The URL can be used to link to this page

Home My WebLink About04.01.02 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 Aprill, 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) Acknowledge Retirement - Paul Speiker Acknowledged J. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (3/18/02 Regular) (3/19/02 Special) b) Approve Temporary 3.2 Beer License - Farmington Fastpitch League- Administration c) Approve Temporary On-Sale Liquor License St. Michael's Church- Administration d) Approve Signal Agreement 3rd and Elm Streets - Engineering e) Approve Fiber Optic Cabling Public Facilities - Finance f) Accept and Approve City Administrator Evaluation and Approve Compensation Adjustment - Administration g) Adopt Resolution - Gambling Premises Permit Civil Air Patrol - Administration h) Adopt Resolution - Gambling Event Permit St. Michael's Church - Administration i) Adopt Resolution - Accept Donations Senior Center - Parks and Recreation j) Acknowledge Resignation - Parks and Recreation k) Acknowledge Resignation - Community Development I) School and Conference - Administration m) School and Conference - Community Development n) Approve Bills A(1proved Apl!roved Approved R26-02 Approved Approved R27-02 R28-02 R29-02 Acknowledged Acknowledged Information Received InjormationReceived Apl!roved 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT a) Adopt Resolution - 2002 Sealcoat Project - Engineering (Supplemental) 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Approving City Center Preliminary and Final Plat - Community Development b) Adopt Resolution - Approving Middle Creek Estates Final Plat - Community Development c) Consider Appeal Fee Refund Request - Community Development d) 2002 Assessment, Open Book Meeting Information - Administration 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Goal Setting Retreat Reminder 14. ADJOURN .......... City of Fannington 325 Oak Street Fannington, 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 Aprill, 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) Acknowledge Retirement - Paul Speiker J. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (3/18/02 Regular) (3/19/02 Special) b) Approve Temporary 3.2 Beer License - Farmington Fastpitch League- Administration c) Approve Temporary On-Sale Liquor License St. Michael's Church- Administration d) Approve Signal Agreement 3rd and Elm Streets - Engineering e) Approve Fiber Optic Cabling Public Facilities - Finance f) Accept and Approve City Administrator Evaluation and Approve Compensation Adjustment - Administration g) Adopt Resolution - Gambling Premises Permit Civil Air Patrol - Administration h) Adopt Resolution - Gambling Event Permit St. Michael's Church - Administration i) Adopt Resolution - Accept Donations Senior Center - Parks and Recreation j) Acknowledge Resignation - Parks and Recreation k) Acknowledge Resignation - Community Development I) School and Conference - Administration m) School and Conference - Community Development n) Approve Bills 8. PUBLIC HEARINGS Action Taken Pages 477-485 Page 486 Page 487 Pages 488-499 Page 500 Pa1{e 501 PaJ{es 502-503 Pages 504.505 Palfes 506-507 Page 508 Page 509 Page 510 Page 511 Page 512 9. AWARDOFCONTRACT a) Adopt Resolution - 2002 Sealcoat Project - Engineering (Supplemental) 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Adopt Resolution - Approving City Center Preliminary and Final Plat - Community Development b) Adopt Resolution - Approving Middle Creek Estates Final Plat - Community Development c) Consider Appeal Fee Refund Request - Community Development d) 2002 Assessment, Open Book Meeting Information - Administration 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Goal Setting Retreat Reminder 14. ADJOURN 7~ COUNCIL MINUTES REGULAR March 18, 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, Soderberg, Strachan, Verch None Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Lee Mann, Director of Public Works/City Engineer; Karen Finstuen, Administrative Services Manager; Lee Smick, Planning Coordinator; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant John Frank, Steve Juetten 4. APPROv.EA GENDA MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. Item 5b) Recognize John Powers' Board Appointment was added. Councilmember Verch pulled item 7a) Council Minutes (3/4/02 Regular) to abstain from voting as he was absent from that meeting. 5. ANNOUNCEMENTS a) Acknowledge Retirement - Paul Speiker Mr. Speiker will retire from his position of Solid Waste Operator effective April 15, 2002. Mayor Ristow thanked Mr. Speiker for his outstanding service to the City. b) Recognize John Powers' Board Appointment Mr. John Powers, Fire Marshal, was recently appointed to the Board of Directors for the State Fire Marshal's Association. 6. CITIZEN COMMENTS 7. CONSENT AGENDA 7a) Council Minutes (3/4/02 Regular) MOTION by Cordes, second by Soderberg approving Council Minutes (3/4/02 Regular). Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: '/77 Council Minutes (Regular) March 18, 2002 Page 2 b) c) d) e) t) g) Approved Vermillion River Memorandum of Understanding - Engineering Approved Sewer Televising Contract - Engineering Approved Change Order - 195th Street Project - Engineering Approved Change Order - City Facilities Project - Engineering Approved Off-Sale Beer License - EconoFoods - Administration Adopted RESOLUTIONS R22-02 and R23-02 Approving Private Development Project Closeouts - Engineering Adopted RESOLUTION R24-02 Accepting Resignation - Solid Waste- Administration i) Approved Appointment Recommendation - Solid Waste - Administration j) Approved CEEF Funding Request - Administration k) Received Information School and Conference - Finance I) Received Information School and Conference - Fire Department m) Received Information School and Conference - Police n) Approved Bills APIF, MOTION CARRIED. h) 8. PUBLIC HEARINGS a) Approve Liquor License - Do-Little and See-More Holdings dba Gossips - Administration This public hearing was held to establish an On-Sale Liquor License and an On- Sale Sunday Liquor License for Do-Little and See-More Holdings, Inc. dba Gossips. The business will be located at 313 3rd Street. Councilmember Soderberg inquired about the outside stairway attached to the building. If another building were to be built in the adjoining vacant lot, staffwill review with Mr. LaBeau options for relocating the stairway. According to Attorney Jamnik, any issues with the stairway would be separate from any conditions dealing with the liquor license. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Verch approving an On-Sale Liquor License and an On-Sale Sunday Liquor License for Do-Little and See-More Holdings, Inc. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Appointment to Heritage Preservation Commission - Administration An application has been received for a vacant seat on the Heritage Preservation Commission. This seat remained vacant after the appointment process in January. The term of this seat is through January 31, 2003. MOTION by Soderberg, second by Cordes appointing Jackie Dooley to the Heritage Preservation Commission. APIF, MOTION CARRIED. L/7t:6 Council Minutes (Regular) March 18, 2002 Page 3 b) January and February 2002 Financial Report - Finance The revenues and expenditures are approximately the same as 2001. Funds are expended out of the General Fund as the City does not take in a lot in revenues. Revenues do rise in March and April due to building permits. c) Approve Extension of Riverbend Final Plat Submittal - Community Development City Code requires that upon approval of the preliminary plat, the Developer shall submit the final plat within 100 days of the approval, unless a time extension is requested by the Developer. The River bend Final Plat needs to be submitted by March 27, 2002 to meet this deadline. Newland Communities has submitted a letter dated March 7, 2002 requesting that the City Council grant an 18 month time extension to August I, 2003 for submittal of the Riverbend Final Plat. The request is due to the need for FEMA to approve a Letter of Map revision to the existing floodplain and the unknown timeframe for this approval to occur. Mr. Steve Juetten, Newland Communities, stated the grading plan has been started, but not finalized. No work has been done on utilities. The project will not start this year. MOTION by Cordes, second by Verch approving a time extension of 18 months, until August 1,2003, for the submittal of the Riverbend Final Plat. APIF, MOTION CARRIED. d) Approve Extension of Wilson Property Final Plat Submittal - Community Development The developer previously received a time extension for submittal of the Wilson Property Final Plat to July 1, 2002. The developer is now requesting a second extension to October 1, 2002. The reason for the request is due to the amount of work required on 203rd Street to determine how it will be laid out. City policy has been to grant a one-time extension for the recording of final plats. In the new ordinance there will be 1 year allowed between submittal of the preliminary plat and final plat, currently there is 100 days. MOTION by Soderberg, second by Strachan allowing a second time extension for the submittal of the Wilson Property Final Plat to October 1,2002. APIF, MOTION CARRIED. e) Consider Ordinance Amendment - Scoreboard Signage - Community Development ISD # 192 approached the City with the proposal to install scoreboards at their baseball fields at the northeast intersection of Akin Road and CSAH 50 and their softball fields on the High School property at 800 Denmark Avenue. The School proposes to install a 6.5' x 27' scoreboard with advertising located on the front and back ofthe scoreboard. Advertising will be 3' x 27'. The signs will not be illuminated. The ordinance governing advertising signs will be changed to read, "Scoreboards on public school property may include billboards and advertising signs in any district." Councilmember Soderberg asked if there will be multiple signs advertised. Planning Coordinator Smick stated only one business will be advertised on the back. </79 Council Minutes (Regular) March 18, 2002 Page 4 Mr. John Frank, School Board, stated he solicited businesses in the community for sponsorship at different price levels. The school wanted to stay away from name brands and keep the advertising community oriented. MOTION by Soderberg, second by Cordes adopting ORDINANCE 002-471 amending Section 4-3-2 (A) Permitted Signs and 4-3-3 (C) Advertising Signs of the City Code. APIF, MOTION CARRIED. f) Charter Communications - Revised Late Fee Implementation - Administration The City received a letter from Charter Communications implementing a revised late fee. Effective May 1,2002 for the 1 st late payment the fee will be $3.25. If the bill remains unpaid an additional $1.70 will be applied 45 days after the bill is processed. If a subscriber has already been assessed a late fee, all subsequent late fees will be $3.25 imposed one month after a bill is processed, and an additional $2.70, 45 days after the bill is processed and remains unpaid. Councilmember Strachan reminded residents the City does not have any authority over cable rate changes. g) Charter Communications - High-Speed Access - Administration Charter offers subscribers high speed access. They have made some changes relative to service and cost. h) 2002 Leadership/Strategic Planning Retreat - Administration The annual planning retreat has been scheduled for April 13, 2002, from 8 a.m. - 3 p.m. at Dakota Electric. The facilitator will be Don Salverda. The purpose of the retreat is to exchange ideas, and share thoughts and goals for the upcoming year, and five years out. 11. UNFINISHED BUSINESS a) St. Michael's Church Property -Administration The St. Michael's Church property and other potential historic properties were discussed at the March 4, 2002 Council Meeting. After discussion with St. Michael's representatives and upon advice from Legal Counsel, a decision was made to continue this item to the March 18, 2002 Council Meeting. City Attorney Jamnik stated the Heritage Preservation Commission's request was four-fold. The HPC issued a finding that the St. Michael's Church building meets the criteria for designation as a heritage landmark. However, if the owner does not want that designation, City Code states the designation cannot be forced on them. The church is not interested in pursuing that designation. The second item recommended by the HPC was that all parties with an interest in the property, the City Council and Planning Commission, to participate in an informal meeting to discuss the preservation value of the church property. As indicated at the March 4 meeting, the members of the church indicated they had explored those opportunities. There is a limited opportunity to pursue that matter, as a '-IQO Council Minutes (Regular) March 18, 2002 Page 5 demolition permit was applied for on March 18, 2002 and under City ordinance the city has 10 days to approve it. If there is an interest for further discussion, it would have to be concluded within the next 10 days. Third, the HPC recommended placing a 6-month moratorium on demolition/moving permits for all buildings more than 50 years old or until new or revised land use controls are in place. As stated at the last meeting, given the situation of the pending development proposal and that the City has been aware of this building for two years, these facts argue against the moratorium and raise the risk that any interim ordinance would be defeated by a court challenge. If Council is still interested, there is still an opportunity, but the facts do not argue strongly for the city's position and would be highly risky. The fourth request, is the HPC requests authorization of a study of the preservation value and reuse potential of religious buildings and other potential historic properties. That is a viable option for Council to consider. Given the situation, this is a broader use for other churches in the community separate from St. Michael's. Mayor Ristow stated without an agreement to designate the church as a landmark, our hands are tied. Attorney Jamnik stated that is correct, if Council tries to change the ground rules now, there is a high risk of defeat. Councilmember Strachan stated there are two parties. The church and the property owner, who have entered into a contract. They have strongly indicated they do not wish to be designated as a heritage landmark. For the City to enter as a third party and to change any portion of the transaction, creates a legal liability for taxpayers. Attorney Jamnik stated that is correct. It is different than if there was not an agreement between two parties, or it is not in writing, or as close to finalization as this agreement. The primary determinate of what a property will be used for rests with the owner. City regulations and oversight are at best secondary. Mayor Ristow stated he did receive a fax from Mr. Colin Garvey, developer, stating he has no desire to spend $2 - 2.5 million to restore the building. Attorney Jamnik stated no action is being requested by staff, however, if Council does have an interest for future activities to bring them up at future meetings would be appropriate. Mayor Ristow asked Attorney Jamnik, excluding St. Michael's would it be his advice not to act on the request for a moratorium? Attorney Jamnik, stated with regards to St. Michael's, while Council is legally able to pass a moratorium, the odds of it sustaining are much worse than they were two years ago. He advised if Council does pursue that, it is risky and does expose the City to legal challenge and potential liability . It is much more likely to be overturned with regard to 8t. Michael's, than a broader view. As far as other historic sites, Council does have time to consider them. Mayor Ristow suggested a workshop with the HPC and review potential buildings. Councilmember Soderberg stated he does not see any problem with Council acknowledging that the HPC has issued the finding that the building does meet the criteria for landmark designation. If the land owner is not interested, it does not get designated. From his perspective it is a historic landmark. Placing a moratorium interferes with a private contract and that is not within the City's right <leol Council Minutes (Regular) March 18, 2002 Page 6 to do. The HPC is currently considering other buildings and Councilmember Soderberg was not sure if a workshop is necessary. Councilmember Strachan asked that in the future, do we want to change the policy regarding non- participating landowners? Perhaps that is something the HPC could review. Mayor Ristow stated a demolition permit has been applied for, but we are still a long way from demolition. The church will make sure the property is well in the new owner's hands before anything could happen. Attorney Jamnik replied that will be their decision, not ours. The protocol would be the 10 day period allows for documentation of the historic structure. After the 10 days the owner of the property would have the authority to demolish the building. Councilmember Soderberg stated the HPC did right by finding the building meets the criteria for designation as a historic landmark and wanted to acknowledge those findings. 12. NEW BUSINESS a) Consider Resolution - 209th Street Feasibility Report - Engineering The feasibility report for 209th Street is in conjunction with the Tamarack Ridge project. The project would include streets, storm water, and water main improvements to serve Tamarack Ridge and the properties on the south side of 209th Street. The developer is responsible for the construction of the street and the developer will be reimbursed for the costs apportioned to the residents along the south side of the street. Last year staff attempted to obtain assessment agreements from the property owners along the south side of 209th Street for the proposed improvements. Several residents did not agree to sign the agreements. Without 100% participation in the assessment agreements, it is necessary to apportion the costs of the improvements pursuant to M.S. Chapter 429. The project needs to be a City project and go out to public bid and assessment hearings. The estimated project cost is $311,000. The costs will be allocated between the developer and the property owners along the south side. The appraisal will be completed shortly and the proposed assessment roll and project cost will be available at the neighborhood meeting and the public hearing. Mayor Ristow asked how much road is left between the end of the project and County Road 66. City Engineer Mann replied Cantata Avenue as well as 208th Street to Cambodia is where the project ends. Mayor Ristow asked if it would be cheaper to do the rest of the road now and get some cooperation from Empire Township. City Engineer Mann replied there are ponds on the west side and township properties on the east side and township properties on both sides as you get closer to CR66. It would have to be a joint project between the City and Empire Township. Mayor Ristow stated it will be such a small piece left as gravel, it might be worthwhile to contact the township to see if they would want to participate now while the project is going on. City Engineer Mann replied that particular piece was not necessary for the Tamarack Ridge project. Staffwill contact Empire Township to determine if they would be interested in paving that portion at this time. MOTION by Cordes, second by Verch adopting L{'llJ Council Minutes (Regular) March 18, 2002 Page 7 RESOLUTION R25-02 accepting the feasibility report, authorizing preparation of plans and specifications and calling for a public hearing. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council member Strachan: Mr. Kevin Raun, director of ALF, resigned last week. The ALF Board meets once a month and is a policy board. In the future the ALF director will report to City Administrator Shukle, rather than the board. Councilmember Verch: Akin Road. Thanked staff for the larger stop signs on 195th Street and City Attorney Jamnik: Council will recess for Executive Session for the City Administrator's performance evaluation. The public will be provided with a report at the next Council Meeting. City Administrator Shukle: There will be a workshop March 19 to discuss the Ash Street project and the revised recreational vehicle ordinance amendment. Mayor Ristow asked about the tree preservation ordinance. Administrator Shukle replied staff has been reviewing it, but has no further information other than what is in the zoning code. Mayor Ristow: Received an invitation from Rosemount to their Open House April 6 for their new city facilities. Council recessed at 8:11 p.m. for Executive Session - City Administrator Performance Evaluation. Respectfully submitted, j;v~ ~7?~ Cynthia Muller Executive Assistant '1cr 3 COUNCIL MINUTES ASH STREET WORKSHOP March 19, 2002 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. Members Present: Mayor Ristow, Soderberg, Strachan. Members Absent: Cordes, Verch. Also Present: Administrator Shukle, Finance Director Roland, Community Development Director Carroll, Chief Siebenaler, City Engineer Mann, Assistant City Engineer Gross 3. Reaction from Council on RV ordinance: CD Director Carroll presented memo from Lee Smick regarding the R V ordinance that Council had requested be drafted. Also presented was information on the RV ordinance recently passed in Rosemount - a more restrictive ordinance. After the draft, some issues to discuss. 1) How to handle houses in older part of town without paved drives. 2) How to handle houses in town with RV's parked on class 5 in back or side yards. 3) How to handle houses in rural areas. 4) How to handle ordinance in commercial areas. The police chief asked for direction in enforcement. Council directed that the ordinance, when adopted, be enforced on complaint. Council also asked that the revision to the ordinance be widely advertised - newspaper, newsletter, website etc. The Chief also addressed the seasonal parking ordinance and its enforcement given the RV ordinance. 4. Ash Street City Engineer Mann presented the draft report based on previous workshops, city policies township thoughts and feelings. Assumptions in the report include what the County has committed to do and how the residents along Ash Street would be treated for special assessments if they were to annex in (as if they were already residents under City special assessment policy). The report does not assume that the commercial properties east of Highway 3 will annex into the City. The Mayor expressed his objections to the commercial properties not annexing into the City when they will be provided with benefit. Mann advised that the properties were not truly benefiting until they "hooked up" and that a fee would be charged for connection when (and if) those commercial properties annexed in. In addition, the water and sewer pipes that run through township properties are necessary to make the connections to loop the system for the City. All dollar values discussed were preliminary; the concepts were the basis for the discussion. Appraisal values of the improvement (benefit) were used as the guide c./~" Council Minutes (Workshop) (March 19,2002) Page 2 for what costs would be assessable to the individual properties. Council member Soderberg calculated that roughly $226,700 of lateral costs above assessable amounts would be carried by the City. The Finance Director addressed the financial considerations given the current fund balances of the City Water, Sewer and Storm Sewer funds. Enough money exists to cash flow the project initially but it is assumed that bonds would be issued for the project funding. Another question would be how to fund the non-assessable street costs - City wide debt levy or other finance methods. Council directed staff to talk with representatives of Castle Rock township and schedule a joint Township/City meeting as soon as possible (April 16 or mid- May). 7. ADJOURN MOTION by Strachan, second by Soderberg to adjourn at 8:45 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~r:}!J Finance Director L1'?'6 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: Karen Finstuen, Administrative Services Manager SUBJECT: Approve Temporary 3.2 Beer License - Farmington Fastpitch League DATE: April 1, 2002 INTRODUCTION The Farmington Fastpitch League is requesting a Temporary 3.2 On-Sale Beer License. This action requires City Council approval. DISCUSSION The Farmington Fastpitch League is holding a Softball Tournament at Rambling River Fields from June 14, 2002 to June 16, 2002. The Police Chief and Parks and Recreation Director have, in accordance with City Code guidelines, approved the application. The City Attorney has reviewed and approved the issuance of the license. BUDGET IMPACT None. ACTION REOUESTED Approve a Temporary 3.2 On-Sale Beer License for the Farmington Fastpitch League for June 14 - 16, 2002. Respectfully submitted, cj)~ ~~ Karen Finstuen Administrative Services Manager /b <.jq6 70 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us {(. TO: Mayor, Councilmembers, City Administrator FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Temporary On-Sale Liquor License - St. Michael's Church DATE: April 1, 2002 INTRODUCTION St. Michael's Church is requesting a Temporary on-sale Liquor License for a Spring Festival to be held May 1,2002. DISCUSSION This event will be held on St. Michael's property located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT A City fee has not been established for a Temporary On-Sale Liquor License. In discussion with the Liquor Control Commission, staff was informed that the State of Minnesotawaives all fees for Temporary Liquor Licenses for non-profit organizations. ACTION REOUESTED Approve the attached application for a Temporary Liquor License for St. Michael's Church, 22120 Denmark Ave., for their Spring Festival, May 1,2002. The City Council has not adopted a fee for this permit, and the State of Minnesota waives all fees in this type of situation, Council may waive any fees associated with this request. Accordingly, no license fee is proposed at this time. Respectfully submitted, i I IJ-- -- -A- . lY~ UM~ Karen Finstuen Administrative Services Manager f t/C?7 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us )d TO: Mayor, Councilmembers, City Administrator{( . FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Signal Agreement - 3rd and Elm Streets DATE: April 1, 2002 INTRODUCTION Forwarded for Council's review and consideration is the Traffic Signal Agreement for the proposed signal at the intersection of CSAH 50 (Elm Street) and 3rd Street. DISCUSSION The intersection of CSAH 50 (Elm Street) and 3rd Street, based on recent analysis of the intersection by Dakota County, currently meets warrants for a traffic signal as defined in the 2001 Minnesota Manual on Uniform Traffic Control Devices. The intersection was reviewed for a potential signal because the State of Minnesota will be replacing the bridge on State Highway 3 immediately north of County Highway 66. The detour route selected by the State routes traffic down CSAH 50 (Elm Street) which would significantly increase traffic during the construction period. After review, the intersection was determined to meet warrants now, even before the additional detour traffic is considered. Based on Council's previous indication of willingness to participate in the project, the County has begun to prepare plans and specifications for this signal. The signal plans are currently under review with MNDOT and the County anticipates summer installation of the signal. BUDGET IMPACT The total project cost for the signal is estimated to be $135,000. Per the attached agreement, the State of Minnesota will be contributing funds towards the installation of the signal. The City and the County would split the remaining balance of the project cost as follows: Si al installation costs: Geometric im rovements needed: In the future, Dakota County will be responsible for all maintenance costs associated with the signal. Electrical costs to operate the signal will be split equally between the County and the City. Streetlights that are installed with this project will be owned, operated and maintained by the City. These cost splits are consistent with County policy, and are consistent with past signal projects that have been done in the City of Farmington. Funding for this project is available and would be provided for through the Road and Bridge Fund. t./~ ACTION REOUESTED Adopt the attached resolution authorizing the City to enter into the attached Traffic Signal Agreement with Dakota County for the proposed traffic signal for the intersection of CSAH 50 (Elm Street) and 3rd Street. Respectfully submitted, ~m~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file '-/~ RESOLUTION NO. R -02 APPROVING AGREEMENT WITH DAKOTA COUNTY FOR TRAFFIC LIGHT SIGNAL AT CSAH 50 AND 3RD STREET Pursuant to due call and notice thereof, a regular meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 1 st day of April, 2002 at 7:00 p.m.. Members present: Members absent: Member _ introduced and Member _ seconded the following resolution: WHEREAS, Dakota County has requested the installation of a signal at the intersection of CSAH 50 (Elm Street) and 3rd Street; and, WHEREAS, traffic signals are warranted and needed at this intersection; and, WHEREAS, the City of Farmington and Dakota County will equally share in the costs of the signal system not funded by the Minnesota Department of Transportation, and the City of Farmington and Dakota County will split geometric changes to the intersection 45% and 55%, respectively. NOW THEREFORE, BE IT RESOLVED that the City of Farmington enter into an agreement with Dakota County for the following purposes, to wit: To install a permanent traffic control signal system with street lights and emergency vehicle pre- emption on CSAH 50 and 3rd Street in accordance with the terms and conditions set forth and contained in the agreement. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of April, 2002. Mayor Attested to the day of , 2002. City Administrator SEAL </90 DAKOTA COUNTY DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL AGREEMENT NO. 02-01 BETWEEN THE COUNTY OF DAKOTA, AND THE CITY OF FARMINGTON FOR DAKOTA COUNTY PROJECT NO. CP 50-12 SAP: 19-650-10 MSAP: 212-020-05 TO Install permanent traffic control signal system with streetlights and emergency vehicle pre-emption on County State Aid Highway 50 (Elm Street) at 3rd Street in accordance with the plans and specifications for the above referenced project in Farmington, Dakota County. </9/ Traffic Signal Agreement No. 02-01 CP 50-12 March 14, 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 install permanent traffic control signal system with street lights and emergency vehicle pre-emption on County State Aid Highway 50 (Elm Street) at 3rd Street, including signal coordinates and geometric changes as needed to accommodate signal operation in accordance with the plans and specifications for County Project 50-12 in Farmington, Dakota County, and WHEREAS, the County and City will jointly participate in the cost, maintenance, and operation of said traffic control signal system with streetlights and emergency vehicle pre-emption as set forth in this agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. EnoineerinQ. The County shall prepare the necessary signal plan sheets, specifications, and proposals and shall perform the engineering and inspection required to complete the items of work specified in this agreement. The work described in this paragraph shall constitute "Engineering and Inspection" and shall be referred to as such in this agreement. 2. Construction Costs. The contract cost of the work and, if portions of the work are not contracted, the cost of all/abor, materials, and equipment rental required to complete the work shall constitute the actual "Construction Cost" and shall be referred to as such in this agreement. 2 ~9~ Traffic Signal Agreement No. 02-01 CP 50-12 March 14, 2002 3. Construction. The County, by contract, shall install the permanent traffic control signal system with street lights and emergency vehicle pre-emption including signal coordinates and geometric changes (radius widening, additional curb, and minor sidewalk modifications) as needed to accommodate signal operation on County State Aid Highway 50 (Elm Street) and 3rd Street. The anticipated cost to install the signal and modify the geometry is $135,000. Minnesota Department of Transportation plans to contribute funds towards the installation of the signal. The cost share is 50% County and 50% City after deducting Mn/DOT's contribution. Initially the City will be responsible for 50% of the total project cost. Mn/DOT's actual contribution will be distributed/credited equally between the County and City when received. Reimbursement will then be made to the City. The construction, engineering, and inspection costs will be shared as follows: Estimated Construction Cost = $135,000 County's Share = 50 % City's Share = 50 % Mn/DOT's Contribution will be deducted from total cost when received and credited to the County/City at 50% County/City distribution Geometric Improvements (as needed) = 55 % County, 45 % City 4. Payment. The County will act as the paying agent for payments to the contractor. Payments to the contractor will be made as the project work progresses and when certified for payment by the County Engineer. The County, in turn, will bill the City for the City's share of the construction as specified in paragraph 3. Upon presentation of an itemized claim by one agency to the other, the receiving agency will reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation of the claim. 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 3 '193 Traffic Signal Agreement No. 02-01 CP 50-12 March 14, 2002 question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 4 <f9tf Traffic Signal Agreement No. 02-01 CP 50-12 March 14, 2002 5. Enqineerinq Costs. Upon completion of the work and computation of the County's engineering costs, the County shall invoice the City for the City's share of the engineering and inspection costs incurred by the County. The City shall make payment to the County for the invoice amount within thirty days. 6. County Furnished Materials. Upon completion of the work and computation of the cost of County furnished materials, the County shall invoice the City for the City's share of the cost of materials furnished by the County. The City shall make payment to the County for the invoice amount within thirty (30) days. 7. Siqnal Enerqv. Upon completion of the traffic control signal construction, the County and the City shall be responsible for providing the necessary electrical power for the operation of the traffic control signal (except streetlights), as follows: County's Share = 50% City's Share = 50% 8. Sional Maintenance. Upon completion of said traffic control signal construction, the County, upon being advised or made aware of the need for repairs to the signal, shall maintain and keep in repair the signal system, except street lights, at the cost and expense of the County except as follows: the County will install a standard color pole, arm or signal head as needed to handle the repair. The City is responsible for, at their cost and expense, re- painting replacement parts to match the in place signal equipment. Standard painting for maintenance will be coordinated by the County at the cost and expense of the County. 9. Street Liohts. Upon completion of the traffic control signal construction, the City shall provide necessary electrical power for the operation of the streetlights and will maintain the street lights, at the cost and expense of the City. 5 t.J'15 Traffic Signal Agreement No. 02-01 CP 50-12 March 14, 2002 10. Mast Arm Sions. Upon completion of the traffic control signal construction, the County shall maintain and keep in repair the mast arm mounted street name signs at the cost and expense of the County. 11. Emeroency Vehicle Pre-emotion (EVP) System. The EVP system provided for in this agreement shall be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Section 169.01, subdivision 5 and Section 169.03. The City shall provide the County with a list of all vehicles equipped with emitter units. b) Malfunction of the EVP System shall be reported to the County immediately. c) In the event the EVP System or components are, in the opinion of the County, being misused or the conditions set forth in paragraph a above are violated, and such misuse or violation continues after receipt by the City of written notice from the County, the County will remove the EVP System. 12. TiminQ. Timing of the traffic control signal system shall be determined by the County Engineer through the County Traffic Engineer. No changes to the system timing will be made to the system except with the written approval of the County. 13. Operation. The geometric configuration of the intersection for both the main roadway and side streets including lane alignments and traffic assignments for all approaches, traffic signing, signal phasing and traffic operations will be determined by the County Engineer through the County Traffic Engineer. The City agrees to not make changes to the intersection operation through pavement marking, signing, or other construction measures beyond routine maintenance except with the written approval of the County. The City acknowledges that the 6 49C, Traffic Signal Agreement No. 02-01 CP 50-12 March 14, 2002 County has the right to correct any changes made by the City to the signal and/or any intersection approach (including city street approaches) that are made without the prior review and approval of the County. Costs for correcting the unapproved changes will be paid for by the City. 14. Rules and ReQulations. The County and City shall abide by Minnesota Department of Transportation and Federal Highway Administration rules and State statutes as applicable to carrying out the work contemplated in the agreement. 15. Indemnification. 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. 16. Waiver. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City 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 City. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the City. 7 </9) Traffic Signal Agreement No. 02-01 CP 50-12 March 14, 2002 17. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the City and the County relevant to the Agreement are subject to examination by the county or the city and either the Legislative Auditor or the State Auditor as appropriate. The City and County agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 18. Intearation. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the traffic signals; whether written or oral. g:\agrment\traffic\tsa 02-01 cp 50-12.doc 8 t./ 99' Traffic Signal Agreement No. 02-01 CP 50-12 March 14, 2002 IN WITNESS THEREOF, the parties 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: By Physical Development Director Date County Engineer County Traffic Engineer APPROVED AS TO FORM: County Attorney COUNTY BOARD RESOLUTION No. Date 9 C/~<7 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us 7~ Mayor, Council members, City Administrator {,< J TO: FROM: Robin Roland, Finance Director SUBJECT: DATE: Approve Fiber Optic Cabling Connection Public Facilities - Finance April 1 , 2002 INTRODUCTION As part of their contract to connect the new Elementary School (Meadowview) with Akin Road Elementary, the school district has included an alternate bid for a fiber optic cable connection to the new Public Facilities at 195th and Pilot Knob Road. DISCUSSION Independent School District 192 opened bids for fiber optic cabling between Meadowview and Akin Road elementary schools on Monday March 25, 2002. Alternate A-2 was to install fiber optic cable between Akin Road elementary and the new Police Station, thereby allowing a fiber optic connection loop within the School DistricVCity facilities. There were nine bidders, with the low bidder being Olympic Communications. BUDGET IMPACT Funding is available in the Public Facilities project to cover the $10,809 cost of the installation. ACTION REQUIRED Approve the installation of fiber optic cabling to the new Public Facilities, done as an alternate in the School District fiber optic cabling bid by Olympic Communications for a cost of $10,809. Respectfully submitted, ~#/ Finance Director S'CJCJ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7F ~,( TO: Mayor, Council Members, City Administrator Fll()M: JoelJamnik City Attorney SUBJECT: Administrator Evaluation Summary Report DATE: April 1, 2002 INTRODUCTION Pursuant to the state's open meeting law (in particular, Minnesota Statutes 13D.05, Subd. 3) the City Council conducted a closed meeting as part of its March 18 Regular Council Meeting to evaluate the performance of City Administrator Ed Shukle. The law also requires that at its next open meeting, the public body shall summarize its conclusions regarding the evaluation. The following is intended to serve as a summary of the evaluation. DISCUSSION The review of Mr. Shukle was based on his first six months in his position as Administrator, and Mr. Shukle was judged to have met or exceeded all applicable evaluation criteria. Mr. Shukle received high ratings in the areas of Council, Public and Interagency Relations while the Council indicated that more time is needed to fully evaluate areas such as long-range planning and program development. A one year evaluation is planned for this fall. As part of the evaluation, the Council determined to increase Mr. Shukle's annual compensation to $87,000. ACTION REOUESTED A motion to that effect, to be effective March 4, 2002 in accordance with the employment agreement, is recommended. Respectfully submitted, rc?~~~ Joel J. Jamnik, Esq. City Attorney Sol TO: FROM: SUBJECT: DATE: City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us e;,.c Mayor, Councilmembers and City Administrator Karen Finstuen, Administrative Services Manager Gambling Premise Permit - Farmington Lanes April 1, 2002 INTRODUCTION The Civil Air Patrol is requesting a Gambling Premise Permit at Farmington Lanes, 27 5th Street. DISCUSSION Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. The Civil Air Patrol is requesting approval to conduct gambling activity at 27 5th Street. The appropriate application and fees have been received and the application has been reviewed by the City Attorney. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2002 budget. ACTION REOUESTED Consider the attached Resolution approving a Gambling Premise Permit at Farmington Lanes, 27 5th Street. Respectfully submitted, ;/.b'.~[}~ - , . Karen Finstuen Administrative Services Manager !5 5o~ RESOLUTION NO. R -02 APPROVING A MINNESOT A LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE CIVIL AIR PATROL AT FARMINGTON LANES 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 1st day of April 2002 at 7 :00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.213, the State of Minnesota Gambling Board may not issue or renew a Gambling Premises Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Civil Air Patrol has submitted an application for a Gambling Premises Permit to be conducted at Farmington Lanes, 27 5th Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premises Permit for the Civil Air Patrol to be conducted at 27 5th Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 st day of April 2002. Mayor Attested to the day of 2002. City Administrator SEAL $$:3 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 and City Administrator FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Gambling Event Permit - St. Michael's Church DATE: April 1, 2002 INTRODUCTION St. Michael's Church is requesting a Gambling Event Permit for their annual Spring Fundraiser Dinner and their Fall Festival. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2002 budget. ACTION REOUESTED Consider the attached Resolution granting a Gambling Event Permit to St. Michael's Church at 22120 Denmark Avenue, on May 1,2002 and September 13-15,2002. Respectfully submitted, \ jJ ~ . ~flu-- c=j/--V~ Karen Finstuen Administrative Services Manager f 50'/ RESOLUTION NO. R -02 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR ST. MICHAEL'S CHURCH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 1 st day of April 2002 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, St. Michael's Church has submitted an application for a Gambling Event Permit to be conducted at St. Michael's Church, 22120 Denmark Avenue, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for St. Michael's Church to be conducted at 22120 Denmark Avenue is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 st day of April 2002. Mayor Attested to the day of 2002. City Administrator SEAL 506 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463~7111 Fax (651) 463~2591 www.cLfarmington.mn.us ~' TO: ~5. Mayor, Councilmembers, City Administrator FROM: James Bell, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donations - Senior Center DATE: Aprill, 2002 INTRODUCTION Donations have been received at the Senior Center from Anchor Bank, 1 st State Bank of Castle ROCK and Alcoholics Anonymous. DISCUSSION Anchor Bank has donated $500 to the Senior Center Pancake Breakfast Fund-raiser. The First State Bank of Castle Rock and Alcoholics Anonymous both donated $100 to be used as deemed necessary . Staffwill communicate the City's appreciation on behalf of the Council to Anchor Bank, Alcoholics Anonymous and the First State Bank of Castle Rock for their generous donations. ACTION REOUESTED Adopt the attached resolution accepting the donation of $500 from Anchor Bank, $100 from the First State Bank of Castle Rock and $100 from Alcoholics Anonymous. Respectfully submitted, ~~~ James Bell Parks and Recreation Director 5~ RESOLUTION No. R -02 ACCEPTING DONATIONS TO THE SENIOR CENTER 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 1st day of April, 2002 at 7:00 P.M. Members Present: Members Absent: Member ------ introduced and Member ----- seconded the following: WHEREAS, the Anchor Bank has donated $500 to the pancake breakfast fund-raiser and the First State Bank of Castle Rock and Alcoholics Anonymous have donated $100 to the Senior Center; and WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of $500 from Anchor Bank and $100 from the First State Bank of Castle Rock and Alcoholics Anonymous to be used as stated above. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 st day of April, 2002. Mayor Attested to the day of , 2002. City Administrator SEAL 50"") City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7.1 U TO: qJ~' Mayor, Council Members and City Administrator FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Acknowledge Resignation - Parks and Recreation DATE: April 1, 2002 INTRODUCTION . The City has received notification from Mr. Joseph Johnston of his resignation from his position as Solid Waste Operator in the Department of Parks and Recreation. DISCUSSION Mr. Johnston has been employed with the City as a Solid Waste Operator since June 19, 2000. His resignation was effective March 26, 2002. ACTION REOUESTED Acknowledge the resignation of Mr. Joseph Johnston effective Tuesday, March 26,2002. Respectfully submitted, /' ,/~/ /y\ .,? il' --;:#//. .I/>, ,.1/ L- y..ifcA t.:-./ v~ ...0(A/(vvL. Brenda Wendlandt, SPHR Human Resources Manager CC: Personnel File s~c:o /K City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us q>~. TO: Mayor, Council Members and City Administrator FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Acknowledge Resignation - Community Development Department DATE: April 1, 2002 INTRODUCTION . The City has received notification from Mr. John Manke of his resignation from his position as Building Official in the Community Development Department. DISCUSSION The Human Resources Office has received notification of Mr. Manke's resignation effective March 25, 2002. Mr. Manke has been employed with the City since May of 1984. The City has appreciated his commitment to the organization and wishes him well in his future endeavors. ACTION REOUESTED Acknowledge the resignation of Mr. John Manke effective Monday, March 25, 2002. Respectfully submitted, ~dkdfi,JJ1t- / ' . Brenda Wendlandt, SPHR Human Resources Manager CC: Personnel File 507 7L City of F.armington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and.City Council FROM: Ed Shukle City Administrator SUBJECT: School and Conference DATE: April 1, 2002 INTRODUCTION As a member of the Minnesota City County Management Association (MCMA), I have attended the organization's annual conference. The conference is an excellent opportunity to obtain continued training and development within the profession of local government management. DISCUSSION In addition to professional presentations on leadership and management, the conference provides participants to network with other local government managers and administrators. The conference offers a refreshing new look at what we do and how we can improve our organizations in being more productive and efficient. BUDGET IMPACT The 2002 Budget provides training and development monies for the conference. ACTION REOUESTED Approve school and conference request to attend the annual MCMA conference to be held in Brainerd, Minnesota May 8-10, 2002 for the City Administrator. S Ie City Administrator s/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, and City Administrator1~ · FROM: Kevin Carroll, Community Development Director SUBJECT: School and Conference - American Planning Association [APAl Conference DATE: April 1, 2002 INTRODUCTION Planning Coordinator Lee Smick, Planning Associate Mike Schultz and I are interested in attending the American Planning Association's ''National Planning Conference," which will be held in Chicago between Saturday, April 13th and Wednesday, April 17th. DISCUSSION National conferences provide a much wider range of educational opportunities than are typically available at a local or regional conference. Lee Smick and Mike Schultz have each worked for the City for about five years, and during that time neither of them has attended a national conference of the AP A. Most of the recent conferences have been held at "non-Midwestern" locations that would have necessitated airline travel. This year's APA conference will be held in Chicago. Twin Cities members of the APA have chartered some buses that Lee and Mike could use to make the round trip to Chicago for $65 each. Attending the AP A conference would provide me with opportunities to keep abreast of new trends and issues in planning, land use and community development. I would reduce the cost of my attendance by sharing a room (at no expense to the City) with a former co-worker (Jim Ericson, Mounds View Community Development Director) who will be attending the conference. Lee, Mike and I would be in Chicago on the night of a Farmington City Council meeting (April 1 Sth), but at this point we do not expect there to be any Community Development Department issues on that agenda. If any unavoidable issues arise between now and then, I will skip the AP A conference in order to be available for the April 1 Sth Council meeting. Lee, Mike and I would be available by cell phone and bye-mail (at computer "kiosks" located at the conference site) during the three business days that we would be gone. BUDGET IMPACT The 2002 Budget provides adequate funding to send three staff members to the AP A national conference. ACTION REOUESTED school and nference request to attend American Planning Association conference for Planning staff and om unity Development Director. 5// City of Farmingto"n 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: Robin Roland, Acting City Administrator SUBJECT: Supplemental Agenda DATE: April 1 , 2002 It is requested that the April 1 , 2002 agenda be amended as follows: AWARD OF CONTRACT 9 (a) Adopt Resolution - 2002 Sealcoat Project - Engineering Accept the base bid of Allied Blacktop in the amount of $59,655.40. Respectfully submitted, ./142 ~ana Acting City Administrator ~ '7a... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers, City Administrato~ Lee M. Mann, P .E., Director of Public Works/City Engineer FROM: SUBJECT: 2002 Seal Coat Project DATE: April 1, 2002 INTRODUCTION The City Council approved the plans and specifications and authorized advertisement for bids for the 2002 Seal Coat Project at the March 4th Council meeting. Three bids were received for the 2002 Seal Coat Project as shown on the attached bid summary. DISCUSSION Allied Blacktop has submitted the low bid in the amount of $59,655.40. Based on this bid and including a 10% contingency and 27% for legal, engineering and administration costs, the total estimated project cost is $81,728. The estimate from the feasibility study was $100,974. The streets in East Farmington 3rd Addition and East Farmington 4th Addition are to be seal coated for the first time this year. The streets of Hillview Addition, Terra Addition, Dakota County Estates 2nd through 5th Additions, Henderson Addition, 4th Street between Maple Street and County Road 74, 5th Street between Walnut Street and County Road 74, 6th Street between Walnut Street and County Road 74, 7th Street between Walnut Street and County Road 74, Maple Street between 4th Street and 6th Street, Hickory Street between 4th Street and 5th Street, Beech Street between 6th Street and T.H. 3, Locust Street between 5th Street and 6th Street, Hickory Street between 7th Street and T.H. 3, alley by Farmington Lutheran Church located between 5th Street and 6th Street, and the 2nd Street parking lot are scheduled to be seal coated this year as part of the 7 year maintenance program cycle. Seal coating will start after Dew Days (June 21 - 23) and be completed before the Dakota County Fair (August 5-11). BUDGET IMPACT The 2002 Seal Coat Project is included in the 2002 Capital Improvement Plan. Several streets in the project area have already been assessed seal coating costs through their respective development contracts. The property owners benefiting from the improvements to the remaining streets would be 5/3, I assessed for the project costs pursuant to Minnesota Statute 429 and the City's Special Assessment Policy. The remainder of the costs would be funded through the Road and Bridge Fund. The total estimated project cost for the 2002 Seal Coat project based on the low bid received is $81,726. The Council indicated at the public hearing on the project their intent to assess the benefiting property owners 50% of the project costs, which was estimated to be $65.41 per residential equivalent unit based on the estimates in the feasibility report. The final assessment per residential unit will be calculated using the final project costs. ACTION REOUESTED Adopt the attached resolution: 1. Accepting the base bid of Allied Blacktop in the amount of$59,655.40 and awarding the project; 2. Directing staff to prepare the proposed final assessment roll allocating 50% of the project costs to the benefiting properties. Respectfully submitted, ~/11~ Lee M. Mann, P.E. Director of Public Works/City Engineer attachment: Bid Summary cc: file s IJ;t7? e .~ .{3 .~ :is <;S'1:., ... <::l 1:$ ~ <;S c ,;>-,'t ~~ ~ l: oS ~~~ ~ ....... ;::0. ~ '" .~ ~ s '" ..... ~ ~ s ~ S~ IN s= t)~ e;~ ~Z ~O ~rJ:J <~ 0= U~ ~O ~~ ~ ~~ =~ N;;:J ~ ~ ) I I I I 81 81 z 81 1 e ~ sa -0 ~ ~ e :2 ~ ~ ..( lZl M to- iE ~ ~ ~ N \Cl ~ ~ "'" ..c "l lZl QQ ~ ~ ..( ~ I ::I: ~ ~ - ~ ~ ~ .c fi E-< ~ lZl E-< 0 8 8 ~. t:: ..( - ~ - ,...; ...t Z g ~ C>() ~ N >-..l~ L-- ~ ~ ~ 0 ~ 8 U z 00 ~ 2::: 0 N -0 .n - .,; - \0 :2 ~ lZl Q\ vi Z ~ ..; N .... 0 ~ "'" - .... ~ \Cl &<i z 0 ~ ~ ~ ~ ~ 00 Sl - ~ E-< - 8 Z ,...; 00 Po. :2 ..... ~ ~ ~ ~ 0 8 8 z "'" ~ Po. 0 ~ 0 lI"l .n 0 iii - M 00 ~ lZl \0 III Z ...: 0 ...: \Cl i:! u ... N M c\ :s E-< '" III .!::: &<i '" p::l ~ 0 ~ el ~ ~ ~ ~ :j "'" 8 E-< I- 8 ... ..( - 0 B Z r--: -0 ~S ~ - M I ~ ~ ~ b ~ ..( d ~ ~ ~ ~ lI"l ~ d ~ "'" ..c M - - E-< 5 - ~ :;; = = B B - 1>0 - ~ (l) ~ -a -a 'c;j .S .S ~ 0 ~ B u '" '" e;; 1>0 1>0 (l) ~ (l) ... - '" 1>0 1>0 ... ~ ~ ..s ... '0 :3 '" (l) 0 I.l:: ~ ... u :a ~ e;; .... (l) ~ =:l ~ '" ...;! N N ~ ... ..I: ~ ~ ~ 0 Eo< N o o N -- .... o g ~ o.lI"l(28 go ~ lI"l Po._z:Go . ~ ~ ..A Z .....1,Q \00 ..... . M p::l ~og6'~ ~ . _ N lI"l Po.U~ <Zi l- e::: ....: an OlZlMN '" lI"lM ;;.@lI"lMO ~.Q~~a ~. !;;: p::l .Io:<ZigM~ ~~etell"l Nj'-' 0\ . \0 ZM di:g~ ..(z~o -",~.Az ';l NO 0\ ~ "'" p::l ~C:SM~ ~~tell"l 0.'-' '" ~ ~ j9 '0 :c N o o N 5/.3.3 RESOLUTION NO. R -02 AWARD BIDS FOR PROJECT NO. 02-01 2002 SEAL COAT PROJECT PREPARE FINAL ASSESSMENT ROLL 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 18t day of April, 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 2002 Seal Coat project (in the streets shown on Attachment A), bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Total Base Bid Allied Blacktop .................................$59,655.40 Pearson Bros., Inc. ............................$61,194.40 Astech Asphalt................................. .$86,676.00 ; and, WHEREAS, it appears the firm of Allied Blacktop is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The base bid of Allied Blacktop, a Minnesota corporation, for $59,655.40 is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. 2. Staff is hereby directed to prepare the proposed final assessment roll allocating 50% of the project costs to the benefiting properties. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18t day of April 2002. Mayor day of April, 2002. Attested to the SEAL City Administrator S/.3. c{ Attachment A Streets 4th Street 5th Street 6th Street 7th Street 9th Street 10th Street Hickory Street Beech Street Maple Street Locust Street 12th Street 13th Street 14th Street Elm Street Oak Street Spruce Street Walnut Street Everest Path Exodus Court Exodus A venue Everton Court Everton Avenue Exley Avenue Upper 183rd Street West Euclid Street Euclid Way Upper 183rd Street West English Street Embers A venue l83rd Street West Upper 183rd Street West 184th Street Emerald Circle Emerald Trail Upper 182nd Street West Echo Terrace 180th Street West Elkwood A venue Ellice Lane Elgin Avenue Echo Drive Location Maple Street to County Road 74 Walnut Street to County Road 74 Walnut Street to County Road 74 Walnut Street to County Road 74 Maple Street to County Road 74 Maple Street to County Road 74 4th Street to 5th Street, 7th Street to T.H. 3, 9th Street to 10th Street 6th Street to T.H. 3 4th Street to 6th Street, T. H. 3 to 11 th Street 5th Street to 6th Street County Road 72 to south phase line of East Farmington 3rd Addition County Road 72 to south phase line of East Farmington 3rd Addition Elm Street to south phase line of East Farmington 3rd Addition 12th Street to 14th Street West phase line of East Farmington 3rd to 14th Street West phase line of East Farmington 3rd to 14th Street West phase line of East Farmington 3rd to 14th Street Upper 183rd Street West to south phase line of Hillview all Upper 183rd Street West to south phase line of Hillview all Upper l83rd Street West to south phase line of Hillview Upper 183rd Street West to north phase line of Hillview Everest Path to east end of road Upper 182nd Street West to south phase line of Terra Euclid Street to Upper 183rd Street West Euclid Street to CSAH 31 Upper l82nd Street West to Upper 183rd Street West Empire Trail to l85th Street West English A venue to east phase line of Dakota County Estates 5th Addition CSAH 31 to east phase line of Dakota County Estates 4th Addition Upper 183rd Street West to Embers Avenue all West phase line of Dakota County Estates 2nd Addition to Echo Drive West phase line of Dakota County Estates 2nd Addition to east phase line of Dakota County Estates 2nd Addition Ellice Lane to Echo Drive West phase line of Dakota County Estates 2nd Addition to Echo Drive Upper 182nd Street West to south phase line of Dakota County Estates 2nd Addition Upper 182nd Street West to 180th Street West Echo Terrace to north phase line of Dakota County Estates 2nd Addition Elgin A venue to south phase line of Dakota County Estates 2nd Addition IOcu City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council MeI)Jhers, City Administrator CZ .~. FROM: Michael Schultz Vf((; Associate Planner SUBJECT: City Center 2nd Addition Preliminary and Final Plat DATE: April 1, 2002 INTRODUCTION The applicant, Tom Wartman of Farmington City Center, LLC, is seeking approval of the City Center Preliminary and Final Plat. The plat consists of 9.87 acres of land that involves a replat of the original City Center development area and the redeveloped Elm Park dump site (located to the north of the original City Center development). DISCUSSION The Planning Commission reviewed the plat at its March 12, 2002 meeting (a copy of the staff report is attached) and forwarded a recommendation of approval of the City Center 2nd Addition. The original City Center plat was approved in September of 1993 to accommodate the construction of the More 4 grocery store and mini-mall. The proposed plat would re-plat the original subdivision with the addition of two additional commercial lots on the former Elm Park dump site. The Ace Hardware store is currently located on Lot 1 is near completion and will open soon, while the Econo Foods store and mini-mall are located on Lot 3. Lot 2 would be the only remaining lot available for commercial development. The developer has discussed with staff the possibility of future expansion of both the Econo Foods building and the mini-mall. No plans have been submitted at this time. The remaining portions of 2nd Street, Main Street and the drainage & utility easement (lying on the north side of the original City Center plat) were vacated by the City Council in November of 2001. A new drainage and utility easement has been dedicated for the sewer and water main lines that were connected off of 1 st Street. Area Summary Lot 1 = Lot 2 = Lot 3 = .95 acres 1.67 acres 5.59 acres 5" Ie..; Outlot A = Total Area = 1.56 acres (to be deeded back over to the City as park space) 9.87 acres ACTION REQUESTED Consider the attached resolution approving the City Center 2nd Addition Final Plat contingent upon the following: 1. Outlot A be deeded over to the City as parkland. Michael Schultz Associate Planner cc: Tom Wartman File $'/5 RESOLUTION NO. APPROVING PRELIMINARY & FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT CITY CENTER 2ND ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 151 day of April, 2002 at 7 :00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking preliminary and fmal plat review and approval of the City Center 2nd Addition Plat; and WHEREAS, the Planning Commission held a public hearing for the preliminary and final plat on the 12th day of March, 2002, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS; the City Council reviewed the preliminary and final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above preliminary and final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: I. Outlot A be deeded over to the City as parkland. This resolution adopted by recorded vote of the Farmington City Council in open session on the 151 day of April, 2002. Mayor Attested to the _ day of April, 2002. City Administrator S'/~ en r m n 0 w n ... )> I -l -l I-l 0 RIl ... Z ... ~ J:o. ~ t 3: ~ ::c )> 1\ I~ A. / II 1\ 11.1 A / II ... -0 1 'If 1.._ J./ '-t 1 '\In J./ L; to + ~ ~ ~' , '0. ~ z c l;? Z V r- III ll! ..... '" III ~ I l> I l> o. I I if f Ifi i ri a. [~~ o gOl' B. .i'$lSo i "'!ii' ~' So~'i' l! ~ B- ~ ~~ ~ III lr~ l' ji."'i} f ~f g Ii ~ ~1 I ;1 ~ '-g' ~ So ~ g tlf ~ ~ rc~ ~ a [II o 60 120 , SCALE IN FEET --I I I 1~,1 I 'I I I ~ I I I I -1~ 4"~ I--i ~. ( .~, . j,J. (f) -,-I (f) --I :n :l~ rT~ --I / + f I \--.. l5: 0... ant w. ...:g ..., . . x' 1\ :' ~ o . o w ~ ... . x ... 01 UI o CD +- ....- ./ --- A POINT 219.00 FEET WEST _': OF THE EAST LINE OF THE ..- lIE 1/4 OF TIlE NIl 1/4 - --:--+--.. " + \ t:; .. \ ill ~ \fg : i \~ ~ ~ I~ ~~ ~ ~.;! I:'" Iii ~ ~ 5 I : ... , + , )-- c, '- +/ ... BLOCK f~'~9~g4~S.~/ I ! w I ~ I : 01 I ; L_ - NOT SET T.. 1 \ 1 01 I I., I~ I~ I i 1 I I I r- '1 .1 tolTHEAST CORNER OF lIE 1/4 OF NIl 1/4 .lR. SEC. 31 - TII4 - Rig , I', DAKOTA COIMY -.-r 1'" I ~ S r ii I : ; I . ~ ~I~ - -+" I i , 1 50 ' 1 i i i f i , r l i i i r"'- 4-1 .ifj i J i i , f:. i ., :. :Jj f1: p- J,1 ?t. (...J 1 , 1 i , 1 i 50 , 1 i 11 11> tJ:J 13:. 50 1 H IZ jGJ 1---1 Iq IZ 1 1 1 1 1 I 1 1 I 1 1 1 ) I 1 I 1 1 1 l- I 1 I I L_ 3~_(~(:~: 1 1 .'\~: 3 -I\.....,.T...'..T("'\.... ;- J-IHIVI.l1 ~\J 1 \11 ~ . r: I -;- Y .[~E~~Tt:H =1o~~-~~~~~~~---r~_L_---. -t;. . -&- . 60.00 A--U--6- ......... /!. ........ 78.73 .,' 589.47'10." 589.53'OS." 299.90"- ~: . S . A . ~. ~~r]. ~(~ {Et_i~~ STRr:ET}. ---I I I I I r-~ I 1 o m r- .3: is; I~~ ~ ~ . == > ..Z, N ~ ~ '\J -n H ---1 -< n m Z ---1 m TI (J) m n .0 Z o )> o o H ---1 H o Z f' . 'J: . ,.,~~~ [jiii) @ (jiii) c::I C!i 3: . ):> ::::0 N ...... ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmin21:on.mn.us TO: City Planning Commission FROM: Michael Schultz ~c, Associate Planner SUBJECT: City Center 2nd Addition Preliminary and Final Plat DATE: March 12, 2002 INTRODUCTION The applicant, Tom Wartman of Farmington City Center, LLC, is seeking approval of the City Center Preliminary and Final Plat. The plat consists of 9.87 acres of land that involves a replat of the original City Center development area and the redeveloped Elm Park dump site (located to the north of the original City Center development). Planninf! Division Review Area Bounded By: City park space to the north, single-family to the west, railroad. right-of-way and commercial to the east and commercial to the south. Existing Zoning: B-2 (General Business) District Comprehensive Plan: Business Existing Conditions: The south half of the property has been developed commercially (Econo Foods and a strip mall). The north half of the site was recently cleaned up environmentally and now contains the Ace Hardware store. Topography: The site is relatively flat except for the drop in the banks around the Vermillion River. River (shore land) Setbacks: The MN DNR requested a 100-foot setback from the centerline of the river, the portion of the plat adjacent to the Vermillion River is a designated trout stream. Outlot A contains the setback area and will be deeded over to the City as parkland dedication. Parkland and Trails: The dedicated park land will consist of 1.56 acres of land and will be adjacent to the City's Rambling River Park property. Staff has had preliminary discussions about developing the area into an active park site with trails, park benches, lawn bowling, civic garden, fishing piers and other amenities. This is still under consideration by the Park & Recreation Division. S'/CO' DISCUSSION The applicant, Tom Wartman, Farmington City Center, LLC, is seeking Preliminary and Final Plat approval of the City Center 2nd Addition. The original City Center plat was approved in September of 1993 to accommodate the construction of the More 4 grocery store and a mini-mall. The proposed plat would re-plat the original plat in addition plat two additional commercial lots on the former Elm Park dump site. Currently the Ace Hardware store on Lot 1 is near completion and will open soon, while the Econo Foods store and mini-mall are located on Lot 3. Lot 2 would be the only remaining lot available for commercial development. The developer has also discussed with staff the possibility of expanding the mini-mall to the north to accommodate at least one more tenant. No plans have been submitted at this time. The remaining portions of 2nd Street, Main Street and the drainage & utility easement (lying on the north side of the original City Center plat) were vacated by the City Council in November of 2001. A new drainage and utility easement will be dedicated for the location of the sewer and water main lines that were connected off of 1 sl Street. The surveyor is currently coordinating with the City and Gopher State One to locate the exact placement of those utilities to ensure easement location. Area Summary Lot I = .95 acres Lot 2 = 1.67 acres Lot 3 = 5.59 acres Outlot A = 1.56 acres (to be deeded back over to the City as park space) Total Area == 9.87 acres ACTION REOUESTED . . Consider approval of Middle Creek Estates Final Plat and forward the recommendation to the City Council contingent upon the following: 1. The Drainage & Utility easement be included within the Final Plat to be presented to City Council; 2. Identified recently vacated streets and drainage & utility easement within the Final Plat to be presented to City Council; 3. Outlot A be deeded over t the City as parkland. cc: Tom Wartman File 5/'7 ~ '1 1 ~, ..0 L,. <:J l. ,'JlI~"~~'~'" ''1'f< J .-;;? .';;;1.' ~ ~ :ii 0 ~ i ~ ,,~ ~ : ~~ ~ S ,,0 ~4 8 iit~ n t;; ~~ ~ 0 w~ ~ : '" ~~ "- 0 ;!; J:;X n " '" ~~ -l ~i. a !~ <f. 7 u i ;~ " ~:I- 0 ~ Sg ~ !~~ t; ~~ ~i~ ~ o. ~ ..e~ o eg o 0 -- - - ~- _,. I Jj I ~= t'J <( -, ..-_ IL ..~ ~- ~..(() - - - -- -- - - - ~ ~ ~ g i ~ ~ ~ < e ~ ~ ~ ~ Q ~ ~ ~ i:5 a 5 ~ s ~ j i ~ ~ ~ ~ 1 1 I I L 7i<<..~S:r-Ij;? Cl. <C. ::<~ z= 2l I <( ~ . ~~! ~. <. . . ~ '~ I a I('~-H'.,'S':) 1 '~O , '< ':)1 / l- /// /;-1;- . I (.:>:~ ,.)/ '" -- -10'"'-- - ----tun J ""'"I.D $---- ----] .1t.9I.o S ---uMs ~.;:::::=- ....SlK---- .i33~lS l.S~Lj -0 Co <- ;1SN1lXJ A..;-u;-;".IS -a;:;-JO]WI .:;.....--- ~- :1~; t:jl ~~Cl~)~~l~~;-j'v'.:)'::O :~ 0::: 14~ tiil 0 LO ~~ I -~ I <( -J vj () L ~ ; ! <~) " h ,~: V ;, \, ,... - \ '5 ,~ ,G . ,- ~ IU 1"'\ I I 'U " v..&- I I -- ----!"~- 0 r~O to ~~ I I -~ I <( I vi () I , , I ~- Ld I LoJ IL ~- V) I ..~ L [.j '-' I I r--OAAVJING ;J I TU ~l2 ~~ 0:;) >0 lE:C ~~ ~ ~I ~I .~ ~. ~! ~J -=/ ,1, "......,of "/ I L , '< e iIi i!l . G iIi Sr!:?CJ Job City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrato<,\ . Michael Schultz Associate Planner 1L1~ FROM: SUBJECT: Middle Creek Estates Final Plat - Middle Creek Planned Unit Development DATE: April 1 , 2002 INTRODUCTION Arcon Development, Inc. and D. R. Horton, Inc. are seeking approval of the Middle Creek Estates Final Plat. The plat consists of 26 single-family lots on approximately 40.74 acres of land. The development is a part of the overall Middle Creek Planned Unit development. DISCUSSION The Preliminary Plat was approved by the Planning Commission at its November 13, 2001 meeting and by the City Council on December 17, 2001. The Planning Commission reviewed the Final plat at its March 12, 2002 meeting and forwarded a recommendation of approval to the City Council with the following four (4) contingencies: 1. Revise the Final Plat to include the 75-foot wetland buffer easement as measured from the edge of the DNR Protect wetland; 2. File Outlot B as a conservation area with Dakota County; 3. Deed Outlots A, B, E, F and G to the City; 4. Continue working with staff in preserving mature trees during building permit review. The Planning Commission and City Council approved the Preliminary Plat contingent upon the following items, the status of these items is given. i. A Conservation Easement be filed with Dakota County for Outlot B protecting the vegetation along the rear sides of the lots adjacent to the DNR Protect wetland; Status: The developer is not allowed to file for a Conservation Easement until after the plat is recorded at the County. The Conservation Easement will consist of Outlot B. ii. The developer continue working with city staff concerning the tree inventory to maximize the preservation of trees within the construction area of the development; ..5~ / Status: The developer has submitted a tree inventory of the site. The developer and their engineer have made some design changes in an attempt to preserve groupings of the more mature trees. City staff will continue working with the developer and builders to try and preserve as many trees as possible during site plan review. iii. The road width be modifiedfrom 28-feet to 32-feetface-of-curb toface-of-curb; Status: The road width has been modified from 28-feet to 32-feet from face-of-curb to face-of- curb. iv. The Developer will share half of the costs for construction materials and installation in identification of the cemetery property to be determined by the Heritage Preservation Committee and Parks & Recreation Department. Status: The Heritage Preservation Commission along with the Parks & Recreation Commission are continuing their review of the appropriate monumentation of the former Presbyterian Church Cemetery. Engineering Comments Engineering Division has completed their review of the plat and construction plans for the development and has forwarded the following comments relating to the plat to the developer's engineer (see letter dated March 22, 2002). Below are comments relating to the plat, see attached letter for remaining comments. 1. The 75-foot buffer zone extends into the platted yards on Lots 5 - 10, Block 2 (place wetland buffer sign at rear lot comer between Lots 10 and 11, Block 2). Place wetland buffer signs on the east side of the wetland within Outlot I. City natural area signs must be placed around the pond on Outlot H. 2. Look into eliminating the Eaves Way lift station through this development. If the lift station is eliminated proposed side easement at the connection location could possibly be changed (10' on each side of pipe centerline). This would need to be accomplished by directional drilling. Area Summary Block 1 = Block 2 = Total Lot Area = Total Outlot Area = Total ROW Area = Total Area = 4.3151 acres 6.7617 acres 11.0768 acres 27.3120 acres 2.354 acres 40.7428 acres Summary of Outlots . Outlot A = 545,653 sq. ft. (12.526 acres) - to be dedicated to the City as Parkland dedication. . Outlot B = 286,117 sq. ft. (6.568 acres) - to be filed as a conservation area and deeded over to the City. . Outlot C = 40,012 sq. ft. - to be deeded over to Mike & Patty Haley as part of a land swap for access off of Akin Road. Outlot will contain boulder retaining wall and entry monument. Mr. Haley fully understands that he will be responsible for the maintenance of the wall. s~~ . Outlot D = 5,878 sq. ft. - will contain landscaping and will be deeded over to Wade & Kim Hansen. A structure currently encroaches on the developers property. . Outlot E = 45,926 sq. ft. (1.054 acres) - storm water retention pond, will be deeded over to City. . Outlot F = 264,323 sq. ft. (6.068 acres) - wetland area, will be deeded over to City. . Outlot G = 1,803 sq. ft. - remnant piece of property being preserved for possible future extension of cul-de-sac into Hansen property, outlot will be deeded over to City as possible future right-of- way. Sidewalk and Trails The proposed sidewalk has been moved to the east side of the street in order to avoid removal of a stand of mature trees toward the entrance of the development. The sidewalk will connect to the trailhead located between Lots 1 & 2, Block 2 that will lead into the park property. ACTION REOUESTED Consider the attached resolution approving the Middle Creek Estates Final Plat contingent upon the following: 1. Revise the Final Plat to include the 75-foot wetland buffer easement as measured from the edge of the DNR Protect wetland; 2. File Outlot B as a conservation area with Dakota County; 3. Deed Outlots A, B, E, F & G to the City; 4. Continue working with staff in preserving mature trees during building permit review. Michael Schultz Associate Planner cc: Larry Frank, Arcon Development, Inc. Don Patton, D R Horton File 5'd3 RESOLUTION NO. APPROVING FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT 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 of said City on the 1 st day of April, 2002 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of the Middle Creek Estates plat; and WHEREAS, a public hearing was held by the Planning Commission on the 13th day of November, 2001 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners for approval of the preliminary plat; and WHEREAS, the City Council reviewed the preliminary plat at its December 17, 2001 meeting and recommended approval of the plat based on four contingencies (see Resolution No. 117-01); and WHEREAS, the Planning Commission reviewed the final plat on its March 12, 2002 meeting and forwarded a recommendation of approval to the City Council, and WHEREAS; the City Council reviewed the final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. Revise the Final Plat to include the 75-foot wetland buffer easement as measured from the edge of the DNR Protect wetland; 2. File Outlot B as a conservation area with Dakota County; 3. Deed Outlots A, B, E, F & G to the City; 5';?(j 4. Continue working with staff in preserving mature trees during building permit review. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15t day of April, 2002. Mayor Attested to the _ day of April, 2002. City Administrator 5~6 City of Farmington 325 Oak Street, Farmington, MN 55024 (651)-463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us March 22, 2002 Mr. Keith Willenbring Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN. 55120 RE: Middle Creek Estates Grading and Construction Plan Review Dear Mr. Willenbring, Engineering staffhas reviewed the grading and construction plan information that was submitted for the above referenced project. The following comments need to be addressed with the next submittal. Plat Comments 1. The 75-foot buffer zone extends into the platted yards on Lots 5 through 10, Block 2 (Place wetland buffer sign at rear lot comer between lots 10and 11 block 2). Place wetland buffer signs on the east side of the wetland within Outlot I. City natural area signs must be placed around the pond on Outlot H. 2. Look into eliminating the Eaves Way lift station through this development. If the lift station is eliminated proposed side easements at the connection location could possibly be changed (10' on each side of pipe centerline). This would need to be accomplished by directional drilling. General Comments 1. The street name Dumont Court has been changed to Dyers Pass (Reflect street name on all sheets). 2. Submit street lighting plan for review. Specification Comments: 1. Section B - Materials (B-8. Gate Valves): Gate valves must be used for watermain 16" or smaller. .s 0/(; If you have any questions or comments regarding these review comments please do not hesitate to contact me at (651) 463-1600. Sincerely, ~Yn~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Lee Smick, City Planner Larry Frank, Arcon Development Don Patton. D R Horton SrX/ .. . .. - -- ---_.- .,--.- - - + ',.,~-""''''. ,.." ~.', - '.- . -------..---- ...-....., r------T------, I I , , I \..t;',... I ':~~~ I I ,.~"" ,'1 ,;~ ;'1 I I J')t" ,~., I I I" I ~ - - - - - - -:- - - - - - - ~ , f I I '.'(\ I I <.: I' ,7/ /... I ,71 ~ I I.... I I I\.) L '" I o _______L-___--' -" :z- III ~ ~ o z rt.) 0111 O' Z> :;;l o::l 'fj l'l2. ~i:::: >~ '1J ;0 ~ , I ~205~ I I'Tl I > -rn..,,~z UJ ~VJ~C(:) I I'TlO ;;1~-l;;'iu. 1--10 3:::;0 OOZUl;::j I 1'Tl> ~~~~~ z- I ~~ :;!>Of;;- I "':;!UlZ I '" C) "'r Ul;!; _L_ ~1'Tl -00>00 L-_ r-lZ-l:i! r-r- - rt1> >COJ: :-'Z>m' I (J)~ (T10A:J> I :x: Ul<.-;!;Z CQ~o I OC ZZ > I ~:::l f;i~zo 1--10 C ffi(l}~Q I i!~ ;;j>Z o ;;1Z I c :i!:::loO I UJ ,.., ---i. UJ ~ ~~ I .. Ul 0 I '" ~!l!!il~>~6 >i::tD . ~> --0> -m ~F:i!Q~2~ mO> ",0", >r_ O"''''Ul-l;;1 ;o',."Z N ","':!!J:J:: i z~fJ 0 0 -c~c~g'", '" "m> Z 0 r""'~r-C;;::OZ 0"';;0 ~ 0'" m!r:I"'l-l ..,:><", III rrl-OMMOtn Z~'" Z~~ Z!GtD Ul ~ Ul:J:j!Z-l;o gc~ Cl ... "'''' ZXM~~D~ t1i;8 C z Z 0 C_"tJ>~1 tt~g 0 i::-I>-rO r-~ :u ril I!l->"';!;OO ['1g:i! ~ "'2:-';er-O! a !!l 0 U; ~5:!~~ ~~ Z 0 i:: CD$e;ZrrlO> g N "'a Vl7--l -> Q~ 0 P'Zi::O",_> C c,fIl 0 J::~;;'i-li5~ lnC !:: '" ~. ~ ~i~~~ i\;;;'i Z ~= :-' Cf'T'I>O-i ..z c:z::u ,." VIa . '" ~vl VI c.., g",'" !:: ~~!;l vl mo oc:: ~~~ d5 -; ~.., ~ ng~ nF~.~w!!::!FS' ~ rUll!oS'!HPfl "'ll'S!..i 5.",g"f~3~~Il!l . "rT~f;l-l'tl!!.~ H"i .H~f d!~ ~ al!i~f!lll.fi~! o~!llt "'S' ..~o lJ=-_ I ",J.!tol!- o:ro.f5. Z" 0.. &0 \Q .... .a: F;h ~~hl~ll:~~!l -i hz~no~fS!. aX-" lDa!?3!lcio a '~!" !,c a ;i!g dHs~ill~ :l...IIS'Hi II .. -0" 'flllll It!!:!!.! jg~.rHllll:!!.! ,!g-o 1!5:!!.!l:~. ~!l 8,fS'llr'l'I~!l a~if glfliiiLf [!iat:~;.~i~lf II ~ ~~ i~l(>g 80 It-I il ITt!Sj" ...:f8",jp D a g~c M_~ .__ _~ !!lH llJ>;-t:b!,," 1,H "ll!l;.J s: "!i ~o:!G'!ln!!r;!i' ~".ll af!i' CI ii"l ~ ~ 5!:!!t.!t a o..~ Iii [~i a,S:g I. i'2.ifa. f~o~ It !!of!.!!, -tao3 .....!lIo g.g. Q '2 gC:IE.... O"UtSO!O gg: :H Ill~t-~~~il 1-3iiS~!l:Ul""1 !I"_It ,<!!."goil:o~z [!lI1"i!Hz !ia~a ~:ill9,_-h sltg:i-:~!f! .5.~1: 30)::::t~~:m3:r to(Jt~: 0'" I[ 1l..&_8 "'i;:II_!!rpl!.! . "'ollg_..a_ a. '" irO . _z&2 ot=n.... IJt':~ Ina . ~f~ ~!~~!!.Hi~ ..~~hl~~! ~g e !o@f~~:!fi - ~~ii-~~i- ;o~ ~!f..r"5"""_o if !I ~!l.3'" a '<-iii -..,,_O-!z- J'ollalllf.l!'" ~~> l~i~i'2.a~"f Q~lr.!lQ.."'i l!l;;j IT-ilir.2"lI'!i !I...fo5: f!i I .. Ul - " !1 ~ iol! ~ ! f '" l!l n 111",' !! f . !I is ~ 5"::rn.... ..oii u......n( !I@(93....a..:700....0008"'.. T" 1 -""ll~t: & ll: -,- -<11~ ,!l.~-: 'fl r!l. llij-llhllr !!T,," -UlI12@S'tS' !l-!!:!l. ''is' :ft I !l.~t;l!!.!rh III h8 r ll: S!loc t: [II .. ..** *II'U. * :I - * ..110.. *5 z. 11m 11m 'D :I II ! I ; f ~ ! ! I ~ ! ~j i ~ & S' t ~; ~ t ~ ~ f !t ~! !l.[ ! IS!. ! ~ . o. a li ~ l J .ll~" .. !I & "11 - ~ ! g: If ori i - ~i · f g 11 ~f !I IF !lo.. II .. ! !! [~ !f~ If- I ~ .tr;; .!!.~ ~ I ~ a! ~ "" ~ ~ i.: z ri ~ I; I ~.. ;g !i ii !ii ~S!.I l i! ~ ~ if i i 1 .... If J ! '" f ~ e. ~ f i :; I: 5. I i i 2 r 3 .1 ~ ~ Ii ~ ~ ! I :l ctJ il il '" I f it '" s:: S' I o ~ Ui!f:lf~~ ~ ~ hi~al!t~l ~ fd:~!U; ~t;\~,Hfllll iU. ~lIR~g -,_... - J: IIRI"t- ~!i '" 03 if""'- I"'~i[i!l.i:[! ~~ I fl?rL "i,,!l:~;;Ollif i",~'~da!l. 1lt.n~~!:O!ll ofiainll"li: ilfi~if~U hll9tlOPl[ r o. aD 8:n !!.o -~~~ U!? ~ll'~ii-~:-!. tnh~!: a r- -1l-lToi1za ht!l!l !=f'i lTo;oii~~h lil:l!~ ~!!.1l5' ifll:th... II l~g' Htf!L ~flif fJ.~ a II ~. '" ID ... I I .;; ~ r z I: f ; l g i ~J [ [ a I j s: .- ! f f t g: If I [! l!.l ..,oc ~ ! s- 1: . a 1:- p I f :1 if fl!. } .. f f .:c f \:z: I\i.o . I~,. \ I'" ~" I _~ l \~ \p f' . ~ ~ \ 0 ~I:l -- \ :;z:y -Ii '" ....~ "p,., , lll:ii:a:~!!.~ ~ d-ll'llII~I12 I!n~i;i! ~ slflll,,"h- op f~flg:ill a ::~liiR:I ;1 ..!il~I~!l oi;IIi'll:~i I s[hiH '<31;f!!!ra"" lI.~ll:!!.~o!f hl-;. !:too o.~-.... S 11!l !f ll:8tHll"l !lillf;!f !1:~:'pl fPl9.~jDg; a~~SIi[s!? lh!l_i: E! 1-..11:00 - IrO"1 !f --- 'fla !I_op :III'l!lfl f ~!!.~iJ.-S'f 8~l'!i;lf i~oJHr! of!! f,P: flTl !i' III i f~ i I I ! ~ Q 2 ! SO ~ ~ f l!.; i p 1 ~ r m I !i1 ~ [ a ~; l i !l. f s 1 J !i " Q {i I ~ I , , <.1 I .. \ 'v, Co" : en .'7=11, ~ (s ,.;g: 0 ril f<\, '1'8 . ~ ~ ,,~ \..... NOO'23'23"E 'I ,,~ , ,0/ .iI' KI'I 4t"~ ~ ,.,. i: EI .H~r;:u!~ h!lliil~:I _gn-~oJ !i'1l~t[3fl1 l'z".Is !l !ill'"";:=- 0 !l!if~-I nUl lamai -. !-- ~.t...g~I~9 li;lh~ii [t[li!!.Il!! "< 3 I: !ail .. :I' a!r!l:;~o=!i 8~ r a-. "'11 lio ~lrl!.o Slilhi!'i"i II: ~irlSlI"lI: Ull'~j!l.h 'hra hS' S=~ClttiD:"'lR . e Boca'" !!. ;;;r=-t-f~€ "'a !I il_~" i!i..lIii- ;> _lio_=oS'_ l~:oir2a -" ~g f~.,.!i ;!!.t~fJ!g:; "Illi!! a! I! 11 p_u !i;1I S' ~.i!i-n.. ~B .._oJiiJ~ !!. al!! U of s...t= I:Z '<1 I~ i i !l a f { I I !I [ '" r ir " NOT PREL../,INARY Sub ject to revision without notice. I I I 592.90 I I DOL E eRE E K : I :";\ F' t"; t'J ~s- 3"oo.rr.69N L9'st~ 3 R D ADD I T I 0 rJ E UNE IT llUltOT f IIIODLE CREEK JRO "nnmON...., N00'23'23"E " ~ l" + c> l" .., ,.. .... ?: - o o r fTl ~ i~Jf~U!L' ~ inH~fI ~ ;UI~!Ui~J' "llg lIiJhl lll!ioJ~1( rdiS lihf ij ;dn-!tol B ;!lU-ii ~ Ihjl=8ir: -i -;rUt~~~o :!l ii:UlJ:!o l!.~~z~f~lf~o f.;!fSi!~::ii; !g;a;'a; ~I..~!l i..l!.IJ. s'!"" - o~ stil>l"~"'" z",_l:l:l U!!!a_ 'flll~ i!lR:! 'flir-jli!lt~l i~!i!l.grh!l ~f ~:~I~; ft:I(J[~ ;Illl;:~ 3il~~i i =I~gh~- ior.fo;- i'u!igtJ[U ii!i5.t!l."'ti -i1!!.t~! ~ H IQ~ h =-:r OC31~!!!aF ! IUli!!."" !U~.llr"~llf t[g~!o!.l -e.io!aff !.~giStQ gP~t .01- >9,0 !I-->ol i" I e.!i_~ o2[!!.-~ ..Q:tz;:-!..,3 1.113"'1._ ~ ~!il1[8~ il lIl1il'~ I ~[tl"'[~~lf a I, ~'!l..o~ ll:!I.l8.tll .:= =loo!l:O I(~J~if~~! ~~.'iG! ~~ li:i:~!o!l -Ito~ijjs-!i Ii-o-rh IOl:'hP!lJi=- 15' ..~. !1l I !i' !f!Vir!L !l 9,Jl ,,811 ,.f ora:~aiaF :~:fih Itllo!lIi!!.-! l1a!! ~r~! .. of ll! .!!I1G'ii:r...!l.!lq !!!1I fi -!ill irirllll.,._ l! II ~- ~ !fjllll'll!. !lllorllo i~aa~ rO!lr~g"'lf 1I!111-oiii;a H",.ill.f!!. 1I.;;;1I0!ill:S: i a ~ l< '-!i 1i,....U!i!l1-' 11_ IIII!l. :!l.e!l ~~!i- !l.U -~" ... ~!l.!!h"lDll r .. O~&!!f - U!I fr 1l~~!lDD!fflti ~~f~'~aaf ~ht;!ii ll:~i:l:H! ~ E;-- <>"11' Ill.._ .... lI~--fU~- -,..:!!' _"' ...0 UI 501 5' g !j"oht!i=- IsS!a~..=- Iilr.i:l "'ft::sl ~:~ rSIll ~lll\jil" !i' ~l!.a!f-l a 8 s:" I l' 8 ! ~ fllKilff :; H ~ifJff: HiJI f"'_lhg. 'II!- ~ if! ;:Ii ;iii F sa -a!l's - Ct- ",:i i J! !_i'!!.II!l !'J!l. ~ g:Ja Ih It!"f~ 4l0r{il: g: li'!i ! I qog: o&~llI! iO Z "I" U a 1'0. . i~ III t ~ ' of I__"~z irt'< ~ If!U[ n :i~ l~i ~!l.~~S h;pi:;=- jl:llf"[- dB'" -!ia! I:f 81- I~ -~! ;!fll i- i i i':l jr! ff: 11:",_2._0 I ~... -- ~.o II z_o g:r-'p9. o="'!!. '!'a, 10 I . ~li.li -i 8f "'s: l1~i!" UII.fzf if iJ'i!~ lh~ "II.. g: _5' of =-I! !r:t-l:l-.n 2.1-;1 J~!~ ~!fnn a!? hH :E' ~&~J !it! . i- f~ ~!f"!~ ~R~ I -fro 0 I 'l'jp!l. t:l o Sil.l: II :Hi i ~l 8; ~;;r l~f~11 if ~I a! f4! !, -Jl 3~ S:l is'' ~Iii -;~~ f i1-i If if ~~il 1 ~Jh l~ Jf ~_I i ! !. -j Jl rrl (f) -I )> -I fTl (f) ~i [ I u :-1' "'''' U1r ~l I t...l !'f Ii! "'0_ !I;" I it. ~il S:f! iSI .tl: r !i! :~ it ~I c t j... ','C 0 g- !l I . f i i I ~~ ~i;I ~!;l ITS i!. t! ~J If- I! ~~ Z;;j ~lil l?o: :2 z ~ i! ii ~I :.1 !t il - II: [I ~o II . -f ij [~ ~t II ,ff al III p 5 .} i J ~i p P [i J I f i!! i ~ [ r t [ 19:'Ui /i'ir"d ~ g-i"'< ~~ :t~~ .;!!~!;~ S"Q."2..7oS: ~ac: 0 O"on::lg- .-l~~- .U"hf !; f~i ! 11."1 a I i ;6&i~1 d r._!I !i:i!i~ .. !l9iS!.!!.} slii"!1.'f:t 103-& ~lihii ~ bl~l fS~i!'<1 oUI i ~U:!I I j~~' i ~qll fll S~ i ~i!f! ~E!lSl gi~fa '-fa lil qg.~ -i llo > ~ ~ ~ . :'~i' ~~ fli~~ J~i !I i ! i i I t J J 11 !f .. I t '" aa p jO % j .. :$ ~f r>l Ii if fI ~t 1:1 it lTi Ii 's: _If II t ... l!. ~ o '" :sO ~ ! ~~. I ~ tf -: I -; I: z j1 II H i~ H IE> n ~I III .sf i~ :I i I n i f J ~l I ~ I f :; " P I i i f :; !i I i --- 264.oo_~ N89'33'06 t... en i i ~ ~ 'I ~ ; ~ I i ~ ~ ~ i I ~ a " .. n z ...0 0)0 UlI'J '0) o , OUl Ul =IE Ie E '" ~ !il i ~ z ~ '" ~ III I'l ~ "i 0> o NOl i PRELIlv1INARY Sub ject to revision without notice, I I g, 6: ~ - o o r fT1 ... CIl o b o EXCEPTION -".15 ____ .0..05"56'59._____ 72.78 ___----- N60'()S'SB-E "" 204.07 z (J) I'l ---I )> () :;0 JT1 JT1 ^ N89'33'05"E fTl (f) -I )> -I '\ V' o c ~ ,... N89'58'09"[ 78.13 " I r- I 'It: "1 / .1/ 1/ ....t- \ \ \ \ , , '\, \ '\ \ \ , I , I I , I I , , , , I I , I , , , , , I I I I I \ , I , \ \ I \ I , .. ~ \ ~~ , o"'~ ,- , \z , \ '\ Qi-~ '\ 8~ '\ ~o\\.. g "- 6 '\ \ .... "'Il \ ') WETLAND 0r- 0C / - , " \ EDGE or 'tIE1lAIlO ......' "1 / .1/ f ----- -- \ 1/ L.t- ,.....<11' I ~ \ i- 'J ~ 0 \.. \ 0 \ ~ \ "9.6" I ~.s<.s:5>:, - r \S~ '\ .,(\ " <;"h \. \ i~ \ 1.1' 1), \ \ r~;,-\ \~~ \~ \.p\ ')~ .~ 'y ~~,~ .~\ v 'i>\'/lo~ . .*\ \1' '\. " b ,,, ~O Y' \ . > (.) r 'tt', \ ,/'/ --' , ,/ ,(\ \ ' \ \ ~ \~ \, \ \ \. , \ -~-~ \ III ~ I" F ~ z \ '\ ~ 846"3~__ .~ ,--- . se9'31'27'W " --- ........ "'-- S UNE OF THE NE 1/4 or THE SE 1/4 '-.. '--. 2n.41 i:U10S>~~ >x",;!;'O> :O~~nr-~i: g~ili~~;;I~ [D"'f1~~Ii: -<~zFz:o!2 c~c;l[DE8-i ~zO(T1~S~ ZO"'--l:Oi: I(lx:;!z :;.)~ zX"';:2~lr- c~"Uil-l (t) ~~!;"':!'i5B SJ~:4~F~~ ~XUl:;![D::l :g;o~z"'~~ ~~!:~~~~ l::~",--lS2-< ~E~~~ <:",>0;;1 ~~:o UI ZVI -i VI S89'31'27"W ,-- 444.95 t:iiig~ . t!ti?~ ~~~5 . ~~U1 ~ :;.)l::> z -lcAl ~ o~[D VI x > ." >n!(l 0 ~Alo ~ >~g 0 !!l~--I $ $Oili g z>", l:: "0> g ~3~ ~ Or- ", zZz Z 8..", :-' ';!;o n.., x --..-- T-----oo r--. .~, I ,t", I "'~:... ,,#>... ~ J ,~ I 'I',t I '',t ~ -..-.-.t---..-.._oo_-. ll.~ '\~'7~ 'I',t I _.J ~ _ '_00_-1.__.___ --'--.'_00- ~ :;z: __ lJl IT! o ::I o z 6~ O' !~~ ~~:.. I::~ >!" -0 :tJ G) f'1 i i ~ ~ ~ I too Cv i Q : a ~ i ~ la ti1 ~ Z "TI m !!J en o o v. o en o NOl PRELIMINARY Sub ject to revisibr without notice. l:::!;!!o~>enz >B::m . ~>"'_"O~o -'" i:jI::x2~22 mO~ Om'" "'ii1 ~~- m"':!l!;!!B:: C ;u"'Z ~~ob!!l 1"11 zQ~ I:> -<~c>2'l::: ~ ~&l"''''z > c~~Fc;u~ c>'" U) ~!:!~ 0 !:lca [;!O o mB::"'''' ii1 a~"'~(Io N89'33'06"E 107.:56 ~z~",,,,gen 10 I"I1AJ o z_~ z"'m en ozen;::! o;u> Z~ ~:rxz"';u oOen 2 2~:E~~ ZXf'1"U~a~ ~~a x>OJ;;- uJ~ C_"O~>Ir- Z 5i.~~;r-!l! "'00 0 ",~xl:lz '" C> ~3z :ii ~~~o~ -L~1"I1 ~Z;-l:Er-gi !"2x 0 "'2ox~ r-- - fT1~ - _2enxr-~ ~::: z .... ~~~zm2~ B:: . "'~~> ~O ",2B::2~:'> 2~ 2 ena:!iiz ,., I c c-~o oc i::2","'~~ l::: zZ ~E I"',, Vic '" ~zz~ ~~~~~ i'n~ Z "2c.. 10 J- / - ;-l CIIOQ ~~ Y t.I 3I:z>ii1 eno o;a>~ '2liil;u en c.., x!:lat5 l::: c iil ae PI~" en W 06 ~ ~~ ... ~ 0 ~.., ~ III 2 I ~ I ~ I ... I I ~ I . I '" I L , ~ \ \ ~- \ .. \ .... ... \ \ ~ \ \ !!l - o -, t I C::"', :;jt:/ g"'I . I j"tt:!!.~.f.Il!!.. _ J ~ - 0 0,.., 0 I' r rrl 0 z ;0 (f) ", rrl -I rrl CD ^ rrl (f) -I )> --I rrl (f) ~0.t61 U) .... CD n.tLI \ r- \ \ , \ \ \ \ \ I Q) \ \ , \ I U) \ \ L _1!!928:!4:!i _ _ _16.S.S8 \ \ \ \""'\ \ , , ,--' 1'.... I _ ~9~'44'E , 202.80 , (.' I , r I .... UI j!ll I , , , 81 I I I 1 Ij!l \""'\ i!1 ~ I 1 18 ,-' 1'.... I 280.74 .J (.'- !ill I I I ....0 I ~ I -, 1 I I lll!!58' 44'E , ..r I L' 198.87 ..J I 7 I I l!1 --, I 1./ ".- I .... I I ,,--1 81 I :g I I - , f- II f .t I .. jl:/ .. - , 269.80 J iii 01 , 7 I I I ".- I 1".- I , ,,--1 I _ ~928:!4.} _ _ 194082 .J I f- I I t.I -, I I I Z I ~ \ I "! ' 188.St3 I l:l \ .. I i \ II.) I I , I ;; I I I ~"" J --N89'31'27"E II.) S89'31'2S.W 247.27 444,95 I<l o ::l 2 I-~~- ~~-l I ,~ r--=-----~~~ II V~~I - ':::"-,7/.... I! , I~.. --.-.-..---.-- --.--.-.-.--' ::z:: -- 6~ O' li~~ ~2, !I::: >"~ 'U ;:u ~ I\) o ~ Ul r N89'S8' 44"E 62.45 ..*,.. *lD1Iit . ::t - * ..1130.. ,..5 z. 11m 11m "JD ::t 113 i i ~ ~ I GJli " ;1 NOl PRELIMINARY Subject to revision' without notice. OUTlOT B 2l!O,117 SF 9 2 20,242 SF ......- ./ ./ ./ . ./ ./ ./ 14.7718 OUTLOT F 284,323 SF 15.333 SF 6 l- n::: ::> 0 u 111,184 SF 5 I- Z 0 4 23,874 SF :!E ::> Q 21.382 SF 3 111.088 SF 1 0 11 18,705 SF 19,354 SF 12 UTLOT G 1.803 SF 1 OUTLOT A $45.653 SF 35,102 SF -I -1-1 -t mm 0000 rr ~ ~ ~ ~ gg r r r r ^^ ~a!gb 1\3~ m~r='-to' )>""o)>P';f'o H b-l~ ~~ ...,,)>)> ~Ul P l::u "-'~ ~~~.!!.)>i'; fJl-< II ;-' g::u .0 mm )>)>1\3"-' UlUl O::U"-'OI ;omi.,,110 m)>~)> UlII~g !'>)>m ""OUl Ul::u "'m OUl )> o ;0 m Ul )> ::0 rTJ )> (/) C s:: s:: )> ::0 -< ~ - o o r JTl )> :::0 rrJ )> (/) ^ rrJ ., o I () :::0 JTl fT1 ^ fT1 (f) -i )> -i fT1 (f) I I I , A~~ti3 ~OAD IO~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, City Administrator1.. \ Lee Smick, AICP, Planning Coordinator Kevin Carroll, Community Development Director TO: SUBJECT: Request for Refund of Appeal Fee DATE: April 1, 2002 INTRODUCTIONIDISCUSSION During the summer of200l, the owners of the car wash located to the east of the home of Mr. Fred Conlan (9 - 7th Street) replaced a damaged fence located between the car wash and the Conlan property. City staff members reviewed and approved the fence in August of 200 1. At some point subsequent thereto, Mr. Conlan complained to City staff that the new fence did not adequately screen his home from car lights, and that the fence was therefore in violation of a conditional use permit that had been issued to the prior owners of the car wash in 1965. City staff members investigated Mr. Conlan's complaint, researched the history of the 1965 conditional use permit, and then concluded that the new fence was in compliance with the provisions of the conditional use permit. Mr. Conlan was notified of this decision by a letter from staff dated February 6, 2002. Mr. Conlan subsequently provided City staff with a letter dated February 12, 2002, in which he indicated his desire to appeal the staff decision regarding the fence. At the request of City staff, Mr. Conlan paid the $150 appeal fee specified in the City's 2002 fee schedule. Mr. Conlan's appeal was heard by the Board of Adjustment (i.e., Planning Commission) on March 12,2002. The Board of Adjustment upheld Mr. Conlan's appeal, by essentially determining that the "gaps" in the new car wash fence allowed car lights to shine through to Mr. Conlan's property. The owners of the car wash were advised that they had the right to appeal the decision of the Board of Adjustment, but they have elected not to do so. They have indicated that they will rebuild or otherwise modify the fence. Mr. Conlan has indicated throughout the appeal process that he should not have been required to pay an appeal fee. He was advised that the City Council would address that issue when the appeal had been concluded. Now that the appeal process has run its course, Mr. Conlan is requesting that the $150 appeal fee be refunded to him. Section 2-4-2 ofthe City Code provides that the Board of Adjustment"... shall have the power to hear and decide appeals from any order, requirement, decision, grant or refusal made by the Zoning Officer in the administration of the Zoning Title of this Code." In this instance, it is clear that Mr. Conlan's appeal dealt with the decision by the Zoning Officer [Planning Coordinator] that the new car wash fence complied with the requirements of the Zoning Code and/or the conditional use permit that was granted in 1965 in accordance with the Zoning Code. 53c::? Section 2-4-2 of the City Code further provides that "[t]he fee to be charged for any appeal or proceeding filed with the Board [of Adjustment] shall be such as is determined by proper action of the City Council." Resolution No. 110-01, which was approved by the City Council on December 17, 2001, established 2002 charges and fees for licenses and permits. Under the Special Permits section of that Resolution, a fee of $150 was established for any "Appeal of Zoning Decision." The appeal fee that Mr. Conlan paid was requested by City staff in accordance with the aforementioned provisions of the City Code and the requirements of a properly adopted City Council fee schedule. The appeal fee is intended to cover at least a portion of the costs (staff time, legal consultant, etc.) that the City incurs in connection with an appeal. If no appeal fee is charged or collected, all of the taxpayers of the City essentially "foot the bill" for the entire cost of handling an appeal that directly affects only one aggrieved property owner. ACTION REOUESTED Deny Mr. Conlan's request for a refund ofthe $150 appeal fee that he paid in connection with his appeal of the Zoning Officer's decision regarding the car wash fence. // Resp~~lI{Submitted, /"1 -1 . .' / -1 /? / / / ! //1~/~~/ ke~in Carroll, cL~unity Development Director n I~.'.'.'" ,. . ,.,./ ?./..../ .. I ../ /t k/ ",,__>_~__V '-~ \\ Lee Smick, AICP, Planning Coordinator cc: Fred Conlan, 9 _7th Street 533 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us February 6, 2002 Mr. Fred Conlan 9 - 7th Street Farmington, MN 55024 RE: Car Wash Fence Dear Mr. Conlan: Staff has reviewed your complaint concerning the car wash fence abutting your rear property line. As you are aware, the fence was required contingent to the approval of a conditional use permit allowing the operation of a car wash in 1965. The attached resolution stated that "the applicant erect a suitable fence...to screen the adjoining premises from car lights." Staff reviewed the fence in August 2001 when the original fence was replaced with the one currently in existence. At that time, staff made the determination that the newly erected fence met the "suitable fence" requirements. Upon further review of the fence in recent weeks, staff concludes that the current fence meets the conditional use permit's conditions. Additionally, the width of the fence for noise buffering purposes was not required or intended in the contingencies of the conditional use permit. As shown in the attached minutes, the Council reserved the right to restrict the car wash operation to closing at midnight in the event loitering or vandalism problems were evident. As a landowner, you have the option to install a fence or plant material on your property as you feel appropriate to further increase the screening from the adjacent land use. If you do not agree with the decision of the Farmington City staff, you may appeal this decision to the Board of Adjustment and Appeals (Planning Commission). The request for an appeal needs to be submitted in writing by February 22, 2002 in order to be scheduled for the March 12,2002 Planning Commission meeting. There is a $150 charge for the appeal review, however, as you are aware, I am looking into the possibility of having that fee waived. If you have additional questions, please do not hesitate to call me at 651-463-1820. ~~ Lee Smick, AICP Planning Coordinator cc: Nat Svela, 512 6th Street Mayor Ristow Kevin Carroll, Community Development Director Joel Jamnik, City Attorney S3C/ -r: (~e:O G/l/(~f'/ 4It5( to A/h-L 1-lF ~^7 of --r l& 9f+FT 6(" -rh E C I/-Z vMi... r ;e:r/c.~ I 9-7~ . '>- . f/1-~~~~:;;~ ( 5 ! -tf63 - ';);?-C:z ;) --I ;2-02 5'.35 * ,,-~ 2-4-1 2-4-2 CHAPTER 4 ZONING BOARD OF ADJUSTMENT SECTION: 2-4-1 : 2-4-2: 2-4-3: Board Established Appeals, Fees Appeals To City Council 2-4-1: BOARD ESTABLISHED: In accordance with law, the Council shall appoint and organize a Board of Adjustment, which Board may adopt rules to govern its procedure. The Board shall hold meetings, keep minutes and, pursuant to notice, shall conduct hearings, take testimony under oath and render decision in writing forty five (45) days after hearing or continued hearing. The composition, membership, officers and terms of office shall be identical to that of the Planning Commission and appointment to the Planning Commission carries with it and on the same basis membership on the Board. (Ord. 075-26, 12-15-1975) Copies of application for variances and special exceptions within the flood plain districts shall be submitted to the Commissioner of Natural Resources ten (10) days prior to public hearings and copies of all decisions granting variances and special exceptions in these areas shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. (Ord. 075-22,12-1-1975) 2-4-2: APPEALS, FEES: The Board shall have the power to hear and decide appeals from any order, requirement, decision, grant or refusal made by the Zoning Officer in the administration of the Zoning Title of this Code. The fee to be charged for any appeal or proceeding filed with the Board shall be such as is determined by proper action of the City Council. (Ord. 075-26, 12-15-1975) City of Farmington 398 S-3~ 2-4-3 2-4-3 2-4-3: APPEALS TO CITY COUNCIL: A party may appeal a ..--A-7 decision of the Zoning Board of Adjustment when issues of ~ fact, procedure or other finding made by the Board are in dispute. Appeals must be filed with the City within ten (10) days of the final decision of the Board of Adjustment. .~ } Building permits shall not be issued after an appeal has been filed with the Planning Department. If permits have been issued before an appeal has been filed, then the permits are suspended and construction and/or usage shall cease until the City Council has made a final determination of the appeal. The City Council shall conduct a hearing within sixty (60) days after the receipt by City staff of the appeal from an action by the Board of Adjustment. As provided in subsection 10-8-6(0) of this Code, notice of the hearing shall be mailed to property owners adjacent to the subject property disregarding public rights of way. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. A fee to be established by resolution of the City Council shall be paid by the ~ appellant at the time the notice of appeal is filed. (Ord. 097-393, 4-7-1997) -r ../ ; l 398 City of Farmington 5'3/ 10-8-2 10-8-5 (B) Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged; or (C) Change the use of a structure or land to a different use; or (D) Change a nonconforming use. 10-8-3: BOARD OF ADJUSTMENT: The Planning Commission shall act as the Zoning Board of Adjustment with identical composition, membership, officers and terms of office, with the following duties: (A) Hear, review and authorize variances from the requirements of this Title and to attach such conditions to the variance as it deems necessary to assure com- pliance with the purpose of this Title. (B) Hear and review all applications for conditional use permits provided for within this Title and grant approval based upon the criteria and provisions listed. (C) Hear and review all applications to change lawful nonconforming uses. (0) Submit copies of applications for variances and special exceptions within the flood plain districts to the Commissioner of Natural Resources ten (10) days prior to public hearings and forward copies of all decisions granting variances and special exceptions in these areas to the Commissioner of Natural Resources within ten (10) days of such action. 10-8-4: APPEALS: An appeal from a ruling of the Zoning Officer may be taken by the property owner or agent within thirty (30) days after the order utilizing the following procedure: (A) The property owner or agent shall file with the Zoning Officer a notice of ap- peal stating the specific grounds upon which the appeal is made. (B) The Zoning Officer shall transmit the appeal to the Board of Adjustment for study and recommendation at its next regular meeting. (C) The Board of Adjustment shall make its decision within sixty (60) days and a copy of the motion shall be mailed to the applicant by the Zoning Officer. 10-8-5: CON0lT10NAL USES: Conditional uses, as specified within each Zon- ing District, may be allowed or denied by the Board of Adjustment in accordance with the criteria and provisions listed herein: (A) Applications for conditional uses shall be filed with the Zoning Officer and shall be accompanied by: 1. An application fee in an amount equal to that set by the City Council. 688 53'1r ~H_ ---/ RESOLUTION NofillO-Ol ',,- "",--.----. ! / ESTABLISHING 2002 CHARGES AND FEES FOR LICENSES AND PERMITS Pursuant to due call and notice thereof, a regular meeting of the CiJy Council of the ~~;~-;;~ngton, Minnesota was held in the Council Chambers of said City on the/17th day of December, 2001!lt 7:00 p.m. \ The following members were present: Ristow, Cordes, Soderberg~Sttachan; Verch ... The following members were absent: None Member Soderberg introduced and Member Cordes ~econded the following resolution: WHEREAS, the City Council of the City of Farmington has by various authorities the right to establish certain fees and licenses and permits; and, WHEREAS, the City Council has determined that various licenses and permit fees should be established. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington that the following schedule of fees be adopted and put into full force and effect, effective January 1, 2002. License Enforcement Service Charge Late Registration Fee AMOUNT $8/yr/dog neutered or spayed $15/yr/dog not neutered or spayed $25 per dog $2,00 LICENSE" GENERAL Animal License Note: Pursuant to Ordinance 6-2-16 the owner shall pay an additional $25 as appropriate for 3rd dog and an additional $50 for 4th dog. Cigarette/Tobacco Sales Reinstatement after Revocation $15 per location and $15 per machine Annual - $50 1 st machine, $20 ea. additional $150 Initial Investigation ApplicationlRenewal - $100/yr $100 plus Administrative Time per Fee Schedule $300/year Amusement Machines Billiard Parlor Dog Kennel (3 or more dogs) Exception - New residents - see note under animal licensing above. Exhibition, Temp. Outdoor $15/occasion Fireworks - Community Event Gambling License Premise Permit Investigation Fee Gambling Event $10/year $10 Explosives, Sale & Storage $50 $50 $50 539 Filling * Landfills, Sludge Ash, Incinerator Ash, .etc. 0-1000 cu yd. 1000-25,000 25,001-50,000 50,001-250,000 250,000+ (Grading Plans required + Staff Review Time) $75 + staff time $50 $150 $300 $500 * $1,000 * I Initial - $150,000 Renewal - $60,000/yr + $30/ton Rezoning, Admin. Fee Sign Permit, Review Plans $300 I. Estimated Value To $500 $20.00 500.01-1000 30.00 1000.01-2500 60.00 Over 2500 80.00 2. Signs which need a conditional use permit must pay both the established sign permit fee, plus the conditional use permit fee. Street/Curb Breaking Min. $350 surety + $65 inspection fee $100/ staff time xl.25 Subdivision Waiver, Adm. Fee Legal and Engineering Costs Telecommunications, Review Plans $65 $200 .. ,.,-,., ....".....-......$TS'o'. $200 $65 .,..~. .....,......... ... V arianc~.R~q~est "".~ -"~.-...~',.,,.~".,.... - ' , ."."........-..."..-., , "...~.._''':':,:~~,~::::,~..." (,.- Appeal of Zoning Decision '""" - .. - '. -" ,. '.- , , .. ..... .. " "" ..._~~...,.........~.,.,_._,- 'YacatlonofPublic RIW Fee Utility Const. Permit Fee, Review Plans (Telephone, gas, cable, electric, etc.) Wetland Alteration Permit * $250 + consultant review time Legal and Engineering Costs Wetland Buffer Sign x1.25 Zoning Certificate, Verification of Zoning * - A Conditional Use Permit is Required $10 $25 PERMITS - Buildin2 AMOUNT Buildinf! Permit Current Uniform Building Code $2,000 Single Family Residential Lot surety for all buildings to be refunded after issuance of final C.O. . _s Built Certificate Of Survey, Turf Establishment 3 seta ;V. .,' .; .? '~(i'/,. . ....:/ :;,: .' "..J<l<?t.t;;;:;z , C 0 U N T Y ~ /od Assessing Services William H. Peterson County Assessor March 19, 2002 Dakota County Administration Center 1590 Highway 55 Hastings, Minnesota 55033 TO: CITY ADMINISTRATORS AND TOWNSHIP CLERKS WILLIAM PETERSON, COUNTY ASSESSOR' 2002 ASSESSMENT, OPEN BOOK MEETING INFORMA nON 651.438.4200 Fax 651.438.4469 www.co.dakota.mn.us FROM: RE: Enclosed for your information is a listing of the number of citizens from each community who attended our recently completed '2002 Open Book Meetings'. The 2001 attendance is included on the report for companson purposes. Most of you have transferred your Local Board of Appeal and Equalization duties to the Special County Board of Appeal and Equalization. When your community leaders made that decision, I assured them we would continue to respond to your taxpayers in an open, timely and sincere manner to address their questions and concerns regarding values and classification. Each year nearly 700 people meet with Assessing Services staff at our Open Book Meetings and many more call us to discuss their newly established market value. Each year our staff conducts about 200 individual property reviews to make sure our information is accurate and we correct our assessment as warranted. By responding to taxpayers as quickly as possible, the number of people attending the remaining Local Board meetings has typically been decreasing each year as well. We also have added information to our web site (www.co.dakota.mn.us) and property owners and officials alike are able to review values, taxes, sales etc. to gain the assurance they are being treated fairly. Please feel free to contact me at any time if you have questions or suggestions on how we can provide better service to you and your taxpayers. Enclosure Cc: Brandt Richardson, County Administrator o Printed on recycled paper with 30% post-consumer wasle. AN EOUAL OPPORTUNITY EMPLOYER 5l/1 OPEN BOOK ATTENDANCE 2001 2002 Apple Valley 119 105 Burnsville 79 85 Castle Rock 1 3- Coates 1 1 Douglas 1 1 Eagan 121 96 Empire 1 2- Eureka S. ~ Farmington 12 23 Greenvale 1 1 Hampton City !! !! Hampton Township 1 1 Hastings 26 27 Inver Grove Heights 67 61 Lakeville 86 66 Lilydale 1 D Marshan 2- ~ Mendota Heights 27 29 Mendota !! 1 Miesville !! !! New Trier !l !l Nininger 3- ;1 Northfield 1 1 Randolph Township 1 2- Randolph City !l 2- Ravenna S. ~ Rosemount, 41 37 Sciota !! 1 South S1. Paul 49 44 Sunfish Lake ;1 !! Vermillion Township 2- 2- Vermillion City 1 !! Waterford !! ;1 West St. Paul 30 38 Attendance TOTALS TOTALS I 687 657 s~O?