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Home My WebLink About06.03.02 Council Packet City of Farmington 325 Oak Street , Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA REGULAR CITY COUNCIL MEETING June 3,2002 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Commendation - Police Officer Commended I. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) a) Mr. Fred Conlan Information Received 7. CONSENT AGENDA a) Approve Council Minutes (5/20/02) (Regular) b) Approve Dew Days Permits - CEEF Fee Waiver - Parks and Recreation c) Approve Change Order - 3rd Street Overlay Project - Engineering d) Adopt Resolution - Amending Logis Joint Powers Agreement - Administration e) Approve Bills Approved Approved Approved R46-02 Approved 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT a) Adopt Resolution - 195th Street Extension Project - Engineering (Supplemental) R47-02 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2001 Comprehensive Financial Report Presentation - Finance b) Adopt Resolution - Farmington Acres Development Contract - Engineering c) Adopt Resolution - Middle Creek Estates Development Contract - Engineering Information Received R48-02 R49-02 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA REGULAR CITY COUNCIL MEETING June 3, 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) Commendation - Police Officer 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) a) Mr. Fred Conlan 7. CONSENT AGENDA a) Approve Council Minutes (5/20/02) (Regular) b) Approve Dew Days Permits - CEEF Fee Waiver - Parks and Recreation c) Approve Change Order - 3rd Street Overlay Project - Engineering d) Adopt Resolution - Amending Logis Joint Powers Agreement - Administration e) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT a) Adopt Resolution - 195th Street Extension Project - Engineering (Supplemental) 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2001 Comprehensive Financial Report Presentation - Finance b) Adopt Resolution - Farmington Acres Development Contract - Engineering c) Adopt Resolution - Middle Creek Estates Development Contract - Engineering 11. UNFINISHED BUSINESS 12. NEW BUSINESS Action Taken Pages 924-927 Pages 928-931 Pages 932-934 Pages 935-936 Pages 937-940 Page 941 Page 942 Pages 943-955 Pages 956-970 13. COUNCIL ROUNDTABLE 14. ADJOURN &CiJ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Council Members, \q G City Administrator P' ~ "'11 . FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Citizen Comments - Car Wash Fence DATE: June 3, 2002 INTRODUCTION Fred Conlan, 9_7th Street attended the May 20, 2002 City Council meeting and expressed concerns regarding the car wash fence located east ofMr. Conlan's property at S_Sth Street. DISCUSSION City staff reviewed the fence on May 21, 2002 and determined that it does not meet the requirements stated by the Planning Commission at their meeting on March 12,2002. The requirements are as follows: 1) The fence be modified to provide 100% screening. 2) The exterior lighting be reviewed and corrected to not spill onto the adjacent property. 3) The Commission takes a neutral position on the waiver of the appeal fee. 4) The improvements be completed with 60 days of the decision of the Planning Commission or 60 days upon resolution of an appeal. A letter of code violation was sent to Dean and Nat Svela, owners of the car wash operation, on May 24, 2002 indicating that the fence does not meet the requirements stipulated by the Planning Commission (see attached). Per the letter, the owners are required to remedy the violation within 10 days of receipt of the letter (June 6, 2002). The current fence consists of small openings throughout the fence and therefore, does not meet the requirements of the 100% screen. Staff has discussed this issue with Mr. Dean Svela and he will remedy this issue by installing caulk between the fence openings to provide a 100% screen. The lighting requirements are currently being addressed. The property owner has disabled the lights on the ends of the buildings. The light above the door is in working condition and is lit during the night for security reasons. The property owner proposes to remove the mercury vapor lights on the ends of the building and replace them with halite box lights. Once the lights have been installed, City staff will review them to insure no spillover of the lights occur. The light above the door may need to remain for security reasons, however, it will be reviewed when the replacement lights are installed. The Planning Commission did not discuss a board-on-board fence requirement at their meeting on March 12, 2002. They also stated that the height of the fence at 6'10" was adequate as long as the lights were modified. '73'1 Concerning legal action, if the owner does not comply with City requirements, the City can either bring a civil action to enforce the permit and fence and lighting issues or it can charge the individual for a criminal violation of the City code. ACTION REOUESTED For information only. Respectfully submitted, tiI~ Lee Smick, AICP Planning Coordinator cc: Fred Conlan 9c;{5 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us May 24, 2002 Mr. Nat Svela 521 3rd Street Farmington, MN 55024 RE: Review of Car Wash Fence Property Address: 8 - 8th Street Dear Mr. Svela: Upon staff review of your car wash fence at 8 - 8th Street in Farmington, the fence does not meet the requirements stated by the Planning Commission at their meeting on March 12,2002. Staff reviewed your fence on May 22, 2002 and determined that the fence does not meet the 100% screen stipulated by the Planning Commission because the house to the west can be seen through the openings between the boards of the fence. At the March 12, 2002 meeting where you were in attendance, the Planning Commission stipulated three conditions to their decision as listed below: I. The fence be modified to provide 100% screening. 2. The exterior lighting be reviewed and corrected to not spill onto the adjacent property. 3. The matters be addressed within 60 days of the decision of the Planning Commission or 60 days upon resolution of an appeal. (see attached minutes) The lighting is currently being addressed. As stated in a phone call conversation with you on May 24, 2002, you have disabled the lights on the ends of the buildings. The light above the door is in working condition and is lit during the night for security reasons. If you enable the lights on the ends of the building, you will need to comply with the Planning Commission's recommendation to not allow spillover of the light into the adjacent residential property. You may accomplish this by placing hoods on the lights or redirecting the light downwards towards the building face. City policy states that code violations be remedied within 10 days of the receipt of this letter. If you have any questions concerning this information, please do not hesitate to call me at 651 463-1820. 9d?~ Sincerely, ~~ Lee Smick, AICP Planning Coordinator cc: Dean Svela, 4203 Grainwood Circle NE Prior Lake, Minnesota Kevin Carroll, Community Director File 9~/ ~ COUNCIL MINUTES REGULAR May 20, 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: Audience: Ristow, Cordes, Strachan, Verch Soderberg Andrea Poehler, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; 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; Cynthia Muller, Executive Assistant Earl Teporten, Glenda and Verne Dye, Adam Garcia, Ryan Bernhagen, Clare Bernhagen, Harvey Briesacher 4. APPROVE A GENDA Councilmember Verch pulled 7a) Council Minutes (5/6/02 Regular) so he could abstain from voting as he was absent from that meeting. MOTION by Cordes, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Finance Brandi Larson was introduced as the new Utility Billing Clerk. b) Introduce New Employee - Solid Waste Matt Waltman was introduced as a new Solid Waste employee. c) Introduce New Employee - Public Works Joe Fishbach was introduced as a new Public Works employee. d) Historic Preservation Award - Administration In recognition of National Preservation Week celebrated May 12-18,2002, the Historic Preservation Commission recognized Glenda and Verne Dye for the restoration of their home at 600 Spruce Street. Mayor Ristow and Mr. Earl Teporten, member of the Historic Preservation Commission, presented them with the 2002 Preservation Award. ;7 C:O:(~ Council Minutes (Regular) May 20, 2002 Page 2 e) Proclaim VFW Poppy Day Mayor Ristow proclaimed May 24, 2002 as Poppy Day for the VFW. 6. CITIZEN COMMENTS Mr. Fred Conlan, 9 7th Street, expressed his concerns regarding the fence between his home and the car wash. He has not heard a response since May 11, 2002. He feels the fence is not up to code and there are some boards missing. The lighting has also not been shrouded. The fence was not installed with the boards overlapping. Mr. Conlan contacted the City and staff will check with the city attorney. There was a 60-day limit for the car wash to complete the fence, and the deadline has passed. Staff will respond at the next Council Meeting. 7. CONSENT AGENDA 7a) Approve Council Minutes (5/6/02 Regular). MOTION by Strachan, second by Cordes approving Council Minutes (5/6/02 Regular). Voting for: Ristow, Cordes, Strachan. Abstain: Verch. MOTION CARRIED. MOTION by Cordes, second by Strachan to approve the Consent Agenda as follows: b) Adopted RESOLUTION R42-02 Approving Gambling Premises Permit - Farmington Youth Hockey - Administration c) Approved Alcohol Compliance Checks - Administrative Penalty - Police d) Approved Capital Outlay - Parks and Recreation e) Received Information School and Conference - Administration f) Received Information School and Conference - Administration g) Received Information School and Conference - Administration h) Received Information School and Conference - Police i) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Adopt Resolution - Akin Road Culvert Replacement Project - Engineering Midwest Contracting, LLC, submitted the low base bid for the Akin Road Culvert Project, in the amount of $272, 297.00. The total estimated project cost of $381,000 will be financed through the storm water fund. These improvements are trunk storm water facility improvements and are not assessed. The State has agreed to fund up to 50% of the bridge construction costs through their bridge funding program. MOTION by Verch, second by Cordes adopting RESOLUTION R43-02 accepting the base bid of Midwest Contracting, LLC, in the amount of $272,297.00 and awarding the contract. APIF, MOTION CARRIED. b) Adopt Resolution - 209th Street Project - Engineering Friedges Construction Company, LLC, has submitted the low base bid for the 209th Street project in the amount of$235,891.1O. The costs will be financed through assessments to the residents along the south side of 209th Street and the 9.;J'r Council Minutes (Regular) May 20, 2002 Page 3 Tamarack Ridge Development on the north side of 209th Street. MOTION by Strachan, second by Verch adopting RESOLUTION R44-02 accepting the base bid ofFriedges Construction Company, LLC, and awarding the contract. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) April 2002 Financial Report - Finance Council received the revenues and expenditures as of April 30, 2002. b) Adopt Resolution - Middle Creek East Preliminary Plat - Community Development DR Horton and Arcon Development jointly propose to plat 185 lots on 74.7 acres located east ofCSAH 31 and Middle Creek 1st, 3rd and 4th Additions, south of the proposed 203rd Street and DNR protect wetland, west of the Pine Knoll subdivision and Middle Creek Estates, and north of Middle Creek and the Farmington Industrial Park. This plat was denied by the Planning Commission at their May 14, 2002 meeting. The issues to be resolved involved the width ofthe proposed 203rd Street and an easement on the McCarthy property. Councilmember Strachan stated if the issues can be resolved with the developer he would agree to bring this item back to the Council rather than the Planning Commission first. Mayor Ristow stated if the 203rd Street issue is not resolved, he will not approve the project. The developer agreed to table this item to the June 3, 2002 Council Meeting to resolve these issues. MOTION by Cordes, second by Verch to table this item to the June 3, 2002 Council Meeting. APIF, MOTION CARRIED. c) Adopt Resolution - Meadow Creek 2nd Addition Final Plat - Community Development Progress Land Company proposes to plat 127 lots in the Meadow Creek 2nd Addition south of the proposed Riverbend development, west of Empire Township, north of Meadow Creek I st Addition, and east of Prairie Creek 4th Addition. The Planning Commission recommended approval of the final plat contingent upon the rear property lines on Lots 1 and 2 Block 1 being relocated 5 feet to the southeast of the centerline of the gas main. Another stipulation is the execution of a confinement agreement between the Developer and Mid-America Pipeline Company regarding the property line. The developer recently supplied information showing the revised jroperty line. No building permits will be allowed until the Prairie Creek 4 Addition grading is completed. MOTION by Cordes, second by Verch adopting RESOLUTION R45-02 approving the Meadow Creek 2nd Addition Final Plat contingent upon minor engineering issues and approval of construction plans for grading, storm water and utilities. APIF,. MOTION CARRIED. d) Dakota County 2003-2007 CIP - Engineering Dakota County requested the City's input in preparing the County's 2003-2007 Capital Improvement Program. Staff recommended the following projects: 930 Council Minutes (Regular) May 20, 2002 Page 4 CR 64 (19Sth Street), Westerly Extension to Flagstaff - 2003 CR 74, Ash Street, RR Tracks to Trunk Highway 3 - 2004 CR 64 (I 95th Street), from Autumn Glen to TH 3 - 2004 CSAH 31, CSAH SO to CSAH 74 - 2004 CSAH SO, Division Street to TH 3 - 2005 208th Street - 2006 It is County policy that the costs of the roadway improvements are split 55% County and 45% City. At the request of Council member Strachan, staffwill add to the project list, paving 19Sth Street from TH 3 to Cedar Avenue. Staffwill also check on the status of 179th Street. Regarding paving of 19Sth Street to Flagstaff, staff assured Mayor Ristow there will be an agreement with the County regarding payment. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: An employment ad has been placed for an ALF Ambulance Administrator. Councilmember Verch: Thanked Police Chief Siebenaler for the good job his officers do, and Officer Deutschle for apprehending a burglary ring. City Administrator Shukle: A Planning Commission/Council workshop will be held May 28, 2002. A budget workshop will be held on June 5, 2002. Community Development Director Carroll: The Middle Creek issue will be added to the May 28, 2002 workshop. City Engineer Mann: Paving work on 3rd Street has been completed. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 7:58 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~;h-/~ Cynthia Muller Executive Assistant 98/ ?h City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: , M C '1 b d C' Ad . . I{ "- ayor, OunCl mem ers an Ity mmlstrator FROM: James Bell Parks and Recreation Director SUBJECT: Approve Dew Days Permits - CEEF Fee Waiver DATE: June 3, 2002 INTRODUCTION Permits are needed for Dew Days Celebration. DISCUSSION The Dew Days Committee and CEEF is requesting that the City Council waive the fees for the permits required for the annual celebration. Council has approved the waiver of fees in past years. Attached is a list of the events which require permits and their fees. BUDGET IMPACT The total cost of waiving these permit fees for the 2002 Celebration is $950.00. These fees were not budgeted for as revenues in the 2002 budget. ACTION REQUESTED Approve the waiver of permit fees, as noted in the attached fees list. Respectfully submitted, --L~ James Bell Parks and Recreation Director 93~ 2002 DEW DAYS FESTIVAL PERMITS The following is a listing of events, sponsors, locations and the established fees for each event which requires a permit. Temporary Exhibitions - Ord. 3-17-4 - 2001 Fee = $15.00 per Event Kiss The Pig Bed Races Dew Run Kiddie Parade Horseshoe Contest Reptile Experience Grand Parade Medallion Hunt Bike Rodeo, Child I.D. Trout Pond Chalk Drawing Outdoor Dance Carnival and Games Pony Rides Stage Entertainment Carpet Toss Cookie Decorating Bubble Gum Blowing Contest Newspaper Toss Kid's Time Pluck a Duck Paint a Snake Nut and Bolt Toss Mini Fire Truck Rides Skateboard and Bike Event Bonfire Sing Along Radio Disney Art Show Historic Trolley Tour Outdoor Dance Senior Center Parks and Recreation Parks and Recreation Festival Committee Eagles Club Dakota County Library Festival Committee Festival Committee B&B Pizza Southern Dakota County Sportsmen Parks and Recreation Festival Committee Festival Committee Festival Committee Parks and Recreation Thoroughbred Carpets Farmington Bakery Heikkila Studio Farmington Independent Police Department/Fire Department Senior Center Parks and Recreation Pellicci Hardware Fire Department Festival Committee DVAC Community Ed, CEEF, Aramark DVAC Festival Committee Eagles Club 30 Vendors x $15.00 = $450.00 Rambling River Park Downtown Downtown Rambling River Park 3rd and Main Street 3rd and Spruce Street Downtown Downtown Downtown City Hall Garage Downtown 3rd and Spruce Street Downtown Downtown Downtown Downtown Downtown Downtown Downtown Rambling River Park Downtown Downtown City Center Downtown Downtown Downtown Downtown Downtown Downtown/City Center Eagles Club Transient Merchant - Ord. 3-18-1- 2001 Fee = $50.00 per Quarter Concession Flea Market Concession Concession Carnival Festival Committee Thoroughbred Carpets Taco Dick's Downtown City Center Downtown Downtown 933 Balloons Crafts Pop Candy Concession Flags Matt Milner Sales Outdoor Craft Vendors Piroettes Boy Scouts Softball Tournament Rotary Club Parade Route Downtown and City Center Parade Route Parade Route Rambling River Fields Downtown 10 Vendors x $50.00 = $500.00 Total Cost of Permit Fees for 2002 Celebration = $950.00 93V 7~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator e;, ( . FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: Approve Change Order - 3rd Street Overlay Project DATE: June 3, 2002 INTRODUCTION Forwarded herewith for Council's review and consideration is change order #1 for the 3rd Street Overlay Project. DISCUSSION Attached for Council's consideration is a change order to the 3rd Street Overlay Project for an overrun of bituminous material. The bituminous material on the project was bid per square yard at a specified depth. Due to unevenness in the existing street, additional material was needed to complete the paving. This project is complete and the final pay request will be processed for the next Council meeting. BUDGET IMPACT The total cost for the change order $4,333.00. This amount is within the project's contingency fund amount of $23,000. ACTION REQUESTED Approve by motion, change order # I for the 3rd Street Overlay project in the amount of $4,333.00. Respectfully Submitted, ~~~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file 5?.3S ., Date Ma 29, 2002 Contractor: Valle Pavin ,8800 13th Ave. E. Shako ee, MN. 55379 CHANGE ORDER NO. 1 THIRD STREET OVERLAY & SANITARY SEWER SLIPLINING CITY PROJECT #01-09 Description of Work This Change Order Provides for additional bituminous material needed to level the existing street cross section. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.1 1" Bituminous Wear Course, Type 41A SY 4333 $1.00 $4,333.00 Total CHANGE ORDER NO.1: $4,333.00 Change Order Request # I 93~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7d TO: Mayor, Councilmembers and City Administrator~' '. FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Adopt Resolution - Amending LOGIS Joint Powers Agreement DATE: June 3, 2002 INTRODUCTION LOGIS is requesting members of their group health and insurance plan adopt the attached resolution. DISCUSSION Since 1988, LOGIS has been administering a group health and medical insurance plan for those members who have chosen to participate. LOGIS' legal counsel has advised the Board of Directors that the Agreement should be modified as proposed by the attached amendment to clarify LOGIS' authority to conduct and administer the plan. The amendment also provides that other types of group benefits may be included in the plan. The resolution ratifies the participation in the plan by members of the plan. BUDGET IMPACT None ACTION REQUESTED Adopt the attached resolution relating to local government information systems, authorizing the execution and delivery of an amendment to the joint and cooperative agreement. Respectfully submitted, ..>.~.e4~~ I Brenda Wendlandt Human Resources Manager 93-'''' RESOLUTION NO. A resolution relating to local government information systems; authorizing the execution and delivery of second amendment to the joint and cooperative agreement BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Farmington (City) as follows: Section 1. Background; findings. 1.01. The City is a party to the joint and cooperative agreement (Agreement) establishing an organization known as Local Government Information System (LOGIS). The Agreement is originally dated May 1, 1972, and has been amended by Amendment No.1, adopted May 3, 1993.. 1.02. In 1988, LOGIS established the LOGIS Health Care Group (Plan) to enable members of LOGIS to participate in a program of cooperatively providing group health, life, accident and other insurance and personnel benefits for the officers and employees of the members of the Plan and LOGIS itself. LOGIS has continuously operated and administered the Plan since its inception. 1.03. The Board of Directors of LOGIS has been advised by legal counsel that it is necessary and desirable that the Agreement be amended to clearly authorize the Plan and the participation in the Plan by members of LOGIS. 1.04. There has been presented to this Council a form of Amendment No.2 to the Agreement (Amendment). The Amendment is on file with the City Clerk, and is attached as Exhibit A. 1.05. It is found and determined that it is in the best interests of the City that the Agreement be amended as proposed in the Amendment. DJK-209993vl L61oo-16 1 ,;rl 93<6'''1 Sec. 2. Approval and Authorization: Ratification. 2.01. The form of the Amendment is approved. 2.02. The City Clerk is authorized and directed to deliver the Amendment in the manner provided for in the Agreement. 2.03. All actions, if any, of the City, the City Council, and the officers and employees of the City in participating in the Plan, are ratified and confirmed. Mayor ATTEST: City Clerk Dated: ,2002. Filed in the Office of the City Manager of the City of Farmington , this ,2002. day of DJK-209993vl LGlOO-16 2 9..39 EXHmIT A SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS, Originally Dated May 1, 1972, As amended By Amendment No.1, Adopted May 3, 1993 Section 1. Article I, General Purpose, of the Joint and Cooperative Agreement, Local Government Information Systems, as amended, (Agreement) is amended to read as follows: I. GENERAL PURPOSE The general purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for ill the establishment, operation and maintenance of data processing facilities and management information systems for the use and benefit of the parties and others and (m group health, life, accident, and other insurance and personnel benefits for the officers and employees of the parties and the or.ganization. Sec. 2. The terms of this amendment are effective as of April 1 , 2002. This amendment is effective on the date of its execution and delivery by all of the members of the organization in accordance with the Agreement. DJK-209993vl LGIOO-16 A-I 9Y"O City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: Ed Shukle, City Administrator SUBJECT: Supplemental Agenda DATE: June 3, 2002 It is requested that the June 3,2002 agenda be amended as follows: AWARD OF CONTRACT. 9 (a) Adopt Resolution - 195th Street Extension Project - Engineering Accept the base bid of Midst ate Services, Inc. in the amount of $657,829.28. Respectfully submitted, U Ed ShUkle City Administrator 9' c:u 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: Award of Contract - 195th Street West Extension DATE: June 3, 2002 INTRODUCTION Bids were received for the 195th Street West Extension Project on Friday, May 31, 2002. DISCUSSION Midstate Services, Inc. has submitted the low base bid in the amount of $657,829.28. Based on this bid and including a 10% contingency and 27% for legal, engineering and administration costs, the total estimated project cost is $919,000. The estimated project cost from the feasibility report was $921,000. The estimated project cost of $919,000 includes approximately $75,000 of trail work along 195th Street that was added to the project at the request of the School District. BUDGET IMPACT The 195th Street project costs will be split between Dakota County, the City and the benefiting properties adjacent to the roadway. The City will finance the improvement costs in 2002 and be reimbursed for the County's portion in the future. Dakota County has indicated that the 195th Street project will be recommended for funding in the County's 2003-2007 CIP. The benefiting properties adjacent to the 195th Street improvements would be assessed for their portions of the project costs. The development contract for the school project stipulates the school district's participation in the project costs. ACTION REQUESTED Adopt the attached resolution accepting the base bid of Midstate Services, Inc., in the amount of $657,829.28, and awarding the contract. Respectfully Submitted, ~Y11~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -02 AWARD BIDS FOR PROJECT NO. 01-16 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 3rd day of June, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the 195th Street West Extension, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Total Base Bid Midstate Services, Inc. ...................................$657,829.28 Midwest Contracting, LLC ............................$761,150.00 Valley Paving, Inc.... ......... ......................... ....$822,853 .69 Landwehr Construction, Inc...........................$842,268.65 McNamara Contracting, Inc...........................$897,258.60 ;and, WHEREAS, it appears the firm of Midst ate Services, Inc. is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The base bid of Midstate Services, Inc., a Minnesota corporation, for $657,829.28 is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of June 2002. Mayor day of June 2002. Attested to the SEAL City Administrator BONESTROO ROSENE ANDERLIK R . fl. Bonestroo ... Rosene " Anderlik & 1 \J 1 Associates Engineers & Architects W 6516361311 06/03/02 09:03 B :04/04 NO:135 May 3\, 2002 BoMfJlrao. Il'Q>t,nir. A"d"rll~ .,,,, ~UD(i"I... IM(. ,< 31' AHlrl'll"II~. Actl...../Eq"a' t)ppOFlunlt" Emlllollt, dfld Elllp'oyat Ownad P,lnc.lp"f,: l)lhl (j.I:J()pt'l~If'OO. P.E.' Mi.IIVllll.. ~Ot'IJ(ild. 1'1- , (:'r~,.u, I~ I (i1)1" PJ" ' FUJI)I...." (~ hl'lurlithL P'~... Jeit v A HIJWcJU"l. PI- Senior Conl'l.,t.a"ts: HnhmllJl. Rosr.np. r.t,r.. J(J~toptl (, ^ntll'rtl~. rll:." 1~1i h.HtJ r. Tl.lf'l(!1. PI' . 'i.Luan M Hu",hrt. C.F^. A..to(l.t.. "".,dp.'J.~ f(;C'lt" ". Gordl'Jn. ~"t.. Rulll.:ll r~ J'h~tb'rIL'. pr . r~lI11dld \11 l'u\ll:'f. PI" . fJ,lvU.1 0 1 t)'itl'Of.1. r.E.. M..,k A Hmll11". r.r.. MI<:I1,lal T. RilUlnh~/IIl. P.~ . T,,,I K 1'1"1,;, P,L . K"r'lI".,J, f' ArJll"rL,)rl, I'~ . M.nk R. RC'"I, ~r,. I).N'O A. I'lDnC',',ul). M B II.' 5Id",;)/I", W'"lil/Tl"'Il. I'L. I ~ . "W"". M. flirltl M H" . AII.m 111(11 \(I>midl, I'f. . Thumd! W "'ell"")'1, r~E . .J"m'" R. Malan'~. j1lf. . Mil..! B .h~m"I1, I'r' . L r'111111l) 1".....1111. Pf. . ')~tli~1 J. fdgllllotl. P.l:, · l'.r11,1t."1 M,lllU'IC/. nF-.. IhOrl'lrl'- A. SylkO, r.t.' \tlt.~J~Jj1t'1 J JIII'UISilf!. r'J.th~ A (.i/l)\t'i: PJ- . Tfll',I1'1Vli J\ ~m",\h.:.(. p.r':.. IIOh~'" I, D<~\I~IY. r.~, Olflci!l: ~I PIl"'. 51. c/r.>\ld. RII(helte, ami \lIIII,mll. MN. MIIW.'"llt.... III I . 1.1""""", II. _DJlllI: ww....bOl1tll"'u.com Honorahle Mayur and City Council City uf F,lrmington :US Oak Street Farmington, MN 55024-1374 Re:195th Street Improvements Project Bonestroo Pi Ie No. 141 ~o 1.\ 56 Recomn..endation of Contract Award Honorable Mayor Bnd City Council: Bids were opened for the project stated above on Friday, Mil)' 31. 2002 at 10:00 A.M. Transmitted herewith are ten (10) copies of the bid tllbulation for your information and tIle. Copies will atliu be distributed to each bidder. There were n total oftlve (5) bids. The following summarizes the results ofthe bids received: Low #'2 #3 #4 #5 COli "tlf'Oll Midstate Services, Inc. Midwest Contracting, LLC Valley Paving, Inc. Landwehr Construction, 1m:. McNamara Contracting, Inc. III A",,~itK $657.829.28 $761; \50.00 $822,853.69 $842,268.65 $897,258.60 The low bidder on the project was Midstate Services. Inc. with a Base Hid of $657.~29.28. This compares to the Engineer's Estimate of $950,000. These bids have heen reviewed and fCHlnd to he in ol'del'. All of the above Contractors hllve proven they nre Clilpable of pcrli'Jrllling the WMk ussocinttld with this type of project. If the City Council wishe!!l to 8w.rd the project to the low bidder, then Midst_Ie Scrvtce~, In.:. should he pwardcd the project on the Base Bid Amount of $657,829.28. Should you have any questions. please feel free to contact me at (651) 604-4Rl)4. Yours very truly, 1l0NESTROO, ROSENE. ANDRRUX &; ASSOCIATES. iNC. ~- --r-r- ;1,-.,_2----- f. (..~ Darren T. Amundsen, P.l':. l~nclos\lrel\ DTA/luc 2335 West HIghway 36 . St. Paul, NtH 55"3. 651-636-4600 · Fa.: 65'-636-1311 BONESTROO ROSENE ANDERLIK R W 6516361311 06/03/02 09:03 151 :02/04 NO:135 J ~~~aa8.~aa 8 a~e~8.~ ~8.8.Sl~8.8.~ J I ~~~.~~~~~~ Li I~~-I.~"~ 8.~.i.~I~~.E. ai~~jl~;~ ~ :,;;~:';J ~.a~ a::i ... lilt ... ~a~Jl~lipqa~ ~~; la8:!~~ 8 8~81fl~11l a~~~~~a II I ~~;ut~C;m;;~ .a itl$S: re ~&~a~1 8~rit~i;S~ ... I as: ... .,.:w. .,: ~ ... 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MM~ ...... - .. .. . i . ~ a~~tq~l<I8.8.~ ail ;=F4~~ 8. 888888 88i~8fl;8 j I ~ J I I ~~~i~DI~~ S2~ ~ ~~~~a~ ~8;;~~_ I j~ ~ ..:- ..: .I - .. u- s.a~8.8.8.a~8. ~ 888888 U1dUi I ~~~~fI1~~~~ ! ~~I~~1 ~ tjl~t3iil~~~ ;; ~61 ~ ;, ;i ~ ~ I :3 a 8. fP1 fi! ~ 8. 6P3. ~ ilql! ;~~~~ 8 a8.8~a8. 8. 8.i114a 8. 8. b I ... II ~~.lifXg;&~;1 ~ia ai~ ~ a~~i!l ~!.;.f'~ <ii ~ I iitS ~ ... - - .. ..: '-~~~~II~; I::.. ~~ <'oj N~""~~CO N~;I~~<O I M ~ ... ... = ~ ~~~~t;tl)t'i)ij li~~ ~3~~~ ~ ~~L5~~~ ~t~~~~!i II .- I ~ .t ~ S IIi 1 l! 1 i l ! I a. ill I ~ i~~ Aj) lilf~ i u it I · d.. I Iltl~~I~ Iff It I i f f~lli~ It Ji~ I I I~i~l IIIt1 ~~ ~.! · t~II~1 III 1)- hUI Ii li~IIIIIJJII!Jlll!!~JiiJ!i~~~~li!llli; :t ~~~i ! _(\it':l....ItI<or--CIlcn2 ...~Vl .lnlD""<C c:tl ~N~~~~ ~l\il(iFJIi1l; -. .-.- ...... ... ..........,..... f'" ..... ..... -------- ~--- BONESTROO ROSENE ANDERLIK R a 6516361311 09:03 151 :03/04 NO:135 u 8.~~8.8. 8.~~a$~a8.8. 8.88 ~ .5 ~ I.~m. '" 1 ~~~~l ~~~~.~~~~~ IH ,5 i N....LnSi :i~~.'" 1O....~ i i2~ ~ ~~; "f,X- ;$. ! liul 8S$8 8*8fil8~$~~ 8 a~8 i i I ~~~& ~~!zi$l~~i ~ ~~ 1~lu J I ~ :t:l li , ~ i ~I' A 5 .e 8~881C $8.8.~8.8.8.~S! ;8.~i ~~~lS ~~.~~I ~~I~~~!!i ! ~.~ll ~ .~ J ~~1lI! U~!~ .J . ((If") a g _~~ I!. ~ ...- .. ; utWllt 8.~8.8. 888888.8~[;; 8. In ~ii'l i 1 i I~iti _lli~~~1!~li I l!hl. I ~ = i ~ 5 atqlqE\6; ~fq~8.8.8,ep~~ I I~~JI ~~.~~~~la_~ !~ I:'i elf t"i a' i li;~;lXl!iS ...-... ~ ..,..., ~ f!i.n! to) !' ~~~l5! ~~P}!~~~~~~~ i!. ~~~ . ';: I ! :. G~~t; ~~~.~IlB~ia tl li; filn . s I t :c la .. ! a ,- .. :5 l&'l > ~ 88888 888888888 $ 8 8 ~8.~1. 'i ~~~il ii~~I---~ ! ~~~ ~~~! ~ f MlI;l((l t'i .CIIi~ . C\!' -... ~~; . ~ ~...- ... .... ...- ... ;;~ ~ ;.E I i~~ ."."." 119 .... IIIl - .~ ti ~ 8 I 8.8.8.8. 888888888 ~id&1 i ~ii:a I~l~~~~la I I I~iii . == c iIII :I :2 8.~~8.. 8.8.8. 8.8.8.El PlS! ~s~; ~ ~I}-~I ~.llllll~.~ ~ii jij I .s ~~~i - 12 "'......1 ii~i ~ J fA fA'" ill _lX~ I 8~~8 888888~~(;:j ... lli.n~j '" I ~~!~ ~~~;li~;1!& I I I ~ =- I~I( . .. :I ~~~~ "'~N~~I~~~ t'\j "8... I I~I~I ~ i i)~~iii ~~~i)ti~~~~ ~ ~r;~ 1 w III I I I i ~ j I I ;,. 1:1 pI ~IH I "II I ~ df'l! i i If I I filii 1 ~fl l- f ~-ie.. ~~~I 'I i == 1 i3~ ~~!I IlllJltJt'tj ~$ ;:p I~iil I ~ II ~ ~. i, J!~ I ill)IJ J:E:l;tJIJ JJ!~J i ~ R~~ :6n;:tl~S#;~~~~ t ~I Highway Department Donald J. Theisen. P.E. County Engineer Dakota County Western Service Center 14955 Galaxie Avenue 3rd Roor Apple Valley. MN 55124-8579 952.891.7100 Fax 952.891.7127 www.co.dakota.mn.us .. '-.1 .......red on ~ed ~J*' wl'Ch ]cr.L posGo<onsl.lmel' ......stlL /I1H EQUAL CWOAT1...HT'T Er1'\.OT9. oVJ;; ~ COU"TY~ August 8,2001 Lee Mann, P.E. Director of Public Works/City Engineer City of Farmington 325 Oak Street Farmington, MN 55024 Dear Mr. Mann: On July 26, 2001, we met and discussed the New Farmington Elementary School on 195th Street (County Road 64). This letter is to confirm that both agencies have the same understanding of that meeting. This roadway shall be designed and constructed to meet State-Aid standards for a rural section roadway. The curve at Flagstaff shall be eliminated and replaced with a 90- degree intersection. The current bridge may not meet the standards for width, this could require the bridge to be replaced with this project. Dakota County has agreed to participate in 550/0 of the project from the curr.ent bituminous suriace to Flagstaff. The City of Farmington has expressed desire to build this in 2002. Our current 2002 CI P is over programmed; therefore this project will be placed in the 2003 CIP. At this time we cannot commit to any extra funds available in 2002. If you have any questions. feel free to contact me at 952-891-7104. ~~w~ Kristine M. Vieth, P.E. Program Engineer G :'Ad:nil1ls tri:ltionIL::tters2CI} 1 Letters\Lt:elvli:ll1n .(loc ..3~3 MAY, 31. 2002 I: OOPM DAKOTA CO TRANS DEPT 9528917127 BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY, MINNESOTA NO, 2389 p, 2 January 29, 2002 ',---, Motion by Commissioner Turner Resolution No. 02-63 Second by Commissioner Bataglia Authorization to Execute Agreement with the City of Farmington for County Project 64-14 WHEREAS, County Project (CP) 64-14 is the reconstruction and paving of County Road 64 (19511l Street) from Flagstaff Avenue to Everest Path in Farmington: and WHEREAS, the City of Farmington is the lead agency for CP 64-14 and anticipates construction to begin in 2002; and WHEREAS, the approved 2002-2006 Capital Improvement Program (CIP) does not include CP 64-14; and WHEREAS, the City of Farmington has requested the County include CP 64-14 in the CIP; and WHEREAS, County staff recommends including CP 64-14 in the 2003-2007 CIP for 2003 if funds are available; and WHEREAS, DaKota County and the City of Farmington need to enter into an agreement to assure County standards for engineering, construction, and right-of-way, and to determine project responsibilities. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to execute an agreement with the City of Farmington for CP 64-14 to assure County standards for engineering, construction, and right-of-way, and to determine project responsibilities, subject to approval by the County Attorney's Office as to form and execution. .'- STATE OF MINNESOTA County of Dakota YES NO Harris X Harris Maher X Maher Bataglia lS Bataglla --- Schouwellar X Schouweller Turner X Turner KraUS8 X Krause Branning X Branning I, Mary S. Schelde. Cleric to !he Board orthe County of Dakota, State of Minnesota, do hereby cenlfy that I tlave compared the foregoing copy of a resolution with the Qt1glnal minutes of the proceedings of the Board of Coo~ty Commissioners. Dakota Counl-Y, Minnesota. at their session held on the 2gth day of January 2002, now on file in the County Administration Department, and have found the same to be a true and correct copy thereof. Witness my hand and official seal of Dakota County this 1 II day 01 February 2002. (' () . _ ,.~~~ -- ~ - Clerk to ;: B~rd DRAFT DAKOTA COUNTY DEPARTMENT OF HIGHWAYS AGREEMENT FOR ENGINEERING, CONSTRUCTION, AND RIGHT OF WAY ACQUISITION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON FOR DAKOTA COUNTY PROJECT NO. 64-14 FARMINGTON PROJECT NO. 01-16 FOR THE Reconstruction of County Road 64 (195th Street) from Flagstaff Avenue to Everest Path, including the replacement of bridge L-3206, in Farmington, Dakota County. ~ Project No. 64-14 __ June 3, 2002 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; and the City of Farmington, referred to in this Agreement as "the City", WITNESSETH: WHEREAS, it is considered mutually desirable to reconstruct County Road 64 (19Sth Street) from Flagstaff Avenue to Everest Path, including the replacement of bridge L-3206, in Farmington; and WHEREAS, the City has included this project in their Capital Improvement Program for construction in 2002; and WHEREAS, County Project (CP) 64-14 is not currently in the County's CIP; and WHEREAS, the County is currently developing their 2003-2007 Capital Improvement Program; and WHEREAS, County staff recommends including CP 64-14 in the 2003-2007 CIP iffunds are available; and WHEREAS, County funds will be available for CP 64-14 when the project is included in the County's Budget. NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and jointly participate in the engineering, construction, and right of way acquisition, and related activities as described in the following sections: 2 ~ Project No. 64-14 __ June 3, 2002 1. Enaineerina. Engineering costs for the roadway and bridge construction shall be split based on the County's and City's share of the final construction costs. Construction engineering for new sanitary sewer, water main and services, lighting and other municipal facilities will be the responsibility of the City. 2. Roadwav Construction Items. The construction costs of the following items shall be shared in the amount of 55% by the County and 45% by the City: a.) Clearing and grubbing; b.) Removal and salvage; c.) Grading, Base, and Surfacing; d.) Curb and gutter; e.) Medians; f.) Shouldering; g.) Retaining walls; h.) Turf establishment; L) Pavement markings and signing; j.) Mobilization, field office and laboratory, and traffic control; k.) Sidewalks and bikeways; I.) Mitigation required by state and federal permits; m.) Storm sewer and other drainage facilities eligible for County State Aid funding based on contributing flows; n.) Replacing and restoring fences, landscaping, and driveways; 0.) Centerline drainage culverts and bridges; p.) Reconstructing or adjusting sanitary sewer, storm sewer and detention ponds, watermains and appurtenances due to roadway construction; q.) Relocating or adjusting privately owned utilities when not performed at the expense of the utility; 3 ~ Project No. 64-14 ~ June 3, 2002 r.) Landscape plantings less than five feet tall; and s.) The County's share of water pollution control best management practices, based on contributing flows, meeting National Urban Runoff Protection (NURP) standards. 3. City Utilities. Except as stated in Sections 1 and 2 of this agreement, the City shall pay all other costs for new storm sewer, storm water ponding and other drainage facilities, NURP facilities, sanitary sewer and watermains and appurtenances constructed as part of this project and shall be responsible for their maintenance. The City shall be responsible for the cost and maintenance of roadway lighting. 4. Bike Trails. The bike trails shall be maintained in accordance with the Maintenance Agreement for County Bikeway Trails between the County and City dated September 21 , 1994. 5. Riaht-of-Wav. The City will acquire all right of way for permanent and temporary highway, sidewalk and trail construction, wetland damage mitigation and banking, and water pollution control best management practices for this project in a manner consistent with applicable State laws and rules. The cost of acquiring highway right of way shall be shared in the amount of 55% by the County and 45% by the City. Upon completion of the project, the ownership of the permanent highway easements shall be transferred to the County by recordable documents. The County shall pay 55% of the eligible cost of obtaining easements for NURP ponds and basins based on the County's share of the contributing flow. The City shall pay the remaining costs attributed to the contributing flow of the City. Upon completion of the 4 ~ Project No. 64-14 __ June 3, 2002 project, the ownership of the drainage and ponding easements shall remain in the name of the City. Right of way costs for new sanitary sewer and water mains and appurtenances outside of the right of way needed for the highway improvements shall be the responsibility of the City. 6. Plans and Specifications. The City's consultant will prepare complete grading, paving, storm sewer, and other municipal utility plans and specifications consistent with State-Aid design standards, the Dakota County Transportation Plan, and the City's utility standards and specifications. County approval of the plans and specifications is necessary prior to advertising for bids. 7. Payment. The City will act as the paying agent for costs of engineering, acquiring the required highway right of way, and for all payments to the Contractor. Payments to the Contractor will be made as the project work progresses and when certified by the City Engineer. The City will bill the County for the County's share of the project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days after the project is included in the County's budget. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. 8. Storm Sewer Maintenance. Upon acceptance of the project, the City will be responsible for storm sewer maintenance. The County will share in the cost of NURP pond maintenance based on contributing flows. 5 ~ Project No. 64-14 __ June 3, 2002 9. Pavement Maintenance. Upon acceptance of the project by the City and County, the County shall be responsible for all pavement maintenance within County right of way unless necessitated by a failure of a municipal utility system or installation of new facilities as described in the following Section 10. 10. Subsequent Excavation. After completion of the project regarding installation and after expiration of the warranty period regarding repair, if excavation within the highway right of way is necessary to repair or install water, sewer, or other utilities, the City shall restore the excavated area and road surface. If the City should employ its own contractor for the above described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility. Should the City fail to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 30 days following receipt of a written claim by the County. 11. Rules and Reaulations. The County and City shall abide by Minnesota Department of Transportation, State Aid Rules. 12. Indemnification. During the roadway and bridge construction activity, the City agrees to defend, indemnify and hold the County harmless against any and all claims, liability, loss, damage or expense arising under the provisions of this Agreement. In order to ensure a unified defense against any third party liability arising from the design and construction called for in this agreement, the City agrees to maintain, and require any contractors or subcontractors hired to do any portion of the work under this Agreement to also maintain, Commercial General Liability insurance in amounts consistent with minimum limits of coverage established under Minnesota Statutes 466.04 during the term 6 ~ Project No. 64-14 __ June 3, 2002 of this construction activity. Such insurance policy(ies) shall name Dakota County as an Additional Insured with respect to the construction work called for in this Agreement. After completion of the roadway and bridge replacement, the County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. 13. Waiver. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County and any and all claims that mayor might arise out of said employment context on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. The opposite situation shall also apply: the City shall not be responsible under the Worker's Compensation Act for any employees of the County. 14. Chanae Orders and Supplemental Aareements. Any change orders or supplemental agreements that affect the County's project cost participation and changes to the plans that affect current County Road standards must be approved by the County prior to execution of work. 7 ~ Project No. 64-14 __ June 3, 2002 15. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County, City, and either the Legislative Auditor or the State Auditor as appropriate. The County and City agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 16. Intearation. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the County and City regarding the project; whether written or oral. N:\AGRMENT\6414agr 8 ~ Project No. 64-14 __ June 3, 2002 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. CITY OF FARMINGTON RECOMMENDED FOR APPROVAL: Public Works Director By Mayor APPROVED AS TO FORM: (SEAL) City Attorney By City Clerk Date DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer County Attorney APPROVED AS TO EXECUTION: County Attorney By Physical Development Director COUNTY BOARD RESOLUTION No.02-63 Date: 1/29/02 Date 9 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O~ TO: Mayor, Councilmembers, City Administrator f ' . FROM: SUBJECT: DATE: Robin Roland, Finance Director 2001 Comprehensive Annual Financial Report June 3, 2002 INTRODUCTION The independent audit of the December 31, 2001 financial records was completed on March 21, 2002. Subsequently, the Comprehensive Annual Financial Report has been issued and the City's auditors, Kern, DeWenter, Viere, Ltd. have issued their opinion on that report. In addition, they have issued a Management Report on the City of Farmington for year-end 2001. Both documents will be presented DISCUSSION On February 4,2002, a preliminary review of the City's General Fund for 12/31/01 was presented. Final audited numbers indicate an increase to the fund balance of $461,418; bringing the fund balance total to $1,919,138. As noted in the auditor's management letter, this represents 42% of the 2001 annual expenditures (and 36.8% of the budgeted 2002 expenditures) of the City's General Fund with a preferred fund balance target of 35% to 40% of annual expenditures. In 2001, actual General Fund revenues exceeded budgeted revenues by $297,773 and actual expenditures were $57,751 less than budgeted. The Water Utility, Sewer Operations, Solid Waste and Liquor Funds all showed increases to their 2001 retained earnings. Solid revenues and expenses within budget in 2001 continued to give these funds a strong base for future operations. As in prior years, the Arena Fund showed an operating loss and a reduction to the fund's retained earnings. In 2002, and beyond, continued support of Arena operations through budgeted transfers from other funds will remain necessary. ACTION REQUIRED For information only. Steve Wischmann from Kern, DeWenter, Viere will be present at the meeting to participate in the presentation and answer any questions Council may have. Respectfully submitted, /!t;#~ Finance Director 9Y<A City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us IO'/; TO: Mayor, Councilmembers, City Administrator{ \ FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Farmington Acres Development Contract DATE: June 3, 2002 INTRODUCTION The Development Contract for Farmington Acres Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Farmington Acres was approved by the Planning Commission on April 23, 2002 and by the City Council on May 6, 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 [mal plat. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Farmington Acres Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, Xm~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file 9</3 RESOLUTION NO. R -02 APPROVING DEVELOPMENT CONTRACT FARMINGTON ACRES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 3rd day of June, 2002 at 7:00 P.M. Members present: Members absent: seconded the following resolution: Member introduced and Member WHEREAS, pursuant to Resolution No. R40-02, the City Council approved the Preliminary Plat of Farmington Acres; and, WHEREAS, pursuant to Resolution No. R40-02, the City Council approved the Final Plat of Farmington Acres subject to the following conditions. a) 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. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of June, 2002. Mayor Attested to this _ day of ,2002. SEAL City Administrator 9<1<.! DEVELOPMENT CONTRACT AGREEMENT dated this 20th day of May, 2002, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and M & M Homes, LLC, a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Farmington Acres (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 Rieht 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 9<1.5 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zonin2lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements and C.R. 72/213lb Street Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. C.R. 72/213th Street Assessments The parent parcels of Farmington Acres have been assessed for improvements to C.R. 72/213th Street. The total levied assessment amount for the parcels is: Parcel Nos. 14-03200-070-26 Total amount levied: $ 46,521.69 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 Farmington Acres. If assessed, the assessments shall be spread over a 10-year period 2 9'1c:' 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 31, 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. Warrantv. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identifY the procedures for final acceptance of streets and utilities. 10. Gradin2 Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid 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 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. 3 9 '17 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$82 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 oftiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 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 $7,115 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 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 $2,936 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 4 9~~ available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $2,140 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. Sanitary Sewer Trunk Area Charee. The Developer shall pay a sanitary sewer trunk area charge of $2,271 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall pay a park dedication fee of $6,800 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoatine. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $248 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$140 based upon the number oflots within the subdivision. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean Uo. 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 $36,195. The bank and form of the 5 9W security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $5,950 N/A N/A $14,462 $5,195 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $1,000 N/A $2,500 $750 N/A Two Years Principal and Interest on Assessments $6,338 This breakdown is for historical reference; it is not a restriction on the use of the security. 27. Responsibility 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 attomey'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. Existing: 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. 6 950 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 96'/ that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 34. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: M & M Homes, LLC 16880 Firestone Way Farmington, MN 55024 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Ed Schukle, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 8 96"~ SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Edward 1. Shukle, City Administrator DEVELOPER: M & M Homes, LLC By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651)463-7111 9 953 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 ofM & M Homes, LLC, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 10 95</ EXHIBIT" A" LEGAL DESCRIPTION: That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 114, Range 19 described as beginning at a point on the south line thereof 754.55 feet east along said south line from the southwest corner of said Northwest Quarter of the Northwest Quarter; thence north parallel with the west line of said Northwest Quarter of the Northwest Quarter 193 feet; thence east parallel with said south line 306.00 feet; thence south parallel with said west line 194 feet to said south line; thence west along said south line to the point of beginning. 11 955 /0 e.., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminrton.mn.us TO: Mayor, Councilmembers, City Administrator { L FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Middle Creek Estates Development Contract DATE: June 3, 2002 INTRODUCTION The Development Contract for Middle Creek Estates Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Middle Creek Estates was approved by the Planning Commission on November 13, 2001 and by the City Council on April 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. ACTION REQUESTED Adopt the attached resolution approving the execution of the Middle Creek Estates Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~/11~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file 9$~ RESOLUTION NO. R -02 APPROVING DEVELOPMENT CONTRACT MIDDLE CREEK ESTATES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 3rd day of June, 2002 at 7:00 P.M. Members present: Members absent: seconded the following resolution: Member introduced and Member WHEREAS, pursuant to Resolution No. Rl17-01, the City Council approved the Preliminary Plat of Middle Creek Estates; and, WHEREAS, pursuant to Resolution No. R32-02, the City Council approved the Final Plat of Middle Creek Estates subject to the following conditions. a) 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. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of June, 2002. Mayor Attested to this _ day of ,2002. SEAL City Administrator 96/ DEVELOPMENT CONTRACT AGREEMENT dated this 3rd day of June, 2002, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Arcon Development, a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for MIDDLE CREEK ESTATES (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 Right to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. With the exception of Plans A and B, 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. Ifthe plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - ZoninglDevelopment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been 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 9S"1r 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zoning/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements and Akin Road Improvements Assessments. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. 9505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. Akin Road Improvements Assessments The parent parcels of Middle Creek Estates will be assessed for improvements to Akin Road. The costs to be assessed consist of a pending assessment based on the acreage of the parent parcels and the costs associated with the turn lane improvements associated with the Development. The pending assessment amount for the parcels is: 2 9S~ Parcel Nos. 140250001375 140250001482 140250001083 Total amount pending: $ 27,146.97 The estimated amount to be assessed for the costs of the turn lane improvements is $23,000. Therefore, the estimated total amount to be assessed is estimated at $50,146.97. Before the City signs the final plat, the Developer shall provide a letter of credit for 1.25 times the amount of the estimated assessment payment of the final levied assessments for Akin Road. 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 final acceptance of streets and utilities. 10. Grading Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid 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 3 9~O Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay 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 $ 1,356 based upon the number of acres in the plat. The Water Quality Management Fee shall be paid upon execution of this agreement. 12. Landscaping. 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 I) 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. 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 Management Fee. The Developer shall pay an area storm water management charge of$ 118,224 in lieu of the property paying a like assessment at a later date. The Surface Water Management Fee shall be paid 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 Mitigation. 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 Charge. The Developer shall pay a water main trunk area charge of $ 42,336 for the plat in lieu of the property paying a like assessment at a later date. The Water Main Trunk Area Charge shall be paid 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 9~1 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 13,910 for the plat in lieu of the property paying a like assessment at a later date. The Water Treatment Plant Fee shall be paid 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. Sanitary Sewer Trunk Area Charge. The Developer shall pay a sanitary sewer trunk area charge of $ 37,739 for the plat in lieu of the property paying a like assessment at a later date. The Sanitary Sewer Trunk Area Charge shall be paid 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. 20. Park Dedication. The Developer shall pay a park dedication fee of$ 112,991 in satisfaction of the City's park dedication requirements for the plat. The Park Dedication Fee shall be paid 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. A credit in the amount of $266,067 will be given to the developer for land donated in satisfaction of the City's park dedication requirements for the plat. The net result is a park dedication credit of $153,076. 21. Sealcoating. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 1,612 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 1,695 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. Outlot A shall be dedicated to the City for Park Dedication and Wetland properties. Outlot B shall be dedicated to the City as a Conservation area. Outlot C shall be dedicated to Michael T. and Patricia Haley (20521 Akin Road). Outlot D shall be dedicated to Wade R. 1. and Kimberly Hanson (20551 Akin Road). Outlot E is a storm water pond and shall be dedicated to the City. Outlot F shall be dedicated to the City for Wetland property. Outlot G is future street right-of-way and dedicated to the City. 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 ifrequired 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 $ 559,750. 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 9~~ Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ N/A* $ 107,750 $ 113,375 $ 80,000 $ 224,750 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 6,500 $375 $ 13,125 $ 13,875 $N/A This breakdown is for historical reference; it is not a restriction on the use of the security. *The Grading/Erosion Control is secured by a separate letter of credit. 27. Responsibility 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 ofthe 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. Existing 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 9C::; 3 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 ofthe 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. 7 9~'1 I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. 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: Larry Frank Arcon Development 7625 Metro Blvd., Suite 350 Edina, MN. 55439 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 Schukle, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 8 9~S SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Edward 1. Shukle, City Administrator DEVELOPER: Arcon Development By: Its: Drafted by: City of Farmington 325 Oak Street Fannington, MN. 55024 (651) 463-7111 9 9~~ 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 1. 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 Arcon Development, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 10 9~,? EXHIBIT" A" Outlot F, MIDDLE CREEK, according to the recorded plat thereof, Dakota County, Minnesota. TOGETHER WITH: All that part of the Northwest Quarter of the Southeast Quarter of Section 25, Township 114, Range 20, Dakota County, Minnesota, lying easterly of the west 23.95 acres thereof except the following described parcel; Beginning at a point 8 rods west of the northeast comer of said Northwest Quarter of the Southeast Quarter, thence west 16 rods; thence south 10 rods; thence east 16 rods; thence north 10 rods to the point of beginning. TOGETHER WITH: All that part of the Northeast Quarter of the Southeast Quarter of Section 25, Township 114, Range 20, Dakota County, Minnesota, lying westerly of the following described line: Commencing at the northeast comer of said Northeast Quarter of the Southeast Quarter; thence on an assumed bearing of West along the north line of said Northeast Quarter of the Southeast Quarter, a distance of 1034.70 feet, to the point of beginning, of he line to be described; thence South 34 degrees 58 minutes 00 seconds East, a distance of 890.65 feet; thence South 25 degrees 31 minutes 00 seconds East, to the south line of said Northeast Quarter of the Southeast Quarter and there terminating, EXCEPT: Beginning at a point on the north line of said Northeast Quarter of the Southeast distant 1034.70 feet west of the northeast comer thereof, at the intersection of said north line and the center line of State Aid Road No. 19, thence on a bearing of West along said north line, a distance of276.78 feet; thence South 00 degrees 38 minutes 00 seconds West a distance of 180.00 feet; thence on a bearing of East parallel with said north line a distance of 402.65 feet to said center line; thence North 34 degrees 58 minutes 00 seconds West, along said center line, a distance of219.45 feet to the point of beginning, ALSO EXCEPT: Commencing at a point on the north line of said Northeast Quarter of the Southeast Quarter distant 1034.70 feet west of the northeast comer thereof; thence South 34 degrees 58 minutes 00 seconds East, a distance of 219.45 feet, to the actual point of beginning, said point being the center line of State Aid Road No. 19; thence at right angles to the left, a distance of 208.7 feet; thence at right angle to the right, a distance of 104.35 feet; thence at a right angle to the right a distance of 208.70 feet to said center line; thence at right angle to the right and along said center line a distance of 104.35 feet to the point of beginning, ALSO EXCEPT: Commencing at a point on the north line of said Northeast Quarter ofthe Southeast Quarter a distance of 1034.70 feet west of the northeast comer thereof, thence South 34 degrees 58 minutes 00 seconds East, a distance of 323.80 feet to the point of beginning, said point being the center line of State Aid Road No. 19, as now established, thence South 55 degrees 07 minutes West, a distance of208.70 feet to an iron stake, thence South 2 degrees 49 minutes 00 seconds West a distance of205.20 feet to an iron stake, thence North 55 degrees 07 minutes East a distance of 334.85 feet to said center line, thence northwesterly along said center line, a distance of 162.35 feet to the point of beginning, ALSO EXCEPT: Commencing at a point on the north line of said Northeast Quarter of the Southeast Quarter, a distance of 1034.70 feet west of the northeast comer thereof; thence South 34 degrees 58 minutes 00 seconds East, a distance of 486.15 feet to the point of beginning; said point being the center line of State Road No. 19 as now established, thence South 55 degrees 07 minutes 00 seconds West, a distance of 90.40 feet to an iron stake; thence North 55 degrees 07 minutes 00 seconds West, a distance of 124.40 feet to an iron stake; thence North 55 degrees 07 minutes 00 seconds East, a distance of 290.40 feet to said center line, thence northwesterly along said center line 124.40 feet to the point of beginning, 11 9~~ ALSO EXCEPT: Commencing at a point on the north line of said Northeast Quarter of the Southeast Quarter, a distance of 1034.70 feet west of the northeast comer thereof, thence South 34 degrees 58 minutes 00 seconds East, a distance of 610.55 feet to the point of beginning, said point being the center line of State Aid Road No. 19, as now established, thence South 55 degrees 07 minutes 00 seconds West, a distance of 290.40 feet to an iron stake, thence South 34 degrees 58 minutes 00 seconds East, a distance of 150.00 feet to an iron stake, thence North 55 degrees 07 minutes 00 seconds East, a distance of 290.40 feet to said center line, thence northwesterly along said center line a distance of 150.00 feet to the point of beginning, ALSO EXCEPT: Commencing at a point on the north line of said Northeast Quarter of the Southeast Quarter, a distance of 1034.70 feet west of the northeast comer thereof, thence South 34 degrees 58 minutes 00 seconds East, a distance of 760.55 feet to the point of beginning, said point being the center line of State Aid Road No. 19 as now established, thence South 55 degrees 07 minutes 00 seconds West, a distance of 290.40 feet to an iron stake, thence South 34 degrees 58 minutes East 101.70 feet to an iron stake, thence North 64 degrees 34 minutes 00 seconds East, a distance of 290.40 feet to said center line, thence North 25 degrees 31 minutes 00 seconds West, a distance of 19.55 feet, thence North 34 degrees 58 minutes 00 seconds West, a distance of 130.45 feet to the point of beginning, ALSO EXCEPT: Commencing at a point on the north line of said Northeast Quarter of the Southeast Quarter, a distance of 1034.70 feet West of he northeast comer thereof; thence South 34 degrees 58 minutes 00 seconds East along the center of State Aid Road No. 19 as now established a distance of 891.00 feet, thence South 25 degrees 31 minutes 00 seconds East along said center line a distance of 19.55 feet to the point of beginning of this tract to be described; thence South 64 degrees 34 minutes 00 seconds West, distance of 290.40 feet; thence South 25 degrees 31 minutes 00 seconds East, a distance of 150.00 feet, thence North 64 degrees 34 minutes 00 seconds East, a distance of 290.40 feet to said center line, thence North 25 degrees 31 minutes 00 seconds West, along said center line, a distance of 150.00 feet to the point of beginning, ALSO EXCEPT: Commencing at a point on the north line of said Northeast Quarter of the Southeast Quarter, a distance of 1034.70 feet west of the northeast comer thereof, thence South 34 degrees 58 minutes 00 seconds East, a distance of 890.65 feet, thence South 25 degrees 31 minutes 00 seconds East, a distance of 229.55 feet to the point of beginning, thence South 64 degrees 34 minutes 00 seconds West, a distance of 290.40 feet, thence South 25 degrees 31 minutes 00 seconds East, a distance of 150.00 feet, thence North 64 degrees 34 minutes 00 seconds East, a distance of 290.40 feet to the center line of State Aid Road No. 19 as traveled, thence northwesterly along said center line a distance of 150.00 feet to the point of beginning, ALSO EXCEPT: Commencing at a point on the north line of said Northeast Quarter of the Southeast Quarter, a distance of 1034.70 feet west of the northeast comer thereof; thence South 34 degrees 58 minutes 00 seconds East, a distance of 890.65 feet, thence South 25 degrees 31 minutes 00 seconds East, a distance of 379.55 feet to the point of beginning, thence South 64 degrees 34 minutes 00 seconds West, a distance of 290.40 feet, thence South 25 degrees 31 minutes 00 seconds East, a distance of 65.00 feet, thence North 77 degrees 41 minutes 04 seconds East, a distance of 298.25 feet to the center line of State Aid Road No. 19 as traveled; thence northwesterly along said center line a distance of 132.69 feet to the point of beginning, ALSO That part of the Northeast Quarter of the Southeast Quarter, described as follows: Commencing at a point on the north line of said Northeast Quarter of the Southeast Quarter, a distance of 1034.7 feet west of he northeast comer thereof, thence South 34 degrees 58 minutes 00 seconds East, a distance of 890.65 feet, thence South 25 degrees 31 minutes 00 seconds East, a distance of 521.24 feet to the actual point of beginning, thence South 77 degrees 41 minutes 04 seconds West, a distance of 298.25 feet, thence South 25 degrees 31minutes 00 seconds East to the south line of said Northeast Quarter of the Southeast Quarter; thence easterly along said south line to the center line of State Aid Road No. 19 as traveled, thence northwesterly along said center line a distance of 136.34 feet to the point of beginning, 12 9c' 7' ALSO EXCEPT: Commencing at the northeast comer of said Northeast Quarter of the Southeast Quarter; thence on a bearing of West along the north line of said Northeast Quarter of the Southeast Quarter a distance of 1034.70 feet; thence South 34 degrees 58 minutes 00 seconds East, a distance of 890.65 feet; thence South 25 degrees 31 minutes 00 seconds East, a distance of 379.55 feet; thence South 64 degrees 34 minutes 00 seconds West, a distance of 290.40 feet to the actual point of beginning; thence North 25 degrees 31 minutes 00 seconds West, a distance of 150.00 feet; thence South 64 degrees 34 minutes 00 seconds West, a distance of 291.00 feet; thence South 25 degrees 31 minutes 00 seconds East, a distance of 146.61 feet, more or less, to its intersection with the south line of said Northeast Quarter of the Southeast Quarter; thence easterly along said south line a distance of 7.90 feet, more or less, to its intersection with a line bearing South 64 degrees 34 minutes 00 seconds West from the point of beginning; thence North 64 degrees 34 minutes East a distance of 283.87 feet, more or less, to the point of beginning, ALSO EXCEPT: Commencing at the northeast comer of said Northeast Quarter of the Southeast Quarter; thence on a bearing of West along the north line if said Northeast Quarter of the Southeast Quarter, a distance of 1034.70 feet; thence South 34 degrees 58 minutes 00 seconds East, a distance of 890.65 feet; thence South 25 degrees 31 minutes 00 seconds East, a distance of 379.55 feet; thence South 64 degrees 34 minutes 00 seconds West, a distance of 290.55 feet, to the actual point of beginning; thence continuing South 64 degrees 34 minutes 00 seconds West to the south line of said Northeast Quarter of the Southeast Quarter; thence east along said south line to its intersection with a line bearing South 25 degrees 31 minutes 00 seconds East from the point of beginning; thence North 25 degrees 31 minutes 00 seconds West to the point of beginning, TOGETHER WITH: All that part of the following described property: Beginning at a point on the north line of said Northeast Quarter of the Southeast Quarter distant 1034.70 feet west of the northeast comer thereof, at the intersection of said north line and the center line of State Aid Road No. 19; thence on a bearing of West, along said north line, a distance of 276.78 feet; thence South 00 degrees 38 minutes 00 seconds West, a distance of 180.00 feet; thence on a bearing of East parallel with said north line, a distance of204.07 feet, to a point hereinafter referred to as point "A"; thence continuing on a bearing of East parallel with said north line, a distance of 200.58 feet, to said center line; thence North 34 degrees 58 minutes 00 seconds West, a distance of219.65 feet to the point of beginning. Which lies southerly of the following described line: Beginning at said point "A", thence North 60 degrees 32 minutes 53 seconds East, a distance of 72.78 feet; thence North 12 degrees 46 minutes 47 seconds East, a distance of 53.72 feet; thence North 55 degrees 02 minutes 00 feet East, a distance of 52.17 feet, to said centerline of State Aid Road No. 19 and there terminating. 13 "7'/0