HomeMy WebLinkAbout06.19.00 Council Packet
COUNCIL MEETING
REGULAR
June 19,2000
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS (Open/or Audience Comments)
7. CONSENT AGENDA
a) Approve Council Minutes (6/5/00) (Regular) and (Special)
b) Approve Property Owner Indemnification Request - 2000 Trunk Watennain
Project
c) Consider Authorization for Grant Application - Dakota Valley Arts Council
d) Retroactive Approval Temporary 3.2 Beer License - Farmington Fastpitch
Softball Team
e) Approve Bills
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Accept Resignation - Senior Center Advisory Board
b) Consider Resolution - East Farmington 7th Addition Development Contract
c) Consider Resolution - Charleswood 3rd Addition Final Plat
d) Consider Resolution - Bristol Square 2nd Addition Final Plat
e) Consider Resolution - Tamarack Ridge Final Plat
f) Consider Resolution - Autumn Glen Corrective Plat
g) Schedule Public Hearing - East Farmington TIF Plan Amendment
h) Submit City Project Recommendations - Dakota County 2001-2005 CIP
11. UNFINISHED BUSINESS
a) Appoint Architectural Finn - Public Facilities (Supplemental)
b) Utility Connections - 209th Street Update
12. NEW BUSINESS
a) Consider Resolution - Farmington Preserve Trail Feasibility Report
j 3. COUNCIL ROUNDTABLE
a) 300 1 st Street Property - Update
Action Taken
Approved
ApJ!roved
Authorized
Approved
Approved
Accepted
R43..QO
R44..QO
R45-00
R46-00
R47-00
Public Hearing 7/17/00
Authorized
Authorized
Authorized
R48-00
Information Reclived
14. EXECUTIVE SESSION - Progress Land Company Litigation Update
15. ADJOURN
~
COUNCIL MINUTES
REGULAR
June 5, 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
City Attorney Jamnik, City Management Team
4. APPROVE A GENDA
MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION
CARRIED.
S. ANNOUNCEMENTS
a) Employee Service Recognition - Parks and Recreation Department
Marilyn Speiker was recognized for 25 years of service with the Building
Division of the Parks and Recreation Department.
b) Legislative Update - Gene Ranieri, Association of Metropolitan
Municipalities
Mr. Gene Ranieri, Association of Metropolitan Municipalities gave an update on
legislative activities. New reports available to cities include a Bill Tracking
Report and a Summary of Legislative Activities.
6. CITIZEN COMMENTS
a) Traffic Control Concerns - Embry Avenue
At the May 1, 2000 Council Meeting, Mr. Anthony Pena requested Council action
regarding traffic safety on Embry Avenue. Staff has investigated the situation and
found that Embry Avenue is appropriately posted as previously recommended by
the City Traffic Engineer and that no additional signage should be added. The
speed issues identified are an enforcement issue during very specific times of the
day. Patrol staffhas taken steps to conduct enforcement in the area. A response
was sent to Mr. Pena.
7. CONSENT AGENDA
MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows:
a) Approved Council Minutes (5/15/00) (Regular)
Council Minutes (Regular)
June 5, 2000
Page 2
b)
c)
d)
e)
f)
g)
h)
i)
Approved Dew Days Permits - CEEF Fee Waiver Request
Approved Joint Powers Agreement - SKB Yard Waste Facility
Approved Assessment Agreement - 213 th Street
Acknowledged Revision of Solid Waste Policy
Ratified Appointment Recommendation - Parks and Recreation Department
Ratified Appointment Recommendation - Public Works Department
Received Information Capital Outlay - Administration Department
Received Information Capital Outlay - Trail Maintenance Parks and Recreation
Department
Adopted RESOLUTION R39-00 Accepting Donations - Parks and Recreation
Department
Adopted RESOLUTION R40-00 Ratifying LELS Patrol Unit 2000 Wage Re-
opener and 2001 Collective Bargaining Agreement
Authorized Transfer of Meals on Wheels Contract to CAP
Received Information Organizational Realignment - Liquor Store Operations
Division
n) Authorized Organizational Realignment - Police Department
0) Received Information Schools and Conferences - Administration Department
p) Received Information Sprute/Severson Annexation Petition Withdrawal
q) Approved Bills
APIF, MOTION CARRIED.
j)
k)
1)
m)
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) 1999 Annual Financial Report Presentation
The independent audit of the December 31, 1999 financial records was completed
on March 10,2000. Final audited numbers indicate an increase of $376,622,
bringing the fund balance total to $1,114,163. Mr. Joe Rigdon from Kern,
DeWenter, Viere was also present to answer any questions.
b) Consider Adoption of Competitive Cable Franchising Policy
The cities of Farmington, Apple Valley and Rosemount have been approached by
a new cable provider service, WideOpen West, requesting the ability to construct,
operate and market a wide array of broadband internet, cable TV and voice
services. This service provider would directly compete with the existing cable
service provider, Charter Communications. In order to facilitate this process, the
City would need to adopt a competitive franchising policy that would comply
with state requirements in terms of procedures and regulatory review. MOTION
by Strachan, second by Soderberg to adopt the Competitive Cable Franchising
Policy. APIF, MOTION CARRIED.
Council Minutes (Regular)
June 5, 2000
Page 3
c) Consider Resolution - Vermillion River Watershed Management
Organization Joint Powers Agreement
The revised and restated Joint Powers Agreement for the Vermillion River
Watershed Management Organization was presented to Council for review and
discussion. The Joint Powers Agreement for the VRWMO was due to expire
January 1, 2000. An amendment to the JP A was approved by the City Council on
November 1, 1999 that extended the existing JP A to August 1, 2000. The
originally proposed capital improvement budget was set to average approximately
$400,000 per year. Due to financial constraints cited by some of the member
communities, it was proposed that the budget be set at $200,000, adjusted
annually in conjunction with the construction cost index. It has been proposed
that all available grants be applied for in order to supplement the budget. It was
the subcommittee's recommendation to leave the current funding formula in place,
which calculates each members share based on 50% tax capacity value and 50%
land area. Farmington's share of the VRWMO's $200,000 budget under the
proposed funding formula is estimated to be $10,885.
Currently, the Board is made up of nine members; three representatives from the
Group A townships, two representatives from the Group AA cities and four
representatives from the Group AAA cities. The issue of representation was
debated and it is proposed that the Board add two representatives, one from the
Group A townships and one from the Group AAA cities, thus creating an eleven
member Board. The Group AA cities have not taken issue with this proposal at
this point.
MOTION by Cordes, second by Strachan to adopt RESOLUTION R41-00
approving the revised and restated Joint Powers Agreement establishing a
Watershed Management Commission for the Vermillion River Watershed. APIF,
MOTION CARRIED.
11. UNFINISHED BUSINESS
a) Authorize Eminent Domain. East Farmington 7tb Addition (continued)
The City previously received a request from Sienna Corporation to initiate
condemnation of approximately 15 feet of right-of-way needed to extend 11 th
Street through East Farmington 7th Addition. This request was considered at the
May 1, 2000 Council Meeting and was continued to the May 15, 2000 Council
Meeting to allow additional time for Sienna Corporation and Mr. and Mrs. Jolley
to reach an agreement on a purchase price for needed right-of-way. As of the
June 5, 2000 Council Meeting an agreement had been reached between the
Jolley's and Sienna Corporation. MOTION by Soderberg, second by Cordes to
table the condemnation proceedings. APIF, MOTION CARRIED.
Consider Resolution. East Farmington 7tb Addition Corrective Final Plat
Sienna Corporation is seeking approval of the East Farmington 7th Addition
Corrective Final Plat that includes the 15 foot right-of-way along the easterly
portion of 1004 Maple Street. Since a purchase agreement has been finalized with
b)
Council Minutes (Regular)
June 5, 2000
Page 4
the Jolley's, a Corrective Final Plat is required. Building permits may be issued to
Lots 9 and 10 Block 2 upon approval of the Corrective Final Plat with the
following conditions:
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 Cordes, second by Soderberg approving the East Farmington th
Addition Corrective Final Plat contingent on the above-mentioned condition.
APIF, MOTION CARRIED.
c) Appoint Construction Management Firm. Public Facilities
The City received seven qualifying proposals from construction management
firms interested in providing construction management to assist the City in the
construction of a new Law Enforcement Center and Central Maintenance Facility.
The interview panel reached a consensus that E& V Consultants and Construction
Management represented the firm best able to meet the City's needs. E& V
proposed their professional service fee at $123,376. MOTION by Cordes,
second by Soderberg authorizing the appointment of E& V Consultants and
Construction Management as the City's construction manager for the public
facilities project. APIF, MOTION CARRIED.
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember Strachan: There will be an ALF meeting June 27, 2000.
Council member Cordes: Asked when the proposal for Ash Street will be available.
Staff replied it should be ready any day, and a report will be given to Council.
Mayor Ristow: Asked regarding the status of the property at 300 1 st Street.
Staff replied it will be discussed at a staff meeting and with the City Attorney. The
Mayor also mentioned he will be in a marathon June 6, 2000.
14. ADJOURN
MOTION by Cordes, second by Strachan to adjourn at 8:10 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
; ~r rV7 J&J
.~/~" . . L<"L,_
!Cynthia Muller
Executive Assistant
COUNCIL WORKSHOP
209 TH STREET SEWER CONNECTIONS
JUNE 5, 2000
1. The meeting was called to order by Mayor Ristow at 6:04 p.m.
Present: Mayor Ristow, Council members, Soderberg, Strachan.
Councilmember Cordes arrived at 6:15 p.m.
Absent: Councilmember Verch
Also Present: City Engineer Mann, City Finance Director Roland. City Attorney
Jamnik arrived at 6:07 p.m.
2. MOTION by Soderberg, second by Strachan to approve agenda as presented.
APIF, MOTION CARRIED.
3. City Engineer Mann discussed the extension of water service to the township
residents on the south side of 209th Street and the resulting annexation of those
properties into the City of Farmington. At their May 15th meeting, Council had
expressed concerns with regard to how sanitary sewer service would be handled
to these properties.
Mr. Mann outlined three options to address sanitary sewer service:
1. Empire Township to continue to service the annexed properties;
acting as a private/public utility provider.
2. Empire Township would immediately transfer ownership of the
sanitary sewer line to the City. Through a Joint Powers Agreement,
the City would compensate the township for the respective flows from
the annexed households.
3. The City would connect the existing township line serving properties
on the south side of 209th Street to the City's main sewer line
servicing Tamarack Ridge.
Pros and Cons of each of these solutions were discussed including the cost of
option 3 and the inclusion of the two properties on Highway 3 in the water/sewer
service.
Consensus of the Council members present was that Option 1 was not an option,
Option 2 was the most cost effective option and preferred option and Option 3
was a fallback position if the Township was not receptive to Option 2.
4. Staff was directed to contact the property owners of the two properties on
Highway 3 and determine if they wanted City water service and therefore,
annexation into the City. Further, staff was directed to contact Empire Township
and discuss Option 2 with them in order to determine their receptiveness to
transferring ownership of the sewer line to the City and entering into a JPA which
would address payment to the township for the flows of the annexed properties.
5. MOTION by Strachan, second by Cordes to Adjourn at 6:38 p.m.
/#2/
Robin Roland
Finance Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7~
TO:
Mayor, Councilmembers, City Administrato~
Lee M. Mann, P .E., Director of Public Works/City Engineer
FROM:
SUBJECT:
Approve Property Owner Indemnification Request - 2000 Trunk Watermain
Project
DATE:
June 19, 2000
INTRODUCTION
Attached is a Waiver of Trespass/Right of Entry agreement relating to the 2000 Trunk
Watermain Project.
DISCUSSION
The agreement attached relates to the property owned by Lawrence W. Wenzel and Doneene
R. Wenzel. The Waiver of Trespass/Right of Entry agreement allows the City to proceed
with the project at this time. The final easements for the watermain will be dedicated with
the platting of Vermillion Grove.
The property owners are requesting that the City indemnify them from and against any and
all liability related to the watermain construction on their property. This request is
reasonable and since the contractor on the project is indemnifying the City, the City does not
take on any additional risk by indemnifying the property owner. Please refer to the attached
memo from the City Attorney's office discussing this matter.
BUDGET IMPACT
None.
ACTION REQUESTED
Approve the attached Waiver of Trespass/Right of Entry agreement relating to the 2000
Trunk Watermain Project by motion.
Respectfully submitted,
~m~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
(651) 452~5000
Fax (651) 452~5550
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
Gina M. Brandt
. Also licensed in Wisconsin
Memo
Date: 6/13/00
To: Lee Mann, Director of Public Works/City Engineer
From: Matthew J. Foli, Campbell Knutson, Professional Association
RE: Waiver of Trespass/Right of Entry
Attached is a Waiver of Trespass/Right of Entry agreement for the property owned by
Lawrence W. Wenzel and Doneene R. Wenzel. This agreement relates to one of several
properties along CSAH 31 that will benefit from the 2000 Trunk Watermain Project,
Project No. 00-07. The utility easement will be dedicated as part of the final plat for this
property .
At this time, the property owners are willing to grant the City a right of entry in order to
proceed with the Project. The property owners, however, request that the City indemnify
them from and against any and all liability related to the construction of the public trunk
watermain on their property. This is a reasonable request and routinely consented to by
the condemning authority in eminent domain proceedings. Furthermore, the general
contractor on this project has agreed to indemnify the City for any and all damage, loss,
or injury related to the construction of the public trunk watermain. Therefore, the City is
not exposed to any additional risk by indemnifying this property owner.
The Wenzel's grant of a right of entry is conditioned upon the City's indemnification
agreement. Therefore, the City's contractor cannot proceed with the Project on this
particular property until this agreement is formally approved by the City Council. Please
place this matter on the next City Council Meeting Agenda.
MJF
Attachments
6/13/00
Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve . Eagan, MN 55121
WAIVER OF TRESPASS/RIGHT OF ENTRY
THE UNDERSIGNED, owners of certain land in the City of Farmington, who are the
sole persons with a right to grant entry to the affected property, do hereby consent and grant
unto the City of Farmington, its agents and assigns, the right to enter upon and commence
. construction and all activities required in connection therewith, of the public trunk watermain
over, on, across, under, and through the property, legally described as proposed permanent
and temporary easements on Exhibit A attached hereto and made a part hereof by reference.
This Right of Entry does not grant to the City or its agents or assigns any easement
rights, but is intended to grant to the City and its agents and contractors only the right to enter
onto the property described as proposed permanent and temporary easements on the attached
Exhibit A.
It is understood that upon completion of the Project, the City, its agents and assigns,
will restore the described property to a condition as nearly equal as possible to that which
existed prior to construction, except that the City will not restore any trees, brush, or crops
that are removed therefrom due to said construction.
It is further understood that this Waiver does not constitute a waiver on behalf of the
owner or persons of interest in the property to any claim for compensation or damages for the
removal of trees, brush, crops, or for the acquisition by the City of Farmington of temporary
easements and/or permanent easements over the described property for the purposes of the
public improvements herein described.
The City shall indemnify, hold harmless and defend the undersigned owners from and
against any and all liability , actions, causes of action, claims and demands, incurred by them
86439
or asserted against them, or either of them, by reason of any damage, loss or injury that is in
any way related to the activities of the City or its agents, representatives, employees or
contractors in any way involving the construction of the public trunk watermain on the
property described as proposed pennanent and temporary easements on the attached Exhibit A.
PROPERTY OWNERS:
Dated:
Lawrence W. Wenzel
Dated:
Doneene R. Wenzel
CITY OF FARMINGTON:
By:
Dated:
Gerald G. Ristow, Mayor
By:
John F. Erar, City Administrator/Clerk
Dated:
86439
Sunde Land Surveying, LLC.
J:lAL1.J.D.J..L n
900 I East Bloomington Freeway (35W)
Suite 118
Bloomington, Minnesota 55420-3435
Business: 952-881-2455
FAX: 952-888-9526
Easement Sketch For:
CITY OF FARM/HerON
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S. LINE Of' THE N. 1303.89
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.24, TWP. 114, ROE. 2~
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PROPOSED EASEMENT DESCRIPTION
An easement over, under and across
that port of the following described
property:
That port of the Southwest Quarter of
Section 24, Township 114, Range 20,
Dakota County, Minnesota, l)1ng
southerly of the north 1303.89 feet of
said Southwest Quarter of Section 24
and that port of the Northwest
Quarter of Section 25, Township I 14,
Range 20, lying northerly of a line
which is 329.2 feet southerly of and
parallel with the north line of said
Northwest Quarter of Section 25
which lies 20.00 feet easterly of and
adjoining the easterly right of way line of
County State Aid Highway No. 31 (Essex
Avenue) per Dakota County Rood Right
of Way Mop No. 196.
Together with 0 temporary easement
over, under and across that port of the
above described property which lies 15.00
feet easterly of and adjoining the east
line of the above described permanent
easement.
Said temporary easement is to expire
PROPOSED
TEMPORARY
EASEMENT
24,849 SO. FT.
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Sunde Land Surveying, LLC.
9001 East Bloomington Freeway (35W)
Suite 118
Bloomington, Minnesota 55420-3435
Business: 952-881-2455
FAX: 952-888-9526
Easement Sketch For:
CITY OF FARMINerON
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We hereby certify that this sketch, plan or report
was prepared by me or under my instruction and
that I om 0 duly Registered Land Surveyor under
the lows of the State of Minnesota.
Doted this 3rd day of April, 2000
SUNDE LAND SURVEYING, LLC.
BY.~~ '~/~/2________________
Scott J.1t~~ Minn. Reg. No. 17256
9S-/22-F T.//4 R.20 5.24.t 25 sur 9S/22F09.dwg
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~002
or assen:ed against them, or either of mem, by reason of any damage, toss or iIijury that is in
any way related to the activities of the City or its agents, representatives, employees or
contractors in any way involving the construction of the public trunk watermain on the
property described as proposed permanent and temporary easements on the attached ExhIbit A.
PROPERTY OWNERS:
Dated:
Lawrence W. Wenzel
Dated:}- L I ~ ,- " '"
~Rw~--~
Doneene R. Wenzel
CITY OF FARMINGTON:
Dated.:
By:
Ge~ld G. Ristow. Mayor
Dated:
By:
Jolm F. Erar. City Administrator/Clerk
86439
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7c.,
TO: Mayor, Councilmembers, City Administrato~
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Consider Authorization for Grant Application - Dakota Valley Arts
Council
DATE: June 19,2000
INTRODUCTION
The Dakota Valley Arts Council is seeking assistance from the City to fund the
placement of art objects within the City. This assistance would be to apply for a grant
from Dakota Electric Association. A copy of their request is attached for your review.
DISCUSSION
Partners in Progress Community Development Program is a grant program available
through Dakota Electric Association. Each year the City is encouraged to apply relative
to anticipated City needs. An appropriate use of these Grant funds would be outdoor art.
On August 3, 1998, the City Council adopted a proclamation in support of arts activites.
Recently, the Council approved the establisment of a process that would pennit the public
display of community art on publicly owned property.
BUDGET IMPACT
Upon application and award of the Grant, funds would be donated to the Dakota Valley
Arts Council. Expenditures of these grant funds would be at the discretion of the DV AC
for purposes relating to acquiring public art.
ACTION REOUESTED
Authorization from City Council to apply for Dakota Electric's Partners in Progress
Community Development Grant to assist in facilitating an outdoor art program in
Farmington. -
Respectfully s1}bmitted,
~ ft,~
Karen Finstuen
Administrative Services Manager
2000 Board of Directors:
Carolyn Parke
Presiden
Sandra Tharaldson
Vice President
Diane Sowieja
Treasurer
Nancy Salinas
Secretary
Gerry Drewry
COmmunications
Mona Ostroot
Membership
Tom Kaldunski
Heart of the Beast
Project Coordinator
Committees:
Art in the Library
Mary Boxeth
Arts Get - T ogethers
Diane Sowieja
Mona Ostroot
Sandra Tharaldson
Dakota Arts Collaborative
Carolyn Papke
Fgtn. Area Arts Network
(FAAN) Bob Papke
'Get Creative'
Mary Dahl,
Sharon Flynn
June Art Show
Nancy Salinas, Chair
Outdoor Art in Farmington
Sherry Lamb, Chair
Sflring Arts Fest
Sanara Tharaldson
Writers & Calligraphers
- dra Tharaldson,
!nHed
7:}akota Uallev Attg Coul1cil
508 \lJ.ltd S tteet
~a.tmln~ton, j11lnnesota., 55024
To:
Mayor and Councilmembers
City of Farmington
From:
Sherry Lamb
Chairperson, Outdoor Art in Farmington Project
Date:
June 5, 2000
Subject:
Sponsorship of Funding Reauest to Dakota Electric
The Dakota Valley Arts Council is requesting assistance from the City
Council to obtain a grant from Dakota Electric to begin the project of
bringing outdoor art to the community. The Outdoor Art in Farmington
project in collaboration with the Dakota Valley Arts Council, local
businesses, city officials and community leaders.
Annually, the City of Farmington has an opportunity to request a grant
through DEA's Partners in Progress community development program. In
past years, this request has originated from the City Council to fund a
variety of projects. The OAF (Outdoor Art in Farmington) Committee is
requesting the City Council to assist the Outdoor Art in Farmington
project by sponsoring a request to Dakota Electric for the current grant
year.
The grant will be used to fund the purchase of a twelve-foot Adirondac
style green chair or other art objects that can be placed in various locations
around the community as a focal point, conversation piece and picture
taking opportunity to attract visitors and local community members to the
central Farmington area.
,
, I
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,-
A~m' and ~~. ~~
jf armingto~ Jlinnt~ota
tlrotlamation
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WHEREAS, the City of Farmington and surrounding townships are the locale
for a wide variety of arts activities for all ages:~nd,
WHEREAS, enjoyable and interesting arts events attract many visitors
from the surrounding area to the city: and
~REAS, various arts opportunities attract new residents: and,
WHEREAS, local artists, actors, musicians and writers serve as resources
for the school and the community: and,
WHEREAS, residents do not have to go out of the city to participate in
arts events: and,
WHEREAS, arts differentiate Farmington from other Dakota County cities.
THEREFORE, BE IT RESOLVED, that The Honorable Mayor Gerald Ristow and the
Council of the City of Farmington, hereby proclaims that it supports arts
activities in the Farmington area and encourages cooperation in these
activities by City staff, the business community, nonprofit organizations
and by city residents.
,
.....
O~ Auqust 3. 1998
17n wil:nLij. Juuof 17 bE. hs.uu.n.1:o ut tny
hand and aawd. thu uall:o GE. affiud.
Mayor Gerald Ristow
ArnsT:
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmineton.mn.us
7d
TO:
Mayor, Councilmembers, City Administrator~
Karen Finstuen, Administrative Services Manager
FROM:
SUBJECT:
Retroactive Approval- Temporary 3.2 Beer License - Farmington
Fastpitch Softball Team
DATE:
June 19,2000
INTRODUCTION
The Farmington Fastpitch Team is requesting a Temporary 3.2 On-Sale License. This
action requires City Council approval.
DISCUSSION
The Fanrtington Fastpitch Softball Team is requesting to hold a Softball Tournament at
Rambling River Fields from June 16,2000 to June 18,2000. The dates of the tournament
are before the Council meeting, but given the long history of this team's sponsorship of
their tournament, staff has, in accordance with City Code guidelines, approved the
application. The City Attorney has reviewed and approved the retroactive issuance of the
license.
BUDGET IMPACT
None.
ACTION REOUESTED
Ratify the retroactive issuance of a Temporary 3.2 On-Sale License to the Farmington
Fastpitch Softball Team for June 16 - 18,2000.
Respectfully submitted,
~~~
Karen Finstuen
Administrative Services Manager
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/~
TO: Mayor, Councilmembers, City Administrato~
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Accept Resignation - Senior Center Advisory Council
DATE: June 19,2000
INTRODUCTION
Martha Graham has resigned from the Senior Center Advisory Council as of June 5,
2000.
DISCUSSION
A copy of the City Commission Appointment Process policy is attached. Staff has
researched the file and found that we have one application on file from Sarah Miller who
continues to be interested in appointment to the Senior Center Advisory Council.
The term for this vacated seat is through 1/31/02.
ACTIONREOUESTED
Accept the resignation of Martha Graham, and authorize staff to process the vacated
position in accordance with Council Policy 101-05-1997.
Respectfully submitted,
~J~
Karen Finstuen
Administrative Services Manager
June 2, 2000
Farmington City Council
Farmington, MN
It has been an honor to have served
on the Farmington Senior Center advisory
committee these past few years.
I know now that I will be absent
from several meetings. Therefor I hope
that you will accept my resignation as
of June 5,2000. Thank you.
Sincerely,
~~
Martha Graham
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City Council of Farmington
City Hall
Farmington, MN 55024
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COUNCIL POLICY - 101-05-1997
CITY COMMISSION APPOINTMENT PROCESS
Policy Purpose
The purpose of this policy is to set forth the procedures to be used in appointing interested
citizens to the City Commissions.
The appointment of citizens to City advisory commissions and boards shall be made by the City
Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all
qualified candidates to consider relevant qualifications and interests, and appoint such members
as the Council deems in the best interest of the City.
Commission seats vacated by resignation and/or removal shall be appointed by first reviewing
any applications on file and/or any requests to be appointed by interested citizens having taken
notice of an existing vacancy. If no applications are on file, the City shall solicit applications for
appointment by advertisement in the legal newspaper and other public mediums as appropriate.
Appointments to fill seats vacated by resignation and/or removal shall coincide with the nonnal
expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated
seats during an unexpired term shall be in accordance with the City Code.
CITY OF FARl\nNGTON
APPLICATION FOR BOARD OR COMMISSION APPOINTMENT
Name ~a.~" ~ ~. ~l \ \ <e \' Date of Application J- 5 -- OD
Address \~ \ 15 ~ O-c-u...& (2 J~\.J ~ Daytime Phone # ~S/ - 'I&3-7/?/
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Qualifications (C over pertinent educational background, employment positions and other experience on
committees, boards, commissions and church organizations, etc.)
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State briefly, your reasons for seeking an appoinnnent to this board or commission J G- ~
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References (list any references you wish that would be familiar with your qualifications for the position).
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Signature 6) l\.Affi~ \.A.. ~.- I vlDl ~
Date
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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
/06
TO:
Mayor, Council Members, ^/O
City Administrator \]X
Lee Smick, AICP f\ ~
Planning Coordinator ~
FROM:
DATE:
June 19,2000
SUBJECT:
Consider Resolution - East Farmington 7th Addition Development Contract
INTRODUCTION
The Development Contract for East Farmington 7th Addition has been drafted in accordance with
the approval and conditions placed on the approval of the Preliminary and Final Plat.
DISCUSSION
The East Farmington 7th Addition Development Contract requires the following conditions to be
agreed upon:
a) The Developer enters into the Development Contract; and
b) The Developer provides the necessary security in accordance with the terms of the
Contract.
The Planning Commission recommended approval of the East Farmington 7th Addition
Preliminary and Final Plat on April 11, 2000. The City Council approved the Corrective
Preliminary and Final Plat on June 5, 2000 subject to preparation and execution of a
Development Contract and approval ofthe construction plans.
The City Attorney has reviewed and approved the Development Contract for the East
Farmington 7th Addition.
ACTION REQUESTED
Adopt the attached resolution approving the execution of the Development Contract and
authorizing its signing contingent upon the above conditions and approval by the Engineering
Division.
Respectfully submitted,
~/ J:uQ
Lee Smick, AICP
Planning Coordinator
cc: Rod Hardy, Sienna Corporation
Jim Sturm, James R. Hill, Inc.
RESOLUTION NO. R-
APPROVING DEVELOPMENT CONTRACT
EAST FARMINGTON 7TH ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 19th
day of June, 2000 at 7:00 P.M.
The following members were present:
The following members were absent:
seconded the following resolution:
Member
introduced and Member
WHEREAS, pursuant to Resolution No. R31-00, the City Council approved the Preliminary and
Final Plat of East Farmington 7th Addition subject to conditions.
a) the Developer enter into this agreement: and
b) the Developer provide a necessary security in accordance with the terms of this
Agreement.
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.
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
day of , 2000.
Gerald Ristow, Mayor
Attested to this _ day of
,2000.
SEAL
John F. Erar, City Administrator
DEVELOPMENT CONTRACT
AGREEMENT dated this 19th day of June, 2000, by and between the City of Farmington, a Minnesota municipal corporation
(CITY) and Sienna Corporation, a Minnesota corporation (DEVELOPER).
1. Request for Plat Approval. The Developer has asked the City to approve a plat for EAST FARMINGTON SEVENTH
ADDITION (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is
legally described as:
Outlot R, EAST FARMINGTON FIRST ADDITION, according to the recorded plat thereof, Dakota County,
Minnesota, and that part of Outlot Q lying southerly of the north 820.00 feet thereof, said EAST FARMINGTON
FIRST ADDITION.
And
Outlot D, EAST FARMINGTON SECOND ADDITION, according to the recorded plat thereof, Dakota County,
Minnesota.
And
That part of the southwest Quarter of the Southwest Quarter of Section 32, Township 114, Range 19, Dakota County,
Minnesota described as follows:
Commencing at the northeast Corner of Lot 1, Block 2, HENDERSON'S ADDITION, Dakota County,
Minnesota, according to the recorded plat thereof, thence easterly along the easterly extension of the north line
of said Lot 1 a distance of 134.32 feet to the point of beginning of the tract to be herein described; thence
continuing easterly along said extended line 15.68 feet; thence southerly parallel with the easterly line of said
Lot 1 a distance of 108.89 feet to the intersection with the easterly extension of the south line of said Lot 1;
thence westerly along said last described extended line 15.84 feet; thence northerly 108.89 feet to the point of
beginning.
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.
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, 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. Zoninl!lDevelopment 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
1. Surveying and Staking
m. Landscaping, Screening, Blvd. Trees
The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering
guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer
furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and
specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default
of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before
proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to
assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the
construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's
discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or
part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the
City Council chambers with all parties concerned, including the City staff, to review the program for the construction work.
Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply
the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines.
2
If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with
producing the as-built drawings will be the responsibility of the Developer.
Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S.
S505.02. 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 [mal wear course has been completed and the streets
have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their
completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required
testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to
complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for
the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be
warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety
acceptable to the City to secure the warranties. The City shall retain ten percent (10%) ofthe 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. 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 ~ite is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the
City. The City may impose additional erosion control requirements if it is determined that the methods implemented are
insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded
forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency
determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion
immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the
Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may
draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless
the plat is in full compliance with the erosion control requirements.
3
The Developer is responsible for Erosion 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 $1310 based upon the number of acres in
the plat.
12. LandscaDine:. 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 I shall be constructed in
accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota.
Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the
retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the
development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed
and certified before any building penn it is issued for a lot on which a retaining wall is required to be built.
13. Phased DeveloDment. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving,
construction of public improvements or other development shall be done in any subsequent phase until a fmal plat for the
phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may
refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily
completed. Subject to the tenns 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 fmal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or
dedications or platting required or pennitted 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 pennitted 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 stonn water management charge of $123,402 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. Stonn 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 $29,349 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$94,053.
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 $50,898 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 $33,669 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$17,230.
4
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $34,544 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a
ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time.
The Developer waives any and all procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA
429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at
the time the Development Contracts for those phases are entered into.
19. Sanitary Sewer Trunk Area Chars!:e. The Developer shall pay a sanitary sewer trunk area charge of $39,305 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. A credit of $17,358 will be
given to the Developer for Sanitary Sewer Trunk oversizing within the plat. The net result is that the assessments will be based
on a charge of $21, 947.
20. Park Dedication. The Developer shall pay a park dedication fee of $0 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 $4148 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 $2250 based upon the number of
lots within the subdivision.
23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements
designated on the plat.
24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat
to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public
improvements by the City. The license shall expire after the public improvements installed pursuant to the Development
Contract have been installed and accepted by the City.
25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall
be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to
clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs.
26. Securitv. 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 $1,704,713. The bank and form of the
5
security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The term of
the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45)
days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the
Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the
letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of
the Contract. The amount of the security was calculated as follows:
Grading/Erosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
$ 400,000
$ 320,000
$ 207,500
$177,500
$ 438,750
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 17,000
$ 25,000
$ 33,750
$ 11,250
$N/A
Two Years Principal and Interest on Assessments $73,963
This breakdown is for historical reference; it is not a restriction on the use of the security.
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. 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
6
agreement, is fIrst given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license
for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the
City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
31. Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer
may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall
continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties
shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of
erosion control devices, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certifIcate
denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until
the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties.
Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before
certifIcates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather
related circumstances prevent completion of street projects before the end of the construction season. The Developer is
responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such
a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement
shall not be a waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan signifIcance" and
that an environmental impact statement is not required. However, if the City or another governmental entity or agency
determines 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 [mal 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
7
harmless for any breach of the foregoing covenants. After the Developer has completed the work required of it under this
Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise out
of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for
property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named
insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the
cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City
signing the plat.
1. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's
cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine
whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination
may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City
in an amount which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a
reasonable amount to compensate the City for its damages.
L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of
operation:
Monday - Friday
Saturday
Sunday
7:00 A.M. until 7:00 P.M.
8:00 A.M. until 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24 hour basis such as dewatering, etc. Any deviation from the above
hours are subject to approval of the City Engineer.
M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for
every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of
the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30.
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:
Rodney D. Hardy
Sienna Corporation
4940 Viking Drive, Suite 608
Minneapolis, MN. 55435
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
SIGNA TURE PAGE
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
By:
John F. Erar, City Administrator
DEVELOPER:
Sienna Corporation
By:
Its:
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111
9
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of ,20_ by Gerald Ristow,
Mayor, and by 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
corporation under the laws of Minnesota, on behalf of the corporation.
of Sienna Corporation, a
Notary Public
10
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
IOe,
TO:
Mayor, City Council M~~ers,
City Administrator I}Y
FROM:
Michael Schultz fjJJ
Associate Planner
SUBJECT:
Charleswood 3rd Addition Final Plat Approval
DATE:
June 19,2000
INTRODUCTION
Genstar Land Company, 11000 WI 78th Street, Eden Prairie, has submitted for Final Plat approval
of Charleswood 3rd Addition. The 3rd Addition consists of 65 single-family platted lots. This plat
is a continuation of the single-family portion of the Charleswood Planned Unit Development.
DISCUSSION
The Developer proposes 65 single-family lots within the 3rd Addition Final Plat that is a
continuation of the existing 1 st and 2nd Single-family Additions of Charleswood.
Access to this portion of the development will occur off of 195th Street and through the existing
street system. Once the 4th Addition of the single-family is under construction a temporary road
access will be constructed in the alignment of future 200th Street for the use of construction and
emergency vehicles. The entire road may be constructed if the developer has determined the
layout of the multi-family housing in that area.
The streets throughout the development will be public and measure 60-foot right-of-ways and 32-
foot wide roadways.
Setbacks in the 3rd Addition are going to vary from 20 to 25 feet depending on certain locations.
Lots within the two cul-de-sacs will be set at 20- feet, while the remainder of the lots will be at 25-
feet.
The Final Plat also contains outlots for the dedication of park space, ponding areas and future
development. Outlot 'A' is the area of the future 4th Addition and is being included to allow for
grading work that needs to be conducted contiguously with the 3rd Addition. Outlot 'B' is the
storm water pond being created south of the future 200th Street. Outlot 'c' is a wetland area and
wetland mitigation site done for the future construction of 200th Street. Outlot 'D' is the ponding,
open space and park dedication for the development; note that the east boundary is subject to
change with the future development of the multi-family to the east. The Parks & Recreation
Commission has accepted this "temporary" arrangement and will continue working with the
developer on the total dedication of the park area when the multi-family area is decided on.
The landscape plan has been reviewed by staff and meets the requirements of the Landscape
Ordinance with the exception of the proposed Sugar Maples. This has already been discussed
with the developer and he is willing to make a change to one of the accepted boulevard trees
found in 10-6-14 (G) of the Code.
The Planning Commission approved the final plat on June 13, 2000. Engineering staff has
reviewed the final plat and recommends approval. Engineering has forwarded comments to the
developer's engineer concerning the construction plans and is awaiting resubmittal; the
Development Agreement will not be signed until final approval is given of those plans.
ACTION REQUESTED
Consider resolution approving Charleswood 3rd Addition Final Plat upon the following condition:
1. 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.
2. Amend the Landscape plan excluding Sugar Maples with another species accepted in Title
10-6-14 (G)
Michael Schultz
Associate Planner
cc: Steve Juetten, Genstar Land Co.
2
RESOLUTION NO.
APPROVING FINAL PLAT
CHARLESWOOD 3RD ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,
Minnesota, was held in the Council Chambers of said City on the 19th day ofJune, 2000 at 7:00 P.M.
Members Present:
Members Absent:
Member _ introduced and Member _ seconded the following:
WHEREAS, an application meeting City requirements has been filed seeking [mal plat review and
approval for Charleswood 3rd Addition; and
WHEREAS, the Planning Commission reviewed and recommended City Council approval of the [mal plat
at its meeting held on the 13th day of June, 2000; and
WHEREAS, a public hearing regarding the proposed development was held by the Planning Commission
on the 11 th day of January, 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 and [mal 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 final plat be approved and that the requisite
signatures are authorized and directed to be affixed to the final plat conditioned on the following:
1. Developer shall execute a Development Contract with the City specifying the Developer's
obligations, and the City shall review and approve all required plans.
2. The Developer reimburses the City for all engineering, administrative, legal and SWCD costs.
3. The Developer agrees to furnish the City one (1) reproducible and one (1) eight and one-half inch
by eleven inch (8 W' x 11") reproducible copy of the filed plat in accordance with Title 11,
Chapter 3, Section 3 (E) of the City Code.
This resolution adopted by recorded vote ofthe Farmington City Council in open session on the _ day
of ,2000.
Mayor
Attested to the _ day of
,2000.
City Administrator
Location Map
Charleswood 3rd Addition
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325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/od
TO:
Mayor, Council Members,
City Administrator
Lee Smick, AICP "Q
Planning Coordinator y;v
~
FROM:
DATE:
June 19,2000
SUBJECT:
Consider Resolution - Bristol Square 2nd Addition Final Plat
INTRODUCTION
Bristol Square is located east of Glenview Townhomes, south of Westview Sales and Dakota
Storage (old Wausau Supply site), west of County Road 72 and the Prairie Waterway and north of
County Road 72 and the East Farmington single-family residential development. The Developer,
Jim Allen, has recently submitted the 2nd Addition Final Plat for review by the Planning
Commission and City Council. The entire site contains 19.7 acres with the Developer platting 42
units in the 2nd Addition on 4.4 acres and providing an outlot for the northern portion of the
Bristol Square site. The property is zoned R-3 high density residential.
DISCUSSION
The Developer proposes 42 townhomes in the 2nd Addition Final Plat that is a continuation from
the 42 townhomes approved in the 1 sl Addition. Bristol Square is a private development
maintained by a homeowners association.
The Developer platted 42-townhome units on 4.09 acres in the 1 sl Addition of Bristol Square
located at the southwest comer of the property directly north of County Road 72. The remaining
property was platted as 14 separate outlots (see attached 1 sl Addition plat). As shown on the 1 sl
Addition plat, the 2nd Addition will be platted in Outlots A, B, C, D, E, F and N. The overall plan
for the development proposes 173 townhome units on 19.7 acres yielding a density of 8.8
units/acre, falling well below the maximum density of 14.0 units/acre allowed in the R-3 Zoning
District.
Access to the 2nd Addition is from Twelfth Street and Prairie View Trail through the I sl Addition
and from Glenview Townhomes on the westerly border of the site. Twelfth Street, Prairie View
Trail, Bristol Lane and Pine Street have been constructed in the 1 sl Addition. Willow Trail and
Lilac Lane will be constructed in the 2nd Addition.
The streets throughout the development will be private and are measured at 24 feet in width with
curb and gutter. No parking along any streets is allowed in the development. The Developer
proposes 94 off-street parking spaces with 26 of those constructed in the 2nd Addition.
Additionally, the 2-story townhome unit consists of 2-car garages and space for 2-cars parked in
the driveway of each unit. The Developer also proposes to incorporate 4 one-level townhomes in
the 2nd Addition. The one-level townhomes with two-stall garages are shown on Lots 5 and 7 in
Block 1 and with one-stall garages on Lots 13 and 16 in Block 1.
The Planning Commission approved the final plat on June 13, 2000. The Engineering staff and
City Attorney has reviewed and recommends approval of the final plat.
ACTION REOUESTED
Consider resolution approvmg Bristol Square 2nd Addition Final Plat upon the following
condition:
1. 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.
Respectfully submitted,
IK~
Lee Smick, AICP
Planning Coordinator
cc: Jim Allen, Allen Homes
Steve Albrecht, William R. Engelhardt Associates, Inc.
RESOLUTION NO.
APPROVING FINAL PLAT AND AUTHORIZING
SIGNING OF FINAL PLAT
BRISTOL SQUARE 2ND ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,
Minnesota, was held in the Council Chambers of said City on the 19th day ofJune, 2000 at 7:00 P.M.
Members Present:
Members Absent:
Member _ introduced and Member _ seconded the following:
WHEREAS, an application meeting City requirements has been filed seeking fmal plat review and
approval of Bristol Square 2nd Addition; and
WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 28th day of
July, 1998, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard
were given the opportunity to be heard thereon; and
WHEREAS, the Planning Commission reviewed and recommended City Council approval of the fmal plat
at its meeting held on the 13th day of June, 2000; and
WHEREAS; the City Council reviewed the preliminary and fmal plat; and
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by
municipal service.
NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite
signatures are authorized and directed to be affixed to the final plat with the following conditions:
1. 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.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of
June, 2000.
Mayor
Attested to the _ day of June, 2000.
City Administrator
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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, Council Membets,J7
City Administrator JJX.-
FROM:
Lee Smick, AICP ^ 10
Planning Coordinator j)Y
DATE:
June 19,2000
SUBJECT:
Consider Resolution - Tamarack Ridge Final Plat
INTRODUCTION
The Tamarack Ridge development consists of approximately 64 acres east of Trunk Highway 3,
south of County Road 66, west of the Prairie Waterway and Cambodia Avenue and north of 20 8th
and 209th Streets. The developers propose to plat 28 single-family lots, 8 condominium lots
consisting of 70 condominiums and 9 rental townhome lots consisting of 32 rental townhomes
within the Tamarack Ridge Final Plat.
DISCUSSION
The Planning Commission reviewed and approved the final plat for Tamarack Ridge on June 13,
2000. The preliminary plat was approved by the Planning Commission on May 9, 2000 and by
the City Council on May 15, 2000. No major changes have been made to the final plat since the
preliminary plat was approved.
Single-Family Residential- James Development Company
James Development Company proposes to plat 28 single-family lots in the first phase of the
project. The single-family project consists of a total of 73 single-family lots. The lots range from
a minimum of 9,000 to 18,000 square feet.
Access to the first phase of the single-family addition is from the northerly access onto CSAH 66
from the site approved by the Dakota County Plat Commission (see attached correspondence).
The cul-de-sac is measured at 430 feet in length, below the maximum requirement of 500 feet in
the City Code. The developer will provide a temporary turnaround on the proposed through
street. The street consists of a 60-foot wide right-of-way and 28-foot wide pavement allowed by
the recent approval of the City's modified street standard of 28-feet.
As shown on the attached information sheet, the Planning Commission has approved the
utilization of the 28- foot roadway width in the single-family development because of the
following criteria:
1. The functional classification of the roadway (i.e. local, collector) will be a primary
consideration. Evaluation: The proposed roadways in the single-family development are
designated as local streets that typically generate trips between 100 and 500 vehicles per day.
2. The reduction of road widths in areas where the presence of neighborhood parks and multiple
driveways are being planned. Evaluation: A total of 52 driveways will access onto the
north/south local collector between CSAH 66 and 208th Street. With the multiple driveways
and the proposed curvilinear street, a reduction in the street width is warranted to provide
traffic calming and increase vehicular and pedestrian safety.
3. The need for sidewalks on at least a minimum of one side is required, however sidewalks on
both sides of the street will be encouraged to enhance pedestrian safety. Evaluation: The
Developer agreed to provide sidewalks on one side ofthe street for pedestrian safety.
Based upon the above-mentioned evaluations, the Planning Commission approved the 28-foot
street widths in the single-family development.
A large percentage of the lots will be limited to split-entry homes because of the high water table;
however, the Developer proposes full-basement homes on as many lots as possible. The housing
prices may range from $120,000 to $180,000.
8-10 Unit Condominiums - Centex Homes
Centex Homes will develop 70 two-story condominiums in 8 to 10-unit buildings on 8 lots in the
first phase of the carriage home project. This development is part of a homeowner's association
and all roadways proposed are private. The through street consists of a 50-foot wide right-of-way
and a 28-foot wide pavement. The driveways to the buildings consist of 30-foot wide private
rights-of-way with a 22-foot wide pavement.
Centex Homes will make a request to Dakota County for a temporary construction access to the 8
condominium lots along CSAH 66 from the southerly access shown on the plat.
Rental Townhomes - Farmington Family Townhomes
The Farmington Family Townhome project will be constructed by Jim Deanovic of Farmington
Family Housing Limited Partnership. The project consists of 32 rental units in 4-unit buildings
and will be platted in one phase. A 24-foot wide roadway from 209th Street provides access
through the site.
The project is being partially funded by the Minnesota Housing Finance Agency (MHF A).
MHFA has requested that a steel chain or collapsible bollards close off the northerly access to the
rental townhome site from the commercial area. The MHF A has made this request to deter any
commercial traffic from utilizing the Farmington Family Townhomes site to access to 209th
Street. By providing the chain or collapsible bollards, emergency vehicles can access the
roadway when needed, rather than daily traffic.
The Planning Commission denied this request due to the need for emergency vehicles to access
the site. The Fire Marshal has required that this access remain unobstructed at all times.
Additionally, the developer does not propose to construct the commercial area for 3 to 5 years,
thereby eliminating any commercial traffic in the first few years of the townhome project. Upon
construction of the commercial area, the proposed access to the south from the commercial area
will likely be the one most utilized from 209th Street. Finally, the roadway could be identified
with signage stating "private development - no through traffic allowed."
Outlots
The following is a list ofthe outlots with the acreage and proposed use:
Outlot A
Outlot B
Outlot C
Outlot D
Outlot E
Outlot F
Outlot G
Outlot H
Outlot I
Outlot J
5.6 acres
0.7 acres
0.8 acres
0.5 acres
1.5 acres
3.0 acres
6.8 acres
14.1 acres
0.7 acres
2.0 acres
Commercial area
Storm water pond
Roadway
Storm water pond
Storm water pond
City Park
Future Condominium lots
Future Single-family residential lots and streets
Storm water pond
FEMA Floodplain
Grading on the site will begin shortly and the developer would like to construct models as soon as
possible upon approval ofthe final plat by the City Council.
The City Attorney has reviewed and approved the final plat upon approval of engineering
requirements.
ACTION REQUESTED
Consider a resolution approving the Tamarack Ridge Final Plan under the following conditions:
1. 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.
Respectfully submitted,
&~
Lee Smick, AICP
Planning Coordinator
cc: Jim Ostenson, James Development Company
Wayne Lamoreaux, Pioneer Engineering
RESOLUTION NO.
APPROVING FINAL PLAT AND AUTHORIZING
SIGNING OF FINAL PLAT
TAMARACK RIDGE
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 19th day of June, 2000 at 7:00 P.M.
Members Present:
Members Absent:
Member _ introduced and Member _ seconded the following:
WHEREAS, an application meeting City requirements has been filed seeking final plat review and
approval of Tamarack Ridge; and
WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 25th day of
April, 2000, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard
were given the opportunity to be heard thereon; and
WHEREAS, the Planning Commission reviewed and recommended City Council approval of the fmal plat
at its meeting held on the 13th day of June, 2000; and
WHEREAS; the City Council reviewed the preliminary and fmal plat; and
WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by
municipal service.
NOW, THEREFORE, BE IT RESOLVED that the above fmal plat be approved and that the requisite
signatures are authorized and directed to be affixed to the fmal plat with the following conditions:
1. 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.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of
June, 2000.
Mayor
Attested to the _ day of June, 2000.
City Administrator
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Survey and Land Information
Gary H. Stevenson, P.LS.
County Surveyor
Land Information Director
~~~
(Iff
May 16,2000
Dakota County
Western Service Center
14955 Galaxie Avenue City of Farmington
Apple Valley. MN 55124-8579 325 Oak Street
Fanrrrington ~ 55024
612.891.7087
Fax 612.891.7097
www.co.dakota.mn.us
o
Printed on recycled paper
with 30% posHonsurner waste
AN EQUAl OPPORTUNITY EMPlOYER
Attention:
Re:
David Olson, Community Development Director
TAMARACK RIDGE
The Dakota County Plat Commission met on May 15, 2000, to consider the revised preliminary plat of
TAMARACK RIDGE and variance request from the County's Access Spacing Guidelines. Said plat is
adjacent to CSAH 66, and is therefore, subject to the Dakota County Contiguous Plat Ordinance.
The County's Access Spacing Guideline is one-eighth mile. A second revised preliminary plat was
submitted for review showing two accesses onto CSAH 66. One access is located an eighth mile east of
State Highway 3 and meets the guidelines. The second proposed Street is approximately 550 feet
southwesterly of a driveway to the adjacent property on the north and does not meet the guideline. The City
is requesting a variance of 110 feet from the guideline to allow this street location. The Plat Commission
agreed that this was an improved location from what had previously been submitted and will recommend
approval of the variance.
The County's Right of Way Guideline is 55 feet of half right of way for a two-lane rural highway.
The Ordinance requires submittal of a final plat before a recommendation is made to the County Board.
Traffic volumes on CSAH 66 were 2,650 in 1996 and are anticipated to be 4,500 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.
No work shall commence in 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.
-~L
ary H. Stevenson
Secretary, Plat Commission
c: Wayne Lamoreaux, Pioneer Engineering
City of Farmington
325 Oak Street
Farmington, MN 55024
651-463-1600
28-Foot Residential Street
60-Foot Right-of-Way
Requirements
Information Sheet
The City of Farmington currently requires a residential street standard of 32-feet in width measured from
the front of each curb within 60-foot right-of-ways. Developers in the City have recently proposed the
reduction of the street standard to provide a better quality of life for homeowners through the introduction
of sidewalks and the reduction of local roadway widths leading to the reduction of traffic speeds.
The City of Farmington has reviewed these requests and has determined that a modification to the 32-foot
standard is allowed under certain conditions. Although the 28-foot wide treatment isn't applicable for all
residential streets, the City may approve the roadway width modification to 28 feet measured from the front
of each curb within a 6O-foot right-of-way. The following is representative of planning issues that may be
considered for the approval of 28-foot wide residential streets:
~l.
2.
3.
The functional classification of the roadway (i.e. local, collector) will be a primary consideration.
Allowed in highly dense developments.
Proposed developments that reside near land that is environmentally sensitive including wetlands,
floodways, slopes or natural areas to reduce pavement and runoff from large expanses of paved
surfaces.
Proposed developments where street grades are 10% or more and where a reduction in roadway width
will facilitate a decrease in traffic speeds.
The reduction of road widths in areas where the presence of neighborhood parks and multiple
driveways are being planned.
The need for sidewalks on at least a minimum of one side is required, however sidewalks on both sides
ofthe street will be encouraged to enhance pedestrian safety.
The 28-foot roadway requires an 8-foot parking lane on one side and a 20-foot width for two-way
traffic flow.
The development is part of a PUD where the preservation and enhancement of desirable site
characteristics and open space are recommended.
4.
.y5.
~6.
7.
8.
Benefits of28-foot residential streets
l. The residential quality of life is improved. This is a qualitative benefit that is perceived by persons
living on a residential street that is lesser in width than those built in the past. This may provide for a
more cohesive neighborhood.
2. Allows for the preservation of existing slopes when the site topography is generally rolling.
3. Construction and reconstruction cost savings due to reduced pavement needs.
4. Pedestrian safety may be enhanced through the installation of sidewalks.
5. Maintenance and rehab (seal coat/rebuild) cost savings.
6. Reduces runoff because of decreased pavement surfaces.
7. Saves on natural resources by reducing the amount of paved surface
8. Less pavement for pedestrians to cross.
9. Promotes a leisurely walking atmosphere.
10. Boulevard trees between the roadway and the sidewalk provide a pedestrian zone that feels safe.
II. Additional width can go to boulevards and landscape treatments.
12. Lesser width reduces visual effect of a "speedway" thus introducing lesser driving speeds by motorists.
This translates to a potential accident reduction benefit.
13. Traffic calming effect.
Approved May 15,2000
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/O-F
FROM:
Mayor, Council Members. Y
City Administrator
Lee Smick, AICP (\if!
Planning CoordinatoV
TO:
SUBJECT:
Consider Resolution - Autumn Glen 1 st Addition Corrective Final Plat
DATE:
June 19,2000
INTRODUCTION
Arcon Development, Inc. has submitted a 'Corrective Final Plat' for Autumn Glen 1 st Addition
for approval by the City Council (see attached letter). The corrective final plat shows 43 single-
family lots due to the acquisition by Arcon Development of 'Outlot K' of the original Autumn
Glen 151 Addition Final Plat (previously identified as Outlot D in the original survey of the
development and Preliminary Plat).
DISCUSSION
The Preliminary Plat for Autumn Glen was approved at the August 24, 1999 Planning
Commission meeting and the September 6, 1999 City Council meeting. At that time, a
Conditional Use/Grading and Excavation Permit was also approved to allow commencement of
grading of the property. The developer began rough grading work and tree removal on site late in
September and has completed most of the grading work this spring. The Developer requested an
extension to file for the Final Plat on November 15, 1999.
The original 151 Addition Final Plat was approved on May 1,2000 and showed 41 single-family
lots along with a number of outlots. A stipulation to the original 1 st Addition Final Plat approval
required that when Arcon Development gained control of Outlot K, it would be replatted to
extend the rear lots on Lot 1 & 2 of Block 8 and subdivide two additional lots as part of both
Outlot K and Outlot L (Lots 19, 20, 21 and 22 Block 1 - Corrective Final Plat). The City had
agreed to work with the Developer to convey Outlot K to the Developer for additional backyard
area for abutting lots. However, the City was restricted from conveying the property under the
original deed from the State, which restricted the use of the property for public purposes only
(essentially for the use of the Sanitary sewer). Thus, it was necessary for the City to convey the
property back to the State for reconveyance to the City without the use restriction and subsequent
conveyance to the Developer.
This process has been completed and Outlot K was recently conveyed to the developer for Lots
19,20,21 and 22 in Block 1 of the Autumn Glen 1st Addition Corrective Final Plat. In addition,
Outlot L of the original Final Plat for Autumn Glen 151 Addition is now part of Lots 19 and 20.
Because the Developer has not yet recorded the final plat approved on May I, 2000, the
Developer is requesting that this corrective final plat, addressing the City's condition placed on its
approval for the original final plat, be reviewed and approved by the City Council.
The City Attorney has reviewed and approved the Autumn Glen I sl Addition Corrective Final Plat
contingent upon engineering approval.
ACTION REOUESTED
Consider a resolution approving the Autumn Glen 1 sl Addition Corrective Final Plat contingent
on the preparation and execution of the Development Contract and approval of the construction
plans.
Respectfully submitted,
~~
Lee Smick, AICP
Planning Coordinator
cc: Larry Frank, Arcon Development, Inc.
RESOLUTION NO.
APPROVING CORRECTIVE FINAL PLAT AND AUmORIZING
SIGNING OF CORRECTIVE FINAL PLAT
AUTUMN GLEN 1ST ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of June,
2000 at 7:00 P.M.
Members Present:
Members Absent:
introduced and Member _ seconded the following:
Member
WHEREAS, the City previously approved the flnal plat for Autumn Glen 1st Addition on May 1,
2000, with the stipulation that when the Developer acquired Outlot K, the outlot would be
replatted to extend the rear lots on Lot 1 & 2 of Block 8 and subdivide two additional lots as part
of both Outlot K and Outlot L (Lots 19,20,21 and 22 Block 1 - Corrective Final Plat); and,
WHEREAS, Arcon Development, Inc. has recently acquired Outlot K, original 1 st Addition Final
Plat); and,
WHEREAS, Arcon Development, Inc. has not yet recorded the Final Plat originally approved for
Autumn Glen 1 st Addition; and,
WHEREAS, Arcon Development, Inc. has prepared a Corrective Final Plat for Autumn Glen 1 st
Addition which addresses the City's stipulation concerning the replatting of outlots for additional
backyard space for certain identified lots; and,
WHEREAS, Arcon Development, Inc. has applied for approval for the Corrective Final Plat for
Autumn Glen 151 Addition.
NOW, THEREFORE, BE IT RESOLVED that the Corrective Final Plat for Autumn Glen 1st
Addition is hereby approved and that the requisite signatures are authorized and directed to be
affixed to the Corrective Final Plat with the following conditions:
1. Easements on Outlot A shall be changed to reflect stonn sewer realignment along the north
property line.
2. The Final Plat approval is contingent on the preparation and execution of the Development
Contract and approval of the construction plans for grading, stonn water and utilities by the
Engineering Division.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
19th day of June, 2000.
Attested to the _ day of June, 2000.
SEAL
Mayor
City Administrator
ARCON
7625 METRO BLVD. · SUITE 350 · EDINA, MINNESOTA 55439 · PHONE 612/835-4981 · FAX 612/835-0069
June 9, 2000
Mr. David Olson
Community Development Director
City of Farmington
325 Oak Street
Farmington, MN 55024
RE: Autumn Glen
Dear David,
Arcon Development, Inc. is hereby submitting the 'Corrective Final Plat' for Autumn
Glen to the City for Council approval. This 'Corrective Final Plat' is identical to the
Preliminary Plat approved by the City, and includes the former Outlot 'D', Akin Park
Estates into single family lots. As you may recall, the original Final Plat approved for
Autumn Glen included two 'outlots' representing the fonner Outlot 'D'. Arcon
Development, Inc. has recently acquired Outlot 'D' and it makes sense to add it into the
Final Plat now rather than come back to the City for a 'replat' of this small area.
Enclosed please find five (5) full size copies and one (1) 11 x 17 copy ofthe 'Corrective
Final Plat' for Autumn Glen for City approval.
I am also enclosing a check to the City of Farmington in the amount of$l,OOO.OO as
remaining payment to the City for expenses related to the former Outlot 'D'.
Arcon appreciates the Cities cooperation on this matter.
Sincerely,
~ I'- fi- .-~
Larry D. Frank
Project Manager
Enclosure:
WE DO MORE THAN DEVELOP LAND.... WE CREATE NEIGHBORHOODS
DEVELOPERS - PLANNERS - CONTRACTORS
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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
IOj
TO: Mayor and Councilmembers
City Administrator
FROM: David L. Olson
Community Development Director
SUBJECT: Schedule Public Hearing - East Farmington TIF Plan Amendment
DATE: June 19,2000
INTRODUCTION
Staff has previously presented to the Council a proposal to use existing captured tax
increments in the East Farmington TIF District to acquire additional land to expand the
Prairie Waterway and to reimburse Sienna Corporation for additional soil correction costs
that have been incurred.
DISCUSSION
As was presented at a Council workshop in April, staff has been discussing with
representatives of Sienna Corporation the possibility of acquiring additional land to
expand the Prairie Waterway to include the temporary pond that was created in 1999 and
to incorporate this pond into the existing Prairie Waterway system. Also, Sienna is
seeking reimbursement of $317,830 for additional soil correction costs they incurred in
the development of East Farmington.
The additional land acquisition and reimbursement of soil correction costs fall within the
original TIF Plan Budget and thus there is no fiscal impact to other local taxing
jurisdictions. The requirement for a TIF Plan Amendment which includes the requirement
for a public hearing is triggered by the proposed acquisition of additional land.
BUDGET IMPACT
The overall budget of the East Farmington TIF District will not change nor will the
duration of the TIF District.
ACTION REQUESTED
Schedule a public hearing to consider the proposed East Farmington TIF Plan amendment
for Monday, July 17,2000.
Respec~fullY SU~
/: ~/1.
<
David L. Olson
Community Development Director
cc: Rod Hardy, Sienna Corporation
Sherrill R. Oman, Fredrikson & Byron, P A
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
IDA
TO: Mayor, Councilmembers, City Administrat~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: 2001 - 2005 Dakota County CIP - City Project Requests
DATE: June 19,2000
INTRODUCTION
Dakota County has requested the City's input in preparing the County's 2001 - 2005
CIP.
DISCUSSION
Staff has met with Dakota County staff regarding the County's 2001 - 2005 CIP and
recommends that the Council request that the following projects in Farmington be
scheduled in the County's 2001 - 2005 CIP.
CSAH 50, Division to TH 3
This project was originally scheduled to begin engineering in 2000 and construction in
2001, however, State turn back funds are unavailable at this time to fund the project. In
discussions with County staff, it is anticipated that construction of Elm Street could occur
in 2005.
CR 64,jrom CSAH 31 to City Limits - 2002
CR 64 (195th Street) from CSAH 31 to the TH 3 has been identified by the City and the
County as a vital east-west corridor in Farmington and possibly beyond Farmington. The
segment from CSAH 31 to the current easterly City limits is necessary for the
development of the Malinski property abutting the alignment on the north side. It is
anticipated that the development occurring on the Malinski property will need access to
CR 64 in the year 2002.
The Seed-Genstar Property that is scheduled for annexation into the City abuts the future
alignment of CR 64 east of the current City limits. When that property is annexed and
begins to develop, CR 64 will need to be extended to TH 3.
CSAH 31, CSAH 50 to CSAH 74 - 2005
Based on the observed growth rate in the City, it is recommended that this segment of
CSAH 31 be included in the County's CIP for construction in the year 2005.
20th Street - 2005
The concept of the County participating in the construction costs of City streets that
support or relieve parallel County Roads has been proposed to the County. The extension
of20gth Street to TH 3 would provide a significant, positive impact on Elm Street (CSAH
50) from a traffic standpoint. Therefore, it is recommended that the County adopt a
policy based on this concept and include the extension of 208th street from its current
easterly terminus to TH 3 in the year 2004.
BUDGET IMPACT
It is currently the County's policy that the costs of the roadway improvements are split
55% County and 45% City. City financial participation in the projects identified is yet to
be determined but would likely include a combination of funding mechanisms that would
be identified in individual project feasibility reports.
ACTION REQUESTED
Authorize staff to forward the recommended requests to the County for preparation of the
Dakota County draft ~001 - 2005 CIP.
Respectfully submitted,
~)11~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
City of Farmington
325 Oak Street. farmlngton. MN 55024
(651) 463.7111 Fax (651) 463.2591
www.ci.farmlllpon.mn.us
TO: Mayor & Councilmembers
FROM: John. F. Erar, City Administrator
SUBJECT: Supplemental Agenda
DATE: June 19,2000
It is requested that the June 19, 2000 agenda be amended as follows:
UNFINISHED BUSINES
11 (a) Appoint Arehitectural Firm - Public Facilities
Approve appointment of Wold Architects and Engineers as the combined architecture
and engineering firm for new public facilities.
Respectfully submitted,
~l~
~. F. Erar
Jity Administrator
~
. . - - .... - -.,. - - ",""-"".-- - - ...,'. . ---.-- ---
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ct.farmington.mn.us
J/~
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: Appoint Architectural Firm - Public Facilities
DATE: June 19, 2000
INTRODUCTION
The City Council has authorized the process leading to a recommendation for appointment of a
finn to provide architectural services to assist the City in the construction of a new Law
Enforcement Center and Central Maintenance Facility.
DISCUSSION
The City received a total of fifteen qualifying proposals from architectural firms interested in
providing this professional service. Of the fifteen firms, six firms were selected for an interview
by a project team interview panel. Factors considered by the interview panel included the finn's
specific project experience, quality of the proposals submitted, architectural services approach to
the two projects, architectural fees for proposed services, and general capabilities of the
proposer's project team that would be needed to meet the City's specific project needs and
expectations. The interview team also conducted a very thorough review of the firm's past client
references to ascertain the level of satisfaction these fonner public clients had with the proposing
firm.
The interview panel consisting of Finance Director Roland, Parks Director Bell, Police Chief
Siebenaler, Mr. Barry Badinger and Mr. Bob Struve from E&V Construction Management and
this office reached a consensus that Wold Architects and Engineers (Wold) represented the firm
best able to meet the City's needs relative to the new public facilities. Both finns, in terms of
qualifications, experience, value of services proposed, firm capabilities and project management
considerations represent a high quality and cost effective team effort.
The recommended finn, Wold, has an extensive and successful history of involvement in both
the construction of law enforcement centers and public maintenance facilities. A brief listing of
some of their most current projects include Saint Paul Park City Hall and Police Facility, Steele
County/City of Owatonna Law Enforcement Center, Meeker County/City of Litchfield Law
Enforcement Center, Carver County Justice Center, Dakota County Law Enforcement Center,
and WrightlHennepin Cooperative Electric Association Maintenance Facility. In addition, client
references were thoroughly checked relative to past project experience. Consequently, Wold is
highly qualified to meet the City's specific architectural service needs.
BUDGET IMPACT
Fees for project architect services to be provided by Wold are classified as a professional service
under state law, and consequently the City is not required to select the lowest cost proposer.
Wold proposed their professional service fees at $365,000 for both facilities, with reimbursables
and fees for furnishings, fixtures and equipment planning and design estimated at $46,000 for a
total estimated fee of $411,000. In comparison, the preliminary facilities project budget
estimated architectural service fees at approximately $510,000. The difference in fees will be
preliminarily allocated to the project contingency to be utilized as needed throughout the project
design and construction process. Any unused project funds at the completion of the project
would be allocated to debt service in the repayment of the lease revenue bonds.
ACTION REOUESTED
Authorize the appointment of Wold Architects and Engineers as the City's project architect for
the public facilities project. Upon Council authorization, an agreement with Wold will be
formalized and executed in accordance with the terms of their proposal.
mitted,
file
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
lib
TO: Mayor, Councilmembers, City Administrato~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Utility Connections - 209th Street Update
DATE: June 19,2000
INTRODUCTION
Staff attended the Empire Town Board meeting held on June 13, 2000, to discuss the sewer
service options the Council reviewed at the June 5, 2000 Council workshop, relating to 209th
Street.
DISCUSSION
The Empire Town Board was presented with a memo outlining the three options identified by
the City, which indicated the City's preference of Option 2 (see attached). Option 2 would
provide for the transfer of ownership to the City of the line in 209th Street, up to the
manhole at Trunk Highway 3. City ownership of the line would transfer to the City the
responsibility for the repair and maintenance of the sewer line and would bring these new
residents under the City's current sanitary sewer rate structure. While the line would still
be connected to the Township's sewer system, the City would actually own that portion of
the line servicing the new City residents, up to the manhole at TH 3. A joint powers
agreement between the City and the Township would be required to address the
maintenance ofthe manhole at TH 3 and reimbursement to Empire Township for the City
sewage flows conveyed to the interceptor by the Township's system.
The Empire Town Board agreed that Option 2 is the preferred option to address the sewer
service issues between the City and the Township. The Board also requested that the
City make contact with the two businesses south of 209th Street along TH 3 in regards to
providing water service.
BUDGET IMPACT
Costs associated with staff time to prepare a draft joint powers agreement.
ACTION REQUESTED
Authorize staff to prepare a draft joint powers agreement addressing the sewer service issues
related to Option 2 for review by Council and the Empire Town Board.
-
Respectfully submitted,
~J11~
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.ct.farmlneton.mn.us
TO: Empire Town Board
FROM: John F. Erar, City Administrator
Lee M. Mann, Director of Public Works/City Engineer
SUBJECT: Tamarack Ridge Plat - 209th Street Sewer Connections
DATE: June 13,2000
At the May 15, 2000 Farmington City Council meeting, the preliminary Plat for the Tamarack
Ridge development was presented and discussed. One aspect of this development, though not
directly related to the approval of the preliminary plat, included the provision of City water
services to Township residents on the south side of 209th Street. While it was clear that these
properties would be annexed upon provision of water services, the City Council raised issues
related to these same properties continuing to receive sanitary sewer services from Empire
Township.
The City Council held a workshop on June 5,2000 to discuss sewer service to the residents along
209th Street. The City has identified three options to address the sewer service issue as outlined
below:
OPTION 1
Option 1 would allow Empire Township to continue to serve these annexed City properties with
sanitary sewer services. No changes in infrastructure or ownership of the sewer line would
occur. Essentially, the Township would act as a private/public utility provider. A joint powers
agreement would be required between the City and the Township to address overall maintenance
and billing responsibilities. This option has been identified by the City Council as the least
desirable due to a variety of policy considerations.
OPTION 2
This option would be facilitated through an agreement with the Township that would provide for
the transfer of ownership to the City of the line in 209th Street, up to the manhole at Trunk
Highway 3. City ownership of the line would transfer to the City the responsibility for the repair
and maintenance of the sewer line and would bring these new residents under the City's current
sanitary sewer rate structure. While the line would still be connected to the Township's sewer
system, the City would actually own that portion of the line servicing the new City residents, up
to the manhole at TH 3. A joint powers agreement between the City and the Township would be
required to address the maintenance of the manhole at TH 3 and reimbursement to Empire
Township for the City sewage flows conveyed to the interceptor by the Township's system.
OPTION 3
Under this option, the existing Township line serving properties on the southside of 209th Street
would be connected to the City's main sewer line serving Tamarack Ridge. An agreement would
be reached between the City and the Township transferring ownership of the existing sewer line
in 209th Street to the City. The City would assume the costs of the re-connection of the existing
sewer line in 209th Street to the City's system. A joint powers agreement between the City and
the Township would not be necessary for maintenance or billing purposes since the City would
have maintenance responsibility as owner of the line and the sewage flows would not be
conveyed by the Township system.
CITY CONCLUSIONS
The Farmington City Council, at the June 5, 2000 workshop, indicated that, from the City's
perspective, Option 2 was the most preferable option. The Council directed staff to present these
issues to the Empire Town Board for your consideration and comment. If the Empire Town
Board agrees with the City's preferred option, the City Council would have a draft joint powers
agreement prepared that would address the issues related to Option 2. The draft agreement
would be forwarded to Empire Township for review, comment, and once all parties are in
agreement, approval.
Respectfully,
cz: fr1 ~
Lee M. Mann, P .E.
Director of Public Works, City Engineer
J F. Erar
ity Administrator
cc: file
Mayor and City Council of Farmington
Joel Jamnik, City Attorney
City of Farmington
325. Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/~~
TO:
Mayor, Councilmembers, City Administrato~
James Bell, Parks and Recreation Director
FROM:
SUBJECT:
Consider Resolution - Farmington Preserve Trail Feasibility Report
DATE:
June 19,2000
INTRODUCTION
Attached is the Feasibility Report for the Farmington Preserve Trail. The project consists
of constructing the trail in five segments.
DISCUSSION
The Farmington Preserve Trail has been divided into five parts to accommodate
construction issues and budget. The five areas are as follows:
. Akin Road - 2700 feet along Akin Road from 208th Street north. The trail
segment will be constructed in the road right of way.
. Reisinger Parcel - 5800 feet north from the Akin Road segment to Autumn
Glen. A large portion of this trail segment will be constructed in city owned
land within wetlands. Therefore this segment of trail will require special
needs and expenses.
. Autumn Glen - 4800 feet north of the future 195th Street corridor to the
northern boundary of the City owned woods. Staff is in contact with the
developer of Autumn Glen regarding the construction of this segment of trail.
. Prairie Creek East - 3800 feet through the proposed Prairie Creek Plat. Final
determination of the exact location of this segment will be determined during
the platting stage.
. Lake Julia - 1600 feet through Lake Julia Park from Embers Ave. on the
southwest edge of the park to the east boundary of the park and from Egret
Way to connect with the Embers Ave. portion of the trail.
The dollars budgeted in the 2000 C.I.P. are sufficient for the construction of only two
portions of the trail. It is recommended that only the Lake Julia segment be bid out and
the construction of the Autumn Glen segment be coordinated with the developer.
BUDGET IMPACT
The Farmington Preserve Trail Project is included in the 2000 Capital Improvement Plan.
Funding dollars for the project come from the Parks Improvement Fund and a State-
matching grant of $50,000. The total estimated project cost for the Lake Julia segment of
the project is $92,726. The remainder of the budgeted funds in the 2000 C.I.P. will be
coordinated to the extent possible within the Autumn Glen segment.
ACTION REQUESTED
Adopt the attached resolution accepting the feasibility report, authorizing the preparation
of plans and specifications and advertise for bids.
Respectfully submitted,
~~~
James Bell
Parks and Recreation Director
cc: file
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RESOLUTION NO. R -00
ACCEPT FEASIBILITY REPORT
ORDER PROJECT
AUTHORIZE ADVERTISEMENT FOR BIDS
PROJECT 00-15,
FARMINGTON PRESERVE TRAIL
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 19th day of June, 2000 at 7:00 p.m.
Members present:
Members absent:
Member
introduced and Member seconded the following resolution:
WHEREAS, pursuant to the City's 2000 Capital Improvement Plan, a preliminary report has been
prepared with reference to the following improvement:
Proi. No.
00-15Farmington Preserve Trail
Description
10' wide bituminous pathway
Location
between 208th Street and the Prairie
Creek neighborhood
WHEREAS, this report was received by the Council on June 19th, 2000; and,
WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-
effective, and feasible.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Farmington, Minnesota that:
1. The feasibility report is hereby accepted.
2. Such improvement is hereby ordered as proposed.
3. Glenn Cook is hereby designated as the engineer for this improvement. He shall prepare plans and
specifications for the making of such improvement.
4. Staff is hereby authorized to advertise for bids.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of
June, 2000.
Mayor
Attested to the
day of June, 2000.
City Administrator
SEAL
Report for
Farmington Preserve Trail
Farmington, Minnesota
June, 2000
File No. 141-99-119
JLlj Bonestroo
_ _ Rosene
~ Anderlil< &
. \J ~ Associates
Engineers & Architects
Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity
Employer and Employee Owned
Principals: Otto G. Bonestroo, PE. . Marvin l. Sorvala, PE. . Glenn R. Cook, PE. .
Robert G. Schunichl. PE. . Jerry A Bourdon. PE.
Senior Consultants: Robert W. Rosene, P.E. . Joseph C. Anderlik, PE. . Richard E. Turner, PE. .
Susan M. Eberlin. C.P.A
Associate Principals: Howard A. Sanford, PE. . Keith A. Gordon, P,E. . Robert R. Pfefferle, P,E. .
Richard W. Foster. PE. . David O. Loskota. r.E. . Robert C. Russek. AI.A. . Mark A Hanson. PE. .
Michael T. Rautmann. PE. . Ted K.Field. PE. . Kenneth P Anderson. PE. . Mark R. Rolfs. PE. .
David A Bonestroo. M.B.A. . Sidney P Williamson. PE.. LS. . Agnes M. Ring. M.B.A' Allan Rick Schmidt. PE.
Offices: St. Paul. St. Cioud. Rochester and Willmar. MN . Milwaukee. Wi
Website: WWW.bonestroO.com
June 13, 2000
Honorable Mayor and City Council
City of Farmington
325 Oak Street
Farmington, MN 55024-1358
Re: Feasibility Report
Farmington Preserve Trail
Our File No. 141-99-119
Dear Mayor and Council:
Enclosed, for your review is our feasibility report for the Preserve Trail in Farmington. The proposed
trail is located east of Akin Road, between 20Sth Street and Lake Julia.
This report describes the improvements necessary to construct the trail to serve this area. Cost
estimates for the proposed improvements are presented in the Appendices.
We would be pleased to discuss this report further with the City Councilor City staff at any mutually
convenient time.
Respectfully submitted,
BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INe.
~C?{~
Thomas P. Kellogg, P.E.
I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that I am a
duly Registered Professional Engineer under the laws of the
State of Minnesota.
~~~K~
Glenn R. Cook, P.E.
Date:
June 13, 2000
Reg. No. 9451
2335 West Highway 36 · St. Paul, MN 55113. 651-636-4600 · Fax: 651-636-1311
Table of Contents
Page No.
Letter of Transmittal
1.
Table of Contents
2.
Introduction
2.
Discussion
2.
Cost Estimates
5.
Conclusions and Recommendations
6.
Figure 1 - Location Plan
Figure 2 - Farmington Preserve Trail
Appendix A - Cost Estimates
Project Cost Tracking Sheet
Farmington Preserve Trail
2
Introduction
City staff has requested this report to determine the feasibility of constructing a 3.4 mile long
bituminous trail to serve as a link between 208th Street and the Prairie Creek neighborhood, as shown
on Figure 1. The trail will be 10 feet in width with a centerline stripe to provide two way traffic for
roller bladers, bicyclists and pedestrians.
This report describes the proposed trail alignment, trail typical section, and design and construction
concerns. The costs of the proposed improvements are presented in the appendices and a cost
summary is presented in the Cost Estimates section.
Discussion
The proposed Farmington Preserve Trail would begin at the existing concrete sidewalk at the
intersection of 208th Street and Akin Road. The trail would continue northerly from this point along
Akin Road for approximately 2700 feet. The trail alignment would then be routed easterly and
northerly approximately 3 miles through City owned property and easements. The northerly terminus
of the trail would through the Park at Lake Julia in the Prairie Creek neighborhood to the intersection
of Embers Avenue and 187th Street. For the purposes of this report we will discuss the trail in five
separate segments, A - E, as shown on Figure 2.
Part A (Akin Road)
This segment is the most southerly trail segment and spans the area from 208th Street to a point 2700
feet north. On the southerly end the trail would connect to an existing concrete sidewalk at 208th
Street. From this point the trail would be constructed northerly along an alignment parallel to Akin
Road. Akin Road is a two-lane rural section roadway with a posted speed limit of 50 miles per hour.
The street has 12-foot wide driving lanes with a 7-foot paved shoulder, 3-foot gravel shoulder and
a ditch section. Akin Road is constructed within a lOa-foot right-of-way. The proposed trail would
be constructed along the backside of the ditch section approximately 38-feet east of the driven
centerline of Akin Road. Within this segment Akin Road crosses Middle Creek. At this creek
crossing the trail will need to be moved to a location 28-feet east of the centerline. An existing
guardrail will need to be relocated 6-feet to the west to allow for the trail construction. The guardrail
would serve as a barrier to protect trail users from traffic. A retaining wall will be necessary to
construct the trail at this crossing. A split rail wooden fence is proposed on top of the retaining wall
Farmington Preserve Trail
3
to provide a barrier between the trail and Middle Creek. The trail would be constructed within the
existing right-of-way wherever possible; however easements may be necessary in some areas.
Part B (Reisinger Parcel)
This portion of the trail begins at the northerly limit of Part A and extends to the north
approximately 5800-feet to the southerly limits of the Autumn Glen development. The trail
alignment is shown in an approximate way on Figure 2. Construction of the trail will be on City
owned land and easements through natural areas and wetlands. It is anticipated that some organic
soils will be encountered in the wetland areas. Geotextile fabric will be used where necessary to
provide separation between the aggregate base and the sub grade and to increase structural stability
of the section when poor soils are encountered. A final trail alignment will be chosen during the
design phase so as to minimize impacts to wetlands. A floating boardwalk will be installed on the
southerly end of the project to cross an existing wet area. The Wetland Conservation Act requires
that wetland impacts exceeding 400 square feet (higher quality wetlands) to 2000 square feet (lesser
quality wetlands) be mitigated at a 2:1 ratio. Wetlands along the trail alignment will need to be
delineated and classified to quantify the extent of mitigation necessary. It is proposed that wetland
mitigation could occur on the City owned land west of the proposed trail at the north end of this
segment.
Part C (Autumn Glen)
This segment begins at the easterly extension of 195th Street and continues north through the Autumn
Glen neighborhood to the southerly boundary of the Prairie Creek East neighborhood. The southerly
700-feet of this segment will have an east-west orientation and will be constructed parallel to 195th
Street. The alignment will then run northerly through an existing woodland following an old logging
road. Utilizing the existing road through the woods will minimize tree loss during construction. At
the northerly edge of the woods the trail will turn easterly and continue to the southeast comer of the
Prairie East subdivision. The total length of this trail segment is approximately 4800-feet. It is
anticipated that the developer of the Autumn Glen subdivision will construct this portion of the trail
during the construction of the development.
Part D (Prairie Creek East)
The total length of Part D is approximately 3900-feet. The proposed alignment begins at the
southeast comer of Prairie Creek East and runs northerly for 800 feet to an existing drainage ditch.
From this point the trail alignment turns westerly paralleling the drainage ditch to the eastern
boundary of the Lake Julia Park. The final trail alignment through the Prairie Creek East subdivision
Farmington Preserve Trail
4
will be determined when a final subdivision plat is approved. It is anticipated that the developer of
the Prairie Creek East site will construct this section of the trail.
Part E (Lake Julia)
The trail through the Lake Julia area will span from the northwest corner of the Prairie Creek East
neighborhood to the intersection of Embers Avenue and 18Jh Street West. The trail will be aligned
between the existing playground equipment and Lake Julia, southwesterly to 187th Street West and
terminate at Embers Avenue. The trail will connect to the existing concrete sidewalk along Embers
Avenue. The westerly 140 feet of the trail will transition to a 5-foot wide concrete sidewalk at this
connection. An additional spur will be provided as a connection to Egret Way on the north side of
Lake Julia.
Cost Estimates
The project costs for these improvements are outlined in this section. Itemized cost estimates for the
proposed improvements are presented in the appendices. The estimated costs shown in this report
are based on year 2000 construction and can be related to the ENR Construction Cost Index for
February, 2000 of 6,160. The costs presented below include 10 percent for contingencies and 27
percent for engineering, legal and administrative costs.
Estimated Project Costs
TRAIL SEGMENT ESTIMATED COST
Part A (Akin Road) $166,200
Part B (Reisinger Parcel) $357,700
Part C (Autumn Glen) $188,600
Part D (Prairie Creek East) $183,700
Part E (Lake Julia) $92,700
Soils work, wetland delineation, testing $7,500
Estimated Total Project Cost $996,400
The cost estimates do not include easement costs that could be incurred on the project.
Farmington Preserve Trail
5
Conclusions and Recommendations
The proposed improvements described in this report are feasible as they relate to general engineering
principles and construction procedures. The project is necessary to provide a north-south pedestrian
link between the Prairie Creek neighborhood and 20gth Street. The feasibility of the project as a
whole is subject to the financial review. Based on the information contained in this report, it is
recommended that:
1. That this Report be adopted as the guide for installation of a bituminous pathway
between 20gth Street and the Prairie Creek neighborhood.
2. That the City conduct a legal and fiscal review of the proposed project.
3. The following tentative schedule be implemented for the project:
The table below outlines the proposed project schedule based on the City constructing Part E only
in 2000.
Receive Feasibility Report/Order Plans and June 19,2000
Specifications/Authorize advertisement for Bids
Take Bids August 3, 2000
Accept Bids/Award Contract August 7, 2000
Begin Construction August 21, 2000
Complete Construction October 15,2000
Farmington Preserve Trail
6
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APPENDICES
Farmington Preserve Trail
7
Appendix
City of Farmington
Farmington Preserve
Trail Improvements
File Number 141-99-119
Preliminary Cost Estimate for Part A
Item Unit Est.Quantity Unit Price Est. Cost
Clear and Grub LS 1 $2,500.00 $2,500
Remove CMP or RCP culvert LF 120 7.00 840
Relocate mailboxes, signs, etc. LS 1 400.00 400
Salvage and reinstall guardrail LF 360 25.00 9,000
Remove and transplant trees EA 6 250.00 1,500
Silt fence, preassembled LF 1000 1.50 1,500
Common excavation (EV) CY 2800 9.50 26,600
Granular borrow (CV) CY 500 10.00 5,000
Aggregate base, CI. 5 100% crushed (walk) TN 1500 13.00 19,500
Aggregate base, CI. 5 100% crushed (driveway) TN 30 13.00 390
Type 41A bituminous mixture for walk TN 400 50.00 20,000
18" CMP storm sewer, 16 gauge LF 240 20.00 4,800
18" CMP flared end section EA 16 150.00 2,400
4" solid line, white epoxy LF 2800 0.70 1,960
Modular block retaining wall SF 450 15.00 6,750
Seed w/topsoil, mulch & fertilizer AC 2 3,000.00 6,000
Sod w/4" topsoil SY 1900 2.50 4,750
4' high wood fence LF 150 20.00 3,000
Wood fiber blanket SY 350 2.00 700
Class 3 rip rap CY 30 45.00 1,350
Estimated Construction Cost $118,940
10% contingency $11,894
Subtotal $130,834
27% Eng., Legal & Admin.
$35,325.18
Total Estimated Project Cost, Part A
$166,159
Part A Cost Estimate
Part B Cost Estimate
Appendix
City of Farmington
Farmington Preserve
Trail Improvements
File Number 141-99-119
Preliminary Cost Estimate for Part B
Item Unit Est.Quantity Unit Price Est. Cost
Clear and Grub LS 1 $7,000.00 $7,000
Remove CMP or RCP culvert LF 40 7.00 280
Silt fence, preassembled LF 3000 1.50 4,500
Common excavation (EV) CY 5300 9.50 50,350
Select granular borrow CY 2900 15.00 43,500
Aggregate base, CI. 5 100% crushed (walk) TN 3100 13.00 40,300
Geotextile fabric SY 7900 1.50 11,850
Aggregate base, CI. 5 100% crushed TN 30 13.00 390
Type 41A bituminous mixture for walk TN 800 50.00 40,000
18" CMP storm sewer, 16 gauge LF 200 20.00 4,000
18" CMP flared end section EA 10 150.00 1,500
4" solid line, white epoxy LF 5900 0.70 4,130
Floating boardwalk (60' x 7' section) EA 1 10,000.00 10,000
Seed w/topsoil, mulch & fertilizer AC 5.5 3,000.00 16,500
Wood fiber blanket SY 200 2.00 400
Wetland Mitigation LS 1 20,000.00 20,000
Class 3 rip rap CY 30 45.00 1,350
Estimated Construction Cost $256,050
10% contingency $25,605
Subtotal $281,655
27% Eng., Legal & Admin.
$76,047
Total Estimated Project Cost, Part B
$357,702
Part B Cost Estimate
Part C Cost Estimate
Appendix
City of Farmington
Farmington Preserve
Trail Improvements
File Number 141-99-119
Preliminary Cost Estimate for Part C
Item Unit Est.Quantity Unit Price Est. Cost
Clear and Grub LS 1 $2,500.00 $2,500
Silt fence, preassembled LF 500 1.50 750
Common excavation (EV) CY 2500 9.50 23,750
Select granular borrow CY 1050 15.00 15,750
Granular borrow (CV) CY 1050 10.00 10,500
Geotextile fabric SY 5600 1.50 8,400
Aggregate base, CI. 5 100% crushed (walk) TN 2200 13.00 28,600
Type 41 A bituminous mixture for walk TN 580 50.00 29,000
15" CMP culvert, 16 gauge LF 40 17.00 680
15" CMP flared end section EA 2 100.00 200
4" solid line, white epoxy LF 4200 0.70 2,940
Seed w/topsoil, mulch & fertilizer AC 3.3 3,000.00 9,900
Sod w/4" topsoil SY 700 2.50 1,750
Wood fiber blanket SY 50 2.00 100
Class 3 rip rap CY 4 45.00 180
Estimated Construction Cost
$135,000
10% contingency
$13,500
Subtotal
$148,500
27% Eng., Legal & Admin.
$40,095
Total Estimated Project Cost, Part C
$188,595
Part C Cost Estimate
Preliminary Cost Estimate for Part D
Item
Part D Cost Estimate
Appendix
City of Farmington
Farmington Preserve
Trail Improvements
File Number 141-99-119
Unit Est.Quantity Unit Price Est. Cost
LS 1 $2,000.00 $2,000
LF 3100 1.50 4,650
CY 2800 9.50 26,600
CY 1000 15.00 15,000
CY 500 10.00 5,000
TN 2100 13.00 27,300
SY 5400 1.50 8,100
TN 550 50.00 27,500
LF 40 17.00 680
EA 2 100.00 200
LF 4000 0.70 2,800
AC 3.7 3,000.00 11,100
SY 100 2.00 200
CY 8 45.00 360
Estimated Construction Cost $131,490.00
10% contingency $13,149.00
Subtotal $144,639.00
27% Eng., Legal & Admin. $39,052.53
Total Estimated Project Cost, Part D $183,692
Clear and Grub
Silt fence, preassembled
Common excavation (EV)
Select granular borrow
Granular borrow (CV)
Aggregate base, CI. 5 100% crushed (walk)
Geotextile fabric
Type 41 A bituminous mixture for walk
15" CMP culvert
15" CMP flared end section
4" solid line, white epoxy
Seed w/topsoil, mulch & fertilizer
Wood fiber blanket
Class 3 rip rap
Part D Cost Estimate
Part E Cost Estimate
Appendix
City of Farmington
Farmington Preserve
Trail Improvements
File Number 141-99-119
Preliminary Cost Estimate for Part E
Item Unit Est.Quantity Unit Price Est. Cost
Clear and Grub LS 1 $500.00 $500
Relocate mailboxes, signs, etc. LS 1 200.00 200
Remove and transplant trees EA 6 250.00 1,500
Silt fence, preassembled LF 1200 1.50 1,800
Common excavation (EV) CY 1050 9.50 9,975
Granular borrow (CV) CY 770 10.00 7,700
Aggregate base, CI. 5 100% crushed (walk) TN 950 13.00 12,350
4" concrete sidewalk SF 2000 4.00 8,000
Type 41A bituminous mixture for walk TN 220 50.00 11,000
15" CMP culvert LF 80 17.00 1,360
15" CMP flared end section EA 4 100.00 400
4" solid line, white epoxy LF 1600 0.70 1,120
Seed w/topsoil, mulch & fertilizer AC 1.1 3,000.00 3,300
Sod w/4" topsoil SY 2500 2.50 6,250
Wood fiber blanket SY 100 2.00 200
Class 3 rip rap CY 16 45.00 720
Estimated Construction Cost
$66,375
10% contingency
$6,638
Subtotal
$73,013
27% Eng., Legal & Admin.
$19,713
Total Estimated Project Cost, Part E
$92,726
Part E Cost Estimate
Preliminary
Project Cost Tracking
Project - Farmington Preserve Trail
Description of Project-Trail construction from 208th Street to Lake Julia
Project No.- 00-14
Items Date Name of Company Cost
1. Construction Costs
Part A $ 118,940
PartB $ 256,050
Parte $ 135,000
Part 0 $ 131,490
PartE $ 66,375
Total Construction Costs $ 707,855
2. Contingencies (10 %) $ 70,766
(Contingences and Total Construction Costs) Subtotal = $ 778,641
3. Engineering, Legal, Administration (27%) $ 210,233
(Total of Items 1-3) Subtotal = $ 988,873
4. Soil Borings American Engineering Testing $ 4,000
Subtotal = $ 4,000
5. Survey Work Estimate $
Subtotal = $
6. Wetland Delineation & Mitigation Estimate.Delineation $ 2,500
Mitigation is in construction costs
Subtotal = $ 2,500
7. Penmits (list)
$
Subtotal = $
8. Change Orders $
Subtotal = $
9. Environmental Studies, testing and monitoring ~ EAW $
Subtotal = $
10. Testing Services Estimate $ 1,000
Subtotal = $ 1.000
11. Easement/Right of Way Acquisition Estimated Right of Way acquisition*
*not estimated prior to negotiations
Subtotal = $
12. Demolition/moving
Subtotal = $
13. Outside Consultants Bonding Costs with Capitalized Interest $
Subtotal = $
14. SWCD - plats mainly - development cost NA
Subtotal = $
15. Street & Utility crew costs $
$
$
Subtotal = $
ITotal Estimated Project Cost =
$
996,373 I
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/3 a-
TO:
Mayor and City Council
City Administrator
FROM:
David L. Olson
Community Development Director
SUBJECT:
Discussion on the Status of the Dave King Conditional Use Permit
to Move a Duplex within an R-2 (Medium Density) Zoning
District on Property Located at 300 1 st Street
DATE:
June 19, 2000
INTRODUCTION
This memo is to update the City Council on the status of the Conditional Use Permit
received by Dave King to move a duplex within an R-2 zoning district on property
located at 300 1st Street.
DISCUSSION
Mr. King received a conditional use permit on June 8, 1999 to allow him to move in and
remodel a duplex unit within an R-2 (Medium Density) zoning district at the above
address. Also approved at that meeting was a variance permit (to encroach into the front
yard setbacks, utilizing the existing foundation) and a special exception permit (to move
the structure into the City along public streets).
Section 10-8-8 of the City Code addresses the invalidation of the granting of a
conditional use permit or variance after one year (see attached 10-8-8: Invalidation).
On March 8, 2000 a letter was sent out to Mr. King inquiring as to the the status of the
conditional use permit and to inform him of the I-year invalidation date. The letter
explains that "substantial progress" must be made on the project before the June 8, 2000
deadline. At that time substantial progress was determined to mean that the house must
be moved onto the property. Upon further discussions with the City Attorney's Office, it
was determined that substantial progress, at a minimum would have to include approval
of a building permit and the start of foundation work (see attached May 19, 2000 letter).
On May 31, 2000, Mr. King met with city staff concerning the status of the project and to
obtain a building permit application for the foundation work. Upon recommendation of
city staff, Mr. King submitted a letter outlining the status of the project, explaining that
unforeseen title work held up the loan. The letter also requests a 60-day extension from
the Commission to complete the project.
Below is a chronological time line describing the events of the property:
. January 14, 1998: Fire occurred within the home
. February 6, 1998: Letter sent to then property owner Mel Neumann concerning
hazardous building
. February 17, 1998: Letter returned
. February 18, 1998: Mr. Neumann contacted by phone, read contents of letter over
phone
. February 19, 1998: Re-sent letter to Mr. Neumann -letter received - no action taken
. February 24, 1998: Letter sent via the Farmington Police Department giving him 3
days to clean up yard
. February 25, 1998: Mr. Neumann contacted staff, request for additional time, request
denied
. April 18 and 21, 1998: Mr. Neumann contacted the City indicating that an appraisal
will be done on the property and that it will be razed sometime shortly after that.
. Spring 1999: Mr. King gains control of the property by assuming the back taxes on
the property.
. June 8, 1999: Planning Commission approves Conditional Use Permit (duplex within
an R-2 zone), Variance Permit (locate duplex on less than minimum lot size) and
Special Exception Permit (move structure into City) for Mr. King.
. July 13, 1999: Planning Commission approves Variance Permit (Encroach into front
yard setbacks) for Mr. King.
. August 6, 1999: Demolition Permit pulled by Mr. King.
. March 8, 2000: Letter sent by staff to Mr. King informing him of the June 8, 2000
deadline (I-year "Invalidation" date) and that "substantial progress" must be made.
An application for extension of both the CUP and the variance was included upon
recommendation of the City Attorney's office.
. May 17 & 19, 2000: City staff discusses with Mr. King what will be considered
"substantial progress". Mr. King agrees with the decision that 1) an approved
building permit is issued and 2) work begin commencing on preparation of the
foundation.
. May 19, 2000: Follow-up letter sent to Mr. King describing conversation and
agreement of terms r~lating to the May 17th and 19th telephone conversations.
. May 31, 2000: Mr. King meets with John Manke, Building Official and Michael
Schultz, Associate Planner concerning the status of his project and to pick-up a
building permit application. Mr. King submits a letter outlining the status of the title
work needed for the loan and to request a 60-day extension to complete the project.
. June 8, 2000: Mr. King contacts staff by phone to inform that the title work should be
completed soon and that loan has been approved.
Staff is still awaiting the following information:
. Building permit application for foundation
. Information concerning the moving of the structure (i.e. streets to be used, sureties,
County Permit)
. Letters of Credit (to be determined by staff, has not been calculated at this time)
PLANNING COMMISSION DETERMINATION
Based on consultation with the City Attorney, the role of the Planning Commission was
to determine whether "substantial progress" had been made relative to the previously
approved conditional use permit. Mr. King has indicated in his attached letter the status
of the project and the issues yet to be resolved. Based on staff's previous determination
of what constitutes "substantial progress," it was the opinion of staff that substantial
progress had not been made in the case of this property.
The Planning Commission at their June 13, 2000 meeting determined that "substantial
progress" had not been made by Mr. King towards implementing his conditional use
permit and thus the conditional use permit and variance was determined to be null and
void.
Mr. King now has the option of appealing this determination to the City Council which
requires that a public hearing be scheduled or to re-apply for a new conditional use
permit which would require a new public hearing process and notification. No further
work to implement the original conditional use permit is allowed until the appeal or new
application was approved.
Mr. King has indicated that he will attend the City Council meeting on Monday, June 19,
2000 to inform as to the status of other aspects of his project.
ACTION REOUESTED:
If it is the desire of the City Council to require Mr. King to abate any "hazardous
conditions" on the property, it should instruct staff to prepare an order to abate these
conditions within a specified time frame. In addition staff would need authorization to
seek an order from the District Court to allow the City to abate these conditions if they
are not abated by Mr. King within the specified time frame
Respectfully SU~ #
~~dL-
David L. Olson
Community Development Director
cc: Dave King
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10-8-10
City the option of completing the work or demolishing the structure to
clear. clean and restore the site. unless an extension is granted by
the City Council. In the event that the moving of any building causes
damage to the public streets or other public property. in addition to
any other remedies the City may have. the Zoning Officer may
require the damage to be repaired with the cost to be deducted from
the letter of credit. (Ord. 095-357. 8-7-1995)
10-8-8: INVALIDATION: If within one year from the date of granting
a conditional use or variance, upon recommendation of the
Zoning Officer. substantial progress has not been made to implement its
purpose, the Board of Adjustment shall declare the conditional use or
variance null and void. (Ord. 086-177. 3-17-1986)
10-8-9: NONCONFORMING USES: The Board of Adjustment shall
have the power to authorize changes of lawful nonconforming
uses as follows:
(A) A nonconforming use which occupies a portion of a structure may be
extended within such structure as it existed when this Zoning Title
was enacted but not in violation of the area and yard requirements of
the zoning district.
(B) A new nonconforming use may be created in an existing structure to
replace a lawful nonconforming use, provided that the owner agrees
in writing that:
1. The proposed nonconforming use will entail no structural changes
or additions other than those required for purposes of safety, health
and aesthetics.
2. The proposed use will be limited by all provisions of the section of
this Title regulating nonconforming uses. (Ord. 086-1 n, 3-17-1986)
10-8-10: AMENDMENTS: This Title may be amended whenever the
public necessity and convenience and the general welfare
require such amendment. All amendments relating to flood plain areas shall
follow provisions outlined in Chapter 10, Flood Plain Management, of this
Title. All others shall be guided by the following: (Ord. 093-323, 12-6-1993)
(A) Proceedings for amendment of this Title shall be initiated by:
296
City of Farmington
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City of Farmington
325 Oak Street. Farmington, MN 55024
(651) 463-1111 Fax (651) 463-2591
www.ci.farminaton.mn.us
May 19, 2000
David King
3245 Vermillion River Trl
Farmington, MN 55024
Dear Mr. King,
This is a follow-up letter to our phone conversations on May 17tlt and on May 19. 2000
concerning what progress needs to be occur to avoid any further City action of possible
nullification of the June 8, 1999 approved Conditional Use Pennit for the property located at 300
1st Street. City staffwould consider the following as "substantial progress":
I. Application for and issuance of a building pennit
2. Work commencing on the site to prepare the foundation for the structure.
These requirements must be approved and commencing before the June 8, 2000 deadline to
avoid any follow-up action by the City. The completion of those two actions only does not in
any way clear you of the "substantial progress" of completing the intended use of the property.
Any further continued delays of moving the structure onto the property and/or completing
renovation of the exterior of the structure could initiate further action by the City.
The City will make a determination of the surety amount equal to the cost of the work to be done
to ensure completion of the project, this amount will be based on but is not be limited to:
a. street repair for oversize loads on City streets;
b. landscaping;
c. close driveway access to Elm Street;
d. exterior renovation of the house
Please see the attached information relating to Special Exceptions and the Planning Commission
minutes of June 8, 1999.
If you have any questions or comments in reference to this letter please contact me at (651) 463-
1821.
cc: David L. Olson, Community Development Director
;.
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City of Farmington
325 Oak Street, Farmington. MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminrton.mn.us
March 8, 2000
David King
3245 Vennillion River Trl
Farmington, MN 55024
RE: 300 1st Street Property
Dear Mr. King,
This letter is to infonn you of the current status of your conditional use pennit for the property
located at 300 1st Street.
On June 8, 1999 the Planning Commission approved a conditional use pennit and variance to
locate a duplex unit within the R-2 zoning district. Also approved at that meeting was a special
exception penn it to move the proposed structure into the city.
The City Code requires that substantial progress be made within I year of the date the pennit(s)
were approved (see attached Section 10-8-8) or the pennit(s) will be invalidated. If the structure
is not moved on the site by June 8, 2000, you will need to seek an extension of the Conditional
Use and Variance.
An application for extension for both the CUP and variance is attached for your use. The
extension request should include a tentative schedule that should include when the project will
commence, site preparation, pulling building penn its, submitting sureties, moving the structure
on site, remodeling the structure and completing the project. The Plan.ning Commission and City
Council will make the detennination of the length of extension to allow completion of the project.
Also, the fencing around the foundation has again fallen and should be maintained to protect
against any liability of possible injury.
If you have any questions please contact me at (651) 463-1821.
cc: David Olson, Community Development Director
John Manke, Building Official
Joel Jamnik, City Attorney
Property file
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June 8, 1999
Planning Commission
Minutes
MOTION by Ley, second by Larson to close the public hearing. APIF, MOTION
CARRIED. MOTION by Larson contingent on the compliance of the above
requirements, second by Ley. APIF, MOTION CARRIED.
4. Chair Rotty opened the scheduled public hearing for David King who is seeking a
conditional use penn it to establish a duplex within an R-2 zoning district, a variance from -
the minimum lot size for duplexes and special exception pennit to move a duplex
structure along City streets and locate at 300 III Street. .
Associate Planner Schultz presented the conditional use, variance and special exception
pennits to the Planning Commission. The duplex is currently located in Scott COlQlty.
The existiog structure on the property was damaged by fire in January of 1998.
The applicant proposes to raze the building and the garage and locate the duplex on the
exiSting house foundation. The applicant needs to apply for a variance to the front yard
setback for a future Planning Commission meeting.
Chair Rotty requested comments from the applicant.
David King, 3245 VermillioD River Trail: An existing duplex has alreadyheen moved
and needs anew location and is a ready-made duplex. There is no need to divide the
structure. . Will set the structure on the existing house location aDd extend the foundation
23 feet to the west. Will re-roof structure and install new chipboard and vinyl siding on
the structure. Will look like new home after completed. Will rent both units.
Larry Oldenburg, neighbor: Is this a split entry or will it have a full basement? Is it
two bedrooms? Will you rent out four units?
David King, 3245 VermilUon River Trail: The units will have full basements and
could be used as a third bedroom because of the installation of egress windows in the
basement. The sides of the structure will be split entries. There will only be two units for
rent No drive will be located off of Elm Street.
Larry Oldenburg, neighbor: Who owns the property? Will the units be three
bedrooms?
David King, 3245 Vermillion River Trail: I own the property and I will leave the
option open for 2 three bedroom units.
Bob Richardson, 35 Elm Street: Would the entrance off of Elm Street be used or
closed? Would the garage be a new structure or a used structure?
David King, 3245 Vermillion River Trail: Elm Street access would be closed because
of the reconstruction of Elm Street. The garage would be a new structure and would be
accessed off of I II Street.
Luanne Richardson, 35 Elm Street: Will Mr. King be the landlord?
David King, 3245 Vermillion River Trail: I will not live on the property, but I will be
the landlord.
June 8, 1999
Planning Commission
Minutes
Chairman Rotty: Mr. King, are you aware of the contingencies and do you agree with
them?
David King, 3245 Vermillion River Trail: Yes.
Mr. King understands that he has60-days to upgrade the exterior of the structure and 90-
days to landscape the lot after the structure is set on the foundation per the requirements.
of the City Code.
David King, 3245 VermiUion River Trail: Will remove the existing structure and leave
the floor and foundation only so rain or kids can't access the basement. Will begin
construction towards the end of August. Will put up orange fence around foundation.
Associate Planner Schultz: Staff is under the impression that the County does not need
right-of-way needs in this area.
Commissioner Ley: Need to contact the County Engineer.
MOTION by Ley, second by Larson to close the public heanng. APIF, MOTION
CARRIED.
Contingencies to the approval include the following:
1. Applicant secure all proper pennits including:
a) Building Pennits
b) Demolition Pennit
c) Oversize Load Pennit from MNDOT
d) Any Engineering Pennits (i.e. curb breaking, additional water stub out)
e) Necessary setback variance if the existing foundation is to be utilized.
2. Applicant complete an upgrade of exterior of structure within 60 days and any
appropriate landscaping (to be detennined by statI) within 90 days upon approval
of pennit.
3. Applicant deliver an acceptable surety equal to the cost of the work to be done to
ensure completion.
4. Applicant remove the driveway access onto Elm Street.
I. MOTION by Ley, second by Larson to approve the conditional use pennit based
upon the above contingencies. APIF, MOTION CARRIED.
2. MOTION by Ley, second by Larson to approve the variance based upon the
above contingencies. APIF, MOTION CARRIED.
3. MOTION by Ley, second by Larson to approve the special exception pennit to
move the structure over City streets and based upon the above contingencies.
APIF, MOTION CARRIED.
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TO: City Planning Commission
FROM: Michael Schultz, Associate Planner
SUBJECT: Conditional Use Permit - Duplex in R-2 Zoning District
Variance - Minimum Lot Size
Special Exception Permit - House Moving
DATE: June 8,1999
INTRODUCTION
David King, 3245 Vermillion River Trail, is applying for both a conditional use permit to
locate a duplex within an R-2 (Medium Density) zoning district and a variance from the
minimum lot size requirement. The applicant also is applying for a special exception
permit to move the structure over city streets.
Plannine Division Review
Applicant:
David King
3245 Vermillion River Trail
Farmington, MN
Attachments:
1. Location Map
2. Pictures of Structure
3. Applicants Site Plan
Reference:
1. 10-8-5: Conditional Uses
2. 10-8-7: Special Exceptions
300 1st Street
(SW comer of 1st Street and
Elm Street)
Subject Property:
Legal Description:
N 75 feet oflots 1 and 2,
Block 14, Town of Farmington
Lot Size:
9,032 square feet
Current Zoning:
R-2 (Medium Density)
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Surrounding Zoning:
R-2 (Mediwn Density)
surrounds property except B-2
located on NE comer of 1 st and
Elm Streets (reference City
Zoning Map)
Comprehensive Plan:
Low/Mediwn Density
Current Land Use:
Unrecognized Two-family -
Vacant
Surrounding Land Uses:
Single-family, Multi-family and
Commercial
DISCUSSION
David King has made application to the City for the approvals of a conditional use permit to
locate a two-family (duplex) unit within an R-2 (Medium Density) Zoning District, a
variance to the minimum lot size (11,000 square feet required) and a special exception
permit to move the structure along public streets.
The existing structure on the property was damaged by a fire in January 1998 and has sat
vacant since that time. The house served as a duplex although was not formally recognized
by the City through a conditional use permit.
Mr. King proposes to raze the existing damaged structure along with the garage and replace
it with a duplex unit that would be positioned over the existing foundation. (The applicant
plans to make application for a variance to the front yard setback for the next Planning
Commission meeting upon approval of the current applications.) The applicant also plans
on placing a two-stall garage on the property with parking in the drive, access would come
off of 1 st Street. The applicant intends to reside the home with vinyl siding, install new
insulation, windows and possibly a new fascia
The proposed structure to be moved onto the property is a rambler style house measuring
twenty feet (20') by sixty-four feet (64'). The age of the structure is estimated in the mid-
1970's, and the estimated value of the structure will equal or be greater than those
properties surrounding the home after remodeling. The applicant and the contractor will
make the appropriate applications to MNDOT and Dakota County for moving the structure
along State and County highways; and staff will coordinate any issues that may arise with
both the contractor and MNDOT. Mr. King will need to apply for building permits for the
appropriate work done to the structure.
A variance for the placement of the structure is required due to the size of the lot at 9,032
square feet. Planning Commission has established recent precedence in granting variances
allowing duplexes on nonconforming lots. In June of 1994 the Commission approved a
variance for William Olson to convert a single-family house at 409 Oak Street into a duplex
situated on a 10,200 square foot lot. A hardship can be claimed due to the splitting of the
property around 1956 from the typical 10,000 plus square foot lots found on the block to
the existing lot size (the property was split from the north 75 feet oflots 1 and 2).
Staff feels that the applicant is making appropriate reuse of the property by re-establishing a
duplex on the subject site and having the City formally recognize the land use through
proper permitting.
ACTION REQUESTED
Staff recommends the Commission approve the conditional use permit, special exception
permit and variance in order for the applicant to move in an existing duplex structure onto a
less than minimum size lot in an R-2 zoning district contingent upon the following:
1. Applicant secure all proper permits including
a. Building Permits
b. Demolition Permit
c. Oversize Load Permit from MNDOT
d. Any Engineering Permits (i.e. curb breaking, additional water stub out)
e. Necessary setback variance if the existing foundation is to be utilized
2. Applicant complete an upgrade of exterior of structure within 60 days and any
appropriate landscaping (to be determined by staff) within 90 days upon approval of
permit.
3. Applicant deliver an acceptable surety equal to the cost of the work to be done to ensure
completion.
Sincerely Submitted,
Michael Schultz
Associate Planner
cc: David King