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Home My WebLink About01.07.02 Council Packet 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 7, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Community Development . CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (12/17/01 Regular) b) Approve Non-Bargaining COLA - Administration c) Capital Outlay - Fire Department d) Capital Outlay - Parks and Recreation e) Capital Outlay - Police f) Approve Street Lighting Installation - Engineering g) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration b) Communication from Charter Communications - Administration c) Communication from Metropolitan Council - Administration d) League of Minnesota Cities Leadership Conference - Administration e) Proposed Traffic Signal - 3rd Street and CSAH 50 (Elm Street) - Engineering f) Vermillion River - Memorandum of Understanding - Engineering g) Vermillion River - Proposed Trout Stream Designation - Engineering h) Authorize Use of Eminent Domain - Middle Creek Trunk Sanitary Sewer and Watermain Extension Project - Engineering Action Taken Pages 1-12 Pages 13-14 Page 15 Pages 16-17 Page 18 Pages 19-20 Page 21 Pages 22-49 Page 50 Pages 51-54 Page 55 Pages 56-61 Pages 62-73 Pages 74-90 Pages 91-93 11. UNFINISHED BUSINESS ~? NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA REGULAR CITY COUNCIL MEETING January 7, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Community Development - CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (12/17/01 Regular) b) Approve Non-Bargaining COLA - Administration c) Capital Outlay - Fire Department d) Capital Outlay - Parks and Recreation e) Capital Outlay - Police f) Approve Street Lighting Installation - Engineering g) Approve Bills 8. PUBLIC HEARINGS 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration b) Communication from Charter Communications - Administration c) Communication from Metropolitan Council- Administration d) League of Minnesota Cities Leadership Conference - Administration e) Proposed Traffic Signal - 3rd Street and CSAH 50 (Elm Street) - Engineering f) Vermillion River - Memorandum of Understanding - Engineering g) Vermillion River - Proposed Trout Stream Designation - Engineering h) Authorize Use of Eminent Domain - Middle Creek Trunk Sanitary Sewer and Watermain Extension Project - Engineering Action Taken Introduced Approved R1-02 Information Received Information Received Information Received Approved Approved Approved Information Received Information Received Information Received Approved Authorized Authorized Postponed 1/22/02 11. UNFINISHED BUSINESS ~2. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN 7CL COUNCIL MINUTES REGULAR December 17,2001 1. CALL TO ORDER The meeting was called to order by ~yor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and C(>uncil in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch Audience: Matt Brokl, Acting City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Dan Siebenaler, Police Chief; Lee Mann, City Engineer; Karen Finstuen, Administrative Services Manager; Lee Smick, Planning Coordinator; Brenda Wendlandt, Human Resources Manager; Mike Schultz, Associate Planner; Cynthia Muller, Executive Assistant John Y oung, Je~ette Breheim, Steve Juetten, John Schultz, Carl Grosse, Mike Olson, Ben Ford, Lee Eden, Kim Griffith, Bill Prins, William Johnson, Pat Hansen, Douglas Bonar 4. APPROVE AGENDA MOTION by Cordes, second by Sod~rberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Daycare Issues for Farmingt()n - Jeannette Breheim Ms. Jeannette Breheim, 509 ]qliet Drive, Lakeville, stated if there are 5 elementary schools, there shmdd be more than 3 daycare centers in Farmington. She contacted staff and was told there is plenty of in-home daycare. She is concerned about children with:special needs. There can be 10-12 children per in- home daycare, which means there would have to be 230 in-home day cares in Farmington. She would like the City to zone for more daycare. Tiger Tots is too expensive and is only during the school year. With so many children, the City needs to address day care issues. She has contacted the school district and was told it is not their problem. C()uncilmember Strachan stated this is a serious problem. The City's role is to create an environment where there are not undue regulations that prohibit people from opening day cares. The County is in the same place as they license daycares, and suggested Ms. Breheim contact the County Commissioner. Councilmember Soderberg stated current zoning does allow for daycare. Staff confittmed day care is allowed in all the business districts and residential districts. ) Council Minutes (Regular) December 17, 2001 Page 2 7. CONSENT AGENDA a) Council Minutes (12/3/01 Regular) was pulled so Councilmember Verch could abstain from voting as he was absent from that meeting. MOTION by Cordes, second by Soderberg approving Council Minutes (12/3/01 Regular). Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. b) Appointments to Boards and Commissions was pulled by Mayor Ristow to change the interview date. MOTION by Cordes, second by Verch to change the interview date for boards and commissions to January 12,2002 at 8:15 a.m. APIF, MOTION CARRIED. h) Consider Resolution - Establishing 2002 Charges and Fees for Licenses and Permits - Administration Councilmember Soderberg noticed there were some significant increases in fees over last year. Cigarette licenses went from $25 to $100. Appeal of Zoning decisions and vacation of right-of-way has a $50 increase. He asked why there is such a substantial increase and if it is necessary for such an increase. Police Chief Siebenaler commented, on the cigarette license that is the general fee and will bring us more in line with other cities. These fees will help offset compliance checks. Councilmember Soderberg stated appeal of zoning requests come from private citizens. They have already experienced considerable fees prior to bringing the appeal to Council. Planning Coordinator Smick stated this was increased because of the amount of time it takes staff to process the appeals, which require a public hearing. Councilmember Soderberg felt the increase would not cover staff time and as it would be a private citizen, he would like to see the fee reduced. He stated the Vacation of Public Right-of-Way could be left at $200, but would like to see the Appeal of Zoning Decision left at $150. Councilmember Soderberg also felt the fees for roofing, siding, windows, etc. was also too high. City Engineer Mann stated the increases more accurately reflect the amount of time spent inspecting those situations. Councilmember Soderberg also questioned under Current Services, the actual cost plus 25% for staff time for processing. Finance Director Roland stated this fee has been in effect for the past five years. The 25% is based on actual footage of office space for the engineers, city vehicles and phones. Other cities charge anywhere from 10% - 30%. Councilmember Soderberg also had a question on Schedule F, Trunk Sanitary Credits, but he will meet with City Engineer Mann. Councilmember Verch asked why the dog license fee went from $5 to $8. PoliceChief Siebenaler responded this is to offset the cost associated with animal licensing and enforcement, although this will not even reach what is spent on animal control. ~ Council Minutes (Regular) December 17, 2001 Page 3 MOTION by Soderberg, second b~ Cordes adopting RESOLUTION RllO-OI Approving 2002 Charges and Fees, for Licenses and Permits with the amendment to the Appeal of Zoning Decisions to ,$150. APIF, MOTION CARRIED. MOTION by Strachan, second by So<lerberg to approve the Consent Agenda as follows: c) Authorize Engagement Audit Firm 12/31/01 Audit - Finance d) Capital Outlay - Fire Department e) Capital Outlay - Parks and Recreation f) Adopted RESOLUTION RI08-0t Approving Gambling Event Permit - Southern Dakota County Sportsman's Club - Administration g) Adopted RESOLUTION RI09-0t Approving Gambling Event Permit - Chamber of Commerce - Administration i) Adopted RESOLUTION RIll-OI Accept Donation Senior Center - Parks and Recreation Councilmember Soderberg stated it is nice to see the bordering communities participate in a facility that is used by all the seniors. j) Adopted RESOLUTION R1l2-0l Approving Historic Preservation Consultant Services - Administration k) Received Information School and Conference - Police Department 1) Accepted Resignation - Senior Ce1)ter Advisory Board - Administration m) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Consider Resolution - 19Sth Street W Extension Project - Engineering The proposed improvements to 195th Street from Flagstaff Avenue easterly to the existing pavement west of Pilot Knob Road, will be made in cooperation with Dakota County. County Road ,64 has been identified as a future four-lane, undivided, minor arterial and is the subject of continuing study in the County's East-West Corridor Study. The County has areed to include their portion of the funding (55% of the project costs) for the 195 Street project in their program for 2003. The estimated project cost is $921,000. Dakota County will fund $506,600, the City's portion is $260,200, and $154,200 will be assessed. There are three property owners whi~h will be assessed. One is the school district, the property on the north side of 195th Street, the Donnelly property is currently in ag- preserve and cannot be assessed at this time for the improvements. Mr. John Schultz, 19568 Exceptional Trail, asked if there will be a walking path along 195th Street to allow the children to get to school. City Engineer Mann stated staff has been working with the County and School District regarding installing a path as that is also a concern of the school. Planning Coordinator Smick stated a trail is propose4 in the southern portion of Charleswood which will also provide an outlet to the school. Mr. John Young, 19468 Evening Star Way, asked which three properties will be assessed. City Engineer Mann replied they are the three properties between 3 Council Minutes (Regular) December 17, 200 1 Page 4 Flagstaff and the Charleswood development on the south side of the roadway. The existing properties in Charleswood and Troy Hills are not part of the assessment area. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Verch adopting RESOLUTION Rl13-01 ordering the project and authorizing the preparation of plans and specifications. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Accepting Presbyterian Cemetery - Administration With the impending development of the Middle Creek Estates plat, recognition of a small abandoned cemetery has come to the attention of staff and the HPC. Old Plat maps indicate that the cemetery was owned by the Farmington Presbyterian Church. Records provide names of persons buried in the cemetery that are representative of some of Farmington's earliest families and may have been associated with other churches. Pastor Carl Grosse, First United Presbyterian Church, stated many of the families associated with the cemetery were members of the church in the 1800's. They have not been able to locate any deed or formal record associating the cemetery with the Presbyterian Church. Back then, it was just understood it was the Presbyterian Cemetery. The church was notified because of the Middle Creek plat and the interest of the HPC. The church is very grateful to the HPC, the City, and especially Karen Finstuen for their efforts in preserving the cemetery. The church is unanimously behind transferring any rights to the cemetery to the City. Mayor Ristow asked if the 24 graves are in this area or scattered. Pastor Grosse stated it is difficult to tell as the grave stones have been moved several times. They are in that proximity. City Administrator Shukle stated the state historical society would typically be contacted in these matters. Planning Coordinator Smick stated an archeological survey was done on the Middle Creek site in October 1999, and the survey stated no inventoried historic properties or archeological sites were found. The cemetery is not a portion of Middle Creek. Administrative Services Manager Finstuen stated the HPC consultant will assist in developing a plan for the cemetery and also assisting with archeological advice from his colleagues. It is apparent where the graves are located in the area. The boundaries of the cemetery are far outside where any graves are located. Councilmember Soderberg stated this meets the definition of an abandoned cemetery and asked if this requires County delegation? Administrative Services Manager Finstuen stated if it were not located within the City it would be County responsibility. Attorney Brokl stated if it is within the City boundaries, the City has jurisdiction. Councilmember Soderberg asked if the County would appropriate funds for the care of the cemetery? Attorney Brokl stated again that is t/ Council Minutes (Regular) December 17, 2001 Page 5 if the cemetery is located outside the City limits. Councilmember Strachan asked if the HPC has determined how it will be cared for. Ifit is overgrown, it should remain overgrown. Administrative Services Manager Finstuen stated the HPC will develop a plan but most of the discussion so far has been to leave it in it's natural state, but to make it look more cared for and perhaps provide a trail to reach the area. If there were some type of hedge, it would periodically be trimmed and leaves collected perhaps every three years. The developer has agreed to mark the boundaries. Discussions are being held as to whether it would be corner stones or an insignificant fence. MOTION by Strachan, second by Cordes adopting RESOLUTION R114-01 agreeing to accept an abandoned cemetery from the First United Presbyterian Church contingent on county action. APIF, MOTION CARRIED. b) November 2001 Financial Report - Finance Council received the budget to actual review for November. Revenues for licenses and permits exceeded what was expected. The expenditures are running under budget. The general fund is well under it's required budgetary amount. c) Consider Resolution - Riverbend Preliminary Plat - Community Development Newland Communities proposes to plat 140 single-family lots on 107.23 acres in the Riverbend Preliminary Plat. The proposed subdivision is located west of Dakota County Estates and north of the proposed Meadow Creek development in the northeast corner of the City. A total of five outlots make up the remainder of the plat. Outlots A, B. and C consist of storm water management ponds, Outlot D consists of the neighborhood park, wetlands, and flood plain, and Outlot E is preserved for the east-west corridor right-of-way. Lot sizes will range from 10,000 to 26,566 square feet. Two housing types are proposed including 89 split entry lots and 51 split entry walkout lots. The property is marketed toward housing in the $170,000 - $200,000 price range. Grading and utility installation is proposed to occur in 2002 with housing construction to begin in late 2002 or early 2003 with final build-out in 2005. Approximately 80% of the lots will be provided with amenities such as a park, pond or wetland adjacent to the lots. The developer revised the schematic PUD to 272 single-family units from the original 168 single family lots and 94-201 multi-family units to cut down on the amount of traffic. There is also a 75 foot right-of-way for a future east/west corridor. If the east/west corridor does not go through, the lots along this area will be that much deeper. Four accesses are proposed from the Riverbend project including two accesses to the west through Dakota County Estates at Upper 1820d Street and Upper 183rd Street. Three accesses are proposed to the south through the proposed Meadow Creek subdivision. The access to the north is currently under review by Dakota County for a connection with a proposed east/west corridor. The proposed east- west corridor has been identified by Dakota County to connect between Pilot Knob Road and Trunk Highway 3. s Council Minutes (Regular) December 17, 2001 Page 6 Floodplain takes up most of the eastern half of the property. No final platting of lots will be allowed in areas currently identified within the floodplain until the Letter of Map Revision is approved by FEMA. The Developer currently shows a trail connection with Meadow Creek in the south central portion of the Riverbend plan along with a sidewalk on the east side of the north/south collector street. The City of Lakeville has suggested that a trail connection with Riverbend be established with a proposed trail in Lakeville. Councilmember Verch asked what the possibility is of installing cement sidewalks in the existing Dakota County Estates? Planning Coordinator Smick stated the residents petition if they want sidewalks, then they are assessed for the sidewalk. Residents of Dakota County Estates would have to initiate the request. Councilmember Cordes asked if the northeast corner is developable? Planning Coordinator Smick replied that is part of the Seed/Genstar property. Mayor Ristow stated regarding the two cul-de-sac streets to the north, will there be a barrier or cul-de-sac? When traffic gets to the end of the street, is there some type of turnaround there? City Engineer Mann stated in the past the City has installed temporary cul-de-sacs. The street can be signed that it is a dead end, and there will be a barrier with signs stating a potential through street. This can be reviewed in the construction plans. Councilmember Verch asked if a temporary road could be installed for construction traffic. Planning Coordinator Smick stated Lakeville is not amenable to that. Councilmember Verch asked if one road would be designated for construction traffic? Mr. Steve Juetten, developer, stated one road can be designated for construction traffic, probably from the stop light at Pilot Knob Road. Councilmember Verch stated he would like to see speed humps on that road as there is a park there and the traffic is bad enough already. The speed humps should be paid for by the developer or the City and not assessed to the residents. Councilmember Strachan stated the letters from Lakeville are specific about having no intention going past Pilot Knob Road with an east/west corridor. For Lakeville there is no upside to go through the process. He is not confident that 178th Street will go through. Councilmember Strachan would feel more comfortable with something in writing from Dakota County stating they are committed to one mile spacing for east/west corridors. Planning Coordinator Smick stated Dakota County will be actively looking at east/west corridors through Lakeville, Farmington, and Empire. Attorney Brokl stated that could not be a contingency and the City should not expect a binding letter from the County. ~ Council Minutes (Regular) December 17,2001 Page 7 MOTION by Soderberg, second by Cordes adopting RESOLUTION RllS-Ol approving the Riverbend Preliminary Plat contingent on the approval of construction plans for grading, storm water and utilities by the Engineering Division. Mr. Pat Hansen, 507 Upper 1820d Street, stated all this traffic will go by his house. A 38 foot wide street will go into a 32 foot wide street. Traffic will use only 2 exits. There are 2 bus loads of children. There is too much traffic to cross the street to the park. He has no problem with the development. It would be fine if there were decent roads going in and out. The streets cannot handle 500 more cars a day. It was suggested to put in sidewalks, the lots are not very big now. Some people have boats and campers they cannot get to their back lawns. In the winter they park on the front lawns. He does not want the plat approved without a road developed to the north. City Engineer Mann stated on a 32 foot wide street, the plans include 8 feet for parking. If there are two cars parked directly across from each other there is 16- 20 feet left for cars to pass. The standard width for a neighborhood road is 32 feet. Parking is allowed on both sides. The wider the street, the faster the traffic will go. Councilmember Verch asked if it could be postponed until discussions are held with the County regarding an east/west corridor to the north. Councilmember Cordes stated the road system is there. It is not perfect, but the roads can handle the traffic. Council cannot come up with any findings of fact to deny it. Mr. Hansen asked if 1820d Street has weight or noise restrictions? City Engineer Mann replied most roadways are not posted. When limits are on, the City requests construction traffic use the shortest route. Significant deterioration of roads has not been seen in recent developments. Voting for: Ristow, Cordes, Soderberg, Strachan. Voting against: Verch. MOTION CARRIED. d) Consider Resolution - Approving Meadow Creek 1st Addition Development Contract Addendum - Engineering The trunk sanitary sewer pipeline that was installed as part of the Prairie Creek 4th Addition could have been installed 5 feet deeper than it was. The sewer pipeline is not deep enough to service future phases of the Meadow Creek Development in accordance with City standards. The Developer has been aware from the outset of the project that either the site would need to be raised or the sewer line would need to be lowered. Another option that may be viable in the third and subsequent additions is the possibility of service from the proposed Riverbend development from the north. 7 Council Minutes (Regular) December 17, 2001 Page S The addendum to the development contract for Meadow Creek is required prior to City approval of the grading plan, to clarify future requirements of the Meadow Creek Development. The addendum covers the following: The Developer agrees to construct all future sanitary sewer to City standards; The Developer agrees to lower the existing trunk sewer pipeline at the Developer's sole cost and/or obtain sanitary sewer service from the development to the north (Riverbend), at the Developer's sole cost, to serve future phases of Meadow Creek; and The Developer agrees that the City can hold surety from the first addition letter of credit to cover the lowering of the existing sanitary sewer pipe. The developer has agreed with the above points. MOTION by Verch, second by Cordes adopting RESOLUTION R116-01 approving the addendum to the Meadow Creek First Development Contract. APIF, MOTION CARRIED. e) Akin Road Study Issues - Engineering There are three issues that have been raised regarding Akin Road that have been reviewed by the traffic engineer. The first issue was the placement of trail crossings across Akin Road. Crossings should be located where there are trails on both sides of the road. At the intersection of CSAH 50, there is a signal to cross all legs of the intersection. No additional controls are needed there. Along 193rd Street, there is a trail on the south side of the street on both sides of Akin Road. A crosswalk and trail crossing signs could be installed, however, it has been the City's practice not to install crosswalks on a higher speed collector roadway without stop control at the intersection. At 203rd Street, there is a trail on the east side of Akin and a sidewalk on the west side, south of203rd Street. A crosswalk and trail crossing signs could be installed, however the City's practice is to not install crosswalks on a higher speed roadway without stop control at the intersection. When a trail is installed along the north side of 195th Street, west of Akin, a crossing will be installed to connect to the trail on the east side of Akin. There is an all-way stop control at this intersection. The second issue is school speed zones. At Akin Road and 20Sth Street on the day of field observations, there were 3-5 cyclists and one school age pedestrian observed in total, before and after school. At Akin Road and 195th Street, no cyclists or school age pedestrians were observed. Based on these findings, the traffic engineer determined that there is no need for a school speed zone on Akin Road. The third issue is urban district designation. There is one area along Akin Road that meets the Urban District definition. This area is on the west side of the roadway and begins at Dunbar Avenue and extends southerly for a distance of approximately 2200 feet. MnDOT has indicated that the speed limit on Akin Road should be set at 50 mph. The traffic engineer does not recommend establishing a 30 mph zone, of such short length, between 50 mph speed zones. 'tJ Council Minutes (Regular) December 17,2001 Page 9 Councilmember Strachan agreed that crosswalks should not be installed where there is no traffic control. The difference between 50 mph and 45 mph is big. 45 mph would be a huge improvement. He has noticed the speeds on the curve have been reduced because of the stop sign at 195th Street. If the City told the State that crosswalks would not be installed and there is an urban district, would the State make it 45 mph? City Engineer Mann replied it is always beneficial to ask. There is a speed limit at which there is a fewer amount of accidents. Another speed study will be done next year after Akin Road is complete. It is possible the State would entertain 45 mph with the addition of the stop signs and the urban district. Councilmember Soderberg stated only the residents that fronted Akin Road were considered, is that standard practice? City Engineer Mann replied that is his understanding. The big issue with the urban district is the driveways and the traffic coming in and out. If that area is designated as an urban district with 30 mph, perhaps the state would say then it makes more sense to have the rest of the road at 45 mph. Councilmember Cordes asked if Council can say we want the road to be 40 mph and if we do what are the ramifications? Attorney Brokl replied under the statute, anything that backs up to the street does not count for an urban designation. Council could designate that section at 30 mph, the rest of the road is outside the City's jurisdiction. The MnDOT criteria would have to be met. Councilmember Cordes stated there are other towns that have speed zones that do not make sense and if we did it, how much trouble do we get into? Mayor Ristow stated regarding Hwy 3, that is 45 mph, can that be compared to Akin Road? Attorney Brokl replied it would have to do with the nature of the property surrounding it. Speed zones would have been set by MnDOT or some speed zones have been historically set and have been grandfathered in. Councilmember Strachan asked if it is a good idea for us to ask for 45 mph? Councilmember Soderberg stated he would settle for 45 mph, but would like to see 40 mph. City Engineer Mann stated he will talk with MnDOT. Counci/member Strachan left the meeting at 9:45 p.m. Councilmember Soderberg, stated with regard to crosswalks there were a couple places designated for crosswalks, 193rd, 195th, and 203rd Street. Those intersections don't meet traffic warrants, but wouldn't the need for a crosswalk there be a justification for a stop sign? City Engineer Mann replied that is typically not part of the warrant. Unless there is a stop sign in the past, a crosswalk is not installed. There is a warrant that has to do with pedestrians. In those areas the warrant is not met for the volume of pedestrians. Councilmember Soderberg stated the pedestrians probably don't cross there, because there isn't a crosswalk. CJ Council Minutes (Regular) December 17, 2001 Page 10 Councilmember Verch stated the study was done October 31 and November 1. It is dark at 6:30 in the morning. He thinks the study should have been done in April when it is light outside. He would like to see it redone the end of April. Council agreed to ask the State to designate Akin Road at 40 mph. 11. UNFINISHED BUSINESS a) Consider Resolution - Middle Creek Estates Preliminary Plat - Community Development This item was continued from the November 19,2001 Council Meeting. There were five concerns Council wanted to see resolved between staff and the developer. 1. Completion ofa tree inventory/survey of the area from house pad to house pad. The developer did complete a survey and staff has discussed with the developer to preserve a few trees in the area and staff will continue to work with the developer to preserve as many trees as possible. 2. Continued discussion and investigation of both the length and width of the proposed cul-de-sac. The developer is proposing a 1,410 foot cul-de-sac, which exceeds the 500 foot maximum by 910 feet. The proposed roadway width is 30 feet back-of-curb to back-of-curb or 28 feet face-of-curb to face-of-curb. There were concerns from the Fire Department regarding the width and length of the road. The developer has agreed to widen the road to 32 feet. The landscaped island at the end of the cul-de-sac is proposed to remain. Staff did conduct maneuvers on one of the 28 foot wide roads in Middle Creek and there were no problems with any apparatus turning around. 3. Identification and protection of the abandoned Presbyterian Church cemetery. Staff is recommending the developer be responsible for half the cost of developing a fence for identifying the boundaries of the cemetery. Staff will review fence options with the HPC and Parks and Recreation department. The developer will still be fully responsible for identification and placement of the property corner pins. 4. Mike Haley driveway relocation. Mr. Haley has submitted a statement in writing agreeing to the lot boundary adjustment and relocation of his driveway from Akin Road to the proposed cul-de-sac road. The existing drive will be removed and the yard landscaped. 5. Wetland Conservation Act Permit application. A wetland impact permit was sent out for review and the Wetland Conservation Act Technical Evaluation Panel did meet on-site in October to discuss the wetland mitigation and banking site. The WCA TEP did determine that the site was viable for wetland replacement but that a landscape plan needed to be submitted and approved by the WCA TEP. Councilmember Verch stated he talked with the Fire Chief, who called the Fire Marshal regarding the center island. They would like to see the island removed. /0 Council Minutes (Regular) December 17,2001 Page 11 Associate Planner Schultz stated the driver of the truck did not have any problems maneuvering around the island. Planning Coordinator Smick stated she was on site when the fire trucks took the turn and the driver had no problems. However, if the Fire Chief wants the island removed, she has talked with the developer and it is no problem to remove it. Councilmember Verch asked if the cul-de-sac will be 100 feet? Planning Coordinator Smick stated that is City policy. Mayor Ristow stated there were other issues such as the fence for the cemetery and assessments. Associate Planner Schultz replied the developer will be responsible for half the cost of the fence and also identifying the boundaries. The type of fence will be determined by the HPC and Parks and Recreation. Mayor Ristow would like Council to have final approval of the type of material used to mark the boundaries of the cemetery. Mayor Ristow then asked about the assessments. There were assessments done on Akin Road or CSAH 31 for 1/2 mile each way. Which road will these properties be assessed for? City Engineer Mann replied these properties will be included in the Akin Road project. Mayor Ristow then asked about the assessment for the sewer and water line. Finance Director Roland stated the deferred assessment affected Pine Knoll. Mayor Ristow stated it did not. Everyone was assessed from 208th Street north. Finance Director Roland stated if that is the case, it is not reflected in the assessment role. The Pine Knoll assessments for sewer and water were part of the 1994 project. There were assessments for the project and reduced assessments. Mayor Ristow asked where the sewer and water will hook up to? City Engineer Mann replied they will hook up to Akin Road. This development will be paying into the trunk fund and the developer will build his own lateral sanitary sewer. Mayor Ristow stated he wanted to make sure the developer would be paying the same as anyone else. The Middle Creek Estates Preliminary Plat is contingent upon the following: 1. A Conservation Easement be filed with Dakota County for Outlot B protecting the vegetation along the rear sides of the lots adjacent to the DNR Protect wetland; 2. The developer continue working with City staff concerning the tree inventory to maximize the preservation of trees within the construction area of the development; 3. The road width be modified from 28 feet to 32 feet face-of-curb to face- of-curb and the cul-de-sac center island be removed; 4. The Developer will share half of the costs for construction materials and installation in identification of the cemetery property to be determined by the Heritage Preservation Committee and Parks and Recreation Department and approved by the Council. MOTION by Soderberg, second by Verch approving the Middle Creek Preliminary Plat with the above contingencies. APIF, MOTION CARRIED. /1 Council Minutes (Regular) December 17, 2001 Page 12 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Counc;lmember Verch: Received a couple comments from residents wanting to know why Spruce Street has a big bump by the railroad tracks. City Engineer Mann replied they are working on that to correct it. Mayor Ristow: Thanked Police Chief Siebenaler for doing a good job organizing Toys for Town. Mayor Ristow, Councilmember Strachan, and Planning Coordinator Smick attended a meeting at the school to hear students' requests for a teen center. 14. ADJOURN MOTION by Cordes, second by Verch to adjourn at 10:17 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7~?r7~ Cynthia Muller Executive Assistant fa City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7/; TO: q::\ Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Cost-of-Living Adjustment for Non-Represented Employees DATE: January 7, 2002 INTRODUCTION The City typically approves cost-of-living adjustments for non-represented employees. These adjustments would take place effective January 1, 2002. DISCUSSION Cost-of-living adjustments for non-bargaining employees have been reviewed and are proposed attwo percent (2%) effective January 1, 2002 and an additional two percent (2%) effective July 1, 2002. Non-bargaining employees for purposes of this cost-of-living adjustment includecontidential and non-represented employees, supervisory staff, and senior-level management personnel. Additionally, the City contribution for group insurance will be $536.00 per month. This increase is appropriate based on the premium increase to the City. All other employees belong to collective bargaining units which require the City to formally negotiate changes in the terms and conditions of employment through the collective bargaining process. Negotiations with the organized bargaining units are currently in progress. BUDGET IMPACT Funding for the cost-of-living and insurance contribution increase is included in the 2002 City Budget. ACTION REOUESTED Adopt the attached resolution approving the Cost of Living wage adjustment effective January 1, 2002 and July 1, 2002 for non-represented City employees; and approving the increase to the City contribution for group insurance effective January 1,2002. Respectfully submitted, ~~c$#~dt- ,i Brenda Wendlandt, SPHR Human Resources Manager /3 RESOLUTION No. R -02 APPROVING COST -OF-LIVING ADJUSTMENTS FOR ALL NON-REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2002 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 7th day of January, 2002 at 7:00 p.m. Members Present: MeDlbersi\bsent: WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to recognize annual inflationary increases in cost-of-living standards as measured by the Consumer Price Index (CPI), and regional economic and market-based indicators; and, WHEREAS, the annual percentage adjustments of two (2) percent effective January 1, 2002 and two (2) percent effective July 1,2002 are within the expenditure guidelines established in the 2002 Budget; and, WHEREAS, the City contribution for group insurance will increase to $536.00 per month effective January 1, 2002; and, WHEREAS, non-bargaining employees are defined as those public employees not formally represented by an exclusive bargaining group as defined under Minnesota Statute. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost-of-living adjustments of two (2) percent effective January 1, 2002 and two (2) percent effective July 1, 2002 for all non-represented employees; and approve the increase to the City contribution for group insurance effective January 1, 2002. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of January, 2002. Mayor Attested to the day of , 2002. City Administrator SEAL /'1 7e., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator~' FROM: Ken Kuchera, Fire Chief SUBJECT: Capital Outlay - Fire Department DATE: January 7, 2002 INTRODUCTION The Fire Department is planning to purchase 12 pager replacements. DISCUSSION The new pagers will equip 1/3 of the members with the newest in technology with a number of additional options. BUDGET IMPACT Approved in the 2002 Capital Outlay Budget. ACTION REOUESTED For information only. Respectfully submitted, f' ~ K~-- Ken Kuchera Fire Chief /5 ~~/ll/~~~l 1~:19 E,51917429422 BEARCOM PAGE 01 ~ '4 - . "-'1j"'~" '\;~f', . ~T:6: (/.- . ... c/o Mn. ZOO 750 r,uater ROM1 ~. P.fI~ 4f1~of. 557111 r., 851.'41.'061 r., ''fZ.8.,.U56 Fp '57.~1J.3J!$ WWW.be.reom.com .. ~91V1 C/O PH. 952-953-2604 Tom Hemiah FAX..n-431..9367 '0' 0' _.. ;" 0..; e.:12..o1, It8III Qty D8ecrlpUon Per Unit ExtMdecl 1 ;2 Motorola Minitor 3 1356.00 ' 14.272.00 1Freq. Stored Voice Includes: C.... B8lt8ries, Charger Ona Vear warrenty, Belt Clip. 2 12 Extended Wamanty 5 Veer Total $38.00 $458.00 o Tom. Motorola has had problem keeping up with Shipping on the Minitor 3 ' 1Freq. Stored Voice model. Depending on when your order is placed, it could take 2-6 weeks., Pat Pwd1aIe Options: Credit Sheet NHCtecI On File H.-d Copy PurchaM Order Net 30 Cap ...... Options A",.'8bI. Upon Requeat C:O.D. with Cf8dlt $' S 520.00 5 1. : I~'t~.__ . ".... '" , \ .. :. ALJIc..IllI6ID.Af' ~.~.".,.,.., ALII' C>tWr1lJ.'I \0lil t:HCAtICJ' ~jl ttfliSA CII' QIIU.4'~'" DnJIIQIT' I!J. 19'5O' ,..~. fOoQULU' ~. &.oU \IIGM ~os.uGaa: _'IIIIIW'tOIfItINflW.."..,' CliUf"""'" CA' ~1lIOO ~L"""'lWXtIIlJl' ~IlICI' IfIWftSIDIi. CA' 5ACIWtf6""". 5o\I.Tl,.UCC'''''' MAlAN7QNIO'SlUlIDIfGI SAAI ,~. SAN ~ CA' S;WTA ~ c:. sv.TT., !HOW LOW 1lZ' 51~1IlItA "'S1llI. ~' "Lo.ns, S~~ IlU$ ~'l TUC$CW ""'"' ClTlfIl"" """$folIIoCS7gIlI. DC ( 7d 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 Administrator5 James Bell, Parks and Recreation Director cf. . FROM: SUBJECT: Capital Outlay Purchases - Parks and Recreation Department DATE: January 7, 2002 INTRODUCTION The 2002 Budget authorizes the purchase of Solid Waste vehicles. DISCUSSION The 2002 Budget authorizes the purchase of a second multi-tech truck chassis and hook for the cardboard and industrial collection portion of the Solid Waste operation. The chassis bid is from the State of Minnesota Bid Contract. The bid is as follows: 1. Nelson GMC $38,503.00 Staff received quotations for the hook mechanism to be installed on the above truck chassis. This piece of specialized equipment is used on the containers the City has in its solid waste inventory. The quotations are as follows: 1. ABM Equipment 2. Elliott Equipment $15,500.00 including installation $15,795.00 including installation The total cost of the multi-tech vehicle will be $54,003.00. The vehicle this multi-tech truck will replace has been transferred to the Parks Maintenance Division for flooding rinks and other duties. The other authorized vehicle to be purchased is for an automated packer. This packer is smaller than the other automated packers the City owns. This packer is designed to operate in small tight areas. It will be used in the town home areas within the City to serve the town home customers more efficiently. The truck chassis bid again is off the State of Minnesota State Bid Contract. The bid is as follows: 1. Chesley Truck Sales $48,592.00 Staff requested quotations on automated packer specifications from two suppliers of the specialized automated packer that is needed for the above chassis. The only quotation received is as follows: I~ 1. McQueen Equipment $49,872.00 including installation The other vendor declined to forward to staff a quotation. The total cost of the automated packer is $98,464.00. BUDGET IMPACT Funds were budgeted for this purchase in 2002. The total cost ofthese two vehicles is lower than the $175,000.00 budgeted in the 2002 Budget Document. RECOMMENDATION For City Council information only. Respectfully submitted, -L~~ James Bell Parks and Recreation Director /7 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, CounciImey,9i and City Administrator ",~\, FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Capital Outlay, Squad Car DATE: January 7, 2002 INTRODUCTION The 2002 Budget authorizes the purchase of a new squad for the Police Department. Staff is prepared to proceed with ordering that vehicle at this time. DISCUSSION Staff has solicited price quotes for a 2002 squad car. The low quote comes from Air Lake Ford. The quote of $21,886.00 is actually lower than the price for the same car in 2001. Ordering at this time will put the City on track for early delivery after production of the squad cars begins in approximately March. BUDGET IMPACT The price quoted is within budget allocations. ACTION REQUESTED Information only. Respectfully subIJ}.itte4, c\j]1C,. . J 0 p/ ~(~~~ Daniel M. Siebenaler Chief of Police 7e If) City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7-F ~( TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Street Light Installation - 195th Street & Pilot Knob Road DATE: January 7,2002 INTRODUCTION Two (2) 250 watt street lights are proposed at the intersection of 195th Street and Pilot Knob Road. DISCUSSION Recently, Dakota County has reviewed concerns regarding the number of accidents that have occurred lately at the intersection of 195th Street and Pilot Knob Road. A study was conducted by Dakota County to determine ways the intersection could be made safer. The installation of overhead lights was proposed by the County's traffic engineer as a method of improving safety at the intersection. BUDGET IMPACT The cost to install two (2) 250 watt lights on 35 foot fiberglass poles on the northeast and southwest corners of the intersection is estimated at $6,500.00. The funds for this project are available and will be provided from the Road and Bridge Fund. ACTION REOUESTED Approval by motion to install two (2) 250 watt street lights at the intersection of 195th Street and Pilot Knob Road. Respectfully submitted, ~fi1~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file /9 ATTACHMENT "A" 1915T e- LL U ~"J / ~ ~y// "< n---- PROPOSED STREEirLlGHT LOCATIONS /0,>- >C;~ V>S?f6> / )/{(;\ dO /00- 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'f' r FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Annual Organization Matters DATE: January 7, 2002 INTRODUCTION State law requires that the City Council address annual organizational matters during its first regular meeting of the year to make certain designations and appointments. DISCUSSION The Council has traditionally taken this time to approve the following actions along with other actions affecting either process or procedures. lOa (1). Acting Mayor - Council By-Laws provide that an Acting Mayor be appointed on a rotating basis in the absence of the Mayor. Councilmember Verch, subject to recorded popular votes in the 1998 General Election, is eligible for appointment as Acting Mayor. lOa (2). Official Publication - Per State law, the Farmington Independent is the only publication located within the City's corporate limits and as such qualifies as the City's legal newspaper. lOa (3). City Attorney - Joel Jamnik with the firm of Campbell Knutson respectfully requests reappointment as City Attorney for the year 2002. The contract with an effective date of 1/1/01 will remain in place for 2002. lOa (4) Consulting Engineers - The firm of Bonestroo, Rosene, Anderlik & Associates (BRAA) has submitted information regarding services that are available to the City, along with 2002 Rate Schedules for both Private and Public Developments. BRAA has provided the City with exceptional service value, high quality customer service and expertise on a range of City projects. Appointment of BRAA as the City's consulting engineers under the new 2002 Rate Schedules is recommended. old? lOa (5). Official Depositories - Please refer to the attached memo from the Finance Director that identifies official City depositories for fiscal year 2002. lOa (6). Council By-Laws - Please review the attached Council By-Laws document. No suggested revisions to the by-laws have been identified by Council for the year 2002. lOa (7). Process Servers - The Farmington Police Department is the designated City Process Servers. lOa (8). City Clerk's Bond - State law requires the City Clerk be bonded. The City has obtained a bond in the amount of $250,000 which is more than adequate to meet City needs. lOa (9). Fees and Charges - At the December 17, 2001 meeting, Council adopted Resolution RllO-01 establishing fees and charges for the year 2002. No action is necessary. lOa (10). Boards and Commissions - A special meeting has been scheduled for Saturday, January 12, 2002 at 8:15 a.m. in the Council Chambers for the purpose of interviewing Commission candidates. Appointments as approved by Council will be placed on the January 22, 2002 Council Agenda (the second meeting in January is moved to Tuesday due to the federal holiday). Three seats will continue to be unfilled with the present number of applications. Council may want to re-advertise or if you know of persons who want to apply, they are encouraged to do so. lOa (11). ALF Ambulance Board Appointment Primary and Alternate - A primary and an alternate Council member will need to be appointed to the ALF Board for 2002. Councilmember Strachan currently serves as the primary representative and Councilmember Soderberg serves as alternate on this board. lOa (12). Castle Rock, Empire, Eureka, Farmington (CEEF) Appointment - Appoint a Council member to this committee. Councilmember Cordes served as the primary representative and Councilmember Verch served as the alternate representative on this multi-jurisdictional board in 2001. lOa (13). Joint Farmington/Empire Planning Board Appointments - Appoint and/or acknowledge a Council member, a staff member and at-large member (Planning Commission representative) to this board. In 2001 Councilmember Soderberg, the Director of Community Development and Todd Larson, Planning Commission member served on this board. lOa (14). Multi-Jurisdictional Committee - Ash Street/Prairie Waterway Phase III - Appoint and/or acknowledge two Council members and the City Administrator to serve on this committee. In 2001 Councilmembers Cordes and Soderberg along with the City Administrator were designated to this board. d.3 lOa (15). Chamber of Commerce Representative - Councilmember Strachan currently serves as the representative and Councilmember Cordes as alternate. ACTION REQUIRED Approve the above actions as indicated on the attached form. Respectfully submitted, ~,j-~ Karen Finstuen Administrative Services Manager dt.! COUNCIL MEETING ANNUAL ORGANIZATIONAL JANUARY 7,2002 10a(l). MOTION by , second by that Councilmember Verch be designated as Acting Mayor from January 7, 2002 through December 31,2002. Voting for: Against: Abstain: Motion Carried. 10a(2). MOTION by , second by that the Farmington Independent be designated as the official publication from January 7, 2002 through December 31, 2002. Voting for: Against: Motion Carried. 10a(3). MOTION by , second by appointing the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 7, 2002 through December 31, 2002. Voting for: Against: Motion Carried. 10a(4). MOTION by , second by appointing the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of 2002. Voting for: Against: Motion Carried. 10a(S). MOTION by , second by 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. Voting for: Against: Motion Carried 10a(6). MOTION by , second by Council By-Laws be approved as presented. Voting for: Motion Carried. that the City Against: 10a(7). MOTION by , second by that all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2002. Voting for: Against: Motion Carried. 10a(8). MOTION by , second by 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 Voting for: Against: Motion Carried. 10a(9). RESOLUTION NO. R 1l0-01 Establishing Fees and Charges for licenses and permits for 2002 was adopted December 17, 2001. =15 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. 10a(1l). MOTION by , second by , to appoint Councilmember as the primary and Councilmember as the alternate representative to the ALF Ambulance Board. Voting for: Voting Against: Abstain: Motion Carried. 10a(12). MOTION by Councilmember Voting for: Motion Carried. , second by to appoint as the City's representative to the CEEF Committee. Against: Abstain: 10a(13). MOTION by designation of Larson, Planning Commission Voting for: Motion Carried. , second by acknowledging the Councilmember, Kevin Carroll, Staff member and Todd member on the Joint Farmington/Empire Planning Board. Against: Abstain: 10a(14). MOTION by , second by acknowledging the designation of Councilmember and Councilmember and Ed Shukle, Staff member on the Multi-Jurisdictional Committee, Ash Street/Prairie Waterway Phase III Voting for: Against: Abstain: Motion Carried. 10a(15). MOTION by Councilmember and Councilmember Against: , second by to appoint as Council's representative to the Chamber of Commerce as an alternate. Voting for: Abstain: Motion Carried. de:, IO~~) . ROSEMOUNT Town Pages Ind~pihe(,naen t · 320 Third Street, P.O. Box 192 · Farmington, MN 55024 · Tel: 651-460-6606 · Fax: 651-463-7730 · Email: gm@farmingtonindependent.com December 27, 2001 To: The City of Farmington From: The Farmington Independent It is hereby affirmed: (a) The Farmington Independent newspaper is printed in the English language, is printed in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches. (b) The Farmington Independent is issued weekly, 52 weeks per year. (c) The Farmington Independent newspaper averages 45 percent of its printed space to paid advertising material and public notices. The balance of printed space is given to news of local interest, sports and community events. (d) The Farmington Independent newspaper has a paid circulation of 2,450 and distributes up to 2,450 without charge to residents on the Farmington post office delivery. (e) The Farmington Independent newspaper is based at 320 Third St. in Farmington, Minnesota. (f) A copy of each issue of the Farmington Independent newspaper is mailed directly to the state historical society. (g) The Farmington Independent newspaper is available to anyone who is a paid subscriber, or is distributed to them free of charge. (h) The Farmington Independent newspaper has complied with all the foregoing conditions for over one year immediately preceding date of notice of publication. (i) The Farmington Independent newspaper publishes second-class statement of ownership and circulation, sworn to by the Farmington U.S. Post Office and a copy of same will be filled with the Secretary of State before Jan. 1 of each year. Sin~e771Y... ' (}.jL Chad Richardson General manager o?? CAMPBELL KNUTSON lOa. (v Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* (651) 452-5000 Fax (651) 452-5550 John F. Kelly Matthew J. Foli Soren M. Mattick Marguerite M. McCarron Gina M. Brandt * Also /icemed in Wiscomin December 31, 2001 The Honorable Mayor and City Council of the City of Farmington 325 Oak Street Farmington, Minnesota 55024 Attention: Mr. Ed Shukle, City Administrator Re: 2002 City Attorney Reappointment Dear Mayor and City Council: It is our privilege to respectfully request reappointment as City Attorney for the City of Farmington for 2002. We appreciate the confidence you have demonstrated toward us regarding our services and we wish to thank all City officials and staff. If you have any questions concerning any aspect of our services or rates, please contact me. Very truly yours, CAMPBELL KNUTSON Professional Association "") ~ .... ~- / ,/" (f .,': "/"// ~.....",. .......,.I _ .....c-- . '. B~..< ....~ ~..; .~' .' v/ ' " Joel J. 1tiinniK JJJ:cjh Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 O?'i) AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON, Professional Association TIDS AGREEMENT, effective January 1,2001, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform general civil. municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by resolution of the City Council. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City ninety (90) days written notice before the termination becomes effective. 3. FEES. A. Campbell. Knutson will provide civil municipal and criminal 59n5.03 EBK 07112199 d9 prosecution legal services to the City for a total monthly amount which shall not exceed $8,000.00, billed at the following hourly rates: Civil Municipal Partners Associate Attorneys Legal Assistants $105.00 $ 95.00 $ 60.00 Legal services subject to inclusion in the combined $8,000.00 retainer are: · Attending all City Council meetings, other City board, commission or committee meetings as required by the City. Council or City Administrator. · Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. · Reviewing all Council and Planning Commission agenda items and minutes. · Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department Heads and other staff on general legal matters. · Reviewing municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction and purchase of equipment. · Consulting on employment related issues. · Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. · Meetings with the City Administrator and Department Heads as needed to review Council agenda items, the status of all legal matters before the City and, as requested, the provision of a written status 59nS.03 EBK 07/12199 2 30 report on current litigation and unresolved matters. . Providing a legal briefmg as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. . Providing, on a periodic basis, written updates and training on new state or federal legislation or judicial decisions impacting the City, and suggesting action or changes in operations or procedures to assure compliance.' . Reviewing bonds, deeds, securities and insurance requirements required by and for City contracts or activities. . Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. . Enforcing City ordinances, not including civil litigation or criminal prosecution. B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City, billed at the following hourly rates: Partners Associates Legal Assistants $100.00 $ 90.00 $ 35.00 All prosecution legal services will be included in the combined civil/prosecution retainer except the following: 59775.03 EBK 07/12199 · Criminal appeals. · Forfeitures of motor vehicles and weapons pursuant to state law. · Prosecution of ordinance violations initiated by any City department other than the police department. 3 d/ These non-retainer legal services would be billed at the civil municipal hourly rate. C. Non-Retainer Matters: Non-retainer civil matters would include active representation of the City in agency or legislative proceedings, grievance or interest arbitration, real estate sales or acquisition, litigation and appellate matters, and all services provided to, or on the behalf of, the City of Farmington Housing and Redevelopment Authority. Services rendered are billed according to the actual time incurred, with a minimum increment of two-tenths of an hour. D. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $90.00 to $200.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. E. Costs: Out-of-pocket costs without mark-up. Costs include: · Westlaw and other computer-based research · Recording fees · Postage of 50~ or more · Photocopies at 20t per copy · Long distance telephone calls · Litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) F. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance S9nS.03 EBK 07/12/99 4 c3::;? to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment: The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Farmington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in the same manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest, Attorney shall inform the City of the conflict. Attorney may: i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties; or iii) represent one client and withdraw from representation of the other client, with the informed consent of that client. If the City incurs outside legal fees due to Attorney's withdrawal from representation of the City, for matters that would have been included in the civil retainer, Attorney shall pay up to $3,000.00 per conflict of the legal fees for outside counsel actually incurred by the 59n5.03 EBK 07/12/99 5 33 3Y City. If the City incurs similar outside legal fees for matters that would have been outside the civil retainer, Attorney and City shall each pay one-half of the outside Council's hourly rate to the extent it exceeds $100.00. Attorney's payments shall not exceed $3,000.00 per calendar year. 59n5.03 EBK07/12J99 6 D. Effective Date: This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. Date~ .-l ,2001. CITY OF FARMINGTON BY: 1J....Lf'O~ Gerald Ristow Mayor AND J Erar ity Administrator, Clerk Dated: clru c5? t/ ,2001. CAMPBELL KNUTSON Professional Association B~L el 1. J ik Vice President 59775.03 EBK 07/12/99 7 8.5 lJj -- 1\]1 Bonestroo Rosene Anderlil< & Associates Engineers & Architects December 14,2001 City of Farmington Attn: Ed Shukle 325 Oak Street Farmington, MN 55024-1374 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal opportu~ ~~r ~ ) and Employee Owned Principals: Otto G. Bonestroo. PE. . Marvin L. Sorvala, PE. . Gienn R. Cook, PE. . Robert G. Schunicht, P.E. . Jerry A. Bourdon. PE. Senior Consultants: Robert W. Rosene, P.E. . Joseph C. Anderlik. P.E. . Richard E. Turner, P.E. . Susan M. Eberlin. c.PA. Associate Principals: Keith A. Gordon, P.E. . Robert R. Pfefferie, PE. . Richard W. Foster, PE. . David O. Loskota. P.E. . Mark A. Hanson, P.E. . Michael T. Rautmann, P.E. . Ted K. Field, rE. . Kenneth P. Anderson, P.E. . Mark R. Rolfs, P.E. . David A. Bonestroo. M.B.A. . Sidney P Williamson, PE., L.S. . Agnes M. Ring, M.B.A. . Allan Rick Schmidt, PE. . Thomas W. Peterson. P.E. . James R. Maland, PE. . Miies B. Jensen. PE. . L. Phillip Gravel III, PE. . Daniel J. Edgerton, PE. . Ismael Martinez, P.E. . Thomas A. Syfko, P.E. . Sheldon J. Johnson. Dale A. Grove, P.E. . Thomas A. Roushar, P.E. . Robert J. Devery. PE. Offices: St. Paui. St. Cioud, Rochester and Willmar, MN . Milwaukee, WI . Chicago, IL Website: www.bonestroo.com Re: 2002 General Engineering Rates Dear Mr. Shukle: We appreciate the trust you've shown in our firm as we've helped you plan for, set and reach your infrastructure goals. To help you prepare for projects in the New Year, we are enclosing our revised hourly rates for our services, to be effective January 1, 2002. We strive to strike a balance between keeping our hourly rates as low as possible while maintaining our commitment to keeping staff and technical capabilities innovative and efficient. The municipal rate schedule has a range of billing rates for each category. Rates for individuals will vary based on experience and the value they bring to the client. We have attached a separate sheet that indicates the billing rates for the team of individuals that normally work for you. In addition, we have a small surcharge for computer time to cover additional costs for software licensing. This will not apply to design. work completed under a fee percentage of construction. We have also enclosed a rate schedule for specialty services and private developer work. These rates are used for projects involving process engineering (e.g., pumping stations, wells, etc.), projects which require outside funding agency approval, structural facilities (e.g., pump houses, bridges, retaining walls, etc.), park work and landscape architecture, multi-agency projects, and traffic signal projects. I trust you will find that our rates are competitive in the industry. If you have any questions concerning any aspect of our rates or services, please teel tree to contact me at (651) 6364600, or directly at (651) 604-4765. Again, we appreciate our relationship with the City of Farmington, and our entire stafflooks forward to serving you in 2002. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. ')11ftl,(/~ ~ Jhf/dev Marvin L. Sorvala MLS: tb Enclosure( s) cc: Lee Mann 2335 West Highway 36 · St. Paul, MN 55113. 651-636-4600 · Fax: 651-636-1311 3<:;; 2002 RATE SCHEDULE (Municipal Only) Senior Principal 2001 2002 $100.00 to $110.00 $103.00 to $113.00 $ - $ - $ 98.00 to $108.00 $ 90.00 to $ 100.00 $ 93.00 to $103.00 $ 80.00 to $ 90.00 $ 82.00 to $ 93.00 $ 80.00 to $ 90.00 $ 82.00 to $ 93.00 $ 70.00 to $ 80.00 $ 72.00 to $ 83.00 $ 68.00 to $ 76.00 $ 70.00 to $ 78.00 $ 65.00 to $ 74.00 $ 67.00 to $ 76.00 $ 56.00 to $ 70.00 $ 58.00 to $ 72.00 $ 52.00 to $ 64.00 $ 54.00 to $ 66.00 $ 36.00 to $ 42.00 $ 37.00 to $ 43.00 Classification Principal Project Manager I Senior Scientist I Planner Register Engineer! Architect/Landscape Architect Natural Resource Specialist I Software Programmer I Senior GIS Specialist Project Engineer/ ArchitectlScientist/LmdsGape Architect GIS Specialist I Senior Designer Graduate Engineer/ Architect/Scientist/Landscape Architect Senior Draftsperson Draftsperson Word Processor or Field Supervisor Field Supervisor I Senior Crew Chief Senior Inspector $ 70.00 to $ 80.00 $ 72.00 to $ 83.00 $ 62.00 to $ 74.00 $ 64.00 to $ 76.00 $ 56.00 to $ 70.00 $ 58.00 to $ 72.00 $ 52.00 to $ 64.00 $ 54.00 to $ 66.00 $ 36.00 to $ 50.00 $ 37.00 to $ 52.00 Inspector I Crew Chief I Senior Technician Technician GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per half day) Attendance at Regular Council Meeting Software Surcharge (per hour of computer time) $ 30.00 $ 25.00 $ 20.00 $ 50.00 $ 50.00 $ 1.00 Reimbursable Expenses - At Cost: Reproduction, printing, duplicating, mileage and any out of pocket expenses such as stakes, field supplies, telephone calls, etc. 'T'1.,se rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and >ciates, Inc. 37 2002 RATE SCHEDULE (Specialty Services and Private Developer) Classification 2002 $ 134.00 $127.00 $121.00 $107.00 $107.00 $ 94.00 $ 91.00 $ 87.00 $ 75.00 $ 70.00 $ 48.00 $ 94.00 $ 83.00 $ 75.00 $ 70.00 $ 48.00 $ 30.00 $ 25.00 $ 20.00 $ 50.00 $ 1.00 Senior Principal Principal Project Manager I Senior Scientist I Planner Register Engineer/Architect/Landscape Architect Natural Resource Specialist I Software Programmer I Senior GIS Specialist Proje.ct Engine<::r/Architect/Scierltist/Landscape Architect GIS Specialist I Senior Designer Graduate Engineer/ Architect/Scientist/Landscape Architect Senior Draftsperson Draftsperson Word Processor Senior Field Supervisor Field Supervisor I Senior Crew Chief Senior Inspector Inspector I Crew Chief I Senior Technician Technician GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per half day) Software Surcharge (per hour of computer time) Reimbursable Expenses - At Cost: Reproduction, printing, duplicating, mileage and any out of pocket expenses such as stakes, field supplies, telephone calls, etc. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. 3?r 2002 INDIVIDUAL RATES Individual Classification 2001 2002 Sheldon Johnson Principal $100.00 8.00% $108.00 Lee Mann Project Manager $90.00 8.89% $98.00 David Sanocki Register Engineer $80.00 2.50% ,$82.00 Erik Peters Project Engineer $75.00 4.00% $78.00 Matthew Stordahl Graduate Engineer $65.00 3.08% $67.00 City of Farmington d'7 /OCLCV\ 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: Robin Roland, Finance Director SUBJECT: Official Depositories of City Funds DATE: January 7, 2002 INTRODUCTION Each year, official depositories of funds must be designated by the City Council. DISCUSSION Minnesota Statutes Section 118 sets forth the procedures for the deposit of public funds and requires the vendors be designated as depository of funds. The City of Farmington has money which is available for investment. Different financial institutions offer different rates of return on investment. Investment interest income should be maximized while conserving capital and protecting taxpayer funds. In order to optimize the rate of return on the City's funds under section 118, the following vendors are recommended as depositories for fiscal year 2002: Anchor Bank of Farmington League of Minnesota Cities 4M Fund RBC Dain Rauscher Juran & Moody (Miller Johnson Steichen Kinnard) Morgan Stanley Dean Witter Wells Fargo Investments Salomon Smith Barney The City has made these depositories aware of the allowable investments under Section 118 in which the Citywill.invest. BUDGET IMPACT Revenues from investment interest are budgeted in 2002. ACTION REQUIRED Designate the above as City depositories for 2002. Respectfully submitted, t1R!{~ Finance Director YO /OQ~) COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title I, Chapter 5, Section 2 of the Farmington City Code. These by-laws, when adopted, are intended to deal with matters not otherwise covered by State Law, City Ordinance or elsewhere. SECTION I - MEETINGS SUBD. 1 - Regular meetings of the City Council shall be held on the first (1st) and third (3rd) Monday of each month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall unless otherwise designated. SUBD. 2 - Special meetings of the Council may be called by the Mayor or by any two members of the Council by writing, filed with the Clerk. At least 3 days before the meeting, the Clerk shall notify each member of the time, place and purpose of the meeting by causing written notice thereof to be delivered to him/her personally ifhe/she can be found, or if he/she cannot be found, by leaving a copy at the home of the member with some person of suitable responsibility. At least 3 days prior to the meeting, the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that, in the judgment of the Council, require immediate attention. Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each Council member and persons filing a request for written notice. The notice of special meeting shall state the item(s) to be discussed and possibly acted upon. Items not stated in the notice may be discussed, but no action may be taken if any member objects. Any special meeting attended by a majority of the Council members shall be a valid meeting for the transaction of any business that may come before the meeting. SUBD. 3 - At the first regular Council meeting in January of each year, the Council shall: (1) designate the depositories of City funds; (2) designate the official newspaper; (3) pursuant to this section, choose an Acting Mayor from the trustees, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City, or in case of a vacancy in the office of Mayor, until a successor has been appointed and ~ua1ifies. The Acting Mayor shall be selected as follows: Odd Numbered Year - Member serving 3 year of term who received the most votes when elected; Even Numbered Year - Member serving 4th year of term who received the 2nd most votes when elected. SUBD. 4 - Commission appointments, boards and committees shall be made at the second (2nd) regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD. 5 - All Council meetings, as defined by State Law, including special and adjourned meetings shall be open to the public. The City Attorney shall advise the Council, in writing, as to his interpretations of the State "Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his interpretation to the attention of the Council, in writing, and have the subject placed on the agenda for discussion. ~I SUBD. 6 - Council shall adopt such policies that will ensure an orderly, mutually respectful and appropriate public meeting atmosphere conducive to the proper conduct of City affairs and business. Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically the Mayor, or any other such Council member in the absence of the Mayor. Council may adopt such rules as a separate Council Policy and may make such changes in policy as deemed appropriate. SECTION II - PRESIDING OFFICER; RULES OF ORDER SUBD. 1 - The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their members to act temporarily as presiding officer. SUBD.2 - The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the Council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the Council, and the mover, as well as the seconder, must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his /her second. But a motion, once debated, cannot be withdrawn except by majority vote of the Council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member, while speaking, shall confine himlherselfto the question at hand and avoid all personal, indecorous or sarcastic language. E. Whenever any member of the Council desires to speak on any question which affects himlher personally, s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held, the presiding officer, during the open hearing, shall allow any member of the public present, the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the Council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting, the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD.3 - Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. 2 'Ie?, SECTION III - AGENDAS SUBD. 1 - The agenda shall be prepared by the Clerk and shall be closed at noon on the second Friday preceding the meeting for publication purposes. Items may be added to the agenda for Council action until noon of the Monday preceding the meeting. SUBD. 2 - The Clerk shall publish a copy of the agenda in the issue of the official newspaper immediately preceding the Council meeting. SUBD. 3 - The agenda packet shall be distributed to the Council by 6:00 p.m. on the Thursday preceding the Council meeting. SUBD. 4 - Any member can place an item on the agenda by so instructing the Clerk. SUBD. 5 - No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD. 6 - The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed, but no action may be taken if any member objects. SUBD. 7 - A consent agenda may be included as part of the agenda, to be approved by a unanimous vote of the City Council. Items may be removed from the consent agenda by request of the Mayor or Council members. SECTION IV - ORDER OF BUSINESS SUBD. 1 - Each meeting of the Council shall convene at the time and place appointed therefore. Council business shall be conducted in the following order: (1) Callto Order (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (5-minute limit per person for items not on the agenda) (7) Consent Agenda (All items will be approved in 1 motion with no discussion unless anyone wishes an item removed for discussion). (8) Public Hearings (9) Award of Contracts (10) Petitions, Requests and Communications (11) Unfinished Business (12) New Business 3 V3 (13) Council Roundtable (14) Adjourn SOOD.2 - The order of business may be varied by the presiding officer, with the scheduled time ofa public hearing publicly specified as concurrent with that of the time of the Council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda, or may be varied to facilitate the efficient conduct of Council business. SUBD. 3 - Each person shall be allowed a maximum of 5 minutes to address the Council under Citizen Comments. SECTION V - MINUTES SUBD. 1 - Minutes of each Council meeting shall be kept by the Clerk, or, in his absence, his designee. In the absence of both, the presiding officer shall appoint a secretary pro tern. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records or the Clerk and can be accurately identified from the description given in the minutes. SUBD. 2 - The minutes of each meeting shall be reduced to typewritten form, shall be signed by the taker, and copies thereof shall be delivered to each Council member as soon as practicable after the meeting. At the next regular Council meeting following such delivery, approval of the minutes shall be considered by the Council. The minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the Council. If there is an objection, the Council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. SUBD. 3 - In addition to typewritten minutes, each Council meeting held in the Council Chambers shall be tape recorded. Recordings shall be kept on file in the Clerk's Office in a secure location for a period of 18 months from the date of recording. The door to the recording equipment shall be kept locked except during Council meetings. Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD. 4 - The minutes shall substantially follow the following format: MINUTES COUNCIL MEETING (REGULAR OR SPECIAL) MEETING DATE 1. Presiding officer, time and place of meeting. 2. Members Present and Absent, time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions, communications, decisions, including a copy of each motion exactly as stated, whether or not the motion had a second and, if so, whether or not it was adopted, and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. 4 y,/ SECTION VI - QUORUM AND VOTING SUBD. 1 - At all Council meetings a majority of all the Council members elected shall constitute a quorum for the transaction of business. SUBD. 2 - The votes of members on any question pending before the Council shall be by roll call, except for the following agenda items: approval of the agenda; approval of the minutes; approval of the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis. The names of those voting for and against the question shall be recorded in the minutes. If any member, being present, does not vote, the minutes shall be stated "Abstain: Name." SUBD. 3 - Except as otherwise provided by statute, a majority vote of a quorum shall prevail. SECTION VII - ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND COMMUNICATIONS SUBD. 1 - If requested by any member of the Council, every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the Council shall be in writing and shall be read in full upon presentation of the same to the Council. They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUBD. 2 - Every ordinance and resolution passed by the Council shall be signed by the Mayor, attested by the Clerk, and filed by him/her in the ordinance or resolution book. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD. 3 - Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof, shall be amended by reference to title alone, but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII - ADMINISTRATOR REVIEW SUBD. 1 - The City Council shall conduct an annual review of the City Administrator. The procedure shall be substantially as follows: A. The Administrator shall distribute a Council approved evaluation form on or before the anniversary of the Administrator's appointment. B. Council members shall complete the prescribed form and schedule a special meeting to evaluate the Administrator based upon the written evaluations submitted. C. The completed evaluation form shall be submitted to the City Attorney within 21 days from the date the evaluation document is received by Council. 5 s&' D. The City Attorney shall tabulate the results of the evaluation without any reference to individual Council members. E. The City Council shall consider the tabulated results during a regular meeting following the special meeting to evaluate the administrator and may take action accordingly. SECTION IX - BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE SUBD. 1 - There shall be submitted to the Council at the second meeting of January of each year, a performance report of various Boards, Commissions and Councils. SUBD. 2 - Reports shall be submitted to the Council on the Water Board, Planning Commission, Zoning Board of Adjustment, Parks and Recreation Advisory Commission, Human Rights Commission, CATV Advisory Commission, Reforestation Advisory Commission and Redevelopment Authority. SUBD. 3 - Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUBD. 4 - It shall be the goal of the Council to meet at least one time per year with each Board and Commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the Council, Board or Commission. SECTION X - AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD.l - Definitions For the purpose of this section, the following terms shall have these meanings given them. Authorized Person: The Mayor or any Council member. Authorized Exoenditure: Expenditures made on behalf of the City for a public purpose as determined by the City Council. Authorized expenditures shall include, but not be limited to, the following: Travel (except auto mileage within 25 miles), meals, registration, tuition, course materials. Official Function: Any function which is for a public purpose as determined by the City Council. Official functions shall include, but not be limited to, the following: Council meetings outside of the City limits, League of Minnesota functions, training sessions, education courses, official City business, legislative meetings, seminars, meetings where City representation is requested. SUBD. 2 - An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the City Council. B. The Council must be authorized to make the expenditure. C. The money must have actually been spent on the behalf of the City, except as provided under Subdivision 3(C)(2). D. The Council has approved the request to attend an official function except as provided under Subdivision 3(C)(I). 6 'I~ SUBD. 3 - Procedure: A. A request to attend an official function, or to request reimbursement for attending an official function shall be submitted to the City Council on an authorized form for consideration as soon as reasonably possible. B. The Council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C) are met, or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for Council action as follows: 1. Reimbursements for expenses may be submitted for Council consideration. 2. The Council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures, and reimburse the City for any unused portion. SUBD. 4 - The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget, provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI - SUSPENSION OR AMENDMENT OF BY -LAWS SUBD.l- These by-laws may be temporarily suspended by a unanimous vote of the members present. SUBD.2 - These by-laws shall not be repealed or amended except by a majority vote of the whole Council after notice has been given at some preceding Council meeting. SECTION XII - EFFECTIVE DATE SUBD. 1- These by-laws have been adopted by the Council on the 6th day of September, 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/6/83 Effective: 10/3/83 Amended: 8/03/87 1/21/92 4/20/92 8/17/92 2/01/93 7/18/94 9/06/94 1/17/95 1/16/96 3/03/97 11/03/97 1/05/98 2/1/99 7 '17 Attachment lOa (10) 2002 BOARDS AND COMMISSION TERMS TO BE FILLED COMMISSION STATUS TERM FROM TO Heritage Preservation Commission Cheryl Thelen (Has not re-applied) 3yr 2/01/02 1/31/05 George Flynn (Incumbent-application received) 3 yr. 2/01/02 1/31/05 Vacated Seat 3yr 2/01/02 1/31/03 ./ Two applications have been received; three are needed. Housing and Redevelopment Authority No terms expire this year Parks & Recreation Advisory Commission Dawn Johnson (Incumbent-application received) 2 yr. 2/01/02 1/31/04 Randy Oswald (Incumbent-has also applied for P.C.) 2 yr. 2/01/02 1/31/04 Brian Feldt (Has not re-applied) 2yr 2/01/02 1/31/04 ./ Two applications have been received; three are needed. Planning Commission Dan Privette (Has not re-applied) 2yr 2/01/02 1/31/04 Ben Barker (Incumbent-application received) 2 yr. 2/01/02 1/31/04 Todd Larson (Incumbent-application received) 2 yr. 2/01/02 1/31/04 ./ Three applications have been received; three are needed. Senior Center Advisory Board Sarah Miller (Incumbent-application received) 3 yr. 2/01/02 1/31/05 Grace Anderson (Resigned) 3 yr. 2/01/02 1/31/05 Frances Jones (Resigned) 3yr 2/01/02 1/31/03 ./ Two applications have been received; three are needed. Water Board Tom Jensen (Incumbent-application received) 3 yr. 2/01/02 1/31/05 ./ One application has been received; one is needed. CATV Advisory Board Jerry Ristow * 1/01/01 12/31/04 Kevan Soderberg * 1/01/99 12/31/02 Terry Verch * 1/01/99 12/31/02 Lacelle Cordes * 1/01/01 12/31/04 Steve Strachan * 1/01/01 12/31/04 ./ No terms expire "CO Reforestation Advisory Commission Dirk Rotty-P.C. Chair Jerry Ristow Kevan Soderberg Terry Verch Lacelle Cordes Steve Strachan ./ No terms expire 2yr * * * * * * Appointment runs concurrent with Council term. 2/01/01 1/01/01 1/01/99 1/01/99 1/01/01 1/01/01 01/31/03 12/31/04 12/31/02 12/31/02 12/31/04 12/31/04 Note: All incumbents will be interviewed if they apply, along with new applicants. '19 /O~ Charter COM M U N I CATIONS. A WIRED WORLD COMPANY'" December 24,2001 Mr. Ed Shukle, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024-1358 Dear Mr. Shukle: We take great pride in providing service to the Farmington community and offering technological advancements that are preparing the region for what broadband telecommunications is poised to offer. Our mission is to be a vital business, corporate and community partner as well as a technological leader in rolling out innovative services that bring value to our customer's lives. As always, keeping you informed is an important part of our relationship. Because we find that our business costs have taken a dramatic rise, we find it necessary to implement a rate adjustment. Effective February 1,2002, the price for Broadcast Basic will be increased to $13.59 per month plus taxes and fees and Expanded Basic will be increased to $29.36 per month plus taxes and fees. Like all businesses, we have seen increased costs in our daily operations for everything from energy costs to recruiting and training a highly technical staff. Programming costs alone have grown nearly 30 percent this year. We don't raise the cost to our customers without carefully considering how it will affect them. Despite the rising costs, we are working hard to provide our customers with the best value for their entertainment dollar. We have spent millions of dollars upgrading our network to provide quality pictures and reliability. We offer all the local broadcast stations at no additional charge, an on-time guarantee for installation and service calls and a state-of-the-art customer contact center that is staffed 24 hours a day, 7 days a week. Even though we're a national company, we're committed to keeping a "hometown" presence. Forty- five "local" residents make up our customer service and technical team in this system, plus we use local suppliers and pay local taxes. We are also a part of our community through our Cable in the Classroom program and sponsorship oflocal projects and charities. Charter customers will receive a direct mail piece notifying them of the rate adjustment. In addition, we will utilize other means including bill messages and media outreach to communicate these changes. Should you have any questions at all, please contact me at (952) 432-2575, Ext. 3014. 16900 Cedar Avenue South. Rosemount, Minnesota. 55068 www.chartercom.com . te'; 952.432.2575 . fax; 952.432.5765 $0 IOc.... ~ Metropolitan Council Building communities that work Environmental Services December 28, 2001 To Property Owners and Other Interested p'arties: On July 11,2001, the Metropolitan Council adopted the Master Wastewater Service Plan for the communities of Rosemount, Apple Valley, Lakeville, Farmington and Empire Township. The recommendations of that plan were to: . Expand the Empire Wastewater Treatment Plant from its current capacity of 12 million gallons per day to 24 million gallons per day . Discontinue discharge of the treated wastewater (effluent) to the Vermillion River and construct an outfall pipe to transport the effluent to the Mississippi River. Since July, Metropolitan Council Environmental Services (MCES) has conducted a Facility Plan including an evaluation of two alternative outfall routes from the plant to the Mississippi River. The routes are as follows: I. Hastings Route: This route proposed to carry the effluent across approximately 20 miles of rural Dakota Coun~ via gravity flow. The route is along side or in the vicinity of County Road 66 (200t1 St.), County Road 62 (l90lh St.) and County Road 91 (Nicolai Ave.) and then to the River east of Hastings. 2. Rosemonnt Route: This route proposed to carry the effluent across approximately 12 miles Dakota County through a forcemain or pressure pipe. This alternative requires one pumping station which would be constructed at the plant site. The route would run north on Biscayne Ave., to County Road 42 near State Highway 52. It would cross under Hwy 52 and head north to 140th Street, proceed along 140lh Street and then to the northeast towards the Mississippi east of Koch Refinery. After a detailed technical analysis and considering public input received in a series of property owner meetings the MCES has recommended to the Metropolitan Council that the Rosemount Route be selected for the Empire outfall. The attached Fact Sheet summarizes the findings of the comparison of the two outfall routes. The Rosemount Route is shown on the back of the Fact Sheet. A formal public hearing on the Facility Plan is scheduled for Tuesday, January 29, 2002 to receive additional public comment on both the plant expansion and outfall route. Attached is the public hearing announcement. Following the public hearing and associated comment period, the MCES staff will make a recommendation to the Council for adoption of the Facility Plan in February. The project will be paid for by the users ofthe MCES regional wastewater treatment system. Direct assessment will not be applied against property owners along the outfall route. Contact Pauline Langsdorf, Sr. Communications Specialist, at 651-602-1805, if you have questions related to this meeting. www.metrocouncil.org Metro Info Line 602-1888 230 East Fifth Street . St. Paul. Minnesota 55101-1626 . (651) 602-1005 . Fax 602-1138 . TIT 291-0904 An Equal Opportunity Employer 5/ Metropolitan Council - Public Hearing Empire Wastewater Treatment Plant Expansion and Effluent Outfall Facility Plan ROSEMOUNT COMMUNITY CENTER AUDITORIUM 13885 South Robert Trail Rosemount Tuesday, January 29, 2002 7:00 p.m. Metropolitan Council will hold a public hearing on the Empire Wastewater Treatment Plant and Effluent Outfall Facility Plan, MCES Project No. 800900. The public hearing outlines the expansion of the Empire Wastewater Treatment Plant (WWTP) and the alignment of the outfall pipe from the plant to the Mississippi River. The Empire WWTP serves Lakeville, Farmington, and parts of Apple Valley and Empire Township. The proposed effluent outfall pipe will run north from the plant on Biscayne Ave. to County Road 24, east on Co. Rd. 42 to the west side of Highway 52, cross under Hwy 52 and head north to 140111 Street, proceed along 140111 Street and then northeast towards the Mississippi River east of Koch Refinery. Metropolitan Council Environmental Services has prepared a Draft Facility Plan for the Empire WWTP and the 13.1 mile long outfall pipe to the Mississippi River. Copies of the Draft Facility Plan are available for review at: . Metropolitan Council's Data Center, 230 East Fifth Street, St. Paul . Apple Valley City Hall, 14200 Cedar Ave, Apple Valley . Empire Township Town Hall, 3385 197111 St., Farmington . Farmington City Hall, 325 Oak St., Farmington . Lakeville City Hall, 20195 Holyoke Ave., Lakeville . Rosemount City Hall, 2875 145tl1 St. W., Rosemount . Galaxie Library, 14955 Galaxie Ave., Apple Valley . Farmington Library, 508 Third Street, Farmington . Pleasant Hill Library, 1490 South Frontage Road, Hastings All interested persons are encouraged to attend the hearing and provide comments. Comments, which must be received by Pauline Langsdorf prior to February 11, 2002, may also be submitted as follows: Send written comments to: Pauline Langsdorf at Metropolitan Council Environmental Services, 230 East Fifth Street, St. Paul, MN 55101 Fax comments to Pauline Langsdorf at (651) 602-1003 Record comments on the council's Public Comment Line at (651) 602-1500 E-mail commentstodata.center@metc.state.mn.us Send TTY comments to (651) 291-0904 Upon request the Council will provide reasonable accommodations to persons with disabilities. These requests must be received prior to January 22, 2002. 5~ ~ Metropolitan Council Building communities that work Environmental Services Fact Sheet Empire WWTP Outfall Hastings Route vs. Rosemount Route .On July 11, the Metropolitan council adopted the staff recommendation for the Rosemount/Empire Master Plan. The recommendation stated that the Empire Wastewater Treatment Plant (WWTP) be expanded to a capacity of 24 mgd and that the effluent from the plant be discharged to the Mississippi River South of Hastings. The Outfall Facility Plan was initiated in July to establish a preferable alignment for the outfall, to refine the capital and life-cycle cost estimates and to receive feedback from stakeholders along the proposed alignment. As a result of the planning efforts and feedback from stakeholders it was determined that the Facility Plan for the outfall should be expanded to review an alternative outfall route through Empire Township and Rosemount. The alternative route had been evaluated in the Master Plan, but was not initially carried forward as a Facility Plan alternative. The Master Plan had evaluated two alternative routes for the outfall to the Mississippi River: I. A gravity route eastward from the Empire WWTP through rural Dakota County to a location south of Hastings, a distance of approximately 18 miles. 2. A forcemain northward through Empire Township and Rosemount to a location near the current Rosemount WWTP discharge location a distance of approximately 9 miles. Life-cycle cost estimates in the Master Plan indicated that the Hastings route appeared to have a slightly lower cost than the Rosemount route, and had advantages of gravity flow, requiring no energy for pumping and being inherently more reliable. During the Facilities Plan, several factors resulted in significantly increased costs for the Hastings route over the estimates presented in the Master Plan: . A longer alignment, by approximately 4 miles, to stay in county road right-of-way for maintenance access, and to reach a discharge location supported by the MN Department of Natural Resources and MN Pollution Control Agency. . A larger diameter pipe to accommodate a higher peak hourly flow . Stakeholder requests to stay within existing road right-of-way and to minimize encroachment on private property through easements which resulted in the following: Substantial road restoration costs Tunneling in areas of deep construction where public right-of-way is narrow, and residences, businesses, cemetery, and groves of trees are close to the highway The Rosemount route provides for shallower construction, because the pipe is a force main most of the distance; resulting in less encroachment on private property and less disruption. The following table shows how the project characteristics and cost estimates have changed from the Master Plan to the Facility Plan: www.metrocounci1.org Metro Info Line 602-1888 230 East Fifth Street . st. Paul. Minnesota 55101-1626 . (651) 602-1005 . Fax 602-1138 . TIY 291-0904 An Equal Opportunity Employer 53 Factor Hastings Route Rosemount Route Length, miles Pipe Diameter, inches Pumping Station Capital Cost * Life-Cycle Cost* * $Million Master Plan 18 60 No $38 $39 Facility Plan 22 66 to 72 No $72 $72 Master Plan 8.7 42 and 48 Yes $40 $47 Facility Plan 13.1 64 Yes $49 $55 Capital and life-cycle costs increased for both alternatives. However, the cost increase for the Rosemount route was substantially less because less, due to shallower construction, less road restoration, and less tunneling. Accordingly, it appears that the Rosemount route has significantly lower life-cycle cost. Advantages of Hastings route: I. Greater reliability using gravity flow- no pumping and related energy costs, 2. Common outfall with future Hastings Plant 3. Potential water reuse for irrigation. 4. Easier maintenance and rehabilitation. Advantages of Rosemount route: 1. Shorter route - faster, easier implementation. 2. Opportunities to partner with served communities, e.g. Biscayne Avenue upgrade in conjunction with pipeline construction. 3. Potential water reuse for irrigation and industrial cooling water (Koch Refinery). 4. Far fewer private properties affected and less traffic disruption. Property owner meetings have been held with property owners and stakeholders on both potential routes. In general, public reaction was more favorable for the Rosemount route. Empire WWTP Proposed Effluent Outfall Rosemount Route 17~ _.$~\I!II~_~ m '" j Empire Ver~il Etnplre W'WTP /'...;' Pretiminary Preferred Empire Outfall Route (Rosemount Option) Empire Outfall Route Alternatives (Rosemount Option) .... .- .- --. 5r Leadership Conference for Experienced Officials January 25-26, 2002 Grand Rapids, MN Ruttger's Sugar Lake Lodge (800) 4 ( Budgets! Tax levies! Fund balances! Aid cuts? Maintaining city services! Learn how to understand it all yourself and communicate well with the media and your constituents. Conference Agenda: Friday 3:00 p.m. Welcome 3:15 Understanding the 2001 Property Tax Reform Bill Social Houri Networking Dinner and Recognition of Leaders Saturday 8:00 a.m. 8:15 Host Mayor Greeting Skill Building Workshop: Learn to Explain Your City's Finances to Your Citizens Break Skill Building Workshop cont'd Adjourn 5:15 10:30 10:45 6:00 12:00 ~~ This year's conference focus: Translation Skills: Communicating Concepts and Controversy to Your Citizens Featured presenters: Dan Jordet-Deputy City Manager, Mankato Lindsay Strand-President, Lindsay Strand Associates, Inc. Registration fee: $150 How to Register: Register online anytime at wwwJmnc.org (online registrations will be billed). Housing: To make reservations for overnight accommodations, call each hotel directly. Cancellation Policy: All cancellation requests must be in writing, faxed or postmarked 7 days prior to the conference, and are subject to a $20 handling fee. All unpaid registrations not cancelled 7 days prior will be billed at the full conference rate; no refunds will be made. Questions? Call Jodie Tooley (651) 281-1251, Cathy Dovidio (651) 281-1250, or Rebecca Erickson (651) 281-1222. T o Registration Form Leadership Conference for Experienced Officials · Registration fee: $150 Indicate which location you will attend: 0 Jan. 25-26, Grand Rapids 0 Feb. 15-16, St. Louis Park City Method of payment: . o Check or PO enclosed (maJu checks payable to ua~ of Minnesota Cities) o Please bill the city o I already registered online or via fax and I'm enclosing my payment Contact person Telephone number Registrant's name Tide \ddress State Zip ( l City Mail this form with payment to: League of Minnesota Cities, 145 University Avenue West, St. Paul, MN 55103-2044 Fax to: (651) 281-1296 register online anytime: www.lmnc.org 55' JOe 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 t;, ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Proposed Traffic Signal - 3rd Street & CSAH 50 (Elm Street) DATE: January 7, 2002 INTRODUCTION Dakota County has recommended the installation of a traffic signal at the intersection of 3rd Street and CSAH 50 (Elm Street) in Fannington (see attached letter and intersection layout sheet). DISCUSSION In the summer of 2003, the State of Minnesota will be closing TH 3 at the bridge immediately north of Hwy 66. A detour route will be established on CSAH 50 as a result of this closure. The use of CSAH 50 as a detour route prompted a study of the area to review the possible impacts. Based on the results 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 (Elm Street). The City's traffic engineer, Shelly Johnson, has reviewed the County's signal justification report. The State has indicated their willingness to participate in the cost of the signal since it will help to mitigate the traffic impacts caused by the detour for the bridge project. To allow the intersection to operate properly as a signalized intersection, and to meet funding requirements as dictated by the State of Minnesota, several changes to the geometry and layout of the intersection are needed as follows: I. 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. (See enclosed intersection layout sheet). 2. Centerline striping is needed along 3rd Street (north and south approach) to define the lanes and allow queuing for the signal in the proper locations. 3. 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 (in front of the liquor store). S~ 4. 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. BUDGET IMPACT 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. MnDOT has expressed the intent to contribute funds towards installation of the signal prior to the TH 3 bridge project in 2003. The contribution from MnDOT toward the proposed signal will be equal to their estimate for other measures that would be needed to handle detour traffic through this intersection if the permanent signal were not in place during the detour operation. A cost breakdown is as follows: CSAH 50 and 3rd Street Signal Cost Allocations Ae:encv Allocation MnDOT $40,000 Dakota County $47,500 City of Farmington $47,500 Total Estimated Signal Cost: $135,000 Funding for this project is available and would be provided for through the Road and Bridge Fund. The County would like to proceed with signal design plans for construction of the proposed signal in 2002, pending approval by the City of Farmington. Final Council approval for the project would be in the form of entering into a signal agreement with Dakota County. The agreement would be drafted by the County and forwarded to the Council for approval. ACTION REOUESTED Approve by motion the City's intent to enter 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. S} Respectfully submitted, ~J?1~ Lee M. Mann, P .E., Director of Public Works/City Engineer attachment cc: file Properties in the project area 5~ Highway Department Donald J. Theisen. P.E. County Engineer Dakota County Western Service Center 14955 Galaxie Avenue 3rd Floor Apple Valley. MN 55124-8579 952.891.7100 Fax 952.891.7127 www.co.dakota.mn.us o Printed on recycled paper with 30% poSHOnsumer waste. AN EQUAL OPPOR'Tl.JMTY Ef1IlOYER ~~ / .~. ' "., ., ~...,:" v..,.., '-. >'," / -'-.;,,' ;... <'/ '-.., "- .... ) December 13, 2001 Lee Mann, Director of Public Works/City Engineer City of Farmington 325 Oak Street Farmington, MN 55024 Re: CP 50-12, CSAH 50 & 3rd Street Traffic Signal Proposal Dear Mr. Mann: Our traffic studies indicate a strong need for a traffic signal at this intersection. Furthermore, our field review and analysis helped determine that installing a signal here would be the best improvement measure to handle traffic operations now and in the future. To allow the intersection to operate properly as a signalized intersection, various changes to the geometry and layout are needed. The issues and necessary changes are discussed below. While larger improvement measures would be beneficial, the following are the minimum changes needed to accommodate traffic with signal operation. 1. Widening is needed for the northwest and northeast comers of the intersection to provide a greater turn radius that can better accommodate trucks turning to and from the north approach of 3rd Street (See enclosed intersection layout sheet). This is a fairly typical movement for larger trucks since a gas station is located in the northwest comer. 2. Centerline striping is needed along 3rd Street (north and south approach) to define the lanes and allow queuing for the signal in the proper location. 3. The parking on the east side of3rd Street along the south approach close to the intersection will be problematic with traffic queuing at the proposed signal. To handle the traffic operation while minimizing impacts to businesses, a minimum of the first four diagonal parking stalls need to be removed. 4. The business located on the northeast side of the intersection operates with diagonal parking starting very near the curb and continuing to the north. The flow of traffic through the traffic signal will cause difficulty for traffic to back out from a diagonal parked position and continue along the roadway. A change to parallel parking along the northwest area and restrictions for the first 50-75' from the comer would minimize conflicts between parked traffic and traffic turning onto the north approach. 59 Page 2 Mr. Lee Mann December 13,2001 In addition to the specific issues and actions discussed above, the City should be aware that replacing the diagonal parking with parallel parking along the east side of the road would facilitate better operation and visibility for the signal. While this action is desirable, it is not a requirement for the signal installation. Additionally, a change to parallel parking would not impact the requirement to remove parking near the comer as discussed above. There is a potential issue with the Subway restaurant entrance driveway located just 50' south of the intersection on the east side of 3rd Street. Northbound traffic will typically queue past this driveway making it difficult for traffic from other directions to turn into this access point. The parking lot is very small; consequently, creating different patterns to allow access into the lot from Elm Street (CSAH 50) may not be possible. Motorists can utilize on-street parking as an alternative. No direct action is needed to address this issue currently. Information is provided as a warning to the difficult situation with this closely spaced driveway. The City may need to create a turning restriction or take other action if a safety/operational problem anses. MnDOT has expressed intent to contribute funds towards installation of the signal prior to the TH 3 bridge project in 2003. The TH 3 bridge project will close a portion of this highway and reroute traffic along CSAH 50. This contribution to our signal would be equal to their estimate for other measures that would be needed to handle detour traffic through this intersection if the permanent signal were not in place during the detour operation. The County would like to move forward with signal design plans for constructing this new signal in 2002. We anticipate the costs to install the signal and modify the geometry to be approximately $135,000 based on initial estimates. The cost share per County policy is 50% County/50% City for the signal installation after deducting the MnDOT contribution of $32,000 plus design cost (per Sept. 19,2001 meeting minutes from MnDOT for project 1920-3913). Therefore, the City's share of this project is estimated to be approximately $50,000. Please review the enclosed sketch and above summary of needed changes. We will move forward with this project and recommend inclusion of the work in our 2002 program if the City agrees to the changes and signal installation. Once we receive your written approval, we will proceed with the project. Please contact me at (952) 891-7178 if you have any questions or need further information. Sincerely, ~. 1n. ~ Kristi M. Sebastian, P .E. Assistant Traffic Engineer c: Mike Gerbensky, MnDOT Signal Design Senior Engineer Enclosures n:\traffic\letters\50-12 signal issues to farmington roo Kwik Trip w 0... 0::: Gas Station f- Vl w Z ::J 0::: W f- Z Shop w Pawn u ~ 0 0 LARGE <t: SIGN ~ 21' 21 ' PROP 30' RAD N C.B. 16' ~, c2} 16' ~ C.B. o PHONE 0 STAND o B & B Pizza DATE 12-07-01 SCALE IN FEET o 50 ~ Repair Shop MODIFY RADII TO IMPROVE TURNS FOR TRUCKS b 16' {J: 12' 28' 4-1 (l) (J) L 4-1 W (f) 0... 0::: -0 t:i L 1"1 ~ ::J 0:: w f- Z W U o o <t: / CSAH 50 Elm St 16' 28' Subway Oe o ~ ~~1 f-<t: VlZ () ~Vi S2w / o::f- <t:<t: 0...8 '<t ::2: / o() wu~ >uw O<t::::J ::2: w / wo:::J O::f-O PLANTER W/SIGN I PLAN TER OW/TREE / Liquor Store PROPOSED CSAH 50 & 3rd Street Intersection Layout 0/ lof City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us ~(. TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: Vermillion River Watershed Issues - MCES Memorandum of Understanding DATE: January 7,2002 INTRODUCTION As Council is aware, Metropolitan Council Environmental Services is in the process of implementing a project that would accomplish the expansion of the Empire Wastewater Treatment Plant. As Council is also aware, based on the surrounding communities current comprehensive plans, the treatment plant will be at capacity sometime around 2005-2006. DISCUSSION A project such as the expansion of a wastewater treatment plant receives intense environmental scrutiny. The Minnesota Pollution Control Agency (MPCA), 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. In the discussions that have been held on the project, it has been indicated that the cities that utilize the Empire plant will (at least) 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. All of the cities involved have reviewed their respective storm water plans and ordinances to verify compliance with the MPCA's model ordinance. In Farmington's case, the main component that is absent from the City's ordinances is a shoreland ordinance. In an effort to address the MPCA's concerns, Met Council staffhas suggested that the cities involved enter into a Memorandum Of Understanding (see attached draft) regarding Storm Water Management for the Vermillion River. The Memorandum Of Understanding (MOU) as currently drafted, 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, (except for the infiltration requirements, which would be reviewed on a case by case basis for new developments) by June 30, 2002. t4;? The draft Vermillion River Watershed Plan is a plan, basically consistent with the MPCA's draft ordinance, that all the cities could follow in common. When the County finalizes the Watershed plan in the future, all the cities involved will need to adopt the final plan. It is the consensus of the representatives of the cities involved that this type of MOU may provide an expeditious way for the cities as a group to show compliance with the MPCA's wishes regarding the Vermillion River. BUDGET IMPACT None at this time. ACTION REQUESTED 1. Council indication by consensus that a final draft of this type of Memorandum of Understanding would be acceptable for future Council review and potential approval. 2. Authorize staff to initiate the drafting of a shoreland ordinance. Respectfully Submitted, ~~~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file ~3 DRAFT 11/28/01 VERMILLION RIVER STORM WATER MANAGEMENT D MEMORANDUM OF UNDERSTANDING 's Memorandum of Understanding ("MOU") is entered into by and among the City of Apple Valley, City of Farmington, City ofLakeville, City of Rose mount, Empire Township, Dakota County, Minnesota Pollution Control Agency and the Metropolitan Council, each aRd through its duly authorized officers. L INTRODUCTION 1.1 The Cities of Apple Valley, Farmington, Lakeville, and Rosemount ("Cities") are political subdivisions organized under the laws of the state of Minnesota. Each city has responsibilities related to ~ stonn water generated within its respective jurisdiction. ~ 1.2 Empire Township ("Township") is a political subdivision organized under the laws of the state of Minnesota. The Township has responsibilities related to management of storm water generated within its jurisdiction. 1.3 Dakota County ("County") is a political SUbdivisEanized under the laws of the state of Minnesota. The County has assumed responsi 'ty for management of the Vermillion River Watershed within the County. 1.4 The Minnesota Pollution Control Agency ("MPCA',') is a state agency organized under the laws of the state of Minnesota. It has the responsibility tofplemenl and enforce various environmental laws of the state of Minnesota. 1.5 The Metropolitan Council ("Council") is a public corporation and political subdivision of the state of Minnesota organized under Minnesota Statutes, Chapter 473. 1 c;;v The Council owns and operates the Metropolitan Disposal System ("MDS") in the Twin Cities Metropolitan Area, has other responsibilities related to planning for growth and Celo ent and water resources in the Metropolitan Area, and is committed to the . ro ent of environmental quality in the Metropolitan Area. The MDS is operated in accordance with permits issued by the MPCA under the National Pollutant Discharge Elimination System (NPDES), including a permit issued for the Empire Wastewater Treatment PlanRS Permit No. MN0045845) located in Empire Township, Dakota County. 1.6 The Cities, the Township, the County, the MPCA and the Council have determined that it is in the best interests of each entity and the environment to enter into this MOD to address the respective roles d responsibilities of the parties with respect to management of storm water in the Ve River watershed and intend to establish a mutually beneficial partnership regar 1.7 The MPCA has reviewed the Storm Water Management Ordinances/Programs of the City of Apple Valley, the City ofLakeville, the City of Farmington, the City ofRosemount, and Empire TownshiP;E... .. nd that they are-< reasonably consistent with the MPCA model ordinance and ... degradation policies. The MPCA will work directly with the Cities and Township to address remaining issues. 1.8 The Cities, Township, the MPCA and the Council agree that the draft. Vennillion River Watershed Management Plan (Draft Plan) represents the motent understanding of the specific management needs for storm water discharged to e Vermillion River, and that implementing the Local Plan provisions of the Draft Plan provide additional assurance of nondegradation. 2 &,5 1.9 The Cities, Township, the :MPCA and the Council recognize that the following efforts currently underway will provide additional information for improving Rter management and assuring nondegradation: 1) A volume study by the County Wnvestigating infiltration and management of runoff volumes in additional to the traditional management of peak runoff rates. 2) A watershed governance study by the County. 3) Development of a final Watershed Management Plan by the County. 4) Removal of efllRarge to the Vermillion River by the Council. ll. PURPOSES 2.1 The Cities and the Township have storm water management responsibilities and have developed and implemented storm water management ordinances and local water plans to address storm water quality and antity. As a part of growth and development within their respective jurisdictions, ad' storm water will be generated that has the potential to impact both quality and quantity 0 water in the Vermillion River. 2.2 The County has assumed the responsibility for management of the Vermillion River Watershed within the county. . 2.3 The MPCA administers a variety of storm wateEment programs to ensure environmental protection. These include municipal, . strial and construction storm water permitting programs. In addition, the MPCA issues permits for sewer extensions and wastewater discharges. 2.4 The Council owns the MDS and provides sewer service as necest to implement the Council's comprehensive plan for collection, treatment, and disp al of sewage in the Metropolitan area. As a result of providing this service, the Council 3 ~~ discharges treated wastewater eflluents to area receiving waters, including the Vermillion River. OS The parties recognize that quantity and quality of storm water and treated te er eflluent discharged to the Vermillion River must be properly managed in order to protect the river resource. The parties believe that such management is beneficial to the environment and will protect the river now and for future generations. 2.6 Thio-m address the basic relationship, roles, and responsibilities of the parties with res~rmillion River storm water management. The primary purpose of the MOU is to provide a framework for storm water management that assures appropriate processes and mechanisms are in place to manage storm water runoff impacts resulting from growth consistent with th ondegradation policies of the MPCA such that IlL ROLE SPONSffiILITIES the Rosemount/Empire Service Area ter service expansion efforts. can proceed. 3.1 Parties to this MOU agree to the following two basic provisions: 1) To adopt or operate on an interim basis, until a final Watershed Management Plan is completed, the Draft Plan; and 2) to implement the Local Plan provisions o(~ plan through enforceable mechanisms such as ordinances, Development ~nts, and policies. The exception is adoption of the infiltration proVisions of the draft plan. This provision is ,- currently considered too general and requires completion of the Volume Study to be~er document feasibility and appropriate conditions on a subwatershed basis. ufe final Plan is completed and adopted storm water infiltration for new development re- development will be pursued on a case by case basis. The remainder of this section describes the specific roles and responsibilities of each party. 4 ~.7 3.2 City of Apple Valley 3.2.1 By March )1,2002, the City of Apple Valley will adopt and implement a ~ter Management Program that is consistent with the local plan provisions of the .Wan as discussed in Section 3.1. 3.2.2 Within two years after adoption of the final Vennillion River Watershed Management Plan by the County, the City of Apple Valley will update its local water plan to be consistenRfinal Watershed Management Plan. 3.3 Ci 0 ington 3.3.1 By :Ma'l'dl Jot, 2002, the City of Farmington will adopt and implement a .JvYle 30 Storm Water Management Program that is consistent with the local plan provisions of the .Draft Plan as discussed in Section 3.1. 3.3.2 WIthin two years after :A of the final Vennillion River Watershed Management plan by the County, the Oannington will update its localAwater plan to S+OrY'l'\ be consistent with the final Watershed Management Plan. 3.4 City of Lakeville 3 .4.1 By ~fofal1 :I I, 2002, the City ofLakeville will Cd implement a Storm Water Management Program that is consistent with the lo~rovisions of the Draft Plan as discussed in Section 3.1. 3.4.2 Within two years after adoption of the final Vennillion River Watershe~ Management Plan by the County, the City ofLakeville will update its local watl plan to be consistent with the final Watershed Management Plan. 5 ~~ 3.5 City of RosemouDt 3.5.1 By March 31,2002, the City of Rosemount will adopt and implement a ~ter Management Program that is consistent with the local plan provisions of the ~ as discussed in Section 3.1. 3.5.2 Within two years after adoption of the final Vermillion River Watershed Management Plan by the County the City of Rose mount will update its local water plan to be consistent woatershed Management Plan. 3.6 E~nshiP 3.6.1 By March 31, 2002, Empire Township will adopt and implement a Storm Water Management Program that is consistent with the local plan provisions of the Draft Plan as discussed in Section 3.1.. 3.6.2 Within two years after Ar the fina1 Vermillion River Watershed Management Plan by the County, Emprre Township will update its local water plan to be consistent with the Watershed Management Plan. 3.7 Dakota County 3.7.1 The County has completed a study that - recof. .. a governance structure fur the Vermillion River watershed management 0 . . DOn, whereby Dakota County and Scott County assume this responsibility. The County agrees to enter ajoint powers agreement with Scott County by June 30, 2002, to implement this govemanc~ structure, I 3.7.2 The County will prepare the final Vennillion River Watershed M agement, in conjunction with Scott County, by September, 2003, and secure approval of the plan by the State Board of Soil and Water Resources. 6 '&:,1 3.7.3 The County has initiated a volume management study of the Vermillion River, which is to be completed in September 2002. 08 Minnesota Pollution Control Agency .8.1 By ~o~ the MPCA will C6ftI\'Iete -rew """ ..,....- 6Il tho M8ftft 1J1;ater ordinaneeo oithe Cities Imd tho TlRVfiSmp ami will complete the storm water nondegradation review process. 3.8.2 T~ will complete environmental review and issue an NPDES permit to the Council ~struction of the expanded Empire Wastewater Treatment Plant, consistent with its rules. A negative declaration in environmental review and the NPDES permit will not be denied by the MPCA solely on the basis of issues of storm water management, as long as the parties to thi OU make good faith efforts to implement its 3.8.3 The MPCA will continue to deve op and implement its Storm Water Phase terms. IT NPDES Permitting Program consistent with federal requirements. 3.9 Metropolitan Council 3.9.1 The Council will complete its Facility Plan fO:E' . g sewer service to the Empire Service Area by February 2002. The Facility Plan . include provisions for the discontinuation of the routine discharge of treated wastewater eflluent from the Empire Plant to the Vermillion River by December 2005 IV. PRIMARY CONTACTS T 4.1 The parties intend that the work under this MOU shall be carried out in the most efficient manner possible. To that end, the parties hereby designate the following 7 70 individuals who will serve as the primary contacts between the parties. The parties intend that, to the maximum extent possible, all significant communications between the parties ~ade through the primary contacts. lJ:ity of Apple Valley: The primary contacts are as follows: For the City of Farmington: For the City of Lakeville: For the City ORunt: For Empire T ns : For Dakota County: For the Minnesota Pollution Control Agency: For the Metropolitan Council: Any party may modiJY its designatio A contacts by written notice to the other parties. v. GENERAL PROVISIONS 5.1 Each party understands that a failure by the CitiebwnshiP to implement their respective Storm Water Management Program in a manht protects Vermillion River quality and quantity may result in a denial by the MPCA to issue a sewer extension permit to the Cities or Township for individual development projects. 5.2 The parties shall attempt to secure reasonable funding to allow r:r successful completion of the activities described in this MOD. However, the plies expressly acknowledge that the activities under this MOD shall be subject to the availability of appropriated funds. 8 7/. 5.3 Each party pledges to implement the provisions of this MOU in good faith and to further the goals and purposes of this MOU, subject to the terms and conditions of this ~he parties will attempt to resolve any disputes related to this MOU through good ~ssions. 5.4 This MOD, including any list of roles and responsibilities, may be amended at any time by mutual agreement of the parties. Any such modification must be in writing and e~y duly authorized representatives of the parties. 5.5. N~S Memorandum ofDnderstanding will be construed to modify or amend any statutory or legal obligations or requirements of the parties. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed by their mx:thorized officers on the dates set furth below. J-\.. CITY OF APPLE VALLEY Its: CITY OF FARMINGTON F Date: By: 9 /~ Date: Date: Date: Date: 73 te: .., ~ R CITY OF ROSEMOUNT By: Its: EMPIRE TOWNSHIP By: Its: DAKOTA COUNTY By: Its: MINNESOTA POLLUTION CONTROL AGENCY By: A Its: METROPOLITAN COUNCIL By: F Its: T 10 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us /~ TO: M C 'I b C' Ad ' , f~. ayor, OunCl mem ers, Ity mmlstrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Vermillion River - Proposed Trout Stream Designation DATE: January 7, 2002 INTRODUCTION The Minnesota Department of Natural Resources (DNR) is proposing to extend the trout stream designation of the Vermillion River from its current terminus in downtown Farmington, to Highway 52 (see attached letter and map). The City's comments regarding the proposed designation need to be forwarded to the DNR by January 23,2002. DISCUSSION Staff has been in discussions with the DNR and the County Soil and Water Conservation District (SWCD) for the last year and a half regarding the potential for extending the trout stream designation along the Vermillion River. In those discussions, City staff has indicated the necessity of clearly identifying the implications of the proposed designation. At this time, the questions and concerns that have been expressed have not been addressed. Attached is a memo from Sherri Buss of Bonestroo, Rosene, Anderlik & Associates outlining the potential implications of extending the trout stream designation. In summary, 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. The potential impacts are unclear, particularly related to Surface Water Management Plans (SWMP's) and land use. Changes required to SWMP's 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 that the DNR work with local governments and others affected to identify the legal, regulatory and economic impacts of the designation and assist in developing solutions to the challenges and concerns caused by the designation, before the designation takes place. BUDGET IMPACT None at this time. 7~ ACTION REQUESTED Authorize staff, by motion, to draft a request to the Department of Natural Resources that the decision to designate further reaches of the Vermillion River be deferred until the implications of the designation are clearly identified and solutions to related concerns are developed. Respectfully Submitted, ~/J! ~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file "/5 Minnesota Department of Natural Resources SO() Lafayette Road 51. Paul. Minnesota 55155-40 October 26,2001 City of Farmington 325 Oak St. Farmington, MN 55024-1374 Subject: Extension of Designation of the Vermillion River, Dakota County The Commissioner of the Department of Natural Resources is proposing to extend the trout stream designation of the Vermillion River, Dakota County in the portion flowing through Sections 29 and 30 of Township 114, Range 19; Sections 21,22,23,24,28, and 29 of Township 113, Range 19; and Section 20 of Township 113, Range 18. The designation of the Vermillion River will help to protect a valuable coldwater resource. Minnesota Statues, section 97C.005 requires the Commissioner of Natural Resources to notify all landowners adjacent to waters being proposed for designation change. If you have any comments regarding the proposed removal of designation, please send them to: Mark Ebbers, MN DNR, Box 12,500 Lafayette Road, St. Paul, MN 55155-4012 before January 23,2002. If approved, this change in designation will become effective during the spring of 2002. Sincerely, ~ad~ Mark Ebbers Trout and Salmon Program Consultant (651) 297-2804 ME:cs c: Dirk Peterson Dave Zappetill Jason Moeckel DNR Information: 651-296-6157 · 1-888-646-6367 · ITY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity o Printed on Recycled Paper Containing a Minimum of 10"10 Post-Gonsumer Waste "/c City of Farmington 325 Oak St. Farmington, MN 55024-1374 November 13,2001 Several weeks ago you received a letter from me requesting comments on the proposed addition to the designation of the Vermillion River, Dakota County. Unfortunately, not all ofthe townships, ranges and sections listed were correct. The correct legal description is: Township 114 Township 114 Range 18 Range 19 Section 21,22,23,24,28,29,30 Section 19,20 Another error was in the last sentence of the second paragraph. It read "If you have any comments regarding the proposed removal of designation..." The word "removal or' should be replaced with "addition to the..." I apologize for these errors and any confusion that they may have caused. Sincerely, ???~~ Mark Ebbers Trout and Salmon Program Consultant (651) 297-2804 mark.ebbers@dnr.state.mn.us ME:cs DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity o Printed on Recycled Paper Containing a Minimum of 10"10 Post-Consumer Waste // Minnesota Department of Natural Resources SOO Lafaycttc Road 51. Paul. Minllcsota S5155-40_ November 19,2001 City of Farmington 325 Oak St. Farmington, MN 55024-1374 Subject: Extension of Designation of the Vermillion River, Dakota County I can't believe that this happened again, but range numbers on the legal description of my November 13 letter were switched. They should be: Township 114 Township 114 Range 19 Range 18 Section 21, 22, 23, 24, 28, 29,30 Section 19,20 I also received several calls requesting a map showing the portion of the Vermillion River proposed for designation. The shaded sections on the attached map show the portion of the Vermillion River proposed for designation. The portion already designated is shown in a heavy black line starting in the city of Farmington and extending to the west. Sections 1,2,3,4, and 9 of Township 113, Range 20; and Section 31 of Township 114, Range 20 were added to the designation list on March 18, 1988. Sections 33, 34, 35 and 36 of Township 114, Range 20 were added the designation list on May 12, 1992. I again apologize for these errors and any confusion that they may have caused. Sincerely, /?/.J~ Mark Ebbers Trout and Salmon Program Consultant (651) 297-2804 mark.ebbers@dnr.state.Inn.us ME:cjs Dirk Peterson Dave Zappetillo Jason Moeckel Michelle Hanson DNR Information: 651-296-6157 · 1-888-646-6367 · TIY: 651-296-5484 · 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity o Printed on Recycled Paper Containing a Minimum of 10% Post-Consumer Waste /~ r-:o:: L-"C Q)Q) >(1) .- 0 0:: c. 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Glenn R. Cook, P.E. . Robert G. Schunicht, P.E. . Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. . Joseph C. Anderlik, P.E. . Richard E. Turner, P.E. . Susan M. Eberlin, C.P.A. Associate Principals: Howard A. Sanford, P.E.. Keith A. Gordon, P.E.. Robert R. pfefferle, P.E.. Richard W. Foster, P.E. . David O. Loskota, P.E. . Robert C. Russek, A.IA . Mark A. Hanson, P.E. Engineers & Architects Michael T. Rautmann, P.E. . Ted K. Field, P.E. . Kenneth P. Anderson, P.E. . Mark R. Rolfs, P.E. . David A. Bonestroo, M.BA . Sidney P. Williamson, P.E., L.S. . Agnes M. Ring, M.B.A., . Allan Rick Schmidt, P.E. Offices: St. Paul, Rochester, Willmar and St. Cloud, MN . Milwaukee, WI Website: www.bonestroo.com Date: To: From: Subjects: December 17, 2001 Lee Mann, Farmington Sherri Buss, (651) 604-4758 Implications of Extending Trout Stream Designation of Vermillion River Backe:round The City of Farmington received a notice from the Minnesota DNR dated October 26, 2001 that proposes to extend the trout stream designation of the Vermillion River in Dakota County. You have requested information about how this will affect the City. A summary of the implications of this extension follows. This summary is based on discussions with state agency staff (DNR Waters and Fisheries, and Minnesota Pollution Control Agency), as well as our experience with trout stream regulations and issues in other cities and a review of the current regulations. Desi2l1ation Process . Trout Stream designation is a two-step process: 1. Minnesota DNR designates Trout Streams as a type of Special Management Water under Minnesota Statutes Section 97C.005 2. MPCA changes State Rules that classifY waters and designate appropriate uses for these waters (Minnesota Rules 7050.0400) Step 1. Minnesota Statutes Section 97C.005 regulates the designation of Special Management Waters, such as trout streams. The DNR Commissioner designates special management waters, but must receive public comment as a part of this process. No public hearing is required for the designation of trout streams. (Sometimes if a large number of comments are received, the commissioner may chose to schedule a public hearing on the matter.) For waters proposed to be designated as trout streams, notice of the proposed designation must be published at least 90 days before the effective date of the designation in a news release issued by the commissioner, and in a newspaper of general circulation in the area where the waters are located. All riparian owners along the waters to be designated must be notified at least 90 days before the effective date of the designation. 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 15L> · The statute requires that the commissioner "shall consider any public comments received in making a final decision", but does not indicate any other criteria for designation. · No public hearing is required for the designation of trout streams. The City must provide its comments in written form to the commissioner. · The definition of a designated trout stream means a stream designated by the commissioner as a trout stream under section 97C.005. No resource criteria for this designation are included in the statutes. o According to Mark Ebbers, DNR Fisheries, the criteria for designating a trout stream include physical and biological conditions that support trout: Temperature (usually looking for cool water temperatures when the air temperatures are high: for example, when air temps are above 80 degrees F., the stream temps are under 70 degrees.) Presence of fish in the stream noted on fishing surveys Habitat conditions suitable to trout Springs or tributaries may also be designated as trout waters, particularly if they are cold water sources · Mark Ebbers indicated that the DNR designates a stream if they believe that it needs protection-they do not consider economic or other issues in proposing a designation. · DNR designation of trout streams leads to regulatory implications outlined in sections 2, 3 and 5, below. Step 2. When a stream has been designated as a trout stream by the DNR, the MPCA proposes rule changes under Minnesota Rules 7050. These rules are changed about every 3 years. If the trout stream designation on the Vermillion occurs in early 2002, it will be proposed for rule changes later that year. The change in these rules is particularly important to the City, as these rules will govern permit reviews related to development projects, land use decisions, and related regulatory issues. This process involves the following steps · MPCA publishes a notice in the state register and requests public input for the proposed rule changes. The City may comment at this time. · Based on comments, the agency develops its rules · Rules are published and a public hearing on the rules IS held before an administrative law judge. The City may testify at this hearing. . Rules are adopted. In the case of the Vermillion River, the portions of the Vermillion where trout stream designation is extended will probably be classified as 2A waters (trout waters may also be classified as IB- this is also a possibility.) MN Rules 7050 lists a large number of standards that must be maintained for 2A waters. These standards will be used in reviewing development proposals and permit requests. One of critical interest to the City is the following: · "No material increase in Temperature"- this may be difficult to achieve using the current Surface Water Management Plan recommendations. It is also difficult, if not impossible, to model the effects of proposed development on water temperature. 2335 West Highway 36 n St. Paul, MN 55113 n 651-636-4600 n Fax: 651-636-1311 <ifl So the City may be left with requirements to infiltrate storm water, minimize impervious surface, etc. . Potential implications of the change in classification to 2A are discussed under #1 below. Geoe:raphic Desie:nation The map included with the DNR notice indicates that significant sections of North Creek and Middle Creek are included in the trout stream designation area. . The DNR has indicated previously to the City an interest in designating these creeks as trout waters. The City questioned this proposal, and after field visits and subsequent discussions, the DNR staff agreed that the North and Middle Creeks are not trout waters. The inclusion of these creeks in the proposed designation should be questioned. Particularly if they are not sources of cold water. or it can be shown that they contribute warm water to the stream. Implications of the Expanded Desie:nation There are a large number of implications of the expanded designation for the City, its residents, and developers. 1. Local Land Use and Storm Water Management I discussed this issue with Pat Lynch, South Metro Area Hydrologist for the DNR. He noted in this conversation and in a memo (October 16, 2000) that "high impervious surface coverage and traditional stormwater management will not be acceptable in subwatersheds of the designated sections," and suggested that "we (DNR) have buy-in from affected communities who are currently developing in conformance with approved land use and storm water management plans." . The DNR should identify the specific requirements that will be used to review permits and plans if the trout stream designation is expanded, and where these requirements exist in statutes and rules. For example, are there adopted impervious surface standards? Storm water management standards? How will these change from current requirements? Is the temperature standard for 2A waters the only clear criteria? . How does the change in designation affect the City's current Surface Water Management Plan? The plan was adopted in 1997, with participation and review from the agencies. Does the change in designation mean that the plan is invalid? Will the DNR or another agency require changes in the plan? Who will pay for this? Why was the change in designation not proposed at the time that the surface water plan was being developed? 2335 West Highway 36 n St. Paul, MN 55113 n 651-636-4600 n Fax: 651-636-1311 ~o? 2. Changes related to DNR Appropriations Permit Program Pat Lynch indicated that the following regulations related to appropriations will change with the change in designation: . Permits to appropriate water for any purpose from streams that are designated trout streams by the commissioner are limited to temporary appropriations when not in conflict with the designation, such as during high flows or high water levels. (These high flow/high water conditions typically occurs when no appropriations are needed. ) o This could affect the City's plans for municipal well field expansion in the future. depending on the interaction between the stream and ground water resources in the area. Weare currently working on a similar issue in Woodbury. The analysis required to determine the effects of a proposed well field on Valley Creek (a designated trout stream) has taken nearly a year, delaying completion of an AUAR, and has been costly. As a result of the analysis, Woodbury may need to split its proposed well field. . Expanded designation will result in an increased number of individual water appropriation permits in the watershed, due to proximity to the trout stream and discharge. This will negate the benefits of the DNR general permit, which has been used frequently in the watershed. Pat indicated that the change will increase the DNR workload, and may reduce compliance, because the individual DNR permit takes 30-60 days to process (vs. 1-5 days for the general permit). . Riparian landowners will not be able to increase existing permitted surface water appropriation from designated reaches, and new applications for irrigation from the designated sections would not be permissible. Proposals to appropriate from shallow wells and dug pits within a mile or so of the stream will require increased scrutiny, as will dewatering for mining, much of which occurs in the gravel-rich deposits of the Vermillion River watershed. This may also affect dewatering for utility construction. 3. Changes related to DNR Protected Waters Permit Program Pat Lynch indicated that the following permit criteria will change on the portions of the Vermillion River proposed for designation as a trout stream: . Permits required for placement of rip rap: the placement of riprap shore protection, 12" diameter, 3:1 slope, 5 feet waterward of OHW, is exempt from an individual permit, except on Lake Superior and designated trout stream. . Excavation and filling in designated trout streams is scrutinized much more closely than non-designated streams. . Excavation in a protected watercourse having a total drainage area, at its mouth, of five square miles or less, is exempt from DNR permit, unless it is an officially designated trout stream, where a DNR permit is required. Permits may only be 2335 West Highway 36 II St. Paul, MN 55113 II 651-636-4600 II Fax: 651-636-1311 l38 issued if the project will not result in increased water temperature, cause excessive sedimentation, or destruction of fish habitat, and there are not feasible or practical alternatives other than channel excavation. . DNR permits are required to remove structures or other waterway obstructions on designated trout streams (not on other streams). . DNR permits are required for the construction, reconstruction, repair or abandonment of a water control structure on designated trout streams, but not on other watercourses with a contributing watershed of 300 acres or less. . DNR permits are required for construction of a bridge or culvert crossing on designated trout streams, but not on other watercourses with a total drainage area, at the mouth, of five square miles or less. . Low water ford crossings are not allowed without a permit on designated trout streams. 4. US Army Coq>s of Engineers. Section 404 Permit Program . The Corps administers a wetland regulatory program. They have issued both a General Permit (GP) and Letter of Permission (LOP) in Minnesota which essentially has pre-approved relatively minor wetland impacts. The GP/LOP is not applicable for projects within 300 feet of calcareous fens, PCA Waters of Special Concern, and trout streams. Expanding the trout stream designation will require wetland fill projects within 300 feet of the stream to be processed under the individual Corps permit process (90-120 days) versus the 1-2 week LOP/GP. 5. Other Changes . The expanded designation will affect the operation of the Empire Wastewater Treatment Plant on the mainstream Vermillion River, operated by Metro Council Environmental Services. Pat recommended that it would be advisable to keep Met Council informed of the designation process, so that they may plan the future of the facility appropriately. . New Protected Waters Inventory (PWI) Maps will need to be printed and distributed if additional tributaries, seeps and springs are within the designated sections and currently not on the revised (1996) Dakota County PWI maps. It is likely that waters that have not been regulated by DNR in the past will become regulated under both the protected waters and water appropriation permit programs. 2335 West Highway 36 II St. Paul, MN 55113 II 651-636-4600 II Fax: 651-636-1311 ~Y SUMMARY COMMENTS . THE CHANGES IN DESIGNATION MAY HAVE A LARGE NUMBER OF LEGAL AND REGULATORY IMP ACTS ON THE CITY'S PLANS AND SYSTEMS, AS WELL AS ON DEVELOPERS AND RESIDENTS WITHIN THE VERMILLION RIVER WATERSHED. . THE POTENTIAL IMP ACTS IN SOME IMPORTANT AREAS ARE UNCLEAR- PARTICULARLY RELATED TO SURFACE WATER MANAGEMENT PLANS AND LAND USE. I BELIEVE THAT THE CITY SHOULD REQUEST THAT THE DNR SPELL OUT THESE CHANGES AND THE NEW REQUIREMENTS FOR PERMITS CLEARLY AS A PART OF THE PROCESS FOR PROPOSED DESIGNATION, SO THAT THE CITY, DEVELOPERS, AND OTHERS CAN COMMENT. . DNR FISHERIES STAFF SHOULD BE REQUIRED TO WORK. WITH LOCAL GOVERNMENTS TO IDENTIFY THE RATIONALE FOR DESIGNATION CHANGE, SPECIFIC LEGAL AND REGULATORY CHANGES DUE TO DESIGNATION CHANGE, TO DISCUSS IMPACTS WITH LOCAL GOVERNMENTS AND OTHERS AFFECTED, AND ASSIST IN DEVELOPING SOLUTIONS TO IDENTIFIED CONCERNS BEFORE THE REGULATIONS ARE CHANGED. 2335 West Highway 36 II St. Paul, MN 55113 II 651-636-4600 II Fax: 651-636-1311 ca-S Potential Regulatory Impacts of Expanded Trout Stream Designation Pat Lynch, DNR Waters Area Hydrologist October 16,2000 US Army Corps of Engineers. Section 404 Permit Program The Corps administers a wetland regulatory program. They have issued both a General Permit (GP) and Letter of Permission (LOP) in Minnesota which essentially has pre-approved relatively minor wetland impacts. The GP/LOP is not applicable for projects within 300 feet of calcareous fens, PCA Waters of Special Concern, and trout streams. Expanding trout stream designation will require wetland fill projects within 300 feet ofthe stream to be processed under the individual Corps permit process (90-120 days) versus the 1-2 week LOP/GP. DNR Protected Waters Permit Proe:ram The placement of rip rap shore protection, 12" in diameter, 3:1 slope, 5 feet waterward ofOHW, is exempt from an individual permit, except on Lake Superior and designated trout streams. Excavation and filling in designated trout streams is scrutinized much more closely than non- designated streams. Excavation in a protected watercourse having a total drainage area, at its mouth, of five square miles or less, is exempt from DNR permit, unless it is an officially designated trout stream, where a DNR permit is required. Permits may only be issued if the project will not result in increased water temperature, cause excessive sedimentation, or destruction of fish habitat, and there are no feasible or practical alternatives other than channel excavation. No DNR Waters permit is required to remove structures or other waterway obstructions except on designated trout streams. No DNR Waters permit is required for the construction, reconstruction, repair, or abandonment of a water control structure on protected watercourses with a contributing watershed of 300 acres or less, except on designated trout streams. No DNR waters permit is required to construct a bridge or culvert crossing on a protected watercourse with a total drainage area, at its mouth, of five square miles or less, except designated trout streams. Low water ford crossings are not allowed without permit on designated trout stream. ~ DNR Water Appropriations permit Proe:ram Permits to appropriate water for any purpose from streams designated trout streams by the commissioner are limited to temporary appropriations when not in conflict with the designation, such as during high flows or high water levels. These high flow/ high water level conditions are typically when no one has a need top appropriate water any way. The DNR General Water Appropriation Permit #97-0005 has resulted in significantly increased compliance for small (<50 million gallons), temporary appropriations. The general permit ha~ been implemented on a number of occasions in the Vermillion River watershed. Expanded designation will result in the increased number of individual water appropriation permits in the watershed, due to proximity to trout stream and discharge. This will negate the benefits of the general permit, increase work load, and possibly reduce compliance, because the individual DNR permit takes 30-60 days to process (versus 1-5 days for the general permit). Riparian landowners will not be able to increase existing permitted surface water appropriation from designated reaches, and new applications for irrigation from the designated sections would not be permissible. Proposals to appropriate from shallow wells and dug pits within a mile or so of the stream will require increased scrutiny, as will dewatering for mining, much of which occurs in the gravel-rich deposits of the Vermillion River watershed. Local Land Use and Stormwater Management The Vermillion River Watershed is developing rapidly. Farmington, Lakeville, and southeastern Apple Valley all have development occurring within the drainage basin. High impervious surface coverage and traditional storm water management will not be acceptable in subwatersheds of designated sections. It is imperative we have buy-in from affected communities who are currently developing in conformance with approved land use and stormwater management plans. They'll need time to amend plans and get the word out to developers. Timing of land development projects may be restricted due to fall trout spawning. It is common to prohibit work between mid-October to March. Other The expanded designation will affect the operation of the Empire Wastewater Treatment Plant on the mainstem Vermillion River, operated by Met Council Environmental Services. It is advisable to keep Met Council informed of our progress in the designation process, so that they may plan the future of that facility appropriately. New Protected Waters Inventory (PWI) Maps may need to be printed and distributed if additional tributaries, seeps, and springs are within the designated sections and not currently on the revised (1996) Dakota County PWI maps. It is likely that waters that have not been regulated by DNR in the past will become regulated under both the protected waters and water 15"/ ~ appropriation permit programs. I am not opposed to expansion of the trout stream designation of the Vermillion River and its tributaries, provided the process involves all potentially-affected interests, and the implications of such expanded designation are disclosed. I think that the time line that has been discussed for expanded designation (by fishing opener 2001) is unrealistic, given the array of interest groups that need to be included in the process, and the revised maps that will likely be needed. ~ Regulatory Implications of Changing Classification to Trout Stream Designation in Portions of the Vermillion River No Regulatory Change A DNR Waters Permit will still be required for: ~ Excavation in a protected watercourse having a drainage area of more than 5 square miles. ~ Constructing a bridge or culvert crossing on a protected watercourse with a total drainage area of more than 5 square miles. ~ Construction, reconstruction, repair, or abandonment of a water control struqture on protected watercourses with a contributing watershed area of more than 300 acres. Projects involving excavation or filling of designated trout stream will receive increased scrutiny during the permit process. Some Regulatory Changes In designated trout streams, the following activities would require a DNR Waters Permit: ~ Placement of shoreline rip rap ~ Removal of structures or other waterway obstructions ~ Low water ford crossings Implications for Water Appropriation Permits ~ An individual permit will be required to appropriate water for any pUIpose from a designated trout stream. Appropriations are considered temporary and are limited to periods that are not in conflict with a trout stream, such as periods of high flow. ~ Riparian landowners will not be able to increase existing permitted surface water appropriation from designated reaches, and new applications for irrigation from designated sections would not be permissible. ~ Proposals to appropriate from shallow wells and dug pits within a mile or so of the stream will require increased scrutiny, as will dewatering for mining. US Army Corps of Engineers ~ Expanding trout stream designation will require wetland fill projects within 300 feet of the stream to be processed under the individual Corps permit process (90 - 120 days) versus the 1 - 2 week Letter of Permission and General Permit (In reality there is very little land area that would be impacted by this regulatory change). ?<7 peA Water Quality Regulations In Minnesota trout streams are classified as 2A waters under Minnesota Rules, Chapter 7050, Subpart 2. Class 2A waters shall be such as to permit the propagation and maintenance of a healthy community of cold water sport or commercial fish and associated aquatic life, recreation of all kinds, including bathing, for which the waters may be usable. This class of waters is also protected as a source of drinking water. In comparison Class 2B waters (non-trout streams) are designated such as to permit the propagation and maintenance of a healthy community of cool or warm water sport OJ commercial fish and associated aquatic life, and their habitats. These waters shall be suitable for aquatic recreation of all kinds, including bathing, for which the waters may be usable. This class of surface water is not protected as a source of drinking water. The water quality standards for Class 2A waters are more stringent for a number of chemi9als and pollutants, many of which are known carcinogens. The four most prominent differences identified in PCA's water quality standards, as adopted from EPA's standards, include: 2A (trout streams) 2B (non-trout streams) Un-ionized ammonia 16,ug/l 40 ,u g/l Dissolved Oxygen 7 mg/l 5 mg/l Temperature no material increase allowed 50 F above natural Turbidity 10NTU 25 NTU C/o /OJ; 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: Middle Creek Trunk Sanitary Sewer and Water Main Extension Project - Use of Eminent Domain DATE: January 7, 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. 9/ 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, ~frz~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file 9~ 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 7th 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 7th day of January, 2002. Attested to the 7th day of January, 2002. Mayor City Administrator SEAL 93