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HomeMy WebLinkAbout03.05.01 Council Packet COUNCIL MEETING REGULAR March 5, 2001 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/20/01) (Regular) b) Approve Therapeutic Massage License - Administration c) Appointment Recommendation - Fire Department d) Authorize Corrective Deed for Outlot C, Tamarack Ridge - Administration e) Capital Outlay Liquor Operations - Finance f) Capital Outlay - Parks and Recreation g) Consider Joint Powers Agreement Empire Township Outdoor Warning Siren - Police Department h) Schools and Conferences - Fire Department i) Schools and Conferences - Police Department j) Approve Bills 8. PUBLIC HEARINGS a) Consider Resolution - Akin Road Project - Engineering b) Consider Resolution - 2001 Seal coat Project - Engineering c) Consider Resolution - Vacate Sanitary Sewer Easement - Bristol Square 2nd Addition - Engineering 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider 2001 Council Goal Setting Workshop Considerations- Administration b) Consider Ordinance - Charleswood PUD/Rezone - Community Development c) Consider Resolution - Charleswood 5th Addition Preliminary Plat - Community Development d) Consider Resolution - Revised Middle Creek 2nd Addition Final Plat - Community Development e) Consider Resolution - Tamarack Ridge 2nd Addition Development Contract- Engineering f) Ash Street Project Communication - Castle Rock Town Board - Engineering Action Taken Approved Approved Approved Authorized Information Received Information Received Approved Information Received Information Received Approved R22-01 R23-01 R24-01 Approved Postponement Ord 001-460 R25-01 R26-01 R27-01 Information Received 11. UNFINISHED BUSINESS a) Consider 19Sth Street Project Funding/Turnback Settlement Agreement with Dakota County - Administration (Supplemental) b) Consider Executive Recruitment Options - Administration Accepted Accepted 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN ~. COUNCIL MINUTES REGULAR February 20, 2001 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None City Attorney Jamnik, City Administrator Erar, City Management Team 4. APPROYEAGENDA MOTION by Strachan, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA Councilmember Soderberg pulled item 7b) Approve Enron Encroachment Agreement - Public Facilities for discussion. Issues under review with Enron involved the siting of the two facilities, storm sewer and related parking facilities and streets to minimize potential encroachments on the easement. Councilmember Soderberg stated when a utility changes an easement, they get more restrictive or end up with more property rights. We seem to give up property rights and become so restrictive, we cannot do much with the property. If the utility wants the property rights, let's sell them the property and give us an easement to cross it. He asked how this agreement changes the original 1948 agreement or the 1970 modification. City Attorney Jamnik replied it does not change the original easement rights. It is an additional agreement addressing the placement of roads, landscaping, and other public facilities over and above the existing easement. It does not broaden their easement rights. Councilmember Soderberg asked if this type of agreement is necessary in light of the earlier agreements. City Attorney Jamnik replied yes, the only way to avoid it would be to not place any landscaping, roads, etc. over the easement. MOTION by Cordes, second by Verch approving the encroachment agreement between the City and Enron. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (2/5/01) (Regular) c) Received Information Capital Outlay - Finance d) Adopted RESOLUTION R20-01 Accepting Donations Senior Center - Parks and Recreation Council Minutes (Regular) February 20, 2001 Page 2 e) Received Information MN Department of Health - Testing Results - Engineering f) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Wetland Health Evaluation Program - Dakota County Ms. Diane Rouse, a representative of Dakota County's Wetland Health Evaluation Program presented to Council the results of last year's study. In 1999 and 2000 there were nine program volunteers from Farmington. She presented the City with the National Association of Counties Achievement Award for participating in the Wetland Health Evaluation Program. b) 2000 Fiscal Review - Finance A preliminary review of 2000 General Fund Revenues and Expenditures was presented to Council. Revenues for 2000 exceeded budget by $171,144, primarily due to building permit activity in the last two months of the year which exceeded all expectations. Expenditures for 2000 were under budget by $68,675 or 1.6%. The preliminary review indicated an increase to the General Fund Balance of $338,283 as compared to a budget increase of $98,464. This increase will bring the Fund Balance to 31 % of Operating Expenditures for the coming year. Councilmember Strachan commented he has been on the Council for five years, and to be at 31 % is a credit to a lot of people. The workforce works lean and smart to get the work done. He thanked staff and all employees for their good work. c) 2005 MUSA Allocation Process Update - Community Development The 2005 MUSA Review Committee is proposed to act as a canvassing board performing within a legislative process to recommend to the Planning Commission and ultimately the City Council the designation of MUSA acres to properties petitioned by the owner. MUSA is areas of land where City sewer is available. The voting portion of the Committee would be comprised of the Mayor, Planning Commission Chair, Parks and Recreation Chair, ISD #192 School Board member along with the City's Community Development Director. This Committee will recommend whether to grant 2005 MUSA designation to requesting properties. The voting committee will be evaluating 12 properties within the City limits and potentially 4 other properties currently being considered for annexation to determine the feasibility of designating MUSA to these properties. The Committee is limited to allocating 610 acres. City staff is recommending relative weights be assigned to each criteria and preparing a calculation spreadsheet for the voting members of the committee. The final score that will determine if a property will receive MUSA will be a composite of the fixed weight percentage multiplied by a points variable. The variable points Council Minutes (Regular) February 20, 2001 Page 3 assigned to each property would be in the range of 1 to 5; thereby creating a composite score that takes into account the committee's perception of the property's importance for MUSA designation and multiplied by the assigned weight for each criteria. The criteria and rationale for weighting the criteria was discussed. Additions to the list include property owners that have recently petitioned for MUSA designation: Dave Finnegan (East of Akin Road and south of Autumn Glen) Molly Murphy (North of the Farmington Middle School Campus) Babe Murphy (within City limits, north of Molly Murphy Property) Dakota County Highway Shop (South of CSAH SO) Michael Devney (East of the Prairie Waterway along CR72) After presentation and acceptance of the 2005 MUSA Review Committee methodology by the City Council, Planning Commission and Parks and Recreation Commission, a meeting of the committee to designate MUSA will be held April 30 - May 4, 2001. MOTION by Verch, second by Soderberg accepting the Executive Summary, methodology and schedule for the 2005 MUSA Review Committee. Any recommendations will be forwarded to the Planning Commission and Parks and Recreation Commission. APIF, MOTION CARRIED. d) Housing Affordability Legislation - 2001 Legislative Initiatives - Community Development The Builders Association of Minnesota and the Minnesota Association of Realtors have recently introduced a legislative agenda dealing primarily with City fees that they cite as barriers to the development of affordable housing in the state. The legislative agenda contains the following suggestions: A requirement that Enterprise Funds or Special Revenue Accounts be established for all development and building fees with no general fund crossover. A requirement for detailed reporting to the state regarding fee revenue that was both collected and expended. A mandatory 10-day turn around on building permit applications. Special assessment appeals waivers for developments would be prohibited. A Plan Check fee would not be allowed for subsequent plan reviews unless there are substantial modifications to the plan for the original application. Staff will continue to monitor the legislative issues that have been introduced and keep the Council apprised of any pending bills that may come before the legislature. Council Minutes (Regular) February 20, 2001 Page 4 e) Consider Resolution - Tamarack Ridge 3rd Addition Development Contract - Engineering The final plat for Tamarack Ridge 3rd Addition was approved by the Planning Commission on January 9, 2001 and by the City Council on February 5, 2001. Following are conditions of approval for the development contract: a) The developer enter into this Agreement. b) The developer provide the necessary security in accordance with the terms of this Agreement. The developer will be responsible for the construction of 209th Street between TH3 and Cantata Avenue in accordance with plans and specifications approved by the City. The improvements to 209th Street include water main construction. The developer will be responsible for the construction of Cantata Avenue and 20Sth Street between Cantata Avenue and Cambodia Avenue in accordance with plans and specifications approved by the City. c) d) MOTION by Cordes, second by Verch adopting RESOLUTION R21-Gl approving the execution of the Tamarack Ridge 3rd Addition (Centex) Development Contract and authorizing its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. e) Acknowledge Resignation - Department of Administration City Administrator, John Erar read a prepared statement to the Council stating he is resigning as City Administrator, effective April 2, 2001. He has accepted the position of City Administrator for Andover, Minnesota. Councilmember Strachan stated John is moving to a City twice the size of Farmington, and is proud that a City of that size wants a member of our staff. Councilmember Soderberg stated he has mixed emotions. He is glad for John's opportunities. He has been a strong, effective leader and has put together a great staff. He has been a great help in learning how to serve on the Council. Councilmember Cordes stated she has enjoyed working with John over the last 4 years. Councilmember Verch thanked John for his good work and wished him good luck. Mayor Ristow thanked John for all the wonderful opportunities that came to the City through his leadership. MOTION by Cordes, second by Strachan accepting the resignation of John Erar, City Administrator with regrets. APIF, MOTION CARRIED. Mayor Ristow then asked for suggestions from Council on the replacement process. The Brimeyer Group was used in the search for John. Word has also been received that a staff person is interested in the position. The Mayor suggested this person be interviewed before an outside search is done. If Council elects not to put this person in the position, then Council has the opportunity to go outside and other candidates would know there is not an internal candidate. Council Minutes (Regular) February 20, 2001 Page 5 Councilmember Strachan stated he does not want to create a situation where Council is placed with an either or choice. Council wants the best candidate. It is always his preference to look inside when you have an organization going in the right direction, which the City does. At the same time Council needs to validate that process and make sure that person is the best person. Council has three choices: 1. To stay inside 2. Receive applications and have Council do the process themselves 3. Use an executive search firm. Councilmember Strachan suggested to allow staff to present Council with these three options, along with the pros and cons. He does not want a recommendation from staff, only what the ramifications of each option would be. Mayor Ristow stated if an application review was done by the City itself, who would look at the applications? Hundreds of applications could be received. Councilmember Strachan replied the City has a Human Resources Director that could drive that process if Council chooses. Councilmember Cordes stated the Human Resources Director would be forwarding applications for her own boss. She did not feel that is a position the Human Resources Director should be put in. If the City was to review applications, it should be a Council review rather than existing staff. Councilmember Strachan stated the Human Resources Director could drive the process as far as making sure it complies with labor law. Mayor Ristow stated it takes a lot of time to go through them and evaluate each one. With a search group that is already done and reduced to 5-10 applicants. City Administrator Erar stated the role of an executive search firm eliminates that type of additional time Council would have to spend. Having an independent review is highly desirable in terms of ensuring Council receives those applicants through a third party. That is the role of an executive search firm, to screen the candidates and provide Council with a pool of candidates that are best qualified after a profile is developed and that will be the mechanism for screening those potential candidates. Regardless of how Council chooses to go, whether it is to move forward with an internal interview before deciding to go with an outside process or whether to go with an outside process, the more viable option is to go with an outside recruitment firm who can process those applications outside. He does not know of any City that has not used an outside firm, unless there is an internal candidate they feel strongly about, and that has chosen to do that internally. Typically it is an outside independent review, just because of the sensitivity of the position and the fact that it reports to Council. The Mayor's point is well taken. There could be up to 100 applications. The recruiter's role is to go through those applications and provide Council with those candidates that most closely meet the qualifications and strengths the Council would want in those finalists. He feels the suggestion of allowing Council time to think about the process would be appropriate and bring it back at the next Council meeting. Council Minutes (Regular) February 20, 2001 Page 6 Councilmember Soderberg stated there is wisdom in waiting. Based on conversations he has had within the last few hours, if Council does go with an outside firm, it would be to enrich the pool. If there is the perception there is an insider the pool does not become enriched because of the perception someone has already been chosen. He wants to wait until the next Council meeting to make a decision, but he does think the Mayor's suggestion of doing an inside interview initially has some wisdom. At that point, if that particular candidate is not selected, it sends a clear message to the rest of the potential pool that there is no insider. Councilmembers Cordes and Verch also agreed to wait until the next Council meeting. Councilmember Strachan wanted to clarify his point. He is not looking for a recommendation - this is what we are going to do. He is looking for - here are the options and the ramifications of each option so Council can take action from that. Mayor Ristow asked if Council wanted input from the City Attorney. Councilmember Strachan stated he is looking for input from staff in general. Councilmember Soderberg stated if that falls on the City Attorney, so be it. 11. UNFINISHED BUSINESS a) Consultant Appointment Recommendation - 2001 Community Survey - Administration Council authorized a request for proposal process that would lead to the appointment of a qualified firm to conduct a community survey. The City received four proposals from interested firms. Decision Resources indicated that their base survey fee is $8,600 that would include approximately 60 to 70 questions, with additional questions at $130 per question. The survey would be conducted through a sample group of 400 households. A Council workshop date was suggested for March 28, 2001 to discuss proposed topics and questions. A final survey draft would then be prepared and presented to Council for approval on April 16, 2001. Councilmember Strachan stated the City of Lakeville has used Decision Resources and has been very happy with the process. This is a very labor intensive project. Cost of the survey is paid for through cable franchise fees. Councilmember Soderberg noted it is a 400 household random sampling which is about 3-4%. Will that small a sampling give an accurate picture? Staff replied it is statistically reliable. MOTION by Cordes, second by Soderberg authorizing staff to execute a professional service agreement with Decision Resources Ltd. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: The ALF Ambulance Goals and Objectives Workshop will be held February 22, 2001. It is open to the public. Council Minutes (Regular) February 20, 2001 Page 7 Council member Soderberg: He received a letter regarding Medicare being an assigned run and the impact that will have on the ambulance service. Councilmember Strachan stated Medicare has changed how they pay for ambulance runs. It will significantly reduce what ALF can charge. Minnesota Senators are supporting a change in this. ALF has changed accounting in order to mitigate the situation. Council member Verch: Farmington Rescue received the Minnesota Rescue Squad of the Year for 2000. The awards dinner will be March 3,2001. City Administrator Erar: The City sales tax exemption bill for public facilities is scheduled for a committee hearing on March 1, 2001. Finance Director Roland will be attending. An Akin Road Neighborhood Meeting will be held February 22, 2001. The City has electronically converted it's entire City ordinance. It is available on the City's website. Citizens have complete access to all ordinances. Staff also has it available on the network. This will provide a more efficient use of resources, rather than searching through a large book. Farmington is one of three cities in Minnesota that has this capability. Councilmember Soderberg stated he suspects this is in large part to City Administrator Erar's efforts and expertise on the computer, is that correct? City Administrator Erar stated he has to also recognize Karen Finstuen, Administrative Services Manager. Karen was assigned the project to move it forward and talk with the vender. It is the same vender the City uses for codifying. Karen was actually the project manager on this and moved it forward. City Administrator Erar's part was to receive the CD, install it on the network, and put it on the website. It was a dual effort on the part of City staff. This will be a remarkable time saver. There is a search engine, a fmd feature, cut, paste and print. City Administrator Erar received a call from a local area newspaper regarding concerns expressed regarding the MVT A. There was a recent survey conducted of license plates from various communities using facilities in Apple Valley and Burnsville who are part of the MVT A taxing district. It was noted 16% of the vehicles there are from Farmington, and concerns are being expressed even though our residents are using the facilities, we are not contributing to the facilities. His response to the reporter was that it is a public facility, we have not reached the threshold yet and will continue to monitor the situation. Lakeville has also been identified as a community that uses these facilities. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:05 p.m. APIF, MOTION CARRIED. Respectfully submitted, ;-~ ?-r7~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7J TO: Mayor, Councilmembers and City Administrato~ Cynthia Muller, Executive Assistant FROM: SUBJECT: Approve Therapeutic Massage License DATE: March 5, 2001 INTRODUCTION Rite Touchwill be relocating their business to 923 South 8th Street. DISCUSSION Rite Touch currently has a therapeutic massage license to conduct business at 340 Third Street. Ac~ording to City Ordinance, Council apgroval is required for a change of address. Their business will be relocated to 923 South 8 Street. Zoning requirements have been met. BUDGET IMPACT No fee is required for change of address. ACTION REOUESTED Approve relocation of Rite Touch from 340 Third Street to 923 South 8th Street. Respectfully submitted, ~ ;h--?~~~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7 C?, TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Ratify Position Appointment - Fire Department DATE: March 5, 2001 INTRODUCTION The annual elections of the Fire Department were held on February 12, 2001. DISCUSSION My office has been informed that Firefighter Terry Thraen has been elected to the position of Second Assistant Fire Chief, replacing Bob Curtis. In accordance with approved Fire Department By-Laws, Mr. Thraen is automatically appointed to this position, pending Council ratification. In accordance with City ordinances, the Office of the City Administrator is required to recommend all appointments brought before Council for ratification. Discussions with Chief Kuchera indicate his general support of department election results leading to the appointment of Mr. Thraen to the position of Second Assistant Fire Chief. In light of Fire Department procedures in electing department officers, this office has no knowledge of any circumstances that would disqualify Mr. Thraen from appointment to the position of Second Assistant Fire Chief. Consequently, Mr. Thraen is qualified to hold the position of Second Assistant Fire Chief in the Fire Department. ACTION REOUESTED Council ratification of Mr. Thraen's appointment as Second Assistant Fire Chief is requested. Respectfully Submitted, 4tM~~ ~ JQIln F. Erar a'ity Administrator Cc: Terry Thraen CAMPBELL KNUTSON lal Professional Association Attorneys at Law Thomas J, Campbell Roger N, Knutson Thomas M, Scott Elliott B. Knetsch JoelJ,Jamnik Andrea McDowell Poehler Matthew K, Brokl* (651) 452-5000 Fax (651) 452-5550 John F. Kelly Matthew J, Foli Marguerire M, McCarron Gina M, Brandt * AL~o licensed in Wisconsin FROM: Mayor, Councilmembers, City Administrato~~ Joel Jamnik, City Attorney TO: SUBJECT: Reconveyance of Outlot C, Tamarack Ridge DATE: March 5, 2001 INTRODUCTION Jim Ostenson contacted us regarding a mistake that occurred in drafting and deeding the outlots of the Tamarack Ridge Development to the City. While most of the outlots created by the plat were to be conveyed to the City and that has been accomplished, pursuant to the development agreement Outlot C was to remain titled in James Development. Due to a drafting error by James Development and their counsel, Outlot C was mistakenly included in the deed conveying the outlots to the City. DISCUSSION Since the Planning Commission and the Council reviewed and approved the plat and development with the understanding that Outlot C would remain owned by the Developer, and that the current ownership of Outlot C by the City is due to a typographical or drafting error, it would be appropriate for the Council to find that the proposed disposal of this parcel of real property has no relationship to the comprehensive municipal plan and that the Mayor and Administrator should be authorized to reconvey Outlot C, Tamarack Ridge to James Development for nominal consideration, BUDGET IMPACT None; recording and transactional costs will be paid for by the developer, ACTION REQUIRED By motion (and unanimous vote) determine that the comprehensive plan is not impacted by the proposed reconveyance of this parcel, dispense with the customary review of the proposed disposition of real property by the planning commission, and direct that the Mayor and Administrator execute the documents necessary to reconvey Outlot C, Tamarack Ridge, to James Development Company for nominal consideration. Respectfully submitted, Q~,o;~ t;,<Joel Jarfrrlik v City Attorney Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 (Reserved for Recording Data) QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $1.65 Dated: ,2001. FOR VALUABLE CONSIDERATION, the CITY OF FARMINGTON, a Minnesota municipal corporation, Grantor, hereby conveys and quitclaims to ROCK CLIFF DEVELOPMENT, LLC, a Minnesota limited liability company, Grantee, real property in Dakota County, Minnesota, described as follows: Outlot C, Tamarack Ridge, Dakota County, Minnesota. together with all hereditaments and appurtenances belonging thereto. The consideration for this transfer was less than $500.00. Grantor certifies that Grantor is unaware of any wells on the above-described property. CITY OF FARMINGTON By: Gerald G. Ristow, Mayor By: John F. Erar, City Administrator 92228 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of ,2001, by Gerald G. Ristow and John F. Erar, the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation pursuant to the authority granted by its City Council. Notary Public Tax Statements for the real property described in this instrument should be sent to: Rock Cliff Development, LLC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452-5000 JJJ/cjh 92228 2 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /e SUBJECT: Mayor, Councilmembers, City Administratorl'~:/ Paul.Asher, Liquor Operations Manager ~ Capital Outlay - Liquor Operations TO: FROM: DATE: March 5, 2001 INTRODUCTION The 2001 Budget authorizes the replacement of all the Downtown Store's front window glass, and the glass in the two front doors, with double pane glass. DISCUSSION Besides the energy savings, the glass will be laminated glass to provide more safety, and security. The installation will be done by D&J Glass, Inc., for the cost of$3,639.75. BUDGET IMPACT The cost of glass replacement is within the budgeted amount of$4,400.00, in the 2001 Budget ACTION REQUESTED For information only. Respectfully Submitted, ~~ Paul Asher Liquor Operations Manager City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?r TO: Mayor, Councilmembers, City Administrato~ FROM: Don Hayes, Parks Maintenance Foreman SUBJECT: Capital Outlay - Parks and Recreation Department DATE: March 05, 2001 INTRODUCTION The 2001 Budget authorizes the purchase of a utility tractor for the Parks Maintenance Division. DISCUSSION The tractor will be used for pulling a gang mower and for dragging ball fields. Quotations were received from two vendors and are as follows: Polfus Implement $30,302.73 - tax included Case (Larson Implement) $30,688.00 - tax included Staff will purchase the tractor from Polfus Implement. BUDGET IMPACT The adopted 2001 Budget allows $30,560 for this purchase. ACTION REOUESTED For information only. Respectfully submitted, ~fuA~ Don Hayes ' v - \ Parks Maintenance Foreman City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmln2ton.mn.us 13 TO: FROM: Mayor, Councilmembers and City Administratorqrt-- Daniel M. Siebenaler Chief of Police SUBJECT: Joint Powers Agreement, Empire Township Outdoor Warning Siren DATE: March 5, 2001 INTRODUCTION During the 2000 budget process the City Council authorized the cooperative purchase of an outdoor warning siren with Empire Township. In order to proceed with the purchase and installation of this siren it is necessary to establish a Joint Powers Agreement with Empire. DISCUSSION A draft of a Joint Powers Agreement has been prepared by the City Attorney that outlines the roles and responsibilities of each jurisdiction regarding the purchase, installation and operation of an outdoor warning siren. Under the terms of the draft document, the purchase and installation will be funded by each jurisdiction at 50% of the total cost. Ongoing expenses will also be equally divided. The City of Farmington will be responsible for the operation of the siren consistent with the City's policy regarding the operation of other sirens. The Empire Town Board considered and adopted the draft Joint Powers Agreement at its regular meeting of February 27, 2001. As shown on the attached map, the outdoor warning siren would be located in the area of Cambodia Ave and would provide coverage to portions of both the City of Farmington and Empire Township. While the map shows an approximate location, the actual location along Cambodia Ave will be determined jointly by Farmington staff, a representative of Empire and the installer. BUDGET IMPACT There will be no budget impact as a result of the adoption of this draft document. A future agenda item will discuss costs of purchase and installation. ACTION REQUESTED Consider adoption of draft Joint Powers Agreement with Empire Township for the purchase and installation of an outdoor warning siren. . Area Coverage Shared Siren City of Farmington - Empire Township \ 'i II II II == \: 0 c- .......... ~ ../r I '" ,11'/:::-iH LLL ~ l .?- I nf::::>J / - I ~l rll I ~ ~.. ~~IJ~ b~ ~ '< r' ~ ~ J~~ ffi I A 11f"" , lfr~ ~ I / ~ ~//V~ l DC 2001 Siren .r ,,\ II I ~~-- ~tm~~ I rv' '~~~ ~ LlJ_Ll I ~ ~~ )':J i- 6; 000 :J \ n ~ I ( I&&t IU ' \J { I ~~ - - "' ~ ~ 11'== . [ mil II ~ ~ ~~ ~lllm~ ~k / ITmM 1111 n I El~ / ~ I ITi ffiTIHn~11~JffiE /( H( q ~ tttm ffifrHHfrn ~ ~ ag /' ;'ii~ ~ ~ MtffiltIffilj~ffiIEJ ~.... ~g == .......... ~.~~ mJj ~ [iH@ ffiHlHIffiJ ~~~~ - ~rq l g;m ttHTIJ ~ IIH!ffiIJ , ~~D ~M ~ ~~ I ~'ill gga ~g N w.' ggg ~g ~~ hJlllllllllg~ = s OIIIId--= b IFA~ ~mmn ~ !---l ITllT71 0E =i~ --- JOINT POWERS AGREEMENT BETWEEN THE TOWN OF EMPIRE AND THE CITY OF FARMINGTON DAKOTA COUNTY This Agreement, entered into on the date last executed below, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation and the TOWN OF EMPIRE, a Minnesota municipal corporation, (collectively referred to as the "Parties"). WHEREAS, the City of Farmington operates and maintains emergency outdoor warning sirens as part of its emergency management program, and; WHEREAS, the City has determined a need for a new outdoor warning siren to serve the northeast area of the City, and; WHEREAS, that area of the City abuts the Town of Empire and the Town of Empire has determined that the location of a new outdoor warning siren in that area would also serve and benefit residents of the Town, and; WHEREAS, Minn. Stat. ~ 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. NOW, THEREFORE, the City and Town agree as follows: 1. PURPOSE. This Agreement shall establish the responsibilities of the City and Town in acquiring, operating, and maintaining an outdoor warning siren for the benefit of town and city residents and other persons. 2. ACQUISITION COSTS. Upon execution of this agreement, the Town shall make a payment of $10,000.00 or one half of the actual cost, whichever is less, to the City for its share of the estimated costs of acquiring and installing the outdoor warning siren. The City shall be responsible for acquiring and installing the outdoor warning siren. If for any reason the City is unable to acquire and install the siren within one year of this Agreement, this Agreement shall become void and the City shall return the Town's payment. 3. OPERATION. Following installation, the City shall be responsible for operating the outdoor warning siren and shall pay any costs associated with the ongoing operation of the outdoor warning siren. 4. MAINTENANCE COSTS. The Parties shall be jointly responsible based on their pro rata share of the initial acquisition costs for any maintenance and repair costs, including the cost of insurance and non- insured replacement costs upon damage or destruction. 5. PROCEEDS UPON ABANDONMENT OR SALE. If subsequent to this Agreement the City chooses to abandon or sell the siren, with or without provision for a replacement siren, the City shall return a pro rata share of any sale proceeds to the Town. 6. TERM AND MODIFICATON. This Agreement shall be effective from the date of execution by both Parties and shall continue indefinitely. The parties by subsequent agreement may modify any provision of this Agreement IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the dates shown. Approved and Adopted this _ day of , 2000. Approved and Adopted this _ day of , 2000. EMPIRE TOWNSHIP CITY OF FARMINGTON Chair Mayor Clerk Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /,4 TO: Mayor, Councilmembers and City Administrato~ Ken Kuchera, Fire Chief FROM: SUBJECT: School and Conference - Fire Department DATE: March 5, 2001 INTRODUCTION The Fire Department is planning attendance at the Sectional State Fire School, Marshall, MN, March 24 - 25, 2001 and at the Sectional State Fire School, Duluth, MN, March 31 - April 1, 2001. DISCUSSION Two firefighters will be attending the training in Marshall, MN. Topics covered include Leadership Strategies, Managing Tech Operations, Water Supply, and On Scene Fire Investigation. Nine firefighters will be attending the training in Duluth, MN. Topics covered include Helicopter Landing Zone Procedures, Drug Lab Awareness, and Building Construction. BUDGET IMPACT Approved in the 2001 Budget. ACTION REOUESTED For information only. Respectfully submitted, /{-a-.-u )(ueL~ ~~ Ken Kuchera Fire Chief ~' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmlneton.mn.us TO: Mayor, Councilmewiers and City Administrator'pv FROM: Daniel M. Siebenaler Chief of Police SUBJECT: School and Conference Police Department DATE: March 5, 2001 INTRODUCTION The Police Department will be sending two officers to the annual conference of the Special Operations Training Association (SOTA) in Hinckley, MN March 25-27. DISCUSSION The Special Operations Training Association (SOT A) is hosting its annual trammg conference in Hinckley, MN. Members of Police Tactical units (SWAT) generally attend the conference. The topics of this year's conference are a Critical Incident Review of the Columbine High School Shooting in 1999 and an Update on the Use of Less Lethal technology. Each of these topics is significant to the immediate training needs of the Farmington Police Department. In the spring of 2001 the firearms training officers for the Farmington Police Department will be conducting a field training session for all officers in the response to a critical incident at a school. The field exercise will be followed by tabletop exercises to discuss strategies for all schools. Information acquired at the SOT A Conference will be incorporated into the POST approved lesson plan for the training. The second significant component of the conference will be an update on Less Lethal Technology. As Council is aware the use of Less Lethal Force was approved for use in the Farmington Police Department and staff is taking steps to acquire the necessary equipment to outfit all of Farmington's squad cars. The information provided at the SOT A Conference will help ensure that the most recent technology and Court rulings are included in local policies. BUDGET IMPACT The conference is funded in the 200 I budget. ACTION REOUESTED Information only. Respectfully submitted, ~LL Daniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us cga- TO: Mayor, Councilmembers, City Administrator~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Akin Road Project - Public Hearing DATE: March 5, 2001 INTRODUCTION At the February 5, 2001 City Council meeting, the Council scheduled a public hearing for March 5, 2001, on the Akin Road project. DISCUSSION The project discussion will be presented in Power Point format at the meeting, a paper copy of which is attached. BUDGET IMPACT Budget impacts are detailed in the attached Council Agenda item of February 5, 2001 (attached) and are summarized below. Total Estimated Project Cost $ 1,815,030 County Participation $ 267,000 City Share $ 1,149,324 $ 398,706 $ 332.26 Benefiting Properties Share Est. Special Assessment per HHE Est. Special Assessment per Acre $ 930.31 ACTION REQUESTED Adopt the attached resolution ordering the project and authorizing the preparation of plans and specifications. Respectfully submitted, XYJ1~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -01 ORDERING PROJECT, AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS, PROJECT 00-05, AKIN ROAD STREET, UTILITY & TRAIL IMPROVEMENT 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 5th day of March 2001 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, a resolution of the City Council adopted the 5th day of February 2001, fixed a date for a Council hearing on the proposed Akin Road Improvement Project; and WHEREAS, ten days' mailed notice and two publications of the notice of the hearing was given, and the hearing was held thereon on the 5th day of March 2001, at which all persons desiring to be heard were given the opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the Council resolutions adopted the 3rd day of July, 2000 and the 5th day of February, 2001. 3. Glenn Cook is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of March 2001. Mayor Attested to the day of , 2001. SEAL City Administrator T:\resolutions\200I\Akin Rd order project OJ0501.doc City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us //~ TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Akin Road Turnback Project - Executive Summary DATE: February 5,2001 INTRODUCTION The proposed reconstruction of Akin Road has been identified by Council as a 2001 Public Improvement Project.. To date, the City has held two neighborhood meetings with residents and completed a feasibility report outlining various improvement options. The purpose of discussing these proposed recommendations at this time is to receive final direction from Council regarding the desired project options. DISCUSSION In review of the City Engineer's project recommendations, staff has estimated that preliminary special assessments will total approximately $332.26 per household equivalent (HHE) for recommended Akin Road improvements. This compares very favorably to $392.56 per HHE for properties that were assessed for CSAH 31 public improvements. A breakdown of the specific project improvements as recommended are identified in detail in the project attachments, but generally includes a bituminous overlay of Akin Road, the introduction of additional turn lanes, improved street lighting, the construction of three trail segments, and the replacement of storm sewer culverts. Other issues raised by residents will need to be addressed separately such as speed limits, stop signs at 195th Street, school crossing zones, and a proposed traffic light at 20Sth Street. These issues will need to be reviewed in conjunction with school authorities, state agencies and would generally follow established City protocol in review of resident traffic control requests. Akin Road Proiect DiscussionlInformation Points 1. Akin Road is currently a County roadway, but is designated under the City's State Aid System. Upon completion of a turnback agreement with Dakota County, Akin Road will officially fall under the City's jurisdictional control. In anticipation of this event, Council authorized the completion of a feasibility report. Two separate neighborhood meetings were held with affected residents, whose input led to the completion of the feasibility report. Council and staff have reviewed several project options, which are included in the attachments of this staff report. 2. The approval by the City Council of recommended improvements would result in an estimated project cost of $1,815,030. Recommended improvements to Akin Road are based on the best judgement of City engineering staff, related citizen input, recognition of available financial resources, the City's 2020 Comprehensive Plan and Parks and Recreation Trail Plan. 3. Under the City's special assessment policy, funding from non-municipal sources is first applied against total project costs. The City will be receiving $267,000 from Dakota County, which will be applied against street overlay and turn lane costs leaving approximately $1,548,030 that will need to be funded by the City. 4. Of the $1,548,030 in remaining estimated project expenditures, the City will underwrite the total cost of the Bridge Culvert improvements totaling $408,870 through a separate City funding source leaving $1,139,160. Of this amount, 35% or $398,706 is proposed to be assessed against benefiting properties, with the remaining 65% equaling $740,454 becoming a City cost. The City will be issuing G.O. Improvement Bonds to underwrite approximately $875,000 in project expenditures over a ten-year repayment period. 5. A one-time special assessment is estimated at $332.26 per household equivalent (HHE) in the designated project area, with assessments on a per acre basis estimated at $930.31. Assessments on undeveloped property would be deferred until development occurs. 6. The decision to upgrade Akin Road has been determined by the City in response to Council direction and citizen input. These issues are in large measure driven by significant residential growth and associated transportation needs in this area of the community. If significant growth in this area of the community had not occurred, the enhancements to this portion of roadway would not be necessary at this time. . 7. Can the City show benefit? Resolving public safety, improving access, introducing additional turn lanes, capacity, and addressing related citizen concerns are all real benefits resulting from the improvement of the roadway. Preliminary information received by the City from a certified appraiser suggests that the City can show benefit equal to or greater than the proposed assessments. Pursuant to State law, property owners have the legal right to challenge these assessments. However, costs to defend any appeals would be added to the project cost. 8. The City would propose to apply mpnicipal state aid funds in the amount of $300,000 as a down payment on the project and commit another $803,209 in MSA funds over 10 years to satisfy debt service requirements. This will amount to a total City contribution of almost $1.15 million for road overlay, lighting, trail and storm sewer improvements on Akin Road. J 9. Proposed estimated Special Assessments of $332.26 are a one-time charge against developed property. This is not an annual assessment. but a one-time cost for affected residents. If special assessments are approved by Council, residents have the ability to prepay assessments without interest during the first 30 days after formal adoption, or may have them added to property tax statements. Annual payments with interest are estimated at $46.22 or approximately $3.85 per month. . 10. With respect to the recently completed CSAH 31 project, the City approached the fundir\g of that project through a combination of County funding, special assessments and municipal state aid, similar to the funding scenario currently under review. 11. Other cities have used the same special assessment method that the City is contemplating on Akin Road utilizing a project benefit area charge. The CSAH31 Project was successfully assessed using the same methodology under present consideration. 12. If Akin Road improvements are not ordered this spring for reconstruction, the project will be delayed until at least the year 2002 due to other City improvement projects, with costs increasing at the rate of approximately five (5) percent per year. ACTION REQUESTED Council consideration of the following project planning issues is needed. 1. Determine whether the recommended project improvements meet with Council approval. 2. Determine the need for an additional neighborhood meeting to convey the recommended project improvements to affected residents. Proposed date for a neighborhood meeting is suggested on Wednesday, February 28, 2001 at the Farmington Senior High School in the theatre room. 3. Adopt the attached resolution "Setting the Date for a Public Hearing on the Project" for March 5, 2001 to consider the following actions: . Receive final citizen input and review preliminary assessment roll . Determine whether to order the Project . Determine whether to authorize the Preparation of Plans and Specifications . If the project is ordered, authorize Advertisement for Bids 4. Award Project Bid on May 7, 2001 Respectfully submitted, ~~& {... S4 < "-. John F. Erar ; J ;iCity 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 FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Akin Road Feasibility Report - Summary and Recommendations DATE: January 17,2001 Outlined below is a summary of the feasibility report options with associated costs and recommendations for Akin Road. IMPROVEll1ENT ESTIjUATED OPTION DESCRIPTION OPTION OPTION PROJECT RECOMllfENDATION COST Option 1 - Bituminous Repair of eXlstmg cracks, 1 Y!-inch $742,200 bituminous overlay, includes intersection Recommended Overlay improvements and street lighting, Existing surface reclaimed, re-graded, 41'2- Option 2 - Reclamation $1,385,300 inches of bituminous pavement placed, Not Recommended and Overlay includes intersection improvements and street lighting. Option 3 - Reconstruct Complete removal and replacement of roadway surface. Curb & gutter and storm Urban $4,264,200 sewer installation. Includes intersection Not Recommended Section improvements and street lighting. South Trail Segment $75,600 Trail segment on the east side of Akin Road Recommended ODtion from CSAH 50 to 208m Street. Trail segment on the east side of Akin Preserve Trail Segment Road, previously identified in the Preserve $166,200 Trail feasibility report. Starts at 208m Street Recommended Option and continues northerly for approximately 2700-feet along Akin. Trail segment on the east side of Akin Road North Trail Segment $355,200 that picks up at the northerly terminus of the Recommended Option Preserve Trail segment and continues northerly to the end of the proiect. Bridge Culvert Removal and replacement of culverts at $389,400 Middle Creek in accordance with the City's Recommended Improvement Option Surface Water Management Plan. Traffic Signal @ 208th Signal Justification Report recommended $210,000 before a decision regarding a signal is Not Recommended Street Option made. All-wav stop warrants not met. PROJECT COST BREAKDOWN SUMMARY - AKIN ROAD Preliminary Property Assessment Projections created 01/22101 printed 01/30/01 Total Project Cost of Recommended Options (Excluding Bridge Culverts - 100% City trunk cost) County Allocation Project Balance City Allocation (65%) Benefiting Properties Allocation (35%) (Developed and undeveloped properties) Estimated Household Equivalents (Developed and undeveloped properties, undeveloped properties calculated at 2.8 units per acre) Est. Special Assessment . HHE Est. Special Assessment . Per Acre (HHE multiplied by 2.8) Est. Annual Assessment Cost (Principal & Interest)* for 1 HHE Est. Monthly Assessment Cost (Principal & Interest)* for 1 HHE *Assessments calculated with 6.5% interest over a 10-year period $ 1 ,406.160 $ 267,000 $ 1,139 ,160 $ 740,454 $ 398,706 1200 332.26 930.31 46.22 3.85 Akin Road Turnback Project Akin Road Turnbaell Project . Public Improvement Project Hearing March 5, 2001 City of Farmington WhV is the Project being considered <+> IIklll CI_ 11..llg AkII RlllllVIr 11l1li ClII <+> I ftlslllllltY StIllY 1IIIIIIIIcIIIIIIIII ....1Ir Ilblllcll .J,rallelllllll'l'" <+> ""'lctlllllKl.1s II Dllc.'" IIcIudll CM. "111111 IlnIeIJIU. <+> RelldelllllgnlllllII drllI.glIIl ....III.JfIV. mil celllllll. <+> .lllaIIIrllalllllllOllS 131 11111 Wire l1li1111 rec.... '1I11Ie11'lIdlllell clDfIrRI.lIlII. .e.d 'Ir "'VIII" 02/28/2001 1 Akin Road Turnback Project 02/28/2001 Project Goals <t> T. .......... _rIIC. c..IIIII.."... mil I. c....cd.. wIIIIICC.., ......11111'1.... IIIIIIlY <t> T.I............. InRIc IIIIlJ c...III.. <t> T.I.,.....I.... d.. l1li111l1li wD IInltllllltl.. <t> T.I......... wiler 1In1.11.lllnllnlClln <t> T. ,1'IIhI.llr .n.1'IIIIIn ,....... Innllll'" c..lb'llcd.."I..n:....cdlltrln ...111 <t> '.c.I.'I'III...lre ...........'er IlIIIn.... .. .CIIVI" ...br.. .".'er ....III...ltrlmc c'_I ..lIIc..1I re........necd... 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(f) T"I C...elllIIS 1111 ....11l1li1"11 lI.rIIIr... ........ ... .. ....1Is II1II1111 I. trlme ut'lI ...llIIlIlIIIa 02/28/2001 5 Akin Road Tumback Project How dOls Ihl CIII IVllull1 Trlme ControllssulS <+> 111. IllY nlln In IrIIIIc CIIIb'II n....1I1 TnIIIe ElIIn.r fir rnllWl.lIllIIIIJ. ".""In IIIIIn.1I ...r ....lIllm.. elre....elS: · .........n _. all'llllc .........., I.'II'IIIIC n.. .."....rnllf ......... · T'..I'''' ..... ..I.lIr rI......., "..IIICII.. · .... ...tn....... 1...111... ....CIII... _... I..... ...... ......._ftlll-lJIIl.III", I'IIIn.. .lIItr unr I" ..... ."....1'1111.. Clrnell'lII 1"1"" · ,.1... .'II'IIIIC.IJ _.'.1 .... .... IllWIrllll.. lII'I"IIIIIC1111 ..ruClSI .1..".....l1l'i" WhV Irl Trlme Wlrrllts ImpOdll1 <* 1.111111.. ....mlt.1I st.. 11'.1" enltlll...1I ....lIn.l. ..me l1li11 e.IIIIII....e.ll: · ..1..... 1...rI.. III. rll"'''''''' rill. · M...rllIIl'.'rI.' ....mlt.. II.nl · I.enll.. I.el...e." nlr...1I c.IIIII..1 · lIImee....sn..I.II.IIU...ekl · Irlnn I... II...... .......111.11.. · Ild..II...I. _.I."ellllllllll leel.... 1l1li111 l.enll.11 ...sn.II.I.IIt.need.. 02/28/2001 6 Akin Road Tumback Project 02/28/2001 Public Improvement Process (fi c.-cu ............ 21.1-211. C..... '-'.... PI. · MIl I... TIIrIUcIl_ .1IIft. 11.2.11 PIII.a <+i ............ MIIIccI....... FIIII.IlI..... CIlI CHICII · FIIII.lllY -._ ....... wua III_III....... ..........11 ...... MIl .......111 ClIICII (fi ............ .''''1111111111 · DrllIII"I'IIIIII..dlll WID l1li11 WIdI IIfIcIIII l'1li111111 <+i PUllc ........II 1III1I-1IIrCII'. 2.11 · 1...._ PI. MIl SlllClllCIII.. """"'11. 1l1li __II'IZIII · II'IIICIIII. PrlJIClIs... l1li.... III..... (fi PnJIClIIIII..1'ICIIVIII: ClIb'ICIIIWII'IIIII <+i 1DICI1I1ss1S..II........1s l1li11 <+i PnJICl C'.1II111III1ccI1II1IIII CIUCII 7 ..~ qp ~ We the 'undetrsig'~ea Ak~Road residents do not appr~ ~ proposed Akin Road Improvement project, until safer; I~ h~ve been addre.s....s... ad.. and fmplemented to the < saUff"ctlon of the resid" ~ , \!, t Name Address Ppone . \ J<~. A-ji~~.. e.., ~DI'lOl ARi. 'n~. (Ifi"l) L\("o-'irYfd- ' -I"," 01- ~ ,'Jb?-d-O ~{(J.. i'b51) Lf(,"3 333{ Jll W""Z-) f{1R-t. ,,-,,'JI d /).}.. -y F ~ /" Iv t:{ J G s- / - 'It. 6 - ~6 2. t Y '.~..'" < ;..-,-z: ~~" / ;:"'0 (97 ^ K',..( \':IJ . i~/ .. L/ &:3 L(?<; L/ : ", 'll";~" ..",. t ~ v r-' \l~, " , ) I ' ! ..,.-. I 'r".!. . "p'.. l..U)Ll .' )1 ':)G'l55 )J1lJ//\,' I~.,I(-j, t;'5/-<.J(,( L:.....,~>(.I/ 'J. .' . '\ I 1 (0) . ~ ./ ., J< I ~ ... . .lA,A....c/ . . - . ' "'- . t (1,.; l/(:,~/) " >< aHill:57lJc.. /; \. !l>u-:Z f:<')'t;?u/ZfJ ;2.!J1L5 ff/4,/<f l{l~ ' l U'jl&3::~fl S' cot+- d- ~ h ~ r -t (. 0 L C;O t'\ / ,c' J - if G 3 - lfJ g 2 ). 00 f q I+t:in /2cL 6:;, r<~v r 'j ~,+{ / 'J?).. jc; 17. 7 c; liJ:~ /~. ~!/ 4t- 0..' .:J II, If. ___ j'ru:..i..--i / If] ~h~~v~ /11 t ~ 4 f\ <-v- Ii. Ji ~ 6 I.. <I (. 0 - J' / / ~ 1?Jrov1 J 'Tr-, s h ~D "'n-S.D Y\ ~(j() ;;;>8' A k r ~ K',J loS/ . i.f G6 1 Z r:B ~ ~'i . :<.. oC)~ A-j()tO f?.b {,,<ll -'163-;:1..4 AI it_A;" 1:W~ I {I ( I /~~{~3ir ;Z~/(J /4;C;/V itd, &61-7"60-7"7'<< 'l'l. ~ .JJ..'J'A.-1 J~_r :J. ,,' / J 11 [, I '. I,'c L{ 63' ',J' c; 53 If; ,/(11 IJ" / j /,'1 --r- /> /) . 'j J/t / C:-/2i; J /J. ~ '/ 4& -3 - .2 L 2-7 ,l '. /'!/ i1-)A-)(,~~ L. (.. v 'v '-' 'J:;> . </i(/ L~L nJllLV.IW~ hiJ(11 WLu~ -/Lc 4 L5 494~7 :1 i. We the undersig~ed Aki~ ~_residents do not approve. ,~he proposed Akin Road lr~roVEtment project, until safety Issues have been addressed and 'implemented to the satisfaction of the residents. Name Address Phone . <'//I?;,;~,J I;~ Ill;1 ~:2 a) -75-C/I/';I4'( r-,,..,OJ,/i /" ~ r. .. ____J'f4- v~ 'I-~ ;?~.' f-f~("L~. ~~D~-' -' It. If" 11\ x?;'( ---;1<,';1 JJ/'. .r/I ,...._"l,L. ,It '(..'1- ~I /\. "\ / (/ "'\ =) 1'- / A - " I . ,._~ '-,- J '. v/ '.- ,.,\,] ,/It 12' ~ ' \:' (_';? ...... 'i -....,.." .. '(I'A ,/. L./' )/..... i".,,)lL i.,'-'::- L/~/c~:) ,,,- ./....> I'\' , j t/ iG> - .'.' I'J (} {/' !.J 6.~ /A A ,-.... 1 ."7 L ..... / YtYvV~ c7 ."r>-~ - ~ '" "l.1 ! () ~ $ ~ 11 ~~~~/'J.()J6J- - EE~c -~~ '(to - 't9';<:5 ('l.l i (Gj-; ) ~I / it, Uj;'S C' ,I c. :;:C:j / ") - E dues U'CCLj (j bel -~~ '2 (I J-.. ~t< /l'l t _ \-\\OR, R I N 'r ?-" TIS (.;A\lG 5 \,vI> "I f.6 /1AV\ n111 0 JJ MN -f~ 0 '-' ~ k.n '1m. 1~~.~;fi7 d~IQ~ ;)D. ~~q. ~/a:t IW~I~J:::f~~)\~/:;~S.S;..~.~(lf \i .. /: / /-i' ~.' ::) 1 - ?/f iA/ . ., I ' (. .-/./ !)./. I'1J?' -/ v/ / //~~--,. I. ,~- ,./ J1/. 1"L/1 ,_ ..' . /' fA/ I C) .. u~J"':;' - 1cJ ( i _ L . , II I..!-' . -',./. ---- \1 11 I i_I .. v -- ,"71 )<'//1 ~r tv /' --:21/71 '-t1-t:;(~ I ~ I - 1/ ~ 4?; , -.;/ 211 f JI;(t,vJ!,.,J, '~v1 /1 J J IJ/ltty fLIt!) .- I J " . ' . u '" I' J " ~ ~(/~ ) 1 rJt(()O It tA~j It-ll-;r frtr1q;yJ. 10(/- ifbO-,foJ-1 'NllJlt~ ~-~I)~lrt1'tJ ~03'ja GWU ~~GJjl)"B\Dh 4H\-~1 , ,1 ./. .} ( 1\ / (. 1.//7, / f~Q) ~ () tlvue s t{(-L~l Fc01fr1/}r~7'1l11 tfG.?~ 7C1(:/ , f ute 1,l ~.. tift).:../) l ! - . , .I /'~ 11 ~ / / ) " /r~' '/11 >- fL'; '\ ~ '\.'- I /!' ~.- q~ZfJ -d {{./ C../fz,,;{;;:;v~;2 () ;, 7 L-/I_ JI/ 25 U/C(! eLI;/ L../ '7<:; -' \ / 17 ,/';>1. /"" J () '3 '5 0 ~ "W~ (0-:,1 'FA~ ,fl/010lV', /11 N GCi# G t- rJi- !J(p rV,",,-,yl1 ~1 d /- ' ~ '1 /' i ".,.,/.' ,/ l ~.3' ~ L/3S(?/ .f., _. < .~l. "c- C .~ ~ \ A- \ ~ I /^' (2 c \ r ' l,n ~__"" / ~/'/") / T ...J We the undersig~ed Aki~ RoaCt residents do not approve ~he proposed AkmRoad Improvement project, until safety Iss~es h~ve been addressed and. implemented to the satisfaction of the residents. Name AddteJss Phone i' ~-..J ~-./:~1 {(~.J J jL; J .J/ , /: Y(, /?Z::J -3;J- / ~ ,0' I') \ {I' f--'~ /.): ILL' f:-( ~ /t'~/~<.... "/2/??? ;;;.c31, ~1/1?~ 4q(j] J{jJr~ sf w",,-f (5".0 (>-- ~ ~\vJ; U'F\ l.-\~;;)S d(:,~.:I/ -5\, v,:r"'''1 1 I I"~ \j .! . · '/'I _ piAl I (I /71~ 11!{ I)Olt/ )o~ g, [V ~1Mif1[ Htrctlr-/ 1..(175 2tJ24:1 jZ /J I '. 0...( ) "/\ !. L,",~ . f.'? "/1.C' "/.z l )r) '2 c) 1. D LJ ?-I W " ; (_..'rA-.-J .,,<-- . . N -'~ '''1' 'v\. I iI v r" ~ ~~8") 't2t~->~~ ffft~ v ~()?l~" o~ (~"f) l.Ft;' J? t~~ jD\-\vJ ~\o ~ f\. ra,zL 0J--(!1[it" lUPt- L I , . i')t~"~' 0 {()r~ , ) cf " r7 .// I' /vPv~FX /{erpt G 1-1 /U'1A.,;-' J- \) I ~ t-) p"",,", h~ 10115 O~);~ :- ~ ())~' D Ct1l\ h tJJ'~, / I 7;2 t? J}-)/I~' /4p ){)m 14~ ~ j -:no" ., ,~.A.arl"vJ JI CrJ,> C7'-> 'b ( ))<- .- t; 7" f.- ~ tL> --;?.).. 7 ~ CiPl- 4fP3-2351 (yS \ - L\ ~~~ ' ~\\ ()=" \ 617- Ljtj- J3 77 &5/ ,~~3 'cP7q~ 105}-2 L{~ -oooc1 1051-- if b 3-lf6 J / 6~l .-'\ b>- -Z 017 U-'J-; ~ 2/ fvr;J -1'"3- II G.1~ c... s (- y &:~ - Z. 7 " k . 'ipS I~ q (P3'J757Lj &~/~V&.; ~C~'77r; i:)' j- ~ P3 -7 t:[.'<; Letflv ll~ ~ - '114 , (P.s) ~ ~00 ~4J 't () We the undersigned Akin Road residents do not approve the proposed Akin Road improvement project, until safety issues have been addressed and implemented to the satisfaction of the residents. Phone Address Name (&51) t/D ~-) i) 0 I,. (, C; ( LI L -S 7 ~ J' (~ :' mHft:IN& /)!/E S )oZ?1() DJfJblrl' ,41/1f :... u I) ( l> ;)00 V\, IJ.9 v' I'/- ,F"- ! 1 L..z. S I I'!..vrfl (J t'J J d, "\ I-J ""l/t. lY"1 '1 /1 L.;J- / I t"- ['7. ---~ rh ,., L fJa ,A)i,./ I" /f1 r f..._ /' /J . . Ii'" -0::;2 (io.- /' )7 ~/ tKL, ftcv\ {rJ)( t-,t ~(-lIl1{t ( .\~)J)L(ZJ~ ~5GYt~.,~) /(J J' It...?j~.n~~? / live Ii . I . ".' ' ; 1\ J : l' . ' .. , II ,.~ ..' rl j " ,;' .....___ ,..,....... ..J, ",' ... i v. ~ i. ~ .' .. L " (' L/" /, 1,.-:/1 - I~& ,- (. /?" , ) 0' '( 0 -, ,r" I /\ <- ,. I I l.. L)(.! V\ f,:J., V' . '-Jv' e . t) "1) I J A ,,> t1 1 C'! I II i-' /) 'Ii U N '7 I k - . < - .. u ~_(' . J '. '7 ~_ ,- .> , Ie,.,' · ' ) / ~l() /<..)() O())7Ly.l"~" /1'(/ rC'1 _11(.'" }i(.Y' c..- ' /-. /- ((1::>/ 7 I'" oJ ,- . I U ~~ 0 u <j () l) L.( I'} ;; c"-/\.., (,..,. SI L/ ~ 3' '-/.5"Z 0 . . z n' ';. C j.) l>L: ?(i, 'v\ Gs / - LI():;'7 ?Ci l.'., 1.+"'2:.>'1 ).(51 5, ,\,.j lcS I - L{ G (~- ~ ~ \ {_" il ).. ') 7' )0 7 -II $1 U /; )/- ~ t, ") - Y' 0 ~ S 1 / "7<,,'<..-' , '-' I e/, c-,-L/ ~..J \ I -, ...- . ) } !~ _ (", ~) I ( (.J ,..) ./ ::> (F:J ,':'- ..) ,.~" ->! L.....l t.~// - t/-t 3 - 33 JJ. 'ie '. tit' (I w ,j It / /'~r r , / " }.'-'-'h~//' f 3~:x; , ' ;' ;f;., L- ;4-11 11 L. /'jLL. 47lJ'l , /1( ( I L\ ?"(i' Cl (V\.. L}t, v..dvtv " I ~1~l' (1- 'v U ~71~ 113ql 6~) / - ~6) -VO'~ Lr$ I - 4&;{,' ~ 70 "I (I . / J {j' -- L- "'.( .;--. Ju'71'l;- ~;1' Li-..i . !oS'!- tfb)-;;257S do7thSf ,W - 1// '7 / '-f;' / ( f- '-f (.~ ) - L,. (I ) 0::'--- G, ) -{A, , '/ (J "7 ._~ f/t.-/ Y L/ J _3 - I -II '1.. ( ,. L) '5 ') ;) .::-l 0 (t' J ) V , -, j//'I ~ __. { i~ ~~'4 .-' ___I ,-c~ (.. v . '/ )' .-/ ~ \.,.. ,t ".-l.~ f}.)~ \. I'\... - , ,~ } - './ ' '- , / {. s-/ /j t D- I/O (, 7 We the undersigned Akin Road residents do not approve the proposed Akin Road improvement project, until safety issues have been addressed and implemented to the satisfaction of the residents.- Name Address Phone '( ) t;/ -? J} 1;. /./- 'J . _) \" 0 j,-.' ..~.. t <"'-I A ,;;, \ i 7~ b ;)0~l .~"- w - -6:; \ 160- 42-6} n Jidit"\eJMt~ Lf 381j ;;)0) -J.i) eU. &S J- '-1&0 -c218J '-i!!i~ <f~ do-f~ 0'51-1b3-Yd<tp 'O( ~t\-. J V\ C'. \,' \-c,..{ \.ll{"-fCl ;}.j'-y+\. .~+: Ivu . (('~5 ( l ('-'(i - d ().,~ '5 , - YAq) ~ q ~o 'd.-tfl rN 5'1' G~ ( Y~7D a fd) ~)r;.' W - L/ b :s ') J c?O /..',(-/ LI/..'? '/ (" c? // o J' 7 ~'J ..-> <J 1:7- ~t'1~ .J,/ ") (' '- J~ /'l..,,>'./'. CE'.. ,., ;;- 1/.. \:.". .'../ '../ . .// " {/ .__U '.. (/ ~ /'1:,11-- ~W1 L~r;,A b.~ ''r..... A~(; :.Jr, lf~ -) ~..\ S,' . /, )" "/ ).t( ~I i:) ! j L-vt" /', 0,.5'(-Ljt"i -'I~5G (05/- if:,3 - 'i J '3 '-( z.; ~75 2c;(;~>T (.u, <{.2S-S" -Z oC; TL ~S/. c/be-z#s- "",,'."-'.'~."I We the undersigned Akin Road residents do not approve the proposed Akin Road improvement project, until safety issues have been addressed and implemented to the satisfaction of the residents. Name Address Phone C h ,,\ C I~ ,f 0J\/( () t\/}/t- ~+,3(J(~? - ?OC;l~ 65/- "'fl.- S ,~1 '>~)\'" ) , , I -'d ~- ~'_ :..// ,', .(; ':'~l .'"j 1".. . .....~v \:: l \ -t',:'::-! '.' ,0(1 ,'- vI.. "1' --;'{. '/.) I - n,,) ), y,,, '-" . \." ~- './ ~:.)'~J V\ ""~-';J I _.- c, C"'If~) '.-' ~ : .l , -.. - I <....-~ fil.-~( I!-. (16->j/ '/c).Lj () - ,.;1 0 (, 7 II 6 '7/- Lj it! - (.. O(S,j ~llU)'CQ Ctt\ Sti~--- Liz { c; '1 (){f:-rlJ (?~7 - 'I~~o -- J 7 $I / /-7 . t~~. b'-... ,,__-~\ 9.,\\ \c; J \J Zl~lo :> S' , '\)t'\- I (f\ S l~ S / - Lf(.:3 . ({ ZL/'/ , . ...--~ , ;2:. .':';1_/'-;'_,) ~:.~ ',::_,--A!/.1-- . .~ ~/ ~' " /.t:' /,_.. i .," A-~ I --;>c .'-:"; l ~..," .- ') ~ ~. .~ f ....,~.... "- - .' -,~ --~ ") ,~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 'O/; TO: Mayor, Councilmembers, City Administrato~(Jl. FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: 2001 Sealcoat Project - Public Hearing DATE: March 5, 2001 INTRODUCTION At the February 5, 2001 City Council meeting, the Council accepted the feasibility report and scheduled a public hearing for March 5, 2001, on the 2001 Seal Coat project. DISCUSSION The 2001 Seal Coat project is part ofthe City's seven-year cycle seal coat program established by the City in 1994. The seal coat program operates on a seven-year cycle, seal coating streets every seven years to extend street surface life and reduce long term maintenance costs. The streets in Pine Ridge Forest Addition, Nelson Hills Farm 6th Addition, Charleswood 1st Addition, and Dallas Avenue from 208th Street to its northerly terminus are to be seal coated for the first time this year. The streets of Hilldee Addition, Westview Acres, 208th Street from Akin Road to the east, Spruce Street from 4th Street east to the frontage road of C.S.A.H. 50/ T.H. 3, and 5th, 6th, and 7th Streets for ~ block north and south of Spruce Street are scheduled to be seal coated this year as part of the 7 year maintenance program cycle. BUDGET IMPACT The 2001 Seal Coat Project is included in the 2001 Capital Improvement Plan. Several streets in the project area have already been assessed seal coating costs through their respective development contracts. The property owners benefiting from the improvements to the remaining streets would be assessed for the project costs pursuant to Minnesota Statute 429 and the City's Special Assessment Policy. The remainder ofthe costs would be funded through the Road and Bridge Fund. The total estimated project cost for the 2001 Seal Coat project is $85,200. The City's special assessment policy indicates a 50/50 cost sharing split between the City and the benefiting properties for seal coat improvements. The estimated assessment based on the estimated project costs and the City's special assessment policy is $62.28 per residential equivalent unit. ACTION REQUESTED Adopt the attached resolution ordering the 2001 Seal Coat project, approvmg the plans and specifications and authorizing the advertisement for bids. Respectfully submitted, ~M~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Proposed RESOLUTION NO. R -01 ORDERING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS PROJECT 01-01,2001 SEAL COAT 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 5th day of March 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, a resolution of the City Council adopted the 5th day of February 2001, fixed a date for a Council hearing on the proposed 2001 Seal Coat Project; and WHEREAS, ten days' mailed notice and two publications of the notice of the hearing was given, and the hearing was held thereon on the 5th day of March 5, 2001, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report, and the improvement should be made as proposed and not in connection with any other improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 5th day of February 2000. 3. Plans and specifications prepared by Lee M. Mann, P .E., engineer for such improvement, are hereby approved and shall be filed with the City Clerk. 4. The City Clerk shall prepare and cause to be inserted in the Farmington Independent and the Construction Bulletin an advertisement for bids for the construction of such improvement under the approved plans and specifications. The advertisement shall be published no less than two weeks before the last day for submission of bids in the Farmington Independent and at least once in the Construction Bulletin. The advertisement shall specify the work to be done, shall state that the bids will be opened for consideration publicly at 2:00 p.m. on the 29th day of March 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 5th day of March 2001. Mayor Attested to the day of , 2001. City Administrator SEAL ATTACHMENT A Streets Spruce Street 51h Street 6'h Street 1h Street Hickory Street Westwood Court Westlyn Court Westgail Court Westview Drive Westview Court Westdel Road 208'h Street Dallas Avenue 1841h Street West Everest Circle Everest Path Exodus Avenue Exodus Circle Everton Avenue Everest Path Excalibur Trail 188'h Street Exclusive Path 189'h Street Excalibur trail Everest Path Evergreen Trail Exceptional Trail Ewing Street Excel Court Evensong Avenue Upper 182nd Street West Facade Avenue Lower 182"d Street West Lower 182nd Street West Euclid Avenue Euclid Street Location 4'h Street to Frontage Road ofC.S.A.H 50 / T.H 3 Y2 block south of Spruce Street to Y2 block north of Spruce Street Y2 block south of Spruce Street to Y2 block north of Spruce Street Y2 block south of Spruce Street to Y2 block north of Spruce Street Denmark Avenue / C.S.A.H 31 to r'Street Akin Road to the east Everton Avenue to Everest Path Upper 183rd Street to Explorer Way Upper 183rd Street to south phase line Upper 183rd Street south to cul-de-sac Englewood Way to 19dh Street W. Everest Path east and then north to 18854 Excalibur Trail Everest Path to phase line of Nelson Hills 6'h Addition Everest Path to phase line of Nelson Hills 61h Addition Everest Path to phase line of Nelson Hills 6'h Addition Everest Path to phase line of Nelson Hills 6'h Addition 1951h Street to 19670 Everest Path Ewing Street to Everhill Avenue 195'h Street to Excel Court Exceptional Trail to Everest Path Everest Path east to 19671 Evensong Avenue C.S.A.H 31/ Pilot Knob Road west to Facade Avenue Facade Avenue east to Upper 18r Street West C.S.A.H 31/ Pilot Knob Road west to terminus Upper 182"d Street West, north to Lower 182"" Street West d ' Upper 182" Street West to south phase line 2001 SEALCOAT AREAS IO",M"OI((lliti' 2 I.'l ,~.. -. ~ .. ,-,. ...n ..... L:l ~ 'M I" , j CSAH 50 FIGURE I ......~;::i/ /<"""""""""""""""""""'" . ! , . , . . I d I N j ICITY OF FARMINGTONI 500 I I I I I o 1000 2000 .3000 SCALE City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us COe- TO: Mayor, Councilmembers, City Administrator 9~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Vacate Sanitary Sewer Easement - Bristol Square 2nd Addition DATE: March 5, 2001 INTRODUCTION As part of the platting for the approved Bristol Square 2nd Addition, the City needs to vacate a portion of the sanitary sewer easement along the alignment ofthe Southeast Trunk Sanitary sewer. DISCUSSION The easement in question was acquired for the installation of the Southeast Trunk Sanitary Sewer in 1995. The easement is located along the westerly property line of the Bristol Square Development (see attached diagram of Bristol Square 1 st plat). As part of the platting of the Bristol Square 2nd Addition, the developer agreed to give the City additional easement over Outlot N for the trunk water main that was installed as part of the 2000 Trunk Water Main project. In return, the developer requested that the City vacate a portion of the sanitary sewer easement on Outlot B (see attached diagram of Bristol Square 1st plat). Staff reviewed the request and determined that vacating this portion of the easement would not adversely affect the City's ability to maintain the sanitary sewer. Typically, an easement for a sewer such as this would be a parallel strip ofland that extends IS-feet either side of the sewer alignment. The likely reason that this non-typical shaped easement was acquired was to simplify the legal description for the easement in keeping the easement lines either parallel or perpendicular to the property line. The corner of the proposed area to be vacated is IS-feet from the sanitary sewer line. Also attached is a copy of the subject area of the approved Bristol Square 2nd Addition plat that shows the modifications to the easements described above. The vacation of the sewer easement is necessary before the 2nd Addition plat can be filed. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution vacating the described portion of the sanitary sewer easement in the Bristol Square development. Respectfully submitted, ~rn~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Jim Allen RESOLUTION NO. -01 A RESOLUTION VACATING AN EASEMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of March, 2001, at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington owns a Sanitary Sewer Easement in the Bristol Square First Addition; and WHEREAS, the City of Farmington has received a request from the Developer to vacate a portion of the Easement legally described on the attached Exhibit "A"; and WHEREAS, it appears that it is in the public interest to vacate the portion of the Sanitary Sewer Easement legally described on the attached Exhibit "A"; and WHEREAS, pursuant to Minn. Stat. ~ 412.851, the Farmington City Council has conducted a hearing preceded by published and posted notice to consider the easement vacation requested by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington: 1. The portion of Farmington's Sanitary Sewer Easement described and attached hereto as Exhibit "A" is hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Dakota County, Minnesota. ADOPTED this 5th day of March, 2001, by the City Council of Farmington. CITY OF FARMINGTON (SEAL) BY: Mayor ATTEST: City Clerk 91813,02 Rev:2/27/01 EXHIBIT A The North 14.04 feet ofthe South 24.04 feet of the East 15.00 feet of the West 40.00 feet of Outlot B, Bristol Square First Addition, Dakota County, Minnesota, according to the recorded plat thereof. 91813,02 Rev:2/27/01 " ~ 1; " Ib ~ t :" ~ 2! CIJ , ~ L&J . ..J I N N If') V -e ~ - 0 CD '"\ ~ ~ 0 ~ 0 Z Z i5 ~ 1&1 X CII I- CD ~ <It <It 1'1 5'At.J /11T.(. Y SeweIQ. LL N t: s~. EA-seYla./T TO Be VJtCA reD 15"' x 14-.ol\' ~ : ~ ~ 1&1 !!! ~ ~ 1&1 Z ..J I 1 x, . ~ " ~ ~ ,: I o 1 I. ,----------------~~/J)'f' ~ ~ ~... o~ -\t'I . \t'I~ o 0 1&1 27 .. 1'1 <It Co ..... - <t 0 0 z : -I , 0 LIJ 0 ..... 8 m N 0 ~ <It IN :::> 0 :- ~ "ix:l , 0 N I .s- . I <It t 0 , Z , CII , 20:00 42.33 . 0 Ul I- o -I I- :::> t-.... CIION 1&1 O-Jai :r N Ot-<It I ~ ",::>N CD N I i lO , 0 - 0 0 , <ri z 27 u 1&1 . 1'1 <It Co - o z ..,.: ~ 8 If'i QI I- ,.:: 0 ~N ':8 -J 0 .g 00' l 0 I- 0 ~ 30,00 10 :1'1 _ 0 · loN :- -' ~ ~~ I ~ 2 CI)'\-: 0 ~N N % ' _- <It <It f l-...: 0 I " ': 1"', 42.33 Ul 30.00 30,00 .... '-, ...:-:;. I ~~_~~~l'.tQ:~..__________ : a .~~~~~_ 589- 4S' C ~,. ,., _.1 .....0 _u..___.... " IS> ~- J'-:: 90-06'50 : A' "8 09 "" ' /. . ,~- ;.;J . -- ~sg- '-- 129.59 N89-48'OS"E --:.::/! N5 37.66 _-::":.. - __0 ---228. 44 589-48'08" E ___ e-07'2/"E ". J. ---175.94.. - '8: - 33,42- , \ 18,;:O'O..--m-siig-;4-eiOa-; E" ........---... d ~r-,;r. -----t .-"~-~~- N N,.....!.j '.,,,,, 0 30,00 30,00 30,00 30,00 30.00 I~ d ~:'. <,'!, If') ~ If') If') .., ~ 8: 8. 30 'e 2 ~ 3 N 4 ~ 5 ~ 6: ~ gi 8 t? ,00 <It <It <It <It ... ... I i.!. ni 7 ~ .~ '" 30.00 30.00 30,00 30,00 30.00 30,00 CQ" ... 180 ;, ; ~o I\- _.. R=52oo'00 589-48'OS"E 5.00-~~."i I '''''V ., __>2/,38' 5S9-4B'os"E'~ ~ 4=23.3J' 10FT. UTILITY a DRAINAGE E5M'Ttl! '<0 ( .'8 R"68,~3" ,,: IOl ,00 o ""_~ 27.96 '- ,9 1 :.! :f{ -- ~ J'-= 2~33'23" L..-': - . :1042.62 _ _ ::-__16.23 180.00 589-48'08"E ~r 30.00 I 30.00 I 30.00 I 30.00 I 30.00 I 5S9.48' OS" 90,00 30.00 o ~~I <1 (19_(1. $0 <9 S~~ .. '0< 0 ",. ... ... ~ 1'1 ... 589-4 60 30.00 r7I 30,00 r - - , ~. ' L~ :'7' / ,/,$ j / ( ~ / :,:., N SgtJ41,'18" W 42.33 ,~g, . oC"" ~ 4 ;' ': . au '... 0 N ,~ g \'.~,,'.<:,:.. d . ~ LaJ ~ . . . - ." ".' .... r'~r-r Ll~ ., :in . ~ .',' '.. .;to., , ..- ..... 't 'N I") U,,' o "" ....... ~. z .s, W48' 08"[ " 80.75 I~.:. .l '~ I- .::..:. l.L.. o "" ....... ~ ~ l- ' '.' ". . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us IO~ TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Consider 2001 Council Goal Setting Workshop Considerations DATE: March 5, 2001 INTRODUCTION Over the course of the last several years, Council has scheduled goal-setting workshops in April of each year to review the status of goals identified for completion over the prior 12 months and to establish new goals for the next 12 months. DISCUSSION Council goal-setting workshops have proven to be an especially valuable experience for the Council, administrator and management team staff. Workshops have allowed all stakeholders the opportunity to develop a strategic community vision on a broad range of topics, gain a better understanding of overall issues affecting the community, review City accomplishments over the last 12 months and allow for the formulation of strategic responses to identified community needs. In light of the fact that the City will be in a state of transition over the next 60-90 days, and the Council will be focusing a considerable amount of time and energy in both the selection process and other community matters, it is suggested that the annual Council Goal-Setting workshop be postponed. The opportunity for a new administrator to participate in this annual event with Council and department directors would be very beneficial in terms of allowing this individual to gain a better historical understanding of existing Council goals, gain insights into Council priorities and permit the new administrator to participate in the establishment of new Council goals for the next 12 months. In order to provide Council with some measure of the status of 2000 Council goals, I have attached an update of staff efforts to date. ACTION REOUESTED Consider postponing the 2001 Council Goal-Setting Workshop normally scheduled for April to a future date specifically designed to coincide with the appointment of the new City administrator. File COUNCIL 2000 GOALS - UPDATE March 5,2001 No. GOAL STATUS 1. Consider the creation of Traffic Safety Staff has completed a draft working document in Committee to review and respond to support of a TSC. Council has scheduled a workshop public requests for additional traffic for March 21 to review and discuss the proposed safety devices. framework for creating a Traffic Safety Committee. 2. Consider the establishment of an Work is in progress, with the production of a video annual State of the City presentation completed by mid-April. The Mayor has participated outlining City achievements, in several meetings to date. community development projects and specific City initiatives. 3. Continue actions regarding the Actions related to this goal are in process and are proposed acquisition of property for the dependent on private development negotiations. future construction of a new Outdoor Preliminary discussions have been held with the Athletic Complex as previously developer and the Parks and Recreation Commission recommended by the Parks and have been kept apprised. Recreation Commission, and affirmed by the Facilities Task Force. 4. Schedule a meeting with the School This meeting was postponed until a new School District and City of Lakeville to discuss Superintendent was hired. At this time, Council may issues of mutual concern. wish to consider a Fall 2001 meeting date to allow */ssuesfor meeting agenda include for the new City administrator to participate. development mix within the School District, growth issues, etc. Council to identifv other issues. 5. Establish a Council Policy adopting Council affirmed the importance of existing policies certain procedures and guidelines to and procedures. No further action was requested. facilitate the effective telecasting of local government meetings. 6. Schedule a meeting with the City's Council postponed the scheduling of this meeting due Legislative Delegation and to 2000 legislative elections. Council may wish to Metropolitan Council Representative. consider holding a meeting later on this year. 7. Consider the use of a Community Council appointed the firm of Decision Resources, Survey in 2001 to ascertain the level of Ltd. to develop a community survey. A Council public satisfaction with City services. workshop has been scheduled for March 28 to review and discuss a draft survey instrument. 8. Determine what the City/HRA's efforts Issue has been referred to the Housing and should be relative to Elm Street Redevelopment Authority for continuing study. Land redevelopment, property acquisition acquisition strategies have been identified to promote and commercial/retail expansion HRA redevelopment opportunities. (carry-over 1999 Goal) COUNCIL 2000 GOALS - UPDATE March S, 2001 No. GOAL STATUS 9. Consider the creation of a Pavement Staff is finalizing program options for Council Management Program (PMP) as a review. A workshop will be scheduled to formally matter of Council Policy to inventory discuss the PMP with Council in late April/May of and prioritize the reconstruction of City this year. roadways. 10. Consider the adoption of a City This Council goal will be introduced along with the Ordinance relative to imposing Spring PMP discussions. weight restrictions on City streets. 11. Consider the adoption of a Council Council has held a workshop and did adopt a policy Policy to facilitate the pro-active to more proactively address accumulation of refuse enforcement of refuse and "junk" on private property. This change in policy will take removal from City streets, alley ways, place this spring to coincide with City clean-up day. public right-of-way and private properties. City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651)463-2591 www.ci.farmington.mn.us /06 TO: Mayor and Council Members, City Administrator.t{il- FROM: Michael Schultz ^ fJ Associate Planner !)J\ SUBJECT: Consider Ordinance - Charleswood PUD Amendment/Rezone DATE: March 5, 2001 INTRODUCTION Newland Communities is seeking a PUD Amendment/Rezone to the Charleswood Planned Unit Development to incorporate 15.42 acres of property located directly east of the easterly property line and extending to the right-of-way line for Pilot Knob Road (CSAH 31). The property is currently zoned R-1 (Low Density) and would be rezoned to R-3 PUD. DISCUSSION The subject parcels are remnant pieces of property that were split from the larger tracts of land during the construction of Pilot Knob Road. During the construction of CSAH 31, south of 190th Street, the roadway was swung to the east to avoid several wetlands, this alignment created several smaller parcels from the larger tracts located east of the existing alignment. The County currently owns the property with an agreement to sell the property to Newland for the platting of the 5th Addition and future platting to the north. These remnant parcels are currently zoned R-1, forming a sliver between the Charleswood development zoned R-3 PUD and the Vermillion Grove and Middle Creek developments which are also zoned R-3 PUD. The developer proposes to amend the Charleswood PUD to incorporate these parcels into the R-3 Planned Unit Development. The developer proposes townhome development to occur in this portion of the Charleswood development, following the approved original Planned Unit Development. A Comprehensive Plan amendment is not required for this action; all of the appropriate land uses have already been designated in the 2020 Comprehensive Plan. The Planning Commission, at their February 26th, 2001 meeting, forwarded a recommendation of approval to rezone the property from R-1 to R-3 PUD, amending the Charleswood Planned Unit Development. ACTION REQUESTED Adopt the attached ordinance rezoning the subject property from R-1 (Low Density) to R-3 PUD and amending the Charleswood Planned Unit Development. cc: Steve Juetten, Newland Communities ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING ORDINANCE, REZONING SUBJECT PROPERTY LOCATED BETWEEN THE CHARLESWOOD PUD AND PILOT KNOB ROAD THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-2-8(B) of the Farmington City Code is amended by adding a new subsection rezoning the property legally described on the attached Exhibit A from R-1 (Low Density) to R-3 PUD, consistent with the Charleswood property previously rezoned pursuant to Ordinance No. 097-408, as codified at Section 1O-2-8(B)(42) of the Farmington City Code. SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-2-1 of the Farmington City Code, shall not be republished to show the aforesaid zoning, but the City Planner shall appropriately mark the Zoning Map on file in the City Hall for the purposes of indicating the rezoning provided for in this ordinance. SECTION 3. This ordinance shall be effective immediately upon its passage. ADOPTED this 5th day of March. 2001, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Gerald Ristow, Mayor A TrEST: John Erar, City Administrator Approved as to form the day of ,2001. City Attorney SEAL Published in the Farmington Independent the _ day of , 2001. 66074 SENT BY:GENSTAR MIDWEST 2- 6- 1 :10:24AM : GB~STAR MIDWEST~ 651 463 1611:# 51 6 LEGAL DESCRIPTION Parcell: at part of the Northwest Quarter ot Sec.tion 25, Township 114 North, Range 20 West, Dakota County, MilUlesota, lying Northerly of the South 140 acres of said Northwest Quartel', and lying Westerly of a line 75.00 feet Westerly of and parallel with "Line 1" and lying Southerly of "Line 2". Said "Line }" and "Line 2" are described as follows; "Line I" Commencing at the Southwest corner of said Northwest Quarter; thence on an assumed bearing of North 89 degrees 33 minutes 05 seconds East, along the Sourn line of said Northwest Quarter, 150.01 feet to the point of beginning of the line to be described; thence North 0 degrees 16 minutes 27 second East 139.67 feet; thence Northerly 792.52 feet along a tangential curve concave to the East having a radius of 7639.44 feet and a central angle of 5 degrees 56 minutes 38 seconds; thence North 6 degrees 13 minutes 05 seconds East, tangent to said curve, 413.88 feet; thence Northerly 792.52 feet along a tangential curve concave to the West having a radius of 7639.44 feet and a central angle of 5 degrees 56 minutes 38 seconds; thence North 0 degrees 16 minutes 27 seconds East, tangent to the Ia~t describt:d curve, 533.48 feet and said line there terminating, "Line 2" Commencing at the Northwest corner of said Northwest Quarter thence 011 an assumed bearing of South 0 degrees 16 minutes 27 seconds West, along the West line of said Northwest Quaner, 329.01 feet to a found judicial landmark as called for in Certificate of Title No. 108101 on file in Registrar of Titles office in Dak.ota County, Minnesota, and the point of hegirming of the line to be described; thence South 88 degrees 29 minutes 37 seconds East 250.00 feel toward a found judiciallandrnark as called t"or in said Certificate of Title No. 108101, and said line there terminating. Parcel 2: (Abstract) That part of the Somh ]40 acres of the Northwest Quarter of Section 25, Township 114 North, Range 20 West, Dakota County, Minnesota, lying Westerly of Pared 1 as designated on Dakota County Road Right of Way Map No. 195, record map and lying Westerly of a line 75.00 [eel Westerly of and parallel with the following described line: Conunencing at the Southwest corner of said Northwest Quarter; thence on an asswned bearing of North 89 degrl.!'es 33 minutes 05 seconds East. along the South line of said Northwest Quarter, 150.01 feet to the point of beginning of the line to be described; thence North 0 degrees 16 minutes 27 second East 139.67 fed; thence Northerly 792.52 feet along a tangential curve concave to the East having a radius of 7639.44 feet and a central angle of 5 degrees S6 minutes 38 seconds; thence North 6 degrc:es 13 minutes 05 secolldo; East, tangent to said curve, 413.88 feet; thence Northerly 792.52 feet along a tangential curve concave to the West having a radius of 7639.44 feet and a central angle of 5 degrees 56 minutes 38 sc:conds; thence North 0 degrees 16 minutes 27 seconds East, tangent to the last described curve, 533.48 feet and said line there terminating. -CONTINUED~ (Abstract) SENT BY:GENSTAR MIDWEST ; 2- 6- 1 ;10:24AM ; GENSTAR MIDWEST~ LEGAL DESCRIPTION (continuea) 651 463 1611;# 6/ 6 Parcel 3: hat part of the Southwest Quarter of Section 24, and that part of the Northwest Quarter of Section 25, _11 in Township 114 North, Range 20 West, Dakota County, Minnesom described as follows: Commencing at the Northw~st corner of the Southwest Quarter of said Section 24; thence Southerly on the West line of said Southwest Quarter and on the West line of the Northwest Quarter of said Section 25, a distance of 2,937.5 feet to a found judicial land mark as called fur in Certificate of Title No. 108101 on file in the Registrar of Titles office in Dakota County, Minnesota, and the point of beginning of the land to be described; thence on an assumed bearing of South 88 dcgrees 29 minutes 37 seconds East 200.46 feet toward a fOURd judicial land mark as called for in Certificate of Title No. 108101; thence North 0 degrees 16 minutes 27 second Ea'St 180.94 feet; thence North 89 degrees 43 minutes 33 seconds West 5.00 feet; theoce North 0 degrees 16 minutes 27 seconds East 50.00 feet; thence South 89 degrees 43 minutes 33 seconds East 5.00 feet; thence North 0 degrees 16 minutes 27 seconds East 193.02 feet; thence Northerly 332.27 feet along a tangential curve concave to the West having a radius of 1834.86 feet and a central angle of 10 degrees 22 minutes 32 seconds; thence North JO degrees 06 minutes 05 seconds West, tangent to said curve, 896.77 feet to the South line of the North 1303.89 feet of the Southwest Quarter of said Section 24; thence North 89 degrees 48 minutes 07 seconds West 7.67 feet along the South line of said North 1303.89 feel, to the West line of the Southwest Quarter of said Section 24; them:e Southerly along the West line of said Section 24 and along the West line of the Northwest Quarter of said Section 25 a distance of 1632,19 feet to the point of beginning. (Torrens) Property Location Map o Location Map Original Charleswood PUD Proposed Charleswood 5th Add Original PUD bounda r o -l ^ Z o OJ ;0 Cl () en ~ D w ~ - N W*E S City of Farmington Zoning Districts Location Map of Subject Rezone . F-3 Legend ,I\J City Boundary '/' -; MUSA Boundary ~oning Districts D A-1 (Agriculture) _ A-2 (Agriculture Preserve) D B-1 (Limited Business) _ B-2 (General Business) _ B-3 (Heavy Business) ~ B-4 (Neighborhood Commercial) _ C-1 (Conservation) .. F-1 (Floodway) D F-2 (Flood Fringe) D F-3 (General Flood Plain) _ 1-1 (Light Industrial) _ PUD (Planned Unit Development) D R-1 (Low Density) D R-2 (Medium Density) ~ R-3 (High Density) _ R-4 (Mixed Code) N w+, s last Amended April 3. 2000 Colt) cu . :EM '" '" II:! -g <( .!l! "0 _ '" Cl> ~ II:! g. '- <( ~ .~l ~ ~.Q :5 ~ ~ .~ a. 0 ~ "8 .!: ~ 0'<= c: u:: l 5 d, ~ to '" ~ ~ ~ -g 5: c: c: ~:Jlc:.!l!:J Cl>~ ~Cl> ~~ c: g .. "0 ~ ~ .!'! [[ ~ ~c:~tO~lij~ ~Cl>Cl>~ j5cn.2[ c:g~~~~5: "'~o~ ~~~cn g to Iii .!l! .!l! Cl> Cl> a. '" E ~ ~.- Co Cl> c: to<(ca.a..~~~~~~~o~EOO~ ~3~"8"8~lij~~~~Cl>ECl>~~~0 ~~5~~~~.~~'0~~~~g~~~ .,.= 0 a :J... to.!: dl 0 ~ Cl> .2>.0 >0 Cii :::J:S: (' > ED ~~~:I::::J""Cl>iOO .~ 8 IIDD(]llmiioD ('I) '+-' - (J CU .- s.. s.. '+-' 1i)S:: .- Q) CO c ro a.. Q) CJ) ::) "'0 C ro ....J o N o N "'0 C Q) 0) Q) ....J ".~ ~ L.... IJ..l z*oo ~ t .~ ~J Qj '" u. 8 N 8 Q) ro () Cf) '" ~~~ - " zg"' :/,,'" ~o" ",ili~ 00" ~~~ ~~U) "ollj ~~~ ~"' ~",3 "Klll o o ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us JO~ TO: Mayor and Council Members, City Administratorj(Jlt/ ^/ n Michael Schultz, Associate Planner W FROM: SUBJECT: Consider Resolution - Charleswood 5th Addition - Preliminary PlatlPreliminary PUD Approval DATE: March 5, 2001 INTRODUCTION Newland Communities is seeking Preliminary Plat approval for the 5th Addition of Charleswood. The plat consists of96 townhome units on 21acres ofland located south and east of the existing single-family lots. Planning Division Review Applicant: Newland Communities 11000 W/ 78th Street Eden Prairie, MN 55344 (612) 942-7844 Plat Application Received: February 1,2001 Referral Comments: 1. Lee Mann, Director of Public Works/City Engineer 2. Jay Riggs, Dakota County Soil & Water Attachments: 1. Application 2. Location Map 3. Charleswood 5th Addition Preliminary Plat 4. Elevation Drawings of Proposed Townhomes 5. Landscaping Plan 6. Wetland Buffer Location of Property: South of 195th Street and between the 4th Addition and Pilot Knob Road (CSAH 31). Area Bounded By: Single-family residential to the west, future multi-family to the north and south. Existing Zoning: R-3 PUD Sidewalks: The right-of-way shown on the plat for 200th Street follows the general alignment shown on the PUD. A bike trail will be constructed along the north side of 200th Street and connect to the sidewalk located within the 4th Addition and eventually to the future trail along Pilot Knob Road. Streets and Accesses: Topography: Site topography is generally flat toward the east but begins to slope up to Pilot Knob Road. Wetlands: Wetlands are located both to the south and north of the proposed development. Wetland mitigation also took place to the south for the wetland impacted for the future construction of 200th Street. Flood Plain: Flood plain exists south of the development, but does not impact this plat. Parkland and Trails: A portion of the parkland has been dedicated to the north of the main wetland and east of the single-family development. Trails have been constructed leading into the park. Additional Comments Newland Communities has submitted for review the Charleswood 5th Addition Preliminary Plat; the plat consists of96 townhome units and the future right-of-way for 200th Street W. The 200th Street connection will serve as a minor collector and will connect the 4th Addition with Pilot Knob Road (CSAH 31) serving as a southern ingress/egress for the entire single-family portion of the Charleswood PUD. The road will have a 70-foot right-of-way and a 36-foot wide roadway. During the preliminary platting of the 3rd and 4th phases, the Planning Commission made it a contingency of approval, that at a minimum, a temporary gravel roadway be constructed for construction and emergency response vehicle access. Now that the developer has come to terms with a builder, the roadway will be entirely constructed to service the development. The Planning Commission, at their February 26th, 2001 meeting, forwarded a recommendation of approval of the Preliminary Plat. Lot Layout/Building Setback The developer is proposing a single lot for each 4-unit building footprint. The typical lot dimension is 129 feet wide by 75 feet deep. The setback of the townhomes off of 200th Street will vary from 20 to 25 feet, the varying setback is affected by the adjacent wetland buffer requirements. The common lot shown on Lot 17, Block 1 and Lot 9, Block 2 will be controlled and maintained by the homeowners association. Note that Common Lot 17 will need to be corrected, the plat indicates 17 lots for the townhome units within Block 1, with Lot 1 being reserved for a future well house site for the City. Off-street Parking The developer is not proposing any additional off-street parking within the proposed townhome development. Staff suggests that additional off-street parking be added within the private drive roadways for additional visitor parking without the removal of any additional trees. CSAH 31/Roadways Currently Dakota County Highway Department controls a 120- foot right-of-way for CSAH 31; an additional IS-feet of right-of-way (60-feet of half right-of-way currently exists) will be conveyed to the County during the platting of the 5th Addition. The additional right-of-way will serve for the future widening of the roadway to four lanes and the future construction of a bike trail along both sides of the roadway. The 5th Addition plat proposes a 70- foot right-of-way for the construction of 200th Street along with a trail along the north side; the street will serve as a minor collector running eventually from Flagstaff Ave to Pilot Knob Road and through to Akin Road. The drives stemming off of 200th Street will be private roadways and be maintained by the homeowners association. Each of the private drives proposes a turnaround for emergency vehicles. Private drive 'A' is measured to be 700 feet in length, but because it is a private roadway and not a public local road, a variance is not required. Sidewalks/Trails An 8- foot bike path is proposed along the north half of 200th Street W beginning at Pilot Knob Road and heading west toward Charleswood 4th Addition. The trail will eventually connect with the future trailway to be constructed along Pilot Knob Road. Wetlands Wetlands are located to the north and south of the plat with a small portion of a wetland being effected during the construction of 200th Street. A small "appendage" of a wetland extends southward and will be crossed by 200th Street W. That portion of the effected wetland was calculated and mitigated for during the l'latting and wetland review for Charleswood 3rd Addition. The mitigated area is located south of 200 Street and is shown in Outlot C. Engineering Comments See attached memo from Lee Mann, City EngineerlPublic Works Director. Landscaping Plan The developer is proposing boulevard trees at 40- foot spacing along 200th Street, meeting the requirements outlined in Section 10-6-14: Landscaping of the City Code. The developer also proposes additional landscaping around each of the buildings (see attached diagram). The developer is also proposing entry monuments with landscaping and also additional landscaping along Pilot Knob Road. The monuments will be located on both sides of the roadway and is not proposed to be constructed within the right-of-way, similar to the monument located on Everest Path/19Sth Street. City staff proposes that additional trees be planted along the private driveways stemming off of 200th Street. Staff also suggests that additional trees be planted within the common areas and/or along the wetland area to the south, replacing trees that are being removed as part of the proposed project. ACTION REOUESTED Adopt a resolution approving the Charleswood 5th Addition Preliminary Plat/PUD contingent upon the following: 1) Identify the required easement for the existing sanitary trunk line located south of200th Street West; 2) Continued coordination with City Staff and Dakota County on the implementation of turn lanes at the intersection of CSAH 31 (Pilot Knob Road) and 200th/203rd Streets; 3) Additional off-street parking stalls be added along the private drive roadways, not to include any additional tree removal; 4) Additional landscaping be considered within the common lot area and/or the wetland area to the south; 5) Make the necessary correction concerning Common Lot 17, Block 1; 6) Any requested changes made by the Engineering Division. Michael Schultz Associate Planner cc: Steve Juetten, Newland Communities RESOLUTION NO. APPROVING PRELIMINARY PLAT CHARLESWOOD 5th ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of March, 2001 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the preliminary plat of Charleswood 5th Addition is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the 26th day of February, 2001 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the City Council reviewed the preliminary plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above preliminary plat be approved with the following stipulations: 1) Identify the required easement for the existing sanitary trunk line located south of 200th Street West; 2) Continued coordination with City Staff and Dakota County on the implementation of turn lanes at the intersection of CSAH 31 (Pilot Knob Road) and 200th/203rd Streets; 3) Additional off-street parking stalls be added along the private drive roadways, not to include any additional tree removal; 4) Additional landscaping be considered within the common lot area and/or the wetland area to the south; 5) Make the necessary correction concerning Common Lot 17, Block 1; 6) Any requested changes made by the Engineering Division. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of March, 2001. Gerald Ristow, Mayor Attested to the 5th day of March. 2001. John F. Erar, City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Lee Smick, City Planner FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Charleswood 5th Addition (preliminary Plat Review) DATE: February 22, 2001 Engineering staff has reviewed the revised preliminary plat for the above referenced project. The following comment will need to be addressed prior to the next submittal: 1. The existing trunk sanitary sewer will require a thirty-foot easement. The sanitary pipe must be centered within the easement (fifteen feet on each side of pipe centerline). 2. There are two areas currently labeled as Outlot C (clarify). 3. Common lots (lot 17 block 1, lot 9 block 2) need to be clearly defined as a drainage and utility easement over the entire lot. 4. The two areas for future well sites must be platted with a separate easement description or as an outlot. Approval of the final plat will be contingent on reaching an agreement on the well site transactions. 5. Private Drives A through C can be platted in one of three ways: 1) as individual outlots 2) with separate easements 3) as part of the common lots and clearly defmed as a drainage and utility easement. 6. Lot footprints must be clearly positioned, including all areas for future expansion (decks,etc), to allow for access to utilities. A clear area of thirty feet should be maintained (15' on each side of centerline of utility pipe) to allow for future maintenance access. Landscaping should be positioned to avoid these thirty-foot clear areas. smce;: JJ1 ~~ Lee M. Mann Director of Public Works/City Engineer cc: File Dave Olson, Community Development Director Mike Schultz, Associate Planner Steve Juetten, Newland Community FEB-22"':2001 17: 10 -TIHKOTf=l-SWCD P.02 JAKOTA COUNTY SOIL Ai ~D WATER CONSERVATION DISTRICT Dakota County Extension and Conservation Center 4100 220th Street West, Suite 102 Farmington, MN 55024 Phone: (651) 480-7777 FAX: (651) 480-7775 www.dakotaswcd.org February 22, 2001 Mr. Michael Schultz Associate Planner City ofFannington 325 Oak Street Farmington, MN 554-1358 Ref: 97FRM055 RE: REVIEW OF THE REVISED PRELIMINARY AND FINAL PLAT FOR CBARLESWOOD 5TH Dear Michael: The Dakota County SoillU'ld Water Conservation District (District) has reviewed the revised Preliminary Grading Plan for the ahove-mentioned site. This phase oCthe Charleswood PUD entails 96 multi-family units (17 buildings) on approximately 21.1 acres; the entire PUD encompasses approximately 396.8 acres. This letter is a revised version of the previous Charlsewood Slk comments (submitted on January 4,2001 by the SWCD) and summarizes the proposed erosion controls and submits erosion and sediment control recommendations. Please note: Contact Jason Moeckel at the Minnesota Department of Natural Resources . regarding salvaging trees that will be removedfrom this site. Many of the larger trees l1!'e needed for stream restoration projects scheduled for the spring and early summer of 2001. His phone number is 651-772-7965. We observed the following erosion and sediment controls on the plans: 1. Heavy-duty silt fence at the construction limits. 2. Design specifications for rock construction entrance, silt fence, and inlet sediment filter. 3. A multi-cell stonnwater pond. 4. NoteS'regarding silt fence installation/maintenance, street cleaning, and stabilization. We have the following comments and recommendations regarding erosion and sedimentation control: 1. Construct the multi-cell stot"lIlwater pond immediately upon initiating grading to act as temporary sediment basin. Direct runoff from the roadway to this basin via diversion channels. Temporary sediment basins must be constrUCted properly to be effective. A stabilized emergency spillway must be installed. Further, install a tL.'1I1porary riser at the sediment pond outlet to optimize sediment tr3.pping efficiency. The Dakota SWCD bas a free floating skimmer/riser aV2ililble to test its effectiveness in the field. Contact our office if the developer is willing to instaU this device. 2. Install rock check dams or other approved devices at appropriate intervals in all diversion channels and othl.'I' areas of concentrated flow at design intervals. 3. Modify the ~"Tleral Grading Note regarding 'iJositive site drainage" to include the following: AN EQUAL OPPORTUNITY EMPLOYER FEB-22-2001 17:10 DAKOTA SWCD P.03 Cbar1eswood 5th Addition 97FRM055 2 · Water pumped from a depressional area must be discharged to a sediment pond or filtered prior to discharge to a wetland, waterbody, or stonn sewer. · Trenches cut to convey water from a ponded area must lead to a sediment pond or other sediment control prior to discharge to a wetland, waterbody, or storm sewer. · AIl sediment basins, including temporary ponds, must have a controlled and stabllized overflow. · Energy dissipation devices must be installed where the trenches and pump hoses discharge to areas with exposed soils. This may not be necessary if pump hoses are discharged to a stable, vegetated area. Silt fence alone is not adequate for this purpose. 4. Show the location ofthc proposed rock construction entrance on the plan. Limit egress to this one location. S. Seed pond edges with a native wet prairie seed mix, such as MnlDOT spec 25A. 6. Show type of energy dissipation devices at all storm sewer outlets, including outlets from temporary sediment basins. 7. Include temporary and permanent seeding, mulching, and fertilization specifications on the plan. 8. The current note regarding stabilization timing should be amended to include the foHowing NPDES Gener.!l Stormwater Permit requirement: the applicant must stabilize all exposed soil areas \\oithin 100 feet of a water of the state or any stormwatcr conveyance system which is connected to a warer of the Slate must be stabilized within 7 days (steeper than 3:1 slopes), 14 days (10:1 to 3:1 slopes), or 21 days (flatter than 10:1). This includes areas within 100 feet from all storm sewer inlets. Also add notes regarding specific NPDES permit requirements on the plan, including inspection, stabilization. and maintenance timing. 9. Install silt fence, a double row of sod, or alternative device behind curbs and the downslope gradient between lots to minimize runoff from lots during building construction. Thanlc you for the opportunity to review this plan. Good implementation, consist~nt monitoring, and maintenance of all erosion control measures are important to minimize erosion on this construction site. Because the project dLrturbs more than 5 acres, the applicant must apply for a MPCA General Stormwater Permit at least two days prior to initialing construction. If you have any questions please contact me at (651) 480-7779. ~Q~ ~~ - . Urban Conservationist cc: Lee Ms.nn, City of Farmington Jason Moeckel, MDNR Steve Juenen, Astra-Genstar Part., 11 000 West 78th Street, Suite 20 I, Eden Prairie, MN 55344 TOTAL P.03 APPLICATION FOR PLAT REVIEW DATE: November 14,2000 PLAT NAME: CHARLESWOOD 5th ADDITION LOCATION: East of Charles wood 4th Addition (see attached plans) AREA BOUNDED BY: Charleswood 4th Addition to the west, wetlands to the north, created wetland to the south and Pilot Knob Road to the East. TOTAL GROSS AREA: 21.10 acres ZONING DISTRICT: R-3 Planned Unit Development NAMES AND ADDRESS OF ALL OWNERS: Astra Genstar Partnership, L.L.P" 11000 West 78th Street, Suite 201, Eden Prairie, Minnesota 55344, PHONE: (952) 942-7844 NAME & ADDRESS OF LAND SURVEYORlENGINEER: 7599 Anagram Drive, Eden Prairie, Minnesota 55344, Westwood Professional Services, NAMES & ADDRESS OF ALL ADJOINING PROPERTY OWNERS A V AILABLE FROM: See attached list. PLAT REVIEW OPTION: Preliminary and Final Plat PRELIMINARY & FINAL TOGETHER: Yes IN SEQUENCE: PRE AND FINAL PLAT ADMIN. FEE: PRE PLAT SURETY: I HEREBY CERTIFY THAT I AM (WE ARE) THE FEE OWNER(S) OF THE ABOVE LAND, THAT THE PERSON PERPARING THE PLAT HAS RECEIVED A COpy OF TITLE 11, CHAPTERS 1 THRU 5, ENTITLED "SUBDIVISIONS" AND TITLE 10, CHAPTERS 1 THRU 12 ENTITLED "ZONING" OF THE FARMINGTON CITY CODE AND WILL PREPARE THE PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED THEREIN. S~~ER //- Z. 7-t)o DATE ADVISORY MEETING: 1. SKETCH PLAN 2. STAFF AND DEVELOPER CONSENSUS Property Location Map ];! r 0 -l Z 0 :;0 CJ () (j) ~ w -" 0 - "'v - \"./ \ r F'... I ; .~~~i:,,:.. '<~,\ \...', I. \....., '~;:~" , ""',, ". "". "- " " "" '\ ,\("'~ I \r"~ II r, Il) -i:->.. ~-r l ^ \ v' I. ~I' ~: i!i ~ '~ i J( .~ ~ z " ~ , i i. I:: 1\;_ '. ~"""" \ .~" V " " i ~ ~ 1 )1 ~ ,J '1 r1 .i I .I /. ! s::l ~~~~.E..; ~.;I-... -, i~ W 1\\\ 1\\1 ,~lll ill I Ih . :j: '1 ." ." 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Lee Smick, AICP Planning Coordinator Consider a Resolution - Revised Middle Creek 2nd Addition Final Plat TO: FROM: DATE: March 5, 2001 INTRODUCTION D R Horton and Arcon Development Inc. recently received final plat approval from the City Council on February 5, 2001 for 66 townhome units on one block and platted one outlot within the Middle Creek 2nd Addition (see attached). The plat is located directly east of Pilot Knob Road. DISCUSSION The Developers have determined that they would like to amend the plat from the Common Interest Community (C.LC.) format to platting each building as a lot. In the C.Le. type format, each unit is platted separately, thereby requiring each unit to have separate utility hookups. In a standard plat (see plat dated February 26,2001), the entire building is platted as one lot and one common service for each utility is stubbed to the building. Other developments in the City that have done C.LC. type formats include Glenview and Bristol Square Townhomes. Standard platting has been performed in Tamarack Ridge in the Centex Development and Vermillion Grove in the Villa product, The City does not require a particular platting style at this time, however, staff may raise this issue during the Zoning and Subdivision Code Update process with the Hoisington Koegler Group. The amended plat shows Lot I through 8 in Block I as the buildings and Lot 9 as the common area surrounding the buildings. ACTION REOUESTED Adopt resolution approving the revised Middle Creek 2nd Addition Final Plat contingent on the execution of a Development Contract. :;;?~ Lee Smick, AICP Planning Coordinator cc: D R Horton, Don Patton Arcon Development, Larry Frank RESOLUTION NO. APPROVING REVISED FINAL PLAT AND AUTHORIZING SIGNING OF REVISED FINAL PLAT MIDDLE CREEK 2nd ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of March, 2001 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, a Final Plat of Middle Creek 2nd Addition was approved by the Planning Commission on the 9th of January, 2001 and the City Council on the 5th of February, 2001, and WHEREAS, the Developer requested a revision be made to the approved Final Plat of Middle Creek 2nd Addition, and WHEREAS, an application meeting City requirements has been filed seeking fmal plat review and approval of Middle Creek; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the revised fmal plat at its meeting held on the 26th day of February, 2001; and WHEREAS; the City Council reviewed the revised fmal plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above revised fmal plat be approved and that the requisite signatures are authorized and directed to be affixed to the revised fmal plat with the following conditions: 1. The Revised 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. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5thday of March, 2001. Mayor Attested to the _ day of March, 2001. City Administrator z o I- o o <( o Z N ~ W W n:: () w -1 o o ~ , ,- ~c ~: 'j, L,_ () t- ,L ,~ " C2 , \..\.) "83'53' 44"E 183,20 I , I i i , i , I ! ~ i ~ , ~ i II~ , ~d , ~" ; ~ h ~ i z c Jfl. ~ # -~ -~ ~ "'l!. '.. ~ ~ o ~ l" .. !' ~ z !-- , \.'> ~:. <-> <-> / ~~ 'a:>llou lno U01SIMj Ol 4l!M . . pafqns A~VNlrm3~d :]tON :~m o ;!; ~ o '" ! il E I I ~ ~!ii l! N li~ (j l'; ~j. ~ IL : ti~ ~I ~ 3~!ii {~~ ~i! ~~ i5 ~ i!i " ~ I! ~ If! ~ ~ N i!i G 1:1 l!5 . ~? ,.~ ~i l!5l!5 'll.. ::JZ ;~ ~; i!i~ ~; ~9 I~ ..i . :___n"~ ~_ i" : "I nl l': I :..' I I.': W I _, I o,J">. I l> I "l" oS' '" l-n_n- ! : d ! ", T--,_nJ ~lli ,I.' IO!' IF ~i I .t. 01' '~I 'on ,.:' I~" I .. I "'~l ~ '=<: J' l:i ~._1lI ~ . ~. ~ II .. I!~ ~~~~~ i~~~~" ~15w~~~S 1~~i~Q~ i9J: ..,:~ffi I~~~.<; ~o~!L...;;;i i!~~i!;~.Q!!! Vl5ww~zB i~li~~~ ~Io! iIi~lI!" ~a~Q~~!'J zcn.i~i! Ii ! I I' J! J ~ ~ ~~ ~~ ~ ~~ ~~ ! i z o r o o <( o Z N ~ W w n::: o \ w -..J o o ~ '" .. ~ J>J ~ I"') ~ p p g z \}? c) c) , / .~ .~~ '~'6. 4~$ \--,--, NB3"S3'44"E 183.20 /', ,/ ", .'f~~y $/ tdl{)"d'!>O'l '7 " t- ._ " ~ t11l:O.~r~O.L ~;f![J ,,'" "",.~, ~ . = ~ .. ,,0 " ~ ~ _. ..: "'" ~ "'ii~ .":01 "." ~,~~ . . ~ ., 0 ; ._.J ;1 ~kf """ '.",'.'" " :<[' "."]".."."'.~.... i !> ('of 0; CD I ~ . ~ ! ~S-l~~_~I:~ U~.lo.W\/S '" ! >"'0'1"" "] l - !i -) )~ ! 99 6~ J.tl.9>.'ll1S , I I I I I I * I I I ,..,,~f> ~! <( ::: " (5 f- u ij':::: I I I I I ~ : ~ : I I I I I I I I I I I I I I I I I I I I I I I I I I I I : " L.J C') C') LIJ 'n' rt) ~~ I <( " I ,~ ~ C I -' ~'5 I t,:: I " ::::.:::: ~? ~J~ I <( I~? I )1' ~:2 ~1 Ijjt c) ~~ I ~ ,- II ,! : /1/ ~j I ~) I ~ .. '/\./ r/ '/ !I I /,:::::,,;;~,;:::>~mnm I ''<','',~" ~~ ,,~ ~~ .: ~o~j (I ~- ~~ ~/ ~ i \.( .! . 1 fl ~. ~ :~.. r-) ~ o ~ ~ o w ~ m ~ I ~ ~ ~ .~~ ~:;:, ~ ~aJ ~ a 3~ ~~ : ~~ ~~ ::. z'ci irS e fr?~ ~g g ~~ ~~ ~ ~~ 1 0::; ~ . 0 I :---~~~~-- I' ",'" I ul g <':,' I v:;,"ic i ~ I ! :., i'--' I I~' l=' Lt~~ d l'i J i ~ ~ ~ ! il S oi ~ ~ ~~ ~ 0 !",'" \0- ~i~ ;~I 't t'ij ~::l~ ~li tj~ N Z o " u l'; ":::-;t' .~ z~ ~~ ~~ ~o ~~ ...0' ~ . ~~ ~. I'~ 5 ~ ~r:? .0 i~ ;~ , .. --I' ;i~ ~ <=0 , ",' , .U ~:. I :9 \':'" 0 ~j ~ ~ ~o~~~ ~i::~~ ~i:H~~ ~g~~~~5 g~~~~~~ ~~~:;~~ ~w:::!!1%l _101 ;~~~3S~ ~~~~~~~ ~~~c;s:~~ zV!<(il:5&;; II q !i ,! .! ~ ~ ~ \( ~ ~ ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /Oe TO: Mayor, Councilmembers, City Administrator1?t FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - Tamarack Ridge 2nd Addition Development Contract DATE: March 5, 2001 INTRODUCTION The Development Contract for Tamarack Ridge 2nd Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for Tamarack Ridge 2nd Addition was approved by the Planning Commission on December 12,2000 and by the City Council on January 2, 2001. The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement. c) The developer will be responsible for the construction of 209th Street between Trunk Highway 3 and Cantata Avenue in accordance with plans and specifications approved by the City, The improvements to 209th Street include water main construction. The construction of 209th Street will be completed by December 1 S\ 2001. The Developer will post a surety for said improvements by April 1 S\ 2001. The developer will be reimbursed by the City for the 209th Street improvement costs apportioned to the residents along the south side of 209th Street. d) The developer will be responsible for the construction of Cantata Avenue and 20gth Street between Cantata A venue and Cambodia Avenue in accordance with plans and specifications approved by the City. The construction of Cantata Avenue and 20gth Street will be completed by December 1 S\ 2001. The Developer will post a surety for said improvements by April 1 S\ 2001. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached resolution approving the execution of the Tamarack Ridge 2nd Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully submitted, ~ f7/( fr1~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. - 01 APPROVING DEVELOPMENT CONTRACT TAMARACK RIDGE 2nd ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 5th day of March, 2001 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R37-00, the City Council approved the Preliminary Plat of Tamarack Ridge. WHEREAS, pursuant to Resolution No. R04-01, the City Council approved the Final Plat of Tamarack Ridge 2nd Addition subject to the following conditions: 1. The developer label outlots I and J as platted in Tamarack Ridge and clearly label the adjoining areas on the final plat of Tamarack Ridge 2nd Addition; 2. 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. c) The developer will be responsible for the construction of 209th Street between Trunk Highway 3 and Cantata Avenue in accordance with plans and specifications approved by the City. The improvements to 209th Street include water main construction. The construction of 209th Street will be completed by December 1St, 2001. The Developer will post a surety for said improvements by April 1st, 2001. The developer will be reimbursed by the City for the 209th Street improvement costs apportioned to the residents along the south side of 209th Street. d) The developer will be responsible for the construction of Cantata Avenue and 20Sth Street between Cantata Avenue and Cambodia Avenue in accordance with plans and specifications approved by the City. The construction of Cantata Avenue and 20Sth Street will be completed by December 1St, 2001. The Developer will post a surety for said improvements by April 1 Sl, 2001. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th dav of March. 2001. Attested to this _ day of SEAL , 2001. Gerald Ristow, Mayor John F. Erar, City Administrator DRAFT DEVELOPMENT CONTRACT AGREEMENT dated this 5th day of March, 2001, by and between the City ofFarmington, a Minnesota municipal corporation (CITY) and Rock Cliff Development, LLC, a Minnesota limited liability company (DEVELOPER), 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for TAMARACK RIDGE 2ND ADDITION (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: OUTLOT H, TAMARACK RIDGE, according to the recorded plat thereof, Dakota County, Minnesota. 2. Conditions of Approval. The City hereby approves the plat on the condition 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 will be responsible for the construction of 209th Street between Trunk Highway 3 and Cantata Avenue in accordance with plans and specifications approved by the City. The improvements to 209th Street includes water main construction. The construction of 209th Street will be completed by December 1'\ 2001. The Developer will post a surety for said improvements by April 1 st, 2001. The developer will be reimbursed by the City for the 209th Street improvement costs apportioned to the residents along the south side of 209th Street. d) The Developer will be responsible for the construction of Cantata A venue and 20gth Street between Cantata A venue and Cambodia Avenue in accordance with plans and specifications approved by the City. The construction of Cantata Avenue and 20gth Street will be completed by December 1'\ 2001. The Developer will post a surety for said improvements by April 1", 2001. 3. Development Plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - ZoninglDevelopment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications 1 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. 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zoninl!/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f, Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. Time of Performance. The Developer shall install all required public improvements by November 1,2001, 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. 2 8. Ownership ofImprovements. 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 fmal 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. 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 $ 749 based upon the number of acres in the plat. 12. Landscapine. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. 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 wall 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. 3 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 fmal 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 fmal 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 $ 70,562 in lieu ofthe property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429,081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 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 $ 29,104 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 22,860 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge of$ 22,475 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property, The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 4 20. Park Dedication. The Developer is responsible for a park dedication fee of $ 51,239 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $18,757 is carried over from the development contract for Tamarack Ridge. The net result is that the park dedication fee to be paid with this plat is $32,482. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 2,745 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 1,350 based upon the number of lots within the subdivision. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 311,491. 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: GradinglErosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $0 $0 $0 $0 $179,750 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 11,250 $ 12,500 $ 27,500 $ 22,000 $0 Two Years Principal and Interest on Assessments $ 58,491 This breakdown is for historical reference; it is not a restriction on the use of the security. 5 27. Responsibilitv 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. E. The Developer shall payor cause to be paid when due, and in any event before all penalties attach, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more of the lots, the entire plat, or any part thereof. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 31. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. 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. 6 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 fmal 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 foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them, Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. 1. The Developer shall obtain a Wetlands Compliance Certificate from the City. 7 K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24 hour basis such as dewatering, etc. Any 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 defmed in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 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: Jim Ostenson James Development Company 7808 Creekridge Circle, Suite 310 Bloomington, 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: John F, Erar, City Administrator City of Fannington 325 Oak Street Fannington, MN 55024 8 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: John F. Erar, City Administrator DEVELOPER: Rock Cliff Development LLC, By: Its: Chief Manager Craig A very 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 , 19_ by Gerald Ristow, Mayor, and by John F. Erar, 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 ,19 by , the corporation under the laws of Minnesota, on behalf of the corporation. of , a Notary Public 10 /Of City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers, City Administrato~ot- FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Ash Street Project Communication - Castle Rock Town Board DATE: March 5, 2001 INTRODUCTION Attached is a letter from Castle Rock Township's engineer summarizing the Township's position on cost sharing in regards to the Ash Street project. DISCUSSION The attached communication contains the following points relative to the Township's participation in the costs for the improvements identified for the Ash Street project: Storm Water Ponding Pond 8 is the "destination" pond for all the runoff from the identified Ash Street project areas. It is proposed that each area tributary to Pond 8, participate in the cost of Pond 8, based on the additional storage needed due to adding the area to the system. The baseline size of Pond 8 would be related to the storage required for the area surrounding Pond 8 that is directly tributary. Furthermore, each tributary area would pay their share of the costs if and when the area connects to the system and the pond is expanded to accommodate the increase in flows. Storm Sewer Piping in Ash Street It is proposed that areas west of the railroad tracks and the Fairboard area participate in the costs of the storm sewer pipe in Ash Street only to the extent that pipe needs to be upsized from the size necessary to serve the areas directly tributary to Ash Street. Water and Sanitary Sewer The Town Board recognizes that properties served by City water or sewer need to be annexed into the City. Cost and benefit is an issue between the City and those property owners that desire services and should be addressed in the annexation agreement. Financing The Town Board is willing to enter into an agreement with the City for the payment of the Town Board's costs if the City bonds for the improvements. In addition, the Town Board requests that the City provide appraisal information in the final report regarding benefit to the subject Township properties as related to the services and improvements proposed. ACTION REOUESTED For information only. Engineering staff will be meeting with the Township's engineer to review the Township's proposal and determine the cost implications involved, as well as complete the draft report for review by both agencies. Respectfully submitted, XYJ1~ Lee M, Mann, P.E., Director of Public Works/City Engineer cc: file Castle Rock Town Board Mike Foertsch, SEH 02121/01 16: 06 'a'952 912 2601 SEH ASSOC l4J 0021003 ~SeJ MEMORANDUM 10901 Red Circle Drive, Suits 200, Mlnnetonka, MN 55343-9301 952.912.2500 800.134.6757 952.912.2601 FAX TO: Lee Mann FROM: f February 21, 2001 Mike Foertsch DATE: RE: Castle Rock Town Board Position on Ash Street Improvements Cost Sharing SEH No. A-CASTLOOOl.OO As we discussed on Friday, February 2, 2001, the following infomlation summarizes the Town Board's position on cost sharing for the proposed Ash Street improvements: Storm Water Ponding: TIle storm sewer is basically divided into two sections, piping in Ash Street and the ponding area east ofTH 3. In our first attempt we made at dividing the costs for the ponding and pipes we used an area calculation and a run-off factor to divide the cost based on areas. In reviewing these ~ assumptions further, they did not provide the proper credit for the areas' which were providing ponding on their property. As a result, we have reviewed the ponding requirements from a ponding volume standpoint. At a previous joint meeting with the Town Board and Fannington City Council, they directed the detennination of a minimum project necessary to construct Ash Street. This determination was made resulting in a single ponding area requirement which we have designated as Pond 8 in all previous correspondence and material presented to date. The minimum project was used as the baseline for determination of ponding requirements for Pond 8. The increase in ponding volume required for Pond 8 was calculated for each area added to the system. The storage requirements each additional area added to the system are as shown in the attached Table 1. You will note the minimum storage volume required for the Ash Street system is 18.5 Ac-it of storage. This 18.5 ac-ft of storage assumes the existing condition for the area surrounding Pond 8. The Town Board proposes each area tributary to Pond 8 is responsible for their respective share of the costs for Pond 8 based on the incremental increase in storage volume required as they contribute storm water to the system. The properties would pay their share of the costs when they contribute to the system. Storm Sewer Pipine: - Ash Street to Pond 8: The Town Board proposes the City calculate the minimum storm sewer system necessary to provide adequate storm sewer for the reconstmction of Ash Street. As the areas west of the RR Shill! Elltort Hendt1ckson InCo Your TruGl8d Resource Equ31 OpponunlIY Employet 02/21/01 16:06 -a'952 912 2601 SEH ASSOC I4J 003/003 Castle Rock Town Board Position February 21, 2001 Page 2 tracks and potentially the Fairgrounds are added to the system, the incremental increase in the storm sewer piping size is the responsible of the areas causing the increase in pipe size. The Town Board proposes there may be sufficient capacity in the storm sewer piping as required for Ash Street and the surrounding tributary City properties to accommodate the minimal flows from the previously described areas. TIle Town Board reserves the right to review the calculations of the City to make this determination, subject to City oonfirmation ofthe information. Water Supply: The Town Board recognizes the requirements of the City of Farmington for properties which are served by the City's municipal water supply, be within the corporate boundaries of the City. The Town Board supports this end if the property owners along Ash Street desire the municipal water supply. The question of cost and benefit becomes a City issue with the property owners. This issue is best addressed in the annexation agreement between the City and Town Board. The Town Board position on tbe installation of municipal water supply to the commercial property east of TH 3 is similar to the residential property west of TH3. The location of the water line is still lmresolved. If the commercial property in this location does not desire the availability of the municipal water supply, the Town Board is not in the position to require the installation, The Town Board will assist the City in acquisition of the necessary easements to construct the City facility in Town Board property at no cost to the Town Board. In the future, if the property owners desire the connection to the City system, the negotiations for the connection and the related cost would be the responsibility of the City and property owner, SanitarY Sewer: The Town Board position on sanitary sewer installation is the same as the water supply, Financin,g The Town Board recognizes the offer by the City to bond for the improvements in total and enter into an agreement with the City for payment of the Town Board's costs. The Town Board is requesting the City provide documentation of the benefit received for the improvements as a part of the preliminary report preparation. The To~n Board reserves the right to retain the services of an appraiser if they should choose to at a later date, c: Kenny Betzold h :\ai'''; I\projcCl.~'C8.'lt1 e rock\lc:em;mnmcmo.doe City of Farmington 325 Oak Street, Farmington,. MN .55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmineton.mn.us TO: Mayor & Councilmembers FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda DATE: March 5, 2001 ./\ It is requested that the March 5, 2091 agenda be amended as follows: <' UNFINISHED BUSINESS 11 (a> Consider 19Stb Street Project FundingITurnback Settlement ~..tWitl! Dakota County - Administration . The City and Dakota County have reached a tentative agreement concctDiD&the revocation of Akin. Road and associated project funding. . Respectfully submitted, ohn Erar City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.lls / I fl TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Consider 195th Street Project FundingITurnback Settlement Agreement with Dakota County DATE: March 5, 2001 INTRODUCTION The City and Dakota County have reached a tentative agreement concerning the revocation of Akin Road and associated project funding. DISCUSSION With respect to concerns associated with structuring an agreement that would allow both parties the opportunity to address related project financing issues. The agreement provides for the County to commit project funding in the amount of $267,000 to the future construction of195th Street, while allowing the City Council the discretion to designate these same funds to public improvement costs associated with the turnback of Akin Road. In principle, this agreement accomplishes a number of important Council policy objectives. In particular, it brings final closure to the revocation of Akin Road in terms of County financial participation and brings recognition to the City's future plans to ultimately extend 195th Street to the east from Akin Road to State Highway 3. Most importantly, Dakota County has also agreed to fund the final segment of 195th Street from the point at which the first segment is determined to end to where it will ultimately connect with STH 3. In terms of project funding, the County consistent with its Highway Transportation Policies will underwrite funding of this final segment of 195th Street, which would include the railway overpass. The scheduling of this final segment will depend upon a number of factors including the rate of development along this future corridor, County and City capital improvem~nt scheduling and funding time frames, and overall City and County transportation planning considerations. BUDGET IMPACT The designation of County project funding to the Akin Road Turnback improvements would reduce City-related project costs ACTION REOUESTED The following actions are requested for Council consideration: 1) The approval of the Agreement for the Resolution of Project Funding for 195th Street and the Tumback of Akin Road. 2) A Council motion designating the application of County project funding in the amount of $267,000 to the Akin Road Tumback Project. Respectfully submitted, :! :"i file . MAR. 2. 200 I 1: 32PM NO. 4225 P. 2/5 AGREEMENT FOR THE RESOLUTION OF PROJECT FUNDING FOR 195TH STREET AND THE TURNBACK OF AKIN ROAD IN FARMINGTON TIllS AGREEMENT is made and entered into by Dakota County ("County") and the City of Farmington ("Farmington" or "City") and acknowledges the following terms and conditions: 1. Farmington is preparing plans and specifications for construction of 195th Street from its intersection with Akin Road to a point as determined by the City Engine.er, with construction planned to occur in calendar year 200 I. 2. County recognizes the potential of 195th Street to serve as an east-west arterial road which could be incorporated into the County's highway system as shown in the County's 2020 Transportation Plan. 3. County is willing to assist Farmington financially in the development of 195th Street in consideration for which F annington will design, build and maintain the street in a manner which will preserve the ability of the street to meet future County highway needs. NOW, THEREFORE, the parties agree as follows: 1. Upon final execution of this Agreement by the proper officials for both parties, County will pay to Farmington the swn of $267,000.00 for the 195th Street project area. The City reserves the right to apply such proceeds in a manner prescribed and approved by its governing body towards public improvement costs on Akin Road. 2. Farmington will be solely responsible for canying out all actions necessary to acquire needed right of way and to plan for and complete construction of the street in a manner which will meet County State Aid Highway standards as promulgated by the Minnesota Department of Transportation (MnDOT). , MAR. 2.2001 1:32PM NO. 4225 p, 3/5 3. Farmington will acquire a right-of-way corridor at least 120 feet wide for 195th Street If Fannington desires 195th Street to be a four-lane divided highway in the future, the right-of-way corridor must be 150 feet wide. 4, Farmington agrees that in the planning, construction and administration of 195th Street, it will provide access to properties which abut 195th Street in a manner consistent with the Dakota County Access Spacing Guidelines. 5. Farmington agrees that it will transfer jurisdiction and maintenance responsibilities for 195th Street over to County at such time as County determines it is appropriate to incorporate this segment of road into the County highway system. At that time Fanningron will take all actions necessary to remove MSAS designation on the street so that it may be reclassified as a CSAH. 6. County will participate in construction of the final extension of 195th Street to Minnesota Trunk Highway 3 in accordance with Dakota County Transportation Plan policies. The final extension project will be the subject of a separate, written agreement between the necessary parties when the project is being planned and designed. 7. Fannington acknowledges and agrees that County participation in this 195th Street project shall serve to release County from any claims which have or could be raised by Farmington as to the jurisdiction, maintenance and responsibility for that portion of Akin Road between 190th Street and Dakota County State Aid Highway 50, The City of Fannington acknowledges that it has jurisdiction over and is solely responsible for maintenance and repair of that road segment. 8. The City agrees to defend, indemnify, and hold the County harmless against any and all claims, liability, loss, damage, or expense arising l.Ulder the provisions of this Agreement caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents, consultants or contractors, who are responsible for the design, construction and maintenance of the road, subject to the limitations of Minnesota Statutes Chapter 466. 2 . MAR, 2. 200 I I: 33PM NO. 4225 P. 4/5 9. No person engaged in the work to be perfonned by the City shall be considered an employee of the County. Any claims that arise under the Worker's Compensation Act of this State on behalf of any City employee, while so engaged on any of the work called for in this Agreement shall not be the obligation or responsibility ofthe County. 10. Pursuant to Minnesota Statutes ~ 16B.06, subel. 4, any books, records, documents and accounting procedures and practices of the City and the County relevant to this Agreement are subject to examination by the County and either the Legislative Auditor or the State Auditor as appropriate. The City and the County agree to maintain these records for a period of three years from the date of performance of all services covered under this Agreement. 11. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding jurisdiction and control over both 195th Street and Akin Road, whether written or oral, IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF FARMINGTON RECOMMENDED FOR APPROVAL: City Engineer By Mayor APPROVED AS TO FORM: (SEAL) City Attorney By City Clerk Date 3 ~ MAR. 2, 200 I I: 33PM RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION NO, Date MD/C99.334 agreement 195th st NO. 4225 P. 5/5 DAKOTA COUNTY APPROVED AS TO EXECUTION: County Attorney By Physical Development Director Date 4 2020 Thoroughfare Plan 195th Street W. Transportation Corridor 11_1l~ lei = ~~:~I~I~I~I~~:::~~ I 111111'1"11111 I \~~ ~i:4r1~~ --LWilllJ ' ~ ~ m~'? 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Legend ~ Existing Minor Arterial ~ Future Minor Arterial ~ Existing Collector Z" ' Future Collector /\/ Existing Minor Collector 1'1 Future Minor Collector ,,,' Future Roadway '('v'~' C~ty Boundary City Parcel Map \ I ij L - ~IT //4111 r \ I flEIlIfIJilij ~ I N W*E S .~ II,' ~, ~ J ~ ~ ~S"A pf!1j~\+ 0.25 I o Scale 0.25 0.5 Miles I City at Farmington Ptanning DMsion. 2JgQ lib City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers, City Administrator1tt: Brenda Wendlandt, Human Resources Coordinator FROM: SUBJECT: Consider Executive Recruitment Options - Administration DATE: March 5, 2001 INTRODUCTION The purpose of this memorandum is to provide information regarding the executive recruitment options available for the recruitment of a new City Administrator. DISCUSSION During the Council meeting of February 20, 2001, the City Council 'asked staff to provide Council with information regarding the pros and cons of three recruitment processes. Per the City Attorney, any of the three options outlined in the following paragraphs are viable. The first option is to forgo an external search process and interview any internal candidates who have expressed interest in the position. The advantages. of this option are that the cost for this recruitment process would be minimal and it promotes staff development by offering opportunities for internal promotion. Also, time commitment by Council would be minimal. The disadvantage is there is no other candidate in which to compare the qualifications. Additionally, without comparisons, the validity of the search process and candidate qualifications could come into question at a later date especially when unpopular decisions are made. Option two is to utilize City staff in the recruitment procesS (Le. placing advertisements, collecting applications, etc). The advantage of this option is Council would have control over the entire process. They would have the opportunity to screen all candidates to determine who best meets their criteria and would use that criteria to invite candidates in for an interview. They could also designate staff to screen applicants based on the minimum qualifications established by Council. This process has costs associated with it, however, it would be less expensive than utilizing an executive recruitment firm. Additional drawbacks include the additional time required of Council members for the recruitment process and Council would need to monitor staff involvement to ensure that the process isn't biased. This option would be the most time consuming for Council. Finally, the third option is to utilize an executive search firm to implement the process. With this option, experts in executive recruiting would be hired to recruit candidates and narrow the applicant pool based on the criteria set by Council. Staff involvement would be minimized and would eliminate the perception that City staff influenced the final outcome. However, this is the most costly option with estimated costs at approximately 18 to 20% of gross salary. One criticism of executive recruitment has been that they retain an applicant database and it could be construed that the executive recruiter could bias the process by bringing forth preferred candidates from that database. This can be mitigated with clear direction and involvement from Council in terms of stipulating that a larger pool of semi-finalists be provided for final interview selection. This option would require a time commitment by Council, however, it is less time consuming than the second option. ACTION REOUESTED For information only. Council direction relative to the preferred recruitment option is requested. Respectfully submitted, jJd~kd Brenda Wendlandt, SPHR Human Resources Coordinator