HomeMy WebLinkAbout08.21.00 Council Packet
COUNCIL MEETING
REGULAR
August 21, 2000
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS (Open for Audience Comments)
a) Cable Franchise Agreement
7. CONSENT AGENDA
a) Approve Council Minutes (8/7/00) (Regular)
b) Consider Resolution - Accept Donation Senior Center
c) Consider Resolution - Accepting Safe and Sober Grant
d) Consider Resolution - Approve Gambling Event Permit
e) Consider Resolution - Schedule 2000 Sealcoat Project Assessment Hearing
f) Consider Resolution - Schedule County Road 72 Project Assessment Hearing
g) School and Conference - Administration Department
h) School and Conference - Community Development Department
i) School and Conference - Police Department
j) Approve Bills
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Consider Resolution - Tamarack Ridge/Rock Cliff Development Contract
b) Consider Resolution - Tamarack Ridge/Centex Development Contract
c) Consider Resolution - Middle Creek Estates (formerly Murphy Farm)
Preliminary Plat
d) Consider Subdivision Variance Request - Vermillion Grove
e) Consider Rottlund/DR Horton Request for Public Improvement
11. UNFINISHED BUSINESS
a) Proposed 2001 Budget - Update
'2. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
-
Action Taken
Information Received
Af)proved
R60.00
R61-00
R62-00
R63.00
R64.00
Information Received
Information Received
Information Received
Approved
R65-00
R66-00
R67..fJO
Approv~d
R68..00 .
Informiltton Rece.iyed
City of Farmington
325. Oak Street, Farmington, MN 55024
(651) 463-7111 fax (651) 463-2591
www.ci.fal.J11ington.mn.us
~CL,
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: Citizen Concerns - Cable Franchise Agreement
DATE: August 21, 2000
INTRODUCTION
Mr. Leon Orr appeared at the August 7, 2000 Council meeting and raised several concerns
regarding the City's cable franchise agreement. In particular, Mr. Orr indicated that in his opinion
any cable franchise fees received in excess of costs directly related to cable television
programming is essentially a "tax". According to comments made by Mr.Orr, cable subscribers
do not know they are being charged by the City of Farmington. In addition, Mr. Orr questioned
the appropriateness of the composition of the Franchise Agreement's "Gross Revenue" formula
which is used to calculate City franchise fees.
Council should note that a meeting with Mr. Orr was previously held on August 4, 2000 to
discuss his concerns and to provide Mr. Orr with additional information relative to his specific
requests for information. At the meeting on August 4, Mr. Orr expressed views that were similar
to those he presented to Council at the August 7 meeting. Attached is a copy of a letter that was
sent to Mr. Orr in response to a letter he sent to the Farmington Independent that was published
on July 20, 2000.
DISCUSSION
In response to issues raised by Mr. Orr at the August 7, 2000 Council meeting, the following
information should hopefully clarify some of the issues raised.
Franchise Fees - Policy Basis
First and foremost, the City Franchise Fee is not a tax on City residents, nor does the City impose
franchise fees on cable subscribers. Pursuant to federal law, cable television subscribers are
charged a franchise fee by the cable company in their sole discretion as a pass through charge to
their customers.
Franchise fees are imposed by the City on cable companies as a user fee for their private
business use of the public right-of-way. Franchise fees charged by the City are no different than
any other costs a private business concern must pay in the course of transacting its business such
as utility bills and payroll costs. Consequently, City taxpayers have a right to recover these costs
Mayor and City Council
Citizen Comments - Cable Franchise Fees
Page 2 of4
and should expect a financial return on publicly-owned assets that allow a private concern, such
as a cable company, to generate a profit on the services it provides to paying customers.
Again, the decision by the cable company to pass these costs on to their customers is solely at
their own discretion, and is in no way mandated, encouraged or required by the local jurisdiction.
The company's decision to separate this charge on their monthly bill to cable subscribers is also
at the company's discretion. In essence, every expense a business incurs is paid either directly or
indirectly by its customers either through the cost of the product or service provided or in this
case as a pass through charge. Ostensibly, every company has the option of either absorbing its
business expenses by reducing its profit margins or increasing its prices. In this particular case,
the cable company has chosen to pass this cost on directly to its customers.
Franchise revenues derived from a private entity's use of public right-of-ways is a well-accepted
public and legal doctrine that is a cornerstone of Federal Telecommunications Act of 1996.
Federal and state law clearly support a government jurisdiction's right to charge private users of
the public right-of-way, and to allow the use of these revenues for any purpose deemed
appropriate by the governing body. Under federal law, a jurisdiction may charge up to 5 percent
of the company's gross revenues. This is the case under the City's current franchise agreement.
Local Government Use of Franchise Fees
Further, the use of City franchise fees is not limited exclusively to providing services to cable
subscribers. In fact, this source of revenue, under federal law, can be used by local jurisdictions
for any purpose deemed appropriate by the local government. Many communities use franchise
fees as a general fund revenue source to reduce the need to increase City tax rates and to fund
programs that provide a general benefit to the entire community. The same rationale holds true
for communities that charge franchise fees on natural gas and electricity. Again arguing that the
fees generated from the use of public right-of-way should benefit the entire community, and not
just the customers of the company using the public right-of-way.
The taxpayer's right to expect that public assets will be managed in such a way as to provide the
greatest public benefit is no different than expecting that City investment of public funds be
maximized (within the law) to provide the greatest financial return. Consequently, whether those
public assets are in the form of cash, buildings, or land, the City has an obligation to maximize
the public benefit that may be realized from public assets.
In this City, the governing body has indicated that franchise fees should be used to enhance
public communication efforts in general, and to reimburse the City for costs associated with
managing and maintaining the public right-of-way. As the City is just beginning its entrance into
public programming, the need to ensure adequate long-term funding is critical to these efforts.
Franchise Fee as a User Fee
The use of public right-of-way by private concerns should be viewed as a user fee not to the
actual customers of the private concern, but to the private concern itself as the company's service
Mayor and City Council
Citizen Comments - Cable Franchise Fees
Page 3 of 4
infrastructure occupies the right-of-way. Public right-of-way is owned by the government
jurisdiction, which in turn is comprised of all City taxpayers. Any revenues derived from these
public assets (right-of-way) should be used to benefit the entire community as a financial return
on the City's real estate holdings. The Council has wisely chosen to support this public doctrine
which in turn allows the City to expend these fees for the overall benefit of the public.
Gross Revenue Calculations
With respect to gross revenue calculations for the purpose of calculating franchise fees, Mr.
Thomas Creighton, the City's telecommunication counsel has indicated that federal law allows
government jurisdictions to include franchise fee revenues as part of the gross revenue base
formula. Mr. Creighton indicated that cities across Minnesota and the entire country have
adopted similar formulas. However, Council is free to amend the base formula as it deems
appropriate.
The consequences of altering this formula, of course, would be a reduction in franchise fee
revenues collected from private cable concerns utilizing the public right-of-way. Mr. Creighton
will be in attendance at this meeting to respond to any questions the Council or Mr. Orr may
have.
During the course of Mr. Orr's comments, he stated that the Burnsville-Eagan Franchise
Agreement does not include cable modems, and the "fee is only on your cable television bill." I
have obtained a copy of this agreement and attached it to this staff report. It should be noted that
Mr. Orr's comments were imprecise as this franchise agreement also includes franchise fees,
cable modems, internet and even includes revenues from home shopping networks in their
definition of "gross revenues" as a basis for calculating franchise fees.
Finally, it should be pointed out that Farmington has charged an annual cable franchise fee since
1971 in the form of a flat fee until 1984 when a three percent franchise fee was imposed by City
ordinance. It should also be noted that the Council ordinance adopted on December 1982,
included the provision even then that the franchise fee would be based on "annual gross revenues
of the franchisee." This provision stipulating "annual gross revenues" would have been in effect
since that time, and consequently is not new in terminology, but continues to expand in meaning
as new communication technologies and markets develop.
In 1998, the franchise fee was increased to five percent by City ordinance for collection in 1999.
CONCLUSIONS
In review of the issues that have been raised, it is important to accurately communicate the
following information to the public:
. City franchise fees are not a tax, but is actually a user fee imposed on business concerns that
privately utilize public right-of-way to transact business for a profit.
Mayor and City Council
Citizen Comments - Cable Franchise Fees
Page 4 of 4
. The City Council does not impose franchise fees on cable subscribers but on companies who
use public right-of-way.
. Decisions on how a franchise fee will be paid is made by the company in its sole discretion,
not by the City.
. As franchise fee revenues are derived from the private use of publicly-owned jurisdictional
assets i.e. real estate, it is reasonable to argue that franchise revenues should benefit the entire
community and all City residents.
. Franchise fees are, in essence, a financial return on publicly held assets similar to other City
investments that should be maximized to reduce the City's reliance on the property tax levy.
. The composition of "gross revenues" is guided by federal law and negotiated with the cable
company. The use of gross revenues has been the basis for calculating franchise fees since
1982.
. City franchise fees, calculated as a percentage of gross revenues, have been in existence since
1982, and have been properly expended by the City in accordance with federal law and
Council budget directives.
ACTION REOUESTED
For information only.
File
Cc: Mr. Leon Orr, 19161 Echo Lane, Farmington
Mr. Tom Creighton, City Cable Franchise Advisor and Counsel
Mr. Joel Jamnik, City Attorney
Mr. Tom Lawell, Apple Valley City Administrator
Mr. Tom Burt, Rosemount City Administrator
Mr. Mark Moore, Apple Valley-Farmington-Rosemount Cable Coordinator
Mr. Michael Reardon, Burnsville-Eagan Cable Coordinator
AUG. 10.2000 8:21AM
,
..........'
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NO.510
P.2/2
B iWn5 ~il'll<- / E Q ~ (.1-tl ~
~()rnm'$SI"on - 1ra.nC~ SaVet..mt
6 MHz channel on the System set aside by the Grantee, the City and/or the
Commission for Noncommercial use by the City or its delegatee.
t.
"Grantee" is MediaOne North Central Communications Corp., and its
lawful successors, transferees or assignees.
u.
"Gross Revenues" means any and all revenues arising from or attributable
to, or in any way derived directly or indirectly by the Grantee or its Affiliates,
subsidiaries, or parent, or by any other entity that is a cable operator of the
System, from the operation of the Grantee's System to provide Cable
.Services (including cash. credits, property or other consideration of any kind
ornatu.re). Gross Revenues include, byway of illustration and not limitation,
monthly fees charged to Subscribers for any basic. optional, premium. per-
channel. or per-program service. or other Cable Service including, without
limitation, Internet access and Cable Modem service fees charged to
Subscribers, to the extent such services are offered as a Cable Service under
applicable law; Installation, disconnection, reconnection, and change-in-
service fees; Lockout Device fees; Leased Access Channel fees; late fees and
administrative fees; fees, payments or other consideration received from
programmers for carriage of programming on the System and accounted for
as revenue under GAAP; revenues from rentals or sales of Converters or
other equipment; fees related to commercial and institutional usage of the
System or the I-Net; advertising revenues; interest; barter; revenues from
program guides; franchise fees; and revenues to the System from home
shopping, bank-at-home channels and other revenue sharing arrangements.
Gross Revenues shall include revenues received by an entity other than the
Grantee, an Affiliate or another entity that operates the System where
necessary to prevent evasion or avoidance of the Grantee's obligation under
this Franchise to pay the franchise fee. Gross Revenues shall not include: (i)
to the extent consistent with generally accepted accounting principles. actual
bad debt write-offs, pr6vided, however, that all or part of any such actual bad
debt that is written off but subsequently collected shall be included in Gross
Revenues in the period collected; (ii) any taxes on services furnished by the
Grantee imposed by any municipality, state or other governmental unit,
provided that franchise fees shall not be regarded as such a tax; (iii) FCC
regulatory fees; (iv) Subscriber credits, adjustments or refunds; or (v)
refundable Subscriber deposits.
v. "InstaUation" means the connection of the System from feeder cable to the
point of connection with the Subscriber Converter or other terminal
equipment.
'--
5
8-8-1
FRANCHISE
OR CABLE
FRANCHISE:
GRANTEE:
INSTALLATION:
LOCKOUT
DEVICE:
899
8-8-1
3. Requirements or charges incidental to the
awarding or enforcing of the franchise, including
payments for bonds, security funds, letters of
credit, insurance, indemnification, penalties, or
liquidated damages; or
.
4. Any fee imposed under title 17 of Franchise
Agreement.
This Ordinance and the contractual relationship
established hereby.
Is Marcus Cable Partners, L.L.C., its agents and
employees, lawful successors, transferees or
assignees.
All revenue received directly or indirectly by the
grantee, its affiliates, subsidiaries, parent, or
person in which grantee has financial interest of
five percent (5%) or more, from the operation of
its system, including, but not limited to, cable
service fees, interest, installation and
reconnection fees, upgrade and downgrade
fees, advertising revenue, franchise fee
receipts, revenues generated by sales on home
shopping channel(s), leased channel fees,
converter rental fees, lockout device fees or
fees for any other cable services provided via
the system. The term "gross revenues" shall not
include bad debt, or any taxes on services
furnished by grantee which are imposed by any
municipality, state, or other governmental unit
and collected by grantee for such governmental
unit.
.
The connection of the system from feeder cable
to the point of connection with the ground block.
An optional mechanical or electrical accessory
which inhibits the viewing of a certain program,
certain channel, or certain channels provided by
way of the cable communication system.
-_...--~._'---"--<~---'-"''''''~"-"'-'~'''~~
C:::~=~~::/
20
8-8-36: EFFECTIVE DATE: This franchise shall be effective after holding
a public hearing thereon. Notice shall be given by publishing two
notices with the first publication to appear not less than 15 days prior ['-
to the hearing. The notice shall contain the date, time, and place of
the hearing and shall briefly state the substance of the action to be
considered by the franchising authority. The franchisor shall not approve
the franchise until such time as the franchisee shall comply with the
requirements as set forth by the Cable Communications Board.
<-7"~~~ FRANCHISE OF LICENSE FEE: During each of the years subsequent
to the effective date of this ordinance, the Franchisee shall pay for the
use of streets, easements, rights-of-way and other facilities of the
City and for municipal supervision of the franchisee1s operations within the
City an annual franchise or license fee of three percent (3%) of the
~ annual gross revenues of the franchise~, the same being due on January 15,
1984, and on ~he 10th day ot eac~January thereafter during the existance of
this franchise. '
APPENDIX A
SUBSCRIBER RATES:
RATE SCHEDULE
TYPE OF SERVICE
Basic CATV Service
including one converter
Front Row Movie Package
Showtime Movie Package
Additional Outlets #2 and #.3
Additional Outlets #4 or more
Additional Converters #2 or more
Reconnect
Move Connection
Move-Outlet
MONTHLY CHARGE
INSTALLATION
INITIAL FOLLOW-UP
$8.50
$3.00
$8.50
$0.75 each
$0.75 each
$2.00 each
$15.00
$19.95
$10.00
-$5.00
$19.95
$10.00
$10.00
$10.00
$10.00
$10.00
$ 5.00
Notwithstanding the rate schedule, the franchise may offer reduced or free
service on a non-discriminatory basis.
Enacted and ordained this 6th day of December, 1982.
ATTEST:Jl..U.V-- dh. ~~
SEAL
~~~
Clerk
CITY OF FARMINGTON
BY ~~
19
specially designated noncommercial public access channel, the specially
designated education access channel, and the specially designated local
government access channel required in this rule. Franchisees providing only
alarm services or only data transrnission services for computer operated
functions shall be exempt from providing access channel reception to alarm
and data service subscribers.
On those systems without sufficient available channel capacity to
allow for activation of all the specially designated access channels required
in this provisions, or where demand for use of the channels does not warrant
activation of all the specially designated access channels required in this
provision, public, educational, governmental and leased access channel
programming may be combined on one or more cable channels. To the extent
time is available therefore, access channels may also be used for other
broadcast and nonbroadcast services, provided th~ such services are subject
to immediate displacement if there is demand to use the channel for its
specially designated purpose. Each such system shall, in any case, provide at
least one full channel on the VHF spectrum for shared access programming.
The franchisee shall make readily available for public use at least
the minimal equipment necessary for the production of programming and .
playback of prerecorded programs for the specially designated noncommercial
public access channel required by 4 MCAR-204. A.1. of this rule. The fran-
chisee shall also make it possible to record programs at remote locations
with battery operated portable equipment. Need within the meaning of this
rule shall be determined by subscriber petition. The petition must contain
the signatures of at least 10 percent (10%) of the subscribers of the
system but in no case more than 500 nor fewer than 100 signatures.
8-8-32: REGIONAL CHANNEL: The standard VHF channel 6 shall be designated
for uniform regional channel usage; provided, however, that until the
regional channel becomes operational, the designated VHF channel 6 may be
utilized by the cable communications company as it deems appropriate.
Subject to the approval of the City, such designated regional channel may be
shared with the government access channel as may be required until such time
as the City requests a separate channel or until combined usage of the channel
expands to such point as it is in use during 80 percent of the time between
8:00 A.M. and 10:00 P.M. during any consecutive six-week period. Use of time
on the regional channel or channels shall be made available without charge.
8-8-33: SALE OR SERVICE OF TELEVISION RECEIVERS: The franchisee shall
not engage in the sale or service of privately owned television receivers
nor require of any subscriber the patronage of any person engaged in such
sale or service business. This shall not apply to the repair or adjustment
of equipment which is part of the System of the franchisee.
8-8-34: PUBLICATION COSTS: The franchisee shall assume the cost of publica-
tion of this franchise as such publication is required by law.
8-8-35: FRANCHISE RENWAL: The procedures for franchise renewal shall be
the same as those which are set forth in 4 MCAR 4.142 of the Cable Communications
Board.
~'. '.~"'"
Z'll
8-8-13-B By its acceptance of this Franchise the Company also specifically
agrees that it will pay all expenses incurred by the Ci ty in
defending itself with regard to all damages and penalties mentioned in sub-
section (A) above. These expenses shall include all out-of-pocket expenses,
such as attorney fees, and shall also include the reasonable value of any
services rendered by the City Attorney or his assistants or any employees
of the City.
8-8-13-C By its acceptance of this Franchise the Company also specifically
agrees that it will maintain throughout the term of this Fran-
chise liability insurance insuring the City and the Company with regard to
all damages mentioned in sub-sections (A) and (B) above in the minimum
amount of:
(1) $100,000.00 for bodily injury or death to anyone person,
within the limits, however, of $300,000.00 for bodily injury
or death resulting from anyone accident.
(2) $300,000.00 for property damage resulting from anyone
accident, aggregate of $300,000.00.
(3) $300,000.00 for the copyright infringments, violation of
FCC rules or regulations, royalty claims and patent infringements.
8liL~. FRANCHISE OR LICENSE FEE: During the first five (5) years subsequent to
the acceptance of this Franchise the Company
will pay for the use of the streets and other facilities of the City and for munic-
ipal supervision of the Company.s operations within the City an annual franchise
or license fee of $250.00, the same being due and payable on the 15th day of
December, in the years 1971 through 1975, inclusive. During the calendar year
of 1976, the future annual franchise or license fee shall be negotiated between
the City and the Company with the amount thereof not to be in excess of 6% of
the annual gross operating revenues of the Company.
8-8-15 PUBLICATION COSTS: The Company shall assume the cost of publication of
this Franchise as such publication is required by law.
8-8-16 PENALTIES: Any violation by the Company of the provisions of this Fran-
chise or any material portions thereof, or the failure
promptly to perform any of the provisions thereof, shall be cause for the for-
feiture of this Franchise and all rights hereunder to the City after written
30 day notice to the Company and continuation of such violation, fa.ilure or;
default. Forfeiture under thi s secti on sha 11 be by reso 1 uti on of theCounci 1.
8-8-17 INTERFERENCE: If the TV transmission provided under this Franchise
interfers with the regular reception of individual TV
systems not connected to the community television system operated by the
Company, and if this interference is not eliminated by the Company within a
reasonable length of time, such failure to eliminate the interference may
constitute a violation of the terms of this Franchise, and the Company shall
be subject to the provisions of Section 8-8-16 hereinabove.
8-8-18 OPERATIONAL AVAILABILITY: By its acceptance of this Franchise the
Company agrees to reserve for the exclusive
use of the City, as determined by the Council, twenty-five (25%) percent of all
operational channels available as part of the community television system
272
operated by the Company, and does also agree to make available to governmental,
civic and non-profit organizations the local program origination facilities,
without cost, provided the Company receives forty-eight (48) hours advance
noti ce of such intended use thereof. i :
(
8-8-19 OPERATIONAL REQUIREMENT: By its acceptance of this Franchise the
Company agrees, within one year after its
acceptance of this Franchise, to construct and operate a community television
system adequate to serve the residents of the City. Failure to complete said
installation and to place the same in operation within said period shall be
cause for the forfeiture of this Franchise as provided in section 8-8-16 here-
inabove. .
8-8-20 TERM OF FRANCHISE AND RESERVATION OF RIGHTS: The Franchise and rights
herein granted shall
continue in force and effect for a term of fifteen (15) years from and after the
acceptance of this Franchise by the Company. The Franchise herein granted shall
not be exclusive and the City reserves to itself the right to grant other fran-
chise or franchises for the same or similar purposes, or to purchase, build,
construct, install, maintain and operate a municipal community television system,
or any portion of such system, in said City without becoming liable in damages
to the Company, its successors or assigns.
8-8-21 EFFECTIVE DATE: This ordinance shall be in full force and effect from
and after its passage, publication and its acceptance
by the Company. Such acceptance by the Company shall be in writing within
thirty (30) days after its passage by the Council. The Franchise shall not
be binding upon the City until its acceptance by the Company.
Enacted and Ordained this 11th
day of
October
, 19 LL.
Attest:d<'l1.-u-- h. ~
Seal
CITY OF FARMINGTON
-
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BY . -~
,v er
BY ~~.:7. 4~
ayor
Ir~ day of
~~,~
~
newspaper
Published in the
on the
, 19 7"5" .
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
July 31, 2000
Mr. Leon Orr
19161 Echo Lane
Farmington, MN 55024
Dear Mr. Orr:
In review of your July 20, 2000 Letter to the Editor in the Farmington Independent regarding cable
TV franchise fees, PEG fees and the City's Capital "Grant", I felt compelled to personally respond to
you in writing to clarify various issues raised in your letter. My understanding of your comments
appear to suggest that an interview I had with the Farmington Independent created a distorted
picture of cable TV funding for City taxpayers. In addition, your comments appear to suggest that I
may have intentionally misled the public by not properly communicating this information to the local
media in a more accurate manner.
First, let me say, I appreciate your interest as a citizen and respect your concerns as a taxpayer in this
community. Due to federal legislation, the complexities of the cable television franchising process
have increased dramatically and has created a sea change effect on local government regulation of
the telecommunications environment. In negotiating an acceptable franchise agreement with Charter
Communications,-the cities of Apple Valley, Rosemount and Farmington worked very hard to ensure
that the interests of our taxpayers came fIrst.
This process took almost two years of difficult negOtiatlOns where the three cities maintained a
unified position on requiring a capital contribution from Charter Communications. While all three
cities opposed the use of word "grant" to describe Charter's fmancial contribution, I advised the City
Council that this contribution was a reimbursable expense to Charter and that, as allowed by federal
law, PEG fees could be used as a reimbursable revenue source. I would point out that PEG fees are
not a new "tax" on cable subscribers, but were actually contained within Charter's operating budget.
While the cities argued that this contribution should be a grant, we were advised that federal law
allowed Charter to recover these costs through PEG fees. Under federal la-..v, and as requested by
Charter, cities undertook the role of local programming and PEG fees were then broken out of
Charter's operations budget to underwrite the costs of equipment and programming.
With respect to franchise fees, this fee has been in place for many years as provided for under the
terms of the previous City franchise agreement. Consequently, this was essentially a carryover fee
from the former agreement and is not a "newly added fee". I would encourage you to contact other
communities with respect to franchise fees to increase your level of comfort with this information.
As directed by Council, it is the City's intention to ensure that these fees are used for public
communication purposes that enhance the public's understanding of local government and
community affairs.
In recalling the interview I had with the Farmington Independent, it is my recollection that I did
state that the "grant" was a reimbursable expense for Charter Communications. However, through
Mr. Leon Orr
July 31, 2000
Page 2 of 2
no specific fault of either party, it sometimes happens that information may be misinterpreted or
simply not printed at the discretion of the newspaper. As a former Council member you can
appreciate that local government has very little influence over how the media actually reports its
stories. Suffice it to say, I do not believe that the Farmington Independent or this office knowingly,
intended to mislead the public regarding how these services would be funded.
As you are probably aware, cable subscribers pay these fees as. part of their overall bill which in turn
is used by local government to underwrite the cost of local programming. The City Council believed
that the use of these funds was an appropriate source of non-taxable revenue to be used to enhance
City communication efforts as recommended by this office. This policy position is also supported by
numerous other communities that use these same type of fees to support their respective public
communication efforts.
Finally, I would welcome the opportunity to personally sit down with you to discuss these issues to
your satisfaction. It is very important to the City Council and this office that when questions are
raised concerning City fInances that they are promptly responded to and clearly understood. Again,
thank you for your interest. Please feel free to contact me at your convenience to schedule a meeting
date and time.
File
Cc: Mayor and Council
Tom Burt, Rosemount City Administrator
Tom Lawell, Farmington City Administrator
Tom Creighton, Apple Valley/Farmington/Rosemount Telecommunications Advisor
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COUNCIL MINUTES
REGULAR
August 7, 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
City Attorney Jamnik, City Administrator Erar, City Management
Team
4. APPROYEA GENDA
MOTION by Cordes, second by Strachan to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Metropolitan Council Award - John Conzemius
Council was presented an award for participating in the Livable Communities
Act.
6. CITIZEN COMMENTS
Mr. Leon Orr, 19161 Echo Lane, had some questions regarding the cable TV franchise
agreement. He is in favor of broadcasting the meetings on TV and supports having a user
fee that pays for the cost involved. There are two parts of the agreement he objects to.
One is the user fee that is attached to the cable subscriber's bill, which is 5% of Charter
Communications gross receipts. At the present rate that is $85,000 per year. The cost
associated with broadcasting the programs is approximately $25,000 - $30,000 per year.
His objection is having a user fee charged to cable subscribers which exceeds the
expenses by approximately $50,000 which then becomes a tax. Most cable subscribers
do not know they are being charged this by the City. The second objection is the way the
agreement is worded. Farmington and it's partners receive 5% of gross receipts, which
includes advertising revenue, lease channel fees, and direct TV sales. Part of the
revenues are franchise fee receipts. Right now our residents in a quarter are paying
Charter $20,000 plus in franchise fees. In the next quarter those $20,000 fees are added
as a revenue so they are taxed on a tax. That is not right. He requested the cable
agreement be put on a future agenda so there can be some discussion on the merits of it.
Council Minutes (Regular)
August 7, 2000
Page 2
Councilmember Strachan stated if Charter is getting into extra services, his understanding
is there will be competitors to that service. He suggested staff research how does that
play into this? Staff replied according to the agreement, any competitor would be on the
same playing field. This is a requirement under federal law. Staffwill reply at a future
Council Meeting and respond to Mr. Orr.
a) Mr. Ellsworth Hoeppner - Noise Ordinance
A response was sent to Mr. Hoeppner.
7. CONSENT AGENDA
7f) Consider Resolution - Appointing Election Judges - Primary Election
Item 7fwas pulled so Councilmember Soderberg could abstain. MOTION by Strachan,
second by Verch adopting RESOLUTION R58-00 appointing Election Judges - Primary
Election. Voting for: Ristow, Cordes, Strachan, Verch. Abstain: Soderberg. MOTION
CARRIED.
MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows:
a) Approved Council Minutes (7/17/00) (Regular)
b) Accepted 2nd Quarter Building Permit Report
c) Acknowledged Resignation - Parks and Recreation Department
d) Received Information Capital Outlay - Parks and Recreation Department
e) Approved Chamber of Commerce - Fee Waiver Request
g) Approved Fire Relief Association Pension Request for 2001
h) Received Information School and Conference - Administration Department
i) Received Information School and Conference - Parks and Recreation Department
j) Approved bills.
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Consider Resolution - Autumn Glen 2nd Addition Final Plat
Arcon Development has submitted the Final Plat for Autumn Glen 2nd Addition.
The plat contains 51 single family lots on approximately 14.12 acres ofland east
of the existing Autumn Glen I st Addition. The Planning Commission reviewed
the Final Plat at their July 25,2000 meeting in which they forwarded a
recommendation to approve the final plat contingent that:
a) The developer adjusts Lot 8, Block 3 of the 2nd Addition as to not
encroach into the wetland boundary;
b) The developer removes any easements that are no longer required as part
of the original Preliminary Plat;
c) Engineering approves the construction plans for the 2nd Addition and the
developer enters into the Development Agreement;
d) The developer include the area between Lot 8, Block 3 and Lot 1, Block 6
of Outlot A that will be dedicated to the City to be included in the planting plan.
Council Minutes (Regular)
August 7, 2000
Page 3
A bike trail will be extended from 193rd Street along the east side of Dun bury
Avenue to the north edge of the development. Another bike path will come from
the Dunbury Avenue path just north of Lot 1 Block 6 and continue through the
future outlot area and City Park that will tie into the trail leading down to 195th
Street.
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. MOTION by Verch, second by
Cordes adopting RESOLUTION R59-00 approving Autumn Glen 2nd Addition
Final Plat. APIF, MOTION CARRIED.
b) Request Approval for Public Display of Art Objects
In an effort to introduce outdoor public art to the City of Farmington, the Dakota
Valley Arts Council has chosen three pieces of art to be displayed in the Depot
Park Way. Sherry Lamb of the DV AC described one art object which is a free-
standing copper eliptical abstract. The second art object is two life size horses
made from ironwork. Both of these will be leased from the artist for
approximately one year.
Mayor Ristow inquired as to insurance coverage for this artwork. Staff replied
the City's property and liability insurance would cover the artwork. The City will
require the art be covered by a separate certificate of insurance by the person it is
leased from. Should the artwork be stolen, the additional insurance would then
cover the cost of replacement. Councilmember Cordes asked if there is repeated
vandalism can the City get out of the lease? Sherry Lamb replied the DV AC
would have to consider putting that language in the lease.
George Flynn of the DV AC then described two 7-foot adirondack chairs which
will be owned by the DV AC. MOTION by Soderberg, second by Verch
approving the eliptical abstract, life size horses, and two adirondack chairs to be
displayed in the Depot Park Way. APIF, MOTION CARRIED.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
a) Municipal Pool Rate Structure
This will be addressed as part of the 2001 Fee Structure process.
b) 3rd Street Overlay Project - Update
This project is scheduled for 2001 in the City's CIP.
_.--
Council Minutes (Regular)
August 7, 2000
Page 4
Council member Cordes:
hands.
The VRWMO has disbanned. It is now in the County's
Finance Director Roland: At the July 7, 2000 Council Meeting, it was brought to
Council's attention regarding a discrepancy with the fire contract with surrounding
townships. After further research it was discovered that in 1985 the townships were
awarded by the Council a depreciation schedule on the buildings which corresponded
with the way the City had been depreciating the buildings. Therefore no back billing to
the townships was necessary and the 40 year depreciation schedule will continue.
Police Chief Siebenaler: The Park and Recreation Commission authorized a second
season for archery deer hunting. Applications will be accepted through August 25, 2000.
They will be awarded by lottery at the first Park and Recreation meeting in September.
Council adjourned into Executive Session at 7:40 p.m.
14.
EXECUTIVE SESSION
- Akin Road Turnback Agreement
- Progress Land Litigation
Respectfully submitted,
~~JLv
Cynthia Muller
Executive Assistant
a.-"
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7t5
TO:
Mayor, Councilmembers, City Administrato~
James Bell, Parks and Recreation Director
FROM:
SUBJECT:
Adopt Resolution Accepting Donation - Senior Center
DATE:
August 21, 2000
INTRODUCTION
A memorial donation has been received at the Senior Center from the family of Irene
Taft.
DISCUSSION
Irene Taft's family has donated $600 to the Senior Center to be used as deemed necessary.
Staffwill communicate the City's appreciation on behalf of the Council to the family of
Irene Taft for their generous donation.
ACTION REQUESTED
Adopt the attached resolution accepting the donation of $600 to the Senior Center from
the family ofIrene Taft.
Respectfully submitted,
~~
James Bell
Parks and Recreation Director
RESOLUTION NO. R -00
ACCEPTING DONATION OF $600 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 21st day
of August, 2000 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the family oflrene Taft has donated $600 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 $600 from the family of Irene Taft to be used as deemed
necessary .
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 21 st day of August, 2000.
Mayor
Attested to the
day of August, 2000.
City Administrator
SEAL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
16
TO:
Mayor, Councilmembers and
City Administrato~
I
Daniel M. Siebenaler
Chief of Police
FROM:
SUBJECT:
Resolution authorizing execution
of Safe & Sober Grant
DATE:
August 21,2000
INTRODUCTION
In the year 2000 the City of Farmington began participating in a statewide program to reduce motor vehicle
accident injuries and deaths through the focused enforcement of specific violations, including DWI,
seatbelt and child restraint. The City has been awarded a second year of funding by the Minnesota
Department of Public Safety.
DISCUSSION
In the year 2000- 2001 Safe & Sober will add another aspect to the program. Police Officers will work
with trained adults who are under the age of21 to conduct compliance checks on all liquor establishments
in the City. Compliance checks will be conducted in a series of steps.
In conjunction with Project Northland server training was offered to all liquor establishments. This
training is intended to assist servers to recognize under age patrons and instruct them in identification
techniques. Following this training a letter is sent to each licensed liquor establishment advising them that
compliance checks will be conducted in the near future.
The second step is the actual attempt to purchase alcohol by a person under the age of 21. This action is
conducted under the direction of a police officer. If a purchase is successfully made the server and the
establishment are issued a warning and advised of future training and the consequences of serving an
underage patron.
Initial compliance checks will be followed by a second session of server training. Upon completion of this
training liquor establishments will have had two opportunities to participate in training, a letter advising
them of the compliance check program and at least one visit with the maximum penalty of a warning.
The fmal step in compliance checking is another attempt to purchase alcohol by a person under the age of
21. Any vendor who sells alcohol to an underage patron during this step will be subject to criminal
penalties as well as civil penalties authorized by City Code and State Law.
BUDGET IMPACT
Costs associated with Alcohol Compliance checks are funded by the Minnesota Department of Public
Safety through the Safe & Sober campaign.
ACTION REQUESTED
Adopt the proposed Resolution Authorizing the Execution of Agreement for the 2000- 2001 Safe & Sober
Grant.
Daniel M. Siebenaler
Chief of Police
RESOLUTION NO. R -00
AUTHORIZING EXECUTION OF AGREEMENT
Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 21 st day of August,
2000 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the Farmington Police Department practices the concept of Community Oriented
Policing; and
WHEREAS, it is in the best interest of the City of Farmington to prevent alcohol violations; and
WHEREAS, the best way to prevent alcohol violations is through a program of education and
enforcement.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington Police Department
enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic
Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October
1,2000 through September 30,2001.
The Chief of Police is hereby authorized to execute such agreements and amendments as are
necessary to implement the project on behalf of the Farmington Police Department.
BE IT FURTHER RESOLVED That the Chief of the Lakeville Police is hereby authorized to
be the fiscal agent and administer the grant on behalf ofthe Farmington Police Department.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
21 st day of August, 2000.
Mayor
Attested to the _day of
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
?d
TO: Mayor, Councilmembers and City Administrato~
FROM: Karen Finstuen
Administrative Services Manager
SUBJECT: Gambling Event Permit - Southern Dakota County Sportsman's Club
DATE: August 21,2000
INTRODUCTION
Southern Dakota County Sportsman's Club is requesting a Gambling Event Permit for a
rifle and shotgun raffle to be held at the American Legion Club.
DISCUSSION
Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by
the City for this type of event. An application has been received, along with the
appropriate fees. The City Attorney has reviewed the application and the attached
resolution approving the request.
BUDGET IMPACT
Gambling fees are included in the revenue portion of the 2000 budget.
ACTION REOUESTED
Consider the attached Resolution granting a Gambling Event Permit to Southern Dakota
County Sportsman's Club at the American Legion, 10 North 8th Street, on January 13,
2001.
Respectfully submitted,
~~
Karen Finstuen
Administrative Services Manager
RESOLUTION NO. R -00
APPROVING A MINNESOT A LAWFUL
GAMBLING EVENT PERMIT APPLICATION FOR
SOUTHERN DAKOTA COUNTY SPORTSMAN'S CLUB
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 21 st day of August
2000 at 7 :00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue
or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said
permit; and,
WHEREAS, the Southern Dakota County Sportsman's Club has submitted an application for a
Gambling Event Permit to be conducted at the American Legion, 10 North 8th Street, for Council
consideration.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling
Event Permit for the Southern Dakota County Sportsman's Club to be conducted at 10 North 8th
Street is hereby approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
21 st day of August 2000.
Mayor
Attested to the
day of
2000.
City Administrator
SEAL
~?~~o
City of Farmington
325 Oak Street
Farmington, MN 55024
www.ci.farmington.mn.us
FAX TRANSMITTAL MEMO
No. of Pages: 5
Date: 8/16/008:52 AM
To: Joel Jamnik From: Cindy Muller
Company: Company: City of Farmington
Fax#: Fax #: (651) 463-2591
Telephone #: Telephone #: (651) 463-1803
Comments:
Please review the attached Gambling Event Permit. This is on the agenda for
Aug 21 meeting. Let me know if it is ok.
Thanks
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
le
TO: Mayor, Councilmembers, City Administrator~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Schedule 2000 Seal Coat Project Assessment Hearing
DATE: August 21,2000
INTRODUCTION
The City Council awarded the 2000 Seal Coat project at the May 1 st, 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.
BUDGET IMPACT
At the May 151 Council meeting, Council directed staff to prepare the assessment roll allocating 50% of
the project costs to the benefiting properties which was estimated to be $60.42 per buildable lot. The City
portion of the project cost will be funded through the Street Construction and Maintenance fund. The
final project costs and proposed assessment roll will be available prior to the assessment hearing. The
Council's action to adopt the final project assessment roll will occur at the October 2nd assessment
hearing.
ACTION REQUESTED
Adopt the attached resolution setting the 2000 Seal coat project assessment hearing for October 2nd, 2000.
Respectfully submitted,
~h1~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
RESOLUTION NO. R - 00
CALLING FOR PUBLIC HEARING
- PROJECT NO. 00-06 -
2000 SEAL COAT
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City of the 21st day of
August, 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, a contract has been let (costs have been determined) for the following
improvements:
Proiect
00-06
; and,
DescriDtion
2000 Seal Coat Project
Location
various - see Attachment A
WHEREAS, the improvements for the project are complete; and,
WHEREAS, pursuant to Resolution No. 30-00 of the Council adopted on the 1st day of May,
2000, the City Clerk was directed to prepare a proposed assessment of the costs of said
improvements; and,
WHEREAS, the Clerk has notified the Council that such proposed assessment will be
completed and filed in the clerk's office for public inspection prior to the assessment hearing.
NOW THEREFORE, BE IT RESOLVED that:
1. A hearing shall be held in the Council Chambers in City Hall on the 2nd day of
October, 2000 at 7:00 p.m. to act upon such proposed assessment at such time and
place and all persons owning property affected by such improvement will be given an
opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to
the hearing, and the clerk shall state in the notice the total cost of the improvement.
The clerk shall also cause mailed notice to be given to the owner of each parcel
described in the assessment roll not less than two weeks prior to the hearings. Notice
shall be provided in accordance with the requirements provided under M.S. section
429.061 subdivision 1.
This resolution adopted by recorded vote ofthe Farmington City Council in open session on
the 21 st day of August, 2000.
Attested to the 21 st day of August, 2000.
Mayor
City Administrator
SEAL
ATTACHMENT A
Streets
Everest Path
Explorer Way
Explorer Court
Exodus Avenue
Esquire Way
Essence Trail
Englewood Way
Excalibur Trail
Everest Path
19dh Street
Everest Court
Everglade Path
Everest Trail
Evenston Drive
19]'/ Street W
Evening Star Way
Evening Star Court
193rd Street W
18ih Street W
Easton Avenue
Easton Court
Eaglewood Trail
Oak Street
Spruce Street
Walnut Street
Locust Street
Larch Street
Ninth Street
Tenth Street
Eleventh Street
Elm Street
208'h Street
21 (jh Street W
Eaton Avenue
21 fh Street W
Edmonton Avenue
Linden Street
Seventh Street
Fifth Street
Fourth Street
Third Street
Pine Street
Main Street
Second Street
Honeysuckle Lane
Hickory Street
Willow Street
Alley
Location
Between 18lh Street W & 188th Street W
between Exodus Circle & Esquire Way
between Everest Path & Euclid Path
between Esquire Way & Euclid Path
between Everest Path & Euclid Path
between Eaglewood Way & Everest Path
between 19dh Street W & 195'h Street
between Everest Path and Euclid Path
west of Eureka Avenue
east of Embers Avenue
east of Embers Avenue
between Ninth Street and Eleventh Street
between Ninth Street and Eleventh Street
between Ninth Street and Eleventh Street
between Ninth Street and Eleventh Street
between TH 3 and Eleventh Street
between Oak Street and Larch Street
between Oak Street and Larch Street
between Oak Street and Larch Street
east of TH 3
between Linden Street and Willow Street
between Linden Street and Pine Street
between Elm Street and Willow Street
between Elm Street and Pine Street
between Third Street and TH 3
between Third Street ad Fourth Street
between Maple Street and Ash Street
between Second Street and Third Street
between Fourth Street and T.H 3
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
7-t
TO: Mayor, Councilmembers, City Administrat0l1~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Schedule County Road 72 Project Assessment Hearing
DATE: August 21,2000
INTRODUCTION
The City Council awarded the County Road 72 Reconstruction project at the May 17th, 1999 City Council
meeting.
DISCUSSION
The County Road 72 Reconstruction project has been completed.
BUDGET IMPACT
The final project costs will be allocated using the methodology presented at the project hearing February
16, 1999 (see attached project hearing memo). The final project costs and proposed assessment roll will
be available prior to the assessment hearing. The Council's action to adopt the final project assessment
roll will occur at the October 2nd assessment hearing.
ACTION REQUESTED
Adopt the attached resolution directing staff to prepare the assessment roll and setting the County Road
72 Reconstruction project assessment hearing for October 2nd, 2000.
Respectfully submitted,
~Yh~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
RESOLUTION NO. R - 00
CALLING FOR PUBLIC HEARING
- PROJECT NO. 99-08 -
COUNTY ROAD 72 RECONSTRUCTION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City of the 21 st day of
August, 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, a contract has been let (costs have been determined) for the following
improvements:
Proiect
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 improvements for the project are complete.
NOW THEREFORE, BE IT RESOLVED that:
1. Staff is hereby directed to prepare the proposed final assessment roll for the project.
2. A hearing shall be held in the Council Chambers in City Hall on the 2nd day of October,
2000 at 7:00 p.m. to act upon such proposed assessment at such time and place and all
persons owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the
hearing, and the clerk shall state in the notice the total cost of the improvement. The clerk
shall also cause mailed notice to be given to the owner of each parcel described in the
assessment roll not less than two weeks prior to the hearings. Notice shall be provided in
accordance with the requirements provided under M.S. section 429.061 subdivision
This resolution adopted by recorded vote of the Farmington City Council in open session on
the 2151 day of August, 2000.
Mayor
Attested to the 2151 day of August, 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
~CL
TO: Mayor, Councilmembers, City Administratorj"~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: County Road 72 Project - Public Hearing
DATE: February 16, 1999
INTRODUCTION
At the January 4th, 1999 City Council meeting, the Council scheduled a public hearing for
February 16, 1999, on the County Road 72 Project.
DISCUSSION
The Council accepted the feasibility report for improvements to County Road 72 at the June
15, 1998 City Council meeting. Dakota County has included this project in their CIP as a
turnback. The County has indicated that they would participate financially in the County Road
72 street improvement project within the City limits as part of the tumback agreement. Dakota
County's financial participation would be according to the County's current policies. The
project has two parts; a reconstruction part and a new construction part.
Reconstruction
The reconstruction part encompasses the existing roadway from Trunk Highway 3 to the
easterly Hospital property line (Sta. 0+00 to Sta. 13+65). The proposed improvements for this
section include: 1) reconstruction of the roadway, 2) installation of storm sewer, 3)
installation of sanitary sewer and 4) installation of water services.
The installation of sanitary sewer and water services are for the benefit of properties on the
north side of Co. Rd. 72 since the Hospital and Clinic currently have sewer and water service.
The properties in the Township on the north side of the road would have both sewer and water
services stubbed to them. Several of the properties in the City on the north side of the road
have already had water service installed and those properties would only need sewer service
stubbed at this time. Those properties in the City that have neither water nor sewer service
would have both stubbed to them.
New Construction
The new construction part is in the area of the existing gravel roadway located between the
easterly Hospital property line and the easterly City limits (Sta. 13+65 to Sta. 33+00). The
proposed improvements include roadway construction along with storm sewer, sanitary sewer,
water main and related costs. These improvements are for the benefit of the Hospital property
and East Farmington on the south side and Bristol Square on the north side.
Neiflhborhood concerns
Staffheld a neighborhood meeting for the project on December 17,1998. Those present at the
meeting are shown on the meeting notes attached. Several concerns were raised by the
residents on the north side of the road and are addressed below:
The residents do not feel that the project benefits them and they do not want to pay for
the improvements.
The City's Special Assessment policy outlines the cost sharing necessary on public
improvement projects. The appraisal of the properties affected by the improvements asserts
that the properties would benefit from the proposed improvements (see attached). Properties
do receive a valuation benefit from new streets, storm sewer water service and sewer service.
The benefit of sewer and water service to these properties versus septic systems and wells is a
firmly established tenet in market appraisels.
The residents feel that they were promised in the past that the sewer would be located
behind their homes and not in the street, thus saving them connection costs since their
septic systems are, for the most part, in their back yards.
Staff has not been able to locate any documentation that indicates that the City committed to
installing the sewer along the back yards of the residents. It is staff s strong recommendation
that the sewer be placed in the street for maintenance, accessibility and cost implications.
Locating the sewer in the backyards of the residents causes various difficulties. Currently there
is at least one building that would be directly over where the sewer would need to go. That
building would need to be moved. Other buildings are in close proximity to where the sewer
line would need to be placed. Easements would need to be acquired from the property owners.
Those easement areas would need to be kept clear of any structures (existing buildings would
need to be moved) or trees so that access could be maintained. At the public hearing for the
Glenview Townhomes development, the residents negotiated with the developer for screening
along their rear property line, which would not be able to be placed in that easement area if the
sewer is located there.
Even if easements were granted and access was maintained, it would be much more difficult to
access the sewer and perform maintenance or emergency service on the sewer. The backyards
would still not allow as much room for heavy equipment and problems would be encountered
if the ground was soft. In the street there would be at least sixty feet to work and maneuver,
while in the backyards it would be difficult if not impossible to obtain an easement greater than
thirty feet wide. The question has been raised whether paving a trail over the sewer would
alleviate the concerns. A trail would introduce additional cost and there still would not be as
much room to maneuver heavy equipment, as there would be in the street. In the case of a
sewer plug, City staff needs to be able to respond as quickly as possible to clear the line. It
will take more time to access the sewer and maneuver a truck and the sewer rodder if the sewer
is in a backyard easement. It is also staff s understanding that the residents in the past have
been opposed to a trail along their rear property line.
Staff has researched the costs involved with running sewer services to County Road 72 versus
the rear property line. In two out of seven cases it is estimated to be less expensive to run the
sewer service to County Road 72. In the other five cases, the range of additional cost to run the
service to County Road 72 is estimated to be approximately $330 to $620 (see attached memo).
The residents do not want the proposed trail along the north side of the road. The
residents feel they will lose their front yards and trees and that their property values will
go down if the trail is installed as proposed.
The proposed eight-foot wide bituminous trail would be placed within the current roadway
right-of-way. The trail would connect Trunk Highway 3 to the trail system that traverses the
Prairie Waterway, portions of which are already in place. The sidewalk proposed for the south
side of the street will be consistent with the sidewalk in the East Farmington development and
is appropriate for the institutional properties on the south side of the road. County Road 72 is
considered a neighborhood collector and is required to have a sidewalk or trail on at least one
side of the road.
The residents are concerned with the increased traffic on County Road 72 due to the new
developments and asked if staff has traffic volumes.
Staff has researched this issue with the County. The current traffic counts on County Road 72
according to Dakota County is 1850 (1996 ADT). Council would need to authorize staff to
perform a traffic study in order to estimate the additional traffic volume on County Road 72
due to East Farmington and Bristol Square.
The residents inquired about assessment deferments.
City ordinance and Minnesota Statute both allow for deferment of assessments under certain
criteria circumstances. The City Attorney will go over those procedures at the meeting if the
question is raised.
BUDGET IMPACT
The estimated total project cost is $1,474,200. As stated previously, Dakota County has
included the turnback of this road in their CIP for 1999. In discussions between City and
County staff, it has been indicated by County officials that the County would be willing to
participate in the costs of the improvements as outlined in their Transportation Policy as part of
a turnback agreement with the City. The remaining costs would be funded through appropriate
City funding mechanisms.
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 would fund 100% of the roadway costs in front of
the Township and 55% of the roadway costs in front of properties in the City. The water main,
sanitary sewer and storm sewer would be assessed 100% to the benefiting properties per the
City's Special Assessment Policy. The township properties could not be assessed until such
time they come into the City. The following table outlines the funding breakdown.
Fundin~ Source
Item County City Assessed Total
Roadway Improvements $256,400 $96,000 $51,700 $404,100
Water Main $31,100 $31,100
Sanitary Sewer $104,200 $104,200
Storm Sewer * $35,400* $35,400
Miscellaneous Costs $1,900 $1,900
Total 5256,400 $96,000 $224,300 $576,700
New Construction, Sta. 13+65 to 33+00 (easterly Hospital property line to easterly City limit)
This section of roadway is adjacent to two new developments, a portion of the Hospital
property and a section of the Prairie Waterway. The County would participate 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 it is recommended that the Hospital and the developments on either side of County Road
72 split the remaining costs that the County does not fund. The developments in question are
East Farmington and Bristol Square (formerly the Adelmann property). The following table
outlines the funding breakdown.
Fundin~ Source
Item County Assessed Total
Roadway Improvements $280,100 $229,200 $509,300
Water Main $117,700 $117,700
Sanitary Sewer $65,900 $65,900
Storm Sewer * $202,700* $202,700
Miscellaneous Costs $1,900 $1,900
Total $280,100 $617,400 $897,500
*The County will participate in some of the costs of the storm sewer; however, the amount will
need to be determined during the preparation of plans and specifications.
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 would receive benefit from the proposed improvements of$12,500 to $17,500
per lot. The proposed improvements would benefit adjacent commercial properties up to 50%
of the land value of the property and the proposed assessments to the Clinic and the Hospital
fall within this range. The maximum benefit to the Clinic is $93,000 and the maximum benefit
to the Hospital is $540,000.
These assessments could be spread over a period of 10 to 15 years in accordance with past
policies, and per the recommendation of the City Finance Department.
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)
North side of Co un tv Road 72
City lots (not needing water service - 5)
City lots (needing water service - 4)
Approximate Amount to
be assessed per lot*
$9,300
$11,300
$8,200
Township lots - 7
Commercial water servIce to Benham
property
South side of County Road 72
River Valley Clinic
Trinity Hospital
$13,100
$11,600
$38,300
*These estimated assessments would be reduced based on the participation of the County in the
storm sewer costs.
New Construction, Sta. 13+65 to 33+00 (easterly Hospital property line to easterly City limit)
Benefitin!! Property
Bristol Square
East Farmington
Trinity Hospital
Approximate
Amount to be Assessed*
$312,400
$221,600
$83,500
*These estimated assessments may be reduced based on the participation of the County in the
storm sewer costs.
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. The assessments to the
township properties would be deferred until such time the properties come into the City.
County participation
The County has agreed in principle to turn the road back to the City and participate in the costs
per their Transportation policy. An agreement is currently being prepared that will outline the
terms of County financial participation.
City participation
The project costs that the City would participate in would be funded through the Road and
Bridge fund, the Sanitary sewer fund, the Water Utility fund and the Storm Water fund. A
project debt service schedule will be available at the meeting.
ACTION REQUESTED
Adopt the attached resolution ordering the project and authorizing the preparation of plans and
specifications.
Respectfully submitted,
~M~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Schools and Conferences - Administration Department
DATE: August 21,2000
INTRODUCTION
Attendance at the annual national city management conference scheduled to be held on Saturday,
September 16 through Wednesday, September 20,2000 in Cincinnati, Ohio is being planned.
DISCUSSION
As a local government administrator and member of the International City-County Management
Association (lCMA), the need to keep abreast of constantly changing public management
dynamics and requirements in the profession is critical to meeting the demands and challenges of
public service. This conference will provide a variety of professional development opportunities,
training and dialogue on issues affecting local government nationally and regionally on a wide
range of relevant local government issues. Topics for this year's conference include community
diversity, the role of "e-government" technologies and creating and sustaining successful
community and jurisdictional partnerships.
BUDGET IMPACT
The 2000 Budget provides adequate funding for this purpose.
ACTION REOUESTED
For information only. The opportunity to attend professional conferences on an annual basis for
purposes relating to professional development, training and certification requirements is
authorized in the administrator's employment agreement.
itted,
;' \./
JQlin F. Erar
ftity Administrator
/
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ct.farmington.mn.us
lJ
FROM:
Mayor and Council~~rs
City Administrator 7' ~
David L. Olson
Community Development Director
TO:
SUBJECT:
School and Conference - Community Development Department
DATE:
August 21, 2000
INTRODUCTION
The Minnesota Chapter of the American Planning Association (MnAPA) Annual
Conference is being held in Duluth in September in conjunction with the Upper Midwest
Regional American Planning Association (AP A) Conference.
DISCUSSION
The MnAP A annual conference provides in conjunction with a regional AP A conference
will. incorporate sessions on a wide variety of planning issues. Sessions will cover topics
such as affordable housing design, transportation planning, historic preservation,
shoreland management, and upcoming legislative issues regarding planning. Attendance
at conferences of this type allows for discussion of local issues with planning
professionals from other communities.
BUDGET IMPACT
The cost of this conference is provided for in the Planning Division 2000 Budget.
ACTION REQUESTED
For information only.
Respectfully submitted,
David L. Olson
Community Development Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
l.
TO:
FROM:
Mayor, Councilmembers and
City Administratorf.u
Daniel M. Siebenaler
Chief of Police
SUBJECT:
Conference information
DATE:
August 21, 2000
INTRODUCTION
Two members of the Farmington Police Department will be attending the Sex Crimes Investigation
conference in Nisswa, MN on October 4-5.
DISCUSSION
The Minnesota Sex Crimes Investigators Association sponsors a two-day training conference dedicated
specifically to the investigation of this crime. Topics for this year's training include computer crime and
civil consequences for sex offenders along with a number of other timely topics.
BUDGET IMPACT
This training is included in the 2000 budget.
ACTION REQUESTED
Information only.
Daniel M. Siebenaler
Chief of Police
City of Farmington
325 Oak Street. Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/O~
TO:
Mayor and Council Members,
City Administrat~
Michael Schultz !)..IJ
Associate Planner
FROM:
SUBJECT:
Consider Resolution - Tamarack Ridge/Rock Cliff Development Contract
DATE:
August 21, 2000
INTRODUCTION
The Development Contract for Tamarack Ridge/Rock Cliff 1 st Addition 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 Ridge/Rock Cliff 1 st 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 Ridge/Rock Cliff 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
Ridge/Rock Cliff 1 st 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 st, 2001. The Developer will post a surety for
said improvements by April 1 st, 2001. The developer will be reimbursed by the City for the
209th Street improvement costs apportioned to the residents along the south side of 209th
Street.
-..c
--' .--
~
~.~
./
~
The Developer will be responsible for the construction of Cantata Avenue and 208th Street
between Cantata Avenue and Cambodia Avenue in accordance with plans and specifications
approved by the City. The construction of Cantata Avenue and 208th Street will be completed by
December 1 st, 2001. The Developer will post a surety for said improvements by April 1 st, 2001.
ACTION REQUESTED
Consider resolution approving the execution of the Tamarack RidgelRock Cliff 1 st Addition
Development Contract and authorize its signing contingent upon the above conditions and the
finalization of the Trunk Storm Water Credit calculation.
~
Michael Schultz
Associate Planner
cc: Jim Ostenson, James Development
RESOLUTION NO. R-
APPROVING DEVELOPMENT CONTRACT
TAMARACK RIDGE
ROCK CLIFF 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 21 st day of August, 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 1 sl 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 2091h Street between Trunk Highway 3 and
Cantata Avenue in accordance with plans and specifications approved by the City. The
improvements to 2091h Street includes water main construction. The construction of 2091h Street will
be completed by December 1st, 2001. The Developer will post a surety for said improvements by
April 1 st, 2001. The developer will be reimbursed by the City for the 209th Street improvement costs
apportioned to the residents along the south side of 209th Street.
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 20SIh Street will be completed by December 1St, 2001.
The Developer will post a surety for said improvements by April 1 st, 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 21 st dav
of August, 2000.
Gerald Ristow, Mayor
Attested to this _ day of
,2000.
SEAL
John F. Erar, City Administrator
DEVELOPMENT CONTRACT
AGREEMENT dated this day of ,2000, by and between the City of Farmington, a Minnesota municipal
corporation (CITY) and Rock Cliff Development, LLC, a Minnesota limited liability company (DEVELOPER).
1. Request for Plat Approval. The Developer has asked the City to approve a plat for Tamarack Ridge (also referred to in
this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as:
All that part of the North Half of the Southwest Quarter of Section 29, Township 114, Range 19, lying southerly and
southeasterly of the centerline of County State Aid Highway No. 66 as now traveled and its westerly extension. Except the
West 100.00 feet of the East 133.00 feet of the South Half of the North Half of said Southwest Quarter and also except the
West 150.00 feet of the East 183.00 feet of the North Half of the North Half of said Southwest Quarter.
Together with:
All that part of the South Half of said Southwest Quarter described as follows: Beginning at a point on the West line of said
Southwest Quarter, 658.00 feet North of the Southwest comer of said Southwest Quarter, thence running East 1077.00 feet,
thence due North 662.00 feet to the North line of said South Half of the Southwest Quarter; thence West 1077.00 feet to the
West line of said Southwest Quarter; thence South along said West line to the point of beginning. Except that part thereof lying
South of the North line of the South 665.00 feet of said Southwest Quarter.
2. Conditions of Approval. The City hereby approves the plat on the condition that:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement.
c) 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 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\ 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 208th Street between Cantata A venue and
Cambodia Avenue in accordance with plans and specifications approved by the City. The construction of Cantata Avenue
and 208th Street will be completed by December 1 st, 2001. The Developer will post a surety for said improvements by
April 1 st, 2001.
1
3. Development Plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be
attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this
Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract,
subject to paragraphs 6 and 31 G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - ZoninglDevelopment Map
Plan E - Wetlands Mitigation as required by the City
Plan F - Final Street and Utility Plans and Specifications
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone.
4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this
subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning
map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining
neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall
be included.
5. Zonin2/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of
the plat containing the following information:
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
6. Required Public Improvements. The Developer shall install and pay for the following:
a. Sanitary Sewer Lateral System
b. Water System (trunk and lateral)
c. Storm Sewer
d. Streets
e. Concrete Curb and Gutter
f. Street Signs
g. Street Lights
h. Sidewalks and Trails
i. Erosion Control, Site Grading and Ponding
j. Traffic Control Devices
k. Setting of Lot & Block Monuments
1. Surveying and Staking
m. Landscaping, Screening, Blvd. Trees
The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering
guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer
furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and
specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default
of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before
proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to
assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the
construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's
discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or
part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the
City Council chambers with all parties concerned, including the City staff, to review the program for the construction work.
Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply
the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines.
If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with
producing the as-built drawings will be the responsibility of the Developer.
2
Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S.
~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed.
7. Time of Performance. The Developer shall install all required public improvements by July 1, 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.
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 [mal acceptance of streets and utilities.
10. Gradinl! Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile
and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been
furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City
Engineer.
If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property
owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved
the proposed grading changes.
ll. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the
City. The City may impose additional erosion control requirements if it is determined that the methods implemented are
insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded
forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency
determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion
immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the
Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may
draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless
the plat is in full compliance with the erosion control requirements.
The Developer is responsible for Erosion 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 $1,038 based upon the number of acres in
the plat.
3
12. Landscapin2. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished
in accordance with a time schedule approved by the City. Retaining walls with 1) a height that exceeds four feet or 2) a
combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in
accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota.
Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the
retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the
development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed
and certified before any building permit is issued for a lot on which a retaining wall is required to be built.
13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. Lots 1-20, Block 2,
Lots 1-8 Block 3 and Outlots B, C, D, E, F, I ,J and K are to be developed under this contract. Outlots A and H are to be
developed in future phases (except for grading as previously provided for under the preliminary plat) and will require separate
development contracts. No earth moving, construction of public improvements or other development shall be done in any
subsequent phase until a final plat for the phase has been filed in the County Recorder's office and the necessary security has
been furnished to the City. The City may refuse to approve 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 plat. Development of subsequent phases may not proceed until development agreements for such
phases are approved by the City.
14. Effect of Subdivision ADDroval. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof
which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or
dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed
to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full
extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan
(including removing unplatted property from the urban service area), official controls, platting or dedication requirements
enacted after the date of this Agreement and may require submission of a new plat.
15. Surface Water Mana2ement Fee. The Developer shall pay an area storm water management charge of $111,731 for the
plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment
shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time
the Development Contracts for those phases are entered into. A credit of $56,578 will be given to the Developer for
Storm Water Trunk oversizing within the plat. The net result is that the assessments will be based on a charge of$ 55,153.
16. Wetland Conservation and Miti2ation. 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 Char2e. The Developer shall pay a water area charge of $39,092 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a
ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time.
The Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time
the Development Contracts for those phases are entered into. A credit of $11,818 will be given to the Developer for Water
Main Trunk oversizing within the plat. The net result is that the assessments will be based on a charge of$27,274.
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $14,224 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a
ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time.
The Developer waives any and all procedural and substantive objections to the assessments including any claim that the
4
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 Charlze. The Developer shall pay a sanitary sewer trunk area charge of $30,187 for the plat
in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the
plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any
claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available
pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
20. Park Dedication. The Developer shall pay a park dedication fee of $68,823 in satisfaction of the City's park dedication
requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year
period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed
adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The
Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the
time the Development Contracts for those phases are entered into. A credit of $87,580 for the dedication of Outlot F for park
purposes will be given to the Developer. The net result is a credit of $18, 757 which will be applied against future phases of
the development.
21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees
to pay a fee of $1,708 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and
Bridge Fund upon execution of this Agreement.
22. GIS Fees. The Developer is responsible for a Government Information System fee of $1,1l0 based upon the number of
lots within the subdivision.
23. Easements and Dedications. The Developer shall furnish the City at the time of execution of this Agreement with the
easements designated on the plat. Camden Path and Camden Court are dedicated to the City as public streets. Outlot F is
dedicated to the City for park purposes. Outlot K is dedicated to the City as floodplain. Outlots B, D, E, I and J are dedicated
to the City for storm water ponding purposes.
24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat
to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public
improvements by the City. The license shall expire after the public improvements installed pursuant to the Development
Contract have been installed and accepted by the City.
25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall
be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to
clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs.
26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all
public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or
alternative security acceptable to the City Administrator, from a bank (security) for $558,555. 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:
5
GradinglErosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
$N/A*
$ 126,250
$ 116,250
$111,250
$117,500
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 7,000
$ 16,250
$ 17,500
$ 8,750
$N/A
Two Years Principal and Interest on Assessments $ 37,805
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.
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.
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. Existin2 Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading
options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing
and grubbing operations shall be disposed of off site.
30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the
City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this
agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the
City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
6
31. Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer
may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall
continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties
shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of
erosion control devices, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate
denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until
the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties.
Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before
certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather
related circumstances prevent completion of street projects before the end of the construction season. The Developer is
responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such
a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and
approved by written resolution ofthe 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
7
bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for
property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named
insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the
cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City
signing the plat.
J. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, subject to paragraph 30, 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. 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 de-watering, etc. Any deviation from the above
hours are subject to approval of the City Engineer.
M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for
every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of
the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30.
32. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or registered mail at the following address:
Jim Ostenson
James Development Company
7808 Creekridge Circle, Suite 310
Bloomington, MN. 55439
Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by
certified mail or registered mail in care of the City Administrator at the following address:
John F. Erar, City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
8
SIGNATURE PAGE
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
By:
John F. Erar, City Administrator
DEVELOPER:
Rock Cliff Development LLC,
By:
Its:
Craig A very
Chief Manager
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
LLC, a limited liability company under the laws of Minnesota, on behalf of the company.
of Rock Cliff Development
Notary Public
10
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
106
FROM:
Mayor and Council *mbers,
City Administrator~
Michael Schultz i\f)
Associate PlanneJAY
TO:
SUBJECT:
Consider Resolution - Tamarack Ridge/Centex Development Contract
DATE:
August 21, 2000
INTRODUCTION
The Development Contract for Tamarack Ridge/Centex 1 st Addition 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 Ridge/Centex 1 sl 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 Ridge/Centex1 sl 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
Ridge/Centex 1 st 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 include water main construction. The construction of
209th Street will be completed by December 1St, 2001. The Developer will post a surety for
said improvements by April 1st, 2001. The developer will be reimbursed by the City for the
209th Street improvement costs apportioned to the residents along the south side of 209th
Street.
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 1 st, 2001. The Developer will post a surety for said improvements by April 1 st,
2001.
ACTION REOUESTED
Consider resolution approving the execution of the Tamarack Ridge/Centex 1 st Addition
Development Contract and authorize its signing contingent upon the above conditions and
approval by the Engineering Division.
Michael Schultz
Associate Planner
cc: Jim Ostenson, James Development
Steve V olbrecht, Centex Homes
RESOLUTION NO. R-
APPROVING DEVELOPMENT CONTRACT
TAMARACK RIDGE
CENTEX 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 21st day of August, 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 1st Addition.
WHEREAS, pursuant to Resolution No. R46-00, the City Council approved the Final Plat of Tamarack
Ridge 1st 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 include water main construction. The construction of 209th Street will
be completed by December 1st, 2001. The Developer will post a surety for said improvements by
April I st, 2001. The developer will be reimbursed by the City for the 209th Street improvement costs
apportioned to the residents along the south side of 209th Street.
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 1St, 2001.
The Developer will post a surety for said improvements by April 1 st, 2001.
The Mayor and Administrator are hereby authorized and directed to sign such contract.
This resolution adopted by recorded vote of the Fannington City Council in open session on the 21st dav
of August, 2000.
Gerald Ristow, Mayor
Attested to this _ day of
,2000.
SEAL
John F. Erar, City Administrator
DEVELOPMENT CONTRACT
AGREEMENT dated this day of , 2000, by and between the City of Farmington, a Minnesota
municipal corporation (CITY) and Centex Homes, a Nevada general partnership (DEVELOPER).
1. Request for Development Approval. The Developer has asked the City to approve a development for Centex Homes
(also referred to in this Development Contract [CONTRACT or AGREEMENT] as the DEVELOPMENT). The land is
legally described as:
Lots 21, 22, 23, 24, 25, 26, 27, 28 Block 2 and Outlot G 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 1'\ 2001. The Developer will post a surety
for said improvements by April 1 '\ 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 A venue and 20Sth Street between Cantata A venue and
Cambodia Avenue in accordance with plans and specifications approved by the City. The construction of Cantata Avenue
and 20Sth Street will be completed hy December 1'\ 2001. The Developer will post a surety for said improvements by
April 1'\ 2001.
3. Development Plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be
attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this
Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract,
subject to paragraphs 6 and 31 G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - Zoning/Development Map
Plan E - Wetlands Mitigation as required by the City
Plan F - Final Street and Utility Plans and Specifications
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The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone.
4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this
subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fmal utility plan and a zoning
map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining
neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall
be included.
5. ZonimuDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map ofthe plat and land within 350' of
the plat containing the following information:
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
6. Required Public Improvements. The Developer shall install and pay for the following:
a. Sanitary Sewer Lateral System
b. Water System (trunk and lateral)
c. Storm Sewer
d. Streets
e. Concrete Curb and Gutter
f. Street Signs
g. Street Lights
h. Sidewalks and Trails
i. Erosion Control, Site Grading and Ponding
j. Traffic Control Devices
k. Setting of Lot & Block Monuments
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 July 1,2001, in accordance with
the requirements set forth in the City's Engineering Guidelines. The I)eveloper 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.
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8. Ownership ofImprovements. Upon the completion of the work and construction required to be done by this Agreement,
and written acceptance by the City Engineer, the improvements lying within public easements shall become City property,
except for cable TV, electrical, gas, and telephone, without further notice or action.
9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor
material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is
two years. The warranty period for the streets shall commence after the fmal wear course has been completed and the streets
have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their
completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required
testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to
complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for
the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be
warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety
acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer
until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever
first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures
for final acceptance of streets and utilities.
10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile
and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been
furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City
Engineer.
If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property
owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved
the proposed grading changes.
11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the
City. The City may impose additional erosion control requirements if it is determined that the methods implemented are
insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded
forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency
determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion
immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the
Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may
draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless
the plat is in full compliance with the erosion control requirements.
The Developer is responsible for Erosion 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 $384 based upon the number of acres in
the development.
12. LandscaDine:. 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 1) a height that exceeds four feet
or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be
constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State
of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer
evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining
walls that are part of the development plans, or special conditions referred to in this Contract that are required to be
3
constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is
required to be built.
13. Phased Development. The development shall be developed in one (1) phase in accordance with Plans A-F. Lots 21-28,
Block 2 are to be developed under this contract. Outlot G is to be developed in a future phase (except for grading as previously
provided for under the preliminary plat) and will require separate development contracts. No earth moving, construction of
public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed
in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve
final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to
the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent
phases may not proceed until development agreements for such phases are approved by the City.
14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof
which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or
dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed
to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full
extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan
(including removing unplatted property from the urban service area), official controls, platting or dedication requirements
enacted after the date of this Agreement and may require submission of a new plat.
15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of $66,532 in lieu
ofthe property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat
over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time.
The Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time
the Development Contracts for those phases are entered into.
16. Wetland Conservation and 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 $15,484 for the development in lieu
of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat
over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment
shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time
the Development Contracts for those phases are entered into. A credit of $14,928 will be given to the Developer for Water
Main Trunk oversizing within the development. The net result is that the assessments will be based on a charge of$556.
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $35,560 for the development 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 $11,957 for the
development in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not
4
outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum.
The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed
or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available
pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
20. Park Dedication. The Developer shall pay a park dedication fee of $27,261 in satisfaction of the City's park dedication
requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year
period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed
adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The
Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the
time the Development Contracts for those phases are entered into.
21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees
to pay a fee of $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 $563 based upon the number of
acres within the subdivision.
23. Easements and Dedications. The Developer shall furnish the City at the time of execution of this Agreement with the
easements designated on the plat. Outlot D is a City outlot for storm water ponding purposes. Under separate agreement, the
Developer agrees to maintain Outlot D without restricting the City's rights of quiet use and enjoyment ofthe outlot for storm
water ponding purposes.
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 ifrequired by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall
be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to
clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs.
26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all
public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or
alternative security acceptable to the City Administrator, from a bank (security) for $831,734. 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 *
$ 60,000
$ 100,000
$ 153,750
$ 421,250
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 2,500
$ 16,250
$ 18,750
$ 12,500
$N/A
5
Two Years Principal and Interest on Assessments $46,734
This breakdown is for historical reference; it is not a restriction on the use of the security.
* The GradingJErosion Control is secured by a separate letter of credit.
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 hannless 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, material men, or others that have performed work
required by this Contract, that the sums due them have not been paid, and the laborers, material men, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the
claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days
shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the
right to draw from the Developers security to pay the bills.
28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all
construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer.
29. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading
options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing
and grubbing operations shall be disposed of off site.
30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the
City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this
agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the
City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
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.
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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 final platted and/or
has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any breach of the 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.
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1. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, subject to paragraph 30, 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; 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 de-watering, etc. Any deviation from the above
hours are subject to approval of the City Engineer.
M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for
every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of
the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30.
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:
Scott Richter
Centex Homes
12400 Whitewater Drive #120
Minnetonka, MN. 55343
952.936.7833
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
651.463.1800
8
SIGNATURE PAGE
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
By:
John F. Erar, City Administrator
DEVELOPER:
Centex Homes, a Nevada general partnership
By: Centex Real Estate Corporation, its managing general partner
By:
Its:
Scott J. Richter
Division President
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 Scott J. Richter, the Division President of Centex Real Estate Corporation, a Nevada Corporation, its managing general
partner of Centex Homes, a Nevada general partnership, on behalf of the partnership.
Notary Public
10
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/o~
TO:
Mayor, Council M...ee~mb r '.
City Administrat~ ~ r
Lee Smick, AICP ^ 0
Planning Coordinator y>'
FROM:
SUBJECT:
Consider Resolution - Middle Creek Estates Preliminary Plat/PUD (formerly
Murphy Farm)
DATE:
August 21, 2000
INTRODUCTION
DR Horton and Arcon Development Inc. jointly propose to plat 237 lots within the 249-acre site
of Murphy Farm located east of CSAH 31, south of Vermillion Grove, west of Akin Road and
north of Middle Creek and the Farmington Industrial Park. The property was rezoned to R-3
PUD High Density Residential on February 7, 2000 with an amendment to include 35 acres to
the south of the project approved on April 3, 2000. A negative declaration, stating that the
project does not have potential significant environmental effects that warrant the preparation of
an Environmental Assessment Worksheet was accepted by the City Council on July 17,2000.
DISCUSSION
Single-Family Lots
A total of 143 single-family lots are proposed on the preliminary plat. The single-family lot size
ranges from 9,325 square feet to 30,540 square feet with an average lot size of 11,092 square
feet. The larger lots are generally along the existing gas pipeline easement.
Within the single-family development, City streets are proposed at 30 feet from the back of curb
to the back of curb. The Developer is also required to provide a sidewalk on one side of the
street due to the narrower street widths.
Multi-Family Lots
DR Horton/Arcon Development proposes to plat 94 multi-family villa units on the preliminary
plat. Each unit will be platted as a separate lot. The multi-family portion of the plat contains
private roadways of 24 feet in width measured from the back of curb to the back of curb. The
homeowners association will maintain these roadways.
Outlots Proposed on the Property
There are a number of outlots proposed on the preliminary plat (sheet 4 of 20). The following is
a list of the uses for each outlot:
Outlot A
Outlot B
Outlot C
Outlot D
Outlot E
OutlotF
Outlot G
Outlot H
Outlot I
Outlot J
Outlot K
OutlotL
DNR Protected Wetland
Future Development including Wetlands
Future Development including Wetlands
Future Park
Future Development
Future Roadway right-of-way
Future Development
Future Development
Road Entrance Feature
Road Entrance Feature
Road Entrance Feature
Road Entrance Feature
14.0 acres
101.4 acres
27.9 acres
12.4 acres
4.1 acres
1.5 acres
7.3 acres
0.6 acres
450 s.f.
450 s.f.
450 s.f.
450 s.f.
On April 3, 2000, the City Council authorized the redesignation of MUSA to the 6.5-acre site on
the east side of CSAH 31 from the Riverbend property in the northeast portion of the City (see
attached City Council Minutes - 4/3/00). Therefore the 6.5 acres contain 56 multi-family units
as shown on the preliminary plat.
A total of 128 units were recently removed from the preliminary plat because the units were
proposed outside of the current MUSA. Section 11-2-4 (A-I) of the zoning code states that
subdivisions that are deemed premature if its location is outside of the urban service limits
established by the Farmington Comprehensive Plan. However, as the City Council is aware, the
MUSA Staging Plan is being reviewed and this area may be included within the MUSA at a later
date.
Transportation Issues
The preliminary plat shows three accesses from the property. The first access is 203rd Street
(Street C) to the west that intersects with CSAH 31and is proposed with a 70-foot right-of-way
and 40-foot roadway measured from the back of curb to the back of curb. This roadway is
shown as a future east/west minor collector on the 2020 Thoroughfare Plan. A majority of the
traffic is expected to enter and leave the property from this access, thereby requiring a left turn
lane on CSAH 31 into the development.
The second access (Street J) intersects CSAH 31 through the Villa Townhomes along the
southern portion of the property. The roadway is proposed with a 60-foot right-of-way and 34-
foot roadway measured from the back of curb to the back of curb. This roadway is proposed to
provide a southerly east/west local street.
The third access (Street A) connects to the north through the proposed Vermillion Grove
development. This access is also considered a north/south minor collector running the length of
the site with a jog along 203rd Street in the northeastern portion of the site. This roadway is also
proposed with a 70-foot right-of-way width with a 40-foot roadway measured from the back of
curb to the back of curb.
2
Dakota County Plat Commission Comments
The attached letter from the Dakota County Plat Commission dated July 26, 2000 states that the
preliminary plat "does not provide for local street integration with County highways as called for
in the Contiguous Plat Ordinance." The County is concerned that the development does not
contain a north/south collector street as called for in the City's 2020 Comprehensive Plan.
However, the plat does not show the continuation of Street A to 20Sth Street because the street is
proposed in a future phase of the project. The attached Schematic Plan shows the conceptual site
plan with the continuation of Street A to the south. In the Middle Creek Estates project, Street A
intersects with Street C, another local collector, and then turns towards the south to complete the
north/south alignment. Additionally, Street A is shown on the attached preliminary plat for
Vermillion Grove and intersects with 19Sth Street to the north. The attached 2020 Thoroughfare
Plan also illustrates the required north/south collector and Street A meets the local north/south
collector requirements. City staff will discuss this item with the County Plat Commission at
their next meeting. In the final analysis, the City will require this street connection as future
phases of the development are proposed and approved.
Gas Pipeline Issue
As shown on the preliminary plat, a 100-foot wide gas pipeline easement runs north/south
through the property. In some locations along the pipeline, the housing pads encroach upon the
easement line. The gas company does not allow encroachment of structures, sheds or decks
within the pipeline easement. Therefore, it may be problematic to attach decks to the rear of
homes near the easement. The City is requesting that the Developer inform homebuyers
concerning the easement or redesign the plat in certain areas near the pipeline in order to
alleviate future problems with homeowners desiring decks or sheds within their backyards. As
this issue has been identified in the preliminary plat process, the Developer will need to take
appropriate actions prior to final plat approval.
Land Acquisition
At the January 11, 2000 Planning Commission meeting, the Commissioners recommended
approval of the Middle Creek Estates (formerly Murphy Farm) Schematic PUD to rezone the
property to R-3 PUD with the exception of the Wilson property. The Steve Wilson property at
5200 W. 203rd Street (shown as an exception on the plat) lies in the north-central portion of the
site and consists of 4 acres. The property is not part of the Middle Creek Estates Preliminary
Plat review and remains R-l.
The remaining issue is the Daniel McCarthy property at S014 W. 203rd Street located south of
an easement proposed for the continuation of 203rd Street and east of the Middle Creek Estates
Preliminary Plat. The eastern half of the preliminary plat is shown as Outlot B, therefore a
resolution of the easement is not required at this time. Further platting of the property towards
the east will require a resolution to the easement issue.
3
Planning Commission Meeting - August 8, 2000
At the August 8, 2000 Planning Commission meeting, the Commissioners reviewed a number of
issues that needed to be addressed by the Developers, DR Horton and Arcon Development. The
items below contain the issues that were addressed. The response by the Developer for each
item is provided in the attached letter from the Developer's engineer dated August 2, 2000.
1. The plat name for Murphy Farm needs to be renamed due to the name being previously used
on another plat in Dakota County.
2. The 128 units shown outside of the MUSA are identified as a premature subdivision in the
zoning code (11-2-4 (A-I) and are not allowed to be platted at this time.
3. The Parks & Recreation Commission require that a park site be identified in the southern
portion of the project that is not susceptible to flooding and is large enough to provide space
for a ballfield.
4. Street J is proposed to provide a southerly east/west local street, however, because of the
proposed traffic along this roadway, City staff require that the roadway width be increased to
34 feet measured from the back of curb to the back of curb rather than the proposed 30-foot
back to back. Because of the requirement, the configuration of the townhomes will need to
be modified to prevent Buildings 4 and 5 in Lot 6 and 4,5, and 6 in Lot 7 from being shifted
into the proposed Middle Creek floodplain.
5. Request that the Developer make homebuyers aware of the gas pipeline easement so that
future applications for decks or storage sheds are taken into account and do not encroach
within the easement.
6. Approval of the Murphy Farm Preliminary Plat is contingent upon all engineering
requirements being addressed. The issues related to engineering comments are included in a
staff memo by Lee Mann dated July 19,2000.
7. An agreement needs to be resolved between Rottlund Homes and DR Horton/Arcon
Development concerning the timing of the installation of an outlet in the DNR protected
wetland 353W.
These stipulations by the Planning Commission have been adequately addressed by the
Developer.
ACTION REQUESTED
Adopt a resolution approving the Middle Creek Estates Preliminary Plat/PUD contingent upon
engineering requirements.
4
f'7 ,,',
]22.(
Respectfully submitted,
C' ()
~~
Lee Smick, AICP
Planning Coordinator
cc: DR Horton, Don Patton
Arcon Development, Larry Frank
5
RESOLUTION NO.
APPROVING PRELIMINARY PLAT/PUD
MIDDLE CREEK ESTATES
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 21 st day of August,
2000 at 7:00 P.M.
Members Present:
Members Absent:
introduced and Member _ seconded the following:
Member
WHEREAS, the preliminary plat of Middle Creek Estates is now before the Council for review
and approval; and
WHEREAS, a public hearing of the Planning Commission was held on the 25th day of August and
was continued to the 8th day of August, 2000 after notice of the same was published in the official
newspaper of the City and proper notice sent to surrounding property owners; and
WHEREAS, the City Council reviewed the preliminary plat; and
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly
served by municipal service.
NOW, THEREFORE, BE IT RESOLVED that the above preliminary plat be approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
21 st day of August, 2000.
Gerald Ristow, Mayor
Attested to the _ day of_.
John F. Erar, City Administrator
.**..
~ PIO.NEE~
* engineering
*..*ic
Civil Engineers. Land Planners · Land Surveyors · Landscape Architects
August 2, 2000
Ms. Lee Smick
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
RE: MIDDLE CREEK ESTATES, Farmington
P.E. Job # 199062
Dear Ms. Smick:
Pioneer Engineering has revised the Murphy Farm preliminary plat package which was continued
to the August 8,2000 Planning Commission. Attached are eight copies of the revised package,
and eight reductions for your use in preparing the information for the Planning Commission.
The revisions are based on the staff comments on the Murphy Farm preliminary plat submission.
In addition the multiple family units have been revised to a townhome with individual lots required
for each townhome unit.
The following revisions have been made to the Middle Creek preliminary plat.
1. The preliminary plat was renamed to "Middle Creek Estates."
2. The 128 units outside the MUSA area have been removed from the preliminary plat.
These areas are now called out as outlots. The remaining portion of the preliminary plat
package has the future property lines showing for reference only.
3. The Parks and Recreation department has approved an area in the southern portion of the
preliminary plat for use as a baseball field. This baseball field and the area around it to be
used as parkland, have been called out as the separate Outlot D.
4. Street J was adjusted to a 34 foot back to back curb width. This required a slight
adjustment to the south of the eastern two units in Block 6, and of the western most unit
in Outlot E.
5. No house pads currently are within the gasmain easement. However, some storm sewer
structures have been shifted to be removed from the gasmain. Arcon and D.R Horton
have indicated home buyers will be notified about the presence of the gasmain.
2422 Enterprise Drive. Mendota Heights, Minnesota 55120. (651) 681-1914. Fax 681-9488
625 Highway 10 N.E. . Blaine, Minnesota 55434. (612) 783-1880. Fax 783-1883
Ms Lee Smick
August 2, 2000
page 2
6. Several revisions were made based on Lee Mann's comments.
A. All ponding areas are now in outlots. Ultimate pond and Outlot layouts will be
determined when final storm sewer design is approved by Eric Peters. A slight revision of
the lots around the cul-de-sac south of Wilson property was made for the ponding area.
B. Park areas have been called out as Outlot D and Outlot A.
C. The preliminary plat has a 75-foot right of way from the centerline along Pilot Knob,
15 extra feet from the existing 60-foot right of way.
D. The cul-de-sacs have been revised to have a 15' radius to face of curb on the island, as
per City plate STR-09A.
E. See comrrient 4 above.
F. No street grades are above 7% in the existing preliminary grading plan at this time.
This requirement will be followed in the final grading plan.
G. At this time no connection is indicated with Akin Road. In the future, when a
connection will be determined, the proper turn lanes will be installed.
H. Dakota County has reviewed the preliminary plat and made several comments. First,
the two connections to Pilot Knob meet the required separation for full intersections.
Second, with expected increases in traffic on Pilot Knob, noise may become a problem.
The Arcon and DR Horton have been made aware of this concern. The site has been
designed to keep the housing units as far set back from Pilot Knob as possible with
topography, trees, gasmain, and setback, and right of way restrictions. Third, a concern
was raised about the interconnectivity of the local roadways. As noted on the Murphy
Farm PUD, a collector will run north/south on the east side of the gasmain, which is not
noted on the preliminary plat. When this collector is constructed, the interconnectivity of
the site will be greatly improved. Fourth, any turn lanes which may be required by the
county will be addressed at the final plan/permit stage.
1. Utility and Strom water issues will be addressed in more detail in the final design of the
site, as each phase is constructed. Pioneer is currently working with Lee Mann, Rottlund,
DR Horton, and Arcon Development on the sanitary sewer design along Pilot Knob and
other areas. As noted in Lee Mann's comments, most of the finer design details will be
worked out in the final platting process.
Ms Lee Smick
August 2, 2000
page 3
7. D.N.R. wetland 353W issues. A culvert will be installed from the southern edge of the
existing wetland to the north/south wetland east of the gasmain. The existing wetland is
landlocked, and this culvert will help maintain the existing water elevation. The City of
Farmington Surface Water Management Plan indicates this should be a 12" culvert with and inlet
elevation of908. Also, a concern was raised about the possibility water in the wetland may reach
an existing nearby pool. Available information indicates the pool has an elevation of912.
Preliminary calculations indicate a rainfall event of 15" would be required to reach an elevation of
911.9 in the fully developed condition with the outlet. The same rainfall event with existing
conditions without the outlet, indicate a highwater elevation of912.3, flooding the pool.
If you have any questions, or require additional information, give me a call.
Sincerely,
PIONEER ENGINEERIN~, P~ / "/
~k~
Keith A. Willenbring, P.E.
cc: Larry Frank, Arcon Development
Don Patton, DR Horton
Mike Suel, DR Horton
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmin~on.mn.us
TO: Lee Smick, Planning Coordinator
FROM: Lee M. Mann, Director of Public Works/City Engineer
SUBJECT: Murphy Farm Preliminary Plat Review
DATE:
July 19,2000
Engineering staff has reviewed the preliminary plat for the above referenced project and
forwards the following comments:
Plat Issues
1. Ponds must be platted as outlots to the high water level. Access to ponds on outIots
must be included within the outlot.
2. The parkland areas need to be defined and platted as Outlots.
3. 15-feet of additional right-of-way needs to be platted along CSAH 31 for future
expansion of the County roadway.
Street Issues
1. All street designs must be in accordance with City standards. See City plate STR-
09A (Revision date May 2000) for cul-de-sac with island detail.
2. Street "J" needs to be designed 32-feet face to face.
3. Street grades should be limited to a maximum of7.0%.
4. Turn lane and bypass lane improvements will be required on Akin Road at
intersections with proposed project streets.
5. Dakota County requirements for intersections with CSAH 31 must be met.
Murphy Farm Preliminary Plat Review
07/21/00
Page 2
Utility Issues
1. The water and sewer systems for the site needs to comply with the City's
comprehensive Water Supply and Distribution Plan and Sewer Policy Plan
respectively.
2. Confine utilities (water, sanitary and storm) to the road right-of-way and lot lines
whenever feasible. Exceptions for conservation of trees and minimizing sanitary
sewer depth will be considered.
3. Sanitary sewer proposed to be located along rear and side lot lines will require larger
easements for future access and maintenance.
4. Structures (gatevalves, manholes, etc.) need to be located outside of the gas main
easement. When crossing pipeline easements, cross perpendicular to pipeline. Utility
and house pad layout must be reviewed with the gas company.
5. Trunk water main needs to be routed through the site per the Water Supply and
Distribution Plan.
Storm water Issues
1. The storm sewer systems for the site need to comply with the City's Surface Water
Management Plan (SWMP).
2. Submit storm sewer design worksheet, storm sewer profiles with drainage area map
for final plat review. Storm sewer design will need to be approved before grading
plan approval.
3. Confine drainage to rear and side lot easements. An easement must be provided for
all drainage routes.
4. The southeast pond high water level encroaches onto the gasmain easement.
5. The design of the site along the floodplain of Middle Creek needs to be submitted for
review and approval by the City. After approval of the design by the City, the Letter
of Map Revision based on Fill application can be completed and submitted to FEMA.
6. Erik Peter's review ofthe storm sewer ponding system submittal will not be complete
until the latter part of the week of July 24th.
The preceding comments will need to be addressed during the final platting process. Further
comments will be forthcoming upon review of the final construction plans.
Survey and Land Information
Gary H. Stevenson. P.LS.
County Surveyor
Land Information Director
Dakota County
Western Service Center
14955 Galaxie Avenue
Apple Valley. MN 55 124-8579
612.891.7087
Fax 612.891.7097
www.co.dakota.mn.us
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July 26~ 2000
City of Farmington
325 Oak Street
Farmington MN 55024
Attention:
Re:
Michael Schultz, Associate Planner
MURPHY FARM 1ST ADDITION
The Dakota County Plat Commission met on July 24, 2000, to consider the prelinii"tary plat of MURPHY
FARM 1ST ADDITION. Said plat is adjacent to CSAH 31, and is therefore, subject to the Dakota County
Contiguous Plat Ordinance.
The name of MURPHY FARM has already been used for a plat in Dakota County and cannot be used for
. this development.
After review, the Plat Commission does not recommend approval of this preliminary plat, as it does not
provide for local street integration with the county highway system as called for in the Ordinance.
The County's Right of Way Guideline is 75 feet of half right of way for a four-lane divided highway.
CSAH 31 is designated as a future four-lane divided highway.
The County's Access Spacing Guideline for public streets is one-quarter mile for a full intersection and an
eighth-mile for right-in/out on CSAH 31. The two proposed streets, Street C (203rd Street) and Street J
(205m Street) meet the County's guideline and will set the full intersection locations for future city streets
to the west.
Dakota County's Transportation Plan Policies require that land use impacts of development on County
roads be documented prior to approval of a plat. Because of the scope of this plan, the Plat commission
will require traffic projections for the proposed development before making a final recommendation.
The Plat Commission always recommends that the City look at interconnectivity of local streets to provide
safe and efficient traffic by minimizing access to the County Highway system. It appears the proposed
development does not plan for local road system integration with the County system. The development
does not contain a north-south collector street as called for in the City's 2020 Thoroughfare Plan. Without
interconnectivity of local streets the transportation burden is placed on the County system and the
development does not handle the transportation needs of this area.
Traffic volumes on CSAH 31 are 3,150 and are anticipated to be 9,000 ADT by the year 2020. These
traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for
the proposed plat. Residential developments along County highways commonly result in noise
complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential
units, substantial building setbacks, buffer areas. and other noise mitigation elements should be
incorporated into this development.
+:
City of Farmington
Page twi
July 26, 2000
No work shall commenclin the County right of way until a permit is obtained from the County Highway
Department and no permit will be issued until the plat has been filed. The Plat Commission does not
review or approve actual engineering design of proposed accesses and other improvements made in the
right of way. The permit process reviews the design and may require construction of highway
improvements not discussed during plat reviews, including, but not limited to, turn lanes, drainage
features, etc.
~
.~~ H. Steve~on ---
Secretary, Plat Commission
----..
---
C: Pioneer Engineering
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City of Farmington
325 Oak Street. Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
IOd
FROM:
Mayor, Council Members,
City Administrato~
Lee Smick, AICP ~/'{ ;()
Planning Coordinator tJY
TO:
SUBJECT:
Consider Subdivision Variance Request - Vermillion Grove
DATE:
August 21, 2000
INTRODUCTION
Rottlund Homes requests a variance from the maximum cul-de-sac length of 500 feet within the
Vermillion Grove PUD as required in City Code 11-4-3 (B).
DISCUSSION
The City Council approved the Vermillion Grove Preliminary Plat on July 17, 2000 contingent
upon the approval of a variance from the maximum cul-de-sac length of 500 feet. The
development contains two cul-de-sacs that exceed the 500-foot requirement. Streets D and E
exceed the 500-foot maximum by 98 and 115 feet respectively. The cul-de-sacs were measured
from the curb line of the intersecting street to the center of the cul-de-sac.
Streets C and N were also examined and were determined to fall below the 500-foot maximum
length. The lengths of Street C and N were measured from the curb line of Street B to the
intersecting center lines of Street C and N measuring 465 feet. At the 465- foot measurement the
roadway branches into two separate cul-de-sacs allowing .turnaround accesses on both streets.
Therefore, Rottlund Homes requests a variance from the 500-foot maximum cul-de-sac length
requirement up to 115 feet for Streets D and E.
The Planning Commission recommended approval of the variance request on August 8, 2000 to
exceed the 500-foot maximum cul-de-sac length code requirement up to 115 feet. The Findings
of Fact for approval of the variance are as follows:
(A) That there are special circumstances or conditions affecting the property such that the
strict application of the provisions of this Title would deprive the applicant of the
reasonable use of his land.
Response: The longer cul-de-sacs allow for the clustering of homes to reduce the
amount of tree loss as well as reduce large amounts of grading required with
conventional subdivisions. Additionally, because of the large expanse of wetlands along
...............- ~--
~
the southern portion of the site, a conventional layout would deprive the applicant of the
reasonable use of his land.
(B) That the granting of the variance will not be detrimental to the public health, safety and
welfare or injurious to other property in the territory in which the property is situated.
Response: The Fire Marshal has reviewed the cul-de-sac length and determined that if
the cul-de-sac has an unobstructed lane of traffic 20 feet in width and an adequate
turnaround radius, the Fire Department would accept a cul-de-sac length of more than
500 feet.
(C) That the variance is to correct inequities resulting from an extreme physical hardship
such as topography, etc.
Response: Street D is shown directly to the north of the 31.1 acres of wetlands on the
site. The longer cul-de-sac allows the developer to utilize additional buildable acreage,
whereas with a conventional subdivision design, the developer would be deprived of the
reasonable use of his land. The wetland exhibits an extreme physical hardship to the
layout of the property without the approval of the variance.
Street E is located at the southwestern edge of the site. An existing 100-foot wide gas
pipeline easement prohibits the construction of structures within the easement.
Therefore, the easement increases the Street E cul-de-sac length by 100 feet.
Additionally, because of the easement, layout of single-family housing in this area is
limited to clustering of the homes. The gas pipeline easement also exhibits an extreme
physical hardship to the layout of the property without the approval of the variance.
ACTION REQUESTED
Consider adoption of a resolution approving the variance from the 500-foot maximum cul-de-sac
length requirement up to 115 feet within Vermillion Grove.
Respectfully submitted,
efZbJ;
Lee Smick, AICP
Planning Coordinator
cc: Michael Noonan, Rottlund Homes
2
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
IN RE:
Application of Rottlund Homes
For a Variance from the Maximum
Cul-de-sac Length of 500 feet
FINDINGS OF FACT
AND DECISION
On August 21, 2000 the Farmington City Council met to consider the application of
Rottlund Homes for a variance from the maximum cul-de-sac length of 500 feet. The
hearing was conducted following the City Planning Commission's approval of the variance
to exceed the 500- foot maximum length up to 115 feet. The City Planning Commission
conducted a public hearing on the variance request on August 8, 2000 preceded by
published and mailed notice. The applicant was present and the Board heard testimony from
all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is located in the southeast quadrant of CSAH 31 and 195th Street
consisting of 122.5 acres. Wetlands consist of 31.1 acres of those acres and a
existing 100- foot wide gas pipeline easement runs within the western portion of the
City.
2. The Developer proposes 94 single-family units and 283 multi-family units within the
project.
3. The Developer seeks a variance to Section 11-4-3 (B) of the City Code to allow a
proposed cul-de-sac to exceed the maximum cul-de-sac length up to 115 feet (Street
E). Street D is proposed to exceed the maximum cul-de-sac length by 98 feet.
4. The Developer seeks the variance because the wetlands on the southern half of the
property prevent conventional subdivision layout and would thereby deprive the
applicant of the reasonable use of his land. Additionally, the gas pipeline easement
prevents the building of structures upon the easement and therefore requires the
clustering of single- family homes along the easement to utilize the buildable area.
5. Section 11-6-2-1 of the City of Farmington City Code requires the following
findings be made in granting variances from the minimum standards of the City's
subdivision ordinance:
61335
A. That there are special circumstances or conditions affecting the property
such that the strict application of the provisions of this Title would deprive the
applicant of the reasonable use of his land.
Response: The longer cul-de-sacs allow for the clustering of homes to reduce the
amount of tree loss as well as reduce large amounts of grading required with
conventional subdivisions. Additionally, because of the large expanse of wetlands
along the southern portion of the site, a conventional layout would deprive the
applicant of the reasonable use of his land.
B. That the granting of the variance will not be detrimental to the public health,
safety and welfare or injurious to other property in the territory in which the property
is situated.
Response: The Fire Marshal has reviewed the cul-de-sac length and determined
that if the cul-de-sac has an unobstructed lane of traffic 20 feet in width and an
adequate turnaround radius, the Fire Department would accept a cul-de-sac length
of more than 500 feet.
c. That the variance is to correct inequities resulting from an extreme physical
hardship such as topography, etc.
Response: Street D is shown directly to the north of the 31.1 acres of wetlands on
the site. The longer cul-de-sac allows the developer to utilize additional buildable
acreage, whereas with a conventional subdivision design, the developer would be
deprived of the reasonable use of his land. The wetland exhibits an extreme
physical hardship to the layout of the property without the approval of the
varIance.
Street E is located at the southwestern edge of the site. An existing 1 DO-foot wide
gas pipeline easement prohibits the construction of structures within the easement.
Therefore, the easement increases the Street E cul-de-sac length by 100 feet.
Additionally, because of the easement, layout of single-family housing in this area
is limited to clustering of the homes. The gas pipeline easement also exhibits an
extreme physical hardship to the layout of the property without the approval of the
varIance.
61335
2
DECISION
Applicant's request for a variance to Section 11-4-3 (B) of the City Code to
allow a proposed cul-de-sac to exceed the maximum cul-de-sac length by 115 feet
for Street E and by 98 feet for Street D is granted, in accordance with the plans
reviewed, modified, approved, and recorded in Clerk's Document No. D-OO-
Adopted this 21 SI day of August, 2000.
CITY OF FARMINGTON
BY:
Its Mayor
ATTEST:
Its Administrator
61335
3
(Reserved for Recording Data)
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
VARIANCE
1. PERMIT. Subject to the terms and conditions set forth herein, the City of
Farmington hereby grants a variance to allow the following:
Exceed the 500-foot maximum cul-de-sac length as stated in Section 11-4-3 (B) by 115 feet
for Street D and by 98 feet for Street E.
2. PROPERTY. The variance is for the property in the City of Farmington,
Dakota County, Minnesota as legally described in the attached in Exhibit A.
3. LAPSE. If within one year of the issuance of this variance the allowed
construction has not been completed, this variance shall lapse.
61711
1
,20_
Dated:
CITY OF FARMINGTON
BY:
Gerald Ristow, Mayor
(SEAL)
AND
John F. Erar, City Administrator
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
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
61711
2
'"
,~,
Exhibit "A"
LEGAL DESCRIPTION
That part of the Southwest quarter (SW 1/4) of Section Twenty-four (24), and
that part of the Northwest quarter (lrw 1/4) of Section Twenty-five (25), all in
Township One Hundred Fourteen (114), Range Twenty (20), Dakota County,
Minnesota described as follows:
Beginning at a judicial landmark on the North line of said Southwest Quarter
(SW 1/4) of said Section Twenty-four (24), 1614.3 feet East of the Northwest
corner thereof; thence West 1614.3 feet to a judicial landmark at the Northwest
corner of the Southwest Quarter of said Section Twenty-four (24); thence South
on the West line of said Southwest Quarter (SW 1/4) and on the West line of the
Northwest Quarter (NW 1/4) of said Section Twenty-five (25) 2,937.5 feet to a
judicial landmark; thence East on a line parallel to the North line of the
Northwest Quarter (NW 1/4) of said Section Twenty-five (25), and 329.2 feet
South thereof; 2646.7 feet to a judicial landmark on the East line of said
Northwest Quarter of said Section Twenty-five (25); thence North on said East
line and on the .East line of the Southwest Quarter of said Section Twenty-four
(24), 1,533.11 feet to a judicial landmark; thence South 83 degrees 14 minutes
23 seconds West (the East line of the Southwest Quarter of said Section
Twenty-four (24) assumed to be North 0 degrees 15 minutes 30 seconds West) 80.2
feet to a judicial landmark; thence North 54 degrees 51 minutes 40 seconds West
1081.05 feet to a judicial landmark; thence North 14 degrees 0 seconds East
467.47 feet to a judicial landmark and to the intersection of said line with a
nontangent curve, radius if 1146.28 feet, which bears North 55 degrees 52
minutes 40 seconds East from that point of intersection; said curve being the
center line of County Road No. 31 as now established; thence Northwesterly
along said center line curve, said curve being concave to the Northeast, an arc
length of 436.29 feet, central angle of 21 degrees 48 minutes 27 seconds to a
judicial landmark, being the point of beginning according to the Government
Survey thereof.
Excepting therefrom that north 1303.89 feet to the West 792.00 feet of the
Southwest Quarter of Section 24, Township 114 North, Range 20 West, Dakota
County, Minnesota.
AND ALSO EXCEPTING THE FOLLOWING:
That part of the Southwest Quarter of Section 24, and that part of the
Northwest Quarter of Section 26, all in Township 114 North, Range 20 West,
Dakota County, Minnesota described as follows:
Beginning at the northwest corner of the Southwest Quarter of said Section 24;
thence southerly on the west line of said Southwest Quarter and on the west
line of the Northwest Quarter of said Section 25, a distance of 2,937.5 feet to
a judicial landmark as called for in Certificate Title No. 108101 on file in the
Registrar of Titles office ~n Dakota County, Minnesota; thence on an assumed
bearing of South 88 degrees 29 minutes 37 seconds East on a line parallel with
the north line of the Northwest Quarter of said Section 25, and 329.2 feet
south thereof, thence North o degrees 16 minutes 27 seconds East 425.57 feet;
STEW ART TITLE
GUARANTY COMPANY
,- .
thence northerly 345.85 feet along a tangential curve concave to the west
having a radius of 1909.86 feet and a central angle of 10 degrees 22 minutes 32
seconds; thence North 10 degrees 06 minutes 05 seconds West, tangent to said
curve 937.04 feet; thence northerly 493.81 feet along a tangential curve
concave to the east having a radius of 2864.79 feet and a central angle of 9
degrees 52 minutes 34 seconds; thence North 0 degrees 13 minutes 31 seconds
West, tangent to said curve 759.84 fee to the north line of the Southwest
Quarter of said Section 24; thence North 89 degrees 48 minutes 07 seconds West
20.00 feet along said north line to the northwest corner of the Southwest
Quarter of said Section 24 and the point of beginning.
Excepting therefrom the North 1303.89 feet on the West 792.00 feet of the
Southwest Quarter of Section 24, Township 114 North, Range 20 West, Dakota
County, Minnesota.
Subject to an easement to Dakota County for highway purposes.
Being registered land as is evidenced by Certificate of Title No. 113097.
XNFORMATION NOTE: The Office of the Registrar of Titles advises that the
Owner's Duplicate Certificate was taken out on 1-8-98 by Dakota County Attorney.
NOTE: OWNER'S DUPLICATE CERTIFICATE OF TITLE MUST BE SUB~TTED AT
CLOSING.
11-4-3
11-4-3:
(A)
t(B)
(C)
11 -4-3
STREETS AND ALLEYS:
Streets, Continuous: Except for cul-de-sacs, streets shall connect
with streets already dedicated in adjoining or adjacent subdivisions,
or provide for future connections to adjoining unsubdivided tracts, or
shall be a reasonable projection of streets in the nearest subdivided
tracts. The arrangement of thoroughfares and collector streets shall
be considered in their relation to the reasonable circulation of traffic,
to topographic conditions, to runoff of storm water, to public
convenience and safety, and in their appropriate relation to the
proposed uses of the area to be served.
Local Streets And Dead-End Streets: Local streets should be so
planned as to discourage their use by non local traffic. Dead-end
streets are prohibited, but cul-de-sacs shall be permitted where
topography or other physical conditions justify their use. Cul-de-sacs
shall not be longer than five hundred feet (500'), including a terminal
turnaround which shall be provided at the closed end, with a right-of-
way radius of not less than sixty feet (60'). The lots in cul-de-sacs
shall be arranged in a manner which anticipates snow removal.
Street Plans For Future Subdivisions: Where the plat to be submitted
includes only part of the tract owned or intended for development by
the subdivider, a tentative plan of a proposed future street system
for the unsubdivided portion shall be prepared and submitted by the
subdivider.
(D)
Temporary Cul-De-Sac: In those instances where a street is
terminated pending future extension in conjunction with future
subdivision, a temporary turnaround facility shall be provided at the
closed end, in conformance with cul-de-sac requirements.
(E)
Provisions For Resubdivision Of Large Lots And Parcels: When a
tract is subdivided into larger than normal building lots or parcels,
such lots or parcels shall be so arranged as to permit the logical
location and openings of future streets and appropriate
resubdivision, with provision for adequate utility connections for such
resubdivision.
(F)
Street Intersections: Under normal conditions, streets shall be laid
out so as to intersect as nearly as possible at right angles, except
where topography or other conditions justify variations. Under normal
conditions, the minimum angle of intersection of streets shall be
eighty degrees (800). Street intersection jogs with an offset of less
299
City of Farmington
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/Oe
TO: Mayor, Councilmembers, City Administrator?'V'
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Rottlund/D.R. Horton Request for Public Improvement
DATE: August 21, 2000
INTRODUCTION
A Trunk Storm Sewer outlet is identified in the City's Surface Water Management Plan that is
proposed to connect two designated ponding areas within the proposed Middle Creek Estates
Development.
DISCUSSION
Pond F-P7.2, as identified in the City's Surface Water Management Plan (SWMP) is a DNR
protected wetland (# 19-353W). This pond is located on the Rottlund property (Vermillion Grove)
and the D.R. Horton property (Middle Creek Estates, formerly known as Murphy Farms). The pond
is proposed to outlet to the south to another ponding area, pond F-P7.3 (see attached map). The
City's SWMP identifies outlet improvements that need to be constructed when development occurs
and additional surface water is directed to the DNR protected wetland (Pond F-P7.2).
The DNR has indicated through the EA W process that the outlet for the protected wetland needs to be
permitted for and constructed as soon as possible with the development of the adjacent properties.
The DNR has made the construction of the outlet a requirement for both the Rottlund and D.R.
Horton projects. Rottlund and D.R. Horton are requesting (see attached letter) that the City undertake
the permitting and construction ofthe project.
The outlet needs to be installed due to the Rottlund project since their project will be routing surface
water to the wetland; however, while D.R. Horton will not be routing surface water to the wetland,
the outlet for the wetland is located on D.R. Horton's property. The developers feel that due to the
permitting, technical design and coordination issues that are necessary for the outlet, constructing the
improvements as a City project will be more expedient and the DNR will be more comfortable with
the process.
BUDGET IMPACT
The budget impact will be presented in the feasibility study prepared for the improvements; however,
the Council should be aware that the Surface Water Management Fees generated from the Rottlund
and D.R Horton projects will cover the cost of this improvement. In addition, the Storm Water Fund
contains adequate funds to finance these improvements.
ACTION REQUESTED
Adopt the attached resolution authorizing staff to prepare a feasibility report and plans and
specifications for the outlet for Pond F-P7.2.
Respectfully submitted,
~/11~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
RESOLUTION NO. R -00
ORDER FEASIBILITY REPORT, AUTHORIZE PREP ARA TION OF PLANS AND
SPECIFICATIONS
for
TRUNK STORM SEWER IMPROVEMENTS IN THE
MIDDLE CREEK ESTATES 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 Civic Center of said City on the 21 SI day of August, 2000
at 7:00 PM
The following members were present:
The following members were absent:
Member
introduced and Member
seconded the following resolution.
WHEREAS, pursuant to the proposed development of Rottlund/D.R. Horton property, it is
proposed to make the following proposed improvement;
Project No.
00-17
Description
Install trunk storm sewer outlet
Location
Middle Creek Estates Development
adjacent to Pond F-P 7.2.
WHEREAS, it is proposed to fund the improvement with Surface Water Management Fees.
NOW, THEREFORE, BE IT RESOLVED that;
1. The proposed improvements be referred to the City Engineer for study and that he is
instructed to report to the Council with all convenient speed advising the Council in a
preliminary way as to whether the improvement is necessary, cost-effective and feasible and
as to whether it should best be made as proposed or in conjunction with some other
improvement and the estimated cost of the improvement as recommended.
2. Glenn Cook is hereby designated as the engineer for this improvement. He shall prepare
plans and specifications for the making of such improvement.
This Resolution adopted by recorded vote of the Farmington City Council in open session on the
21 SI day of August 2000.
Mayor
Attested to the
day of
2000.
SEAL
Clerk! Administrator
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AUG. -14' OO(MON) 13:14 D, R. HORTON -MINNESOT
FUG-14-2888 11: ROTTL.UND I-IOMES I"IN
TEL:651-454-04606 P.002
651 638 8Sal p.a2~e2
As YOll are awe, Rottlund Homes and D.R. Horton/Arcon Developments are in the process of
advancing pI s of de'Velopment for lands located i'n the City ofFannington.
e of the consideration of our development applications a. requirement has been
identified by e Depsrtrnent of Natural Resources for the provision of an oLltlet from ene of the
development's wetlands into basis 19-3S3W.
This letter will serve as our formal request for the City to undertake as a public work the
provisiol1ofth requiTed outlet. We would assume that this responsibility would include the
planning, desi I approval and construction of the wetllmd. lbis request is being made by both
Rottlund Horn sand n.R. Hortoll/Arcen Developn1ents as the party requiring the outlet and the
party owning t e land upon which the outlet would be constructed.
We trust this atter will be able [0 be brought before Council for its consideration at its meeting
on August 21, 000. Please do not hesitate to contact either one of the undcrsigns for fLlrther
infarmation.
\l~P~
Don Patton,
Manager,
Land Developmen11
D.R. Honon
IMN/jrnn
C.l:. Lee SmIck, City of Farmington
Paul Thorn s/Kcilh Willenbring, Pioneer Engineering
tarry Fun, Areon Development
~06S
POTNTI DRIVE ROSE\lIL.I..E. MN 551l:1
Gl
""~C MLS~;\i
16Sll638~SOll FAX (651) (..~.-tl501
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
//{)J
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Proposed 2001 City Budget - Update
DATE: August 21, 2000
INTRODUCTION
Pursuant to City Code requirements, the City Administrator is required to submit an annual
budget identifying proposed revenues and expenditures, and planned operations and activities for
the next fiscal year.
DISCUSSION
In keeping with Council policy direction, the key factors that guided the preparation of the
proposed budget were:
1. a commitment to maintain the 2001 local tax capacity rate at the same level as in 2000, while
continuing to provide the highest possible levels of service
2. a fiscal goal that works toward establishing the General Fund balance designated for working
capital at no less than 25% of planned 2001 General Fund expenditure
3. a commitment to maintain the 2001 debt service levy at no more than 25% of the total city
levy
4. a comprehensive review of the condition of capital equipment to ensure the most cost-
effective and consistent replacement schedule is followed
5. a team approach that encourages strategic planning to meet immediate and long-term
operational, infrastructure and facility needs
6. a management philosophy that actively supports the implementation of Council policies and
goals and recognizes the need to be responsive to changing community conditions/concerns.
Proposed 2001 Budget highlights include:
~ A planned reduction in the City's local tax capacity rate from 30.6 percent in 2000 to 30.0
percent in 2001, marking the fourth consecutive year in which the City's tax rate has been
reduced. This reduction represents slightly more than a 1/2 percentage point reduction in the
tax capacity rate which translates into a 2 percent effective reduction from the prior year.
Mayor and Councilmembers
2001 Proposed Annual Budget
August 21, 2000
Page 2 of3
~ The General Fund fund balance reserve will exceed 28 percent of proposed 2001 budgetary
expenditures. Fund balance reserves are designated for working capital to ensure adequate
cash flow requirements throughout each subsequent fiscal year.
~ No increases are proposed in City utility rates and/or solid waste rates in the 2001 City
Budget Enterprise Funds. Enterprise fund operations are adequately financed and will
continue to provide City residents with high quality, efficient and cost-effective services.
~ A proposed financial transfer from the City's Liquor Store Operations to the Municipal Ice
Arena to build upon past Council direction of using retained earnings from Liquor Store
Operations to help fund community recreational facilities. This proposed change will
eliminate general fund tax levy subsidies to the Ice Arena in the 2001 Budget and continue
Council policy of reducing City reliance on property tax revenues to help fund special
category type programming activities whenever possible.
~ The proposed purchase of one (1) new heavy-duty plow truck in the Public Works
Department to facilitate snow removal services and other related street maintenance
activities. This will be a new addition to the existing City fleet and will mark the first
expansion of the City's heavy-duty truck fleet in over 15 years, mainly due to the rapidly
expanding growth of City's transportation infrastructure over the last 7-10 years.
~ The planned purchase of enhanced office technology in the form of a Digital Document
System to facilitate the efficient collection, scanning and copying of geographic information
from existing and new City development plans. City departments are also proposing to
purchase and utilize digital cameras to reduce conventional processing costs and improve
City multimedia capabilities.
SPECIAL BUDGET NOTE
This will be the second year the City has collected a Capital Projects Levy to specifically fund
authorized capital equipment and future projects. As recommended by the Facilities Task Force
and approved by the City Council, funding is being reserved. in the Capital Acquisition Fund to
underwrite a portion of the future capital construction costs for office space remodeling and the
expansion of Council Chambers in 2003.
LEGISLATIVE CHANGES
The 2000 Legislative Session did not result in any particularly negative results in the area of
local government finances. Once again, however, the legislature failed to repeal the state sales
tax on most local government purchases. This item in particular continues to financially distort
local government spending as the tax collected on all capital purchases and projects is remitted to
state government coffers, while giving the appearance of inflated local spending. The League of
MN Cities and the Association of Metropolitan Municipalities will continue to pursue repeal of
this law in the 2001 Legislative Session.
Mayor and Councilmembers
2001 Proposed Annual Budget
August 21, 2000
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Another significant concern is the fact that the City is again working with estimated "best
projections" tax capacity value effects from the County, and not exact figures. Dakota County is
working in earnest to provide the City with a more reliable tax capacity impact analysis. In
response, City staff has taken a very conservative approach in developing the budget document,
and calculating the 2001 local tax capacity rate. As in years past, this conservative approach has
provided the City with favorable final outcomes as tax capacity rates are finalized.
More in-depth information and highlights are contained within the Proposed 2001 Budget
document that will be distributed to Council on Friday, August 25, 2000.
In order to provide Council with an opportunity to more fully review the proposed document, a
Council budget workshop is proposed to be held on Tuesday, August 29, 2000 at 7:00 p.m.
ACTION REOUESTED
For information only. If Council members have questions on the budget prior to the workshop
date, please contact me.
/
l.
J F. Erar
ity Administrator