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HomeMy WebLinkAbout10.02.00 Council Packet COUNCIL MEETING REGULAR October 2, 2000 6:30 p.m. Exhibition of New City Equipment 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS a) Staff Introduction - Parks and Recreation b) Habitat for Humanity Presentation 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (9/18/00) (Regular) b) Appointment Recommendation - Police Department c) Capital Outlay - Finance Department d) Consider Resolution - Accepting Donation - Senior Center e) Consider Resolution - Approving Submittal of Application for Landfill Abatement Funds from Dakota County t) Consider Resolution - Appointing Election Judges g) Consider Resolutions - Private Development Project Closeouts h) Approve Bills 8. PUBLIC HEARINGS a) Consider Resolution - 2000 Sealcoat Project Assessment Hearing b) Consider Resolution - County Road 72 Project Assessment Hearing c) Consider Resolution - Levy Certification Rate Increase Hearing 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Developer Request - Building Permit Issuance Policy b) Consider MUSA Postponement Policy and Criteria c) Consider Resolution - Tamarack Ridge - Farmington Family Townhomes Development Contract d) Consider Communication - Representative Ozment e) Confirm Council Workshop Date - Ash Street Project t) Acknowledge Resignation - Water Board 11. UNFINISHED BUSINESS Action Taken Introduced Information Received Approved Approved Information Received R74-00 R75-00 R76-00 R77, 78. 79.80,81.82. 83. 84-00 Approved R85-OO R86-00 R87-00 Decision Tabled R8IJ.,()() R89-00 Set Mee~Date October 18, 2000 Aclcnowledged- . Appointed Tom Jensen 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN ~ COUNCIL MINUTES REGULAR September 18, 2000 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 Acting City Attorney Brokl, Acting City Administrator Olson, City Management Team 4. APPROVE AGENDA MOTION by Strachan, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Staff Introduction - Police Department Sergeant James Murphy was introduced to Council. The Council ratified his appointment to the position of Sergeant September 5, 2000. 6. CITIZEN COMMENTS 7. CONSENT AGENDA Item 7a was pulled as Councilmembers Cordes and Verch were absent from the 8/29/00 and 8/30/00 Council Workshops. MOTION by Soderberg, second by Cordes approving Council Minutes (9/5/00) (Regular). APIF, MOTION CARRIED. MOTION by Soderberg, second by Strachan approving Council Minutes (8/29/00 and 8/30/00) (Special). Voting for: Ristow, Soderberg, Strachan. Abstain: Cordes, Verch. MOTION CARRIED. MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: b) Adopted ORDINANCE 000-453 Establishing Absentee Ballot Board c) Adopted RESOLUTION R73-00 Accepting Donation - Senior Center d) Approved Contractor Request - Recycling Service e) Received Information School and Conference - Administration Department t) Received Information School and Conference - Fire Department g) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) September 18, 2000 Page 2 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) ISD 192 Notice of Intent - Donnelly Property Ag Preserve Status The Fannington School District has entered into an agreement to purchase 60 acres from Robert and Karen and Brian Donnelly between 190th and 19Sth Street adjacent to Troy Hills. The property is currently enrolled in the Ag Preserve Program. The School Board is seeking to have the parcel removed from Ag Preserve, as Ag Preserve does not allow for the property to be developed. According to Minnesota statutes, the Ag Preserve status can be removed through eminent domain. This process involves review and approval by the Minnesota Environmental Quality Board. Councilmember Soderberg questioned the phrase of eminent domain and if this was being used only to get the property out of Ag Preserve. Mr. Mark Beltz, ISD 192, stated this is a friendly eminent domain process as they have a purchase agreement but the land has to be taken by eminent domain. Lee Smick, Mike Schultz, and Dave Olson have been extremely helpful in the process. The state infonned Mr. Beltz the reason for Ag Preserve was to control growth. There will be a meeting with the EQB on September 21, 2000. b) Consider Hours of Operation Request - Liquor Establishments New Year's Eve Staff has received letters from three of the local licensed, on-sale liquor establishments requesting that the City authorize on-sale establishments to remain open and continue the sale of intoxicating beverages until 1 :00 a.m. on New Year's Eve, January 1,2001. December 31,2000 falls on a Sunday. It would be necessary for the City Council to amend the City Code to authorize such sales. An amendment has been prepared to very specifically allow on-sale service of intoxicating liquors between midnight and 1:00 a.m. on Monday, January 1,2001. In future years, only the year will need to be changed. MOTION by Cordes, second by Strachan adopting ORDINANCE 000-454 pennitting the sale of intoxicating liquors on Monday, January 1,2001 until 1 a.m. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Traffic Control Issues - 190th Street Intersection Councilmember Verch had inquired as to whether the easterly northbound lane on CSAH 31 at 190th Street could be designated as a right turn only lane. The County responded that the northbound lanes open up to two through lanes to help Council Minutes (Regular) September 18, 2000 Page 3 provide gaps in the traffic stream for all of the traffic using the intersection. A northbound right turn traffic movement is a minor movement and is somewhat a turn back to the same direction. The County stated it would be a mistake to designate this lane as a right-turn only lane. Councilmember Strachan: Farmington police officers did an outstanding job in an unfortunate incident to apprehend an armed robber. Council member Soderberg: A letter was received praising the police, fire, and ambulance in assisting a child who was having a seizure. Council member Verch: Dan McCarthy would like to be notified when anything regarding his property will be discussed at a Council Meeting. City Engineer Mann: StafIis proposing October 18,2000 as a workshop date to discuss the Ash Street project. The Mayor stated he also contacted Commissioner Harris and the Castle Rock Town Board will confirm the date at their meeting. Mayor Ristow: Pollution Prevention Day was held last Wednesday by Parks and Recreation, and Solid Waste. Fourth graders learned about ways to prevent pollution. He thanked Lena Larson and Renee Brekken for a good job. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 7:30 p.m. APIF, MOTIONCARRIED. Respectfully submitted, rk >>?~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7// TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Appointment Recommendation - Police Department DATE: October 2, 2000 INTRODUCTION The Police Department has recommended a change in hours for two administrative support staff. This proposed change includes a current full-time and part-time employee agreeing to an exchange of hours that would effectively result in a change of employment status with the full-time employee becoming part-time, and the part-time employee becoming full-time. DISCUSSION Ms. Toni Shefchik has been a full-time employee with the City Police Department since 1994 as a secretary/dispatcher. Due to reasons of a personal nature, Ms. Shefchik has indicated a desire for reduced hours. Ms. Sandra Pierce was hired in July 2000 as a regular part-time secretary/dispatcher in the Police Department and has indicated a desire for full-time hours. Ms. Pierce was initially hired as a part-time secretaryldispatcher due to her extensive work experience in police operations dispatching and is fully qualified to be considered for this same position as a full-time employee. As this proposed exchange of hours between the two employees would effectively result in the resignation of Ms. Shefchik and the appointment of Ms. Sandra Pierce as a full-time employee, Council will need to ratify the appointment of Ms. Pierce. Upon Council ratification of the full-time appointment, Ms. Shefchik will begin her employment as a part-time employee. BUDGET IMPACT None. RECOMMENDATION Appoint Ms. Sandra Pierce as a full-time SecretarylDispatcher in the Police Department, Administrative Division effective October 9,2000. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /6 FROM: Mayor, Councilmembers, City Administratorf~ Robin Roland, Finance Director TO: SUBJECT: DATE: Capital Outlay - Finance Department October 2,2000 INTRODUCTION Quotes have been received for an improvement to the rear entrance of the Downtown Liquor Store. DISCUSSION The rear parking lot and entrance to the Downtown Liquor Store has a significant problem with pending of water and subsequent ice buildup. This problem can be remedied by paving the area and appropriate sloping of the pavement for water runoff. The City has received four written quotes to do the paving project, with the lowest of these quotes from Daily & Son Blacktopping of Newport at $2,710. With engineering and inspection, the total cost of this improvement will be $3,441. Daily & Son will complete the project yet this year. BUDGET IMPACT The improvement was budgeted as a $3,500 expense in the 2000 Adopted Budget ACTION REQUIRED For Council's information. Respectfully submitted, /~~ Robin Roland Finance Director SUB\JA Y ]IU ELtvj 35' ST ~TURAL GAS I-1ETER AND BOLLARDS CONCRETE ~m DOOR APRON MILL TRANSITION JOINT (5' \v'IDE) 30' PROJECT LIMITS (! ~ --l -< o ""'l ""'l J> ;;0 3: - Z C1 --l o Z -0 ::J> 7J ^ V) t::::1 01 -0 ::J> 7J ....1 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7q/ TO: Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director FROM: SUBJECT: Adopt Resolution Accepting Donation - Senior Center DATE: October 2,.2000 INTRODUCTION A donation has been received at the Senior Center from Charles Schaeffer. DISCUSSION Charles Schaeffer has donated $100 to the Senior Center to be used as deemed necessary. Staffwill communicate the City's appreciation on behalf of the Council to Charles Schaeffer for his generous donation. ACTION REOUESTED Adopt the attached resolution accepting the donation of $100 to the Senior Center from Charles Schaeffer. Respectfully submitted, ~ ~fi-- James Bell Parks and Recreation Director RESOLUTION No. R -00 ACCEPTING DONATION OF $100 TO THE SENIOR CENTER 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 2nd day of October, 2000 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Charles Schaeffer has donated $100 to be used at the Senior Center; and, WHEREAS, it is in the best interest of the City to accept such donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of $1 00 from Charles Schaeffer to be used as deemed necessary. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the day of October, 2000. City Administrator SEAL City of Farmington 325 Oak Street, Farmington. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us le TO: Mayor, Councilmembers and City Administrato~~/ FROM: James Bell Parks and Recreation Director SUBJECT: Approving Submittal of an Application for Landfill Abatement Funds from Dakota County DATE: October 2,2000 INTRODUCTION Dakota County has provided landfill abatement funding assistance to communities in Dakota County since 1989. DISCUSSION Dakota County Board Resolution No. 88-651 states that the County's portion of funding of recycling implementation and operating costs incurred by cities and townships will be through performance based funding. Communities over 5,000 population are eligible to receive a $5,000 base per community plus $1.60 per household, based on 1999 household estimates. BUDGET IMPACT The year 2001 maximum reimbursement for Farmington is $11,277. RECOMMENDATION Approve the attached resolution approving submittal of a grant application to Dakota County. Respectfully Submitted, -L &J&- James Bell Parks and Recreation Director RESOLUTION NO. R -00 APPROVING AN APPLICATION FOR LANDFILL ABATEMENT FUNDING ASSISTANCE 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 2nd day of October, 2000 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, according to Dakota County Board Resolution No. 88-651, Dakota County presently provides funding assistance for landfill abatement activities based on performance based funding; and, WHEREAS, the City presently has an integrated resource recovery system of which curbside pickup of yard waste and recyc1ables are major components, and would be eligible for funding under the County program. NOW THEREFORE, BE IT RESOLVED that the application for Dakota County Landfill Abatement Funding Assistance, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and directed to execute and forward the application for Landfill Abatement Funding Assistance. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the day of ,2000. City Administrator SEAL ATTACHMENT A 2001 COMMUNITY LANDFILL ABATEMENT APPLICATION FOR BASE FUND Program: January 1. 2001 throuQh December 31. 2001 City/Township: Farminqton Population (1999): 11.533 Number of Households (1999): 4.243 $11.277 Date Submitted: October 2.2000 Amount of Funds Applied for: Address: 325 Oak Street. Farminqton. MN 55024 E-mail Addressllarson@ci.farminqton.mn.us Contact: Lena Larson Phone Number: 651-463-1610 Fax Number: 651-463-1611 Attach a copy of the Official Resolution/Proceedings (an official action from the governing body requesting the funding allocation or a certified copy of the official proceedings). SECTION I. DESCRIPTION OF PROGRAM FOR 2001 (Communities over 5,000 population) Provide a summary of proposed activities for 2001 in each of the following areas: A. Government Leadership Responsibilities Checklist - These activities apply to city in-house operations and facilities. Describe governmental leadership activities proposed for 2001 for each checked item on next page. Check Items Community must complete all (7 Points Each) ~ 1. Complete annual checklist of environmental leadership activities (new). ~ 2. Manage waste from its facilities as outlined in the Regional/Dakota County Solid Waste Master Plan. ~ 3. Ensure that recycling programs are established for facilities under its control (State law). Responsibilities for Improvement (choose one annually - 7 Points) * ~ . Increase the amount of products purchased that are made with post-consumer recycled materials. ~ . Incorporate sustainable building practices into the deconstruction, construction or remodeling of public facilities. D . Decrease the toxic/hazardous character and amount of chemicals used. D . Decrease the amount of waste and recyclables generated on a per employee basis. D . Initiate and expand a vermiculture program. D . Increase eco-printing techniques in community publications and documents on an ongoing basis. D . Increase the reduction, reuse or recycling opportunities of MSW generated from community facility operations. *The City of Farmington's Management Team will review these categories and this activity may be revised. Describe governmental leadership activities proposed for 2001 The City of Farmington will be constructing a Central Maintenance Facility in the near future and it is anticipated that green building techniques will be incorporated into the design and construction. Also, whenever possible, supplies made with recycled materials are purchased and utilized. B. Recycling Operations Check Items Community must complete all ~ l. Attain a level of residential waste stream recycling that supports a 50% recycling goal for the County. ~ 2. Assure recycling service in all multi-family buildings that includes all recyclables collected through the curbside collection program. Continue the curbside recycling of the following materials: newspaper, ~ 3. magazines, mixed mail, corrugated cardboard, steellaluminum cans, glass containers, and plastic containers with a neck. i. Curbside recvclinQ operations - Describe your community's curbside recycling operations. Communities are responsible for maintaining a Targeted Community Program that includes at least bi- weekly recyclable collection for single family and multi-family households using a recycling container. The Targeted Community Program requires collection of the following recyclables: newspaper, corrugated cardboard, residential office paper, magazines, cans (food & beverage), plastic container with a neck, and three colors of glass. The City of Farmington provides weekly pickup of the targeted community program materials. Boxboard and phone books are picked up curbside as well. Farmington also has a seasonal yard waste program that residents can subscribe to. The opportunity to recycle is available to all City multi-family buildings. Promotional materials and recycling totes are also avaialble to interested property owner/managers. ii. Drop - offs - List the operators, addresses, days/hours of operation, and materials collected at drop-off centers located in the community. The City of Farmington holds a Spring Clean Up Day annually. Materials accepted typically include; appliances, tires, electronics, bulk items and scrap metal. C. Solid Waste Education - Indicate on the checklist below your community's public educational/promotional activities proposed for 2001. For each item indicated in the following checklist, please describe the activity. Check Items Category A - Community must complete all ~ l. Produce and distribute one written communication piece to each household, including all new residents and multi-family buildings. ~ 2. Actively participate and contribute to monthly Local Solid Waste Staff meetings. ~ 3. Continue to evaluate the effectiveness of community activities (2002 and 2004 only). ~ 4. Support and promote Dakota County's integrated solid waste management program. Category B (Community must complete five activities) - (5 Points Each) ~ . Make presentation to city employees regarding a government leadership activity. D . Make presentation. D . Make presentation. D . Make presentation. D . Make presentation. ~ . Sponsor a community clean up event. D . Sponsor a community event for Earth Day (if attended by over 100 people - counts as two.) D . Sponsor a community event for America Recycles Day (if attended by over 100 people - counts as two). ~ . Sponsor a community event for Pollution Prevention Week (if attended by over 100 people - counts as two). D . Sponsor a community event for GEA's Source Reduction Campaign (if attended by over 100 people -counts as two). D . Sponsor a community event for other County-approved campaign (if attended by over 100 people - counts as two.) ~ . Produce a written communication distributed at least once per year to every household, including multi-family buildings. The piece was: D . Produce a written communication distributed at least once per year to every household, including multi-family buildings. The piece was: ~ . Distribute annual targeted public education topiclCountyldeveloped materials. Describe public educational/promotional activities proposed for 2001 The City's Waste Disposal Guide will be updated and available to all residents. Articles and information are placed in the City newsletter. Presentations are made on an as requested basis. D. Work Plan Provide a work plan for 2001 on an additional page (if needed) that lists the specific development objectives to be met and the indicated dates for completion. Promote Earth Day in April. Hold a Clean Up Day event in spring. Hold Pollution Prevention Day event in September, if appropriate. Include pertinent information (i.e. source reduction, recycling, yardwaste) in City newsletter bi-montly. Update Waste Disposal Guide. SECTION III. BUDGET - BASE FUND County Share Community Share* TOTAL Administrative Costs: 1 $6,152 I I $4,148 I I $10,300 I Direct Salaries Direct Mileage I $100 I I I 1$100 I Direct Membership/Training I I 1 I I I & Subscriptions Consultant Services and/or I 1 1 1 I I Temporary Help Software 1 I 1 I I I Other (List & Describe) 1 I I I I I Promotional Education: I $1,000 I I $1,000 I I $2,000 1 Printing Costs Distribution Costs 1$525 1 1 $525 1 1 $1,050 1 Advertisements I I I I I I Videos/Billboards I 1 1 1 I I Promotional Items 1 $1,500 I I $1,500 I I $3,000 I Special Events (Displays, 1 $2,000 I I $1,000 I I $3,000 1 Performance fees, Etc.) Other (List & Describe) I I 1 1 I 1 1 $ 8,173 I $ 19,450 TOTAL 1$ 11,277** 1$ $11,277 Amount of Base Fund Requested from County*** ** Communities may list program contribution in this column (community contributions are not required). Unexpended 2001 Base Fund amounts may not be carried over to 2002. Base Fund Request may not exceed that amount shown on page 2. *** ATTACHMENT B 2001 COMMUNITY LANDFILL ABATEMENT APPLICATION FOR CONTAINER FUND (OPTIONAL) Program Period: January 1, 2001 through December 31, 2001 CitylTownship: Farmington Population (1999): 11,533 Number of Households (1999): 4,243 Date Submitted: October 2, 2000 Contact: Lena Larson Phone Number: 651-463-1610 Fax Number: 651-463-1611 Address: 325 Oak Street, Farmington, MN 55024 E-Mail Address:llarson@ci.farmington.mn.us Approval of City Administrator or Manager I. Number of containers required in 2001 Single Family 600 Multi-family 100 II. Delivery Location - List address for container delivery 710 First Street, Farmington, MN III. Distribution Method - Indicate the distribution method for the containers Note: Multi-family apartment containers are provided only upon agreement between building owners or managers and the City. Communities will distribute multi-family apartment containers in coordination with informational meetings for residents. Containers are delivered with garbage cans for new services. Replacements are delivered upon request. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ).f TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Adopt Resolution - Appointing Election Judges, General Election DATE: October 2,2000 INTRODUCTION The General Election is Tuesday, November 7, 2000. Based upon State Statute 2048.21, subd 2, election judges must be appointed at least 25 days before that election. DISCUSSION The attached resolution appoints judges and designates polling places for Precincts 1, 2, 3, and 4 for the General Election. BUDGET IMPACT Election costs are included in the 2000 budget. ACTION REOUIRED Adopt the attached resolution appointing election judges and designating polling places. Respectfully submitted, c:J~~ !~ Karen Finstuen Administrative Services Manager RESOLUTION NO. R -00 APPROVING LIST OF ELECTION JUDGES AND DESIGNATING POLLING PLACES FOR GENERAL ELECTION OF NOVEMBER 7, 2000 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 the 2nd day of October, 2000 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: NOW THEREFORE, BE IT RESOLVED that the following list of election judges be approved for the General Election to be held November 7, 2000. Precinct 1 Eileen Sauber Dolores Johnson Florence Mohn Dennis Sullivan Marlene Beeney Pat White Marcianne Rotty Precinct 2 Gretchen Bergman Karen Pietsch Lauretta Schneider Mary Swanson Barb Pellicci Don Slaughter Mary Juenemann Precinct 3 Mary Twite Lois Lotze Kim Soderberg Erwin Hagen Joyce Switzer Wendy Traxler Precinct 4 Betty Raveling Shirley Sauber Helen Hagen John Switzer Patrick Hansen Joyce Blowers BE IT FURTHER RESOLVED that an Absentee Ballot Board made up of the following election judges be established to process Absentee Ballots: Pat White - Precinct 1 Gretchen Bergman - Precinct 2 Kim Soderberg - Precinct 3 Helen Hagen - Precinct 4 BE IT FURTHER RESOLVED that the address of the polling place for Precincts 1,2,3 and 4 shall be as follows: Precinct 1 - Senior Citizen Center - 431 Third Street Precinct 2 - ISD # 192 District Service Center - 51 0 Walnut Street Precinct 3 - Akin Road Elementary School - 5231 195th Street West Precinct 4 - Bible Baptist Church - 19700 Akin Road This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Attested to the _day of SEAL Mayor , 2000. City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /3 TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolutions - Private Development Project Closeouts DATE: October 2,2000 INTRODUCTION The improvements outlined in the Development Contracts for Nelsen Hills 4th through 6th Additions, Charleswood 1 st Addition and TroyHills 1 st through 4th Additions have been substantially completed. DISCUSSION The Nelsen Hills 4th Addition Development Addendum was signed on October 5th, 1998 between the City and Heritage Development, Inc.. The revised completion date stated in the addendum is September 2,2000. The project was completed when minor work order items were addressed during July of this year. The Nelsen Hills 5th Addition Development Addendum was signed on October 5, 1998 between the City and Heritage Development, Inc.. The revised completion date stated in the addendum is September 2,2000. The project was completed when several minor work order items were addressed during July of this year. The Nelsen Hills 6th Addition Development Contract was signed on September 3, 1998 between the City and Heritage Development, Inc.. The completion date for this project was November 30, 1998. The project was substantially completed when several minor work order items were addressed during July of this year. The City will retain surety to cover the remaining work order items (storm off of Everest Path, curb on Excalibur Trail). The Charleswood 1 st Addition Development Contract was signed on July 6, 1998 between the City and Astra Genstar Partnership, L.L.P.. The completion date for this project was July 1, 2000. The project was substantially completed when several minor work order items were addressed during July of this year. The City will retain surety to cover the remaining work order items (pond sealing, landscaping). The TroyHills 1 st Addition Development Addendum was signed on September 8, 1998 between the City and Builders Development, Inc.. The revised completion date stated in the addendum is September 2,2000. The project was completed when minor work order items were addressed during July of this year. The TroyHills 2nd Addition Development Addendum was signed on September 8, 1998 between the City and Builders Development, Inc.. The revised completion date stated in the addendum is September 2,2000. The project was completed when several minor work order items were addressed during July of this year. The TroyHills 3rd Addition Development Addendum was signed on September 8, 1998 between the City and Builders Development, Inc.. The revised completion date stated in the addendum is September 2,2000. The project was completed when several minor work order items were addressed during July of this year. The TroyHills 4th Addition Development Contract was signed on July 21, 1997 between the City and Builders Development, Inc.. The completion date for this project was November 1, 1998. The project was completed when several minor work order items were addressed during July of this year. BUDGET IMPACT None ACTION REQUESTED Adopt the attached resolutions accepting the street and utility improvements for Nelsen Hills 4th through 6th Additions, Charleswood 1st Addition, and TroyHills 1 st through 4th Additions. Respectfully submitted, ~/YJ~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file John Dobbs, Heritage Development Steve Juetten, Genstar Land Company Fritz Van Nest, Builders Development, Inc. RESOLUTION NO. R -00 ACCEPTING NELSEN HILLS 4TH ADDITION STREET & UTILITY IMPROVMENTS CITY PROJECT NO. 95-13 Pursuant to due call and notice thereof, a regular meeting of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on August 28, 1995 and an Addendum signed on October 5th, 1998, Heritage Development, Inc. of Little Canada, Minnesota has satisfactorily completed the requirements of the developers agreement and addendum for Nelsen Hills 4th Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the 2nd day of October, 2000. SEAL City Administrator RESOLUTION NO. R -00 ACCEPTING NELSEN HILLS 5TH ADDITION STREET & UTILITY IMPROVMENTS CITY PROJECT NO. 96-20 Pursuant to due call and notice thereof, a regular meeting of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on June 17, 1996 and an Addendum signed on October 5th, 1998, Heritage Development, Inc. of Little Canada, Minnesota has satisfactorily completed the requirements of the developers agreement and addendum for Nelsen Hills 5th Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the 2nd day of October, 2000. SEAL City Administrator RESOLUTION NO. R -00 ACCEPTING NELSEN HILLS 6TH ADDITION STREET & UTILITY IMPROVMENTS CITY PROJECT NO. 97-14 Pursuant to due call and notice thereof, a regular meeting of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on September 3rd, 1998, Heritage Development, Inc. of Little Canada, Minnesota has satisfactorily completed the requirements of the developers agreement for Nelsen Hills 6th Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the 2nd day of October, 2000. SEAL City Administrator RESOLUTION NO. R -00 ACCEPTING CHARLESWOOD 1ST ADDITION STREET & UTILITY IMPROVMENTS CITY PROJECT NO. 98-11 Pursuant to due call and notice thereof, a regular meeting of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on July 6th, 1998, Astra Genstar Partnership L.L.P. of Minnesota has satisfactorily completed the requirements of the developers agreement for Charleswood 1 st Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the 2nd day of October, 2000. SEAL City Administrator RESOLUTION NO. R -00 ACCEPTING TROYHILLS 1ST ADDITION STREET & UTILITY IMPROVMENTS CITY PROJECT NO. 94-9 Pursuant to due call and notice thereof, a regular meeting of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on June 20th, 1994 and an Addendum signed on September 8th, 1998, Builders Development, Inc., of Wayzata, Minnesota has satisfactorily completed the requirements of the developers agreement and addendum for TroyHills 1 st Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the 2nd day of October, 2000. SEAL City Administrator RESOLUTION NO. R -00 ACCEPTING TROYHILLS 2nd ADDITION STREET & UTILITY IMPROVMENTS CITY PROJECT NO. 96-6 Pursuant to due call and notice thereof, a regular meeting of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on May 6th, 1996 and an Addendum signed on September 8th, 1998, Builders Development, Inc., of Wayzata, Minnesota has satisfactorily completed the requirements of the developers agreement and addendum for TroyHills 2nd Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the 2nd day of October, 2000. SEAL City Administrator RESOLUTION NO. R -00 ACCEPTING TROYHILLS 3rd ADDITION STREET & UTILITY IMPROVMENTS CITY PROJECT NO. 96-22 Pursuant to due call and notice thereof, a regular meeting of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on June 17th, 1996 and an Addendum signed on September 8th, 1998, Builders Development, Inc., of Wayzata, Minnesota has satisfactorily completed the requirements of the developers agreement and addendum for TroyHills 3rd Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the 2nd day of October, 2000. SEAL City Administrator RESOLUTION NO. R -00 ACCEPTING TROYHILLS 4TH ADDITION STREET & UTILITY IMPROVMENTS CITY PROJECT NO. 97-17 Pursuant to due call and notice thereof, a regular meeting of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to a Development Contract signed with the City of Farmington on July 21 st, 1997, Builders Development, Inc. of Wayzata, Minnesota has satisfactorily completed the requirements of the developers agreement for TroyHills 4th Addition. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota that the work completed under said agreement is hereby accepted by the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the 2nd day of October, 2000. SEAL City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~~ TO: Mayor, Council Members, City Administratof-' Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: 2000 Seal Coat Project Assessment Hearing DATE: October 2, 2000 INTRODUCTION The City Council scheduled the 2000 Seal Coat project assessment hearing at the August 21, 2000 City Council meeting. DISCUSSION The 2000 Seal Coat project has been completed. Streets in Nelsen Hills 4th and 5th Additions, Troyhills 1 st through 4th Additions, Industrial Park 1 st and 2nd Additions, East Farmington 1 st and 2nd Additions, Prairie Creek 4th Addition and areas in downtown Farmington were seal coated with this year's project. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost for the 2000 Seal Coat project is $100,040.06. At the May 1st Council meeting, Council directed staff to prepare the assessment roll allocating 50% of the project costs to the benefiting properties. Accordingly, staff has calculated the proposed assessment amount for the 2000 Seal Coat project to be $54.26 per buildable lot. The total amount to be assessed to benefiting properties is $26,858.70. Several streets in the project area have already been assessed for seal coating costs through their respective development contracts. The City's portion of the project cost is $73,181.36 (which includes those costs previously assessed) will be funded through the Road and Bridge fund. ACTION REQUESTED Adopt the attached resolution adopting the assessment roll for the 2000 Seal Coat project. Respectfully Submitted, ~--m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -00 ADOPTING ASSESSMENT ROLL FOR PROJECT 00-06 Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Project No. 00-06 Description Street Seal Coating - Oil and Aggregate Location See attached list of locations NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2001 and shall bear interest at the rate of 6.5% per annum from the date of the adoption of this assessment resolution until December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and s/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 ofthe next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the 2nd day of October, 2000. SEAL City Administrator City of Farmington 2000 Seal Coat Project Project 00-06 Streets Location Everest Path Between 184U1 Street W. & 188"' Street W. Explorer Way Explorer Court Exodus A venue between Exodus Circle & Esquire Way Esquire Way between Everest Path & Euclid Path Essence Trail between Esquire Way & Euclid Path Englewood Way between Everest Path & Euclid Path Excalibur Trail between Eaglewood Way & Everest Path Everest Path between 190U' Street W. & 195W Street 190U' Street between Everest Path and Euclid Path Everest Court Everglade Path Everest Trail Evenston Drive 191s Street W. Evening Star Way Evening Star Court 193ru Street W. west of Eureka Avenue 187"' Street W. east of Embers Avenue Easton Avenue Easton Court Eaglewood Trail east of Embers Avenue Oak Street between Ninth Street and Eleventh Street Spruce Street between Ninth Street and Eleventh Street Walnut Street between Ninth Street and Eleventh Street Locust Street between Ninth Street and Eleventh Street Larch Street between T.H. 3 and Eleventh Street Ninth Street between Oak Street and Larch Street Tenth Street between Oak Street and Larch Street Eleventh Street between Oak Street and Larch Street Elm Street east ofT.H. 3 208"' Street 210Ul Street W. Eaton A venue 211 u, Street W. Edmonton A venue Linden Street Seventh Street between Linden Street and Willow Street Fifth Street between Linden Street and Pine Street Fourth Street between Elm Street and Willow Street Third Street between Elm Street and Pine Street Pine Street between Third Street and T.R. 3 Main Street between Third Street and Fourth Street Second Street between Maple Street and Ash Street Honeysuckle Lane Hickory Street between Second Street and Third Street Willow Street between Fourth Street and T.H. 3 Alley between Fourth & Fifth Street and Spruce & Walnut Street City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us <g6 TO: Mayor, Councilmembers, City Administrator % FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: County Road 72 Project Assessment Hearing DATE: October 2, 2000 INTRODUCTION The City Council scheduled the County Road 72 project assessment hearing at the August 21, 2000 City Council meeting. DISCUSSION The County Road 72 improvement project has been completed. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost for the County Road 72 improvement project is $ 1,089,004.60. The final project costs have been allocated using the methodology presented at the project hearing February 16, 1999, and is summarized below. The funding of the two parts of the project, the reconstruction and the new construction, are addressed separately as the funding mechanisms are unique to each part. Following are the total cost splits: Reconstruction, Sta. 0+00 to 13+65 (TH 3 to easterly Hospital property line) In the reconstruction area, there are two township properties that are adjacent to the County Road. Per the County's policy, the County funds 100% of the roadway costs in front of the Township and 55% of the roadway costs in front of properties in the City. Newly constructed improvements are assessed 100% and reconstructed improvements are assessed 35% to the benefiting properties per the City's Special Assessment Policy. The township properties can not be assessed until such time they come into the City. The following table outlines the funding breakdown. Fundine Source Item County City Assessed Total Roadway Improvements $164,111.75 $63,156.30 $38,883.52 $266,151.56 Water Main $21,573.40 $21,573.40 Sanitary Sewer $102,258.96 $102,258.96 Storm Sewer $28,035.43 $3,068.85 $39,076.88 $70,181.16 Total $192,147.18 $66,225.15 $201,792.76 $460,165.08 New Construction, Sta. 13+65 to 33+00 (easterly Hospital property line to easterly City limit) This section of roadway is adjacent to East Farmington, Bristol Square and Trinity Hospital, the benefiting properties. The County participates in 55% of the roadway costs, leaving 45% of the costs to be funded otherwise. In accordance with the City's Special Assessment Policy, new roadway construction and utility installation is 100% assessed and the costs that the County does not fund are allocated to the adjacent benefiting properties. The City funds Trunk improvements. The following table outlines the funding breakdown. Fundin!! Source Item County City (Trunk) Assessed Total Roadway Improvements $190,328.37 $155,723.21 $346,051.58 Water Main $5,529.37 $60,511.90 $66,041.27 Sanitary Sewer $9,525.43 $110,426.09 $119,951.52 Storm Sewer $34,018.65 $62,776.49 $96,795.15 Total $224,347.02 $15,054.80 $389,437.69 $628,839.52 County City Assessed Total I Project Totals $416,494.20 $81,279.95 $591,230.45 $1,089,004.60 Assessments to benefiting properties Attached is correspondence from the appraiser contracted by the City that indicates the proposed assessments are sustainable. The appraiser asserts that the properties to the north of County Road 72 (now 213th Street) receive benefit from the proposed improvements of $12,500 to $17,500 per lot. The proposed improvements benefit adjacent commercial properties up to 50% of the land value of the property. Based on this analysis, the maximum benefit to the Clinic is $93,000 and the maximum benefit to the Hospital is $540,000 and the assessments to the Clinic and the Hospital are under these amounts. The breakdown of assessed costs to the benefiting property owners is as follows: Reconstruction, Sta. 0+00 to 13+65 (TH 3 to easterly Hospital property line) Amount to be assessed North side of213tb Street per lot/propertv Feasibility report estimate City lots (not needing water service) City lots (needing water service) Township lot Benham property (sewer and water service) South side of213tb Street River Valley Clinic Trinity Hospital $8,841.22 $10,140.95 $7,314.96 $49,866.45 $9,243.32 $11,243.32 $8,129.41 $57,876.46 $8,882.73 $40,817.76 $11,561.81 $38,293.57 2 New Construction, Sta. 13+65 to 33+00 (easterly Hospital property line to easterly City limit) Benefitine: Property Bristol Square East Farmington Trinity Hospital Amount to be Assessed Feasibility report estimate $157,789.13 $167,287.93 $64,360.63 $312,366.84 $221,595.19 $83,437.97 The developer of Bristol Square has agreed to pay their proportionate share of the project costs in the development contract for the plat. Sienna Corporation has agreed to pay their proportionate share of the costs through the development contract for East Farmington 4th Addition and the attached letter. Trinity Hospital, River Valley Clinic and the properties on the north side of County Road 72 are subject to the MS. 429 process. Several properties on the north side of the road in the reconstruct area have already agreed to the assessments as part of the requirement to hook up to the sanitary sewer. The assessments to the township properties would be deferred until such time the properties come into the City. ACTION REOUESTED Adopt the attached resolution adopting the assessment roll for the County Road 72 Improvement Project. Respectfully submitted, ~/h~ Lee M. Mann, P .E. Director of Public W orkslCity Engineer cc: file 3 PROPOSED RESOLUTION NO. R -00 ADOPTING ASSESSMENT ROLL FOR PROJECT 99-08 Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of October, 2000 at 7:00 P.M.. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Project 99-08 Description Street & Utility Improvements Location County Road 72, from TH 3 easterly to where it turns north at the Prairie Waterway and northerly to the City limits ;and WHEREAS, the Council has amended such proposed assessment as it deems just. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2001 and shall bear interest at the rate of 6.5% per annum from the date of the adoption of this assessment resolution until December 31, 2001. To each subsequent installation when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the day of ,2000. SEAL Clerk! Administrator PRECISION APPRAISALS & Home Inspections, Inc. 01. ",Iv. of Access Information Systems, Ine Mr. Lc:e Mann City of Fuming ton 32S Oak Street FlU'Dlington. MN. 55024 RE: County Road 72 Dcar Mr. MW1Jl, This will acknowledge your request for my opinion regarding the value increase which would accrue to the properties along County Road 72 ( 213th Street W. ) Farmmgton. YOll have provided me with a copy of the fcasibilily report trom Boncstroo. Rosene. AnderIik &: Associates, Inc. which details the proposed improvemenls and estimated costs. I have analyzed each of the existing properties located in the City of Farmington and have concluded that the value increase for the improvements which would be similar to that of a new lot. nus is especially true since the street is being renewed and the water and or sewer are being hooked to the properties.. Lot prices in the community for similar value properties adjacent to County Road 72, range from $25.000 to $35.000. On this basis a total assessment in the $15,000 range would appear feasible. Assessments bascd upon approximately 50% oCthe lot value arc considered within the noIIJl. Please note that the Brekke property has bCl:n divided to create lots which are similar in size to those in the neighborhood Assessments to each lot on the basis indicated would appear reasonable. The commercial property hHs not been as closely cxllll1ined, but the assessment of this property on a simihr basis would also be reasonable. Commercial lot values range from $2.50 to $3.00 per square: foot, generally. Thanks for the opportunity to examine this property. ~Y?r lJJF.SnY '. Precision Appraisals Vice President/General MlIJlAgcr 7270 /JEST 96 TH STREET. SLOOfl/N(jroN. fiN 55..,37 PH: lG12J 888.8135 FX: f67c1888-55G2 TnTCl p lit? tIi SIENNA CORPORATION February 4, 1999 Mr. Lee Mann P .E. Director of Public Works/City Engineer City of Farmington 325 Oak Street Farmington, MN 55024 RE: Assessments for County Road 72 Installment (Public Works Project 99-08) Dear Lee: Sienna Corporation hereby agrees to accept payments for all prorata assessments for the above referenced project -The building of County Road 72 along the northern edge of our East Farmington PUD and the installation of sewer & water service. It is further our agreement that these assessments will be placed on all lots in the East Farmington Fourth Addition and on Outlot Q of East Farmington First Addition. The amounts to be spread and the method of spreading them will be determined prior to the fmal assessment hearing. This letter is agreed to this ifT4- day of February 1999 by Sienna Corporation ~~, by Rodney D Hardy Vice President cc: Cathy Thornhill Planners . Developers.. Contractors City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ~~ FROM: SUBJECT: DATE: Mayor, Councilmembers, City Administrator~ Robin Roland, Finance Director TO: Adopt Resolution - Levy Certification Rate Increase October 2, 2000 INTRODUCTION The State Legislature passed a law during the 1999 Session, which mandates that all Cities and Counties must pass a resolution if their proposed 2001 tax levy is a dollar amount higher than that rate calculated by the County AuditorlTreasurer using a prescribed formula. DISCUSSION The prescribed formula calls for the calculation of what the City of Farmington's tax levy rate would be if the dollar levy amount does not change but the taxable base does. The City of Farmington passed a 2001 preliminary net levy on September 5,2000 of $2,095,967. This dollar levy is a 16% increase over the 2000 net levy. However, since there is more taxable value in the City in 2001, due to the household and market value growth, this dollar levy results in a reduction of the Tax Capacity Rate from 30.6% to 30.00%. As the community grows, increased revenues from the tax levy are necessary to provide the services all residents require from their City. Despite the increase in City revenues, households, without adjusting for increases in market value, should experience lower City taxes in 2001 due to the expansion of the corresponding tax base. BUDGET IMPACT None. The City Council adopted the preliminary tax levy and set the Truth in Taxation hearing with Resolution R72-00. This subsequent resolution does nothing to change the previous resolution. ACTION REQUIRED Adopt the attached resolution authorizing the County Auditor to certify a property tax rate higher than that rate computed under Minnesota Statute 2048.135. Respectfully submitted, ~./!('~ Robin Roland Finance Director RESOLUTION NO. R - 00 AUTHORIZING A TAX RATE INCREASE FOR THE 2000 TAX LEVY, COLLECTIBLE IN 2001 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 2nd day of October, 2000 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: BE IT RESOLVED, by the Mayor and City Council of the City of Farmington, County of Dakota, Minnesota, that the county auditor is authorized to fix a property tax rate for taxes payable in the year 2001 that is higher than the tax rate calculated pursuant to Minnesota Statutes 204B.135 for the city for taxes levied in 2000, collectible in 2001. Adoption of this resolution does not prohibit the city from certifying a final levy that will result in no tax rate increase or a tax rate decrease. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor day of 2000. Attested to the City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor & Councilmembers FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda DATE: October 2, 2000 It is requested that the October 2, 2000 agenda be amended as follows: PETITIONS, REQUESTS AND COMMUNICATIONS 10 (a) Consider Developer Request - Building Permit Issuance Policy Attached is a leUer received from Mr. Steve V olbrecht, Centex Homes, regarding their request for a one-time issuance of four Foundation and Building Permits prior to the completion of street and utility work at Tamarack Ridge. 10 (d) Consider Communication - Representative Ozment Attached is City Attorney Jamnik's response to the September 7,2000 letter from Representative Ozment to John and Mary Ann Devney. Respectfully submitted, John Erar City Administrator September 29, 2000 Mayor and City Council Members City of Farmington 325 Oak Street Farmington, MN 55024 Via - email: cmuller@ci.farmington.mn.us Re: Tamarack Ridge Dear Mayor and Council; Centex Homes is requesting a one-time variance for the issuance of four Foundation and Building Permits prior to the completion of street and utility work at Tamarack Ridge. Due to the fact that these townhomes do not have basements the simultaneous construction of buildings, streets and utility work for the remainder of this season is crucial due to the late starting time for this project and the proximity of winter. In late July, Centex Homes requested the ability to start up to four townhome buildings on the site prior to completion of the street and utilities. City Staff brought this item to the Planning Commission for discussion on August 8 and again on September 12. At the conclusion of these meetings it was inferred that City Staff could issue multiple permits on a job specific basis and the current overall policy would be reviewed at a later date. Centex Homes applied for Foundation and Building Permits for building 1 (see the enclosed sketch) on May 24 and received a Foundation Permit on September 1. Further, we have applied for Foundation and Building Permits for buildings 2, 3 & 4 on September 15. To date, Centex Homes has received a single Foundation Permit on building 1 and has not received a single Building Permit. At this time, the Centex Homes, Tamarack Ridge - Multifamily neighborhood has: - received City Council approval of the fmal plat. - received City Council approval and execution of the Developers Contract. - provided to the City all necessary letters of credit. - provided payment of applicable fees and charges as required by the City. - satisfied the City's Park dedication requirements. - received City Engineer approval of - Soil Erosion Control and Grading Plans. - Landscape Plan. - Final Street and Utility Plans & Specifications. Construction of improvements within the Development have also started. Mass grading is approximately 95% complete. Sanitary sewer mainline installation is complete. Watermain installation is approximately 75% complete. The City watermain and hydrant, via a City Project, were extended to our site in early September. We are presently waiting for the City to provide an available water supply to this watermain. Although the City's practice has been to require completion and acceptance of street and utility work prior to the issuance of building permits, I am confident the existing language within the Development Contract and City Ordinances would not have to be modified, hence allowing City Staff to issue multiple permits prior to the completion of streets and utilities without any additional risk to the City. The City's Development Contract provides all the necessary assurances, contractually and fmancially, that the development work will be completed to the City's expectations. If the City were to consent and allow multiple Foundation and Building Permits, Centex Homes, as the Developer, would assume all liability and costs associated with simultaneous constroction & coordination of streets, utilities and buildings. This flexibility is consistent with comparable practices in other municipalities throughout the metropolitan area and reflective of our short constroction season. It also provides the City with timely project development and provides Centex Homes with cohesive marketing, sales and constroction. The City would maintain control, with and through, the issuance of occupancy certificates. Prior to obtaining a C.O. for a new building, at a minimum, water and sewer service would be completed and accepted by the City. Additionally, gas, electric and telephone services would also be installed and adequate access would be provided. In conclusion, we request the City to issue Centex Homes up to four Foundation and Building Permits prior to the completion of street and utility work. Centex Homes would be available to work with staff to review the City's policy regarding building starts in townhome neighborhoods. I would like to discuss this issue with you prior to the next City Council meeting when this item is slated for public discussion. The Agenda item is; "the request for the issuance of building permits in new developments prior to completion of streets" . Sincerely, Centex Homes Steve Volbrecht Land Development Manager ~ ~ ~ ~fr l~ . e U~\ "tl ~ Ii "J , ~ ~ I g II n I ~ fZl) o / riU> ~.a' ~ ~ l Y ~t1i ~l~i ~~ ::0 2 B..t-{: I..!:_ Cl,qsQ: . -!HffUl .~ i U81 a n~CP 0 ~ ] 0 f!1~ II a \ m- IIbI\ T ~ '-':l ~ t;:1 1 1\2)1 ~) ~ ~~ IN ia; " i1~ AV<. w: ~ "mi~ "( -~ '" \~ i..~.... -.. : Jr 1I1,b) Gtf1~tl.~ ';,,~ IIIiJ ~ -' ~ lit L ~ l ~ & oR R/1 : I 0., ~ if i::J ItNl ~ a;..! L t I'Y i Ii' ~ I i 0 ~ T8 -II r-+-elM h~ 0, i mfl:f I. ~l#'(~"" _Q'~ ~ ;; I w~ I Ih ~ l""r I l:iI ; I ..-.- .... L. r:r!;J f1.>)1 e I I I L..--'-!;)' f1:I Ll Iwl H ~. ~ ~ Er i:J 19.)1 L l:J ~\ ~ I :!~!:!Ji:" G~ " ii i~1 i 1 i~~. \"'- nt'f r; LJ~ uri~lil I~qt~L o:iI'1:~ L~~ """'\ t:::. 11VHl. __J!?VW-~v~~ ~ ~ ~ 1 r~~~~ ...J - ~ E" 'N ~ l~.",rrrnd " L ~~~~ L., ~ml!= ~!! AIl! ~ tti!l'F==l ~q~ /. Ii ~ ~t.. 7-lf U1'-! ii ~ II t~ '.;;;Jr!f! /----';"1 ''a ~~~ ,,~W f"/!ii'r ~ ~ - ;~, ~r, Ii I Itt."'~~l~~ h1* ~:J1i~~'."l!.~! " ~ 0...rJ~~. I ~ · I. '" . I- -I. .. """-'---.AliI 'I '" ,/ ...~'~ ~ :Q1/~ .~ = J~ gr:l 0 091 ~~li I II b ) JK' ~, ~\ "tl l> ::0 ^ ]:" I @ em CI) ., 2 "i ~ in'" ~ ~ ua= --1 !1" G) ~ ~ s: l: , ~ (T. ~ f ~ !~ltB ~ ~~.~ ~ ~~ \ ~~ ~ ,9 -:::z: .... ~ '0 <; \ <;i. ~ ~ t ~ ~ ~ ~..p 6'd' Campbell, Knutson Professional Association Memo To; Mayor, City Council City Administra~ Fram: Joel Jamnik DIIt. 10lO2lOO R8; Agricultural Preserve Program Response to September 7, 2000 letter from RepresentatIve Ozment to .John and Mary Ann Devney In his letter to the Devney's, Representative Ozment raises concerns regarding the City's special assessment policy as applied to property enrolled in the Agricultural Preserve Program. The Representative states his opinion that the Agricultural Preserve statute should be interpreted to fully insulate enrolled property from any assessment for any project undertaken by a local government that may serve the property both while it is in the program and after it comes out of the program. I respectfully disagree that the statute requires this interpretation. Further, if the Representative is correct, the result could be a substantial transfer of the burden of financing public improvements to other properties within the jurisdiction. MSA ! 473H.11 provides in part that: "Notwithstanding chapter 429, construction projects for public sanitary sewer systems and public water systems benefiting land or buildings in agricultural preserves shall be prohibited. New connections between land or buildings in agricultural preserves and sanitary sewers or water systems shall be prohibited. Public sanitary sewer systems, public storm water sewer systems, public water systems, public roads, and other public improvements built on, adjacent to, or in the vicinity of agricultural preserves after August 1, 1993, are deemed of no benefit to the land and buildings in agricultural preserves. Consequently, it is clear that roads built after 1993 are deemed to be of no benefit to the land and building in aaricultural oreserves and can not be assessed. However, enrollment in the program is not perpetual. While the duration of the program is generally for eight years, in some cases, such as if the property is condemned, it may teminate prior to eight years. Under that situation, the protections provided by the program c1eariy cease. M.S. 473H.15, Subd 10 states that "the agricultural preserve designation and all benefits and limitations accruing through sections 473H.02 to 473H.17 for the preserve and the restrictive covenant for that portion of the preserve taken, shall cease on the date the final certificate is filed with the court administrator of district court in accordance with [the eminent domain law)". . Page 1 Once the property is out of the program, it has no special status. It may thus be assessed Hke any other property within the jurisdiction. Chapter 429 authorizes supplemental or reassments to correct omissions and errors (M.S. 429.071), and M.S. 429.051 provides ''to the extent that such an improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made but which are not initiaRy assessed therefor, the municipality may also reimburse itself by adding all or any of the portion of the cost so paid to the assessments levied for any of such later extensions or improvements, provided that notice that such additional amount win be assessed is included in the notice of hearing on the making of such extensions or improvements. The additional assessments herein authorized may be made whether or not the properties assessed were included in the area described in the notice of hearing on the making of the original improvement The intent of these provisions is to allow for the just and equitable allocation of the burden of financing public improvements. If 473H.11 is interpreted to permanently prohibit the imposition of assessments for past improvements that benefit the subject property once it comes out of the agricultural preserve program, then the timing of public improvement projects not only becomes much more difficult but the possibility of substantial inequities between neighboring properties becomes more likely. For example, there is currently an initiative underway by another unit of government within the City to remove a parcel from the agricultural preserves program prior to the eight year period. The purpose of the early removal is to allow the construction of an institutional use that if constructed, win make full use of road, sewer, and water projects that serve the property. VVhile M.S. 473H.11 clearly states that the property is not benefited by the improvement while it is enrolled in the program and used for agricultural purposes, it makes no sense for the taxpayers of the City to subsidize an institutional use that is fuRy served by road, sewer and water to the same if not a greater degree than single family residential uses in the area. Obviously, however, if property remains agricultural for a substantial period of time, it may be impractical to ever demonstrate any benefit to the property from a public improvement. In these circumstances, the legal protections afforded by Chapter 429 are fully available to a property owner. Representative Ozment's all or nothing position would provide a substantial disincentive for any local govemment to allow property to be enrolled in the program, which runs counter to the intent of the legislature to preserve agricultural land and promote farming activities within the metropolitan area. It would also provide, at least in some situations, a strong financial disincentive to undertake public improvement projects that may be necessary to protect the environment and adequately serve developing property in an area that includes land enrolled in agricultural preserves. The City Council has taken a position to fully support the enrollment of land within agricultural preserves and to promote farming activities within the metropolitan area, as well as to fully comply with M.S. 473H.11 and insulate enrolled property from special assessments. However, the City has also indicated its interest in evaluating the circumstances which may exist if and when a parcel of property is removed from the program to determine if it is just and equitable to assess the property at that time for public improvements that benefit the property. To do otherwise would be to unfairly transfer the burden of financing certain improvements to the general property taxpayers or to other properties within a served area, or to provide a strong disincentive to ever authorizing the enrollment of property in a program that has such a laudable goal as preserving to the extent possible the rural character of an area. ePage2 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us lOa- FROM: Mayor and City Council City Administrato~ David L. Olson Community Development Director TO: SUBJECT: Request for Issuance of Building Permits in New Developments Prior to Completion of Streets and Utilities DATE: October 2, 2000 INTRODUCTION The Planning Commission discussed this issue briefly at its August 8, 2000 meeting and again at their September 12, 2000 meeting. This issue is being discussed as a result of a number of builders and developers seeking issuance of building permits prior to completion of road and utility work. DISCUSSION Staff has been discussing this issue with several builders and developers for a number of months. The requests have ranged from seeking a building permit to commence construction of a dry- model townhome building (typically containing 4-10 units) and/or a single family home. These models may include a sales office and the request may seek permits to commence construction units that mayor may not seek to be occupied prior to the completion of the paving of the streets. (Obviously units could not be occupied prior to the completion of water, sewer, electric and gas utilities. ) The City's practice has been to require completion and acceptance of street and utility work prior to the issuance of building permits. Exceptions to this policy have been made in instances where everything was done except for street paving by late fall and building permits were issued to allow units to be constructed over the winter months. Paving of the street has typically occurred the following spring upon the re-opening of the black-top plants. A number of developers and builders with proposed or approved developments in the City have indicated that with the fairly short construction season in Minnesota, adherence to this policy creates problems for the timely development, marketing and sale of their developments. The requirement for the completion of the street and City utility work in private developments prior to issuance of building permits has been included as standard language in the City's Development Contracts for many years. In addition, the Fire Department has indicated that the 1997 Uniform Fire Code requires that an available water supply be available within 1 SO feet of any building containing more than 2 residential units prior to construction involving combustible materials and that Fire Department access roads also need to be provided. A copy of the recently adopted Zoning Ordinance from the City of Lakeville is also attached that addresses the issue of Model Homes in new developments and when they can be constructed. The City Planning Commission at its September 12, 2000 meeting heard comments from representatives of Centex Homes, Rottlund Homes, and Arcon Development requesting that the previous policy and practice be revised to allow for the "concurrent construction" of street and utilities and residential units. These developers indicated that this practice has been allowed in other communities they have worked in including Shoreview, Woodbury, Inver Grove Heights, and Apple Valley. It was also suggested by several of the developers that this be allowed in instances when the developer and builder are one in the same such as the case in Tamarack Ridge, Vennillion Grove and Middle Creek Estates. It was also indicated by at least one of the developers that building permit issuance could be contingent on the approval of the plans and specifications for street and utility installation. The Planning Commission after their discussion of this issue reached the consensus to recommend consideration of a policy on a trial basis that would allow for the issuance of building permits for a portion or yet undetermined percentage of the development to occur prior to completion of street and utility work is completed. The Planning Commission did not take a position and did not recommend issuance of building permits prior to the availability of a water supply and fire department access for fire protection purposes. Several of the developers sought to have building permits issued prior to availability of water for protection purposes. ACTION REOUESTED The Council should indicate its consensus on the issue of whether it supports the issuance of building permits in new developments (both single and multi-family) prior to the completion of streets and utilities and if so under what circumstances and to what extent. ~/ David L. Olson Community Development Director - cc: Steve V olbrecht, Centex Homes Michael Noonan, Rottlund Homes Jim Ostenson, James Development Larry Frank, Arcon Development Don Patton, D.R. Horton Steve Juetten, Genstar ';;'-"1/7 ~ 37-,~;;'/ Ad'&~e../f/",,~~Lc;r'7~ B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of erosion control devices, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, 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 final 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. 7 11-1-1~7/. ~k/,'./'5i>'-' V~CAC<: CHAPTER 1 11-1-5 GENERAL SUBDIVISION PROVISIONS SECTION: 11-1-1: 1 1 - 1 - 2: 11 -1 - 3: 11 -1 -4: 11 -1 - 5: 11-1-6: Short Title Purpose Approvals Necessary for Recording Building Permits Waiver of Platting Definitions 11-1-1: SHORT TITLE: This Title shall be known as the "Subdivision Ordinance of the City of Farmington", and will be referred to herein as "this Title". 11 -1 - 2: PURPOSE: It is the purpose of this Title to establish minimum regula- tions and requirements for the platting of land within the City pursuant to the authority contained in Minnesota Statutes Annotated, in order to guide the design of new subdivisions in a manner consistent with the Farmington Comprehensive Plan. 11 -1 -3: APPROVALS NECESSARY FOR RECORDING: Before any plat shall be of validity, it shall be referred to the City Planning Commission and ap- proved by the City Council as having fulfilled the requirements of this Title. Subdivi- sion plats shall be entitled to record in the Dakota County Recorder's office only after the plat has been prepared, approved and acknowledged as prescribed by this Title. 11-1 -4: BUILDING PERMITS: Building permits shall not be considered for is-) suance by the City for the construction of any building, structure or improvement to the land or to any lot in a subdivision as defined herein, until all re- quirements of this Title have been met. . 11 -1 - 5: WAIVER OF PLATnNG: The following land divisions are exempt from the provisions of this Title: 587 ~./7 ~ ~~~~ CHAPTER 27 MODEL HOMES SECTION: 11-27 -1: 11-27-3: 11-27-5: 11-27-7: 11-27-9: Purpose Qualification Procedure Special Requirements Restricted Use 11-27 -1: PURPOSE: The purpose of this Chapter is to provide for the erection of model homes, which may include temporary real estate offices, in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration must be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their environment. 11-27-3: QUALIFICATION: To qualify for a building permit for a model home, which may include a temporary real estate office, the following shall ired: A. Upon receipt of final plat approval and recording, one (1) building permit per subdivision may be granted. No final certificate of occupancy shall be issued until the infrastructure improvements including the first lift of asphalt have been ed roved by the City. 8. Upon completion of infrastructure improvements including"the first lift of asphalt within the respective final plat subdivision, additional building permits may be issued for model homes and/or temporary real estate offices, provided that the number of model homes and/or temporary real estate offices shall not exceed ten (10) percent of the lots within the final plat. 11-27-5: PROCEDURE: The erection ofa model homers' within all residential districts, which may include a temporary real estate office(s}, shall -;=1:Jire an administrative permit, as may be issued by the Zoning Administrator. 11-27 -7: SPECIAL REQUIREMENTS: A. Model homes and model homes with temporary real estate offices shall be allowed in all residential zoning districts in which they are located and shall be utilized 27-1 solely for selling purposes of lots and/or homes within the subdivision in which it is located. B. Temporary parking facilities equal to four (4) paved spaces per model home dwelling unit or a model home with a temporary real estate office shall be provided. The overall design, drainage, and surfacing of the temporary parking facility shall be subject to the approval of the Zoning Administrator. C. Access from a temporary parking facility shall be directed ~y from developed and occupied residential neighborhoods to the greatest extent possible. D. No model home or model home with a temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in Section 11-16-17 of this Title. E. AU signage shall comply with the sign regulations as contained in Chapter 23 of this Title for the zoning district in which the model home and/or temporary real estate office is located. F. The administrative permit shall terminate three (3) years from its date of issuance or when eighty-five (85) percent of the development is completed, whichever comes first, unless extended by the Zoning Administrator. G. No residential certificate of occupancy shall be issued for a model home or model home with a temporary real estate office until such time as the structure has been fully converted to a residence in compliance with the Uniform Building Code. Additionally, such conversion shall include, but not be limited to, parking lot restoration and the removal of signage and lighting. H. The restoration of all temporary parking areas with appropriate landscaping shall be completed by the end of the following growing season. 11-27 -9: RESTRICTED USE: Model homes and model homes with temporary real estate offices shall be used solely for the display and sale of home fixtures and products, and real estate for the subdivision in which they are located unless approved by the Zoning Administrator through an administrative permit. 27-2 Q8/07/00 13:59 FAX 9529367839 CENTEX HOMES ---...-..-.---..--. - 14I 001/002 CENTEX HDME5 Minnesota Division 12400 Whitewater Crive Sui18 120 Minnetonka. MN 55343 Memo Fu - 2 pages 6S1-463-~ ~~1( Phone: 612-936-7833 Fax: 612-938-7839 DATE: August 7, 2000 TO: OF: Dave Olson, Community Development Director City of'Fannington 325 Oak Street Fanningtol'l, tv1N 55024 FROM; Steven V olbrecht 612-988-8223, fax 612-936-7839 Land Development Manager Centcx Homes "RE: Tamarack Ridge Farmington Per our discu.ssionlast Friday, included herciD, is our building schedule (see sketch) with the associated dates needed for foundatlon permits and building permits. Build.inl! # Foundalloo Pennit Buildint!' Permit 1 August 21,2000 September 22,2000 2 Sept'C1D.ber 22,2000 November 10,2000 3 September 29, 2000 December 22, 2000 4 October 6,2000 February 2,2001 It is our il1tent to have a.U utilities and asphalt completed for buildings 1 - 8 this construction season. If you have any questious, please call Sincerely, ~~ 08/07/00 13:59 FAX 9529387839 . -- CENTEX HOMES 141002/002 Il' ' ~ /1' 'd' "F~/l. 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I AVENUE WEST '2:; S-C I I f / OULOT E ::_..! IICBMH-107 ~---r-----T------.-.-J!. ,! ~ .....:io!.~..-......... ..~..... 'f" ....;....,~.'r':. ~'ol; ....."t":.~r.-;: ~""t".'~' ro' .........0'-... .~..i: -..-..: ....- -..--.?.~.........':.~.:.. ...."'.......!It.... :..,1. ~ ~~~ \ 11 J ' . I )( . T ! . 1 II l,~N\EX \-\D~ES , e>L\\LfJI,AI& S t..I+Cb ~ L..E 23.4 " '" 7 ~ August 18,2000 Steven V olbrecht Centex Homes Minnesota Division 12400 Whiterwater Drive Minnetonka, MN 55343 RE: Issuance of Building Permits - Tamarack Ridge Dear Mr. Volbrecht: This letter is in response to your fax dated August 7, 2000. My understanding during our last meeting was that you were going to "request" approval of a foundation and building permits prior to completion of all street and utility work. While your fax memo appears to be more of a suggested schedule, I am responding to it as a "request." As indicated in the June 16, 2000 letter to Jim Ostenson, in order to receive a footing and foundation permit, in addition to the Council approving the Development Contract which is scheduled for the August 21, 2000 City Council meeting, the agreement needs to be signed by you as the developer and the fees and letter of credit needs to be provided. While this could happen the day after the City Council meeting, typically it takes a few days for this to be completed. Once the necessary signatures, fees, and letter of credit have been provided, the City could issue the foundation permit for the first building. The September 22, 2000 date you included in your memo would be contingent on the adequate water supply and access roads being in-place as referenced in the June 16, 2000 letter. City staff discussed the request we received from your company with the Planning Commission at their August 8, 2000 meeting. While staff was comfortable making the _ determination on the first dry model, the request to issue additional building permits (including footing and foundation permits) prior to the completion of street and utility work becomes a more significant issue. This request was discussed with the Planning Commission at their August 8, 2000 and concerns were expressed by a number of the Commissioners with regards to proceeding with the practice. This item will be placed on the agenda for the next Planning Commission meeting scheduled for September 12,2000 at 7:00 p.m. Since this issue is being initiated by your company and other developers with projects in Farmington, it is suggested that a representative of your company attend this meeting. If you have any questions, please free to contact me at 651.463.1860. Sincerely, David L. Olson Community Development Director cc: Development Committee Jim Ostenson, James Development June 16, 2000 Jim Ostenson James Development 7808 Creekridge Circle Suite 310 Bloomington, MN 55439 Dear Jim: This letter is intended to clarify the City's position relative to when building permits will be issued for any portion of the Tamarack Ridge development in Farmington. The City will be able to issue a building permit for one "dry model" building in each portion of the development upon City Council approval of the Final Plat and Council approval and execution of the Development Contract. This includes the payment of applicable fees and providing the necessary letter of credit. In addition, it will be necessary to have available and accessible water supply for fIre protection purposes once the construction of combustible materials begins. This will obviously need to be coordinated with the City's trunk watermain project. It would be possible to obtain a footings and foundation permit only, subject to the above requirements, prior to the availability of a water supply. Fire Department emergency access roads must also be provided and maintained along with a approved driving surface. These units would not be considered for approval for occupancy until the adjacent street and utilities have been installed and approved by the City. In regards to the proposed Centex "dry model" along County Road 66, it will be necessary to receive approval of a temporary access from Dakota County. If you have any questions regarding this matter, please do not hesitate to contact me at 651.463.1860. Sincerely, David L. Olson Community Development Director cc: Community Development and Engineering Staff Lloyd Wangerin, Centex Homes September 29, 2000 Mayor and City Council Members City of Farmington 325 Oak Street Farmington, MN 55024 Via - email: cmuller@ci.farmington.mn.us Re: Tamarack Ridge Dear Mayor and Council; Centex Homes is requesting a one-time variance for the issuance of four Foundation and Building Permits prior to the completion of street and utility work at Tamarack Ridge. Due to the fact that these townhomes do not have basements the simultaneous construction of buildings, streets and utility work for the remainder of this season is crucial due to the late starting time for this project and the proximity of winter. In late July, Centex Homes requested the ability to start up to four townhome buildings on the site prior to completion of the street and utilities. City Staff brought this item to the Planning Commission for discussion on August 8 and again on September 12. At the conclusion of these meetings it was inferred that City Staff could issue multiple permits on a job specific basis and the current overall policy would be reviewed at a later date. Centex Homes applied for Foundation and Building Permits for building 1 (see the enclosed sketch) on May 24 and received a Foundation Permit on September I. Further, we have applied for Foundation and Building Permits for buildings 2,3 & 4 on September 15. To date, Centex Homes has received a single Foundation Permit on building I and has not received a single Building Permit. At this time, the Centex Homes, Tamarack Ridge - Multifamily neighborhood has: - received City Council approval of the fmal plat. - received City Council approval and execution of the Developers Contract. - provided to the City all necessary letters of credit. - provided payment of applicable fees and charges as required by the City. - satisfied the City's Park dedication requirements. - received City Engineer approval of - Soil Erosion Control and Grading Plans. - Landscape Plan. - Final Street and Utility Plans & Specifications. Construction of improvements within the Development have also started. Mass grading is approximately 95% complete. Sanitary sewer mainline installation is complete. Watermain installation is approximately 75% complete. The City watermain and hydrant, via a City Project, were extended to our site in early September. We are presently waiting for the City to provide an available water supply to this watermain. Although the City's practice has been to require completion and acceptance of street and utility work prior to the issuance of building permits, I am confident the existing language within the Development Contract and City Ordinances would not have to be modified, hence allowing City Staff to issue multiple permits prior to the completion of streets and utilities without any additional risk to the City. The City's .: Development Contract provides all the necessary assurances, contractually and fmancially, that the development work will be completed to the City's expectations. If the City were to consent and allow multiple Foundation and Building Permits, Centex Homes, as the Developer, would assume all liability and costs associated with simultaneous constroction & coordination of streets, utilities and buildings. This flexibility is consistent with comparable practices in other municipalities throughout the metropolitan area and reflective of our short constroction season. It also provides the City with timely project development and provides Centex Homes with cohesive marketing, sales and constroction. The City would maintain control, with and through, the issuance of occupancy certificates. Prior to obtaining a C.O. for a new building, at a minimum, water and sewer service would be completed and accepted by the City. Additionally, gas, electric and telephone services would also be installed and adequate access would be provided. In conclusion, we request the City to issue Centex Homes up to four Foundation and Building Permits prior to the completion of street and utility work. Centex Homes would be available to work with staff to review the City's policy regarding building starts in townhome neighborhoods. I would like to discuss this issue with you prior to the next City Council meeting when this item is slated for public discussion. The Agenda item is; "the request for the issuance of building permits in new developments prior to completion of streets" . Sincerely, Centex Homes Steve Volbrecht Land Development Manager Es:r ~.~ ~.~ ~~I\~L~ ~~' ~ ~-~ .6 w.... ~~ ~f 'fit. ,~,.rfI" . 11 ~ '_ 1m \ ~ !i IX IN"II .~ o --m- /6.)1 ~ > ~.o..' IIDT L'-J ~~~ 'b~' i I iiFi I t I ~ I ~ '1--11; '~~ l~' . Tr~~ i \m ~ V:I ~~; ~~ I~ ~~~ ~ ~~ :r..Ir'\ I " c l..r. "! .' tl ~"'a ... J~ Irolr _~ @j li L~( .HIP I (1 , ~ I" .! II I r JlI' -" I, . . ~ g II In IT~' Hi ~ .-:10<"1. rt' IU ~ rIDl 6rj" ~~:f" ~ ~ ~ . ~ t~ '-I~~ , ~. ~l-h--~mJ 1_ nl~ ~~ . · l!1 at.::I:'\I ~ , \!(., ~!J... \.\( 1 r.tri ~ '" i iTi~~ · _n~q' ~ "'--1" "1 l:lI IIbI 1" \ ~ ,/.t. ~ ~ h... L \l; ~\ ') " '~!IL-, n~~~ ~+: "j J ;: A~ L..., r'"1 ~ ~ ~ ~ i i ~~l!. '- ~~ ~ff[1~Jd/~ 191 ~ I ! ~ 7:& !' ~ be T ~ . . I "''1~ ~ II - ~~* ___ l- I 0 0}~~ · ~: ~ >-,1, i Is,llh ~ '" L h.. ~ .... :: '1>0;_,'-'" ~~ I~D ~r... "Iw. t/(), ~ o~~& ~~......, 11 > ;Q ^ R, AVI:. 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The Planning Commission considered it again at their September 12, 2000 meeting. DISCUSSION Recently there has been considerable discussion on a number of issues associated with the proposed 2005 MUSA expansion as well as the need to update the City's Zoning Ordinance to make it consistent with the recently approved Comprehensive Plan. The memo dated August 30, 2000 to the City Council and Planning Commission outlined the issues to be considered. The following five action items were discussed: 1) Determine the level of support for the recommended technical requirements associated with MUSA Expansion Criteria. 2) Determine the level of support relative to the requirements that properties must be annexed prior to MUSA designation. 3) Determine the level of support of a shift of MUSA acres from the Low Density Residential designation to the Medium Density designation. 4) Determine the level of support for a 2005 MUSA Designation Postponement Period of 10 months (or 12 months as suggested at the meeting) to allow for the City Zoning and Subdivision ordinances to be updated to be consistent with the approved 2020 Comprehensive Plan. 5) Determine the level of support relative to the proposed exceptions to the 2005 MUSA Designation Postponement Period as identified. The Planning Commission recommended the following on the above five action items: 1) The Planning Commission recommended adoption of the proposed MUSA Expansion Criteria with two minor modifications. A copy of the criteria with the modifications is attached. 2) The Planning Commission recommended support of the policy requiring that properties be annexed to the City prior to receiving consideration of MUSA designation. 3) The Planning Commission recommended the completion of an evaluation of all property owner MUSA requests based on the approved criteria before determining their support for a shift of MUSA acres from Low Density to Medium Density Residential designation. 4) The Planning Commission recommended a postponement of up to 12 months for the designation of 2005 MUSA Acres totaling 610 acres with the following exceptions. This is to allow for the update of the City's Zoning Ordinance 5) The Planning Commission recommended exceptions to the 12 month MUSA postponement period to include non-profit and other governmental uses including school sites, Industrial Park Expansion, and completion of previously approved Planned Unit Developments. (This only impacts the Middle Creek Estates PUD). There was also considerable discussion regarding the possibility of pursuing a dual track to include the completion of the Zoning Code Update and a determination of which properties should be included in the 2005 MUSA. The actual designation of this MUSA would not take place until the Zoning Code Update has been completed. The Planning Commission indicated support for this approach to this issue. ACTION REOUESTED 1. Adopt the proposed MUSA expansion criteria as recommended by the Planning Commission. 2. Consider the attached resolution to. adopt the above listed recommendations in regards to additional MUSA designation postponement and criteria. Respectfully ~ David L. Olson Community Development Director RESOLUTION NO. R -00 2005 MUSA EXPANSION POSTPONEMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in Council Chambers of said City on the 2nd day of October, 2000 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington prepared a Comprehensive Plan Update for the City of Farmington in accordance with the Metropolitan Land Planning Act; and, WHEREAS, the Metropolitan Council approved the City of Farmington's Comprehensive Plan on March 22, 2000; and, WHEREAS, the City Council approved the Comprehensive Plan on May 15,2000; and, WHEREAS, the Planning Commission has recommended criteria for the consideration of future MUSA designation of available undesignated MUSA acres; and, WHEREAS, the designation of MUSA and extension of public infrastructure and services to developable properties is significantly affected by the proposed use of the subject properties; and, WHEREAS, the City of Farmington is required to amend it's Zoning Ordinance regulating the use and development of land within the City to be consistent with the recently adopted Comprehensive Plan. NOW, THEREFORE BE IT RESOLVED that the City Council hereby elects to postpone the designation of additional MUSA except for non-profit and government facilities including schools, churches, industrial park expansion, and previously approved Planned Unit Developments for a period not to exceed twelve months from the date of this resolution. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of October, 2000. Mayor Attested to the day of October, 2000 City Administrator SEAL Proposed MUSA Expansion Criteria City have developed the following proposed criteria that may be used in determining where MUSA expansions should occur: 1. Proximity of property to transportation corridors (i.e. 19Sth Street between Akin Road and TH 3, 20Sth Street between CSAH 31 and TH 3, etc.) to promote construction of transportation corridors as identified in the City's 2020 Comprehensive Plan. 2. Proximity to existing infrastructure and whether it is economically feasible to connect to existing and/or planned infrastructure, identified in the 2020 Comprehensive Plan. 3. Property within the Industrial/Business Park or other industrial/commercial areas to promote tax base and employment opportunities as identified in the City's 2020 Comprehensive Plan. 4. Proximity to the central area of City (east of Pilot Knob Road and west of Trunk Highway 3) to promote the connection of the northern and southern portions of the City. 5. Property that provides location for necessary public facilities - public, quasi-public and other institutional uses. 6. Feasibility of providing municipal services (police, fire, public works, or parks) to the proposed property. 7. Variety of land uses proposed by developer (i.e. Low, LowlMedium, Medium and High Density Residential, Business, Industrial, etc.) that supports the City's 2020 Comprehensive Plan. S. MUSA expansion areas should generally follow section lines, natural drainage ways and sanitary sewer districts. 9. Property cannot be considered for MUSA designation until an annexation petition has been filed and approved by the Council and filed with the State Planning Agency. 10. Other criteria that may be determined by the Planning Commission and City Council. City of Farmington 325 Oak Street, farmington, MN 55024 (651) 463-7111 fax (651) 463-2591 www.ci.farmin~on.mn.us lOG TO: Mayor and Council Members, City Administratorqppp_ _ Lee Smick, AICP Planning Coordinato FROM: SUBJECT: Consider Resolution - Tamarack Ridge - Fannington Family Townhomes Development Contract DATE: October 2, 2000 INTRODUCTION The Development Contract for Tamarack RidgelFarmington Family Townhomes has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat. DISCUSSION The Planning Commission recommended approval of Tamarack RidgelFarmington Family Townhomes 1st Addition Preliminary Plat on May 9, 2000, the City Council approved the Preliminary Plat on May 15,2000 with three conditions attached, all of which have been resolved with the final plat approval. The Planning Commission approved the Tamarack RidgelFarmington Family Townhomes 1 st Addition Final Plat on June 13,2000, the City Council approved the final plat on June 19,2000 with Resolution 46-00. The City Attorney has reviewed and approved the Development Contract for the Tamarack RidgelFarmington Family Townhomes 1st Addition; the 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) Outlot F is dedicated to the City for park purposes. d) 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 s\ 2001. The Developer will post a surety for said improvements by April 1 s\ 200 I. 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. e) 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 IS" 2001. The Developer will post a surety for said improvements by April 1 s" 2001. ACTION REQUESTED Consider resolution approving the execution of the Tamarack RidgelFarmington Family Townhomes 1 sl Addition Development Contract and authorize its signing contingent upon the above conditions and the finalization of the Trunk Storm Water Credit calculation. ReSpe~fullYhsu~m<Jitt-ged' , /" ,/" ~ 0~'~ Lee Smick, AICP Planning Coordinator cc: Jim Deanovic, Farmington Family Housing Limited Partnership RESOLUTION NO. R- APPROVlNG DEVELOPMENT CONTRACT TAMARACK RIDGE FARMINGTON FAMILY TOWNHOMES DEVELOPMENT 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 2nd day of October, 2000 at 7:00 P.M. The following members were present: The following members were 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 1 st Addition. WHEREAS, pursuant to Resolution No. R46-00, the City Council approved the Final Plat of Tamarack Ridge I st Addition subject to the following conditions. a) The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement. c) Outlot F is dedicated to the City for park purposes d) 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 1st, 2001. The Developer will post a surety for said improvements by April Pt,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. e) The Developer will be responsible for the construction of Cantata A venue and 20gth Street between Cantata Avenue 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 1st, 2001. The Developer will post a surety for said improvements by April IS" 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 2nd dav of October, 2000. Gerald Ristow, Mayor Attested to this _ day of ,2000. SEAL John F. Erar, City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 2nd day of October, 2000, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Farmington Family Housing Limited Partnership, a Minnesota Limited Partnership (DEVELOPER). 1. Request for Development Approval. The Developer has asked the City to approve a development for Farmington Family Housing (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the DEVELOPMENT). The land is legally described as: Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 1 of Tamarack Ridge, according to the recorded plat thereof, Dakota County, Minnesota. 2. Conditions of Approval. The City hereby approves the development 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) Outlot F is dedicated to the City for park purposes. d) The developer will be responsible for the construction of 209th Street between Trunk Highway 3 and Cantata A venue 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 I", 200 I. The Developer will post a surety for said improvements by April 1 'I, 2001. The developer will be reimbursed by the City for the 209th Street improvement costs apportioned to the residents along the south side of209th Street. e) The developer will be responsible for the construction of Cantata A venue 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 1 st, 2001. The Developer will post a surety for said improvements by April 1'1, 200 l. 3. Development Plans. The Developer shall develop the development 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 development. 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 Reauirements. At any location within the development 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 development shall be included. 5. Zoninl!lDevelopment Map. The Developer shall provide an 8 I12" x 14" scaled map of the plat and land within 350' of the development 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. Reauired 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 l. 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 October 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 final wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for fmal acceptance of streets and utilities. 10. Gradin2 Plan. The development 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 development is in full compliance with the erosion control requirements. The Developer is responsible for Erosion and Sediment Control costs that are billed as part of inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $198 based upon the number of acres in the development. 12. Landscaping:. The Developer shall landscape the development in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to I shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining 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 development shall be developed in one (I) phase in accordance with Plans A-F. Lots I - 9, Block I are to be developed under this contract. 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 fmal 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 development. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of $34,415 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 development 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 Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water area charge of $8,010 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 development 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 $16,256 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 development 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 Chare:e. The Developer shall pay a sanitary sewer trunk area charge of $6,185 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 development 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 4 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. 20. Park Dedication. The Developer shall pay a park dedication fee of $14,101 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 development over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $0 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 $272 based upon the number oflots 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 development and construction of all public improvements in the development, the Developer or agent or contractor of 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 $225,787. 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 amount of the security was calculated as follows: GradinglErosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ N/A* $ 27,250 $ 53,750 $ 18,250 $ 75,750 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 2,250 $ 10,000 $ 13,750 $ 1,250 $N/A Two Years Principal and Interest on Assessments $23,537 This breakdown is for historical reference; it is not a restriction on the use of the security. * The GradinglErosion Control is secured by a separate letter of credit. 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. Existine: Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 31. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. 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. Ifthe 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. J. 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 deviations from the above hours are subject to approval of the City Engineer. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30. 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 Deanovic Farmington Family Townhomes Limited Partnership 9465 Amesbury Lane Eden Prairie, MN. 55347 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 Farmington 325 Oak Street Farmington, MN 55024 8 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: John F. Erar, City Administrator DEVELOPER: Farmington Family Townhomes Limited Partnership By: Its: General Partner James P. Deanovic Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 9 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of ,20_ by Gerald Ristow, Mayor, and by 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 ,20 by ,the of Farmington Family Townhomes Limited Partnership, a Minnesota Limited Partnership. Notary Public 10 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us lOci TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Communications - Representative Dennis Ozment DATE: October 2, 2000 INTRODUCTION The City has received a communications from Representative Ozment citing concerns associated with the City's policy on project assessments as they apply to properties in agricultural preserve status. DISCUSSION City Attorney Joel Jamnik is in the process of preparing a legal opinion that will be presented to Council as a supplemental item discussing the City's position on this issue. In terms of the actual situation, the City had conveyed to the property owner in question that project assessments would not be levied against his property during the time it remained in agricultural preserve nor would any accrued interest be charged during this same period of time. It was indicated, however, that when his property was removed from agricultural preserve status, the levying of special assessments on the property would be evaluated as development occurred. This was the same rationale applied to all other property within the project area. The issue in question relates specifically to the City's right to specially assess the property at the time the property is removed from agricultural preserve or green acres status. Apparently, the property owner believes that his property should not be assessed for the road improvements at any time regardless of whether the property fully develops. This issue was addressed very thoroughly at the time of the project hearings with Mr. Devney and it was indicated that road improvements have a significant effect on the ability of the property to develop and consequently confers benefit and value to the affected property. ACTION REOUESTED In order to ensure a clear understanding of the issue by Representative Ozment, it is suggested that a meeting be scheduled with Rep. Ozment to more fully discuss this situation, and in particular the rationale for the City's position. Participants of this meeting should include a Council representative and appropriate City staff. If Council concurs with this recommendation, my office will coordinate the scheduling of a meeting with Representative Ozment. itted, file Dennis Ozment State Representative District 37 A Southern Dakota and Northwestern Goodhue Counties Minnesota House of Representatives CHAIR, ENVIRONMENT AND NATURAL RESOURCES POLICY COMMITTEES: ENVIRONMENT AND NATURAL RESOURCES POLICY, ENVIRONMENT AND NATURAL RESOURCES FINANCE; , COMMERCE; REGULATED INDUSTRIES SUBCOMMITTEE; RULES AND LEGISLATIVE ADMINISTRATION September 7,2000 John and Mary Ann Devney 5788 212th Street West Farmington, MN 55024-9621 Dear John and Mary Ann, This letter is in response to an issue which you brought to my attention concerning land enrolled inthe Metropolitan Agricultural Preserve Program under Minnesota Statues Chapter 473 H. The M~tr9 Agpreserve Ac~-generallyprohibits Specialassessments from being imposed on land that is enrolled ih the program. As provided in M.S. section 473HJ 1: ".....Public sanitary sewer systems, public storm water sewer systems, public water systems, public roads, and other public improvements built on, adjacent to, orin the vicinity of agricultural preserves after August 1, 1993, are deemed of no benefit to the land and buildings in agricultural preserves. II In effect, this language prohibits imposing special assessments against property enrolled in agricultural preserves. It deems that the improvements are of "no benefit" to the land and buildings, and therefore, given no benefit; Chapter 429 cannot be used (Chapter 429 is special assessment law). To the best of my knowledge, there have been no appellate or supreme court cases on this subject. I understand that the City of Fanning ton interprets this language to mean that if and when land is removed from the an ag preserve program (i.e the 8 year covenant has been exercised and the 8 years have expired), that property will or may (depending upon what the city decides), be assessed for some or all of the remaining special assessments, which began when the property was enrolled in the program. The City of Fannington reflected this position in the minutes of a November 1999 meeting, by stating that "...the City reserves the right to specially assess subject property for road improvement costs." I question whether the law permits this. Let's take an example: the city decides to undertake a special asse.ssment project which is in the vicinity of some property that is currently enrolled in the ag preserve program. Initially, in year I, the city determines the benefit on each property and the resulting amount that each property 3275 145th Street East. Rosemount. Minnesota 55068 (651) 423.1331 State Office Building, 100 Constitution Ave., St. Paul; Minnesota 55155-1298 (651) 296-4306 no email: rep.dennis.ozment@house.leg.state.mn.us Home Fax (651) 322-2491 Office Fax (651) 296-4121 TTY (651) 296-9896 tiJ John and Mary Ann Devney September 7, 2000 Page Two must pay of the 15 year project. The city is prohibited from imposing any special assessments on that property. In the 10th year of the project payment schedule, the property comes out ofag preserves. Given Farmington's interpretation of this law, they feel that they have the right to impose a special assessment charge against this property for the remaining 5 years. I disagree with this interpretation for several reasons. , First, I think the language in M.S. Chapter 473H.11 specifically prohibits this----there is no benefit to this property. The legislature, by enacting this language, protected landowners from having these charges imposed on their property, as in contrast to ag property enrolled in the green acres program, in which the special assessment amount is merely deferred until the property is no longer in that program. Second, I think it evades the spirit of the law. We purposefully designed the program so that property owners enrolled in it would not be threatened by costly special assessments levied against their property. I feel this protection was for the life of the special assessment, and not just for part of it. Imposing these costs on. the remaining years of the assessment seems more similar to a "partial deferral," although I understand no interest charges would apply to the remaining amounts, following the procedure used in the case of ag property enrolled in the green acres program. Third, this program is, in part, a land planning tool. Local governments do not have to allow property in the program if their city's plans foresee these types of improvements on the near horizon. Once in the program, the property owner OR the city can start the 8 year termination process. If a city properly plans, there should be time for property to be taken out of the program before these types of special assessment costs are required. Even if the city wants the property out of the metro ag preserves, that taxpayer would probably still qualify for the green acres program, which is a deferral. If, by some chance, the city changes its plan and does not allow for the 8 year window, then it's the city's loss, not the landowners. If necessary, I may author legislation in the 2001 session toc1arify this issue more definitively. I hope you find this letter helpful. If I can be of further help please contact me. Dennis zment State Representative cc: Mayor Gerald Ristow Council Members Farmington City Administrator John Erar' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /0<::, TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Confirm Council Workshop Date - Ash Street Project DATE: October 2, 2000 INTRODUCTION The Ash Street/Prairie Waterway III Project feasibility report is approaching completion. As was discussed earlier in this process, feasibility report fmdings will need to be discussed with representatives from Castle Rock Township and Dakota County. A tentative meeting date has been scheduled for October 18,2000 at the Dakota County Extension Services Building at 7:00 p.m. DISCUSSION City engineering staff and township engineering consultants are in the process of completing the joint feasibility report dealing with the reconstruction of Ash Street and the expansion of Phase III of the Prairie Waterway. As previously decided by Council and the Township Board, ajoint meeting with the township should be held to discuss feasibility report findings. As Dakota County is a potential project participant in funding this public improvement, county officials have also been invited to attend. ACTION REOUESTED Confirm October 18, 2000 at 7:00 p.m. as the meeting date for a Joint Council Workshop to discuss the Ash Street/Prairie Waterway III project feasibility report. Respectfully submitted, /7 file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOr: TO: Mayor, Councilmembers, City Administrato~ Karen Finstuen, Administrative Services Manager FROM: SUBJECT: Vacated Water Board Seat DATE: October 2, 2000 INTRODUCTION Mathew Crawford has resigned his seat on the Water Board because he is moving from the City. The term of the seat is through January 31, 2002. DISCUSSION Enclosed are copies of applications received earlier this year when another vacancy occurred on the Water Board. The following candidates were interviewed at that time: Robert Doll Thomas Jensen Both applicants have been contacted and continue to be interested in appointment to the board. A third candidate was interviewed in May and is no longer interested in the seat because he will be moving out of State shortly. The appointment process policy is attached for your review. If Council wishes to re- interview the candidates, this could be done prior to the October 16th or November 6th City Council meeting. ACTION REOUIRED Accept the resignation of Mathew Crawford from the Water Board, effective October 25th, and establish a date for interviews. Respectfully submitted, cf}~~~ Karen Finstuen Administrative Services Manager September 25,2000 Jerry Ristow Mayor City of Farmington 325 Oak Street Farmington,:MN 55024 Dear Mayor Ristow; I respectively request you except my letter of resignation from the City of Farmington Water Board effective October 25th. I have enjoyed the opportunity to serve the City of Farmington as a Water Board member and will miss the unique challenges faced by the Board as the City grows. It was not an easy decision to leave Farmington, but when my wife and I found out we are to be parents of triplets we decided to move closer to family and friends in southern Minnesota. We will be leaving Farmington on October 26th for our new challenges with our soon-to- be growing family. I would like to thank you and the Council for the opportunity you gave me and apologize for any problems this may cause. Sincerely, ~ ~~ord 18330 Embers Ave. Farmington, MN 55024 .. .c' ~ CITY OF FARMINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Name Ro b~ r1 D~ /1 Date of Application 7 UP lop Address 2tJP'l~ (J(I/JDa..r A,., DaytimePhone#l'~ 98f"-f/S'wJ Employed By llfl tJ+ LaC,lJi/le IJfi/i-t~'_1 p~ Board or Commission you wish to serve on W 4 f ~ r e, If r '" Qualifications (Cover pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) ':1.tJ '1P/V ~~ ~ ~ ~ V f'/-r# ~ ~ ~~ ~ ~ ~ ~- ~ 1'1/1'7- SC --'-~ If'!;" I IS ~ :;,~,~ fiN' "~J /v4- '1'~ {"r~,. ./~....,~ ~ -,~;t;1T J /J e-.~ U-4~ ~- ~ ~ ~-~.,4. State briefly, your reasons for seeking an appoinnnent to this board or commission lk.e~ I( ~;~~~ '11'~ ~ 1'1'7' ''"~ ~ ~ J!.~ 4V.;.r ~ 11 J.~.tf ~ ~-.t .~ ~ J'~ L:J' ~ ~ H~ /~~. R!w, ~ ", ~ -cA Sr~J ~.M~ ~ ~/ ~~.;r ~ :.:t ~"q ~~~ ' .I~~l References (list any references you wish that would be familiar with your qualifications for the position). Jjlh S17jUPE IIfIIJ'Ir,s1/. . D/~ k h,," //'" ~JI (J-/;/;fa S'(Jf l'lt S ell"''' filiI/fa SlIpf Signature ~ ## (90) '1.9- 5379 ( '~I J 1',..1- 851J~ , ('5~) ~B'5- YFSJ Date W~ ;,~ CONTINUING EDUCATION DOCUMENTATION FORM DATE COURSE HRS INSTITION 2/??/79 Problem solving in small groups 16 Dakato Co. Tec. 01/21/1981 Collection System Seminar 16 MN. Health Dept. 03/30/1982 Basic Water School 16 MN. Health Dept. 04/05/1983 Basic Water School 16 MN. Health Dept. 04/07/1983 Passed C. Water Exam. MN. Health Dept. 1/-/84 Combined Water School 16 MN. Health Dept. 04/23/1985 Advanced Water School 16 MN. Health Dept. 04/08/1986 Basic water School 16 MN. Health Dept. 04/18/1987 Combined Water School 16 MN. Health Dept. 04/20/1987 Passed B. Water Exam. MN. Health Dept. 1/--/88 Combined Water School 16 MN. Health Dept. 05/09/1988 Hazardous Material Awareness 4 Dakato Co. Tec. 10/15/1988 Managing Hazadous Materials 8 Hutchinson Tec. 1/-/89 Combined Water School 16 MN. Health Dept. 04/08/1989 Hand-on Hazmat School 16 Safty Systems White Springs~ FL. 11/06/1989 Hand-on Hazmat School 40 Safty Systems 04/07/1990 Hazardous Railroad Leak,s & Spills 8 Safty Systems 4/--/90 Combined Water School 16 MN. Health Dept. 07/01/1990 Hazmat Operational Level 45 Dakato Co. Tec. 07/01/1990 Hazmat Level I Instructor 45 Dakato Co. Tec. 08/20/1990 Fighter IT MN. Fire Service 1/--/91 Collection Systems Seminar 16 MN. Health Dept. 08/30/1991 Fire Instructor IT MN.Fire Service 4/--/92 Advanced Water School 16 MN. Health Dept. 04/04/1992 Aircraft Fire and Rescue 6 Rochester Fire School 04/04/1992 Extrication-Farm Vehicles 6 Rochester Fire School 12/--/92 Water Treatment Plant Operation Volume I Corespondance Course 90 Calif.State University 1/--/93 Collection Systems Seminar 16 MN. Health Dept. 06/07/1993 Hazard Material Tech. Hennepin Tee. College 08/30/1993 Fire Apparatus Operator ill MN.Fire Service 11/--/93 Teach Yourself Windows. Computer Training Videos 02/04/1994 Teaching License MN.State Board Of Technical College 03/19/1994 High Angle Rescue 12 Rochester Fire School 4/--/94 Advanced Water School 16 MN. Health Dept. 08/26/1994 Water Treatment Plant Operation Volume II Corespondance Course 90 Calif. State University DATE COURSE HRS INSTITION 09/09/1994 MN. Disater & Hazardous Materials Management 10 Hennepin County . .1/25/1995 Collection Systems Seminar 16 MN. Health Dept. 06/27/1995 Passed SC. Wastewater Exam. MN. Health Dept. 4/-/96 Advanced Water School 16 MN. Health Dept. 11/25/1996 Boiler Licence (Special) Dept. of Labor & Industy 1/-/97 Collection Systems Seminar 16 MN. Health Dept. 4/-/98 Combined Water School 16 MN. Health Dept. 04/19/1998 DMS3500 Environment Controls 16 Siebe (UbI Co.) 9/29-30/98 Boiler OperatorslMaint. Seminar 14 Dept. of Labor & Industy 09/30/1998 Boiler Licence (2nd C ) Dept. of Labor & Industy Janl1999 Collection Systems Seminar 16 MN. Health Dept. CITY OF FAR.'\IlNGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Name ~~ e. (}Pw~ C Address "70 t ~/, s f r c; ,. M ,Ht .;:-" -- Date of Application 6-/; / ~ 0 Daytime Phone # 6~/ - i/4:3 - 'is? 5"""7' EmployedBy ~ c:rf;; v J,n u-J~ Board or Commission you wish to serve on W J- eY f30tLYR Qualifications (C over pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) E; Yl 0 ;~~'.r'-e.j bv~' i? ~ "f-I c;C ;:- G T tJ f ... '"J ' / '-":.<- /r) (; c.. / ~o-.( f-< ~ , , eta:;..;$" lJ w p_t!Jv ).. tee -/5" (" ". ,,:.. .? !..; -,' ,.l,./ 1 ..IJ\~. \. -"--,', .J. ~~, I ;'J FI;"r:: r ) .'"" "/./-t-!/}./ J ; 7 V .01." ..... '/ ~ ~, ;'..:> -< I' ~ /" ," .r:. I'" /if ..... /"! - . ~ ,..--h! t!..(, j ,-,n a. ~ ';' tv! ,u.., " ;::-~7'N f--;"'''''~ ~J"",u -I /J~.J5 ~ .....;J'y/ . , e!'~.Hn,:i"'(!' ~ I'M et;"/1tf1~"" ~t -t-h'('! C a I yo H-\ I R' S .,..;.~ t:1 ct""'f.:) I.) r!.J +ov F,.~ 0",/ C/'IA".'~ ~",!>>.i~ i5"~$Jii';"i, r,V o.S 1"'1 I) I..... 1i;;,oJ r ~ y I '- -"....!.:t:.:S ...;..\ l<;; ~ ... J.. . State briefly, your reasons for ~eeking an appointment to this board or commission I 11 c1 ij-e J..~ .,~. '- l< f., -f' ,I /' l'/, r G "V eli' 01 'k.-v' "'1'-'" ;.. ~ w .( Y" r:r..-~ ahnUfl I \' ..J . .. / /' J...bl1 r~iI;) a../4t.l.tj,;t /i!, c..";JJ 4,hyt,:t u/"J",7h (Jvt!V' i/tJ;H J t!'~ a'1- wa.-i..e,. .,; I II t,.U 0 iA,..; . 1/< ~ -j) ~(.(." wCI--teY' ~ if.,; t,. C-1ht i~>....<IA -Hv /. ; . M v ,"rLld~,.;,( f , , tVVlJ c f" :/l~ 1(,$ '.t IS -;~cl;ty t: 17 .( 11'''''; I7v'I e ; .-;l()~t-l' b ~ 'J Q.. tJ '1.1. to lJa ;~ :tAl a..l--e.v q/.J/I 1/ ; ,1 -4 I / . J) ../- / J -t ! ila-r- W. ti n..9 ' / References (list any references you wish that would be familiar with your qualifications for the position). J e e /If tJ...-VJ. 1'1 f3t:-11 4J -et e rk-e.. fdrWl ,:~ a.~/,e;.. lA...xu' i< 5 J,-re.chv (/ F(J..r"Io1o{/I'~~ HJo/t~ vVOvk: ::. 5 "'-)0-.., / , Signature- I~~ ~ 5lwJ-.Vk t/ Date ~-~r~() , COUNCIL POLICY - 101-05-1997 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose. of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code.