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HomeMy WebLinkAbout07.16.01 Council Packet COUNCIL MEETING REGULAR July 16, 2001 ~. 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS (Open for Audience Comments) a) Nelsen Hills Twin Homes Grading Concerns 7. CONSENT AGENDA a) Approve Council Minutes (6/18/01) (Regular) (6/26/01) (Special) (6/27/01) (Special) b) Approve Lease Contract Public Facilities - Finance c) Appointment Recommendation - Community Development d) Capital Outlay - Police Department e) Capital Outlay - Parks and Recreation f) Consider Resolution - Approve Gambling Event Permit - Dakota Electric - Administration g) Consider Resolution - Approve Gambling Premises Permit - Eagles Club - Administration h) Customer Service Response Report - Administration i) Donation Ramble Amble - Parks and Recreation j) Quarterly Building Permit Report - Community Development k) Schools and Conferences - Finance 1) Schools and Conferences - Public Works m) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Vermillion Grove Wetland Alteration Permit - Community Development b) Request for Plat Filing Extension - Vermillion Grove - Community Development c) Annexation Petition - William Adelman Property - Community Development d) Consider Ordinance - Rezoning Benham Property A-I to B-1 - Community Development e) Trunk Hwy 3 Bridge Funding Considerations - Engineering f) Consider Resolution - ISD 192 - Request for Improvements - Engineering g) Consider Resolution - Middle Creek 3rd Addition Development Contract- Engineering Action Taken Authorized Approved Tabled Approved Information Received Information Received R64-01 R65-01 Information Received Approved Information Received Information Received Information Received Approved Approved Approved Petition Denied R66-01 Ord 001-466 Authorized R67-01 R68-01 11. UNFINISHED BUSINESS a) Akin Road -'Speed Study Timing - Engineering 12. NEW BUSINESS a) Accept Resignation Heritage Preservation Commission - Administration b) Consider Surfacing of Outdoor Rink Middle School - Parks and Recreation c) Fiber Optic Cabling Connections Downtown City Facilities - Finance 13. COUNCIL ROUNDTABLE 14. ADJOURN Study Conducted Before and After ,.A Accepted Approved Approved 100- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator W Tim Gross, Assistant City Engineer ~ FROM: SUBJECT: Kelly Canada - Nelsen Hills Townhomes Grading Concerns DATE: July 16, 2001 INTRODUCTION At the June 18th, 2001 council meeting, Mr. Al Larson, speaking on behalf of Kelly Canada and the other residents of Nelsen Hills Townhomes, voiced four major areas of concern with the properties at Nelsen Hills Townhomes. The issues include unsatisfactory grading, the request for a retaining wall along Pilot Knob Road, the repair of a boulder retaining wall, and landscaping and sodding of all areas of concern over the whole of the common area. DISCUSSION Grading Issues, Landscape Repair and Sodding The issues at Nelsen Hills Townhomes were originally brought to the attention of City staff in late April of this year. On May 2nd, a stop work order was issued for the property at 18590 Euclid Path for performing work without a permit. This property is the last of the townhomes within this development that has not yet been sold. A meeting was held on May 22nd, 2001 with the builder Siska Group and City staff, and a letter was presented to him outlining the issues that needed correction. A copy of the letter is attached for your review. At that meeting, Siska Group agreed to correct all of the problems that were identified in the meeting and outlined in the May 22nd letter from the City. At the meeting the City agreed to release the stop work order under the conditions that the builder pull appropriate building permits and that he submit a schedule as to when the problems within the development would be corrected. The City received a letter from Siska Group dated May 29th, 2001 outlining the schedule of work, addressing and agreeing to correct each issue. A copy of this letter is attached. A building permit was issued to Siska Builders for a basement finish on May 29th and the stop work order was released per the agreement. Another Stop Work Order was issued for 18590 Euclid Path on June 19th. The scheduled dates for completing the work had come and gone and numerous phone calls to the builder and landscaper had failed to prompt a response. In addition, the builder was performing work on portions of the home for which he did not have a permit. Upon the issuance of this Stop Work Order, a letter was drafted and sent to Siska Group via certified mail detailing the reasoning for the Stop Work Order and implementing a deadline of June 29th, 2001 for the corrections to be completed. As requested in the May 22nd letter from the City, a letter was received from a landscape architect dated June 21 S\ 2001 suggesting improvements to the retaining wall at 18590 Euclid Path and certifying its structural integrity. Staff met with the landscaper on Tuesday, June 26th to discuss how the retaining wall at 18590 Euclid would be repaired. Staff also met with the grading contractor on that Tuesday to review the areas that needed grading. The landscaper began work on the retaining wall on Friday, June 29th. The retaining wall was left in a half completed state and no further work has been done as of the date of this letter. The grading contractor began and completed rough grading on Friday, July 6th. Staff does not have a schedule for sodding at this time. Because of the delay in performing the necessary work and as a final effort to initiate cooperation on the part of the builder, Staff forwarded an escrow agreement to Siska Group on Monday, July 2nd, 2001. A copy of the included letter and the escrow agreement are attached for your review. As stated in the escrow letter, if the completed agreement and escrow funds in the amount of $23,000 were not returned to the City by Wednesday, July 11th, 2001, the City would need to take further action. After numerous phone calls to Siska Group, the City has received no response to this letter or the escrow agreement. Retaining Wall Along Pilot Knob Road The slope between the properties of Nelsen Hills Townhomes and Pilot Knob Road was graded by the developer as part of the original grading of Nelsen Hills Townhomes Development to allow for the Pilot Knob Road Reconstruction in 1999. This slope was shown in the original grading plan of Nelsen Hills. No retaining wall was proposed as part ofthe original plan. BUDGET IMPACT The City currently holds $7,000 in grading & as-built sureties from the builder. The total cost to complete the grading issues is estimated to be approximately $11,000. The additional $4000 would come from the Private Capital Improvement Fund. ACTION REQUESTED Authorization to use City funds to complete the necessary grading and sodding issues at Nelsen Hills Townhomes. Further authorize staff to consider action to recoup costs for the work from the builder. Respectfull y submitted, ~~ Tim Gross ~ Assistant City Engineer cc: Residents of Nelsen Hills Townhomes City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmin2t:on.mn.us Monday, May 21,2001 Tim Burnham Siska Group P.O. Box 270370 Vadnais Heights, MN 55117 RE: Nelsen Hills Townhomes Dear Mr. Burnham: There are a number of issues that are outstanding as part of the Nelsen Hills Townhomes development. Please provide a schedule to City Staffby Tuesday, May 29th, 2001, of when and how the following issues are going to be addressed: . As-built surveys have not been submitted for 18590, 18588, 18576, and 18584 Euclid Path and need to be submitted. Water is standing in the backyard of 18562 and 18568 Euclid Path. The site has not been final graded over the entire common area and there are multiple depressions that hold water. The entire site needs to be final graded to allow for proper drainage according to the original grading plan. . Water services and cleanouts need to be lowered to match final grade. . Hydrants need to be raised and flags added to conform with City of Fannington standards. (Standard Detail Plate WAT-01) . The stone retaining wall to the west of 18590 Euclid Path was not included on the original grading plan and has not been approved by the City. A recent inspection indicates that fill behind the wall is eroding. The original plan for this retaining wall must be submitted to the City for review. Upon review of these plans, a further course of action regarding the wall will be determined. . The slope between Nelsen Hills Townhomes and C.S.A.H. 31 (Pilot Knob Road) is strewn with construction debris and garbage from the Nelsen Hills Townhomes construction. In addition, the slope of the hill has been changed due to fill from the site being pushed over the berm. This slope has not been sodded in accordance with City code and the City of Fannington's Engineering Guidelines. The debris on this hillside needs to be cleaned up, the slope needs to be reestablished to original grades, and the slope needs to be sodded. . The slope between the property line of Nelsen Hills Townhomes and the storm-water pond to the south is eroding due to storm water run-off from the Nelsen Hills Townhomes site. The slope will need to be corrected and vegetation reestablished, and erosion control will need to be established on the south property line. . There are portions of the development along the south and east lot lines that still do not have turf established. In addition, in front of 18584 Euclid Path and other miscellaneous spots throughout the development, the sod is dead. All dead sod needs to be replaced and established, and all other bare areas need to have turf established. At this time, the building pennit has expired and a stop work order has been placed on 18590 Euclid Path. A certificate of occupancy will not be issued for this property until these issues are corrected. In addition, the City is prepared to take additional action in order to see these problems corrected. If you have any questions regarding these items, please contact me. Thank you. Si~ Tim Gross Assistant City Engineer Phone: 651-463-1607 tgross@ci.fanninl!ton.Inn.us cc: Dave Olson, Community Development Director Lee Mann, Director of Public Works/City Engineer John Manke, City of Farmington Building Official Matt Brokl, Cambell Knutson Tom Yon Bische, Heritage Development file is I SKA GROUP D ~@~ow~fil11 I I. I" M,lW 2 92001 .;1 IiI : 1: ,1'1 ;11.;',/ i 1,-"" P. O. Box 270370 . Vadnais Hts. MN 55127 . Phone 651-762-0113 · Fax 651-40l1888 May 29, 2001 Tim Gross Assistant City Engineer City of Farmington RE: Nelsen Hills Townhomes Dear Mr. Tim Gross: This letter is in response to the meeting I had with you last Tuesday May 22. I would like to address the areas of concern in your letter. The as-built surveys have been ordered from my survey company. The time frame is by the end of next week (June 8). I will deliver to you as soon as I receive them. If the weather permits we will pull up the sod and regrade the areas of concern by the week of June 11 th. At this time we will also lower the cleanout and water services. The slope between the property line and the storm-water pond will also be corrected at that time. The week of June 4th the slope between the townhome site and Pilot Knob Road will be cleaned of construction debris. When that has been completed we will address correcting the slope itself. In discussions with Heritage Development I have learned that the county had placed additional fill in the slope when widening Pilot Knob Road. As Heritage feels they are willing to do nothing to help correct the matter SISKA will have our contractors try to reestablish the slope to satisfy the city. When the slope has been corrected it will be entirely sodded. Hopefully all of this can be corrected by the end of June. When all of the grading issues are completed the sodding and seeding of all other areas will also be completed. It is my intent to have all the requested satisfied by June 30, 2001. As we are trying to close our last unit in the site by then. The issues of the retaining wall have been brought to the attention of Jeff Ondrusik, Landscape Specialties the installer. Jeff told me he would contact the city by Tuesday May 29. Jeff will work with the city to determine further action regarding the wall. Heritage Development stated on Thursday May 24 that Tom Von Bische would be talking to Tim Gross and will correct the issues of the hydrants. , ' . At this time SISKA has submitted plans and permit request to reissue the building permit for 18590 Euclid Path. Any consideration in speeding up the process will be greatly appreciated. As the new purchaser is caught in the middle and needs to close on June 28th. SISKA Group has every intention of working with the city of Farmington to correct all items listed in the letter dated May 21, 2001. If further information is needed please feel free to contact me at 651-762-0113. City of Farmington 325 Oak Street. Farmington. MN 55024 (651) 463-7111 Fa: (651) 463-2591 www.ci.f8J.D1ineton.mn.us Wednesday, June 20, 2001 Mr. Tim Burnham P.O. Box 270370 Vadnais Heights, MN 55126 RE: Nelsen Hills Townhomes Dear Mr. Burnham: As of. this date, the City has not witnessed any effort from Siska Group to correct the issues at Nelsen Hills Townhomes identified in our meeting of Tuesday, May 2200 and in the letter personally handed to you from the City dated May 21st, 2001. In that meeting, you agreed verbally, and also agreed in writing in a letter dated May 29th, 2001, to correct those issues. The issuance of building permits at that time was contingent upon the submittal of a work schedule of when the above referenced issues would be corrected. The City in good faith, issued the building permit for the downstairs portion upon the receipt of that schedule. No building permit was issued for the upstairs portion of the home, however work has continued in this area. Because of the building permit violation and because you have failed to follow the schedule or provide the City with updated schedules, and because Siska has made no effort to address the problems at hand, the City has issued a Stop Work Order for the property at 18590 Euclid Path. Upon correction of these issues to the satisfaction of the City, and the issuance of a building permit for the upstairs portion, the Stop Work Order will be released. All work shall be completed on the issues at Nelsen Hills Townhomes by June 29th, 2001 or the City will take appropriate action. For your review, I have attached a copy of my original letter dated May 21 S\ outlining the problems needing correction. SinC~r~IY, ",{ /~ Tim Gross Assistant City Engineer Ph: 651-463-1607 tgross@ci.farmiogtoo.mo.us enclosure: Letter to Siska Group 5-21-01 I cc: Jerry Ristow, Mayor - City of Farmington Lee Mann, Director of Public W orles/City Engineer Robin Roland, Interim City Administrator Dave Olson, Community Development Director John Manke, Building Official- City of Farmington Matt Brokl, Assistant City Attorney Residents of Nelsen Hills Townhomes Kevin Hofman, Halleland Lewis Nilan Siskins & Johnson City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminnon.mn.us Monday, July 02,2001 Timothy Burnham Siska Group P.O. Box 270370 Vadnais Heights, MN 55126 RE: Nelsen Hills Townhomes - Grading Issues Dear Mr. Burnham: As of the date of this letter, no grading work has been started on the Nelsen Hills Townhomes site. As indicated in the letter from the City dated June 20th, 2001, Friday June 29th was the deadline for the grading work to be completed. In our conversation of June 20th, you had indicated that Siska Group would be willing to cooperate with the City by entering into an escrow agreement. In an effort to see the issues at Nelsen Hills Townhomes resolved expediently, the City has drafted an escrow agreement between the City of Fannington and Siska Group. This agreement will need to be completed by Siska, and delivered with the escrow amount to the City by Wednesday, July,11 th, 2001. If the completed agreement and escrow amount are not delivered by this time, the City will understand that Siska Group is not willing to correct the grading issues at Nelsen Hills Townhomes, and will take further action. .~ Tim Gross Assistant City Engineer Ph: 651-463-1607 tgross@ci.farmim!ton.mn.us cc: Jerry Ristow, Mayor, City of Fannington Robin Roland, Interim City Administrator Matt BroId, Assistant City Attorney Lee Mann, Director of Public Works/City Engineer \ ESCROW AGREEMENT AGREEMENT made this day of ,2001, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and SISKA GROUP, a Minnesota corporation ("SISKA Group"). Recitals A. On June 17, 1996 the City and Heritage Development entered into a Development Agreement for improvements to the Townhomes of Nelsen Hills Farm. B. SISKA Group took over the project from Heritage Development and performed work under the Contract; included in this work was the grading and installation of sod on individual lots and common areas. C. The project is near completion and SISKA desires to obtain building permits and final certificates of occupancy for many of the units in the development. D. The following items need correction or completion prior to final approval by the City: 1. The grading and sodding completed to date does not meet the requirements of the City Code and must be corrected. 2. The slope on the Pilot Knob Road side of the properties must be brought into compliance with the grading plan and must be sodded. 3. Retaining walls on the property must meet the City Code requirements. 4. Hydrants must be corrected to meet City standards and flags must be installed. 5. The slope between the development and the storm water pond on the south must be corrected and vegetation re-established. 6. Turf must be established in all bare areas within the development. 7. As-built surveys must be submitted for all properties. E. SISKA Group has agreed to complete or repair the items cited above in a timely fashion. SISKA Group has agreed to provide financial security for the completion of the items cited above by entering into this Escrow Agreement. F. The City has determined that this Escrow Agreement constitutes adequate assurances from SISKA Group, sufficient to protect the City from potential damages and noncompliance with the City Code. 1 ~ NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, SISKA Group shall deposit $23,000.00 with the City. The City shall retain the $23,000.00, plus all accrued interest, and may commingle and manage the funds with other City funds. 2. PURPOSE OF ESCROW. The purpose of the escrow is to reimburse the City for all construction costs the City may incur after the date this Escrow Agreement is signed for completion of the matters cited above, including replacement or repairs to the Nelsen Hills Townhomes Development if SISKA Group for any reason is unable or unwilling to honor the requirements of the City Code and the Development Agreement. Construction costs may also include engineering estimates and plans as well as labor and materials for any repairs or matters completed. 3. DISBURSEMENT FROM ESCROW ACCOUNT. If the City suspects or knows of any matter cited above that is not completed correctly and in a timely fashion, it shall first make demand of SISKA Group to make any necessary repairs or to take other prudent remedial measures within a 10 day time period. If SISKA Group is unwilling or unable to honor its agreement as determined by the City, the City may draw from the Escrow Account, including any interest earnings, as necessary following written notice to SISKA Group. 4. CLOSING ESCROW. At the end of the one-year escrow period (July 1, 2002) any funds remaining in the account, along with any unexpended interest earnings, which shall be calculated at the rate of 6% per annum, shall be remitted to SISKA Group. CITY OF FARMINGTON BY: Gerald Ristow, Mayor AND Robin Roland, Interim City Administrator SISKA GROUP BY: Timothy J. Burnham, President 2 Residents of Nelsen Hills Townhomes Resident Amy Timgren AI Larson Justin & Andrea Groves Jody Bedell Kelly Canada Jeff Bowen Address 18590 Euclid Path 18588 Euclid Path 18584 Euclid Path 18576 Euclid Path 18568 Euclid Path 18562 Euclid Path Phone No. Work Home Comments 952-469-7596 651-460-6894 651-460-4533 651-303-4742 651-463-4869 612-673-1806 Rental? ?~ COUNCIL MINUTES REGULAR June 18,2001 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, Verch Soderberg, Strachan City Attorney Jamnik, Interim City Administrator Roland, City Management Team 4. APPROYEAGENDA MOTION by Cordes, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Kelly Canada - Grading Concerns Ms. Kelly Canada introduced Mr. Al Larson as spokesperson for the Nelsen Hills Twin Homes addition. Mr. Larson stated they have four major issues of concern with the properties at Nelsen Hills Twin Homes. The issues are unsatisfactory grading; the need for a retaining wall along Pilot Knob Road; the repair of a boulder retaining wall; and landscaping and sodding of all areas of concern. Regarding the unsatisfactory grading, he stated there were no as-built surveys submitted for 18590, 18588, 18576, and 18584 Euclid Path. As a result, there are major grading problems including water standing in the back of 18562 and 18568 Euclid Path. The entire site has not been graded over the common area. Because of the standing water, sump pumps are running constantly. The City water shutoffs are 3"-6" above grade and a storm sewer clean out that is 10" above grade. The fire hydrant is too low for the Fire Department to spin a wrench on it to open it. The steep embankment along Pilot Knob Road is a major concern due to children sliding down it during the winter. They could end up on Pilot Knob Road. In addition, the slope of the hill has been changed due to fill from the site being pushed over the edge. There also has to be some grading around the water shed area to the south which has not been sodded. The existing 2:1 grade will not be maintainable and will cause erosion problems. A reasonable solution would be to establish a keystone retaining wall to prevent future problems. The residents feel Council Minutes (Regular) June 18, 2001 Page 2 there were serious errors made on the development by the City, Dakota County, Heritage Development and Siska Group by not checking grade levels and obtaining the as-built surveys required. There is a stone retaining wall on the west side of 18590 Euclid Path that is seriously eroding. The dirt behind the boulders is washing down to the walkout patio of that unit. Each of the six units is supposed to have an outdoor lamp post in the front yard. Two units are waiting to have them installed. Also each unit was supposed to have a tree in the front yard. Only one unit has a tree. It is not the resident's intent to keep the buyer of 18590 from moving in. However, it is their intention to take whatever action is necessary to get these issues handled in a manner satisfactory to homeowners of Nelsen Hills. After numerous phone calls and letters to the builder, he has made no contact with the residents. After one year the residents feel very strongly he will not comply with these issues after the closing of 18590 Euclid Path on June 28, 2001. The residents would like some sort of acceptable action or commitment from the City and the builder that all work will be completed before the closing on that date. The residents thanked the City Engineering staff for their assistance with this issue. The residents would like the City to not release a temporary permit of occupancy for 18590 until all issues are completed. If the issues are not completed the residents will take legal action. The only way to get Siska to complete or even start the repairs is to hold the Certificate of Occupancy. If not that, then hold at least 1 1/2 - 2 1/2 times the cost ofthese repairs from the closing. Mr. Larson thanked Council and staff for listening to their concerns. Interim City Administrator Roland stated Engineering has been dealing with these issues and will be meeting on Tuesday with a member of the City Attorney's staff to review the options. A response will be prepared for the next meeting. The City is making every attempt to resolve the issues or at least get the type of response from the builder in escrow that the association referred to. 7. CONSENT AGENDA MOTION by Cordes, second by Verch to approve the Consent Agenda as follows: a) Approved Council Minutes (6/4/01) (Regular) (6/4/01) (Special) b) Approved Agreement Anoka Hennepin Technical College - Fire Department c) Approved Beer and Cigarette License Transfer - Administration d) Approved Appointment Recommendation - Public Works e) Accepted Resignation - Community Development f) Received Information Music Between the Ages Grant - Parks and Recreation g) Approved Request for Proposals for Recycling Services - Parks and Recreation h) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) June 18,2001 Page 3 8. PUBLIC HEARINGS a) Consider Resolution - Third Street Overlay and Sanitary Sewer Sliplining - Engineering The improvements proposed for the Third Street overlay and Sanitary Sewer Sliplining Project consist of constructing a bituminous overlay and sliplining the sanitary sewer along Third Street from Spruce Street to Ash Street. The total project cost is estimated at $413,000.00. According to the assessment policy, 65% of the project costs would be paid for by the City and 35% would be assessed to the benefited properties. The estimated assessment per residential unit is $2,316.26. Councilmember Strachan arrived at 7:20 p.m. Ms. Lynn Royce, 609 3rd Street, asked how assessments break out for apartment buildings. Assistant City Engineer Gross replied according to the policy it is by square footage. Mr. Russ Christensen, 516 3rd Street, asked if there would be any sliplining to the individual residents or only the main sewer line? Assistant City Engineer Gross replied it will only be the main sewer line. Mr. Christensen noticed there were some properties not assessed for both the overlay and the sliplining. Assistant City Engineer Gross replied on some of the properties the driveway fronts one street and the service fronts another street. They are typically comer lots. Mr. Christensen then asked if it was normal procedure to share the wealth on the overlay with residents who do not live directly on the road, but access it. Assistant City Engineer Gross replied there are major collectors in town such as Pilot Knob, Akin Road, Ash Street where assessments are made Y2 mile in either direction. Very careful records are kept as to who was assessed and for what. Ms. Mona Ostroot, owner of 52 1 3rd Street, asked why they are being assessed for the sliplining when others on the block are not. Assistant City Engineer Gross replied the Walnut Street project assessed non-abuttng properties (properties on 3r Street) to offset the assessment costs to comer lots. Staff is still reviewing the other properties. Ms. Lynn Royce, 609 3rd Street, regarding the double assessments, will the City be contacting the residents? Assistant City Engineer Gross replied the residents with double assessments will be contacted. Ms. Royce then asked about how the assessed value of the house was impacted by the street. Assistant City Engineer Gross replied a separate company did an assessment along 3rd Street to see if the homes along that street could support the assessments levied. If the assessments fall below a certain mark then the assessment is ok. Assessments could be made up to $4000, and the City is well below that mark. Interim City Administrator Roland stated this is standard procedure for the assessment policy. Council Minutes (Regular) June 18, 2001 Page 4 MOTION by Cordes, second by Verch to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Verch adopting RESOLUTION R59-01 ordering the project, approving plans and specifications and authorizing the advertisement for bids. APIF, MOTION CARRIED. b) Consider Ordinance - Benham Property Annexation - Community Development The City received an annexation petition from Lowell and Janet Benham to annex approximately 1.88 acres currently in Section 32 of Empire Township. The subject property is completely surrounded by land within the municipal limits. According to MS 414.033 Subd.2(2) a City Council may by ordinance declare land annexed to a City if the land is completely surrounded by land within the City limits. Mr. and Mrs. Benham have an agreement to sell this property to Mr. Tim Giles, owner of the adjacent Glenview Townhomes development. The property would be incorporated into the existing commercial lots along Trunk Highway 3. Upon purchase of the land the two homes will be demolished and the wells and septic system will be removed. The owner will be allowed 10 months to remove the septic system and hook up to the City sewer and water. If this petition is approved, the Benham's and Mr. Giles have filed a petition to rezone this property to B-1 Limited Business. Ms. Eileen Sauber, 110 8th Street, asked what type of businesses are B-1? Mayor Ristow and Community Development Director Olson replied restaurants, convenience stores, offices, retail, motels, gas stations. MOTION by Strachan, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Strachan adopting ORDINANCE 001-465 annexing the 1.88 acre Benham property. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2000 Annual Financial Statement - Finance Final audited numbers indicate an increase of$343,557; bringing the fund balance total to $1,457,720. This represents 35.4% of the annual expenditures of the City. In 2000, actual General Fund revenues exceeded budgeted revenues by $200,268 and actual expenditures were $45,950 less than budgeted. Mr. Joe Rigdon from Kern, DeWenter, Viere presented their report to Council. b) Consider Comprehensive Plan Amendment - Devney Property - Community Development c) Consider Comprehensive Plan Amendment - Rother Property - Community Development Michael and Eileen Devney and Lawrence Rother are seeking a Comprehensive Plan Amendment for the properties to Low/Medium Density Residential and to Council Minutes (Regular) June 18, 2001 Page 5 rezone their properties from A-I to R-2. The properties were annexed into the City on April 16, 2001. The total acreage of the Devney property is 57.71 acres and the Rother property is 56.12 acres. The City's Traffic Engineer reviewed the projected traffic volumes for the properties and found that additional access to this region needs to be planned and reviewed before any development could occur. The City has reviewed the feasibility of serving the properties with sanitary sewer and water service, and with only half of the property serviced with gravity sewer at this time, it is not feasible to develop the property to its potential. The Planning Commission reviewed the petition on June 12,2001 and recommended denial of the Comprehensive Plan Amendment and zone change based upon the Findings of Fact. MOTION by Strachan, second by Verch to deny the Comprehensive Plan Amendment and Zone Change for the Michael and Eileen Devney property and to adopt the Findings of Fact of the Planning Commission. APIF, MOTION CARRIED. MOTION by Cordes, second by Verch to deny the Comprehensive Plan Amendment and Zone Change for the Lawrence Rother property and to adopt the Findings of Fact of the Planning Commission. APIF, MOTION CARRIED. d) Consider Resolution - Middle Creek 4th Addition Final Plat - Community Development D R Horton and Arcon Development Inc. jointly propose to plat 68 townhome units within the Middle Creek 4th Addition. The 68 townhome lots are located directly east of Pilot Knob Road and south of the previous 66 units platted as part of the Middle Creek 2nd Addition. The Final Plat is proposed to slightly deviate from the approved preliminary plat in that the developer is proposing to include two-stall garages instead of the proposed single-stall garages. This change is for the four lots located north of 206th Street, and will require the lots to be extended an additional twelve feet to accommodate the two additional stalls on both sides of the building. The plat shows 206th Street will act as the main access in and out of the townhome portion of the development until the north/south road is constructed in future phases. The homeowners association will maintain the private driveways that extend off of 206th Street. The Parks and Recreation Commission have requested that a park be provided in the southeastern portion of the project, north of the creek and west of Akin Road. Staff requests that the developer strongly consider additional off-street parking stalls to be constructed in locations off of the private drives, currently only 4 off-street parking stalls are proposed. MOTION by Cordes, second by Strachan adopting RESOLUTION R60-01 approving the Middle Creek 4th Additional Final Plat contingent on the execution of a development Contract, the submittal of a revised grading plan and continued review of additional off-street parking within the plat. APIF, MOTION CARRIED. e) Consider Resolution - Wilson Property Preliminary Plat - Community Development Steve and Nancy Wilson, 5200 203rd Street, Arcon Development, and D R Horton have submitted an application for the Wilson property Preliminary Plat to Council Minutes (Regular) June 18,2001 Page 6 subdivide 9 lots on 4.7 acres. The property is located in the central portion of the Middle Creek development. The 9 single-family lots will be arranged around a 570-foot long cul-de-sac that will eventually connect to the proposed 203rd Street east/west minor collector. Since the cul-de-sac length exceeds the City requirement stating that cul-de-sac streets shall not exceed 500 feet in length, a variance must be applied for before the final plat may be approved. Contingencies for the Preliminary Plat are: 1. The Developer seeks a variance request for the 570-foot cul-de-sac that exceeds the City standards in Section 11-4-3(B) of the City Code. 2. A sidewalk is required on one side of the 28-foot wide cul-de-sac road to meet City standards. Councilmember Verch stated he received a letter from the McCarthy's stating no contact has been made by the builder to resolve the 203rd Street issue. Mr. Don Patton, D R Horton stated he met with the McCarthy's approximately 1 month ago. Mayor Ristow stated City Attorney Jamnik has been in contact with the McCarthy's attorney stating the City will stake the right-of-way to show where it is in relation to the property. MOTION by Strachan, second by Cordes adopting RESOLUTION R61-01 approving the Wilson Property Preliminary Plat contingent upon the above issues. APIF, MOTION CARRIED. t) Consider Resolution - Charleswood 5th Addition Development Contract - Engineering The Development for Charleswood 5th Addition has been drafted with the following conditions: a) The Developer enter into this Agreement. b) The Developer provide the necessary security in accordance with the terms of this Agreement. c) The Developer reserves Lot 1, Block 1 for purchase by the Water Board for a future water supply well. In addition, the Developer agrees to grant the Ci~ an easement for a future water supply well at the northwest comer of200 Street and Pilot Knob Road. The Water Board has agreed to purchase said well sites from the Developer for a total amount of $21 ,500. d) The Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the Final Plat or within 30 days of the execution of this Agreement. MOTION by Verch, second by Cordes adopting RESOLUTION R62-01 approving the execution of the Charleswood 5th Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. g) Consider Resolution - Vermillion Grove Development Contract - Engineering The Development Contract for Vermillion Grove has been drafted with the following conditions: a) The Developer enter into this Agreement. Council Minutes (Regular) June 18, 2001 Page 7 b) The Developer provide the necessary security in accordance with the terms of this Agreement. c) The Developer reserves Outlots A and G for purchase by the Water Board for future water supply wells. The Water Board has agreed to purchase said well sites from the Developer for a total amount of $75,000. d) The Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council Approval of the Final Plat or 30 days after the execution of the agreement. MOTION by Cordes, second by Verch adopting RESOLUTION R63-01 approving the execution of the Vermillion Grove Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: Council was provided with the ALF Ambulance budget for 2002. Advise him of any questions. The third rig for Farmington has been very busy. City Attorney Jamnik: He has been working on negotiations regarding the 195th Street right-of-way with McNamara's staff and are $25,000 - $30,000 apart. Authorization for appraisal has been done. Construction of 195th Street may not occur this year if the right-of-way acquisition is not approved. Finance Director Roland: There are two meetings next week, on June 26 at 5 p.m. and June 27 at 6 p.m. Assistant City Engineer Gross: him if there are any questions. Regarding Nelsen Hills Twin Homes, please call 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:05 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ ;;-v-?~~ Cynthia Muller Executive Assistant City of Farmington Zoning and Subdivision Code Update Joint City Council/Planning Commission/Housing and Redevelopment Authority Minutes June 26, 200 I 1. Mayor Ristow called the meeting to order at 5:00 P.M. Members Present: Soderberg Chair Rotty called the meeting to order for the Planning Commission at 5:00 P.M. Members Present: Larson. Privette, Johnson, Barker Chair Arey called the meeting to order for the HRA at 5:00 P.M. Members Present: Lamb, Soderberg Also Present: Robin Roland, Interim City Administrator, David Olson, Community Development Director; Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner; Mark Koegler, President, HKGi, Loren Gordon, Community Planner, HKGi 2. Mark Koegler gave an overview of the Zoning and Subdivision update process. 3. Loren Gordon reviewed the Zoning Districts Use Charts and Bulk Provisions with the meeting attendees. He introduced the new Downtown Residential District, stating that the purpose for the district is to accommodate existing higher density single-family and two-family residential development and promotes infill of high-density single-family residential development within the downtown area. He proposed the minimum and maximum lot sizes in the district to be 6,000 to 14,400 square feet instead of the current requirement of 6,000 to 11,000 square feet. He also proposed the side yard setback at 5 feet rather than the current 6-foot requirement to reduce the number of variances in the Downtown Residential District. 4. The consultant proposed that the maximum building height in all districts except R-3 (Multi-family), B-3, B-4 and 1-1 be reduced from 45 feet to 35 feet as a function of fire capabilities. 5. The consultant proposed that the A-I and A-2 districts be combined into one district as A-I (agriculture) and require 40 acres for the minimum lot size for residential lots rather than the current 1 housing unit per 40 acre provision. 6. The consultant reviewed the Use Charts with the meeting attendees. A lengthy discussion occurred concerning the Conditional Use Permit requirement in the A-I District for Stables and Riding Academies. The issue concerned the allowance of commercial stables and riding academies in the A-I District. The consultant will prepare a definition for the use and submit it at the next joint meeting for discussion. 7. Mark Koegler proposed the need to eliminate the C-l District and revise the zoning to A-I. The C-l District currently allows 1 housing unit per 80,000 square feet, therefore the revision would allow 1 housing unit per 40 acres. The wetlands, waterways and slopes in the existing C-l District would be handled through overlay zones. 8. The consultant discussed the need to revise the Floodplain Districts by creating overlay districts to allow the underlying zoning to be reflected on the zoning map. 9. The consultant opened discussions concerning the Business Park located south of CSAH 50 and west of Denmark Avenue. It was the consensus of the meeting attendees that commercial and business park uses be assigned to this location. Commercial uses include: one big box retail store, restaurants, motels, etc. The meeting attendees also agreed that Spruce Street should be installed as soon as possible within the Business Park to begin development around the traffic corridor. 10. Council Member Strachan arrived at 7:00 PM. 11. Upon conclusion of the Zoning and Subdivision Code Update discussion, the meeting attendees had discussions on future growth rate in the City in relation to planned transportation improvements. The attendees agreed that building permits should continue to be issued at 300 single-family permits a year with some suggestions that it be reduced to 250 during the proposed closure of Pilot Knob Road to the north for two years. The attendees directed City staff to determine the estimated build- out rate for upcoming subdivisions such as Middle Creek, Vermillion Grove and Charleswood. This information would assist in future projections of building permits. The City Attorney will address the legalities concerning a building moratorium and building permit reduction at the 2nd meeting in July or the 15t meeting in August. 12. There being no further business the attendees agreed to adjourn. Respectfully submitted, fi: ~~ Lee Smick, AICP Planning Coordinator Approved COUNCIL MINUTES SPECIAL June 27, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 6:00 p.m. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Verch Strachan Interim City Administrator Roland, Human Resources Manager Wendlandt, Jim Brimeyer This meeting was held to select five candidates for the City Administrator position. Mr. Jim Brimeyer, of the Brimeyer Group, presented Council with 11 applications for their review. The applications were numbered 1-11. Mr. Brimeyer outlined the guidelines of the process as follows: 1. The names of the candidates could not be released until they are notified. He will notify Brenda Wendlandt when that has been done and provide her with the summaries. 2. Compensation issues need to be discussed. 3. Interview schedules need to be discussed. 4. What the next step in the process will be. The position was advertised and position profiles distributed. Approximately 45-50 applications were received. The Brimeyer Group narrowed the list according to the position profile. The combination of conversations with the candidates and information received in resumes is included in the summaries. After the Council narrows the list to five candidates, they will be provided with the summaries for those candidates. If the Council has questions, Mr. Brimeyer can obtain the information from resumes or from the candidates. Mr. Brimeyer then quickly went through each candidate. Candidate 1 is currently an assistant in a fairly large metropolitan municipality. Prior to that she had worked in a variety of other positions in Minnesota and California. She has been in her current position since 1997 and has a good background in economic development. Councilmember Soderberg asked if all of the candidates indicated a willingness to move to Farmington? Mr. Brimeyer replied no, not all of them. This candidate indicated she would relocate but timing would be an issue. She currently lives in Eden Prairie. Mayor Ristow stated we cannot force them to move, but we can ask. Councilmember Soderberg asked if the candidate moves to the area, because of family they may not move on. Mr. Brimeyer replied her spouse has a position with an architectural firm. Councilmember Soderberg stated he was asking because what if the spouse took a job in Illinois for example? Councilmember Cordes stated that could happen with anyone. Council Minutes (Special) June 27, 2001 Page 2 Candidate 2 has been a City Manager for 14 years and prior to that was in the private sector for awhile. The community is less than 5,000 people, but a lot of growth. They are developing 1100 lots in the area and anticipate several annexations. They just redid the comp plan including park improvements and computer upgrades. He is located outside the metro area. He is looking at a variety of options. He wants to make a career move before his children are in high school. He would be willing to move to Farmington. Candidate 3 has been living out of state for the past 4-5 years and prior to that was in Minnesota. Mr. Brimeyer knows him from 7-8 years ago working on a strategic planning session. In his current position the City was ordered by a court to put in low income housing. The community did not want this and held the Council responsible. They presented a petition to remove the Council and Council management form of government. His position was eliminated and he was released. He is looking at positions in Texas and northern Minnesota. His salary was $88,000. Mayor Ristow asked if you have to be licensed to practice in another state. Mr. Brimeyer stated that does not apply to this position. Candidate 4 has had a steady career. They had a $4 million budget, have an economic development authority, several new businesses, developed 11 TIF districts, a police station project, and just updated their comp plan. They are annexing 47 acres and an additional 82 acres across highway 52 for development. The school district and City share recreational facilities. The down side is not having dealt with the Met Council. Mr. Brimeyer did not know if he would be willing to move. Councilmember Cordes asked if every Administrator/Manager would know the dealings of the Met Council. Mr. Brimeyer replied he did not know how hard that is to learn. In an organization of this size, there would be someone to tell him who does what on the Met Council. Mr. Brimeyer did not think that is a big drawback. Candidate 5 was in the previous community for 14 years and prior to that in another community for 13 years. She was an Assistant Clerk in the current community and became City Manager in 1997. She has not been involved in alot of growth issues, but a tremendous amount of redevelopment issues. She did a decent job of getting the EDA working, the comp plan updated, a five year financial plan, revolving loan fund, $10 million for economic development, and upgrade to a major shopping center. Mr. Brimeyer stated she got caught in an unfair situation. She worked with one Mayor for 12-15 years. The new Mayor had an ongoing battle with the previous Mayor, and after the election he told her she was leaving because she had worked with the previous Mayor. She knows Farmington has big growth issues and has not been involved in that type of activity, but feels she could pick up on it and Mr. Brimeyer agreed. She is currently an Interim City Administrator and has been offered that position, but she would rather stay in the metro area. She would not be willing to relocate and currently lives in Inver Grove Heights. Candidate 6 was making more in his last position than is being offered. His first position was 14 years, the last position was 13 years. They had an election resulting in a new Mayor and new Councilmembers. One Councilmember was a department head he had dismissed. The Mayor was elected over some controversial issues. One of which was how to discuss dispatch services. This candidate wants to stay in the metro area and has a cabin in Prior Lake. At one time he considered starting his own consulting business. Council Minutes (Special) June 27, 2001 Page 3 Candidate 7 has a combination of both work and growing communities up through 1994 in the southwest metro and between here and Elk River. One reason he left his position was over an 800 acre annexation and whether it was going to be an urban or rural environment. He has been in his current position for 7 years. He serves as executive director of the EDA. A new City Hall/Community Center is a joint project with the school district. They just revised their comp plan. He would not relocate, but lives in a southern community. Candidate 8 is somewhat known and is currently a Community Development Director. He worked in the Administrator's office prior to that for 10 years and worked in the Planning Department for 3 years. He has been exposed to all the growth environment issues, annexations, subdivision issues, development issues and business retention and recruitment. He has worked with cities, counties, and the Met Council. He feels this would be a good career move and would be willing to move to Farmington. Candidate 9 worked in a development community for awhile and now in a semi-growing community. He has been in his current position for 5 years in a smaller community. They do a lot of contracting for planning, zoning, engineering, inspection and joint powers agreement with other cities for sewer service, contract with 4 fire departments and also provide police services to other cities. He along with his staff rewrote the comp plan instead of hiring an outside firm. Mr. Brimeyer has known him for years. This would be a good career move to a larger city and staff. He is very in tune with technology, City website, revamped the computer system and set up a network. Candidate 10 is from Iowa. He has been in his current position for 8 years. He has upgraded the City's bond rating and sits on the County seat, worked with the County on ambulance services, done an addition to the library, and active in the Chamber of Commerce. They did an annexation of 800 acres, and a 15 mile trail development and updated the comp plan. He recently began looking at career opportunities. He would be willing to relocate. Candidate 11 has been in his current position for a short amount of time, prior to that in a position for 13 years. There was an election in the community where they are doing a huge downtown redevelopment project and it dragged out and became controversial. The downtown development impacts the environment because it is on a lake front. This person was asked to resign about 2 years ago. He was then hired as heir apparent to a retiring director. They reorganized the department which gave the new department head more authority. The County Board Chair did not like this and suggested he start looking for a new position. Mr. Brimeyer has known this person for 20 years. He is a good individual and manager. He has been inilimited growth environment in previous years, but a lot of growth in his current position. He likes the City environment and does not like the County environment or polities. He likes Dakota County and would relocate. Council Minutes (Special) June 27, 2001 Page 4 Mr. Brimeyer said that completes the list and asked if Council had any questions or if they have already picked 5 candidates. Interim City Administrator Roland suggested if Council has already picked 5, they could tally the numbers and Council might come to a consensus about certain candidates without having to discuss all of them. Council agreed to narrow the list to 5 or 6 candidates. Mr. Brimeyer suggested 5 with 1 or 2 backups. If Council feels strongly about 6, then interview 6. He did not want Council to have second thoughts about not interviewing someone. Mayor Ristow stated Council has to be open minded. Until you actually sit down and interview the person it tells you a lot more. Mr. Brimeyer stated he knows who will be a good fit for this position, but he could not tell them. When you see them face to face, there is not a person in here who cannot do the job. Mayor Ristow said it always sticks in his mind there could be someone better, do we have the best ones? Mr. Brimeyer stated he felt they do. Councilmember Cordes stated if that is the case they could start the process all over. Mayor Ristow stated what he is looking for is what Farmington needs and it is going to be for a long time. He put together some points as to what he is looking for from the past as to what they had. He felt they lost a great person and he is going to let it go, it is over with. To fill those shoes we cannot afford to step back. We need someone as equal and the qualifications may be here, but until you need to be around the person and see their character and personalities. Mr. Brimeyer stated no one ever hired anyone they did not like. You may hire someone with less qualifications, but rationalize it with saying that they will fit just fine. Mayor Ristow stated what he is looking for is experience in growth issues including planning and zoning, budget management, experience and strength in dealing with personnel issues, communications skills for working with the public, City Council and others, experience working with the Met Council, experience with annexation issues and knowledge ofTIF projects. Councilmember Strachan provided his notes to Council and talked with Mr. Brimeyer. Councilmember Cordes stated when she received the profiles with the background and experience she also kept those same requirements in mind. Mayor Ristow stated we have a great past in the last 5 years. Everyone worked hard to bring us back to where we are. The survey showed a strong, positive attitude. Mr. Brimeyer then ran through the numbers to see how many Councilmembers had a candidate on their list. Tally was as follows: Candidate 1 - 4 Candidate 2 - 0 Candidate 3 - 2 Candidate 4 - 2 Candidate 5 - 4 Candidate 6 - 3 Candidate 7 - 3 Candidate 8 - 1 Candidate 9 - 1 Candidate 10 - 0 Candidate 11 - 5 Councilmember Soderberg stated he has definitely selected 3 candidates, with some maybes, and 3 no's. Councilmember Strachan selected candidates 7,8, 11 with 5 as a possibility. Three Councilmembers selected 5 candidates. The following are eliminated - candidates 2, 10, until Steve's vote 8 and 9 would be out. So Council has selected 1,5,6 and 11. Councilmember Council Minutes (Special) June 27, 2001 Page 5 Cordes asked what about number 4? Councilmember Soderberg stated 10 was a maybe on his list along with 8 and 7. He stated he was not real strong on number 10. It was agreed the five candidates would be 1,5,6, 7 and 11. Mayor Ristow felt they did not need a backup candidate. If they applied for the job, then they should be ready. Mr. Brimeyer suggested they look through their information again to make sure. Mayor Ristow wanted to make it clear if all of the candidates are rejected, the Brimeyer Group would provide more candidates. Councilmember Soderberg asked if candidate 6 was asked to resign due to a political move. Mr. Brimeyer replied yes, the Fire Department head came back and ran for Council. Co~cilmember Verch asked how well Mr. Brimeyer knew the candidates. Mr. Brimeyer stated he knows all but number 1. Mayor Ristow asked how many of these were candidates in the last city the Brimeyer Group filled a position for. Mr. Brimeyer replied the last position was East Grand Forks and prior to that was New VIm and Andover. The Brimeyer Group was involved when candidate 5 was hired five years ago and when candidate 7 was hired 7-8 years ago. Mr. Brimeyer stated they will call the candidates and advise Brenda as soon as they have accepted. They will do background checks, reference checks, ask them to complete a personality profile, and provide cover letters and resumes. They will also ask the City to send information such as budgets, personnel policies, and a comp plan map. A letter was sent to all 11 candidates on June 12 telling them the schedule had changed and interviews would be July 17 and 18. Regarding the schedule there was an option 1 and 2. Mr. Brimeyer felt option 1 was the only one that made any sense. Interim Administrator Roland stated there were 2 options because they were concerned they might not be able to get all 5 candidates here on the same day. The first day would be mid-afternoon and evening and the second day would be evening. Council is not needed until 5:45 on Tuesday and 5:00 on Wednesday. If Council wants to come earlier, they can. Mayor Ristow stated he had volunteered to be on the tour. Mr. Brimeyer stated they will have a chance to look around the City and meet with department heads very briefly and he had discussed with Robin and Brenda about setting up 5 rooms with a couple department heads in each room and have them rotate for 10-15 minutes and they will have a chance to see them at the reception. When Council comes, they will each be in a room and have about 30 minutes with each candidate. The next day, the Council can interview them as a group. Councilmember Soderberg asked if the interviews are open to the public. Mr. Brimeyer replied the interviews on Wednesday are open to the public because there is a quorum. There has been some debate as to whether the individual meetings are public. The court has ruled they are not. However, Mr. Brimeyer suggested announcing them as a meeting. Mayor Ristow inquired about having 5 rooms set up for staff people. What is the purpose of that? Mr. Brimeyer stated it is a way for the candidates to have a look at the department heads. Mayor Ristow asked but why all five of them? There is only the possibility of one candidate, why tie up that much staff time? Mr. Brimeyer replied it is only an hour. Mayor Ristow replied it is an hour of time. We have five candidates and only one will be chosen, why tie up staff time? He has a problem with that. He has a public to answer to. If they get knowledge of this - he does not think it is necessary. Department heads are not going to hire them, Council is. Mr. Brimeyer stated you don't think when the school district hires a superintendent or the hospital hires an administrator they don't at least want to meet with the staff and see what kind of an operation they have? Mayor Ristow replied it was done at 7:30 at night and it was open to the public. Mr. Brimeyer stated there were no meetings with the staff? Mayor Ristow replied no. Mr. Brimeyer stated he has a hard time Council Minutes (Special) June 27, 2001 Page 6 believing that. Mayor Ristow stated he was involved in the last one. Mr. Brimeyer said tell me what you want and that's the way it will be. Mayor Ristow stated he is trying to define the purpose of tying up staff people. Interim Administrator Roland stated as a previous interviewee, it was very helpful to her to meet with other members of the staff to get a flavor for the environment she would be working in. There are things other department heads can tell candidates about the City as far as background they will not get from the tour, the reception or from the one on one questioning from Council. They will ask questions of staff to get a better understanding what they will be walking into, and what are the important issues. When she was offered the job, she came in on a Monday afternoon and talked to a couple people to get some insight. Mayor Ristow replied he would not have a problem after it is offered, but beforehand it is immaterial. Councilmember Cordes stated it is common practice for them to talk to employees and gives them information on day to day operations. Mayor Ristow stated don't you think the person who is hired will set up their own processes anyway? Mr. Brimeyer said you might hire someone, but they would say I don't want to take the job until I meet with staff. Why not take care of that in advance? Mayor Ristow replied then staff is only meeting with one person. Mr. Brimeyer stated you are concerned with staff time you don't care about the candidate's time. So if the job is offered to candidate 1 and he wants to meet with staff then staff is tied up for a couple hours. We are trying to save time. They all want to be comfortable that this is a decent place to work. Councilmember Soderberg stated he would concur with Mr. Brimeyer. These five may come through and candidate 1 may say I am not a good fit and withdraw based on meeting with the staff. Then we know right away. Human Resources Manager Wendlandt stated it is more of giving the candidate an opportunity to interview staff rather than staff interview the candidate. Before they leave any position they want to make sure it is a good fit. They probably won't accept until they do interview staff. Councilmember Cordes suggested scheduling an hour from 3:15 - 4:15 for an informal meeting with department heads and other staff. With this position she does not feel it is a waste of staff time. It is a very important position and it is beneficial for everyone involved. Mr. Brimeyer stated he would like to have more than an hour to do that but will try to make it work. Another way to accomplish this is who is going on the tour? They could talk during stops in the tour, but then all five candidates are together. Mayor Ristow stated based on the last time, the person that does the job will be evaluated down the road. Mr. Brimeyer stated last time they did a lunch with all the candidates and department heads. We did not have the time this time so individual interviews were set up. Mayor Ristow agreed to leave it as is with an hour. Councilmember Cordes stated all candidates have been informed, so they should have these dates set aside. Regarding compensation issues, Mr. Brimeyer stated the salary range has been set. Previous car allowance was $300/month. Councilmember Verch asked why they cannot use City cars? Mayor Ristow agreed, or pay $.27/mile. Councilmember Cordes asked if the car allowance was for driving from home to work? Council replied no. Councilmember Cordes suggested taking out the car allowance and making a City vehicle available. Mr. Brimeyer asked if there was a vehicle available everyday all day long for the administrator? Council stated there is a vehicle in the library parking lot all the time. If it is not available, then pay mileage. Interim Administrator Roland stated the policy is $.34/mile. It was agreed to assign a vehicle to the City Administrator. Mr. Brimeyer then asked about vacation. The previous administrator started with one week. Councilmember Cordes stated most positions are starting with 2-3 weeks. Councilmember Soderberg asked how the administrator accrues leave. Staff stated the same as everyone else, Council Minutes (Special) June 27, 2001 Page 7 two weeks/year until the fifth year and then three weeks. Council would be willing to negotiate. As far as medical and dental, current policies will be followed. The City would pay moving allowance if moving to Farmington. Severance, retirement, and other miscellaneous benefits were discussed. MOTION by Soderberg, second by Cordes to adjourn. APIF, MOTION CARRIED. Respectfully submitted, [/y.~~?r)~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ FROM: Mayor, Council Members and City Administrator ~ Brenda Wendlandt, Human Resources Manager TO: SUBJECT: Appointment Recommendation - Community Development Department DATE: July 16, 200 I INTRODUCTION The recruitment and selection process for the appointment of a full-time Building Inspector in the Community Development Department has been completed. This position was authorized in the 200 I budget. DISCUSSION After a thorough review of all applicants for the Building Inspector's position by the Community Development Department and Human Resources Office, a contingent offer of employment has been made to Mr. Kenneth Lewis, subject to ratification by the City Council. Mr. Lewis has a degree in Building Inspection from Inver Hills Community College and has worked in the construction field for number of years and has a basic knowledge of plan review. He is currently the Production Manager for Suburban Exteriors responsible for daily inspections, customer service and managing staff. Based on his education and experience, Mr. Lewis meets or exceeds the requirements of the position description and is the best candidate for the position. ACTION REOUESTED Approve the appointment of Mr. Kenneth Lewis to the position of Building Inspector in the Community Development Department, effective on or about July 30, 2001. g:,;7u /1F~~da~~fHR Human Resources Manager CC: Personnel File City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7d TO: Mayor, Councilmembers and City Administrator W Daniel M. Siebenaler Chief of Police FROM: SUBJECT: Capital Outlay Purchase Digital Camera DATE: July 16, 2001 INTRODUCTION The 2001 Budget authorizes the purchase of a digital camera by the police department. DISCUSSION In the year 2000 the Farmington Police Department spent nearly $800.00 developing film. This represents only a portion of all of the pictures actually taken. Many photos are stored on film and marked by case number to be developed only as needed for trial. As authorized by the 2001 budget the police department will be purchasing a digital camera. While it is anticipated that some traditional 35mm photographs will be required, it is believed that over ~ of the cost of film processing can be eliminated with this purchase. That means the digital camera will pay for itself in cost savings in less than two years. BUDGET IMPACT The digital camera will be purchased within the authorized budget amount of $630.00. ACTION REQUESTED Information only. Respectfully submitted, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us le. TO: Mayor, Councilmembers, City Administrator ~ James Bell, Parks and Recreation Director FROM: SUBJECT: Capital Outlay - Parks and Recreation Department DATE: July 16, 2001 INTRODUCTION The 2001 Budget authorizes the seal coating of the C.S.A.H 50 trail and the resurfacing of the tennis courts at Rambling River Park. DISCUSSION The seal coating of the C.S.A.H 50 trail is included in the five-year trail maintenance plan. The seal coating of the trail will extend the life of the trail. The maintenance of County trails is the City's responsibility as per the County Trail Maintenance Agreement that the City has agreed upon. This trail agreement has been agreed upon by All County cities. The tennis court resurfacing is included in the 2001 C.I.P. The courts are deteriorating and are in need of resurfacing. The resurfacing should bring the courts back to their original condition. The original surface has lasted 29 years. BUDGET IMPACT The quote from Chern Seal for the trail seal coating is within the approved capital outlay budget ofSll,964. The low quote from Court Surface and Repair for resurfacing the tennis courts is within the approved project budget of $25,000. ACTION REOUESTED This is for infonnation only. Respectfully submitted, ~ 6S;Z James Bell Parks and Recreation Director 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 and City Administrator ~ FROM: Karen Finstuen Administrative Services Manager SUBJECT: Gambling Event Permit - Dakota Electric DATE: July 16,2001 INTRODUCTION Dakota Electric is requesting a Gambling Event Permit for a United Way raffle. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2001 budget. ACTION REQUESTED Consider the attached Resolution granting a Gambling Event Permit to Dakota Electric at 4300 220th Street W, on September 27,2001. Respectfully submitted, 4A~j-~ Karen Finstuen Administrative Services Manager RESOLUTION NO. R -01 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR DAKOTA ELECTRIC ASSOCIATION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of July 2001 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, Dakota Electric Association has submitted an application for a Gambling Event Permit to be conducted at Dakota Electric, 4300 220th Street W, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for Dakota Electric to be conducted at 4300 220th Street W is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of July 2001. Mayor Attested to the day of 2001. City Administrator SEAL City of Farmington 325 Oak Street Farmington, MN 55024 www.ci.farmington.mn.us FAX TRANSMITTAL MEMO No. of Pages: 10 Date: 7/9/01 11 :19 AM To: Joel Jamnik From: Cindy Muller Company: Company: City of Farmington Fax#: Fax #: (651) 463-2591 Telephone #: Telephone #: (651) 463-1803 Comments: Attached is an application from Dakota Electric for a Gambling Event for a United Way raffle. This will be on the July 16 Council agenda. Please advise if it is ok. Thank you City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers and City Administrator ~ FROM: Karen Finstuen Administrative Services Manager SUBJECT: Gambling Premise Permit - Eagle's Club DATE: July 16,2001 INTRODUCTION The Farmington Eagles is requesting a Gambling Premise Permit at 200 3rd Street. DISCUSSION Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. The Farmington Eagles is requesting approval to conduct gambling activity at 200 3rd Street. The appropriate application and fees have been received and the application has been reviewed by the City Attorney. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2001 budget. ACTION REOUESTED Consider the attached Resolution approving a Gambling Premise Permit at 200 3rd Street. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager RESOLUTION NO. R -01 APPROVING A MINNESOT A LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR FARMINGTON EAGLES 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 16th day of July, 200 I at 7 :00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.213, the State of Minnesota Gambling Board may not issue or renew a Gambling Premise Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Farmington Eagles, has submitted an Application for a Gambling Premise Permit to be conducted at 200 3rd Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premise Permit for the Farmington Eagles to be conducted at 200 3rd Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of July, 2001. Mayor Attested to the _ day of ,2001. Interim City Administrator SEAL ~'4~1 City of Farmington 325 Oak Street Farmington, MN 55024 www.ci.farmington.mn.us FAX TRANSMITTAL MEMO No. of Pages: 5 Date: 7/3/01 10:12 AM To: Joel Jamnik From: Cindy Muller Company: Company: City of Farmington Fax#: Fax #: (651) 463-2591 Telephone #: Telephone #: (651) 463-1803 Comments: Attached is an application to renew the Gambling Premise Permit for the Eagle's Club. This will be on the July 16 Council Agenda. Please review and advise if ok. Thank you City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /h TO: Mayor, Council Members, Interim City Administrator W FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Customer Service Response Report DATE: July 16,2001 INTRODUCTION In an effort to meet and understand our citizen's needs and concerns, the City has adopted a customer service satisfaction program. This program is designed to ascertain and measure the level of customer satisfaction during service-related interactions. All citizen contacts with the City are documented in terms of complaint type, referring department, priority of service request and service outcomes. Responses are typically anonymous ensuring that citizens with negative experiences are just as likely to respond as those with positive service experiences. Accordingly, itis the City's intent to use this information as a customer service tool to improve and promote the importance of excellence in customer service. DISCUSSION The table below reflects summary statistics generated by Customer Action Request forms over the months of October, November, December, 2000 and January, February, March, 2001. Summary response percentages are generated through the analysis of monthly reports and include response data from all operating City departments. # of Service # of Surveys Prompt Personally Courteous Month Requests Returned Response Satisfied & Helpful ~~'1' ~.e,":~'i""'~:1 m~ :Q~.. 1'. riN;6iiIIiJiU::.1 1,I5i"poeP:;1 I (aiiqa~:'~""~l i'=~~"~l'w'l fi~bltUWJi;; : LiMri~.~' J r~lInrblir.y.'i'ii~ 39 18 94% 94% 100% 39 24 100% 100% 100% 44 28 93% 82% 100% 58 29 97% 93% 93% 52 35 91% 82% 100% 62 39 92% 87% 100% 293 164 95% 90% 99% The percentages above reflect the number of actual surveys that indicated a response in any given category. Consequently calculations are based on the actual numbers of responses received which may differ from the number of surveys received as some respondents did not indicate answers to specific survey questions. On average, ninety-seven percent (97%) of citizen requests for service are handled and addressed within a 1-3 day period. Typically, from that point it requires approximately 90 days or more to receive, process, compile and analyze the survey response data into monthly reports. In terms of how "promptly the City reacted to citizen requests," the degree of "how personally satisfied citizens were with service outcomes," and was City staff "courteous and helpful" in responding to citizen requests, response data suggests a very high level of customer satisfaction in all three categories. In terms of core customer service skills, City staffhave achieved an impressive 99% rating in "courteous and helpful service" and 95% in "prompt service" regardless of how personally satisfied a resident was with service outcomes. This underscores the City's commitment to treat each resident contact as a highly valued customer service relations opportunity. In terms of how personally satisfied a resident is with a specific service outcome, staff responses are, in most cases, controlled by state statutes, City ordinances, available staff resources and/or service priorities. In some cases, responses are a function of a third party who must respond to a given situation at the insistence of City staff. Overall, a summary rating of 90% over the six month period for how personally satisfied a resident was with a City service response is a very respectable response ratio given the wide range of resident concerns. In review of survey comments, residents commented both negatively and positively on a variety of concerns such as unkept yards, snowplowing issues, icy sidewalks, rusty water, builder correction problems, potholes, plugged storm sewers, traffic sign requests, garbage can replacements and staff responsiveness. BUDGET IMPACT None. ACTION REQUESTED Acknowledge the Customer Service Satisfaction reports from October through December, 2000 and January through March, 2001. Staff will continue to present customer service satisfaction data to Council as it becomes available. Monthly report data with department breakdowns are available for Council review upon request. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~' TO: Mayor, Councilmembers, City Administrator .~ FROM: James Bell, Parks and Recreation Director SUBJECT: Donation - Ramble & Amble DATE: July 16,2001 INTRODUCTION The Ramble and Amble Walk for Cancer has requested use of the puppet wagon. DISCUSSION The Ramble and Amble Committee has contacted staff requesting the use of the puppet wagon at their walk on August 17, 2001. The request is for use of the wagon and part time staff to present the performances. BUDGET IMPACT The committee is requesting the City donate the use of the puppet wagon and labor necessary for the performance. The cost to the City which includes rental and labor would be approximately $50.00-$75.00. ACTION REQUESTED Consider the donation of the use of the puppet wagon and staff to perform at the Ramble and Amble Walk for Cancer. Respectfully submitted, ~~~ James Bell Parks and Recreation Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~, J TO: Mayor, Council Members, M ) Interim City Administraton~" Michael Schultz () .JJ( Associate Planner V" FROM: SUBJECT: Second Quarter 200 I Building Report DATE: July 16,2001 INTRODUCTION The following is a report summarizing the new construction permits issued during the second quarter of 2001. DISCUSSION During the second quarter of the 2001 building construction season the City issued permits. for 48 new single- family homes and 54 owner-occupied townhouse units for a total of 102 new housing units. For the first half of2001 the City has issued 109 new single-family homes, 72 owner-occupied townhouse units and 32 rental townhome units for a total of 181 new owner occupied units and 32 new rental units. Two new commercial permits and one public building permit were also issued during the first half ofthe year; no new industrial or institutional building permits were issued. In comparison to the second quarter of 2000 the number of single-family units issued is down from 79 in 2000 compared to 48 in the second quarter of this year; though the number of owner occupied townhome units increased from 38 to 54. The total number of overall housing units permitted (owner and rental) were almost identical with 213 total units this year compared to 214 total units over the same period of a year ago. The difference in 2001 being less single-family units (109) compared to last year (145) and more owner and rental multi- family units (68 in 2000 compared to 104 in 2001). This was due in part by the issuance of building permits for the 32 unit rental townhome portion of Tamarack Ridge. The average building valuation of the single-family homes during the first half of2001 was $150,300, up from $129,614 through the same period last year. This may be attributed to a number of causes, new valuations established by the State of Minnesota, the completion of new home construction in East Farmington and the increase in the number of moderate and upper end housing units within the city. The average building valuation of the multi-family units for the second quarter was $102,491 (which includes the rental townhomes). Note that the valuation averages do not represent the overall sale or market value of the home; since it does not include the value of the lot or any amenities added to the home that are not part of the building code formula. ACTION REQUIRED No action is required, for City Council information only. Michael Schultz Associate Planner ~ E ... Q) a.. 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TO: Mayor, Councilmembers FROM: Robin Roland, Interim City Administrator SUBJECT: School & Conference - Finance Department DATE: July 16, 2001 INTRODUCTION Attendance at the Minnesota Government Finance Officers Association Conference, held September 19 - 21, 2001 at the Radisson Arrowwood in Alexandria is being planned. DISCUSSION This conference is an annual event for Government Finance Officers within the state organization. Conference events include sessions on GASB 34 financial reporting, internal control, debt structuring, bond ratings and TIF reporting. This conference qualifies as continuing education for professional finance personnel. BUDGET IMPACT The adopted 2001 budget includes funding for this conference. ACTION REQUIRED For information only. ;;;;;2/ - Robin Roland Finance Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 71 TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: School and Conference - Public Works DATE: July 16, 2001 INTRODUCTION The newly appointed Fleet Supervisor will be attending a seminar to enhance his expertise in his new position. DISCUSSION The subject seminar is titled "How to Handle People with Tact and Skill." This seminar is an appropriate learning opportunity for the newly appointed Fleet Supervisor. BUDGET IMPACT The cost of attendance is provided for in the 2001 budget. ACTION REOUESTED For information only. Respectfully Submitted, ~'h1~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: Robin Roland, Interim City Administrator SUBJECT: Supplemental Agenda DATE: July 16,2001 It is requested that the July 16,2001 agenda be amended as follows: CONSENT AGENDA 7 (m) Approve Bills The list of bills included in your packet are for the period ending July 2, 2001. The attached list is from the new financial system for July 2-15, 2001. Respectfully submitted, ~ Robin Roland Interim City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us IO~ TO: Mayor, Council Members, Interim City Administrator FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Vermillion Grove Wetland Alteration Permit DATE: July 16, 2001 INTRODUCTION Rottlund Homes has submitted a Wetland Conservation Act (WCA) Application for road fill on DNR Protected Water Basin (19-353W) in the Vermillion Grove project. The application is required when projects are proposing to impact water/wetland resources regulated by local, state and federal agencies implementing the MN Wetland Conservation Act (WCA) of 1991. DISCUSSION A Notice of Wetland Conservation Act (WCA) Application for this project was mailed on January 31, 2001 and initial comments on the application were due February 22, 2001. The City of Farmington subsequently issued a 60-day extension for submitting comments on this WCA application to June 11,2001. The grading plan indicates that wetland fill to DNR Protected Water 19-353W has been reduced from the original application of 14,800 square feet to 8,400 square feet in the revised application. In addition, the wetland replacement area has been reduced from 14,832 square feet to 8,400 square feet. The project also involves the relocation of the driveway access to Akin Road from the Dale Pettis property. The existing driveway access from the Pettis property will be removed and this area will be regraded to match adjacent slopes. Additionally, the mailbox and spilt rail fence will be relocated. The Developer proposes to relocate the driveway to the back of the Pettis property in order to access 198th Street that requires the wetland fill. Staff, with the assistance of Bonestroo, Rosene & Anderlik Engineering along with the Dakota County Soil & Conservation District has determined the application to be complete and acceptable. The process requires that the City, acting as the Local Government Unit, approve the application and prepare a Notice of Decision for distribution to the reviewing agencies. ACTION REQUESTED Consider approving the Wetland Conservation Act Application for the wetland fill to DNR Protected Water 19-353W in the Vermillion Grove project. #?~ Lee Smick, AICP Planning Coordinator cc: Michael Noonan, Rottlund Homes Minnesota Department of Natural Resources Metro Waters - 120'0 Warner Road, St Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 J. Michael Noonan Rottlund Homes 3065 Centre Point Drive Roseville, MN 55113 RE: Application for Road Fill, DNR Protected Water Basin (19-353W), City of Farmington, Dakota County Dear Mr. Noonan: We have reviewed the materials you submitted and determined that (see "X"ed item below): o No DNR authorization is needed for the project you propose, as the project will not be located within a lake, wetland or stream subject to DNR Water Permit jurisdiction. Approvals or permits may be required from other federal and/or local government units. o Your proposed project is located within a lake, wetland or stream subject to DNR Water Permit Jurisdiction, but no DNR permit is needed if the project is constructed in accordance with the submitted plans and/or description. Approvals or permits may be required from other federal and/or local government units. o Your proposed project is located within a lake, wetland or stream subject to DNR Water Permit Jurisdiction, but your project is covered under a General Permit issued by the DNR (COpy enclosed). Please read the permit conditions to ensure compliance with this Permit. 8 The project you propose is within a DNR Public Waters Wetland(s), but DNR Water Permit jurisdiction has been waived to your Local Government Unit (LGU) responsible for implementation of the Wetland Conservation Act. You should contact Lee Smick at the City of Farmington (651) 463-7111 for Wetland Conservation Act compliance information. B. Other Comments: Attached is the submitted application fee of $500.00. Notice: The DNR may be involved in review of your project proposal through comments to other government agencies or the local unit of government. If you have any questions, please contact me at 651-772-7910. Sincerely, .....-....~. j L.... .J" . i..*') .:. j .~..'}.\ ~Ji Jj.~ ~" ~;~y,~7- ._.,<~ ~_ ...~ ~J j',I'l.~ \ . .",lli.-~",,' ~ '.:. " "" W''P'''' Patrick J. Lynch ill ,.~S Area Hydrologist c: Peterson Environmental, Ron Peterson Bonestroo, Rosene, Anderlik & Assoc., John Smythe City ofFannington, Lee Smick .....-. Dakota County Soil and Water Conservation District, Brian Watson U.S. Army Corps of Engineers, Gary Elftmann DNR Conservation Officer, Ross Opsahl Lake (19-353W) File DNRInfonnation: 651-296-6157 · 1-888-646-6367 . TrY: 651-296-5484 . 1-800-657-3929 An Equal Opportunity Employer Who Values Diversity Printed on Recycled Paper Containing II Minimum of 10% Post-Consumer Waste DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT Dakota County Extension and Conservation Center 4100 220th Street West, Suite 102 Farmington, MN 55024 Phone: (651) 480-7777 FAX: (651) 480-7775 www.dakotaswcd.org June 8, 2001 Ms. Lee Smick City Planner 325 Oak Street Farmington, Minnesota 55024 Ref.: 00-FRM-036 RE: WETLAND CONSERVATION ACT APPLICATION - VERMILLION GROVE DEVELOPMENT Dear Lee: By letter dated June7, 2001 our office received a revised grading plan for the above reference project. 1bis grading plan indicates that wetland fill to DNR Protected Water 353W has been reduced from 14,800 square feet to 8,400 square feet. In addition, the wetland replacement area has been reduced accordingly. A Notice of Wetland Conservation Act (WCA)Application for this project was mailed on January 31,2001 and initial comments on the application were due February 22, 2001. The City of Farmington subsequently issued a 60-day extension for submitting comments on this WCA application. 1bis comment extension expires June 11,2001. Based on our past meetings and the additional information submitted by the applicant, we feel that the mitigation sequencing requirements under the WCA have been adequately addressed. All other aspects of the original WCA Replacement Plan Application including seeding specifications, monitoring of the wetland replacement area, and incorporating erosion control devices are not considered to have changed. We appreciate the efforts of the applicant, Mr. Dale Pettis, and the City in keeping communications open and searching for a practical solution $it avoids wetland impacts to the best possible extent while still providing a suitable access to the development. Good implementation, consistent monitoring, and maintenance of all erosion control measures are important to minimi7.e soil loss from this construction site and reduce secondary impacts to this wetland. Pending comments from other agencies and ultimately City approval, the City may begin preparing a Notice ofWCA Decision for distribution. If you have any questions please contact me at (651) 480-7778. Sincl"'rely, J ( ~N~~ Brian Watson, District Manager Dakota County Soil and Water Conservation District cc: John Smyth, Boonestroo & Associates Michael Noonan, Applicant Paul Thomas, Pioneer Engineering Dale Pettis, Landowner Michael Timpson, Peterson Environmental Consulting Phil Belfiori, Minnesota Board of Water and Soil Resources Kathleen Wallace, Minnesota Department of Natural Resources Doug Norris, Minnesota Department of Natural Resources Dan Seeman, U.S. Army Corps of Engineers Lisa Ring, Vermillion River Watershed Management AN EQUAL OPPORTUNITY EMPLOYER . . . \ WETLAND F-P7.2 NWL=908.0 HWL=909.5 DNR PROTECTED WATER 353 OHW=908.7 / ..... ...*Jf. *lD1J~ -Ir ::1_ * Jf.,0Jf. * 'z* 111m Ilj~ II : !~m ;' id ~ "I __ i" it; - I I & . ~~ =!i ia.~ ~ii Ii:: !.!f !:;D'2. h! ~""I ii is. 1~ -3 I; a1 {l ;~ it I f ~ ~ """':"'" XI ;"'!"~~ r t'f' i nooll bt~. ::t:l:l~ -99 ~~~ :"" ~~~~ r ~~~2 s ~ "i'li' i !!. it ~ .. ~ ~ ~ , ~ , o ~~ -1~ ~~ 2M o ~ \J )> o -l )> Z o s: ::! 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J:I ... :0> ,..,r- or S;'" :Or ""0 ~~ 8~ ..,0 ffi~ ~~ ~~ ~$<' "'... ,.., -I Ii! o o '" '" o I g I '" r " 3 II> i:> ~ ! ... iii o FT1 -l ~ r to..) . r FT1 C) ITl Z o '" ~ 0 00 0 + 8 U) ? FT1 0 '" -l 0 0 Z + 0 g I 0 + '" 0 . . . '" N o i!i -l lj; Z o ;:: 3 ~ > :I o z ~ ;:l > Z o .., F :J: ,.., > ~ '" c: ~ !I! r- -l .., ,.., Z o ,.., " , , , , "- -. " ..... ~. " - -- //" '/..' .-::.- ..::;: . ............... /-/'/r-' ~~ ,,/ /.... /" ~ -:;'--:~//~ ~>-;:. ~ ,.,...,........ ....... ....... ....... <. ....... ...... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us /06 TO: Mayor, Council members, d1\../ Interim City Administ0Pato ,~ Lee Smick, AICP Planning Coordinator FROM: SUBJECT: Request for Time Extension for Filing of Final Plat - Vermillion Grove DATE: July 16, 2001 INTRODUCTION/DISCUSSION The Developer received approval from the City Council for the Vermillion Grove Final Plat on February 5, 2001. Section 11-2-3 (E) of the City Code requires that upon approval of the final plat by City Council, the Developer shall record the final plat with the Dakota County Recorder within seventy-five (75) days after the approval, unless a time extension is requested by the Developer and submitted in writing and approved by the City Council. Therefore, the Vermillion Grove Final Plat should have been recorded by April 20, 2001. However, the Vermillion Grove Development Contract explains in article 2( d) that "the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat or 30 days after the execution of the Development Contract." Therefore, the Developer assumed that either filing method would be suitable. However, the City Code only discusses the 75 day filing requirement, therefore the Developer was requested to submit a letter to the City seeking a time extension for the filing of the final plat. The City Attorney's office has been contacted concerning the wording of the Development Contract and they have suggested to eliminate the filing method of "30 days after the execution of the Development Contract" from future Development Contract language in order to remain consistent with City Code requirements. As stated on the attached letter, the Developer has requested an extension for recordation of the Vermillion Grove Final Plat to the end of October to allow Rottlund Homes to obtain the required securities as stated in the Development Contract. ACTION REQUESTED Consider a time extension for the filing of the Vermillion Grove Final Plat with the County Recorder to the end of October. ~~ Lee Smick, AICP Planning Coordinator Cc: 1. Michael Noonan, Rottlund Homes ~ ROTTLUND HOMES A DMSION OF THE ROTILUND COMPANY. INC. July 6, 2001 Ms. Lee Smick, Planning Coordinator, Community Development Department, City of Farmington, 325 Oak Street, Farmington, MN 55024 Dear Ms. Smick, RE: Final Plat - Vermillion Gove This is further to our telephone conversation July 6, 2001. As you are aware, we have recently finalized the Development Contract for the above- noted development. Weare in the process of obtaining the required securities. We anticipate that we will be providing the City the fully executed Development Contract and requisite letter of credit shortly. In view of this, we request the City's indulgence in terms ofthe recording of the plat. Notwithstanding the provision of article 2( d) of the Development Contract, we would respectfully request an extension until the end of October to permit the recording of the plat. Trust this meets with your approval. J.' ichael Noonan, . e President, Minnesota Division JMN/jmn G) u~=s'::U~~~~ MLS EQ~~~W; 3065 CENTRE POINTE DRIVE ROSEVILLE, MN 55113 (651) 638-0500 FAX (651) 638-0501 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IOe., TO: Mayor and Councilmembers dJ Interim City Administrator V FROM: David L. Olson Community Development Director SUBJECT: Annexation Petition - William Adelmann Property DATE: July 16,2001 INTRODUCTION William and Audrey Adelmann had previously filed a petition to annex 150.96 acres located in the NE y,. of Section 1, Eureka Township. DISCUSSION The City had previously provided Eureka Township notice that an annexation petition for 150.96 acres located at the corner of Denmark Avenue and 220th Street had been filed with the city. State Law provides that Eureka Township has up to 90 days to file a formal objection to the annexation petition. Eureka filed this notice on May 14, 2001 with Minnesota Office of Strategic and Long Range Planning -Boundary Adjustments and the City of Farmington. According to information provided by the City Attorney, the following steps would need to be followed if the City wishes to continue to proceed with the annexation petition: 1) The City would adopt a formal resolution accepting the annexation petition and forward that document to the state. 2) The State Office of Boundary Adjustments would take jurisdiction of the matter and determine if the Township's objection was filed in a timely manner. 3) The State would set the matter for a hearing within 30-60 days of receiving the petition. 4) The state has indicated that prior to the hearing that the parties would be required to meet by themselves at least three times to work things out and report the results. 5) If still unresolved, mediation will be the next step delaying the hearing date and would cost the parties between $2,000 - $4,000. 6) If still at an impasse, arbitration or an Administrative Law Judge Hearing would be conducted at a cost of $15,000-$25,000. 7) Litigation of the result of this process is also a possibility with an undetermined cost. As is evidenced and previously indicated to the Council, the process can become time consuming and expensive. ACTION REQUESTED The Council needs to consider the following options: 1) Instruct staff to prepare a resolution accepting the annexation petition and forward the resolution to Minnesota Office of Strategic and Long Range Planning for them to process the annexation as outlined above. 2) Consider a motion indicating that the City does not wish to further pursue the annexation petition received from William Adelmann at this time. Respectfully submitted, a~KvA~ ~~..J David L. Olson Community Development Director cc: William and Audrey Adelmann Beverly Topp, Eureka Township Board Chairperson EUREKA TOWNSHIP Dakota County State of ~Iinnesota May 14,2001 , i - Eureka ToWnship 24498 Cedar Ave. Farmington, Minnesota 55024 Minnesota Office of Strategic and Long Range Planning Boundary Adjustment 658 Cedar Street St. Paul, Minnesota 55155 To Whom It May Concern: With this letter Eureka Township is filing an objection to the annexation petition presented to you by William and Audrey Adelmann in the matter of 150.96 acres in the NE Y4 of Section 1, Eureka Township. Their petition asks that the above named property be annexed into the city of Farmington, Minnesota. We understand your office will contact us about the process that will follow this notification. } Sincerely, ~/..J~ Beverly Topp Township Board Chairperson Eureka Township Cc: City of Farmington William and Audrey Adelmann Dakota County Board of Commissioners Adelmann Property Petition ADELMANN ,(\/~ City Boundary City Parcel Map D Actual Property Boundary Proposed Annexation Area N W*E s City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /Od TO: Mayor, Council Members, ~ Interim City AdministratorW Michael Schultz Associate Planner FROM: SUBJECT: Petition for Comp Plan Amendment from No Designation to Business and to Rezone property from A-I (Agriculture) to B-1 (Limited Business) DATE: July 16,2001 INTRODUCTION The applicants, Lowell & Janet Benham, 21228 Chippendale Ave, are seeking approval to amend the 2020 Comprehensive Plan from No Designation to Business and to Rezone properties from A-I (Agriculture) to B-1 (Limited Business). The two parcels are located on the northeast comer of Trunk Highway 3 and 213th Street (see attached map). DISCUSSION The subject two parcels, totaling 1.88 acres, were approved for annexation 'on June 18; 2001. City Ordinance determines that the property be zoned A-I (Agriculture) until the'property may be rezoned (see attached language in Section 10-2-7 (b)). The properties were not considered within the 2020 Comprehensive Plan because they were still apart of Empire Township. The existing land use for the property is single-family residential; one home is located on each parcel of land. North of the subject property the land is currently vacant but zoned B-1 (Limited Commercial). To the west is single-family residential and zone R-I (Low Density) residential. The land lying south is also zoned R-I (Low Density) but the land use consists of the Farmington Clinic and vacant hospital property. Across the Trunk Highway 3 exists single-family homes that are zone R-2 (Medium Density) residential. Attached to the memo is a copy of Section 10-3-2 (C): Permitted and Conditional Uses within the B-1 Limited Business district. The B-1 zoning district is located scattered along certain segments of Trunk Highway 3 to accommodate vehicular oriented type businesses. MUSA is currently not designated on this property but will receive MUSA designation as part of the "exception" rule for properties that contain failing septic systems. The Planning Commission held a public hearing on July 10, 200 I to consider the proposed amendment and zone change. No public testimony was given and the Commission forwarded a recommendation of approval onto the City Council. City staff is currently in the process of coordinating realignment of the frontage road along Trunk Highway 3 to be relocated to the rear of the fronting properties. The property owners are willing to "swap" the property containing the frontage road with the necessary right-of-way needed for the new roadway. The road realignment does not have any direct impact on the re- zoning of this property and is for information only. At this time there is no proposed development plans for this property. ACTION REQUESTED Consider adoption of the attached resolution amending the 2020 Comprehensive Plan from No Designation to Business. Consider adoption of the attached ordinance rezoning the subject property from A-I (Agriculture) to B-1 (Limited Business) concerning the subject property as described on the attached legal description. Michael Schultz Associate Planner cc: Lowell & Janet Benham Gil Anderson RESOLUTION NO. R - 01 AMENDING THE COMPREHENSIVE PLAN PROPERTIES LOCATED AT THE NORTHEAST CORNER OF TRUNK HIGHWAY 3 AND 213 TH STREET - BENHAM PROPERTY 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 16th day of July, 2001 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the property owner, Lowell and Janet Benham, have initiated a Comprehensive Land Use amendment for 1.88 acres of land for the properties located at the northeast comer of Trunk Highway 3 and 213th Street from No Designation to Business; and, WHEREAS, the Planning Commission, held a public hearing held on the 10th day of July, 2001 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and, WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendment for the properties located at the northeast comer of Trunk Highway 3 and 213th Street from No Designation to Business; NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the 2020 Comprehensive Plan for the properties as legally described on Exhibit A, and located within the City of Farmington from No Designation to Business contingent upon the following: 1. Subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day ofJuly, 2001. Mayor Attested to the _ day of , 2001. Interim City Administrator SEAL ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING ORDINANCE, REZONING THE BENHAM PROPERTY THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-2-8(B) of the Farmington City Code is amended by adding a new subsection rezoning the property legally described on the attached Exhibit A from A-I (Agriculture) to B-1 (Limited Business). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-2-1 of the Farmington City Code, shall not be republished to show the aforesaid zoning, but the City Planner shall appropriately mark the Zoning Map on file in the City Hall for the purposes of indicating the rezoning provided for in this ordinance. SECTION 3. This ordinance shall be effective immediately upon its passage. ADOPTED this 16th day oOulv. 2001, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: Robin Roland Interim City Administrator Approved as to form the _ day of 2001. City Attorney Published in the Farmington Independent the _ day of 2001. 66074 Exhibit A parcel A: The West 2 acres of the Souch 6 acres of the South half of the Northwest quarter of the Northwest quarter of Section 32, Township 114, Range 19. EXCEPTING THEREFROM a trace of land described as follows: Commencing at ehe Northwest corner of the ~aid west 2 acres of the South 6 acres of the south half of the Northwest quarter of the Northwest quarter of said Section Thirty-two; thence East 170 feet; thence South 60 feet; chence West 170 feet; thence North 60 feet to the place of beginning. Parcel B: All that part of the Northwest Quarter of the Northwest Quarter of section 32, Township 114, Range 19, described as follows: Commencing at the Northwest corner of the South 6 acres of che South Half of the Norchwest Quarter of the Northwesc Quarter, thence East 170 feet, thence Souch 60 feet, thence West 170 feec, thence North 60 feet to the place of beginning, according to the Govern.men t Survey thereof. 10-2-7: USES NOT DESIGNATED: (B) Land areas which may be added to the City by annexation, merger or other means shall be classified A-I Agricultural until such time that the City Council may rezone the added territory to more appropriate classifications. (Ord. 095-359, 10- 2-1995) Definition of B-1 (Limited Business): B-1 Limited Business District is intended to provide areas along major thoroughfares for unified commercial centers oriented to serving automobile traffic. Permitted Uses (G) B-1 Limited Business District I. Retail business Conditional Uses 5. Animal clinics 6. Commercial recreation 7. RecreatioIlal equipment sales, service and repair 8. Motor fuel stations, major 9. Clubs, health clubs 10. Home and trailer sales and displays II. Parking lots 12. Clinics I. Water recreation and water storage 2. Public buildings 3. Public utility buildings 4. Farm implement sales, . . servIce, repaIr 5. Offices 6. Wholesale business 7. Supply yards 8. Fast food establishments 9. Theaters 10. Mini-storage units II. Outdoor sales 12. Personal and professional servIces 13. Car wash 14. Solar energy systems 15. Daycare facility serving more than 16 persons 16. Recreational assembly places 17. Auction houses 18. Residential care facilities serving more than 6 persons (Ord. 086-177, 3-17-1986; amd. Ord. 090-227, 2-5-1990; Ord. 091-246, 5-20-1991; Ord. 095-345, 1-3-1995; Ord. 099-424, 3-1-1999) 2. Auto sales, service, repair 3. Restaurants 4. Hotels and motels c o -- +oJ CO (.) o -.J ~ 1: Q) c.. e a.. E CO ..c c Q) aJ c....... co . ::rEM c ro a.. 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'" C/) .... z ~ ~ ::: ~ ~ 0 i5 ~ ~ ~ 0 ~ l!l 0 Ul U. 0 i!: 0 w ..- ~ ~ \1 ill "is "5 .~ e " Q. 0' 5 0 ~ __ _ IS .5] ~ I~~~U f~~ ~ c:: Q....5.5 g] = -~ .<<1'2 -:g~- 0..) ~ 0' e ~ ~'r;;; 0 0 ~ g E :J .~ u .- ~ OJ) C ~ a a co ~ ~ ~ .~ ~"2 r:i: ~ "t:f ~ Q 5 8 ~ ~3 ~~~e ~~~~e]~8~Q - C~S~~=,,~~.~~,,-.~~~~ ~ .u~~.~fi~'~gggc~~ou.~.~ ~~E<<~O~zu~~o~~~~~~ b:J'~~~~~~~~~---o~~~- U~~<<~~~~U~~~~~~~~~ <~IIIII~IIIDIIJDII UJ z.~ ~ I J rn ~ U .~ S .b rn r- .~ Q en bI) I ~ r- .~ C") ~ "'r"'"" ~ 0 N I N ~ ~ 0 bn ~ .~ ro ~ ~ 0 .0 .~ u .- en w z a.. .- en z <i: ~ N ~ .- en ~ ....J W City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651)463-2591 www.ci.farmington.mn.us TO: City Planning Commission FROM: Michael Schultz rv n Associate Planner W SUBJECT: Petition for Comp Plan Amendment from Agriculture to Business and to Rezone property from A-I (Agriculture) to B-1 (Limited Business) DATE: July 10,2001 INTRODUCTION The applicants, Lowell & Janet Benham, 21228 Chippendale Ave, are seeking approval to amend the 2020 Comprehensive Plan from Agriculture to Business and to Rezone properties from A-I (Agriculture) to B-1 (Limited Business). The two parcels are located on the northeast comer of Trunk Highway 3 and 213th Street (see attached map). Plannine: Division Review Applicant: Lowell & Janet Benham 21228 Chippendale Ave Farmington, MN 55024 Attachments: I. Location Map 2. 10-3-2 (C): Permitted and Conditional Uses - B-1 (Limited Business) 3. 10-4-2: Table I 4. City Zoning Map (see subject area) 5. 2020 Comprehensive Land Use Plan (see subject area) Property Location: The subject property is located in the northeast comer of Trunk Highway 3 and 213th Street W. Acres: Total for both parcels 1.88 acres (.16 acres are right-of-way easement) Current Zoning: A-I (Agriculture) Current Land Use: Residential (there are two single-family homes on two lots) Property Annexation Date: June 18, 200 I 2020 Comprehensive Land Use Designation: Property was annexed and not apart of 2020 Comprehensive Plan, by ordinance is required to be zoned A-I (Agriculture) when annexed until further review is completed. Surrounding Land Uses: Future commercial to the north, Low density residential to the east and also west across Trunk Highway 3, Institutional to the south. Surrounding Zoning: The property to the north is zoned B-1 (Limited Business), the property to the east and south is zoned R-l (Low Density), the property to the west is zoned R-2 (Medium Density). (see attached zoning map). MUSA Designation: MUSA is currently not designated on this property but will receive MUSA designation as part of the "exception" rule for properties that contain failing septic systems. DISCUSSION The applicants, Lowell and Janet Benham, are seeking approval to amend the 2020 Comprehensive Land Use Plan from Agriculture to Business for 1.88 acres of property located east of Trunk Highway 3 and north of 213th Street (see attached 2020 Comprehensive Plan map). The applicant is also seeking to rezone the property from A-I (Agriculture) to B-1 (Limited Business) for the same described property (see attached zoning map). A-1 (Agriculture District) is intended to protect existing agricultural investments until such time as public utilities may be extended and there is need for additional urban development land. B-1 Limited Business District is intended to provide areas along major thoroughfares for unified commercial centers oriented to serving automobile traffic. The subject properties were annexed from Empire Township on June 18, 2001 and were not included as part of the 2020 Comprehensive Plan. City Ordinance requires that properties be classified A-I Agricultural until rezoned (see 10-2-7: Uses Not Designated). 10-2-7: USES NOT DES1GNATED: (B) Land areas which may be added to the City by annexation, merger or other means shall be classified A-1 Agricultural until such time that the City Council may rezone the added territory to more appropriate classifications. (Ord. 095-359, 10-2-1995) The property located directly to the north, along with other properties located along Trunk Highway 3 have been zoned B-1 (Limited Business) due to the location along a major thoroughfare. City staff is currently in the process of coordinating realignment of the frontage road along Trunk Highway 3 to be relocated to the rear of the fronting properties. The property owners are willing to "swap" the property containing the frontage road with the necessary right-of-way needed for the new roadway. The road realignment does not have any direct impact on the re-zoning of this property and is for information only. At this time there is no proposed development plans for this property. ACTION REQUESTED Staff recommends forwarding a recommendation of approval on to the City Council for the proposed Comprehensive Plan amendment from Agriculture to Business and also to rezone of the property from A-I (Agriculture) to B-1 (Limited Business) for the subject property. cc: Lowell & Janet Benham , 0-4-2 :; w ::l Cl :;I-~ -ow x..J> < 0 :; u W ..J ::l < ,... m I- Z ::l Clw ~a: ~u -"< wa: ~w o~ m m o a: Cl ..,. 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',' '" ,., .'" ... '," Co, , ____....._M_. -- ""'--oG----- - ..., r\ (.:p c;-- ...::r...". ...,..._..t'I!_._.._.~._._._..:ft ,Ii l) .... ,. ) I :: {J' ,. / . *.. · ~ -.---.... ; i I I ~ ( It r213TH STREET (C.R.72) ~ i i . \: ; ; 1'/. \! I : . I f I I I \ I : ; Ii \ I ! J ..', ~ I . I I I I ! i f f if J · . I t I ..___J ) I' I - II "~.-,, . .......-----. -1 -- --..--..-..-.. 'S 6516361311 06/13/01 11:48 ~ :02/02 NO:226 I , , , ....--..-.. ~ \ , "--- .' ..' ( '....".. . !: ~ .' .". 'T]JJ o ,. \ \ \ I I I 1 ['-" .. ,.: ': . !:: ". I ,., - ... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 10 e.- TO: Mayor, Councilmembers, City Administrator W FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Trunk Highway 3 Bridge Project - Funding Considerations DATE: July 16, 2001 INTRODUCTION The Minnesota Department of Transportation (MnDOT) is proposing to replace the bridge on Trunk Highway 3 located just north of County Road 66. This bridge is located in Empire Township. DISCUSSION There are two funding issues related to the replacement of the bridge for Council consideration. Bridge Aesthetics MnDOT's initial contact with the City regarding this project brought forth the issue of possible bridge aesthetics (see attached documentation). MnDOT would participate in the costs of aesthetic improvements for the bridge up to 5% of the construction cost of the bridge, or approximately $25,000 - $30,000. This cost participation would allow for a painted railing and coloring of the concrete on the bridge. Improvements similar to the aesthetic treatments on the bridge over the river on CSAH 50 could cost in the range of $75,000 to $100,000 or more. Costs over and above MnDOT's cost participation levels would have to be paid for by Empire Township and/or the City. At previous meetings regarding this project, the representative from Empire Township has indicated the Township is not willing to fund additional aesthetic improvements on the bridge over and above the improvements MnDOT would fund. It was indicated at the same meeting that the City would not be able to participate in the aesthetics of the bridge since the bridge is not within the City limits. This issue is forwarded to Council this evening for discussion and verification of Council's policy in this matter. Turn Lane for future 20ffh Street The future geometrics of the intersection of Trunk Highway 3 and County Road 66 have been reviewed as part ofthe pre-design of the bridge. As Council is aware, it is in the City's transportation plan and the County has identified the need that 208th Street be extended westerly in the future from its current terminus to Trunk Highway 3 at the intersection with County Road 66. In the future, when 208th Street is extended to TH 3, a right turn lane for south bound traffic on TH 3 needing to go westerly on 208th Street will need to be part of the intersection geometrics. The option of providing for that turn lane now with the proposed bridge construction has been reviewed. The estimated cost to expand the bridge to include the right turn lane is approximately $61,000 (see attached letter dated 6/13/01). It is recommended that this turn lane be included with this project now due to the future construction cost implications and unknowns regarding possible changes to design standards. MnDOT would require that the City pay for 100% of the cost of the additional improvements necessary to construct the bridge to accommodate the future right turn lane. It is staff's understanding that this is consistent with MnDOT's current cost participation policy. BUDGET IMPACT City participation in improvements for the bridge would need to be funded out of the Street Construction Fund. The Street Construction Fund has sufficient funds to pay for the estimated cost of the subject turn lane improvements. ACTION REQUESTED I. Council review and discussion of the issue regarding the aesthetics of the proposed bridge. 2. Authorize staff by motion to indicate to MnDOT the City's desire to see the southbound right turn lane constructed with the proposed bridge project and that the City would agree to pay for the additional costs to construct the bridge with the subject turn lane. Respectfully Submitted, ~h1~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file ',I,)("\"NE~sor4 'to !;7 - l> ';;; :n l-- -' Q: ~1- l) r OF Tf\~" Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 :.:------'{=-s---..::;..---.::;";;:--:;::----;::'.-; 7:.-",' ...... "',',' ',' ,,::; C2 n-- U \' " 'en" "-" "\ I -" "~2 V'J 1:::J , -' : "\ .~::J ~~1 -.-.:J . li-.~ I' \ .:; 'l [~.- - ~:;:~-lq ~ " ,j: APR - 9 2001 ! Ii; April 6, 200 I {''i'' Un. '- JU;'/ Lee Mann Farmington City Engineer 325 Oak Street Farmington, MN 55024 SUBJECT: AESTHETIC TREATMENT AND BIKEWAY ON BRIDGE 6696 OVER THE VERMILLION RIVER Dear Mr. Mann, As we discussed per our phone conversation on April 4, 2001, I am providing you with additional information regarding the potential aesthetic treatment and bikeway for the replacement of Bridge number 6696. Bridge 6696 is the first bridge north of County Road 66 and spans the Vermillion River. This bridge is currently scheduled to be replaced during the summer of2002 and has a November 2001 letting date. In a letter dated October 17, 1994 the City requested that ornamental railing and decorative lighting be considered with the bridge replacement. The type of lights and railing shown in the letter would not be acceptable for this bridge because they would not meet crash standards for the posted speed. I have enclosed the 1994 letter for your information. As we discussed per our phone conversation, this bridge does fall outside the city limits of Farmington and within Empire Township. Ifthe City decides it wants to and can spend money on this bridge, it would be acceptable to MnlDOT. According to MnlDOT's cost participation policy, this bridge could potentially receive a maximum of 5% of the construction cost in additional funds to be used towards aesthetic treatment. The added 5% in funds would amount to about $29,000. Any costs over $29,000 would have to be paid by the requesting entity. One possible aesthetic treatment is to add rustication to the outside of the bridge and wing walls. If lighting and railing are still desired, both must meet crash standards and not pose a traffic hazard. Safety is a primary consideration. Any lighting attached to this bridge would most likely pose a hazard. Lighting that is not attached to the bridge would need to be funded 100% by the requesting entity. In addition, any routine maintenance on added aesthetes would also have to be done by the requesting entity, along with paying for the power of any lighting. The cost participation policy that Mn/DOT has developed is intended to establish a reasonable and equitable limit for Mn/DOT participation. It is not a required level of spending on a particular bridge. Aesthetic participation levels applicable to a project will An equal opportunity employer be determined on a project by project basis by the District in consideration of factors such as funding, transportation and infrastructure needs of a truck highway system. In regards to the bike path, I am unaware of what the future plans for the path entail. The future plans for the trail could determine who would be responsible for funding and constructing the path. We are currently designing a bridge with (2) 12 foot shoulders to accommodate on road bicycle usage. Mn/DOT's policy is to support local efforts by striving to make trunk highway right-of- way available for bikeway and multi-use trails when necessary and when requested by other agencies. In order to place atrail on Mn/DOT right-of-way, the initiating agency must secure Mn/DOT approval and a Limited Use Permit which would provide for Mn/DOT design review and plan approval, Mn/1)o1 construction review aIld acceptance, and an Interagency Maintenance Agreement. The inplace trail was constructed under two separate Limited Use permits applied for by Empire Township. One permit was initiated in 1987 for the construction of the pedestrian/bike path from 194th Street to 200th Street; while the second permit in 1988 was for the continuation of the path from 200th Street to 205th Street. Please let me know what the City's intentions are in regards to the aesthetic and trail issues on this bridge. If you have any questions or want to discuss these issues further, please call me at 651-582-1637. Sincerely, X&i MJi- Katie Hetchler Project Manager . . '. :: I :, :'" . . . .1". ,,'; ,~~';::':;':i: :<}~..'.>'.: :'. '<::, ....'), ."\, ..' ,:.,' . ,': . " ,'. ',4',,' ..... ..: " .. 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L:J I;: 'II ;. . -/!l L I Jt>>J I 5 2001 1101 L nil) I~ June 13,2001 Lee Mann Farmington City Engineer 325 Oak Street Farmington, MN 55024 SUBJECT: PRELIMINARY COST ESTIMATE FOR ADDITIONAL TH 3 CONSTRUCTION Dear Mr. Mann, As a follow-up to our meeting on June 4th, 2001 I am providing you with preliminary cost estimates for widening bridge 6696 now versus in the future, The cost estimates for the various options listed in Table I are in today's dollars and should be within 20% of the actual construction costs today, To widen the bridge in the future, the dollar amount will have to be adjusted upward to include design, contract administration, mobilization, inflation, and possibly additional environmental impacts. Table 1. Alternatives to Construct the Southbound Right Turn Lane City's Portion of Bridge City's Portion of Bridge Cost & Roadway Cost Alternatives (Today's Dollars) (Today's Dollars) Widen bridge additional 6' under SP 1921-6696 $50,700 $60,750 (Substructure and Decking) Widen the Substructure 6' $19,000 (Substructure) $19,000 under SP 1921-6696 and add $30,200 (Decking) + $35,900 (Bridge) Decking at a later date $5,700 (Railinf{, salvaf{e & replace) + $17,000 (Roadway) $35,900 Future and $19,000 today $71,900 In the future extend $75,600 (Bridge) Substructure 6' and add $75,600 + $17,000 (Roadway) Decking $92,600 Italicized numbers represent future spending in today's dol/ars, Due to the circumstances, Mn/DOT is asking the City to pay for 6-feet of the 12-foot right turn lane if constructed with State Project number 1921-6696, Mn/DOT had intended to place two 12-foot shoulders on the bridge, If the southbound right turn lane is added now for the future CSAH 66 connection into Farmington, Mn/DOT will place a 6-foot shoulder next to the right turn lane, The 6-foot shoulder width off of the right turn lane currently meets Mn/DOT's minimum design standards for this roadway type, In the future Mn/DOT reserves the right to increase the minimum shoulder width as design standards may change, After sharing this information with your City Council on July 2, 200 I, please let Linda Heath know what your decision is by July 5, 200 I, As of June 20th, Linda Heath will become the Project Manger for this job. If you have any questions, please feel free to call me at 651-582-1637 or Linda at 651-582-1310, Thank you for all your input in this project. Sincerely, KaAi. tJdztJ- Katie Hetchler Cc: Tim Gross Linda Heath Sue Klein Lezlie Vermillion Jane Krebsbach File An equal opportunity employer City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IOf TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: ISD 192 - Request for Improvements DATE: July 16,2001 INTRODUCTION Independent School District 192 has requested installation of infrastructure improvements necessary for the development of the new elementary school site to be located west of the Charleswood development, south of I 95th Street, on the former Nordseth property (see attached letters). DISCUSSION In order for the School District to develop the new elementary school, sanitary sewer and water main need to be extended to the site and 195th Street needs to be extended westerly from its current terminus west of CSAH 31. Sanitary sewer would need to be extended from the south out of the Charleswood development. Water main would be routed from the east and ultimately would be looped through the site to the south. 195th Street is a County Road and the County Engineer, Don Theisen, has indicated that the County would ask the City to construct 195th Street on behalf of the County. An agreement would be drawn up between the City and the County to define terms of the project and cost sharing allocations. BUDGET IMPACT The budget impacts and cost allocations for the requested improvements will be outlined in the feasibility reports. ACTION REQUESTED Adopt the attached resolution ordering the preparation of feasibility reports for the 195th Street, sanitary sewer and water main improvements requested by the School District. Respectfully Submitted, tit- m~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R - 01 ORDERING FEASIBILITY REPORTS for 19STH STREET EXTENSION, SANITARY SEWER IMPROVEMENTS AND WATERMAIN IMPROVEMENTS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of July, 2001 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, it is proposed to improve 19Sth Street, County Road 64, on behalf of Dakota County, from its current westerly terminus west of CSAH 31, to the west to serve proposed School District facilities, and to assess the benefited property for all or a portion of the cost ofthe improvement, pursuant to Minnesota Statutes 429 and; WHEREAS, it is proposed to extend sanitary sewer and water main improvements to serve said proposed School District facilities and to assess the benefited property for all or a portion ofthe cost of the improvements, pursuant to Minnesota Statutes 429. NOW THEREFORE, BE IT RESOLVED that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in conjunction with some other improvement, and the estimated cost of the improvement as recommended. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of July 2001. Mayor day of ,2001. Attested to the City Administrator SEAL Farmington Independent School District 192 Excellence, Integrity, Innovation DOUGLAS BONAR DIRECTOR ~UILDINGS & GROUNDS OFFICE 5 10 WALNUT STREET FARMINGTON, MN 55024-1389 PHONE: (651) 463-5060 FAX: (651) 463-5061 City of Farmington Public Works Department 325 Oak St. Farmington, MN 55024 I r;', r=} <<? :'j ,:';/ ,';< <1\ : , ., , ,"~ \"~,:) l..-::t ',- ',.. ' .. " " ' 'I J ;) __--II ,; - ---..-.: ; . Iii !I " : \I ' 'i . ~ M^Y 2 9 -,1'1.:, ',:', i ''"\1 :..-'.....,1,.;1 ,I 0\ May 22, 200 I Attn: Lee Mann, P,E" Director of Public Works Re: New K-5 Elementary School Request for initiation of public improvements to 19Jth Street Dear Mr. Mann: This is to request that your staff, and the City's consultant as necessary, initiate and complete the design and make all provisions for construction for the extension of 195th Street west of it's current termination approximately '14 mile west of Everest Path to Middle Creek. The project should also include the extension ofthe trunk mains for the water and sewer from their current locations and in accordance with the 2020 comprehensive plan. As you know, School District 192 is purchasing the property lying east of the creek for the purpose of constructing an elementary school on the north half of the parcel and an undetermined future use on the south. Therefore, coordination of the design will need to occur concurrently with design development for the school parcel. The current schedule for school design and construction has construction starting in late spring with school occupancy in September of2002. The District will make the site topographic survey available to you to aid in completion of your design. This includes a portion of the site west of the creek for a distance of 200 feet from the centerline, a distance of200 feet north of the projected centerline of I 95th Street adjacent to the school property, and the existing right-of-way of 195th Street east of the school parcel. District staff and our AlE consultant, A TS&R, will be available to assist you in coordinating the design. "AN EQUAL OPPORTUNITY EMPLOYER" We would like to receive an estimate of design and construction administration/management costs to provide for proper budgeting of this portion of the project. Do glas L. Bonar Di ctor of Buildings & Grounds cc: Superintendent Ohl Phil Behrend, A TS&R Paul Erickson, A TS&R Tammy Magney, ATS&R Farmington Independent School District 192 Excellence, Integrity, Innovation DOUGLAS BONAR DIRECTOR BUILDINGS & GROUNDS OFFICE . 510 WALNUT STREET FARMINGTON, MN 55024-1389 PHONE: (651) 463-5060 FAX: (651) 463-5061 June II, 2001 Dakota County - Western Service Center @ Don Theisen 14955 Galaxie Ave. Apple valley, MN 555125-8579 Re: New K-5 Elementary School Request for initiation of public improvements to 195th Street Dear Mr. Theisen: This is to request that your staff, and the County's consultant as necessary, initiate and complete the design and make all provisions for construction for the extension of 195th Street west of it's current termination approximately 14 mile west of Everest Path to Middle Creek. The project should also include the all necessary easements for the purposes of this road improvement. As you know, School District 192 is purchasing the property lying east of the creek for the purpose of constructing an elementary school on the north half of the parcel and an undetermined future use on the south. Therefore, coordination of the design will need to occur concurrently with design development for the school parcel. The current schedule for school design and construction has construction starting in late spring with school occupancy in September of 2002. The District will make the site topographic survey available to you to aid in completion of your design. This includes a portion of the site west of the creek for a distance of200 feet from the centerline, a distance of200 feet north of the projected centerline of 195th Street adjacent to the school property, and the existing right-of-way of 195th Street east of the school parcel. District staff and our NE consultant, A TS&R, will be available to assist you in coordinating the design. . AN EQUAL OPPORTUNITY EMPLOYER" We would like to receive an estimate of design and construction administration/management . for proper budgeting of this portion of the project. uglas L. Bonar ector of Buildings & Grounds cc: Superintendent OhI Lee Mann, City of Farmington Phil Behrend, A TS&R Paul Erickson, A TS&R Tammy Magney, ATS&R City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us A3J TO: Mayor, Councihnembers, City Administrator ~ FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Middle Creek Third Addition Development Contract DATE: July 16,2001 INTRODUCTION The Development Contract for Middle Creek Third Addition IS forwarded herewith for Council's consideration. DISCUSSION The final plat for Middle Creek Third Addition was approved by the Planning Commission on May 8, 2001 and by the City Council on May 21,2001. 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. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the Middle Creek Third Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~ )Y(rn~VV'-- Lee M. Mann Director of Public Works/City Engineer cc: file RESOLUTION NO. R -01 APPROVING DEVELOPMENT CONTRACT MIDDLE CREEK ESTATES 3RD 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 16th day of July, 2001 at 7:00 P.M. Members present: Members absent: seconded the following resolution: Member introduced and Member WHEREAS, pursuant to Resolution No. R67-00, the City Council approved the Preliminary Plat of Middle Creek Estates; and, WHEREAS, pursuant to Resolution No. R50-01, the City Council approved the Final Plat of Middle Creek Estates 3rd Addition subject to the following conditions. a) The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 16th day of July, 2001. Mayor Attested to this _ day of ,2001. SEAL Interirn City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 16th day of July 2001, by, between, and among the City of Farmington, a Minnesota Municipal Corporation (CITY) and Arcon Development, Inc, a Minnesota corporation (DEVELOPER), 1. Request for Plat Approval. The Developer has asked the City to approve a plat for MIDDLE CREEK THIRD ADDITION (also referred to in this Development Contract 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 3. Development Plans and Rig: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/Development 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 has been received by the City, c) The plat has been recorded with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 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. Zoninl!/Development Map. The Developer shall provide an 8 II2" 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 and CSAH 31 Assessments. 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. ~505,02, The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed, The Developer is responsible for the installation of the required turn lanes on CSAH 31. The CSAH 31 turn lanes are required public improvements under this Agreement. 2 CSAH 31 Assessments The parent parcels of Middle Creek Third Addition have been assessed for improvements to CSAH 31, The total levied assessment amount for the parcels is: Parcel Nos, 140250001131 140250001232 141650003000 140250001555 Total amount levied: $373,801.41 A portion of the levied assessment plus interest becomes due with the final platting of Middle Creek Third Addition, The amount due with Middle Creek Third Addition will be calculated proportionally based on the area of Middle Creek 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 Middle Creek Third Addition, If assessed, the assessments shall be spread over a 10-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. 7. Time of Performance. The Developer shall install all required public improvements by September 15, 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 [mal 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 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. Gradinl! 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. 3 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 $ 416 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, 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, Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to I shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications, All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 13. Phased Development. The plat shall be developed in one (I) 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 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 Approval. 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$ 38,622 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. 4 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 $ 13,791 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, A credit of $ 22,492 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is that the Water Main Trunk Area Credit to be paid to the Developer with this plat is $ 8,701. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of$ 10,400 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 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$ 12,309 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, In addition, the Developer will participate in the cost of the Vermillion Grove Lift Station as a user of the lift station. The developer will participate in 2,5% of the lift station costs based on the flows to the lift station. 20. Park Dedication. The Developer shall pay a park dedication fee of$ 28,370 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$ 1,260 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 $ 1,400 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 5 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 ofreal 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 $ 434,750. 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 $ N/A* $ 65,875 $ 94,750 $ 96,500 $ 143,000 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 5,000 $ 9,375 $ 15,625 $ 4,625 $0 Two Years Principal and Interest on Assessments $ N/A ** This breakdown is for historical reference; it is not a restriction on the use of the security. *The Grading/Erosion Control is secured by a separate letter of credit. ** All fees are to be paid upon execution of this agreement. 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 claim(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. 6 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, 28. 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. 29. Existinl!: 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, 30. 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. 31. 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. 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, 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, F, 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 7 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, G, 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, H, 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. I. 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. J, The Developer shall obtain a Wetlands Compliance Certificate from the City, K. 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 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, L. 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 7:00 A.M. until 7:00 P,M, 8:00 A.M, until 5:00 P,M, Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc, Any deviations from the above hours are subject to approval of the City Engineer, M, The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home, See City Standard Plate ERO-09 for construction requirements, N. 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 defmed in said Paragraph 30. 0, Third parties have no recourse against the City under this contract. 8 32. 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: Larry Frank Arcon Development, Inc, 7625 Metro Blvd., Suite 350 Edina, MN 55439 Notices to the City shall be in writing and shall be either and delivered to the pty Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Robin Roland, Interim City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 CITY OF FARMINGTON By: By: DEVELOPER: Arcon Development, Inc, By: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 SIGNATURE PAGE Gerald Ristow, Mayor Robin Roland, Interim City Administrator Its: 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Gerald Ristow, Mayor, and by Robin Roland, Interim 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 Arcon Development, Inc, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT" A" Outlots A, Band E MIDDLE CREEK, according to the recorded plat thereof, Dakota County, Minnesota Together with: That part of the Northwest Quarter of Section 25, Township 114, Range 20, said Dakota County, described as follows: Commencing at the northeast corner of said Northwest Quarter; thence southerly, along the east line of said Northwest Quarter, a distance of 1518.5 feet; thence westerly at a deflection angle to the right of 86 degrees 15 minutes 00 seconds, a distance of 55.65 feet; thence northwesterly at a deflection angle to the right of 29 degrees 15 minutes 00 seconds, a distance of 478.10 feet; thence westerly at a deflection angle to the left of 24 degrees 15 minutes 00 seconds, a distance of 638.50 feet, to the actual point of beginning; thence southerly at a deflection angle to the left of 90 degrees 00 minutes 00 seconds, a distance 315.00 feet; thence westerly at a deflection angle to the right of 90 degrees 00 minutes 00 seconds, a distance of 375.00 feet; thence northerly at a deflection angle to the right of 90 degrees 00 minutes 00 seconds, a distance of 465.00 feet; thence easterly at a deflection angle to the right of 90 degrees 00 minutes 00 seconds, a distance of 375.00 feet; thence southerly at a deflection angle to the right of 90 degrees 00 minutes 00 seconds, a distance of 150.00 feet, to the point of beginning. 12 /l~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Akin Road - Speed Study Timing DATE: July 16,2001 INTRODUCTION The speed study that MnDOT is going to perform for Akin Road needs to be scheduled. DISCUSSION At this time, MnDOT is waiting to hear from the City to schedule the speed study. The question has been raised regarding whether the study should be performed before the proposed improvements have been made to Akin Road or after the improvements are completed. MnDOT has indicated that they would prefer to wait to do the study after the improvements are completed, but they would be willing to do a study before the improvements are completed as well, if the City would like to see before and after data. It is the recommendation of staff and the City's traffic engineering consultant that the speed study be performed after the improvements to Akin Road are complete so that the study will reflect the conditions that will be in existence for the longer term. BUDGET IMP ACT None. ACTION REQUESTED Council direction to staff regarding the scheduling of the speed study. Respectfully Submitted, Le~~ Director of Public Works/City Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /e?a- TO: Mayor, Councilmembers, Interim City Administrator FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Accept Resignation Heritage Preservation Commission DATE: July 16,2001 INTRODUCTION Beverly Marben has resigned her seat on the HPC because she is moving from the City. The term of this seat is through January 31, 2004. DISCUSSION Enclosed is application (A) received earlier this year during the period when Council fills annual vacancies. Another application (B), received at a later date, meets the qualifications in the City Ordinance with his Architectural education and work experience. This candidate has not been interviewed by the City Council. The appointment process policy is attached for your review. If Council wishes to interview the new applicant, a meeting date and time could be established prior to the August 6th or 20th City Council meeting. Neither candidate has been notified of the vacancy, nor has this vacancy been advertised in the legal newspaper. ACTION REOUIRED Accept the resignation of Beverly Marben from the HPC and advise staff of the following: · Should vacated seat be advertised · If not, should one or both applicants be interviewed · Set date and time for interviews Respectfully submitted, aL-- ~~. Karen Finstuen Administrative Services Manager MEMO TO: Mayor and City Council SUBJECT: Resignation DATE: June 21, 2001 It is with regret that I notify you of my resignation from the Farmington Historic Preservation Commission. My husband and I are in the process of selling our home in Farmington and will be moving to Arizona. I have enjoyed my tenure with the HPC and I hope the City Council will continue their interest in the preservation of the historic properties located within the City of Farmington. Sincerely, .-~.~. Beverly Mar n CITY OF FAR..'\UNGTON A APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Name ~e W fA) f.1 ~ PC'MAN Date of Application / /3 J 0/ Address ::3 J. 7 - ~ / (l ..J.- h. S", W Daytime Phone # (; ~/ - 'I6t?- PO '5 S EmployedBy /V tJ 1(" TIfN c. (f) 11/ s' f4 t-nA/ 6- Board or Commission you wish to serve on {J{,;-IJ-/l//IIJ./II?- 1 ~(L/ ~ ()r~ / p A;Q.)( CO JI1 ft / ~ .5' / OjV u Qualifications (C over pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) [J /I e-vL rH E Y t;'~R~ J IlfJvr 86- ~ ;vi ,,4 /f/J/[~ .t11 If 6---:VZ IF , /Vlf M E'A. rP f/ 5 t!)Q(r-IJ IV 1'Z/f-7l ON .5 ~> tv b -U- /1-.> A,A/ 19 ,~F/ &6-rl J .MJI1I/'vC- ~b~lf/TL If 0 t! & - TO 77 fif& fA?,~ S Tf<..frll1/-C> I/v ~- f /r)r tf}/ic,771 m/f i/ GL ( )' c-C:- /l--rT~..ryJ") -' State briefly, your reasons for seeking an appointment to this board or commission ,f}~t/~ ~-l:"~ ~ A- ~51 ;;JG~,PWL II }6.-/t(l~' A-~1J ,c5t;..~L J r / (' ilplp C ro 6~ 1.1f) f/JL LI t;--p M tJl( c ,/ ~N Tl/;h.:- ~ '114-. A;vl} ;J ~v C 7.. of HZ;- fi/I' () r /717:-- C'-IT'/. References (list any references you wish that would be familiar with your qualifications for the position). /J hI/! () A-NYJ ~ I L/ltZlE AI /~tI tItL Signature rX {;/::- Date ~4/o / Supplement to Application for Commission Appointment Lew Edward Wurdeman 5827-210th Street West Farmington, MN 55024-9617 651.460.8055 Employment Information: Norstan Consulting (formerly Connect Computer) .....................March 1, 1993 to Present Senior Computer Consultant assigned during my tenure to many major companies such as First Bank, Pillsbury, Seagate, Northwest Airlines and other client. I provide computer networking support. Wurdeman Enterprises ............................................ January 1, 1990 to February 28, 1993 Self employed as a computer consultant to various businesses in the Twin City area ranging from small to medium sized businesses. Assisted with computer purchases, deployment, networking, and support Control Data Corporation ................................ November 20, 1969 to December 31, 1989 Held a variety of positions in my 20+ years with the company. Supervisor, production manager, computer consultant, system manager, expeditor, paralegal, and related accounting, technical and management positions Educational Background: Techskills ........................................................ Computer training and certification University of Minnesota ............................. Various business and computer classes Inver Grove Community College ........................... Technical Writing and electives University of Texas ............... Two years of basic curriculum and business classes Numerous technical and business classes resulting in several technical certifications Accomplishments: Marquis Who's Who of the World Marquis Who's Who of the America Marquis Who's Who of the Midwest Marquis Who's Who of Emerging Leaders in America Marquis Who's Who of Finance and Industry Marquis Who's Who of Computer Graphics Marquis Who's Who of Media and Communications International Businessman's Who's Who Men of Achievement Pe~nalitresofAmerica Control Data President's Club for Distinguished Service (cost savings) Norstan Consulting Employee of the Month Winner (multiple times) Published photographer in multiple magazines, ads, and print media Member of many professional and trade organizations -CITY OF FARMINGTON APPLICATION FOR BOARD OR COM:MISSION APPOINTMENT Name -r/lA.()Y7t'l RIU3 I A-~~OG. A.fA- Date of Application 05,/03/01 Address-..2l ~ 1~"tJ:!. -S,... Daytime Phone # ({p5 D 'll.eD. 2lDB 1- Employed BYJ.\Otz:rY - 60/1tJb ... A~~oci~ IltJc... Board or Commission you wish to serve on t\ 814 "tlV~ f'~ A.l1ot..l ~OMM L ~'S fl)t.I Qualifications (C over pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) ~A.Ck\. O~ M-~ ("-3 ~~T~:rU~ - ,Q17 I 1.,,11.1111. ~F HAl W()J!.J!..IAI~ IN 7IIlf F/~ DF A-/tqI-t711z:lV/ZE $lA/a;; 1tJ'l1 .-tr'%CClAT6 Me)4~/Z.. bP '11Iff ~ IAJST7~ "p- ~:r~~ ~/I/a ~dtJ State briefly, your reasons for seeking an appointment to this board or commission-1 AM A- Ybt)~ tZJ:!5S1)ffA!r ~11J~ "/l> PIz.Ese/2J/t;; ANt) BA/fJA.Ak:E -me UAl/~O€ ~rrec:rvu.L ClMp~ ~p- -me (J"/.:N tlf fAI!M;A/~N -rUuvlsH ~ fZE:'sTbt2A77IJA! ,,~ €X1S(1NH ~~crv~'S ANI:> SY MAd'JIJ6J ~~~tJ'5 -rJl!l.blJi.H tzPJVlew/V6- Alifftv fj;!cp~ t::>ev~~ References (list any references you wish that would be familiar with your qualifications for the position). Hfl.- ~o. /vI/)Alsr~ f1eJA.el p/ll.r-l0l:rY -l3LVIN6 of' ~. (/.112,) '~2 - 441-7- Signan:e -/ u#,~ e. ~ f(trr#/ ,/ZeN ~ ~1 ~1Jf?t: PA~/A/b7cN (j,~ () '1(,0 - l' US;- Date 6~~JI 2-11-2 2-11-3 SITE: The location of a prehistoric or historic occupation or activity that possesses historic, cultural, or archeological value. STRUCTURE: Constructions made for purposes other than creating human shelter, such as bridges, roadways, silos, and grain elevators. SURVEY: The process of identifying and gathering information on historic properties. (Ord. 099-422, 2-16-1999) 2-11-3: HERITAGE PRESERVATION COMMISSION POWERS AND DUTIES: (A) Members: The City of Farmington Heritage Preservation Commission (hereinafter the "HPC") shall consist of up to seven (7) voting members, adult residents of the City, to be appointed by the City Council.HPC members shall include professionals in the disciplilles;r of history, architecture, architectural history, arch8Qu..pjaoning~,or related disciplines and such other. persons as have demonstrated, interest or knowledge of historic preservation. Ex officio, nonvoting members of the HPC shall include a representative of the Dakota County Historical Society, the Farmington Historical Society, and a member of the Farmington Planning Commission. (B) Terms Of Office: All appointments for voting members shall be made for a term of three (3) years. Members may be reappointed. Term expiration shall be staggered so that no more than three (3) positions shall be filled each year. Members shall serve without compensation and continue to hold office until their successors have been appointed. (C) Organization: The HPC shall elect from its members such officers as it may deem necessary. The HPC shall have the power to designate and appoint from its members various committees. The HPC shall make such bylaws as it may deem advisable and necessary for the conduct of its affairs, for the purpose of carrying out the intent of this Chapter, which are not inconsistent with the laws of the City and the State. (D) Program Assistance: To accomplish the intent and purpose of this Chapter, the City shall provide the HPC with staff support and technical assistance. 599 City of Farmington COUNCIL POLICY -101-05-1997 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. Ie;? /;; City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers, City Administrator~ James Bell, Parks and Recreation Director FROM: SUBJECT: Consider Surfacing of Outdoor Rinks - Middle School - Parks and Recreation DATE: July 16,2001 INTRODUCTION The 2001 C.I.P. authorizes the construction of a third hockey rink at the Middle School Rink site. DISCUSSION The construction of a third rink at the Middle school site is included in the 200 I C.I.P. The Parks and Recreation Commission (PARAe) has reviewed the plans for the construction of the third rink and is recommending that the current rinks be paved prior to construction of additional rinks. The Commission indicated that by paving the current rinks, the youth could use them year round for inline hockey and skateboarding. A possible skateboard/skate park could be placed on one of the rinks, Staffwas directed to obtain quotations for Commission review. The quotations for paving of the rinks were somewhat higher than anticipated, therefore the Commission is recommending to Council that only one rink be paved this year. The other rink should be included in next year's C.I.P. In addition to paving the rink, the PARAC recommends that up to $5,000 be provided to match funds that the students raise for a skate park. The Skate Park would be placed on one of the paved rinks during the summer months and removed in the fall to accommodate winter ice. BUDGET IMPACT The quotes are as follows: Bituminous Roadways McNamara Contracting $35,062.00 $35,252.80 The low quote from Bituminous Roadways for the paving of the outdoor hockey rink is within the $40,000 budget dollars for the Middle School Rink improvements. ACTION REOUESTED Consider paving the outdoor rink at the Middle School Rink site and approval of up to $5,000 of matching funds for a Skate Park. Respectfully submitted, ~o---~~ James Bell Parks and Recreation Director 1.:( C!.... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: FROM: Mayor, Councilmembers Robin Roland, Interim City Administrator SUBJECT: DATE: Fiber Optic Cabling Connections Downtown City Facilities - Finance July 16,2001 INTRODUCTION Staff has investigated the possibility of installing fiber optic cable between City Hall and two downtown City facilities to connect those facilities to the Citywide computer network, DISCUSSION Currently, the Senior Center and Downtown Liquor Store are not connected to the Citywide computer network, Therefore, these facilities do not have access to the servers, e-mail or the Internet. In order to connect these facilities to the network, hard cabling is necessary, Kevin Pikkaraine of LOGIS has provided cost estimates for these two facilities to be supplied with fiber optic and copper cabling which would support not only computer connections but any future cable and phone system connections, The connection to the Senior Center would cost $9,000 and the connection to the Liquor Store would cost $6,300, Other potential methods of connecting these buildings for computer network access proved untenable at this time, BUDGET IMPACT Funding is available in the Communications fund to cover the cost of installation, ACTION REQUIRED Approve installation of fiber optic cabling between City hall and the Senior Center and Liquor Store buildings to be funded by the Communications fund, tzli.J' Finance Director