The URL can be used to link to this page

Home My WebLink About02.03.03 Council Packet City of Famrington 325 Oak Street Famrington, MN 55024 Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING February 3, 2003 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (1/21/03 Regular) b) Adopt Resolution - Gambling Event Permit - Administration c) Approve Temporary On-Sale Liquor License - St. Michael's Church - Administration d) Appointment Recommendation - Parks and Recreation e) Adopt Resolution - TH3 Bridge Agreement - Engineering t) Capital Outlay- Public Works - Engineering g) Set Board and Commissions Interview Date - Administration h) School and Conference - Police i) School and Conference - Community Development j) City Attorney Reappointment - Administration k) Senior Center Name Change - Parks and Recreation 1) Approve Hoisington Koegler Agreement/Opportunity Grant - Community Development m) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) December 31, 2002 Preliminary Financial Report - Finance Action Taken Introduced Approved R3-03 Approved Approved R4-03 Ir(ormation Received Tabled Information Received Approved Approved Approved Ap{Jroved Approved Information Received b) Adopt Resolution - Middle Creek 6th Addition Development Contract - Engineering c) Charter Communications - Administration 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Adopt Resolution - 2003 Sealcoat Project - Engineering 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street Farmingto~~55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING February 3, 2003 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (1/21/03 Regular) b) Adopt Resolution - Gambling Event Permit - Administration c) Approve Temporary On-Sale Liquor License - St. Michael's Church- Administration d) Appointment Recommendation - Parks and Recreation e) Adopt Resolution - TH3 Bridge Agreement - Engineering f) Capital Outlay- Public Works - Engineering g) Set Board and Commissions Interview Date - Administration h) School and Conference - Police i) School and Conference - Community Development j) City Attorney Reappointment - Administration k) Senior Center Name Change - Parks and Recreation 1) Approve Hoisington Koegler Agreement/Opportunity Grant - Community Development m) Approve Bills ~. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) December 31 t 2002 Preliminary Financial Report - Finance Action Taken Pages 104-110 Pages 111-112 Pages 113-114 PaKe 115 Pages 116-124 Page 125 Pages 126-127 Page 128 Page 129 Pages 130-137 Page 138 Pages 139-146 PaQe 147 Pages 148-149 b) Adopt Resolution - Middle Creek 6th Addition Development Contract - Engineering c) Charter Communications - Administration 11. UNFINISHED BUSINESS 12. NEWBUSINESS a) Adopt Resolution - 2003 Sealcoat Project - Engineering 13. COUNCIL ROUNDTABLE 14. ADJOURN 7a- COUNCIL MINUTES REGULAR January 21, 2003 1. CALL TO ORDER The meeting was called to order by Acting Mayor Cordes at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Acting Mayor Cordes led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Cordes~ Fogarty~ Soderberg~ (vacant seat) Ristow Joel Jamnik~ City Attorney; Ed Shukle~ City Administrator; Robin Roland~ Finance Director; Kevin Carroll~ Community Development Director; Dan Siebenaler~ Police Chief; Randy Distad~ Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Jim Atkinson~ Assistant City Planner; Cynthia Muller, Executive Assistant Earl Teporten, Harbee Tharaldson~ Jeff Krueger, Dave Pritzlaff 4. APPROVE AGENDA MOTION by Soderberg~ second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Parks and Recreation Randy Distad was introduced as the new Parks and Recreation Director. b) Introduce New Employee - Police Inga From was introduced as the new Community Service Officer. 6. CITIZEN COMMENTS Mr. Jeff Krueger, 5324 186th Street, discussed Councilmember Cordes' comments from the January 6, 2003 Council meeting regarding her being a victim of coercion. Mr. Krueger wrote a letter to the editor of the Farmington Independent asking that an investigation be conducted. Councilmember Cordes has been notified of this and Mr. Krueger asked for her comments. Councilmember Cordes stated she used the wrong word. She was trying to think of a word quickly for political promises that were broken and coercion came to mind. She spoke with Chief Siebenaler and he asked her if she was threatened or forced into a vote, and she stated she wasn't, so there was no need for an investigation. Mr. Krueger stated so you are trying to tell us that you would have us believe that you were saying the incorrect word thinking that coercion meant a broken promise. Councilmember Cordes stated she was looking for a word that meant political /0'1 Council Minutes (Regular) January 21,2003 Page 2 promises were broken and coercion was the first word that came to mind and she used it in the sense of being persuaded to vote, not by force or being threatened, that was the word that came out. Mr. Krueger stated he was confused by that, because Councilmember Cordes did have a conversation with Jim Bell, when he spoke at the Council meeting, and he questioned her specifically on that word, coercion. Councilmember Cordes stated she was still using coercion as being persuaded to vote. She was not forced or threatened into a vote. Coercion was the wrong word and Councilmember Cordes apologized. Mr. Krueger then asked why Councilmember Cordes was not willing to listen to the voters who want Joanne Payne in the City Council seat. She was the third highest vote- getter, clearly by a wide margin. These are also the citizens who elected yourself and the other members and also Mayor Ristow as well. Why are you not allowing the voice of the voters to speak again and to allow Joanne Payne to be in that seat? Councilmember Cordes stated at the last meeting she did state that past precedent has been set and she is following past precedent. Mr. Krueger stated appointment is the correct course of action in this matter, but you can also appoint Joanne Payne and go with the will ofthe voters and do as they wish. Why is that not a consideration? Because it seems like it is not a consideration with you. Councilmember Cordes stated she has not said that. Mr. Krueger stated he realizes she has not said that. He is going according to her actions and the way Councilmember Cordes is speaking regarding this. Mr. Krueger then asked if in the past Councilmember Cordes has already had a person selected for this seat or had any type of agenda as far as putting forth her own candidate in order to proceed with her agenda as far as getting rid of City Administrator Ed Shukle? Councilmember Cordes replied she hasn't. Mr. Krueger then presented an article from the October 31, 2002 Farmington Independent which stated there were two individual sources that Councilmember Cordes had talked to after a meeting had taken place with the City Council and Ed Shukle. According to the article, Councilmember Cordes had stated she and Mayor Ristow had a candidate in mind to appoint in order to oust City Administrator Shukle. The article also states she and Mayor Ristow would take care of issues at Farmington City Hall once you get your own people in there. Councilmember Cordes asked Mr. Krueger to read the beginning of the article which states there were two anonymous sources. Anonymity is a beautiful thing. Those two anonymous sources cannot be released by the paper. The paper also has an obligation to make sure when things are said or printed they need to verify if they are true. The paper has not confirmed these statements with Councilmember Cordes. Mr. Krueger stated whoever these sources may be they mayor may not be able to put forth their names fearing possible retribution. Councilmember Cordes said to remember, anonymity is a beautiful thing. She knows she did not say that to people. Mr. Krueger then stated so you have no plans to get rid of City Administrator Shukle. Councilmember Cordes replied she has never said that. Mr. Krueger then repeated do you have plans right now to get rid of Mr. Shukle? Councilmember Cordes stated she has made her feelings clear on Mr. Shukle and his employment in Farmington. She has not held that back. Mr. Krueger then stated but you did vote for his appointment to that position, correct? Councilmember Cordes stated we did after much deliberation and also things were said when we were going through the appointment process. Mr. Krueger stated he has minutes where Mayor /05 Council Minutes (Regular) January 21,2003 Page 3 Ristow is quoted as saying there was some debate regarding the appointment of Ed Shukle but yet it was minimal and Council came to a unanimous agreement. Mr. Krueger stated that Councilmember Cordes has said that Mr. Shukle was not her first choice. And she did not think his qualifications were such that she would determine him to be a good administrator. Yet, at his six-month review, Councilmember Cordes also seconded a motion to increase his salary. At that six months, Councilmember Cordes could have terminated his employment, but instead voted to increase his salary. Why was that? Councilmember Cordes replied, at six months they were still evaluating Mr. Shukle's performance. City Attorney J amnik stated a summary was provided of the evaluation. Mr. Krueger stated according to the summary, the review of Mr. Shukle was based on his first six months as City Administrator. Mr. Shukle was judged to have met or exceeded all applicable evaluation criteria. Mr. Shukle received high ratings in the area of Council, public and interagency relations. Councilmember Cordes asked if the summary states how those ratings were broken down, because there were five Councilmembers evaluating him. City Attorney Jamnik stated the summary does not break down the individual ratings of the Councilmembers. Councilmember Cordes stated we each evaluate his performance individually. Certain points are established, and it is the average ofthose points that are given for the review. Mr. Krueger stated it was after this meeting you seconded the motion to increase his salary. In fact, it was more than what is typically given. Is that correct? Councilmember Cordes replied it was more, but Council did that in lieu of a car allowance. Council was also under a contractual obligation that if he met the criteria of a good review, whether certain individuals gave him a good review or not, to give him that raise. Mr. Krueger stated even though Mr. Shukle met the criteria after a six-month review, now you are saying he is inadequate as a City Administrator. Councilmember Cordes stated she never said he was adequate at six months either. Mr. Krueger then asked Councilmember Cordes if she could cite any instances where he has shown inadequacies? Councilmember Cordes said she has been told by legal counsel not to discuss that. Mr. Krueger stated we are the citizens ofFannington. Councilmember Cordes stated she is also protecting herself and the City of Fannington and she has been advised by legal counsel not to discuss Mr. Shukle's performance. Mr. Krueger then asked when this is going to be discussed, because he would like to hear about this before she puts someone else on the Council and then dismisses Mr. Shukle. Councilmember Cordes stated she cannot tell Mr. Krueger that and she does not know when she can tell him. That is under legal advice. Mr. Krueger then said you are still trying to tell us you do not have an agenda at this time to get rid of Ed Shukle? Councilmember Cordes stated she has never made it a secret she does not want him employed here. Mr. Krueger stated then you do have an agenda to get rid of him. Councilmember Cordes replied if you want to call it an agenda, then yes, I have an agenda. Mr. Krueger then added, which would include appointing your own person to the Council seat. Councilmember Cordes replied, however you want to look at it. Mr. Dave Pritzlaff, 20255 Akin Road, spoke regarding the vacant Council seat. He feels the third highest vote-getter should get the seat. He was appalled to read in the paper Council was taking applications. He hoped that during the application process, Council does not use a process that has qualifications. A person actually running for Council only needs to meet three qualifications - a citizen ofFannington, over 21 years of age, and IOC:, Council Minutes (Regular) January 21, 2003 Page 4 eligible to vote in Minnesota. If someone is brought in or has been on the Council before or has worked for other cities, and you look at those qualifications, it is unfair to the public that was doing their own work as far as running, and spending their own money putting a campaign together. It would be totally unfair if you select qualifications ofthat status. Qualifications should be on those three things. Mr. Pritzlaff stated Councilmember Cordes had a statement in the paper saying she had been coerced into voting for two things I didn't want to vote for, and that's not going to happen tonight. Mr. Pritzlaff assumed that had to do with the third highest vote-getter issue. Mr. Pritzlaff then stated Councilmember Cordes has answered part of his question, that she was not threatened to vote that way, but were you paid for it? Councilmember Cordes replied no, she was not. Mr. Pritzlaffthen asked how can Councilmember Cordes as an individual representing the city of Farmington still sit in her seat tonight saying that she voted for something that either someone else talked her into, or someone paid her for it. There has to be some logic as to why and how you were coerced or persuaded into saying that. We elect each and every one of you for your vote and your vote only. There are two other issues out there, the public does not know what they are. Is it a bigger topic than we think? What were those issues? Is it affecting some person's life? Their monetary life? Have they had to pay for a project or whatever? How is that impacting the public? Addressing Councilmember Cordes, Mr. Pritzlaff stated it is obviously not impacting you at all, because you're still sitting in your seat. Mr. Pritzlaff stated ifhe did something like that he would be embarrassed and he would walk. Councilmember Cordes has two years left. What assurance does the public of Farmington have, that when something comes up for a vote that it would be yours? Mr. Pritzlaff stated he would not believe any vote that comes from Councilmember Cordes, that it would be solely her vote. He thinks there should be an investigation done as to what the two issues were, and how she was persuaded. Mr. Pritzlaff feels Councilmember Cordes violated her Oath of Office. The residents need to know some answers and quick. A lot quicker than it is taking to fill this third seat. This is ridiculous. He said earlier we would be sitting in February without a full Council. You saw this coming and there is no reason for this. Mr. Pritzlaff does not know how Councilmember Cordes can assure the residents that anything she votes on for the next two years is coming from her, because he doesn't and he won't. 7. CONSENT AGENDA MOTION by Fogarty, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (1/6/03 Regular) b) Approved Church of the Advent Reuse Study - Administration c) Approved Change Order - City Facilities Project - Engineering d) Approved Towing Contract and Rate Schedule - Police e) Received Information Annual Report - Boards and Commissions - Administration f) Approved Appointment Recommendation - Administration g) Approved Appointment Recommendation - Community Development h) Received Information Capital Outlay - Public Works i) Received Information Police Department Training Agreement - Police 1(!)7 Council Minutes (Regular) January 21,2003 Page 5 j) k) Approved 2002 Pay Equity Report - Administration Councilmember Fogarty stated she assumed this is for a state agency. Staff replied the city is required to report to the state every three years on the pay equity status. Councilmember Fogarty asked ifit was time consuming to do this report and something that is necessary? Staff replied it can be time consuming because all the job classes are reviewed and then the report is run. Councilmember Soderberg asked if there was value to the information in the report? Staff replied there is. It shows that male and female classes are paid equitably and that the city is not lagging behind in pay for any class. The notice will be posted at City Hall. Set February 3, 2003 Public Hearing Farmington Heritage Landmark Designation - Administration 1) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Customer Service Response Report - Administration The Customer Service Response report for the third quarter of 2002 showed a 96% prompt response rating and satisfaction rating. Staff also received a 100% rating in terms of being courteous and helpful. Council requested a report for the fourth quarter as well as the entire year. This will be presented in April 2003. b) Building Permit Report - Community Development The city issued 55 new single-family detached housing permits and 90 new multi- family permits during the fourth quarter of 2002. The total for the fourth quarter is 145 new housing permits. Farmington ranked fifth in the metro area for housing permits. c) Adopt Ordinance - Amending the City Code to Allow Daycare Facilities- Community Development Staff presented an ordinance to allow daycare facilities in three zoning districts. Those districts are R-5 (high density residential), B-2 (downtown business), and BP (business park). Staffwas contacted regarding opening a commercial daycare facility in the vacant medical clinic on the Trinity Hospital site. Staff feels this would be an appropriate conditional use. MOTION by Soderberg, second by Fogarty adopting ORDINANCE 003-484 amending sections 10-5-10, 10-5-14, and 10-5-18 of the zoning code to conditionally allow commercial daycare facilities in the R-5, B-2 and BP zoning districts. APIF, MOTION CARRIED. IO~ Council Minutes (Regular) January 21,2003 Page 6 d) Adopt Resolution - Bristol Square 4th Addition Final Plat - Community Development Mr. Jim Allen, the developer, proposes to plat 30 townhome lots in the Bristol Square 4th Additional Final Plat. The property is located in the central portion of the Bristol Square development east of Glenview Townhomes. The Planning Commission recommended approval. Conditions include: Execution of a Development Contract and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. Any engineering issues be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division needs to be granted. MOTION by Fogarty, second by Soderberg adopting RESOLUTION R2-03 approving the Bristol Square 4th Addition Final Plat with the above contingencies. APIF, MOTION CARRIED. e) Charter Communications - Administration Staff received a letter from Charter Communications regarding rate changes effective February 15, 2003. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Soderberg: He has been asked by a number of people if Council intends to interview all applicants for the Council seat. Past precedent has been to interview all candidates and that is what will be done this time. Council agreed. Councilmember Fogarty: Felt the date for Council interviews should be set tonight for February 8, 2003 at 8:00 a.m. The interviews are open to the public and she would like staff to arrange for them to be broadcast on cable TV. Council would like to receive the applications ahead of time to review. Councilmember Cordes asked if Council and Board and Commission applicants would be interviewed at the same time? Councilmember Fogarty felt they should be separated. Council postponed Board and Commission interviews to give the new Councilmember a voice, otherwise Board and Commission interviews could have been held on January II as originally scheduled. Board and Commission interviews could be held on February 15, or depending on the number of Council applications, a second day may be needed for those interviews. 10=1 Council Minutes (Regular) January 21,2003 Page 7 Councilmember Fogarty also brought up the strategic planning retreat. She was concerned as to how far out it is being pushed. It is a goal setting retreat to determine what we want to accomplish this year. To have the retreat at the end of April gives us a really short time frame to accomplish goals. Staff thought it was a good idea to do this retreat. She would like to see the retreat moved up to possibly February. Last year it was held in April. The facilitator is available the latter part of April. Council agreed to bring available dates to the next Council meeting. Councilmembers Fogarty and Soderberg attended the Annual Fire Department meeting. There was a wonderful presentation regarding September 11. Three firefighters were recognized for 20 years of service. Mr. Gary Lawrence was named firefighter of the year. Councilmember Fogarty also attended the Community Expo, where there was a huge turnout. City Attorney Jamnik: At the December 16, 2002 meeting, he discussed that the city had been named as a defendant in a claim by Traveler's Indemnity in a landfill cleanup action. A settlement was reached and the agreement has been finalized. There are no defense costs incurred by the city. City Administrator Shukle: The Government Training Service is a non-profit organization that provides training to units of government. Mr. Shukle has been selected by the League of Minnesota Cities to fill a seat on the board. He will provide guidance as to the types of programs government agencies can obtain through this service. The meetings will be held quarterly. City Engineer Mann: He has been informed by Dakota County that Mayor Ristow has been appointed to the Vermillion River Watershed Planning Commission. 14. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 7:48 p.m. APIF, MOTION CARRIED. Respectfully submitted, /c.','7';?;)" , ;r;r?~ L-t.-~;~-1,,-t.--t:~~ :/ eynthia Muller Executive Assistant //0 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7b TO: Mayor, Councilmembers and City Administrator ~~. FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - St. Michael's Church DATE: February 3, 2003 INTRODUCTION St. Michael's Church is requesting a Gambling Event Permit for their Spaghetti Dinner, annual Spring Fundraiser and Fall Festival. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2003 budget. ACTION REQUESTED Consider the attached Resolution granting a Gambling Event Permit to St. Michael's Church at 22120 Denmark Avenue, on February 22,2003, May 7, 2003 and September 19-21,2003. Respectfully submitted, ~d'~a~ Lisa Shadick Administrative Services Director III RESOLUTION NO. R -03 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR ST. MICHAEL'S CHURCH 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 3rd day of February 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, St. Michael's Church has submitted an application for a Gambling Event Permit to be conducted at St. Michael's Church, 22120 Denmark Avenue, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for St. Michael's Church to be conducted at 22120 Denmark Avenue is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of February 2003. Mayor Attested to the day of 2003. City Administrator SEAL //~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7c. <t TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - St. Michael's Church DATE: February 3, 2003 INTRODUCTION St. Michael's Church is requesting a Temporary on-sale Liquor License for a Spaghetti Dinner, to be held February 22, 2003. DISCUSSION This event will be held on St. Michael's property located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT A City fee has not been established for a Temporary On-Sale Liquor License. In discussion with the Liquor Control Commission, staff was informed that the State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. ACTION REOUESTED Approve the attached application for a Temporary Liquor License for St. Michael's Church, 22120 Denmark Ave., for their Spaghetti Dinner, February 22, 2003. The City Council has not adopted a fee for this permit, and the State of Minnesota waives all fees in this type of situation, Council may waive any fees associated with this request. Accordingly, no license fee is proposed at this time. Respectfully submitted, ~1I.k~ Lisa Shadick . Administrative Services Director //3 Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE DATE ORGANIZED TAX EXEMPT NUMBER ~5 2~' 33 CITY STATE ZIP CODE r.v"",~ LiD", Ml'ol 5502Y- BUSThrnS HONE HOME PHONE ( "51) 4<0 '3 - 3 3lc> 0 () TYPE OF ORGANIZATION o CLUB DCHARITABLE 0RELIGIOUS DOTHER NONPROFIT ADDRESS ~~ ~5 Oy ~Vii2.~Y'\ ADDRESS ,. " r ADDRESS I' ,\ Location where license will be used. If an outdoor area, describe 22120 De.Y\Yt".l).Y~ Av-e... - SOC\~\ Ha\\ Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insur~n"ce?~If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) C~'t'Y\!;!_ 'c .~t~~ \ ~\'\Su.Y"'}V1u..... C..o. ~ 500 000 I APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMlTI'ING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS.09079 (6/98) "IIY 7e1 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463~7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator~ ( FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Parks and Recreation Department DATE: February 3,2003 INTRODUCTION The recruitment and selection process for the appointment of a full-time Solid Waste Operator has been completed. DISCUSSION After a thorough review by the Parks and Recreation Department and the Human Resources Office, an offer of employment has been made to Mr. Wade Enggren, subject to ratification by the City Council. Mr. Enggren has been employed in a temporary capacity with the City in the Solid Waste Division performing a variety of functions. He was previously self-employed providing lawn maintenance and snow removal services. Mr. Enggren meets the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2003 budget. RECOMMENDATION Approve the appointment of Mr. Wade Enggren as Solid Waste Operator in the Department of Parks and Recreation effective on February 4,2003. Respectfully submitted, At,' ;~;~~ "'AU/~.,~~/' / " - > .-:. /. c.-'-- ~'t I.'" . C ,..,.- : / Brenda Wendlandt, SPHR Human Resources Director CC: Personnel File / /.5' 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~s~ TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Trunk Highway 3 Bridge Agreement DATE: February 3,2003 INTRODUCTION Forwarded herewith for Council's consideration is a cooperative agreement with MnDOT regarding the Trunk Highway 3 Bridge Project. DISCUSSION At the July 16, 2001 City Council meeting, the City Council agreed to participate in the cost of a southbound right turn lane for the bridge that is to be replaced this year on Trunk Highway 3 just north of County Road 66. This turn lane would be necessary for the future connection of 208th Street from the west. The agreement provides for the City to pay a lump sum amount for the bridge costs due to the turn lane. BUDGET IMPACT The amount that the City will pay for the turn lane is $59,680, which is slightly lower than the original estimate of $61,000. The turn lane will be funded through the Road and Bridge fund. ACTION REQUESTED Adopt the attached resolution authorizing the City to enter into the agreement with MnDOT for the bridge turn lane costs. Respectfully Submitted, ~)YI~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file //0 RESOLUTION NO. R -03 ENTERING INTO COOPERATIVE AGREEMENT Mn/DOT BRIDGE REPLACEMENT PROJECT BRIDGE #19094, TRUNK HIGHWAY 3 Pursuant to due call and notice thereof, a regular meeting ofthe City Council of Farmington, Minnesota, was held in the Council Chambers of said City on the 3rd day of February, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, the City Council of Farmington has requested a southbound right turn lane to be included in the subject bridge project for the future connection of20Sth Street from the west; and, WHEREAS, the City Council previously indicated its agreement to fund the costs for the requested turn lane. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Farmington, Minnesota that: 1. The City of Farmington enter into MnlDOT Agreement No. 84353 with the State of Minnesota, Department of Transportation, to provide for payment by the City to the State for the City's share of the costs of the bridge widening construction and other associated construction to be performed upon Bridge #19094, along Trunk Highway No.3 under State Project No. 1921-74 to be let in conjunction with State Project No. 1920- 37. 2. The Mayor and City Administrator are authorized to execute the Agreement and any amendments to the Agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of February, 2003. Mayor Attested to the day of ,2003. City Administrator SEAL 1/7 PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 84353-R S.P. 1920-37 (T.H. 3=001) S.P. 1921-74 (T.H. 3=001) Fed. Proj. STPX 1903(168) The State of Minnesota Department of Transportation, and The City of Farmington Re: City lump sum payment for bridge widening construction by the State on T.H. 3 AMOUNT ENCUMBERED (None) AMOUNT RECEIVABLE $59,680.00 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Farmington, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 II~ 84353 WHEREAS, the State is about to perform grading, bituminous surfacing and bridge construction and other associated construction upon, along and adjacent to Trunk Highway No. 3 from 977 feet south of County State Aid Highway No. 66 to 1015 feet north of County State Aid Highway No. 66 partially within the co~porate City limits and on Trunk Highway No.3 from 2.6 miles south of County State Aid Highway No. 86 to 2.3 miles south of County State Aid Highway No. 86 in accordance with State plans, specifications and special provisions designated as State Project No. 1920-37 (T.H. 3=001), State Project No. 1921-74 and in the records of the Federal Highway Administration as Minnesota Project STPX 1903 (168); and WHEREAS, the City has requested and the State has agreed to, construct an additional traffic lane on Bridge #19094; and WHEREAS, the City has expressed its willingness to participate in the costs of the bridge widening construction and associated construction engineering in an amount equal to $59,680.00 as hereinafter set forth; and WHEREAS, a separate detour agreement will be prepared between the State and Dakota County to re-route traffic during the bridge construction; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. 2 ;/9 84353 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 1920-37 (T.H. 3=001) and State Project No. 1921-74 (T.H. 3=001) in accordance with State plans, specifications and special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are incorporated into this Agreement by reference. Section B. Direction and Supervision of Construction The State shall direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction shall be performed in compliance with the approved plans, specifications and special provisions. Section C. Plan Changes, Additional Construction, Etc. The State shall make changes in the plans and contract construction and enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. However, the State's Division Engineer at Roseville or his authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the construction contract. Section D. Satisfactory Completion of Contract The State shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory 3 /dO 84353 manner. Acceptance by the State of the completed contract construction shall,be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE II - INSPECTION BY THE CITY The contract construction shall be open to inspection by the City. If the City believes the contract construction has not been properly performed or that the construction is defective, the City shall inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the State's contractor has satisfactorily performed the contract construction. ARTICLE III - PAYMENT BY THE CITY The City shall advance to the State, as the City's full and complete share of the costs of the bridge widening construction and associated construction engineering to be performed on Bridge #19094 and along Trunk Highway No.3 under State Project No. 1921-74 (T.H. 3=001), a lump sum in the amount of $59,680.00. The City shall advance to the State, 30 days prior to the start of construction as determined by the State, the lump sum amount after the following conditions have been met: A. Execution and approval of this Agreement and the State's transmittal of it to the City. B. Award of the construction contract for the construction to be performed hereunder. Construction operations are scheduled to begin on April I, 2003. 4 /~I 84353 C. Receipt by the City of a written request from the state for the advancement of funds. ARTICLE IV - GENERAL PROVISIONS Section A. Plan Changes The City may request changes in the plans. If the State determines that the requested plan changes are necessary or desirable, the State will cause those plan changes to be made. Section B. Replacement of Castings The City shall furnish the State's contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State or the State's contractor, except for replacement of castings and parts broken or damaged by the State's contractor. Section C. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Section D. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by 5 IdOl 84353 each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section E. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section F. Agreement Approval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Ed Shukle, City Administrator, or his successor. His current address and phone number are 325 Oak Street, Farmington, MN, (651) 463-1801. 6 /c713 84353 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF FARMINGTON DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By District Engineer Date Approved: By State Design Engineer By Title Date Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Date 7 /d'l U\ I j ~ ~ 7-F City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator~ I. FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Capital Outlay - Public Works DATE: February 3, 2003 INTRODUCTION The 2003 Budget provides for the acquisition of a SUV or pick-up truck for the Engineering division. DISCUSSION The pick-up truck is being acquired through the State bid process, which eliminates the requirement to obtain bids. The cost of the GMC crew cab pick-up truck selected through the State bid from Nelson Dodge/GMC, is $28,500, including tax. BUDGET IMPACT The 2003 Budget allows $34,080 for the pick-up truck. The actual cost is within the budgeted amount. ACTION REQUESTED For information only. Respectfully Submitted, ~rn~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file / Olb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463~7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ ~t TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Appointments to Boards and Commissions DATE: February 3, 2003 INTRODUCTION This year a number of seats on various Boards and Commissions have expired on January 31, 2003. Traditionally the City Council has interviewed incumbents and new applicants for these positions and ultimately appoints at the following council meeting. DISCUSSION Articles were published in the December 12, 2002 and January 16, 2003 issues of the Farmington Independent and the November/December and January/February issues of the City Newsletter, informing residents of the availability of seats on Boards and Commissions. Information is also posted on the bulletin board on the Government Channel 16 and the City website. The deadline for applications was January 31,2003. Letters were sent to incumbents notifying them of the expiration of their term and requesting them to reapply if they were interested. The following is a list of terms that have expired on January 31, 2003: Heritage Preservation Commission 3 - three-year terms 1 - one-year term Park and Recreation Advisory Commission 2 - two-year terms PlaI1Jling Commission 2 - two-year terms Senior Center Advisory Board 3 - three-year terms Water Board 1 - three-year term The Council has traditionally interviewed on Saturday morning to accommodate the applicants' schedules. If it is Council's desire to do so again this year, it is recommended that a special meeting be set for Saturday, February 22, 2003 at 8:00 a.m. Interview periods comprised of 15- / ,;) C; minute time slots will be scheduled, and information will be provided to you prior to the meeting. ACTION REOUIRED Set a special meeting of the City Council on Saturday, February 22, 2003 at 8:00 a.m. at City Hall to interview incumbents and applicants. Respectfully submitted, ~fl~ Lisa Shadick Administrative Service Director I~/ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-71 II Fax (651) 463-2591 www.ci.farmington.mn.us ?~ TO: Mayor, CouncilmerOOers and City Administrator ~ ~\. FROM: Daniel M. Siebenaler Chief of Police SUBJECT: School and Conference DATE: February 3,2003 INTRODUCTION / DISCUSSION The Annual Minnesota Chiefs of Police Executive Training Institute will be held in St Cloud, MN April 14-17, 2003. The Executive Training Institute is the single largest training opportunity of the year for police administrators. In addition the event will host a trade show highlighting new products, information and technology in the area of law enforcement. BUDGET IMPACT Funding for this conference is provided in the 2003 budget. ACTION REQUESTED Information only. Respectfully submitted, ~" ". p/;f Daniel M. Siebenaler Chief of Police / ~<fJ 7' I City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us TO: {\ Mayor, Councilmembers, and City Administrator ", FROM: Kevin Carroll, Community Development Director SUBJECT: School and Conference - American Planning Association [AP A] Conference DATE: February 3, 2003 INTRODUCTION I am interested in attending the American Planning Association's ''National Planning Conference," which will be held in Denver between Saturday, March 29th and Wednesday, Apri13rd. DISCUSSION The American Planning Association's national conference provides more in-depth instruction and a much wider range of educational opportunities than are typically available at local conferences. Attending the AP A conference would provide me with opportunities to keep abreast of trends, issues, best practices and specific "success stories" in planning, land use, commercial and industrial development, downtown redevelopment, project financing, grant opportunities, and other subjects that are critical to Farmington's future. The timing of the conference would not require me to miss any City Council, Planning Commission or HRA meetings. I would be available by cell phone and bye-mail (at computer "kiosks" located at the conference site) during the two weekend days and three business days that I would be gone. BUDGET IMPACT The cost of this conference is included in the 2003 budget. ACTION REOUESTED Approve school and conference request to attend American Planning Association national conference for Com unjty Developm nt Director. / Re~Ub i~ 0 twin Carroll Community Development Director /d/ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7, J TO: Mayor, Councilmembers, City Administrator fie.. FROM: Lisa Shadick, Administrative Services Director SUBJECT: Reappointment of City Attorney DATE: February 3, 2003 INTRODUCTION Each year the City Council designates an attorney to represent the City as part of establishing annual organizational matters. DISCUSSION City Attorney - Joel Jamnik with the firm of Campbell Knutson respectfully requests reappointment as City Attorney for the year 2003. ACTION REQUIRED Reappoint the firm of Campbell Knutson as City Attorney for 2003. Respectfully submitted, ~iI-AM-~ Lisa Shadick Administrative Services Director /30 CAMPBELL KNUTSON Professional Association Attorneys at Law .. Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* "Also licensed in Wisconsin (651) 452-5000 Fax (651) 452-5550 John F. Kelly Matthew J. Foli Soren M. Mattick Marguerite M. McCarron Gina M. Brandt January 28, 2003 The Honorable Mayor and City Council of the City of Farmington 325 Oak Street Farmington, Minnesota 55024 Attention: Mr. Ed Shukle, City Administrator Re: 2003 City Attorney Reappointment Dear Mayor and City Council: It is our privilege to respectfully request reappointment as City Attorney for the City of Farmington for 2003. We appreciate the confidence you have demonstrated toward us regarding our services and we wish to thank all City officials and staff. Ifreappointed, we propose the following rates for 2003: $125 per hour for partners; $115 per hour for associates; and $75 per hour for assistants. Additionally, because of the growth over the past two years in criminal prosecutions, we propose to increase the combined "not to exceed" limit to $10,000 per month. If you have any questions concerning any aspect of our services or rates, please contact me. Very truly yours, CAMPBELL KNUTSON Professional Association JJJ :cjh B~~~.Y oel J. 1 ik Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 /3/ AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON, Professional Association .. THIS AGREEMENT, effective January 1, 2003, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by resolution of the City Council. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City ninety (90) days written notice before the termination becomes effective. 3. FEES. A. Campbell Knutson will provide civil municipal and criminal 1 59775.05 JJJ 01/28/03 /3~ prosecution legal services to the City for a total monthly amount which shall not exceed ... $10,000.00, billed at the following hourly rates: Civil Municipal Partners Associate Attorneys Legal Assistants $125.00 $115.00 $ 75.00 Legal services subject to inclusion in the combined $10,000.00 retainer are: 59775.05 JJJ 01/28/03 . Attending all City Council meetings, other City board, commission or committee meetings as required by the City Councilor City Administrator. . Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. . Reviewing all Council and Planning Commission agenda items and minutes. . Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department Heads and other staff on general legal matters. . Reviewing municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction and purchase of equipment. . Consulting on employment related issues. . Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. . Meetings with the City Administrator and Department Heads as needed to review Council agenda items, the status of all legal matters before the City and, as requested, the provision of a written status report on current litigation and unresolved matters. 2 /33 . Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. .. · Providing, on a periodic basis, written updates and training on new state or federal legislation or judicial decisions impacting the City, and suggesting action or changes in operations or procedures to assure compliance. · Reviewing bonds, deeds, securities and insurance requirements required by and for City contracts or activities. · Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. · Enforcing City ordinances, not including civil litigation or criminal prosecution. B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City, billed at the following hourly rates: Partners Associates Legal Assistants $105.00 $ 90.00 $ 35.00 All prosecution legal services will be included in the combined civil/prosecution retainer except the following: · Criminal appeals. · Forfeitures of motor vehicles and weapons pursuant to state law. · Prosecution of ordinance violations initiated by any City department other than the police department. These non-retainer legal services would be billed at the civil municipal hourly rate. 3 59775.05 JJJ 01/28103 /3c; C. Non-Retainer Matters: Non-retainer civil matters would include "" active representation of the City in agency or legislative proceedings, grievance or interest arbitration, real estate sales or acquisition, litigation and appellate matters, and all services provided to, or on the behalf of, the City of Farmington Housing and Redevelopment Authority. Services rendered are billed according to the actual time incurred, with a minimum increment of two-tenths of an hour. D. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $120.00 to $200.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. E. Costs: Out-of-pocket costs without mark-up. Costs include: · Westlaw and other computer-based research · Recording fees · Postage of 50~ or more · Photocopies at 20~ per copy · Long distance telephone calls · Litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) F. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement- for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 4 59775.05 JJJ 01/28103 /35 5. MISCELLANEOUS. .. A. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment: The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Farmington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in the same manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest, Attorney shall inform the City of the conflict. Attorney may: i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties; or iii) represent one client and withdraw from representation of the other client, with the informed consent of that client. If the City incurs outside legal fees due to Attorney's withdrawal from representation of the City, for matters that would have been included in the civil retainer, Attorney shall pay up to $3,000.00 per conflict of the legal fees for outside counsel actually incurred by the City. If the City incurs similar outside legal fees for matters that would have been outside 5 59775.05 JJJ 01/28/03 130 the civil retainer, Attorney and City shall each pay one-half of the outside Council's hourly .. rate to the extent it exceeds $100.00. Attorney's payments shall not exceed $3,000.00 per calendar year. D. Effective Date: This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. ,2003. CITY OF FARMINGTON Dated: BY: Gerald G. Ristow, Mayor BY: Edward J. Shukle City Administrator, Clerk Dated: J/~ , 2003. CAMPBELL KNUTSON Professional Association B~-~ - oe~ J. . Vice President BY: 6 59775.05 JJJ 01/28103 /37 71 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463~7111 Fax (651) 463~2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator~S FROM: Missie Kohlbeck, Senior Center Coordinator Patti Norman, Recreation Supervisor SUBJECT: Building Name Change- Senior Center DATE: February 3, 2003 INTRODUCTION The Senior Center Advisory Board recommends changing the name of the Farmington Senior Center to Rambling River Center. DISCUSSION The Senior Center Advisory Board's number one goal for 2003 is to increase Center memberships. One way they hope to increase membership is through an aggressive publicity campaign that includes changing the name of the Center to a more non age-specific name, Rambling River Center. The Advisory Board has discussed this several times in the past and has contemplated many names and Rambling River Center has become the clear choice. Most Senior Centers are aware that to attract the baby boomer generation to it's facilities and programs they will need an image change minimizing the use of words such as, "senior, elderly, mature" in the name and the negative connotations words such as these imply. The Pioneer Press quoting Aging Coordinator, Hal Freshley, of the Minnesota Board on Aging, read "Instead of heading to community senior centers, which recent retirees say are for "old people" members of younger generations are interested in going elsewhere." While the Rambling River Center will continue to offer much of the same programs and serve many of the same people the name change will help the Advisory Board and staff promote a new attitude and new direction for the Center which will include a younger generation of the aging population. ACTION REOUESTED Approve the name change from Farmington Senior Center to Rambling River Center. Respectfully Submitted, '- .."-,.,.,_._~ ".."~ \"'''- \ ~0e \ (..~-......~~~:" "'" ~ "\ ., Patti Norman ~ Recreation Supervi~ Missie Kohlbeck Senior Center Coordinator /31r 71. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminsrton.mn.us TO: Mayor, Councilmembers, and City Administrator ~). FROM: Kevin Carroll, Community Development Director SUBJECT: Approve Agreement With Hoisington Koegler Group Inc. DATE: February 3, 2003 INTRODUCTION City staff would like to retain Hoisington Koegler Group Inc. to assist the City with planning work related to the preparation of a Master Plan for the future development of the 450-acre area that is the subject of the "Opportunity Grant" that was awarded to the City by the Metropolitan Council last year. DISCUSSION Last year, the City was awarded an "Opportunity Grant" by the Metropolitan Council to assist with costs related to the preparation of a Master PIan for a future development area 10cated to the west of downtown Farmington. The application for that grant indicated that the City would be retaining a consulting ftrm to assist with the preparation of the Master PIan. City staff members have conducted recent meetings with representatives of Hoisington Koegler Group Inc. [HKG] to assess that ftrm' s willingness and ability to provide the type of professional advice and assistance that the City will need on this project. HKG has established an excellent working relationship with the City through its past involvement in Comprehensive Guide Plan updates, Zoning and Subdivision Code revisions, and related advisory work. HKG has assisted a wide variety of other cities with projects very similar to the Farmington "Opportunity Grant" project. City staff is conftdent that HKG has the experience and ability to help make this project a success. City staffhas worked with HKG to create a projected timetable for the Master Plan process. Please refer to the exhibit that appears at the end of the attached letter from R. Mark Koegler of Hoisington Koegler Group Inc. dated January 30,2003. This schedule will result in the completion of the entire process within the timeframe that was previously established by the City Council. BUDGET IMPACT The entire cost of the work to be performed by Hoisington Koegler Group Inc. will be covered by Metropolitan Council "Opportunity Grant" funds and Community Development Block Grant (CDBG) funds. ACTION REOUESTED Authorization to execute the attached agreement with Hoisington Koegler Group Inc. [HKG] in order to secure HKG's professional assistance in connection with the preparation of a Master PIan for the future development of the 450-acre area that is the subject of the "Opportunity Grant" that was awarded to the City by the Metropolitan Council. ~b ft<:::f' e~oll . .' ommunity Deve opment Direc or /39 Jan 30 03 12:16p p.2 Crealive Sululions 101 I.und Planning !lnd Design Hoisington Koegler Group Inc. [11(3 ~n January 29,2003 Mr. Kevin Carroll Community Development Director City of Farmington 325 Oak Street Farmington, MN 55024 Re: Spruce Street Corridor Development Plan Dear Kevin: Based on our recent meetings, we have prepared the following infonnation pertaining to a redevelopment planning process for the Spruce Street extension area, just west of downtown. Our understanding ofth~ project includes the following: . The City is seeking to create a comprehensive, progressive development plan for a currently undeveloped site located in close proximity to downtown, and to do so in a way that creates new commercial, residential and mixed-use opportunities that complement rather than conflict with existing businesses and neighborhoods. . The plan for the Spruce Street Corridor needs to consider the manner in which it supports downtown as well as peripheral commercial areas such as the businesses currently located along TH 3. Taking these points into account, we are suggesting a charrette-based approach for this project. This approach will incorporate the interests and ideas of the property owners and the community at-large, it will result in a wide review of alternatives, it can be accomplished in a relatively short period of time and it will be cost effective. Expertise required for the project includes planning, landscape architecture, fiscal analysis, market analysis, civil engineering and traffic engineering. Accordingly, HKGi proposes to involve the McComb Group Ltd. as the project's market consultant, Additionally, we will work with Sheldon Johnson of Bonestroo, who has already been retained by the City as the project traffic consultant and we will work with the;: City Engineer to address storm water and flood plain issues. We have worked extensively with both Jim McComb and Sheldon Johnson as well as their respective firms and we are confident that they we comprise an ideal team for this project. As I mentioned, our work program for the Spruce Street Corridor Redevelopment Plan suggests a charrette format to pursue exploration of a series of alternatives for the development of the area. While other tasks constitute parts of the charrette, its most significant elements are the collaborative work sessions conducted on-site by the HKOi team. These sessions allow for the interests of the entire consulting team to be shared in a process that affords balance to the development scenarios that will be shared with the property owners and the community. As a result, the alternatives that arc developed will address not only the physical design and function of the project area; they will also consider issues of market potential and implementation. Based on input from the property owners and other information gathered, the HKGi team will generate alternative scenarios for development within the project area. Several altematives will be prepared to demonstrate a range of possible solutions, and to provide a means of evaluating potential directions. Each alternative might have different implications in terms of aesthetics. the 121 North Third Street. Suite 100. Minneapolis. MN 55401-1659 Ph (612) 33~-0800 Fx (612) 338-6838 /YO Jan 30 03 12:16p p.3 Mr. Kevin Carroll January 29, 2003 Page 2 role ofTH 50 as it relates to potential development; changes in traffic patterns as a result of future development; use of the Vermillion River "greenway" as a connecting link; access to the area for both vehicles and pedestrians; the relationship of Spmce Street to downtown; cost; development potential; or the means of implementation, Sketches, diagrams, sections and/or photographs will be used to illustrate the intentions of each of the alternative concepts. While the alternatives generated will not be explicit solutions, they will provide insights about patterns, potential and character so that a preferred direction for the project area can be defined. The following offers a suggested series of tasks that form the scope of services necessary to complete the Spruce Street Corridor Development Plan. Meetings with Farmington staff are also noted: Initial meeting with Farmington staff Task 1 - Initial Meeting with Property Owners and Task Force Kick-Off Meeting - The study area contains a handful of property owners that need to be involved throughout the course of the project. It is important that the current landowners buy-in and have an understanding of the process. The initial meeting would serve to explain the project, the process to be followed and address their specific concerns and issues at the beginning of the planning process. The Spruce Street Corridor Development Plan will be guided by a Task Force of selected persons as appointed by the City. It is our understanding that the Task Force will be represented by a wide variety of interests from the community. Similar to the Property Owner meeting, the Task Force kick-off meeting would outline the process and establish expectations for contributing to the project. Both the initial property owner meeting and the task force kick-off meeting will be held sequentially, on the same day. Task 2 - Assemble Base Information - Assemble base map information from data available from the City including but not limited to property boundaries, building locations, contours, and other physical features. Additionally, HKGi will collect infonnation on current zoning, comprehensive plan designations, past neighborhood plans, building conditions, and property values. ' Task 3 - Document Existing ConditionsfI'our the Site - The HKGi team will tour the site and conduct a photographic inventory of the site area. Images will be integrated into GIS base mapping prepared wlder Task 2. Task 4 - Initiate Market Analysis - The market analysis will identify residential, retail, service and office potential with specific emphasis on the Spruce Street area, downtown and along the TH 3 corridor. Specific areas of investigation include the following: · Competitive Shopping Areas Shopping areas that compete with existing and proposed Farmington commercial areas will be identified and evaluated. Principal competitors will be identified and evaluated for tenant mix, anchor stores, and market orientation. Future commercial developments that could affect commercial development in Farmington or its trade area wiII be identified. 1'1/ Jan 30 03 12:1Sp p.4 Mr. Kevin Carroll January 29, 2003 Page 3 · Trade Area Analysis Based on arterial road patterns, competitive shopping areas, drive times, and McComb Group experience, the trade area for Farmington and the proposed retail development will be delineated. The economy of the trade area will be analyzed to identify and quantify those factors that generate support for retail and service establishments. Factors to be evaluated include, but are not limited to: employment) population, households, building permits, and household income. Comprehensive plans for adjacent communities located in the trade area will be evaluated to determine residential and commercial development potential. Past growth patterns in the south metro growth corridor will be evaluated to determine trade area market share of new housing and household growth. This analysis will be used to prepare a market driven estimate of future trade area residential growth. Trade area growth trends will be evaluated to determine residential growth potential for target years of 2005, 2010, 20 IS and 2020. Retail and service purchasing power for trade area households will be estimated using McComb Group's proprietary retail purchasing power model. · Commercial Development Potential Future commercial development potential for Farmington based on estimated population and household growth will be estimated taking into consideration competitive impacts, trade area demographics, trade area purchasing power and estimated market share. Based 011 analysis of purchasing power, competitive shopping centers, and current retail trends, future retail, service and office potential for Farmington will be estimated by business type, Estimates of retail, service and office space supportable by sales potential will be prepared for target years of 2005,2010,2015 and 2020. Sales potential will be converted to square feet of building area by type of business establishment. Commercial development potential will be evaluated to identify those business establishments that are inclined to locate in a shopping center environment, in downtown Farmington, or in the TH-3 commercial area. · Residential Market Demand Market demand for residential housing types suitable for the study area will be identified. Housing types to be considered include multifamily rental and for-sale housing. Meeting with Farmington staff to review information/progress Task 5 - Conduct 2nd Meetiug with Property Owners - As a follow-up to the initial meeting, this meeting would review the initial market analysis results and focus thinking on the upcoming planning charrettes (Task 7). Task 6 - Conduct Workshop One - The purpose of Workshop One will be to identify project area issues, discuss general ideas and create an overall vision for the project area. HKGi will lead a facilitated session that will involve both large group presentations and small group discussions. Participants in the workshop need to be more clearly defined but are likely to include key cit)' staff, property owners, members of the City Council and Planning Commission, and select representatives of the general public. /'1~ Jan 30 03 12:17p Mr. Kevin Carroll January 29, 2003 Page 4 Meeting with Farmington staff to review information/progress Task 7 - Conduct an On-Site Planning Charrettes - The HKGi design team will conduct two daylol1g planning charrettes at City Hall (8:00 a.m. - 5:00 p.m.). At specific times, the charrettes will involve the HKGi design team, staff representatives, Jim McComb and Sheldon Johnson. The first session will be focused on setting the stage for subsequent design ideas. Base information will be reviewed and discussed in order to establish a common "team" understanding of issues that impact the project area. On the second day, the HKGi design team will assemble a series of redevelopment concepts for the area that are consistent with the base information discussed at the first charrette session and the vision identified during Workshop One. The concepts will reflect the results of the market analysis as well as preliminary traffic analysis work that has been completed. The result of the second charrette session will be a series of graphics that illustrate different concepts for the use of the area, appropriate building forms and configurations, various mixes of land uses, landscaping and aesthetic alternatives and traffic/roadway improvements. Task 8 - Conduct Workshop Two - The purpose of Workshop Two will be to present the HKGi design team's work during the planning charrette and to identifY a prefen"ed alternative. Concepts and alternatives will be presented and public feedback will be gathered. Note: Tasks 7 and 8 occur on three consecutive days. Meeting with Farmington staff to review information/progre.~s Task 9 - Review Concepts with the City Council/Plauning Commission - Present the results of the planning charrette (alternative concepts and preferred concept) and workshops to the City Council and PlcuUling Commission in a work session meeting for review and comment. Task 10 - Develop the Preferred Alternative as the Master Plan - Based on input gathered in Tasks 8 and 9, the HKGi design team will assemble the master plan (preferred alternative) and finalize the market analysis report. The master plan is likely to contain elements of all of the alternatives. The master plan will include graphics identifying land uses, building forms and patterns, landscaping and site amenities, and roadway and access plans. Meeting with Farmington staff to review information/progress Task 11 - Assess the Financial Feasibility of the Master Plan - Conduct a preliminary feasibility analysis of the master plan focusing on funding sources as well as public and private actions necessary for project implementation. Meeting with Farmington staff to review information/progress Task 12 - City Council and Planning Commission Review - Present the master plan to the City Council and Planning Commission in a work session meeting for review and comment. Task 13 - Workshop Four - Neighborhood Review - Conduct a final workshop to present the results of the master planning process to the property owners and community. p.5 1'13 Jan 30 03 12:17p Mr. Kevin Carroll January 29, 2003 Page 5 Task 14 - Assemble Fioal Report - Assemble the final master plan report containing text and graphics that describe the process and the project outcome. Provide the City with one camera- ready copy of the report and a CD containing all text and graphics. After the preparation of the Final Report, the City will hold public hearings at the Planning Commission and City Council to formally adopt the plan. Our work program docs not detail these meetings but could be modified to include them, based on hourly rates, if desired by the City. Fee and Schedule Based on the scope of services outlined above, the total fee for the tasks to be completed by Hoisington Koegler Group and McComb Group is $55,000.00. The involvement of the traffic engineer is not included within our proposed fee. We have kept the scope of services within a $55,000 budget in order to reUect the allocation of both CnBG and Livable Communities funds. The Metropolitan Council's grant conditions require a match of city staff time as part of the project. Data collection and mapping as well as the charrettes will provide opportunities for staff contributions. Milestone dates associated with the project are shown 011 Attachment A. The scope identified herein is a comprehensive etIort that directly involves the property owners and city at-large in setting a vision for the area and in crafting a plan that attains that vision. We are confident that it can lead to a successful plan for the Spruce Street Corridor. Thank you for the opportunity to prepare this proposal for professional planning and design services. If the approach outlined herein is generally acceptable, a signature line is provided below that will serve as an agreement with the City for the scope of services and associated fees. Please let me know if I can answer any questions or provide additional information. Sincerely, 12. (j.1.J. ~.______ R. Mark Koegler, ASLA President RMK:dbm I hereby accept the terms and conditions as outlined in this letter and authorize Hoisington Koegler Group, Inc. to perfonn services noted herein. Name and Title Date p.6 ILl'! Mr. Kevin Carroll January 30, 2003 Page 6 ATTACHMENT "A" METROPOLITAN COUNCIL OPPORTUNITY GRANT MASTER PLAN TIMETABLE 10 11 12 13 14 15 16 17 18 19 TASK DESCRIPTION Initial Meeting With Property Owners and Task Force Kick -Off Meetin 2 Assemble Base Information 3 Document Existin Conditions/Tour Site 4 Initiate Market Anal sis 5 Conduct 2" Meetin With Pro ert Owners 6 Conduct W orksho # 1 7 Conduct On-Site Planning Charrettes (2 days) 8 Conduct Workshop #2 9 Review Concepts With City Council/Planning Commission Develo the Preferred Alternative as the Master PIan Assess the Financial Feasibilit of the Master Plan Cit Council/Plannin Commission Review of Master Plan Conduct Workshop #3 - Neighborhood Review Deliver Final Re ort Public Hearing (at Planning Commission) on proposed Master Plan Cit Council Review/Ado tion of Master Plan Public Hearing (at Planning Commission) on proposed Comprehensive Guide Plan amendments and Zoning Code/Ma revisions City Council Review/Adoption of proposed Comprehensive Guide Plan amendments and Zoning Code/Ma revisions Cit Council lifts Develo ment Moratorium May 1 to June 24 Ma 1 to June 24 June 25 Week of July 7 or July 14 Jul 28 August 12, 2003 Au st 18, 2003 September 9,2003 September 15,2003 October 6, 2003 1t/5 Mr. Kevin Carroll January 30, 2003 Page 7 ATTACHMENT "B" HOISINGTON KOEGLER GROUP INC. 2003 HOURLY RATES Senior PrincipaL....................................................... $120-l40/hr Principal..................................................................... $90-l30/hr Senior Professional................................................. $115-l25/hr Professional 111........................................................... $85-ll5/hr Professional II .............................................................. $70-85/hr Professional I .............................................................. $50-70/hr Technical...................................................................... $30-50/hr Secretarial................................................................. ........ $55/hr Testimony............................................................... ........ $175/hr Construction Administration............................................. $95/hr Incidental Expenses: Mileage......................................................................... 36~/mile Photocopying... ............................................................. 15~/page Outside Printing.................................... ................... .Actual Cost Diazo Printing.......................................................... .Actual Cost Draft Plots .................................................................. $5.00 each Vellum Plots............................................................. $10.00 each Color Plots ............................................................... $20.00 each IYc' IO~ CITY OF FARMINGTON DRAFT SUMMARY OF REVENUES AS OF DECEMBER 31, 2002 100.00 % Year Complete $ $ % $ % GENERAL FUND Property Taxes 2,600,079 1,399,719 2,588,460 99.55 1 ,785,543 99.50 Licenses/Permits 1 ,163,800 81,070 1,355,254 116.45 1,150,171 121.69 Fines 82,500 21,258 76,912 93.23 84,576 112.77 I ntergovernment Revenue 817,059 268,880 810,713 99.22 1,194,618 105.60 Charges for Service 321,200 90,190 371,262 115.59 244,614 100.62 Miscellaneous 330,500 55,979 335,960 101.65 257,872 111.88 Transfers 344,500 28,708 344,500 100.00 379,502 100.00 Total General Fund 5,659,638 1,945,804 5,883,061 103.95 5,096,896 106.20 SPECIAL REVENUE HRA Operating Fund 24,240 (940) 12,300 50.74 5,632 3.51 Police Forfeitures Fund 8,050 - 7,104 88.25 13,616 148.65 Recreation Operating Fund 209,070 1,157 199,918 95.62 286,734 89.94 Park Improvement Fund 391,000 9,286 557,404 142.56 237,479 134.17 ENTERPRISE FUNDS Ice Arena 217,500 93,841 237,225 109.07 214,253 99.70 Liquor Operations 2,400,000 231,695 2,407,730 100.32 2,363,349 100.29 Sewer 1,545,458 - 1,421,182 91.96 1 ,200,659 106.99 Solid Waste 1 ,258,250 311,038 1,268,212 100.79 1,214,726 106.09 Storm Water 612,302 47,792 600,541 98.08 201,069 65.92 Water 1,760,000 199,474 1,850,414 105.14 1,844,352 129.88 Total Revenues 14,085,508 2,839,147 14,445,091 102.55 12,678,765 135.49 /i./7? CITY OF FARMINGTON SUMMARY OF EXPENDITURES DRAFT AS OF DECEMBER 31, 2002 100.00 % Year Comolete GENERAL FUND $ $ $ % $ % Legislative 70,780 5,646 73,165 103.37 63,240 Administration 354,120 38,954 392,314 110.79 324,515 Personnel 129,725 8,466 116,430 89.75 110,281 MIS 56,770 4,723 58,475 103.00 46,377 Elections 22,657 (730) 15,204 67.11 5,896 Communications 66,270 7,582 62,021 93.59 60,878 Finance 379,359 29,563 377,303 99.46 342,715 Planning/Zoning 139,785 11,975 149,701 107.09 133,517 Building Inspection 271,300 47,707 347,639 128.14 234,917 Community Development 86,474 6,374 79,032 91.39 81,320 Police Administration 390,091 40,364 389,611 99.88 302,422 Patrol Services 960,870 110,989 991,929 103.23 904,891 Investigation Services 150,728 18,295 128,306 85.12 93,249 School Liason OffiQ 67,059 8,956 79,348 118.33 67,340 Emergency Management 1,400 34 197 14.07 17,778 Fire 333,888 121,397 358,722 107.44 304,634 Rescue 37,547 8,131 30,868 82.21 42,324 Engineering 244,788 28,741 286,590 117 .08 235,481 G.I.S. 10,423 1,122 2,892 27.75 12,995 Streets 367,823 26,086 353,284 96.05 306,433 Snow Removal 84,994 4,954 50,234 59.10 76,073 Signal Maint 85,600 15,128 90,207 105.38 72,116 Fleet Maint 118,031 179 117,467 99.52 86,160 Park Maint 205,992 18,975 297,631 144.49 293,795 Forestry 102,904 5,595 48,222 46.86 29,200 Building Maint 105,517 3,432 117,023 110.90 107,261 Recreation Programs 285,633 20,323 246,997 86.47 124,565 Outdoor Ice 25,875 784 8,658 33.46 11,545 Transfers Out 130,000 10,246 130,000 100.00 95,696 76.60 113.25 84.66 107.93 87.03 105.56 100.31 103.05 104.29 91.44 97.30 92.19 114.61 110.03 155.95 99.04 102.61 98.33 96.08 96.31 86.48 83.66 118.23 124.72 43.66 103.59 82.46 57.99 86.44 Total General Fund 5,286,403 603,991 5,399,470 102.14 4,587,614 97.75 SPECIAL REVENUE HRA Operating 52,150 15,498 62,536 119.92 40,021 54.74 Police Forfeitures Fund 8,050 348 9,369 116.39 11,459 137.15 Senior Center 108,570 7,684 108,912 100.32 94,149 Swimming Pool 120,310 879 118,415 98.42 98,659 39.96 Park Improvement Fund 116,800 4,646 99,246 84.97 128,610 183.73 ENTERPRISE FUNDS Ice Arena 237,723 27,204 233,683 98.30 221,738 105.27 Liquor Operations 2,201,850 229,895 2,371,923 107.72 2,251,109 99.96 Sewer 1,180,845 80,554 1,179,736 99.91 947,050 96.01 Solid Waste 1,215,485 104,796 1,253,144 103.10 1,121,723 93.84 Storm Water 237,363 13,284 187,804 79.12 177 ,324 124.73 Water Utility 1,509,004 200,208 1,606,686 106.47 702,222 147.10 Total Expenditures 12,274,553 1,288,987 12,630,924 102.90 10,381,678 101.73 /~9 --- - -- ------- - ______.. n_ 10.6 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: Mayor, Councilmembers, City Administrato$ ~ FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Middle Creek 6th Addition Development Contract DATE: February 3, 2003 INTRODUCTION The Development Contract for Middle Creek 6th Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Middle Creek 6th Addition was approved by the Planning Commission on September 9, 2002 and by the City Council on September 16, 2002. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Middle Creek 6th Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~}1?~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file /60 RESOLUTION NO. R_-03 APPROVING DEVELOPMENT CONTRACT MIDDLE CREEK 6th ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 3rd day of February, 2003 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R67 -00, the City Council approved the Preliminary Plat of Middle Creek; and, WHEREAS, pursuant to Resolution No. R83-02, the City Council approved the Final Plat of Middle Creek 6th Addition subject to the following conditions: 1. A sidewalk is required on one side of the 28-foot wide cul-de-sac road to meet City standards and the Developer will connect the sidewalk to Enright Way in the Middle Creek 1st Addition. 2. Minor engineering issues need to be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division needs to be granted. 3. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of February, 2003. Mayor Attested to this _ day of .2003. SEAL City Administrator /6/ DEVELOPMENT CONTRACT AGREEMENT dated this 3rd day of February, 2003, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and D.R. Horton, Inc. - Minnesota, a Delaware corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for MIDDLE CREEK 6TH ADDITION (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described as follows: Outlot 1, MIDDLE CREEK EAST, according to the recorded plat therof, Dakota County, Minnesota. 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Ri2ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been recorded with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 I.s::? 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zoninl!lDevelooment Mao. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Imorovements and Pilot Knob Road/CSAH 31 Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. Pilot Knob Road/CSAH 31 Assessments The parent parcels of MIDDLE CREEK 6TH ADDITION have been assessed for improvements to Pilot Knob Road/CSAH 31. The total levied assessment amount for the parcels is: Parcel Nos. 1448702-090-00 Total amount levied: $11,065.84 (Principal & interest through 12-31-03) 2 /53 A portion of the levied assessment plus interest becomes due with the final platting of MIDDLE CREEK 6TH ADDITION. The amount due with MIDDLE CREEK 6TH ADDITION will be calculated proportionally based on the area of MIDDLE CREEK 6TH ADDITION being developed in relation to the entire area of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of the parent parcel. The Developer may elect to pay the assessment in cash at the time of final plat approval or have it prorated and reassessed to the lots and blocks of MIDDLE CREEK 6TH ADDITION. If assessed, the assessments shall be spread over a IO-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 7. Time of Performance. The Developer shall install all required public, by September 30, 2004, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownershio of Imorovements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the fmal wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate 3 /5Y to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $252 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscaoinl!. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of 4" of black dirt. The responsibility for the installation of black dirt shall not be transferred to homeowners. C. Retaining walls with 1) a height that exceeds four feet or 2) a combination oftiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Develooment. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Aooroval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manal!ement Fee. The Developer shall pay an area storm water management charge of $21,958 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 4 /5'6' 16. Wetland Conservation and Mith!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of$8,321 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $5,350 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitarv Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of $7,009 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall pay a park dedication fee of $20,987 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $620 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of$315 based upon the number oflots within the subdivision. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 5 15~ 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $142,692. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $N/A $ 21,865 $ 27,673 $ 8,376 $ 46,064 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 2,500 $ 7,250 $ 7,922 $ 2,078 $N/A Two Years Principal and Interest on Assessments $ 18,964 This breakdown is for historical reference; it is not a restriction on the use of the security. *The Grading/Erosion Control is secured by a separate letter of credit. 27. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 6 /.5, 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Wetland Buffer and Natural Area Shms. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual10t surveys prior to the issuance of a building permit for that lot. 32. Existin2 Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a bituminous surface, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or 7 /5cr? amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. 8 /59 N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. failure to control weeds wi\l be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 33. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Colin Roetman D. R. Horton - Minnesota 20860 Kenbridge Court, Suite 100 Lakeville, MN. 55044 Phone: 952-985-7824 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Edward Shukle, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 /~o CITY OF FARMINGTON By: By: DEVELOPER: D.R. Horton, Inc. - Minnesota By: Drafted by: City of Farmington 325 Oak. Street Farmington, Minnesota 55024 (651)463-7111 SIGNATURE PAGE Gerald Ristow, Mayor Edward Shukle, City Administrator Its: 10 /t;,/ STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Gerald Ristow, Mayor, and by Edward Shukle, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of ,20 by , the ofD.R. Horton, Inc. - Minnesota, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 /~o? /Oc- Charter COMM UN ICATIONS. A WIRED WORLD COMPANYTM January 28, 2003 City of Farmington Mr. Ed Shukle City Administrator Farmington City Hall 325 Oak Street Farmington, MN 55024 Dear Mr. Shukle, In keeping with our commitment to bringing our customers in the City of Farmington latest technology and best in quality home entertainment, I'm pI eased to tell you that Charter will be offering our new Charter High Definition Service to our Charter Digital Cable@ customers beginning on February 1,2003. High definition television (HDTV) is digital television that combines the highest resolution possible with Dolby Surround sound capabilities. HDTV provides a crisp, detailed image and high-quality sound. Also, HDTV screens are wider than they are tall, providing a panoramic view, similar to a movie screen. To receive this innovative new technology, customers must first subscribe to Charter Digital Cable and have a minimum of our digital receiver service at $6.95 per month. Charter High Definition Service will be available to Charter Digital Cable customers with HDTV sets for an additional monthly charge of $3.00. For customers who sign up for the HD service, Charter will provide a new high-definition digital set-top receiver called the DCT 5100 capable of providing Dolby Sound. For those customers needing additional wiring, Charter will provide the Charter High Definition Service kit with RGB/audio cables for an additional $31.99. Currently, Charter High Definition customers who subscribe to HBO will receive HBO-HD. We are also proud to introduce Discovery HD Theater in HD format for an additional $4.99. We're continuing to negotiate with the local affiliates for the major broadcast television networks, including ABC, CBS, NBC, Fox and PBS to carry their HD signals as well, and will communicate those additions as they become available. The introduction ofHDTV is made possible through our $3.5 billon upgrade and the advanced broadband infrastructure we've built. It is through this investment in our community, and others like it nationwide, that we are able to offer this exciting new product that will continue to emerge with more and more available programming. We will be calling customers who have called us in the past inquiring about HDTV. We will also utilize cross-channel advertising to promote and introduce HDTV to our customers. Should you have any questions, pI ease contact me 952-432-2575 x-3014. Sincerely, ~M~ Ellen Martin Operations Manager 1255 East Circle Drive NE . Rochester, Minnesota · 55906-3962 www.charter.com . 800.581.0081 · fax: 507.289.1958 /~3 Ie:( a... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: ~,\ Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 2003 Seal Coat Project Feasibility Report DATE: February 3, 2003 INTRODUCTION Attached is the Feasibility Report for the 2003 Seal Coat Project. The project consists of seal coating specified residential streets. DISCUSSION The 2003 Seal Coat project is the tenth project in the City's seal coat program established by the City of Farmington in 1994. The seal coat program is implemented in a seven-year cycle. The streets indicated in Figure 1 and Attachment A are to be included in the seal coat program this year. The streets in East Farmington 5th and 6th Additions, Charleswood 2nd Addition, Nelsen Hills Farm 7th Addition and Euclid Street between Euclid Path and Upper 183rd Street West are to be seal coated for the first time this year. The streets in Dakota County Estates 6th through 8th Additions, Sunnyside Addition, Oak Street between 2nd Street and 4th Street, 3rd Street between Elm Street and Spruce Street and the municipal pool parking lot are scheduled to be seal coated this year. Bun GET IMPACT Several streets in the 2003 seal coat project area have already been assessed seal coating costs through their respective development contracts. The property owners benefiting from the improvements to the remaining streets would be assessed for the project costs pursuant to Minnesota Statute 429 and the City's Special Assessment Policy. The remainder of the costs would be funded through the Road and Bridge Fund. The total estimated project cost for the 2003 Seal Coat project is $91,050. The City's special assessment policy indicates a 50/50 cost sharing split between the City and the benefiting properties for seal coat improvements. The estimated assessment based on the estimated project costs and the City's special assessment policy is $65.04 per residential equivalent unit. /~ i.f ACTION REQUESTED Adopt the attached resolution receiving the feasibility report, authorizing the preparation of plans and specifications and scheduling a public hearing for March 3, 2003. Respectfully Submitted, ~m~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file /~5 RESOLUTION NO. R -03 RECEIVING FEASBILITY REPORT, AUTHORIZING PLANS AND SPECIFICATIONS AND CALLING FOR PUBLIC HEARING PROJECT 03-02, 2003 SEAL COAT PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of Farmington, Minnesota, was held in the Council Chambers of said City on the 3rd day of February, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to City Council approval of the 2003 Capital hnprovement Plan, the City Engineer has prepared a preliminary report with reference to the following improvement: Proi. No. 03-02 Description Seal coating Location various - see Attachment A ; and, WHEREAS, this report was received by the City Council on February 3rd, 2003; and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Farmington, Minnesota that: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of improvement of $91 ,050. 2. A public hearing shall be held on such proposed improvement on the 3rd day of March, 2003, in the Council Chambers at Farmington City Hall at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvements as required by law. 3. Lee M. Mann is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of February, 2003. Mayor Attested to the day of ,2003. City Administrator SEAL /c;; ~ Attachment A Streets 183rd Street West Elm Tree Circle Elkwood Avenue Lower 183rd Street Upper 183rd Street West Echo Drive Edgewood Court 185th Street West Eldorado Way Embers Avenue Euclid Street 188th Street West Exclusive Path 189th Street West Excalibur Trail Evensong Avenue Everest Path Everhill Avenue Exchange Trail Executive Path Oak Street 3rd Street 12th Street 13th Street 14th Street Locust Street Larch Street Sunnyside Drive Sunnyside Circle Centennial Drive Centennial Court Centennial Circle Fairview Lane Fairview Circle Park Drive Heritage Way Lower Heritage Way 6th Street Location Embers Avenue to Echo Drive All Upper 183rd Street West to Emerald Trail Elkwood Avenue to Echo Drive Embers Avenue to east phase line of Dakota Estates 7th Addition Edgewood Court to Emerald Trail All West phase line of Dakota Estates 8th Addition to Edgewood Court 185th Street West to Upper 183rd Street West North phase line of Dakota Estates 8th Addition to south phase line of Dakota Estates 8th Addition Euclid Path to Upper 183rd Street West Everest Path to west phase line of Nelsen Hills Farm 7th Addition 188th Street West to Everest Path Everest Path to west phase line of Nelsen Hills Farm 7th Addition 189th Street West to Everest Path North phase line of Charleswood 2nd Addition to south phase line of Charleswood 2nd Addition North phase line of Charles wood 2nd Addition to Evensong Avenue Everest path to west phase line of Charleswood 2nd Addition Everhill Avenue to south phase line of Charlesood 2nd Addition Everhill Avenue to south phase line of Charlesood 2nd Addition 2nd Street to 4th Street Elm Street to Spruce Street Walnut Street to Larch Street Walnut Street to Larch Street Walnut Street to Larch Street 11 th Street to 14th Street 11 th Street to 14th Street Ash Street/c.R. 74 to Centennial Drive All All All All All All All All All Heritage Way to south phase line of Sunnyside Addition 7 1~7 FEASIBiliTY REPORT FOR PROJECT NO. 03-02 2003 SEAL COAT PROJECT Prepared by: lYJf( U David R. Sanocki, P .E., Engineering Division I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of the State of Minnesota. ~YYJ~ Lee M. Mann, P .E., City Engineer Date: February 3,2003 Reg. No.: 24541 City of Farmington, Minnesota Engineering Department (651) 463-1600 325 Oak Street / c;, en Table of Contents Introduction........................................................................................................................ ............. 3 Discussion................................................................................................................................ ....... 3 Cost Estimates.............................................................................................................................. ... 4 Proj ect Financing............................................................................................................................ 5 Conclusions And Recommendations .............................................................................................. 6 Attachment A .................................................................................................................................. 7 Figure 1 - 2003 Seal Coat Areas Figure 2 - Seven Year Cycle Seal Coat Program 2 /~9 Introduction This report has been prepared to determine the feasibility of seal coating City streets as planned during 2003. See Figure I for the areas to be seal coated in 2003 and Attachment A for a list of the individual streets to be included in this area. The annual seal coating program, approved by Council in 1994, is implemented in a seven year cycle in which assigned areas are seal coated each year (See Figure 2). The City requires new streets to be seal coated approximately two to three years after the final bituminous wear surface has been placed on the street. After the first seal coat application, it is intended that streets would be seal coated every seven years. New streets within developments will continue to be incorporated into the plan as they are added to the City's street system. The purpose of seal coating is to improve the quality and extend the life of the City streets. Seal coating delays the need for costly street reconstruction or other corrective work for which a portion ofthe costs are assessed to the adjacent property owners. The streets indicated in Figure 1 and Attachment A are to be included in the seal coat program this year. The streets in East Farmington 5th and 6th Additions, Charleswood 2nd Addition, Nelsen Hills Farm 7th Addition and Euclid Street between Euclid Path and Upper 18300 Street West are to be seal coated for the first time this year. The streets of Dakota County Estates 6th through 8th Additions, Sunnyside Addition, Oak Street between 2nd Street and 4th Street, 300 Street between Elm Street and Spruce Street and the municipal pool parking lot are scheduled to be seal coated this year. It will be specified that the 2003 seal coat project start after Dew Days (June 20 - 22) and be completed before the Dakota County Fair (August 4 -10). Discussion A fine seal coat aggregate (FA-2 Modified Aggregate) is used in the cul-de-sac areas of the project. Larger aggregate (F A-2 Aggregate) is used on all remaining areas. Staff initiated the use of finer aggregate in the cul-de-sacs in 1997. Finer aggregate tends to bind to the road surface better than larger aggregate, and thus helps prevent separating in areas where there is a higher percentage of vehicles that turn in a circular motion, such as cul-de-sacs. The finer aggregate used in the cul-de-sacs is more costly than the larger aggregate, however, the finer aggregate is only used in the cul-de-sacs and the additional cost to the overall project is not substantial. 3 /70 Cost Estimates Cost estimates have been prepared for the improvements described in this report. The estimates for the work are based on anticipated unit prices for the 2003 construction season. The cost estimates presented below include a ten-percent contingency and twenty-seven percent allowance for engineering, legal and administrative costs. Estimated Project Costs Item Unit Est. Qty Est. Unit Price Total FA-2 Aggregate in place Ton 1,460 $ 1.15 $34,983 $18.00 $26,280 Bituminous material Gal 30,420 FA-2 Modified Aggregate in place Ton 65 $60.00 $ 3.900 Estimated Construction Cost $65,163 10% Contingencies $ 6.516 Total estimated Construction Cost $71,679 27% Engineering, Legal, Administration $19.353 Total estimated Project Cost $91,032 4 /7/ Project Financing The City's Assessment Policy states that Seal Coating shall be assessed at a 50% rate. Based on the project costs identified in this report, the estimated assessment rates for the project, calculated with a 50/50 split, would be $65.04 per unit. The estimated assessment rate in the 2002 feasibility report was $65.41 per unit and the final assessment amount based on the final project costs was $52.55 per unit. East Farmington 5th and 6th Additions, Charleswood 2nd Addition, Nelsen Hills farm 7th Addition, and Euclid Street between Euclid Path and Upper 183rd Street West are to be seal coated this year and have already collected funds to cover initial seal coating costs through their respective development agreements. Dakota County Estates 6th through 8th Additions, Sunnyside Addition, Oak Street between 2nd Street and 4th Street, 3rd Street between Elm Street and Spruce Street and the municipal pool parking lot areas will be assessed for their portion of the costs. Public Streets Assessment based on a rate of $65.04/unit Road and Bridge Fund contribution $ 45,525 $ 45.525 Total Estimated Project Cost $ 91,050 5 /7c2 Conclusions And Recommendations The proposed improvements described in this report are feasible from an engineering standpoint and are in accordance with the City's Seal Coating Program. The project is necessary to continue the City's program for street maintenance. The feasibility of the project as a whole is subject to the financial review. The improvements proposed are cost effective based on proven methods for seal coat improvements. Based on the information contained in this report, it is recommended that: I. The City of Farmington accept this report as a guide for the seal coating improvements in the project area and authorize the preparation of plans and specifications for the project; 2. The City conduct a legal and financial review of the proposed project prior to the public hearing; 3. A Public Hearing be held as required by Minnesota Statue 429. The property owners adjacent to the roadway should be notified for hearing purposes; 4. A neighborhood meeting be scheduled with the affected property owners; 5. The following tentative schedule be implemented for the project: Accept Preliminary Report, Authorize Preparation of Plans February 3, 2003 and Specifications, Schedule the Public Hearing Hold Neighborhood Meeting Week of February 24,2003 Hold Public Hearing, Order Project, Authorize March 3, 2003 Advertisement for Bids Receive Bids March 27,2003 Accept Bids and A ward Contract April 7, 2003 Start Construction July 7,2003 Complete Construction July 25, 2003 Hold Assessment Hearing September, 2003 6 /?c.3 Attachment A Streets 183rd Street West Elm Tree Circle Elkwood Avenue Lower 183rd Street Upper 183rd Street West Echo Drive Edgewood Court 185th Street West Eldorado Way Embers Avenue Euclid Street 188th Street West Exclusive Path 189th Street West Excalibur Trail Evensong Avenue Everest Path Everhill Avenue Exchange Trail Executive Path Oak Street 3rd Street 12th Street 13th Street 14th Street Locust Street Larch Street Sunnyside Drive Sunnyside Circle Centennial Drive Centennial Court Centennial Circle Fairview Lane Fairview Circle Park Drive Heritage Way Lower Heritage Way 6th Street Location Embers Avenue to Echo Drive All Upper 183rd Street West to Emerald Trail Elkwood Avenue to Echo Drive Embers Avenue to east phase line of Dakota Estates 7th Addition Edgewood Court to Emerald Trail All West phase line of Dakota Estates 8th Addition to Edgewood Court 185th Street West to Upper 183rd Street West North phase line of Dakota Estates 8th Addition to south phase line of Dakota Estates 8th Addition Euclid Path to Upper 183rd Street West Everest Path to west phase line of Nelsen Hills Farm 7th Addition 188th Street West to Everest Path Everest Path to west phase line of Nelsen Hills Farm 7th Addition 189th Street West to Everest Path North phase line of Charleswood 2nd Addition to south phase line of Charleswood 2nd Addition North phase line of Charles wood 2nd Addition to Evensong Avenue Everest path to west phase line of Charleswood 2nd Addition Everhill Avenue to south phase line of Charlesood 2nd Addition Everhill Avenue to south phase line of Charlesood 2nd Addition 2nd Street to 4th Street Elm Street to Spruce Street Walnut Street to Larch Street Walnut Street to Larch Street Walnut Street to Larch Street 11 th Street to 14th Street 11 th Street to 14th Street Ash Street/c.R. 74 to Centennial Drive All All All All All All All All All Heritage Way to south phase line of Sunnyside Addition 17'1 2003 SEAL COAT AREAS CSAH 50 PARKING LOTS & ALLEYS CIll Of 1."~EVlllE ClT' orH.l!MI~'CJ< ~ ~ 1. 2003-SWIMMING POOL 2. 2004-RAMBLlNG RIVER - PINE & ELM ST 3. 2005- ALLEY SO. OF POST OFFICE 4. 2005- ALLEY SO. OF NEW LIBRARY 5. 2005-ALLEY NO. OF VFW 6. 2006-RAMBLlNG RIVER - BALLFIELDS 7. 2006-ICE ARENA 8. 2006-FIRE STATION 9. 2007-ALLEY SO. OF ST. MICHAELS 10. 2008-SECOND STREET PARKING LOT 11. 2008-ALLEY NO. OF FGTN. LUTHERAN .-. -. ~ .. ,~.. .~" ~". ::<1 r.~;' Ol ! . ! ~ I FIGURE I ICITY OF FARMINGTONI 500 , " I ."_ - . ~. --I- _ _ _ _ _ ..... __ . _ . _... . .. , o 1000 2000 JOOO SCALE '- G{ 7 YEAR CYCLE SEAL COAT PROGRAM CITY Of lAHvlll( ~ ... INDEX AREA 3 - 2003 AREA 4 - 2004 AREA 5 - 2005 AREA 6 - 2006 AREA 7 - 2007 AREA 1 - 2008 AREA 2 - 2009 PARKING LOTS & ALLEYS 1. 2003-SWIMMING POOL 2. 2004-RAMBlING RIVER - PINE & ELM ST 3. 2005-ALLEY SO. OF POST OFFICE 4. 2005- ALLEY SO. OF NEW LIBRARY 5. 2005-ALLEY NO. OF VFW 6. 2006-RAMBlING RIVER - BALLFIELOS 7. 2006-ICE ARENA 8. 2006-FIRE STATION 9. 2007-ALLEY SO. OF ST. MICHAELS 10. 200B-SECONO STREET PARKING LOT 11. 2008- ALLEY NO. OF FGTN. LUTHERAN , , -"-'~"'-"'-"~" ~ CSAH 50 " 0: I ::::: . ~ ! ! ---------------------- --------------- [lJII(~'" TO'o/I.I';HIP , . ; ~ I FIGURE 2 '- ~ ~ ;. ~ ICITY OF FARMINGTONI 500 I ,. I .. - - - ~ - - -.... - -- - - - -...-- , ., . o 1000 2000 3000 SCALE