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Home My WebLink About11.01.99 Council Packet COUNCIL MEETING REGULAR November 1,1999 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) Staff Introduction - Community Development Department b) Employee Service Recognition - Liquor Store Operations Manager 6. CITIZEN COMMENTS (Open for Audience Comments) a) Ms. Nancy Paulos - Gateway Signs b) Mr. David Moss - Storm Water Drainage c) CSAH 31 Project Questions - Summary Report 7. CONSENT AGENDA a) Approve Council Minutes (10/18/99) (Regular) b) Set Public Hearing - Various Licenses and Permits c) Adopt Resolution - Establish Election Precinct 4 d) Appointment Recommendation - Police Department e) 'Release of Development Contract - Westview Townhomes f) Approve 1999 Community Development Block Grant Subgrantee Agreement g) Approve Assessment/Sewer Connection Agreement - CR 72 Project h) Approve VRWMO Joint Powers Agreement Amendment i) Approve Proposed 2000 - 2004 CIP j) School and Conference - Public Works Department k) Approve Bills 8. PUBLIC HEARINGS a) East Farmington Conditional Use Permit - Grading and Excavation 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Acknowledge 1999 Budget Award 11. UNFINISHED BUSINESS a) Adopt Ordinance - Seasonal Parking Restrictions 12. NEW BUSINESS a) Request for Senior Center Funding - Townships Action Taken 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION - Frontage Road - Highway 3 Project 15. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 56 TO: Mayor, Council Members FROM: John F. Erar, City Administrator SUBJECT: Employee Service Recognition DATE: November 1, 1999 INTRODUCTION In recognition of 25 years of dedicated employee service with the City of Farmington, the City would like to recognize Paul Asher, Liquor Store Operations Manager. DISCUSSION On November 4, 1999, Paul Asher will celebrate his (25th) twenty-fifth year of continued service with the City of Farmington. Throughout the many changes the City of Farmington and Liquor Store Operations have experienced in these past years, Paul has changed with them to perform his duties in an efficient, enthusiastic and cooperative manner. 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'" ...... l:J:l :s "'0 CI) :><: ~ ~ CI) ~ o ..... s:: ~ s:: .~ ~ c..-. o .e- u CI) .;3 c..-. o ta CI) r/) CI) .;3 "'0 CI) l:J:l @ U ] "'0 ] S' ..... CI) l:J:l o ~ CI) I-< CI) ..s::: CI) ~ ..s::: ..... ~ o ~ ~ = ~o\ 00.0\ oo~ ~ ~ z ~ ~s ~ ~ ~~ ~ o ..... l:J:l ~ "'0 ta I-< CI) tI I-< o ~ :::E CI) ~ o .e- ..... s:: u.8 CI) gp .;3 .- ~ ~ ta~ Cl)c..-. r/) 0 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~~ TO: Mayor, Councilmembers, City Administrator~ James Bell, Parks and Recreation Director FROM: SUBJECT: Citizen Comment - Gateway Sign Flowers DATE: November 1, 1999 INTRODUCTION Nancy Paulos requested the City plant flowers at the gateway sign on C.S.A.H 31. DISCUSSION City gateway signs are all landscaped to ensure a pleasantly and aesthetically pleasing entrance monument. The two sign monuments on state highway 3 were landscaped in cooperation with the State Highway Department as part of their highway beautification program. The remaining three signs were designed and landscaped by City staff. The planters are designed for aesthetics as well as maintenance considerations. The planter at the C.S.A.H. 31 sign is designed with shrubs and ornamental grasses. Staff will pass these citizens comments on to the seasonal gardener at the beginning of the next growing season. ACTION REQUESTED For information only. Respectfully submitted, --L~sf1 James Bell Parks and Recreation Director Cc: Nancy Paulos City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmin~on.mn.us ~6 TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Mr. David Moss - Storm Water Drainage DATE: November 1, 1999 INTRODUCTION At the October 18, 1999 City council meeting, Mr. David Moss, 18010 Echo Drive, indicated that he had questions regarding the drainage ditch that is located behind his home. DISCUSSION Engineering staff contacted Mr. Moss regarding his issues. Mr. Moss inquired as to the future of the farmland adjacent to the drainage ditch behind his home, which is in Lakeville. He also had questions regarding possible improvements to his backyard. Staff referred Mr. Moss to Lakeville City staff in regards to his questions relative to the land behind his home and to Planning staff in regards to his questions relative to possible future improvements in his backyard. BUDGET IMPACT None at this time. ACTION REOUESTED For information only. Respectfully submitted, Xm~' Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Mr. David Moss City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: CSAH 31 Project Questions - Summary Report DATE: November 1, 1999 INTRODUCTION At the October 20, 1999 Project Hearing, residents raised numerous questions that were not directly related to project assessments. As these questions were very important in the context of clearly communicating project information and satisfying resident concerns, staff has prepared a summary report in response to these particular concerns. DISCUSSION The attached table documents each question raised by the property owner, with a separate department response. Relative to particular issues raised, staff has prepared supporting documentation to thoroughly address stated citizen concerns. ACTION REOUESTED For information only. This information will be mailed to those residents listed in the summary report. file RESPONSES TO PUBLIC HEARING TESTIMONY October 18, 1999 Resident Question/Complaint Department Response , Mr. David BuntJer, 5532 Upper 182 Street Requested extra patrol on Pilot Knob. Motorists are reving their engines, speeding, squealing tires, and running the red arrow at Upper 182nd Street. Mr. David Buntjer, 5532 Upper 182nu Street A new turning lane was installed on Upper 182nd Street and Pilot Knob. He now has a large manhole cover installed in his front yard. He wanted to know why he was not notified and was not compensated. Ms. Shan Pals, 19125 Evenston Drive Inquired about the procedure for requesting streetlights and traffic signals on Pilot Knob. Mr. John Devney, 5788 212ln Street W Requested deer crossing signs on CSAH 31. PolIce Department: These nOIses are associated with starting and stopping and are generally not illegal. If the noise is generated intentionally it would be a violation under the City's Erratic Driving Ordinance. Mr. Buntjer also reported that drivers are violating the red turn arrow at Upper 182nd St. It is possible, and in fact likely that some motorists willfully violate the red turn arrow at the intersection just as a certain number of drivers willfully violate other red lights. In some cases it becomes a judgment call as to whether the driver entered the intersection on a yellow or red light. It should be noted that since the new Stop Light has been installed there have been no left turn or passing on the shoulder accidents reported at the intersection. Prior to the installation such accidents were a frequent occurrence, which prompted an intensive enforcement campaign in the area. Patrol staff will periodically monitor the intersection and take appropriate enforcement action. Public Works Department: The manhole in the front yard is a "hand hole" for the traffic signal at 182nd Street and CSAH 31. It is located in the right- of-way and therefore no compensation is appropriate. This situation would have been addressed with the property owner at the neighborhood meeting that was held pnor to construction of the project. Public Works Department: The County does not participate in the cost of installing streetlights unless they are part of a traffic signal system. Installation of streetlights would need to be a City project, which could only commence with County approval. These comments will be noted and recorded as a request for street lights along CSAH 31. The County has jurisdiction regarding the installation of traffic signals on CSAH 31. Request for signals need to be made to the County. The County has already completed signal studies along CSAH 31 and at this time, the intersection at CSAH 50 and CSAH 31 is the only intersection that warrants a signal. Public Works Department: Staffwill communicate this request to the County. Mr. Kerry Rustan, 5474 193fOStreet Asked about a noise barrier. He doesn't want a fence, but would like shrubbery. Mr. Kerry Rustan, 5474193ro Street Between Farmington and Lakeville police sirens he cannot sleep at night. He asked if police could use lights only and not sirens if they are not necessary. Mr. John Livingston, 19071 Enchanted Court There are no crosswalks or marked intersections on CSAH 3 1 for children to cross the road. He asked about installing a sidewalk from 190th Street to English Avenue. Asked if speed limit on CSAH 31 could be reduced as the road gets closer to the residential areas. Ms. Claire Pena, 18906 Embry Avenue Would like crosswalks on Pilot Knob. Mr. Leonard Lee, 5264 186th Street There was an accident on Sunday night, Oct 17, at 190th Street and Pilot Knob and an officer did not show up on the scene. He did not know if it was on the books or called in. The number of accidents has become worse. Ms. Joan Becker, 18853 Englisb Avenue Would like the speed limit reduced on Pilot Knob Public Works Department: Staff is in the process of meeting with abutting property owners to determine appropriateness of installing privacy fences. The decision to install fences and landscaping remains with the property owner. Mr. Rustan's property does not abut CSAH 31, and is therefore unaffected. Police Department: Minnesota State Law requires that a Public Safety vehicle, responding to an emergency must have both red lights and sirens. Any use of emergency equipment outside of State requirements such as requested by Mr. Rustan would place an extreme liability burden on the City. There are occasions when an emergency vehicle will respond without siren at the request of the victim because of personal risk to health or well being however in those instances the response is much more cautious. It should also be noted that officers routinely refrain from using the siren in a traffic stop situation unless it becomes absolutely necessary. This discretionary use ofthe siren by officers is meant to reduce noise disturbances just as Mr. Rustan suggests. Police officers will continue to observe state law requirements. Public Works Department: Current County practice does not include painting crosswalks at unprotected intersections. A protected intersection has a traffic signal, a four way stop or crossing guards present. In addition, crosswalks must connect pedestrian trails or sidewalks. The speed limit on CSAH 31 is regulated by the State of Minnesota Department of Transportation and requests for speed studies must be made of Dakota County. Currently, there is no sidewalk on English Avenue at 190th Street and therefore it would not be recommended to extend sidewalk to this area. In the future, if the sidewalk is extended to this area, this issue could be revisited. Public Works Department: See response above. Police Department: See attached staff report. Public Works Department: Speed limits are controlled by the State ofMN Department of when entering residential areas. Requested a 4-way Transportation. Request for a 4-way stop sign is stop sign on 190th Street and Pilot Knob. subject to a warrant study. Recently conducted warrant studies for a traffic control device at this intersection currently does not meet traffic control thresholds. Staff will continue to communicate with Dakota County on this issue. Ms. Joan Becker, 18853 English Avenue Police Department: Police patrol an average of She would like more police patrol on Pilot Knob 3,500 miles per week within the City. CSAH 31 and during the day. Akin Road is heavily traveled by officers and routinely monitored. Patrol officers will continue to monitor the area and will conduct enhanced enforcement in this area as appropriate. Ms. Judy Bryant, 5606 Upper 183ru Street W Public Works Department: Ms. Bryant brought A storm sewer was installed 5 years ago on Upper this issue to Council on March 16, 1998 at the initial 182nd Street and it has been moved, but she doesn't project hearing. Staff subsequently researched the know where. She was assessed $1500 when it was issues, prepared a staff report (see attached) and met installed. She feels she is being assessed twice for a with Ms. Bryant on April 16, 1998. It was storm sewer no one can prove has benefited her explained to Ms. Bryant at that time why she was property. originally assessed for storm sewer. It was also explained that per the City's assessment policy, her property had to be assessed for the reconstruct of the storm sewer relative to the CSAH 31 project. In this particular case, original lot improvements were never included by the developer, and were separately assessed. Consequently, while most lot improvements are already included in the original base price of the lot, Ms. Bryant purchased an unimproved lot, and then was assessed for the improvements separately. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers and City Administrato~ Daniel M. Siebenaler Chief of Police TO: SUBJECT: Accident, 188th St. and English Ave. DATE: November 1, 1999 INTRODUCTION During the Public Hearing of November 18, 1999 a citizen raised a concern about an accident that occurred at the intersection of 188th St and English Ave. His concern was that no officer responded to the scene for what was reported as a serious accident. DISCUSSION Staffhas investigated the report and has learned that on the evening of October 15, 1999 Lakeville Police Dispatch received a call from a woman reporting an accident at the intersection of I 88th and English. The caller reported that one vehicle hit the other and both left the scene. There was no personal injury involved and no damage to private property at the scene. The caller had no license numbers or vehicle descriptions. Dispatch advised that under those circumstances there was no reportable information. The caller stated that her husband was following the two vehicles and that she would call back with more information. At that time the dispatcher contacted an on duty patrol officer, advised him of the situation and told him that the caller would be calling back with more information. No such follow up call was received by Lakeville Dispatch. The incident was not entered into the Computer Aided Dispatching system and no file was started. Since there was no personal injury, no private property damage and no description of vehicles available, no incident report was completed. It should be noted that both the Dispatcher and the Patrol Officer followed established protocol in response to this call. Based on concerns raised at the October 18th meeting a patrol officer responded to the area and spoke with witnesses on October 20th, 1999. According to witnesses two vehicles were traveling northbound on English Ave. The first was a car driven by a young female. It was being followed closely by a pick up truck driven by a male. As the vehicles approached the intersection of I 88th St a young boy on a bicycle turned from westbound 188th St onto southbound English Ave. As the boy made his turn he traveled close to the curb on the east side of the street and never crossed the street. The driver of the first car apparently saw the boy on the bicycle turning from I 88th St onto English and slammed on her brakes. It is assumed that she believed the boy was about to cross her path and she was trying to avoid an accident. Skid marks from her emergency braking are visible near the center line of the roadway. The vehicle following apparently didn't react quickly enough and ran into the rear end of the first car. Both vehicles immediately left the area. Based on the information provided by witnesses the boy was hugging the curb. The skid marks are near the center line of the street. It appears that while the driver did a panic brake, the bike and car were not in danger of collision. It should also be noted that although the investigation was completed several days later there was no sign of broken glass or other debris from the two vehicles. Nor was there any report from witnesses about such debris. A reasonable person may assume that in the collision between the car and pick up, at least some damage occurred. However, in the case of a property damage accident no police report is required. If damage exceeds $1,000.00 the people involved must report it privately to the State of Minnesota but are still not required to report it to the local police. Therefore, unless the drivers were injured, in this case, neither driver was in violation by not reporting the collision. It is common for this type of unreported accident to happen in every jurisdiction. (This would be similar to hitting your own mailbox or bumping another car that you own. No report would be required and no police investigation would be conducted.) Based on the foregoing information it appears that the decision of the Dispatcher and the Police Officer were correct in not sending an officer to investigate. There appears to have been nothing at the scene for the officer to observe or record and no follow up report was made by the original caller as promised. The Farmington Police Department and the Lakeville Police Dispatch center have discussed the issue and have determined that, based on the available information, while no actual report should have been generated in the records management system, this is the type of data that could be entered in the new Computer Aided Dispatch side of the system for future reference. This adjustment will be made regarding future reports. ACTION REOUESTED Information only. Respectfully submitted, Daniel M. Siebenaler Chief of Police (,0.- TO: Mayor & Councilmembers City Administrator ~ FROM: Robin Roland Finance Director SUBJECT: Citizen Comment-CSAH 31 Project DATE: April 6, 1998 INTRODUCTION At the March 16, 1998 public hearing on the CSAH 31 project, Judy Bryant, 5606 Upper 183rd St. West questioned why she was being assessed for CSAH 31 as her property had been assessed $1,500 three years ago for storm sewer. DISCUSSION The assessment to which Mrs. Bryant refers was for installation of storm sewer, catch basins and bituminous streeUcurb and gutter in the Hillview and Terra additions. At the time of its construction, this project affected twenty four parcels in those developments. All but seven of these parcels were undeveloped at the time. The assessments on the undeveloped parcels were included in the price of the lots at the time of the sale of those lots to the new homeowners. Mrs. Bryant and six others owned benefiting properties which had the assessment certified to the tax rolls for a ten year period beginning in 1994. This project included installing street, curb and gutter and storm sewer. In most developments costs of the infrastructure are incurred by the developer and included in the price of the lot. In this situation however, seven properties were already sold and occupied before the subject improvements were installed. Therefore, in the case of these seven property owners, the lot price did not include the infrastructure costs and consequently, those properties are being assessed for the costs over ten years as part of their property tax bill. The reconstruction of CSAH 31 will affect part of this infrastructure as it will many other developments. That is why the reconstruction of improvements are assessed at 35% of cost rather than the 100% assessment of new infrastructure costs. ACTION REQUIRED For Council's information. :l;4Z1 . Robin Roland Finance Director cc: Judy Bryant I CitlJ of FarminlJ.ton 325 Oak Street · FarmingtonJ MN 55024 · (612) 463-7111 · Fax (612) 463.2591 /a- COUNCIL MINUTES REGULAR October 18, 1999 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None City Administrator Erar, City Attorney Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclamation Declaring October 25-29 Minnesota Manufacturer's Week The Proclamation was adopted. 6. CITIZEN COMMENTS Ms. Nancy Paulos, 18894 Euclid Path, requested placement of flowers at the gateway signs. Staff will respond. Mr. David Moss, 18010 Echo Drive, expressed concern of storm water drainage ditch adjacent to his North property line. Staff will respond. 7. CONSENT AGENDA MOTION by Verch, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (10/4/99) (Regular) and (10/6/99) (Special) b) Set October 20, 1999 for 2000-2004 Capital Improvement Plan - Distribution c) Received Information Capital Outlay - Fire Department d) Set November 15, 1999 for Continued Hearing - TH3 Frontage Road Project e) Received Information Holiday Decorations - Update f) Received Information Schools and Conference - Parks and Recreation g) Received Information 3rd Quarter Building Permit Summary h) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) October 18, 1999 Page 2 8. PUBLIC HEARINGS a) CSAH 31 Project Assessment Hearing The purpose of the hearing was to give residents an overview of the project, the benefits, costs, financial plan, special assessments, and receive public input. CSAH 31 was upgraded due to development in Northern Farmington. Dakota County did submit grant proposals, but failed to meet grant criteria. Numerous public information meetings were held to provide information to citizens. At the July 21, 1997 Council meeting, it was determined that Special Assessments and MSA Funding were the appropriate funding mechanisms for the project. At the March 16, 1998 Project Improvement Hearing, proposed assessments for property owners North of 195th were estimated at $385 per household. Final special assessments for these properties are now proposed at $392.56. The City is required to ensure that the assessment is not more than the benefit that is conferred to the benefiting property. The City has obtained an independent appraisal which indicates that the proposed assessment is below the value of the assessment being paid by the residents. The City contributes 45% oftotal eligible project construction costs. Of that 45%, benefiting properties are assessed according to City Special Assessment policies, with the remainder paid for with City funding. Special assessments are a one-time charge against property and may either be spread over 15 years at 6.5% interest or paid without interest within 30 days. Benefits include improved public access, increased roadway width and capacity, improved traffic flow, improved pedestrian safety and movement, traffic signals at Upper 182nd, with planned future signals at CSAH 50 and 31 in 2000. Project costs include construction, County engineering, right-of-way acquisition, utility relocation, and city project costs. Total project cost on March 16, 1998 was estimated at $3,729,990. Current costs are $4,052,000. Mr. Steve Wilson, 5200 203rd Street W, at the March 16, 1998 meeting he brought it to Council's attention that he thought he was going to be assessed $2300/acre. On April 6, 1998 he received a letter from the City showing a total assessment of $826.27. He recently received a letter stating his assessment was $11,204. He stated he does not have access to CSAH 31, unless he goes to 195th Street or CSAH 50. Staff replied under state statues the City is required to send a notice containing the full assessment. However, for property owners living on acreage, the property owner will only be assessed for one household equivalent as long as that land is their primary residence and they reside on that property. The portion over that will be deferred, until the property is re-platted. If the property is not re- platted, there will not be another assessment. Council Minutes (Regular) October 18, 1999 Page 3 Mr. Rick Bolon, 5185 185th Street W, stated the City and Engineers decided what would be the best lay of the land for the road. He wanted to know why the residents were not asked. He stated there have been numerous accidents on Pilot Knob. Mr. Ed Stober, 18529 Endeavor Avenue, stated 65% of cost is paid by taxes everyone has paid. He sees a lot of project benefit for people outside of the 1/2 mile strip. At the intersection of Euclid Path and Pilot Knob Road there have been three major accidents and one death, so he differs with improved pedestrian safety. When he comes home in the evening he is passed by vehicles going in excess of 50 mph. He asked why the grant proposal failed to meet the criteria? He asked who authorized Farmington to enter into the project? Was there a referendum? It does not sound like there was a vote. The Mayor replied by state law, Council has the discretion to set the assessment level without going through a referendum. Mr. Stober then asked about the vision of Farmington, and who determines what roads need to be developed? The Mayor stated a public meeting was held to discuss the Comprehensive Plan for the next five years. Mr. Chris Galler, 5275 190th Street, stated the County Road 31 extension has been on the books since 1982 when the Council and Planning Commission originally platted the reroute of CSAH 31. People have come to City Hall to check and that is a responsibility citizens have. As far as the assessment, he agrees that is a decision the County made to assess it against people. If people want decisions made locally, they have to pay locally. The City could have chosen to reject the project. That did not work with the planning process because there had been a number of accidents along that road, and the number of accidents will only get greater. The portion in Lakeville will be done when Lakeville is ready for the project. When projects on Elm and Ash Streets are done, will the same assessment procedure of 1/2 mile be used? This will create a problem for Council, as this means people between Ash and Elm Streets will be assessed twice. He is for assessments and understands the City has a number of road projects to be done. This method will be cheaper in the long run because as other road projects are done, they will not be added to taxes. He also wanted to know how long the questions and answers will be on file, so when people are assessed for Ash and Elm Streets he would like staff and legal counsel to be on record saying this is the way we are going to assess the project. Ms. Nancy Paulos Maxwell, 18894 Euclid Path, stated she is hearing that money received was not put aside for this project. She requested there be a reporting in the paper so residents can track what is being done. Staff replied the project has been on the books for many years. As far as staff can determine no money has been collected by the City to fund this project. The project was planned 17 years ago. It would be impossible to have collected money at that time with any degree of financial accuracy for a project that far in the future. Council Minutes (Regular) October 18, 1999 Page 4 Mr. James Susag, Attorney representing a property owner along the southern half of CSAH 31, wanted to make sure he understood how the 1/2 mile designation was made. Why not a 1/4 mile or 1 mile? Mayor Ristow stated the 1/2 mile would include the properties receiving the most benefit. Mr. David Moss, 18010 Echo Drive, stated he had questions regarding the planning of other assessments and how they will be handled. Will he be assessed again for other roads? At some point in the future, if CSAH 31 has to be widened where there is undeveloped property, the individual benefiting property owners will be assessed rather than the builder. At the North end, the Council has made a commitment stating if you are assessed for improvements associated with this county road, you will not be assessed for any other county road. Mr. Moss then asked why CSAH 31 south of 195th was not made a four-lane road instead of two- lanes? Staff replied a four-lane road was a City recommendation to the County. The decision was not associated with our current county engineer. County transportation experts did not feel it was necessary 2 1/2 years ago. Ms. Jean Hovanec, 18057 Exeter Court, stated she does not understand procedures as far as why they were not told about the project when they built their house. She feels the realtor, or developer, or someone should have told them. She also wanted to know who decided on the 1/2 mile assessment and who out of the people that made that decision actually live in that area? Mayor Ristow stated there are policies and procedures Council has adopted and tries to be consistent. He stated if she recently bought her house she should have been notified. Ms. Hovanec, stated everyone uses that road, why is just that 1/2 mile stretch responsible for the road. She said the County pays part of it, but she also pays County taxes and has to pay extra for the road. Councilmember Strachan stated that in terms of being a good steward of dollars, it makes sense to do it this way. He will also be paying this assessment, however it does increase the value of the home. Ms. Hovanec asked how it increases the value. Councilmember Strachan replied the new road makes faster access to the cities. Ms. Hovanec stated it is harder to get on to the road now, and is more dangerous than before. She then stated if the City knew about the road in 1982 and residents can spread the assessment out over 15 years, why wasn't that done 17 years ago? Councilmember Strachan stated money should have been put away, but it wasn't. The City is now managed very financially conservatively to make sure money is put aside. Ms. Ellana Garthune, 19067 Everest Path, understands 1 90th will connect with Cedar, are there plans for that and what are the assessments? Mayor Ristow replied 190th Street will be a City street and there will not be assessments. She stated the City cannot have it both ways, residents are paying for this now, if there are other assessments she will fight it all the way. Council Minutes (Regular) October 18, 1999 Page 5 Mr. Scott Carolan, 19181 Evenston, stated the closing date on his property was a month after the March 16th meeting. He received a letter saying the money may have been in escrow. He knows his money is not in escrow. Was there a requirement for the builder to put the money in escrow? City Attorney Jamnik replied he should have his own attorney look at the purchase agreement. It should be specified as to who pays pending assessments. Mr. Carolan then asked if it is correct that he has 30 days or 15 years to pay the assessment, or he can pay it off in four months? Staff replied if you do not pay within the next 30 days, at the end of the 30 days, the assessment is certified to the County to be added to your pay 2000 and beyond taxes. The City must add a $2.00 fee for every year that the parcel goes on the assessment roll and interest is added every year. Mr. Carolan also asked about being appraised for the amount the value was increased. Was the appraiser given only this 1/2 mile area to appraise and not the whole City? Mayor Ristow replied the assessments are based on benefiting properties. We have to show direct benefit to the property. Mr. David Buntjer, 5532 Upper 182nd Street, stated they bought their house in May of 1996 and were not notified of the road expansion. They were told a bike path was being installed. As far as safety and traffic on the road, before the improvement went through there was a police car on the road every day. Now he does not see any police patrol. Motorists are revving their engines, speeding, squealing tires, and running the red arrow at Upper 182nd Street and he does not see people getting pulled over. As far as property value, a new turning lane was installed on Pilot Knob and 182nd Street. He now as a large manhole cover installed in his front yard. He wanted to know why he was not notified and was not compensated. Mayor Ristow replied there were four public meetings on the road reconstruction. Staff replied they will meet with Mr. Buntjer to discuss the manhole. As far as traffic, staff stated several years ago the area of 182nd Street was treacherous. In response to that situation, a concerted effort was made for traffic enforcement. Regarding traffic enforcement in general, it cannot be guaranteed a police officer will be at any particular intersection at any particular time to observe all traffic violations. Right now, there is a list of 14 different areas requesting extra traffic enforcement. Residents should contact Police Chief Siebenaler with specific traffic concerns. Ms. Shan Pals, 19125 Evenston Drive, asked why wasn't the downtown area assessed? Councilmember Strachan replied we could not show benefit because it is not legal under state guidelines. She also inquired about the procedure for requesting street lights and traffic signals. The County will only participate in street lights involved with traffic signals. If the City wanted to install street lights, it would have to be a City funded project. For traffic signals, the only intersection that meets County standards for a traffic signal is CSAH 50 and CSAH 31. Mr. John Devney, 5788 212th Street W, stated most of his property is in ag preserve and some in green acres. He thought green acres property could not be assessed. City Attorney Jamnik replied under ag preserve statute property cannot Council Minutes (Regular) October 18, 1999 Page 6 be assessed. Green acres is an assessment deferment program the state has. During the time the property is in ag preserve interest is not charged. Mr. Devney also requested the City look into deer crossing signs on CSAH 31. Mayor Ristow replied the City will have to forward the request to the County, as the County has jurisdiction over the road. Mr. Kerry Rustan, 5474 193rd Street, asked about a noise barrier. Between Farmington and Lakeville Police sirens he cannot sleep. As far as utility wires, they were coiled up for some time and then laid out again. If the road needs to be improved in 12-15 years, will the City have to pall 00% of the cost? Mayor Ristow stated when houses develop south of 195 Street, they will be in this same situation if the road is widened. Assessments will go to the benefiting properties as long as the Council that is in office at that time elect to do that type of policy. Mr. Rustan then asked if the police could use lights only and not sirens if it is not necessary at night. Councilmember Strachan replied it is state law that the sirens be used, but he will forward it on to the Lakeville Police Chief. . For noise abatement, Mr. Rustan stated he does not want a barrier, but he stated he would like to see some type of shrubbery installed. Staff replied requests have been received from residents along the alignment for the City to initiate a privacy fence type project. The City will be looking at this project next spring in order for all the fences to be installed in one project. Meeting notices will be sent out in the next few weeks. All property owners adjacent to the new alignment North of 195th Street will be notified. Mr. John Livingston, 19071 Enchanted Court, stated his property now has busy roads on both sides - Akin Road and CSAH 31. Children cannot cross CSAH 31 as there are no crosswalks and no marked intersections. Mr. Don Theisen, County Engineer, replied they continually look at the intersections, including cross traffic. As far as crosswalks, they look at where they will effectively work. There is no sign or pavement marking that will ensure someone's safety. Mr. Livingston then asked if the speed limit could be reduced as the road gets closer to the residential areas. Mr. Theisen replied signals change the type of accident and can increase the number of accidents. Mr. Livingston also inquired about installing a sidewalk from 190th Street to English Avenue. Staff will look into the situation. Ms. Claire Pena, 18906 Embry Avenue, walks across Pilot Knob in the morning when it is dark and wanted to know how many accidents will happen before crosswalks are installed. Cars know they have to stop for people in crosswalks. Mr. Leonard Lee, 5264 186th Street, stated last night there was an accident at 190th Street and Pilot Knob and an officer did not show up on the scene. He did not know if the accident was on the books or called in. The number of accidents has become worse. He then asked why the developers did not hold money back to pay for the road if they knew about it 17 years ago, and also asked if money will be held back for the southern part of CSAH 31 as that is developed. Mayor Council Minutes (Regular) October 18, 1999 Page 7 Ristow replied there is no documentation showing that money was held back. It is also not indicated in the Development Contracts that any money was paid. Ms. Mary Twite, 18059 Eventide Way, she was concerned about setting a precedent for how the City pays for road improvements that are approved by both the City and County. She asked if this will become part of the process to have this be the primary avenue to do assessments rather than an overall tax levy of the City. Councilmember Cordes stated it can be put into policy and procedures, but Councils and staff change. We cannot hold a future Council to decisions that are made now. Ms. Twite then asked if this is consistent with past policy? Councilmember Cordes stated a project this large has never been experienced. Mayor Ristow stated this is consistent with current policy. It is hard to predict what will happen in the future and future Councils could change the policy. Ms. Joan Becker, 18853 English Avenue, her concerns were not only cost, but issues of safety. She has to be very careful about when and where she goes on her route due to traffic. She urged the City and County to reduce the speed limit on CSAH 31 when entering residential areas. She also requested a 4-way stop on 190th Street and CSAH 31 and would like more police patrol in this area during the day. Ms. Judy Bryant, 5606 Upper 183rd Street W, inquired if the storm sewer is considered a utility? She wanted to know if she was assessed when it was installed, can she be assessed if it was relocated? The storm sewer was on Upper 182nd Street and it has been moved, but she does not know where. She was assessed $1500 when it was first installed five years ago. Staff stated the utility relocation costs referred to for the CSAH 31 project refer to gas pipeline utilities. In reconstruction, there are always necessary changes to existing utilities in the street. As a reconstruct, per the City's assessment policy, residents are assessed at 35%. Ms. Bryant stated she is being assessed twice for a storm sewer no one can prove has benefitted her property. Staff will investigate the storm sewer assessment from five years ago and respond. MOTION by Strachan, second by Soderberg to close the public hearing except for those who objected to the assessment. APIF, MOTION CARRIED. A discussion followed to determine whether accrued interest on deferred special assessments should be waived during the deferment period. MOTION by Strachan, second by Soderberg to not waive the accrued interest on deferred assessment except as required by state statute. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg adopting RESOLUTION R94-99, adopting the final special assessment roll except for parties objecting to the assessment. APIF, MOTION CARRIED. A special Council Meeting was set for November 16, 1999 to hear objections to the assessment. Council Minutes (Regular) October 18, 1999 Page 8 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Consider Facility Transfer Agreement On September 21, 1999 the County Board approved ajoint powers agreement for the sale of the City library facility to Dakota County. The Farmington HRA approved the sale and transfer agreement for the City library facility at their October 12, 1999 meeting. MOTION by Strachan, second by Cordes approving the Joint Powers Agreement for Sale of Building for Public Library. APIF, MOTION CARRIED. b) Adopt Ordinance - HRA Board Composition At the September 20, 1999 Council Meeting, Council directed staff to prepare an ordinance amendment to change composition of the HRA board which would reduce the number of Councilmembers serving on the board from two to one. MOTION by Cordes, second by Soderberg adopting ORDINANCE 099-438 changing the composition of the HRA Board. APIF, MOTION CARRIED. c) Adopt Ordinance - Extending Adult Entertainment Use Moratorium The City Council approved an Interim Ordinance on May 3, 1999 that placed a moratorium on the establishment of any adult establishments for a period of six months. Staff recommended that the moratorium ordinance be extended an additional twelve months. The interim ordinance will expire November 3,2000. MOTION by Soderberg, second by Verch adopting ORDINANCE 099-439, extending the moratorium from six to eighteen months for the establishment of any adult use type business in the City of Farmington. APIF, MOTION CARRIED. d) Council Minute Clarification (9/7/99) Block 1, Lot 3 was inadvertently left out of the motion approving the issuance of Temporary Certificates of Occupancy for lots in East Farmington 5th Addition that abutted public streets that are not yet constructed. MOTION by Cordes, second by Strachan authorizing a Temporary Certificate of Occupancy for Block 1, Lot 3 in East Farmington 5th Addition with a signed waiver and a surety to be calculated by the City Engineer. Voting for: Ristow, Cordes, Strachan. Voting against: Soderberg, Verch. MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) 300 1st Street - Update Mr. Dave King received approval from the Planning Commission on June 8, 1999 to move an existing duplex on to the site. The conditions that deal with time frames commence once the structure is moved on to the site. Mr. King was not Council Minutes (Regular) October 18, 1999 Page 9 given a deadline by which he was required to move the new structure on to the property. Staff will continue to stay in contact with Mr. King and will keep Council informed. b) Akin Road - Traffic Control Concerns Staffhas contacted the County to determine if they would perform traffic studies along Akin Road in order to determine the need for stop signs. The County has indicated they do not have the staff available to perform these studies. Staffwill continue to work on traffic control with the County. Councilmember Strachan: Commended the Mayor and staff on the Public Hearing for CSAH 31. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 10:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~1?rL:V >>-7~ v Cynthia Mullet Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /b TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Set Public Hearing - Various Licenses and Permits DATE: November 1, 1999 INTRODUCTION A public hearing is required for the renewal of various licenses and permits for the year 2000. DISCUSSION Each year the following licenses expire December 31, and are required by ordinance, to be reviewed at a public hearing prior to renewal: On-Sale Liquor Licenses Sunday Liquor Licenses Club Licenses On-Sale Wine Licenses Therapeutic Massage Licenses ACTION REOUIRED Set a public hearing for 7:00 p.m., November 15, 1999, to review license renewal applications. Respectfully submitted, {~J~ 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 k TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Adopt Resolution Establishing New Election Precinct and Polling Places DATE: November 1, 1999 INTRODUCTION Population growth and the corresponding increase in the number of eligible voters in the northern section of Farmington, indicates the need for the establishment of a new election precinct. It is proposed that the current precinct 3, which is a different legislative district than precincts 1 and 2, be divided by CSAH 31, with voters on the west side remaining in precinct 3, and voters on the east side becoming part of new precinct number 4. DISCUSSION The 1998 General Election produced a record number of voters in the City of Farmington, with approximately 2500 registered voters in the third precinct. As the population continues to increase during the two years between the recent 1998 election and the 2000 election, this growth indicates a need for a fourth precinct. In accordance with State Statute, precinct boundaries cannot be revised in any year ending in 0, 1, or 2 which means if not done at this time, this precinct boundary could not be revised until 2003. There is a stipulation in the law that allows for the splitting of a precinct while retaining the same name, i.e. precinct 3a and 3b, however, the establishment of Precinct 4 would be much clearer to the voters. These changes must be made prior to December 31, 1999 and posted 60 days prior to the change. Adoption on November 1, 1999, meets those requirements. The proposed location of the Precinct 4 Polling place is the Bible Baptist Church, 19700 Akin Road. It is also recommended, because of the growing number of voters in precinct 2, that the polling place be changed from the Senior Center to the District Service Center, 510 Walnut Street. Both Farmington Schools and Bible Baptist Church have been contacted and tentatively approved the use of these facilities. Precinct 1 will continue to vote at the Senior Center, 431 3rd Street, and precinct 3 will continue to vote at Akin Road Elementary, 5231 195th Street West. Residents will be notified of these changes by mail, at the appropriate time prior to the 2000 election. I have enclosed maps of the present boundaries and the proposed boundary change. BUDGET IMPACT The costs for new voting machines, voting booths, additional judges and mailing costs are included in the 2000 election budget. ACTION REOUESTED Adopt the attached resolution establishing Precinct 4, and the proposed location of new polling places as presented. Respectfully submitted, J;l~ 3-~~ Karen Finstuen Administrative Services Manager RESOLUTION NO. R -99 ESTABLISHING PRECINCT NO 4 AND ESTABLISHING LOCATION OF POLLING PLACES Pursuant to due call and notice, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers if said City of the 1st day of November, 1999 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to 204B.14 boundary changes are established by the governing body of the municipality; and WHEREAS, precinct three is presently in Legislative District 37B and precincts one and two are in Legislative District 37 A; and WHEREAS, precincts must be arranged so that no precinct lies in more than one legislative or congressional district; and WHEREAS, precinct three has reached a number of voters which can no longer be managed in one precinct; and WHEREAS, precinct two has an increased numbers of voters which can no longer be accommodated at its present polling place location. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that a new precinct, Precinct Four, be established for those residents living east of CSAH 31, located in Legislative District 37B; and BE IT FURTHER RESOLVED that Polling Places be established at the following locations: Precinct One Precinct Two Precinct Three Precinct Four Farmington Senior Center, 431 Third Street District Service Center, 510 Walnut Street Akin Road Elementary, 5231 195th Street West Bible Baptist Church, 19700 Akin Road This resolution adopted by recorded vote of the Farmington City Council in open session on this 1 st day of November, 1999. Mayor Attested to this _ day of , 19_ City Administrator -' I-'J City of Farmington Voting Precinct Districts Existing III'; , OJ tJ L ._..P':.Il t ,t ,!I1l ..w , ~e. ~'~ . ~ -~ ~ , ~;a \\ " \'\ ~ ilrTJ:: <" ~ I I ~ f L, J;.~'W :..l!ii'_. I.~ ~ r=~ I III ,., @ ~ ~ iJ/\ .....",' H~ ~ ._ii . o r-- " '\i m, Pre III\OL .'37" .r ':lIr- T\J - ,r,&E ~ ~-ill ~ ~ r:;,7' ~~ ~Ii:l IT >- H ;;;r:;. ~ U // V ~ ~~ Ii\IIIlffillfilll n -l IlHtIsii IIlIl ., ~ I I ~ T ~. ~ rr ~.... M H l.1I I I.J I ~ L ) If~t m - P lci~t2 3r~ n ~ ~!: I Legend /\ / City Boundary D Precinct 1 c=J Precinct 2 [gI Precinct 3 EJk~ ~ 1/ II I <D ~ I U -1 hrTTlr N W*E s Crellled by City PI.nnlng DMslon, 7198 City of Farmington Voting Precinct Districts Propose.cL Precinct) 37.8 ~ \ , :IJ =:=J L A 'IIi In r:~~A <" ~ I i 15 ,+ - III - / / \\ ~ ~l ~-, ..~.>- ~~~ ILJ~ r ~: P~~i~t1 ~~ ~ _ " loJ~tJ ~ '1 ~ SJ . I I ..! r - ~ :=J., ~ % ~~ 1"..,- LJ ~ r:4 Ilal 1ffi1ll1ll\j/~ \\ '" lli M , ~ .x m ffi m III ~ r-- I 'K " ~ J-_./ ". m rn~ ~ III m ~ h rf - -.J ~ I --J ...... tJ lJ [: Sl ...... P 'V' r f~{ > '" III '--- P c~L~ !j7~ n i %( M " Legend (..'.:.. /..~ City Boundary .. . Precinct 1 N =r~! ~ l (D III II I- ~J u ~ l 1 rin Ir c=J Precinct 2 I~I Precinct 3 c=J Precinct 4 W+E s Created by City Planning Division. 10/99 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7d TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Appointment Recommendation - Police Officer DATE: November 1,1999 INTRODUCTION The recruitment and selection process for the appointment of a full-time Police Officer to fill a vacant position in the Police Department, Patrol Division has been completed. DISCUSSION After a thorough and comprehensive review of applicants for this position by the Police Department and Human Resources Office, an offer of employment has been made to Mr. James Constantine au, subject to ratification by the City Council. Mr. Constantineau is currently a police officer with the City ofMukwonago, Wisconsin, and has been with that department for the past six years. Mr. Constantineau also has experience as a water patrol officer and was a Police Emergency Dispatcher for two years. James brings a number of specialized technical skills to the department from his previous position, and will be a valuable asset to police operations. Mr. Constantineau has a Bachelor of Science Degree in Criminal Justice Administration, and is Post eligible to be licensed as Peace Officer in the State of Minnesota. BUDGET IMP ACT Funding for this position is authorized in the 1999 Budget. RECOMMENDATION Approve the appointment of Mr. James Constantineau as a full-time Police Officer effective November 22, 1999. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us le TO: Mayor and Councilmembers City Administrato~ FROM: David L. Olson Community Development Director SUBJECT: Release of Property from Development Contract DATE: November 1, 1999 INTRODUCTION One of the properties in the Westview Townhomes development is in the process of being sold. As part of the examination of the title for the property, it is being requested that the property be released from the obligations of the Development Contracts for this development. DISCUSSION Typically when individual lots are sold in new developments, title companies do not require a formal release of the Development Agreement for each lot. However recently with the re-sale of these properties, this type of request is being made on a more frequent basis. BUDGET IMPACT None ACTION REQUESTED Approve the attached Release of Development Contract for the Westview Townhome Subdivision. RELEASE RELEASE of Development Contract granted this day of the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"). , 1999, by WHEREAS, the City and the Developer, Westview Partners have entered into a Development Contract dated June 20, 1994, for the plat of Westview Townhomes, recorded with the Dakota County Recorder on July 20, 1994, as Document No. 1229829. WHEREAS, the City has been requested to grant a release and discharge Westview Partners from the Development Contract. WHEREAS, there is no present need to have the Development Contract recorded. NOW, THEREFORE, BE IT RESOLVED by the City of Farmington: 1. With the exception of levied and pending special assessments, if any, Westview Partners are released and discharged from the Development Contract for Westview Townhomes dated June 20, 1994, recorded July 20, 1994, as Document No. 1229829. Dated this _ day of ,1999. CITY OF FARMINGTON By: Gerald G. Ristow, Mayor By: John F. Erar, City Administrator 81921 1 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of 1999, by Gerald G. Ristow and John F. Erar, the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 JJJ/cjh 81921 2 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7-( TO: Mayor and Councilmembers City AdministratOlr'c9b FROM: David 1. Olson Community Development Director SUBJECT: 1999 Community Development Block Grant (CDBG) Agreement DATE: November 1, 1999 INTRODUCTION The Dakota County HRA recently provided the City with the Subgrantee Agreement for the 1999 CDBG application that was submitted earlier this year. DISCUSSION The Council authorized the submittal of the 1999 CDBG application in the amount of $53,987 in January of this year. The activities to be funded by this application were as follows: One half of the cost of salary and benefits for the Senior Center Coordinator $21,521 Redevelopment of the Elm Park Landfill north of City Center $32,466 The agreements provided by the Dakota County HRA are a requirement of HUD and they spell out the City's obligations associated with the expenditure ofthese funds. BUDGET IMP ACT Funding these activities with CDBG funds provides a benefit to the City's General Fund. ACTION REOUESTED Approve 1999 CDBG Sub grantee Agreement with the Dakota County HRA. RespectfullY~ . David 1. Olson - Community Development Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.falJllington.mn.us if TO: Mayor, Councilmembers, City Administrato~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Approve Assessment/Sewer Connection Agreement - CR 72 Project DATE: November 1, 1999 INTRODUCTION Dan and Darcy States, 3403 213th Street West (formerly County Road 72), have petitioned for connection to the recently installed sanitary sewer in 213th Street. DISCUSSION Due to the fact that the assessment hearing for the CR 72 project has not been held, it is necessary for the City and the States' to enter into an assessment agreement to allow the States' to connect their property to the sanitary sewer. Under the terms of the agreement, the States' agree to be assessed for the County Road 72 assessments and waive their rights to object to the assessments. The States' have signed the attached agreement and due to outstanding title issues at Dakota County, the previous property owners are included as signatories on the agreement as well. BUDGET IMPACT None. ACTION REQUESTED Acknowledge and approve the attached Assessment/Sewer Hookup Agreement between the City and Dan and Darcy States. Respectfully submitted, ~)n~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file / (Reserved for Recording Data) ASSESSMENT/SEWER CONNECTION AGREEMENT THIS AGREEMENT (the "Agreement") made this day of October, 1999, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") with offices at 325 Oak Street, Farmington, Minnesota, and Jerry J. and Elaine F. Schultz, husband and wife, "Sellers" and Daniel S. States and Darcy J. States, husband and wife, "Buyers" (collectively "Owners"). Recitals: Sellers and Buyers have recently entered into a Purchase Agreement for the sale and purchase of the real property located in Dakota County legally described on Exhibit "A" attached hereto and incorporated herein, also with the Parcel Identification Numbers of 140320003026 and 140320004026 and a street address of 3403 213th Street West, Farmington, MN 55024 ("Subject Property"). Sellers have provided Buyers with a Warranty Deed to the Subject Property, but Dakota County records do not yet reflect the sale of the Subject Property to Buyers and the Certificate of Title still shows title to the Subject Property in the name of the Sellers. The Subject Property shall be assessed costs, fees and charges associated with the reconstruction of 213th Street from Trunk Highway 3 to the easterly City limits ("Improvements") including the provision of sanitary sewer service to the subject property. The Owners have requested to be allowed to hook up to the City's sanitary sewer system prior to completion of the project and the final assessment hearing. Execution of this agreement allows the Owners to connect a service line for the subject property to the City provided sewer service at the property line. Actual construction of the connection cannot commence until a sewer connection permit is issued by the City. Final connection of the service line to the house and discharge of sewage to the City's sanitary sewer system may not occur until the sanitary sewer has been tested and City has provided the Owners with written notification to proceed with the final connection. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: The Subject Property shall be assessed by the City for the Assessments. The total Assessments shall be determined subsequent to construction of the Improvements. Payment of the Assessments shall be made over a period of fifteen (15) years, accruing interest at the rate of six and 5/10 percent (6.5%) per annum. The estimated assessment amount for the sanitary sewer is $6200. The final assessment amount will be determined subsequent to the completion of the improvements. In addition to the sanitary sewer improvement assessment amount, sanitary sewer hookup fees that need to be paid include the Metropolitan Council SAC fee - $1050, the City SAC fee - $350, and a sewer connection permit fee - $55. The hookup fees are typically paid at the time of sewer connection permit issuance, however, the hookup fees may be assessed if so desired by the Owners. Execution of this agreement by the Owners authorizes the City to assess the hookup fees against the Subject Property if the Owners do not wish to pay the hookup fees at the time of sewer connection permit issuance. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessments are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owner further waives any appeal rights otherwise available pursuant to M.S.A. ~ 429.081. CITY OF FARMINGTON: By: Gerald R. Ristow, Mayor By: John F. Erar, City Administrator/Clerk OWNERS: By: ~!e~ J~h~ By:_6f~",~ Jd~ Elaine F. Schultz - a~ By: Daniel S. States BY:~ Darcy J. at s STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of October, 1999, by GERALD R. RISTOW and by JOHN F. ERAR, respectfully the Mayor and City Administrator/Clerk of the CITY OF FARMINGTON, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this lEib.- day of October, 1999, by Jerry F. Schultz and Elaine F. Schultz, husband and wife. SUSAN J. MILLER NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIHES 1-31-00 . ~SUA~ fAl' c____} 'ftkJ Ii ~~ Notary Pubhc . STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ;</S-t- day of October, 1999, by Daniel S. States and Darcy J. States, husband and wife. s~ /Jcfl~/h/J Notary Public '- EXIDBIT "A" to ASSESSMENT/SEWER CONNECTION AGREEMENT DESCRIPTION OF THE SUBJECT PROPERTY That part of the Northwest Quarter (NW IA) of the Northwest Quarter (NW IA) of Section Thirty-two (32), Township One Hundred Fourteen (114), Range Nineteen (19), described as commencing at the Southwest corner of said Northwest Quarter (NW IA of the Northwest Quarter (NW IA), thence North 89 degrees 58 minutes 51 seconds East along the South line of said Northwest Quarter (NW IA) of the Northwest Quarter (NW IA) a distance of 420.55 feet to the point of beginning, thence North 00 degrees 05 minutes 31 seconds East parallel with the East line of said Northwest Quarter (NW IA) of the Northwest Quarter (NW IA) a distance of 197.42 feet to the North line of the South 5 acres of said Northwest Quarter (NW IA) of the Northwest Quarter (NW IA), thence North 89 degrees 58 minutes 51 seconds East along said North line 167.98 feet, thence South 00 degrees 06 minutes 19 seconds East 197.42 feet to the South line of said Northwest Quarter (NW IA) of the Northwest Quarter (NW IA) thence West along said South line 168.57 feet to the point of beginning, according to the Government Survey thereof. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7/G TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve VRWMO Joint Powers Agreement Amendment DATE: November I, 1999 INTRODUCTION Attached is a proposed amendment to the Vermillion River Watershed Management Organization Joint Powers Agreement. DISCUSSION The VRWMO Joint Powers Agreement expires January 1,2000. The agreement needs to be extended in order for the VRWMO to continue to exist. At the VRWMO meeting held on September 30, 1999, the member communities present discussed the possibility of extending the duration of the organization from January 1, 2000 to August 1, 2000. This extension will allow additional time for the member communities to review and produce a new Joint Powers Agreement. All member communities need to agree to the proposed amendment or the Joint Powers Agreement will expire on January I, 2000. If the current agreement expires without a new agreement in place, the VRWMO will cease to exist and Dakota County or a Board appointed by the Minnesota Board of Water & Soil Resources will come in and manage the watershed. At this time, it would appear to be in the best interests of the City to allow for further discussion, review and creation of a new Joint Powers Agreement; therefore, it is recommended that Farmington approve the extension to the Joint Powers Agreement. BUDGET IMPACT None. ACTION REOUESTED Approve the attached amendment to the Vermillion River Watershed Management Organization Joint Powers Agreement. Respectfully submitted, ~/Y(~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file I CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace (651) 452~5000 Fax (651) 452~5550 ttt Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron Dum Dial: (651) 234-6215 E-MailAddras:rknutsol(gk-law..com ~ Also licensed in \l"isconsin October 18, 1999 VERMILLION RIVER WMO MEMBER CITIES AND TOWNSHIPS TO: All Individual on the Attached Distribution Ust FROM: Roger N. Knutson Vermillion River WMO Attorney SUBJECT: extension of Vermillion Joint Powers Agreement Enclosed is a proposed amendment to the Vermillion River WMO Joint Powers Agreement. The amendment extends the duration of the organization from January 1, 2000 to August 1, 2000. This agreement was discussed at the September 30, 1999 meeting with the WMO Board, community representatives, and concemed citizens. The purpose of the short extension is to give all member communities an opportunity to fully review the joint powers arrangement and determine the direction they want to go in. Township Supervisors indicated they wanted to discuss the WMO and the March Annual Meetings. If the amendment meets with the approval of your governing bodies, please have it signed and returned to me as promptly as possible. If you have any questions, please call me. Regards, CAMPBELL KN SON Pro $Socia/ion RNK:srn Enclosures cc: Vermillion WMO Board Ed Matthiesen - Montgomery Watson Laura Jester - Dakota County SWCD Minnesota Board of Water & Soil Resources Suite 317 . Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 VERMILLION RIVER WATER MANAGEMENT ORGANIZATION MEMBER CITIES AND TOWNSHIPS DISTRIBUTION LIST GROUP A NEW MARKET TOWNSIIIP Albert Zweber, aerk CITY OF VERMILLION CASTLE ROCK TOWNSIIIP 23765 Texas Avenue Rachelle Kimmes, Clerk-Treas. Michelle Nicolai, Clerlc Lakeville, MN 55044 307 Dakota Street 23110 Biscayne Avenue Vermillion, MN 55085 Farmington, MN 55024 David R Frame, Chair 25826 Skyline Circle GROUP AAA Alyn Angus, Chair Elko, MN 55020 3026 - 22sth Street West CITY OF APPLE VALLEY Farmington, MN 55024 NININGER TOWNSIIIP MaIy Mueller, Clerk Judith Kropich, Clerk 12400 Cedar Avenue DOUGLAS TOWNSHIP 6725 - IS7th Street Apple Valley, MN 55124 Ralph Schweich, aerk Hastings, MN 55033 11581 - 240th Street East CITY OF BURNSVlLLE Hampton, MN 55031 Robert Rotty, Chair Susan Olesen, Clerk 7918 -lsOth Street East 100 Civic Center PaIkway Daniel Duncomb, Chair Hastings, MN 55033 Bumsville, MN 55337-3817 13300 - 2SOth Street East Cannon Falls, MN 55009 RA VENNA TOWNSIIIP CITY OF FARMINGTON Paula Peterson, Clerk John Erar, Administrator EMPIRE TOWNSHIP 18668 Portwood Way 325 Oak Street Floyd Herny, Clerk Hastings, MN 55033 Farmington, MN 55024 3680 - 194th Street West Farmington, MN 55024 Hank Tressel, Chair CITY OF HASTINGS 20240 Quenin Avenue East Joyce Pruitt, Clerk Gerald E. Stelzel, Chair Hastings, MN 55033 100 Sibley Street 18875 Chippendale Ave. West VERMILLION TOWNSIIIP Hastings, MN 55033-1224 Farmington, MN 55024 Faith Siebenaler, Clerk CITY OF LAKEVILLE EUREKA TOWNSHIP 19895 Inga Avenue Charlene Friedges, Clerk Cheryl Schindeldecker, Chair Hastings, MN 55033 20195 Holyoke Avenue West 26600 Ipava Avenue West Lakeville, MN 55044 Lakeville, MN 55044 Eugene Rotty, Chair 8720 - 160th Street East CITY OF ROSEMOUNT Oliver Leine, Clerk Hastings, MN 55033 Susan Walsh, Clerk 24498 Cedar Avenue 2875 - 145th Street West Farmington, MN 55024 GROUP AA Rosemount, MN 55068 HAMPTON TOWNSIIIP CITY OF COATES Judy Kimmes, aerk Marjorie Kamick, Clerk-Treas. 24195 Hogan Avenue 15660 Clayton Avenue Hampton, MN 55031 Rosemount, MN 55068-2056 Wilfred A Tix, Chair CITY OF ELKO 7719 - 260th Street Mary Ellen Flicek, aerk- Treas. Randolph, MN 55065 P.O. Box 58 Elko, MN 55020-0058 MARSHAN TOWNSHIP Marjory Snyder, aerk CITY OF HAMPTON 19980 Nicolai Avenue East Kristine Beck, aerk Hastings, MN 55033 P.O. Box 128 Hampton, MN 55031 Roger Fox, Chair 16950 Nicolai Avenue CITY OF NEW MARKET Hastings, MN 55033 Jan Seykora, Clerk-Treas. P.O. Box 58 New Market, MN 55054-0058 46632 SRN:rOS11999 THIRD AMENDMENT TO JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT COMMISSION FOR THE VERMILLION RIVER WATERSHED THE PARTIES TO THIS AGREEMENT are members of the Vermillion River Water Management Commission. This amendment is made pursuant to the authority conferred upon the parties by Minn. Stat. Sections 471.59 and 473.875, .e.t gg. 1. EXISTING AGREEMENT. The existing Joint Powers Agreement for the Vermillion River Water Management Commission, including the First and Second Amendments thereto, are incorporated herein and shall remain In full force and effect, except as specifically amended by this Agreement. 2. PARAGRAPH 11, SUBDIVISION 1 of the Joint Powers Agreement Is amended to provide: Each member agrees to be bound by the terms of this Agreement until August 1, 2000, and it may be continued thereafter upon the agreement of all the parties. 3. EFFECTIVE DATE. This Agreement shall be in full force and effect when all twenty-one (21) existing members approve and sign this Agreement. All members need not sign the same copy. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed In accordance with the authority of Minn. Stat. ~ 471.59. Approved by the Town Board , 19_. EMPIRE TOWNSHIP BY: Attest: 81797.01 RNK:I0/l.5199 1 Approved by the Town Board , 19 Approved by the Town Board , 19 Approved by the Town Board , 19 Approved by the Town Board , 19 Approved by the Town Board , 19 81797.01 RNK:I0/15199 MARSHAN TOWNSHIP BY: Attest: EUREKA TOWNSHIP BY: Attest: CASTLE ROCK TOWNSHIP BY: Attest: DOUGLAS TOWNSHIP BY: Attest: NININGER TOWNSHIP BY: Attest: 2 Approved by the Town Board , 19_0 Approved by the Town Board , 19 Approved by the Town Board , 19 Approved by the Town Board , 19 Approved by the City Council , 19 81797.ol RNK:I0/1S199 NEW MARKET TOWNSHIP BY: Attest: VERMILLION TOWNSHIP BY: Attest: HAMPTON TOWNSHIP BY: Attest: RAVENNA TOWNSHIP BY: Attest: CITY OF COATES BY: Attest: 3 Approved by the City Council , 19_. Approved by the City Council , 19 Approved by the City Council , 19_. Approved by the City Council , 19 Approved by the City Council , 19 81797.01 RNK: 1011 SI99 CITY OF ELKO BY: Attest: CITY OF HAMPTON BY: Attest: CITY OF VERMILLION BY: Attest: CITY OF NEW MARKET BY: Attest: CITY OF LAKEVILLE BY: Attest: 4 Approved by the City Council , 19 Approved by the City Council , 19 Approved by the City Council , 19_" Approved by the City Council , 19_" Approved by the City Council , 19_" 81797.01 RNK:I0/1SI99 CITY OF ROSEMOUNT BY: Attest: CITY OF APPLE VALLEY BY: Attest: CITY OF FARMINGTON BY: Attest: CITY OF HASTINGS BY: Attest: CITY OF BURNSVILLE BY: Attest: 5 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us // ' TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Adopt 2000-2004 Capital Improvement Plan DATE: November 1, 1999 INTRODUCTION At the recent Council Workshop held on October 20, 1999, Council reviewed the proposed 2000-2004 Capital Improvement Plan. DISCUSSION Pursuant to Council review and direction, no modifications to the proposed 2000-2004 Capital Improvement Plan (CIP) were requested. Consequently, the final document is in the process of being finalized for publication, and will be presented to Council at a later date. As discussed with Council, issues associated with facility planning are currently under review by the Public Facilities Task Force. For purposes relating to providing both the Task Force and Council full discretion in prioritizing these separate projects, each project was identified as a preliminary 2002 project subject to final Task Force recommendations and Council approval. At the appropriate time, these projects will then be modified to correspond with final Council direction relative to their anticipated year of construction. All other projects listed in the year 2000, upon fmal Council adoption, are subject to the CIP Project Development Plan and Authorization Schedule process. BUDGET IMPACT Planned expenditures are subject to individual review and approval by Council as noted in the CIP document. ACTION REQUESTED Adopt the 2000-2004 Capital Improvement Plan as previously presented and discussed at the Council Workshop. submitted, Cc: Wally Sapp, Facility Task Force Chair City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 0' TO: Mayor, Councilmembers, City Administrato~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: School and Conferences - Public Works Department DATE: November I, 1999 INTRODUCTION The Public Works Department is planning the attendance of staff at a specialized training course and attendance at the Minnesota Public Works Association Fall Conference. DISCUSSION Staff will be attending a concrete inspection certification course. This course is necessary to maintain the Department's standing in concrete inspection. This expertise is necessary for City inspectors to help insure that the City's concrete infrastructure meets the required standards during construction. The Minnesota Public Works Association (MPW A) is holding their fall conference November 17 - 19. Attendance at the MPW A conference is important for staff to keep current with public works issues. The annual MPW A fall conference offers various curricula that address a variety of public works issues. BUDGET IMPACT The 1999 Budget provides adequate funding for the school and conference. ACTION REQUESTED For information only. Respectfully submitted, ~)n~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file NOV-01-99 MON 05:09 PM SIENNA CORP FAX NO. + P. 02 _.J. .. .. SIENNA CORPORATION Suite 608 . 4940 Viking Drive' Minneapolis. WJnnesoto 55435 - 612-835~2808 FAX:612-835-7008 November I, 1999 Mr. David Olson Community Development Director City of Farmington 325 Oak Stre~t Farmington, MN 55024 Fax &: U.S. ~ 651-463-2591 Re: Application for Excavation & Grading! Conditional Use Permit (CUP) for East Farmington 7th Additi()n Deat' David: Based on our earlier communication, SiC.nna hereby wi~draws the abo~-e referenced Application. We have completed the reqUired grading for the East Fannington Sixth Addition and the filling oftempornry borrow areas in the future East Fm::rington Seventh Addition. While substantial am01.mts of additional material are needed to complete the final grading of the Seventh Addition we arc presc:ntlyworking With the City statIm provide a broader solution to the entire grading needs of the rest of the project. This C1J'P Application does not represent the options being discussed. . As we no longer need to draw any additional material beyond what is 3lre3dy permitted, we therefore request that you withdraw our application prior to the Cocncil Meeting on Monday, November I, 1999. Thank you for processing this request. I remain, Sincerely yours, 14~. Rodney D.Hardy Vice President RDHIkk Cc: Jim Sturm Planners. . Developers . Contractors .. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Council Members, City Administrator~ Lee Smick, AICP r1 0 Planning Coordinator ~ FROM: DATE: November 1, 1999 SUBJECT: East Farmington 6th & 7th Additions Conditional Use Permit/Grading Permit INTRODUCTION Sienna Corporation is seeking a Conditional Use/Grading Permit to extract additional materials out of the pond area in the 6th and 7th Additions. DISCUSSION The City Engineer approved the grading plan for the 6th Addition of East Farmington on August 6, 1999 that included a temporary borrow area within the ih Addition. This approval allowed Sienna Corporation to extract material from the proposed location, which is currently being mined in the 6th and 7th Additions of East Farmington. The material obtained from the borrow area is being utilized to raise the grade in the 6th Addition. Surety for the approved East Farmington 6th Addition grading plan was posted on June 2, 1999, therefore no additional surety is needed for the proposed Conditional Use/Grading Permit. The Developer seeks a Conditional Use/Grading Permit to further extract approximately 10 additional feet of material from the temporary pond shown on the approved grading plan. Therefore, the Developer is required to apply for a Conditional Use/Grading Permit to amend the approved grading plan. The Planning Commission recommended approval of the Conditional Use Permit on October 12, 1999. ACTION REQUESTED Approve the East Farmington 6th and ih Additions Conditional Use/Grading Permit contingent upon approval of the grading plan by the City Engineering Division. ~J~ Lee Smick, AICP Planning Coordinator cc: Rod Hardy, Sienna Development Jim Sturm, James R. Hill CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT Conditional Use Permit # Applicant Name: Sienna Corporation/East Farmington 6th and 7th Additions 1. PERMIT. Subject to the terms and conditions set forth herein, the City of Farmington hereby grants a conditional use permit for the following: Conditional Use Permit for Excavation, Grading and Mineral Extraction (Chapter 3 Section 22 of City Code) 2. PROPERTY. The permit is for the following described property ("subject property") in the City of Farmington, Dakota County, Minnesota: East Farmington 1 st Addition - Outlot Q 3. CONDITIONS. The permit is issued subject to the following conditions: 1. Approval for the permit is contingent on approval of the grading plan by the City Engineering Division. 4. TERMINATION OF PERMIT. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. LAPSE. If within one year of the issuance of this permit the allowed use has not been completed or the use commenced, this permit shall lapse. 6. CRIMINAL PENALTY. Both the owner and any occupant of the subject property are responsible for compliance with this conditional use permit. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: ,19_ CITY OF FARMINGTON BY: Gerald Ristow, Mayor (SEAL) AND: John F. Erar, City Administrator STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of , 19_ by Gerald Ristow, Mayor and by John F. Erar, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority by the City Council. Notary Public Drafted by: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 2 \ \ ---. '- \ \ I \ \. I '- '-- \ I \ I I I 1 I m mm 8 I (II .,. N I I I~ m I QI I \ / \ I I I l I / I / I / I ,/ / ,/ " / / I / I / I I I I / / / / I / / / >, / I / / I / I "- ~- " " " \. , -1- \ I ) -'- T 11154 8~~~. 894 898 .--- ..... '- ..... ~ I \ I I I I '- ..... '- 8 '89;>, '\ --- --- \ \ \ \. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /OCL TO: FROM: Mayor, Councilmembers, City Administrato~ Robin Roland, Finance Director SUBJECT: 1999 Distinguished Budget Award DATE: November 1, 1999 INTRODUCTION The City has been notified by the Government Finance Officers Association (GFOA), the national professional organization of chief financial officers, that the 1999 City Budget submittal has been awarded the Distinguished Budget Presentation Award for fiscal year 1999. DISCUSSION The Distinguished Budget Presentation Award recognizes excellence in budgeting in four major areas: as a Policy Document; as a Financial Plan; as an Operations Guide; and as a Communications Device. Proficiency in these four areas of budgetary management and reporting recognizes the City as one of a select few communities across the country that have been able to meet the strict, national standards set by GFOA in the area of budgetary reporting. The City Council and management team can take great pride and credit in producing a document that is recognized at a national level for excellence in financial management, reporting, planning and strategic vision. This award is another sign of the City Council and City Staff commitment to the ideals of financial accountability and responsibility to the taxpayers of the community. ACTION REQUIRED For information only. The award plaque will arrive in six weeks and will be displayed in the reception area of City Hall. Respectfully submitted, ~;dr/J Robin Roland Finance Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fallDin~on.mn.us //~ TO: Mayor, Councilmembers, City Administrato~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Adopt Ordinance - Seasonal Parking Restrictions DATE: November 1, 1999 INTRODUCTION At the October 4, 1999 City Council meeting, a workshop was scheduled for October 20, 1999, to discuss various parking issues in the City. As the City has grown significantly in the past few years, the operational difficulties associated with on-street parking, especially during snow emergencies, have increased. DISCUSSION The following information was presented at the workshop on October 20, 1999. As the City grows, it is imperative that City staff identifies operational issues that impact productivity and efficiency. In meeting the City's fiscal goals, it may not be possible to increase staff proportionately to the population and workload increase. More efficient ways of providing the same level of service need to be implemented. Accordingly, staff has identified the issue of on-street parking and its interference with snow plowing operations as an issue that needs to be addressed. Current Policy/Background Currently, City Ordinance in regards to on-street parking states the following: 9-1-9 PARKING LIMITATION: No person shall park a vehicle or permit it to stand on any street, highway, alley or public parking area within the corporate City limits for a period of time exceeding seventy two (72) consecutive hours. (5-16-83) 9-1-11 STREET MAINTENANCE: During snow removal operations or street maintenance operations of the City , no vehicle may be parked so as to obstruct or hinder the plowing or removal of snow and/or street maintenance operations. In the event that any vehicle is so parked as to interfere, obstruct or hinder said operations, any police officer of the City is authorized to provide for the moving or removal of said vehicle. (1- 6-92) Current practice of enforcement of these ordinances in snow removal situations require that vehicles be moved off of the street immediately following snowfall. Those vehicles that remain at the time of plowing are given a warning. Twenty-four hours later, vehicles that received a warning that still remain are ticketed. Twenty-four hours after ticketing, vehicles that still remain are towed at the expense of the owner. This particular process is inefficient and does not effectively keep vehicles from being parked on the street. While the vast majority of vehicle owners do move their vehicles after receipt of a warning, the plows have already come through, necessitating a second plowing operation to finish the job after a snowfall. In addition, some vehicles are invariably missed during the initial warning process, which requires another enforcement cycle. The City has looked at more extensive parking restrictions in the past. On August 5th, 1991, the City Council passed an Ordinance that established an odd - even parking system between November 1 and April 1 (see attached ordinance). The code was section 9-1-12 (C). Section 9-1-12 (C) was repealed by action of the Council on January 6, 1992 due to negative public response, in particular from the downtown area. Operational Issues On-street parking affects the City's snow plowing and to a lesser extent, other City street maintenance operations. After a snowfall, as City maintenance staff commences the snow plowing operations, they inevitably encounter vehicles parked in the street. The plow trucks must then go around the vehicles and come back later to complete the plowing operation, after the vehicles have been moved or towed, up to forty-eight hours later. As the City grows, the plow routes become longer and correspondingly, more vehicles parked on the streets are encountered during plowing operations. Consequently, overall snowplowing operations will take longer as a result of extended snowplowing and cleanup time frames. At some point in time, the amount of time necessary to complete plowing operations will increase to the extent that additional plow routes will need to be added. The issues involved with adding a plow route includes an additional plow truck (approximately $110,000 in current dollars), the space to house it, and the staff to operate it (approximately $45,000 per year with approximately $3000 - $4000 allocated to the plowing operation). The City has recently ordered three additional plow vehicles. These vehicles will be replacing current plow vehicles that will be taken off of plowing duty for various operating reasons. The City will not be adding additional plow routes upon the receipt of these trucks. In an ongoing effort to keep the number of plow routes constant for as long as possible, staff analyzed the efficiency of the City's plowing operation at the time these vehicles were ordered and determined that the new vehicles would be equipped with "wings". The wing is the side plow that allows the operator to plow a larger section of street in one pass and cut back the existing snow pile adjacent to the road to make room for subsequent snow events and enhance visibility. Currently, the City's motor grader and front-end loader are the only vehicles that have wings. On most streets, the utilization of the wing on a plow truck will cut in half the number passes necessary to clear the street of snow. With the new plow vehicles being equipped with wings, the time needed to plow the streets using those vehicles can be accomplished in significantly less time, thus increasing staff efficiency and delaying the need to add plow routes with the associated equipment and staff. However, the current situation where vehicles are parked on the street during plowing operations eliminates the efficiency that will be gained by having wings on the plows and consequently increases unnecessarily the amount of time needed to accomplish the overall snowplowing of the community. For example, as the plow truck approaches a vehicle parked on the street, not only does the operator have to drive around the vehicle to avoid it, but also raise the wing before the vehicle and lower it after the operator has passed the vehicle. This situation forces a second plowing operation and also can increase the time of the primary operation significantly due to the time it takes to raise and lower the wing at each parked vehicle. In addition, the potential is increased for vehicle and equipment damage to both private and public property. Unnecessary additional time needed for snowplowing increases the overall cost of the snowplowing operation, takes time away from other maintenance activities, increases fuel and maintenance requirements for the snowplowing equipment and shortens the life cycle of the snowplowing equipment. Proposed Ordinance Attached is a proposed ordinance that would set forth seasonal parking restrictions that address the issues outlined above as discussed at the Council workshop on October 20, 1999. The proposed ordinance stipulates a seasonal parking ban on all City streets from November 1 through April 15, from 2:00 am to 5:00 am or after a two-inch or greater snowfall until the streets are plowed curb to curb. Enforcement of this seasonal parking restriction during this period would be on-going, not just after a snow fall. At the beginning of each season, starting November 1 S\ there would be a period of two weeks where warnings would be issued. After that period, vehicles would be ticketed and towed. This ordinance would require on-going education each year since the proposed parking restrictions would be seasonal in nature. BUDGET IMPACT The direct costs involved with implementing this ordinance are related to educational efforts via written notice and other forms of communication and signage. The cost associated with communicating this proposed change would be approximately $300. Eight to ten signs would be placed on roads at the City limits at an estimated cost of $1000. The total estimated cost to implement the parking restrictions is approximately $1300. The costs would be funded out of the Road and Bridge Fund. ACTION REQUESTED Adopt the attached ordinance that establishes a seasonal parking ban on City streets between the hours of 2:00 and 5:00 am or after a two-inch or greater snowfall until the streets are plowed curb to curb. This ban would be effective between November 1 and April 15 of each calendar year. If adopted, the new ordinance would take effect in mid November, 1999. Once the ordinance is in effect, enforcement would begin with warnings issued for violations until January 1, 2000, after which time offending vehicles will be ticketed and towed. Respectfully submitted, ~)n~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, CHAPTER 1 OF THE FARMINGTON CITY CODE CONCERNING PARKING OF MOTOR VEHICLES ON CITY STREETS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 9-1-9 of the Farmington City Code is amended to read as follows: 9-1-9: PARKING LIMITATION: No person shall park a vehicle or permit it to stand upon any street, highway, alley or public parking within the corporate City limits for a period of time exceeding seventy two (72) consecutive hours. In addition, between November 1 and April 15 of each calendar year, no person shall park a vehicle or permit it to stand upon any street, highway or alley between the hours of 2:00 a.m. and 5:00 a.m. or after a two-inch or greater snowfall until the streets are plowed curb to curb. SECTION 2. Effective Date. This ordinance shall take effect immediately upon its passage and publication. ADOPTED this of Farmington. day of , 1999, by the City Council of the City CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: Approved as to form the day of ,1999. City Attorney Published in the Farmington Independent the day of ,1999. 80404 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us J~a, To: Mayor, Councilmembers, City Administrator~ From: James Bell, Parks and Recreation Director Subject: Request for Senior Center Funding - Townships Date: November 1, 1999 INTRODUCTION The Senior Center Advisory Board recently asked the Council to waive the additional non-resident membership fee at the Senior Center. In review of this issue, Council determined that non-resident fees were appropriate in the absence of any fmancial support from neighboring townships. Since that time, staff has received additional verbal requests from the Senior center Advisory Board to be forwarded to Council for reconsideration of this issue. DISCUSSION The Senior Center has adopted a membership fee for seniors in an attempt to gain more involvement in center activities. This minimal fee was intended to get more seniors active in specific programming at the center. Advantages to becoming a member of the center are as follows: . Monthly newsletter mailed to members. (301 total newsletters per month, 33 to other cities residents and 17 to Township residents). . Members receive the first choice of the day old bread that is donated to the center. . Members receive use of the embroidery machine. . Members are allowed access to the computers. . Members are allowed to display their crafts in the craft room and participate in craft shows without paying the 10% fee. . Members are allowed to make limited free copies. Staff would propose, with Council approval, a means for the Council to waive the Senior Center non-resident membership fees and remain consistent with other program fees, by requesting that the Townships provide funds to offset the costs related to these non-resident fees. Should the Townships submit funding to the City for this purpose, the need to charge non-resident membership fees could be modified. BUDGET IMPACT Request $250.00 each from the Empire, Castle Rock and Eureka Townships for non-resident membership fees. The funds would be designated to support Senior Center activities listed above. ACTION REQUESTED Direct staff to write a letter on behalf of the Council, requesting [mandaI support for the Senior Center from the surrounding Townships. Ifno response is received by December 13, 1999, staffwill continue to propose a non- resident membership fee in the City's fee schedule. Respectfully submitted, Jc~ lS~ James Bell Parks and Recreation Director Cc: Senior Center Advisory Board CEEF