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HomeMy WebLinkAbout01.22.02 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA REGULAR CITY COUNCIL MEETING January 22, 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 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (1/7/02 Regular) (1112/02 Special) b) Approve Appointments Boards and Commissions - Administration c) Approve Quit Claim Deed Presbyterian Cemetery - Administration d) Annual Report - Boards and Commissions - Administration e) Capital Outlay - Public Works f) Consider Resolution - Approve CDBG Application - Community Development g) Consider Resolution - Private Development Project Closeout - Engineering h) School and Conference - Police i) School and Conference - Fire Department j) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Customer Service Response Report - Administration b) Consider Ordinance - Approve Rezoning Landscape Depot Property - Community Development c) Hometown Sign Appeal - Community Development d) Building Permit Report - Community Development e) Cable Commission Press Release - Administration Action Taken Approved Approved Approved Information Received Information Received R02-02 R03-02 Information Received I,,{ormation Received Approved Acknowledged Ord 002-468 P. C. Denial Overturned Information Received Information Received 11. UNFINISHED BUSINESS a) Authorize Use of Eminent Domain - Middle Creek Trunk Sanitary Sewer and Watermain Extension Project - Engineering 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION - Labor Negotiations 15. ADJOURN City of Farmington 325 Oak Street Farmington,~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 January 22, 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 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (1/7/02 Regular) (1/12/02 Special) b) Approve Appointments Boards and Commissions - Administration c) Approve Quit Claim Deed Presbyterian Cemetery - Administration d) Annual Report - Boards and Commissio~s - Administration e) Capital Outlay - Public Works f) Consider Resolution - Approve CDBG Application - Community Development g) Consider Resolution - Private Development Project Closeout - Engineering h) School and Conference - Police i) School and Conference - Fire Department j) Approve Bills 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Customer Service Response Report - Administration b) Consider Ordinance - Approve Rezoning Landscape Depot Property - Community Development c) Hometown Sign Appeal - Community Development d) Building Permit Report - Community Development e) Cable Commission Press Release - Administration Action Taken 11. UNFINISHED BUSINESS a) Authorize Use of Eminent Domain - Middle Creek Trunk Sanitary Sewer and Watermain Extension Project - Engineering 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN :6- COUNCIL MINUTES REGULAR January 7, 2002 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Cordes, Soderberg, Strachan, Verch None Andrea Poehler, Acting City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, City Engineer; Karen Finstuen, Administrative Services Manager; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant Brian and Karen Donnelly, Elayne Donnelly, Michelle Leonard, Pat and Darlene Donnelly, Tom Poseley, Bob Donnelly, Anne Raymond, Terry Donnelly 4. APPROPEAGENDA MOTION by Soderberg, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Community Development Kevin Carroll was introduced as the new Community Development Director, effective December 21, 2001. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (12/17/01 Regular) b) Approved Non-Bargaining COLA - Administration c) Received Information Capital Outlay - Fire Department d) Received Information Capital Outlay - Parks and Recreation e) Received Information Capital Outlay - Police f) Approved Street Lighting Installation - Engineering g) Approved Bills APIF, MOTION CARRIED. 9'1 Council Minutes (Regular) January 7, 2002 Page 2 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Annual Organizational Matters - Administration State Law requires the City Council address annual organizational matters at the first meeting of each year. 10a(I). MOTION by Cordes, second by Strachan that Councilmember Verch be designated as Acting Mayor from January 7, 2002 through December 31, 2002. APIF, Motion Carried. 10a(2). MOTION by Soderberg, second by Verch that the Farmington Independent be designated as the official publication from January 7, 2002 through December 31,2002. APIF, Motion Carried. 10a(3). MOTION by Cordes, second by Verch appointing the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 7, 2002 through December 31, 2002. APIF, Motion Carried. 10a(4). MOTION by Soderberg, second by Verch appointing the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of 2002. APIF, Motion Carried. 10a(S). MOTION by Strachan, second by Soderberg that the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, Dain Rauscher, Juran and Moody, Morgan Stanley Dean Witter, Wells Fargo Investments and Salomon Smith Barney be designated as the Official Depositories from January 7, 2002 through December 31, 2002. APIF, Motion Carried. 10a(6). MOTION by Cordes, second by Verch that the City Council By-Laws be approved as presented. APIF, Motion Carried. 10a(7). MOTION by Soderberg, second by Verch that all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2002. APIF, Motion Carried. . 10a(8). MOTION by Strachan, second by Soderberg that the following bonds now on file in the office of the City Clerk be approved: United Fire and Casualty Public Employees Blanket Bond January 1, 2002 through December 31, 2002 $250,000.00 APIF, Motion Carried. 9.5 Council Minutes (Regular) January 7, 2002 Page 3 10a(9). RESOLUTION NO. R llO-OI Establishing Fees and Charges for licenses and permits for 2002 was adopted December 17, 2001. 10a(10). Appointments to Boards and Commissions - Candidates will be interviewed January 12, 2002 and appointments will be made at the January 22, 2002 Council meeting. It was decided to interview new applicants only. Incumbents will be reappointed. 10a(ll). MOTION by Ristow, second by Cordes, to appoint Councilmember Strachan as the primary and Councilmember Soderberg as the alternate representative to the ALF Ambulance Board. APIF, Motion Carried. 10a(12). MOTION by Soderberg, second by Strachan to appoint Councilmember Verch as the City's representative to the CEEF Committee. APIF, Motion Carried. 10a(13). MOTION by Cordes, second by Verch acknowledging the designation of Councilmember Soderberg, Staff member Kevin Carroll, and Planning Commission Member Todd Larson, on the Joint Farmington/Empire Planning Board. APIF, Motion Carried. 10a(14). MOTION by Verch, second by Strachan acknowledging the designation of Councilmember Cordes, and Councilmember Soderberg, and Staff member Ed Shukle, on the Multi-Jurisdictional Committee, Ash Street/Prairie Waterway Phase III APIF, Motion Carried. 10a(15). MOTION by Verch, second by Soderberg to appoint Councilmember Strachan as Council's representative to the Chamber of Commerce and Councilmember Cordes as an alternate. APIF, Motion Carried. b) Communication from Charter Communications -Administration Due to an increase in business costs, effective February 1, 2002 service for Broadcast Basic will increase to $13.59/month. Expanded basic will increase to $29.36/month. c) Communication from Metropolitan Council- Administration The Metropolitan Council is working on a Master Wastewater Service Plan. Recommendations include expanding the Empire Wastewater Treatment Plant and to discontinue discharge of wastewater to the Vermillion River. A public hearing is scheduled for January 29, 2002. d) League of Minnesota Cities Leadership Conference - Administration The League of Minnesota Cities Leadership Conference for Experienced Officials will be held February 15-16,2002. 9~ Council Minutes (Regular) January 7, 2002 Page 4 e) 97 Proposed Traffic Signal - 3rd Street and CSAH 50 (Elm Street) - Engineering Dakota County has recommended the installation of a traffic signal at the intersection of3rd Street and Elm Street. In the summer of 2003, the State will be closing TH3 at the bridge immediately north of Hwy 66. A detour route will be established on CSAH 50. This prompted a study of the area to review the possible impacts. As a result of this study and on the current and predicted traffic conditions at this intersection, Dakota County is recommending the installation of a traffic signal on the corner of 3rd Street and CSAH 50. Several changes to the geometry and layout of the intersection are needed as follows: 1. Widening is needed for the northwest and northeast corners of the intersection to provide a greater turning radius that can better accommodate trucks turning to and from the north approach of 3rd Street. Centerline striping is needed along 3rd Street to define the lanes and allow queuing for the signal in the proper locations. A minimum of four parking stalls will need to be removed on the east side of 3rd Street, south of CSAH 50 to allow for queuing of the right turn movement at the proposed signal. Parking on the east side of 3rd Street, north of CSAH 50 will need to be restricted within 50' of the corner and will have to be changed from diagonal to parallel parking in order to minimize conflicts between parked traffic and traffic turning north onto 3rd Street. 2. 3. 4. Funding for this project will be shared by Dakota County, MnDOT, and the City of Farmington. Total costs for the proposed signal are estimated at $135,000. The cost allocation per County policy is 50% County / 50% City after the MnDOT contribution is deducted. Therefore, allocations would be MnDOT $40,000, Dakota County $47,500, and the City $47,500. Construction will begin in 2002. Councilmember Strachan was concerned with the loss of 4 parking spaces downtown. City Engineer Mann stated the County Traffic Engineer wanted to allow for stacking distance for right turns. Also at an intersection with signals, they need to clear the intersection to minimize distractions and for sight distances. Councilmember Strachan stated this is a huge benefit for allowing time to enter and exit City Center. Councilmember Cordes was concerned about the parallel parking on the east side of Third Street, north of Elm Street. City Engineer Mann stated there is a distance of 50 - 75 feet the County suggested for parallel parking rather than diagonal parking so cars would not be backing out into the intersection. Councilmember Soderberg stated he would prefer to have the striping for the turn lanes only and not have striping all the way to Oak Street. Mayor Ristow asked if there would be left turn lanes available. City Engineer Mann stated on Third Street there would be a combined through / left going north Council Minutes (Regular) January 7, 2002 Page 5 with a right turn lane. Southbound would be similar. On Elm Street there is a dedicated left turn lane, so there would be a combined through / right turn on Elm Street. City Engineer Mann will have to discuss with the Traffic Engineer whether there would be left turn arrows on the signal. MOTION by Soderberg, second by Cordes approving entering into an agreement with Dakota County for the installation of a traffic signal with the associated geometric alterations at the 3rd Street and CSAH 50 (Elm Street) intersection. APIF, MOTION CARRIED. t) Vermillion River - Memorandum of Understanding - Engineering Metropolitan Council Environmental Services is in the process of implementing a project that would accomplish the expansion of the Empire Wastewater Treatment Plant. Based on the surrounding communities' current comprehensive plans, the treatment plant will be at capacity sometime around 2005-2006. The Minnesota Pollution Control Agency who has the authority to grant the permit to expand the plant, has indicated that the issue of storm water runoff into the Vermillion River needs to be addressed before a permit will be issued. The Cities that utilize the Empire plant will need to have storm water ordinances and regulations in effect that meet the criteria of the MPCA's model storm water ordinance, before the MPCA will issue the permit for the plant expansion. The main component that is absent from the City's ordinances is a shoreland ordinance. Met Council staff has suggested that the cities involved enter into a Memorandum of Understanding regarding Storm Water Management for the Vermillion River. The MOU would indicate a commitment on the part of the cities involved to adopt and implement a storm water management program that is consistent with the draft Vermillion River Watershed Plan. Council agreed that a final draft of this type of Memorandum of Understanding would be acceptable for future Council review and potential approval. MOTION by Soderberg, second by Cordes authorizing staff to initiate the drafting of a shoreland ordinance. APIF, MOTION CARRIED. g) Vermillion River - Proposed Trout Stream Designation - Engineering The DNR is proposing to extend the trout stream designation of the Vermillion River from its current terminus in downtown Farmington, to Highway 52. The changes in designation may have significant legal, regulatory and economic impacts on the City's plans and systems, developers and residents within the Vermillion River Watershed. Changes to surface Water Management Plans and permit requirements should be clearly spelled out before the designation takes effect so that the cities, developers, residents and others can comment. It is strongly recommended the DNR work with local governments to identify the legal, regulatory and economic impacts of the designation and assist in developing solutions before the designation takes place. MOTION by Soderberg, second by Strachan authorizing staff to draft a request to the Department of Natural Resources that the decision to designate further reaches of the Vermillion River 7<:6 Council Minutes (Regular) January 7, 2002 Page 6 be deferred until the implications of the designation are clearly identified and solutions to related concerns are developed. APIF, MOTION CARRIED. h) Authorize Use of Eminent Domain - Middle Creek Trunk Sanitary Sewer and Water Main Extension Project - Engineering At the November 5, 2001 City Council meeting, the Council accepted the feasibility report, ordered plans and specifications and authorized the advertisement for bids for the Middle Creek Trunk Sanitary Sewer and Water Main Extension Project. The sewer and water main project will require that the City acquire easements from two adjacent properties owned by the Donnelly's. In order to insure that the easements can be acquired to commence construction of this project in the time frame necessary to serve the new elementary school, it is recommended that the Council authorize staff to initiate eminent domain proceedings. It is staff's goal to negotiate the right-of-way acquisition with the property owner, thus making the use of the City's power of eminent domain unnecessary. However, if negotiations become protected and the City has not initiated eminent domain proceedings, it will be too late to acquire the right-of- way to allow the improvements to be constructed this year in time for the opening of the new school. Mayor Ristow asked if the school board is looking at the same property and are there two negotiations going on? City Engineer Mann replied the proposed improvements are to serve the new elementary school. As far as the properties the City is looking to acquire to construct the utilities, the school district is not looking to acquire those same properties. The bids are tentatively set to be taken January 24, 2002. There would be some winter construction. A portion of the project does not need easements, so it is possible construction could start in February. Negotiations have been going on with the property owners for the last 1 1/2 months. A settlement has not been reached. Councilmember Cordes stated she is not a big fan of eminent domain, but understands it is necessary in some projects. She would like assurance the City will continue to negotiate before they enact eminent domain. Councilmember Strachan asked if the decision for eminent domain is made, can staff provide the actual dollars that are being negotiated up to that point? Attorney Poehler replied yes. Mayor Ristow stated eminent domain would only be exercised if the project fails to start. City Engineer Mann replied the intent of eminent domain is only to allow the project to start on time. Negotiations on the easements will still continue and are open for settlement. Mr. Bob Donnelly, 20080 Flagstaff Avenue, stated they found out about the eminent domain coming before Council Friday afternoon. This was not enough time to contact their attorney and discuss arguments for and against it. Negotiations with the City started October 15,2001. Mr. Donnelly asked if there is legal notification? Attorney Poehler stated there is a legal process and the City q9 Council Minutes (Regular) January 7, 2002 Page 7 is doing exactly that. This is a formality for the Council to authorize quick take proceedings if it becomes necessary. There will be other opportunities to challenge the quick take through the legal process and the Donnelly's would be notified. Mr. Donnelly then asked why are we discussing sewer and water for a project that is 20% done? Isn't sewer and water done before construction starts? City Engineer Mann stated it is typical during a project process that trunk facilities are built during development or shortly before development occurs. Trunk facilities have to be installed before Certificates of Occupancy are issued. It is difficult to design sewer and water plans until the grading plans are finalized. Once the grading plans were finalized, the City was able to finalize their plans. This is consistent with policy and other developments. Mr. Donnelly asked what happened to the original plans where the water would come through Charleswood instead of the Donnelly property? City Engineer Mann replied there was a point in the development of the school project where it was discussed whether there needed to be street access between Charleswood and the new school. At one time Charleswood would provide one lot to be used as street right-of-way. When the school determined they would not be developing the southerly area for some time, the school decided they did not need to retain an access through Charleswood. When the access was being planned, it was discussed having a water main loop through that area. Once the access went away, that option was no longer looked at. The City then looked at making the connection to the two trunk water mains, one to the south in Charleswood and one in the southwesterly corner of the Troy Hills development, on the north end of the school project. Mr. Donnelly stated he remembers what went on with the water and sewer plans differently. There were prolonged discussions with the school over the past year and the Donnelly's told the school they did not want water and sewer access to their land. That is why the Nordseth property would not work for them. Why did the access change? Why not go with the original plan? Why weren't the Donnelly's notified when the plans were changed so they could have been more involved? City Engineer Mann stated he was aware there were discussions as to whether there could be street access from the south, extending 200th Street through the Donnelly's property. Regardless of whether or not there had been an access for water through Charleswood, the City would still have to connect northerly through the Donnelly property to the water main at the southwest corner of the Troy Hills development. The easement is on the easterly portion of the Donnelly property, westerly of Charleswood, just south of the school district property. Mayor Ristow asked how much land is involved? City Engineer Mann replied the easement to the south is approximately 3,000 sq. ft. The amount to the north is slightly more than 1/2 acre. Mr. Donnelly stated he thought the easement to the 1cx:J Council Minutes (Regular) January 7,2002 Page 8 north was 77,000 sq. ft. City Engineer Mann replied when staff first contacted Mr. Donnelly, the 195th Street project and the utility project were looked at as one as they are in the same area. As part of the 195th Street project the City is looking at acquiring the right-of-way all along the north side of the 195th Street project to the ultimate right-of-way width which is 60 feet. When the City talked with Mr. Donnelly originally, they were talking about the entire roadway right-of-way which would have included the water main easement. At this time, since the roadway is a County Road, if there is any acquiring of right-of-way the County will have to do that. The only right-of-way the City is looking at from the standpoint of eminent domain is just the easement necessary to construct the water main. Mayor Ristow asked when the last discussions were held with Mr. Donnelly? City Engineer Mann replied at the beginning of December he indicated to Mr. Donnelly he would need a decision by December 31. City Engineer Mann stated he did not feel there was any confusion as to what easements were needed. Mr. Donnelly stated Mr. Ohl promised the school had the water. Why are we discussing condemnation now instead of getting all the benefiting properties involved to sit down and talk? The Donnelly's have asked the school several times to talk with them and the school has refused. The Donnelly's want to work this out with the school. Then if they cannot agree, bring it to the Council. Mayor Ristow stated if it is a trunk facility provided by the City for public hookup, for the school, the school would not have anything to negotiate. The property is owned by the City. City Engineer Mann stated the school district came to the Council and requested the improvements be installed. The Council agreed to install the improvements within a timeframe that would allow the school to open. The reason for this request is to ensure staff can provide these services. Mr. Donnelly stated anyone who wants to develop north of them has always asked if they could run water and sewer. If it weren't for the school, there would be no trunk line there. This could be solved easily if Council would suggest a meeting between the Donnelly's, the school, and the City and table this item until the next Council Meeting. Mr. Donnelly then mentioned the land is in ag preserve. According to the Met Council there are problems getting it out of ag preserve. He received information from the Met Council stating construction projects for public sanitary sewer systems and public water systems benefiting land and buildings in ag preserve shall be prohibited. Attorney Poehler stated there are exemptions that will allow for portions of less than 10 acres to be removed from ag preserve. Mr. Donnelly stated he was aware of those provisions. In talking with the Met Council he was told this has been tried before. Mr. Donnelly would like to meet to settle the issue without eminent domain. If Council agrees to eminent domain the school is free and clear. Mr. Donnelly wants protection for their farm. Councilmember Soderberg asked if the design of the trunk facility the least intrusive on the Donnelly property? City Engineer Mann stated it is the least 10/. Council Minutes (Regular) January 7, 2002 Page 9 intrusive they could make it. It is along the property line. There will be sanitary sewer to the east of it. In the north it is in the area that in the future would be County right-of-way and close to the southerly edge of the Donnelly property. There are no manholes for water main and for the most part would not affect the surface of the land. The project does affect the yield of the land and in the past the City has compensated farmers on a prorated basis for crop loss. Councilmember Soderberg asked if a delay in action would cause concern for finishing the project on time? City Engineer Mann replied the project can be built whether the easements are settled next week or if the City has to go through the 90 day process of quick take. If the project is prolonged, there are potential additional costs to the project. If it takes too long, the project will not be done in time to get the school open. Councilmember Cordes asked if Council postponed the decision until January 22, 2002 would that work within the time frame? City Engineer Mann replied we could handle two weeks. The deadline for the project is July 31, 2002. Mr. Donnelly stated they would be happy with postponing the decision for two weeks to meet with the school. If not able to reach an agreement, then proceed with eminent domain. Councilmember Cordes stated Council cannot force the school to meet with the Donnelly's. Mayor Ristow stated if there is no agreement, Council will have to approve eminent domain. Staff will arrange a meeting between the School, the Donnelly's, and the City. The decision was postponed to January 22, 2002. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Mayor Ristow welcomed Representative Ozment to the meeting. Representative Ozment stated it was a pleasure to watch grass roots in action. He welcomed Community Development Director Carroll to Farmington. Regarding the train whistles, Council has worked hard to obtain some flexibility from the railroad. A new law was passed to allow communities to establish quiet zones. They are close to establishing guidelines for this new law. He will help in anyway he can to establish quiet zones and still maintain safety. Mayor Ristow stated some engineers have shown some respect. Representative Ozment stated some whistles are activated by computer, rather than by the engineer. The legislative session will start January 29, 2002 and if there are any issues, the City or Council should let him know. He will follow up with the trout stream designation. Councilmember Strachan commented on the property tax changes. The legislature's goal was to make City government finances more transparent with the removal of aid. The City welcomed that and he likes the property tax formula change. The aid to local government continued at a high rate for out-of-state cities, which can be perceived as unfair. He asked that Representative Ozment continue to work on that. /~ Council Minutes (Regular) January 7, 2002 Page 10 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:44 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/r7~ Cynthia Muller Executive Assistant /03 COUNCIL MINUTES BOARDS AND COMMISSION INTERVIEWS JANUARY 12,2002 1. CALL TO ORDER The meeting was called to order by the Mayor at 8:15 a.m. 2. ROLL CALL Members Present: Ristow, Cordes, Soderberg, Verch. 3. INTERVIEWS The City Council interviewed six new applicants for seats on various Boards and Commissions. Incumbents were not interviewed. Recommendation for appointment was made and will be ratified at the January 22, 2002 Council meeting. 4. ADJOURN Motion by Cordes, second by Soderberg to adjourn at 10:44 a.m. Respectfully submitted, ~#~ Karen Finstuen Administrative Services Manager /0'/ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /b TO: M C '1 b C' Adm" s: r. ayor, OunCl mem ers, Ity lIDstrator FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Appointments to Boards and Commissions DATE: January 22, 2002 INTRODUCTION / DISCUSSION The City Council, at a special meeting held January 12,2002, interviewed and proposed the following appointments to Boards and Commissions: Seat Applicable Term New Appointment Heritage Preservation 1) 2/1/02-1/31/05 George Flynn 2) 2/1/02-1/31/05 Earl T eporten Parks & Recreation 1) 2/1/02-1/31/04 Dawn Johnson 2) 2/1/02-1/31/04 Debra Ruth 3) 2/1/02-1/31/04 Randy Oswald Planning Commission 1) 2) 3) 2/1/02-1/31/04 Ben Barker 2/1/02-1/31/04 Todd Larson 2/1/02-1/31/04 Bob Heman 105 Senior Center 1) 2) 2/1/02-1/31/05 Sarah Miller 2/1/02-1/31/05 Charles Weber Water Board 1) 2/1/02-1/31/05 Tom Jensen Upon approval of the City Council the applicants will be notified by letter and will receive an Oath of Office and Certificate of Appointment. ACTION REQUIRED Approve the appointments to the various Boards and Commissions for the above stated terms. Respectfully submitted, ~B~ Karen Finstuen Administrative Services Manager ICJc:' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 76 TO: M C '1 b C' Adm" <J" ayor, OunCl mem ers, Ity lIDstrator FROM: Matt Brokl, Assistant City Attorney SUBJECT: First Presbyterian Church of Farmington - Cemetery Transfer DATE: January 22, 2002 INTRODUCTIONIDISCUSSION At a recent Council Meeting, the Council considered the acceptance of the "Presbyterian Cemetery" from the First Presbyterian Church. The matter was tabled in order to allow the City Attorney to investigate whether this cemetery was "abandoned" under State statutes such that the County would rightly have jurisdiction and responsibility for the cemetery. My research reveals that the cemetery is owned by the church and is therefore not "abandoned." The City is therefore the proper entity to receive the cemetery. With your approval I ordered a report disclosing the legal owner of the property. The report disclosed the legal owner to be the First Presbyterian Church of Farmington. ACTION REOUESTED The Church has executed a Quit Claim Deed to the City that should be accepted by the City by motion. Respectfully submitted, }?7=:-U b~ ~ Matt Brokl Assistant City Attorney 107 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7e1 TO: Mayor, Councilmembers, City Administrator t!{. \ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Annual Report - Boards and Commissions DATE: January 22, 2002 INTRODUCTION Section IX of Council By-laws calls for the submittal of a report stating the number of meetings and the attendance records for various Board and Commission members. DISCUSSION The 2001 attendance record for all seats on City Boards and Commissions is as follows: HERITAGE PRESERVATION COMMISSION Bev Marben - Present 2 out of 4 meetings (resigned 8/01) Harbee Tharaldson - Present 4 out of 4 meetings Cheryl Thelen - Present lout of 4 meetings (resigned 12/01) Beverly Preece - Present 4 out of 4 meetings . Glenn Leifheit - Present 0 out of 4 meetings (resigned 12/01) Susan Strachan - Present 4 out of 4 meetings George Flynn - Present 3 out of 4 meetings Tim Rice - Present 2 out of 4 meetings (appointed 8/01) HOUSING AND REDEVELOPMENT AUTHORITY Kevan Soderberg - Present 7 out of 9 meetings Yvonne Flaherty - Present 8 out of9 meetings Sherry Lamb - Present 9 out of 9 meetings Todd Arey - Present 9 out of 9 meetings Nick Roberts - Present 9 out of 9 meetings PARKS AND RECREATION ADVISORY COMMISSION Paul Gerten - Present 9 out of 10 meetings Dawn Johnson -.Present 9 out of 10 meetings Randy Oswald - Present 9 out of 10 meetings Brian Feldt - Present 8 out of 10 meetings (resigned 12/01) Lew Wurdeman - Present 10 out of 10 meetings 10:6 PLANNING COMMISSION Chaz Johnson - Present 14 out of 15 meetings Dirk Rotty - Present 15 out of 15 meetings Ben Barker - Present 14 out of 15 meetings Todd Larson - Present 14 out of 15 meetings Dan Privette - Present 10 out of 15 meetings (resigned 12/01) WATER BOARD Robert Shirley - Present 11 out of 12 meetings Jeff Krueger - Present 11 out of 12 meetings Tom Jensen - Present 12 out of 12 meetings SENIOR CENTER ADVISORY COUNCIL Amy Jensen - Present 6 out of 12 meetings Chris Common - Present 8 out of 12 meetings Frances Jones - Present 9 out of 12 meetings (resigned 12/01) Oil Anderson - Present 8 out of 12 meetings Grace Anderson - Present 10 out of 12 meetings (resigned 12/01) Marilyn Weinhold - Present 5 out of 12 meetings (resigned 7/01) Sarah Miller - Present 8 out of 12 meetings Beverly Preece - Present 2 out of 12 meetings (appointed 9/01) ACTION REOUESTED This report requires no action, it is for information only. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager Cc: Board and Commission members /CJ? City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7e TO: Mayor, Councilmembers, City Administrator ~ \ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Public Works Capital Outlay DATE: January 22, 2002 INTRODUCTION The 2002 Budget provides for the acquisition of a 4WD pickup truck for the Public Works Department. DISCUSSION The pickup truck has been acquired through the State bid process, which eliminates the requirement to obtain several quotes. The cost of the pickup truck through the State bid from Grossman Chevrolet is $25,307.56 including tax. BUDGET IMPACT The 2002 Budget allows $30,687.00 for the pickup truck. The actual cost is within the budgeted amount. ACTION REQUESTED For information only. Respectfully submitted, ~}V;~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file /10 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IF TO: . ~( Mayor, Councilmembers and City Administrator . - FROM: Kevin Carroll, Community Development Director SUBJECT: 2002 Community Development Block Grant Application DATE: January 22, 2002 INTRODUCTION The City has $54,126 in Community Development Block Grant [CDBG] funds available for CDBG Program Year 2002 [July 1, 2002 through June 30, 2003]. To secure the grant money that is available, the City must prepare and submit an application that specifies eligible activities or projects to which the City intends to apply the available funding. The completed application must be submitted to the Dakota County Community Development Agency [CDA] by January 31, 2002, or as soon thereafter as possible. DISCUSSION Background information regarding this matter can be found in the attached Memos from the CDA dated October 26,2001 and December 5, 2001. In order to obtain the available CDBG funds, the City must complete and submit an application, as it has done in past years. The application must identify the project(s) for which the CDBG funds will be used, and the specific project activities to which the funds will be applied. CDBG funds can only be used for "eligible" projects or activities that satisfy certain "National Objectives." Typically, such objectives include redeveloping slums or blighted areas, creating or improving housing that benefits individuals who fall within "low to moderate income" guidelines, or creating jobs that pay wages that fall within certain ranges. At the HRA meeting that was held on January 14th, the Board discussed a wide variety of projects or activities that could potentially be included in the 2002 CDBG application. At the conclusion of that discussion, the HRA members unanimously indicated a desire to have the following projects/activities included in the application: 1. "Downtown Imorovement Program": It is my understanding that prior to his departure, Dave Olson had initiated discussions with the HRA .. 1/1 and with a local lender regarding the possibility of creating some type of low-interest loan fund that could be used by local businesses to finance certain types of improvements. The HRA members indicated that they would like to further explore this possibility, in the belief that the existence of such a fund might provide commercial property owners with an additional incentive to improve the aesthetics and/or functionality of their establishments. Any such improvements might improve the appearance of the business district and (by increasing the value of the improved properties) enhance the City's tax base. My contacts at the CDA indicate that CDBG funds have been used for this type of loan program in other Dakota County communities. Care must be exercised in structuring the program in order to ensure that the CDBG money invested in the program is used for eligible activities (as defined by HUD and/or by the CDA). The most clearly eligible improvements would include any that remedied existing Code violations and/or that addressed safety issues. The potential eligibility of purely cosmetic changes would have to be discussed with the CDA in more detail. CDBG funds could be used in such a loan program in a variety of ways. For example, CDBG money could be used to "buy down" the interest rate on loans provided through a commercial lender, or it could be used as "seed money" for the creation of a revolving loan fund administered by the City. The final format of the program has yet to be decided, but "earmarking" CDBG money for the program should expedite the finalization of any unresolved administrative details. 2. Commercial Develooment/Redevelooment Plan: I have attached, for reference, the first few pages of a 1990 document entitled "Farmington MN Redevelopment Plan." To the best of my knowledge, this document has never been "formally" reviewed or updated since it was adopted by the City Council in 1990 or 1991. Many things in Farmington have changed (physically and otherwise) during the last decade. During that period there have also been numerous changes with respect to county, state and federal guidelines/laws related to municipal development, redevelopment, rehabilitation, tax increment fmancing, tax rates and tax capacity calculations, and other relevant subject areas. At their meeting on January 14th, the HRA members agreed that the 1990 Redevelopment Plan should be reviewed and updated. Although City staff members could do some of the work that would be needed to update the Redevelopment Plan, the City would probably need to retain a consultant to handle other aspects of the project. The City and Hoisington Koegler Group, Inc. have successfully used this type of ''work- sharing" arrangement in connection with the Zoning and Subdivision Code lit?? Update. The City could continue that relationship by retaining the same firm to handle the Redevelopment Plan Update. The City also could promulgate a Request for Proposals and see what types of responses are received from other local planning firms. Given the fact that the CDBG funds will not become available until after July 1, 2002, the City has plenty of time to explore its options and negotiate a contractual arrangement with a planning consultant. At this point, I'm seeking nothing more than the City Council's consent to allocate a specific amount (see below) of CDBG funding to this endeavor, with the understanding that the HRA and the Council will have opportunities to review and approve the scope, cost and handling of the project at a later time. 3. "Middle Creek Historic Cemeterv": I have attached a copy of the latest issue of the Farmington Historic Preservation Reporter, which provides background information regarding the rural cemetery that is located adjacent to the proposed Middle Creek Estates subdivision. The City and the developer have agreed to share the cost of establishing the boundaries of the cemetery and erecting a fence around it, given its actual or potential historic significance. The HRA members have indicated a desire to devote some CDBG funds to the City's share of the fencing cost(s). "Non- residential historic preservation" projects are potentially eligible activities under Dakota County CDA and HUD guidelines. The HRA members indicated that City staff should make a recommendation to the City Council regarding how the available 2002 CDBG funds in the total amount of $54,126 should be divided up and allocated to the three projects described above. My preliminary recommendation in that regard is as follows: Downtown Improvement Project: Redevelopment Plan Update: Middle Creek Estates Cemetery: $35,000.00 15,000.00 4.126.00 Total: 554,126.00 I have attached a proposed Resolution that has been prepared in the format required by the Dakota County CDA. The application form itself will be finalized and attached to the Resolution as soon as the Council has indicated its acceptance (or decided upon a modification) of the recommendations outlined above. BUDGET IMPACT None. 1/3 ACTION REOUESTED Motion to approve/adopt the attached Resolution approving the City's application for fiscal ye 2002 Community Development Block Grant funding. cc: Ed Shukle, City Administrator //'-1- RESOLUTION NO. R -02 APPROVING THE APPLICATION OF THE CITY OF FARMINGTON FOR FISCAL YEAR 2002 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 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 22nd day of January 2002 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: BE IT RESOLVED by the City Council of the City of Farmington as follows: 1. The City Administrator is authorized to submit the attached application to Dakota County for a Community Development Block Grant in Fiscal Year 2002. 2. The application is approved by the City Council, and the Mayor and City Administrator are authorized to execute it on behalf of the City of Farmington. 3. That the Dakota County CDA be designated as the administrative entity to carry out the program on behalf of the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 22nd day of January 2002. Mayor Attested to the _ day of ,2002. City Administrator SEAL //5 CDlL\. Dakota County . Community Development Agency . . . . . . . . . . . . . . . . . . . . . . MEMORANDUM ~"""~ r ~l~~ DATE: October 26, 2001 RE: Dave Olson City of Farmington I~ Lee Smith~:,l-f~ ,;/~ 2002 Dakota County CDBG Program Application TO: FROM: cc: Enclosed are application materials for the Dakota County Community Development Block Grant Program for Program Year 2002. The Program Year for these funds begins July 1,2002. The application form can be provided to you in as a WORD document electronically. To request an electronic transmission of the form, please contact me. We will also be making it available on-line at our web site, www.dakotacda.org. The funding amount for 2002 is not known. We suggest that you use the 2001 amouI:1t, which was $56,927 for Farmington, in preparing the application. Call me at (651) 423-8113 if there are questions or comments. 2496 145th Street West · Rosemount, MN 55068 tel 651-423-4800 fax 651-423-1273 TOO 651-423-8182 /Ic, CD~ Dakota County Community Development Agency . . . . . . . . . . . . . . . . . . . . . . ~ MEMORANDUM ~~~j~J,...tj f..-( ,A/ ~ DATE: December 5, 2001 RE: Ed Shukle City of Farmington Lee Smith~' FY 2002 CDBG Program TO: FROM: cc: Dan Rogness We have been informed that the FY 2002 Community Development Block Grant Program funding for Dakota County will be $2,058,000. The allocated amount for District 4 will be $304,080, and Farmington's share of this will be $54,126. Decreased funding nationally, more set-asides ofCDBG funding prior to allocation to grantees, and increased costs of administering the program have combined to bring about nearly a 5% reduction from the 2001 allocation amount. At this time we also want to advise you of a new policy recently announced by the Department of Housing and Urban Development relating to the requirement to expend CDBG funds in a timely manner. As you may recall, CDBG grantees are allowed to carryover no more than 1.5 times the prior year's grant amount from one Program Year to the next. In the past HUD has not penalized grantees failing to meet this standard only by requiring that they develop a plan and enter into an agreement as to how to improve their spend-down rate. Effective in 2002, HUD will actually reduce the next grant amount for any grantee failing to meet the timely spending requirement when it is tested 60 days prior to the end of the grant year. For example, if Dakota County failed to have expended enough CDBG funds so that the balance of unexpended CDBG funds allocated to the County was less than the required level at the end of April, 2002, HUD would reduce the 2002 County funding by 21 %. We do not believe that Dakota County's program is in danger of being penalized for the 2002 Program Year. However, the imposition of this immediate financial consequence for failing to expend funds in a timely manner does pose a threat for future funding, unless all Dakota County CDBG Program users make a diligent effort to select projects that will be able to proceed in a timely manner, and promptly request funds when expenses are incurred. Please call me at (651) 423-8113 if there are questions or comments. . 2496 145th Street West · Rosemount, MN 55068 teI651-423-4800 fax 651-423-1273 TOO 651-423-8182 //7 ", ,_. _ .{~\\\,\J -- /~~~.:;::\ ~~'~--_. ar:=ARMINGTON, MN; I i ~edevelopment _ Jrf -1-,--- ~Ian .......,.IIf,. >l ~ ,. _ - -, _ r---I ~ ; ~ . . f:' .i - )ljl~I'; '11.! , H '.""', t.: ~ REDEVELOPMENT PLAN FOR FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY CITY OF FARMINGTON, MINNESOTA FEBRUARY 8, 1990 PREPARED BY: CHARLES TOOKER, CITY AND TOWN PLANNING CANNON FALLS, MINNESOTA APPROVALS: ADOPTED - HOUSING AND REDEVELOPMENT AUTHORITY RECOMMENDED FOR ADOPTION - PLANNING COMMISSION ADOPTED - CITY COUNCIL 1/9 I. INTRODUCTION If A fundamental aspiration of most central business districts is to achieve a higher economic statuS, based upon a larger and stronger collection of business facilities than currently exists. Downtown is the urban center. It is the place where ingredients of contemporary communities reach the highest pitch and concentration. As such, it becomes the appropriate location for facilities that are intended to serve everyone. In addition, downtown is the symbol of a city in the mind's eye of both city residents and outsiders. The community image ebbs and flows according to the reputation of the downtown. If the core area fails to project a favorable impression, the community also suffers. The only direct way to satisfy these basic requirements of economic primacy, urban center and community symbol is to increase the volume of people within the downtown area. This can be accomplished if obsolete uses and buildings are replaced by useful and attractive fully occupied structures in the area near the intersection of Third and Oak Streets known as the downtown. Immediately to the north and northeast of downto,va is an area of residential and industrial land which needs definition and restructuring to provide more intensive housing opportunities and expansion potential for existing industry. An area of approximately two hundred forty (240) acres west of downtown will be used as a relocation resource for industries both in Farmington, and those that decide to come to the community. II. PURPOSE The Redevelopment Plan, hereinafter the "Plan", a reV1.S1.on which updates of the original Plan dated December, 1974, and prepared as the basic document for the guidance of renewal and development within the Farmington Redevelopment Project Area. The document is a guide for the City of Farmington, Minnesota, herein known as the "City" and the Housing and Redevelopment Authority for the City of Farmington, Minnesota, herein known as the IIAuthority" in the performance of redevelopment and rejuvenation activities. Redevelopment and rejuvenation in accordance with this Plan is considered essential for the correction and improvement of seriously blighted portions of the central area of the City of Farmington and for the prevention of blighting conditions and causes. "1 i I \ ,: ! .i I" I I Outside the central area, blighting results from a combination of soil contamination, underutilized buildings, abandoned railroad facilities, flooding and a high water table. These areas have been included within the project area because soil cleanup, removal of substandard facilities and dewatering while installing utilities add significant development costs. Because of their location, these areas are critical to both economic and industrial development within the City. III. DESCRIPTION OF PROJECT A. Boundaries of the Redevelopment Area The Renewal Area is shown on the plate which identifies both the original and the expanded project boundaries, hereafter designated the IIproject mapll. All reference to the project or project area refers to the lands within the boundary / d:?O FARMINGTON HISTORIC PRESERVATION REPORTER By Robert C. Vogel Preservation Planning Consultant No. 46 - November-December, 2001 HAPPY HOLIDAYS Best wishes for a happy holiday season and a healthy & prosperous New Year! PRESERVATION COMMISSION TO MEET DECEMBER 6 The Farmington Heritage Preservation Commission (HPC) will discuss a proposal for a historic buildings plaques program at its next meeting, scheduled for Thursday, December 6. The Commission will convene at 7:00 p.m. in the Council chambers at City Hall. There will also be a continuation of the brainstorming session on public education begun at the last meeting. All HPC meetings are open to the public. For more a meeting agenda or information about the city preservation program, call Karen Finstuen at 463-7111. CEMETERY PRESERVATION In its review of the Middle Creek Estates preliminary plat application, the HPC noted the existence of an inactive rural cemetery adjacent to the development. Because cemeteries represent a distinctive set of community heritage resources worthy of preservation, the commission recommended determination of ownership, establishment of cemetery boundaries, and fencing of the old graveyard; the city was also asked to provide public access to the historic site, which borders a public open space area. In addition to the obvious genealogical information found on tombstones, cemeteries offer many other ways to view the past. Information about our forbears' attitudes toward death and religious beliefs, technological developments, prevailing decorative tastes, and even public health can be revealed not only in the grave markers but in the physical layout and design of the burial grounds themselves. Finally, it is not unusual for cemeteries to be havens for wildlife and native plants. The Farmington Historic Context Document, prepared in 1995, includes a chapter on churches and cemeteries. This establishes the basic framework for treating abandoned cemeteries as historic preservation sites. PRESERVATION BRIEFS AVAILABLE ON-LINE For over 25 years, the Technical Preservation Services division of the National Park Service has published "Preservation Briefs" to help home owners, preservation organizations, and contractors with preserving and restoring historic buildings. Until recently. the Briefs could only be obtained by purchasing copies directly from the U.S. Government Printing Office. but last year the Park 1<:21 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us ~ ~ ,~\ TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - Nelsen Hills 7th Addition Project Closeout DATE: January 22,2002 INTRODUCTION The improvements outlined in the Development Contract for the Nelsen Hills 7th Addition have been substantially completed. DISCUSSION The Nelsen Hills 7th Addition Development Contract was signed on June 21, 1999 between the City and Heritage Development, Inc.. The completion date for this project was July 1, 2000. The project was substantially completed when minor work order items were addressed during November of 2001. The City has received a check in the amount of $3,000.00 to serve as surety until the remaining project landscaping and bituminous patch is completed this year. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution accepting the street and utility improvements for the Nelsen Hills 7th Addition. Respectfully Submitted, oztrn~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file /c1~ RESOLUTION NO. R -02 ACCEPTING NELSEN HILLS 7TH ADDITION STREET & UTILITY IMPROVEMENTS CITY PROJECT NO. 98-32 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 22nd day of January, 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 21, 1999, Heritage Development, Inc. of Minnesota has satisfactorily completed the requirements of the developers agreement for Nelsen Hills 7th 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 22nd day of January, 2002. Mayor Attested to the day of January, 2002. City Administrator SEAL 1,23 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us l~ TO: Mayor, Councilmembers and City Administrator)' J. FROM: Daniel M. Siebenaler Chief of Police SUBJECT: School and Conference Requests DATE: January 22, 2002 INTRODUCTION / DISCUSSION Police Administration has received several requests for Schools and Conferences from the Patrol and Investigations Divisions. One patrol officer will be attending a Basic Field Training Officer's course February 4-8 in Chaska. As the Police Department continues to grow there is an increased need for Training Officers. This course will teach the Patrol Officer to use skills learned on the job and in this program to prepare new candidates to work independently and effectively in a Patrol position. Two officers from the Patrol Division will be attending a training conference March 17-19 sponsored by the Special Operations Training Association of the Upper Midwest (SOTA). Training will include such topics as Tactical Leadership, Firearms and the prevention of training accidents and A review of Officer Involved Shootings. The two officers selected to attend are a Department Firearms Instructor and member of the Dakota County MAAG (Tactical) Team. One patrol officer will be attending an investigative class called SCAN (Scientific Content Analysis). This is a career enhancement course offered to one officer per year who has shown interest and aptitude in investigative technique. One Sergeant will be attending a Police Supervision Course April 9-11 at Hamline University. BUDGET IMPACT The cost of each of these courses is included in the 2002 budget. ACTION REQUESTED Information only. Respectfully submitted, ~,/' Daniel M. Siebenaler Chief of Police JdJr City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ~' (J' TO: Mayor, Councilmembers and City Administrator FROM: Ken Kuchera, Fire Chief SUBJECT: School and Conference - Fire Department DATE: January 22, 2002 INTRODUCTION The Fire Department is planning attendance at the Juvenile Fire Setter Intervention Conference, in St. Cloud, MN on February 9, 2002. DISCUSSION Two firefighters will be attending the conference. Topics covered include Interview/ Assessment, How's and Why's, and Prevention. BUDGET IMPACT Approved in the 2002 Budget. ACTION REOUESTED For information only. Respectfully submitted, I i \..lv", KV'c/l u~ "'---.. Ken Kuchera Fire Chief IdS I /oQ.- 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( C. FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Customer Service Response Report DATE: January 22, 2002 INTRODUCTION In an effort to meet and understand our citizen's needs and concerns, the City has adopted a customer service satisfaction program. This program is designed to ascertain and measure the level of customer satisfaction during service-related interactions. All citizen contacts with the City are documented in terms of complaint type, referring department, priority of service request and service outcomes. Responses are typically anonymous ensuring that citizens with negative experiences are just as likely to respond as those with positive service experiences. Accordingly, itis the City's intent to use this information as a customer service tool to improve and promote the importance of excellence in customer service. DISCUSSION The table below reflects summary statistics generated by Customer Action Request forms over the months of July, August and September, 2001. Summary response percentages are generated through the analysis of monthly reports and include response data from all operating City departments. The percentages above reflect the number of actual surveys that indicated a response in any given category. Consequently calculations are based on the actual numbers of responses received which may differ from the number of surveys received as some respondents did not indicate answers to specific survey questions. lcil' \ On average, ninety-two percent (92%) of citizen requests for service are handled and addressed within a 1-3 day period. Typically, from that point it requires approximately 90 days or more to receive, process, compile and analyze the survey response data into monthly reports. In terms of how "promptly the City reacted to citizen requests," the degree of "how personally satisfied citizens were with service outcomes," and was City staff "courteous and helpful" in responding to citizen requests, response data suggests a very high level of customer satisfaction in all three categories. In terms of core customer service skills, City staff have achieved an impressive 100% rating in "courteous and helpful service" and 92% in "prompt service" regardless of how personally satisfied a resident was with service outcomes. This underscores the City's commitment to treat each resident contact as a highly valued customer service relations opportunity . In terms of how personally satisfied a resident is with a specific service outcome, staff responses are, in most cases, controlled by state statutes, City ordinances, available staff resources and/or service priorities. In some cases, responses are a function of a third party who must respond to a given situation. Overall, a summary rating of 88% over the three month period for how personally satisfied a resident was with a City service response is a very respectable response ratio given the wide range of resident concerns. In review of survey comments, residents commented both negatively and positively on a variety of concerns such as tree and stump removal on boulevards to unkept yards, trimming of boulevard trees, drainage areas, street "no outlet" signs, and garbage can replacements along with staff's prompt and helpful responses. BUDGET IMPACT None. ACTION REQUESTED Acknowledge the Customer Service Satisfaction reports from July through September, 2001. Staff will continue to present customer service satisfaction data to Council as it becomes available. Monthly report data with department breakdowns are available for Council review upon request. Respectfully submitted, /7) ;{Cd_~ L~~ Karen Finstuen Administrative Services Manager / .;{ CO 106 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarrnington.mn.us TO: Mayor and Council~embers, City Administrator ?;. ), FROM: Michael Schultz Associate Planner SUBJECT: Petition to Rezone Subject Property from R-2 (Medium Density) to B-3 (Heavy Business) - Applicant: Colin Garvey DATE: January 22, 2002 INTRODUCTION The applicant, Colin Garvey, has petitioned the City to request a zone change on properties located in Block 30, Town of Farmington from the existing zoning district of R-2 (Medium Density) to B-3 (Heavy Business) following the City's 2020 Comprehensive Plan. DISCUSSION The applicant is seeking to rezone the parcels to allow for future expansion of the Landscape Depot operation and for storage of sand and salt piles on the currently vacant lot that lies west of the current business. The Landscape Depot is located on the easterly parcel, which includes a renovated storage building along with landscaping materials and plants. The applicant received conditional use permit approval on the property in May of 1999. Prior to the current use, the property was owned by the Minnesota Department of Transportation and used for vehicle storage and repair and also included the storage of sand and salt supplies for winter plowing operations. The westerly parcel is currently vacant except that the top 6 - 8 inches were removed and replaced with class 5 crushed rock material. The property owner began preparing the site for a pending Conditional Use Permit application (July 2000) to expand the Landscape Depot business. The application was denied citing a lack of information and questions surrounding the use of land lying within the rights-of-way of the Soo Line railroad spur line and the City's Pine Street. Currently the unimproved Pine Street right-of-way and the Marigold Foods factory bound the property to the north, single-family residential is located to the east and south ofthe property and a vacant lot owned by Marigold Foods is located adjacent to the property to the west. /dl9 Under the proposed B-3 zoning district, heavy business type uses such as supply yards, warehousing, commercial services and light manufacturing would be permitted. Other uses such as outdoor sales, equipment and storage yards and retail business would be permissible with a conditional use permit (see attached B-3 allowed uses). Any future or expanded commercial use of the properties would require 100% screening of the property along any residentially zoned property as per the City's Landscaping Ordinance. Also, any proposed commercial use within the City's Pine Street right-of-way would not be permitted as previously indicated as part of the Planning Commission's decision in the July 2000 CUP application. The Planning Commission reviewed the proposed rezoning at the January 8, 2002 meeting and forwarded a recommendation to approve the rezoning from R-2 to B-3 to the City Council. ACTION REQUESTED Consider adoption of the attached ordinance to rezone the subject property as described on the attached legal description from R-2 (Medium Density) to B-3 (Heavy Business) following the designated land use indicated within the 2020 Comprehensive Plan. Michael Schultz Associate Planner cc: Colin Garvey 130 ORDINANCE NO. 002-468 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING ORDINANCE, REZONING THE GARVEY PROPERTY THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 1O-2-8(B) of the Farmington City Code is amended by adding a new subsection rezoning the property legally described on the attached Exhibit A from R-2 (Medium Density) to B-3 (Heavy Business). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-2-1 of the Farmington City Code, shall not be republished to show the aforesaid zoning, but the City Planner shall appropriately mark the Zoning Map on file in the City Hall for the purposes of indicating the rezoning provided for in this ordinance. SECTION 3. This ordinance shall be effective immediately upon its passage. ADOPTED this 2200 day of January. 2002, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Terry Verch, Acting Mayor ATTEST: Ed Shukle, City Administrator Approved as to form the _ day of , 2002. Joel Jamnik, City Attorney SEAL Published in the Farmington Independent the _ day of 2002. 66074 13/ Exhibit A The property is legally described as the north 120 feet of Lots I, 2 & 3 and the north 170 feet of Lots 4 and 5 except for the west 'li of Lot 5 and that portion of the railroad right- of-way; all within Block 30, Section 31, Township 114 N, Range 19 W, Town of Farmington, Dakota County, Minnesota. 66074 /3c:? Q) C c o N Q) 0:: "0 Q) en o 0.. '+- o 0.. CO ~ C o :.j:j CO U o .....J \ j._I. ~ DII \ \ \ ~ \ w \ Z \0- \ \ \ \ \ \ \------- \ \ \ ~ - Cf) OJ C c:: <0- o C o +:> ... \ 8- \ ~ o \ c. 5'-0 .~ cf.. \ :5 -0 \ <2- \ 1 (I) \ ,5 \ '6 If) \ \ \ '\ \ \ \ \ u Cl .is H.iS G> ~ '6 u- .is HiP D (/) Q) i D ~D Q) :0 :J CJ) \ \U \ \ ~ L]c ---' Q) '0 '(jj Q) 0::: [ Ll [~~1 [11 L? I i~ J- ~J ~I'."'! ~._-__._.,I I , c=J.~-~ i. D LJ [Jl~. D r.'.- z.~ " = 0- ro ro - C/) 0:::. e Q} 0)"::: - o c _ .~ "O'5~~ co == L.. ~ o :J roo o:::coo...~ ", <D f 5 . 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I ~ ~ ~, ~.~.~~~~ ~U8~~~~~~ .~ c:- Q) <l.l ~ :J"Vi 0:;::0.- 0)_ ..... ::::>:-= Q) ~ '0 "S: c:-~ :s 5 ro al :J of ro >..!: L.L ~ ~ ~ 0 c: 8 Q ~s ~~~~~~~~~~~2~~~ ~SB'~'~~ii.~~~~~~~~i~) S<~<<:::J~IZU~~~:::Jrn~~~I~ oo~---------- 0---- 6~~~~~~~~~~~~~~~~~~ <~[I[]II.OJnrn[] rn c: 'E c: '" 0::, ~ .0 '0 .!!!. '" ' <I) u I- 00 S o .....J .....J N ~ ~ I ~ I I- CJ) Z <( ~! /35 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farrnington.mn.us TO: City Planning Commission FROM: Michael Schultz \Vf1v Associate Planner SUBJECT: Proposed Rezone from R-2 (Medium Density) to B-3 (Heavy Commercial) DATE: January 8, 2002 INTRODUCTION The applicant, Colin Garvey, is seeking approval to rezone certain property from the existing R-2 (Medium Density) to B-3 (Heavy Commercial). The property is identified within the 2020 Comprehensive Plan as future business. Plannine: Summary Applicant: Colin Garvey 22098 Canton Ct Farmington, MN 55024 Attachments: 1. Rezone Application 2. LocationMap 3. 2020 Comprehensive Plan Map 4. Current Zoning Map 5. Section 10-3-2(1) B-3 (Heavy Business) Zoning District 6. Section 10-1-4: Definitions 7. Section 10-2-3: Zoning Districts, Purpose Property Location: The property, legally described as the north 120 feet of Lots I, 2 & 3 and the north 170 feet of Lots 4 and 5 except for the west ~ of Lot 5 and that portion of the railroad right-of-way; all within Block 30 (see attached map). Parcel ID Numbers: 14-77000-030-30 14-77000-080-30 /.36 Total Land Area: 30,749 square feet Surrounding Land Uses: Unimproved roadway (Pine St) and abandoned railway, residential to the south and east, vacant property to the west. Current Zoning: R-2 (Medium Density) 2020 Comprehensive Plan: Business Proposed Zoning: B-3 (Heavy Commercial) DISCUSSION The applicant, Colin Garvey, is seeking approval to rezone subject property from the existing R- 2 (Medium Density) to B-3 (Heavy Business) zoning district, following the City's 2020 Comprehensive Guide Plan. Under the proposed B-3 zoning district, heavy business type uses such as supply yards, warehousing, commercial services and light manufacturing would be permitted. Other uses such as outdoor sales, equipment and storage yards and retail business would be permissible with a conditional use permit. Currently the unimproved Pine Street right-of-way and the Marigold Foods factory bound the property to the north, single-family residential is located to the east and south of the property and a vacant lot owned by Marigold Foods is located adjacent to the property to the west. The Landscape Depot business is located on the easterly parcel, which includes a renovated storage building along with landscaping materials and plants. The applicant received conditional use permit on the property in May of 1999. The other subject parcel is currently vacant except that the top 6 - 8 inches were removed and replaced with class 5 crushed rock material. The property owner began preparing the site for a pending Conditional Use Permit application (July 2000) to expand the Landscape Depot business. The application was denied citing a lack of information from the applicant and questions surrounding the use of the rights-of-way involving the Soo railroad spur line and the City's Pine Street. The applicant's intent is to use the vacant lot for the storage of sand and salt materials and to eventually expand the Landscape Depot business. Any future commercial use of the property would require 100% screening of the property along any residentially zoned property as per the City's Landscaping Ordinance. /37 Also, any proposed commercial use within the City's Pine Street right-of-way would not be permitted as previously indicated as part of the Planning Commission's decision in the July 2000 CUP application. ACTION REOUESTED Staff recommends forwarding a recommendation of approval on to the City Council for the proposed rezone of the subject properties from R-2 (Medium Density) to B-3 (Heavy Business). R:_S~/ ~l Schultz Associate Planner cc: Colin Garvey /371' PETITION FOR REZONING I, the undersigned, am the fee O\\l1er of and hereby request that the following described land: ()\lYI T, 6:LnK~ N 120' f)f Lt,fs 1,2t3 J _\./)+ L\ aJ'\& '%I-e.. ~s.f 1/2. of-lot 5 J. Block. 3~ R-Z excebt~r~ ~ot'"~OA.~~ ~~ be rezoned from:, \ to: 6-~ I understand that a public hearing is required, as well as a published notice of hearing, for which I hereby attach payment of the fee in the amount of S , which I understand further will be refunded if no meeting is scheduled. l \ - ;l~ - 0 1 Signature Date The Planning Commission recommended on the to (approve) (deny) the petition. day of ,19_ City Planner Action of the City Council: 1. On the day of . 19_ declined to set a Public Hearing. 2. At a Public Hearing held the (approved) (denied) the petition. day of . 19_, Date City Administrator In accordance with Title 10, Chapters 2 and 12 of the City Code. cc: Planning Commission, Council, Attorney, Engineer, Water Board: P ARAC /3<7 ..- ~ ,'l/}. ~~v,-~ ~ ':- '1~( ~I I ... WrLlOW t t 't..~ ~ ~ lL .a? .~ 6- ~ r r ,~. ... ~ I '! .,. .".-- ....- ..,'. ....,..... . 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I ~ I 6<f I~ , ( ~ r ~I ~7r . rol ( .. .1 "" , . t.. 1''' 1</0 10-2-3: ZONING DISTRICTS, PURPOSE: A-I Agricultural District is intended to protect existing agricultural investments until such time as public utilities may be extended and there is need for additional urban development land. A-2 Agricultural Preserve District is proposed to identify lands intended for long-term agricultural use with a residential density not to exceed one unit per quarter/quarter section. R-l Low Density Residential District is established to provide extensive areas within the community for low density development with full public utilities in a sequence which will prevent the occurrence of premature scattered urban development. R-2 Medium Density Residential District is intended as an area which incorporates older existing development as well as undeveloped land that would be suitable for small lot single-family constructions as well as duplexes, townhouses and quad homes. R-3 High Density Residential District is designated to provide areas of the City which will allow multiple dwellings in areas close to business and services, public facilities and good transportation. The location of these areas generally follows the recommendations made in the Comprehensive Plan. R-4 Mixed Code Residential District is established to provide areas of the City where manufactured housing may be located on either subdivided or unsubdivided developments in attractive neighborhoods in areas designated as medium density in the Comprehensive Plan. B-1 Limited Business District is intended to provide areas along major thoroughfares for unified commercial centers oriented to serving automobile traffic. B-2 General Business District is proposed to identify downtown Farmington allowing general commercial uses including retail and wholesale sales, office space and service establishments as well as repair services. These uses may be developed in combination with high density residential dwellings. B-3 Heavy Business District is a transitional classification designed to provide space for certain commercial and industrial uses which are compatible together but do not fit well in either the Limited or General Business Districts. (Ord. 086-177, 3-17-1986) B-4 Neighborhood Business District is intended to provide a setting for low and medium density housing combined with complementary and supporting business land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. (Ord. 099-423, 3-1-1999) I-I Light Industrial District will provide areas in Farmington that may be developed by industrial uses which are landscaped and otherwise compatible with adjoining residential districts. C-l Conservation District is provided to recognize vital environmental resources of the community including steep slopes, wetlands and unstable soil conditions and to allow development only after careful analysis. F-l Floodway District identifies the flood hazard areas of Farmington and regulates the construction in a manner which will protect the capacity of the flood plain to carry and discharge the regional flood. F-2 Flood Fringe District designates lands outside the floodway but subject to inundation by the regional flood. To minimize flood damage, structures are permitted on fill but with no first floor or basement below the flood protection level. F-3 General Flood Plain District identifies those areas inundated by the 100-year flood but determined by approximate methods with no base flood elevations shown or flood hazard factors determined. It includes both floodway and flood fringe areas of tributaries into the Vermillion River. (Ord. 086-177, 3-17-1986) /<// 10-3-2 *(1) Permitted Uses 5. Public buildings 6. Auto sales, service and repair 7. Commercial schools 8. Commercial recreation 9. Animal clinics 10. Clubs - health clubs 11. Home and trailer sales and display 12. Parking lots 13. Recreation and equipment sales, service and repair 14. Clinics 15. Sexually oriented businesses - accessory 10-3-2 Conditional Uses 5. Multiple-family dwellings 6. Wholesale business 7. Supply yards 8. Funeral homes 9. Elderly and handicapped housing 10. Churches 11. Light manufacturing 12. Outdoor sales 13. Fast-food establishments 14. Farm implement sales, service and repair 15. Equipment and storage yards 16. Research and testing laboratories 17. Mini-storage units 18. Motor fuel stations - minor 19. Hotels and motels 20. Recreational assembly places 21. Residential care facilities serving more than 6 persons (Ord. 086-177, 3-17-1986; amd. Ord. 088-198, 2-1-1988; Ord. 091-246, 5-20-1991; Ord. 099-424, 3-1-1999; Ord. 000-457, 12-4-2000) B-3 Heavy Business District 1. Mechanical sales, service and repair 2. Commercial services 3. Animal clinics 4. Wholesale business 5. Supply yards 6. Warehousing 7. Light manufacturing 8. Research and testing labs 9. Parking lots 10. Public buildings 11. Auto sales, service, repair April 2001 1. Public utility buildings 2. Offices 3. Water recreation and water storage 4. Home and trailer sales and displays 5. Manufacturing 6. Petroleum bulk storage 7. Mini-storage units 8. Equipment and storage yards 9. Outdoor sales City of Farmington / 'I c:I 10-3-2 _/ Permitted Uses 12. Motor fuel stations, major 13. Sexually oriented businesses - accessory 10-3-2 Conditional Uses 10. Retail business 11. Restaurants 12. Fast-food establishments 13. Solar energy systems (Ord. 086-177, 3-17-1986; amd. Ord. 000-457, 12-4-2000) (J) B-4 Neighborhood Business District 1. Personal and professional services (not exceeding 3,000 square feet of gross floor area) 2. Personal health and beauty services (not exceeding 3,000 square feet of gross floor area) 3. Nonprofit/public buildings 4. Daycare facilities 5. Residential care facility 6. Neighborhood services (not to exceed 3,000 square feet in gross floor area) Interim Uses 1. Automobile repair; minor (eff. until 6-7-2002) 1. Personal and professional services (exceeding 3,000 square feet in gross floor area) 2. Neighborhood convenience stores (no gasoline sales, not exceeding 3,000 square feet in gross floor area - no automotive repair facilities allowed) 3. Restaurants (no drive- through services, limited to 3,000 square feet of gross floor area, no alcohol sales) 4. Funeral homes 5. Animal clinics (no kenneling allowed) 6. Parking lots 7. Multi-family dwellings 8. Churches 9. Schools 10. Light manufacturing and assembly (straight trucks only, no jointed or semi- tractor trailer trucks) 11. Clinics (Ord. 099-423, 3-1-1999; amd. Ord. 099-432, 6-7-1999) City of Farmington April 2001 1~3 10-5-13 B-3 BEA VY BUSINESS DISTRICT DRAFT (A) Purpose. The B-3 Heavy Business District is a transitional district designed to provide space for certain existing commercial and industrial uses which are compatible together but are more intense and therefore incompatible with uses identified in the B-1, B-2 and B-D districts. (B) Bulk and Density Standards. 1. Minimum Standards Proposed Current Lot Area 5,000 square feet 5,000 square feet Lot Width 50 feet 50 feet Front Yard Setback o feet o feet Side Yard Setback 6 feet 6 feet Rear Yard Setback 6 feet 6 feet Minimum side and rear yard abutting any residential District Off-street parking and access drives 10 feet 10 feet Public and semi-public buildings 35 feet 35 feet Recreational, entertainment, commercial and 50 feet 50 feet industrial uses Height (max.) 45 feet 45 feet Maximum Lot Coverage of all structures 35% 35% * All standards are minimum requirements unless noted (C) Uses Proposed Uses 1. Permitted a. Animal Clinics b. Auto Repair, Minor c. Auto Sales d. Commercial Services e. Convenience Store without gas f. Mechanical Sales, Service and Repair g. Offices h. Public Buildings i. Restaurants, Class I, Traditional j. Retail Facilities, greater than 3000 sf k. Supply Yards 1. Truck Terminals m. Wholesale Businesses n. Sexually Oriented Businesses - Accessory 2. Conditional a. Auto Repair, Major b. Car Washes Current Uses Permitted Mechanical sales, service and repair Commercial services Animal clinics Wholesale business Supply yards Warehousing Light manufacturing Research and testing labs Parking lots Public buildings Auto sales, service, repair Motor fuel stations, major Sexually Oriented Businesses - Accessory Conditional Public utility buildings Offices City of Farmington Zoning Regulations Working Draft - December 5, 2001 page 57 /t./'/ c. Convenience Store with gas d. Group Day Care Center, Commercial e. Home and Trailer Sales/Display f. Manufacturing Facilities g. Mini-storage Units h. Outdoor Sales i. Petroleum Bulk Storage j. Public Utility Buildings k. Solar Energy Systems 3. Accessory a. Parking Lots Water recreation and water storage Home and trailer sales and displays Manufacturing Petroleum bulk storage Mini-storage units Equipment and storage yards Outdoor sales Retail business Restaurants Fast food establishments Solar energy systems DRAFT City ofF armington Zoning Regulations Working Draft - December 5, 2001 page 58 /'/5 DRAFT 10-5-14 B-4 LIMITED BUSINESS DISTRICT (A) Purpose. The B-4 Limited Business District is intended to provide a setting for low to medium density housing combined with complementary and supporting business land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a . neighborhood. (B) Bulk and Density Standards. 1. Minimum Standards ProDosed Current Lot Area 5.000 SQuare feet B-4 currently does not Lot Width 50 feet Have any bulk standards Front Yard Setback 20 feet Side Yard Setback 6 feet Rear Yard Setback 6 feet Minimum side and rear yard abutting any residential District 10 feet Off-street parking and access drives 35 feet Public and semi-public buildings 50 feet Recreational, entertainment, commercial and industrial uses Height (max.) 45 feet Maximum Lot Coverage of all structures 35% * All standards are minimum requirements unless noted (C) Uses Proposed Uses 1. Permitted a. Neighborhood Services b. Nonprofit Recreational, Cultural and Entertainment Uses c. Offices d. Personal and Professional Services, less than 3000 sf e. Personal Health and Beauty Services, less than 3000 sf 2. Conditional a. Animal Clinics b. Churches c. Clinics d. Child Day Care Facilities, Commercial e. Dwellings, Multi-Family f. Funeral Homes Current Uses Permitted Daycare facilities Neighborhood services(not to exceed 3,000 square feet in gross floor area) Nonprofit/public buildings Personal and professional services (not exceeding3,000 square feet of gross floor area) Personal health and beauty services (not exceeding3,OOO square feet of gross floor area) Residential care facility Conditional Animal clinics (no kenneling allowed) Churches Clinics Funeral homes Light manufacturing and assembly (straight trucks only, no jointed or semi- tractor trailer trucks) Multi-family dwellings page 59 City of Farmington Zoning Regulations Working Draft-December 5,2001 I ~r;, g. Health Clubs h. Light Manufacturing Facilities i. Personal and Professional Services, greater than 3000 sf j. Personal Health and Beauty Services, greater than 3000 sf k. Public and Parochial Schools 1. Public Utility Buildings 3. Accessory a. Parking Lots DRAFT Neighborhood convenience stores (no gasoline sales, not exceeding 3,000 square feet in gross floor area - no automotive repair facilities allowed) Parking lots Personal and professional services (exceeding 3,000 square feet in gross floor area) . Restaurants (no drive- thru services, limited t03,000 square feet of gross floor area, no alcohol sales) Schools Interim Uses Automobile repair; minor( eff. until 6-7-2002) City o/Farmington Zoning Regulations Working Draft - December 5, 2001 page 60 I 'I? City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IOe, ~~ TO: Mayor, Council Members, City Administrator FROM: Michael Schultz Associate Planner SUBJECT: Appeal of Zoning Decision - Sign Permit Application for Hometown, Inc. DATE: January 22, 2002 INTRODUCTION The appellant, Kim Friedrich of Hometown, Inc., has filed an appeal of the Planning Commission's decision on January 8, 2002 in support of Planning staffs decision in the denial of appellant's sign permit application for a proposed wall sign for the business located at 331 3 rd Street. DISCUSSION City staff initially received the sign permit application in early November involving the proposed sign. Attached is the denial letter dated November 14, 2001 informing the applicant that the permit application was denied based on the following guidelines outlined in the City's Sign Ordinance: 1. Under Section 4-3-1: Definitions, wall signage is defined as a sign affixed directly to an exterior wall and may project from the wall no more than fifteen (15) inches from all points of the sign (see attached definition). 2. Under Section 4-3-3 (B)la: Signs in the B and I Districts do not allow for more than two (2) wall signs on one (1) building face; The appellant then requested that the City's Development Committee review the sign permit application for its interpretation of the Sign Ordinance. The Committee reviewed the application at its November 27, 2001 meeting and concurred with Planning Staffs decision. Copies of the sign plans were also forwarded to the City Attorney for review. The City Attorney agreed that the Planning Staffs interpretation of the City's Sign Ordinance was supportable. On December 18, 2001, during a phone conversation, the appellant requested that staff review existing commercial signage within the downtown inquiring why other businesses were I if? permitted two (2) or more cabinet signs. In a letter dated December 19, 2001, staff addressed those questions (see attached letter). Staff feels that the Sign Ordinance clearly states that wall signs are limited to no more than one unit per wall face and that unit may project from the wall no more than fifteen (15) inches at all points. Staff s interpretation was that all portions of the sign must be an equal distance from the wall and can extend no more than fifteen (15) inches from the wall. The appellant's sign is angled on a frame, with the apex of the angle measuring fifteen (15) inches from the wall while each end of the frame is attached to the wall. A separate sign cabinet would then be placed at each angle of the frame. The Planning Commission, at its January 8, 2002 meeting, heard Ms. Friedrich's appeal of the decision of Planning Staff to deny her sign permit application. After hearing Ms. Friedrich's arguments to overturn the denial, the Planning Commission voted 5 - 0 in support of staff s decision for denial. Planning Staff did recommend to the applicant, in the letter dated December 19, 2001, that she could make use of the purchased cabinet signs by attaching one sign to the front and one sign to the rear of the building that would meet the requirements of the Sign Ordinance. REQUESTED ACTION Consider Ms. Friedrich's appeal of the Planning Commission's decision to support Planning Staff s denial of her sign permit application. City Council should also then direct staff to draft Findings of Fact concerning its decision. cc: Kim Friedrich, Hometown, Inc. II./? January 11,2002 To Whom It May Concern: I am the owner of Hometown Furnishings located at 331 Third Street in Farmington. I finally made enough profits to justifY redoing the front of my building in hopes to create more traffic for my store and the rest of the downtown area. On or about the 2nd Day of May, 2001, Mr. Y. M. Akbar came into my store and commented on the condition of my sign outside and I agreed it was time. So I signed a contract with Mr. Akbar to repaint the front of the building, new sign. & new awning. I paid Mr. Akbar in full ($6,000.00). He had someone paint the front, took my awning frame and never returned. On or about the 5th day of September, 2001, I met with a gentleman from Signtronixs. The gentleman went over to the city to get preliminary approval on the sign then we walked the block and looked at other signs. On several business there are more than one signs attached. I then ordered the signs at a sum of $13,518.00. I also ordered a new awning at the cost of$I,473.00. The awning cannot be put up until the sign is up. On approximately September 26,2001, I received the signs. I had some electrical work to do on the front of my building before I could put this sign up. I applied for the permit sometime after that. To my surprise and Signtronixs surprise, I was denied the permit on November 14, 2001 in writing. Signtronics asked for this to be reviewed and I was denied the permit again on November 29,2001 in writing. I called Mr. Schultz and asked him to look at the business on my block and tell me why I could not have these sign up. I was denied a third time in writing on December 19,2001. On January 8, 2002 I went before the Planning Commission and was denied the permit again. I understand that my last chance with appeals is to go before the City Council, therefore I am asking to do that. The basis of denial on all occasions is that the staff considers my sign 2 faceplate signs. I agree they are 2 faceplates so they can be bent at an angle. This is what we preliminarily had approved in the beginning. I am including pictures of businesses on my block that bave more than I faceplate bolted together, some even protrude off the building. I have at least 2 customers a week say they do not even know my business is here. I have been here 6 years. I find that the need for a dramatic sign is a must at this point of my business growth. The sign also enhances the front of my building greatly. I also am Including a current picture of the front of my building, as distressed as it is right now. Please get the above mentioned pictures from the City staff.. I strongly believe this has created a hardship for my business. If you have any questions please feel free to call me. ~~~ Friedrich Hometown Furnishings 331 Third Street Farmington, MN 55024 651-463-9999 /50 D 1 f -r +v @fC1 a e /:?I Q -f..[5 Y3D L:r6L) '10 C;.I;;. TtfG e. f\ft'D flLvJQLt ()G:) O:::P 1311 U'J/ N(C (fi f\'1'\'\E t?LOCtL- / ' /,",l\",~ J- ....... [).- '- .Irv , H::.> <:.,) /, t::::- OF -=:5t7lE:::iS ,- 15/ , f~(\ ,.~ G: :rPC.E e Lt-\Tt;;L) Bot Tb D \l) C;;b rHLR- ON 5f1H)B f~UCJL l5f\fh6 C:-;iOC- D.p5fiZt:..ET l..j-"~ \1 ' D \) e \ clv\.1 \i\ ",,~ (i,1 rACbPLJ-\te5 fu-TEh TD6{;ifIEI<- tieecJ I Lf 1!.e'i-+ .Doo I( . /53 ! ~. \ t.. \ rv~ y e,2DPr513D I'Jt; LJ , r -.:'51 GN -, -H~5fHLJ_",2 D " fIr.- - :;>Ht::8 I Pz:3tZ /'')-/ ,L Jf:;;C~..) <-5 E "e- ep PrtZ A 77.; IS,/ ~- I) . \ f0JtSr of (Y\ Y Bu.1 LJ)/NG ,\Iou.) . \1:27-0 I /55 A. . INSTALL SECOND UNIT . . ff ~'.." YO'U~Rl!.. ' . ;': SIGN ., ..~ : 2~~~..~ "-,...~'..~i .OUR:~i SiGN 12) Repeat steps (8) through (11) for the other side. 30 - -..-----.-- ..- I'i'- 5 ~j ^ U..I"l t 9~t ')LII I I , \ :3 3' <3' 73' 23 /5& City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651) 463-2591 www.ci.fannington.mn.us November 14,2001 Hometown, Inc. Attn: Kim Friedrich 331 3rd Street Farmington, MN 55024 RE: Sign Permit Application Dear Mrs. Friedrich, City staff has completed review of the proposed cabinet wall sign to be placed on the building of your business at 331 3rd Street. Because the sign is angled at the center and consists of two (2) faceplates, City staff considers this to be two signs, which under Section 4-3-3 (B) restricts more than one (1) sign per building face (see attached language). The City's sign ordinance does allow signs to encroach fifteen (15) inches into the right-of-way measured at all points of the sign (see attached language). City Planning staff is denying the sign permit application for the angled cabinet sign based on the language stated above. If you have any questions or comments please contact me at (651) 463-1821. Sincerely, ~' Michael Schultz Associate Planner cc: John Manke, Building Official property file 157 City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us November 29,2001 Hometown, Inc. Attn: Kim Friedrich 331 3rd Street Farmington, MN 55024 RE: Sign Permit Application - Review of Proposed "Angled" Sign Dear Mrs. Friedrich, City Planning staff has completed a re-review of the proposed cabinet wall sign to be placed on the building of your business at 331 3rd Street. This item was presented to the City Development Committee on November 27, 2001 to discuss if Planning staff s interpretation of the sign ordinance was current in that the wall mount consisted of two signs. It was the consensus of the Development Committee staff that the wall mount did consist of two separate signs. A copy of the sign plans were also forwarded to our City Attorney for his review and would support staff s interpretation of the City Code. The basis of denial of the sign permit application was based on the angle at the center of the mount that, in the opinion of staff, consists of two (2) separate and distinguishable cabinets and faceplates. Because city staff considers this to be two signs, it would not permitted under Section 4-3-3 (B) which specifies only one (1) sign per building face is permitted (see attached language). The City's sign ordinance does allow signs to encroach fifteen (15) inches into the right-of-way measured at all points of the sign (see attached language). City Planning staff is denying the sign permit application for the angled cabinet sign based on the language stated above. If you have any questions or comments please contact me at (651) 463-1821. ~ ~~/// - Michael sc~ ~/ Associate Planner / cc: John Manke, Building Official property file /51r City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651) 463-2591 www.ci.farrnington.mn.us December 19, 2001 Hometown, Inc. Attn: Kim Friedrich 331 3rd Street Farmington, MN 55024 RE: Review of Existing Signage for Downtown Businesses Dear Mrs. Friedrich, This letter is in response to our phone conversation on December 18, 2001 concerning the existing commercial signage for downtown businesses and the proposed signage for your building. Attached are pictures of wall signage of several downtown businesses. All of the signs within the pictures have single-sided wall signs, parallel to the building fayade, meaning that the signs face directly out from the building. The latest sign that you have proposed (see attached) has been determined by staff, and concluded by the City Attorney, to be two separate cabinet signs placed at an angle on a frame attached to the building. Concerning the example of the Car Quest Auto Parts sign, that sign has been grandfathered into the Sign Ordinance. The two cabinet signs were installed on the building prior to adoption of the current ordinance; the panels and lettering were replaced in 2000 (see attached portion of subject sign application). One option to be considered would be to remove the cabinets from the frame and place one cabinet sign on the front of the building and the other in the rear of the building. If you would like to consider an appeal of this decision, please submit a written appeal stating the specific context of why you disagree with the decision. This appeal would then be forwarded onto the Planning Commission for their review and recommendation. The next Planning Commission's next meeting date is January 8, 2001, the written appeal should be received at least a week prior to that meeting in order for staff to prepare a report for the Commission. If you have any questions concerning this letter please contact me at (651) 463-1821. Sincer..e/.~? . /. / ~_ -;4~-A Michael Schultz Associate Planner cc: Ed Shukle, City Administrator Kevin Carrol, Community Development Director Property file /59 ~Wr- ,~f'\ S'~J\ 5! 811 r8oO-r&? s If - 3 - I , UJLn^ ,t'OA S MARQUEE and/or CANOPY: A rooflike structure projecting from and attached to a building. NONCONFORMING SIGN: Any advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Code which fails to conform to all applicable regulations and restrictions of this Code. PAINTED WALL SIGN: A sign which has been painted directly onto a building wall, using the wall material as a base of the sign. PORTABLE SIGN: A sign not attached to the ground and designed so as to be movable from one location to another. PUBLIC SIGN: Noncommercial signs in the public interest, erected by, or on the order of, a public officer in the performance of his duties. REAL ESTATE SIGN: A temporary sign erected by a realtor or private individual for purposes of advertising for sale or lease a particular building and/or parcel of property. ROOF SIGN: A sign erected upon or above a roof or parapet of a building or above the eaves in the case of a hip, gable or mansard roof where the plane of the roof is less than sixty degrees (600) from the horizontal. SNIPE SIGN: Any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public property. TEMPORARY SIGN: A banner, pennant, poster or advertising display constructed of cloth, canvas, plastic, sheet, cardboard or other like materials and intended to be displayed for a limited period of time. -* WALL SIGN: A sign affixed directly to the exterior wall or screening surface and confined within the limits thereof and which proj ect from that surface less than fifteen inches (15 It) at all - points. 4-3-2: PERMITTED AND PROHIBITED SIGNS: (A) The following signs are permitted uses subject to the following regulations: 1. Temporary Real Estate Signs: For the purpose of selling, renting or leasing property, one sign may be placed per street frontage within fifteen feet (15') of the right-of-way line, on the property to be sold or leased. The size of such sign shall be a maximum of six (6) square feet for residential property and a maximum of thirty two (32) square feet for all other properties. /c;c; (B) The following signs are prohibited as prescribed: 1. Illuminated Signs: Illuminated signs shall not be permitted within the "A", "C" and "R" Districts. 2. Rotating, Moving or Flashing Signs: Rotating, moving or flashing signs shall not be permitted in any district. 3. Traffic Interference: No sign shall be erected that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. 4. Snipe Signs: There shall be no use of snipe signs anywhere within the City. 5. Roof Signs: Roof signs, roof advertising symbols, roof logos, roof statues or roof sculptures shall not be permitted in any district. No sign shall extend above the roof line. 6. Business and Advertising Signs: Such signs shall not be painted, attached or in any manner affixed to trees, rocks or similar natural surfaces, nor shall such signs be affixed to a fence or utility pole. 7. Public Rights of Way: No sign shall be upon or overhang any public right of way, with the exception of B-2 Districts where an overhang of fifteen inches (15") is possible. 8. Bench Sign: Bench signs shall not be permitted in any district. (Ord. 086-173,2-21-86) 9. Advertising Signs: Signs which advertise an activity, business, product or service that has not been produced or conducted on the premises for more than thirty (30) days. (Ord. 090-228, 2-5-90) 4-3-3: SIGNS IN ANY DISTRICT: (A) Signs in C and R Districts: 1. C, R-l and R-2 Districts: One nameplate sign for each dwelling unit. Such signs shall not exceed two (2) square feet in area per surface, shall not exceed five feet (5') in height, and no sign shall have more than two (2) surfaces. Nonconforming business uses shall be permitted one on-premises wall sign not exceeding twenty (20) square feet in area. 2. R-3 Districts: One nameplate sign for each dwelling group of six (6) or more units, and such sign shall not exceed six (6) square feet in area per surface and no sign shall have more than two (2) surfaces. (Ord. 090-228, 2-5-90) 3. Nameplate Sign: One back to back nameplate sign for each permitted use or use by conditional use permit other than residential. Such sign shall not exceed thirty (30) square /~/ feet in area per surface. Back to back signs exceeding a ninety degree (900) angle shall be measured as one surface. Such sign is permitted in areas other than residential by a conditional use permit. (Ord. 093-321, 12-6-93) 4. Set Back Requirements: Any nameplate sign over one foot (I') square shall be set back at least ten feet (10') from any property line. 5. Freestanding Signs: Freestanding signs shall be permitted for the purpose of permanent identification of residential areas. At each principal entrance to such an area a maximum of two (2) signs, not to exceed fifty (50) square feet of sign area per sign. Such signs shall not extend beyond the drainage and utility easements on those lots adjoining the principal entrances. (Ord. 090-228,2-5-90) (B) Signs in the B and I Districts: 1. Option A - Wall Signs: Under Option A only wall signs shall be allowed. ~ (a) The maximum number of signs on any principal building shall be two (2) and, in all cases, each sign shall be placed on a separate wall fronta@.:. The maximum size of wall signs under Option A shall be as specified below. (b) When a building faces two (2) or more streets, the total allowed sign area shall be based upon the gross silhouetted area of the two (2) smaller building sides facing streets. (c) For multiple occupancy buildings, each tenant may have one business sign, however, the design, color and typeface shall be regulated by a plan developed by the property owner and as approved by the Planning Commission. The following standards shall apply to said signs: (1) Multiple occupancy buildings shall submit a sign plan which will coordinate signage for the entire project. (2) The plan shall address height, location, size, number type, decorative theme, design, color and materials to be used on the building. (3) The plan shall be reviewed and approved by the City Planner prior to the issuance of a sign permit for the building. (4) The owner of the building is responsible to obtain the sign permit, prescribe to the approved sign criteria and insure that signs erected are in compliance with the approved sign plan. (d) Signs may be placed on the side of a building not facing a street, but the total sign Ic;~ area on the building shall not exceed that allowed in Option A as follows: OPTION A - WALL SIGN ONLY Basic Size Size Based On Bldg. Face Maximum B-1 24 sq. ft. 12% 300 sq. ft. B-2 50 sq. ft. 16% 400 sq. ft. B-3 75 sq. ft. 18% 400 sq. ft. 1-1 100 sq. ft. 20% 500 sq. ft. 2. Option B - Wall And Pylon Signs: (a) Under Option B, both wall and pylon signs may be used, but only one pylon sign is permitted. The maximum allowable sign area for any wall sign in this option shall be specified below. (b) When a building faces two (2) or more streets, the total allowed sign area shall be based upon the gross silhouetted area of the two (2) smaller building sides facing the streets. (c) For multiple occupancy buildings a sign plan shall be prepared and approved with the same conditions as listed under Option A above. (d) Signs may be placed on the side of the building not facing the street up to one sign per tenant, but the total sign area shall not exceed that allowed in Option B as follows: OPTION B - WALL AND PYLON SIGNS Basic Size Size Based On Bldg. Face Maximum B-1 24 sq. ft. 10% 200 sq. ft. B-2 50 sq. ft. 14% 300 sq. ft. B-3 75 sq. ft. 16% 300 sq. ft. 1-1 100 sq. ft. 18% 400 sq. ft. (Ord. 095-347, 2-6-95) /G3 City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission FROM: Michael Schultz Associate Planner I?pc' SUBJECT: Appeal of Zoning Decision - Sign Permit Application for Hometown, Inc. DATE: January 8, 2002 INTRODUCTION The appellant, Kim Friedrich of Hometown, Inc., has requested a review by the Planning Commission concerning the decision of Planning staff in the denial of her sign permit application for a proposed wall sign for the business located at 331 3rd Street. DISCUSSION City staff initially received the sign permit application in early November involving the proposed sign. Attached is the denial letter dated November 14, 2001 informing the applicant that the permit application was denied based on the following guidelines outlined in the City's Sign Ordinance: 1. Under Section 4-3-1: Definitions, wall signage is defined as a sign affixed directly to an exterior wall and may project from the wall no more than fifteen (15) inches from all points of the sign (see attached definition). 2. Under Section 4-3-3 (B)la: Signs in the B and I Districts does not allow for more than two (2) wall signs on one (1) building face; The appellant then requested that the City's Development Committee review the sign permit application for their interpretation of the Sign Ordinance. The Committee reviewed the application at their November 27,2001 meeting and concurred with Planning Staffs decision. A copy of the sign plans were also forwarded to the City Attorney for review and was determined that Planning Staff s decision was supported. On December 18, 2001, during a phone conversation, the appellant requested that staff review existing commercial signage within the downtown inquiring why other businesses were permitted two (2) or more cabinet signs. In a letter dated December 19, 2001, staff addressed those questions (see attached letter). I~f/ Staff feels that the Sign Ordinance clearly states that wall signs are limited to no more than one unit per wall face and that unit may project from the wall no more than fifteen (15) inches at all points. Planning Staff did make a recommendation to the applicant to make use of the current cabinet signs, in the letter dated December 19, 2001, to attach one sign to the front and rear of the building. REOUESTED ACTION F or the Planning Commission to review the appeal of the applicant concerning the zoning decision from Planning Staff involving the proposed wall sign for Hometown, Inc. and to render a decision in support or against the appellant and direct staff to draft a Findings of Fact concerning their decision. Respe~.tfullllYY}}ubrniJP/tf /.." .' /7M~Ad~',' . Michael Schultz Associate Planner cc: Kim Friedrich, Hometown, Inc. /~S' December 27, 2001 To Whom It May Concern: I am the owner of Hometown Furnishings located at 331 Third Street in Farmington. I finally made enough profits to justify redoing the front of my building in hopes to create more traffic for my store and the rest of the downtown area. On or about the 2nd Day of May, 2001, Mr. Y. M. Akbar came into my store and commented on the condition of my sign outside and I agreed it was time. So I signed a contract with Mr. Akbar to repaint the front of the building, new sign, & new awning. I paid Mr. Akbar in full ($6,000.00). He had someone paint the front, took my awning frame and never returned. On or about the 5th day of September, 2001, I met with a gentleman from Signtronixs. The gentleman went over to the city to get preliminary approval on the sign then we walked the block and looked at other signs. On several business there are more than one signs attached. I then ordered the signs at a sum of $13,518.00. I also ordered a new awning at the cost of $1,473.00. The awning cannot be put up until the sign is up. On approximately September 26, 2001, I received the signs. I had some electrical work to do on the front of my building before I could put these signs up. I applied for the permit sometime after that. To my surprise and Signtronixs surprise, I was denied the permit on November 14,2001 in writing. Signtronics asked for this to be reviewed and I was denied the permit again on November 29,2001 in writing. I called Mr. Schultz and asked him to look at the business on my block and tell me why I could not have these sign up. I was denied a third time in writing on December 19,2001. The basis of denial on all occasions is that the staff considers my sign 2 faceplate signs. I agree they are 2 faceplates so they can be bent at an angle (see attached). This is what we preliminarily had approved in the beginning. I am including pictures of businesses on my block that have more. than 1 faceplate bolted together, some even protrude off the building. I have at least 2 customers a week say they do not even know my business is here. I have been here 6 years. I find that the need for a dramatic sign is a must at this point of my business growth. The sign also enhances the front of my building greatly. I also am Including a current picture of the front of my building, as distressed as it is right now. I strongly believe this has created a hardship for my business. If you have any questions please feel free to call me. S~c/elY, ",' 111m t:ULd'Uh Kim Friedrich Hometown Furnishings 331 Third Street Farmington, MN 55024 651-463-9999 I~& foJ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us e: .1,. TO: Mayor, Council Members, City Administrator FROM: Michael Schultz Associate Planner SUBJECT: Fourth Quarter 2001 and Year End New Construction Report DATE: January 22, 2002 INTRODUCTION The following report summarizes the new construction permits issued during the fourth quarter of2001 and the year end totals. DISCUSSION During the fourth quarter of the 2001 building construction season, October 15t through December 315\ the City issued 76 new single-family detached housing permits and 71 new multi-family permits. The 76 single-family permits issued during the fourth quarter of 2001 are 24 less than the 100 single-family permits issued over the same period in the year 2000. Overall for the fourth quarter, the total of 147 new housing permits (single-family and multi-family units) issued is 32 more over the same period of a year ago when 115 total residential permits were issued. Construction valuation of the single-family and multi-family homes totaled $12,110,003 and $8,033,200, respectively. The year-end numbers finished with 227 new single-family units and 259 new townhome units for a total of 486 new building permits issued. This is an increase of 13.6% over last year's total of 427 residential units. The 486 residential permits resulted in a total new building valuation of $63,641,963 (compared to $48,460,626 last year). The total valuation for just new single-family home construction totaled $35,063,203, for an average valuation cost of$154,463 per single-family unit, an increase of $28,276 from 2000. The City also issued four (4) new commercial, four (4) new public/institutional and two (2) new industrial building permits for a total building valuation of $23,594,200. I&;7 (Note: The construction valuation is determined by a building formula utilizing square footage of the home or building. The valuation average does not represent the overall sale or market value of the home or building since it does not include the value of the lot or any amenities added to the home that are not part of the building code formula). ACTION REQUIRED No action is required, for City Council information only. ~e::;111Y ::bnU~ I ~ 7/~d~~ Michael Schultz Associate Planner /~'1) T'"" o o N o C +-' 01"- +-'00 0>0) CT'"" >. .... ro ..L E '0 E >.::J ~C/) () 0> C "0 ::J CO o o , I CO 000 O'>~co O'>::JI'- T""ro~ >-.i 00 00 00) 01O o CO C'?O'> lOa NlO o o 0) 1O ~ o 1O v_ co lit lit lit lit lit 2 g 'E I'- 0 T"" ffi O'>Q:;co T"" a.. I'- C'? N 0000 C!C!C!C! 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C1l o~ Q):!2 Q,1Jl ~& 0) E o U5 ..c c c:;:; ~ IJl ~~ c, 7 E 0)..... :E E ::J0:5 200 .,.: o e ~ cl c ,'6 ; "Ci) ~ <Ii Q) ~ III 'c 4= (; .~ 1; u; Q) en -g ...J U <( ,~ I- Qi g 6 /(;~ /()~ Apple Valley, Farmington, & Rosemount Cable Commission Apple Valley Municipal Center 7100 West 147th Street Apple Valley, MN 55124 PRESS RELEASE FOR IMMEDIATE RELEASE Date: January 15, 2002 Contact: Mark Moore, AFRCC Cable Coordinator, (952) 953-2502 RE: CABLE COMMISSION CHANGES TV CHANNELS The Apple Valley, Farmington, & Rosemount Cable Commission is creating a second Government Access cable channel within the three-city viewing area. The Commission is reorganizing two access channels in its franchise area to provide capacity in the government access program line-up for the addition of Rosemount city meetings and Dakota County Board taped replays. AFRCC-22, the new government channel on Charter Communications, should begin carrying some of the new programs by January 23, 2002. Live and taped telecasts of Rosemount City Council and Planning Commission meetings will soon follow starting on Tuesday, February 5th. By February 1 st, the new AFRCC access channel line-up will be: ~ Channel 6 - Regional Access, ~ Channel 10 - Educational Access (ISD 192/196), ~ Channel 12 - Public Access, ~ Channel 16 - Government Access (Apple Valley/Farmington), and ~ Channel 22 - Government Access (Rosemount/Dakota County). This realignment moves Independent School District 192 cable television to Channel 10, sharing that bandwidth with ISD 196. However, viewers will continue to see the regular cable program schedule for each district within their respective boundaries. Program listings for the Government and Educational Access can usually be seen on each channel, or at the city or school district web sites. The channel realignment will primarily affect the Apple Valley, Farmington, & Rosemount franchise territories. Mark Moore, AFRCC Cable Coordinator, states that the challenge of achieving the changeover was significant, but credits the cooperation of the school districts and outstanding technical support from Charter Communications as a major factor in its accomplishment. Moore also notes that this is a major step toward the Cable Commission's goal of utilizing existing resources to broaden and enhance the delivery of access programming services in the AFRCC viewing area. /70 I / Cl..J 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: Middle Creek Trunk Sanitary Sewer and Water Main Extension Project - Use of Eminent Domain DATE: January 7, 2002 (continued to January 22, 2002) INTRODUCTION At the November 5, 2001 City Council meeting, the Council accepted the feasibility report, ordered plans and specifications and authorized the advertisement for bids for the Middle Creek Trunk Sanitary Sewer and Water Main Extension Project. DISCUSSION The sewer and water main project will require that the City acquire easements from two adjacent properties owned by the Donnelly's. Staff is currently in process of negotiating with the Donnelly's to acquire the needed easements. In order to insure that the easements can be acquired to commence construction of this project in the time frame necessary to serve the new elementary school, it is recommended that the Council authorize staff to initiate eminent domain proceedings. It is desirable, and staff's goal, to negotiate the right-of-way acquisition with the property owner, thus making the use of the City's power of eminent domain unnecessary. However, if negotiations become protracted and the City has not initiated eminent domain proceedings, it will be too late to acquire the right-of-way to allow the improvements to be constructed this year in time for the opening of the new school. BUDGET IMPACT None at this time. /7/ ACTION REQUESTED Adopt the attached resolution authorizing staff to commence with eminent domain proceedings for the necessary easements for the Middle Creek Trunk Sanitary Sewer and Water Main Extension Project. Respectfully Submitted, ~YYz~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file /7d. RESOLUTION NO. R -02 AUTHORIZING CONDEMNATION OF PROPERTY FOR PUBLIC USES 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 22nd day of January, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, the City Council of the City of Farmington does hereby determine that it is necessary for a public use and purpose to acquire the property interests as identified and described by the City for the Middle Creek Trunk Sanitary Sewer and Water Main Extension Project, Project 01-17, as amended and modified from time to time; and WHEREAS, the City Council finds that the construction schedule and seasonal construction conditions make it necessary to acquire title to, and possession of, the subject property as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner; NOW THEREFORE, BE IT RESOLVED that: 1. The City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statute Chapter 117 to acquire the property interests necessary to proceed with City Project 01-17. 2. The City Attorney is authorized to acquire the necessary property interests pursuant to the "quick take" provisions of Minnesota Statute ~ 117.042. 3. The Mayor and City Clerk are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. This resolution adopted by recorded vote of the Farmington City Council in open session on the 22nd day of January, 2002. Attested to the 22nd day of January, 2002. Mayor City Administrator SEAL /73