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HomeMy WebLinkAbout03.27.06 EDA Packet City of Farmington 325 Oak Street Farmington, MN 55024 . A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All of our Customers AGENDA ECONOMIC DEVELOPMENT AUTHORITY March 27, 2006 - 7:00 p.m. City Council Chambers, City Hall PLEASE NOTE: We will have a brief open house/reception immediately before the EDA meeting on Monday night. It will begin at 6:45 p.m., and cake and soft drinks will be available. Please join us in celebrating the formation of the new EDAJ 1. Call Meeting to Order --Swearing in of New EDA Members 2. Approve Agenda 3. Consent Agenda a. Bills b. February 27,2006 Minutes . 4. Public Hearings (None) 5. Unfinished Business a. Downtown Area -- Mc Vicker Lot At the February EDA meeting, the EDA authorized and direct City staff to initiate contacts with developers (who have substantial commercial development experience) regarding the potential availability ofthe McVicker lot as redevelopment site for a new mixed-use building. During March, packets containing relevant background information were sent to four private developers, and telephone contacts were initiated with each of them. We anticipate that preliminary meetings will be conducted later this month and/or in early to mid-April with any developers who express an interest in the site. No commitments will be made to any of them; we're simply trying to assess their level of interest, their anticipated timetables, and any potential complications that they might foresee. We currently plan to give the EDA a status report in April and then get additional guidance regarding the next steps. Procedural options will be suggested by staff at that time. b. Industrial Park - R & L Trucking . Construction plans are in the final stages of the review process. Some of the initial site grading was completed in the fall of 2005, and we anticipate that the remaining grading will be completed when the frost comes out, followed immediately by the actual construction of the new truck terminal. A question was asked at the February EDA meeting regarding the amount of truck traffic that the terminal is expected to generate. We have attached a copy of a March 25, 2005 e-mail that addresses this Issue. c. Downtown Area - Exchange Bank Building and Larson Building . We have still not yet received building permit applications for the fife escape, the sprinkler system or the remodeling of the upper level of the Exchange Bank building. At the closing that was held on March 21, 2006 regarding the Riste building (see "d", below), Kevin Carroll indicated to Hosmer Brown N (the son, not the attorney) that a letter outlining the timetable for the aforementioned improvements would be greatly appreciated. We have attached a copy of an e-mail that was sent by Mr. Brown on March 24. Given the number of new members on the EDA, it may be appropriate to review the timetable that was envisioned by the parties when the BRA and Mr. Brown's corporate entity (2004 Real Estate Company) entered into the Contract for Private Sale dated November 9, 1998. A copy of that document has been enclosed. The staff recommendation is that the EDA direct staff to conduct further discussions with Hosmer Brown ill and/or Hosmer Brown N in an effort to achieve a mutually acceptable schedule for the completion of any work referred to in the 1998 Contract. Such discussions should address the potential consequences of failing to fulfill the requirements of (a) the 1998 Contract and/or (b) any new agreements that may be reached regarding timing issues. Staff could be directed to provide the EDA with a progress or status report regarding such discussions at the next EDA meeting on April 24, 2006. d. Downtown Area - Riste Building The closing on the sale of the Riste Building was completed on March 21, 2006. The EDA now owns it. A copy of the Deed has been enclosed. We have prepared the form (copy enclosed) required to obtain . CDBG funds to reimburse the EDA for the acquisition cost. City staff members have taken steps to ensure that the building is reasonable secure. Weare verifying that the building is now covered under the City's insurance policy or policies. As noted under Section 5 (a) above, City staff members are already engaged in informal contacts with various developers regarding another downtown property. The staff recommendation is that the EDA authorize and direct staff to engage in contemporaneous discussions with these developers to gauge their level of interest in redeveloping the Riste Building site. Staff could provide the EDA with a progress report at the April 24 EDA meeting. Until we conduct some informal conversations about the property, we will not have a good feel for whether developers will be willing to handle the demolition of the existing building as part of a redevelopment project, or whether they will have a strong preference for simply acquiring the property after the building has been demolished. The staff opinion is that the first of these two options is strongly preferred. e. JIT Powdercoating We have attached copies of some recent e,.mails, which will serve as a progress report regarding this matter. We have also attached a copy of the Lot Improvement Time Limit Extension Agreement dated November 11, 2006, which indicates (in Paragraph la) that the deadline for picking up and paying for the building permit is 4:30 p.m. on March 31, 2006 (Le., the end of next week). f. Vacant Lot at 4'h Street and Main Street . . . . Mr. Heinen has signed and returned the Contract for Private Development that was approved at the last EDA meeting. We will make it available for the EDA's Chairperson and Executive Director to sign it on Monday night. City staff and Mr. Heinen will then be able to provide Dakota County with a fully- executed copy of the Contract so that we can move forward with our efforts to get Dakota County to specify the minimum net sale proceeds that Dakota County will require the EDA to pay to Dakota County following the EDA's sale of the property to Mr. Heinen. 6. New Business a. 305 3rd Street - Former Liquor Store Building At its meeting on March 6,2006, the City Council approved the Deed (see attached) transferring ownership of the "old" downtown liquor store to the EDA. The Deed has been forwarded to Dakota County for recording. City staff members have been researching the issue of prevailing rental rates in the downtown area. We will share our findings and recommendations with the EDA at Monday night's meeting. We have asked the City Attorney to prepare a generic draft of a Rental Agreement so that we can quickly finalize the terms ofa lease after we have (a) gotten some direction from the EDA regarding monthly rent, length of the lease, etc., and (b) found a tenant that is suitable and that finds the EDA's terms acceptable. b. Economic Development Plan We have enclosed a copy of a document' entitled "A Framework for the Creation of an Economic Development Plan for the City of Farmington, " which was distributed to the City Council on March 20. The EDA's comments on this document would be appreciated. We have also enclosed a copy of a City Council memo regarding the selection of a facilitator for a local "Economic Development Summit" that has been requested by the City Council, along with a copy of the related Request for Proposals [RFP] that the Council approved on March 20. The RFP was distributed on March 22 and 23 to the five recipients that are identified on the enclosed list. c. Metropolitan Council- Affordable Housing Needs Staff research is still in progress regarding the methodology that the Met Council used to calculate Farmington's expected or desired contribution to the region's affordable housing needs. We'll report back to the EDA when we have developed a better understanding ofthat topic. d. Dakota Future - 2006 Dakota County Economic Summit EDA member Paul Hardt attended the 2006 Dakota County Economic Summit in Rosemount on March 23, along with Kevin Carroll and Tina Schwanz. One or more of them will presumably be willing to comment on the event! e. Industrial Park - EDA-Owned Lot - Possible Site for Mobile Mini-Storage The City Council has identified 210th Street between Highway 3 and Cambodia Avenue (see enclosed map dated November 4, 2005) as a critically important regional transportation connection. When the Biscayne Avenue north/south connection between County Road 66 (on the north) and Trunk Highway 50 (on the south) is completed, 210th Street will probably be the most important east/west connection between Highway 3 and Biscayne Avenue. The eastern ~ (approx.) of the desired 210th Street connection between Highway 3 and Cambodia Avenue will be constructed by a developer, at the developer's expense, if the City Council approves a pending preliminary plat for "Sumise Ponds." The Sumise Ponds residential development would be _ located on property that is currently owned by Neil and Linda Perkins. (See enclosed City Council mem!' dated March 20, 2006.) At its meeting on March 20, 2006, the City Council tabled the Sumise Ponds preliminary plat, primarily due to some uncertainty that existed regarding when the western ~ (approx.) of the 210th Street connection would be built. The western portion would cross property that is owned by Mr. Patrick Regan. The property in question was formerly the site of a bus garage operated by Marschall Bus Lines. Marschall Bus Lines vacated the site a number of months ago and moved its operations to the former Duo Plastics property located near the Industrial Park. Mr. Regan subsequently entered into a lease agreement with a company known as Mobile Mini-Storage [MMS] for a portion of the former bus garage property. The portion of the property that MMS has apparently leased includes land that would be needed for the right-of-way for the 210th Street connection. See enclosed site plan prepared by "POR-MKR Real Estate LLC." See also the enclosed graphic prepared by City staff in 2004 regarding the potential 21 Oth Street alignment through the Regan property. Mr. Regan has commented on the fact that the right-of-way (estimated at 70' in width) needed for the 210th Street connection would deprive his tenant of space that is needed for its inventory of storage containers. He has indicated that this would be less of a problem if other suitable space could be found for the storage containers that would be displaced by the proposed roadway. City staff members have therefore provided him with preliminary information regarding the sole remaining EDA-owned lot in the Farmington Industrial Park (see 3.5-acre parcel on enclosed "Farmington Industrial Park Concept #3" . map). This parcel would have more than enough room to accommodate any displaced containers. In fact, under the right set of circumstances it could potentially serve asa site for the entire MMS operation, thereby creating an opportunity to redevelop the Regan property in a manner or for a use that is more compatible with the surrounding uses. More information about this possibility will be presented at Monday night's meeting. Most of that information will address the following topics related to the Industrial Park lot in question: 1) zoning issues 2) screening requirements 3) potential use of a portion of the gas line easement 4) pricing issues related to the possible sale of the property Relevant portions of the City Code have been enclosed for your use. After the anticipated discussion, staffwill be seeking the EDA's consent to forward a proposal to Mr. Regan that is consistent with the EDA's preferences regarding this matter. f. Southeast Corner of Intersection of Highway 3 and Highway 50 Six parcels located south of Highway 50 and east of Highway 3 were annexed by the City in 2005 (see area bounded in red on enclosed aerial photo). When they were annexed, these parcels were automatically given an A-I (Agricultural) zoning classification, pending the finalization of a more . suitable zoning classification. This issue will be addressed by the Planning Commission at its meeting . . . on April 11, 2006. The parcels in question currently reflect a variety of residential, commercial and quasi-industrial uses. A policy-level decision needs to be made regarding the highest and best use of the properties in question, and/or for the southeast comer of the intersection in general. The EDA's comments in this regard will be appreciated. The need to address this matter has arisen, in part, because of a requested or proposed use of the parcel that is outlined in yellow on the enclosed aerial photo. More information will be provided on Monday night. 7. Executive Director's Report A verbal update may be provided at the meeting regarding ongoing or anticipated matters involving housing and/or economic development (other than those referred to above). 8. Adjourn . . . . 1 INVOICE LIST FOR EDA MEETING MARCH 27, 2006 AT 7:00 p.m. r I $ $ $ $ $ $ $ $ $ ~ DATE I J DESCRIPTION 02/15/2006 NORTHERN DKT A CTY COC 03/03/2006 XCEL ENERGY - 142 ELM ST SIGN 03/03/2006 AQUILA - 305 3RD ST 03/14/2006 DAKOTA FUTURE 02/28/2006 CAMPBELL KNUTSON 02/28/2006 CAMPBELL KNUTSON 02/28/2006 CAMPBELL KNUTSON 02/28/2006 CAMPBELL KNUTSON 02/28/2006 RIVERTOWN NEWSPAPER GROUP Page 1 $ AMOUNT ~ 30.00 7.97 137.33 120.00 78.27 54.00 472.50 175.50 21.00 $ 1,096.57 I APPROVAq NORTHERN DAKOTA COUNTY Nut 1121 Town Centre Drive Suite 102 Eagan, MN 55123 651-452-9872 Fax 651-452-8978 aO\~ \\)'b CHAMBERS OF COMMERCE Ms. Tina Schwanz City of Farmington 325 Oak Street Farmington, MN 55024 PLEASE DETACH AND RETURN WITH PAYMENT ~\tUc -INVOICE- . NORTHERN DAKOTA COUNTY CHAMBERS OF COMMERCE Farmington Business Councilluncheon2@ $10 Schwanz, Carroll, Siebenaler , $ Date: 02/15/2006 Account #: 9100 Invoice #: 27461 Amount Due: $30.00 Amount Remitted: 30.00 Total: $30.00 95% OF YOUR MEMBERSHIP INVESTMENT MAY BE TAX DEDUCTIBLE AS A BUSINESS EXPENSE, NOT AS A CHARITABLE CONTRIBUTION. . . - /~ J Xcel Energym ~' }Y9y.tA#99@lN~i@~@ ...p~tW~Wm~i~W#::.::Am9H!~(~1~lj~mW:ij.::...::::::: :.:::.:(:::::.l.mgijji~::f.iji!~~:Mt::::..::::::. 51-4874009-4 0313012006 . ... $27.03'- -"-- -.-- Thank Youl . Please Return This Portion With Your P ayrn ent To: . Northern States Power Company AT 01 053247 51575B201 A**3DGT 1.1.1..1.1.11.....1.1.1..1...11..11.1...1.1..1..1.1.1.1...1.11 P.O. BOX 9477 ~ \ () 0 -1;l{q 55484-9471 5\,>:>0 FARMINGTON CITY OF ATTN: ACCTS PAYABLE 325 OAK $T FARMINGTON, MN 55024-1374 51033006n48740094n0000000270300000002703 Detach and Retain This Portion For Your Records Questions: Call Please Call: (800) 481-4700 Hearing Impaired: (800) 895-4949 Fax: (8001311-0050 Activity Summary Date of Bill Number of Payments Received Statement Number or write to us at: Northern States Power Company PO BOX8 . EAU CLAIRE WI 54702-0008 - - - - - - - - - - - $36.49 ;;;;;;;;;; $36.49 CR - $0.00 - - $27.03 - $27.03 - - - Mar 03, 2006 1 60512006 Previous Balance Total Amount of Payments Balance Forward +Current Charges Current Balance .mise Summary emise Number 2899419 303664727 Premise Descriptor SIGN ';<OCJ o. C:. L/:J .:L ~ Current Bill 79 Total Current Bill $27.03 ~- ~--<.-.:- + I / ,I /' I f I / $ (l-:KceIEnergy' . Page 1 of 3 Statement Date: 03/03/06 your due date, the amount IS WI drawn institution and immediately credited. Statement # 60512006 b See back of bill for more information. Account #: 51-4874009-4 A~~~ Aquila $'IOt:Jo g-1 YL ,.' ,.. ~~~\J..() Helpful Information If you smell natural gas, leave the premises immediately and call Aquila at 1-800-303-0357. Customers may register inquiries or complaints in writing to 2665 145th Street West, Box 455, Rosemount, MN 55068-0455 or by calling Aquila Customer Service. Aquila Cares helps eligible people meet energy needs through your tax-deductible donations. To give, please mark your payment stub (below) with the amount you wish to be billed monthly. Aquila matches donations $1 for $1, up to $375,000. To stop giving, call 1-800-303-0752. If you have a previous balance, that amount is due immediately; the remaining balance is due on the due date. Please send payments to the address on front of the payment stub. Supply Cost - Your bill may include an adjustment or rate change due to the cost of purchasing energy from suppliers. The charge may appear as PGA, GCR, ECA or ICA dependent upon the state you reside in. Customer Charge covers part of the fixed costs of delivering your energy, regardless of usage. PO BOX 4649 CAROL STREAM, IL 60197-4649 24 hour Customer Service call 24 hour Emergency Service call 1-800-303-0752 1-800-303-0357 FGTN MUNICIPAL LIQUORS 5(J5 ~Y1tS+----- Account Number: Amount Now Due: Billing Date: Auto Bank Transfer: 2059 6652 50 $137.33 03/03/06 03/20/06 Previous Account Balance Payments Received Previous Balance Due Fees/Adjustments Current Charges Gas Total This Bill New Account Balance $102.64 102.64 CR 0.00 0.00 $137.33 137.33 $137.33 ';~5Jr~-qt"!; t>_:.p(I,>I~ '".1;j....1(~'" - ,71 ~ ~ "", - I > .. $137.33 See back for billing details. Account Number 2059 6652 50 Detach and mail this portion with your payment. Bring entire bill if paying in person. Automatic Bank Transfer I want to support AqUila Cares with a monthly gift of: $ $5 $10 $20 Other 11.1.1.,1111111111.,11,.1111,,1.111..,111.,1111.11.1,11.1,1.11 AQUILA (PNG) PO BOX 4649 CAROL STREAM IL 60197-4649 1,11"11'''111111.1,,1,,,1.1.,1.11111 1.,11.11111.,11,1"111111 205966525000000013939000000137332302 Please enter amount enclosed L See back of bill for CheckllNE sign up or address change. 11,11..,111.,111..111111.. .11,1.111.1,1,1..111.,111.111..11.11 POllTKB 332701 AVO.293 00033270 112 33270 DPI3 FGTN MUNICIPAL LIQUORS 325 OAK ST FARMINGTON MN 55024-1374 1.1.1..1,1,11." ..1,1,1"1,,,11..11,1,, ,1.1..1"1,1.1,1,,,1.11 . 2 AQL001 POBTKB 00033270 I 00033724 ..----~ .' . . \ 0 'bO.r:JO CHECK REQUEST DATE REQUESTED:~DATE NEEDED: '/:J)~ PAYABLE TO: _Dc\.;\Co-D}V ~UU ADDRESS: VD \?~O>< 2L\\:Q.tY ~0\f J V wi leu! mY) fj5 12L! -Ot6iL{ / . ACCOUNTNO<S-'~!2COO-LaYlO AMOUNT:12JJ. 00. DESCRIPTION: DoJL.AJT1"-J ~ift/ t (,1CYlaYl\~U cJv Y)1Y)llt REQUESTED BY~\ (}.J S ua AUTHORIZED BY: . PLEASE FILL OUT FORM IN ITS ENTIRETY. ANY FORM RECEI D BY THE ACCOUNTS PAYABLE DEPARTMENT NOT FILLED OUT CORRECTL YIENTIREL y. WILL E RETURNED. Please make checks payable to: Dakota Future Please mail checks to: Dakota Future PO Box 240874 Apple Valley, MN 55124-0874 Dakota Future is an initiative of the Dakota Workforce Foundation, a 50lc3 organization. Federal Employer ID: 41 2009322 For more information, contact: Bill Coleman bill@dakotafuture.com 651-491-2551 Thank you for your Summit registration! TSON r<'~t;c,ciation ~ysat Law axlD. #41-1562130 agalldale Office Center l>~()rporate Center Curve ,Eagan, Minnesota 55121 (651) 452-5000 , ~. . ./\'oV \\'? ',J\' Page: 1 February 28, 2006 Account # 1852G SUMMARY STATEMENT 10b5.0403 10 \ (j . 04 D3 102..\ . 040 \ I 030 I lcAfo3 1010.lJ4CO I OQ6. &7"03 1000. (v40 ~ /~O. (J-iD3 CREDITS PAYMENTS PREVIOUS BALANCE FEES EXPENSES 1852-000 RE: GENERAL LEGAL SERVICES (RETAINER) ~23Z.3(P SERVICES RENDERED TO DATE: 6,227.10 6,235.50 20.34 0.00 -6,227.10 -$6';255.84 . 1852-001 RE: GENERAL LEGAL SERVICES (NON-RETAINER) L a/..t1,.n I ,100. by o3.-hl SERVICES RENDERED TO DATE: \0D\t41. I \ co' (o~tl'?::. -511 5,886.00 5,251.50 0.00 0.00 -5,886.00 $5,251.50~ 1852-002 RE: PASS THROUGH LEGAL SERVICES ~.(oqD~ SERVICES RENDERED TO DATE: 1,885.50 1,867.50 0.00 0.00 -1,885.50 $1,867.50 1852-003 RE: FORFEITURES (NON-RETAINER) '2.100. \t?~0 SERVICES RENDERED TO DATE: 189.50 186.00 0.63 0.00 -189.50 $186.63 1852-013 RE: EDA GENERAL MATTERS (NON-RETAINER) rzpcO' ~ "tD.S SERVICES RENDERED TO DATE: 533.00 54.00 0.00 0.00 -533.00 $54.00 1852-019 RE: ASH STREET POND PROJECT SERVICES RENDERED TO DATE: 220.50 0.00 0.00 0.00 -220.50 $0.00 1852-024 RE: ASH STREET EASEMENTS L../ {OS. (Pyo ?:J SERVICES RENDERED TO DATE: i. 179.38 324.00 18.22 0.00 -179.38 $342.22 I I - ---- ~ Page:!; February 28, 2006 , . Account # 1852-000G 98 . GENERAL LEGAL SERVICES (RETAINER) . ERVICES RENDERED TO DATE: HOURS meeting with Lee Mann and Kevin Carroll. 3.50 410.92 02/22/2006 SRN Administration - correspondence to Cindy Muller re: Councilmember McKnight's council packet for February 21,2006. 0.20 15.65 JJJ Council - review City Council actions; telephone calls with Robin Roland, Lee Mann, Kevin Carroll, Jen Morical, etc. 1.00 117 .40 JJJ Public Works - telephone call with Jen; e-mails with staff re: tree ownership in boulevards, right-of-ways, etc. 0.50 58.70 JJJ ~mm~._~II- reserach and e-mail response .... re: withdrawal of MUSA from property. 1.50 02/27/2006 AS Flagstaff-Aquila - Review request for easement along Flagstaff-Aquila. 0.20 JJJ Public Works - e-mails with Lee Mann re: revisions to standard development contract template; research OPS. 0.50 02/28/2006 AS Flagstaff-Aq~i1a - Draft easement along Flagstaff-Aquila. 2.80 CJH Telephone conference with Lisa Dargis; review email from Lisa; compare contract from Lisa with our version; conference with AMP; revise contract per Kevin Carroll; (5.2V email contract to Lisa Dargis. i112A leo Pt I+E0 f\ eJl 1.00 SRN Administration - correspondence to Cindy Muller re: ordinances approved as to form by city attorney. 0.20 15.65 JJJ __p1mUIJ1Nla.e.'2.e~JSm~lephone call with Kevin Carroll re: annexation and townships, follow-ups. 0.50 _oe JJJ Public Works - review assessment documents (sealcoat and Hill Dee); e-mail with Lena. 0.50 58.70 JJJ Public Works - research and draft revisions to development contract template; e-mail with Lee Mann. 0.50 58.70 JJJ Parks - e-mails to and from Randy Distad re: ice . resurfacer bid/letter to Zamboni representative. 0.40 47.06 CAMPBELL KNUTSON Professional Association Attorneys at Law Federal Tax I.D. #41-1562130 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 City of Farmington Attention: Ms. Robin Roland Finance Director 325 Oak Street Farmington MN 55024 Page: 1 February 28, 2006 Account # 1852-013G 65 RE: EDA GENERAL MATTERS (NON-RETAINER) SERVICES RENDERED TO DATE: HOURS 02/24/2006 AMP Telephone call from Hosmer Brown; telephone call from Kevin. AMOUNT DUE 0.40 0.40 54.00 54.00 . TOTAL CURRENT WORK 54.00 PREVIOUS BALANCE $533.00 02/28/2006 Payment - thank you -533.00 TOTAL AMOUNT DUE $54.00 -' . Amounts due over 30 days will be subject to a finance charge of .5% per month (or an annual rate of 6%). Minimum charge - 50 cents. . . Page: 2 February 28, 2006 Account # 1852G PREVIOUS BALANCE FEES EXPENSES PAYMENTS CREDITS 1852-025 RE: LALANI CRIMINAL APPEAL SERVICES RENDERED TO DATE: 92.50 40.50 0.00 0.00 -92.50 1852-029 RE: EDA/2004 REAL ESTATE COMPANY SERVICES RENDERED TO DATE: 639.00 472.50 0.00 0.00 -639.00 1852-030 RE: EDA/JOSEPH M. HEINEN (CONTRACT FOR PRIVATE DEVELOPMENT) SERVICES RENDERED TO DATE: 0.00 175.50 0.00 0.00 0.00 1852-999 RE: PROSECUTION MATTERS SERVICES RENDERED TO DATE: 6,008.47 5,764.50 90.32 0.00 -6,008.47 21,860.95 -21,860.95 20,371.50 129.51 0.00 Amounts due over 30 days will be subject to a finance charge of .5% per month (or an annual rate of 6%). Minimum charge - 50 cents. BALANCE 10Sb1 Co~c3 $40.50 dOUO . u,Lf CL3 $472.50 'liXP ~l{c0 $175.50 f05f) 0'1CJ3 $5,854.82 $20,501.01 CAMPBELL KNUTSON Professional Association Attorneys at Law Federal Tax I.D. #41-1562130 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 . .-~, . City of Farmington Attention: Ms. Robin Roland Finance Director 325 Oak Street Farmington MN 55024 Page: 1 February 28, 2006 Account # 1852-029G 9 RE: EDA/2004 REAL ESTATE COMPANY SERVICES RENDERED TO DATE: HOURS 02/01/2006 AMP Voicemail from and to Kevin; telephone call from Kevin. 0.20 27.00 02/07/2006 AMP Telephone call from and to Kevin Carroll. 0.30 40.50 02/17/2006 AMP Email from Kevin; draft purchase agreement amendment; . email to Kevin; voicemail to Lee S.; telephone call from Kevin. 1.00 135.00 02/20/2006 AMP Telephone call from and email from and to Kevin. 0.50 67.50 02/21/2006 AMP Telephone call from Kevin; telephone call to Lee S.; telephone call to Del re: revised survey; telephone call to Hosmer Brown re: application; telephone call from Kevin; email from Kevin. 1.10 148.50 02/22/2006 AMP Telehone call from Del Schwanz re: legal descriptions. 0.20 27.00 02/28/2006 AMP Telephone call from and to Kevin Carroll. 0.20 27.00 - AMOUNT DUE 3.50 472.50 TOTAL CURRENT WORK 472.50 PREVIOUS BALANCE $639.00 02/28/2006 Payment - thank you -639.00. . . RE: EDA/2004 REAL ESTATE COMPANY SERVICES RENDERED TO DATE: Page: 2 February 28, 2006 Account # 1852-0298 9 TOTAL AMOUNT DUE $472.50 Amounts due over 30 days will be subject to a finance charge of .5% per month (or an annual rate of 6%). Minimum charge - 50 cents. 1.00 135.00 . 0.30 40.50 - 1.30 175.50 175.50 $175.50 CAMPBELL KNUTSON Professional Association Attorneys at Law Federal Tax I.D. #41-1562130 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 City of Farmington Attention: Ms. Robin Roland Finance Director 325 Oak Street Farmington MN 55024 Page: 1 February 28, 2006 Account # 1852-030G 1 RE: EDA/JOSEPH M. HEINEN (CONTRACT FOR PRIVATE DEVELOPMENT) SERVICES RENDERED TO DATE: 02/24/2006 AMP Telephone call from Kevin; emaHs from Kevin re: Heinen and revisions; revise language re: Heinen agreement; emaH to Kevin. HOURS 02/27/2006 AMP Review revisions from Kevin and redlined version. AMOUNT DUE TOTAL CURRENT WORK TOTAL AMOUNT DUE Amounts due over 30 days will be subject to a finance charge of .5% per month (or an annual rate of 6%). Minimum charge - 50 cents. . ^. , . . RiverTown ;~:,'~ewspaper Group PO Box 15, Red Wing, MN 55066 .~ ----- 02128/06 STATEMENT / INVOICE : :1,;' 1,148.50 1 of 1 CITY OF FARMINGTON Attn: ACCOUNTS PAYABLE 325 OAK ST FARMINGTON MN 55024 CITY OF FARMINGTON 50002038 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT. PLEASE REMIT TO: PO BOX 15, RED WING, MN 55066-0015 THANK YOU FOR ADVERTISING WITH US. TERMS: PAYMENT DUE BY 25TH OF MONTH. 1.5% MONTHLY (18% ANNUAL RATE) ADDED TO ACCOUNTS PAST DUE. INV.. ".... ~;. n ',PUE3L1CHE~fl!N~ NOTICE-~ " --'\':"'0 k-''''''''''''~ ~~ -.......... . .. >",. ::r~~i~~RI~~:~ei~~*t',,,;?",,,,,~~~~#~!~'+i.~ '''';',c:::':;t. ,;;:,:;~::;~.~ti PUBLIC HEARING NOTICE-S~P ? \ -",WI \,lJtT ' 1 4,00 Classified Display ~tu V' Farmington Independent ~ PUBLIC HEARING NOTICE-LIQUOR M ,,~.fAcL~ 'C:; Classified Display ~' . ,~~~'!.l!ngton Ind,ependent ...',... '" .' .., ",,,,...,,,:0 '...." ." 20306932 ... .. :,.i>UBLlC HEARING NOTICE-OFF-S'rRE~'" ,P,'. < C{'X ,1 , .' PO:Legal '.::<" 'fif4<2Ia,s:;Jf.i.e.9.Display . '. I..~..' ,. '1Jf'~a1iniif9tori-<f'rndependent-..~-. ",'. ,.-.... ..,-~.-..-. ...~.. .'....."..,. - .- ~-_....~ . _._''''"'-''''''~'' .. -,..."'....~ .-.... _..~... BALANCE BROUGHT FORWARD 20305539 PO:Legal \. 02116/06 02116/06 INV 56.00 02116/06 02116/06 INV 20306931 PO:Legal 20.00 140.00 02116/06 02116/06 ' INV 5.00 35.00 812.50 Total Amount Due: 1,148.50 50002038 CITY OF FARMINGTON ~t-f s ,.~ ~ ,.~ ~"!I:t.OD $ ~ I, 00 30-60 DAYS 60-90 DAYS ~.,"" ~~'._. TOTAL j;:M(50 ~ ~ '. . r~hi;.:lmEJf{~r:~~]~1Lt~?1it:J4~jtr~1~~~{~~~~.~"3~~;~~~~:f'-j~ 02128/06 ~ "61 I DD~ \ 'J>0 RiverTown /.,.::.::rc'cc,:;,,,,,:'_Newspaper Group .1i~ii~mSi~'~~:::'" ';::' A Hastings Hudson Lake Elmo New Richmond Pierce County Red Wing River Falls Rosemount Town Pages .\ South Washington Stillwater Woodbury Star Gazette Star-Observer Leader News Herald Republican Eagle Journal fannington Independent County Bulletin Courier Bulletin 651-437-6153 715-386-9333 651-777-3830 715-246-6881 715-273-4334 651-388-8235 715-425-1561 651-460-6606 651-459-3434 651-439-4366 651-730-4007 Billing inquiries please call: 651-388-8235 . 1-800-480-7056 . 1\vin Cities Toll Free 612-338-3573 . FAX 651-388-8912 . E-mail: billing@rivertowns.net . . . MINUTES ECONOMIC DEVELOPMENT AUTHORITY REGULAR MEETING February 27, 2006 1. Call Meeting to Order The meeting was called to order by Chairperson Arey at 7:00 p.m. Members Present: Arey, Collignon, Hardt, McKnight, Starkman Members Absent: Flaherty, Fogarty Also Present: Community Development Director Kevin Carroll; Economic Development Specialist Tina Schwanz; Mayor Kevan Soderberg 2. Approve Agenda MOTION by Hardt, second by Starkman, to approve the agenda. APIF, MOTION CARRIED. 3. Consent Agenda MOTION by Hardt, second by McKnight, to approve the Consent agenda as follows: a. Bills b. January 9,2006 Minutes APIF, MOTION CARRIED. 4. Public Hearings None 5. New Business (Procedural Matters) a. Adoption of By-Laws All references to the HRA have been removed, the timing ofthe meetings has been changed and the by-laws are ready for approval by the EDA. MOTION by Starkman, second by Hardt to adopt the by-laws. APIF, MOTION CARRIED. b. Election of Officers MOTION Hardt, second by Starkman to nominate Todd Arey as Chair of the EDA. MOTION by McKnight, second by Hardt to cease nominations and cast a unanimous ballot for Todd Arey as Chair. APIF, MOTION CARRIED. MOTION by Starkman, second by Collignon to nominate Paul Hardt as Vice- Chair of the EDA. MOTION by McKnight, second by Collignon to close nominations for Vice-President and cast a unanimous ballot for Paul Hardt as Vice-Chair. APIF, MOTION CARRIED. c. Official Newspaper MOTION by Hardt, second by Collignon to designate the Farmington Independent as the official newspaper of the EDA. APIF, MOTION CARRIED. EDA Minutes February 27,2006 Page 2 d. Meeting Schedule EDA meetings will be held the 4th Monday of each month. MOTION by Hardt, second by McKnight to approve the schedule of ED A meetings being held on the 4th Monday each month, and the December meeting will be held on December 20, 2006. APIF, MOTION CARRIED. 6. Unfinished Business f. JIT Powdercoating Mr. Milner's plan to expand his building is moving forward. The plans have been reviewed by staff and all modifications are acceptable to him. Once the plans are approved by staff, Mr. Milner will apply for a building permit the first two weeks in March. Grading and excavating should begin around April 1, 2006. Significant progress has been made with parking trailers on the road. Once construction begins, he will give first priority to getting the site work done for the parking area. Once the excavating is done, the material will be moved to the northeast side of the lot. The trailers should be off the road the second or third week in April. This is acceptable to staff. a. Downtown Area - McVicker Lot Mr. May, of Four Star Development, has had some personnel changes. He has been trying to obtain the staffhe needs to move the project forward. He contacted staff recently that he feels he is unable to proceed. Staffhas been trying to contact him to determine if staff can assist him with the issues. lfthe problems cannot be resolved, staff wanted to discuss with the EDA what action should be followed. There are a number of developers that have done successful projects in Farmington. Staff suggested approaching them to see if they are interested in the property and asking what they would do with it. They could be given copies of the proposal from Four Star. This should take 30 days. Staffhas talked with one of the developers and provided him with copies of the elevations and the RFP. He understands what the HRA had been looking for. There are three other developers staff would like to approach. The other option is for the EDA to go back to the RFP process, however, there is a timing issue. Member Starkman asked if any of the other proposals received are still viable. Staff noted the Dunbar proposal would not be viable. There was a proposal from the owner of Gossips for an outdoor plaza area. The HRA was looking more for a new structure, however, they were not opposed to an outdoor plaza. The other proposal was from Todd Heikkela to build a building on half of the property. The HRA was not interested in this project. Staff would inform other developers that the EDA is looking for a building to be constructed. . . Member Hardt recommended staff approach the other three developers regarding the lot. Councilmember McKnight stated he would still like to have the neighboring businesses notified as to what is going on even with this approach. . Staff provided an update to Member Collignon as to what Four Star had planned. EDA Minutes February 27, 2006 Page 3 . Chair Arey agreed with staff approaching other developers regarding a similar project. It will be up to the EDA as to which developer would do the project. Staff will provide them with the information that the HRA developed as to their preference. b. Industrial Park - Aerospace Fabrication and Materials EDA members participated in a tour and ribbon cutting for this new facility. Councilmember McKnight noted it was a very impressive building and was glad to see the number of employees working there and it is still growing. Member Collignon felt it was a great addition to Fannington and the Industrial Park. Member Starkman noted they are looking to expand by hiring another 15-20 employees within the next year above the 43 already there. Member Hardt stated it will be exciting to think about something from Fannington being in space. It is great we are contributing to our defense with some ofthe equipment they are making. There will also be an international presence. This is exactly the kind of business we want and an example ofthe kind of partnerships that can be developed between a government agency and a private business. Chair Arey was very impressed and agreed with all the comments. He suggested a field trip for students. c. Industrial Park - R & L Trucking Construction plans have been reviewed and comments sent to the developer. Grading began last fall and preliminary excavating has been done. There will be two ponds on the property. In the spring the extension of20Sth Street will begin. Regarding the intersection of20Sth Street and Pilot Knob, warrants have to be met before a signal can be installed. Once the extension is made to Akin Road, the traffic volume may increase. . d. Downtown Area - Exchange Bank Building and Larson Building Building permit applications have still not been received for the fire escape, the sprinkler system or the remodeling ofthe upper level ofthe Exchange Bank building. It has taken longer to close on the Riste building than anticipated. Once the closing is held, staffwill invite Mr. Brown to the EDA to discuss the progress on the Exchange Bank building. A topic of discussion for a future meeting will be whether the EDA chooses to take actions that are authorized by the contract between Mr. Brown and the HRA. There were deadlines specified for completing certain portions ofthe renovation of the building. These are long past. The EDA could try to get the building back, but there are pro's and con's to that. Staff feels it is too early for that. e. Downtown Area - Riste Building Staff has had the property surveyed. There were some gaps and overlaps found between the buildings and the lots. This is not uncommon. In the downtown there are 2-5 buildings on one lot. The Riste building is on a parcel that is not contiguous with the boundaries ofthe building. There is a small piece ofthe parcel that extends to the east, behind the Gerster building and the Larson . EDA Minutes February 27, 2006 Page 4 building. The Purchase Agreement had a legal description that referred to the . entire parcel. The survey showed that the addition to the Gerster building overlaps the property line. If this extension is taken off, Mr. Brown would have to deed this to the Gerster's. The other issue is the transformers. Staff would prefer to not have transformers on EDA property if they serve properties other than the Riste building. Ifthe transformers are not on EDA property, they do not need to worry about it. Mr. Brown suggested splitting off this small piece of property. The code specifies a minimum lot size. Most lots downtown are already smaller than the minimum. The Planning Commission has agreed to grant the variance to split offthat piece which would make the lot smaller. The City Attorney has said once that piece is taken off, it is no longer the same piece of property the EDA agreed to buy. So the legal description in the Purchase Agreement needs to be changed. Staff provided the EDA with this amendment to the Purchase Agreement. If the EDA approves this amendment, the closing could proceed. MOTION by Hardt, second by Starkman to approve the amendment. APIF, MOTION CARRIED. g. Vacant Lot at 4th Street and Main Street The house located at 315 Elm Street is proposed to be moved to the comer of 4th Street and Main Street. Mr. Joe Heinen proposed to move the house for commercial development along Elm Street. The Planning Commission has approved the CUP to move the house. A Contract for Private Development between Mr. Heinen and the HRA was sent to him in December. A revised copy was presented to the EDA for review. Dakota County has indicated they will sell the lot to the EDA, who will sell it to Mr. Heinen. The County will expect to receive fair market value for the lot. The HRA's position has been that Mr. Heinen has already incurred substantial expenses to investigate the environmental issues and will have additional expenses to remediate the contamination. Staff would like the County to sell the lot for $1 so staff could sell it to Mr. Heinen for $1. The cost to clean up the lot will exceed the market value. Staff would like the EDA to sign the contract so staff can move forward with the County. MOTION by Hardt, second by McKnight to approve the Contract for Private Development. APIF, MOTION CARRIED. . 7. New Business (Non-Procedural) a. 305 3rd Street - Former Liquor Store Building The downtown liquor store building is vacant. Staff recommended that ownership be transferred from the City to the EDA so the EDA can market the building. A Quit Claim Deed would be needed for this transaction. MOTION by Starkman, second by Hardt to recommend to the Council that they approve the proposed transfer of ownership of the liquor store from the City to the EDA with the understanding that the EDA and staff will work on finding a tenant. APIF, MOTION CARRIED. . . EDA Minutes February 27,2006 Page 5 b. Economic Development Plan Staff wanted to discuss three specific things to obtain some guidance. The first item was the content of the Economic Development Plan. Staff has been collecting Economic Development Plans from other cities and reviewing them. Some have very detail specific action plans and some do not have any. Some get into the geographic areas and some do not. Staff would like the plan to be as comprehensive as possible and address both the geographic and non-geographic issues. Staff presented some items that have to do with the geographic aspect. There is a map with the City divided into areas where there is currently commercial or industrial activity or areas where it could occur in the future. Staff also provided samples of the types of materials they would prepare for each ofthe areas. . The second item is the proposed timetable for the creation of the Economic Development Plan. One approach would be for staff to write the plan. The other end would be a large group of people involved from the beginning. Staff is recommending the EDA and staff start by crafting a draft of an Economic Development Plan, try to identify the issues, create the skeleton, and then it goes to the Planning Commission and Council for comments. Then there would be an Economic Development Task Force created that reviews the initial draft. There would be input from the public at large, from people that live in or near each of the areas identified and factor that into the draft. The plan would be brought back to the EDA and then it goes to the Planning Commission and Council. The third topic is ifthe EDA thinks there is benefit to having a task force involved, what should the composition be. . Staff explained the areas identified on the map as possible commercial areas which are in the northern half ofthe City. Another map showed areas in the southern part ofthe City. Staff asked for comments from the EDA on breaking the City down into separate study areas and then analyzing the issues related to each. Staff also showed samples of maps of specific areas showing the footprints of existing buildings, identifying the spaces occupied by the businesses, the nearby streets, and the existing zoning. The goal is to have a record that would exist at the time the Economic Development Plan is adopted that shows current conditions. If the group wants to talk about what could happen in this area in the future, then the information is available. Staff presented aerial maps of various areas. There is also a spreadsheet that could be used for analyzing details related to the various zones. The spreadsheet contains the study area, the owners of all the parcels, the property ill numbers, the gross and net acreage, the net developable acreage, square footage of any existing commercial buildings, potential additional commercial, current market value, and there are also columns for industrial. The spreadsheet calculates subtotals for each area and a citywide total. Dakota Electric makes money available each year as part of the Partners in Progress program. Typically it is $5,000. Last year staff proposed to use the money to hire consultants to help with various aspects of the Economic EDA Minutes February 27,2006 Page 6 Development Plan. Staff would provide this spreadsheet to the consultant as a base. Councilmember McKnight agreed with the approach on the geographic and non- geographic issues. On the proposed timetable, he felt it was very aggressive. He suggested bringing something to the Council sooner to get their input. Community Development Director Carroll stated if the EDA would like to see more staffwork in the early stages and fewer meetings, that can be done. In the early stages of the MUSA review process, there were discussions about how people wanted that to be handled. Staff could make recommendations at the first or second meeting and get reactions. Council wanted to see more from the ground up and see what the Planning Commission wanted and the Council. That would help guide the staff recommendation. The advantage ofthis is there is lots of input. The disadvantage is that a MUSA process they thought would take three or four months, took a year and it took 13 meetings. Staffs proposal of doing more work in the early stages would not involve special meetings ofthe EDA. Otherwise, they would have to meet every other week or the process would take longer. The other item to discuss is the stages. This does not have to go to the Planning Commission and Council a third of the way into the process to get an initial reaction from them. Staff can provide them with copies of drafts for them to review at their leisure and give comments informally. From some Councilmembers there is more interest in getting a product of some kind generated on the non-geographic items at an earlier stage. They might like to see an interim report that talks about marketing, business retention, expansion, attraction, establishing working relationships with partners, etc. Those things do not have to wait until the end. The task force is an important component. Although its duties would be limited to analyzing specific things and making recommendations there is a need for public input of some kind on an ongoing basis once the plan is adopted. The Chamber has proposed an Economic Growth Committee. That may be one of several ways of getting ongoing public input. There may be people willing to serve on an Economic Development Task Force who could transition into a long term Economic Growth Committee. The EDA should make the final recommendation to the Council. If the EDA wants to allow more time, that can be done, or if they want to shift more work and analysis to staff, that can be done. As far as the composition of the task force, staff suggested 16-18 members with representation from the EDA, Planning Commission, Council, Chamber of Commerce, businesses that are not members of the Chamber, residents, staff, and school district. Member Starkman commented on the proposal of the task force. There is one person listed from the EDA and he suggested having more than one member. As far as the approach, staff had mentioned using funds for a consultant and asked if there would be enough to get a general plan from a consultant and then adjust what they propose or would it be a drop in the bucket compared to the cost of an overall analysis. Staff replied some cities have put most ofthe work on a consultant, but there is a cost and it has not been budgeted. Staff feels consultants . . . EDA Minutes February 27,2006 Page 7 . should be used on an as needed basis to supplement the work staff can do. Staff cannot analyze market conditions and make long term projects. $5,000 is enough to get projections as to how much acreage needs to be converted to commercial and industrial. If all the money is spent on a consultant to help with market predictions and we want to hire a consultant to help determine the financial incentive options available such as creating new TIP districts, we would have to go to the Council to find the money somewhere else. Member Hardt would rather use the consultant on an as needed basis and use our own resources to start with. He stated we have a lot oftalent at this table and in the Council and also with what could be a wonderful list of people participating from the community. It would be hard for a consultant to match the knowledge and the talent that could be sitting on that task force. Councilmember McKnight agreed there would be enough different approaches to look at from the example plans. Member Collignon agreed that we should use our resources first before looking elsewhere. . Community Development Director Carroll addressed having more EDA members on the task force. Ifwe move away from having a lot of the preliminary work done between the EDA and staff, if we have the EDA take more ofa supervisory role and not so much in the trenches, then it would make sense to shift some of these things to the task force and then have another EDA member or two on the task force. Chair Arey stated the task force would take what has been done preliminarily and expand on it with supervision and bringing it back. Staff stated the task force would have two functions. One would be to review what has been done so far. Another function would be if a certain area of the City were to be discussed, the people surrounding that area would have to be notified of the meeting. The task force would hear the comments of the residents and they would have that information to make recommendations back to the EDA as to what that component of the Economic Development Plan should include. The EDA and Council will give the parameters to staff for conducting the meetings. . Member Hardt felt this was a good start, but he had a lot of comments. He felt it was great to go with a geographic approach, but it looks very, very tactical. That is fine, he understands this eventually has to boil down to very specific tactics, but what is needed at the beginning, particularly with new people at the table and with other entities who will be participating, we need much more of an attention paid to vision. What is the vision that we want for Farmington and to some extent the surrounding area in terms of economic development? He would like to see more time spent up front on that. A very closely related issue is what is the role ofthis document going to be? Is it going to have the same level of importance as our comprehensive plan? At some point very early on in the process that question will have to be answered. What role will this document play? Ifwe do decide that we are going to use eminent domain to look at the houses on the Spruce Street corridor, we would need to have some kind of justification for doing that. That goes back to things like what is our vision for what we want to have happen. Also what is the relationship of this document to our comprehensive plan and any other critical documents the City has. Is this considered an adjunct to the EDA Minutes February 27,2006 Page 8 comprehensive plan or is it separate and parallel? A related issue is what is the ongoing relationship between this document and the comprehensive plan? Will they be jointly reviewed on a regular basis? Who will be the joint reviewing group that will do that? Member Hardt addressed other infrastructure things such as transportation, mass transit, and railroad. The railroad could not only be used for commercial traffic, but also for passenger traffic. He would like to at least see this looked at, but certainly mass transit and bus. When bus stations or mass transit stations are built commercial development tends to build around that. Next he addressed finances and taxation. What do we want to see in terms of our tax revenues coming from commercial and industrial development? What is the relationship, what is the percentage we want to see? What are our goals? Do we want to increase our industrial and commercial tax revenues by x% or do we not want to say that. He mentioned the review schedule. This should definitely be added as an item towards the end. Should this be reviewed yearly, biannually, whenever needed, etc.? Who should do this review? Should we go through this process every four years? Regarding relationships with townships, this is a great point. The township participation should not be just optional. We should aggressively go after township representatives. Definitely in the Eureka comer for sure. We have already seen commercial and industrial development on the south border of the City seeping into Castle Rock Township. There are strong feelings in Castle Rock Township about that so we want to be sure we are coordinating with other communities. How does this plan coordinate with Lakeville's plan or Rosemount's plan or Apple Valley's plan or with the township's plans? How can we work together on that? How about a regional Planning Council? The next topic was the level ofthe end product. What is the end product going to be? It is not only going to be maps. Is it going to also be very specific action steps that the EDA will be recommending to the Council? Will there be policies? Will there be ordinances? What level of end product are we looking at? Member Hardt considers this to be a very positive thing. Community Development Director Carroll commented on a couple items. As far as visioning, very clearly we need to do that. The role of the document - the Met Council requires that the Comp Plan be updated by 2008. To get that process started, we are already doing system plan updates for the east side of town because of development pressures. That will become a component ofthe citywide system plans that get incorporated into the new Comp Plan. The reason there are lots of maps is because as the Comp Plan is updated, a lot of these land use decisions will have to be dealt with at a planning level. The EDA's and the public's input with regard to the commercial and industrial areas should come before a lot of the planning decisions are made. The Planners will have the benefit ofthat input. Ifthe timetable works out, there will be an Economic Development Plan by the end of this year, ifnot sooner, that Planners and others can use in 2007 and 2008 and fine tune it a little. Portions may be used in the Comp Plan update. As far as transportation, mass transit, etc., many cities have sections devoted specifically to that. There are staff members that are advocates oftrying to incorporate mass transit into what we do. Regarding the review . . . EDA Minutes February 27,2006 Page 9 . schedule, staff can give the EDA proposals on that. Lakeville looks at theirs' every other year. There could be a text portion with the philosophical items and look at that every two or three years and an addendum that is updated annually. Member Hardt had another idea related to vision and end results and that is an economic development score card. How would we know year to year that we are doing well on our economic development goals? Community Development Director Carroll addressed the end product. Most cities have as part of their Economic Development Plan a work plan. There is the goal, a section about the philosophy, and how are we going to do that. An example would be talking to one business a week about expansion plans, dealing with the City, getting permits approved, etc. At the end of the year you would have talked to 50 businesses. If this is done every year, eventually everyone is contacted and there is ongoing information. This is an example of a specific task that would be identified in an action plan. If the Council approves this, it would become the responsibility of staff members to fulfill that task. This is where the score card would corne in. Regarding the townships, staffhas to deal with the townships on a day-to-day basis. Staff is trying to encourage the townships to look at things regionally. On the task force there should be a designated township slot and staff will actively seek someone to fill that role. . Member Collignon commented the maps and aerial photographs are very helpful. The geographic and non-geographic he has looked at as strategic and tactical and it is very important to distinguish between the two. Looking at the geographic, there are several things to consider. It is very important to get the townships involved. When looking at the geographic portion there will be sensitive areas within the community and when looking at development and redevelopment. With the task force there may be sub-committees to deal with certain locations. The economic development and redevelopment is a topic that is becoming more evident and more prevalent as to how important it is. It is important to look all the way to 2050. He is happy to see the residential development, but would also like to see the commercial development to support that. He would like the commercial and industrial areas to provide jobs. Before going forward any further, Council direction is every important prior to proceeding. The vision should be started from the top down with a general vision. As it narrows down it can get more specific and then can corne back up and filter up. He agreed with the transportation and mass transit and the railroad. Regarding the timetable, he feels it is very aggressive. He would like to see the Economic Development Plan done by the end of the year, but there are a lot of topics to cover. The composition of the task force could be modified. The local Chamber has looked at the Economic Growth Committee and the Chamber will be a valuable resource. They are comprising something the City, the Council, along with the EDA and the task force can provide a broad spectrum initially to look at the Economic Development Plan and narrow it down specifically to what overall is felt will benefit the City. He would like a Council response to what has been presented . EDA Minutes February 27, 2006 Page 10 before proceeding. Councilmember McKnight agreed that other Councilmembers would like some input. Member Hardt noted some of his ideas would be appropriate at the task force level and some at the Council/EDA level. The vision and the broader questions about where we want to go and the measures of success belong in the CounciVEDA level. Chair Arey asked for a consensus as to what the next steps are as far as taking this to the Council. He agreed with using a task force for this project. He would like a month to review this information and get the opinions from the two absent EDA members. He stated the work staffhas done is excellent work. Community Development Director Carroll stated this will also be discussed at the Council Goal Setting and will include the EDA members' comments. He summarized that there seemed to be support for the idea of looking at both geographic and non- geographic factors. However, we do not want either the strategic or the tactical to overshadow the other. Both have to be included. There needs to be more in the paperwork about some of the non-geographic items, have a longer list oftopics. Staffwill prepare a version ofthat for discussion with the Council. He feels the mapping is important because if someone wants 40 acres for a major industrial operation, we do not have a place for them right now. We have vacant property zoned industrial but it is in ag preserve. The property owners are not interested in developing that right now. There are lots left in the industrial park and there may be some opportunities in the Murphy property, but we need to move quickly with some decisions about where larger industrial operations will go or they will look somewhere else. The discussions regarding the areas along hwy 50 should be discussed early in the process. Some members mentioned the timetable was aggressive. Staffwill review that and trim out some ofthe meetings. It sounds like the EDA wants to shift more of the work to the task force as opposed to having lots of EDA meetings and have the EDA take more of a supervisory, strategic role. Member Hardt did not agree with that, he likes it the way it is. He sees a good blend of key group, high-level visioning activities blended with the task force things. He feels there needs to be a few more meetings up front about the broader strategic questions and extend the end time to October or November. Staff suggested talking with the Council at the goal setting workshop and getting their comments and input. That would be brought back to the EDA next month and have a staff recommendation on how to proceed based on the comments from Council. Member Hardt suggested moving the first special meeting to April. Staff noted the next regular meeting is March 27 and special meetings could be discussed then. Member Hardt was willing to follow the current schedule. Staff asked ifthe EDA wanted to have a special meeting on March 13 or wait until March 27. Member Hardt felt they do need to hear from the Council and as soon as the EDA has the information, let's get going. Staff noted to meet on March 13 there is not much turn around from the March 10 goal setting, but staff can make that work however the EDA would not have much time to review the comments. Member Collignon felt it was appropriate to wait until March 27 to have a meeting to allow time to review the comments. He noted the March 10 goal setting workshop is very important and felt the EDA should wait for Council's . . . EDA Minutes February 27,2006 Page 11 . comments before proceeding. Councilmember McKnight stated his wanting to get Council's opinion is not to minimize the opinion ofthe EDA. He wants a quality product and would like to have it done this year, but if the dates get pushed back, he would rather have the quality. Member Starkman agreed with the comments that have been made and to receive Council's comments. The schedule may need to be revised, but the task force will be critical. The EDA's role, if not supervisory, should have a large presence on the task force. . Staffwill meet after the Council workshop about what was discussed and that will be presented to the EDA on March 27. The topics that were proposed for the March 13 meeting will be moved to March 27. Staff was not clear about the EDA's thoughts about the composition of the task force other than adding another EDA member or two. Should there be other groups added, are there too few or too many residents, or Chamber members, is this a good framework. The board felt it was a good start and did not know what else to recommend. Member Starkman stated he wanted more than one EDA member because that is one of the main purposes of converting from an HRA to an EDA. They will be focusing on economic development and in order to have that you need a plan. This board is ideally suited to do that. Therefore, the greater the representation from this board ~~~~~~~~~~~~~~~~~& felt that is the purpose and the function of the EDA. To have one representative on the task force seemed short compared to what their goal is as an Economic Development Authority which is to be the leader of this plan and economic development in the City. Member Hardt felt they could still lead the process. He asked if we add another EDA member, would we take another one off. He would rather give the preference to community involvement at that stage in the process. It will definitely come back to the EDA in the end and approve it. Member Starkman did not have a problem with that, but 16 members is the staff recommendation. Why not have 18-20 members with additional citizen involvement. Staff stated do you have an EDA member on the task force to serve as a liaison or put more EDA members on so the EDA can do more of the work. Staff felt the EDA wanted staff and the Council to be open to having an additional EDA member or two on the task force ifthere were members wanting to be on it. The board agreed. c. Metropolitan Council- Affordable Housing Needs There was a discussion at an earlier meeting about affordable housing being an economic development component. A letter was received from the Met Council specifying what their expectations are for affordable housing for Farmington. Staff provided this for background information and will obtain more information as to how the Met Council arrived at these numbers. The letter states from 2011 and 2020 the City's share of affordable housing should be 492 units. Chair Arey would like to explore how we can meet that goal by 2011. Member Hardt stated we will need to work on the cultural changes to make affordable housing acceptable. That will be the hard part. The soft part is the hard part. The hard part is the easy part. Member Collignon asked what determines affordable . EDA Minutes February 27, 2006 Page 12 housing. Staff stated the Met Council has a formula where someone making a certain percentage of the median income in the seven county metro area can afford it. They work from the income figures to translate that into a home value. Last year it was $197,000. If a house is above that level, it is considered not affordable. . d. Dakota Future - 2006 Dakota County Economic Summit Members Hardt and Starkman will be attending. e. Partners in Progress 2006 Members Hardt and Collignon will be attending. 7. Executive Director's Report Ms. Ruthe Batulis, President of the Northern Dakota County Chamber, stated the Chamber is very interested in the EDA process. She would like to come to a future EDA meeting to talk about business retention calls that the Chamber will be doing and is currently doing. Community Development Director Carroll stated in the past attached to the agenda have been bills from the City Attorney. There may be cases where those costs can be passed onto other people. Staff feels if you want to promote economic development and you pass along legal fees it might not have a good effect. This should be discussed at a future . meeting. Staff would like the EDA to discuss this and make a conscious decision to do this or not do this. Member Starkman asked if new officers should be sworn in. Staff stated it depends on the formality the board wants. It has not been done in the past, but there is no harm in doing this. Chair Arey hoped the Farmington Independent would take note ofthe new EDA and the direction they are moving in. At the next meeting the board had planned on a reception and the swearing-in could be done. Both newspapers will be notified. Chair Arey noted the website should be updated to change the HRA to EDA. Member Collignon asked if it was possible to get the packets earlier to allow more time for review. He received his yesterday. Community Development Director Carroll stated there are two things. One is the staff time to get things done. Sometimes staff is waiting to hear back from people and staffhas to decide whether to send the packet without the information or wait for the last document. Some of the items in the packet came in on Friday and Saturday so the packet was not completed until Saturday. Staff tries to get the packets done on Thursday or Friday. The other issue is the City uses the Police Department to deliver packets. When packets are delivered to the Police Department, if they have nothing else to do the packets are delivered right away. Ifthey are out on calls it takes longer. There have been times when the Police have gotten the packets on a . Friday afternoon or Saturday and there was so much going on they could not get them . . . EDA Minutes February 27,2006 Page 13 delivered until Sunday. Staff will work toward getting them done sooner. The fact the meetings have been switched to a week where Planning Commission packets do not have to be done will help. Chair Arey recalled the packets were being delivered electronically. As some ofthe packets are very large, he suggested sending just the agenda page electronically. The attachments will be delivered as soon as possible. 8. Adjourn MOTION by Hardt, second by Starkman to adjourn. APIF, MOTION CARRIED. Respectfully submitted, /,/' ~' ",/7,_.. 7<7'''7 /~ " / A L<= ce..... / /" 'uFf.C-t- c./~ ~' {/ Cynthia Muller Executive Assistant . . . Page 1 of 1 Tina Schwanz From: Tina Schwanz Sent: Friday, March 25, 2005 10:49 AM To: Kevin Carroll Subject: Truck Traffic Counts - Bruce Rydeen Kevin _ I spoke with Bruce Rydeen yesterday and he informed me that the plan for the company is for a 150 door terminal with trips per day totaling the following: 7:00am - 9:00 am = 40 trucks outbound 9:00 am - 5:30 pm = No activity until 5:30 5:30 pm - 7:00 pm = 40 trucks come back 9:00 pm - 11 :00 pm= 10 outbound 5:00 am - 6:00 am = 10 inbound Tina Schwanz Planning Associate City of Farmington 651-463-1821 3/3/2006 . . . Page 1 of 1 Kevin Carroll From: Hosmer Brown [hbrown2@mn.rr.com] Sent: Friday, March 24, 2006 12:59 PM To: Kevin Carroll Subject: Grand Hall Dear Mr. Carroll, It was a pleasure to see you last Tuesday and conclude the sale of 209 Oak St. The funds will help to complete the Grand Hall project. The remaining work to be done is as follows: 1. Sprinkler system install 2. Fire escape and exiting requirements 3. Electrical design and distribution 4 Grand Hall ceiling replacement and decorative renovation. It is my hope to have the contractors for each of these areas to be on board by the 3rd week in April. Work is to begin as soon thereafter as possible. Best Regards, Hosmer Brown 3/24/2006 . . . CONTRACT FOR PRIVATE SALE OF EXCHANGE BANK BUILDING PARTIES: HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON and 2004 REAL ESTATE COMPANY prepared by: Ernest J. Darflinger Attorney at Law 311 Oak Street Farmington, MN 55024 (651) 463-7151 Atty. I.D. #21155 TABLE OF CONTENTS ARTICLE I. ....... DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . section 1.1 Definitions . . . . section 1.2 Exhibits . . . section 1.3 Rules of Interpretation ARTICLE II . . . . . REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . section 2.1 Representations bY the DeveloDer . . . . section 2.2 Representations bY the lIRA . ARTICLE III . . . .. ..... PROJECT PROPERTY PURCHASE . . . . . . . . . . . . . . . . . . . . . . Section 3.1 Purchase by Developer . . . Section 3.2 Reconveyance Deed In Escrow ARTICLE IV. . . . . . . . . . . . . . . . . . . . . . . . . section 4.1 CDBG EmDloyment Requirements . . section 4.2 civil Riqhts.Act of 1964- . . . . section 4.3 section 109 of Housing & Community DeveloDment Act of 1974- . . . . . . . . . . . . section 4.4- Access to Records . . . . . . . section 4.5 Term of provisions . . . . . ARTICLE V . . . . . . . . . . . . . . . CONSTRUCTION OF IMPROVEMENTS . . . . . . . . . . . . . section 5.1 Construction Plans . . . . . . . section 5.2 Amendments . . . . . . . . . . . section 5.3 ComDletion of Construction . section 5.4- Binding Effect UDon Successors and Assigns . . . . . . . . . . section 5.5 Certificate of ComDletion . . . section 5.6 Notice and Time To CUre .i 2 2 . 2 3 3 3 3 3 5 5 5 5 6 7 7 8 . 8 8 8 9 9 9 9 9 10 11 11 . . . . ARTICLE VI ... . . . . INSURANCE . . . . . section 6.1 ARTICLE VII . . . . . . . section 7.1 . . . . . . . . . . . . . . . . . 12 12 12 13 13 ARTICI.E VIII ... . . . . . . . . . . . . . . . . . . 13 PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER . 13 section 8.1 section 8.2 ARTICLE IX . . . . . . . EVENTS OF DEFAULT . . . . . . . . . Insurance ....... Real Property Taxes Representation as to Redevelopment . . . . . . . .. 13 Prohibition Aqainst Transfer of Interest Binding Individually 13 . . . . . . . . . . . . . . . . . . . . . . . . Section 9.1 Events of Default Defined . . . section 9.2 Remedies on Default . . . . section 9.3 No Remedv Exclusive . . section 9.4 No Additional Waiver Imnlied by One Waiver . . . . . . . ARTICLE X . . . . . . . . . ADDITIONAL PROVISIONS section 10.1 section 10.2 section 10.3 section 10.4 signatures . . . . . . . . . . . . . . . . . . . . . . . . . Conflict of Interests: HRA Renresentatives Not Individually Liable . . . . Non-Discrimination . . . . . . Notices and Demand . . . . . . Counterparts . . . . . . . . . . . . . . . . . . . . . . . . Acknowledgements . hra\hosmr\index. . . . . . . . . ii 14 14 14 14 15 15 16 16 16 16 16 17 17 18 a Ii- THIS AGREEMENT, made and entered into as of this ~ day of j/,#1IC#11/.c-/ , 1998, by and between the HOUSING AND . REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON, MINNESOTA, a CONTRACT FOR PRIVATE sAr.F: Minnesota public body corporate and politic hereinafter "HRA" and 2004 REAL ESTATE COMPANY, a corporation organized under the laws of the State of Minnesota, hereinafter "DEVELOPER". WITNESSETH: WHEREAS, in order to achieve the objectives of the Downtown Redevelopment Plan and particularly to make land in the project Area available for redevelopment by private enterprise for and in accordance with the uses specified in the Redevelopment Plan, the HRA has determined to provide aid and assistance through the sale of Bonds or other financing arrangements to finance the public costs of redevelopment of the project Area; and . WHEREAS, the DEVELOPER has proposed a redevelopment within the project Area which the HRA believes will promote and carry out the objectives for which redevelopment in the Farmington Downtown Redevelopment District has been undertaken and will be in the vital best interests of the HRA, City of Farmington and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of the applicable state and local laws and requirements under which the Project is being undertaken and is being assisted. WHEREAS, the HRA has authorized and directed the officer~ of the HRA to take all actions necessary to implement and carry out the Redevelopment Program, subject only to such approval by the city Council as may be required by law. The Redevelopment Program and the Financing Plan propose that the HRA issue its bonds or expend . 1 . . .' available tax increment and grant funds to finance certain capital and administrative costs of the Redevelopment project as described therein (including the activities described in this Agreement) and reimburse amounts expended by others for such costs. NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties contained herein, each of them does hereby represent, covenant and agree with the other as follows: ARTICLE I. DEFINITIONS, EXHIBITS, RULES OF INTERPRETATION Section 1.1 Definitions. In this Agreement, the fOllowing terms have the following respective meanings unless the context hereof clearly requires otherwise: (a) Redevelopment Plan - collectively the Redevelopment Plan and all Amendments thereto for the HRA Downtown Redevelopment District. (b) (c) District - The Farmington Downtown Redevelopment District. Improvements - Each and all of the Improvements specified and provided in the Construction Plans as approved by the HRA as hereinafter provided. The term also includes the "Project" to be constructed. (d) Construction Plans - Collectively the plans, drawings, specifications, related documents and construction progress reports, together with any and all changes therein that may be made and required of DEVELOPER to be submitted to the HRA as hereinafter provided. (e) Project Property - The real property, herein termed Project Property or Property, all located within the Project Area and legally described as follows, to-wit: See Exhibit "A" attached hereto, made a part hereof,and incorporated by reference. (f) Project Area - The HRA Downtown Redevelopment Plan area as established December 18, 1974, and amended January 25, 1982, and April 21, 1997. (g) Term of Agreement - This Agreement shall terminate two (2) years from the date HRA shall issue the Certificate of Completion pursuant to Section 5.5 herein. 2 section 1.2 Exhibits The following Exhibits are attached to and by reference made a . part of this Agreement. A. Property Description B. Preliminary Plan Documents examined and approved by parties as of the date of signing C. certificate of completion D. Construction Plans examined and approved by parties as of the date of signing E. Reconveyance Escrow Agreement F. Escrow Agreement Warranty Deed G. Quit Claim deed from HRA to DEVELOPER H. Fire Escape Easement Implementation Agreement I. CDBG Compliance Material Section 1.3 Rules of Interoretation (a) This Agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota. (b) The words IIhereinll and IIhereofll and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. Reference herein to any particular section or subdivision . hereof is to the section or subdivision of this instrument as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. (c) ARTICLE II. REPRESENTATIONS section 2.1 Renresentations bv the DEVELOPER (a) The DEVELOPER has the authority to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action. (b) The DEVELOPER has the necessary equity capital and will obtain commitments for mortgage or other financing necessary for construction of the improvements. (c) The DEVELOPER will construct, operate and maintain the Improvements in accordance with the terms of this Agreement, the Redevelopment Plan and all local, state and federal laws and regulations. . 3 . . . (d) The Improvements constitute a permitted use under the Farmington Zoning and Ordinance Codes and are in conformity with the Farmington Downtown Project Area Plan and will be constructed by DEVELOPER at a documented actual construction cost of at least Three Hundred Thousand and No/100ths ($300,000.00) Dollars plus architect's fees to be paid by DEVELOPER. (e) At such time or times as may be required by law, the DEVELOPER will have complied with all local, state and federal environmental laws and regulations. The DEVELOPER has not received and the HRA is aware of no notice or communication from any local, state or federal official that the activities of the DEVELOPER may be or will be in violation of any environmental law or regulation. The DEVELOPER and the HRA are aware of no facts the existence of which would cause DEVELOPER to be in violation of any local,state or federal environment law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. (f) The DEVELOPER will obtain, in a timely manner, all required permits, licenses, and approvals, and will meet, in a timely manner, all requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed. with respect to permits, licenses' and subsequent approvals required to be given by the HRA, the HRA will not unreasonably delay consideration of or unreasonably withhold such issuance. (g) Any signing erected upon the Redevelopment Property shall satisfy the following criteria: (1) At the time of issuance of the certificate of Completion, only the signs depicted in the approved Construction Plans will be permitted. All other signs will be removed by the DEVELOPER prior to the issuance of the certificate of Completion. (2) Any signs thereafter erected upon the Redevelopment Property, whether in addition to or as a replacement of the signs contained in the Construction Plans will be an integral part of the Minimum Improvements in terms of design and quality. No billboard signs, of any nature or type, or wherever situated on the Redevelopment Property, are to be allowed to be erected or maintained without first obtaining prior written approval from the HRA. All signs thereafter erected or placed on the Redevelopment Property will be in accordance with local ordinances and shall be approved by the HRA. (3) The criteria contained in section 2.1 (g) (1) and (2) are intended to be minimum criteria, and the DEVELOPER represents that it will abide by any more restrictive requirements contained in applicable city Ordinances or state of Minnesota Statutes currently existing or hereinafter enacted. Nothing 4 contained in this section 2.1 (g) shall be deemed to limit or restrict the right of the DEVELOPER to challenge the application of any such restriction or criteria to it, nor shall any of the forfeiture provisions contained in this . Agreement apply to a violation of this section by the DEVELOPER. (h) The DEVELOPER agrees that it will indemnify, defend, and hold harmless the HRA, its governing body, officers, employees and agents, from any and all claims or causes of action, of whatsoever nature and including Mechanic's Lien claims, arising or purportedly arising out of the actions of the DEVELOPER, its officers, employees, agents or contractors in connection with Developer's activities in respect to the Project Property, this Agreement or the Public Redevelopment Activities. (i) All warranties and representations of the DEVELOPER contained herein shall be true and accurate on the date hereof and all such representations and warranties shall survive the performance of any action contemplated herein for the term of this Agreement. Section 2.2 Representations bv the BRA The HRA makes the following representations as the basis for the undertaking on its part herein contained: (a) (b) The HRA is authorized by law to enter into this Agreement and . to carry out its obligations hereunder. The HRA has received no notice or communications from any local, state or federal official that the activities of the HRA with respect to the Project Property may be or will be in violation of any environmental law or regulation. The HRA is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure. ARTICLE III. project property Purchase Section 3.1 Purchase by DEVELOPER Subject to all the terms, covenants and conditions of this agreement, the DEVELOPER hereby agrees, on or before the date of Closing which shall be on or before December 31st. 1998. to purchase the real estate known as the Project Property from the HRA for the sum of One and No/lOOths ($1.00) Dollars and other good and valuable consideration. Said Project property legally described as follows, to-wit: . 5 See Exhibit "A" attached hereto, made a part hereof, and incorporated by reference. . The HRA shall deliver a Quit Claim Deed conveying marketable title to the Project Property. The parties acknowledge that the Project Property retains an egress easement over a portion of the property to the north of the Project Property and for the benefit of the Project Property; that said easement requires an agreement by both property owners for implementation and installation of said fire escape; and that Developer takes the property pursuant to and together with such easement and Implementation Agreement; said Implementation Agreement being marked "Exhibit Hit. section 3.2 Reconveyance Deed in Escrow. Developer shall, on the date of closing, execute a special Warranty Deed by which Developer reconveys said project Property to the HRA. DEVELOPER shall deliver said Deed into escrow pursuant to the terms of . the Warranty Deed Escrow Agreement attached hereto as Exhibit "F". Said Deed held in escrow to be delivered to Developer upon the issuance by HRA of the certificate of Completion to be issued in respect to the Project or to be delivered to the HRA in the event of DEVELOPER'S failure to begin and complete construction of the improvements under the terms of this Agreement and failure of Developer to cure such default or defaults within the time allowed. It being specifically agreed that such reconveyance is not and shall not be interpreted as a security agreement, lien, or equitable - mortgage but is and shall remain a right of absolute reversion so long as said warranty Deed Escrow shall exist. said Escrow Deed shall provide that it will be subject to the prior lien of any funds . 6 committed for construction prior to date of delivery of the Escrow Deed. ARTICLE IV. . section 4.1 CDBG Emoloyment Reauirements. The parties acknowledge that a substantial portion of the monies used in the purchase of and redevelopment and renovation of the exterior of the project Property have been community Development Block Grant Funds. Therefore, Developer agrees to co-operate with HRA and Dakota County HRA in fulfilling CDBG Grant requirements in respect to employment of low and moderate income persons. Both parties agree to use their best efforts to satisfy such CDBG Grant requirements. Such CDBG Grant criteria and requirements and applicable amendments thereto are hereby incorporated by reference. In the event such requirements cannot be complied with, it shall be the sole responsibility of HRA for repayment of any and all amounts to be due as and for such . repayment. The Developer agrees for the term of this Agreement to deliver to ~aCh -- c.\:- iI>/. ?1JJ tenant renting a space in the developed property copies of the~ -~--/ pages of Exhibit "In for the purpose of securing compliance with ~ qtL community Development Block Grant Funds. The delivery of said Exhibit "I" shall be concurrently with the execution of the Lease between the Developer and each tenant. All Leases between Developer and each tenant shall for the term of this Agreement contain the following Lessee agrees that lessee will deliver to each of $.~ lesl?~e' s employees at the time of hiring copies - of page -BNp..l -.: and~of said Exhibit "In, attached to said Lease, a1:'d if);n. Q/L submission of said pages by the lessee's employees d1re~~r- to: Dakota County HRA, 2496 145th street West, <Elf Rosemount, Minnesota 55069, ATT.N: Community Development Department shall be a condition of employment between the lessee and his employee. . provisio~:tJ. ~lLP- !/~~~ 7 . . . section 4.2 civil Riqhts Act of 1964. Under Title VI of the civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. section 4.3 Section 109 Of Housing & Community Development Act Of 1974 No person in the united states shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the community Development Block Grant Program or Programs. section 4.4 Access to Records. The Authority, Federal Department of Housing and Urban Development, and the Comptroller General of the U.s. or any of their duly authorized representatives shall have access to any books, documents, papers, and records of Developer which are directly pertinent to this specific Article of the contract for the purpose of making audit examination, excerpts, and transcriptions. Developer will maintain all required records for a minimum of three (3) years after all pending matters are closed. Section 4.5 Term of Provisions. The terms of this Article IV shall be enforceable solely by injunctive or other equitable relief. In the event Developer or its t~nants shall breach this covenant and a Court of competent jurisdiction shall Order such equitable relief all costs, including reasonable attorney fees, shall be born by the party breaching this covenant. 8 ARTICLE v. Construction of Improvements section 5.1 Construction Plans . The DEVELOPER agrees that it will construct the Improvements on the Project Property in accordance with the approved construction plans attached hereto, that such Project Property, upon completion of all improvements in accordance with the approved construction plans and amendments thereto, shall have Developer's cost of at least Three Hundred Thousand and No/looths ($300,000.00) Dollars plus architect's fees, and that DEVELOPER its successors and assigns will at all times, during the term of this Agreement, operate, maintain, preserve and keep the improvements in good repair and condition. section 5.2 Amendments Amendments of a substantial nature to the initially approved construction plans attached hereto shall first be submitted to the HRA for approval and the HRA shall have forty-five (45) days from the date. of submission of each proposed amendment, to either approve or reject said amendment. All proposed amendments shall be deemed approved unless, in writing, rejected by HRA within said forty-five (45) day period. Developer further covenants that the Construction plans and all amendments thereto shall be in conformity with the Redevelopment Plan, this Agreement and all local, state and federal regulations. Section 5.3 Completion of Construction. Construction shall be in two phases. The first phase shall be construction of necessary shoring of foundation of the Exchange Bank Building, front and rear walls of the Larson Building, and completion of the first floors in both buildings and construction of the elevator and fire escape. The second phase shall be the completion of the . 9 . . . second floors of both buildings. DEVELOPER shall begin construction within four (4) months of obtaining title to the Project Property from HRA and, subject to unavoidable delays, the DEVELOPER shall substantially complete the first phase of construction not later than ten (10) months after this Agreement is signed, and not later than fifteen months after this Agreement is signed for the second phase. All construction shall be in conformity with the approved Construction Plans. For the purpose of this section 5.3, unavoidable delays mean delays which are the direct re~ult of strikes, litigations of third parties, fire, war, material shortage, causes beyond the DEVELOPER'S control or other casualty to the improvements, or the act of any federal, state or local government unit except those acts of the HRA authorized or contemplated by this Agreement. During construction, the DEVELOPER shall make reports in such detail and at such times as may reasonably be requested by the HRA concerning the actual progress of construction. section 5.4 Bindinq Effect Upon Successors and Assians. The DEVELOPER agrees for itself, its successors and assigns, and every successor in interest to the Project Property, or any part thereof, that project Property deeds shall contain covenants on the part of the DEVELOPER for itself and such successors and assigns, that the DEVELOPER and such successors and assigns shall promptly begin and diligently prosecute to completion the redevelopment of the Property and that all terms, conditions and covenants as contained in this Contract for Private Sale shall run with the land and bind all successors and assigns for the full term of the Agreement. 10 section 5.5 Certificate of Completion. promptly after notification by the DEVELOPER of completion of the Improvements, the HRA shall inspect the construction to determine whether such Improvements are completed in accordance with the terms of this Agreement relating solely to the obligations of the DEVELOPER to construct the improvements (including the dates for the completion thereof). When all construction and improvements are substantially completed to the satisfaction of the HRA, it will furnish the DEVELOPER with a certificate of completion as described in Exhibit liD". Such certification by the HRA given at the completion of construction shall not be unreasonably withheld and shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the DEVELOPER to construct the Improvements and the dates for the completion thereof. If the HRA shall refuse or fail to provide a certification in accordance with the provisions of this section the HRA shall, within 30 days after written request by the DEVELOPER, provide the DEVELOPER with a written statement, indicating in adequate detail, in what respects the DEVELOPER has failed to complete the Improvements in accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the option of the HRA, for the DEVELOPER to take or perform in order to obtain such certification. section 5.6 Notice and Time To CUre. Unless a longer time to cure is specifically stated herein, in the event DEVELOPER fails to complete construction of the Improvements as provided in section 5.3 of this Agreement or either party fails to 11 . . . . . . comply with any other term, covenant or condition by it to be performed during the term of this Agreement, the other party may give written notice of such failure to comply and the party in breach shall have thirty (30) days after receipt of Notice, to cure such default or defaults. Receipt of Notice as used herein is the mailing date if Notice is sent by registered or certified mail, return receipt requested or if by personal service, the date of delivery to an officer or director of DEVELOPER corporation, its successors or assigns, in respect to DEVELOPER, and the HRA Executive Director, in respect to HRA. ARTICLE VI. INSURANCE section 6.1 Insurance. DEVELOPER shall, during the term of this Agreement, have and keep the premises insured by an all-risk policy for the full replacement value of the premises except as qualified hereafter. It is further agreed that, in the event of damage, destruction, or loss to the improvements on the Project Property, the DEVELOPER will repair or reconstruct said improvements as originally constructed pursuant to the approved construction plans and any approved amendments thereto. It is understood and agreed that the Project Property is an historic building and that, in the event of destruction of or extensive damage to the exterior or structural components it may not or will not be financially possible to repair the same. Therefore, in the event of destruction of or extensive damage to the exterior or structural components during the term of this Agreement such that it is not economically feasible to reconstruct the same the Developer shall reconstruct the exterior or replace the building as to size and square 12 footage to architecturally conform to the adjacent buildings to the north of the subject building with such design to be mutually agreed to by Developer, its heirs or assigns and HRA, its successors or . assigns. ARTICLE VII. Section 7.1 Real property Taxes DEVELOPER, its heirs, successors, executors, and assigns, agree to pay, before penalty attaches thereto, all real estate property taxes and other taxes or assessments due in respect to said project Property as the same become due and payable. ARTICLE VIII. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER section 8.1 Renresentation as to Redevelonment The DEVELOPER represents and agrees that its undertakings in respect to this Agreement are for the purposes of creating a viable commercial. facility on the Project property and not for speculation in land holdings. Further the DEVELOPER recognizes that the HRA is entering this Agreement, willing to rely on the covenants and promises of DEVELOPER based on the identity and qualifications of DEVELOPER including its officers, directors, and shareholders, if any. section 8.2 Prohibition Aqainst Transfer of Interest Bindinq Individuallv For the foregoing reasons, the DEVELOPER represents and agrees that - until the HRA shall issue its certificate of Completion there shall be no voluntary transfer of any interest of DEVELOPER in the Project Property without consent of HRA. . 13 ARTICLE IX. EVENTS OF DEFAULT . section 9.1 Events of Default Defined The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events: (a) Failure by the DEVELOPER to purchase the subject project Property as required under Article III of this Agreement. (b) In the event of destruction, damage, or loss, failure by the DEVELOPER to begin reconstruction of the Improvements as originally constructed pursuant to the approved construction plans and any amendments thereto and the exterior pursuant to Article VI within ninety (90) days of the date of such destruction, damage, or loss. (c) Failure by the DEVELOPER to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, and failure to cure after written notice to the DEVELOPER as provided in this Agreement. . (d) If the DEVELOPER shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Project Property. (e) If the DEVELOPER shall file a petition or answer seeking reorganization or under the federal bankruptcy laws. (f) If the DEVELOPER, on a petition in bankruptcy filed against it, be adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing, without the consent of the DEVELOPER, a receiver of the DEVELOPER or of the whole or substantially all of its property, or approve a petition filed against the DEVELOPER seeking reorganization of the DEVELOPER under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within One Hundred Eighty (180) days from the date of entry thereof. section 9.2 Remedies on Default Whenever any Event of Default referred to in section 9.1 of this . Agreement occurs, the HRA may in addition to any other remedies or 14 rights given the HRA under this Agreement take anyone or more of the following actions: (a) Suspend its performance under the Agreement until it receives assurances from the DEVELOPER, deemed adequate by the HRA, that the DEVELOPER will cure its default and continue its performance under the Agreement. . (b) Cancel and rescind the Agreement. (c) Take whatever action at law or in equity may appear necessary or desirable to the HRA to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the DEVELOPER under this Agreement. Section 9.3 No Remedy Exclusive No remedy herein conferred upon or reserved to the HRA or DEVELOPER is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default . shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the HRA or the DEVELOPER to exercise any remedy reserved to it, it shall not be necessary to give notice except as herein stated, but with a minimum thirty (30) day written Notice. Section 9.4 No Additional Waiver Implied by One Waiver In the event any agreement contained in this Agreement should be - breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. . 15 ARTICLE x. Additional provisions . section 10.1 Conflict of Interests: BRA Representatives Not Individuallv Liable No member, official, or employee of the HRA shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. No member, official, or employee of the HRA shall be personally liable to the DEVELOPER, or any successor in interest, in the event of any default or breach by the HRA or for any amount which may become due to the DEVELOPER or successor on any obligations under the terms of the Agreement. Section 10.2 Non-Discrimination . The provisions of Minnesota statutes, section 181.59, which relate to civil rights and non-discrimination, shall be considered a part of this Agreement as though fully set forth herein. section 10.3 Notices and Demand Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally: (a) as to the HRA: Housing and Redevelopment Authority of the city of Farmington, Minnesota c/o City Hall 325 Oak street Farmington, MN 55024 . 16 (b) as to the DEVELOPER: 2004 Real Estate Company c/o H. A. Brown 3801 West 50th street Minneapolis MN 55410 . or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section. section 10.4 Counte~arts This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the HRA has caused this Agreement to be duly executed in its name and on its behalf and the DEVELOPER has caused this Agreement to be duly executed in his name and behalf as of the day and year first written above. HOUSING AND REDEVELOPMENT AUTHORITY . OF THE Y OF ~ IN o" MINNESOTA By Its L. Olson and By./Ju-,LQ J;J-O~ Its Chairperson-Gerald G. Ristow Dated: c~ Dated:~ ? -It:feif Dated: Jf - '7 - C;:g- 200~ ESTA~ ~ BY : . 'Vt1 (/. I.!J..-- Its President - Hosmer A. Brown ;// C ~ ~J~ BY: k.....: ,Iz.,-,_ . ~~...._. P- Its U - /:) L~'.::;;1 ..' Da ted : 10/11'- 1 I i 7,? , . 17 . . . STATE OF MINNESOTA ) ss. ) ) COUNTY OF DAKOTA The foregoing was acknowledged before me this 'j? day of OQT'r;)~1'-- , 19 q i , by David L. Olson and Gerald G. Ristow, the Executive Director and Chairperson respectively, of the Housing and Redevelopment Authority of the city of Farmington, Minnesota, a Minnesota public body corporate and politic, under the laws of the state of Minnesota and on behalf of the Housing and Redevelopment Authority of the City of Farmington, Minnesota, a Minnesota public body corporate and politic. STATE OF MINNESOTA ) ss. ) ) ; '" ,,.:;~ w.~Et$f J. OARFLlNGER ( \:\.;;. M~ ~~~! POBLIO-MINNESOTA ~...~:li' . . ""fSiION EXPIRES 1.31-00 w.n #,.";'.:~ . COUNTY OF DAKOTA , day of The foregoing was acknowledged before me this /'>G1,,,,, ~ I/-JI"IU- jJ & B~IY "'Il.:., the President and "/CA .'....SI,l.-f-respective1y , 19 9 r , by Hosmer A. Brown and of 2004 Real Estate Company, a Minnesota corporation, on behalf of the corporation. Notarial Stamp . "'_~..'''''~..f ....~~....:..,,~.~.,..-......: This Instrument was drafted by: Ernest J. Darf1inger - ATTY ID 21155 Attorney at Law 311 Oak street Farmington, MN 55024 (651) 463-7151 d.hra.hosmr.dev-agr.3 18 EXHIBIT "A" The following described lot, piece or parcel of land situate, lying and being in the County of Dakota and state of Minnesota to-wit: That part of Lots Four (4) and Five (5) in Block Twenty two (22) Of. the Town of Farmington more particularly described as: commencing a . the Southeast corner of Lot Five (5) in Block Twenty two (22); thenc West along the south line of said Block, 100 feet to a point; thence running North parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with the south line of said Block, 20 feet; thence South and parallel with the East line of said Block to a point 44.4 feet north of the South line of Lot Four (4); thence East 80 feet to the East line of said Block Twenty two (22) to a point 44 feet north of the Southeast corner of Lot Five (5); thence south along the East line of said Block, 44 feet to point of beginning according to the plat thereof now on file and of record in the office of the county Recorder within and for said County and State. Hereinafter known as the "benefited property". Together with a fire escape egress easement over the South 10 feet of the following described property to-wit; That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: Commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22); thence West along the south line of said Block, 100 feet to a point; thence running North parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with the south line of said Block, 20 feet; thence South and parallel with the East line of said Block, one foot to a point; thence East and parallel to the south line of said Block, 80 feet to the East line of said Block Twenty two (22), thence south along the East line of said Block, 69 feet to point of beginning, all being in the Town of Farmington EXCEPTING . THEREFROM: That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22); thence West along the south line of said Block, 100 feet to a point; thence running North parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with the south line of said Block, 20 feet; thence South and parallel with the East line of said Block to a point 44.4 feet north of the South line of Lot Four (4); thence East 80 feet to the East line of said Block Twenty two (22) to a point 44 feet north of the Southeast corner of Lot Five (5); thence south along the East line of said Block, 44 feet to point of beginning. Hereinafter known as the "benefited property" . Said fire escape easement being more particularly described as creating egress from the second story Northeast exit of the benefited property onto the roof of the above described burdened property and from the roof of the above described burdened property to the ground level, via the West wall, of the building constructed on the burdened property. All costs and expenses of design installation, maintaining, and repair of said fire escape system to be the sole cost, expense and obligation of the benefited property with the design, location, manner of installation, and construction of said fire escape system to be approved by.the burdened property prior to construction thereof which approval shall not be unreasonably withheld. . d.hra.hosmr.exhibit.a . ~. .-. ~ U2 "' ~ o o ~ .'1:1 ;p.r, ~= . o Q ~ rn t-t- ~ ~ t-t- " ~ '=' . Exhibit B ~ III 'I !n! II 'I t I I ~ ~I~ ;( ;,t I I ~l. .~ I A ~[i . "Y Q.I =JI [IJ ~~ :II .... ~Ul Z M- ~O O~ Z .... IXI ...., ~('9 ~O m~ (JJ 0= ~~ ~ ~ '" II =. .. i- t -h-i:i - - ..-i.i._.~_-UU~- :: ;; to ...... !! i' 151 t.' _ ~ ~ '" 5- ii $: --_.-------,,- .. , ,,.. : I ~- , , ,.,-- i:\ /: : :: \: I I .:,\ :: I ~l,' \: : ' If'l' \. I I . It. \I' I II :~"--~ l 4-- L~::-f: --::-J.-uI~~:--- . .. 1 :=I b U~~ !; :. lD r-, !: '" !! .. i"-", II 1-'-'"'-11 " .:i :: ~i; ..!: ... ~ ...~ I ~, I , {: F:...-----------~~.!"~ iJl .. .. :=I " .. ::::.1~ "-i:: I~I ----~leG ;"118 ~: ij '., .-.-.-:o::.!l f! f El :=li '" Ii ii .~ 4}-. . . . . .. .." ."... T .~. "." .... . .$- Third Street ~ J\.) ProjeCl> Is el Til~' ..... ..... I pro~~;~ :=~.::.. ! ."...;. ..,q. "DI"" , ':ti~~ ':':1('::':':":":"~. . ..:.~:""',:.~ ..::.:I\~l.~:'..~r. I ,----- --..-.- -..-.-... ---- .-.---- ---..--- _ocn' .~..,' The Exchange Bank HISTOllIC CORNERS rllOJECr Fennlngton Mln........ uw.a....." _...... .~. wUP n II r II Olf~. 114 IJ~t ... I'@: Q. I~ ; I sf ~ II ! ~. r'~ r ~ t-I IJ.' o II . O' ... ~ :g f) ::l C" ~~~ o ~ .. <1l 0, I R to . ~ ~ 1 fI.) Cil "'" ~ ~ "'" M . ; I ~; = .. ! N .. ;f . ? Exhibit B , , $: z...... Ci>O a~ z ...... lagl ~ 3:~ ~'O m~ ~= ~tQ ~ . ~ W Project- $: ii:J / , Ill; lil; , lil! "' - ~ '. -r:-::::'::':1.1-- :: i:'--:':'-"::: ':::':::,-_:':::::: ::.:-_:-::_-_::- !' Ii "~~ : I I . I I . , , , , , i, J~ i~ ~ I, In I a , iI C : \1:1 1m:... I a I 1<) A ~ ~ I P II: .- I ! ! : 10 ~. l, :.! I ... , II I ~ . 1 ..()n "0 I A' \iiJ1 0,' , 4:> -',' J ~ ,,0 ""', Q' ,- .:,'- -..' III $ ./ Cil ., 'nil'll s"'" Bow..", ~ Third Street The Exchange Bank HISTORIC CORNERS PROJECT . F.rmlnglon Mln......t. ISheer litle' See"'" n..r Mecu.ltte .-. IPro,..,l Nn' 9801 ~ 0.... II.'''' I ~~~, I ,""D .....,." -"~.(~;:.....".,,, . Del.. ~.~.lll~~~.'" r "'.~' f '~ . u:~:.... I.~.~. .~.~' ::~~:.:." :':._ .......QltlR..Yl ....... "'I ,....... ...._._t_ . . . CERTIFICATE OF COMPLETION WHEREAS, the Housing and Redevelopment Authority of the city of Farmington, Minnesota (hereinafter HRA), a Minnesota municipal corporation, did on the day of , 1998, enter into a Contract For Private Sale, with 2004 Real Estate company, a Minnesota corporation, (hereinafter Developer), for development of certain lands in the city of Farmington with said lands being legally described as follows, to-wit: See EXHIBIT "A" ATTACHED HERETO. WHEREAS, pursuant to said contract For Private Sale Developer, covenanted and agreed to construct certain improvements on said real property; said improvements being stated and addressed in said Contract For Private Sale; and WHEREAS, upon completion of said improvements as required by said Contract For Private Sale the HRA agreed to issue a Certificate of completion certifying that Developer has completed construction of said improvements in accordance with the agreed upon plans and improvements to the subject real property, thereby terminating Developer's obligation in respect to those portions of the Contract For Private Sale pertaining to construction and development of said real property; and WHEREAS, said construction and development by Developer has been completed pursuant to the plans, specifications, terms and conditions as stated in the Contract For Private Sale. NOW THEREFORE, the HRA hereby states, acknowledges, confirms and certifies as follows: 1. That Developer has constructed upon the above described real property the improvements as agreed to in the Contract For Private 1 t.1~ sale between the parties dated the____ day of , 19 . 2. That the completion of said construction and improvements is hereby certified to by the HRA. 3. That those parts and portions of the Contract For Private Sale between the parties hereto pertaining to said construction of said improvements are hereby stated, acknowledged, and confirmed to be satisfied and completed. 4. That the issuance of this certificate of Completion by the HRA does not effect, modify, or terminate the additional and continuing duties, covenants, and obligations of Developer it's successors and assigns, as stated in the contract for Private Sale executed between the HRA and Developer on the ____ day of 19_ HOUSING AND REDEVELOPMENT AUTHORITY . OF THE CITY OF FARMINGTON, MINNESOTA BY Executive Director-David L. Olson BY Chairperson - Gerald G. Ristow . 2 . . . STATE OF MINNESOTA ) ) SSe COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 19____, by David L. olson and Gerald G. Ristow, the Executive Director and Chairperson respectively of the Housing and Redevelopment Authority of the city of Farmington, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. (Signature of Person Taking Acknowledgement) Notary Seal or stamp: THIS INSTRUMENT WAS DRAFTED BY: Ernest J. Darflinger Attorney at Law 315 Fourth Street Farmington, MN 55024 (612) 463-7151 - Atty. 1.0. #21155 hra\hosmr\crt-comp.le2 3 EXHIBIT "A" The fOllowing described lot, piece or parcel of land situate, lying ant being in the County of Dakota and state of Minnesota to-wit: That part of Lots Four (4) and Five (5) in Block Twenty two .01 the Town of Farmington more particularly described as: Comme f the Southeast corner of Lot Five (5) in Block Twenty two (22), er West along the south line of said Block, 100 feet to a point~ thene running North parallel with the East line of said Block, 70 feet tc point~ thence running East and parallel with the south line of saie Block, 20 feet~ thence South and parallel with the East line of saj Block to a point 44.4 feet north of the' South line of Lot Four (4); thence East 80 feet to the East line of said Block Twenty two (22) a point 44 feet north of the Southeast corner of Lot Five (5)~ ther south along the East line of said Block, 44 feet to point of beginning according to the plat thereof now on file and of record in the office c the County Recorder within and for said County and State. Hereinafter known as the "benefited property". Together with a fire escape egress easement over the South 10 feet of t following described property to-wit~ That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: Commencing a the Southeast corner of Lot Five (5) in Block Twenty two (22)~ then West along the south line of said Block, 100 feet to a point~ thenc running North parallel with the East line of said Block, 70 feet to point~ thence running East and parallel with the south line of said BloCk, 20 feet; thence South and parallel with the East line of sai Block, one foot to a point: thence East and parallel to the south line of said Block, 80 feet to the East line of said Block Twenty t. (22), thence south along the East line of said Block, 69 feet to point of beginning, all being in the Town of Farmington THEREFROM: That part of Lots Four (4) and Five (5) in Block y two (22) of the Town of Farmington more particularly described : commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22); thence West along the south line of said Block, 100 feet 1 a point~ thence running North parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with thl south line of said Block, 20 feet; thence South and parallel with tl East line of said Block to a point 44.4 feet north of the South linl of Lot Four (4)~ thence East 80 feet to the East line of said Block Twenty two (22) to a point 44 feet north of the Southeast corner of Lot Five (5): thence south along the East line of said Block, 44 fee to point of beginning. Hereinafter known as the "benefited property" . Said fire escape easement being more particularly described as creating egress from the second story Northeast exit of the benefited property onto the roof of the above described burdened property and from the roo1 of the above described burdened property to the ground level, via the West wall, of the building constructed on the burdened property. All costs and expenses of design installation, maint~ining, and repair c said fire escape system to be the sole cost, expense and obligation of the benefited property with the design, location, manner of installation and construction of said fire escape system to be approved by the burdened property prior to construction thereof Which approval shall not be unreasonably withheld. . d.hra.hosmr.exhlbit.a . . . Limited WARRANTY DEED ESCROW AGREEMENT of THIS ESCROW AGREEMENT, made and entered into this , 19____, by and between THE HOUSING AND day REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON, MINNESOTA, a Minnesota public body corporate and pOlitic, and hereinafter referred to as "HRA" and 2004 REAL ESTATE COMPANY, a Minnesota corporation, hereinafter. referred to as "Developer". WHEREAS, the HRA has sold to Developer the property legally described as follows, to-wit: See Exhibit "An Attached Hereto. WHEREAS, the Developer has entered into a contract For Private Sale with the HRA, a copy of such contract being hereto attached, incorporated by reference, made a part hereof, and marked Exhibit "B", for the development of the property above described pursuant to terms, conditions, and covenants contained in said contract for Private Sale (hereinafter called Development Agreement): and WHEREAS, pursuant to said Development Agreement, Developer has agreed to deliver into escrow a deed to the above described property; and WHEREAS, this Escrow Agreement as part of said Development Agreement is being executed pursuant to the terms and conditions as hereinafter described. NOW, THEREFORE, it is mutually agreed as follows: 1. Parties hereto nominate, constitute, and appoint Dakota county Abstract Company, 1250 Highway 55, PO Box 456, Hastings, Minnesota 55033, as Escrow Agent. 2. That said escrow agent hereby acknowledges receipt of the Limited Warranty Deed from Developer, as grantor, to the HOUSING AND 1 ~ ft.vrY REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON, MINNESOTA, as grantee, and agrees to transfer and deliver said deed pursuant to the terms of this Escrow Agreement as hereinafter stated. '. 3. That upon written notice by the HRA to escrow agent of the following; a. That Developer is in default pursuant to the terms of the Development Agreement. b. That Developer has been properly notified by the HRA of said default. c. That Developer has failed to cure said default within the time allowed pursuant to the terms of said Development Agreement. Escrow agent is empowered, authorized, directed, and ordered to deliver said Limited Warranty Deed to the HRA. 4. That upon notification by the HRA to escrow agent that Developer has fulfilled all covenants, obligations, terms, and conditions pursuant to the Development Agreement for delivery of the certificate of Completion, the escrow agent is empowered, authorized, directed and ordered to deliver said Limited Warranty Deed to Developer. . HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON, MINNESOTA 2004 REAL.ESTATE COMPANY bya4{)~ CHAIRPERSON andbY~~- EXECUTIVE DIRECTOR by Its President - and by Its hra\hosmr\escrow.3 2 . .. ,.- Cn'P"fllian 01 f'IMcnhir '0 C""lJ'Oration Ofi'aMenhir No delinquent \lI~es and lransfer enlered; Certificate of Real Estate Value ( ) filed ( ) oot required Certificate of Real Esulle Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Dale: ,19_ (reserved for recordinll dill) FOR VALUABLE CONSIDERATION. 2004 R~al E.qI"Ah~ l"ntnp"..,y . a co,::pclI:'aHnn the State of Minnesota . Granlor, hereby cooveys andq..litcl.ainB to "Nl~TNI': AUTHORITY OF TAR ~TTV OF FARMTNmniI, MTNNF.~A IIIl1nidp"l l"nr"f'/"r..Hnn under the laws or the State of. Minnesota DAKOTA Counly. Minnesota, described as follows: under lhe laws of nm RF.nF.VF.r .t'IPMI'N'I' . Grantee. a , real property in SEE EXHIBIT "AP ATTACHED HERE'ro AND MADE A PART REROOF. l'he Seller certifies that the Seller does not know of any wells on the described re.al property. . (If...- 'P- ........ __ ..1Mckl together with all hereditaments and appurtenances belonging lherelO. ~tr:r a:mn:rts an:'! l:~bSlats ttat: (1) This Deed conveys after-acquired ti tIe; and 4iGrantor has not made, done, executed or suffered any act or thing whereby the above- described property or any part thereof, now or at any time hereafter, shall or may be imperiled, charged or inCUJrbered in any manner, and Grantor will warrant the title to the abov~escribed prOPf"rty Against all persons Claiming the sallie from or thro~~rantor as a result of ~y ~!J..1hlt~fa~'tmlp'.gCEPT: 2004 Real F..state C~ny By lis }a. By STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing inslIUmenl was acknowledged before me this by Ed the and of 2004 Real FAt:ate l".nnp>'lny under the laws or the State of Minnesota lIS day of .19_. . a r.nrpnr...t- i nn . on bcblllf or the corporation '~/)I"'IIA1.sr^~II' tlR SEAl. I01l. U\1l1\1l '1111.1"'1t ItANK) SIGNA.11JIUi OF PERSON T AKJN() ACKNOWLBOOMIiNT Tu 5_"'0"" ror!he n:aI l""f'O'lJ dest:ribed in "II, inlt_ shauId be IelIl to (Include l\IIIIe ond addretl or Onnlee): ....Il: I\:S JRI'\II,"". \VA ~ I>RAFlI'D BY (NAMR ANI) h1)\IItFSS): Ecnest J. Darflinger Attorney at Law 311 Oak Stceet Farmingtonl MN 55024 (651) 463-7151 Atty. I.D. 21155 . EXIIIBIT "An The following described lot, piece or parcel of land situate, lying and being in the County of Dakota and state of Minnesota to-wit: That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22); thence West along the south line of said Block, 100 feet to a point; thence running North parallel with the East line of said BLock, 70 feet to a point; thence running East and parallel with the south line of said BLock, 20 feet; thence South and parallel with the East line of said Block to a point 44.4 feet north of the'South line of Lot Four (4); thence East 80 feet to the East line of said Block Twenty two (22) to a point 44 feet north of the Southeast corner of Lot Five (5); thence south along the East line of said BLOCk, 44 feet to point of beginning according to the plat thereof now on file and of record in the office of the County Recorder within and for said County and state. Hereinafter known as the "benefited property". . Together with a fire escape egress easement over the South 10 feet of the fallowing described property to-wit; That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: Commencing at the Southeast corner of Lot Five (5) in BLock Twenty two (22); thence West along the south line of said Block, 100 feet to a point; thence running North parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with the south line of said BLock, 20 feet; thence South and parallel with the East line of said Block, one foot to a point; thence East and parallel to the south line of said Block, 80 feet to the East line of said Block Twenty two (22), thence south along the East line of said BLock, 69 feet to point of beginning, all being in the Town of Farmington EXCEPTING THEREFROM: That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: Commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22); thence West along the south line of said Block, 100 feet to a point; thence running North parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with the south line of said Block, 20 feet, thence South and parallel with the East line of said Block to a point 44.4 feet north of the South line of Lot Four (4); thence East 80 feet to the East line of said Block Twenty two (22) to a point 44 feet north of the Southeast corner of Lot Five (5); thence south along the East line of said Block, 44 feet to point of beginning. Hereinafter known as the "benefited property" . Said fire escape easement being more particularly described as creating egress from the second story Northeast exit of the benefited property onto the roof of the above described burdened property and from the roof of the above described burdened property to the ground level, via the West wall, of the building constructed on the burdened property. . All costs and expenses of design installation, maintaining, and repair of said fire escape system to be the sole cost, expense and obligation of the benefited property with the design, location, manner of installation, and construction of said fire escape system to be approved by' the burdened property prior to construction thereof which approval shall not be unreasonably withheld. . d.hra.hosmr.exhlblt.a ,t,/,IFt:.rrn No. 9-M - W~NTY DEED Minnesora Unilorm COl"1veyancing Blanu t 111 1f:S' N'tIN"'~""'."'. ......... ............-...-.- Carpoc..tim at "'lnnenhir 10 CorportUan 01 t ..nncnhir , '- , No delinquent llIxes and lfansfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: ,19_ (resetVcd Cor recording dala) FOR VALUABLE CONSIDERA nON, '004 Rp.n 1 F.At-<'lte ('nnp."ny ,a ~orpnrntinn the State of Mi nneAol:a . Grantor, hereby conveys andq..rl.tclains In WlJ:l~ThIr. ANn ATl'l'HORTTY OF THF. r'TTY OF FARMThIr.'mN. MTmw..~A mnnidp"" ,.nrp"'r",t-inn under!helawsoC the Stl'll:e of Minnp..c<nt-... DAKOTA County, Minnesota, described as follows: under !he laws of RF.F"l~ .f'\PNlF.1\1T . Grantee, a , real property in SEE EXHIBIT nAil ATrACHED HERE'ro AND MADE A PART REROOF. l'he Seller certifies that the Seller does not know of any wells on the described r~a1 property. (II m_ ",a.. ill """"cd. _PO m back) together with all hereditaments and appunenances belonging !hereto, Q:a1b::r <DVal3I1tB a:rl ~ that: j> This Deed conveys after-acquired title: and Grantor has not made, done, executed or suffered any act or thing whereby the above- described property or any part thereof, now or at any time hereafter, shall or may be inperiled, charged or incumbered in any manner, and Grantor will warrant the title to the abov~escribed pro~rty against all persons claiming the same from or throl,l9h Grantor as a resul t of ~y ~~,;~fa~~p'~CEP'1': 2004 Real ERrata r.n~ny By Its By Its ST ATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was aclcnowledged before me this by and the and of 2004 Real Estl'll:e C~l1Y under the laws of the state of Minnesota }u. day of ,19_. . a rnrporl'lt- i nn . on behalf of !he corporation '>OIAIHAI. sr,,~\rOR SEM.(OROTlmR 'rrn.J:Ol{ RANK) SIGNATURE OF PERSON T "'KING ACKNOWLEDGMENT TIX $10_' lor Ibe RoI property dtscribcd in Ibi, illluument .baIId be ,enllO (Include nome and addmu of Grantee): 1II1S I""STRI~\lENT WAS DR"I"IH) BY (NAME AND Am>Rr,sS): Ernest J. Darflinger Attorney at Law 311 Oak Street Farmington, MN 55024 (651) 463-7151 Atty. 1.0. 21155 . !. 'I- f EXHIBIT "A" T~e fullowin~ described lot, piece or parcel of land situate, lying and being in the County of Dakota and state of Minnesota to-wit: That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: Commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22); thence West along the south line of said Block, 100 feet to a point; thence running North parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with the south line of said Block, 20 feet; thence South and parallel with the East line of said Block to a point 44.4 feet north of the South line of Lot Four (4); thence East BO feet to the East line of said Block Twenty two (22) to a point 44 feet north of the Southeast corner of Lot Five (5); thence south along the East line of said Block, 44 feet to point of beginning according to the plat thereof now on file and of record in the office of the County Recorder within and for said county and State. Hereinafter known as the "benefited property". . Together with a fire escape egress easement over the South 10 feet of the following described property to-wit; That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22); thence West along the south line of said Block, 100 feet to a point; thence running North Parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with the south line of said Block, 20 feet; thence South and parallel with the East line of said Block, one foot to a point; thence East and parallel to the south line of said Block, 80 feet to the East line of said Block Twenty two (22), thence south along the East line of said Block, 69 feet to point of beginning, all being in the Town of Farmington EXCEPTING THEREFROM: That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22); thence West along the south line of said Block, 100 feet to a point; thence running North parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with the south line of said Block, 20 feet; thenc~ South and parallel with the East line of said Block to a point 44.4 feet north of the South line of Lot Four (4); thence East 80 feet to the East line of said Block Twenty two (22) to a point 44 feet north of the Southeast corner of Lot Five (5); thence south along the East line of said Block, 44 feet to point of beginning. Hereinafter known as the "benefited property". . Said fire escape easement being more particularly described as creating egress from the second story Northeast exit of the benefited property onto the roof of the above described burdened property and from the roof of the above described burdened property to the ground level, via the West wall, of the building constructed on the burdened property. All costs and expenses of design installation, maintaining, and repair of said fire escape system to be the sole cost, expense and obligation of the benefited property with the design, location, manner of installation, and construction of said fire escape system to be approved by the burdened property prior to construction thereof which approval shall not be unreasonably withheld. . d.hra.hosmr.exhibit.a /#;I" F.... No. 31-M - QUIT CLAIM DFED Minneaota Uniform Conveyancing Blanb (1978) Miller-Davia Co., Sl. Paul Cotpor~tiDl'l or Partnenhip to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ (reaerved for recording clala) Date: FOR V ALliABLE CONSIDERATION, FARMING'l'CN, MINNESOTA mE STATE OF MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF , a MUNICIPAL CORPORATION under the laws of , Grantor, hereby conveys and quitclaims w 2004 REAL ESTATE CGlPANY, , Grantee, A CORPORATION real property in DAKOTA under the laws of THE STATE OF MINNESOTA County, Minnesota, described as follows: SEE EXHIBIT "A" ATTACHED HERE'ro AND MADE A PART HEREOF. The Seller certifies that the Seller does not know of any wells on the described real property. (if 1lIOI'I> spa"" i. noeded, eclOlIi.... "" bae1r) together with all hereditaments and appurtenances belonging thereto. HOUSING AND REDEVELoPMENr AUTHORITY OF THE C'T'I'V ('Ill' ll'ARMT!I1l':'IY'JJ. MTI\1IJF.~A Affix Deed Tax Stamp Here By STATE OF MINNESOTA COUNTY OF DAKOrA }... Its EXECUTIVE DIRECOTR DAVID L. or..scN By Its (,RnRPF.J:l~-r.:F.RAT.nr.. RT~'laV The foregoing instrument was acknowledged before me this day of by DAVID L. OLSON and GERALD G. RISTCl'l the EXECUTIVE DIRECTOR and CHAIRPERSCN of ;msING AND REDEVELOPMENT AUTBORITY OF THE CITY OF,FARMINGTOO, MINNESOTA, under the laws of MINNESOTA , on behalf of the MUNICIPAL OORPORATION ,19_, corporatim A MUNICIPAL I NOTAlUALITAMf'ORlIAI. (OR 0'I1JE1l11JL& OR IWIIC): S1aNA1\JU OF PERSONTAICING AClCNOW\.EDGMElIT T.. _lilra.eOllOl..-.,_Io...lnalramcnlahould 110 _.. (iodudc .-clllll....... ol~~ TUJlINSTRUNlKfW.u DRAFtED IlY (I'IAMt: AND MDREIS): Ernest J. Darflinger Attorney at Law 311 Oak Street Farmington, MN 55024 (651) 463-7151 Atty. I.D. 21155 ,.,.~ It-- EXHIBIT "A" The following described lot, piece or parcel of land situate, lying and being in the County of Dakota and state of Minnesota to-wit: That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: Comme~cing at the Southeast corner of Lot Five (5) in Block Twenty two (22)~ thence West along the south line of said Block, 100 feet to a point~ thence running North parallel with the East line of said Block, 70 feet to a point: thence running East and parallel with the south line of said Block, 20 feet~ thence South and parallel with the East line of said Block to a point 44.4 feet north of the"South line of Lot Four (4): thence East 80 feet to the East line of said Block Twenty two (22) to a point 44 feet north of the Southeast corner of Lot Five (5): thence south along the East line of said Block, 44 feet to point of beginning . according to the plat thereof now on file and of record in the office of the County Recorder within and for said County and state. Hereinafter known as the "benefited property". Together with ~ fire escape egress easement over the South 10 feet of the following described property to-wit~ That part of Lots Four (4) and Five (5) in Block TWenty two (22) of the Town of Farmington more particularly described as: Commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22); thence West along the south line of said Block, 100 feet to a point: thence running North parallel with the East line of said Block, 70 feet to a point; thence running East and parallel with the south line of said Block, 20 feet~ thenc~ South and parallel with the East line of said Block, one foot to a point~ thence East and parallel to the south line of said Block, 80 feet to the East line of said Block Twenty two (22), thence south along the East line of said Block, 69 feet to , point of beginning, all being in the Town of Farmington EXCEPTING THEREFROM: That part of Lots Four (4) and Five (5) in Block Twenty two (22) of the Town of Farmington more particularly described as: Commencing at the Southeast corner of Lot Five (5) in Block Twenty two (22)~ thence West along the south line of said Block, 100 feet to a point: thence running North parallel with the East line of said Block, 70 feet to a point~ thence running East and parallel with the south line of said Block, 20 feet~ thence South and parallel with the East line of said Block to a point 44.4 feet north of the South line of Lot Four (4); thence East 80 feet to the East line of said Block Twenty two (22) to a point 44 feet north of the Southeast corner of Lot Five (5), thence south along the East line of said Block, 44 feet to point of beginning. Hereinafter known as the "benefited property". Said fire escape easement being more particularly described as creating egress from the second story Northeast exit of the benefited property onto the roof of the above described burdened property and from the roof of the above described burdened property to the ground level, via the West wall, of the building constructed on the burdened property. . All costs and expenses of design installation, maintaining, and repair of said fire escape system to be the sole cost, expense and obligation of the benefited property with the design, location, manner of installation, and construction of said fire escape system to be approved by the burdened property prior to construction thereof which approval shall not be unreasonably withheld. . d.hra.hosmr.exhibit.a FROM Panasonic FAX SYSTEM PHONE NO. : Jul. 15 1996 11:31PM P3 vt pre, q---/I ' 'ft . EXHIBIT H TO CONTRACT FOR PRIVATE SALE D~TED I 1998 THIS IS AN AGREEMENT Between 2004 REAL ESTATE COMPANY, the Developer of certain real estate l~gally described on the Addendum to this Agreement and identified therein as "benefited property", and JAMES E. GERSTER, also described in said,Addendum. For the ..-..... purpose of explanation, the benefit referred to is from a fire escape egress easement over the South ten feet of the property owned by James E. Gerster. Said easement was created in a deed dated between , as Grantor, and James E. Gerster, as Grantee, and filed as Document No. in Book , Page , Files of Dakota County . Recorder, State of Minnesota. The purpose of this Agreement is to set forth the genera~ design, manner, and description of the construction of the said fire escape contemplated to be built by said Agreement. The construction thereof shall be in accordance with the Addendum attached. It is agreed that said fire escape egress shall be at the sole cost of the Developer, who shall also be responsible for the cost of its repair and maintenance. Dated: , 1998. 2004 REAL ESTATE COMPANY By Hosmer A.Brown III, President and Bosmer A.Brown IV, ~reasurer . Dated: , 1998. JAMES E. GERSTER FRON : Panasonic FAX SYST81 PHONE 1'-10. : o!:.""-l~-l':l':I!:I ::!11 ~'9 NIO::HIAL r1ULRRoNl r., ASSOC. Jut. 19 1996 12:27AI'1 P4 61~ 4590074 P.02 . THE seCOND MeANS OF EGRESS FROM THE SECOND FLOOR OF THE EXC~ANGE BANiK AND LARSEN BUILDING COM~LEX SHALL Be BY MEANS OF AN EXISTING EXIT DOOR ONTO AN ESCAPE ROUTE TO BE PLACED WITHIN,. AN EXISTING EASEMENT LOCATED lNa>RmB OF THE' EXCHANGE BANK BUILDING. THIS ESCAPE ROUTE SHALL CONSIST OF FOLLOWING THREE COMPONENTS: 1. A WOODEN STOOP AND $TAIA SECTION BUILT OF TREATeD LUMSEA SETTING DIRECT'" Y ON rop OF THE. GERSTER BUILDING ROOF. tHIS WOODEN STOOP AND STAIR STRUCTURE SHALL 8E CONSTRUCTED WITH A "CUSHIONJt MATERIAL ATTACHED TO ITS UNDERSIDE 10 PROTECT THE E.D.P.M. ROOFING MAtERIAL ON tHE GERSTER BUIL.DING. 2. PRECAST CONCRE"'e ROUNDS TO se PLAceD ON TOP OF THE GE.RSTER BUILDING E.D.P.M. ROOFING MATERIAL FOR A WALKINQ PATH BETWEEN "COMPONENT 1" ABOVE AND "COMPONENT 3" BELOW. 3. A METAL .=I"E ESCAPE. TO PROVIOE AN ESCAPE ROUTE FROM THE ROOF OF THE GERStER BUILDING TO THE GROUND BELOW. rHE DESIGN OF THIS FIRE ESCAPE SHAl.L BE HINGED AND I OR WEIGHTED SO THAT IT CAN BE DROPPED TO THE GROUND FROM A SUSPENDED POE:;.rfION ON THE SlOE WALL OF THE EXCHANGE BUILDING. IT MAYBE NECeSSARY TO HINGE lHE "SH1PS LADDER" TYPE APPARATUS j:ROM THE WEST SIDE WALL OF THE GERST!R BUILDING. . THe SPIRIT AND iNTENT OF nUs DESIGN CRITERIA IS TO NOT ALLOW A PERMANENi STAIR ACCESS TO TI'u, ROOF OS: .THE GERSTER BUILOING FROM GRADE WHilE FlEAOIL Y ALLOWING AN ESCAPE ROUTE FROM THE ROOF OF THE OS.RSHiR BUILDING TO THE GROUND BELOW. NO PENETRATIONS It.no THE E.D.P.M. ROOFING MATERIA.L SHALL BE ALLOWED. HOWEVER. ANCHORAGE TO THE ROOF EDGE ANO WEST SIDE WALL STRUCTURE OF THE GERSTER BUILDING WILL BE PERMITTED IF NECESSARY, . 09.11w98 Jul. 19 1996 12:25AM P2 PHOt-IE In : I'lll...HlHL ('lULAROI'H & ASSDC. FROt'1 : Panasoni c FAX SYSTEI1 -... -.....,..... ...,J......J.l. 612 4590074 P.Ol 1.:1 -..!I~- I . I: "\ '" '7 t- I ! ...;'1 ~ ~lPn- " "?'"-? , , 1/ .~ ! ... ! i! .. ~. if:...... j !. I Ii If!f I' i I rr 1 jl ~J q II' 1 ~ ,i Ill"'"f'. !; J ..... ~i' ~ · ~ j I Q . il!~: { I ~ I e I ;ilfrd ~ ~: ~ ... I iJi'." 11 :g '. iii' i b ':- I>> I~ I .' = I'jl , ! ~j Iii f ., 1 U I ~ I" I I.: ,.... j !j ....", , 'I fI\ i IJ ... II '!flit . t. n :/; ~J!.! .'11 I't di j Iii Ii Ii if I ~ I', , ij... .1'= ifl,; .11 :.f~ . j:/D /1= I f.!~ .F.! 1'1 .fl . . I~i' , J! ~Ii Wi"" Ii J Iii I r<< ~; I Ii ! i H~.; .;---WI . 1 ,. , -. .....~. Ij! ~4I ~ \ ',\ L ; I {..-... ,.,.. I ~ "'..... J ...-:-.1.- 'r I " \'\ .......lL+---i ~ 'T' l...... . , 1 i " ", T'hW J"..1I..1I1.."'" ~1: -----.: "'<>.~::,__.. _.._...__.~ .$. - I ......_-~::=.~ .":. ..' ~---"""''''. .._~..... "', . ''"""7'-:--:-- -- I I I I i I i I I I I I 1 -. M . =~ .. ... .....---"RiiWii_' .. ;:; .. ~$ ::D ~.. !;tA. es8 Ofli z ...... IHI" !;~l 2Q m~ en = ' Q I >~ M , , '. ... ; : If",!!!'! f I :1 ~ iii :: ! I . I . , , , , , , ! ; r Ii I ~ I '-'--'Y..":: ,.. "'hl'- -._- ., ----.'il~ 1;J8 ';~ II .~'.I:""~. co i .. I I J I I I I ... nlllJJ '''! I .. .4 i .. II Exhibit H Third Street ~ I ,.~"II' tbr. Elll!.II.12l1~ I\ank . II HL~roAlC OORMEIIS rJl\/)Bt'T . Fa""lnlll"" MlnJ:!I'I'Qt. . 1....,"""'IOjli:.~_~ -- . ., ."I"'"lrl''' I,', I, I' .'j IO'A '*~'r' f '"fit :n~. 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Third Street Jul. 19 1996 12:26AM P3 P.tZtz -.~ -i i\!1 ;1J ....... ~t$l z~ "0 d~ z ~, 13€/ ~ ~~ ~C ~a ' ~ ~ i I ~I i I I I 1 I f .0 r-. ) i , I ~ ,.-J- , .... "'" " '. , '. '-', '0. " " ", J , ~ 1/1 i \1) , "1 I i I ! i I I . I -=.:.::i MnP I I -/ I !S w " "'~~'''' ttt~ Exchallgt Balik I'...' ,..I.. /,"''!<<l ...,. : ....,._......., ffl~'T(lltJC CUR.q\lS I'lcO)l:CT "_~ IlHr fllBfll I ;-:;.-;:-:..::::::::. ~... P.,,"/~!~ M'~ . I M__'n f i ~~:E~~::.,,":, Il,....''';fl'~. ~~---_. - --;-.....,--...----.-! , \ _..t. .-!-.IIl."......... ~ ~,........ ~J.~_ '_'_ .~.:s:r.rrr-.~-....1:J;.i-......-_.. . ...._~....~....,.r-.'\....-...-1!F'.'ttntllil'~,._,' .. _...1 FROM : Pana son i c FAX SYSTEM PHONE NO. : Jul. 15 1996 11:33PM P6 .' e, . '"r" \ ' " ,{ ""'-y , ~~ I.,"" _ .' 1 . 1,1. '\I~ill:'; & It.... !,,,:.. I, 'l'llll.:lll .-\111111 ,nn' .,!~.:: ..~'..' ;.;. 'I' i.i ': ;~. .. ..... , ;,. ..... :J... oil;. '.1>. . "':1 q . r i . i :':.. J': L"...: . F:\. \ ,. i ~ :.' ~ .'. MEMORANDUM DATE: August 11, 1998 RE: Dave Olson Lee Smith ~ CDBG Job creation Requirements TO: FROM: cc: . The Developer will need to meet the job creation or retention requirements found at 24 CFR gart 570.208 (a) (4) . The applicable section goes on for about 3~ pages, although I don't think all of it is pertinent in this situation. I've attached the entire section for your reference. My recommendation would be to focus on the ;~b cre~tion aspects, specifically section~ (4) (i) &(iiil,. I don't think you'll find many job seekers in Farmington coming from a census'tract meeting the "pres11mption of low incotT\p" described in gection~ (iv) N. (v). I do think we can reasonably aggregate all jobs created by all new tenants in the building in cou~tinq the pe~cent of jobs goin~ to LMl persons. With all this in mind, I've created the other attachment here, labelled "Job Creation Requirements". . Page & of Exhibit I / 1-1 . J".- . FROM Panasoni c FAX SYSTEM PHONE NO. Jul. 15 1996 11:33PM P7 'f-.. . JOB CR.BATI:ON RBQt1I:~S At: least entering ...., be held income is less all new 'obs created thro .t' r, or ~ons Qr p-nt'1. J.es le ith eve r, shall by, or availab e to, persons with a grosS household as verified at the time of initial employment, that than 80% of the median income for the ~in Cities Metropolitan statistical Area, adjusted by family size (Hereinafter referred to as Low and Moderate Income Persons). In calculating the percentage of jobs held by or available to Low and Moderate Income Persons, the total number of full-time equivalent positions created by all employers occupying space in the subject property shall be counted as the total number of jobs created. This requirement shall be met within two years of the date of conveyance of the property to the Developer. For jobs held bv Low and Moderate Income Persons, the Developer shall provide verification in tne form of an Employee Household Income certification signed by the employee. . For jobs available to Low and Moderate Income Persons, the Developer shall provide the following documentation: 1. A description of the jobs and copies of advertisements for the jobs showing that the jobs required no special skills or extensive work experience; or, if the jobs did require special skills, evidence that the employer was willing to provide training to unskilled applicants 2. A description of actions taken by the employe~ to ensure that Low and Moderate Income Persons - received first consideration for the jobs. Such actions might include, but not be limited to, agreements to take initial applicants for job openings through a jobs training service or other public agency serving a low income clientele. . Page ~ of Exhibit I . FROM: panasonic FAX SYSTEM PHONE NO. Jul. 15 1996 11:36PM P12 '. . ENPLOYEE BOt1SDOLD INCOME CERTIFICATION Oakota County Community Development Block Grant (COSG) funds were used in the renovation of the building in which your place of employment is located. For this reason, it is necessary to obtain information about the household composition and income of employees hired by the companies occupying the building. . This information is private and is protected under the Minnesota Data Practices Act. The building owner and the City of Farmington will be informed as to how many employees have household income which qualifies underCDBG guidelines, but will be given no other specific information about yourself or your family. The information will be used for no other purpose. ~lease fill out the information requested as completely as you are able. Return the form directly to: . Dakota County HRA 2496 14Sl:b St. W. Rosemount, MN 55068 ATTN: communi ty Development Dept. Name of Employee: Home Address: Telephone: Job Tit:le: Hours (weekly) Date Hired: Hourly Wage: How did you learn about this position? Total Number of Persons in Your Household: Total Annual Household Income Before You Took This Job (include income for all persons over the age of 19 from all sources) : . Fill out the attached survey and sign the for.m. Page~~ of Exhibit I FR{)/"\ : panasonic FAX SYSTEM PHONE NO. Jul. 15 1996 11:36PM Pl~ II HOUSEHOLD INCOME SURVEY INDICATE INCOME FOR THE YEAR PRIOR TO YOUR EMPLOYMENT IN YOUR CURRENT JOB INDICAn! COMBINED GROSS ANNUAL INCOME FROM ~ HOUSEHO\.D MEMBERS 18 YEARS OLD OR OLDER. CHeCK THE LINE NEXT TO THE INCOME RANGE THAT YOUR INCOMe FAlLS INTO IN THE AREA TO THE RIGHT OF YOUR HOUSEHOLO SIZE. A HOUSEHOLD INCLUDES AU p~SON5 LIVING IN THE RESIDENCe MORE THAN lliRes MONT'tiS OUT OF THE YEAR. WHETHER RIELATED OR "'OT. Household Size Grosa Annuallneome Range (Include all ,.aidents of home) (Income from .11 ,,"idents 18 years old or older.) $0 to $21,300 ------------------------------------ 1 Person $21,301 to $31,700 ------------------------------------ $31,701 and above ----~------------------------------- $0 to $24,300 --------~--------------------------- 2 Pel'$ons $24,301 to $36,250 -----~---------------~-------~------ $38,251 and above ------------------------------------ $0 to $27,350 ------------------------------------ 3 Persons $27,351 to $4Q.750 ------------------------------------ $40,751 and above ------------------------------------ $0 to $30,400 --_.-------~------------------------ 4 Persons $30,401 to $45,300 ------------------------------------ $45.301 and above ------------------------------------ $0 to $32.850 ------------------------------------ 5 Persons $32.851 to $48,900 ------------------------------------ $48,901 and above -----------------------~-_.--------- $0 to $35,250 -----------------------------------" 8 Persons 535,251 to $52,550 ------------------------------------ $52,551 and above --~--------------------------------- $0 to $37,100 ------------------------------------ 7 Persons $37,701 to $56,150 -----.-------------------~---------- --- ~58, 151 and above -------~----_._----------------- $0 to $40,150 - ------------------------------------ 8 or More Persons $40.151 to $59 800 . ----------------------~------------- $59,801 and above -----------------~------------------ J certify that the Information proltJded is true and correct Employ.. Slgnarure: Date: page~~ of Exhibit I . . . . . . ~~~~--./ {2(!-C9~~~ ~cy{c6 (Reserved for Recording Data) QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $1.65 Dated: P1'~ ~ " , 2006. FOR VALUABLE CONSIDERATION, the CITY OF FARMINGTON, a Minnesota municipal corporation, Grantor, hereby conveys and quitclaims to the ECONOMIC DEVELOP:MENT AUTHORITY IN AND FOR THE CITY OF FARMINGTON, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Dakota County, Minnesota, described as follows: Part of Lots Five (5) and Six (6) of Block Twenty-three (23) in the Town (now City) of Farmington, described as follows, to-wit: commencing Fifty-one (51) feet South ofthe Northwest comer of said Lot Six (6) in said Block Twenty-three (23), thence running South Fifty-one (51) feet, thence East One Hundred Ten (110) feet, thence running North Fitly-one (51) feet, thence running West One Hundred Ten (110) feet to the place of beginning, according to the plat thereof on file and of record in the office of the County Recorder in and for Dakota County, Minnesota. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None. 123162 1 THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. i. The consideration for this transfer is less than $500.00. CITY OF FARMINGTON BY: (SEAL) AND: STATE OF 11lNNESOTA ) )S5. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ~-fh day of ~ , 2006, by Kevan A Soderberg and by Robin Roland, respectively the Mayor and Acting City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf . of the corporation and pursuant to the authority granted by its City Council. ' ~a;Y1~ N tary Public Tax Statements for the real property described in this instrument should be sent to: Farmington EDA 325 Oak Street Fannington, MN 55024 CYNTHIA A. MULLER NOTARY PUBLIC - MINNESOTA My Commission Expires 01.31.2010 Tms INSTRUMENT DRAFfED By: CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 AMP/cjh . , 123162 2 Dakota County CDBG Request for Reimbursement Form .ate: J--::; /j-L-/ / DG From: CityjTownship of Farminoton I I Please complete the appropriate sections. The Dakota County CDA will fill in the shaded areas. You must include all appropriate documentation to support this request (i.e. staff hours and rate of pay, invoices for work completed, copies of plans, etc.) Please use additional request forms if necessary. Reimbursement for the followin activities is bein Program Amount Fiscal Yr. Re uested 1995 5,618.31 2000 28 246.75 2001 $31,927.00 2004 $5 000.00 2005 24,854.27 TOTAL $95,646.33 Do you have program income (i.e., revolving account) to draw first for this activity? _ Yes X No If yes, please indicate how much program income you are drawing for this activity: $ Documentation to support Request for Reimbursement (please include with this request): o Timesheets ~ Invoices / Proof of Payment 0 Completed product (# of hours, rate of pay, etc.) (copies of checks, receipts, etc. ) (i.e. plan, study, survey) .e following chart is for DIRECT BENENFIT ACTIVmES (housing or public service activities). Please report ~ demographic information of those served during the dates of service listed above. If you are reporting a HOUSING activity, please report in number of HOUSING UNITS. If you are reporting a PUBLIC SERVICE activity, please report in number of PEOPLE. Please use additional forms for more than one activity. DEMOGRAPHICS Ethnicitv Income Level Race Hispanic Non- Very Low Low Moderate Above LjM Hispanic (0-30% ) (31-50% ) (51-80%) (81% +) White Black! African American Black! African American & White Asian Asian & White American Indian or Alaskan Native American Indian/Alaskan & White American Indian/Alaskan & Black Native Hawaiian/Other Pacific Islander Other TOTALS (Ethnicity = Income Level) DO NOT COMBINE DATA FROM MORE THAN ONE ACTIVITY OR SERVICE DATES e-headed Households = Percent as Low IMod Income = AP;0. bYA ' , )iL~ /tity or Thwriship Finance Officer . ~17 ~J C f "tt;M /">1 { tv I SnzA-r-r:><<:. Page 1 of 1 Tina Schwanz From: Melissa Carnicelli [MCarnicelli@dakotacda.state.mn.us] Sent: Thursday, March 23, 2006 4:42 PM To: Tina Schwanz Cc: Dan Rogness Subject: Riste COBG Reimbursement . Tina, Attached is the reimbursement request for the Riste acquisition. The reimbursement request totals $95,646.33. CDBG cannot be used to pay for assessments so I subtracted out the $353.20 and $344.16 to get the $95,646.33 total. You will see on the request form that this will close out your FY95, '00, '01, and '04 Riste Redevelopment accounts. This reimbursement uses $24,854.27 of the FY05 budget, leaving you with a balance of $5,145.73 plus $2,500 for project administration. You can leave this for future project costs. If you want you could request reimbursement for the cost of surveys to identify the property to be acquired or of the preparation of legal documents. We would need copies of those invoices along with evidence the City paid those invoices. The project admin funds could be used for these legal costs as well. Again, congratulations! Melissa Carnicelli Project Manager Dakota County CDA 1228 Town Centre Drive, Eagan, MN 55123 (651) 675-4467 Fax (651) 675-4444 . . 3/24/2006 . . . 03/22/2006 15:25 F~K LC710 @ 002/006 OMU ",..,.'unl NlI. zSti1-U)tS IUD",," 'laOflIIOl., 7.1.1.1 ! . LIS. OCPA.llT.>fE"'T 01' !I0US/NC "':>ILl UIlI1A.,'l ('(V!:LOI'~'U'T ^. Dal<Ot~o"n~ Aa~n '':!AC.~ 1 '-1#. ~rTfL.C. SRTTLF.~,.n:NT STATF,M/<:N1' 3/21/2006 2 , 55 : 40 PM JJ. '("''r'1t OF I.O;\N: L. LJ t'lI,\, 1,:' J. !. . LVA.___:.J" i (.. ~'J1.E I'IVMfI~;ll: I ! DC051l0314 I I 7, LO...N 1'I\I~m(;lI: , ! I a, MORTGAGt: '/IISlIKA/'ICE CASE 1'10: J HlIl.\ I ('O;\lv. I/IIS. I. U t'o""v, l,,,,INS. CASH '". N()'~~: "fh;.. li~",..~ rill'lol.""'''''' h'lI:;'I" ~1.I.1" :/lNh;,,'Ctll "t~o:hli,llfCllk.111i:ld 1;1I:.liJ A",.,IIIHJ )lllltf ILl.fUr.! 1,.,. Ii..: ,~IlI"'II.~nl.i'l:"r IIt't' sh.,....'. 1110"'1 ndll1.:d '"1POC'J" ~..C' f,,,;d PUbllk I~I:' ~~U~"'i!o' "'ley ur!: ..i_Dwtl 'titrt fex 1I'I(l:n1'>;.I.DII.;l1 PUrp:llClJ ..nil JIM: IIDI 1..r1urJl:d III r~e Inuit: 1>. N"~I[ ...NIl ~DI)I\ESS OF DOIUHlwrll: Economic Development Authority for the City of parminstcn 1\. N,~j,.m ANl> ,\I)I)iii",S 01': sr..I:lin, . -- --- r.-:N~;'l-r. "NO "DDIl&SS or \.EtmrJl: 2004 ~e&l Emt~te compa~y I 325 ~alc Street. FarmLnqton.MN 55024 I G.I'ROP<UT\' LOc:,.'(I[)/'I: xxx farmington,MN $$024 PartQ of L3 , 4. B22. Town of Farmington. Dakota County 50$0 Trance Avanue south Edina,MN 55410 -. ,.: .. ,~~:'ITI.~;Mf;)\1T' lI,\n:, 3/21/2006 II, sfrr....;~rl;NT ^r;I~"T: KAREN K. JOHNSON DA~OTA COUNTy ABST~CT , TITLE PIACV. Of SETfl.EMF.NT: 7373 1~7th Street West 8161 Apple valley, MN $S12q Payout Date: 3/21/2006 J. SII.'f~lAfl\' o~. b~)_~I~(!~I:'I'S""AN$A(:nON ICl\1 y'1lC)~S :\~I~\JIII'f III It: f'j(,)h'. H(lIl1U>WEK, /0;. St'o\-l,""I\ltV Of St:LUlt'S TKA,'1SAcnON <00. (:Il{l~'S "'M(lU"'!.I~ll!; HI ~'.;I.I.U{: _ ~_~.' 2.0D. 00, 1111 (~I"lIl'Ji_.,.SIIIIl:. P'.""T 93,200.00 .IUI ("MI.LUl:rl..~~s:,.rll:1I' .aUl "1:n.D",.1 rr.'p.:'I'\y ._- _..~-- .-- 1111 ~~l~\nl~ r~ 1,I~'\1 "13.00 _n' 353.21) >DI u. ...... ._ _.... o. .. . -"-' 344.l6 -os --. -. .... .._..--~--_._----~- 111.1 S":III~IIU!UI L:hllrdl!': 1:1 btllll:w~r 11.1lol l.iUD) I\lJ 06 cert i.sses';iotO-22 "i~. 06 c"r~ u..u..!.~~-2~ .~~. . 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Cl?t1N~~ _ ~~~lU\..CT ~ TITLE I 150.00 ..... .1 .-.....---.- 11"01 fid.. ich"lfllMA:L..lJuJt:1 I .....-...-........ .-..'---' 1101 I )P~U.II~," prCPI&rI.lIJ\" .' .. 1',\1'-' ~.~!\tvl~J .. ... .. ......- _. -.- ....... ....-- --, -. - .-Oo-.""t I.U' .~I~~~o!.II:!~ ..' , ....-.--- ...... .. .. . ..- l.t"lutle-I .L."1J'l"'C kl:nlllldIlL":"l!l. ___._..._....___..____ 11:":. ll';t~ ",,,"r..."~~ - OMOTA COWry AS ST.IlAc:T Ii. TITLE 4~6.0DI .. .. ... .. .- ...-. .... - Ilfk"la....-..I'I.'nill."llIlIWllllbl:l") .. ..,.- ....--.- 1101.1 1~dw'su"'C-t;lllt ....-....... - ...----. 1111, OVOllla'"!:,,.t;'.1l"$93r 200. 00 $425. DO .' - -.... .... T .!.:.~I"":' ;?~p..::.ction fee DAXO!~_~~P.:N'!'Y _.~STRAC'I ". '::P:.LL . 40.00 .- J_.__._-~~ ..tlll T.." Search fee OM;OTA COUNT 11' i'.llSTll...CT " TI.:rI..F; IlUU. CO\~l)l~(\t~:N"l'llt:C:O"-UIf~r; "J"HJ'J'AANS'''..:'~ (1'^!lc;t~:. .... --' ..- ..-., .--...-.,. ...----....- .-.- ... 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Se:'.llo.n 4(:'\lurRIiSP^ mkn&Jple~ 'hjJI III II) tJc..dulI ..niL) I"":!!":' iLc: lhl!> l>L::t"j:a.rd rOlln 10 be U:it:'u .\ \h::- \111\1. ut lonn 5Cfllt'nu:nl fa P'IWlc)e lull di~hllt.Ul\: "r ~II a:h.l"....'t."" i"'IltlUcl upOll II,c b[\r,'Q...~i fl....'; $cllel Tht:~c: arc (turd pliny d'itIDS",""): Ih.., ;1J"e l.lt'!>)r.nc:.!1\1 IIl1lYlLie lllf: \J()'.n.....:.. with Iltl,incnt u\l'o:lnalion uurtn~ ~hc ~..c:tdc:mt'''llm,;:.t::->- II. ,..,IL", In lu: ., b::"I.'t ~hupp~t 'f1n: 1'1.111:1,,' '(~"UIl&H!l t)lliiL:.IILW "11$ Cllllt'~'IO" or inrUfll\;tI.un I~ 6rrm,II:od hi Of..-cf;lt.e till!: huur pc, 1l.::'l",")"~.Im.'lml"'tJl\l.'lll"'': [l)' h:Y'Cwl"r.ln~lrucLlDM. scur:01lirl(t c~i$li'le ..tal) SUtlrl;~~', ~;llhL'l\n; j,j,nd m.unlif1nltlt: I))\.' I!;I~ r\I.'cLlcd. .'Id 'IHTlplclln~ t'lr,l! ';"IIo:Wln\t lite: t'Dtlr:~'IDr. of ,nrorrn~ulon nu~ ~ttL:"~' f'l\:lf 1lDI c"U~c~ \hlS lnIQrl""lum. ~'IJ ytlU .".: M,l fcqulfcd m l'ull"lplch:' !tllS rllHII. t.Juit:~s. tI &.Ii!;.I,I:.,., ~ tUI"CIU~Y y~J1id QMU t:unlwl ftuf'ul,lL-r 111t= IDrmma\JtllIlL:I'UC\oI&:..J .JUI:S nil\ lend Itsctr l" ~unrnJcn";dl.r 3/21120D6 fu.r", IHILl.a']I....) 2: 55: 4. 0 PM .c1I1"..\l~."" "J.~.r . . . Kevin Carroll .rom: ent: To: Cc: Subject: Ken, I followed up on your phone call this morning regarding the status of the answers and documents. While I was on vacation, a significant design change was made to the building. The garage addition has been deleted. We simply were not able to overcome the site drainage and dock height differences in the garage addition caused by the lot elevation changes as we moved north. The proposed solutions were not very functional (ramps and lifts) and cost prohibitive (nearly $200,000 over budget). I support the decision that was made. Rather than submit the answers to your questions using the original plans with the garage, Brain Houwman chose to redraw the plans without the garage. I just received these revised plans via e-mail. I will be reviewing these documents with him in the next day or so and the documents will be resubmitted by the end of the week. Please note that this deletion is not all that big of a change. We will still be adding -18,000 sq ft of manufacturing/warehouse space. The garage was truly an "add" item and does not effect the basic structure. There will _imply be a little larger storage yard and parking lot. will be in touch with you Thursday afternoon. I apologize in advance if this creates more work for you. I simply need this to be right before we begin. Tim Tim Milner President JIT Powder Coating Company 21020 Eaton Ave Farmington, MN 55024 651-463-4664 (office) 651-463-4627 (facsmile) . 1 Kevin Carroll .rom: ent: To: Subject: Ken Lewis Thursday, March 23, 20062:41 PM Kevin Carroll; Lee Smick; Dave Sanocki FW: JIT expansion ~ ~~~ EJ ~ ~ ~ ~ imageOO1.gif (2 KB) response to city ATT820693.txt letter 3-24-0... (241 B) ATT820694.txt (263 B) -----Original Message----- From: Tim Milner [mailto:tim@jitpowdercoating.com] Sent: Thursday, March 23, 2006 2:30 PM To: Ken Lewis Subject: Fwd: JIT expansion Ken, FYI. I will stay in touch. Tim Tim Milner .resident "IT Powder Coating Company 21020 Eaton Ave Farmington, MN 55024 651-463-4664 651-463-4627 (facsimile) tim@jitpowdercoating.com Begin forwarded message: > From: rianhou " <brianh@houwman.com> > Date: March 23, 2006 1:58:06 AM CST > To: '" . '" <tim@jit wdercoating.com> > Subject: JIT expansion > > > Good morning Tim, > > I waited for answers this morning to be able to respond to where we > are at in answering the city letter & new drawings. > > Attached is the letter with responses. This letter will be on my > letter head & sent with the drawings. You will see through the > comments the things that are required by you or Bainey. I can help > you with the city process drawings that are required. We'll talk about > that later. > > The signed drawings from structural & civil will be to my office > tomorrow morning. Tony from our office will drop off the new drawings around noon tomorrow. This should keep us on track. > Brian Houwman > Houwman Architects > 833 3rd Street S.W. 'V 1 . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us December 13, 2005 J.I.T. Powder Coating Attention: Mr. Tim Milner, President 21020 Eaton Avenue Farmington, MN 55024 RE: Lot Improvement Time Extension Agreement Dear Mr. Milner: I've enclosed a copy of the fully executed Lot Improvement Time Limit Extension agreement. Sincerely, / Tina Schwanz Economic Development Specialist cc: File LOT IMPROVEMENT TIME LIMIT EXTENSION THIS AGREEMENT, made and entered into this II day of November, 2005, by and between HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FARMINGTON, MINNESOTA, hereinafter "HRA", and MILNER DEVELOPMENT, L.L.c., A Minnesota Limited Liability Company, hereinafter "Milner". WHEREAS, Milner is the present owner of Lot One (1), Block One (1), Farmington Industrial Park, on which Milner presently operates its business; and WHEREAS, Milner purchased Lot One (l), Block Two (2), Farmington Industrial Park 2nd Addition ("Expansion Lot") from the HRA with the understanding that the lot would be used as expansion area for its current business location and not for speculation or resale, and for construction of a building on the site ("Improvements"); and WHEREAS, a Declaration of Covenants filed as Document #1375883 governs certain aspects of development and operation of properties located in Farmington Industrial Park 2nd Addition ("Declarations"); and WHEREAS, pursuant to Section 1.0 of said Declaration of Covenants the HRA is appointed to administer the same; and WHEREAS, pursuant to Section 13 of said Declaration of Covenants Milner would be required to begin construction of the Improvements within one (1) year of the date of purchase; and WHEREAS, the HRA, as administrator of said Declaration of Covenants and pursuant to Section 15.01, has agreed to extend Milner's time to begin construction ofthe Improvements. NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. To remain in compliance with the Declarations, Milner shall: . . . .' . . . a) apply for a building permit for the Improvements on the Expansion Lot by 4:30 p.m. on November 10, 2005; pick up and pay for the building permit by 4:30 p.m. on March 31, 2006; commence construction of the Improvements on the Expansion Lot no later than May 31, 2006; and substantially complete construction of the Improvements on the Expansion Lot by October 15, 2006. b) c) d) 2. That in the event Milner: [a] does not comply with the timelines for Improvement of the Expansion Lot as set forth under Paragraph 1 of this Extension Agreement; [b] determines earlier than the end of said time period that there will not be an expansion of its current site or [c] transfers the percentage ownership of any persons with an interest in Milner Development L.L.c., (other than transfers for estate planning purposes) prior to the commencement of construction or end of the time period, whichever is earlier, then and in that event, Milner shall re-convey the Expansion Lot to the HRA and the HRA shall pay to Milner, $ 21.217 as and for the full purchase price within thirty (30) days of the earlier of the above-noted events, and that such lot shall be re-conveyed to HRA free of all liens and encumbrances excepting therefrom the lien of special assessments assessed against said lot which have not become due or payable as of the re-conveyance date and further that real estate taxes due and payable in the year of re-conveyance shall be pro-rated. Housing and Redevelopment Authority of the City of Farmington, Minnesota By: Date: Date: J Z /02/ ~CX/5 . I I (( /re,!; ~ / {~ E ~ By: ,. Milner Development L.L.c., a Minnesota Limited Liability Company Date: Aj~bt4 /( ;~t3S 17-{t2-/o:;- , 1:" ? STATEOFMINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 2nd day of December, 2005, by Todd Areyand this 16th day of December, 2005, by Kevin Carroll, the President and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Farmington, Minnesota, a public body corporate and politic under the laws of the State of Minnesota, on behalf ofthe public body corporate and politic. STATEOFMINNESOTA ) )ss. COUNTY OF DAKOTA ) .~ ~, ..~ . < . { t t-/L . JENNIFER L. MORICAL I NOTARY PUBLIC-MINNESOTA My commission Expires Jan. 31, 2008 · . The foregoing instrument was acknowledged before me this /Zt'1-. day of ULC.~ 2005, by 7iMD#ld A. M(I"e~ , the 1?C.$~d~VL r of Milner Development, L.L.C., a Minnesota limite liability company, on its behalf. ;Z:~Wm~ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,MN 55121 Telephone: (651) 452-5000 3 LEE MICHAEL MANN NOTARY PUBUC - MINNESOTA My CommIssIon ExpInls Jan. 81, 2llO8 .. I . . . . . . ~~/-,,/ &Z.(!~~? ~~~ (Reserved for Recording Data) QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $1.65 Dated: Mc:u..cL 6 / ,2006. FOR VALUABLE CONSIDERATION, the CITY OF FARMINGTON, a Minnesota municipal corporation, Grantor, hereby conveys and quitclaims to the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FARMINGTON, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Dakota County, Minnesota, described as follows: Part of Lots Five (5) and Six (6) of Block Twenty-three (23) in the Town (now City) of Farmington, described as follows, to-wit: commencing Fifty-one (51) feet South ofthe Northwest comer of said Lot Six (6) in said Block Twenty-three (23), thence running South Fifty-one (51) feet, thence East One Hundred Ten (110) feet, thence running North Fifty-one (51) feet, thence running West One Hundred Ten (110) feet to the place of beginning, according to the plat thereof on file and of record in the office ofthe County Recorder in and for Dakota County, Minnesota. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None. 123162 1 THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. i. The consideration for this transfer is less than $500.00. AND: GTON (SEAL) BY: STATE OF MlNNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this <:6-1h day of ~ , 2006, by Kevan A. Soderberg and by Robin Roland, respectively the Mayor and Acting City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf . of the corporation and pursuant to the authority granted by its City Council. · q,,~a }r7~ N6tary Public Tax Statements for the real property described in this instrument should be sent to: Farmington EDA 325 Oak Street Farmington, MN 55024 CYNTHIA A. MULLER NOTARY PUBLIC - MINNESOTA My Commission Expires 01.3H010 Tms INSTRUMENT DRAFTED By: CAMPBELL KNUTSON, P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 AMP/cjh ;. 123162 2 /Od . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Council and Acting City Administrator ~ FROM: Kevin Carroll, Community Development Director SUBJECT: Facilitator for Economic Development Summit DATE: March 20,2006 INTRODUCTION At the City Council/City staff goal-setting meeting on Friday, March 12, 2006, the Council indicated a desire to conduct an Economic Development Summit in May of 2006, facilitated by a consultant. . DISCUSSION The City customarily uses an RFP [Request for Proposals] process to select consultants that are needed or desired for various types of City projects. Attached hereto you will find a draft of an RFP that could be used to solicit proposals from firms that could assist the City with (a) the planning and organizing of an Economic Development Summit, (b) the facilitation of the meeting itself, and (c) the subsequent preparation ofa summary of the meeting. ACTION REQUESTED Motion to (a) approve the attached RFP and (b) authorize and direct City staff to immediately disseminate the RFP to the firms that could potentially provide the services referred to in the RFP. Respectfully Submitted, .. e ~" , ~. I. " , 'i,}'.,., " J .,(t:/t. z; .. ~./_.(..-~~.,..,,-, ,;- t.,.--v Kevin Carroll Community Development Director . 16-1 REQUEST FOR PROPOSALS FACILITATOR FOR CITY "ECONOMIC DEVELOPMENT SUMMIT" CITY OF FARMINGTON, MINNESOTA . The Farmington City Council has indicated a desire to conduct a City "Economic Development Summit" in May of 2006. The primary objective of the summit would be to engage interested local parties in a productive dialogue regarding policy-level goals and objectives of the City with respect to future economic development. The comments and recommendations offered at the summit would later be considered by the City Council, the Economic Development Authority, the Planning Commission, City staff, the business community and others in connection with the preparation of a comprehensive written Economic Development Plan for the City. The City is seeking the assistance of an experienced consultant with regard to the planning of the event, the facilitation of the discussion that is expected to occur at the event, and the preparation of a summary of the information offered or received at the event. The City seeks to employ a firm that exhibits the following characteristics: 1. Experience in municipal economic development, including familiarity with land use planning, zoning, infrastructure (roads, sanitary sewer, storm sewer, municipal water systems, etc.), environmental issues (storm water management, interaction with local, regional and federal agencies, etc.), market analysis, financing options, business expansion/retention/attraction, marketing, publicity, and related topics. 2. Experience in planning and organizing effective "brainstorming" sessions involving 25- 50 participants from a variety of interest groups, or similar events designed to elicit useful public input and participation. . 3. A demonstrated ability to effectively facilitate and coordinate large group and small group discussions in a manner that encourages and maintains a constructive and productive atmosphere, and that keeps such discussions "on track" in order to derive the maximum possible benefit for the participants within the time available. 4. A willingness and ability to summarize the results of a half-day economic development summit in a complete yet concise and understandable written format. The following information is provided to assist you in preparing your proposal: 1. Number of copies of proposal needed: 10 2. Due date: Proposals must be received at Farmington City Hall by 10:00 a.m. on Wednesday, March 29, 2006. Any proposals received after this date will be automatically disqualified from the selection process. . . . . 3. Projected project timetable: a. City Council Selects Facilitator - April 3, 2006 b. Facilitator and City Staff Plan and Organize Economic Development Summit - April 4, 2006 through April 16, 2006 c. City Council Reviews/Approves Proposed Format! Agenda for Economic Development Summit - April 17, 2006 d. Invitations Distributed - Week of April 17, 2006 e. Economic Development Summit Conducted - Week of May 1, 2006 f. Facilitator Delivers Written Summary of Results of Economic Summit - Two Weeks after Summit 5. Mail proposals to: Kevin Carroll, Community Development Director, 325 Oak Street, Farmington, MN 55024, with each proposal clearly marked PROPOSAL FOR FACILITATOR SERVICES - ECONOMIC DEVELOPMENT SUMMIT. 6. If there are questions about the preparation of your proposal contact: Kevin Carroll, Community Development Director at 651-463-1860 or Acting City Administrator Robin Roland at 651-463-1880. The City reserves the right to conduct staff and/or City Council interviews with any applicant(s) at mutually convenient times. DISCLAIMER: This request for proposal is only a solicitation for information. The City of Farmington is not obligated to enter into a contract nor is it responsible for any costs associated with the proposals and interviews. FORMAT Interested firms should submit a proposal that contains the following: 1. FIRM BACKGROUND In this section present any information about your firm that you feel is appropriate. Include the size of firm, number of employees by job category, the areas of specialization for which your firm is recognized, and any key features that might set your firm apart. 2. EXPERIENCE Provide examples (as many as you consider appropriate) of similar meetings or processes that your firm has planned, organized or facilitated. Special attention should be devoted to work recently performed for or at the request of Minnesota municipalities. List any relevant awards or recognition received by your firm. Identify the project and date of award or recognition. 2 3. EXAMPLES (Work Product) . Provide examples of written summaries, analyses or reports that your firm has prepared for clients after the completion of facilitated public meetings, public hearings or work sessions that involved public input. 4. APPROACH TO PROJECT PLANNING Describe how your firm would propose to handle the planning and organizing of the desired half-day economic development summit, including (but not limited to) information regarding possible agenda topics, interaction with City staff and the City Council with respect to the finalization of the agenda and meeting format, location of the meeting, roles/duties/expectations of meeting participants, proposed "interest groups" that should participate, methods of soliciting public input/participation, role of the facilitator(s) during the meeting, proposed content or structure of post-meeting summary, etc. 5. PROJECT TEAM Identify the specific project team (or person) that will be committed to this project. Ifthe proposer is selected for an interview, the project team (or person) committed to the project must be available for the interview. Identify any consultants who will be a part of this team, and describe their experience and . areas of expertise. 6. REFERENCES Include at least five references for recent (within the last 5 years) projects that are similar in nature with respect to the work that is anticipated or desired in this instance. Include contact persons, titles, telephone numbers and what their role in the process was. 7. ADDITIONAL REQUIRED INFORMATION Each proposal must be signed by an authorized representative of your firm who can be held accountable for all representations. The Applicant Assurances Form attached hereto as Exhibit A must also be provided with the Proposal. 8. FEES In a separate sealed envelope, please provide an estimate of your fee and the method of fee calculation for the project. List basic services included, list additional service options and costs if applicable, and list reimbursables with applicable rates. Provide a "best guess" estimate of what the reimbursable costs would be. . 3 . Exhibit A Applicant Assurances The applicant hereby assures and certifies: 1. That the individual signing the assurance form on behalf of the individual, partnership, company or corporation named in the proposal possesses the legal authority to execute a contract for the proposed work. 2. That the firm agrees to comply with all applicable federal, state and local compliance requirements. 3. That the firm is adequately insured to do business and perform the services proposed. OFFICIAL ADDRESS: (Name of Firm) . (Authorized Signature) (Title) (Date) . 4 . POTENTIAL EDP F ACILIT A TORS 1) Ehlers & Associates Rebecca Kurtz 651-697-8516 651-697-8555 (Fax) 2) Springsted Paul Steinman 651-223-3066 651-268-5066 (Fax) 3) Hoisington Koegler Group Inc. Mark Koegler 612-338-0800 (central office) 612-338-6838 (Fax) 4) Kirsten Barsness . Cathy Bennett 651-257-4613 651-408-1033 (Fax) Cathv@Barsness.org 5) Economic Development Services Janna King 612-925-2013 612-925-2942 iking~econdevelop.com .. ~ b ~~ ~ >--- (.J II II J;;'"' iI- --I " v "ti itm t ~ PERKI I ~ rmBD~ ~ '-, DEVNEY I tL trnlUt!TIj ~ ffiHHIlffi mnDm 71" ~ t- t- I h '- ~mBj~lBf!m3 -) ... It:t-or .r I ~ 1] 'I. 11 $3m~mffi~ffi!Ej ~ m~t;~ ~~ [~..M; ..U" I m ~nHH@j ~ tmm ffiBJ tj~~ Et"'dF18 ~:~ .. 11.... I I . ~gmjB~mffiHij IH HH H ~ Ht C .?;!~ g ~ D~ ",,' : ~ ~\::: ~!ill b m tE l> ltli1h 11 n lJLlI~1 I L ~ '" I]~: ~Bil ~ ~~~~~ ~ ~~~ ~l1i'l rI\ ~ ~ 1 A --If~~~) ) ',,,. ~t1 ~.~ II JIIIII\! :.:1& ~'! !:tit'. I r I \.~ ~ll;:"i~:ij~1 ,rkITlll 1111/ J trI r SIEWERT -Irl'II"BIH" III/Ih _" ~/III,IIII H_~ \ ~ .~ I II ]'0..' 0. <( ~ ...'-..l <C -0. f[ 1e.Jf~ ,.0 ~ F1 j \...l--LJ- ~ I DEVNEY ~:J ~ ~W u VI ii5 ~;i_:l '.\1:~~lt ~~'.LJ.o. -:I' . r ~)! ~~ KRAL ?10TI-l I I OLSON TI-l 1\0 rr f----<iitf---- --- I--- '( ~ - SJrS e-~ ~~~i: rl II---(f--(j~ l nl 1 If .... ->->CTU W1J - ----- ISO 192 . t'" ~ I A Crea ed on November 4, 2005 1- - I . /Oi5 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, ~V((1(' Interim City Administrator V FROM: Tony Wippler, Assistant City Planner SUBJECT: Adopt Resolution - Sunrise Ponds PUD Preliminary Plat and PUD Agreement DATE: March 20, 2006 INTRODUCTION Bridgeland Development Company is seeking approval of the Sunrise Ponds Preliminary Plat (Exhibit A). The plat consists of one hundred and ten (110) single-family "Villa Units" on 17.09 acres of land located east of Cambodia Avenue and north of the Bristol Square development. . DISCUSSION Existing Conditions The property is currently being utilized as the base of operations for Perkins Trucking. There are a number of structures on site that will have to be removed. There are existing well and septic systems that will have to be sealed, capped and abandoned. Annexation The State's Municipal Boundary Adjustment Unit (MBAD) reviewed the executed joint annexation resolution at their March 9, 2006 review meeting. The Administrative Law Judge for the MBAU accepted the joint resolution and issued an order annexing this particular property into the City of Farmington, effective as of March 9,2006. Zoning The Planning Commission at its February 14, 2006 regular meeting recommended approval of a zoning change from A-I (Agriculture) to R-2 PUD. The Council will review this zoning amendment at its March 20, 2006 regular meeting. . Comprehensive Plan . The Planning Commission at its February 14, 2006 regular meeting recommended approval of a comprehensive plan amendment from Non-designated to Low/Medium Density Residential. The Council will review the proposed comprehensive plan amendment at its March 20, 2006 regular meeting. Plat Layout As shown on the attached plat, the Developer is proposing to create one hundred and ten (110) single- family residential lots on 17.09 acres of land. The gross density that is being proposed with this development is 6.44 units per acre. The plat consists of detached single-family lots with lot widths ranging from thirty-six (36') to forty-six (46') feet. The proposed lot areas range from 3,373 square feet to 10,478 square feet in size. The setbacks for the development are proposed at twenty (20') feet in the front, six (6') feet on the side, and ten (10') feet in the rear yards. A majority of the lot areas and lot widths deviate from the required 6,000 square foot lot area and 60 foot lot width requirements of the R-2 Zoning District. Therefore, this development is being proposed as a Planned Unit Development (PUD). Planned Unit Development Agreement/Design Standards Attached to the end of this memorandum as Exhibit B is a copy of a draft Planned Unit Development Agreement and related design standards for the Sunrise Ponds PUD development. The property is required to be developed as a planned unit development inasmuch as the lot widths as well as many . of the lot areas do not meet the minimum requirements of sixty (60') and 6,000 square feet, respectively. Essentially, the developer is requesting the adoption ofthe standard R-2 (Low/Medium) Density Residential zoning requirements with some modifications for this development. These modifications are discussed below: Minimum Lot Area: The R-2 zoning designation requires that a lot have a minimum lot area of 6,000 square feet. The developer is proposing a minimum lot area of 3,300 square feet (although it should be noted that the average lot area is approximately 4,591 square feet). This modification is reflected in the attached PUD Agreement. Minimum Lot Width: The R-2 zoning designation requires that a lot have a minimum width of60'. The developer is proposing a minimum lot width of 36' feet (sixty-nine of the lots are wider than this minimum). This modification is reflected in the attached PUD Agreement. Rear Yard Setback: The R-2 zoning designation requires that all structures maintain a 6' rear yard setback. . . The developer is proposing a minimum rear yard setback of 10' feet for all structures. This modification is reflected in the attached PUD Agreement. Maximum Lot Coverage for all Structures: The R-2 ZOnIng designation allows for structures to cover up to 30% of the entire lot. The developer is proposing a maximum lot coverage of 45% for all structures on a given lot. This modification is reflected in the attached PUD Agreement. Maximum Detached Garage Size: The R-2 zoning designation allows for detached garages up to 1,000 square feet in size to be built on lots up to 0.5 acres in size. The developer is proposing a maximum detached garage size for this development of 650 square feet in size. This modification is reflected in the attached PUD Agreement. Detached Rear Garage Setback (with alley): The R-2 code requires that a detached garage adjacent to an alley must be set back a minimum of 10' from the alley. The developer is proposing a setback of 12' for a detached garage from an alley. This modification is reflected in the attached PUD Agreement. . The Planning Commission reviewed the attached PUD Agreement at its March 14,2006 meeting and determined that the agreement was complete and/or adequate for this particular development. The Planning Commission recommended approval of the attached PUD Agreement. Attached as Plan B to the above-mentioned PUD Agreement are the Sunrise Ponds PUD Design Standards as developed jointly by City staff and MW Johnson, the builder for the development. Staff and the Planning Commission have expressed a desire to make this particular development unique both in layout and architecture. The design standards are a way of achieving the higher quality architecture that is desired for this development. The design standards provide specific guidelines regarding siding, color, elevation design, roof design, window design, trim, and front porches. In addition, the design standards provide specific guidelines for attached and detached garages. Staff wants to note that the developer has agreed to supply a minimum of 10 floorslbase plans and each base plan will have 2 distinct elevations. It is also mentioned in the design standards that no two neighboring homes will be identical. The Planning Commission did review the attached Design Standards at its March 14, 2006 meeting and recommended approval of the attached Design Standards. Housing Types The Developer is proposing a variety of detached townhome units for this development. The proposed housing units will vary in size from approximately 900 square feet to 1,800 square feet in size. The units are being proposed to be affordable units. . Homeowner's Association The internal streets (Streets A, B, C, D, E, F) and alleyway as well as the park/open space in the southwest comer of the development will be privately owned. A homeowner's association will take . control ofthe maintenance of all privately held areas within this development. Transportation The development is located adjacent to one existing roadway - Cambodia Avenue. The plat shows the westerly extension of 21 oth Street through the northerly portion of the site. 210th Street is being proposed to be constructed as a 70' right-of-way with a 33' wide street from curb to curb. There will be no parking allowed on 210th Street. The traffic generated by the development of this site will utilize, at least temporarily, Cambodia Avenue and 213th Street for access to and from Trunk Highway 3. The 210th Street connection to Highway 3 is critical not only for the Perkins property but for the future development of the east side of Farmington (Devney and Winkler parcels, etc.). Shelly Johnson, the City's Transportation Engineer, indicated in a memo dated March 14,2006 that the City "may consider allowing the Perkins property to develop, in total, without the 2l0th connection with the caveat that progress is being made to provide the 2l0th Street connection to TH 3. A plan that identifies the schedule to complete 210th Street connection to TH 3 should be in place before the Perkins property is allowed to develop fully". Once this initial extension is provided through the Sunrise Ponds plat, the last remaining section of land needed to make the connection between Highway 3 and Cambodia Avenue will be the former railroad property that is now a part of the Regan property located to the west. Cambodia Avenue, with the exception of a portion in the northeast comer of the plat, is not within the . plat boundary. The City is requiring that the developer upgrade and extend Cambodia Avenue north to their plat boundary. The majority of Cambodia Avenue that is adjacent to this development (but outside of the platted area) is currently owned by Empire Township. However, the City and Empire Township have agreed that Empire Township will deed the affected portion of Cambodia Avenue to the City of Farmington. The only other portion of Cambodia Avenue affecting this plat that is outside the plat boundary and not currently owned by Empire Township is located on the Kral property. The developer has obtained an easement agreement with Mr. Kral for public road, trail, drainage and utility purposes. It should be noted that the portion of Cambodia Avenue extending north from 2l3th Street to 210th Street was annexed at the same time the Sunrise Ponds property was annexed. This annexation became effective on March 9,2006. The remaining private roads within the development are 30' feet in width as measured from curb to curb and are private streets. Planning Commission Meeting - March 14, 2006 The Planning Commission reviewed and recommended approval of the Sunrise Ponds PUD Preliminary Plat on March 14, 2006, contingent upon three issues. These issues are: . The satisfaction of any Engineering and Planning comments . . . . . Obtaining permission from the electric company to have a shared driveway within the electric easement on Lots 1,2, and 3, Block 1. . The placement of a tot lot within the park/open space adjacent to the gazebo* *This contingency was added by the Planning Commission at its March 14, 2006 meeting. MUSA The City's MUSA Review Committee met on March 8, 2006 and recommended approval of immediately allocating MUSA for this property. The Council will review the MUSA Review Committee's recommendation at its March 20,2006 regular meeting. Engineering Review The Engineering Division has recommended approval of the Sunrise Ponds PUD Preliminary Plat contingent upon the satisfaction of any engineering requirements. ACTION REQUESTED Approve the resolution for the Sunrise Ponds Preliminary Plat and PUD Agreement contingent on the following requirements: 1. The satisfaction of any Engineering and Planning Comments 2. Obtaining permission from the electric company to have a shared driveway within the electric easement on Lots 1, 2, 3, Block 1 3. The placement of a tot lot within the park/open space adjacent to the gazebo Respectfully submitted, .~CU~ Tony Wippler, Assistant City Planner Cc: Bridgeland Development Co. Terra Engineering RESOLUTION NO. . APPROVING THE PRELIMINARY PLAT AND PUD AGREEMENT SUNRISE PONDS PUD 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 20th day of March, 2006 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, the preliminary plat of Sunrise Ponds POD and POD Agreement are now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held for the preliminary plat and subsequent PUD Agreement on March 14, 2006 and recommended for approval 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 City Council reviewed the preliminary plat and PUD Agreement; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above preliminary plat and PUD Agreement be approved with the following stipulations: . 1. The satisfaction of any Engineering and Planning Comments 2. Obtaining permission from the electric company to have a shared driveway within the electric easement on Lots 1,2,3, Block 1 3. The placement of a tot lot within the park/open space adjacent to the gazebo This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day of March, 2006. Mayor Attested to the _ day of March, 2006. Interim City Administrator . z :5 "- -' o ~ z o u z :z: o '" i:il t o ffi ~ w r: <.> B ~ ::. z~z:"""" <o.<w ~ ~d~!l it ~~~~~ I:~I!~!: << <<<< ;0:: ~=Cl:f~=~ <~ aa;aaaa ~~ a:Q:XQ:Q::a::c:: I > ~::::::: ~~~w~ ~ C"):wco- ~ 0' i ~ :....! :: ~ 3 i~~ ~ 8 : <<-N- ~s t ~ ~ ~;~ ~w ! ~ r 8~~ ~~ ~~ ~ ~~~ s~ Q~< 101 "'~..... :::I < gui ~i ~oi !iri ~ f~ ~.~.~~ I~tih ~~ :a; ~~~~~~ i!~. ~~S~O~< ~~.NO= ~~~5 E tli.i-'~o~~~~[2;tJ F- ~ I!! ~~ ! i\i'll!{ \ ~ · ~~~H; ...', dg : i~; ~!!il \''b : ii~ \l~ I " " ~~~l / ,Li;A .~.... g! I~' :0.1"'".........' ~J>"j ~:.~ ri:""'_--r---_\ lil I ~I 11:-", li.... 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I~i ~ ~i~~€~i!~ i~!il ggi i ~ ~ii ~ t~2~i-"ga ~~og~ ~~r. f 5.~ . ~hii!~;i id~~ ~..!; ~ ~~a ~ h,cm..~~ ...ii_ .~. r _~c 6" 5~~8=:oil ~5~~R i~~. ~ ~.~ II!~ ~li~lS~~ii: ;i~i~ 8~~; t ~.: elOl .!~i'\~blS eg,g.. ~.~ l ~ ~~i ~r ~.~.~.~ ~ u~o_. ~ ! > " ~ ehti~g~e ~i~~i ~i~ ei ; Ua 5~ m~;UBi ~dj~ M ;~ ~ h~ ~~ ~ ~ j l a ~ I l! i w ; ~i i ~ ~; ~ ! H :, u ~l!o $~! ~~ ;~: ~i s" < ~::: ~li ~ :ss ~3" n J ~ ~ ; ~ ~ JeW i ~i ~~ ~e Sir !i! :~ a ~g il>~ :Ul ;L 2~ &.8 !iB ll~ ;g ~~ ~ . . . . . . ~)(I{! 13 ;"{ B PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated ,2006, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (referred to herein as "City"), and Bridgeland Development Company, a Minnesota corporation (referred to herein as "Developer"). RECITALS A. Developer owns property situated in the County of Dakota, State of Minnesota, and legally described as follows: Lot 1 and 2, Block 2 Empire Liberty Addition (referred to herein as "Subject Property"), B. Developer has asked the City to approve a planned unit development for the Subject Property (also referred to in this Agreement as the "PUD"). C. Developer desires to have the Subject Property rezoned from A-I to R-2 Residential Planned Unit Development. D. Developer has applied for a preliminary plat of the Subject Property. 98382 1 NOW, THEREFORE, the parties agree as follows: 1. Conditions of Approval. The City hereby approves a rezoning of the Subject Property to R-2 POD subject to the conditions set forth in this Agreement, on condition that Developer enters into this Agreement, as well as the related Development Agreement dated , detailing a development plan for the Subject Property including the construction and installation of public improvements to serve the Subject Property. 3. Effect of Planned Unit Development Approval. For two (2) years from the date of this Agreement~ no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use~ development density, lot size, lot layout, or dedications ofthe development unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter~ notwithstanding anything in this document to the contrary, subject to non- conforming use rights the City may require compliance with any amendments to the City's Comprehensive Plan, Zoning Ordinance, official controls, platting or dedication requirements enacted after the date of this document. 4. Plans. The City grants approval to the development of the POD in accordance with the following plans which are on file at Farmington City Hall. The plans are not attached hereto. If the plans vary from the written terms of this Agreement~ the written terms shall control. The plans are: Plan A - Preliminary Plat for Sunrise Ponds Plan B - Design Standards 98382 2 . . . . 5. Zoning. Except as otherwise modified by this Agreement, the land use, design and other requirements and standards of the R-2 zoning district shall apply to the Subject Property. The following table indicates the allowed dimensional standards, including the approved deviations from the underlying district requirements: R-2 Residential Sunrise Ponds Zonin!! District pun Lot area (min.) 6000 sf 3300 sf Lot width (min.) 60' single family 36' (rear garage), at bldg front setback 37.5' twin home 46' (front garage), at bldg front setback Front yard setback 20' from public R/W 20' from public RlW 20' from back of curb (private street) Side yard setback 6' from side property line 6' from side property line . 20' from public RJW 20' from back of curb (private street) Rear yard setback 6' from rear property line 10' from rear property line 20' from public RJW 20' from back of curb (private street) Max. bldg. height 35' (to mid roof) 35' (to mid roof) Max. lot coverage 30% 45% of all structures Max. net density 5.5-6,5 units/acre 6.4 units/acre actual Detached rear garage 1000 sf 650 sf . . maJClmum Size Detached rear garage 6' from side property line 6' from side property line side setback 20' from back of curb (private street) Detached rear garage 10' (with alley) 12' from edge of alley rear setback . Detached rear garage 20' 20' maximum height 98382 3 Private streets are proposed to be 28' wide face-to-face (30' back-to-back) with parking allowed on one side only. The current City standard for private streets is 24' wide face-to-face with no parking allowed on either side. No sidewalks are proposed adjacent to the proposed private streets per current City standards and the recommendation of the City Park and Recreation Department. . 6. Compliance with Permit and Licenses. It is the responsibility ofthe Developer to obtain and comply with all necessary approvals, permits, and licenses from the City of Farmington, Dakota County, the Town of Empire, Minnesota Pollution Control Agency, Minnesota Department of Health, and any other regulatory agency affected by or having jurisdiction over the site. All costs incurred to obtain said approvals, permits, and licenses shall be the responsibility of the Developer. 7. Compliance with Laws and Regulations. Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and . Federal laws and regulations, including but not limited to the Farmington City Code, planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations in effect during the course ofthis development or Agreement, and agrees to comply with such laws and regulations. 8. Enforcement Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. Developer shall pay in full all bills submitted to it by the City within sixty (60) days after receipt. Bills not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. 9. Miscellaneous. A. Breach of any material term ofthis Agreement by Developer shall be grounds for denial of building permits, . 98382 4 . B. If any material portion, section, subsection, sentence, clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by Developer, their agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. C, The action or inaction of any party 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 ofthe City Council. The City's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release, D. This Agreement shall run with the land and shall be recorded in the . Dakota County Recorder's office. E. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. F. Third parties shall have no recourse against the City under this Agreement. G. Except as otherwise specified herein, Developer shall pay all costs incurred by them or the City in conjunction with the development of the POD, including but not limited to Soil and Water Conservation District Charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement. H. 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 98382 5 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. 10. Notices. Required notices to Developer shall be in writing, and shall be either hand-delivered to Developer, its employees or agents, or mailed to Neal Krzyzaniak at Bridgeland Development Company by registered mail at the following address: 10657 165th Street West, Lakeville, MN 55044, Notices to the City shall be in writing and shall be either hand-delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Farmington City Hall, 325 Oak Street, Farmington, Minnesota 55024. CITY OF FARMINGTON By: . Kevan A. Soderberg, Mayor And Robin Roland, Acting City Administrator BRIDGELAND DEVELOPMENT By: Neal Krzyzaniak Its . 98382 6 . . . STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20_, by Kevan A. Soderberg and Robin Roland, the Mayor and Acting City Administrator ofthe City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATEOFMINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20_, by , the of Bridgeland Development Company, a Minnesota , on behalf of said Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 [JJJ] 98382 7 Sunrise Ponds PUD Design Standards . Listed below are the building material and design guidelines proposed for the new Sunrise Ponds PUD. The design standards were developed with the intention of giving the future homeowners a wide range of home designs to choose from. hnplementing the design guidelines below will permit the new homeowners to take advantage of the PUD zoning and allow them to customize their homes from the assortment of options. A) Exterior material guidelines (minimum) 1. Siding: vinyl, shakes, stone, or brick. The front of the structure will be a minimum of 15% brick or stone. At least 10% of the front will be vinyl shakes. The balance will be vinyl siding. There will be a large assortment of colors and textures to choose from. 2. Each elevation shall have projecting architectural features such as bowed or bay windows, columns, building offsets, window recesses, or overhangs. 3. Colors: minimum of six siding and shake colors. No two adjacent houses will have identical front elevations. 4. Roofing: asphalt or fiberglass shingles. Throughout the development, roof lines will have variations in plane accomplished by dormers, gables, or hipped roofs. 5. Windows: energy-efficient vinyl. Window features may include arches, shutters, wraps (trim boards), awnings, or flower boxes. 6. Each front elevation and elevations on comer lots that face the street shall have window wraps. 7. Trim: vinyl, shake, stone, or brick options available. 8. Soffits and fascia: aluminum 9. Foundation: concrete poured walls or block 10. Front porches shall be required on 20% of the homes. They may encroach into the front yard setback by 5 feet. . B) Detached or attached garages The choice (detached vs. attached) will be allowed on any of the units. However, both types of garages will have the same type of siding and soffits and fascia as the associated houses. Both types of garage roofs shall have similar roof pitches and shingles as the main house. Any windows, doors and other details should be the same as the main house. Garage height shall not exceed 20 feet, per the City of Farmington code. C) Multiple floors plans and elevations 1. A minimum of 10 floor plans shall be required. Reverse floor plans are counted as different floor plans. 2. Each floor plan shall have a minimum of 2 distinct elevations. No two neighboring houses will have identical front elevations. . /)/ ( ~ ~? l~ . o -1 -11- .OL W::) I-O~ <(ON I- 0 U)WLO ill-1LO <( -10Z <(ZI:= ill n/ W . LL(LZ OL(LO ~II- L00 Z I~I:= OL"IOL 00<( U-NlL ... ::, .. , ;., .. IF' III ~ Il/ o ~~ :1:111 ~Qo iO~O! Q::J<t :1:0>- ) .d. '& <l. ~ .d. .,.. ~~ . Ul ~-g O~Jr"I >::>:l1h. . E J.mH . ~ " ~ Q . it; m.. 1:I U - ; a ~ ~ z" " i a ~ ~ ~ ~ i. ~ ~ ~ . -,z 1~~ ~ 01 ~ ~ C t- U W ~ ll. ~ ~ u II) .... z Q) w ::> Q) U _c 15 z OJ 0 Q) .. Vi C :x: z c-- Q)~ .... ~ :::> -- ~ lf1 ~ w ~ 0 ~ I t;j L- w " a: ~ z .... 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Q) - ro E 'x o l- e.. e.. ro Q) I- ro en c o ; ro :J u ro u ro Q) I- ro "0 c ro Q) u c ro - .!!2 o Q) - o z . . . 3 NUMBER I 'NEWHI:ll'E,~A --- z o f--l f- f--l o o <( f- W W IT f- en I f- eo o ru 't- ~ ~ IT <( 0... ---.l <( f--l IT f- en => o Z f--l z o f- 19 Z f--l L IT <( LL ! ~ 1~ J f .. S ii- .a H ! ~ ~~ ~ E: :; '0" ~ u~ j ~ H . ~ lj f ~ g h~; ii~~ ~,!I .f:;J .~ is 1 ~ .: d z ~~ i i-;lo~lU n ! II ij ~! i U ~~ ~ j ~ 11 t j~ ~ - ~ l:s ~ if~ ~ 1! ~ 1 ~ ~ ~ Ii 1 0 d ~ H~l =tl t; .8g ~;!-4 ~i ~ U 1{ ~t :: ,!I" h ~'i ~ 11 ;" ~:g~";1 -ii 1l~ ~ :U ,.., ii (9: ~ () f-- ~') -7 ~- f--I [1 : <[ ~L DRAW'NG NUMBER SAFCOPROOlCTS . NeWHOPE.MJI/IlIESOTA -11>-.-...........- I DRAWIN. ~M"""" ~O, -=.-.,.- - - - - - - - - - N4:;W-t'- ~7 - ~ H >- UJ ~ ~ UJ ...J co: U CJ') t 1 ~ ~ 's' ~ ~ .~ ~1~ At ~~< jH ~ 3-5 ] 1's ;~] - ~~ I ~o t J.I ~ a ~EH h "'~1 ~ilJ ~ e.s~' ~ iil~ t ~! :;Js~l "^::;~ fll, ~:gh <'~: ~.. ~1U Ii H h~f "I H nfr~t; H ~ ~~i H iJP ~~ i,,~i _!~ lS:;a!J5 Q un ~I~ IHi t Jit~j 'iii j. IIH t:,h jt!>!:! H!] h un u >-8 e S 'S 0 h~J d 18,- ~:: w', ~ I~ ,~ ~ Ii I" I I I I, " -~ <[ f--I [L f-- ~ -r: u: <[ [L ~ :) () ~- f--I IT) OI'Elt M.Oil.Sf,DOH ~ ! s i ~ . :< .~ , 8 J. ~ j ~. J j jJ! 'S lj i f~ <3 z~ .. u J! ~ ; ~ iJ! ~j If ~ . is.!! ,.-8 !j~ C\J -,' -I -c:-t o ~~ ~ g I ! ! i ~ . ~~ H U's II d~ U~~ ~E U () -7 -r'''+ I I I I ,,.., ~ ~ I .~, I I I I I I I I I I I o 125 I ~~ I ~~ I C) <:[ I f-- " -~ '~ ~~ i ~ ~' I ;1 ~ , ;; f--- : 1\; ~~; : i ~ ~ ~ : ~I c:: , i:I~ f--- : is ~r; , , " ......-..; , . : ~ - T- : i ~.-.: I , .' .., ., I I I , I , I I ~ 's -8 ~ ~ 1 j ~ ! ~ f i ~ ~ ~~ ,.~ j;!g ~! ~i ul 2. ;~.. .~ ~:: ~ - "'~. ~ i!'~~ i;l~i iu ~!i ~i! ...J~ w Q !'5 ~i ~ ~~ Ji' !~~ ~ :i ~il - ~;! - ~!: . IH 0 ". ~...:: I "-' m ;:J ii= :;~ ~~; hL sri: S.H .i.. ~t=~ I~~! D. <( :::;: z o H I- <( U o --.J o C\J cr: , : >- , '" C\J 5- u UJ CJ') ~ ---.d. z ~ !i . . . 10-5-21: IP INDUSTRIAL PARK DISTRICT: SJ.PP"'-1 (/lH~i;'!7 Pagelof2 {~Li; fvt' fl'i1;"lZ. f->c:fz ':-11 ('-it."). <(-.... d' __.....,. I I"'" 1\.' r ii' I t: ~- /!' I ~J ',\ Ie;.. 'Jl;> <. l."'.,I\) : n C'v :,. ~/ 10-5-21: IP INDUSTRIAL PARK DISTRICT: (A)Purpose: The IP industrial park district allows for existing industrial uses within the city and promotes high quality architectural, landscaping and site plan development standards for new industrial development in order to increase the city's tax base and provide employment opportunities. (B)Bulk And Density Standards: 1. Minimum Standards: Lot area Lot width Front yard setback Side yard setback Rear yard setback Minimum side and rear yard abutting any residential district Off street parking and access drives 10 feet Public and semipublic buildings 35 feet Recreational, entertainment, commercial 50 feet and industrial uses 40,000 square feet 150 feet 50 feet 25 feet 25 feet Height (maximum) 45 feet Maximum lot coverage of all structures 35 percent All standards are minimum requirements unless noted. (C)Uses: 1. Permitted: Light manufacturing facilities. Office showroom. Office warehouse. Research facilities. Warehousing facilities. (Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-2003) 2. Conditional: http://66.113.195.234/MN/Farmington/13005000000021 OOO.htm 3/24/2006 10-5-21: IP INDUSTRIAL PARK DISTRICT: Page 20f2 Bus terminal. Child daycare facilities, commercial. Manufacturing facilities. Public utility buildings. Truck terminal. (Ord. 002-469,2-19-2002; amd. Ord. 003-498, 9-15-2003; Ord. 005-530, 5-16-2005) 3. Accessory: Parking lots. 4. Interim: Mineral extraction. (Ord. 002-469,2-19-2002; amd. Ord. 003-498, 9-15-2003) http://66.113.195.234/MNlFarmington/13005000000021000.htm 3/24/2006 . . . . . . 10-6-9: SCREENING: Page 1 of 1 10-6-9: SCREENING: The screening required in this section shall consist of a fence, wall, landscaping or earth berm and shall not encroach into public right of way. Natural features such as differences in elevation and tree masses may negate the need for man made screening in certain areas: (A)Screening In Residential Districts: Screening shall be required in residential districts where: 1. Any off street parking lot contains more than six (6) parking spaces. 2. Any material and equipment is stored other than recreational equipment, construction material currently being used on the premises. (B)Screening In Business And Industrial Districts: A one hundred percent (100%) opaque screen consisting of: 1) a six feet (6') to eight feet (8') wooden opaque fence and landscaping, 2) landscaping and berms, or 3) a combination of both shall be required in business and industrial districts where: ----- -----., 1. Any structure, parking or storage is adjacent to and within one hundred feet (100') of property zoned for residential use. 2. Any side or rear yard of a business or industry that is across the street from a residential zone. ~Any material and equipment stored outside except in display yards or for those bei~;-] ~sed for construction on the premises. ~ (C)Screening Of Stored Waste Material: Screening shall be required in all districts where waste material is stored other than in an enclosed building. (Ord. 002-469, 2-19-2002) (D)Screening Of Roof Mounted Equipment: All new construction in the R-1 (nonresidential uses only), R-2 (nonresidential uses only), R-3 (nonresidential uses only), R-4, R-5, B, 1-1, IP, SSC, business/commercial flex, and mixed use zoning districts shall require rooftop equipment to be centrally located, except in cases where the property owner can show that this is not feasible, in which case the most unobtrusive feasible rooftop location shall be used. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. (Ord. 005-545, 10-17-2005) http://66.113.195.234/MN/Farmington/13006000000009000.htm 3/24/2006 10-6-10: LANDSCAPING: Page 1 of 11 10-6-10: LANDSCAPING: . (A)Purpose: The purpose of this landscaping regulation is: 1. To provide vegetation to enhance the architecture of structures and soften and enhance the visual impact of buildings and paved areas. 2. To minimize environmental effects of a development on a particular site and surrounding area by providing shade, erosion control, air purification, ground water recharge, oxygen regeneration and noise, glare, and heat abatement. 3. To protect and preserve the appearance, character, and value of property and thereby promote the general welfare of the city. 4. To buffer conflicting land uses and enhance the quality and appearance of the entire site. (Ord. 002-469, 2-19-2002) (B) Landscape Plan Requirements: Plans for required landscaping in the B-1, B-2, B-3, B-4, SSC, IP and 1-1 districts and for multi-family dwellings shall be submitted to the planner for approval before any permits are issued. The plan shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan. A registered landscape architect, registered architect, certified arborist, horticulturist or landscape designer shall prepare the plan. (Ord. 005-526, 3-21-2005) . (C)Landscape Plan Contents: A landscape plan shall include the following information: 1. North point and graphic scale, not less than one inch (1 ") to one hundred feet (100'). 2. The name of the project; developer; owner; and the person who prepared the plan, with their professional designation; and the date and revision dates of the plan. 3. Accurate final grades at two foot (2') contour interval. 4. The location and dimensions of all existing and proposed structures, parking lots and drives, curbs, sidewalks, refuse disposal areas, fences, storm drainage systems, freestanding electrical equipment, recreational facilities and other freestanding structural features as determined necessary by the city. 5. The location, size, and type of all overhead, at grade, and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation. 6. The location, type, sizes and quantity of all proposed landscape materials shall be delineated on the plan. Proposed plant material shall be shown at maturity and called out on plan by common name or appropriate key. . 7. All plans shall be accompanied by a list or schedule of proposed landscape material, including common and botanical name, the quantity of proposed plants and trees, their height, caliper or gallon size and any requirements during installation. http://66.113.195.234/MN/Farmington/130060000000 1 0000 .htm 3/24/2006; 10-6-10: LANDSCAPING: Page 2 of 11 8. Location of hose connections and other watering sources including the location of irrigation systems. . 9. Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protecting the vegetation must be illustrated and explained. Any existing trees, twelve inch (12") diameter or larger measured at four and one-half feet (41/2') aboveground that are proposed for removal, must be included on the plan. 1 O. Water permeability test results are required to be shown on the landscape plan. See subsection (E)2 of this section for testing techniques. (D)General Landscaping: 1. Landscaping Required: All areas not covered by buildings, paved areas, or other acceptable improvements shall be finish graded and installed with turf grass or other acceptable plant material. 2. Developed Uses: In all residential, business and industrial districts, except in B-2, developed uses shall provide a landscaped yard along all public streets. This yard shall be free from structures, storage and off street parking, except for driveways, and shall be at least ten feet (10') in depth. 3. Nonresidential: Where lots or parcels in any nonresidential zoning district are within one hundred feet (100') of a residential zoning district (R-1, R-2, R-3, R-4, and R-5) a landscaped yard ten feet (10') in width installed with a one hundred percent (100%) screen . (plant material, fence, etc.) shall be installed within the landscaped yard. 4. High Density: High density residential developments which range from seven (7) and sixty (60) units per acre shall include at least twenty percent (20%) of the parcel as landscaped open space and ten percent (10%) of the parcel must be developed for private recreation and/or common open space. 5. New Construction: New business construction in the B-1 limited business district shall maintain a minimum often percent (10%) of the site area as landscaped open space devoted to pedestrian use. 6. Off Street Parking: Any off street parking lot containing more than six (6) parking spaces shall be landscaped along the perimeter of the parking lot as follows: (a) Number Of Plant Materials: One tree and three (3) shrubs for every forty feet (40') of parking lot perimeter installed as close to forty feet (40') as possible along the parking lot frontage, allowing for utilities and intersection visibility requirements, in order to shade and enhance the appearance of the parking lot. Shrub plantings should be planted in groups of three (3) or more and installed to visually buffer the parking lot and roadway. (b) Minimum Landscape Area: A continuous non paved area at least ten feet (10') in width, shall be located between the edge of the parking lot and the property line. . (c) Plant Species: Large canopy trees should be installed to provide shade for parking spaces. Evergreen trees should be used to screen parking lots and interior roadways. " http://66.113.195.234/MNlFarmington/13006000000010000.htm 3/24/2006 , 10-6-10: LANDSCAPING: Page 3 of 11 . Visual buffers shall be a maximum of three feet (3') in height at maturity. No plant material or berm may be located so as to obstruct the sight distance of motorists entering or leaving the site. 7. Parking Lots: Any parking lot containing more than twenty (20) parking spaces shall provide landscaping as follows: (a) Number Of Plant Materials: A minimum of one tree and three (3) shrubs for every twenty (20) parking spaces is required. Each interior island shall have at least one canopy tree that does not impede vehicular visibility. (b) Location Of Interior Islands: A minimum of one interior planting island for every twenty (20) parking spaces is required and shall be dispersed throughout the parking lot with the final layout design subject to review by the community development department. (c) Interior Planting Island: The planting island shall have a minimum width of eight feet (8'), a maximum length of sixteen feet (16'), and a minimum area of one hundred twenty eight (128) square feet. A minimum of seventy percent (70%) of every interior planting island shall be planted with live plant material, such as trees, shrubs, ground cover, or turf grass. The shrubs and ground cover shall be a maximum height of three feet (3') at maturity. The remaining area of the interior planting island shall be covered with an organic mulch. . (d) Location Of Conduits: In cases where lighting conduits are installed within the interior planting islands, the conduits shall be located along the edge of the curb and not through the middle of the island in order to allow for the installation of plant material. (e) End Islands Of Parking Aisles: The end islands of all parking aisles and corners must be a minimum width of eight feet (8') and a maximum length of sixteen feet (16') for a single parking aisle or thirty two feet (32') for double parking aisles. The end islands shall be landscaped as required above. (f) Concrete Curbing: Concrete curbing is required for parking islands within the parking lot area. (g) Suggested Location Of Interior Islands For Safety: Parking lots shall be designed to promote safety for automobile drivers and pedestrians. In designing parking spaces, the driving aisles should be aligned towards the major destination as permitted by topography. This allows for pedestrian traffic to move through the aisles instead of crossing parking bays. One solution to quality parking is to locate a planting island between parked cars and install a sidewalk for easy access to the major destination as permitted by topography. Plantings may be located along the sidewalk to promote an aesthetic approach towards the building. 8. Screening Of High Activity Uses: All loading docks; commercial facilities with drive through services; automotive repair and service; car washes; and other similar high activity . uses associated with the building, adjacent to residential districts, shall be screened from adjacent property or street right of way by a six foot (6') opaque fence or masonry wall. ~Creening Of Storage Yards: In industrial and commercial districts, no outside storage http://66.113.195.234/MN/Farmington/130060000000 1 0000 .htm 3/24/2006 10-6-10: LANDSCAPING: Page 4 of 11 , areas shall be allowed nor shall any articles, goods, materials or storage tanks be kept in the open or exposed to public view or view from adjacent buildings, without prior approval . of the city. If outside storage is given city approval, all materials and/or containers and equipment, shall be screened one hundred percent (100%) from view. Required screening shall include: a) a six (6) to eight foot (8') high opaque wooden fence and landscaping; b) landscaping and berms; or c) a combination of both to fully screen the outdoor storage. 10. Screening Of Double Frontage Lots Adjacent To Collector And Minor Arterial Roadways: All subdivided land, included in all districts, which backs up to a collector or minor arterial street, either at right angles or parallel to the collector or arterial, shall provide for each double frontage lot an additional twenty feet (20') from the edge of the right of way line towards the property in order to allow space for buffering/screening along the back lot line. The developer shall be required to install the screening and this area may be screened by either a six foot (6') high wood fence with landscaping located between the fence and the property line, a berm with landscaping, a hedgerow, or an opaque landscaped screen. The plantings should be installed in order to provide one hundred percent (100%) screening of rear buildings from the collector or minor arterial street. (E) Planting Requirements: 1. Specifications: The minimum planting sizes for all plant material is the following: (a) Evergreen trees: six feet (6') in height as specified by the American Association of Nurserymen, except for the true dwarf varieties. (b) Ground cover plants: crowns, plugs, containers, in a number as appropriate by species to provide fifty percent (50%) surface coverage after one growing season. The species must provide seventy five (75) to one hundred percent (100%) surface coverage after two (2) growing seasons. . (c) Medium and large deciduous shade trees: two inch (2") caliper, as measured six inches (6") above the ground as specified by the American Association of Nurserymen. (d) Shrubs (deciduous and evergreen, including spreader and globe tree forms): twelve (12) to eighteen inches (18") in height. (e) Small deciduous or ornamental trees: minimum caliper of one and one-half inches (1 1/2") as specified by the American Association of Nurserymen, except for the true dwarf varieties. (f) Sod: as required to provide coverage and soil stabilization. Sod is required in the street side yard or front yard and seeding may be planted within other areas of the yard. (g) Turf and native grass: seeding as appropriate to provide complete coverage within the first growing season. 2. Soil Specifications: The landscape plan must contain results of a water permeability test. . A water permeability test is required in order to determine the type of soil the plant material is planted in. This requires a sharp shooter spade dug eighteen inches (18") into the ground. Fill the hole with water and if after eighteen (18) hours the hole still retains the http://66.113.195.234/MN/Farmington/13006000000010000.htm 3/24/2006 . ~'f,.. II, . . . ~ ~ '2- I - '()V Mr. Heinen has signed and returned the Contract for Private Development that was approved at the last EDA meeting. We will make it available for the EDA's Chairperson and Executive Director to sign it on Monday night. City staff and Mr. Heinen will then be able to provide Dakota County with a fully- executed copy of the Contract so that we can move forward with our efforts to get Dakota County to specify the minimum net sale proceeds that Dakota County will require the EDA to pay to Dakota County following the EDA's sale of the property to Mr. Heinen. 6. New Business a. 305 3rd Street - Former Liquor Store Building At its meeting on March 6, 2006, the City Council approved the Deed (see attached) transferring ownership of the "old" downtown liquor store to the EDA. The Deed has been forwarded to Dakota County for recording. City staff members have been researching the issue of prevailing rental rates in the downtown area. We will share our findings and recommendations with the EDA at Monday night's meeting. We have asked the City Attorney to prepare a generic draft of a Rental Agreement so that we can quickly finalize the terms of a lease after we have (a) gotten some direction from the EDA regarding monthly rent, length of the lease, etc., and (b) found a tenant that is suitable and that finds the EDA's terms acceptable. b. Economic Development Plan We have enclosed a copy of a document entitled "A Frameworkfor tile Creation of an Economic Development Plan for tile City of Farmington, " which was distributed to the City Council on March 20. The EDA's comments on this document would be appreciated. . We have also enclosed a copy of a City Council memo regarding the selection of a facilitator for a local "Economic Development Summit" that has been requested by the City Council, along with a copy of the related Request for Proposals [RFP] that the Council approved on March 20. The RFP was distributed on March 22 and 23 to the five recipients that are identified on the enclosed list. c. Metropolitan Council- Affordable Housing Needs Staff research is still in progress regarding the methodology that the Met Council used to calculate Farmington's expected or desired contribution to the region's affordable housing needs. We'll report back to the EDA when we have developed a better understanding of that topic. d. Dakota Future - 2006 Dakota County Economic Summit EDA member Paul Hardt attended the 2006 Dakota County Economic Summit in Rosemount on March 23, along with Kevin Carroll and Tina Schwanz. One or more of them will presumably be willing to comment on the event! e. Industrial Park - EDA -Owned Lot - Possible Site for Mobile Mini-Storage . The City Council has identified 21 oth Street between Highway 3 and Cambodia Avenue (see enclosed map dated November 4, 2005) as a critically important regional transportation connection. When the Biscayne Avenue north/south connection between County Road 66 (on the north) and Trunk Highway 50 (on the south) is completed, 21 oth Street will probably be the most important east/west connection . . . Q -.~ I Ole! The staffrecommendation is that the EDA authorize and direct the Executive Director and the Chairperson of the EDA to execute the Contract for Private Development. City staff and Mr. Heinen will then be able to move forward with our efforts to get Dakota County to specify the minimum net sale proceeds that Dakota County will require the EDA to pay to Dakota County following the EDA's sale of the property to Mr. Heinen (see Section 3.1 of the Contract). 6. New Business (Non-Procedural) a. 305 3rt! Street - Former Liquor Store Building ,At a prior HRA meeting, City staff presented a recommendation that ownership of the former City liquor store (on Elm Street) be transferred from the City to the EDA, so that the EDA can then (a) take responsibility for marketing the property to prospective tenants and (b) subsequently enter into any leases or contracts that may be required. The HRA indicated its support of this recommendation. A copy of the Quit Claim Deed that would be needed to effectuate this transfer has been enclosed. If the EDA shares the HRA's views regarding this matter, a motion to recommend that the City Council approve the proposed transfer of ownership would be in order. b. Economic Development Plan See enclosed staff memo, with attachments. c. Metropolitan Council - Affordable Housing Needs See enclosed letter from the Metropolitan Council dated February 17,2006 regarding future or projected affordable housing needs in Dakota County. d. Dakota Future - 2006 Dakota County Economic Summit See enclosed information regarding the 2006 Dakota County Economic Summit, which will be held at the Rosemount Community Center on March 23, 2006. Please contact Tina Schwanz at 651-463-1821 if you are interested in attending. e. Partners in Progress 2006 See enclosed information regarding Dakota Electric Association's 2006 "Partners in Progress" event, which will be held at the Royal Cliff banquet center on March 8, 2006. Please contact Tina Schwanz at 651-463-1821 ASAP if you are interested in attending (February 27 RSVP deadline). 7. Executive Director's Report A verbal update may be provided at the meeting regarding ongoing or anticipated matters involving housing and/or economic development (other than those referred to above). 8. Adjourn \ - 0\ . . . - OLP Memo to that effect was prepared for the City Council's meeting on January 3, 2006. I forwarded a copy of that Memo to Dan Rogness of the Dakota County CDA. He then contacted me to indicate that upon further reflection, he was concerned that attempting to meet the federal government's "low/mod income" requirements might be unduly burdensome to the City and/or to prospective developers of the Riste site. [would therefore like to discuss this topic with the HRA on Monday night to see if a modification of the HRA's prior CDBG recommendation might be appropriate. c. 305 3rd Street - Former Liquor Store Building Staff will be asking the HRA for authorization to direct the City Attorney to prepare whatever real estate documents may be needed to transfer ownership of the former liquor store to the EDA, so that the EDA can then (a) take responsibility for marketing the property to prospective tenants and (b) subsequently enter into any leases or contracts that may be required. d. Appointments to EDA City Council member David McKnight was appointed to the EDA on January 3,2006. Chad Collignon (an employee or officer of Round Bank) was appointed to the EDA by the City Council on January 7, 2006. They will officially take office in February. e. Economic Development Plan Staffs expectation is that the EDA will playa pivotal role in the development of a long-term Economic Development Plan for the City. At Monday night's meeting, staff will present some options regarding the level or nature of the EDA's involvement in that process, and outline the anticipated components of the Plan. With regard to the latter, one of the most critical (and, frankly, time-consuming) elements of the Plan will be a comprehensive analysis of speci fie regions of Farmington that currently include commercial operations or that could serve as future locations for business development or expansion. Preliminary staff work in this area has resulted in the two maps that I have enclosed, which depict specific commercial/industrial areas in the northern and southern halves of the city. Refined versions of these maps may be available for preliminary discussion at Monday night's meeting. 7. Executive Director's Report A verbal update may be provided at the meeting regarding ongoing or anticipated matters involving housing and/or economic development (other than those referred to above). 8. Adjourn