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Home My WebLink About08.19.02 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING August 19, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Proclaim Pollution Prevention Week September 9-13,2002 - Parks and Recreation 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) a) Mr. David Pritz1aff b) Dr. Pam Hadler - Kid's Day America 7. CONSENT AGENDA a) Approve Council Minutes (8/5/02 Regular) b) Adopt Resolution - Appointing an Additional Election Judge- Administration c) Repair Surfacing of Outdoor Rink - Middle School - Parks and Recreation d) School and Conference - Finance e) Temporary On-Sale Liquor License - St. Michael's Church - Administration f) Appointment Recommendation - Police - Administration g) Award Annual Sidewalk Replacement Project - Engineering h) Receive Draft Report - City Administrator Evaluation - Attorney i) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - 3rd Street Overlay and Sanitary Sewer Project Assessment Hearing-Engineering 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Comprehensive Guide Plan Amendment - St. Michael's Place - Community Development Action Taken Proclaimed Information Received Information Received Tabled 9/3/02 R70-02 Approved Information Received Approved Information Received Authorized Information Received Approved R71-02 R72-02 b) Adopt Resolution - St. Michael's Place Preliminary and Final Plat - Community Development c) July 2002 Financial Report - Finance d) Adopt Resolution - Hillside Addition Development Contract - Engineering e) Adopt Resolution - Meadow Creek 2nd Addition Development Contract- Engineering f) Schedule Joint Planning Commission Council Workshop - Project NEMO- Engineering 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13, COUNCIL ROUNDTABLE 14. ADJOURN R73-02 Information Received R74-02 R75-02 September 18,2002 City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING August 19, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3, ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Proclaim Pollution Prevention Week September 9-13,2002 - Parks and Recreation 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) a) Mr. David Pritz1aff b) Dr. Pam Hadler - Kid's Day America 7. CONSENT AGENDA a) Approve Council Minutes (8/5/02 Regular) b) Adopt Resolution - Appointing an Additional Election Judge - Administration c) Repair Surfacing of Outdoor Rink - Middle Schoo1- Parks and Recreation d) School and Conference - Finance e) Temporary On-Sale Liquor License - St. Michael's Church - Administration f) Appointment Recommendation - Police - Administration g) Award Annual Sidewalk Replacement Project - Engineering h) Receive Draft Report - City Administrator Evaluation - Attorney i) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - 3rd Street Overlay and Sanitary Sewer Project Assessment Hearing - Engineering 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Comprehensive Guide Plan Amendment - St. Michael's Place - Community Development Action Taken Pages 1265-1266 Pages 1267-1268 Pages 1269-1272 Pages 1273-1274 Page 1275 Page 1276 Pages 1277-1278 Page 1279 Pages 1280-1281 Page 1282 Page 1283 Pages 1284-1288 Pages 1289-1292 b) Adopt Resolution - St. Michael's Place Preliminary and Final Plat - Community Development c) July 2002 Financial Report - Finance d) Adopt Resolution - Hillside Addition Development Contract - Engineering e) Adopt Resolution - Meadow Creek 2nd Addition Development Contract- Engineering f) Schedule Joint Planning Commission Council Workshop - Project NEMO- Engineering 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Pages 1293-,]305 Pages 1306-1307 Pages 1308-1322 Pages 1323-1336 Page 1337 MEMORANDUM To: From: Date: Re: Mayor and City Council, City Staff Steve Strachan 8/14/02 St. Michael's Property I will be unable to attend the August 19 Council meeting due to a long-planned family vacation, and I understand that the Planning Commission's recommendations regarding the St. Michael's property will be on the agenda. I wanted to provide you with my thoughts and a few comments for your review on this matter. I attended the August 13 Planning Commission meeting. I accompanied my wife, Sue, who is the Chair ofthe Heritage Preservation Commission. She indicated that the developer, Colin Garvey, had contacted her as Chair and asked for direction on exactly the types of changes the commission wanted on the design of the proposed townhomes. She explained to him that the Commission did not intend to provide specific designs or direction, but that they were there only to review, comment, and advise if the design was consistent with the historic area. They had earlier indicated that the design was not acceptable for the Commission. In my capacity as a Council Member, I did communicate with Mr. Garvey and told him I felt it would be appropriate, based on the recommendations of the Commission, to make architectural and design changes to make the homes more consistent with the area, but I reiterated that it was up to the company to decide exactly what those would be. As you know, the Planning Commission unanimously approved the requested actions on this project. Although this has been, at times, a controversial project, in my many years on the planning Commission and City Council I have never seen a more vibrant dialogue on our historic areas and how to best preserve them. Although not everyone will be pleased with the outcome ofthis particular project, I think we need to seize this opportunity and use this community momentum to make some necessary changes in our process. We need to make a decisive commitment to our City vision statements and Comprehensive Plan that we value our small-town feel and historic downtown. We also need to ensure that this particular action does not set a precedent in the opposite direction. The Heritage Preservation Commission made clear that they do not oppose one-level townhomes, but simply wanted a more consistent design with the neighborhood. There are really two goals here- maintaining our small-town feel and ensuring quality design consistent with the historic area. First of all, the people who will live in this development will contribute to our small-town atmosphere and the vibrancy of our downtown area. What we need to focus on is balancing the demographic needs of these residents, who want one-level townhomes close to downtown, with the best design standards to accomplish both goals. I believe that by changing the planning and approval process in these areas, we can better achieve these goals in the future. In this way, we can make our Page 2 commitment to historic preservation stronger and increase the role ofthe Heritage Preservation Commission. Our planning process is designed for new construction, which is the majority of our development. It is staff-driven and streamlined so that review and approval come at the end of the process, which is appropriate for new development. However, it does not serve us as well in historic areas, and I suggest we designate certain areas of our City for a process that is reversed and involves the Heritage Preservation Commission at an earlier point in the process, and allows citizen input at the beginning, not the end. I would recommend that the Council direct staff to research how we can amend the approval process in historic areas, and ask the Heritage Preservation Commission for their input and the best way to ensure the best design for these types of developments in the future. I also commend Mr. Garvey for making changes to the design presented August 13. Thanks for your consideration and I invite your comments. 50- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: ~ Mayor, Counci1members and City Administrator c: - FROM: James Bell Parks & Recreation Director SUBJECT: Pollution Prevention Week DATE: August 19,2002 INTRODUCTION & DISCUSSION The City of Farmington will be hosting its sixth annual Pollution Prevention Day on September 13, 2002. Pollution Prevention Day provides Farmington fourth grade students with a fun and educational day of environmental awareness. ACTION REQUESTED Proclaim the week of September 9-13, 2002 to be Pollution Prevention Week in Farmington. Respectfully submitted, ~l ?~.. J ames Bell Parks & Recreation Director /~~ City 'if Parmin8ton Proc(amation W1EFR!EIJI.S: ~he yeoyCe of Tarminaton take areat yride in our City's naturaC beauty and SUJ'YorT a cCean and safe environment; and W'}{!E'R!EIJI.S: PoCCution yrevention, aCso known as source reauction, is a yroaressive a.l'.Jffoach that eliminates or reauces yoCCution at its source; and W'}{!E'R!EIJI.S: PoCCution yrevention is the most environmentaCCy sound methoa of yrotectine our naturaC resources; and W'}{!E'R!EIJI.S: PoCCution yrevention measures can imyrove environmentaC conditions and the heaCth and safety of workers in the worfyCace whiCe increasine commerciaC comyetitiveness; and W'}{!E'R!EIJI.S: ~hr01.ltJh increasea use of yoCCution yrevention, Tarminaton can meet the chacCenee of havine an ecoCoaicaCCy heafthy community and a viaorous environment for its citizens; i]{ow, ~'}{!E'R!ETO'R!E, '1, ~!E'R~.DD "m~~!E'R" 'R'1S~OW, %Jyor of the City of Tarminaton, dO fiereGy yrocCaim Sptember 9-13, 2002 to be . Po{{ution Prevention Week 4~ in the City of Tarminaton and encouraae aCC citizens to join in this observance. '1']{ Wl'TJ']{~s W1fE'R!EOP, '1 have l1ereunto set my hand" and" causea the Sear of the City of 'Farmineton to 6e a.fftxea on the 3ra cfay of Sptem6er, 2002. City 'Administrator 'Mayor /d~~ ~ 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: Crosswalk requests - Mr. David Pritz1aff DATE: August 19,2002 INTRODUCTION At the August 5, 2002 City Council meeting, Mr. David Pritz1aff asked if crosswalks across Akin Road could be installed at various locations. DISCUSSION It is staff's recommendation to install crosswalks only at intersections with stop control and a trail or sidewalk connection on both sides of the street that the crosswalk would connect. At this time, there are not any intersections along Akin Road (except at CSAH 50) that meet this criteria. The School District has indicated a desire to add a trail connection in the future on the north side of 195th Street at Akin Road for Akin Elementary. When that trail is completed, a crosswalk would be striped across Akin Road at 195th Street. In the future, other crosswalks would be installed as the criteria outlined above is met. BUDGET IMPACT None. ACTION REOUESTED For Council's information. Respectfully Submitted, (j{J11 ~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file David Pritz1aff Ic;of~ '7 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Counci1members and City Administrator C' <., , ' FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Citizen's Comments response DATE: August 19,2002 INTRODUCTION During the regular City Council meeting of August 5, 2002 a resident offered the use of his driveway for police parking while conducting traffic enforcement on Akin Road. DISCUSSION Upon completion ofthe Akin Road Project the Patrol staff ofthe Farmington Police Department will be pleased to have another option in the enforcement of traffic laws on Akin Road. While our officers currently use a variety of locations along the length of the roadway another option is always welcome. ACTION REQUESTED Information only. Respectfully submitted, 1 Daniel M. Siebenaler Chief of Police f /;)~? ~ COUNCIL MINUTES REGULAR August 5, 2002 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None Joel Jamnik, City Attorney; Ed Shuk:1e, City Administrator; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Karen Finstuen, Administrative Services Manager; Brenda Wendlandt, Human Resources Manager; Lee Smick, Planning Coordinator; Cynthia Muller, Executive Assistant John Conzemius, Shelly Vincent Audience: 4. APPROVE AGENDA Mayor Ristow pulled and tabled item 7f) School and Conference - Administration. Item 7i) Adopt Resolution - Gambling Event Permit 2003 Senior Class was added. MOTION by Cordes, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Present Donation Farmington Lion's Club The Farmington Lion's Club has offered to donate a clock to the City of Farmington to be placed at the comer of3rd and Oak Streets in front of the Exchange Bank: building. The cost ofthe work is estimated to be less than $1,000. MOTION by Soderberg, second by Cordes adopting RESOLUTION R63-02 accepting the donation of a clock tower for the comer of 3rd and Oak Street. APIF, MOTION CARRIED. b) Metropolitan Council Livable Communities Opportunity Mr. John Conzemius, Metropolitan Council, congratulated Council on receiving a $40,000 Livable Communities grant. The grant will be used for the CSAH 50/ Spruce Street corridor. /d~9 Council Minutes (Regular) August 5, 2002 Page 2 6. CITIZEN COMMENTS Mr. David Pritz1afI, 20255 Akin Road, received information from the city stating the county will install signs along Pilot Knob Road indicating CSAH 31 continues south past 190th Street. He would prefer the sign to read to Hwy 50. Mr. Pritz1affwants to eliminate the amount of traffic on Akin Road by installing local traffic only signs. He has also noticed several vehicles with loud muffiers in the Pine Knoll area. He invited the police to park in his driveway to observe the situation. Mr. Pritz1afI also wanted Council to keep in mind that a crosswalk is needed on Akin Road. 7. CONSENT AGENDA MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: a) Approved Council Minutes (7/15/02 Regular) b) Adopted RESOLUTION R64-02 Accepting Donation - Parks and Recreation c) Adopted RESOLUTION R65-02 Appointing Election Judges, Primary E1ection- Administration d) Adopted RESOLUTION R66-02 Set Akin Road Project Assessment Hearing- Engineering e) Approved Joint Powers Agreement for ALF - Administration g) Approved Fire Relief Association Pension Request for 2003 - Finance h) Approved Bills i) Adopted RESOLUTION R67-02 Gambling Event Permit - 2003 Senior Class - Administration (Supplemental) APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Mineral Extraction Permit - Friedges Landscaping - Community Development Friedges Landscaping, Inc. requested a Conditional Use Permit for the Excavation, Grading and Mineral Extraction on the Helen W. Huber property at 210th Street and Fairgreen Avenue. Council granted a Conditional Use Permit on March 6,2000 contingent on the cleanup of the property by June 15,2000. This did not occur and the operation was closed. The cleanup was recently completed and has met the requirements. Friedges Landscaping proposes to extract fill material, back haul topsoil for future restoration, perform crushing operations to the stockpile of concrete on the property, and remove the crushed concrete from the site. The crushing operation will take 5-6 days and needs to comply with Section 3-22-15 concerning noise. The hours of operation will be 7 :00 a.m. to 5:00 p.m. Monday through Saturday. MOTION by Soderberg, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Verch approving the Conditional Use Permit for Excavation, Grading and Mineral Extraction Permit for the Huber property, with the surety date beingaextended to include the rehabilitation period. APIF, MOTION CARRIED. /0170 Council Minutes (Regular) August 5, 2002 Page 3 9. AWARD OF CONTRACT a) Adopt Resolution - TH3 and Willow Street Frontage Road Project - Engineering (Supplemental) Bids were received for the TH3 and Willow Street Frontage Road Project. McNamara Contracting, Inc. submitted the low base bid in the amount of $229,062.94. MnDOT has agreed to fund $167,400 ofthe project construction costs. The remaining construction and engineering costs will be allocated to adjacent properties. MOTION by Verch, second by Cordes adopting RESOLUTION R68-02 accepting the base bid of McNamara Contracting, Inc., in the amount of $229,062.94 and awarding the contract. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discussion Regarding Ordinance Amendment Excavations and Mining - Community Development Currently, the Council holds public hearings for Conditional Use Permits for mining permits after the Planning Commission makes a recommendation concerning the permit. This was approved in July 1996 to speed up the process. The Planning Commission asked if Council would like them to hold the public hearings instead of Council. It was decided to leave the public hearing process for mining permits with the City Council. b) Adopt Ordinance - Amending Lot Coverage Requirements - Community Development The Planning Commission recommended amending Section 10-6-5 (B) of the city code: R-1 (low density residential district), bulk and density standards to increase the maximum lot coverage from 25% to 30%. This would allow homeowners within the R-1 zoning district the same bulk and lot coverage controls as permitted within the R-2, R-3, R-4 and R-5 zoning districts. This was brought up to allow a homeowner in an R-1 district to build a deck. Counci1member Soderberg suggested that in the future, decks be excluded from the computation for lot coverage requirements. MOTION by Soderberg, second by Cordes, adopting ORDINANCE 002-479 amending Section 10-6-5 (B) of the Farmington Zoning Code increasing the maximum lot coverage for all structures from 25% to 30% within the R-1 Zoning District. APIF, MOTION CARRIED. c) Adopt Resolution - Carr Corner Development Contract - Engineering The Carr Comer Addition Development Contract was presented to Council. Contingencies are as follows: 1. The developer enter into this agreement. 2. The developer provide the necessary security in accordance with the terms of this agreement. 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. / c;?7! Council Minutes (Regular) August 5, 2002 Page 4 MOTION by Soderberg, second by Verch adopting RESOLUTION R69-02 approving the execution of the Carr Comer Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. d) Charter Communications - Administration As of July 31, 2002 Charter Communications will no longer carry ESPNews. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: Stated he will be absent from the August 19 Council Meeting. City Attorney Jamnik: The Council Meeting will be recessed and reconvene in Executive Session. Parks and Recreation Director Bell: There has been some confusion as to whether the skatepark is free to all residents. It is free to all residents of all ages. City Engineer Mann: Public Works, Solid Waste, and Parks will be moving to the new Central Maintenance Facility this week. The Akin Road paving will be completed this week. The Council Meeting recessed at 7:53 p.m. 14. EXECUTIVE SESSION a) Continuing Performance Evaluation - City Administrator 15. ADJOURN Executive Session adjourned at 9:50 p.m. Respectfully submitted, (/.-p~~ /Y7u-~ :7 Cynthia Muller Executive Assistant /c;J 701 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463~7111 Fax (651) 463-2591 www.cLfarmington.mn.us 76 TO: Mayor, Counci1members, City Administrator ~~ FROM: Karen Finstuen,. Administrative Services Manager SUBJECT: Adopt Resolution - Appointing an Additional Election Judge, Primary Election DATE: August 19,2002 INTRODUCTION . The Primary Election is Tuesday, September 10, 2002. DISCUSSION Primary election judges were approved at the August 5, 2002 Council Meeting. An additional request to serve as an election judge was received after that meeting. The attached resolution appoints an additional election judge for Precinct 2. BUDGET IMPACT Election costs are included in the 2002 budget. ACTION REQUIRED Adopt the attached resolution appointing an election judge for Precinct 2. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager /.;J 73 RESOLUTION NO. R -02 APPROVING AN ADDITIONAL ELECTION JUDGE PRIMARY ELECTION OF SEPTEMBER 10, 2002 Pursuant to due call and notice thereof, a regular meeting ofthe City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City the 19th day of August, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: NOW THEREFORE, BE IT RESOLVED that Genevieve Kuretich be approved to serve as an election judge in Precinct 2 for the Primary Election to be held September 10, 2002. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of August, 2002. Mayor Attested to the _day of , 2002. City Administrator SEAL /c:; 7 </ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ FROM: James Bell, Parks and Recreation Director SUBJECT: Repair Surfacing of Outdoor Rink - Middle School - Parks and Recreation DATE: August 19, 2002 INTRODUCTION The hockey rink at the middle school rink site needs resurfacing. DISCUSSION The rink at the middle school needs to be repaved. When it was originally paved, the plan was to make it as level as possible. This did not work as well as anticipated. The site has settled slightly and the boards act as a bowl and it holds water after a rain. The rink is unplayable until the water dries, which can be days. The rink that was paved this year has a crown designed on it and therefore drains well. In addition to the rink, staff would like to pave a portion of the trail from the rink site to the railroad bridge. This portion of the trail is rather low and is deteriorating from the water. The paving should restore the path and raise it enough to alleviate the standing water. BUDGET IMPACT Park Improvement Fund dollars will be used for this project. ACTION REOUESTED Approve the repaving of the middle school rink and path. Respectfully submitted, ~~ James Bell .. Parks and Recreation Director la'75 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c/ Mayor, Council members,City Administrator<f). TO: FROM: Robin Roland, Finance Director SUBJECT: School & Conference - Finance Department DATE: August 19,2002 INTRODUCTION Attendance at the Minnesota Government Finance Officers Association Conference, held September 18 - 20, 2002 at the Radisson Arrowwood in Alexandria is being planned. DISCUSSION This conference is an annual event for Government Finance Officers within the state organization. Conference events include sessions on GASB 34 financial reporting, internal control, debt structuring, bond ratings and TIF reporting. This conference qualifies as continuing education for professional finance personnel. BUDGET IMPACT The adopted 2002 budget includes funding for this conference. ACTION REQUIRED For information only. ~'YSU//b / RobinR~~ Finance Director I~ 7G, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7e- ~l, TO: Mayor, Counci1members, City Administrator FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Temporary On-Sale Liquor License - St. Michael's Church DATE: August 19,2002 INTRODUCTION St. Michael's Church is requesting a Temporary On-Sale Liquor License for a Fall Festival to be held September 13-15,2002. 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, staffwas informed that the State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. ACTION REQUESTED Approve the attached application for a Temporary Liquor License for St. Michael's Church, 22120 Denmark Ave., for their Fall Festival, September 13-15, 2002. The City Council has not adopted a fee for this permit, and has not charged a fee in the past. Accordingly, no license fee is proposed at this time. Respectfully submitted, ~~ ,~~~ Karen Finstuen Administrative Services Manager /c5? // 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 TAX EXEMPT NUMBER 5 Z+133 STAT~ N HOME PHONE 5a..h1.L ADDRESS II 0.-0 'J ADDRESS " Ir 22120 De\I'Y>'U).Y~ AV€-. Location where license will be used. If an outdoor area, describe oo~ N;)/I 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 insuran e? If so, the carrier's name and anwunt of coveragt;. (NOTE: Insurance is not mandatory.) dOlI: ~ w\ ~YlCL Lo. ~ 500 000 APPROVAL APPLICATION lYIUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIING TO ALCOHOL & GAl\iffiLING 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) /a 7c:r? City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7~ TO: {t Mayor, Councilmembers and City Administrator ; FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Appointment Recommendation - Police Department DATE: August 19,2002 . INTRODUCTION The recruitment and selection process for the appointment of a part-time Receptionist, to fill the part-time position authorized in the 2002 Budget in the Police Department, has been completed. DISCUSSION After a thorough review of applicants for this position by the Police Department and the Human Resources Office, an offer of employment has been made to Ms. Angela Scott, subject to approval by the City Administrator. Ms. Scott is currently employed with the City of Apple Valley. She has previous experience as a receptionist and meets the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2002 budget. RECOMMENDATION This is for informational purposes only. Respectfully submitted, ~~&~ / Brenda Wendlandt, SPHR Human Resources Manager /t5179 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Ed Shukle City Administrator FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Hiring Recommendation DATE: August 19,2002 INTRODUCTION As part of the 2002 Budget the Farmington Police Department was authorized an additional Part Time receptionist. Staff has completed the process and is prepared to make a recommendation. DISCUSSION Staffhas completed the recruitment, interview and background investigation process for the position of receptionist as approved by the Human Resources Division of the City. As a result of that process a candidate has been identified. Ms. Angela Scott is currently a Receptionist for the City of Apple Valley, MN where she has been employed since August 1997. She comes well qualified and highly recommended for the position. Ms. Scott would be available to begin bI( duties in the City of Farmington on September 3, 2002. X'~ BUDGET IMPACT h The 2002 budget authorized this position and sufficient funding is available. ACTION REOUESTED Staff is recommending that the City Administrator approve the Offer of Employment to Angela Scott and forward an informational memo to the City Council. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.rnn.us ~ TO: Mayor, Counci1members, City Administrator <7:r. FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: A ward Contract - Sidewalk and Curb Replacement Project DATE: August 19,2002 INTRODUCTION Two quotations were received for the 2002 Sidewalk Replacement Project. DISCUSSION North Country Concrete has submitted the lowest quotation for the sidewalk removal and replacement work proposed for 2002 in the amount of $16,038 (see attached tabulation of quotations). The budgeted amount for sidewalk replacement in 2002 is $13,000. Staffhas included areas showing signs of deterioration along 2nd Street by the railroad tracks that were not originally scheduled for this years program at the time of the 2002 budget preparation. BUDGET IMPACT The $13,000 amount budgeted for the sidewalk replacement project is accounted for in the City's Street division budget. The additional expenditure of $3,038 is proposed to be funded through the Park Improvement Fund. ACTION REOUESTED 1. Authorize by motion the expenditure of an additional $3,038 for this year's sidewalk replacement project. 2. Authorize by motion the award of contract for sidewalk removal and replacement to North Country Concrete in the amount of$16,038. Respectfully submitted, ~m~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file la~ ~ <::s "~ ~ .., '- "- ~ ~~ ] 6 ~.~ t:"<::s ~ c '-> ... ?\ ~"ti ~ ~ ~ ~ 13 .~ ~ <::s '-> ....... ~ ~ ...... 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"-e""'-o a)l-o~r- _ M V> ~"",;.:;,"", _OM orll-o "'" E= I- 0"''"' I-~ ..0 S '0 :0 N o o N ~ = - = ...;l -< E- O E- /dc:ol City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ TO: Mayor and Councilmembers FROM: Joel Jamnik SUBJECT: Administrator Evaluation Summary Report DATE: August 19,2002 Pursuant to the state's open meeting law (in particular, Minnesota Statutes 13D.05, Subd. 3) the City Council conducted a closed meeting as part of its August 5th Regular Council Meeting to evaluate the performance of City Administrator Ed Shuk1e. The law also requires that at its next open meeting, the public body shall summarize its conclusions regarding the evaluation. The following is intended to serve as a summary of the evaluation. The review of Mr. Shuk1e's performance was a follow-up to his six month review which had been conducted on March 18 and in anticipation ofthe one-year anniversary of his employment with the City (September 4th). At the six month review, the Council indicated that more time was needed to fully evaluate areas such as long-range planning and program development. In addition to these areas, the Council reviewed and discussed Mr. Shuk1e's performance in certain broad categories, including leadership, communication, and management, in regards to city issues and projects. The Council reached no consensus or conclusions regarding this matter. Respectfully submitted, . /2~~/d ~-~r<-;L; V' 1/<-"- &-J Joel Jamnik City Attorney /~~~ l5'a..- City of Farmington 325 Oak. Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councihnembers, City Administrator-(\ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer 3rd Street Overlay and Slip lining Project Assessment Hearing SUBJECT: DATE: August 19,2002 INTRODUCTION The Citl Council scheduled the 3rd Street Overlay and Slip1ining Project assessment hearing at the July 15t City Council meeting. DISCUSSION The 3rd Street Overlay and Slip lining Project has been completed. The improvements consist of a bituminous overlay and slip lining of the sanitary sewer along Third Street from Spruce Street to Ash Street. Miscellaneous curb and pedestrian ramps were also replaced. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost is $260,043. In accordance with the City's assessment policy, 65% of the project costs are proposed to be paid for by the City and 35% of the project costs would be assessed to the benefited properties. The methodology for assessing the comer lots is modified from the assessment policy in order to address the issues relating to past and future assessments for cross street improvements, as was discussed at the project hearing. The City's share of the costs will be funded from the Road and Bridge Fund and the Sanitary Sewer Fund. A cost allocation table follows: Project Cost Allocations Total Ci Assessed REU's Assessment! REU Bituminous Overlay $140,970.26 $91,630.67 $49,340 58 $850.68 $119,072.48 $77,397.11 $41,675 65 $641.16 $260,043 $169,028 $91,015 $1,491.84 I~<={ft./ ACTION REOUESTED Adopt the attached resolution accepting the assessment roll for the 3rd Street Overlay and Sliplining Project. Respectfully Submitted, ~/Vl~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file 1~.5 RESOLUTION NO. R -02 ADOPTING ASSESSMENT ROLL FOR PROJECT 01-09 Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of August, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Proiect No. 01-09 Description Location Bituminous Overlay and Sanitary Sewer Third Street from Ash Street to Spruce Slip1ining Street NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount ofthe assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2003 and shall bear interest at the rate of 6.5% per annum from the date of the adoption of this assessment resolution until December 31, 2002. To each subsequent installation when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 ofthe next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. /~~ This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of August, 2002. Mayor Attested to the day of August, 2002. City Administrator SEAL J~7 Third Street Improvements Project 01-09 .~'t~~~8"'l ~~.A~U ~~,,~ ~i':t., ~:.~!lt:<" ,',- ir .~.' S~1~-S';$ j~- \';,. -',tt;..~~~:;'~ ~... '-,",. \~., t>i'6.~J6 ~i~ 111 ",..!~, ". ;~:,. .'62.0,,;. ~ft .~~ ~'~'{~7: ,,,.. .~,62~t.3 l'i! ~"']M,~". ,.j:! "Ii\"'.""(~ "I''iI''f~'''',I:J*,;liil '} ~1tir; "', ~p;;t~.""" ~:f (,:r ~~' -~~t j;; ,~.qIj;1:2~~ -= ~-:"~. - ..tfl!.....-t!.;).' -':c. i'::t.\i>>7~1i6~{ 720 800 601 .~ " . . '609~' !-i~~~.~~~ _~:f . ,:.-,. ~, ,1,Ql3,, ,: , .- ", ;':6~ Z 62,1 CE- I- ~,.. .~..~,..,~~ ;.. " ':~ ; 8G'!4f\\*~ Jti -':;J?'~~~t~~;~~]~ t,_ ~-'It;: -H'IGK8RV-S-f 'f -""" '.- .! ~ i~,,', " ^ ~'~. . '\~;;~ ('12 '..".. . -1- ~, " ~.&.., ,t , ~:..o!~ <.. ~4'- ~ ';, 'Qs9CM >'J "r: ~;..:{!;';;{ ~J~~~~a ;i'~ .. .; k~W-';,B' ,~ !<[~,,,,g">p ,.4'.... ~....~..... L)U . :(..J.;c~ ~i:9"2'5 .. :;~ ~~~.'1;:.'i;';" . .:- ~.;..'~'~ 1,4-11'0' O' "1 ~i-JI ~ ~ .~~:'~<-*-".. ti>; tf~10n~8 ~,j ~.,';);' ': f~}.1,0~}7 ;jK~: ....;. ~~~~\~~~~.t ASH-Sf 1111 Assessed for overlay and slipline D Assessed for sanitary slipline only &; ~ N w E s ;00- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Mejybers, City Administrator<1J Lee Smick, AICP ;<.If!..., Planning Coordinator FROM: SUBJECT: Adopt Resolution - Comprehensive Guide Plan Amendment - St. Michael's Place DATE: August 19, 2002 INTRODUCTION The applicant, Farmington Development Corporation is seeking to amend the Comprehensive Plan from Public/Semi-Public to Medium Density for the property south of Spruce Street between 4th and 5th Streets at the address of 408 and 412 Spruce Street. DISCUSSION The Planning Commission recommended approval of the Comprehensive Plan Amendment from Public/Semi-Public to Medium Density. The property was zoned from R-2 (Low/Medium Density Residential) to R-T (Downtown Transitional Mixed Use) on May 6,2002. Therefore, the Comprehensive Plan needs to be amended from Public/Semi- Public to Medium Density to comply with the Zoning Map. The surrounding area is shown as Low/Medium Density on the north and east, public/semi-public on the south, and High Density on the west. ACTION REQUESTED Approve the Comprehensive Plan Amendment from Public/Semi-Public to Medium Density Residential for the property south of Spruce Street between 4th and 5th Streets at the address of 408 and 412 Spruce Street. ~IY~ Lee Smick, AICP Planning Coordinator IO?~ RESOLUTION NO. AMENDING THE 2020 COMPREHENSIVE PLAN FOR THE PROPERTY LOCATED SOUTH OF SPRUCE STREET BETWEEN 4TH AND 5TH STREETS AT THE ADDRESS OF 408 AND 412 SPRUCE STREET 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 19th day of August, 2002 at 7:00 P.M. Members Present: Mernbers Absent: introduced and Member _ seconded the following: Member WHEREAS, the City of Farmington has initiated a Com~rehensive Land Use amendment for the property south of Spruce Street between 4th and 5t Streets at the address of 408 and 412 Spruce Street within the City of Farmington from Public/Semi-Public to Medium Density; and WHEREAS; the Planning Commission held a public hearing on the 13th day of August, 2002 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners, and WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Cornprehensive Plan Amendment for the property south of Spruce Street between 4th and 5th Streets at the address of 408 and 412 Spruce Street within the City of Farmington from Public/Semi-Public to Mediurn Density; NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington herebl amends the 2020 Comprehensive Plan for the property south of Spruce Street between 4t and 5th Streets at the address of 408 and 412 Spruce Street within the City of Farmington from Public/Semi-Public to Medium Density contingent upon the following: 1. Subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of August, 2002. Mayor Attested to the _ day of August, 2002. City Administrator /~90 ~ + I--- -l ! ----; i I U en-----' (J) ~!:~ :en ~- o - O)~ C (J) >- - (.) 5 co ~ Na... I _en - ~ (J) co~ ...c - (.) E~ - L- co-- LLCf) ~ ""0 o (J) ~en ~o 00- o L- a... r- C/) ~ o ~S l -....... 18 H1L Il ~ - I ----! I L - I -L:~ 7- - Nt - - - ; I - , - 18 H19 --" l - I ~- ~ '- ~'" L~ (j~ ~ - I 18 H1S 1 1 ~ - + 1,,- ~ ~ ~- - l 18 H1P 18 a~8 I...- L l - - - 1...--1-:- rY ] L .-rJI r- C/) w o :::J 0:: a. C/) - 1 w z.~ ~ i I I~l !~ ~ :=-_~~~:::- f~ g _ _ ~ '<r~<r~=_ ~!~ " B_~ E ~",.~o~.. 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UE 0 U 0 N 0 N I-- CJ) ~ 0 -.... 18 H1L I - I J I ; Ii , I, , I I I , I w z.~ c: ~ ~ ~ Q) .~- ~ :; ; 'C ." c: E ; ; CD ~ g.~ C')...J.~ U ~'ii.g GJ ~ en ~[~~~9- ...J .~ ~ ~ ;~:! ~ ~ ~ :6 ~ "e Q)W--OC:U-U)Q)Q)EQ)Q) ~ ; -g E IV ~.~ U) a.c:: c: U ~ ao ::!: ~ c E 1ii ~ ~ c: e"i::.!:! E ~ ~]~5-5'~ ;;.e'~=:g< 8.3.3::;;:i:U..!:CDCl.:JWl!::Cl.Z ~ 18 H19 - >- ~E-L- ~ t ::J 'E Q) -0 ~ Q) , Q) L- 0.. ~ CJ) .~ r-----o -- :0 0 ;: .~ l.... .0 :!J a... q ::J c: +-' 0... () I Q) I ~' E :::J 18 H1S ~-.:l J - -- E E I .., .:::! -0 ~ , Q) I ~ - ..::::: ;: ~ ..J 0 ---1 18 H1P \ >. ~ C I-- >. >. I-- S Q) CJ) .... .... CJ) ill "w "w- I-- .- ...... u c C -0 ..s:::. Q) ..9:? ::> Q) 0) ::> 0 ...... z ~ I 0::: ~ J 0... ..s:::. -E, ;: CJ) .2> :s: .::J I I ; I' 18 OClE '-- I I I /a9~ lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Me,wbers, City Administrator<z,...t Lee Smick, AICP f(le Planning Coordinator FROM: SUBJECT: Adopt Resolution - St. Michael's Place Preliminary and Final Plat DATE: August 19,2002 INTRODUCTION Farmington Development Corporation proposes to plat 12 lots on 1.4 acres located south of Spruce Street, west of 5th Street, north of the School District's Alternative Learning Center, and east of 4th Street. The property is the site of the former St. Michael's Church building. The property is zoned R- T within the R-l (Downtown Transitional Mixed Use District). DISCUSSION The applicant, Farmington Development Corporation, has submitted a Preliminary and Final Plat for St. Michael's Place. The property consists of 1.4 acres and is zoned R-T (Downtown Transitional Mixed Use District). The property is bounded by Spruce Street on the north, 5th Street on the east, the School District's Alternative Learning Center on the south, and 4th Street on the west. A vacant church currently exists on the property. The convent was demolished and the garage was moved on July 12, 2002. Single-family residential exists north and east of the site, institutional (school) to the south, and multi-family (apartrnents) to the west. Planning Commission Meeting - August 13, 2002 At the August 13, 2002 Planning Commission meeting, the Commission approved the Conditional Use Permit, variance to the off-street parking requirements, and variance to the maximum lot coverage. The Planning Commission recommended amending the Comprehensive Plan from Public/Semi-Public to Medium Density Residential. The Commission also recommended approval of the St. Michael's Place Preliminary & Final Plat. Building Elevation and Floor Plan The townhomes are proposed to be constructed similar to the Oak Place townhomes constructed by the developer in 2000 (see attached photos). The townhomes are proposed as single-level, slab-on-grade construction. The exterior is proposed with a light tan vinyl siding on the exterior of the unit and garage. The side of the units facing the street will be constructed with a rock facade. The roofing material is asphalt. /~9~ Each floor plan consists of two bedrooms, two baths and a 20' x 20' garage. A covered porch is located in the rear of the unit and may be converted into a 4-season porch or additional enclosed room. Transportation Public streets including 4th, 5th and Spruce are adjacent to the property. The street widths are 80 feet. Parking is allowed on both sides of the streets. A public alley exists on the south side of the property and is 40 feet in width. Parking is not allowed in the alley except for loading and unloading of vehicles. Off-Street Parking A total of 2 parking spaces are required for each unit. An additional 0.25 space per unit is also required within the common area. Therefore, 3 parking spaces (0.25 x 12) are required within the common area. The Planning Commission approved a variance to this requirement at the August 13, 2002 meeting. Lot Coverage The density for a developrnent within the R-T zoning district is 8.5 dwelling units/acre. Therefore, a maximum of 12 dwelling units may be located on the 61,200-square foot (1.4 acre) site. Each dwelling unit is proposed at 1,960 square feet for a total of23,520 square feet for the three townhome buildings. The maximum allowable lot coverage in the R-T zoning district is 35%. Calculating the dwelling units per acre, the proposed lot coverage is 38.43%, 3.43% over the allowable lot coverage. The proposed development is 2,099 square feet over the required lot coverage maximum. This amount is roughly equivalent to the square footage for one dwelling unit. The Planning Commission approved a variance to the maximum lot coverage at the August 13, 2002 meeting. Utilities Utilities are readily accessible to the site. Sanitary sewer exists within the right-of-way on Spruce Street and 5th Street. An 18-inch water line exists along Spruce Street. Storm sewer exists along 4th, 5th and Spruce Streets. Easements will be required for all utilities on private property. Parks, Sidewalks The developer is required to submit park fees for the project. The developer proposes to remove the existing sidewalk and replace it during construction. A sidewalk is proposed along 4th Street. Landscaping Eighteen deciduous trees line the boulevard on 4th, 5th, and Spruce Streets. Eighteen deciduous trees are required to be located within the boulevard. The landscape plan currently shows sixteen boulevard trees, four along 4th Street, nine along Spruce Street, and three along 5th Street. Comments have been submitted to the developer requiring additional trees along the boulevard to meet the street tree requirement. The developer has also proposed that seven existing boulevard trees be relocated within the interior of the site. The City has informed the developer that this would not be allowed. Any boulevard trees that require removal will be relocated to other boulevards in the City. /01951 Demolition Permit The construction of the proposed townhomes would require the demolition of (the former) St. Michael's Church. Farmington Development Corporation has applied for a demolition permit. The demolition permit will be provided to the applicant when certain information requested by the City has been received, reviewed, and approved (see attached letters dated March 27,2002 and July 16,2002). As a requirement of the development, the proposed townhomes cannot be constructed unless or until the demolition permit has been released and the church has been demolished. Engineering Requirements The Engineering Division recommends the approval of the preliminary plat contingent upon any minor engineering issues. ACTION REQUESTED Consider a resolution approving the St. Michael's Place Preliminary & Final Plat contingent upon the following: 1. Submission of a Landscape Plan indicating 2 additional trees within the boulevard. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. ~l~ Lee Smick, AICP Planning Coordinator cc: Farmington Development Corporation /~~5 RESOLUTION NO. APPROVING PRELIMINARY & FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT ST. MICHAEL'S PLACE 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 19th day of August, 2002 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking preliminary and final plat review and approval ofSt. Michael's Place; and WHEREAS, the Planning Commission held a public hearing for the preliminary and final plat on the 13th day of August, 2002 preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the St. Michael's Place Preliminary and Final Plat at its meeting held on the 13th day of August, 2002 and WHEREAS; the City Council reviewed the St. Michael's Place Prelirninary and Final Plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above preliminary and fmal plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. Submission of a Landscape Plan indicating 2 additional trees within the boulevard. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of August, 2002. Mayor Attested to the _ day of August, 2002. City Administrator IO?~ 00 Q) E o ..c c ~ o ~ Q) (,) eo G- OO Q) eo ..c (,) - . . , J) ""C Q) 00 o a. o ~ G- b ~ CJ - u, c;) ~ f-- D - ~ :::=J ~ . , ~. .. I 0 ~D C I UnlD [S I 0 LJ DO tPu 0 1\0 L ~'Io DCO. .~ q ,.. " p.- I--- rtJ I 0... ~ ii~~.::CJ !,CD 010 1,"-=='" ~i'LJ .CJ iIRc.J.' -j ~ 0- eo J ~ c 0 cr-----'- ~ eo IL-.i. 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'.ri' .. ~~~~ ~~~ ~ /' ,~ tl t~ ik' . , '. rl .~ y Community Development Department City of Farmington 325 Oak Street Farmington ~ 55024 651-463-1860 (Fax 651-463-2591) March 27,2002 Mr. Steve Hofer, Business Manager St. Michael's Church 22120 Denmark Avenue Farmington MN 55024 RE: Demolition Permit - St. Michael's Church (420 Spruce Street) Dear Mr. Hofer: The City recently received a permit application for a project described (in the application) as "Demo of Church." The "Property Owner" identified in the application was "Fgtn Development." The City staff members who received the application knew that St. Michael's Church was the owner of record of the property in question. They therefore added "Church of St. Michael" to the permit application and requested that the permit application be signed by an authorized representative of the Church. Mr. John Frank subsequently signed the permit application as "Trustee" on March 18, 2002. The requested demolition permit has been issued in the name of the Church of St. Michael (the current owner of the structure that is the subject of the permit application), and is being held at City Hall. However, there are some requirements that will have to be sati::;:Eied prior to the release of the demolition permit to the Church in this instance, given the size of the structure, its age, its proximity to occupied residences, and the potential for damage to City infrastructure. These requirements are based upon input from the Fire Marshal, the Engineering Division, the Police Department, the Building Inspections Division, and other City staff members. We would appreciate your cooperation in providing the City with a written response to this letter that includes the following information and/or documentation: 1. The anticipated starting and ending dates for the demolition process, along with the proposed hours of operation during that period. 2. The name of the company that will be performing the demolition, and the name and telephone number(s) of the representative of that company who will be directly supervising the demolition. 3. Written documentation of the fact that the demolition contractor is licensed, bonded and insured. 4. A written report (prepared by a reputable environmental consultant) that addresses the possible presence of asbestos and/or other pollutants or contaminants, and that specifies the proposed procedure(s) for removing and disposing of them. 5. Information about whether, where and when the demolition contractor proposes to close 4th Street or Spruce Street (or the alley behind the church) to vehicular traffic. Please include information about whether, where and when the contractor proposes to close the sidewalks along 4th Street and Spruce Street to pedestrian traffic, and whether (and for how long) the contractor proposes to park any demolition-related equipment (cranes, etc.) on City streets, the adjacent alley or nearby sidewalks. If /300 y' the closure of any City street(s) or sidewalk(s) is proposed, please submit a Traffic Control Plan (for review by the Police Department). 6. The proposed routes for transporting demolished material away from the demolition site, and the location(s) of the dump site(s). Be advised that copies of disposal tickets will have to be submitted to the City. 7. The proposed procedure(s) for safely disconnecting any utilities that currently serve the site. 8. A proposed plan for restricting access to the site to ensure public safety during the demolition process, including type and location of fencing, signage, gate location(s), and "after hours" security precautions. 9. A dust control plan. 10. Information regarding your (or the demolition contractor's) intentions regarding subsurface removals; i.e., whether or not foundation walls and [basement] interior walls, footings and basement floors will be demolished and removed from the site. Engineered fill and compaction tests will be required for any subcut areas upon which structures are proposed to be built. For subcut areas that will not be partes) of future building pads, a proposal for the sodding, seeding or post-demolition reestablishment of such areas must be subm itted and approved. 11. Information about the procedure(s) that you and/or your demolition contractor will employ to directly notify area residents regarding the nature of and schedule for the demolition project. 12. An approved letter of credit (or other surety arrangements acceptable to the City") in the amount of $75,000 as security for possible damage(s) to streets, curbs, gutters, alleys, or sidewalks, and/or damage(s) related to the transportation of demolition debris, and/or City costs related to any non- completion or inadequate supervision of the demolition project. The demolition permit that has been issued will be released to the Church of St. Michael when the City has received and approved the information and documentation requested above. Your written response to this letter should be directed to my attention, and should be signed by an authorized representative of the Church. The demolition permit fee of$743.75 will also have to be paid in full prior to the release of the permit. The City has been advised (verbally) by various parties that Mr. Colin Garvey has a legal interest in the property in question by virtue of a contractual agreement with the Church. Please provide the City with a copy of the document (purchase agreement, purchase option, etc.) that serves as the basis for Mr. Garvey's legal interest in the property. Upon receiving it, and after the release of the demolition permit, we will then be able to deal directly with Mr. Garvey in connection with matters related to the actual demolition, if the Church requests or directs that we do so. If you havt any questions concerning this information, please do not hesitate to call me at 651-463-1860.> Sincerely, Kevin Carroll Community Development Director cc: Ed Shukle, City Administrator Lee Mann, City Engineer Ron Wasmund, Interim Building Official John Powers, Fire Marshal Dan Siebenaler, Chief of Police Lee Smick, Planning Coordinator Joel Jamnik, City Attorney File /..301 P.O. BOX 85 WEBSTER, MN 55088 JJ ~ . of/ C6 / 0 /V' /{/' RUD CONSTRUCTION, INC. AN EQUAL OPPORTUNITY EMPLOYER Phone (952)461-2270 OR (952}652-2886 Fax (952)652-2896 June 25, 2002 Community Development Dept. City of Farmington 325 Oak St. Farmington MN 55024 Garvey Construction, Inc. 22098 Canton Court Fannington MN 55024 RE: St. Michael's Church Demolition 420 Spruce St. Farmington MN 55024 Response to the City of Farmington letter: Item 2: Item 3: Item 4: Item 5: Item 6: Item 7: Rud Construction, Inc. Webster MN 55088 952-461-2270 - phone 952-652-2896 - fax Job Superintendent: Glenn Franek Minnesota Corporation: 3C529 - 12/23/77 Bonding Company: Klein Agency, Inc. St. Paul MN Bond provided upon City of Farmington request. Insurance: Heartman Agency Northfield MN Environmental Survey: Environmental Assurance, Inc. Northfield MN Project anticipated length: 2 weeks. Plan to close alley south of Church, propose lane closure 4th Street, propose lane closure Spruce Street, close all sidewalks adjacent to project. Demolition sources: Recyle brick and concrete to Garvey Construction recycling pit. Non-recyclable material to Demcon, Inc., Shakopee and Rice County Landfill, Faribault, MN. Utility services exposed and capped. Gopher State notification. AN EQUAL OPPORTUNITY EMPLOYER /3OX ~ City of Farmington Garvey Construction, Inc. RE: St. Michael's Church Demolition Page 2 Item 8: Safety fence project City police patrol After hours phone numbers: 612-221-0771 - Tim Rud 612-221-3230 - Glenn Franek Item 9: Dust Control: RudConstruction, Inc. - water truck Dust Control, Inc. - water/chloride Item 10: Plan to excavate all subsurface foundations and dispose. Granular backfill: placed, compacted, tested by Instant Testing/McGhie & Betts. Sincerely, Tim Rud Vice President TRim AN EQUAL OPPORTUNITY EMPLOYER /303 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us July 16,2002 Garvey Construction, Inc. and/or Farmington Development, Inc. Attention: Mr. Colin Garvey 22098 Canton Court Farmington"MN 55024 Rud Construction, Inc. Attention: Mr. Tim Rud P.O. Box 85 Webster"MN 55088 RE: St. Michael's Church Demolition Permit (420 Spruce Street) Gentlemen: - -. ...~ .:C- -....... I am writing in response to Mr. Rud's letter dated June 25,2002, which was received at Farmington City Hall on July 8, 2002. Some of the information that was requested in the City's letter to St. Michael's Church dated March 27,2002 (see attached) has not yet been provided. I have included relevant portions of that letter below, along with some clarifying comments: 1. The anticipated starting and ending dates for the demolition process, along with the proposed hours of operation during that period. Please provide the proposed hours of operation. (We recognize that you will not be able to provide starting and ending dates until more is known about the timetable for the review and approval of the plat.) 4. A written report (prepared by a reputable environmental consultant) that addresses the possible presence of asbestos and/or other pollutants or contaminants, and that specifies the proposed procedure(s) for removing and disposing of them. The Asbestos Building Inspection Report prepared by Environmental Assurance does not provide any information about the proposed procedure(s) for removing and disposing of the asbestos that has been determined to be present in the building. Please provide this information. 5. Information about whether, where and when the demolition contractor proposes to close 4th Street or Spruce Street (or the alley behind the church) to vehicular traffic. Please include information about whether, where and when the contractor proposes to close the sidewalks along 4th Street and Spruce Street to pedestrian traffic, and whether (and for how long) the contractor proposes to park any demolition-related equipment (cranes, etc.) on City streets, the adjacent alley or nearby sidewalks. If the closure of any City street(s) or sidewalk(s) is proposed, please submit a Traffic Control Plan (for review by the Police Department). Although your response refers to two proposed lane closures, no Traffic Control Plan has been submitted to date. The methods that you propose to utilize to close the roadway lanes and the sidewalks have not been specified. Please provide more information in this regard, or contact Police Chief Dan Siebenaler directly to explain your plans and secure his approval. 6. The proposed routes for transporting demolished material away from the demolition site, and the location(s) of the dump site(s). Be advised that copies of disposal tickets will have to be submitted to the City. No information has been provided regarding the proposed routes for transporting demolition debris. Please provide this information. Be advised that other City staff mernbers would prefer that loaded trucks take 5th Street to Elm /3d( " Street, and Elm Street to the east or west, rather than using 4th Street or Spruce Street. Please provide the street addresses of the three dump sites identified in your initial response. 7. The proposed procedure(s) for safely disconnecting any utilities that currently serve the site. With respect to both the church building and the former convent, please provide a drawing that shows specifically where the sanitary sewer and the water main will be capped. Specify how these services will be cut and capped. Be advised that Public Works personnel will have to inspect any such cutting/capping before the cut ends are buried. The release of the demolition permit will be contingent upon the City's receipt of written verification from each of the following service providers that the utilities in question have been safely disconnected: gas, electric, cable TV, telephone. 8. A proposed plan for restricting access to the site to ensure public safety during the demolition process, including type and location of fencing, signage, gate location(s), and "after hours" security precautions. We ask that you elaborate upon your reference to "safety fence project," which provides little information about the type/location oHencing, gate locatkm(s), etc. The Public Works Department has indicated that an eight foot chain link fence around the entire perimeter of the demolition site, with controlled gate access, will be needed to ensure public safety during the projected two week duration of the demolition. If you believe otherwise, please indicate that fact in your response. It also seems appropriate that you provide after-hours security for the site, rather than relying exclusively on "city police patrol." Again, if you believe otherwise, please indicate that in your response. 11. Information about the procedure(s) that you and/or your demolition contractor will employ to directly notify area residents regarding the nature of and schedule for the demolition project. You did not respond to this item. Please provide us with a response. 12. An approved letter of credit (or other surety arrangements acceptable to the City) in the amount of $75,000 as security for possible damage(s) to streets, curbs, gutters, alleys, or sidewalks, and/or damage(s) related to the transportation of demolition debris, and/or City costs related to any non-completion or inadequate supervision of the demolition project. You did not respond to this item. Please provide a response and/or the requested letter of credit (or other approved surety arrangement). ******* As you !mow, dernolition projects of this rnagnitude in the middle of an established residential neighborhood are uncommon in Farmington. The City's desire for additional information about your demolition plan is motivated by our desire (and indeed, obligation) to protect the health, safety and welfare of the general public to the greatest extent possible. City staff members stand ready to provide you with any clarification(s) that you might need with regard to the topics addressed above, in order to help ensure that your project is safely and successfully completed. Please call me at 651-463-1860 or 651-775-5962 if you have any questions or if you need assistance of any kind. Sincerely, Kevin Carroll Community Development Director cc: Ed Shukle, City Administrator Dan Siebenaler, Police Chief Lee Mann, Public Works Director /.305 JOe:!...- CITY OF FARMINGTON SUMMARY OF REVENUES AS OF JULY 31,2002 58.33 % Year Complete $ $ % $ % GENERAL FUND Property Taxes 2,600,079 242,994 1,188,515 45.71 910,717 50.75 Licenses/Permits 809,175 85,507 810,052 100.11 547,454 57.92 Fines 75,000 5,834 35,751 47.67 47,059 62.75 Intergovernment Revenue 784,517 318,624 397,456 50.66 560,855 49.58 Charges for Service 272,500 10,236 131,081 48.10 47,429 19.51 Miscellaneous 330,500 25,078 175,927 53.23 141,401 61.35 Transfers 344,500 28,708 200,958 58.33 218,750 57.64 Total General Fund 5,216,271 716,981 2,939,740 56.36 2,473,665 51.54 SPECIAL REVENUE HRA Operating Fund 17,000 1,000 9,240 54.35 3,233 2.01 Police Forfeitures Fund 9,050 3,755 41 .49 0.00 Recreation Operating Fund 213,350 13,166 52,713 24.71 111,921 35.11 Park Improvement Fund 117,000 17,392 101,815 87.02 82,044 46.35 ENTERPRISE FUNDS Ice Arena 229,900 4,677 113,853 49.52 98,409 45.79 Liquor Operations 2,810,500 183,700 1,298,044 46.19 1,327,158 56.32 Sewer 1,224,675 56,292 795,140 64.93 1,021,985 91.07 Solid Waste 1,216,600 306,938 628,530 51.66 585,604 51.14 Storm Water 320,300 355,101 436,022 136.13 439,788 144.19 Water 1,572,000 269,851 872,474 55.50 727,022 51.20 Total Revenues 9,806,796 1,386,297 7,251,326 73.94 6,870,829 73.42 13 d. CITY OF FARMINGTON SUMMARY OF EXPENDITURES AS OF JULY 31, 2002 58.33 % Year Complete GENERAL FUND $ $ $ % $ % Legislative 90,439 6,167 34,692 38.36 33,656 40.77 Administration 325,077 39,513 197,828 60.86 188,167 65.67 Personnel 129,725 8,620 62,235 47.97 72,295 55.50 MIS 55,833 5,289 30,005 53.74 24,412 56.81 Elections 22,657 2,730 2,746 12.12 2,563 37.83 Communications 67,877 5,005 32,419 47.76 38,335 66.47 Finance 364,160 32,455 231,076 63.45 199,103 58.28 Planning/Zoning 139,785 18,598 89,588 64.09 75,474 58.25 Building Inspection 262,781 23,319 143,838 54.74 131,480 58.37 Community Development 86,474 9,126 45,004 52.04 48,256 54.26 Police Administration 371,591 42,075 209,273 56.32 169,929 54.67 Patrol Services 960,870 108,012 550,317 57.27 500,510 50.99 Investigation Services 150,728 15,523 52,027 34.52 44,954 55.25 School Liason Ottic 67,059 8,598 44,449 66.28 36,276 59.27 Emergency Management 1 ,400 85 6.07 13,899 121.92 Fire 333,888 22,932 135,871 40.69 126,165 41.02 Rescue 37,547 120 14,731 39.23 21,960 53.24 Engineering 233,788 36,593 151,763 64.91 130,373 54.44 G.I.S. 10,423 323 619 5.94 3,239 23.95 Streets 367,823 57,536 216,083 58.75 174,375 54.81 Snow Removal 84,994 184 37,528 44.15 60,335 68.59 Signal Maint 85,600 7,609 45,087 52.67 44,295 51.38 Fleet Maint 118,031 18,407 71,484 60.56 39,377 54.04 Park Maint 197,792 42,857 172,351 87.14 185,738 78.85 Forestry 102,904 4,176 17,369 16.88 9,305 13.91 Building Maint 105,517 12,098 56,784 53.82 54,429 52.57 Recreation Programs 285,633 41,103 147,868 51.77 75,505 49.98 Outdoor Ice 25,875 598 6,602 25.51 9,005 45.23 Transfers Out 130,000 0 0.00 21,948 19.83 Total General Fund 5,216,271 569,566 2,799,722 53.67 2,535,358 54.02 SPECIAL REVENUE HRA Operating 46,852 4,049 29,868 63.75 33,997 46.50 Police Forfeitures Fund 9,813 717 7,238 73.76 0.00 Senior Center 110,543 13,028 58,818 53.21 Swimming Pool 132,846 44,882 82,851 62.37 0.00 Park Improvement Fund 70,000 37,005 58,527 83.61 38,392 54.85 ENTERPRISE FUNDS Ice Arena 269,081 20,957 133,493 49.61 132,231 62.78 Liquor Operations 2,620,197 242,280 1,339,072 51.11 1,054,347 46.82 Sewer 898,610 65,613 621,047 69.11 507,160 51.42 Solid Waste 1,231,370 103,246 664,849 53.99 718,333 60.09 Storm Water 175,030 14,882 104,469 59.69 108,320 76.19 Water Utility 470,539 70,832 416,419 88.50 323,150 67.69 Total Expenditures 10,955,766 1,158,430 6,316,373 57.65 5,342,968 52.36 /30) /od City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Counci1members, City Administrator t: r I FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Giles Hillside Addition Development Contract DATE: August 19,2002 INTRODUCTION The Development Contract for Giles Hillside Addition IS forwarded herewith for Council's consideration. DISCUSSION The final plat for Giles Hillside Addition was approved by the Planning Commission on June 11, 2002 and by the City Council on July 1, 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. /3cr? ACTION REOUESTED Adopt the attached resolution approving the execution of the Giles Hillside Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, oLYh~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file /307 RESOLUTION NO. R -02 APPROVING DEVELOPMENT CONTRACT GILES HILLSIDE 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 19th day of August, 2002 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R56-02, the City Council approved the Preliminary and Final Plat of Giles Hillside Addition subject to the following conditions. 1. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division; 2. The developer submitting a letter of credit and certificate of insurance required under the terms of 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 19th day of August, 2002. Mayor Attested to this _ day of ,2002. SEAL City Administrator /3/0 DEVELOPMENT CONTRACT AGREEMENT dated this 19th day of August, 2002, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and T.C. Construction Inc., a Minnesota corporation, (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Giles Hillside Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the fmal plat. 3. Development Plans and Rie:ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 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 filed for recording 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 /3/1 4. Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zonine:IDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements and Pilot Knob Road/CR 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 1. Erosion Control, Site Grading and Ponding J. Traffic Control Devices k. Setting of Lot & Block Monuments I. 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/CR 31 Assessments The parent parcels of Giles Hillside Addition have been assessed for improvements to Pilot Knob Road/CR 31. The total outstanding levied assessment amount for the parcels is: Parcel Nos. 140130001058 146825101000 146825103000 Total amount levied: $1,316.13 $912.04 $602.81 Total: $2,830.98 2 /~/~ The Developer may elect to pay the assessment and accrued interest in cash at the time of final plat approval or have it prorated and reassessed to the lots and blocks of Giles Hillside Addition. If assessed, the assessments shall be spread over a 10-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 7. Time of Performance. The Developer shall install all required public improvements by September 30, 2003, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the [mal 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 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 3 /3/3 thirty (30) days, the City may draw down the letter of credit to pay any 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 $188 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapinl!. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of 4" of black dirt. The responsibility for the installation of black dirt shall not be transferred to homeowners. C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to I shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving, construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of $16,427 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. 16. Wetland Conservation and Mitil!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. 4 /.:3/51 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of$3,526 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 $4,815 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 $5,244 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer has satisfied the City's park dedication requirements by dedicating 0.39 acres, platted as outlot A, of the Giles Hillside Addition to the City of Farmington. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $558 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 $236 based upon the number of lots 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. 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 $139,600. The bank and form of the 5 /.315 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: GradinglErosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $8,395 $25,317 $53,335 $13,517 $4,012 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $2,250 $9,938 $12,500 $1,392 N/A Two Years Principal and Interest on Assessments $8,945 This breakdown is for historical reference; it is not a restriction on the use of the security. 27. Responsibilitv for Costs. A The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, 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. 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 required to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Existine: Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 6 /3/~ 32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. Miscellaneous. A This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of erosion control devices, 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 certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; 7 /3/'/ that there are no unrecorded interests in the property being fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 AM. until 7:00 P.M. 8:00 AM. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 34. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: T.C. Construction Inc. P.O. Box 51 Elko, MN 55020 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: Ed Shukle, City Administrator City of Farmington, 325 Oak Street Farmington, MN 55024 8 /317 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Edward J. Shukle, City Administrator DEVELOPER: T.C. Construction By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651)463-7111 9 /3c10 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 J. 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 ofT.C. Construction Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 10 /30?/ EXHIBIT" A" GILES HILLSIDE ADDITION LEGAL DESCRIPTIONS: All that part of the following described tracts ofland situated the County of Dakota, State of Minnesota to wit: Outlot A, SILVER SPRINGS 2ND ADDITION, according to the recorded plat thereof: Except that part contained within Parcel 38, DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 198, according to the recorded plat thereof. Outlot B and Outlot C, SILVER SPRINGS 2nd ADDITION according to the recorded plat thereof. The following described tracts ofland as designated and depicted per DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 198, according to the recorded plat thereof, (as contained within the former right of way of County State Aid Highway No. 31): PARCEL 35A, PARCEL 35B, PARCEL 35C, PARCEL 39B, PARCEL 39C, PARCEL 42. Also that part of the Southwest Quarter of Section 13, Township 114 North, Range 20 West lying easterly and northerly of the easterly and northerly lines of Parcel 39 A and the easterly extension of said north line of Parcel 39A from Right of Way Monument B31 as designated on said DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 198 to its intersection at the southwest corner of Parcel 39E and lying southwesterly of said Parcel 39B and Parcel 39C. 11 /3~~ IGJ e.. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: ~J. Mayor, Councilmembers, City Administrator FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Meadow Creek Second Addition Development Contract DATE: August 19,2002 INTRODUCTION The Development Contract for Meadow Creek Second Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Meadow Creek Second Addition was approved by the Planning Commission on May 14, 2002 and by the City Council on May 20, 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 Meadow Creek Second Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~)rl~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file / &;;? 3 RESOLUTION NO. R -02 APPROVING DEVELOPMENT CONTRACT MEADOW CREEK 2ND 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 19th day of August, 2002 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R 78-01, the City Council approved the Preliminary Plat of Meadow Creek Second Addition; and, WHEREAS, pursuant to Resolution No. R45-02, the City Council approved the Final Plat of Meadow Creek Second Addition subject to the following conditions: I. The rear property lines on Lot 1 and 2 Block 1 need to be relocated 5 feet to the southeast of the centerline of the gas main that is defined in the confmement agreement. 2. Minor engineering issues need to be addressed and approval of the construction plans for grading, storm water, sanitary sewer and water utilities by the Engineering Division. 3. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 4. Reimbursement of City engineering, administrative and legal costs and expenses incurred by the City in connection with the plat. 5. The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. 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. /.3~y This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of August, 2002. Mayor Attested to this _ day of ,2002. SEAL City Administrator /3;15 DEVELOPMENT CONTRACT AGREEMENT dated this 19th day of August, 2002, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Progress Land Company, Inc., a Minnesota corporation (DEVELOPER). 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for Meadow Creek Second Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Rie:ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 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 / 3 ;;:u;~ 4. Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zouine:IDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements and Pilot Knob Road (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 I. 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 Meadow Creek Second Addition have been assessed for improvements to Pilot Knob Road (CSAH 31). The total levied assessment amount for the parcels is: Parcel Nos. 144780002000 Total amount levied: $ 49,312.83 A portion of the levied assessment plus interest becomes due with the final platting of Meadow Creek Second Addition. The amount due with Meadow Creek Second Addition will be calculated proportionally based on the area of Meadow Creek Second 2 /3~) 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 Meadow Creek Second Addition. If assessed, the assessments shall be spread over a 10-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A 429.081. 7. Time of Performance. The Developer shall install all required public improvements by September 30, 2003, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for fmal acceptance of streets and utilities. 10. 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 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 3 /3;?~ 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 any 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 $2,848 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapine:. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of 4" of black dirt. The responsibility for the installation of black dirt shall not be transferred to homeowners. C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving, 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 Manae:ement Fee. The Developer shall pay an area storm water management charge of $248,342 in lieu of the property paying a like assessment at a later date. The surface water management fee will be paid by the Developer upon execution of this agreement. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of $102,488 for the plat in lieu of the property paying a like assessment at a later date. The water main trunk area charge will be paid by the Developer upon execution of this agreement. 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. 4 /3~9 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $67,945 for the plat in lieu of the property paying a like assessment at a later date. The water treatment plant fee wilLbe paid by the Developer upon execution of this agreement. 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 $79,275 for the plat in lieu of the property paying a like assessment at a later date. The sanitary sewer trunk area charge will be paid by the Developer upon execution of this agreement. 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. A credit of $9,544 will be given to the Developer for sanitary sewer trunk oversizing within the plat. A credit of $118,578.14 will be given to the developer for Trunk Sanitary Sewer oversizing in Prairie Creek 4th Addition. The result is a net credit of $48,847.14 which will be applied to fUture phases of the Development. 20. Park Dedication. The Developer shall pay a park dedication fee of$237,350 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee will be paid by the Developer upon execution of this agreement. 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 $7,874 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 $4,445 based upon the number of lots 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. 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 $1,749,382. 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: 5 /330 GradinglErosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 62,405 $ 442,931 $ 368,346 $ 285,353 $ 437,394 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 31,750 $ 52,092 $ 57,029 $ 12,080 $N/A Two Years Principal and Interest on Assessments N/ A ** This breakdown is for historical reference; it is not a restriction on the use of the security. ** All fees are to be paid upon execution of this agreement. 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. 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. Existine: Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 6 /.33/ 33. Miscellaneous. A This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of erosion control devices, 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 certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise 7 /33~ out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 AM. until 7:00 P.M. 8:00 AM. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 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: Progress Land Company, Inc. 6001 Egan Drive Suite 100 Savage, MN 55378 (952) 226-3200 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Ed Shukle, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 8 /333 CITY OF FARMINGTON By: By: DEVELOPER: Progress Land Company, Inc. 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: 9 /.33 </ 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 of Progress Land Company, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 10 n~W EXHffiIT "A" Legal Description, MEADOW CREEK SECOND ADDITION: Outlot B, MEADOW CREEK FIRST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. 11 /33~ loP City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Counci1members, City Administrator ~. FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Schedule Joint Workshop - Project NEMO DATE: August 19,2002 INTRODUCTION The Minnesota Erosion Control Association (MECA) has requested the opportunity to present "Project NEMO" to the City Council and Planning Commission. DISCUSSION MECA has received a grant for an educational program entitled "Project NEMO". NEMO stands for Nonpoint Education for Municipal Officials. The purpose ofthe program is to raise the awareness of Municipal Officials to the issues related to storm water runoff pollution. The subject matter covers storm water runoff pollution and the best management practices and development standards that can be used to address runoff pollutant issues. Mr. Jay Michels ofMECA would present the program to the Council and Planning Commission. BUDGET IMPACT None. ACTION REQUESTED Consider scheduling a joint City Council/P1anning Commission Workshop for the Minnesota Erosion Control Association's presentation "Project NEMO" for September 18 or September 25, 2002. Respectfully Submitted, ~m~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file /33')