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HomeMy WebLinkAbout11.05.01 Council Packet COUNCIL MEETING REGULAR November 5, 2001 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS, COMMENDATIONS a) Boy Scout Troop 119 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (10/15/01 Regular) (10/10/01 Special) b) Approve Joint Powers Agreement Dakota County Task Force - Police Department c) Approve Appointment Recommendation - Finance d) Consider Resolution - Accepting Safe and Sober Grant - Police Department e) Consider Resolution - Dakota County East-West Cross Corridor Study Collaboration - Engineering t) Disposal of City Property - Parks and Recreation g) Consider Ordinance - Amending Liquor License Eligibility - Administration h) Request for Senior Center Funding - Townships - Parks and Recreation i) Traffic Control Recommendations - Engineering j) Approve Bills 8. PUBLIC HEARINGS a) Approve Various Licenses and Permits - Administration b) Consider Resolution - Vacation of Right-of-Way and Easements City Center II - Community Development 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) September 2001 Financial Report - Finance b) Consider Resolution - Meadow Creek Final Plat - Community Development c) Consider Resolution - Meadow Creek Development Contract - Engineering d) River Summit Meeting - Administration e) League of Minnesota Cities Policy Adoption Conference - Administration 11. UNFINISHED BUSINESS a) Set Workshop Date - Traffic Calming Methods - Engineering b) Set Joint Workshop Date - Zoning Code Update - Community Development Action Taken Introduced Approved Approved Approved R93-01 R94-01 Approved Ord 001-467 Approved Approved Approved Approved R95-01 Information Received R96-01 R97-01 Iriformation Received Iriformation Received February 20, 2002 December 12,2001 12. NEW BUSINESS a) Consider Resolutions - 195th Street W, Middle Creek Trunk Sanitary Sewer and Water Main Extension Feasibility Report - Engineering 13. COUNCIL ROUNDTABLE 14. ADJOURN R98-01 R99-01 COUNCIL MEETING REGULAR November 5, 2001 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS, COMMENDATIONS a) Boy Scout Troop 119 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (10/15/01 Regular) (10/10/01 Special) b) Approve Joint Powers Agreement Dakota County Task Force - Police Department c) Approve Appointment Recommendation - Finance d) Consider Resolution - Accepting Safe and Sober Grant - Police Department e) Consider Resolution - Dakota County East-West Cross Corridor Study Collaboration - Engineering f) Disposal of City Property - Parks and Recreation g) Consider Ordinance - Amending Liquor License Eligibility - Administration h) Request for Senior Center Funding - Townships - Parks and Recreation i) Traffic Control Recommendations - Engineering j) Approve Bills 8. PUBLIC HEARINGS a) Approve Various Licenses and Permits - Administration b) Consider Resolution - Vacation of Right-of-Way and Easements City Center II - Community Development 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) September 2001 Financial Report - Finance b) Consider Resolution - Meadow Creek Final Plat - Community Development c) Consider Resolution - Meadow Creek Development Contract - Engineering d) River Summit Meeting - Administration e) League of Minnesota Cities Policy Adoption Conference - Administration 11. UNFINISHED BUSINESS a) Set Workshop Date - Traffic Calming Methods - Engineering b) Set Joint Workshop Date - Zoning Code Update - Community Development Action Taken Pages 200-205 Paqes 206-215 PrigP ?1f\ paqes 217-218 Paqes 219-221 Page 222 Paqes 223-228 Pages 229-230 Paqes 231-234 Page 235 PrigPl=: ?1fi-?17 Pages 238-243 Pages 244-246 Paqes 247-253 Pages 254-267 Pages 268-269 Pages 270-334 Page 335 Paqe 336 12. NEW BUSINESS a) Consider Resolutions - 195th Street W, Middle Creek Trunk Sanitary Sewer and Water Main Extension Feasibility Report - Engineering Pages 337-360 13. COUNCIL ROUNDTABLE 14. ADJOURN 7CL COUNCIL MINUTES REGULAR October 15, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None Joel Jamnik City Attorney, Ed Shukle City Administrator, Dave Olson Community Development Director, Dan Siebenaler Police Chief, Jim Bell Parks and Recreation Director, Lee Mann City Engineer, Karen Finstuen Administrative Services Manager, Brenda Wendlandt Human Resources Manager, Cynthia Muller Executive Assistant 4. APPROv.EA GENDA MOTION by Soderberg, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Minnesota Manufacturing & Technology Month - Community Development The Council proclaimed October 22 - November 23,2001 as Minnesota Manufacturing and Technology Month. b) Commendation - Engineering Mr. Tim Gross, Assistant City Engineer, received a letter from the residents of Nelsen Hills Twin Home Division thanking him for his assistant in settling the problems within their housing development. c) Commendation - Police Department A letter was received from the FAA thanking the Police Department for their help with security. 6. CITIZEN COMMENTS 7. CONSENT AGENDA Item 7a) Council Minutes (to/1/0l Regular) was pulled so Councilmember Verch could abstain from voting as he was absent from that meeting. MOTION by Soderberg, second by Cordes approving Council Minutes (10/1/01 Regular). Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. dOO Council Minutes (Regular) October 15,2001 Page 2 MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: b) Approved Appointment Recommendation - Community Development/Fire Department c) Received Information Capital Outlay - Parks and Recreation d) Authorized Disposal of City Property - Administration e) Approved Facilities - Change Order 1 - Engineering f) Received Information Quarterly Building Permit Report - Community Development g) Acknowledged Quarterly Customer Service Report - Administration h) Set November 5,2001 Public Hearing Various Licenses and Permits- Administration i) Approved Bills APIF, MOTION CARRIED. Councilmember Strachan noted in the Customer Service Report for April, May, and June, every respondent said staff was courteous and helpful. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) MUSA Review Committee Recommendation - Community Development The MUSA Review Committee held its final meeting on September 12, 2001 and forwarded a recommendation for the 2005 MUSA to be designated this year. The committee was comprised of Mayor Ristow, Planning Commission Chair Dirk Rotty, Parks and Recreation Chair Dawn Johnson, School Board Member Bob Heman, and Community Development Director Dave Olson. Their recommendations are as follows: 1. That 250 acres of additional MUSA be designated in the southern portion of the SeedlNewland orderly Annexation Area to promote and expedite the extension of 1 95th Street. 2. The previously approved exceptions to the MUSA Review process, are also approved including the designation of MUSA for the new ISD 192 Elementary School, the Farmington Lutheran Church, the southern portion of the Middle Creek PUD, and the remaining portion of the Industrial Park. 3. The remainder of the 2005 MUSA will be banked and considered for designation in the future. There are 212 acres left from the 610 acres after the 250 acres to the SeedlNewland property and after the exceptions are approved, that will be held in the bank and considered for future designation. 4. The designation of only a portion of the available 610 MUSA acres will allow for planned and orderly growth in Farmington. ~C)1. Council Minutes (Regular) October 15,2001 Page 3 5. A MUSA Review Committee will reconvene in 12 months to review additional areas for possible MUSA designation. MOTION by Strachan, second by Soderberg adopting RESOLUTION R91-01 approving the above recommendations of the MUSA Review Committee. APIF, MOTION CARRIED. b) Consider Resolution - Livable Communities Act Participation - Community Development By participating in the Metropolitan Livable Communities Act Local Housing Incentives Account the City agrees to establish affordable and life cycle housing goals. Participation in the program allows the City to be eligible for possible funding for projects under the Tax Base Revitalization Account, the Livable Communities Demonstration Account, and the Local Housing Incentives Account. MOTION by Cordes, second by Soderberg adopting RESOLUTION R92-01 authorizing continued participation in the Livable Communities Act Local Housing Incentives Account for 2002. APIF, MOTION CARRIED. c) Speed Humps Information - Engineering Staff forwarded to Council information regarding speed humps as a traffic calming device. If more discussion is needed a workshop could be held. Collector streets, which are wider, are not recommended for speed humps. Staff will bring a proposed workshop date to the next Council meeting. Costs and examples of proposed streets for speed humps will be brought to the workshop. A policy regarding speed humps could be developed at the workshop. d) Dakota County 2002-2006 CIP - Administration A draft 2002-2006 Capital Improvement Program was received from Dakota County. An East-West corridor link is crucial to Farmington. A portion of this corridor, 195th Street, is included in the CIP. e) Letter from Charter Communications - Administration A letter was received from Charter Communications regarding changes in channel lineup. t) AMM 2002 Policy Adoption Meeting - Administration The AMM Annual Meeting is November 1,2001. City Administrator Shukle will be attending and recommended Council also attend. 11. UNFINISHED BUSINESS a) Embers Avenue Traffic Issues - Engineering Staff conducted traffic surveys on Embers Avenue at two locations: between 1 87th Street West and 1 86th Street West, and between Embry Avenue and Ea~lewood Trail. The average speed ranged between 26 mph and 28 mph. The 85t percentile speed, which is the speed 85% of the cars are driving or lower o?a:;(. Council Minutes (Regular) October 15,2001 Page 4 ranged between 33 and 34 mph. The classification of vehicles using the road are passenger vehicles and pickup trucks. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Council member Strachan: A suggestion came from staff a couple weeks ago regarding placing signs on stub streets informing of future development. This was a great idea. Another great idea was disposal of old cell phoI!es and giving them to the women's shelter to use for emergencies. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 7:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, /,1 > ./ d / f _.1 /,- ??-7~ ;?~ Cynthia Muller Executive Assistant Ot03 MINUTES CITY COUNCIL WORKSHOP 2002 BUDGET OCTOBER 10,2001 1. Call to order - Mayor Ristow called the meeting to order at 6:30 p.m. Present: Mayor Ristow, Councilmembers Cordes, Soderberg, Strachan, Verch Also Present: City Administrator Shukle and the Management Team 2. Adopt Workshop Agenda - MOTION by Soderberg, second by Cordes to approve the agenda as amended by adding ISD #192's request to extend work hours at the site of the new Elementary School on 195th Street. APIF, MOTION CARRIED. 3. Overview of Proposed 2002 Budget - Robin Roland, Finance Director Reviewed the 2002 Property Tax Law changes: · Loss of HACA State Aid · Change in Levy Limits · Changes in Class Rates used to determine Tax Capacity Values · Shift of Education Funding to State - not local levy Tax Law Change Impacts on Farmington · 2001 HACA and LGA Revenue = $885,669; 2002 LGA Revenue + $496,117; loss of $389,552 · State Legislature expected cities to levy back any lost State aids · Shift increases 2002 Tax Levy to 50% of General Fund Revenues; 2001 was 39% · 2002 Intergovernmental Revenues = 15% of General Fund Revenues; 2001 was 25% · State mandated levy limit $3,566,245 (exclusive of debt) · Farmington requested levy $2,600,079 (exclusive of debt); $986,166 less than limit · 23% increase in Gross Levy from 2001 to 2002 -15% for Lease Revenue Bonds - 8% for operations · Total increase to General Fund Revenues is 12% - 8% from taxes - 4% from other sources 2002 Expenditures Budget Process · Anticipated 10% increase in General Fund expenditures per Financial Proforma · Proposed increase in expenditures over 2001 is 12% - 6% increases in charges, services and supplies - 4% new positions - 2% accounting changes · Accounting changes are balanced with equal increases in associated revenues dot! Tax Law Change Impacts on Farmington · 19.6% Market Value increase from 2001 to 2002 · Tax Capacity Value change from 2001 to 2002 is a decrease of 10.7% 4. Personnel Requests for 2002 - Brenda Wendlandt, Human Resources Manager A proposed budget staffing memo was presented to Council requesting a Police Investigator, an additional Police Officer, upgrade Police part-time Secretary/Dispatcher to full-time, a Recreation Programmer, Secretary/Receptionist, a part-time clerical assistant at new Central Maintenance Facility and a Maintenance Worker. It was consensus of the Council that all requests were reasonable. 5. Discussion - Administrator Shukle, who was not yet with the City when the 2002 proposed budget was prepared, told Council he felt this budget was a solid, sound and timely budget with no fluff. The Fund Balance should be 35% of the budget and it is. Finance Director Roland will make a simple presentation of the finalized budget to Council at the Taxation Hearing scheduled for December 3, 2001. Information on tax law changes will be in the City's NovemberlDecember newsletter. 6. ISD#192 Request to Extend Construction Hours Staff informed Council that the School District had met with the surrounding residents relative to the hours of construction. It was a consensus that the following rules apply to this project only: · Construction be permitted 7:00 a.m. - 8:00 p.m. Monday through Friday, 8:00a.m. - 8:00 p.m. Saturday with no work on Sunday only if an emergency occurs. · Construction lighting on the site should be directed away from residences and generator noise should be mitigated · This policy will be rescinded if problems occur 6. Adjourn - MOTION by Cordes, second by Strachan to adjourn at 7:45 p.m. APIF, MOTION CARRIED. Respectfully submitted, (Yt~ a:~ Karen Finstuen Administrative Services Manager d05 7b City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, councilme~erS and City Administrator ( . FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Joint Powers Agreement Dakota County Drug Task Force DATE: November 5, 2001 INTRODUCTION For many years the City of Farmington has participated in a multi-jurisdictional drug task force for the purpose of conducting narcotics investigations. Three years ago all of the Police Departments in Dakota County joined together to form the Dakota County Drug Task Force. DISCUSSION As part of membership in the Dakota County Drug Task Force a Joint Powers Agreement (JP A) must be ratified annually by each local government. The JP A outlines the rights and responsibilities of each participant. The City of Farmington participates by contributing approximately 350 hours to the Task Force per year. This is accomplished by two part-time narcotics investigators, ~e-assigned from the Patrol Division, as time permits. BUDGET IMPACT There is no [mancial contribution by the City of Farmington associated with this agreement. The Dakota County Drug Task Force is funded by a combination of Grants and revenue generated by forfeited money and property. ACTION REQUESTED Adopt the proposed Joint Powers Agreement as presented. Respectfully submitted, Daniel M. Siebenaler Chief of Police C;?~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ?~ TO: Mayor, Council Members and City Administrator ~~. FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Approve Appointment - Finance DATE: November 5, 2001 INTRODUCITON The recruitment and selection process for the appointment ofa full-time Liquor Clerk, to fill a vacant position in the Finance Department, has been completed. DISCUSSION After a thorough review of all applicants for the full-time Liquor Clerk by the Liquor Division and Human Resources Office, a contingent offer of employment has been made to Mr. Michael Johnson, subject to ratification by the City Council. Mr. Johnson is currently a part-time liquor clerk. He began his employment with the City in March of 2001 and has proven to be an excellent employee. He has an extensive background in liquor industry and in retail sales. He has been employed by Sam's Club since 1994 working in Iowa and Minnesota handling a variety of duties. BUDGET IMPACT Funding for this position is authorized in the 2001 budget. RECOMMENDATION Approve the appointment of Mr. Michael Johnson in the Department of Finance, effective November 6, 2001. Respectfully submitted, /!~UC ;f)/.~ A 1 \/u) , /, ..tl~/utl ;: ,/ ,y (-<...... ~'-.,-,,' ./, -, -" " I Brenda Wendlandt, SPHR Human Resources Manager cll0 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: Daniel M. Siebenaler Chief of Police SUBJECT: Safe and Sober Grant DATE: November 5, 2001 INTRODUCTION The Farmington Police Department has applied for a Safe and Sober Grant for the 2001-2002 fiscal year. DISCUSSION Safe and sober is a program sponsored by the Minnesota Department of Public Safety, Office of Traffic Safety. It is designed to promote education and enforcement of traffic laws by local police departments through the use of grant money. The grant pays overtime expenses for officers dedicated to specific enforcement campaigns. A portion of the grant also funds the purchase of equipment used in enforcement activities. This year the Farmington Police Department will be partnering with the City of Rosemount and the Dakota County Sheriffs Office in its application for the Safe and Sober Grant. BUDGET IMPACT The grant funds do pay for officer overtime and will therefore be reflected in higher overtime expenses in the budget. There is however, no City contribution to the Safe and Sober Campaign and the increases in the overtime budget created by the program will be offset by grant money. ACTION REQUESTED Adopt the attached Proposed Resolution accepting the Safe and Sober Grant for 2001-2002. Respectfully submitted, Daniel M. Siebenaler Chief of Police 7J 01/7 R -01 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Farmington Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2001 through September 30, 2002, and Be it further resolved that Chief of Police Daniel M. Siebenaler, or his successor, is hereby authorized to execute the agreement on behalf of the City of Farmington, and Be it further resolved that the Sheriff of Dakota County is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Farmington Police Department and to be the fiscal agent and administer the grant. I hereby certify that the above resolution was adopted by the City Council of the City of Farmington, Minnesota on November 5, 2001. SIGNED: WITNESSETH: Signature Signature Mayor. City of Farmilllrton Title City Clerk. City of Farmington Title Date Date d/'i' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /e TO: ~( Mayor, Councilmembers, City Administrator . FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: Dakota County East-West Cross Corridor Study Collaboration DATE: November 5,2001 INTRODUCTIONIDISCUSSION Dakota County has indicated a desire for the City of Farmington to adopt a resolution indicating the City's willingness to collaborate with the County on their East-West Cross County Corridor Study. Attached is a resolution that would achieve that purpose. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution agreeing to collaborate with Dakota County in their East-West Cross County Corridor Study process. Respectfully Submitted, ~ M /11MM-- Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file ~'Jf1 RESOLUTION NO. R -01 AGREEMENT TO COLLABORATE WITH DAKOTA COUNTY IN THEIR EAST- WEST CROSS COUNTY CORRIDOR STUDY 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 5th day of November 2001 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, Dakota County has indicated that the County grew from 161,625 to 355,904 between 1980 and 2000 and is forecasted to grow by another 100,300 people by 2020; and WHEREAS, Dakota County has indicated that the cities of Farmington and Lakeville and Empire Township grew from 20,384 people to 57,131 people or 181 % between 1980 and 2000 and are anticipated to grow by another 78% to 101,700 people by 2020; and WHEREAS, Dakota County has indicated that the number of trips generated by residential household growth in the cities of Lakeville and Farmington alone are anticipated to increase from an estimated 162,000 trips per day in 2000 to an estimated 346,500 trips per day or by 114% by 2020; and WHEREAS, the County has indicated that according to the Metropolitan Council, the number of jobs in the cities of Lakeville and Farmington and Empire Township are expected to grow from 13,200 to 19,100 or 31% between 2000 and 2020; and WHEREAS, the existing road system south of County Road 46 does not include a minor or principal arterial from the west county line to the east County line and beyond; and WHEREAS, Dakota County has indicated that as the County continues to grow in population and workers, the current and projected residents of Dakota County and workers coming to and from Dakota County need, and will increasingly need, an improved east-west transportation system to efficiently and safely get to and from their destinations within the County and within the south metropolitan region; and WHEREAS, an improved transportation system in Dakota County must include some east-west minor arterials and collectors and a principal east west arterial; and d~ WHEREAS, the City of Farmington did consult with County staff in regard to their preliminary study of east-west transportation needs south of County Road 46 which developed some possible road alignments to accomplish improved access east and west as part of preliminary findings for an East-West Cross County Corridor Study; and WHEREAS, the County presented these preliminary findings of the East-West Cross County Corridor Study with some possible road alignments to the elected and appointed officials in the City of Farmington; and WHEREAS, the County has indicated a desire to continue to collaborate with the City of Farmington and other agencies on a comprehensive East West Cross County Corridor Study that will evaluate the proposed alignments and the opportunities to develop one or more east west road to improve east west transportation; and WHEREAS, the County has indicated its reliance on its partnership with the City of Farmington and other agencies to develop and proceed with a comprehensive East-West Cross County Corridor Study that will identify ways to improve the east-west transportation for residents in Dakota County and workers coming to and from Dakota County. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington, by adoption of this resolution, demonstrates its willingness to collaborate with Dakota County on the East West Cross County Corridor Study. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of November 2001. Mayor day of ,2001. Attested to the City Administrator SEAL dd/ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7F TO: Mayor, Councilmembers, City Administrator 1 ~. FROM: James Bell, Parks and Recreation Director SUBJECT: Disposal of City Property DATE: November 5,2001 INTRODUCTION Furniture has been replaced in the Fire Department day room and the used furniture should be disposed of. DISCUSSION The used day room furniture is sitting in the bay area at the Fire Department. Chief Kuchera would like to have it removed to another location. The City does not have a use for the furniture or a place to store it until the next auction. Staff would like to donate it to one of the local charitable organizations. This would be an appropriate method of disposal. BUDGET IMPACT There are no costs involved in this donation. ACTION REOUlRED Authorize the disposal of used day room furniture. Respectfully submitted, ~16~ James Bell '. Parks and Recreation Director do1;? City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: '7:\, Mayor, Councilmembers, City Administrator J' FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Adopt Ordinance Amending Liquor License Eligibility DATE: November 5, 2001 INTRODUCTION Kenneth LaBeau, owner of LongBranch Saloon and Eatery and holder of an On-Sale Liquor License is interested in applying for a second On-Sale Liquor License at a second restaurant location. In accordance with City Code 3-12-11(B) any person owning an interest in any other establishment that has a Liquor License within the City is ineligible for a second license. DISCUSSION The existing On-Sale Liquor ordinance was adopted in 1984 at which time Farmington's population was less than 5000 with only five licenses available and there was concern that those licenses could be monopolized. The City's official population is currently 12,365 which makes twelve Liquor Licenses available. For the year of 2002 we have applications for three licenses, one of which is for the LongBranch Saloon and Eatery. Mr. LaBeau is planning to make improvements to the building adjacent to his existing building to create a second restaurant for which he will be requesting a second Liquor License. There are no provisions within Minnesota State Statutes that regulate the number of Liquor Licenses issued to a single license holder. The City Attorney has reviewed and approved this request. BUDGET IMPACT Fees for Liquor Licenses are included in the revenue portion of the budget. ACTION REOUESTED Adopt the attached ordinance amending the On-Sale Liquor License by removing the Multiple Interest clause (B) from 3-12-11 of the Farmington City Code. ofJe:?3 c:? c7(- tj- Respectfully submitted ~~~ Karen Finstuen Administrative Services Manager ORDINANCE NO. 001- CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 12 OF THE FARMINGTON CITY CODE RELATING TO PERSONS INELIGmLE FOR LIQUOR LICENSE THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 3, Chapter 12 of the Farmington City Code is hereby amended by deleting as follows: 3-12-11: PERSONS INELIGIBLE FOR LICENSE: (A) State Law: No license shall be granted to or held by any person made ineligible for such a license by State law. (8) Mukiple IBtefest: Na lieeRse shall he gFftRtes te a persaR '.vfta is siFeetly ar iRsiFeetly iRtefestes iR aRy ather estahlishmeat iR the City te whieh a lieeRse has heeR issues uRser this Chapter. Ne perseR shall e\VR &8 iaterest, as sefiRes iR this Chapter, iR lBeFe than eRe estahlishIBeat er htlsiRess fer '.vhieh a lieeRse has heeR gFaDtes iR this City 1:Hlser this Chapter. ~ Manager Required: No license shall be granted to a corporation that does not have an operating officer who is eligible pursuant to the provisions of this Chapter. ~ Real Party in Interest: No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provisions of subsectiolHi (A) ans (8) of this Section or who, in the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. ~ Residency Requirements; Renewal: A license will not be renewed if, in the case of an individual, the licensee is not a resident of the State of Minnesota at the time of the date for renewal; if, in the case of a partnership, the managing partner is not a resident of the State at the time of the renewal; or in the case of a corporation, if the operating officer is not a resident of the State at the time of the date of renewal. The time for establishing residency within the State may, for good cause, be extended by the Council. ~ "Interest" Defined: The term "interest" as used in this Section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an interest of five percent (5%) or less in any corporation holding a City liquor license. A person who receives monies from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide", the reasonable value of the goods or things received as consideration for the payment by the licensee and all other dd?5 facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibition of this Section shall be considered. ~ No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments, or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Chapter 278 M.S. questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. ADOPTED this _ day of ,20_. CITY OF FARMINGTON Mayor ATTEST: City Administrator Approved as to form the _ day of ,20_. City Attorney SEAL Published in the Farmington Independent the _ day of ,20_. dOl~ October 25,2001 City of Farmington 325 Oak Street Farmington, Mn 55024 To Whom It May Concern: Re: Liquor License Within the next six months I intend to open a second restaurant in the building located next door to the LongBranch Saloon and Eatery and I will be requesting another Liquor License. It is my understanding that City Ordinance does not allow for the issuance of a second Liquor License to a person who has interest in any other Liquor establishment in the City. I request that the ordinance be changed to allow for the development of an additional business in downtown Farmington. LongBranch Saloon and Eatery ~~7 Minnesota Statutes 2000, 340A.404 http://www.revisor.leg.state.mn.uslstats/340A/404.html (c) Any act, which if done on the licensed premises would be grounds for cancellation or suspension of the on-sale licensee, is grounds for cancellation of both the on-sale license and the caterer's permit if done when the permittee is operating away from the licensed premises under the authority of the caterer's permit. (d) The permittee shall notify prior to any catered event: (1) the police chief of the city where the event will take place, if the event will take place within the corporate limits of a city; or (2) the county sheriff of the county where the event will take place, if the event will be outside the corporate limits of any city. (e) If the primary license ceases to be valid for any reason, the caterer's permit ceases to be valid. (f) Permits issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except those laws and ordinances which by their nature are not applicable. (g) The annual state fee for a caterer's permit is $200. Subd. 13. Holders of aul Upl. on-sale licens.s; unifora lioensinq periods. Notwithstanding any local ordinance or other law, a local government unit may adjust the licensing period for any holder of multiple on-sale alcoholic beverage licenses in the state, upon request of the licensee. The local government unit may charge a fee for an adjustment of the licensing period. HIST: 1985 c 201 s 3; 1985 c 305 art 6 s 4; lSp1985 c 16 art 2 s 3 subd 1; lSp1986 c 3 art 1 s 37; 1987 c 5 s 1,2; 1987 c 27 s 1; 1987 c 29 s 1; 1987 c 152 art 1 s 1; 1987 c 310 s 8; 1987 c 328 s 2; 1989 c 40 s 1; 1990 c 554 s 7-10; 1991 c 249 s 4-7,31; 1992 c 486 s 7; 1994 c 611 s 16,17; 1995 c 42 s 1; 1995 c 198 s 8,9; 1996 c 418 s 5,6; 1997 c 129 art 1 s 3,4; 1998 c 364 s 3,4; 1999 c 202 s 1-4; 2000 c 440 s 3 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. 60f6 ~c::?<?' 10/26/01 1:46 PM Minnesota Statutes 2000, 340A.404 http://www.revisor.leg.state.mn.us/stats/340A/404.html additional license, or require a fee or occupation tax, for the sales. Subd. 9. M1litary bases and installations. The commissioner may issue an on-sale license for the sale of intoxicating liquor within the boundaries of a military base or installation under the jurisdiction of the adjutant general with the approval of the adjutant general. No municipal or county license is required for the sale of intoxicating liquor under this subdivision. Subd. 10. Temporary on-sale licenses. The governing body of a municipality may issue to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political committee registered under section lOA.14, or (3) a state university, a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than four consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on-sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing municipality. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety. A county under this section may issue a temporary license only to a premises located in the unincorporated or unorganized territory of the county. Subd. 11. Removal of wine from restaurant. A restaurant licensed to sell intoxicating liquor or wine at on-sale under this section may permit a person purchasing a full bottle of wine in conjunction with the purchase of a meal to remove the bottle on leaving the licensed premises provided that the bottle has been opened and the contents partially consumed. A removal of a bottle under the conditions described in this subdivision is not an off-sale of intoxicating liquor and may be permitted without additional license. Subd. 12. Caterer's permit. The commissioner may issue a caterer's permit to a restaurant that holds an on-sale intoxicating liquor license issued by any municipality. The holder of a caterer's permit may sell intoxicating liquor as an incidental part of a food service that serves prepared meals at a place other than the premises for which the holder's on-sale intoxicating liquor license is issued. (a) A caterer's permit is auxiliary to the primary on-sale license held by the licensee. (b) The restrictions and regulations which apply to the sale of intoxicating liquor on the licensed premises also apply to the sale under the authority of a caterer's permit, and any act that is prohibited on the licensed premises is also prohibited when the licensee is operating other than on the licensed premises under a caterer's permit. 50f6 10/26/01 1 :46 PM City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 74 To: Mayor, Councilmembers, City Administrator (..\ From: James Bell, Parks and Recreation Director Subject: Request for Senior Center Funding - Townships Date: November 5, 2001 INTRODUCTION In past years, Council has determined that non-resident fees were appropriate in the absence of any financial support from neighboring townships. DISCUSSION The Senior Center has adopted a membership fee for seniors in an attempt to gain more involvement in center activities. This minimal fee was intended to get more seniors active in specific programming at the center. Advantages to becoming a member of the center are as follows: . Monthly newsletter mailed to members. (301 total newsletters per month, 33 to other cities residents and 17 to Township residents). . Members receive the first choice of the day old bread that is donated to the center. . Members receive use of the embroidery machine. . Members are allowed access to the computers. . Members are allowed to display their crafts in the craft room and participate in craft shows without paying the 10% fee. . Members are allowed to make limited free copies. Staff would again propose, with Council approval, a means for the Council to waive the Senior Center non-resident membership fees by requesting that the Townships provide funds to offset the costs related to these non-resident fees. Should the Townships submit funding to the City for this purpose, the need to charge non-resident membership fees could be eliminated for those residents. old 9' BUDGET IMPACT Request $250.00 each from the Empire, Castle Rock and Eureka Townships for non-resident membership fees. The funds would be designated to support Senior Center activities listed above. ACTION REQUESTED Direct staff to write a letter on behalf of the Council, requesting financial support for the Senior Center from the surrounding Townships. Staff will follow up the letter with a phone call. If a negative response is received, staff will continue to propose a non-resident membership fee in the City's fee schedule. Respectfully submitted, J~~ James Bell Parks and Recreation Director Cc: Senior Center Advisory Board CEEF c:P30 ~:1 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmin2ton.mn.us TO: M C '1 b C' Ad . . ezi~' ayor, ounCl mem ers, Ity mlll1strator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Traffic Control Recommendations - 6th Street and Walnut Street DATE: November 5'\ 2001 INTRODUCTION Staff has received a request to review the traffic control at the above referenced intersection. The intersection of 6th and Walnut Street is currently a 2-way stop with signs on 6th Street. All-way stop control is recommended at this intersection. DISCUSSION Attached is the traffic engineer's recommendation regarding the proposed four-way stop at the subject intersection. All-way stop sign control at this intersection would likely increase safety for children from the school crossing the street. The volumes are not sufficient to warrant all-way stop control, but being immediately adiacent to the school creates a situation where the safety aspects of children and parents crossing the intersection can be improved, while not hampering high traffic volumes. For this safety reason, all-way stop control should be considered for this intersection. Staff concurs with the traffic engineer's recommendation. A letter has been sent to the school district recommending school crossing guards be utilized at this intersection per the traffic engineer's recommendation. BUDGET IMPACT The cost to install the recommended signage falls within the 2001 budget. ACTION REOUESTED Approve the permanent four-way stop control at the intersection of 6'h and Walnut Street. Respectfully submitted, ~/'h~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Doug Bonar, Building & Grounds Director, ISD 192 Dan Strumberger, 5926 193rd Street, Farmington 013/ .~I1~ Bonestroo !!-! Rosene. ~ Anderhk & 1 \11 Associates Engineers & Architects Memorandum Bonestroo. Rosene. Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo. f'E. . Marvin L. Sorvala. P.E. . Glenn R. Cook, f'E. . Robert G. Schunicht, f'E. . Jerry A. Bourdon, PE Senior Consultants: Robert W. Rosene, f'E. . Joseph C. Anderlik, f'E. . Richard E. Turner, PE. . Susan M, Eberlin, c.PA. Associate Principals: Keith A. Gordon, f'E. . Robert R. Pfefferle, PE. . Richard W. Foster. PE. . David O. Loskota, PE. . Mark A. Hanson. PE. . Michael T. Rautmann. PE. . Ted K. Field, P.E. . Kenneth P Anderson, PE. . Mark R. Rolfs, PE. . David A. Bonestroo, M.s. A. . Sidney f' Williamson. f'E., L.S. . Agnes M. Ring. M.a.A. . Allan Rick Schmidt, PE. . Thomas W Peterson, PE. . James R. Maland, f'E. . Miles a. Jensen. f'E. . L. Phillip Gravel III, PE. . Daniel J. Edgerton f'E . Ismael Martinez. PE. . Thomas A. Syfko. PE. . Sheldon J. Johnson. Dale A. Grove, PE. . Thomas A. Roushar f'E . ' . . Robert J. Devery, PE. . . . Offices: St. Paul. St. Cloud, Rochester and Willmar, MN . Milwaukee, WI . Chicago, IL \llebsite: www.bonestroo.com TO: Tim Gross Assistant City Engineer Shelly Johnson (:,~" Bryant Ficek 'Bf4' October 2, 2001 FROM: DATE: RE: All- W ay Stop Control Request - Walnut and 6th Street Our File No. 141-99-101 the intersection of 6th Street and Walnut Street in Farmington is a four-legged intersection with two-way stop sigri contr6f on ShStreet, meaning vehicles on Walnut Street continue without stopping. Sidewalks are provided on both sides of every leg with crosswalks clearly marked. Parking is allowed on both sides on the north and east legs of the intersection. On the south leg, parking is allowed on the east side and prohibited between 7 a.m. and 5 p.m. on the west side. On the west leg, parking is allowed on the north side and prohibited on the south side between 7 a.m. and 5 p.m. A school is located in the southwest comer of the intersection and a church is in the southeast comer. The other quadrants are residential areas. All legs have adequate sight distance. To the north and south on 6th Street, vehicles are able to travel two blocks before being stopped at another intersection. Vehicles are able to travel two blocks before stopping to the east on \Valnut Street and ont; block to the west before a..'1 all-way stop at 5th Street. All-way stop sign control at this intersection would likely increase safety for children from the school crossing the street. The volumes are not sufficient to warrant all-way stop control, but being immediately adiacent to the school creates a situation where the safety aspects of children, and parents, crossing the intersection can be improved while not hampering high traffic volumes. For this safety reason, we are recommending that all-way stop control be considered for this intersection. We would further recommend that school crossing guards be utilized atthis l.ocation~'. This would further improve the safety during those morning and afternoon time periods when children are crossing this intersection. Please do not hesitate to contact us should you have any questions regarding the above. 2335 West Highway 36 · St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 o?3~ //:07 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminsrton.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Traffic Control Recommendations - 193rd Street & Estate Avenue DATE: November 5th, 2001 INTRODUCTION Staffhas received a request to review traffic at the above referenced intersection. The intersection of 193rd Street and Estate Avenue currently has no stop sign control. A stop sign is recommended on Estate Avenue at 193rd Street. DISCUSSION Attached is the traffic engineer's recommendation regarding the proposed stop sign at the subject intersection. Placement of a stop sign on Estate Avenue will clearly establish right-of-way on 193rd Street, a collector road. Staff concurs with the traffic engineer's recommendation. BUDGET IMPACT The cost to install the recommended signage falls within the 2001 budget. ACTION REOUESTED Approve the installation of a stop sign on Estate Avenue at 193rd Street. Respectfully submitted, ~yYz~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Cindy Wood, 5590 193rd Street, Farmington cl3$ . .. ~ Bonestroo ~ .. _ Rosene ~ Anderlik & . \J. Associates Engineers & Architects Memorandum Bonestroo, Rosene, Anderlik and Associates. Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, PE. . Marvin L Sorvala, PE. . Glenn R. Cook, PE. . Robert G. Schunicht PE . Jerry A. Bourdon, PE. ' . . Senior Consultants: Robert W. Rosene. PE. . Joseph C Anderlik. PE. . Richard E. Turner, PE. . Susan M. Eberlin, CPA. Associate Principals: Keith A. Gordon, PE. . Robert R. Pfefferle, PE. . Richard W. Foster, PE. . David 0, Loskota. PE. . Mark A. Hanson, PE. . Michael TRautmann, PE. . Ted K. Field. PE. . Kenneth P Anderson. PE. . Mark R. Rolfs. pE. . David A. Bonestroo, M.B.A. . Sidney P Williamson. PE., LS. . Agnes M. Ring. M.B.A. . Allan Rick Schmidt, PE. . Thomas W. Peterson. PE. . James R. Maland. PE. . Miles B. Jensen. PE. . L Phillip Gravel III, PE. . Daniel J. Edgerton PE . Ismael Martinez. PE. . Thomas A. Syfko, PE. . Sheldon 1. Johnson. Dale A. Grove. PE. . Thomas A. Roushar PE. . . . Robert J. Devery, PE. . . . Offices: St. Paul. St. Cloud, Rochester and Willmar, MN . Milwaukee. WI . Chicago. IL 'Website: www.bonestroo.com TO: Tim Gross FROM: Shelly Johnson Bryant Ficek DATE: September 26,2001 Traffic Control Request - 193rd Street and Estate Avenue Ow-File No. 141-99-101 RE: '.. ,.-, . . r .'. Pursuant' to your request, we have evaluated the traffic control at the intersection of 193rd and Estate A venue. Our analysis and conclusions follow. The intersection of Estate Avenue and 193rd Street West in Farmington is a three-legged intersection with Estate Avenue teeing into 193rd Street West. Currently, there is not any intersection control. In the northeast comer of the intersection is a small park. The other quadrants are all residential areas. There are not sidewalks on any of these roadways and crosswalks are not provided. Parking is not prohibited on these roadways. Estate Avenue starts at 193rd Street West and provides travel to the north before turning to the west and intersecting with Euclid Path, just south of 190th Street West. There is no intersection control on either end of Estate Avenue. Vehicles on 193rd Street West are able to travel one block before being stopped at the intersection with CSAH 31 to the east to Euclid path to the west. Based on the geometrY of the road and the current placement of other stop signs in the area and since 193rd Street West is a collector road with higher importance, a stop sign should only be placed on Esia~eAvenue,'allo~ing 193r~~treet West to continue through the intersection without stopping'. This placement would clearly establish right~of-way for vehicles in the intersection. In addition, vehicles on 193 rd Street West would not be unnecessarily stopped at three intersections in a row and westbound vehicles would avoid the potential back-up into CSAH 31. 2335 West Highway 36 · St. Paul, MN 55113. 651-636-4600 · Fax: 651-636-1311 d..3 'I 15'LL.- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 1'.( TO: Mayor, Councilmembers, City Administrator FROM: Karen Finstuen, Administrative Service Manager SUBJECT: 2002 License Renewal Public Hearing DATE: November 5, 2001 INTRODUCTION Pursuant to City Ordinance 3-12-6-2, a public hearing must be held to renew On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, On-Sale Wine and Club Licenses. Ordinance 3-15- 8C regulates the renewal of Saunas and Therapeutic Massage Licenses. DISCUSSION The following establishments have submitted their applications for renewal: On-Sale Liquor - American Legion Farmington Lanes Long Branch Saloon and Eatery On-Sale Sunday - American Legion Eagles Club Farmington Lanes Long Branch Saloon and Eatery VFW Club Club Licenses - Eagles Club VFW Club On-Sale Intoxicating Malt Liquor and On-Sale Wine -B & B Pizza Sauna and Therapeutic Massage - Rite Touch Therapeutic Massage Sherry Jackson The required attachments, fees and insurance information have been submitted with the applications. Police Chief Siebenaler has reviewed the forms and approved the applications. o?.3 r;, BUDGET IMPACT The fees collected are as proposed in the revenue portion of the budget. ACTION REQUIRED "" Approve the 200'1 On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Beer, On-Sale Wine, Club, and Therapeutic Massage Licenses for the businesses listed above. Respectfully submitted, (:>>O-.u.--. ;5~ Karen Finstuen Administrative Services Manager ~3/ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us COb TO: Mayor and Council ~~mbers, City Administrator S).. AI D Michael Schultz, Associate Planner YV' FROM: SUBJECT: Vacation of Main and Second Street right-of-ways and Drainage & Utility Easement located in Farmington City Center DATE: November 5, 2001 INTRODUCTION The Farmington HRA has petitioned the City to consider vacating the remainder of the Main Street and Second Street right-of-ways and also vacating the drainage & utility easement found on the north side ofthe Farmington City Center plat. DISCUSSION The petition requests to vacate the remaining portion of the Main Street right-of-way located directly west of the railroad right-of-way, the remaining portion of the Second Street right-of- way lying north of Main Street. The petition also requests to vacate the drainage & utility easement located just to the north of the previously vacated Main Street (see attached Farmington City Center plat). In 1974 the City Council approved a section of Second Street be vacated from Elm Street to an alley located between Elm and Main Street. The City Council in 1993 approved portions of Main Street, Second Street and alley rights-of-way be vacated as part of the initial City Center re-development project. In 1998 the City Council approved vacating the Main Street right-of- way lying east of the railroad to Third Street as part of the Eagle's Club project. Staff is recommending vacation of the subject rights-of-way and easement to clear the property for the future filing of a plat as part of continued re-development north of the original City Center area. BUDGET IMPACT There is no anticipated budget impacts for the vacations of the subject rights-of-way and easement. c:13~ ACTION REOUESTED Adopt the attached resolution vacating the remaining portion of Main Street lying west of the railroad right-of-way, vacating the remaining portion of Second Street lying north of the Main Street right-of-way and vacating the drainage & utility easement on the north end of the Farmington City Center plat. Michael Schultz Associate Planner cc: Tom Wartman o?39 RESOLUTION VACATING A PUBLIC STREET AND EASEMENT IN THE TOWN OF FARMINGTON 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 City Hall on the 5th day of November, 2001, at 7:00 P.M. The following members were present: The following members were absent: Member resolution: introduced and Member seconded the following WHEREAS, the City Council initiated a petition to vacate the following described public streets and easement: That part of Main Street, Town of Farmington, that lies west of the Canadian Pacific Railroad right-of-way and north of Lot 1, Block 1, Farmington City Center, according' to the recorded plat thereof and situated in Dakota County, Minnesota. ALSO That part of Second Street, Town of Farmington, that lies north of Lot 1, Block 1, Farmington City Center, and continuing north to a point ending at the Vermillion River, according to the recorded plat thereof and situated in Dakota County, Minnesota. ALSO That portion of the drainage & utility easement that lies in the north half of Lot 1, Block 1, Farmington City Center, according to the recorded plat thereof and situated in Dakota County, Minnesota. WHEREAS, a public hearing was held November 5, 2001, to consider the vacation of said streets and easement after proper publication and notification, at which time public comment was heard thereon; and WHEREAS, it is determined that said streets and easement are no longer necessary. dJY'O NOW, THEREFORE, BE IT RESOLVED, that the above described public streets and easement are hereby vacated. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of November, 2001. Gerald Ristow, Mayor Attested to this 5th day of November, 2001. Ed Shukle, City Administrator SEAL d'l( Proposed Vacation Locations of Main Street, Second Street and Draina e & Utilit Easement Approxi Drainag Farmington City Center I- en I- en ...... PINE ST ~ MAIN ST ELM ST s d. ~-=+~ ~;! ~ i ~ · ~! J!i i B h I i II e ... el ,. W ~ t!~ i j g i :; or;~ s; ; ~!!: i it; Il ! r" ; ~i. ! ~ o ~:,. ~ S; ~ i ~ It! 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(:j \ ~> \\ -'/': I \ I ~'C · ~C - I! ~ d \ !.' ,ji "rf-; - 1,'1 · · H \\ ~j: \ I ;~~ P :- - "'1;~" i,l: .- : ;' 1-1 I I~... _ ,I : 'I t.i r · J::! .> I ! r- I J (,') r_ Y .__...... ;:.~7. .::::: I: :'.. ._-.. .......0 '--~"I{.__. ......;;;;;-;.,;;::- ~: .~ ~ ~~,'U...' ~ ." [,j __';J _ .--.- '-' .1.S~:'=; --- - - - - - -... . ,.,:;:---- . ___ __ """ 0\.1-" -- _"''III Q ,,'t~ . . - - - - "I I --- -:::--- ':;'I"~r: - . 00;:--- ~ - . . '. .. I Coo..;:;Q;J.~ - ,'- . ".......- .:.-- 1-. ' 1"'_ 1..../ ':; ~'~I : ~8 I '" "...-.; ,_~ .-= ...,,,.,, ,..,l';'':;' l!..1"""\ I 1"."'1..,,,.. I 'r. ':;'V II i .11: .. "'i II ria 6 13 · :.J o U-J d -p ..- - .... c( c.i d I L - --- ~I il Ii :1 ~~-=- dl 133~lS-"~.''''''''- r - ,",I"V'.I":"~ C) ", --- Ll) "0 ~a I ... I I I I I I I L ,,~, r,./", '0 , '< I I .I I ~ ~... : dI~3 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O~ Mayor, Councilmembers, City Administratorf:' l TO: FROM: SUBJECT: DATE: Robin Roland, Finance Director September 2001 Financial Report November 5, 2001 INTRODUCTION Monthly financial reports are prepared for all departments in order to track revenues and expenditures as they compare to the annual adopted budget. Historically, a summary of this reporting has also been compiled for distribution to Department Heads and the City Administrator. Beginning with the. completion of the September 2001 report, staff will be submitting this report to the City Council as well. DISCUSSION The compiled report shows revenues by category for the General Fund and by fund level for the Special Revenue Funds and Enterprise Fund and expenditures by division for the General fund and at a fund level for Special Revenue and Enterprise funds. Comparisons to the annual adopted budget and the previous year's actual results are shown. ACTION REQUIRED For information only. ~j Robin Roland Finance Director oil '1'1 CITY OF FARMINGTON SUMMARY OF REVENUES AS OF SEPTEMBER 30, 2001 75.00 % Year Complete 2001 PERCENT 2000 PERCENT ITEMS BUDGET CURRENT VTD 2001 VTD 2000 $ $ % $ % GENERAL FUND Property Taxes 1 ,794,534 - 910,717 50.75 877,322 55.27 Licenses/Permits 809,175 69,384 715,609 88.44 625,266 80.50 Fines 55,000 10,439 64,965 118.12 49,497 70.71 Intergovernment Revenue 1 ,144,220 756 604,135 52.80 554,575 49.07 Charges for Service 209,000 61,107 113,201 54.16 169,545 60.96 Miscellaneous 234,000 16,268 174,367 74.52 144,767 57.86 Transfers 375,000 31 ,250 281 ,250 75.00 219,384 113.97 .. Total General Fund 4,620,929 189,204 2,864,244 61.98 2,640,356 61.62 SPECIAL REVENUE HRA Operating Fund 82,000 - 3,233 3.94 7,953 10.33 Police Forfeitures Fund 2,000 - 13,023 651.15 4,400 66.67 Recreation Operating Fund 288,057 9,576 141,680 49.18 105,665 94.64 Park Improvement Fund 102,000 3,232 88,193 86.46 71 ,257 39.92 ENTERPRISE FUNDS Ice Arena 203,000 5,451 105,11 0 51.78 107,894 49.33 Liquor Operations 2,356,500 196,331 1,749,981 74.26 1,627,214 77.30 Sewer 1 ,068,500 7,500 1,032,209 96.60 701,530 73.85 Solid Waste 1,220,000 297,085 886,606 72.67 802,253 79.04 Storm Water 225,000 50,986 175,718 78.10 163,320 108.88 Water 1,270,000 299,351 1,065,980 83.94 990,157 110.02 Total Revenues 8,854,486 811,399 6,187,255 69.88 5,427,065 70.15 dt/5 CITY OF FARMINGTON SUMMARY OF EXPENDITURES AS OF SEPTEMBER 30, 2001 75.00 % Year Complete 2001 PERCENT 2000 PERCENT ITEMS BUDGET CURRENT YTD 2001 YTD 2000 GENERAL FUND $ $ $ % $ % Legislative 82,556 10,590 48,763 59.07 37,594 52.79 Administration 290,036 24,723 234,279 80.78 210,556 72.88 Personnel 11 0,263 7,004 84,523 76.66 63,293 66.08 MIS 42,970 5,597 42,41 0 98.70 23,604 61.54 Elections 3,775 . 3,523 93.32 8,997 42.00 Communications 58,470 4,385 44,460 76.04 41,439 69.72 Finance 331,591 29,286 256,806 77.45 239,903 76.26 Planning/Zoning 129,571 11,132 98,333 75.89 87,439 72.41 Building Inspection 221,247 19,102 168,279 76.06 165,378 74.03 Community Development 91 ,933 6,005 60,305 65.60 62,319 74.89 Police Administration 308,430 30,203 223,589 72.49 198,547 74.37 Patrol Services 961,213 77,394 647,078 67.32 571 ,014 72.39 Investigation Services 81,362 7,074 58,781 72.25 50,351 69.01 Public Safety Programs 60,704 5,071 43,823 72.19 46,292 84.91 Emergency Management 11 ,400 617 14,597 128.04 264 18.86 Fire 293,577 18,971 155,456 52.95 138,221 52.61 Rescue 36,988 7,793 30,429 82.27 25,878 73.20 Engineering 242,481 24,495 177 ,592 73.24 141,492 71.47 G.I.S. 19,083 129 3,497 18.33 7,386 51.47 Streets 323,654 24,361 228,682 70.66 232,656 81.76 Snow Removal 70,843 401 61 ,062 86.19 32,900 56.58 Signal Maint 87,204 2,677 49,333 56.57 54,072 69.46 Fleet 72,873 8,085 57,266 78.58 41 ,285 70.24 Park Maint 240,557 20,496 237,584 98.76 182,109 79.03 Tree Maint 72,482 11,763 25,224 34.80 26,037 73.29 Building Maint 103,542 18,378 84,173 81.29 66,088 71.47 Senior Center - 0 0.00 55,135 68.32 Recreation 151,069 6,301 90,891 60.17 78,638 69.50 Pool - 0 0.00 106,927 96.30 Outdoor Ice 29,909 323 9,926 33.19 6,744 48.34 Transfers Out 110,707 8,857 83,030 75.00 15,007 75.04 Total General Fund 4,640,490 391,213 3,323,694 71.62 3,017,565 72.04 SPECIAL REVENUE HRA Operating 80,965 6,024 40,021 49.43 68,645 86.10 Police Forfeitures Fund 3,355 143 10,786 321.49 18,422 135.32 Recreation Operating Fund 281,860 19,794 237,707 84.34 98,254 88.00 Park Improvement Fund 50,000 90,218 128,61 0 257.22 47936 16.91 ENTERPRISE FUNDS Ice Arena 210,633 9,362 153,177 72.72 134,425 57.48 Liquor Operations 2,251,923 179,923 1,649,704 73.26 1,560,153 78.95 Sewer 869,291 57,622 654,583 75.30 707,903 74.04 Solid Waste 1,175,377 102,566 894,710 76.12 627,891 74.42 Storm Water 84,665 8,304 124,589 147.16 174,994 498.52 Water Utility 469,387 8,704 500,854 106.70 363 682 113.37 Total Expenditures 10,029,926 865,426 7,583,060 75.60 6,626,454 73.67 d t/ c:, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O/; SUBJECT: Mayor, Council Me~b(rs, City Administrator?" I Lee Smick, AICP . ~I f} Planning Coordinator P Consider Resolution - Meadow Creek 1 st Addition Final Plat TO: FROM: DATE: November 5, 2001 INTRODUCTION Progress Land Company has submitted the Final Plat for Meadow Creek 1 st Addition. The plat contains 35 single-family lots and 2 outlots bordering the northern property line of the Autumn Glen subdivision and the eastern border of Prairie Creek 3rd and 4th Additions. DISCUSSION The Developer is seeking Final Plat approval of the Meadow Creek 1 st Addition which consists of 35 single- family lots on approximately 159.35 acres of land. The Meadow Creek Preliminary Plat containing 178 single-family lots was approved by the Planning Commission on July 10, 2001 and by the City Council on August 20, 2001. State statute allows the Developer to reduce the final plat lot count provided that the final plat is a part of the approved preliminary plat lots. The Meadow Creek 1 st Addition Final Plat meets those requirements. Drainage Improvements for lots in the Prairie Creek 4th Addition A condition of the preliminary plat a~roval required that corrections and improvements to the grading and drainage problems in Prairie Creek 4 Addition be addressed and restoration of the affected properties be performed during the grading of the Meadow Creek project. A considerable amount of review pertaining to the improvements of the drainage problems for the lots in the Prairie Creek 4th Addition has been performed and approved by the Engineering Division and the grading and drainage problems will be addressed concurrently with the grading in the Meadow Creek I st Addition. The improvement plan proposes that all of the gradin~ work be contained within the platted 10-foot easement along the rear property lines in the Prairie Creek 4 Addition. The Developer will be required to notify property owners if the grading needs to be performed outside of the 10-foot easement. At the October 23, 2001 Planning Commission meeting, the Developer understood that no homes within the Meadow Creek 1 st Addition will be constructed until the grading and drainage work is resolved on the rear property lines of the lots in the Prairie Creek 4th Addition. ~t/] Outlots and Easements The plat shows 2 outlots, including Outlot A that encompasses a storm water management pond and Outlot B that encompasses the remainder of the plat. Easements are shown on the plat along rear lot lines in the southwest comer of the ISI Addition and along the southern boundary with Autumn Glen. A 20-foot easement is shown on Lots 3 and 4 in Block 2. Existing sheds that belong to properties in the Prairie Creek 3rd Addition are located within these easements and need to be removed from the easements by the property owners. The property owners will be notified of this requirement. A 40-foot easement is proposed along the rear lots lines adjacent to the Autumn Glen subdivision to allow for the existing berm and trees that run between Lots 6 to 19 in Block 2 of the Meadow Creek 1 sl Addition. Transportation The I sl Addition will be accessed from the west by Eaglewood Trail. The second access is Dunbury Avenue that is proposed to connect from the south through the Autumn Glen subdivision. Both roadways are proposed with a 70-foot right-of-way width and a 38-foot roadway measured from the face of curb to the face of curb and are proposed as minor collectors on the 2020 Thoroughfare Plan. The roadway connecting the two minor collectors is 190th Street and is proposed with a 60-foot right-of-way width and a 32-foot roadway measured from face of curb to face of curb. Engineering The Engineering Division has reviewed the Meadow Creek I SI Addition Final Plat and recommends approval contingent on the approval of the construction plans for grading, storm water and utilities. Planning Commission Meeting - October 23, 2001 The Planning Commission reviewed the final plat at their October 23, 2001 meeting and recommended approval of the Meadow Creek 1 SI Addition Final Plat ACTION REOUESTED Consider adoption of the resolution approving the Meadow Creek 1 sl Addition Final Plat contingent upon the following requirements: 1. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 2. Approval of the construction plans for grading, storm water, sanitary sewer and water utilities by the Engineering Division. 3. The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. :"', d s11?' Respectfully submitted, Me ;;d Lee Smick, AICP Planning Coordinator cc: Warren Israelson, Progress Land Company Bill Johnson, MW Johnson d?~7' RESOLUTION NO. - APPROVING FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT MEADOW CREEK 1ST ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 51h day of November, 2001 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of Meadow Creek 1 st Addition; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 10th day of July, 2001 preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the Meadow Creek 1 sl Addition Final Plat at its meeting held on the 10th day of July, 2001; and WHEREAS, the City Council reviewed the Meadow Creek Preliminary Plat on the 61h day of August: and WHEREAS, the City Council approved the Meadow Creek Preliminary Plat and resolution at its meeting held on the 20th day of August, 2001; and WHEREAS, the City Engineer has rendered an opinion that the final plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1) Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 2) Approval of the construction plans for grading, storm water, sanitary sewer and water utilities by the Engineering Division. 3) Reimbursement of City engineering, administrative and legal costs and expenses incurred by the City in connection with the plat. 4) The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of November, 2001. Gerald Ristow, Mayor Attested to the _ day of_. 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II __J L_ I.~ _.~ ~.P1- '~~ ~Oil 1.0 10 '" ....,....... ,!-1&U9:. r:' i;Ao.J.IS" ti] Cl '" " N g ... :... i!; .. " '" - Z " " r '" ~ Ii! \, ~ '" ::IC 1"1 !:I Col o ... Col N 0'05.010 2152.65 PRAIRIE CREEK FbURTHI ADDII1rON 364. ~ CD // / / / / // //' / / / / i ,/ '" GI "t' t ~ N O'OS'.oIO''W IOe City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: M C '1 b C' Ad . . ~.\ ayor, ounCl mem ers, lty mmlstrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - Meadow Creek First Addition Development Contract DATE: November 5,2001 INTRODUCTION The Development Contract for Meadow Creek First Addition lS forwarded herewith for Council's consideration. DISCUSSION The final plat for Meadow Creek First Addition was approved by the Planning Commission on October 23, 2001 and brought before the City Council on November 5,2001. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat; and d) The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the Meadow Creek First Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~m~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file ., RESOLUTION NO. R -01 APPROVING DEVELOPMENT CONTRACT MEADOW CREEK FIRST ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 5th day of November, 2001 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R 78-01, the City Council approved the Preliminary Plat of Meadow Creek First Addition; and, WHEREAS, pursuant to Resolution No. R -01, the City Council approved the Final Plat of Meadow Creek First Addition subject to the following conditions: a) Execution of a Development Contract between the Developer and the City of Farmingotn and submission of security, payment of all fees and costs and submission of all other documents required under the development contract. b) Approval of the construction plans for grading, storm sewer, sanitary sewer and water utilities by the Engineering division. c) Reimbursement of City engineering, administrative and legal costs and expenses incurred by the City in connection with the plat. d) The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the fmal plat. d) The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22,2000. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of November, 2001. Mayor Attested to this _ day of ,2001. SEAL City Administrator c?55 DEVELOPMENT CONTRACT AGREEMENT dated this 5th day of November, 2001, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Progress Land Company, Inc., a Minnesota corporation (DEVELOPER) and Builders Mortgage Company LLC, a Minnesota Corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Meadow Creek First Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat. d) the Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22,2000. 3. Development Plans and Rie:ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Deve10pment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security and fees have been received by the City, c) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 c25~ 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. ZonillluDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements. C.S.A.H 31 Assessments. and Lith?:ation Settlement. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. S505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. C.S.A.H 31 Assessments The parent parcels of Meadow Creek First Addition have been assessed for improvements to C.S.A.H. 31. The total levied assessment amount for the parcels is: Parcel Nos. 140130001475 140130001775 Total amount levied: $157,136.96 (through 12/31/01) 2 d57 A portion of the levied assessment plus interest becomes due with the final platting of Meadow Creek First Addition. The amount due with Meadow Creek First Addition will be calculated proportionally based on the area of Meadow Creek First Addition being developed in relation to the entire area of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of the parent parcel. The Developer may elect to pay the assessment in cash at the time of final plat approval or have it prorated and reassessed to the lots and blocks of Meadow Creek First Addition. If assessed, the assessments shall be spread over a lO-year period with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. Litifwtion Settlement. The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. Terms of that Agreement include: Upon execution of this development contract for the first phase the Development: (1) payment is due in the amount of$20,000 for unpaid costs associated with the development of Prairie Creek East and Prairie Creek Phases I through IV to the date of August 1, 2000 pursuant to Paragraph 6 of the Order of Dismissal agreement. (2) a principal payment of Fifty-six Thousand and No/100 ($56,000.00) Dollars is due, pursuant to Paragraph 2.a. of the Settlement Agreement for Lots 6, 7, 8,9,10, 11, 12, 15 and 16, Block 1, and Lots 1,3,4,5,6, Block 2, all in Prairie Creek 3rd Addition. (3) a letter of credit must be posted in a form acceptable to the City in an amount equal to the remaining principal balance of Two Hundred Forty-four Thousand and No/lOO ($244,000.00) Dollars plus the accumulated and unpaid interest to date and future interest on the unpaid balance calculated through June 30, 2003. The amount of the letter of credit including interest is $302,200. (4) payment in an amount equal to $244,000.00 times a fraction the numerator of which is the number of building permits issued for new homes in the first phase of this Development and the denominator is the total number of lots in the first phase of this Development (referred to as the "per lot principal payment"), together with interest from June 1,2000 to June 30, 2001 on the unpaid principal balance existing from time to time. 7. Time of Performance. The Developer shall install all required public improvements by September 2002 in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner 3 d5?r shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of$ 637.00 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapine:. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including finish grade on lots, will require a minimum of 4" of black dirt. The responsibility for the installation of black dirt shall not be transferred to homeowners. C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving, construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to 4 d5cr develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision ADDroval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of $ 59,170.00 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $45,000 will be given to the Developer for trunk improvements to Lake Julia as stipulated in the Litigation Settlement. The net result is a Surface Water Management Fee of$14,170. 16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of$ 24,409.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 18,200.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not out10ts) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitarv Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of$ 18,857.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $137,435.14 will be given to the developer for Trunk Sanitary Sewer oversizing in Prairie Creek 4th Addition. The result is a net credit of $118,578.14 which will be applied to future phases of the Development. 5 d~O 20. Park Dedication. The Developer shall pay a park dedication fee of $ 43,463.00 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 2,170.00 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of$ 1050.00 based upon the number of lots within the subdivision. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 1,064,127.00. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty- five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 129,600.00 $ 31,625.00 $ 94,875.00 $ 231,875.00 $ 165,750.00 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 7,000.00 $ 13,625.00 $ 36,250.00 $ 2,500.00 $N/A Litigation Settlement amount $302,200.00 Two Years Principal and Interest on Assessments $ 48,911.00 This breakdown is for historical reference; it is not a restriction on the use of the security. 6 d~1 27. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the c1aim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Existin2 Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 7 dc;~ D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of erosion control devices, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. In addition, building permits in the Development will not be issued until the drainage improvements adjacent to the Prairie Creek Development are completed and functional. F. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. H. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. I. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. J. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. K. The Developer shall obtain a Wetlands Compliance Certificate from the City. L. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this 8 d~3 security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. M. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 AM. until 7:00 P.M. 8:00 AM. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. N. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. O. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. P. Third parties have no recourse against the City under this contract. 33. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Warren Israelson Progress Land Company, Inc. 6001 Egan Drive Savage, MN 55378 (612)226-3201 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Edward Schukle, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 d~'1 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Edward Schukle, City Administrator DEVELOPER: Warren Israelson Progress Land Company, Inc. 6001 Egan Drive Savage, MN 55378 (612)226-3201 By: Its: Warren Israelson Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651)463-7111 10 dC,S STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Gerald Ristow, Mayor, and by Edward Schukle, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of ,20 by , the of Progress Land Company, Inc. a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 dt;r;, EXHIBIT" A" The Southeast Quarter of Section 13, Township 114, Range 20, Dakota County, Minnesota, except the easterly 50.00 feet of the southerly 950 feet thereof. And except that part lying within Meadow Creek First Addition and Autumn Glen First Addition, according to the recorded plats thereof, Dakota County, Minnesota. 12 O?~? /od City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Ed Shukle City Administrator SUBJECT: River Summit DATE: November 5, 2001 INTRODUCTION Attached is an invitation to attend the first annual "River Summit" to be held on Thursday, November 15,2001,8:30 a.m. until 11 :30 a.m. at the Science Museum of Minnesota. It is sponsored by the Volunteer Stream Monitoring Partnership. DISCUSSION Because ofthe location of the Vermillion River and its importance to Farmington, I think it would be a good idea to have representation at the conference. I have suggested that Lee Mann and Jim Bell attend. Depending on their schedules, one or both might go. You are certainly welcome to attend as well. We need to RSVP, ASAP. RECOMMENDATION F or information purposes only. Ed Sh e City Administrator d/C:,CO You are cordiall~ invited to the tirst annual Twin Cities KIVEKSUMMIT November 1 5, 2001 Science Museum ot Minnesota 5ringing together volunteer monitors, watershed stewards, natural resource professionals, and local decision-makers 8:)0 - 9:+5 Ted Mondale, Commissioner, Metropolitan Council Everett Law, Henr!:j High School student Casandra Champion, Metropolitan Council 10:00-1 1: )0 Watershed [)reakout Sessions for streams and rivers in the Twin Cities area - presentations b,y student and adult volunteers and professionals Flease R.SVF b,y November 1 to VSMF at 612-625-6781 orgulliool@umn.edu d~9 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /Oe TO: Mayor and Councilmembers FROM: Ed Shukle City Administrator SUBJECT: Annual League of Minnesota Cities (LMC) Policy Adoption Conference DATE: November 5,2001 INTRODUCTION Attached is information regarding the annual LMC Policy Adoption Conference. It is scheduled for Friday, November 16,2001,8:15 a.m. until 3:00 p.m., at the Four Points Sheraton (formerly Sheraton Midway). The purpose of the conference is to bring together members ofLMC to discuss proposed policies, developed by Policy Committees, for discussion before the 2002 Legislative Session. DISCUSSION This is a valuable conference. So much of what cities do is affected by the Minnesota State Legislature. The policies that are proposed reflect the thoughts, ideas and priorities of city officials from across the state. It is a unified effort to send the Legislature "one message" about what is important to cities. The conference allows for city officials to express themselves in representing city interests to the Legislature. If the proposed policies are not what cities want or believe to be a priority, it is an opportunity to present an alternative policy or to give the proposed policy a different priority rating. RECOMMENDATION For information purposes only. I would recommend that you consider attending. I am planning to attend. City Administrator cP')o City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us J/~ TO: Mayor, Councilmembers, City Administrator < \ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Set Workshop Date - Traffic Calming Methods DATE: November 5, 2001 INTRODUCTIONIDISCUSSION The City Council has previously indicated a desire to further discuss traffic calming methods, specifically, speed humps. The date for a workshop forwarded for consideration at this time is January 16,2002 at 7:00 p.m. BUDGET IMPACT None. ACTION REOUESTED Indicate the ability of the Council to meet on January 16, 2002 at 7:00 p.m. to discuss the referenced Issues. Respectfully Submitted, ~fr1~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file ~ //.6 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Council Members, City Administrator i.jyfJ" . . Lee Smick, AICP Planning Coordinato FROM: SUBJECT: Set Joint Workshop Date - Zoning Code Update DATE: November 5, 2001 INTRODUCTION The Planning Commission along with the consulting firm of Hoisington Koegler and staff have continued to review updates to the Zoning and Subdivision Codes. DISCUSSION The Planning Commission along with the consultant have requested the opportunity to meet and discuss with the City Council continued updates to the Zoning and Subdivision Codes. The proposed date for the joint workshop is scheduled for: Tuesday, November 27,2001 at 5:00 P.M. This joint meeting will provide a final review of both the Zoning and Subdivision Codes before the update is brought before the Planning Commission at their public hearing on December II, 2001. ACTION REOUESTED Indicate acceptance of the proposed Joint Workshop meeting date with the Planning Commission to discuss updates to the Zoning and Subdivision Codes. Respectfully submitted, /.~. ..:,) r-,J // / ,,/ ,&/ pi J-?/.././ ",fA i// l -c....--L '-' r-~./ Lee Smick, AICP Planning Coordinator 33~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /~a- TO: Mayor, Councilmembers, City Administrator). t FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 195th Street West, Middle Creek Trunk Sanitary Sewer and Water Main Extension - Feasibility Report DATE: November 5th, 2001 INTRODUCTION At the July 16, 2001 City Council meeting, the City Council ordered the preparation of a feasibility report for street and utility improvements requested by Independent School District 192. The subject improvements will serve the new elementary school site and other adjacent properties. DISCUSSION The attached report describes street and utility improvements that will serve the new elementary school and other properties west of the Charleswood Development. It is proposed that the street improvements and utility improvements be bid as two separate projects due to the different timing needs and financing methods being utilized for the street and utility improvements. The proposed improvements to 195th Street (County Road 64) 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 improvements to 195th Street will be in accordance with County standards. The proposed project provides for a 24-foot wide bituminous surface with shoulders and left and right turn lanes at the school access. The proposed design essentially builds the middle two-lanes of the future four-lane County road. The County has agreed to include their portion of the funding (55% of the project costs) for the 195th Street project in their program for 2003 (see attached letter). An agreement specifying the terms of the project between the City and the County will need to be drafted and executed before awarding the contract for the 195th Street project. The trunk utility project would extend trunk sanitary sewer from the southwestern corner of the Charleswood development to the north side of 195th Street. A trunk water main loop would be completed from the southwestern corner of the Charleswood development to an existing main at the southwest corner of the Troy Hills development. The improvements, as proposed, are in accordance with the City's comprehensive utility plans. 33/ BUDGET IMPACT The estimated project costs and cost allocations are summarized in the following table. Project Cost Allocations Project Total Cost Dakota County City Assessed 19Sth Street Project Street Improvements $563,100 $309,700 $99,200 $154,200 Culvert Improvements $357,900 $196,900 $161,000 Totals $921,000 $506,600 $260,200 $154,200 Trunk Utility Project Trunk Sanitary Sewer $295,000 $295,000 Trunk Water Main $298,000 $286,000 $12,000 Totals $593,000 $581,000 $12,000 The 195th Street project costs will be split between Dakota County, the City and the benefiting properties adjacent to the roadway. Dakota County has indicated that the 195th Street project will be included for funding in their CIP for 2003. The City would bond for the improvement costs in 2002 and be reimbursed for the County's portion in 2003. The benefiting properties adjacent to the 195th Street improvements would be assessed for their portions of the project costs. The development contract for the school project stipulates the school district's participation in the project costs. The remaining benefiting properties will be assessed for their portion of the project costs through the M.S. 429 process. The costs for the trunk sanitary sewer and water main would be, for the most part, financed from the City's Trunk Sewer and Water funds. A small percentage of the water main costs are attributed to and will be allocated to the new elementary school for improvements related to their water service. Staff is currently in process of starting negotiations for the easements and right-of-way needed for the projects. These costs will be brought to Council for review when settlement amounts are ready to be forwarded. The Finance Director has indicated that the City has the funds to finance these projects as outlined above. ACTION REOUESTED 1. Adopt the attached resolution accepting the feasibility report and calling for a public hearing for the 195th Street West project. 2. Adopt the attached resolution accepting the feasibility report, ordering the project and authorizing the advertisement for bids for the Middle Creek Trunk Sanitary Sewer and Water Main Extension project. The report will be brought to the Water Board for their review and ordering of the water system improvements at the November 26,2001 Water Board meeting. 33~ Respectfully submitted, ~)n~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file 33'7 RESOLUTION NO. R - 01 Accepting Feasibility Report and Calling for Public Hearing Project 01-16, 19Sth Street - West Extension 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 5th day of November at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a resolution of the City Council adopted the 16th day of July 2001 a report has been made by the City's Consulting Engineer with reference to the following improvement: Proi. No. DescriDtion Location 01-16 19Sth Street - West Extension From Flagstaff Avenue to the existing pavement west of Pilot Knob Road. ; and, WHEREAS, this report was received by the City Council on November 5th, 2001; and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report and should best be made as proposed. 2. Council accepts said report. 3. A public hearing shall be held on such proposed improvement on the 17th day of December, 2001, in the Council Chambers at City Hall at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvements as required by law. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of November, 2001. Mayor day of November, 2001. Attested to the City Administrator SEAL S:lresolutions\200 1 \195th st west accept feas ph 11050 I.rtf 39'0 RESOLUTION NO. R -01 Accepting Feasibility Report, Ordering Improvement Project, Authorizing Preparation of Plans and Specifications and Authorizing Advertisement for Bids for Project 01-17, Middle Creek Trunk Sanitary Sewer and Water Main Extension 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 5th day of November 2001 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a resolution of the City Council adopted the 16th day of July, 2001 a report has been made by the City's Consulting Engineer with reference to the following improvement: Proi. No. 01-17 Description Extend trunk sanitary sewer Location From the southwest comer of the Charleswood development to the north side of 195th Street. Complete trunk water main loop From the southwest comer of the Charleswood development to an existing main at the southwest comer of the Troy Hill development. WHEREAS, this report was received by the Council on November 5th, 2001; and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report, and the improvement should be made as proposed and not in connection with any other improvement. 2. Council accepts said report. 3. Such improvement is hereby ordered as proposed in the Council resolution adopted the 5th day of November 2001. 4. Plans and specifications shall be prepared by Glenn Cook, P .E., engineer for such improvement. The City Clerk shall prepare and cause to be inserted in the Farmington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvement under the approved plans and specifications. The advertisement shall be published no less than two weeks before the last day for submission of bids in the Farmington Independent and at least once in the Construction Bulletin. The advertisement shall specify the work to be done, shall state that the bids \\FARM_FSl\CITYWIDE\resolutions\2001\Middle Creek ext accept feas order project & bid II0501.doc Page 1 of2 3c;/ will be opened for consideration publicly on the advertised day in the Council Chambers of the City Hall by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the Council, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of each bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of November 2001. Mayor Attested to the day of ,2001. City Administrator SEAL \\F ARM _ FS I \CITYWIDE\resolutions\200 I \Middle Creek ext accept feas order project & bid 11050 I.doc Page 2 of2 .3$67 ~~ Highway Department Donald J. Theisen. P.E. County Engineer August 8, 2001 Dakota County Western Service Center 14955 Galaxie Avenue 3rd Floor Apple Valley, MN 55124-8579 Lee Mann, P.E. Director of Public Works/City Engineer City of Farmington 325 Oak Street Farmington, MN 55024 952.891.7100 Fax 952.891.7127 www.co.dakota.mn.us Dear Mr. Mann: On July 26, 2001, we met and discussed the New Farmington Elementary School on 1951h Street (County Road 64). This letter is to confirm that both agencies have the same understanding of that meeting. This roadway shall be designed and constructed to meet State-Aid standards for a rural section roadway. The curve at Flagstaff shall be eliminated and replaced with a 90- degree intersection. The current bridge may not meet the standards for width, this could require the bridge to be replaced with this project. Dakota County has agreed to participate in 55% of the project from the current bituminous surface to Flagstaff. The City of Farmington has expressed desire to build this in 2002. Our current 2002 CIP is over programmed; therefore this project will be placed in the 2003 CIP. At this time we cannot commit to any extra funds available in 2002. If you have any questions, feel free to contact me at 952-891-7104. Sincerely, 1..... Kristine M. Vieth, P.E. Program Engineer ft "01 Printed on recycled paper with 30% post.-consumer waste. AN EQUAL OPPORrur.rTY Ef"FlOYER G:\Adminislration\Letters\200 1 Letlers\LeeMann.doc ..3 $"'3 Feasibility Report for 195th Street - West Extension File No. 141-01-156 Middle Creek Trunk Sanitary Sewer and Water Main Extension File No. 141-01-155 Farmington, Minnesota November 2001 3$"$1' ~ Bonestroo _ _ Rosene ~ Anderlil< & . \J. Associates Engineers & Architects October 31, 2001 Bonestroo, Rosene, Anderlik and Associates. Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo. PE. . Marvin lo Sorvala. P.E. . Glenn R. Cook. PE. . Robert G. Schunichl. PE. . Jerry A. Bourdon. PE. Senior Consultants: Robert W. Rosene. P.E. . Joseph C Anderlik. PE. . Richard E. Turner. PE. . Susan M. Eberlin. CPA. Associate Principals: Keith A. Gordon. PE. . Robert R. Pfefferle. PE. . Richard W. Foster. PE. . David O. Loskota. PE. . Mark A. Hanson. PE. . Michael T. Rautmann. PE. . Ted K. Field. PE. . Kenneth P Anderson. PE. . Mark R. Rolfs. PE. . David A. Bonestroo. M.B.A. . Sidney P Williamson. PE.. loS. . Agnes M. Ring. M.B.A. . Allan Rick Schmidt. PE. . Thomas W. Peterson. PE. . James R. Maland. PE. . Miles B. Jensen. PE. . L. Phillip Gravel III. PE. . Daniel J. Edgerton. PE. . Ismael Martinez. PE. . Thomas A. Syfko, PE. . Sheldon J. Johnson. Dale A. Grove. PE. . Thomas A. Roushar. PE. . Robert J. Devery. PE. Offices: SI. Paul, SI. Cloud. Rochester and Willmar. MN . Milwaukee. WI . Chicago. IL Website: www.bonestroo.com Honorable Mayor and City Council City of Farmington 325 Oak Street Farmington, MN 55024 Re: 195th Street Improvements & Middle Creek Trunk Sanitary Sewer and Water Main Extension Our File No. 141-01-156 Dear Mayor and Council: Enclosed for your review is our 195th Street Improvements & Middle Creek Trunk Sanitary Sewer and \Vater Main Extension Project Report. The project will provide municipal utilities and streets for the New Farmington Elementary School. The project will extend trunk facilities frorn.the southwestern corner of the Charleswood development to the north side of 195th Street.~ The existing gravel portion of 19Sth Street will be improved westerly to Flagstaff Avenue with this project as well. This report describes the improvements necessary to provide municipal utilities and streets as per the city comprehensive plan. Cost estimates for the proposed improvements are presented in the appendices. We would be pleased to meet with the City Council and Staff to discuss our report at any mutually convenient time. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. ~ -rc/ Darren T. Amundsen, P .E. I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of ~~If-~ Glenn R. Cook, P.E. Date: October 30. 200 I Reg. No. 9451 2335 West Highway 36 · St. Paul, MN 55113. 651-636-4600 . Fax: 651-636-1311 3-;/5 Table of Contents Page No. Letter of Transmittal 1. Table of Contents 2. Introduction 3. Discussion 3. Cost Estimates 5. Project Financing 6. Conclusions and Recommendations 7. Figure 1 - Location Plan Figure 2 - Typical Sections Figure 3 - 195th Street Improvements Figure 4 - Utility Improvements Figure 5 - Street Right-of-Way and Easements Figure 6 - Trunk Sanitary Sewer and Water Main Easements Appendix - Cost Estimates 19Sth Street Improvements & Middle Creek Trunk Sanitary Sewer and Water Main Extension 2 3 </ G;; Introduction This report describes street and utility improvements that will serve properties west of the Charleswood Development (see Figure 1 for project location). The proposed improvements would be made to 195th Street (County Road 64) in cooperation with Dakota County from Flagstaff Avenue easterly, to the existing pavement west of Pilot Knob Road (see Figure 3). Trunk sanitary sewer is proposed to be extended from the southwestern comer of the Charleswood development to the north side of 195th Street. A trunk water main loop is proposed to be completed from the southwestern comer of the Char1eswood development to an existing main at the southwest comer of the Troy Hills development. It is proposed that the street improvements and utility improvements be bid as two separate projects due to the timing needs and financing methods being utilized for the improvements. Discussion Background The upgrade to 195th Street (County Road 64) will be accomplished in cooperation with Dakota County. County Road 64 has been identified as a future minor arterial. The extension of trunk sanitary sewer and water main would be a separate, solely city, project. Independent School District 192 has requested the improvements outlined in this report, as they are necessary to service the new elementary school being constructed west of the Charleswood development. Dakota County Road 64 Design Considerations 195th Street (County Road 64) in the project area is currently a gravel road. The 195th Street design criteria meet County road standards. Figure 2 shows the proposed typical sections. County Road 64, in the future, is proposed to be a four-lane undivided roadway. The proposed project provides for a 24-foot wide bituminous surface with shoulders and left and right turn lanes at the school access. The current two-lane design essentially builds the middle two-lanes of the future four-lane County road. When the road is widened in the future, the additional lanes and turn lanes can be added to the outside of the roadway. Because of the future expansion, concrete curb and gutter will not be installed with this project. The road design will, by necessity, meet County requirements as well as minimize fill, easements, and wetland impacts. Street and Drainage Improvements The existing and proposed 195th Streets are both rural sections utilizing ditches and culverts to convey storm water to Middle Creek. The existing road crosses Middle Creek on an old wooden bridge, which is proposed to be replaced with three box culverts. The school site is designed to convey, store, and treat its' storm water on-site. The existing 19Sth Street pavement ends approximately half way between Pilot Knob Road and Flagstaff Avenue. The existing graveled portion of the roadway varies in width from 30 to 40 feet. This project will improve the existing gravel portion of the roadway. 195th Street Improvements & Middle Creek Trunk Sanitary Sewer and Water Main Extension 3 3Y)> The road will be raised in areas and lowered in areas to meet the county road design criteria. The proposed project would construct the middle two lanes of the future four-lane roadway. Turn lanes will be provided to the school entrance. Provisions have been made to provide a future turn lane to the north, opposite the school entrance which could be accomplished with minor roadway re-striping. See Figure 3 for the proposed street improvements. Sanitary Sewer and Water Main The proposed sanitary and water main improvements are shown on Figure 4. The trunk sanitary sewer will extend the Middle Creek Trunk sewer line to the north side of 195th Street. The existing trunk line terminates near the southwest comer of the Charleswood development and is proposed to run northwesterly across the school development until it reaches Middle Creek. The sewer will then parallel the creek terminating on the north side of 195th Street. This sewer alignment accomplishes target locations and elevations described in the Farmington Comprehensive Sewer Policy Plan and the Middle Creek Area Trunk Sanitary Sewer Improvements Report. The utility project will also complete a portion of the Farmington trunk water system. The new 16-inch water main will connect the trunk line located at the west end of 200th Street to a trunk line at the southwest comer of the Troy Hill Development. The water main will parallel the trunk sewer through the school property as shown in Figure 4. Water service connections will also be provided to the school in two places (see Figure 4). Right-of-Way and Easements Easements will be required for the road and utility construction. Grading and drainage easements are required on both the north and south side of 19Sth Street. An easement is necessary for the trunk water main at the southeast part of the project. The school district has provided easements for the sanitary sewer and water main through their property. The utility easements are shown in Figure 6. The school has also dedicated the full 60 feet of right-of-way for 195th Street along the school property on the south side of the road. It is recommended that the City consider obtaining the full 60 feet of right-or-way on the north side of the road at this time to accommodate the road design and utility placement. Right-of-way and easement cost estimates are not presented in this feasibility report in order to avoid influencing the negotiations for acquisition. 195th Street Improvements & Middle Creek Trunk Sanitary Sewer and Water Main Extension 4 ...3 t./ 13' Cost Estimates The project costs for these improvements are outlined in this section. The itemized cost estimates are provided in the appendix. Cost estimates for this report are based on 2001 construction costs and can be related to the October, 2001 ENR Construction Cost Index of 6397. A summary of the estimated costs for the proposed improvements is presented below. The estimated costs presented include 10% for contingencies and 27% for engineering, legal and administration. The estimated project costs do not include costs for easement or right-of-way acquisition. Estimated Project Costs Improvement Total Estimated Pro.iect Cost 195th Street $921,000 Trunk Sanitary Sewer $295,000 Trunk Water Main $298.000 $593,000 195th Street Improvements & Middle Creek Trunk Sanitary Sewer and Water Main Extension 5 3$19 Project Financing The project costs will be allocated and financed according to City policies. The 195th Street project costs will be split between Dakota County, the City and the benefiting properties adjacent to the roadway. Dakota County has indicated that the 195th Street project will be included for funding in their CIP for 2003. The City would bond for the improvement costs in 2002 and be reimbursed for the County's portion in 2003. An agreement between the City and County for the improvements to 19Sth Street should be executed prior to award of contract for the project. The benefiting properties adjacent to the 19Sth Street improvements would be assessed The costs for the trunk sanitary sewer and water main would be, for the most part, financed from the City's Trunk Sewer and Water funds. A small percentage of the water main costs are attributed and allocated to the new elementary school for improvements related to their water servIce. Project Cost Allocations Project Total Cost Dakota County City Assessed 19Sh Street Project Street Improvements $563,100 $309,700 $99,200 $154,200 Culvert Improvements $357,900 $196,900 $161,000 Totals $921,000 $506,600 $260,200 $154,200 Trunk Utility Project Trunk Sanitary Sewer $295,000 $295,000 Trunk Water Main $298,000 $286,000 $12,000 Totals $593,000 $581,000 $12,000 195th Street Improvements & Middle Creek Trunk Sanitary Sewer and Water Main Extension 6 350 Conclusions and Recommendations The proposed improvements in this report are feasible and cost-effective as they relate to general engineering principals and construction procedures. The feasibility of this project as a whole is subject to a financial review. The proposed improvements are necessary to Erovide access to ongoing and future development east of Akin Road in the project area. 195 Street has been identified as a future east-west Dakota County transportation corridor. Based on information contained in this report, it is recommended that: 1. That this report be adopted as the guide for the street extension and described utilities. 2. That the City conduct a legal and fiscal review of the proposed project. 3. The following tentative schedules are implemented for the projects*: 19Sth Street 1m rovements Acc t Feasibilit R ort, Schedule Public Hearin Meet with benefitin ro ert owners Hold Public Hearing, Order Project, Approve Plans and S ecifications and Authorize advertisement for Bids *Bid Date * Acc t Bids - Award Contract *Be On Construction *Com lete Construction November 5, 2001 Week of December 10, 2001 December 17,2001 March 2002 March 2002 Ma 2002 Au st 2002 Trunk Utili 1m rovements Accept Feasibility Report, Order Project, Authorize preparation of Plans and S ecifications, Authorize Advertisement for bids *Bid Date * Acc t Bids - Award Contract *Be . n Construction *Com 1ete Construction November 5,2001 ,2002 ,2002 Febru , 2002 Jul , 2002 *The construction scheduling of the project is dependent on the timing of the easement and right- of-way acquisition. 195th Street Improvements & Middle Creek Trunk Sanitary Sewer and Water Main Extension 7 36/ -1r-- PROJEdf= LOCA TI(DN Ii Ii --r~~il--- !--~I ____L____~~ /,-/ ~1~ j ~'I!" -......- ,:! 5":; I! Ii ----I~- __i i I " 1-1 P .[ i ! ~ ~ --> ~ H I!ll!l > > > > u u "''' ; , ___l__d________ ---'--'-11 l:;] i"--N jiul .~u. /.L . A' . Ii !i >::'::/[/. I , ! /;::::::: : !;::-;:'/ ., I i ~1==:::~:;~~/./~1~- \ \ I, r-t........ _/;:::::::.-- i . jl II /;.::;/ .!!J 1/ I o 1/2 mi. 1 mi. I I Scale in feet i ! I ~ , i I I I ~---- Ii I! ................................................,............._..-1 i --...-......----1 I i u FARMINGTON, MINNESOTA 195th STREET IMPROVEMENTS AND MIDDLE CREEK SANITARY SEWER AND WATER 14101156R01.DWG 8/06/01 14101155 FIGURE 1 ~ Bonestroo Rosene G Anderlik & . \J. Associates Engineers & Architects LOCATION PLAN MAIN IMP. c36;;( XI STING ROW 60' SECTION UNE- /EXISTlNG CENTERUNE Cf. 33' EXISTING ROW 60' FUlURE ROW 8' 12' 4' 12' 8' 8' ---------1 I I I I I 2' 3:1 MAX 2.00" - ~ 16" CLASS 5 AGGREGATE SHOULDER (100" CRUSHED) 1 1/2" BITUMINOUS WEAR COARSE (MVWE35035C) 2 1/2" BITUMINOUS BASE COARSE (LVNW35030C) 12" CLASS 5 AGGREGATE BASE (100" CRUSHED) 24" SELECT GRANULAR MATERIAL TYPICAL SECTION WITH TURN LANE EXISTING ROW VARIES 33' TO 60' SECTION UNE- /EXISTlNG CENTERUNE ~ 33' 8' 12' 12' 8' 8' EXISTING ROW -------1 I I I I I 60' FUlURE ROW 2' 3: 1 MAX 2.00" - ~ 16- CLASS 5 AGGREGATE SHOULDER (100" CRUSHED) 1 1/2" BITUMINOUS WEAR COARSE (MVWE35035C) 2 1/2" BITUMINOUS BASE COARSE (LVNWJ50JOC) 12" CLASS 5 AGGREGATE BASE (100" CRUSHED) 24" SELECT GRANULAR MATERIAL TYPICAL SECTION FARMINGTON, MINNESOTA FIGURE 2 195TH STREET IMPROVEMENTS AND MIDDLE CREEK SANITARY SEWER AND WATER MAIN IMP. 14101156R03.DWG 8/06/01 14101156 . f1. 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Appendix 195th Street Improvements & Middle Creek Trunk Sanitary Sewer and Water Main Extension 3S'<ft 195th Street Improvements PRELIMINARY COST ESTIMATE APPENDIX COST ESTIMATES City of Farmington 195th Street Improvements FILE NO. 141-01-156 ITEM Mobilization T rafflc Control Clear and grub Remove Wood Bridge 8'x8' box culvert 8' x 4' box culvert 8' x 8' end section 8' x 4' end section 15" RCP culvert 24" RCP culvert 15" flared end section w/trash guard 24" flared end section w/trash guard Common excavation Common borrow Subgrade prep Geotextile Fabric Select granular borrow Class 5 aggregate base, 100% crushed L V3 bituminous base MV3 bituminous wear Bituminous material for tack coat 4" solid line, white epoxy 4" solid line, yellow epoxy 24" solid line, yellow epoxy Sign panel, Type C Heavy duty silt fence Wood fiber blanket Sod Seed w/mulch Total Construction Cost UNIT LS LS LS LS LF LF EA EA LF LF EA EA CY CY SY SY CY CY TN TN GAL LF LF LF SF LF SY SY AC ESTIMATED QUANTITY 1 1 1 1 120 440 2 4 300 100 6 2 6100 5500 9000 9000 7000 4000 800 1300 425 6300 8000 225 30 4400 5000 1000 4 UNIT PRICE $ 15,000.00 $ 5,000.00 $ 2,000.00 $ 7,500.00 $ 600.00 $ 400.00 $ 1,500.00 $ 1,300.00 $ 22.00 $ 40.00 $ 800.00 $ 1,200.00 $ 4.00 $ 6.00 $ 1.00 $ 1.50 $ 12.00 $ 18.00 $ 33.00 $ 35.00 $ 2.00 $ 0.50 $ 0.50 $ 5.00 $ 25.00 $ 2.50 $ 4.00 $ 2.50 $ 1,000.00 10% Contingency Subtotal 27% Engineering, Legal, Administration Total Estimated Cost ESTIMATED COST $ 15,000.00 $ 5,000.00 $ 2,000.00 $ 7,500.00 $ 72,000.00 $ 176,000.00 $ 3,000.00 $ 5,200.00 $ 6,600.00 $ 4,000.00 $ 4,800.00 $ 2,400.00 $ 24,400.00 $ 33,000.00 $ 9,000.00 $ 13,500.00 $ 84,000.00 $ 72,000.00 $ 26,400.00 $ 45,500.00 $ 850.00 $ 3,150.00 $ 4,000.00 $ 1,125.00 $ 750.00 $ 11,000.00 $ 20,000.00 $ 2,500.00 $ 4,000.00 $ 658,675.00 $ 65,867.50 $ 724,542.50 $ 195,626.48 $ 920,168.98 3.5'7 Middle Creek Trunk Sanitary Sewer and Water Main Extension FILE NO. 141-01-155 Trunk Sanitary Sewer PRELIMINARY COST ESTIMATE ESTIMATED UNIT ESTIMATED ITEM UNIT QUANTITY PRICE COST Connect to existing manhole EA 1 $ 3,000.00 $ 3,000.00 18" PVC sanitary sewer 10' to 15' deep LF 2250 $ 50.00 $ 112,500.00 18" PVC sanitary sewer 15' to 20' deep LF 515 $ 55.00 $ 28,325.00 18" PVC sanitary sewer 20' to 25' deep LF 265 $ 60.00 $ 15,900.00 18" PVC sanitary sewer 25' to 30' deep LF 265 $ 70.00 $ 18,550.00 24" casing LF 100 $ 80.00 $ 8,000.00 4' dia sanitary sewer manhole EA 10 $ 1,600.00 $ 16,000.00 Manhole overdepth LF 80 $ 100.00 $ 8,000.00 18" plug EA 1 $ 500.00 $ 500.00 Total Construction Cost $ 210,775.00 10% Contingency $ 21,077.50 Subtotal $ 231,852.50 27% Engineering, Legal, Administration $ 62,600.18 Total Estimated Cost $ 294,452.68 Trunk Water Main PRELIMINARY COST ESTIMATE ESTIMATED UNIT ESTIMATED ITEM UNIT QUANTITY PRICE COST 16" DIP water main LF 4830 $ 35.00 $ 169,050.00 8" DIP water main LF 150 $ 24.00 $ 3,600.00 6" DIP water main LF 20 $ 20.00 $ 400.00 6" gate valve EA 2 $ 700.00 $ 1,400.00 8" gate valve EA 2 $ 850.00 $ 1,700.00 16" butterfly valve EA 5 $ 2,500.00 $ 12,500.00 16" x 16" cross EA 2 $ 1,800.00 $ 3,600.00 16" x 8" tee EA 2 $ 1,370.00 $ 2,740.00 16" x 6" tee EA 2 $ 1,330.00 $ 2,660.00 16" 11 .25 deg bend EA 2 $ 910.00 $ 1,820.00 16" 22.5 deg bend EA 1 $ 910.00 $ 910.00 16" 45 deg bend EA 1 $ 900.00 $ 900.00 8" plug EA 2 $ 140.00 $ 280.00 16" plug EA 4 $ 420.00 $ 1,680.00 Hydrant EA 2 $ 1,650.00 $ 3,300.00 6" Mega lugs EA 4 $ 40.00 $ 160.00 8" Mega lugs EA 7 $ 6.00 $ 42.00 16" Mega lugs EA 32 $ 200.00 $ 6,400.00 Total Construction Cost $ 213,142.00 10% Contingency $ 21,314.20 Subtotal $ 234,456.20 27% Engineering, Legal, Administration $ 63,303.17 Total Estimated Cost $ 297,759.37 3~O