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HomeMy WebLinkAbout03.04.02 Council Packet City of Fanning ton 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 March 4, 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 I. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/19/02 Regular) (2/20/02 Special) b) Adopt Resolution - Private Development Project Closeouts - Engineering c) Senior Center Key Deposit - Parks and Recreation d) Set Public Hearing - Liquor License - Administration e) Approve Consulting Services Fiber Optics to Fire Station - Finance t) Adopt Resolution - Request from Chamber of Commerce - Defer Action of No Smoking in Restaurants and Bars - Administration g) Adopt Resolution - Accept Donation Cataract Fire Relief Association - Finance h) Approve Bills Approved RI4-02; RI5-02; R16-02 Approved March 18, 2002 Approved R17-02 RIB-02 Approved 8. PUBLIC HEARINGS a) Consider Resolution - Elm Street Easement Vacation - Community Development b) Consider Resolution - 2002 Sealcoat Project - Engineering RJ9-02 R2a.02 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Vermillion Grove 2nd Additional Development Contract - Engineering b) St. Michael's Church Property - Administration R2J.02 Continued to 3/18102 ,.;.-----. 11. UNFINISHED BUSINESS a) Set Workshop Date - Ash Street Project - Engineering 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN .~ City of Fanning ton 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 March 4, 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 '. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/19/02 Regular) (2/20/02 Special) b) Adopt Resolution - Private Development Project Closeouts - Engineering C) Senior Center Key Deposit - Parks and Recreation d) Set Public Hearing - Liquor License - Administration e) Approve Consulting Services Fiber Optics to Fire Station - Finance f) Adopt Resolution - Request from Chamber of Commerce - Defer Action of No Smoking in Restaurants and Bars - Administration g) Adopt Resolution - Accept Donation Cataract Fire Relief Association - Finance h) Approve Bills 8. PUBLIC HEARINGS a) Consider Resolution... Elm Street Easement Vacation - Community Development b) Consider Resolution - 2002 Sealcoat Project - Engineering 9. AWARDOFCONTRACT '0. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Vermillion Grove 2nd Additional Development Contract - Engineering b) St. Michael's Church Property - Administration Action Taken Pages 297-307 Pages 308-311 Page 312 Pages 313-314 Page 315 Pages 316-337 Pages 338-339 Page 340 Pages 341-344 Pages 345-347 Pages 348-362 Pages 363-368 11. UNFINISHED BUSINESS a) Set Workshop Date - Ash Street Project - Engineering Page 369 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN I! Chris Behringer Bonestroo, Rosene, Anderlik & Associates 2335 West Highway 36 Saint Paul, MN 55113 2/27/2002 ,"UNNESOTA CHAPTER (MASUI Dear Chris, ~-; \".,\RKET 'iTREET It is my pleasure to inform you that this year's awards jury has selected your project, City of Farmington Downtown Streetscape Plan, to receive a Merit Award for Public Landscape Design. Many great projects were submitted this year. Congratulations to everyone who helped to make this an award-winning project! Thank you for your dedication to the project and to the field of Landscape Architecture. AMER/O,N SOCIETY OF LANDSCAPE ARCH/nas 'll':'. ) )tLi):",q;- You will be receiving information related to the presentation boards for display at the Banquet. I look forward to presenting the project at this year's Awards Banquet. which will be held at the historic Milwaukee Road Depot on April 12th. If you have any questions, please don't hesitate to contact me. 'L ITE 3-1 \II"E \1'()L1~ \II;o..,;o..,E'oCrA ;3-11)3 F ~ '\ _~ la- -')11 J Regards. A.~~ Andrew Caddock Director of Banquet and Awards Minnesota ASLA Phone: 651-222-5754 ext 5 FAX: 651-222-1017 e-mail: acaddock@c1oselandarch.com ~ COUNCIL MINUTES REGULAR February 19, 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, Soderberg, Strachan, Verch Cordes Matt Brokl, Acting City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Lee Mann, Director of Public Works/City Engineer; Karen Finstuen, Administrative Services Manager; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant J. Michael Noonan, Marianne Feeley, Fred Conlan, Michelle Leonard, Jon Einess, Rudy Garcia, Ryan Bernhagen, Clare Bernhagen, Christy Fogarty, Loren Gordon, Larry White 4. APPROYEAGENDA Councilmember Verch pulled item 7a) Council Minutes 2/4/02 Regular so he could abstain from voting as he was absent from that meeting. Councilmember Soderberg pulled item 7c) Approve Joint Powers Agreement ISD 192 for discussion. MOTION by Verch, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Present Skate Park Grant - Ryan Bernhagen and Adam Garcia Students from the Farmington School District have been trying to raise funds for a skate park. The students, with City and Project Northland help, applied for a grant from Dakota County. Ryan Bernhagen and Adam Garcia presented $2500 to the Council for a skate park. The grant will be used for instructional training and materials, signage and safety items. Ms. Marianne Feely, Project Northland, commended the students for their good work. b) Introduce New Employee - Parks and Recreation Ms. Patti Norman was introduced as the new Parks and Recreation Supervisor effective February 19, 2002. c;(Cf"? Council Minutes (Regular) February 19, 2002 Page 2 6. CITIZEN COMMENTS Mr. Fred Conlan, 97th Street, has a concern with the fence installed between his property and the car wash on Hwy 3. The original fence, built in 1965, was 8 feet, 4 inches high and constructed with double boards to cover any gaps in the fence. The fence deteriorated, and in the summer of2001, the car wash owner tore the fence down. Mr. Conlan asked the owner to install a fence similar to the old one and was told he would have to share in the cost. Mr. Conlan notified the City that the new fence was not suitable due to the shorter height and gaps between the boards, which allows car lights to shine through the fence. This is in violation of the original resolution granting a permit. He was advised by staff that the current fence is suitable according to the code. In 1965 a fence of 8 feet 4 inches in height with double boards would be suitable. Now only a single set of boards, with gaps and shorter than before is suitable. Mr. Conlan feels this fence does not fall under the 1999 code, but is subject to its original nonconforming use permit. Staff will respond. Mr. Conlan asked that a time limit be set ifhe has to repair the fence. Mr. Brokl, Acting City Attorney, stated Mr. Conlan has filed an appeal of the zoning decision that has previously been made by the zoning administrator. That hearing is pending. Mr. Conlan has not paid the $150 application fee for the appeal. Attorney Brokl stated Mr. Conlan had a question regarding the fee. The Council is not the body to decide at this point if there is any merit to the claim. The body to go to at this point is the Planning Commission. There is a process for it to come to Council, but Mr. Conlan has to follow that procedure. In order to have that hearing, Mr. Conlan would have to pay the $150 fee. Mayor Ristow stated if the fence meets the ordinance, why pay the $150? There must be 100% screening between commercial and residential property. Attorney Brokl stated staff and the zoning official have approved the fence. Therefore this is an appeal to staffs interpretation of the ordinance. If we did not charge the fee, citizens could come before the Council on all types of situations. Council could reduce the fee or waive it, or revisit it after the hearing. The prerequisite to the hearing is the $150 fee. Mr. Conlan would have to pay the fee, the issue would go to the Planning Commission, and then request the fee be refunded. Mr. Conlan went to the Planning Commission and was told it would have to be addressed in March. He asked if we are going by 1965 standards or 1999 standards for installing the fence. Mayor Ristow recommended the request go to the Planning Commission, and if necessary come back to Council regarding refunding the fee. Community Development Director Carroll stated there are two different types of appeals involved. The first is the appeal from the zoning officer's decision to the Planning Commission. The provision that deals with the fees for an appeal from the Planning Commission to the Council references the fee resolution. In an appeal from the zoning official to the board of adjustment, the language says the fee to be charged shall be determined by the Council. He suggested Council make a final decision on waiving the fee. The fee covers the entire process including notifying residents and a notice in the paper. Mr. Conlan agreed with following the procedure. J. qet Council Minutes (Regular) February 19, 2002 Page 3 7. CONSENT AGENDA MOTION by Soderberg, second by Strachan approving Council Minutes (2/4/02 Regular). Voting for: Ristow, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. 7c) Approve Joint Powers Agreement ISD 192 - Police Department Councilmember Soderberg did not recall this item being in the budget. Finance Director Roland stated this item appears as $20,000 coming out of the capital acquisition fund, and $10,000 coming out of the water utility fund. The Phonemaster system was discussed at a Council workshop. The School District actually has the system. The phone system has the capability to dial out to the entire City notifying residents of a particular situation. For example, the Water Board could notify residents in case of an emergency situation with a water shortage. MOTION by Soderberg, second by Verch approving the Joint Powers Agreement ISD 192. APIF, MOTION CARRIED. MOTION by Soderberg, second by Verch to approve the Consent Agenda as follows: b) Approved Traffic Control - Various Locations - Engineering d) Received Information Capital Outlay - Engineering e) Received Information Capital Outlay - Fire Department t) Adopted RESOLUTION R09-02 Approving Clerical, Technical, Professional Contract - Administration g) Adopted RESOLUTION RI0-02 Approving Maintenance Contract- Administration h) Adopted RESOLUTION Rll-02 Approving Gambling Event Permit- Administration i) Approved Appointment Recommendation Fire Department - Administration j) Received Information School and Conference - Administration k) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Vermillion Grove 2nd Addition Final Plat - Community Development . The Vermillion Grove 2nd Addition is located south of I 95th Street and west of Akin Road and is zoned R-3 PUD - High Density Residential Planned Unit Development. The plat consists of 41 single family lots, 76 gardens/garden townhomes, and 88 villa townhomes. Property owned by Mr. Dale Pettis abuts the Vermillion Grove plat. Mr. Pettis requested splittin! his property and asked if his plat could be included with the Vermillion Grove 2" Addition plat. There is a piece of property that will be conveyed to Mr. Pettis as his shed exists on the Rottlund property and a new driveway for Mr. Pettis will exist on the property. There has been a change resulting in removing the Pettis property from the plat. c:1'9"7 Council Minutes (Regular) February 19, 2002 Page 4 During the title search it was discovered there is a gap of .14 inches between the Pettis property and the Vermillion Grove property. In order to make clear title, the Pettis property had to be removed until a title claim could be done. The driveway for Mr. Pettis will still be installed. One access from the 2nd Addition on 198th Street will connect with Akin Road to the east. Roadways with the villas and gardens will be private streets and will be maintained by a homeowners association. The Parks and Recreation Commission has approved a park on the peninsula between the wetland areas. A sidewalk is proposed along the north side of 198th Street from English Avenue to Akin Road. The developer has agreed to the installation of a sanitary sewer line routed along the shared property line of the four properties that front Akin Road and Vermillion Grove 2nd Addition. The developer has also prepared a revised landscape plan showing additional landscaping along the shared property line to increase the screen between the existing single-family property that front Akin Road and the Vermillion Grove development. Mr. Michael Noonan, Rottlund Homes, appreciated Council's consideration for the amended plat. The County would not record the plat with a .14 inch gap. The deletion of the Pettis property has been discussed with Mr. Pettis and he understood the situation and did not want to delay the Vermillion Grove plat. They hope to finish grading and install utilities in the spring. There is an agreement between Rottlund and Mr. Pettis regarding exchanging a piece of land to allow for driveway access to 198th Street for Mr. Pettis. MOTION by Soderberg, second by Verch adopting RESOLUTION R12-02 approving the Vermillion Grove 2nd Additional Final Plat contingent on Engineering Division comments. APIF, MOTION CARRIED. b) Consider Resolution - Approve PUD Schwiness Commercial Project- Community Development Mr. Jon Einess, Schwiness, LLC is seeking approval of a final PUD agreement to construct two retail commercial buildings on Lots 3 and 4, Block 1, Dakota County Estates 9th Addition. The proposed buildings would contain 4 to 6 tenants in each building. Allowed uses include: Retail facilities Restaurants and fast food restaurants that are not free standing, and that do not have a drive through lane Coffee shops Health club Offices Personal and professional services Personal health and beauty services Animal clinics Convenience store, without gas Automobile service and repair Clinics 300 Council Minutes (Regular) February 19, 2002 Page 5 The retail site has been designed so that the two buildings would be facing each other instead of facing Pilot Knob Road. Access will be limited to English A venue with no access permitted from Pilot Knob Road. The developer is proposing two pylon signs, each 26 feet high. The Planning Commission did discuss the possibility of erecting monument signage in place of pylon signs. The Commission decided that the pylons would be more appropriate for the site as the elevation of the property is below the grade level of the roadway. Following are modifications to the minimum requirements of the City Code: 1. The parking lot setback of 8 feet is acceptable as measured from the Pilot Knob Road right-of-way easement, instead of the minimum 10 foot required setback. 2. The front yard setback for the 2 pylon signs to be located at 10 feet is acceptable as measured from the Pilot Knob Road right-of-way easement, instead of the minimum 50 foot required setback. Councilmember Soderberg stated the one thing that does concern him is the lack of commitment to install the fire suppression system. When the code was repealed he understood Council would encourage the installation of sprinkler systems in new construction. It was repealed because of the burden it placed on existing buildings. Mr. Jon Einess stated this is an expensive building. He cannot get the same rents here as in other areas. He has gone out for bids on sprinkler systems. There is only a certain type of tenant that can afford the rent. He cannot commit to the cost of a fire suppression system at this time. Councilmember Soderberg stated he would strongly encourage the installation of a sprinkler system, but otherwise it is a wonderful addition. Councilmember Verch suggested Mr. Einess check on the reduction for insurance with the installation of a sprinkler system. Mr. Einess stated they have reviewed that, but he needs to keep the cost of rent down. MOTION by Soderberg, second by Strachan adopting RESOLUTION R13-02 approving the Final Planned Unit Development Agreement for Lots 3 and 4, Block 1, Dakota County Estates 9th Addition with the above noted modifications. APIF, MOTION CARRIED. c) Council Photograph and Individual Photos - Administration A photograph session has been scheduling during the Council workshop of February 20, 2002. Photos of the Council will be displayed on the City's web site and in City Hall. 11. UNFINISHED BUSINESS ..-,..--- ..3 (!!) I Council Minutes (Regular) February 19, 2002 Page 6 12. NEW BUSINESS a) Zoning Code Update - Community Development Ordinance amendments to the City's Zoning and Subdivision Code began in October 2001. Mr. Loren Gorden, Hoisington Koegler Group, Inc., gave an overview of the amendments for Titles 10 and 11 of the City Code. The purpose of the amendments is carry out the comprehensive plan and to revise sections not working well or that are obsolete. Zoning districts were reviewed and how they match with the land use plan. There are 2 zoning classifications for the business park, a business park district and a commercial district. There is an overlay district for the Planned Unit Development and the flood plain district. Districts deleted are ag preserve, mixed code residential, and the conservation district. In terms of plan review, a section for tree preservation has been added. It deals with ways to work around trees or remove portions of stands of trees. Site plan review will have a tiered approach according to the level of the project. Revision of the sign ordinance will be a separate project and will occur later. Revisions to the subdivision code include technical changes, and comments from planning and engineering. MOTION by Strachan, second by Verch adopting ORDINANCES 002-469 and 002-470 approving ordinance amendments for Title 10, Chapters 1-20 of the Farmington City Code - Zoning Ordinance and Title 11, Chapters 1-6 of the Farmington City Code - Subdivision Ordinance. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE 30~ Councilmember Soderberg: He has two issues he would like staff to consider regarding the parking restriction. He noticed Lakeville has a lot of signage from major streets into developments with parking restrictions. He wondered if that could be considered here. Also, there are a number of houses with driveways that are full and cars are parking on the lawns. He would like to consider looking at something such as Apple Valley, when the driveway is full, on-street parking is allowed during prohibited times, except during a snowfall. Councilmember Verch: Asked if the red lights on the stop signs at 19Sth Street and Akin Road can be turned at an angle. The lights are not very bright and the stop signs are far apart. Staff will review the situation. City Administrator Shukle: Council received the 2002 Budget. He thanked the Finance staff for their hard work in putting the document together. Community Development Director Carroll: The Dakota Electric Association will be holding their Partners in Progress Dinner. Staff and Council have received invitations. Council should respond to Dakota Electric or Kevin Carroll. Mayor Ristow: Ms. Tammy Nienaber had some questions from the last meeting regarding East Farmington. Attorney Brokl stated the conversation is between the Council Minutes (Regular) February 19, 2002 Page 7 attorneys at this time. City Engineer Mann stated some documentation has been received from the developer. Documentation should be sent to the association's attorney next week. Mayor Ristow received a letter from the Brimeyer Group regarding the performance evaluation for the City Administrator. Attorney Jamnik has done it in the past. To keep it consistent with the past, Mayor Ristow suggested having Attorney Jamnik handle the process. Council agreed. The tree preservation ordinance continues to be a stumbling block with the new developments. The City needs to take this seriously and look at some type of an ordinance and build from that. He would like a workshop set up with the Tree Trust to see what is set up in other cities. a) Accept Skate Park Check MOTION by Soderberg, second by Verch accepting the skate park check. APIF, MOTION CARRIED. 14. ADJOURN MOTION by Strachan, second by Soderberg to adjourn at 9:22 p.m. APIF, MOTION CARRIED. Respectfully submitted, (!~ . -..L ~-:: /r7 /Y? - ;;;;r'~ ~ Cynthia Muller Executive Assistant 30.,3- Joint CouncillPlanning Commission Workshop Recreational Vehicles Minutes February 20, 2002 1. Call to Order The meeting was called to order at 5:00 p.m. Council Members Present: Ristow, Cordes, Soderberg, Strachan Planning Commission Members Present: Rotty, Heman, Larson, Johnson Also Present: Ed Shukle, Kevin Carroll, Karen Finstuen, Lee Smick, Mike Schultz Audience: Michelle Leonard, Tricia Buckman, Tammy McCabe 2. Approve Agenda MOTION by Cordes, second by Soderberg to approve the agenda. APIF, MOTION CARRIED. 3. Introductory Comments Police Chief Siebenaler, who was not in attendance because he was out of town, provided information that only a handful of complaints about parking of recreational vehicles had been received, most of which were illegally parked in the street. There have been no criminal prosecutions that he was aware of. 4. Overview of Current City Code Provisions and Possible Modifications Lee Smick briefed the Council and the Planning Commission on the existing ordinance regarding parking on City Streets. The type of recreational vehicles discussed, include recreational camping vehicles, boats, snowmobiles, trail bikes and other all terrain vehicles. Any vehicles parked on lots must be parked on a concrete surface or bituminous material. Parking on crushed rock, grass, or dirt is not allowed. The ordinance is enforced on a complaint basis. The zoning ordinance adopted 2/19/02 does not allow vehicles to be parked in the 5 foot utility or drainage easement located along lot lines. Pictures of several violations that existed within the City were reviewed during the workshop. Covenants would typically control some issues, however the developer of one development did not file the covenants. Staff was directed to prepare a proposed code amendment to allow a parking area with bituminous, concrete or decorative rock surface. Without altering drainage or changing grade, bituminous and concrete will be allowed up to 5 feet from the property line. Landscape rock may be placed up to the property line. Class 5 rock or gravel is not acceptable, it must be decorative landscape rock with landscape fabric underneath. The Community Service Officer and Planning will work together on enforcement which will continue to be on a complaint basis only. The code amendment will be presented to both the Planning Commission and City Council for their approval 5. Adjourn The City Council recessed at 6:41 p.m. The Planning Commission adjourned at 6:41 p.m. ~l~~ Karen Finstuen Administrative Services Manager 30':1 City Council Workshop Traffic Calming Methods City Hall Facilities Planning Sanitary Sewer - Vermillion Grove Trail Grant Minutes February 20, 2002 Members Present: Also Present: Ristow, Soderberg, Strachan Shelly Johnson, Ed Shukle, Kevin Carroll, Lee Mann, Karen Finstuen 1. Call to Order The City Council reconvened at 7: 16 p.m. 2. Discussion: Speed Humps / Other Methods Information on past research regarding speed bumps and speed humps was presented. Other cities such as Burnsville and Plymouth were researched. According to Shelly Johnson, Bonestroo Traffic Engineer, speed humps should be 100 - 150 feet away from traffic control devices. Speed bumps are very dangerous. Speed humps should not be on a collector or higher street and there needs to be more than one hump to be effective. Speed humps can be useful in slowing traffic, however traffic tends to slow down when it becomes busier. Speed trailers can be used to help lower speeds. Speed humps will control speed only on the section where they exist. Mr. Johnson recommended the following be considered: 1. You must justify there is a problem. 2. Speed display devices are most effective 3. Costs for installing speed humps can be prohibitive and usually they are removed within a year. 4. If speed humps are installed on one street, many others may be requested. 5. After speed surveys on Embers, it was discovered that 85% of the vehicles were traveling 31 mph or lower. 6. Unmarked squads of an unlikely color with radar equipment are a very good alternative. Safe and sober grant money may be used for a display sign and unmarked squads. Tubed equipment is the most accurate. The cost of one temporary speed hump is approximately $1,000 and a permanent speed hump is nearly $10,000. One speed hump should not be installed, two are needed to be effective. Staff suggested when a neighborhood perceives a problem with speed, there could be an educational effort along with unmarked enforcement. A handheld radar gun is another effective way to identify speeders. 305 Farmington City Hall Facilities Planning Short TermlLong Term This portion of the workshop began at 7:55 p.m. Present: Ristow, Soderberg, Strachan Also Present: Carroll, Finstuen, Mann, Roland, Shukle, Wendlandt City Administrator Shukle gave an overview of the current facilities. Immediate needs - six months to one year Short-term needs - one to five years Long-term needs - five years and beyond Multi-functional building Location Monies required for immediate, short-term and long-term needs Public sentiment towards existing City Hall facility Retain existing location for City Hall Determine size of facility to meet long-term needs Building must be "community friendly" - functional for staff/less institutionalized Possible auxiliary uses of City Hall (meeting spaces for community organizations) City Hall must have visibility (focal point) within community and be easily accessible Scope of City Hall - what should be incorporated into the facility from minor to major items Following are options to be considered: Do nothing to the existing City Hall facility Develop a plan to remodel the police department to accommodate offices and/or storage Develop a plan to enlarge the city council chambers Develop a plan combining the remodeling of the police department and the enlargement of the city council chambers Conduct a feasibility study on the immediate, short and long term needs of the City Hall facility Council thoughts and concerns were as follows: . The financial situation determines when this should be done, there is concern about debt. . Councilmember Soderberg stated Council has decided the downtown is the commercial area and the City Hall should be in that commercial district . If we stay the way we are, what will happen in 5 years . A task force should be established and Council should set the parameters. . A feasibility study could cost in the area of $3000 - $5000. . If we stay in the current location, more land would have to be purchased or the building could be enlarged by adding stories and a parking ramp. . It may be wiser to go out to bare land in the rural areas and have space for parking. . The new police facility is adequate to serve a population of 27,000. The Central Maintenance Facility will be full in much less time. ~ . It is not fiscally responsible to have the money saved before constructing a building, tax payers residing in the city at the time the building is being used should pay. . If a feasibility study is done, are we committed to the downtown? . A feasibility study can show that it is possible to keep it here, and what it will cost. . The task force should be comprised of approximately 12 members plus staff (in an advisory only capacity) and consist of residents, a council member, boards and commission members. . The task force could determine if City Hall should stay in it's present location. . We need to determine the best amount of space for the best amount of time for the best amount of money. . The commercial district is defined as the downtown area and the Spruce Street corridor. . Members stated they are not opposed to the present location. Staff spoke with the architect for the Central Maintenance Facility and they would be willing to give some upfront assistance for a minimal fee and serve in an advisory capacity to the task force. It was agreed a task force should be created and then prepare a feasibility study. The task force could be a continuation of the public facilities task force. Staff should talk to the architect for approximate costs and bring the information back to a Council meeting. Sanitary Sewer - Residents adjacent to Vermillion Grove Council discussed the sanitary sewer installation for four residents adjacent to Vermillion Grove on Akin Road that will run along the rear of resident's lot line. Staff recommended the sewer should run in a straight line to the east of the property line. The residents previously wanted to save the trees which would suggest it should be east of the property line. If placed on the property line, two large trees will be removed along with another stand of trees to the north of the two large oaks. It was Council consensus that it is the property owner's decision where the line be placed and if they do not want the trees, they go down. The developer will not be required to add more trees to his plat to mitigate this decision. Trail Grant - Gaps in existing trail system The DNR has a local trail connection grant program that the City may be eligible for. Engineering will provide areas where residential development has created gaps in the City's trail system. It was consensus of the Council to submit an application for the cost of trails connecting to the City's Public Park system. Motion by Strachan, second by Soderberg to adjourn at 9:30 p.m. Respectfully ~ubmitted, JfRu-~~ Karen Finstuen Administrative Services Manager 30'/ 7J City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: ~~. Mayor, Councilmembers, City Administrator ' FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - East Farmington 3Td, 4th and 5th Additions Project Closeout DATE: March 4, 2002 INTRODUCTION The improvements outlined in the Development Contract for the East Farmington 3Td, 4th and 5th Additions have been substantially completed. DISCUSSION The East Farmington 3rd Addition Development Contract was signed on June 2, 1997 between the City and Sienna Corporation. The completion date for this project was November 1, 1998. The project was substantially completed when minor work order items were addressed during May of 200 1. The East Farmington 4th Addition Development Contract was signed on May 18, 1998 between the City and Sienna Corporation. The completion date for this project was October 31, 1999. The project was substantially completed when minor work order items were addressed during May of 200 1. The East Farmington 5th Addition Development Contract was signed on December 21, 1998 between the City and Sienna Corporation. The completion date for this project was June 1, 1999. The project was substantially completed when minor work order items were addressed during May of 200 1. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolutions accepting the street and utility improvements for East Farmington 3Td, 4th and 5th Additions. Respectfully Submitted, ~m~ Lee M. Mann, P.E" Director of Public Works/City Engineer cc: file 30C? RESOLUTION NO. R -02 ACCEPTING EAST FARMINGTON 3RD ADDITION STREET & UTILITY IMPROVEMENTS CITY PROJECT NO. 97-16 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 4th day of March, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on June 2, 1997, Sienna Corporation of Minnesota has satisfactorily completed the requirements of the developers agreement for East Farmington 3rd Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of March, 2002. Mayor Attested to the day of ,2002. City Administrator SEAL ...309 RESOLUTION NO. R -02 ACCEPTING EAST FARMINGTON 4th ADDITION STREET & UTILITY IMPROVEMENTS CITY PROJECT NO. 98-17 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 4th day of March, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on May18, 1998, Sienna Corporation of Minnesota has satisfactorily completed the requirements of the developers agreement for East Farmington 4th Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of March, 2002. Mayor day of ,2002. Attested to the City Administrator SEAL ...3/0 RESOLUTION NO. R -02 ACCEPTING EAST FARMINGTON 5th ADDITION STREET & UTILITY IMPROVEMENTS 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 4th day of March, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on December 21 S\ 1998, Sienna Corporation of Minnesota has satisfactorily completed the requirements of the developers agreement for East Farmington 5th Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of March, 2002. Mayor Attested to the day of ,2002. City Administrator SEAL ..31/ 7C-, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: ~c Mayor, Councilmembers and City Administrator i FROM: Patti Norman, Recreation Supervisor SUBJECT: Key Deposit at the Senior Center DATE: March 4, 2002 INTRODUCTION All the City facilities, including the Senior Center have been re-keyed. Several groups have a need for access to the Senior Center after open hours, these groups all have checked out keys. DISCUSSION In the past groups have lost keys. Should this happen now the facility would need to be re-keyed to maintain the current level of security. Needing to re-key would involve a variety -of costs. To offset any re-keying fees and to make groups more aware of the responsibility of having a key, a key deposit of $25 is being suggested. This deposit would be returned to renters when keys are returned. BUDGET IMPACT None ACTION REOUESTED Add a key deposit of $25 per key at the Senior Center to the Fees Resolution 2002. Respectfully submitted, QJvtt~ Patti Norman Recreation Supervisor ~ 3,1~ 701 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: Set Public Hearing - Liquor License DATE: March 4, 2002 INTRODUCTION A public hearing is required for establishing a liquor license. DISCUSSION Mr. Ken LaBeau has requested an On-Sale and Sunday Liquor License for Do-Little and See- More Holdings, Inc., located at 313 3rd Street. City ordinance states the request must be reviewed at a Public Hearing. ACTION REOUIRED Set a public hearing for 7:00 p.m., March 18,2002, to review the On-Sale Liquor license application for Do-Little and See-More Holdings, Inc. Respectfully submitted, d)tR<- ~ Karen Finstuen Administrative Services Manager a 1..3 PUBLIC HEARING NOTICE CITY OF FARMINGTON PURPOSE: Reviewing application of On- Sale Liquor, and Sunday Liquor License for Do-Little and See-More Holdings, Inc.. WHEN: Monday, March 18,2002 at 7:00 p.m.; or as soon thereafter as the parties may be heard. All persons desiring to be heard, in person or in writing, will be heard at this time. WHERE: City Council Meeting, City Hall Council Chambers, 325 Oak Street, Farmington, Minnesota. QUESTIONS: Call Karen Finstuen, Administrative Services Manager (651) 463- 1802. DATED: This Sib day of March 2002. /S/: Edward J. Shukle,Jr City Administrator a/V 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~,~ Mayor, Council members, City Administrator I TO: FROM: Robin Roland, Finance Director SUBJECT: Approve Consultant services Fiber Optic Cabling Connection Fire Station - Finance DATE: March 4, 2002 INTRODUCTION Staff has investigated installing fiber optic cable between City Hall and the Fire Station to connect that facility to the Citywide computer network. DISCUSSION The Senior Center and Downtown Liquor Store were connected by fiber optic cable to the Citywide computer network last summer. The Fire Station currently does not have access to the servers, e-mail or the Internet. In order to connect this facility to the network,. hard cabling is necessary. The School District has offered to include the fiber optic cabling between the Fire Station and City Hall in their current cabling project in order that the City might take advantage of reduced installation costs, since the fiber optic they are installing runs along the same route. The cost to the City would be the consultant (A TS&R) to handle the technical specifications, installation requirements, documentation and testing and the actual cost of the installation. The consultant's services would begin immediately and the installation would take place by early May. Staff will bring the costs of the installation to Council when they become available from the School District in late March. BUDGET IMPACT ATS&R has proposed a consulting cost range of $4,860 to $6,750. Funding is available in the Communications fund to cover the cost of the consultant and the installation. ACTION REQUIRED Approve the consultant services for the installation of fiber optic cabling between City Hall and the Fire Station. /d~j Robin Roland Finance Director 3/5 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7+ TO: Mayor and City Council FROM: Ed Shukle City Administrator SUBJECT: Request from Chamber of Commerce - Defer Action of No Smoking in Restaurants and Bars DATE: March 4, 2002 INTRODUCTION We have received the attached request, supplemental materials and proposed resolution asking the Farmington City Council to defer any action on the issue of no smoking in restaurants and bars in the City of Farmington until such time that the state of Minnesota adopts statewide uniform regulations on this issue. DISCUSSION A number of municipalities around the state of Minnesota have taken action adopting a resolution stating that they would take no action on the issue of no smoking in restaurants and bars until the state of Minnesota adopts statewide uniform regulations. The proposed resolution does not state that the city is for or against a ban on smoking in restaurants and bars. Under the resolution, the city would only address the matter when the state has adopted uniform state regulations. BUDGET IMPACT None. ACTION REOUESTED Consider adopting the attached resolution. Respectfully submitted, r>/7 /~f 1/' Cc{/ ~4L/t~,--A:e:L ~ Ed Shukle City Administrator .3/~ RESOLUTION R -02 DEFERING ACTION ON THE ISSUE OF SMOKING IN RESTAURANTS AND BARS UNTIL STATEWIDE REGULATIONS ARE ADOPTED 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 4th day of March, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, smoking ban ordinances have been proposed in various cities throughout the State of Minnesota, and; WHEREAS, those cities that have considered a smoking ban ordinance have spent considerable time and effort, and at great expense, to study the issue and draft ordinances dealing with smoking in restaurants and bars, and; WHEREAS, the debate regarding a local smoking ban ordinance has been very divisive in some of the cities that have considered adopting such an ordinance, and; WHEREAS, the Farmington City Council believes that the issue of smoking in restaurants and bars within the State of Minnesota would best be handled by a State Statute that would have uniform statewide applications, and; WHEREAS, the Farmington City Council believes that it is in the best interest of the City of Farmington that any action on a smoking ban ordinance be deferred until such a time that the State of Minnesota adopts uniform statewide regulations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington will defer any action on the issue of smoking in restaurants and bars until such a time statewide regulations are adopted. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of March, 2002. Mayor Attested to the _ day of 2002. City Administrator SEAL .. .;;:).,,,~ ~'Y\V Spending the Tobacco Money: Smoking ban fights split towns news freetirne - travel. hornezone - cars - shoppillg - workavenue - comnlunitit')s rnetro i region - nation i world - politics - business. sports - variety - opillion _ fun ,'S. games _ tali, metro/region faith & values police/court news lotteries obituaries traffic photos ap news minnesota wisconsin archive stories photo reprints projects Spending the Tobacco Money: Smoking ban fights split towns David Phelps and Deborah Caulfield Rybak Star Tribune Published Nav 192001 Carmen Zezulka flashed a hurried smile, beers in hand, as she rushed to serve thirsty post-round golfers. Two women sidled up to the other end of Zezulka's 25- foot bar, ordered two Budweisers and pulled packs of cigarettes from their purses. Zezulka, 34, bought Carmen's Dry Dock West on the outskirts of Cloquet four years ago and has worked night and day to make the bar and restaurant profitable, The single mother of two young boys had gotten far enough ahead this year to start spending nights at home again with her family, But this fall, something happened to make her financial future suddenly look much more precarious. It isn't war, telTorism or recession. It's a restaurant smoking ban. Places such as Camlen's, a rustic roadhouse that seats 74 for dining, are the new front line of the tobacco wars, One of Carmen's customers, 74-year-old Betty Bothof, said that an aftemoon of cigarettes and conversation at the bar is an integral part of her day. "I've been out for three hours. I go home and I'm contented," Bothof said as she smoked an Eve Ultra Light. "We pay taxes and we should be entitled to freedom, but we're losing it." The American Lung Association, with money from the Minnesota Partnership for Action Against Tobacco eMP AA T), launched a campaign this year to ban smoking in Cloquet's restaurants, The City Council adopted an ordinance in August; it took effect in late September, "I have everything to lose," said Zezulka, who has six months to erecl a wall between the bar and the dining room to keep the dining side smoke- free, Bar patrons will be able to smoke but not eat. http://www.startribune.com/stories/462/826412.html Page 1 of 8 Related i.:l Spend! tobacc - Is tf,l~ court h mind'; lli Email t @ Prinll~ S t :l~:~ r c- f'.'J jNews Find it! Mqre se8n:/: c.3R 11/1(")/(\ 1 Spending the Tobacco Money: Smoking ban fights split towns Similar battles, fought in hopscotch fashion across the state, are the opening moves of an attempt to make Mirmesota smoke-free, one city, or county, at a time, Advocates ofthe bans have alienated business owners, city officials and restaurant patrons. The campaigns have pitted chambers of commerce against city officials, pastors against their congregations, and friends against neighbors, Most have been unsuccessful. Although three cities -- Moose Lake, Duluth and Cloquet -- and Olmsted County have adopted restaurant smoking bans, a dozen cities have rejected the idea, MP AA T and its allies have shown no interest in changing their strategy or tactics, likening their actions to the tough love needed by an addict. MP AAT considers this strategy -- known as "population-based intervention" and intended to eliminate secondhand smoke by forcing people to quit smoking -- the best use for the lion's share of its non- research funds, "Resistance is a natural reaction that comes from the business community, and that comes out of fear," said Pat McKone, a Duluth- based senior director for the American Lung Association of Minnesota, which received $369,000 from MP AA T for the prohibition effort there. "There is huge anxiety over these ordinances, but once it happens, you don't notice it anymore." Duluth voters earlier this month rejected an attempt to repeal the smoking ban after MP AAT poured $49,000 into the hands of smoking- ban supporters in the last month of the referendum campaign to use for advertising and get-out-the-vote efforts. MPAAT Chaim1an Dr, Richard Hmi said Minnesota needs to regain its place as a leader in clean indoor air legislation, "The first Clean Indoor Act passed in Minnesota, and we havcn't done a lot since then," Hmi said. "A lot of other states and a lot of other groups have done a lot more than we have." A matter of survival The Mirmesota Restaurant Association, which represents 2,000 restaurants and cafes, contends that there are other ways to deal with secondhand smoke, including improved ventilation systems. The organization says restaurant owners already are responding to public desire for smoke-free establishments and larger non-smoking sections. "There are a lot of ways to solve this problem," said Tom Day, vice president of govenU11ent affairs for Hospitality Minnesota, an umbrella httn'//~xr ~t~rtrihl1l1f> ('Am/"tA"';""II1I';')/Q,)l';tf 1 ') 1,.~1 Pagc20lS 3JCj Spending the Tobacco Money: Smoking ban fights split towns organization for restaurants, resorts and hotels. "Unfortunately, the [MP AAT] agenda is flat out: 'Let's get rid of cigarettes.' "Don't nickel-and-dime or force a restaurant out of business because 0 f regulations," Day added. "As people smoke less, restaurants will slowly come around and do on their own what [smoking opponents] are trying to do by regulation." For Cannen Zezulka, the issue is one of financial survi val. She estimated that half of her patrons are smokers n North Woods types who stop by for a beer after work or go out on a Saturday night for dinner and cocktails, "If they can't smoke here, it will be easy," said waitress Penny Corcoran, "Scanlon, Carlton and the [Fond du Lac] Indian reservation are just a few miles away." A month after Cloquet's ban went into effect, one of the city's newest restaurants, Grandma's, said its bar business was down by a third, "We have direct evidence of losing literally hundreds of customers (tourists and locals) in the past two weeks due to the fact that OLlr guests are unable to smoke and eat in our bar area," wrote Tim Mattson, regional manager of the Duluth-based restaurant chain, in a letter to Cloquet Mayor Bruce Ahlgren, In nearby Duluth, a smoking ban has been in place since Jan, I, and restaurant owners say the financial pain is real. Judy Thomas, owner of Duluth's 21st Delight restaurant, said she stopped paying some of her bills just to stay in business after the ban took effect. Even with a hardship exemption to the ban (approved for a number of restaurants after their sales declined), Thomas said she hasn't given herself a paycheck since May unless she filled in for an absent waitress, cook, or dishwasher. "January was the first time I was behind on my bills," said Thomas, who bought the 21st Delight five years ago. In August, Thomas wrote the Duluth City Council urging a repeal of the smoking ban. "The future of my business depends on it," Thomas said in her letter. Changing society Having distributed more than $1.4 million to fund prohibition campaigns across the state this year, MPAAT intends to make similar grants early next year. MP AAT was created in 1998 by the Ramsey County District COLlrt to httn"f /ummr I:t~rtrihl1np f'f'lmfctrwipc/Llh"J /1<")h,11 ") ht,..,., 1 Page 3 o1'S ~ 1 1 /1 () In 1 Spending the Tobacco Money: Smoking ban fights split towns spend $202 million in settlement money from the tobacco industry over 25 years for research and to help Minnesotans quit smoking. But MPAAT now has a grander objective. "We're changing social nonns," said Chris Tholkes, project director for the American Lung Association. "Having more smoke-free places pushes people into quitting, You reach more people that way," Some of the organizations receiving MP AA 1's have departed from the plans of action they submitted with their grant proposals. Those timelines called for lengthy periods of public education on secondhand smoke issues and community forums to build support. The American Cancer Society, funded by a $199,530 grant, approached St. Louis Park this past summer with an ordinance proposal, well ahead of its own schedule, which called for meetings with city officials in January and February of2002. City officials are in no hurry to vote on the matter. "We made it clear that we're not going to take a model ordinance from some outsider and start a war over it,1t said City Manager Charles Meyer, ItWe don't want other people fighting their battles on our turf '.' "It's a fairly frightening prospect when the state tums money over to a group that turns money over to another group to lobby for a city ordinance, It he added. MP AAT money has paid the salaries of anti-smoking field coordinators in Duluth, Cloquet, Winona, Mankato, WiIlmar and Fergus Falls In fact, the bulk ofMP AA 1's grant funding has gone for salaries, Seven of every $10 that MP AA T gave to the Cancer Society, for instance, is being used to cover payroll. The Lung Association is using 58.7 percellt of its $369,000 MP AA T grant for staff salaries. The Minnesota Smoke- Free Coalition, the largest MPAAT grant recipient with nearly $800,000 in grants, is spending nearly 59 percent of one $592,050 grant on staffing, Lack of support As MP AAT began funding the smoking-ban campaigns, there already was substantial evidence that many communities would not be receptive, A similar campaign paid for by the University of Minnesota called Tobacco Free Futures had been unsuccessful in New Prague, Faribault, Shakopee, Maple Grove and St. Cloud. Its success in Little Falls was reversed after a contentious community referendum early this year despite MPAA1's financial assistance -- through the Smoke-Free Coalition -- to the ban's supporters. http://www.startribune.com/stQries/4cl?/R?fi417 htrnl Paoc4of'S v 3~1 Spending the Tobacco Money: Smoking ban fights split towns In fall 2000, Bryan Turtle, owner of Turtle's Bar & Grill in Shakopee, found himself on the receiving end of an anti-tobacco group's wrath, Turtle publicly opposed a smoking-ban ordinance because he already had spent $500,000 to upgrade his restaurant's ventilation system and buy an adjacent building for a separate, smoke-free bar. Milli1esota Smoke-Free Coalition executive director Judy Knapp attacked Turtle in the Shakopee Valley News, calling him a front for the tobacco industry because his trade organization, the Milmesota Licensed Beverage Association, accepted $2,500 from Philip Morris to cover statewide lobbying costs. "The truth is," Knapp wrote the newspaper, "the tobacco industry is notorious for manipulating the political process by wielding its considerable financial clout through front groups, highly paicllobbyists and secret surrogates," Turtle, who noted that none of the trade association's money was lIsed during the Shakopee anti-smoking debate, responded in the 11CWSP,lj)C! that "Ms. Knapp is being paid to target me and any other bar o\-vncr \vha believes business owners should decide how best to operate their establishments. " Take it to the state In late November 2000, the Shakopee City Council voted 5-0 against the anti-smoking ordinance. "She tried to make me out as a tobacco lobbyist," Turtle said, "I said, 'Who's the lobbyist here?' She's the one getting eight hundred grand, ", Smoking-ban advocates shouldn't pick out individual communities and give them the kiss of death." The Lung Association's McKone agreed that smoking bans should be a statewide issue, but she contends the tobacco lobby, the hospitality industry and others won't allow it. "We'd lose," McKone said. "There are many good reasons why the stelle should do it, but the political will is not there," Not even in Rochester, until the Olmsted County board passed a countywide smoking ban last week. Before that the city, whieh is dominated by the Mayo Clinic, wanted no part of an ordinance presented by anti-smoking groups, With 100 of Rochester's 200-plus restaurants already smoke-free, some council members felt the ordinance was too far-reaching and divisive. "It was so broad, it took in anything," said council member Mack Evans, adding that the pro-ordinance suppoliers weren't open to compromise, httD://www.startrihlln~ r.()m/~t()rip<:/L1h,)/Q')hI11 ') 1,1-..,..,1 Page:) illS 3~~ Spending the Tobacco Money: Smoking ban fights split towns MPAAT's new tack "bothers me a lot," Evans said. "They could take that tobacco money to help people quit smoking." Rochester isn't the only city where the anti-smoking advocates found themselves unable to win council approval. Earlier this fall, the Hutchinson City Council was about to vote on a smoking ban. Jeremy Hanson, advocacy director for the Smoke-Free Coalition, was utterly confident about the outcome. "Hutchinson will pass an ordinance banning smoking in all bars and restaurants," he said. "When you take the time to go and talk wi th the restaurants, as we did in Hutchinson, there hasn't been a divisive, crisis- oriented debate," The Hutchinson council voted 4-0 against the ban. Hanson's explanation? "The City Council tried to rush the vote at the last minute and it backfired on them," David Willoughby, MP AA T's executive director, insists that his group's money goes only to groups that "request help" in their communities. "This isn't the first type of public health issue that has created con 11 iel, controversy and divisive issues," he said. "What we're trying to do is provide funds for organizations who are responding to citize:1S aruund the state of Minnesota, " Clash in Cloquet Cloquet leaders dispute Willoughby's characterization. "Nobody invited them here," said Della Schmidt, president of the Cloquet Chamber of Commerce. "They said they were there to educate us and to get our suppoli." Mayor Bruce Ahlgren said the Lung Association introduced petitions supporting a smoking ban in September 2000 during the town's "Heart Walk." The next month, representatives visited the Cloquet Chamber of Commerce. The group included Lung Association community organizer Steve O'Neil, who recently resigned from the MP AAT board, in part to avoid potential conflicts of interest. O'Neil also has been active in the fight over the MP AA T -suppOlied Duluth ordinance, Cloquet's restaurant and bar owners argued that a ban was unilecessary nine of the town's 18 restaurants were smoke-free, and the others h~ld separate smoking areas. http://www.startribune.com/stories/462/820412html Page6of8 3c:(3 1 1 ... 1 (\ /(\ 1 Spending the Tobacco Money: Smoking ban fights split towns The anti-smoking advocates persisted. In April, the Lung Association presented an ordinance to the council. A template of ordinances given to city councils in Duluth, Rochester and elsewhere, the proposal applied only to restaurants and bars that served more than pretzels or microwaved pizza. Restaurants permitting smoking in their bar areas would have to be fully enclosed and separately ventilated, The ordinance also barmed smoking within 15 feet of a restaurantlbar doorway, window or smoking vent, although smokers still could puff away in front of a church, supel111arket, day-care center and other doorways. By summer, Cloquet was thoroughly divided. The money paid to anti- smoking activists was a hot topic among restaurant and bar owners. Gene and Sue Holman, owners of the Lumberjack Lounge, kept a copy of a page from MP AA T's Lung Association grant behind their bar. The grant listed salaries, including $40,000 over two years for Cloquet resident and Lung Association field director J an Salo Korby. The MP AA T grant pays half that salary. "There is no gray area here, What you see is a split between two distinct groups," City Administrator Brian Fritzinger reflected as the issue moved to a vote. Split vote, split town The ordinance passed in August on a 5-2 vote, in a council chamber packed with onlookers as police sat outside, their presence requested by the city administrator. Two weeks later, council member Sue Jolmson, who voted for the ban, abmptly resigned during a meeting, citing unspecified business and family reasons. Her action came amid a boycott ofthe modest grocery and catering business that she and her husband own, a boycott organized by opponents of the ordinance, "We had phone calls and customers coming in telling us what a great job we do but they can no longer support us, and they'd leave," Johnson said last month. "It hurt me that people couldn't separate the issues." The Chamber's Schmidt said the battle will mark Cloquet for a long time. "The American Lung Association left with a victory in their pocket. Now they're going to mn around the rest of the state and say, 'Oh, Cloquet passed an ordinance,' But they're going to leave us to pick up all the pieces of tense or shattered relationships, friendships that are broken, and distmst that has come about all because ofthis, "There are no winners here," Schmidt said, "We exchanged clean air for bad blood," http://www.startribune.com/stories/462/826412.ht11l1 Page 7 of8 ..3~<I 1111 f"\/A", Spending the tobacco money: Is this what the court had in mind? news freetime. travel - homezone - cars - shopping - workavenue _ communities rnetro! region - nation I world - politics - business - sports. variety. opinion _ fun & games. talk metro/region faith & values police/court news lotteries obituaries traffic photos ap news minnesota wisconsin archive stories photo reprints projects Spending the tobacco money: Is this what the court had in mind? David Phelps and Deborah Caulfield Rybak Star Tribune Published Nov 182001 Tom Koehler thought he had a ready partner last year when he applied for a grant to help thousands of union workers quit smoking, Koehler and two colleagues approached the Mirmesota Partnership for Action Against Tobacco (MPAAT), which was created to help smokers stop. The group saw the estimated 174,000 smokers among Minnesota union members as prime targets for its efforts, MPAAT said no, "We were kind of dumbfounded," said Koehler, who is a local business representative for the International Brotherhood of Electrical Workers. MP AA T was given a straightforward mission __ to help smokers quit -- by the court order that created it from the 1998 settlement of the state's lawsuit against the tobacco industry, Judy Knapp and Jeremy Hanson of Minnesota Smokefree Photo: MIKE ZERBY STAR TRIBUNE But the nonprofit organization has taken a radically different path. Anned with $202 million in public money, MP AA T has pursued prohibition as its centerpiece, providing more than $1 million for campaigns to pass no-smoking ordinances that have mostly failed, dividing communities in the process. The group has operated with little or no accountability and has given most of its grant money to organizations in which a third of its own board members hold high level positions. Of the $4.6 million awarded last year in MPAAT's first and only round of grants to date, 82 percent went to individuals or groups with ties to its board or advisory committees, While MP AAT's research advisory committee recommended that 70 percent ofthe research grants address youth smoking, only 20 percent __ $453,500 out of $2,3 million -- went to that purpose. http://www.startribune.com/stories/ 462/829922, html Page 1 ofl3 Related EJ The su went n, EJ The 101 selt/err EJ Paper~ big tab made t deeept pracUe l:J T abae fixing ~ [Jj] Graphi you kn ~ Email I @ Prinl II- SHarch /News FInditl../ Mor(; search 3C:;S 1 1 /1 (\ ,^... Spenqing the tobacco money: Is this what the court had in mind? Page 2 of 13 MPMT has won praise for its eye-catching, $5.5 million ad campaigns on second-hand smoke and quitting smoking -- "cessation" in MPAAT jargon. Created by the Minneapolis agency Clarity Coverdale Fury, the ads recently were honored at a national tobacco-control conference. But its most successful effort to directly help smokers quit dates to 1998 -- a giveaway of donated nicotine patches that cost it just $50,000, Even that modest gesture won't be repeated. The idea to "slap a patch" on any Minnesotan who wants one, as one official put it, has been discarded.. MPAAT's only current cessation effort is a $551,000 telephone "help line" that refers insured smokers to their insurance companies, while sending others brochures with tips on how to quit. In its first three years, MPAAT has spent just $10.9 million of its endowment, far less than the $42.5 million that advisers suggested be spent in that time. MPAAT must spend its entire endowment by 2023, when the group's charter expires. What's more, the road map that MP AA T was supposed to rely on to guide its spending has been disregarded. Early on, the group told the court that it would conduct a thorough, widely publicized study of Minnesota smokers before deciding on a course of action. The $223,000 survey was intended to measure Minnesota adults' attitudes toward smoking and establish a baseline by which to measure future progress. It was commissioned, conducted, completed, analyzed, found to be viable -- and never released, or even presented to the board. The survey indicated sharp division among Minnesotans over prohibition initiatives, and MP AA T's own advisory groups were recommending that it focus on cessation. However, the MP AA T board nevertheless yielded to the influence of activists in the Minnesota Smoke-Free Coalition, Dr. Richard Hurt, MPAAT's board chairman and one of the preeminent smoking cessation experts in the country, defends the organization's work and the 21 unpaid board members who oversee it. "I think most everything we have done to date has something to do with stopping smoking," said Hurt, director of the Mayo Clinic's Nicotine Dependence Center in Rochester. Hurt and MP AAT essentially get to grade themselves, though. Former Attorney General Hubert Humphrey lIT and others instrumental in the group's creation walled it off from most oversight. MP AA T must only send a progress report to the court and the Legislature every two years. htto:/ /www ,startrihllnp. r.nm/~t()ri P~/t1h') /Q')oo')') 1-.t....l 30?~ Spen~ing the tobacco money: Is this what the court had in mind? Page 3 of 13 The Legislature can't touch MPAAT's budget or operations. And a biannual review by the state legislative auditor examines mainly financial issues, not MP AA T's programs. "MPAAT doesn't have to behave like a state organization," said the group's executive director, David Willoughby. "Between the '.. auditor and the court, they allow us to do our business this way," Legislative Auditor James Nobles disagreed. "We've done a financial audit there and only looked at some aspects of their operations," he said. "You can't take the absence of criticism as approval." But most of those following the group's efforts share its passion for fighting smoking and see no need for greater scrutiny of its methods or performance. Humphrey personified that attitude during a recent interview, "Whatever they're doing, they're doing a heck ofajob!" he said, "The independence of MPAAT is critical. If it succeeds ... it will represent an unprecedented opportunity for health not only in Minnesota, but the world." .. David Kessler, former head of the Food and D~ug Administration Many other states ended up spending their tobacco settlement money on roads, sewers and other general needs, Minnesota set out to be different. It would use part of its $6.1 billion settlement to create a one-of-a-kind organization to help Minnesotans give up smoking, The Ramsey County District Court order creating MP AAT gave it two mISSIons: 1. Spend $102 million "to offer smoking-cessation opportunities to Minnesota smokers." 2. Spend $100 million for research, with an emphasis on youth smoking, From the beginning, some questioned the wisdom of entrusting so much public money to a group while simultaneously shielding it from most oversight. To give a new organization such a substantial amount was "unbelievable," former Gov. Arne Carlson said. "Two hundred million dollars is a staggering sum of money; you're inviting trouble." The $202 million endowment was substantially higher than the budget of many Minnesota cities, and certainly dwarfed other state agency budgets. For example, the Minnesota Department of Health has a budget of $2 million to combat bioterrorism, http://www.startribune.comlstories/4n21R?QQ?? ht-m 1 d~) Spen4ing the tobacco money: Is this what the court had in mind? Page 4 of 13 Humphrey, however, contends that MP AA T's hybrid nature -- part government agency, part private entity -- keeps it "insulated from the vagaries" of the Legislature, which might otherwise raid its budget. MPAAT's board of directors represents a who's who in Minnesota public health circles. In addition to the Mayo Clinic's Hurt, bOard members include State Health Commissioner Jan Malcolm, Minnesota Smoke- Free Coalition founder Dr. A. Stuart Hanson and Minnesota Association for Nonsmokers President Jeanne Weigum. The board also has representatives from the American Lung Association and the American Cancer Society. David Kessler, fonner chainnan of the federal Food and Drug Administration -- who for a time was the anti-smoking activist of the Clinton administration -- is an honorary board member. In its early months, MP AA T moved swiftly to distribute 1.4 million donated nicotine patches in 1998 and early 1999. A September 1999 report noted that demand for the patches had "greatly exceeded" supply, "indicating a strong, pent-up demand from smokers" for help in quitting, At the end of the report, MPAAT concluded it was "well on its way toward fulfilling its public mission," But other voices within MP AA T were clamoring for a different sort of focus, one intent on changing an entire state's behavior through legislation -- specifically, smoking bans. As the board pondered different moves, its momentum grew so sluggish that the co-chair of its Research Advisory Committee would later describe it as "analysis paralysis." Carol Falkowski, director of research communications at Hazelden Foundation, the world-renowned dependency treatment center, wrote what she called "my Nike letter," telling the board to 'Just do something." Said Falkowski, "They had a public charge to make a vilsible dent in smoking by providing cessation, and they seemed overwhelmed by the possibilities. " When the board decided to act, it adopted a strategy not championed by its own advisory committees, which were later disbanded. MP AA T instead turned to another advisor -- the Minnesota Smoke-Free Coalition -- that had no doubts about what course to pursue. The new focus: prohibition. "If the first 3-5 years of MPAAT's effort does not show substantial progress in meeting the court-ordered mandate of redudng smoking in Minnesota, there will be an erosion of both public and poiJitical support for the ongoing mission of the organization." -- MPAAT Cessation Advisory Committee, 1999 Judy Knapp is a Wisconsin native who grew up in a house with two http://www.startribune.comlstorie~/4{)?./R?QQ?? ntTYll 3~<6 Spen~ing the tobacco money: Is this what the court had in mind? Page 5 of 13 smoking parents. Some 20 years later, she still worries about the effects of that secondhand smoke on her health. For the past seven years, she has headed a small, often-underfunded anti- smoking organization known as the Minnesota Smoke-free Coalition, With a graduate degree in public health from the University of Minnesota, Knapp began her anti-smoking efforts on a project to ban smoking in Minnesota hospitals. She joined the Smoke-Free Coalition in 1989 to address youth smoking issues and became its director in 1994. Individual smoking cessation efforts were not a goal for Knapp and the Smoke-Free Coalition; erasing smoking's social acceptability was their priority. Within MP AAT, Knapp found a well-funded platform for her group's preferred methods: smoking restrictions in public places and youth- smoking prevention, Knapp is not an MP AA T board member, but her organization is well-represented: Four MP AA T board members are past or present members of the Smoke-Free Coalition board, Knapp urged the group to grab a spot on the second-hand smoke platform and take Minnesota in the direction of the anti..smoking campaign in California, which she called "the gold standard." Lung cancer rates for both men and women in California have dropped sharply in recent years. Knapp and others attributed the drop largely to that state's aggressive anti-smoking media campaign and a statewide restaurant smoking ban. With the California standard in mind, Knapp and her ortanization were paid $10,000 to outline a new strategy for MPAAT, The report, "Carpe Millennium," bluntly called for action to change "social nonns, values and attitudes about tobacco" to make it less acceptable. The thrust ofthe recommendations: Force smokers to quit by expanding clean indoor-air ordinances and regulations, such as restaurant and workplace smoking bans, one town at a time, until it becomes a statewide policy. This focus on secondhand smoke de-emphasized the importance of individual cessation efforts, even though they were the focus of the court order establishing MPAAT. "The patch is not going to change the future of Minnesotans, II Knapp said in an interview. IIWe've got to change the whole nonn,lI Knapp's report was embraced by the MPAAT board, though its central premise about California's drop in lung cancer rates remains open to debate. http://www.startribune.comlstories/462/829922.html 3~9 11/1 1l/()1 Spending the tobacco money: Is this what the court had in mind? Page 6 of 13 "California's air is much better as a result of having put controls on pollution," said Robert Levy, a senior fellow at the libertarian Cato Institute in Washington, D.C., and a longtime critic of anti-smoking activists' use of statistics. Levy pointed to the California Clean Air Act of 1988, which imposed some of the country's most stringent anti-pollution measures. "The effect of smoke in the air pales by comparison to the extent to which they've put some clamps on [air] pollutants," he said, Levy also doesn't attribute the improvement in California's smoking- related health statistics to the restaurant smoking ban, "The most important change has been price increases," he said, California raised excise taxes on cigarettes by 75 cents at pack between 1988 and 1998. Minnesota hasn't raised its 48-cent-per-pack tax since 1992, although the price of cigarettes still has gone up as tobacco companies raised prices to pay for lawsuit settlements across the country. Beginning in 1998, cigarette consumption in Minnesota has declined in proportion to the rising cost of cigarettes, Similarly, a 1998 study published in the American Journal of Public Health concluded that cigarette price hikes in Massachusetts promoted quitting among adults and reduced consumption among teens. Knapp's presentation said little about price increases, b4t she was confident the rest of the strategy would work anyway, I "The population approach is more durable. It changes norms now and in the future. It becomes less and less acceptable to smoket Knapp said. In adopting the new strategy, MP AAT abandoned the central idea of its own cessation advisory committee and the court order that created it -- to help individuals quit. It also put itself on a path that its own survey would show to be inconsistent with public attitudes. That survey indicated Minnesotans were split down the middle on the importance of smoke-free restaurants. Eight out of 10 respondents already worked in smoke-free offices and factories, For smokers who'd quit or cut down, the key issues were health, the cost of cigarettes and being a role model for their children, not smoking restrictions. After Knapp's report was accepted by the board, the wond "cessation" all but disappeared from the MP AA T vernacular. The $102 million that the court order earmarked for smoking cessation suddenly became known within MPAAT as the "intervention account," a term MPAAT used in its last report to the court in January. htto:/ /www.startrihl1n~ r.{)m/~t{)rip~/.1h? /s:l?c)C)')') ht,..,.,1 330 1 1 11" 'A 1 Spending the tobacco money: Is this what the court had in mind? Page 7 of 13 Hamline law school professor Joseph Daly, who closely followed the tobacco trial, was troubled by MPAA1's treatment of the court order. He acknowledged that the word Ifcessationlf might be open to some interpretation but did not agree with MP AA 1's unilaterallfintervention" substitution. If Any first-year law student can tell you that if you want to change a judicial order, you have to go back and ask for a change. You just don't change it yourself, If Daly said. But MP MT's legal counsel, Tom Pursell, dismissed the need to return to the court for permission. As he told the MP AA T board during an August 1999 board retreat, MP MT had more Iffreedom to allocate dollars without reprisal by the court because of its nonprofit status," according to board minutes. Falkowski, the adviser who had urged the board to "just do something," was astounded. IfMPMT was supposed to be about cessation," Falkowski said, "That was the spirit of the lawsuit." Mike Ciresi, the Minneapolis lawyer who led the state's lawsuit against the tobacco industry and helped negotiate the settlement that created MP AAT, is also puzzled by its new path, "I envisioned a significant cessation component and people would get help to quit, not intervention to the exclusion of cessation," Ciresi said. Attorney General Mike Hatch, who has oversight over nonprofits, also was critical about MP AAT's decision. If They have become so pure in ideology that they are arrogant, and they have forgotten their mission," Hatch said in an interview. "Try to get people to stop smoking; don't force people, Zealotry is bad no matter what the issue is.1f Hatch said his office will review MP AA T's operation but did not elaborate, MP M T ultimately answers to Ramsey County District Court, but no judge there can comment on the organization, because its court file remains open. MPAAT's next scheduled report of activities to the court is due in January 2002. Workers "are sick of hearing about secondhand smoke, but if [a labor- endorsed group] offered a way to quit, they'd buy it." -. Paul Lindgren, labor representative http://www.startribune.comlstories/ 462/829922.html 11/1 Q/f)l .33/ Spem}ing the tabacca maney: Is this what the caurt had in mind? Page 8 of 13 During the past year, armed with $1.4 millian in MP AA T grants, anti- tabacca activists have launched prahibitian campaigns acrass the state. While effarts were made in mare than a dazen cities, success was faund in anly three -- Maase Lake, Cloquet and Duluth, and one caunty, Olmstead in sauthern Minnesata. The ban in Duluth, approved early this year, came under quick attack. A petitian drive gathered nearly 2,900 names and put the issue an the ballat as a referendum issue. Last manth, MP AA T easily autspent the appasitian, shipping $49,000 in emergency grants to, Duluth anti- smaking graups far a direct-mail and telephane get-aut-'the-vate effart in suppart af the smaking ban, which prevailed. Mast afthe campaigns have praved sa divisive that sanie cammunities passed ardinances prahibiting smaking bans unless the issue is addressed statewide. The Minnesata Smake-Free Caalitian, the mast heavily represented graup an the MP AA T baard, also, received the mast grant maney __ $793,615 including $592,050 to, pass restaurant smaking bans. The Smake-Free Caalitian used its secand $201,565 grant to, launch a Web site to, "mitigate pro-tabacca influences." The site lists infarmation abaut labbyists that is easily abtained fram the state. Anather part af the site -- currently under recanstructian, accarding to, staffers -- identifies "tabacca allies" such as the Minnesata Chamber af Cammerce (far challenging expansian af the Clean Air Act nine years ago and advacating use af settlement funds to, reduce health-care taxes), Haneywell (far manufacturing a ventilatian system that can clean the air in smaky bars) and the Minnesata Taxpayers Assaciatian, which appases taxes af all kinds (including tabacca excise taxes), "If they're gaing to, have a Web site astensibly with the peaple's money, then it ought to be accurate, it ought to be fair and it aught to, be camplete. And I dan't think it is," said William Blazar, the chamber's director afpalicy. Sametimes MPAAT acted to, suppart the prahibitian efforts even befare afficially appraving grants to, the graups invalved. The American Lung Assaciatian received three checks fram MP AA T tataling $15,000 while its applicatian for a $369,000 grant was under cansideratian in April and May 2000. In seeking the maney, Pat McKane, executive directar af the Duluth chapter of the Lung Assaciatian, wrate anly that it was needed "to, reduce the harm caused by secandhand smake," http://www.startribune.carnJstarie~/4()?.IR?QQ?? htm 1 dd~ Spending the tobacco money: Is this what the court had in mind? Page 9 of 13 In an interview, McKone said the money was used mainly for "direct expenses," including advertising, during the Duluth campaign. Similarly, the American Cancer Society in Rochester received $1,200 in May 2000, while the $199,000 grant request by its parent group in St. Paul still was under consideration. The reason listed: "to reduce the ham1 tobacco causes people" in New Prague, New Prague later voted down a proposed smoking ordinance. Last month, the Cancer Society's Duluth chapter received an emergency $24,500 grant to pay for advertising in the campaign to preserve the city's smoking ban, MP AA T also gave $24,500 to the St. Mary'slDuluth Clinic for a telephone bank. The Minnesota Smoke-Free Coalition used the same phrase to request a $10,000 payment last December, four months after it had received more than $800,000 in MPAAT money. Smoke-Free's advocacy director, Jeremy Hanson, said the money was used to fight a referendum that repealed a smoking ban in Little Falls. While approving the various spending efforts in favor of prohibition, MP AAT turned away a major cessation opportunity proposed by Tom Koehler and a labor-backed group called Clarity MN, Clarity, a nonprofit created by unions to help their members quit smoking, had the official endorsement of the Minnesota AFL-CIO on behalf of its 400,000 members, professional advice from a Califomia smoking-cessation specialist and financial commitments from large employers. "We were led to believe that we would be pretty successful," Koehler said. Clarity also received initial encouragement from the MPAAT staff to apply for a grant. MP AA T had reason to be interested, since an advisory committee specifically had mentioned blue-collar workers as a target group because their estimated 40 percent smoking rate runs twice the national average. Koehler worked alongside co-founders Paul Lindgren -- a representative for PACE International, which represents a large number of 3M Co. employees -- and Sally Christensen, a northeastern Minnesota labor- management consultant. The three formed Clarity believing that union workers would be most receptive to a workplace smoking-cessation clinic sponsored by labor peers rather than management, Koehler and his colleagues also believed that cessation programs ultimately could reduce secondhand smoke at home, since the home otherwise becomes the final refuge for a smoker whose workplace goes smoke-free. The labor-endorsed program would have given MP AA T "instant http://www.startribune.comlstories/462/829922.htm 1 1 1 11 () In 1 3..33 Spending the tobacco money: Is this what the court had in mind? Page lO of 13 credibility," Lindgren said. In June 2000, MPAAT rejected Clarity's grant application. The request did not fulfill a requirement that it "reduce exposure to secondhand smoke," according to the rejection letter from MP AAT. Clarity representatives attended a follow-up meeting with MP AA T executive director David Willoughby. "We were treated like the enemy," Koehler said. He said that Willoughby's attitude was "been there, done that," and that cessation efforts were not effective. "It was pretty clear to me that he had been coached that we were people that you couldn't deal with," Koehler said. Willoughby denied that he was deliberately negative. He said he told the Clarity founders that MP AAT wouldn't pay for cessation programs that might be covered by workers' health insurance, "We would like to have labor unions working with us to advocate for cessation coverage," Willoughby said. MPAAT recently earmarked $150,000 for a two-year grant to educate union members about secondhand smoke and seek more smoke- free environments. The grant description portrays labor as uncooperative, saying that anti-smoking organizations "have not been successful in securing the support of labor unions" to change workplace smoking policies. Clarity requested $525,000 to be spent over three years helping Minnesota workers to quit smoking, at an estimated cost of $24 per person. MPAAT rejected Clarity's budget as being too steep. Yet MPAAT will spend $551,000 on its help line this year, which is expected to field 10,000 calls, most referring callers to their insurance companies, Estimated cost per caller: $55. Clarity's co-founders won't seek the latest MPAAT union grant. "All they would want us to do is push for smoke-free workplaces, and we already told them that's not going to work without anonsite cessation program run by union workers," Koehler said. MPAAT, Lindgren said, is "a closed door. They circled the wagons." Koehler described the group as "a club. And they don't want any outsiders penetrating it." http://www.startribune.comlstories/462/829922.htm 1 d3y ..,,, ,., r-../n.. Spending the tobacco money: Is this what the court had in mind? Page 11 of 13 "MPAAT Is what It is. You may disagree with their policies, but not everybody in the world gets the right to question those things." -- MPAAT counsel Tom Pursell Benson Whitney recalls being uncomfortable with some of his fellow MP AA T board members from the start. "It's not that I thought the people were ill-intentioned," said Whitney, appointed in 1998 by then-Gov. Carlson. "But about 85 percent of them were anti-tobacco activists who in one way or another felt a sense of ownership about these dollars. I was concerned about how much money was going to go to the people in the room." Whitney, a businessman who serves on the board of his family's charitable Whitney Foundation, resigned after only three months. A year and a half later, In MP AA T's first round of grants, the surest indicator of success was whether the applicant had a tie to the board. Until recently, the American Lung Association, which received a $369,000 grant, was represented by Steve O'Neil, a paid organizer in Duluth. O'Neil resigned in August, saying he wanted to avoid the appearance of a conflict of interest because of his work on the MP AA T- underwritten smoking bans in Duluth and Cloquet), Two board members, CoralHoule and ArIa Johnson, are active with the Cancer Society, the recipient of$199,530 in grant money. For the second round of grants, to be awarded next year, the Cancer Society initially was dismissed from the bidding because it didn't state whether it met the MPAAT requirement of offering employees a smoke- free workplace. In September, the board stretched its rules so that the Cancer Society could stay in the bidding, despite the misgivings of MP AA Tis staff about the precedent that would be set. Meanwhile, a separate class of seven "non-competitive" grants were awarded that needed only the executive director's approval and ranged in size from $500 to $24,500. All but one were given to organizations represented on MP AAT's board. Whitney is shocked at the amount of grant money that has gone to board-connected groups. "That's a huge governance problem, and it's a huge conflict problem. If that were true of any other entity, it would be totally unacceptable," MP AA T officials defend their grant process as rigorous. An evaluation by the Milestone Group in St. Paul done at MP AA T's request found different interpretations, reporting that applicants "felt that the criteria used to rate the proposals were inconsistent." http://www.startribune.comlstories/462/829922.htm 1 336 11/10/nl Spending the tobacco money: Is this what the court had in mind? Pagel20fl3 Some applicants felt the giants went almost exclusively to big anti- tobacco organizations. Others thought MP AA T "was not interested in developing programming but rather in developing policy." "In addition," the report said, "applicants voiced disappointment about the lack of funding for cessation programs and how these programs fit into the 'big MPAAT picture.'" The survey also found concern among minority groups about their failure to win grants, "given the high rate of use and negative health impact oftobacco on many of their constituents," the relDort concluded, Board chairman Hurt seemed incredulous that anyone would question the process. "Why should I do this? Why should a volunteer do something like what we're trying to if people are going to ask why 86 percent of the grantees have some c0lU1ection to a member ofthe board?" he asked. At least one board member felt the need for more accountability, and said as much at a board meeting. "We've given out a fair amount of money, and at some point I'd like to know what is happening with it. I'm becoming uncomfortable being unable to describe what's going on," said Dr. Anne Joseph, an MP AA T board member and internist at the Veterans Administration Medical Center in MilU1eapolis. Advisers have cautioned MP AAT about its unique status as a "quasi- public" steward of millions of dollars obtained from a lawsuit on behalf of state residents. One of them, Legislative Auditor James Nobles, told the board early in its life that although MP AA T was not technically a state agency, "they were receiving public money and should be as open and accountable as any other public entity." Nobles also recalled warning the board about conflicts of interest. He cited the Mayo Clinic as a potential example because of its broad interest in health issues. "I was so naive at the time I didn't realize that the chair of the (MP AA T] board was a physician from Mayo," he said with a chuckle. MP AA T has explicit bylaws dealing with conflict of interest; their enforcement has been inconsistent. The bylaws permit organizations represented on the board to receive http://www.startribune.comlstories/462/829922.htm 1 d3G; 1 1 /1 (\ 1(\ 1 Spending the tobacco money: Is this what the court had in mind? Page 13 of 13 grants. However, board members must recuse themselves from discussions or votes concerning the funding of organizations they represent. In July 2000, the board managed to display both a keen interest in and turn a blind eye toward conflict of interest issues at the same meeting, The board first debated whether it should hire former Humphrey tobacco lawyer Pursell as its outside attorney because his law firm, Lindquist & Verumm, represented the Liggett Group tobacco company, Later, the board unanimously approved grants, benefiting such board-connected groups as the Smoke-Free Coalition and the Cancer Society. Board minutes do not indicate that any board members recused themselves, In September 2000, however, board minutes show that members repeatedly recused themselves from decisions on research grants benefiting their organizations, Hurt could not explain the discrepancies. "It's very easy to be critical of a group like this. We set down conflict-of-interest rules, and they are more strict than any group I work for," he said. Pursell responds to the criticism by reiterating that MP AA Twas intended to be free from govenunent control. He also defended the group's prerogative to set its own course, despite the explicit cessation language in the court order that created it. Asked Pursell, "What makes you think that, . . this money was supposed to be spent to slap patches on people?" Cive ita shot' lit. Return to top ~ Copyriaht 2001 Star Tribune. All rights reserved. http://www.startribune.comlstories/ 462/829922.html 11/19/01 33/ FARMINGTON AREA CHAMBER OF COMMERCE 317 F ou rth Street Farmington, Minnesota 55024 (651) 460-6444 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Members Farmington Area Chamber of Commerce February 13, 2002 Resolution-Defer Action on the Issue of Smoking in Restaurants and Bars Until Statewide Regulations are Adopted Recommended Council Action The Farmington Area Chamber of Commerce is recommending that the full City Council take action approving the enclosed Resolution Deferring Action on the Issue of Smoking in Restaurants and Bars until Statewide Regulations are Adopted, Background The Farmington Area Chamber of Commerce conducted a meeting on Wednesday February 13,2002 and is recommending that the City Council go on record stating that it is not going to address the issue of smoking in restaurants and bars until such a time that the State of Minnesota adopts certain statewide uniform regulations. As the City Council may know, several Cities throughout the State have adopted ordinances that prevent smoking in restaurants and bars. The resolution suggests that until the State adopts uniform statewide applications, the City will not address the issue. The Resolution does not state that the City is for or against a ban on smoking in restaurants and bars, only that statewide regulations should be adopted, before the City would address the issue. The Farmington Area Chamber of Commerce presents this request for adoption of such a Resolution, ftLb..., Uun"ZL'\ ~'t- Mike Heinzerling, President Farmington Area Chamber of Commerce FOR A BETTER COMMUNITY SUPPORT YOUR CHAMBER OF COMMERCE L_ City of Farmington 325 Oak Street, Farmington, MN 5S024 (651) 463-7111 Fax (651) 463-2$91 www.d.farmington.mn.us <5' -.. ( TO: Mayor, Councilmembers, City Administrator [. . J. FROM: Robin Roland, Finance Director SUBJECT: Consider Resolution Accepting Donation - Cataract FJre Relief Association DATE: March 4, 2002 INTRODUCTION A donation has been received by the Cataract Fire Relief AssociatioQ from the Hansen Family Foundation. . DISCUSSION The Hansen Family Foundation has donated $15,000 to the Cataract Fire Relief Association for the purchase of a Lifepak 12 Biphasic defibrillator/monitor. Staffwill communicate the City's appreciation on behalf of the Counicil to the Hansen Family Foundation for their generous donation. ACTION REOUESTED Consider the attached resolution accepting the donation of$15,000 t<l> the Cataract Fire Relief Association from the Hansen Family Foundation. Respectfully submitted, .:;2J~c:?~~ -' ~ Robin Roland Finance Director 33~ RESOLUTION No. R -02 ACCEPTING DONATION OF $15,000 TO THE CATARACT FIRE RELIEF ASSOCIATION 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 4th day of March, 2002 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Hansen Family Foundation has donated $15,000 to be used for the purchase of a Lifepak 12 Biphasic defibrillator/monitor; and, WHEREAS, it is in the best interest of the City to accept such donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of$15,000 from the Hansen Family Foundation to be used for the purchase of a Lifepak 12 Biphasic defibrillator/monitor. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of March , 2002. Mayor Attested to the day of ,2002. City Administrator SEAL 33~ Ilansen Family Foundation 5050 Lincoln Drive, Suite 480 Edina, Minnesota 55436 Phone: (952) 912-9895 February 8, 2002 Board of Directors Cataract Fire Relief Association Farmington Fire lmd Rescue Department Fannington, Minnesota 55024 Dear Board Members: We have been contacted by Chad Rognlie, of the F:umington Fire Department, regarding the need for replacement of certain life saving equipment utilized by the department. It is our ooderstanding that the defibrillator currently in use is approximately 10 years old, and while certainly still serviceable, lacks some of the advantages found in new models incorporating today's advanced technology, Based upon the attached quote for the Lifepak 12 Biphasic defibrillator/monitor from Mcdtronic Physio- Control, enclosed is our check in the amount of $15,000.00. This gift is to cover the acquisition of the equipment outlined in the quote as well as any accessories and/or additional batteries deemed necessary. The events of September 11 have made all of us much more aware of the bravery and dedication of our nation's firefighters and police officers. Thank YOll for the work that you do for your community. Sincerely, ~yVfi~~ Sharyll'Iansen Exccutive Director <Sa- 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 Administrator~.. ~ Lee Smick, AICP \LPC Planning Coordinator FROM: SUBJECT: Consider Resolution - Elm Street Easement Vacation DATE: March 4, 2002 INTRODUCTION The City of Farmington seeks to vacate an existing street easement within the South Suburban I st Addition on Lot 1, Block 1. The easement is located at the southwest comer of the South Suburban plat and is directly north of the Elm Street realignment. DISCUSSION The City of Farmington has requested the street vacation as shown on the attached exhibits. The street easement is part of a remnant piece that was left after Elm Street was realigned. The intent of this street easement was to provide access for Elm Street, however, upon the realignment of Elm Street the easement is no longer necessary. The City was made aware of the need to vacate the existing street easement because the property owner at 213 8th Street, Hazel Bunde, would like to purchase 10 feet of property shown as Parcel C along the rear property line as shown on the South Suburban 1 st Addition plat. The 10 feet of property encroaches into the City owned street easement. The City Attorney has reviewed and approved the proposed street vacation in the South Suburban 1st Addition on Lot 1, Block 5. ACTION REOUESTED Adopt a resolution to vacate a street easement within the South Suburban 1 st Addition on Lot 1, Block 1 as shown on the attached exhibits, Respectfully submitted, ~.~. Lee Smick, AICP Planning Coordinator c3 c.; I RESOLUTION NO. V ACA TING AN EXISTING STREET EASEMENT WITHIN THE SOUTH SUBURBAN 1 ST ADDITION ON LOT 1, BLOCK 1. 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 4th day of March, 2002 at 7:00 P.M, Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the City of Farmington has received a request to vacate the attached existing street easement as described on the attached Exhibit A: See attached Sketch and Legal Description, and WHEREAS, a public hearing was held on March 4, 2002 to consider the vacation of street easement after proper publication and notification, at which time public comment was heard thereon; and WHEREAS, it is determined that said portion of street easement is no longer necessary; and NOW, THEREFORE, BE IT RESOLVED that the above described street easement is hereby vacated. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of March, 2002. Mayor Attested to the _ day of March, 2002. City Administrator 3Y'~ Attachment for Item 8a) Elm Street Easement Vacation EXHIBIT "A" Beginning at the SW comer of Lot 1, Block 1, South Suburban First Addition, thence North on the West line of said lot 25.00 feet; thence South 730 37'20" East 88.49 feet to the south line of said lot; thence West 85.00 feet along the South lot line of the SW comer of Lot 1, Block 1. 99295 I Jip PI oe:1 Ii 1 I:: .: ! IH H ~ ~! ~ ' ::[D", ..J i ,of P'~ .~:: "Iof c ~ N. i!! I i ~ :::;- I q, a J I r~ I i~.. ,. 0 o ; HI ~: i I :om o. rn I or iHf..i' en 3: 'lOI L m~ I " o~ ~~ J~H" I1f -! J ;~ Hf ' .. !!os C' "I ",r h, J l!c.,n:;::il'C~fS~lr~'.:i:l"i. zen .. r"'.t ..,.. "t" ~..ul_s_ '111:-2"( . >- -f n '115 i'...: ~ 11 ~ 3.1 ::::( . ~;I :~~r :t"'~i";,1= .. :r: · t:'! -~. :....!Ju::..J:;.Hg~ =1: ~ =E :. He ~I~:f]ii ~!ia~!i!::ila!i Ii - ~ .~;:f eJ P'IU zO~"~!lbrhq~i ~ ~~ hia: r'~!!H i:H~;HJI:HHI _r,a m ~filf h .... !h_"~S;~~pl, ~ ~ ii:il ;,' '1& iltriiff::::. 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J- I ~.~ UJ E ~ UJ ~) ~:\.~ a: ~ ~ :-~ J- ~ "" \t\ en UJ ~ " ~"I ~ ~ ~ ~I ~ ...J 7 I UJ ~:,./ \}~I-I :I ~u ;I'~/, Plol'll'-' \..... .<;:) - - 00':"1 - ~ -.... ~ ~ ~ ~ . ~ ~~ J(J'P/I ~91~" '"Z~PI()~;V '\: I~ tz g ~ h. ~\ ~ ~ ~') 5"~ o ::::s -1 ~ CD \K ~~ t- ~ 5.. \K '~..,- . ~ '"i::l ~~ ~~ " 08'1 ~\ I I~ .~ ~. ~o-S> I~ <S ~ '- --- ~. I~~ -: c- ..?"Z/' ~o(;1/", c~ .... 00'''2'/ . ~ " ~..:i- ~~ /"l?1..k/3/;/,.3 ~ /fY '" \ .... I O(r c:72'/ - ../ - ;;::; -I p/. <7jY 3,,= ....- /1'" " rt1pIG-Y -/,,,pd,.,:,. .:!E 23. 3 c.I L/ ~b City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ <. FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - 2002 Seal Coat Project Public Hearing DATE: March 4, 2002 INTRODUCTION At the February 4, 2002 City Council meeting, the Council accepted the feasibility report and scheduled a public hearing for March 4, 2002, on the 2002 Seal Coat project. DISCUSSION The 2002 Seal Coat project is the ninth project in the City's seal coat program established by the City of Farmington in 1994. The seal coat program is implemented in a seven-year cycle. The streets indicated in Figure 1 and Attachment A are to be included in the seal coat program this year. The streets in East Farmington 3rd Addition and East Farmington 4th Addition are to be seal coated for the first time this year. The streets in Hillview Addition, Terra Addition, Dakota County Estates 2nd through Sth Additions, Henderson Addition, 4th Street between Maple Street and C.R. 74, Sth Street between Walnut Street and C.R. 74, 6th Street between Walnut Street and C.R. 74, 7th Street between Walnut Street and C.R. 74, Maple Street between 4th Street and 6th Street, Hickory Street between 4th Street and Sth Street, Beech Street between 6th Street and T.H. 3, Locust Street between Sth Street and 6th Street, Hickory Street between 7th Street and T.H. 3, alley by Farmington Lutheran Church located between Sth Street and 6th Street, and the 2nd Street parking lot are scheduled to be seal coated this year. 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 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 is $101,000. The City's special assessment policy indicates a SO/SO cost sharing split between the City and the benefiting properties for seal coat improvements. The estimated assessment based on the estimated project costs and the City's special assessment policy is $65.41 per residential equivalent unit. 3Y5 ACTION REQUESTED Adopt the attached resolution ordering the 2002 Seal Coat project, approvmg the plans and specifications and authorizing the advertisement for bids. Respectfull y submitted, h1~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file 3 c;t;, RESOLUTION NO. R -02 ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS PROJECT 01-02,2002 SEAL COAT PROJECT 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 4th day of March 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, a resolution of the City Council adopted the 4th day of February 2002, fixed a date for a Council hearing on the proposed 2002 Seal Coat Project; and WHEREAS, ten days' mailed notice and two publications of the notice of the hearing was given, and the hearing was held thereon on the 4th day of March, 2002, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report, and the improvement should be made as proposed and not in connection with any other improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 4th day of February, 2002. 3. Plans and specifications prepared by Lee M. Mann, P.E., engineer for such improvement, are hereby approved and shall be filed with the City Clerk. 4. The City Clerk shall prepare and cause to be inserted in the Farmington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvement under the approved plans and specifications. The advertisement shall be published no less than two weeks before the last day for submission of bids in the Farmington Independent and at least once in the Construction Bulletin. The advertisement shall specify the work to be done, shall state that the bids will be opened for consideration publicly at 2:00 p.m. on the 28th day of March, 2002 in the Council Chambers of the City Hall by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the Council, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of each bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of March 2002. Mayor Attested to the day of ,2002. City Administrator SEAL 3<17 lOa- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminsrton.mn.us TO: Mayor, Councilmembers, City Administrator ~I \. FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Vermillion Grove 2nd Development Contract DATE: March 4, 2002 INTRODUCTION The Development Contract for Vermillion Grove 2nd Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Vermillion Grove was approved by the Planning Commission on December 11, 2001 and by the City Council on February 19, 2002. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat. 4. the Developer agrees to construct the sanitary sewer line along the east side of the development that will service various properties along Akin Road adjacent to Vermillion Grove 2nd Addition. The Developer will be responsible for 25% of the costs of the sanitary sewer and the City will reimburse the Developer for the remaining 75% of the sanitary sewer costs. This work will be completed concurrently with the Development work. In the case that the residents along Akin Road do not agree to participate in the sewer project by signing an improvement, assessment and easement agreement by May 1 S\ 2002, the Developer will not be required to construct said sewer improvements. ..3t/C? BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the Vermillion Grove 2nd Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~yn~ Lee M. Mann, P .E. Director of Public W orks/City Engineer cc: file J</r RESOLUTION NO. R -02 APPROVING DEVELOPMENT CONTRACT VERMILLION GROVE 2nd Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 4th day of March, 2002 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R55-00, the City Council approved the Preliminary Plat of Vermillion Grove 2nd; and, WHEREAS, pursuant to Resolution No. R 12-02, the City Council approved the Final Plat of Vermillion Grove 2nd subject to the following conditions. a) The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat or 30 days after the execution of this agreement. d) the Developer agrees to construct the sanitary sewer line along the east side of the development that will service various properties along Akin Road adjacent to Vermillion Grove 2nd Addition. The Developer will be responsible for 25% of the costs of the sanitary sewer and the City will reimburse the Developer for the remaining 75% of the sanitary sewer costs. This work will be completed concurrently with the Development work. In the case that the residents along Akin Road do not agree to participate in the sewer project by signing an improvement, assessment and easement agreement by May 1 st, 2002, the Developer will not be required to construct said sewer improvements. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of March, 2002, Mayor Attested to this _ day of ,2002. SEAL Interim City Administrator 350 DEVELOPMENT CONTRACT AG EMENT dated this 4th day of March, 2002, by, between, and among the City of Farmington, a Minnesota municipal co oration (CITY) and The Rottlund Company, Inc., a Minnesota corporation (DEVELOPER) and Tradition Ventures L.L.C., aM esota limited liability corporation (collectively referred to as DEVELOPER). 1. Request for Plat Aooroval. The Developer has asked the City to approve a plat for Vermillion Grove 2nd Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT), The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Aooroval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat. d) the Developer agrees to construct the sanitary sewer line along the east side of the development that will service various properties along Akin Road adjacent to Vermillion Grove 2nd Addition. The Developer will be responsible for 25% of the costs of the sanitary sewer and the City will reimburse the Developer for the remaining 75% of the sanitary sewer costs. This work will be completed concurrently with the Development work. In the case that the residents along Akin Road do not agree to participate in the sewer project by signing an improvement, assessment and easement agreement by May 1st, 2002, the Developer will not be required to construct said sewer improvements. 3. Develooment Plans and Rieht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - ZoninglDevelopment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: 1 35/ ) This agreement has been fully executed by both parties and filed with the City Clerk, ) The necessary security has been received by the City, ) The plat has been recorded with the Dakota County Recorder's Office, and ) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed, 4. ales Office Re uirements. At any location within the plat where lots and/or homes are sold which are part of this ubdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a oning map or planned unit development plan are displayed, showing the relationship between this subdivision and the djoining neighborhood, The zoning and land use classification of all land and network of major streets within 350 feet of e plat shall be included. 5. a. platted property; b. existing and future roads; c, future phases; d. existing and proposed land uses; and e. future ponds, 6. e uired Public 1m rovements and CSAH 31 Pilot Knob Road Assessments. The Developer shall install and pay or the following: a. S 'tary Sewer Lateral System b. ater System (trunk and lateral) c. S orm Sewer d, S eets e. C ncrete Curb and Gutter f. S eet Signs g. S eet Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The provements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering guid lines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer . hed to the City and approved by the City Engineer, Work done not in accordance with the approved plans and spec fications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of e Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proc eding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an a ceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction wor meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and t the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basi . The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council ch bers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a co plete set of "As Built" plans as specified in the City's Engineering Guidelines. If th Developer does not provide such information, the City will produce the as-built drawings. All costs associated with pro cing the as-built drawings will be the responsibility of the Developer. BeD re the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~50 .02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 2 ~ The parent parcels of Vermillion Grove 2nd Addition have been assessed for improvements to CSAH 31 (Pilot Knob Road). The otallevied assessment amount for the parcels is: Total amount levied: $92,272.07 (as of 12/31/02) cs A P rtion of the levied assessment plus interest becomes due with the final platting of Vermillion Grove 2nd Addition. The amo nt due with Vermillion Grove 2nd Addition will be calculated proportionally based on the area of Vermillion Grove 2nd Add tion being developed in relation to the entire area of the property. The remaining balance of the levied assessment shall rem in levied against the unplatted portion of the parent parcel. The eveloper may elect to pay the assessment in cash at the time of final plat approval or have it prorated and reassessed to the I ts and blocks of Vermillion Grove 2nd Addition. If assessed, the assessments shall be spread over a lO-year period with 6.50 interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reas essments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all proc dural and substantive objections to the special assessments, including but not limited to, hearing requirements and any clai that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available purs ant to M.S.A. 429.081. 7. ime of Performance. The Developer shall install all required public improvements by September 31, 2003 in ccordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an xtension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the eveloper to reflect cost increases. An extension of the security shall be considered an extension of this contract and the xtension of the contract will coincide with the date of the extension of the security. 8. wnershi of 1m rovements and Association Res onsibilities. Upon the completion of the work and construction equired to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public asements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. y streets not lying within public right-of-way shall be owned and maintained by the association. 9. arran. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against oor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground tilities is two years. The warranty period for the streets shall commence after the final wear course has been completed d the streets have been accepted by City Council resolution. The warranty period on underground utilities shall ommence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the eveloper to complete the required testing of the underground utilities and request, in writing, City acceptance of the tilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner hall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees hall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is eleased, Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post aintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) f the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the arranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The ity's Engineering Guidelines identify the procedures for fmal acceptance of streets and utilities. 10. radin Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. otwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the tockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has een furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from e City Engineer. f the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property wners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has pproved the proposed grading changes. 3 3.5'3 11. rosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building ermits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by e City. The City may impose additional erosion control requirements if it is determined that the methods implemented e insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- eeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc chored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the eveloper does not comply with the erosion control plan and schedule, or supplementary instructions received from the ity, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate o control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in dvance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or bligations hereunder, If the Developer does not reimburse the City for any costs of the City incurred for such work within irty (30) days, the City may draw down the letter of credit to pay any costs, No development will be allowed and no uilding permits will be issued unless the plat is in full compliance with the erosion control requirements. he Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also esponsible for a Water Quality Management Fee of $ 2,062 based upon the number of acres in the plat. This fee is due nd payable at the time of execution of this agreement. 12. andsca in . The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished accordance with a time schedule approved by the City. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees, The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. All graded areas, including finish grade on lots, will require a minimum of 4" of black dirt. The responsibility for the installation of black dirt shall not be transferred to homeowners. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to I shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 13. hased Develo ment. The plat shall be developed in one (I) phase in accordance with Plans A-F. No earth moving, onstruction of public improvements or other development shall be done in any subsequent phase until a final plat for the hase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City ay refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. ffect of Subdivision A royal. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof hich has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Mana ement Fee. The Developer shall pay an area storm water management charge of$ 257,543 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the lat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim 4 .36~ 16. etland Conservation and Miti ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as mended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and e Wetlands Mitigation Plan. at the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available ursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon equirements in effect at the time the Development Contracts for those phases are entered into. A Credit in the amount of 17,940 will be given to the Developer for turn lane improvements as constructed as part of Vermillion Grove Phase I mprovements. The net result is a Surface Water Management Fee of$ 239,603. 17. ater Main Trunk Area Char e. The Developer shall pay a water main trunk area charge of $ 51,249 for the plat in ieu of the property paying a like assessment at a later date, The charge shall be assessed against the lots (not outlots) in e plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The ssessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or repaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including y claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise vailable pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon equirements in effect at the time the Development Contracts for those phases are entered into. A credit of$ 28,009 will be iven to the Developer for water main trunk oversizing within the plat. The net result is Water Main Trunk Area Charge if$ 23,240. 18. ater Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$ 109,675 for the plat in lieu of the roperty paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum, The assessment shall e deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any ime. The Developer waives any and all procedural and substantive objections to the assessments including any claim that e assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to SA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in ffect at the time the Development Contracts for those phases are entered into. 19. anita Sewer Trunk Area Char e. The Developer shall pay a sanitary sewer trunk area charge of$ 57,398 for the plat n lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in e plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The ssessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or repaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including y claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise vailable pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid ased upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. ark Dedication. The Developer shall pay a park dedication fee of$ 128,888 in satisfaction of the City's park dedication equirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) ear period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be eemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any ime. The Developer waives any and all procedural and substantive objections to the assessments including any claim that e assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant o MSA 429,081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in ffect at the time the Development Contracts for those phases are entered into. A credit of $ 36,088 will be given to the eveloper for trail construction within the plat. The net result is Park Dedication Fee of $ 92,800. 21. ealcoatin. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to aya fee of $ 7,525 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and ridge Fund upon execution of this Agreement. 22. IS Fees. The Developer is responsible for a Government Information System fee of $ 3,570 based upon the number of ots within the subdivision. 5 .35'5 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean DD. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fIre training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Securi . To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and enalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of 11 public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or lternative security acceptable to the City Administrator, from a bank (security) for $ 2,509,750. The bank and form of the ecurity shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The term fthe security may be extended from time to time if the extension is furnished to the City Administrator at least forty-fIve 45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or erms of the Agreement are not satisfIed, at least thirty (30) days prior to the expiration of a letter of credit, the City may aw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this greement or Default of the Contract. The amount of the security was calculated as follows: rading/Erosion Control anitary Sewer ater Main torm Sewer treet Construction $N/A $ 447,629 $ 390,922 $ 393,462 $ 825,634 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 25,500 $ 124,263 $ 128,609 $ 12,584 $N/A wo Years Principal and Interest on Assessments $ 161,147 his breakdown is for historical reference; it is not a restriction on the use of the security. The Grading/Erosion Control is secured by a separate letter of credit. 27. for Costs. A. e Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but ot limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, ngineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and evelopment of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in onitoring and inspecting the construction for the development of the plat. B. he Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from laims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and evelopment. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses hich the City may payor incur in consequence of such claims, including attorney's fees. C. he Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and ttorney's fees, In the event that the City receives claims from labor, materialmen, or others that have performed work equired by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking ayment from the City, the Developer hereby authorizes the City to commence an Intetpleader action pursuant to Rule 22, innesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of 6 3s'~ e claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, ischarge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District ourt, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D, he Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not aid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) ays shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the ity has the right to draw from the Developers security to pay the bills. 29. rash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all onstruction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer, 30. ortable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as therwise approved by the City Engineer. 31. xistin Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, hich will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative ading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed uring clearing and grubbing operations shall be disposed of off site. 32. evelo er's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the ity may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by e City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this greement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a . cense for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. hen the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. A. his Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer ay not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder hall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third arties shall have no recourse against the City under this Agreement. B, reach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold o third parties. C. f any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, uch decision shall not affect the validity of the remaining portion of this Agreement. D. uilding permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of rosion control devices, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate enoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed til the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, e Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to ublic improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or ird parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous urface before certificates of occupancy may be issued. However, the City Engineer is authorized to waive this equirement when weather related circumstances prevent completion of street projects before the end of the construction eason. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency ehicles at all times when such a waiver is granted. E. ach right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or emedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, nd each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as ften and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any 7 357 G. ompliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, etropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning rdinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, efuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's emand, the Developer shall cease work until there is compliance. ime thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or endment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the arties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce . s Agreement shall not be a waiver or release. F. he Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and at an environmental impact statement is not required. However, if the City or another governmental entity or agency etermines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued om said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the ity incurs in assisting in the preparation of the review. H. his Agreement shall run with the land and may be recorded against the title to the property, The Developer covenants with e City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or as obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; at there are no unrecorded interests in the property being fmal platted; and that the Developer will indemnify and hold the ity harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it der this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. eveloper shall take out and maintain until six months after the City has accepted the public improvements, public liability nd property damage insurance covering personal injury, including death, and claims for property damage which may arise ut of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. imits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; imits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an dditional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days dvance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage ith the City prior to the City signing the plat. J. he Developer shall obtain a Wetlands Compliance Certificate from the City. K. pon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's ash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this ecurity in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall etermine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this etermination may be made without notice to the Developer. It is stipulated that the violation of any term will result in ages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per ay sum stipulated is a reasonable amount to compensate the City for its damages. L. e Developer will be required to conduct all major activities to construct Plans A-F during the following hours of peration: Monday - Friday Saturday Sunday and Holidays 7:00 AM. until 7:00 P.M. 8:00 AM. until 5:00 P.M, Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. 8 3~ N. he Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards ithin their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as utlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. O. bird parties have no recourse against the City under this contract. 33. Notices, Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its emp oyees or agents, or mailed to the Developer by certified or registered mail at the following addresses: J. Michael Noonan Rottlund Homes 3065 Centre Point Drive North Roseville, MN. 55113 Noti es to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certi ed mail or registered mail in care of the City Administrator at the following address: Edward J. Shukle, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 3Scr SIGNATURE PAGE CIT OF FARMINGTON By: Gerald Ristow, Mayor By: Edward J, Shukle, City Administrator DE ELOPER: The ottland Company, Inc. By: Its: Executive Vice President Todd M. Stutz Tra ition Ventures L.L.C. By: Its: Chief Manager Robert H. Enebak City fFarmington 325 ak Street F 'ngton, Minnesota 55024 (651 463-7111 10 c.3~o ST A E OF MINNESOTA) (ss. CO TY OF DAKOTA ) The oregoing instrument was acknowledged before me this day of , 20 by Gera d Ristow, Mayor, and by Edward J. Shukle, City Administrator, of the City of Farmington, a Minnesota municipal corp ration, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STA E OF MINNESOTA) (ss. CO TY OF DAKOTA ) The oregoing instrument was acknowledged before me this day of ,20 by , the co oration under the laws of Minnesota, on behalf of the corporation. of The Rottlund Company, Inc., a Notary Public STA E OF MINNESOTA) (ss. CO YOFDAKOTA) The oregoing instrument was acknowledged before me this day of ,20 by , the limit d liability corporation under the laws of Minnesota, on behalf of the corporation. of Tradition Ventures L.L.C., a Notary Public 11 3~/ EXHIBIT" A" Th t part of the Southwest Quarter of Section 24, Township 114, Range 20, Dakota Co nty, Minnesota, described as follows: Co mencing at the northeast comer of said Southwest Quarter; thence South 00 degrees 15 minutes 30 seconds East (assumed bearing) along the east line of said Southwest Q arter a distance of 1464.84 feet, more or less, to a point 1203.91 feet north of the so theast comer of said Southwest Quarter, said point previously marked by a Judicial La dmark, said point also being the point of beginning of tract to be described; thence So th 83 degrees 14 minutes 23 seconds West a distance of 80.20 feet to a Judicial La dmark previously set; thence North 54 degrees 51 minutes 40 seconds West a distance of 30.25 feet; thence North 35 degrees 08 minutes 20 seconds East to the centerline of C. .A.H. No. 31 (Pilot Knob Road); thence southeasterly along said road centerline to the ea t line of said Southwest Quarter; thence South 00 degrees 15 minutes 30 seconds East alo g said east line to the point of beginning, according to the Government Survey the eof. 12 3G;;~ /06 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: St. Michael's Church Property DATE: March 4, 2002 INTRODUCTION The Heritage Preservation Commission respectfully requests Council to issue a finding that the Church building at 420 Spruce meets the criteria for designation as a Heritage Landmark. DISCUSSION Attached are the Heritage Preservation Minutes from February 21, 2002 requesting Council action on four recommended actions. Also attached is a memo from Robert Vogel giving information for the process. Robert Vogel will be present at the meeting to respond to any questions you may have. ACTION REOUESTED The Heritage Preservation Commission is requesting Council consider the following: 1. Issue a finding that the St. Michael's church building appears to meet the criteria for designation as a heritage landmark. 2. Request 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. 3. Place a 6-month moratorium on demolition/moving permits for all buildings more than 50 years old 4. Authorize a study of the preservation value and reuse potential of religious buildings Respectfully submitted, / ,..--.--.-....~ ~..,...~/..J .--d"'.z~~ e:.,--J Karen Finstuen Administrative Services Manager ...3t:.a MINUTES HERITAGE PRESERVATION COMMISSION FEBRUARY 21, 2002 1. CALL TO ORDER-Chairperson Strachan called the meeting to order at 7:30 p.m. Present: Susan Strachan, Tim Rice, Earl Teporten, Harbee Tharaldson Absent: George Flynn, Beverly Preece Also Present: Consultant Vogel, Administrative Services Manager Finstuen 2. APPROVE AGENDA-as presented. 3. APPROVE MINUTES-were tabled until the next meeting. 4. PUBLIC HEARINGS-None 5. REPORTS-Preservation week is May 12-18'2002. Finstuen will set up a sub-committee meeting of Strachan, Rice and Teporten for planning events. 6. PROJECT UPDATES-None 7. UNFINISHED BUSINESS-None 8. NEW BUSINESS a. April HPC Meeting Date-The HPC's April field trip to the Middle Creek Estate Historic Cemetery was rescheduled to May 16,2002 which is during Preservation Week. b. Parkwood Presbyterian Church Property, 104 Elm Street-A Deacon from the Church was seeking information on upkeep and renovations to the property. They were considering vinyl siding and were seeking information on how to maintain the value and integrity of the building along with increasing its potential as a historically significant building. They were interested in working with the City's consultant from a design standpoint and in ways to finance the project. Vogel stated "there are no other buildings in Farmington that can be recycled as easily as its churches". MOTION by Tharaldson, second by Rice to determine Parkwood Presbyterian Church, 104 Elm Street eligible for designation as a Farmington Heritage Landmark. APIF, motion carried. c. St. Michaels Property, 420 Spruce Street - Consultant Robert Vogel reviewed with commission members the HPC's survey and identification of the Church in that survey. He advised the commission that the property meets the criteria for designation as a Farmington Heritage Landmark and is, therefore, worthy of preservation. The HPC recognized the need for the formation of a reuse study team two years ago and sought authorization for the study in July, 2000. A decision was made administratively to not undertake such a study at that time. Vogel advised that the HPC and its staff should develop a contingency plan for avoiding complete loss if the church must be demolished to make way for redevelopment of the site. The HPC has already approved a demolition permit policy for buildings more than 50 years old that provides for a 10-day waiting period to allow recordation by city staff. This would apply to both the church itself and the vacant residence (convent) on the property. It is standard practice in historic preservation that whenever historic buildings must be removed appropriate strategies should be implemented to mitigate the effects. In 3C,t{ some cases, historic buildings are relocated to new sites with compatible surroundings where they can be preserved and rehabilitated. If demolition must occur, buildings should be recorded so that a body of information (plans, drawings, photographs, written data) can be preserved. Sometimes important architectural elements can be salvaged for museum displays or for recycling in new development. Mitigation measures should be an essential part of the design review and development approval process. In the event the church is demolished and the site is redeveloped, Vogel advised the city needs to take steps to insure that the new construction will not destroy the distinguishing historic character of the surrounding neighborhood. New buildings should be compatible with nearby historic buildings, respecting their size, scale, mass, setbacks, color, and materials. Landscape features such as walkways and trees that have historically linked the church site to the streetscape should also be provided in the new development. Any design standards included as conditions for site plan approval would have to be "reasonable" and explicitly related to stated public policy. One of the concerns should be how would Farmington look with none of the churches in the older residential areas? MOTION by Rice, second by Teporten to take the following actions: 1) Issue a finding that the St. Michael's church building appears to meet the criteria for designation as a heritage landmark 2) Request 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 3) Request City Council action to place a 6-month moratorium on demolition/moving permits for all buildings more than 50 years old 4) Request City Council to authorize a study of the preservation value and reuse potential of religious buildings 5) Request this be placed on the March 4, 2002 City Council meeting agenda for Council approval. APIF, Motion Carried. 9. MISCELLANEOUS-None 10. ADJOURN-Motion made and seconded to adjourn at 10:00 p,m. Respectfully submitted, ~~~~ Karen Finstuen Administrative Services Manager 8~f} MEMORANDUM 22 February 2002 TO: Mayor, Councilmembers, City Administrator Karen Finstuen, Administrative Services Manager FR: Robert Vogel, Preservation Planning Consultant RE: St. Michael's Church Property The Gothic Revival Style St. Michael's Church has been an established and familiar visual feature of the Oak Street residential neighborhood since 1913. Now vacant, it is proposed to be sold to a developer and may be tom down in the near future. City policy places a high priority on the preservation of buildings that possess historical or architectural significance. If the St. Michael's Church is to be preserved or recycled, the city will need to play an active role in resolving the following historic preservation and land use issues before any development project is allowed to proceed: 1. Preservation potential. The city needs to determine if the church property meets the criteria for designation as a Farmington Heritage Landmark and is therefore worthy of preservation. The church is not currently a registered heritage landmark but has been evaluated as worthy of consideration in preservation planning in both the city's historic context study (1995) and the Oak Street neighborhood reconnaissance survey (1998). I believe a case could be made for the significance of the 1913 church on the basis of its distinguishing architectural characteristics. 2. Design review. Assuming that the church will be determined eligible for landmark status, we need to carefully consider what land use controls and preservation regulations will apply to the new development. No HPC "certificate of appropriateness" is required unless the property is designated a heritage landmark by the City Council. However, by ordinance the HPC must be allowed a reasonable opportunity to review and comment on development projects that may impact "a significant historic property" - which I interpret to mean any building with preservation value (regardless of its landmark status) within the visual area of potential effects. In addition to the church itself, two residential properties adjacent to it (409 and 500 Spruce Street) have been identified as possessing "pivotal" significance in the context of the Oak Street neighborhood, and their presence should trigger design review for any rezoning, plat, or conditional use permit. 3. Approach to religious properties. City policy is clear: if a religious property derives its primary significance from architectural distinction or historical importance, it may be considered for heritage landmark designation within the local historic context "Churches and Cemeteries, l860s to 1950s." However, preservation planning for churches and other religious properties can be problematic and the comprehensive plan does not provide much guidance for dealing with church reuse and development .3t;~ issues. The city needs to develop a consensus for the preservation, protection, and reuse of historic religious properties with strategies for dealing with all of Farmington's historic churches. 4. Reuse. In my opinion, the church building has significant potential for adaptive reuse that would allow an efficient modern use while preserving its historic character. I requested formation of a reuse study team for the St. Michael's Church two years ago and the HPC sought authorization for the study in July, 2000. The decision not to undertake a reuse study was made administratively. The city could complete a "quick & dirty" reuse study in-house for about $2,000, provided there was a clear directive from the City Council and support from both the church owner and the developer. 5. Mitiszation. The HPC and its staff should develop a contingency plan for avoiding complete loss if the church must be demolished to make way for redevelopment of the site, The HPC has already approved a demolition permit policy for buildings more than 50 years old that provides for a 10-day waiting period to allow recordation by city staff. This would apply to both the church itself and the vacant residence (convent) on the property. It is standard practice in historic preservation that whenever historic buildings must be removed appropriate strategies should be implemented to mitigate the effects. In some cases, historic buildings are relocated to new sites with compatible surroundings where they can be preserved and rehabilitated. If demolition must occur, buildings should be recorded so that a body of information (plans, drawings, photographs, written data) can be preserved. Sometimes important architectural elements can be salvaged for museum displays or for recycling in new development. Mitigation measures should be an essential part of the design review and development approval process. 6. New construction. In the event the church is demolished and the site is redeveloped, the city needs to take steps to insure that the new construction will not destroy the distinguishing historic character of the surrounding neighborhood. New buildings should be compatible with nearby historic buildings, respecting their size, scale, mass, setbacks, color, and materials. Landscape features such as walkways and trees that have historically linked the church site to the streetscape should also be provided in the new development. Any design standards included as conditions for site plan approval would have to be "reasonable" and explicitly related to stated public policy. At the Heritage Preservation Commission (HPC) meeting on Thursday, February 21, 2002, the commission considered preservation issues pertaining to St. Michael's Church. The HPC took the following actions: . Issued a finding that the St. Michael's church building appears to meet the criteria for designation as a heritage landmark . Requested all parties with an interest in the property to participate in an informal meeting to discuss the preservation value of the church property 3~7 . Requested City Council action to place a 6-month moratorium on demolition/moving permits for all buildings more than 50 years old . Requested City Council to authorize a study of the preservation value and reuse potential of religious buildings 3~$' / I a...- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fannington.mn.us TO: M C '1 b C. Ad" ~\ ayor, ounCI mem ers, lty mmlstrator FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: Set Workshop Date - Ash Street Project DATE: March 4, 2002 INTRODUCTIONIDISCUSSION At the last joint workshop that was held on the Ash Street Project, it was agreed that upon completion of the draft feasibility report, the Township and the City would review the report at separate workshops and then subsequently schedule the next joint workshop for further discussions. The draft report is available for review. In the past, the third Wednesday of the month has been set aside for Council workshops, which falls on the 20th of this month. BUDGET IMPACT None. ACTION REQUESTED Consider setting a workshop for March 20, 2002, to discuss the draft report for the Ash Street project. Respectfully Submitted, ~/VL~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file dc:'c9