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Home My WebLink About06.04.01 Council Packet COUNCIL MEETING REGULAR June 4, 2001 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA s. ANNOUNCEMENTS a) Employee Service Recognition - Parks and Recreation Department b ) Award Presentation - Sienna Corporation 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (5/21/01) (Regular) b) Approve Dew Days Permits - CEEF Fee Waiver - Parks and Recreation c) Acknowledge Completion Community Survey - Administration d) Capital Outlay - Engineering e) Capital Outlay - Police f) Consider Resolution - Downtown Streetscape and Sliplining Project - Engineering g) Consider Resolution - Approve Gambling Premises Permit American Legion - Administration h) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT a) Consider Resolution - Cabling Public Facilities Project b) Sidewalk and Curb Replacement Project - Engineering 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Autumn Glen 3rd Addition Development Contract- Engineering b) Dakota County 2002/2006 CIP - Engineering c) 2002 Budget - Council Fiscal Goals - Finance d) Vermillion River - Proposed DNR Troutstream Designation - Engineering e) Schedule Joint Council Workshop - Zoning Code Update - Community Development 11. UNFINISHED BUSINESS a) Flagstaff Avenue Update - Finance b) Consider Resolution - Akin Road Project - Engineering Action Taken Recognized Recognized Approved Approved Acknowledged Information.. Received Authorized R53-01 R54-01 Approved R55-01 Authorized R56-01 Authorized Adopted Infor11l4tion Received June 26, 2001 Discussed R57-01&R58-01 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Sa- TO: Mayor, Council Members FROM: Robin Roland, Interim City Administrator SUBJECT: Employee Service Recognition DATE: June 4, 2001 INTRODUCTION In recognition of 25 years of dedicated employee service with the City of Farmington, the City would like to recognize Jim Bell, Parks and Recreation Director. DISCUSSION On June 14,2001, Jim Bell will celebrate his (25th) twenty-fifth year of continued service with the City of Farmington. Throughout the many changes the City of Farmington and Parks and Recreation have experienced in these past years, Jim has changed with them to perform his duties in an efficient, enthusiastic and cooperative manner. ACTION REOUESTED Recognize Jim Bell for 25 years of dedicated service to the citizens of the City of Farmington. 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Olson Community Development Director FROM: SUBJECT: Award Presentation - Sienna Corporation DATE: June 4, 2001 INTRODUCTION The East Farmington development received an Honorable Mention Smart Growth Design Award from the 1000 Friends of Minnesota at their second annual Smart Growth Conference held on November 30, 2000. DISCUSSION Rod Hardy of Sienna Corporation wishes to present the City with its award plaque for this award at the June 4, 2001 City Council meeting. Gina Bonsignore, Director of the Design Center for the American Urban Landscape at the University of Minnesota and a representative of the East Farmington Homeowners Association will also be present at the meeting. A description of all of Honorable Mention 2000 recipient projects as well as the first place award projects is attached. ACTION REOUESTED For information only. David L. Olson Community Development Director cc: Rod Hardy II. Community Scale: River City Centre, Shakopee River City Centre is a mixed-use project providing a model for urban, suburban and rural communities. It provides affordable and market rate rental senior housing upstairs and commercial services/retail operations at the street level. The building complements the architecture and streetscape of the traditional downtown area. River City Centre also incorporates underground parking and provides community facilities and meeting places for the tenants. -...;;:: Honorable Mention 2000 · East Farmington, Farmington East Farmington is an example of community and developer collaboration to address environmental issues and add new family housing at the edge of development. The project includes a softening streetscape impact of the garages, neighborhood common . open spaces, smaller front yards with larger, common backyard areas, sidewalks, and porches. This project was also a pioneering effort to address seasonal flooding issues while incorporating protection for an ecologically valuable wetland and river. · East mage Homes, Chaska East Creek is an example of wi~win situations being created for the local community, businesses needing housing for workers, the developer, and the new tenants of this affordable, family housing project. This site incorporates local trails and walkways that connect city amenities, schools, and adjacent neighborhoods. The project assisted the city in preserving woodland, extending the street pattern, and expanding utilities. · Marquette Block, Minneapolis The Marquette Block was a unique and pioneering opportunity for historic preservation, restoration and new infill development. This mixed-use development includes new retail operations at street level in renovated structures with affordable rental units upstairs, public parking, and new market rate townhouses. · Summit Place, Saint Paul Summit Place demonstrates the adage that the sum is greater than the parts. This multi-block project incorporates building designs from different eras, offers a variety of different ownership options, affords a variety of afford ability levels, and offers sever.al distinct common open spaces. This is also an example of vision and the time that is often required to bring projects to completion. Summit Place began in 1977 and was completed in the early 1990's. · Cathedral Hill Homes, Saint Paul Cathedral Hill Homes is an example of the renovation of historic buildings to meet a critical contemporary need. In this case the great need for affordable, family-sized rental units near transit, jobs and services. The former small apartments were reconfigured to accommodate the needs of larger families. The building management also coordinates after school programs, career counseling, and employment placement services for its tenants. Smart Growth Design Awards, 2000 Suburban New Development: Uberty on the Lake. Stillwater Uberty is an innovative subdivision that is connected to the rest of the community in a number of ways. Uberty shows how a community can use design standards to create a very attractive walkable, pedestrian-friendly neighborhood. It is innovative for its design with narrower streets that form an interconnected street pattern, sidewalks and pathways that provide access to all parts of the development, homes that are oriented to the street with shorter setbacks, hidden garages, and a variety of lot sizes. Collaboration with the school district resutted in an elementary school that was designed into the project. Storrnwater management is integrated into the open space and park system. This upper market residential development has helped demonstrate market acceptance for smart growth design features. Suburban Redevelopment: The Gables & Crown Ridge. Minnetonka The Gables is a townhouse development and Crown Ridge is a multi-family apartment development. They are integrated into a larger. mixed-use development known as West Ridge Market that includes a variety of housing types and prices/rents. The Gables provide 24 of its 1 04 units for first-time homebuyers (deed restrictions ensure affordability for 30 years). Crown Ridge has 64 units with rents affordable for 50 to SO percent of median income and six units are public housing units. The overall project was part of a public-private-nonprof"rt collaborative with strong community and neighborhood involvement. A stormwater management system creates amenity open space and treats runoff before it enters the adjacent wetlands. A system of sidewalks and pathways connects the housing to a community center, city park, daycare, church, transit hub and retail. Urban Residential: RiverStation, Minneapolis RiverStation is a pioneering, large-scale market rate ownership development that can serve as an excellent example of an efficient, higher density smart growth residential development. This former railyard and brownfield redevelopment site provided the spark and scale of development needed to bring ,a new urban neighborhood forth. The site incorporates below grade parking, a unique on-site stormwater treatment design, and creates an open space area between adjacent buildings. The design complements the historic character of the area and adds to the overall mix and range of lifecycle housing options available. Mixed Use Residential I. Neighborhood Scale: Milda's Cbrner. Minneapolis Milda's Corner exemplifies infill development that complements the streetscape and the surrounding neighborhood. The activities it houses are important to the neighborhood and tne area's "sense of place." Milda's is a private collaboration between faith-based and community groups and interested businesses to reestablish a neighborhood anchor and gathering spot and to provide affordable and transitional housing. The new structure houses a neighborhood cafe that lost its lease and recreates the front atrium, which in the old Milda's provided a warm, dry, safe place for kids and other people to wait for the bus. The housing upstairs provides affordable housing and places for families who are participating in Habitat for Humanity to live and learn homeownership skills while their "new" residence in the community is rehabbed. ;6- COUNCIL MINUTES REGULAR May 21, 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, Soderberg, Strachan, Verch Cordes Acting City Attorney Poehler, Acting City Administrator Olson, City Management Team 4. APPROPEAGENDA MOTION by Soderberg, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Mr. David PritzlatT - Speed Limits Staff sent a reply to Mr. Pritzlaff. b) Ms. Sherry Jackson - School Zone Signs Staff sent a reply to Ms. Jackson c) Ms. Christine Nilson - Drainage Issue Staff has reviewed the situation. 7. CONSENT AGENDA Item 7a Council Minutes (5/7/01) (Regular) was pulled so Councilmember Verch could abstain from voting as he was absent from that meeting. MOTION by Soderberg, second by Strachan approving Council Minutes (5/7/01) (Regular). Voting for: Ristow, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. Item 7c Bills was pulled so Councilmember Verch could abstain from voting as he received a reimbursement for expenses. MOTION by Strachan, second by Soderberg approving Bills. Voting for: Ristow, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. a) Approve Council Minutes (5/2/01) (Special). MOTION by Soderberg, second by Verch. APIF, MOTION CARRIED. b) School and Conference - Administration. MOTION by Strachan, second by Soderberg. APIF, MOTION CARRIED. Council Minutes (Regular) May 21, 2001 Page 2 8. PUBLIC HEARINGS a) Consider Resolution - Designating Farmington Heritage Landmark- Administration The City Council may designate individual historic buildings and sites as Farmington Heritage Landmarks. The Heritage Preservation Commission has determined that the Historic Fletcher Building, 345 Third Street, meets the eligibility criteria for designation as a Farmington Heritage Landmark. Councilmember Soderberg asked what restrictions are placed on the building when designated a Heritage Landmark. Mr. Robert Vogel, Heritage Preservation Consultant, stated the restrictions placed on the property are that City permits for demolition of the building would have to first go through the Heritage Preservation Commission. The designation enables the property owner to seek certain tax benefits from any restoration done. The benefit to the City is that since the City issues the permits, it can playa stewardship role in preserving the building. Mr. Tom Quam, owner of the Fletcher building, stated he is very much in favor with the designation. Most of the work already done on the building he has done himself and takes pride in his work. MOTION by Soderberg, second by Verch to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg adopting RESOLUTION R49-01 designating the Fletcher Building, 345 Third Street as a Farmington Heritage Landmark, and noting the Fletcher Building as a Heritage Landmark on the Official City Zoning Map. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Consider Resolution - Cabling Public Facilities Project (Supplemental) Bids have been received for the voice/datalpaging/CATV cabling of the Public Facilities Project. Seven bids were received, ranging form $37,700 to $64,990 for the cabling. The apparent low bidder is Corporate Technologies of New Hope at $37,700. Councilmember Verch raised a question regarding the amounts for additional connections. Staff stated the bid is being awarded based on the base bid. The additional connections are not part of the bid. Mayor Ristow asked if additional connections will be needed. Staff would have to review this with LOGIS, who compiled the bids. Council tabled the item until the June 4, 2001 meeting to obtain further information. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Ordinance - Rezone Wilson Property from R-l to R-3 PUD- Community Development Steve and Nancy Wilson, 5200 203rd Street West, have submitted a petition to rezone their property from R-l to R-3 PUD. The property consists of 4 acres and is located in the central portion of the Middle Creek development. The Wilson property was originally left out of the Middle Creek Schematic PUD because the Wilson's had not determined if they were interested in selling their property at the time of the original PUD approval. Since the proposed single-family residential development for the Wilson property complies with the 2020 Comprehensive Plan, no Comprehensive Plan amendment is required for the property. The Council Minutes (Regular) May 21, 2001 Page 3 preliminary plan shows 9 lots arranged around a cul-de-sac that will eventually connect to the proposed 203rd Street east/west minor collector. The Planning Commission approved the Wilson property rezone on May 8,2001. MOTION by Verch, second by Soderberg adopting ORDINANCE 001-464 rezoning the Wilson Property from R-1 to R-3 PUD. APIF, MOTION CARRIED. b) Consider Resolution - Middle Creek 3rd Addition Final Plat - Community Development Arcon Development, D.R. Horton, and Steve and Nancy Wilson have submitted the Final Plat for Middle Creek 3rd Addition. The plat contains 20 single-family lots and 6 outlots on approximately 105.0975 acres ofland south of the Vermillion Grove subdivision, east of the 100-foot wide gas pipeline easement and Middle Creek 1 st and 2nd Additions, west of the Briesacher property and Pine Knoll Subdivision and north of the Farmington Industrial Park. The 3rll Addition will be accessed from the north through the proposed Vermillion Grove development on English Avenue. This access is considered a north/south minor collector running the length of the site with ajog along 203rd Street in the northeastern portion of the site. This roadway is ;roposed with a 70-foot right-of- way width. The second minor collector in the 3r Addition is 203rd Street that intersects with Pilot Knob Road to the west in the 1 st Addition and is proposed with a 70-foot right-of-way. The Developer has agreed to plat a 50-foot wide outlot along the entire west side of the DNR protect wetland. The Developer will also dedicate an additional 25-foot wide conservation easement next to the outlot in order to protect the vegetative buffer along the wetland. Parkland is proposed in the northeast portion of Outlot A and in the south central portion of Outlot E. The engineering division requires the following: 1. Confine the drainage to rear and side lot easements. An easement must be provided for all drainage routes (lots 1 to 4 block 4, lots 1 to 3 block 3, lot 6 block 2). 2. Changes to the construction plans during the review process may necessitate changes in the plat easements. Councilmember Verch wanted to make sure the developers advise the owners of the gasline easement. Mr. Larry Frank, Arcon Development, stated developers sell lots to the builders who have to sign approximately ten different documents for grading plans, elevations, covenants, etc. These documents should be passed on to the homeowners. Each gasline easement shows up on their survey. MOTION by Soderberg, second by Strachan adopting RESOLUTION RSO-Ol approving the Middle Creek 3rd Addition Final Plat contingent upon the above listed engineering requirements. APIF, MOTION CARRIED. Council Minutes (Regular) May 21, 2001 Page 4 c) Consider Resolution - Bristol Square 1st and 2nd Re-Plat - Community Development Mr. Jim Allen, Allen Homes, is seeking City Council approval to replat portions of both the Bristol Square 1 st and 2nd Additions. The applicant is seeking plat approval in order to accommodate an alternative design and floor plan of townhomes that are narrower but deeper than the originals. The replat is proposed for Lots 1-6, Block 1 and Lots 1-6, Block 2, Bristol Square 1 st Addition and also Lots 1-7, Block 2, Bristol Square 2nd Addition. The proposed replat would result in an additional two lots being added to the original 173 unit development. The proposed changes would result in a lot that is 4 feet narrow and 2.67 feet deeper. Staff recommended approval of the Bristol Square replat contingent upon the following: 1. The developer make the necessary changes to the landscape plan concerning the addition of a six-foot fence and/or over-story trees for additional screening. The developer submit a revised Preliminary Plat of the remainder of the Bristol Square development if any changes are planned concerning revisions to lot dimensions to accommodate the split entry model townhomes. The developer agrees to any additional development fees that result from the creation of additional townhome units. 2. 3. Mayor Ristow asked if it was common to have a re-plat. Staff replied it is common to come back with a new style or arrangement if something is not selling, or the developer wants to try something new. Acting City Attorney Poehler stated of those existing lots that are sold within Bristol Square 3rd Addition, the homeowners would also have to sign the plat approving this request. MOTION by Soderberg, second by Verch adopting RESOLUTION RSI-Ol approving the Bristol Square 3rd Addition Plat contingent upon the above listed contingencies. APIF, MOTION CARRIED. d) Consider Comprehensive Plan Amendment - Bernard and Molly Murphy Property - Community Development Bernard and Molly Murphy have petitioned the City to amend the City's Comprehensive Plan for two parcels they currently own east of Akin Road and south of the future alignment of 19Sth Street that comprise 197.36 acres from Restricted Development to Low Density Residential. The original petitions filed by Bernard and Molly Murphy requested both a Comprehensive Plan Amendment from Restricted Development to Low Density Residential and a Rezoning from C-1 and A-I to R-l. Upon closing the public hearing on May 8, 2001, the Planning Commission voted to deny the requested Comprehensive Plan Amendment and Zone Change at this time on the basis that the City's Thoroughfare Plan, Comprehensive Sanitary Sewer Plan, Comprehensive Water Plan and Surface Water Plan need to be updated prior to considering amending the Comprehensive Land Use Plan to allow residential development in this area. Since the Planning Commission recommendation was made, Bernard and Molly Council Minutes (Regular) May 21, 2001 Page 5 Murphy have amended their petitions to withdraw the rezoning request portion of the petition. The Comprehensive Plan makes specific reference to this area as a "community green" that will connect the northern and southern sections of the City. MOTION by Ristow, second by Verch denying the requested Comprehensive Plan Amendment and that no further study be completed. APIF, MOTION CARRIED. e) Consider Comprehensive Plan Amendment - Dave Finnegan Property- Community Development David Finnegan has petitioned the City to amend the City's Comprehensive Plan for a parcel he currently owns east of Akin Road and adjacent to the south side of the future alignment of 195th Street that contains 88.5 acres from Restricted Development to Low Density Residential. The original petition filed by David Finnegan requested both a Comprehensive Plan Amendment from Restricted Development to Low Density Residential and a Rezoning from C-l to R-l. Upon closing the public hearing on May 8, 2001, the Planning Commission voted to deny the requested Comprehensive Plan Amendment and Zone Change at this time on the basis that the City's Thoroughfare Plan, Comprehensive Sanitary Sewer Plan, Comprehensive Water Plan and Surface Water Plan need to be updated prior to considering amending the Comprehensive Land use Plan to allow residential development in this area. Since the Planning Commission recommendation was made, Mr. Finnegan's attorney has indicated Mr. Finnegan would consider amending his petition to withdraw the rezoning request portion of the petition. MOTION by Strachan, second by Soderberg denying the requested Comprehensive Plan Amendment and indicating that no further study be completed at this time. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Flagstaff Avenue Update - Engineering At the April 2, 2001 City Council Meeting, staff provided Council with options for improving the conditions on Flagstaff A venue. Staff was directed by Council to prepare a report describing the feasibility of improving Flagstaff Avenue by adding additional gravel to the roadway and performing some ditch work. The improvement option involves the installation of geotextile fabric covered by 8" of Class 5 crushed limestone watered and rolled. Additional gravel will need to be added every other year, or as needed to maintain a consistent 8" layer of Class 5 and keep the geotextile fabric from being exposed. Staff also proposes to excavate material to create ditches at selected areas, and to add culverts to the driveways that need them, to allow water to adequately drain away from Flagstaff Avenue. The total estimated project cost is $500,476. Councilmember Strachan stated he would like some input from Finance Director Roland regarding the status of street funds relative to other projects. The homeowners also need to be aware of what the assessments will be. Council tabled a decision until the June 4, 2001 Council Meeting so further information on funding can be received from staff. Council Minutes (Regular) May 21, 2001 Page 6 12. NEW BUSINESS a) Consider Resolution - 3rd Street Overlay and Slipline Feasibility Report - Engineering Staff presented the feasibility report for the Third Street Overlay and Sanitary Sewer Slip lining Project. The improvements proposed would consist of constructing a bituminous overlay and sliplining the sanitary sewer along Third Street from Spruce Street to Ash Street. The total estimated project cost is $413,000. In accordance with the City's assessment policy, 65% of the project costs would be paid for by the City and 35% of the project costs would be assessed to the benefited properties. MOTION by Strachan, second by Soderberg adopting RESOLUTION R52-01 accepting the feasibility report, authorizing the preparation of plans and specifications and scheduling a public hearing for June 18,2001. APIF, MOTION CARRIED. b) Set Council Workshop Date/Community Survey -Administration Decision Resources was chosen to conduct a Community Survey to gather the views and opinions of City residents on a wide range of community topics. The survey has been completed with approximately 400 households being surveyed. Staff proposed a Council Workshop for June 4,2001 to review the results. Council approved this date. 13. COUNCIL ROUNDTABLE Councilmember Strachan: The third rig for the ALF Ambulance is running as of today. Council member Soderberg: On Thursday, City Engineer Mann hosted a neighborhood meeting for the Speed Study on Akin Road. As a result, Councilmember Soderberg reviewed the State Statutes regarding speed limits, speed zones, etc. in urban districts with designations such as Akin Road. Acting City Attorney Poehler will review the statutes. Community Development Director Olson: On May 23, 2001 there will be a Metropolitan Council Empire Treatment Plant meeting. The LMC conference will be held June 20-22, 2001. Bill Morish is leaving the University of MN Design Center. He designed the Prairie Waterway concept. Mayor Ristow: Police Chief Siebenaler did a traffic accident report for Akin Road. Traffic fatalities and personal injuries have declined since 1994. The Mayor received a letter from Charter Communications notifying him of Laura Sauber as a top honor student from Farmington High School, and Charters contribution of$l,OOO for a student scholarship. He received a letter from LMC, thanking Representative Holberg for Chapter 13 Cities having the authority to use electronic funds transfer and use of credit cards for municipal business transactions and help make City business more efficient. Council Minutes (Regular) May 21, 2001 Page 7 14. ADJOURN MOTION by Strachan, second by Soderberg to adjourn at 9:40 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/~~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /6 TO: Mayor, Cooncilmembers and Interim City Administrator ~ FROM: James Bell Parks and Recreation Director SUBJECT: Approve Dew Days Permits - CEEF Fee Waiver DATE: June 4, 2001 INTRODUCTION Permits are needed for Dew Days Celebration. DISCUSSION The Dew Days Committee and CEEF is requesting that the City Council waive the fees for the permits required for the annual celebration. Council has approved the waiver of fees in past years. Attached is a list of the events which require permits and their fees. BUDGET IMPACT The total cost of waiving these permit fees for the 2001 Celebration is $1,335.00. These fees were not budgeted for as revenues in the 2001 budget. ACTION REOUESTED Approve the waiver of permit fees, as noted in the attached fees list. Respectfully submitted, ~~~sJL. James Bell Parks and Recreation Director 2001 DEW DAYS FESTIVAL PERMITS The following is a listing of events, sponsors, locations and the established fees for each event which requires a permit. Temporary Exhibitions - Ord. 3-17-4 - 2001 Fee = $15.00 per Event Kiss The Pig Bed Races Dew Run Kiddie Parade Horseshoe Contest Pet Show Grand Parade Medallion Hunt Bike Rodeo, Child I.D. Trout Pond Chalk Drawing Outdoor Dance Rides (Inflated) Pony Rides Stage Entertainment Carpet Toss Cookie Decorating Bubble Gum Blowing Contest Newspaper Toss Kid's Time Dewey Duck Races Art and Nature Crawl Youth Treasure Hunt Antique Motorcycle Cruise In-Line Skate Demonstration Hot Air Balloon Rides BonfIre Church Service Outdoor Dance Senior Center Parks and Recreation Parks and Recreation Festival Committee E~gles Club Akin Road and Farmington Vet Clinics Festival Committee Festival Committee B&B Pizza Southern Dakota County Sportsmen Parks and Recreation Festival Committee Festival Committee Festival Committee Parks and Recreation Thoroughbred Carpets Farmington Bakery Heikkila Studio Farmington Independent Police Department/Fire Department Senior Center Community Education Parks and Recreation Parks and Recreation Parks and Recreation Remax Advisors DVAC Living Springs Church Eagles Club 29 Events x $15.00 = $435.00 Rambling River Park Downtown Downtown Rambling River Park Rambling River Park Downtown Downtown Downtown Downtown Rambling River Park Downtown Rambling River Park Rambling River Park Rambling River Park Rambling River Park Downtown Downtown Downtown Downtown Rambling River Park Rambling River Park Rambling River Park Downtown Downtown Rambling River Parking Lot Middle School Parking Lot Rambling River Park Rambling River Park Eagles Club Transient Merchant - Ord. 3-18-1- 2001 Fee = $50.00 per Quarter Concession Concession Concession Concession A.M. Mini Donuts Sletten's Brad Schroeder (3) Medley Concessions Rambling River Park Rambling River Park Rambling River Park Rambling River Park Concession Concession Concession Concession Balloons Crafts Pop Candy Kettlekom Concession Concession Glo Lights Beer Garden Eagles Thoroughbred Carpets Taco Dick's Springcreek Buffalo Burgers Matt Milner Sales Outdoor Craft Vendors Piroettes Boy Scouts Bergstrom Softball Tournament Mikens Sport Jaycees 18 Vendors x $50.00 = $900.00 Temporary 3.2 On-Sale License Festival Committee Rambling River Park Rambling River Park Rambling River Park Rambling River Park Parade Route Arena, Downtown, Rambling River Park Parade Route Parade Route Parade Route Rambling River Fields Rambling River Fields Rambling River Park Rambling River Park Total Cost of Permit Fees for 2001 Celebration = $1,335.00 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ?~ TO: Mayor, Councilmembers, City Administrator ~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Acknowledge Completion - Conuilunity Survey DATE: June 4,2001 INTRODUCTION Decision Resources has conducted a survey of approximately 400 households to gather the views and opinions of City residents on a wide range of community topics. DISCUSSION The City Council has set a workshop for 5:30 p.m., Monday, June 4, 2001. Decision Resources will present the survey to Council at that time. BUDGET IMPACT The costs of the survey are included in the 2001 budget. ACTION REOUIRED Accept the survey results. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager ?cI City of Farmington 325 Oak Street, Farmington,MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: Mayor, Councilmembers, City Administrator W FROM: Tim Gross, Assistant City Engineer ~ SUBJECT: Public Works Capital Outlay DATE: June 4,2001 INTRODUCTION The 2001 Budget provides for the acquisition of a video camera for the Engineering Department. DISCUSSION The camera purchased is an Sony DCR-TRV130 digital video camera. The camera was purchased at National Camera & Video. BUDGET IMPACT The 2001 Capital Acquisition Budget includes $532.00 for a new video camera. The cost of the camera is $599.95. ACTION REOUESTED For information only. Respectfully submitted, ~~ Tim Gross Assistant City Engineer cc: file Lee Mann, Director of Public Works/City Engineer Robin Roland, Interim City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7e TO: Mayor, Councilmembers and City AdministratorW Daniel M. Siebenaler Chief of Police FROM: SUBJECT: Capital Outlay Purchase Body Bunker, Ballistic shield DATE: June 4, 2001 INTRODUCTION Police Department staff has recently deployed Less Lethal technology to provide a non lethal response to dangerous situations. After repeated calls for the use of this technology both in Farmington and in surrounding communities the need for added officer protection has become apparent. DISCUSSION Since initial deployment of less lethal technology less than two months ago the police department has had five mutual calls for assistance where less lethal was needed. The experience of these cases has demonstrated that an officer will be repeatedly placed in hazardous and potentially deadly situations. Staff has identified a piece of equipment that would help to mitigate the threat to the responding officer. The use of a tactical shield, also known as a Body Bunker or Ballistic Shield, would dramatically reduce the threat of the use of deadly force against an officer. It would allow for a cautious and reasonable approach to suspects rather than dynamic entry and reactionary response. The Body Bunker is a handheld shield, 24 X 36 inches in size. It is made of ballistic material similar to a bulletproof vest but offering a higher level of protection. The bunker is equipped with a viewport made of a clear bulletproof material. It should be noted that this item has not been previously requested or approved in the 2001 budget and therefore requires City Council authorization. BUDGET IMPACT Staff is recommending the purchase of a Body Bunker Ballistic Shield at a price of $1,450.00. Staff has researched funding and finds that the Police Forfeiture Account has sufficient resources to fund the purchase. ACTION REQUESTED Authorize the purchase of a Body Bunker Ballistic Shield to be funded by the Police Forfeiture Account. Respectfully submitted, C\~ Daniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463.7111 Fax (651) 463.2591 www.ci.farmington.mn.us /f' TO: Mayor, Councilmembers, City Administrator~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - Downtown Streetscape and Sliplining Project DATE: June 4,2001 INTRODUCTION The City Council awarded the Downtown Streetscape and Sliplining project at the March 20, 2000 City Council meeting. DISCUSSION The Downtown Streetscape and Sliplining project has been substantially completed. BUDGET IMPACT The final project costs will be allocated using the methodology presented at the project hearing. The final project costs and proposed assessment roll will be available prior to the assessment hearing for the public's and Council's review. The Council would consider adoption of the final project assessment roll at the August 6th assessment hearing. ACTION REOUESTED Adopt the attached resolution directing staff to prepare the assessment roll and setting the Downtown Streetscape and Slip lining project assessment hearing for August 6, 2001. Respectfully submitted, ~YJ1~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R - 01 CALLING FOR PUBLIC HEARING - PROJECT NO. 98-04 & 98-05 - DOWNTOWN STREETSCAPE PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City of the 4th day of June, 2001 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, a contract has been let and costs have been determined for the following improvements: Project 98-04 & 98-05 Description Downtown Sidewalk Improvements Downtown Decorative Lighting Location 3rd Street between Elm and Spruce Streets, Oak Streets between 2nd and 4th Streets and the sidewalk connection between 2nd and 3rd Streets. ; and, WHEREAS, the improvements for the project are complete. NOW, THEREFORE, BE IT RESOLVED that: 1. Staff is hereby directed to prepare the proposed final assessment roll for the project. 2. A hearing shall be held in the Council Chambers in City Hall on the 6th day of August, 2001 at 7:00 p.m. to act upon such proposed assessment at such time and place and all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and the clerk shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Notice shall be provided in accordance with the requirements provided under M.S. section 429.061 subdivision 1. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of June, 2001. Mayor Attested to this _ day of ,2001. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ~ TO: Mayor, Councilmembers and Interim City Administrator ~ FROM: Karen Finstuen Administrative Services Manager SUBJECT: Approve a Gambling Premises Permit - American Legion DATE: June 4,2001 INTRODUCTION The American Legion is requesting a Gambling Premises Permit at 10 North 8th 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 American Legion is requesting approval to conduct gambling activity at 10 North 8th Street. The appropriate application and fees have been received and the application has been reviewed by the City Attorney. BUDGET IMPACT None. ACTION REOUESTED Consider the attached Resolution approving a Gambling Premises Permit at 10 North 8th Street. Respectfully submitted, ~g;~ Karen Finstuen Administrative Services Manager RESOLUTION NO. R -01 APPROVING A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE AMERICAN LEGION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 4th day of June 2001 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 Premises Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the American Legion has submitted an application for a Gambling Premises Permit to be conducted at 10 North 8th Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premises Permit for the American Legion to be conducted at 10 North 8th Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of June 2001. Mayor Attested to the day of 2001. Interim City Administrator SEAL City of Farmington 325 Oak Street Farmington, MN 55024 www.cLfarmington.mn.us FAX TRANSMITTAL MEMO No. of Pages: 12 Date: 5/29/01 9:58 AM To: Joel Jamnik From: Cindy Muller Company: Company: City of Farmington Fax#: Fax #: (651) 463-2591 Telephone #: Telephone #: (651) 463-1803 Comments: Please review the attached Gambling Premises Permit Application for the American Legion. This will be on the June 4 Council Agenda. Thank you Cindy Muller :rom: ~ent: To: Cc: Subject: Joel J. Jamnik [Joel@ck-Iaw.com] Wednesday, May 30, 2001 2:32 PM 'Cindy Muller' 'Robin Roland' American Legion Premises Permit Cindy: Per your request I reviewed the packet of materials related to the American Legion Premises Permit faxed to me yesterday and everything looks to be in order for approval by Council Monday night. Joel 1 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7CL TO: Mayor, Councilmembers FROM:. Robin Roland, Interim City Administrator Consider Resolution - Cabling Public Facilities Project SUBJECT: DATE: June 4, 2001 INTRODUCTION Bids have been received for the voice/data/paging/CATV cabling of the Public Facilities Project. DISCUSSION The technology component of the public facilities project requires cabling for voice/data/paging and CATV capabilities. LOGIS, the City's consultant on technology, prepared bid specifications as part of the project development and advertised for bids. Bids were opened on May 3, 2001 at LOGIS and have been analyzed by Kevin Pikkaraine for completeness. Seven bids were received, ranging from $37,700 to $64,990 for the cabling. A listing of the bids is attached with this memo. Using the Base Bid amount, the low bidder is Corporate Technologies of New Hope at $37,700. The Base Bid includes all products and services necessary to complete the cabling project. Amounts shown as "additional connections. are for subsequent connections and should not be used to determine the low bid. BUDGET IMPACT The technology budget (including all facets of data, voice and cable) for the Public Facilities Project is $91,710. ACTION REQUIRED Adopt the attached resolution awarding the Public Facilities Cabling bid to Corporate Technologies at a cost of $37,700. Respectful~ SUbmiV Robin Roland Interim City Administrator City of Farmington Bid Results Vendor Standard Additional References: Bid $: Connections $: Corporate Technologies $37,700 5,825 Cost of adds of 9449 Science Center Dr voice-data $125 New Hope, MN. 55428 State License: (763) 504-3000 CCOO 182 Gre~ Kuhl Structured Cabling Sys $39,298 $2,580 Cost of adds of 701 West Hoffman St voicEHiata $150 Cannon Falls, MN 55009 NO State License Christina M. Henry (507) 263-0518 TelTronix $45,322. 3,650. Cost of adds of 1230 Eagan Industrial Rd voice $100, data Suite 120 $110 Eagan, MN. 55121 State license (651) 452-3500 cc00697. Scott Doran Structured Network Solution $50,410 $3,900 Cost of adds 632 Mendelssohn Ave N voice-data $115. Golden Valley, MN. 55427 Provides cabling (763) 545-1116 for many LOGIS Lew Jurgens members. State cc01125 Telesystems Inc. $51,400 4,505 Cost of adds of 14420 21st Ave N voice -data $65 Plymouth, MN. 55447 State license Vance Treska cc0696 Parsons (AUS) $53,500 3,250 Cost of adds of 5960 Main Street NE voice-data $145. Minneapolis, MN.55432 Provides cabling (763) 571-8000 for many LOGIS Mick Krause cities. Ca01404 Metro Electronics Lifestyle $64,990 $10,580 Cost of adds of 19050 Industrial Blvd NW voice-data $120. Suite 2 State License Elk River, MN. 55330 cc01141 Benito VasQuez RESOLUTION NO. R -01 AWARD BID VOICE/DATA/PAGING/CATV CABLING POLICE AND CENTRAL MAINTENANCE FACILITIES PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 4th day of June, 2001 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the Cabling (voice/datalpaging/CA TV) of the Public Facilities project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Corporate Technologies Structured Cabling Systems Te1Tronix Structured Network Solution Te1esystems Inc. Parsons (A US) Metro Electronics Lifestyle ;and, Total Base Bid $37,700 $39,298 $45,322 $50,410 $51,400 $53,500 $64,990 WHEREAS, it appears the firm of Corporate Technologies, Inc. is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The bid for V oice/DatalPaging/CA TV Cabling City of Farmington Police and Central Maintenance Facilities of Corporate Technologies USA, Inc., a Minnesota corporation, for $37,700.00 is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of June, 2001. Attested to the SEAL Mayor day of June, 2001. Interim City Administrator 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 FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Award Contract - Sidewalk and Curb Replacement Project DATE: June 4, 2001 INTRODUCTION Three quotations were received for the 2001 Sidewalk Replacement Project. DISCUSSION North Country Concrete has submitted the lowest quotation for the sidewalk removal and replacement work proposed for 2001 in the amount of $11,408 (see attached tabulation of quotations). The budgeted amount for sidewalk replacement in 2001 is $9,500. Staffhas included areas, showing significant signs of deterioration, along Third Street that were not originally intended to be replaced in this years program. BUDGET IMPACT The $9,500 amount budgeted for the sidewalk replacement project is accounted for in the City's Street division budget. The additional expenditure of $1 ,908, if authorized by Council, is proposed to be funded 50/50 through the Street division's budget and the Road and Bridge fund. ACTION REOUESTED 1. Authorize by motion the expenditure of an additional $1,908 for this year's sidewalk replacement project. 2. Authorize by motion the award of contract for sidewalk removal and replacement to North Country Concrete in the amount of $11 ,408. Respectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file ... 0 (I) . 0 L- a.. ... c: (I) E (I) 0 CO - (I) 0:: ~ - ; (I) 0 "'C 0 .- 0 CIJ N ~ ~ ~ 0 N 0 ~ co N :E 0 0 I 0 0 0 ci c C") M 0 N N :;::::; C") M u :::l ro N N L.. ..... U ..... 0 l/l I- iIi fI7 fI7 ~ C 0 () 0 >. I ~ :g Q) T""" ce ~ ~ Q) T""" ro ro U u c 0;:: ..... <.9 -= :J c.. fI7 fI7 0 I- 0 0 I 0 0 en en <0 U) 0 0 ..... u ro I'- ....: c c - ..... :g T""" .... Q) 0 E c l- ce fI7 fI7 ~ 0 Q) U () LO :::l ~ U r..: L.. I cO iIi ..... ~ l/l Q) C ~ ro 0 u c 0;:: ....- ....J () :J c.. fI7 fI7 0 I- 0 0 0 0 0 0 0 cO cO 0 0 0 LO 0> ~ ro ci .... ~ ..... U T""" .... 0 ....- I- iIi fI7 fI7 ~ C :::l 0 2 0 0 () ~ 0 ~ u .r:: c:i Lri iIi t:: U Q) 0 c ~ ro 0 0 U LO C 0;:: (5 z () :J c.. fI7 fI7 l- T""" 0 .2;- N 0 :;::::; N C ro :::l a ..... c (j) LL :J ....J (j) ~ ro ~ Q) :g (j) Q) Q) L.. U C 0 () Q) u ro a. Q) 0::: c u c 0 ro :;::::; ro Q) o~ > 0 E .e E Q) 0 Q) ~ ;2 0::: ~ N -e 0 LO :::l LO LO 0 N ()z to c;2 ~ I o _ C") ..... C <0 C ro 0 ""f ()c, T""" to .~ LO 0> E <0 0 L.. =l:t: N ro I NLL c.. u~ roN 00 O:::LO C") .eLO to 0 C C") ~;2 ~ I C") ..... C <0 .Q 0 ~ 0- ....- I c.. C> N N o~ T""" ~ E <0 0> L.. =l:t: <0 ro I T"""LL c.. C") ~ 0 N C") LO 0 Z LO <0 to ~z I <0 <(;2 I'- LO C") >. I ~ C") T""" Q) <0 0 l/l I'- ~ E =l:t: o ro I 1'-0::: c.. /OO-J City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City AdminiStralOr~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - Autumn Glen 3rd Development Contract DATE: June 4,2001 INTRODUCTION The Development Contract for Autumn Glen 3rd is forwarded herewith for Council's consideration. DISCUSSION The final plat for Autumn Glen 3rd was approved by the Planning Commission on April 24, 2001 and by the City Council on May 7,2001. 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: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer pays its apportioned share of costs for the construction of 195th Street. The Developer shall be responsible for the costs of the construction apportioned by the City to properties abutting or adjoining the improvement, and any failure by the Developer, or its successors and assigns, to pay its apportioned costs shall constitute a breach or default under this agreement. At the Developers request, the City may, at its discretion, agree upon receipt of waivers or securities deemed necessary by the City, to assess the Developers apportioned cost for these specified improvements to any parcel within the development or currently un-platted property adjacent thereto, still owned or controlled by the developer, at the time of the request; and 4. 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. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Autumn Glen 3rd Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~/21~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -01 APPROVING DEVELOPMENT CONTRACT AUTUMN GLEN 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 4th day of June, 2001 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R83-99, the City Council approved the Preliminary Plat of Autumn Glen 3rd; and, WHEREAS, pursuant to Resolution No. R46-01, the City Council approved the Final Plat of Autumn Glen 3rd Addition subject to the following conditions. a) Provide a 20-foot wide easement between Lots 14 and 15, Block 1, with 10 feet on each side of the centerline of the storm pipe. b) The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer pays its apportioned share of costs for the construction of 195th Street. The Developer shall be responsible for the costs of the construction apportioned by the City to properties abutting or adjoining the improvement, and any failure by the Developer, or its successors and assigns, to pay its apportioned costs shall constitute a breach or default under this agreement. At the Developers request, the City may, at its discretion, agree upon receipt of waivers or securities deemed necessary by the City, to assess the Developers apportioned cost for these specified improvements to any parcel within the development or currently un-platted property adjacent thereto, still owned or controlled by the developer, at the time of the request; and d) the Developer record the plat with the County Recorder or Registrar of Titles within 75 days after the City Council approves the final plat. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of June, 2001. Mayor Attested to this _ day of , 2001. SEAL Interim City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 4th day of June, 2001, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Arcon Development, Inc, a Minnesota corporation (DEVELOPER). 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for AUTUMN GLEN 3RD ADDITION (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: That part of the Northeast Quarter of Section 24, Township 114, Range 20 lying southerly of the South line of AUTUMN GLEN, according to the recorded plat thereof, and lying easterly of the following described line: Beginning at a point on the North line of said Northwest Quarter distant 750.00 feet west from the Northeast corner thereof; thence south, parallel with the east line of said Northwest Quarter, a distance of 1320.06 feet, more or less, to a point on the south line of the Northeast Quarter of the Northeast Quarter distant 750.00 feet west of the southeast corner of said Northeast Quarter of the Northeast Quarter; thence southwesterly a distance of 1393.21 feet, more or less, to a point on the south line of said Northeast Quarter distant 1200.00 feet west of the southeast corner thereof and said line there terminating. 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. c) the Developer pays its apportioned share of costs for the construction of 195th Street. The Developer shall be responsible for the costs of the construction apportioned by the City to properties abutting or adjoining the improvement, and any failure by the Developer, or its successors and assigns, to pay its apportioned costs shall constitute a breach or default under this agreement. At the Developers request, the City may, at its discretion, agree upon receipt of waivers or securities deemed necessary by the City, to assess the Developers apportioned cost for these specified improvements to any parcel within the development or currently un-platted property adjacent thereto, still owned or controlled by the developer, at the time of the request. 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. 3. Development Plans and Ri2ht 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: 1 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. 4. Sales Office Reouirements. 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. Zonin2lDeveloDment MaD. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reouired Public ImDrovements. 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 Monwnents 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. 2 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. 7. Time of Performance. The Developer shall install all required public improvements by July 1,2002, 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. Ownershio of Imorovements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner 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 fmal acceptance of streets and utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. 3 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 $ 2,273 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapinl!. 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. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving, construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to 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 Manal!ement Fee. The Developer shall pay an area storm water management charge of $ 140,853. 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 (see italics below). The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $ 30,801 will be given to the Developer for Suiface Water Trunk improvements within the Autumn Glen Second Addition plat. The net result is a swface water management fee of $110,052 which will be paid in full by the Developer upon execution of this agreement. 16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Charl!e. The Developer shall pay a water area charge of$ 81,483 for the plat. 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 (see italics below). 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 $ 1,181 will be given to the Developer for Water Main Trunk over sizing within the Autumn Glen Second Addition plat, and a credit of$ 31,168 will be given to the Developer for Water Main Trunk oversizing within the Autumn Glen Third Addition plat. The net result is a water main trunk area charge of $ 49,134 which will be paid in full by the Developer upon execution of this agreement. 4 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 30,680 for the plat. 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 (see italics below). 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. The water treatment plant fee will be paid in fUll by the Developer upon execution of this agreement. 19. Sanitary Sewer Trunk Area Charee. The Developer shall pay a sanitary sewer trunk area charge of $ 67,228 for the plat. 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 (see italics below). 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. The sanitary sewer trunk area charge will be paid in fUll by the Developer upon execution of this agreement. 20. Park Dedication. The Developer shall pay a park dedication fee of $ 0.00 (the park area was previously dedicated to the City in the form of land) in satisfaction of the City's park dedication requirements for the plat. 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 $ 3,599 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 $ 2,892 based upon the number of lots within the subdivision. This fee shall be paid to the City upon execution of this Agreement. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean Uo. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 946,125. 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: 5 Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ N/A* $ 264,750 $ 177,375 $ 83,500 $ 312,125 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 14,750 $ 20,000 $ 55,750 $ 17,875 $N/A 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. *Security for grading and erosion control has been previously provided. **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. 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. 6 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 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 fmal 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 7 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 AM. until 7:00 P.M. 8:00 AM. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24 hour basis such as dewatering, etc. Any deviation 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 defined in said Paragraph 30. 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 address: 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 City 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 8 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Robin Roland, Interim City Administrator DEVELOPER: Arcon Development, Inc. By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651)463-7111 9 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 10 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOb TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Dakota County 2002 - 2006 Capital Improvement Program DATE: June 4,2001 INTRODUCTION Dakota County has requested the City's input in preparing the County's 2002 - 2006 Capital Improvement Program (see attached letter). DISCUSSION Staff forwards the following projects as recommendations for Council to request for inclusion in Dakota County's 2002 - 2006 CIP. CR 74, Ash Street, RR Tracks to Trunk Highway 3 - 2003 The City and Castle Rock Township are currently completing studies to determine the feasibility of this project. It is anticipated that the feasibility ofthe project will be determined prior to the County's deadline of October 1 st for comments on the draft CIP. CSAH 50, Division Street to TH 3 - 2005 The preliminary engineering for this project is currently scheduled in 2005. It is recommended that the construction of the project be scheduled in 2006, unless turn back funds become available sooner than is currently anticipated. If funds become available sooner, the City would request that the project be initiated sooner. CR 64,jrom CSAH 31 to TH 3 - 2003 CR 64 (l95th Street) from CSAH 31 to Trunk Highway 3 has been identified by the City and the County as a vital east-west corridor in Farmington and through the County. The segment from CSAH 31 to the Autumn Glen Development will be constructed in 2001 as a City project. The Seed-Genstar Property that is scheduled for annexation into the City in 2002 abuts the future alignment of CR 64 east of the current project limits. CR 64 will need to be extended to TH 3 as the Seed-Genstar property develops, which is anticipated to begin in 2002 - 2003. CSAH 31, CSAH 50 to CSAH 74 - 2006 Based on the observed growth rate in the City, it is recommended that this segment of CSAH 31 be included in the County's CIP for construction in the year 2006. 20th Street - 2005 The concept of the County participating in the construction costs of City streets that support or relieve parallel County Roads has been discussed with the County. The extension of 208th Street to TH 3 would provide a significant, positive impact on Elm Street (CSAH 50) from a traffic standpoint. Therefore, it is recommended that the County adopt a policy based on this concept and include the extension of208th street from its current easterly terminus to TH 3 in the year 2005. BUDGET IMPACT It is currently the County's policy that the costs of the roadway improvements are split 55% County and 45% City. City financial participation in the projects identified is yet to be determined but would likely include a combination of funding mechanisms that would be identified in individual project feasibility reports. ACTION REOUESTED Authorize staff to forward the recommended requests to the County for preparation of the Dakota County draft 2002 - 2006 CIP. Respectfully Submitted, ~YJ1~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file Division of Physical Development Susan L. Hoyt Director Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124-8579 952.891.7000 Fax 952.891.7031 www.co.dakota.mn.us o Printed on recycled paper with 30% post-consumer waste. AN EQUAl OPPORTUNITY Ef1ll0YER ~~~ \r~ -fC;l ~.. n '\YJ l~:::T~: \ \ f\ \ L5 ~ t=::.-';;:..--...__.. \\\jlr-~ \: Ii \ ~PR - A 7.001 \\\:.\ _....0" 1,;\; _ :\:t=~----_..----~ March 29,2001 Lee Mann, Public Works Director City of Farmington 325 Oak Street Farmington MN 55024 Dear Mr. Mann: We are beginning the process for our annual revision to our 5-year Capital Improvement Program (CIP) and again we are seeking your input. We would appreciate your recommendations for changes or modifications that you would like incorporated in the County's 2002-2006 Capital Improvement Program. Attached are summary sheets of the projects from the 2001-2005 CIP. A full copy of the CI P will be sent to your City Administrator in early April. Please contact the following individuals for additional information or to discuss revisions to the crp: Transportation Projects: Parks Projects: Intermodal Projects: Building Projects: Holly Anderson Steve Sullivan Lynn Moratzka Ken Harrington (952) 891-7100 (651) 438-4660 (952) 891-7030 (651) 438-4542 County staff will be contacting you to arrange an individual meeting for the CIP in May. County Transportation staff will present a draft of the transportation crp to city engineers and public works officials at the June CONDAC meeting. The following is our CIP schedule: Deadline for receiving comments. Development of the Draft CI P based upon comments received from cities, townships, transit providers and the County. Presentation of the Draft CIP to the County Board at its Administration/Finance/Policy Committee of the Whole (AFP) meeting. Distribution of the Draft CI P for comments. Deadline for receiving comments for the Draft CI P. Development of the Final Draft CI P based upon comments received. October 30: Presentation of the Final Draft CIP to the County Board. October 31: Revision of the Final Draft CIP based upon County Board comments. November 27: The County Board adopts the final draft CIP. July 1: August 7: September 1 : October 1 : October 2: Thank you for your help in developing our 2002-2006 Capital Improvement Program. Sincerely, Susan Hoyt, Director Physical Development Division cc: City Administrators Brandt Richardson, County Administrator Don Theisen, County Engineer Lynn Moratzka, Director, Offic~ of Planning Steve Sullivan, Parks Director Ken Harrington, Director, Capital Facilities Planning 0 0 0 0 0 0 - 0 0 fit 0 0 0 0 0 a 0 0 0 a 0 0 0 0 0) 0 0 0 0 0 0 a 0 0 0 0 0 0 r-: <ri ci ci ci ci ci ci C'"i 0 a 0 0 N <0 0 0 0 0 ER- fit M to 0 to ~ 0) N. to to 0 0 a 0 1'-. '-~.... 0 M M N ER- a <D <D <D co 0 <0 0 ER- fit a 0) 0 0) <0 0 0) N ..... 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CD .. .G- - -------------- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 10 (!..., TO: Mayor, Council Members FROM: Robin Roland, Interim City Administrator SUBJECT: DATE: 200~ Budget - Council Goals June 4, 2001 INTRODUCTION Each year, the City Council reviews and adopts budget goals that are used by staff to develop a balanced budget document for the following fiscal year. DISCUSSION The City budget process uses the following tenants: . Primary department activities and functions are accounted for and budgeted within separate cost centers. All costs such as personnel, charges and services, supplies, and capital outlay associated with a primary department activity are budgeted within that specific "cost center". This allows for greater reporting detail giving a concise understanding of what each activity does and what it costs to "do it". . The budget process includes department heads, line supervisors and activity managers in developing and preparing specific budget requests. All staff involved receive an enhanced understanding of budget requests and direct accountability for the expenditures by their department. This process allows employees to share their insights into how work processes can be performed more efficiently and effectively, and makes them accountable for budgeted expenditures. . Budget requests are reviewed by the entire "management team". Department budget requests are submitted by department heads, supervisors and activity managers. The requests are reviewed and prioritized by the management team to achieve a balanced budget. . Finally, the Council will be presented with a proposed, balanced budget document for their review, modification and adoption. Over the last five years, this budget process has provided the City with an annual financial plan to achieve the Council's stated budgetary goals. In addition, the City's budget document has been recognized by the Government Finance Officers Association (GFOA) with their Budget Award since 1998. Proposed 2002 Budget Financial Goals The following guidelines are proposed for Council consideration and adoption. These guidelines will establish the framework. the management team will observe in development of the 2002 Budget. . 1) A commitment to maintain the local tax capacity rate at the same level as in the previous fiscal year; providing the cost-effective delivery of public services to a rapidly growing residential population. 2) 3) 4) 5) 6) A fiscal goal that maintains a fund balance in the General Fund, for working capital, of no less than 25% of planned 2002 General Fund expenditures. A commitment to maintaining the 2002 debt levy at no more than 25% of the total levy. A comprehensive review of the condition of capital equipment to ensure the most cost effective replacement schedule is followed. A team approach which encourages strategic planning to meet immediate and long-term operational, infrastructure and facility needs. A management philosophy that supports implementation of Council policies and goals, and is responsive to changing community conditions and concerns. ACTION REQUESTED Adopt 2002 Budgetary Goals as presented. ~~J Interim City Administrator /od 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: Vermillion River - Proposed DNR Troutstream Designation DATE: June 4,2001 INTRODUCTION The Minnesota Department of Natural Resources is proposing to further designate the Vermillion River as a trout stream from the current terminus of trout stream designation in downtown Farmington to Highway 52. (See attached documentation). DISCUSSION The stretch of the Vermillion River that currently carries the trout stream designation was designated as a trout stream by the DNR in 1988. At that time, the designation ended in downtown Farmington due to the conditions of the river that appeared to limit trout survival to those areas upstream of the creamery. Recently, the DNR has conducted studies along the river in regards to the trout habitat and have indicated that trout are surviving and reproducing in the river beyond the areas of the river that are designated as a trout stream. Therefore the DNR has started the statutory process to expand the trout stream designation along the Vermillion River. A trout stream is a unique natural resource that deserves serious consideration. The Council should be aware, however, that the land use and economic ramifications resulting from the proposed designation could be significant. As indicated in the attached documentation, alternative storm water management plans may need to be adopted to comply with the new proposed regulations. In addition, the main method proposed to mitigate development impacts on a trout stream (infiltration basins), while theoretically should be effective, are not time tested and initial research suggests that within a relatively short period of time (5-7 years) infiltration basins may have a failure rate of up to 75%. Infiltration basins are utilized to mitigate impacts to trout streams by allowing the relatively warm storm water that runs off developments to infiltrate into the ground rather than run off directly into the stream. Trout streams, in order to support trout, need to have relatively cold water temperatures. It is staff's position that all of the implications of the expanded designation should be identified and disclosed before the DNR makes a final decision on this issue. In addition, all of the data the DNR has gathered that supports the trout stream designation should be made available for review. BUDGET IMPACT None. ACTION REQUESTED For Council information and discussion. Respectfully Submitted, ~frt~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file ~ ~ .~ == ~ .9 8 ='~ ~ c; ~.9 c ~ ~ .S = t) ::::3 .~ <1J a.. OIl u .c... .9 v~~ 13 0 <U~. .~.~ QJ U Q.) .- "... =~O~>-M ~~0Il<u.'::l - .0 e .0. a "'0 ! ::l 0Il'~ 0 ._. . OIl ~ = - ~ ~.~ =.0 a Q. =_-5~.9 0 ce 04-0u~;.. ::: 0 ._ ... ~ _ . ....c\Oo~ GI ~~o== fit ~ C l. .; .:: OIl ::: o u ~ ~ o ~ I:: ~< I I I 1- ... , ..:: I C i ::I . t:: i_ .~ ... '-gi~tii~;llf'li ! . ~..=ce. .n.J...frn..'....."...,""~ . 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'.;>", .... r ",:;t.i!;,,.. . \I i~~'t- ~~J . . .. .'::cI'.;,-.:t.. ~I:' . .::'r- .~ .~ Ill~S()(Jll(~I~ 1\')' l' (~ll()SSll()l\I)S The Vermillion River Snaking along 38 miles on its way to the Missis- sippi, the Vermillion River is one of the defin- ing natural features of Dakota County. It's also among a mere handful of streams in the region still healthy enough to support trout. Whether it re- mains that way in the future depends on the ac- tions citizens and local officials take today. A trout stream on the mend - for now The history of the Vermillion River in modem times is a roller coaster ride of ups and downs. Once considered among the best brook trout streams in the upper midwest, changing land uses, wastewater discharges, and other consequences of settlement soon took their toll, causing water quality to decline to the point where trout could no longer survive. Rambling River Park. For the past three years, DNR, the City ofLakeville, and the Vermillion River Watershed Management Commission have partnered to monitor water temperatures, complete stream assessments, and survey various sections of the river for the presence of trout. These studies have found that trout are not only surviving, they are reproducing in significant numbers. And the range ofthe trout, along with the conditions needed to support them, have extended well beyond the stretch currently designated. By the mid-1980s, better agricultural practices, sewage treatment, and stormwater management had brought about significant improvements in water Such signs are encouraging. But if the quality. In 1988, DNR Fisheries found ..:":'7-- - water quality of the Vermillion River is to that portions of the Vermillion once again had become be maintained, communities within its watershed will need clean and cold enough to support trout, and, at the to take special precautions to assure that this fragile request of the city of Farmington, the agency officially resource remains healthy. Trout need cold, clean water to designated these reaches as a trout stream. survive. If stormwater runoff from the rapidly developing communities surrounding the Vermillion isn't properly handled, the stream could once again become too warm and polluted to support this sensitive species. Since 1990 the Southern Dakota County Sportsman's Club and Minnesota DNR have stocked brown trout and some rainbow trout in Farmington's The Vermillion River is one of only 16 streams in the seven-county metro region still clean and cold enough to support trout. Located in rapidly develop- ing Dakota County, its survival as a trout stream will depend on those com- munities within its water- shed. Only a portion of the Vermillion is currently a designated trout stream, but recent studies show that trout are flourishing in other reaches of the stream as well. Designating these parts of the stream may help to save this unique re- source. 2 o 4 Miles 2 The Vermillion River: Resource At A Crossroads Questions & 'kswers Q: Why is the Vermillion River the focus of so much recent attention? A: Flowing from west to east across southern Dakota County, the Vermillion River is one of the area's most significant natural features. Portions ofthe river are also a designated trout stream. In recent years, people have come to more thorougWy understand how natural resources provide a range of social, eco- nomic and environmental benefits that contribute to their overall quality of life. Consequently they've stepped up ef- forts to protect the Ver- million. Q: What's so special about a trout stream? A: Trout need clean, cold water to survive, so not every stream can support them. Many trout treams have become victims of development, because the stormwater that runs off roads, roofs and parking lots into the streams is too warm and dirty. Those that remain are an indicator of environmental health. Only about 16 streams in the entire seven- county metro region are still healthy enough to support trout, and some ofthose are threatened by urban growth. Q: What is a "designated" trout stream? A: When a stream meets certain criteria, the Commis- sioner of Natural Resources can officially designate it as a trout stream. This designation is generally based on data such as the stream's temperature and the presence of trout. A designated trout stream is subject to different angling regulations and it may be eligible to receive funding for improve- ments from the sale oftrout stamps, required when angling on designated waters. In addition, projects within a trout stream's watershed may receive closer scrutiny to identifY and, where possible, avoid negative impacts to its water quality. Q: Will expanding the designated portion of the Vermillion River be enough to keep the stream healthy? A: No. Designation will help focus attention on what needs to be done to keep the Vermillion healthy. But following through on those policies will be up to local decision makers and citizens. Q: Will expanding designation have much impact in terms of regulating land use and development? A: Designation will have only minimal regulatory impacts. However, if the Vermillion is to be pre- served as a healthy trout stream, local units of government may need to adopt alternative stormwater management plans to assure that added runoff does not degrade the stream's water quality and contribute to flooding and erosion. Such plans were recently adopted by the city ofLakeville. Q: Why should local citizens and decision makers support efforts to protect and improve the health ofthe Vermillion River? A: Healthy natural resources provide a range of benefits. They provide recreational opportunities, enhance nearby property values, offer educational opportunities and contribute to a community's overall quality oflife. ~.;jI .".. I . I I I I l- " - . DEPARTMENT OF NATURAl RESOURCES ,~ ~.~."~ ~, Partneringfor effective resource stewar - ..... I ,t-" ,,-;,: _Situated at the edge of the Twin Citie~ ~et:opo}itan-r~gion, the Ve~liQ~ River i~~!~9ntical crossroads. With urban growth contmumg at a rapId pace around It<, this stream - one of only a I . few in the entire region still healtHy et)ough to support trout - could.becomeseriously degraded unless communities within its watershed take pro~ctive steps to protect it. F or the past few years, a number of agencies and organizations, including the Minnesota Department .. of Natural Resources, the Dakota Soil and Water Conservation District, and Friends ofthe Missis- sippi River, have been working with citizens and communities throughout the Y.s..nnillion watershed to protect this unique resource. Drawing upon data gathered in recent years, theDNR arlg<o . JaF~~ now proposing that those reaches ofthe Vermillion officially designated as trout- stream b ~ded. Designation alone can't save the Vennillion, but it will help define necessary_conservation me~.."':"'- ",,:;_ and focus efforts into sound stewardship plans. If future generations ofDakot~~l}nty resideJl~, are to enjoy this special natural feature, it will require the concerted efforts~oflocal a~ision mak~':", citizens, and state and local government working in partnership. - ",..)..._ J/Y . . ~..,;-- ~- ,... 6.~ ~ r- .. ~ . po ':; ; .. r D f'~ ""..1'. . r or mqre InJ ormation contact: I '[ Michele Hanson r' Watershed Coordinator ~ DNR - Metro 651-772-6152 Jason Moeckel StreamIJabitat Specialist DNR --Metro-Fisheries 651-772-7965"of- ., . _ i .~ l..._ - - I r-- -", ... ~ ~ ....".~ .. DNR - Metro 1200 Warner Road St. Paul, MN 55106 po 651-772-;.7900 ' .. r."...t. .' . ....... ~ ~~ ~~* ~ "'~ ""~ . U I ~.~~ . .,.d~. . I -$~~""". '..~~. ., " r . f"".- ,.'" ^~'~. .-r Ie Equal opportunity to participate in and benefitfrom programs of the Min'!!J..sota Department ottlgtur-d!;, all individuals regardless of race, color, creed, religion, national origin, sex, marital status, .~!~ ' assistance, age, sexual orientatition or disability Discrimination inquiries should be sent t9 MN~ Paul, MN 55155; or the Equal Opportunity Office, Dept. of Interior, Washington, DC 2024Q.,; ._~ This information is available in an alternate form upon~. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /Oe., TO: Mayor and Councilmembers Interim City Administrator ~ FROM: David L. Olson Community Development Director SUBJECT: Request to Schedule Joint Workshop DATE: June 4,2001 INTRODUCTION The Planning Commission along with the consulting firm of Hoisington Koegler and staff have been working on various updates and necessary new provisions to the City Zoning Code for several months. DISCUSSION The Planning Commission along with the consultant have requested the opportunity to meet and discuss with the City Council the provisions of the Zoning Code that have been reviewed to date. \ Two possible dates for consideration for the joint workshop are: Wednesday, June 13th, 2001 at 6:30 p.m. Tuesday, June 26th, 2001 at 5 :00 p.m. ACTION REQUESTED Indicate the preferred date for a Joint Workshop with the Planning Commission to discuss Zoning Code update issues. cc: Mark Koegler, Hoisington Koegler City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /~ TO: FROM: SUBJECT: Mayor, Council Members Robin Roland, Interim City Administrator DATE: Flagstaff Avenue Update June 4, 2001 INTRODUCTION At the May 21, 2001 Council meeting, Engineering presented a report on improvements to Flagstaff Avenue, which identified the cost of such improvements. at $500,476. Council asked for information on available funding for such a project. DISCUSSION City road construction projects are normally financed using Minnesota State Statute 429 procedures and the City's assessment policy. In the case of the Flagstaff Avenue options put forth by the Engineering department, it would be difficult to use the Statute 429 process of assessing due to the questionable ability of the City to show "benefit" to assessed properties as defined by law. Additionally, the properties along Flagstaff are Ag Preserve properties and as such are exempt from assessment under law as long as they remain in Ag Preserve. If assessments are not an option, funding would need to come from available City funds. The Road Construction Fund (formerly Road and Bridge) is currently committed to pay for the City's portion of 195111 Street, the Downtown Streetscape, the 3rd Street overlay, and the interior road of the Public Facilities Site (now known as Municipal Drive). Although staff anticipates future positive cash flow to this fund, an expenditure of this magnitude at this time would not be feasible. The other option for financing this project is for 100% of the residents along Flagstaff to agree to pay for the costs. ACTION REQUESTED This information is provided for Council's review and discussion. Council direction to staff regarding a course of action is needed on this issue. Respectfully submitted, Jtf~~ Interim City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us //6 TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - Akin Road Project DATE: June 4,2001 INTRODUCTION The plans and specifications have been prepared for the Akin Road Improvement project. DISCUSSION At the March 5, City Council meeting, the City Council ordered the Akin Road Improvement Project and authorized preparation of plans and specifications. Project Issues Bridge Culverts Since the Council ordered this project, it has come to staffs attention that State funds are available for the replacement of deficient bridges. The bridge culverts at Middle Creek on Akin Road are hydraulically deficient and as such are eligible for funding. The original estimated cost to replace the culverts was estimated to be approximately $400,000. At this point in the design, the bridge costs are estimated to be in the $200,000 range. It is further estimated that approximately $150,000 of those costs would be eligible for funding. In light of this information, staff recommends that the bridge culverts be removed from the project to allow for the State to review and fund the culverts. Review by the State would not be completed in time to allow the installation of the culverts before the start of school, which is necessary since replacement of the culverts will require that Akin Road be closed for at least four weeks. The bridge culvert project would be bid and constructed next year after school lets out. Attached for Council's adoption is a resolution requesting funding from the State for this bridge replacement. Guard Rail- East side of Akin Road, North of 193rd Street The City's traffic engineer has reviewed the concept of installing guardrail along Akin Road at the above mentioned location, as requested. The proposed design of the roadway does not require guardrail according to MnDOT requirements for State Aid Highways. Guardrail poses an additional hazard for motorists, creates maintenance issues and is not typically recommended when it is not necessary in accordance with MnDOT requirements. It is the traffic engineer's opinion that guardrail should only be installed if it reduces accident severity and in this case, guardrail is not necessary. Crosswalks Staff has reviewed the crosswalk issue on Akin Road. The City's traffic engineer and the rest of staff are in agreement that installing a crosswalk on Akin Road at an intersection that is not controlled by a stop sign is not recommended. A stop sign is proposed at the intersection of 19Sth Street and Akin at the time 19Sth Street is extended to the east. At that time, if a trail is extended to Akin Elementary from Akin Road, a trail connection will then exist and that intersection would be considered for a crosswalk. Requested Improvements Farmington Lutheran and Bible Baptist Church have requested that turn lanes be installed to service their future and existing facilities. In addition, Farmington Lutheran has requested that water service and sanitary sewer service be extended from the west side of Akin Road as part of this project to serve their future site. These improvements are included in the plans that will be put out to bid. Farmington Lutheran also requested that the future public street that would abut the south side of their project be constructed at this time. It is staffs recommendation that the future street be constructed as part of the future building project so that issues interrelated between the future facility and the street can be coordinated. State Review The plans are being submitted to the State for review since the City's funding is coming from the City's Municipal State Aid Account. The bid date proposed is dependent on the State's review time frame. BUDGET IMPACT The estimated total project cost with removal of the bridge culverts from the project and not including the improvements requested by Farmington Lutheran and Bible Baptist Church is $1,406,160. These project costs will be allocated between the City and the County as outlined in previous communications to Council. The improvements requested by the aforementioned churches would be entirely funded by the churches. ACTION REOUESTED 1. Adopt the attached resolution approving the plans and specifications for the Akin Road Improvement project and authorizing the advertisement for bids. 2. Adopt the attached resolution prioritizing replacement of bridge structures and requesting funding for the bridge on Akin Road at Middle Creek. Respectfully Submitted, ;t: J11 ~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -01 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS PROJECT 00-05, AKIN ROAD IMPROVEMENTS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 4th day of June 2001 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R22-01, plans and specifications have been prepared for the following proposed improvement: Proiect No. 00-05 Akin Road Improvements Description Street, Trail & Utility Improvements Location CSAH 50 to I 90th Street ; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, I. Plans and specifications prepared by Glenn Cook, P.E., engineer for such improvement, are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the Farmington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvement under the approved plans and specifications. The advertisement shall be published no less than three weeks before the last day for submission of bids in the Farmington Independent and at least once in the Construction Bulletin. The advertisement shall specify the work to be done, shall state that the bids will be opened for consideration publicly at 2:00 p.m. on the 12th day of July, 2001 in the Council Chambers of the City Hall by two or more designated officers or agents of the municipality and tabulated in advance of the meeting at which they are to be considered by the Council, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of each bid. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of June 2001. Mayor Attested to the day of , 2001. City Administrator SEAL RESOLUTION NO. R - 01 RESOLUTION PRIORITIZING REPLACEMENT OF BRIDGE STRUCTURES AND REQUEST FOR FUNDING Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 4th day of June 2001 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the Minnesota State Legislature has provided funds for assistance in the rehabilitation or reconstruction of deficient bridges; and WHEREAS, the City of Farmington, Minnesota has analyzed the bridges needing rehabilitation or reconstruction on city streets; and WHEREAS, the City of Farmington desires assistance with funding of deficient structures. NOW THEREFORE BE IT RESOLVED, that the City Council of Farmington does hereby request financial assistance from the Minnesota State Transportation Fund in the reconstruction of the following bridges: Bride:e No. L3190 Location Akin Road Priority 1 Estimated Cost $150,000 This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of June 2001. Mayor Attested to the day of , 2001. City Administrator SEAL 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: Andrea McDowell Poehler, Assistant City Attorney SUBJECT: Urban District Designation DATE: June 4, 2001 INTRODUCTION At the last City Council meeting, Councilmember Soderberg asked several questions about the possibility of designating certain areas as urban districts. As I recall, the questions were: 1. Where multiple segments of a street meet the definition of an urban district under Minn. Stat. ~169.14, subd. 5b, but are not contiguous, can each segment be designated as an urban district? 2. For purposes of establishing an urban district, must the driveways of the structures on property abutting the street enter the street to be designated as an urban district? DISCUSSION Legally the answers to both questions are not entirely clear. Minn. Stat. ~ 169.14, Subd. 5b provides as follows: Subd. 5b. Segments in urban districts. When any segment of at least a quarter-mile in distance of any city street, municipal state aid street or town road on which a speed limit in excess of 30 miles per hour has been established pursuant to an engineering and traffic investigation by the commissioner meets the definition of "urban district" as defined in section 169.01, subdivision 59, the governing body of the city or town may by resolution declare the segment to be an urban district and may establish on the segment the speed limit for urban districts prescribed in subdivision 2. The speed limit so established shall be effective upon the erection of appropriate signs designating the speed and indicating the beginning and end of the segment on which the speed limit is established, and any speed in excess of such posted limits shall be unlawful. A copy of the resolution shall be transmitted to the commissioner at least 10 days prior to the erection of the signs. The statute defining urban districts is not clearly written. Furthermore, there are no rules, regulations or case law interpreting the statute. Discussion with the Minnesota Department of Transportation personnel who regularly work with urban districts indicates that even they do not have a consistent rationale for the application of the statute. After reviewing the statute and discussing the issue with the Minnesota Department of Transportation, I believe that partial, sequential segments of a street may be designated as urban districts. However, cities have a duty to exercise due care in creating speed zones. The creation of speed zones, including urban districts, must be reasonable. Creating urban districts wherever the definition is literally met may not be proper or advisable. The authorizing law is a traffic safety statute. Because the speed limit is reduced to 30 miles per hour in urban districts, a designation that would create scattered segments of undesignated street between segments of street designated as urban districts may create unsafe traffic situations. These situations may result in disparities in speed in relatively short distances. For example, several relatively short segments between quarter-mile segments of designated urban districts could remain undesignated. In those non-urban district segments this would create short zones of 55 miles per hour speed limits between quarter-mile 30 miles per hour zones. Although I am not a traffic engineer, this appears to raise traffic safety issues. The Minnesota Department of Transportation's reported approach to establishing speed zones under a traffic survey is utilizing the 85th percentile of traffic speeds to determine the correct speed limit for the area. Under this approach the speed limit is rounded to the nearest multiple of five (5) near the speed at which 85% of the traffic is traveling at or under. In areas where two urban districts are separated by a segment that does not meet the definition, it is possible that after the Minnesota Department of Transportation conducts the study requested by the local unit of government, that the speed in that segment would also be reduced. However, that study may also show that the proper speed is higher than the posted speed of 30 miles per hour in the urban district. If that was the finding, the city could face liability issues for traffic accidents that happened in the areas not only designated as urban districts, but parts of the streets near those designated areas. However, each situation is unique and generalizations are nearly impossible. On the issue of driveways, I think that driveways from structures on property abutting the street should probably enter the street to be designated as an urban district in order to meet the definition of an urban district. Whether a driveway must enter that street is a matter of the meaning of "built up with structures." In order for this phrase to have meaning, it probably refers to structures abutting and located on the street in question, including their driveways. There are several reasons for this likely conclusion. First, in order for a street to be "built up with structures" those structures must be on property abutting the street, presumably with driveways entering onto that street or the buildings addressed on that street. Secondly, applying the statute with a meaning contrary to requiring the structures to be located on property abutting the street, addressed on the street or with driveways on the street, could yield an absurd result. Under that reading of the statute, right-of-ways designed as interstates and state controlled access highways could meet the definition of an urban district, allowing local governing bodies to reduce the speed to 30 miles per hour in cases where properties with structures generally meeting the definition face or utilize a different street. Finally, the language would be superfluous if the structures referred to were not on property abutting the street, with addresses or driveways on the street. There is a rule of statutory construction that whenever possible, no word, phrase, or sentence of a statute should be deemed superfluous. Conclusion In short, the city has the ability to designate areas as urban districts. In making that designation, the city should exercise reasonable care. If an area is found that meets the statutory definition, the next step should be to consult with individuals who are knowledgeable about traffic safety. Even though an area may meet the definition, designation as an urban district may not be advisable. Hopefully this memorandum answers your questions. If you have any additional questions or want clarification on any of these issues, please call me. ACTION REOUESTED For City Council information only. Respectfully Submitted, Andrea McDowell Poehler Assistant City Attorney cc: file