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HomeMy WebLinkAbout05.17.99 Council Packet COUNCIL MEETING REGULAR May 17, 1999 6:30 P.M. CHAMBER/COUNCIL BUSINESS MEETING 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) Heritage Preservation Awards 6. CITIZEN COMMENTS (Open/or Audience Comments) a) Mr. Kevin Mahlstedt - Rambling River Ball Field Fencing Request 7. CONSENT AGENDA a) Approve Council Minutes (5/3/99) (Regular) and (4/24/99) (Special) b) CEEF Donation c) Capital Outlay - Parks and Recreation Department d) Approve Addendum Recycling Agreement e) Status Report - 300 pI Street f) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT a) Adopt Resolution - County Road 72 Project (Supplemental) b) Adopt Resolution - Prairie Creek Storm Sewer Upgrade (Supplemental) 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Charter Communications - Cable TV Rate Increase b) Adopt Resolution - Charleswood Development Contract 11. UNFINISHED BUSINESS a) Adopt Resolution - Downtown Streetscape/Sliplining Project b) State Hwy 3 Frontage Road and Willow Street Improvements - Authorize Use of Eminent Domain 2. NEW BUSINESS a) Adopt Ordinance - Interim Use Amendment b) Holiday Lighting and Decorations - Status Report Action Taken 13. COUNCIL ROUNDTABLE a) Survey Information - Fish House Storage b) MnDOT Notification - State Hwy 3 14. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us So-; TO: Mayor, Councilmembers, City Administrator~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Heritage Preservation Awards DATE: May 17, 1999 INTRODUCTION In recognition of National Preservation Week celebrated May 9-15, 1999, the Heritage Preservation Commission (HPC) would like to present three awards recognizing people who have "Protected the Irreplaceable" in Farmington. DISCUSSION Attached are copies of awards to be presented to the following: . Patricia Murphy for her work as a historian . Steve Krech for his collection of records and artifacts for Boy Scout Troop 118, and . The Tim Carr family in recognition of the preservation and restoration of the historic Daniel Akin house. HPC members Bev Marben and Cheryl Thelen will present the awards at the May 17, 1999 Council meeting. BUDGET IMP ACT There will be no impact on the 1999 budget. ACTION REQUESTED Join the HPC in recognizing these dedicated individuals for their part in heritage preservation. Respectfully submitted, l~~ Karen Finstuen Administrative Services Manager In 2{ecognition of Patricia JWurphB rw2-lf!:R6.5tS, historic preservation is an effective tool for managing gt'owth, revitalizing neighbor- hoods, fostering local pride and maintaining community charocter while enhancing livability; and, rw2lfDl6..9IS, historic preservation is relevant for communities everywhere and for people of all ages, all walks of li~, and all ethnic bockgrounds; and, rw2-lf!:ReJZlS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people. rw2-lf!:R6.5tS, "Protecting the J1'1'epku:fJlble" is the theme for !:National Preservation CWeek 1999, co- sponsored by the [fannington 2leritage Preservation Commission and the !:National 7mst for 2listoric Preservation. 7-2-lf!:Re[fO::R€, on behalf of the City Council and the City of [fannington, J, UWayor gerald ::Ristow, commend the dedicated efforts of Patricia JWurphB for bringing [fannington's gt'eatest historic treasure, its old newspapers, bock to the [fannington Library and financing their procurement on microfilm. Vtturphy was also instrumental in the formation and incorporation of the [fannington Jilrea 2listorical Society. Like [frank JWead, 301m emery, Clarence Carpenter, 30seph 2lerrick, 2larriet Clay and CJJenita 7Jevney bt/ore her, Patricia Vtturphy is our generation's link in the chain of historians whose work has benefited the community. In witness whereof, J have hereunto set my hand and caused the seal of the City of [fannington to be affixed this 17th day of UWay, 1999. Berald :Ristow, ~yor IJJate :in 2?.ecognition of the 'Um Carr 3amily CW2i€2?.€JlIS, historic preservation is an 4fective tool for managing growth, revitalizing neighbor- MOds, fostering weal pride and maintaining community character while enluuu:ing livability; and, CW2i€2?.€JlIS, historic preservation is relevant for communities everywhere and for people of all ages, all walks of li~, and all ethnic backgrounds; and, CW2i€2?.eJllS, it is important to celebrate the role of history in our lives and the contributions ttUU1e by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people. CW2i€2?.€JlIS, "Protec:ting the :Jrreplacwble" is the theme for !:National Preservation <Week 1999, co-sponsored by the ::Farmington 2leritage Preservation Commission and the !:National7rust for 2listoric Preservation. 7,2le:Re(JO::Re, on behalf of the City Council and the City of 3armington,:J, JWayor Eerald ;Ristow, commend the dedicated efforts of the 'Um Carr 3ami1y in the preservation and restoration of one of 3armington' s most historic homes - the (]Janiel ~in residence at 19185 ~in ::Road, 3armington, ~!:N. the Carr "iunily's restoration of the lwuse not only assured the historic structure would stand for another generation, but also created interest in the importance of "Protecting the :Jrreplacwble" pieces of our community's heritage. :In witness whereof, :J Iuroe hereunto set my hand and caused the seal of the City of 3armington to be affixed this 17th day ofJWay, 1999. Serald ~istow, <..Mayor mate In 2{ecognition of Steve ::Krech ~~a;JlS, hisroric preservation is an 4fective rool for managing growth, revitalizing neighbor- hoods, fostering local pride and maintaining community character while enhmu:ing livability; and, ~2lf2Ra;JlS, hisroric preservation is relevant for communities everywhere and for people of all ages, all walks of life, and all ethnic backgrounds; and, ~~a;JlS, it is important ro celebrate the role of hisrory in our lives and the contributions made by dedicated individuals in helping ro preserve the tangible aspects of the heritage that has shaped us as a people. ~2lf2R€J2L5, "Protecting the :Jrrepltuenble" is the theme for ~ational Preservation CWeek 1999, co-sponsored by the eJarmington 2leritage Preservation Commission and the ~ational 'Crust for 2lisroric Preservation. 7~€eJO::R€, on behalf of the City Council and the City of eJarmington, :J, JUayor Serald :Ristow, commend the ckdicated 4forts of Steve .1<rech r.Boy Scout leader and hisrorian for 7roop 118, the oldest troop (48 years) in eJarmington. 2lis comprehensive collection of records and arti"iuts for 7roop 118 celebrates the important role of boy scouting in eJarmington and the legacy of which our eJarmington scouts are a part. <.Atr. 51<rech has compiled a hisrory of all cub scout packs and boy scout troops in rnakota County as well. 2lis leader- ship and dedication ro scouting, and his preservation of scouting heritage, fosters pride among the youth and all associated with this organization. :In witness whereof, :J lurve hereunro sa my hand and caused the seal of the City of eJarmington ro be affixed this 17th day of JUay, 1999. Bet'ald :Ristow, UWayot' lJJate 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 Admnustrator ~ James Bell, Parks and Recreation Director FROM: SUBJECT: Kevin Mahlstedt - Rambling River Ballfield Request DATE: May 17, 1999 INTRODUCTION Mr. MaWstedt addressed the Council at the May 3, 1999 meeting regarding the addition offencing along the foul lines on field #3 at the Rambling River Fields. Councilmember Cordes requested that when researching this request, staff consider extending this fence past first and third bases. DISCUSSION Staff has reviewed Mr. Mahlstedt's request and concerns as to player safety on field #3. Field #3 at Rambling River Park was designed for slow pitch softball, not baseball and fast pitch softball. The close proximity of the NSP sub-station and the loss of foul balls into the sub-station was a concern to the architect during the design stage. The nature of slow pitch softball tends to have few foul balls, thus the need for screening and fencing was not necessmy. The Youth Baseball teams have been using the field for the past few years because of a lack of fields within the community. After consideration by the Parks and Recreation Commission, staff received quotations from various fencing companies for installation of 60 feet of six foot high fence along the foul lines on field #3. These quotes are: 1. FENC-CO. 2. Midwest Fence 3, Dakota Fence $ 1,560.00 $ 2,175.00 $ 2,595.00 The fence that was recently donated to the School District for their ballfields has twisted fabric and post tops that have the barbwire extensions. Although it could be modified for use on ballfields, the additional expense makes it impractical for use in the City application. BUDGET IMPACT The dollars for this fencing project will come from Park Improvement Funds. ACTION REQUESTED Recommend purchasing foul line fencing for field #3 at Rambling River Park from FENC-Co. Respectfully submitted, ~6~ James Bell Parks and Recreation Director cc: Mr. Kevin Mahlstedt 10- COUNCIL MINUTES REGULAR May 3, 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, Attorney Joel Jamnik, City Management Team 4. APPROVE A GENDA Item 7d was pulled for discussion. Item 10e was tabled until a later date. MOTION by Cordes, second by Strachan to approve the Agenda with the pulling of items 7d and lOe. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclamation - Historic Preservation Week b) Proclamation - Emergency Medical Services Week These proclamations were signed by Mayor Ristow. 6. CITIZEN COMMENTS a) Mr. Erling Kindem - Code Enforcement Complaint The information was received by Council and a copy sent to Mr. Kindem. Mr. Kevin Mahlstedt, 19347 Eureka Avenue, stated his son plays on the Farmington baseball team and they play at Rambling Park field 3. He asked if it was possible to install a fence across the back where the players sit on the benches on field 3 for protection from foul balls. His request will be referred to the Parks and Recreation Commission. 7. CONSENT AGENDA MOTION by Strachan, second by Verch to approve the Consent Agenda as follows: a) Approved Council Minutes (4/19/99) (Regular) b) Adopted RESOLUTION R48-99, setting bond sale 1999 improvement projects c) Adopted RESOLUTION R49-99, setting bond sale equipment certificates e) Approved 1999 Goal Setting Objectives f) Approved capital outlay - liquor store operations Council Minutes (Regular) May 3, 1999 Page 2 g) Approved capital outlay - Parks and Recreation Department h) Authorized settlement agreement - forfeited vehicle i) Received information on Nelson Hills Sth Addition Citizen Petition - Update j) Approved bills APIF, MOTION CARRIED. d) Council Review of Administrator Performance Councilmember Verch requested a special meeting to further discuss this item. It was discussed that Council had unanimously supported compensation adjustment issues for the Administrator at the recent Executive Session held to evaluate the Administrator. MOTION by Cordes, second by Soderberg to approve the Administrator's performance review as agreed upon previously. Voting for: Ristow, Cordes, Soderberg, Strachan. Voting against: Verch. MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 1998 Police Activity Report - Presentation Police Chief Siebenaler gave a presentation on police department activities for 1998. b) Amend Ordinance - Title 6 Operation of Motor Vehicles A request was made at the AprilS, 1999 City Council meeting to amend the City Ordinance 6-9-9 to include snowmobiles in the motor vehicle ban on lakes and ponds in the City. A draft amendment was prepared by the City Attorney for Council review. MOTION by Strachan, second by Cordes to adopt ORDINANCE 099-429, amending Title 6, Chapter 9 of the City Ordinance banning motor vehicles on lakes and ponds in the City. APIF, MOTION CARRIED. c) Citizen Communication - Recreation Facility Request A letter was received from a student requesting the City construct a recreational facility that would allow students to play basketball indoors without many of the rules that the school enforces. The Comprehensive Plan does contain a section which addresses a Recreational Facility/Aquatics Center. A response was sent to the resident and his request will be forwarded to the Parks and Recreation Commission. d) Citizen Communication - Light Poles on Akin Road A letter was received from a student requesting that light poles be installed along Akin Road. Akin Road is under the jurisdiction of Dakota County as it is currently a county road. In the future, when Akin Road is turned back to the City Council Minutes (Regular) May 3, 1999 Page 3 after the completion of the new alignment of CSAH 31, the City would have the ability to review this request. A response was sent to the resident. e) Request to Amend Comprehensive Plan and Request for Rezoning - Silver Springs This item was pulled from the agenda as requested by the developer's attorney. MOTION by Soderberg, second by Verch to refer the item back to the Planning Commission as requested by the developer's attorney. APIF, MOTION CARRIED. f) Adopt Resolution - Preliminary and Final Plat Charleswood 2nd Addition A total of 27 of the 54 lots shown in the 2nd Addition plat were part of the Council's Preliminary Plat approval on February 17, 1998 in the 1 st Addition. When the final plat for the 1 st Addition was approved, the 27 lots were removed because of changes in the housing market. The 27 lots originally approved at the preliminary plat level have now been included in the 2nd Addition. The developer proposes to increase the minimum front yard setback to 25 feet. The Planning Commission approved the preliminary and final plat on April 13, 1999 contingent on the resolution of landscaping requirements on the boulevard and revisions to utility easements shown on the plat. The developer has complied with the landscaping requirements and has met the easement requirements. MOTION by Soderberg, second by Verch to adopt RESOLUTION R50-99, approving the Charleswood 2nd Addition Preliminary and Final Plat contingent on the preparation and execution of the Development Contract and approval of the construction plans. APIF, MOTION CARRIED. g) Approve Planning Commission Appointment Interviews were held previous to the Council Meeting. MOTION by Cordes, second by Soderberg to nominate Tim Dougherty for appointment to the Planning Commission. Voting for: Ristow, Cordes, Soderberg, Verch. Abstaining: Strachan. MOTION CARRIED. h) Castle Rock Township - Revised Joint Powers Agreement A revised Joint Powers Agreement submitted by the Township, was reviewed by staff and the City Attorney. A number of significant changes were made to the Agreement by the Township including property tax and annexation issues. There has also been some deletion of fairly significant language relative to the words "jointly" and "equal." Councilmember Cordes discussed issues raised at the April 25, 1999 Ash Street Committee Meeting. MOTION by Soderberg, second by Cordes to stay with the original Joint Powers Agreement approved at the April 19, 1999 Council Meeting. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - TH3 and Willow Street Improvements Feasibility Report The improvements to the east frontage road along TH3 at Willow Street are proposed to address traffic and safety concerns at the intersection of the frontage Council Minutes (Regular) May 3, 1999 Page 4 road with the trunk highway. Two options for reconfiguring the frontage road intersection with TH3 were presented. Both options include acquiring land from Wausau Lumber and the adjacent property owner to the north, whose property is currently in Empire Township. The selection of the option will depend on the outcome of the on-going negotiations with the affected property owners. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R51-99 accepting the feasibility report, authorizing preparation of plans and specifications and calling for a public hearing for the Trunk Highway 3 and Willow Street east frontage road improvement project. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Adopt Interim Ordinance (Moratorium) Adult Uses The current City ordinance on adult uses applies to premises that are licensed to sell liquor. There are presently no ordinances regulating adult type uses in establishments that do not involve the sale of liquor. The City Attorney drafted an Interim Use Ordinance for a period of six months. During which time, staff will develop an ordinance and bring it back to Council. MOTION by Strachan, second by Soderberg to adopt ORDINANCE 099-430, establishing a moratorium for six months on the establishment of any adult use type business in the City of Farmington. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Councilmember Verch - Code Enforcement Issues Councilmember Verch mentioned several potential code violations that involved junk and parked cars, storage of fish houses and the status of completion of improvements to a residential garage. Regarding unlicensed vehicles and junk cars, no ordinance violation was observed. The City Code currently does not regulate the storage of fish houses. Building Inspection staff will be contacting the property owner to verify the status of the project and schedule any necessary inspections. Staff will research other cities regarding storage of fish houses and bring a survey back to Council. b) Councilmember Soderberg - 2nd Street Parking Discussion Council was given a map showing public parking areas within the core business district identifying unrestricted, restricted and no parking areas. It was determined for employees arriving for work between 2 a.m. - 5 a.m., there is umestricted parking in the Library parking lot. Councilmember Cordes: She thanked Dave Olson and Lee Mann for assisting a resident. Regarding Highway 3, where the turn lanes used to be to access the frontage road, some barricade poles are in and some are out, and she had observed a potential accident. She would like staff to contact the State to put up more poles. Regarding fences at the ballfield, that were discussed during Citizen Comments, she would like the fences extended to the first and third base lines. Council Minutes (Regular) May 3, 1999 Page 5 Councilmember Verch: The City Attorney was to contact the developer of Prairie Creek regarding a drainage problem. Attorney Jamnik stated there has been no response. Another letter was sent May 3, 1999, with a copy to the resident. Parks and Recreation Director Bell: At a previous meeting, Council approved donating a fence from the Frontier tower site to the Middle School. The East side of the fence was also removed and donated to the school. He was approached by the High School Principal to use the ice arena as a staging area for students for any potential bomb scares. Mayor Ristow: He received a letter from Representative Holberg, congratulating the City on the Tree City USA designation. Mr. Dale Pettet, 20155 Dunbar Avenue, regarding the ordinance prohibiting motor vehicles on lakes and ponds, he thanked Council for doing the right thing to protect the wildlife. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:30 p.m. APIF, MOTION CARRIED. Respectfully submitted, /? ,-,/ ,/ - ?-r7~ 7~-<./C..'fi: 4:V Cynthia Muller Executive Assistant GOAL SETTING WORKSHOP April 24, 1999 The meeting was called to order at 9:00 a.m. Members Present: Members Absent: Ristow, Soderberg, Verch Cordes, Strachan 1. Review of 1998 Accomplishments Workshops held in 1998, and accomplishments for 1998 were reviewed. Counci/member Cordes arrived at 9:25 a.m. A special meeting was scheduled for May 3, 1999 at 6:00 p.m. to interview applicants for a vacated seat on the Planning Commission. Council discussed a proposed sub-committee meeting with Castle Rock Town Board members regarding the Ash Street project. 2. 1999 Goals Proposed 1999 goals were discussed as follows: 1. Council supported exploring ownership of the Farmington branch ofthe Dakota County Library facility. The Idea School, which is in the same building, no longer has students from ISD 192. If the County were to take over the building, the City would require a written agreement. Staff was directed to negotiate a draft Facility Transfer Agreement. 2. Council was in favor of adopting a Council Policy on Council Workshop purposes and protocols. They considered setting workshops as needed on the 4th Monday at 7:00 p.m. Staff will develop a policy to be brought back to Council for their consideration. 3. Regarding Franchise Fees and User Fees, Council directed that Franchise fees may be pursued during normal Franchise Agreement renewal periods. No further action directed on a Street Light Utility in 1999. 4. Designate undeveloped MUSA for bow hunting to control the increasing deer population - Council directed staff to prepare a draft ordinance amendment. 5. Council agreed to establish a formal City Policy on annexation petitions. Further action will consist of preparing a draft document for review by the Planning Commission and City Council and a possible joint workshop. 6. Council was in favor of considering acquisition of property for the future construction of a new City Ballfield Complex as previously recommended by the Parks and Recreation Commission and also exploring abutting properties. 7. Regarding forming a City Task Force on facility planning needs for the year 2001, Council felt a need should be shown for a new facility, priorities should be set, and stakeholders should be brought into the process. The facility could include a Public Works facility, Park facility, Fire Station, and Police Department. The need for the facility was discussed during the visioning sessions held in 1998. It was agreed to start the process with staff prior to forming a Task Force. 8. Council agreed that staff should develop a proposed approach for City/HRA's efforts relative to Elm Street redevelopment, property acquisition and commercial/retail expansion. Staff should continue to pursue Elm Park cleanup. 9. Bringing the City within the Metropolitan Mass Transit Service Area was set as a low priority. No further action was necessary at this time, however, staff should monitor for future needs and plan accordingly. 10. Council decided not to consider actions relative to re-institution of the DARE program in ISD 192. 11. Council agreed to revising Township Fire Contracts to include additional factors in the charging formula to account for the appropriate costing of capital facilities and equipment acquisitions. 12. Regarding public communication issues, it was agreed to develop community programming in cooperation with the school district. It was suggested a Joint Powers Agreement be developed with Rosemount and Apple Valley to cover public programming. It was suggested an interim use ordinance regarding adult entertainment be enacted. Dave Olson will work with Joel Jamnik and bring back to Council at the May 3, 1999 meeting. Motion by Cordes, second by Soderberg to adjourn at 3: 15 p.m. 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 /b TO: Mayor, Councihnembers, City Administrator ~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: CEEF Donation DATE: May 17, 1999 INTRODUCTION CEEF is requesting an annual donation to defray costs for community activities and celebrations. DISCUSSIONS CEEF represents Castle Rock, Empire, Eureka and Farmington and is an organization of community volunteers dedicated to providing programs, services, and community celebrations. Members from the City of Farmington and the Townships are represented on CEEF along with volunteers from ISD 192, Dakota Fair Board, Farmington Youth Activities, Chamber of Commerce and the Farmington HPC. CEEF's mission is to provide a vehicle for communication and cooperation among the various volunteer organizations whose purpose is to promote and enhance our community. Yearly events are the Easter Egg Hunt, Halloween Walk and Mountain Dew Days. BUDGET IMPACT The 1999 budget includes an amount of $500 for Community activities. ACTION REQUESTED Approve the request from CEEF for an annual donation of$500.00 for community activities. Respectfully submitted, diu--~~ 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 Administrator~ James Bell, Parks and Recreation Director FROM: SUBJECT: Capital Outlay - Parks and Recreation Department DATE: May 17, 1999 INTRODUCTION The Parks and Recreation Commission ( P ARAC ) has reviewed the playground equipment needs for the park at Prairie Creek. DISCUSSION The P ARAC, staff and interested neighbors have determined the play equipment needed at the park in Prairie Creek. The Commission is recommending that the park structure and related equipment be purchased, The following quotations were received: Company 1. Earl F. Anderson 2. Koolmo Construction Play Structure / Related Eauipment $20,235.79 $24,750.00 Attached is a map locating the parks that P ARAC anticipates play equipment being placed in 1999. BUDGET IMPACT The budgeted dollars for the play equipment will come from Liquor Store profits and Park Improvement Funds as outlined in the 1999 Budget and C.I,P. ACTION REQUESTED For information only. Respectfully submitted, Jo.-- 6~ James Bell Parks and Recreation Director equippc Playground Equipment Improvements Park Locations N .~ lui( )/ " J ~~ l r~' M .~. 'III · o ,,~ - ~[~~~ L-~ r~~ T\~~ ~~ =~;y r-. 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RMwMllon Md PlIInning ~ion.. !5199 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ld' TO: Mayor, Councilmembers and City Administrator ~ FROM: James Bell, Parks & Recreation Director SUBJECT: Approve Addendum to Recycling Agreement with Dick'sILakeville Sanitation DATE: May 17, 1999 INTRODUCTION The City awarded the Agreement for Residential and Commercial Recycling services in' August of 1998. DISCUSSION The current rate schedule reflects a cost per unit. Under this schedule, customers with multiple containers are charged the same rate as customers with single containers. Because it is more cost effective to pick up multiple containers at a single location, a modified rate structure is being proposed. The addendum modifies the existing rate structure to provide lower rates for multiple containers users and a greater financial incentive for commercial customers to recycle. BUDGET IMPACT Recycling costs are passed on to the customers. RECOMMENDATION Approve the addendum to the Recycling Agreement with Dick'sILakeville Sanitation. Respectfully Submitted, r -:-:> rJ (] ~o-- b.~ James Bell " Parks & Recreation Director 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 City Administrator ~ David L. Olson Community Development Director FROM: SUBJECT: Status Report - 300 1 st Street DATE: May 17, 1999 INTRODUCTION The Council inquired about the status ofthe above property at the May 3, 1999 meeting. DISCUSSION Mr. Dave King is in the process of acquiring this property. Mr. King has submitted a partial application for a conditional use permit to allow him to move a duplex on to the property once the existing structure has been removed. It is anticipated that the remaining information will be received shortly and this item can be scheduled for a public hearing at the Planning Commission in June. The Council previously indicated to Mr. King that he had until June 30, 1999 to abate the existing condition of the property. The Council indicated that it would initiate the necessary legal action to allow the City to demolish the structure if its condition was not abated by this date. BUDGET IMPACT Unknown at this time. ACTION REQUESTED For information only. Respectfully submitted, DaVId L. Olson Community Development Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farm.n~on.mn.us TO: Mayor & Councilmembers FROM: John. F. Erar, City Administrator SUBJECT: Supplemental Agenda DATE: May 17, 1999 It is requested that the May 17, 1999 agenda be amended as follows: AWARD OF CONTRACT 9a Adopt Resolution - County Road 72 Project Attached is bid information for the County Road 72 reconstruction project. 9b Adopt Resolution - Prairie Creek Storm Sewer Upgrade Attached is bid information for the Prairie Creek Storm Sewer Upgrade. ~~~ John F. Erar City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Award Contract - County Road 72 Project DATE: May 17, 1999 INTRODUCTION Bids were received for the County Road 72 reconstruction project on Thursday, May 13, 1999. DISCUSSION Arcon Construction Company Inc. has submitted the low bid in the amount of $721,725.70. The total estimated project cost including contingencies and legal, engineering and administrative costs, is $1,010,000. The estimated project cost in the feasibility report was $1,475,000. At the May 4, 1999 Dakota County Board of Commissioners meeting, the County Board approved the tumback of County Road 72 with the associated tumback payment to the City of Farmington. BUDGET IMPACT The total estimated project cost for the County Road 72 reconstruction, including contingencies and legal, engineering and administrative costs, is $1,010,000. Dakota County will be funding a portion of the costs of the improvements as part of the turnback agreement with the City. The remaining costs will be funded through the City funding mechanisms as outlined in previous communications to Council. ACTION REQUESTED Adopt the attached resolution accepting the base bid of Arcon Construction Company Inc, and awarding the contract. Respectfully submitted, ~)U~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -99 AWARD BIDS FOR PROJECT NO. 99-08 COUNTY ROAD 72 RECONSTRUCTION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of May, 1999 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the County Road 72 project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Total Base Bid Arcon Construction Company, Inc. ...............$721,725.70 Northdale Construction Co. Inc. ....................$768,991.15 Redstone Construction.................................. .$771 ,502.56 BH Heselton Co. ............................................$775,349.19 Minger Construction Inc. ...............................$791,393.25 ; and, WHEREAS, it appears the firm of Arcon Construction Company, Inc. is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The base bid of Arcon Construction Inc., a Minnesota corporation, for $721,725.70 is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of May 1999. Attested to the 17th day of May, 1999. Mayor SEAL City Administrator j fI j Bonestroo ~ Rosene ill Anderlik & 1 \J 1 Associates Engineers & Architects Bonestroo. Rosene. Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto G. Bonestroo. PE. . Joseph C. Anderlik, PE. . Marvin lo Sorvala. PE. . Glenn R, Cook. PE. . Robert G. Schunicht, PE. . Jerry A, Bourdon, PE. . Robert W. Rosene. PE.. Richard E. Turner. PE. and Susan M, Eberlin, C.PA., Senior Consultants Associate Principals: Howard A. Sanford, PE. . Keith A. Gordon, RE, . Robert R. Pfefferle, PE. . Richard W. Foster, PE. . David O. loskota, PE, . Robert C. Russek. A.I.A. . Mark A. Hanson, PE. . Michael T. Rautmann, PE. . Ted K.Field, P,E. . Kenneth P Anderson. PE. . Mark R. Rolfs, PE. . Sidney P Williamson. PE.. loS. . Robert F. Kotsmith . Agnes M. Ring. AI/an Rick Schmidt. PE. Offices: St. Paul. Rochester. Willmar and St. Cloud. MN . Milwaukee. WI Website: www.bonestroo.com May 14, 1999 Honorable Mayor and City Council City of Farmington 325 Oak St Farmington, MN 55024-1358 Re: City of Farmington County Road 72 Reconstruct BRA File No. 141-98-800 Honorable Mayor and City Council: Bids were opened for the project stated above on May 13, 1999. Transmitted herewith are ten (10) copies ofthe bid tabulation for your information and file. Copies will also be distributed to each bidder. There were a total of9 bids. The following summarizes the results of the low 5 bids received. Low #2 #3 #4 #5 Contractor Arcon Construction, Inc. Northdale Construction Co., Inc. Redstone Construction B H Heselton Company Minger Construction, Inc. Bid Amount $721,725.70 $768,991.15 $771,502.56 $775,349.19 $791,393.25 The low bidder on the project was Arcon Construction, Inc. with a base bid of $721,725.70. These bids have been reviewed and found in order. Therefore, we recommend that the project be awarded to Arcon Construction, Inc. for the base bid amount of $721,725.70. Should you have any questions, please feel free to contact me. My direct dial phone number is (651) 604- 4843. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~--.J2~ Glenn R Cook Enclosures GRC:jms \\~~J;\Q~~I~i\Wf~8~~~~eljt:l~tdp"aUI, MN 55113 . 651-636-4600 · Fax: 651-636-1311 t; '" ~ <:: '" .~ '" ;s 1;; :S ~ 'e \I) u :>, .Q ~ \I) .c: ci Z ~ u: u .E (/J c: 8 \I) cr: N ..... '0 III o cr: c: :J o II a; E III Z U Q) "e- o.. ci Z U Q) "e- o.. o ~ ~ : g Q) ~~ ~ Q} c ~.'u :g c:QJ'tlSl< o 0 c: "" '" al~c(c( ~ ~C~! u .5 c:: ,2 t> 2 iij c:: o "'ll ci ... 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Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Award Contract - Prairie Creek Storm Sewer Upgrade Project DATE: May 17, 1999 INTRODUCTION Bids were received for the Prairie Creek Storm Sewer Upgrade project on Thursday, May 13, 1999. DISCUSSION Redstone Construction Company Inc. has submitted the low bid in the amount of $409,933.28. Based on the bid, the estimated project cost including contingency and legal, engineering and administrative costs, is $570,000. The estimated project cost based on the feasibility report was $570,000. BUDGET IMPACT The estimated $570,000 project cost will be funded from the Storm Water fund. The fund balance in the Storm Water fund is sufficient to underwrite the cost of these improvements and the City will not need to bond for the improvements. The Storm Water fund is composed of funds collected from Storm Water Utility charges and Storm Water Area charges. The Storm Water utility was instituted to fund maintenance and construction of storm sewers. The costs for the proposed improvements to the outlet for Pond A V-P1.8 are included in the City's Surface Water Management Plan and therefore are funded through the Storm Water Area charges. Due to the nature of the circumstances that have necessitated this project, staff will continue to explore all cost recovery options. ACTION REQUESTED Adopt the attached resolution accepting the base bid of Redstone Construction Company Inc. and awarding the contract. Respectfully submitted, ~)11~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -99 AWARD BIDS FOR PROJECT NO. 99-10 PRAIRIE CREEK STORM SEWER UPGRADE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of May, 1999 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the Prairie Creek Storm Sewer Upgrade project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Total Base Bid Redstone Construction Co., Inc. ....................$409,933.28 Arcon Construction....................................... .$428,524.31 GL Contracting ...... ...................................... ..$438, 134.81 Barbarossa & Sons, Inc.................................$439,285.25 BH Heselton Company ..................................$479,706.80 ; and, WHEREAS, it appears the firm of Redstone Construction is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The base bid of Redstone Construction, a Minnesota corporation, for $409,933.28 is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of May 1999. Attested to the 17th day of May, 1999. Mayor SEAL City Administrator .:r.J0.~;I!!:-".1..-::.{.J;:t:ii0':iIIJ,,:'0tlla!~~.':....a.-'...~W;{~s.~._~'iiilil1~""-A=J:'__.IC...~....,..tC:M~llli~ May 17, 1999 Honorable Mayor and City Council City of Farmington 325 Oak St Farmington, MN 55024-1358 Re: City of Farmington Prairie Creek Storm Sewer Reconstruction BRA File No. 141-98-813 Honorable Mayor and City Council: Bids were opened for the project stated above on May 13, 1999. Transmitted herewith are ten (10) copies of the bid tabulation for your information and file. Copies will also be distributed to each bidder. There were a total of 6 bids. The following summarizes the results of the low 5 bids received. Low #2 #3 #4 #5 Contractor Redstone Construction Arcon Construction, Inc. G L Contracting, Inc. Barbarossa & Sons, Inc. B H Heselton Company Bid Anwunt $409,933.28 $428,524.31 $438,134.81 $439,285.25 $479,706.80 The low bidder on the project was Redstone Construction with a base bid of $409,933.28. These bids have been reviewed and found in order. Therefore, we recommend that the project be awarded to Redstone Construction for the base bid amount oJ$409,933.28. Should you have any questions, please feel free to contact me. My direct dial phone number is (651) 604- 4843. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R Cook Enclosures GRC:jms K:\141 \ 141-98-813\word\clientbidtabltr.doc BONESTROO ROSENE ANDERLIK 1i1 6516361311 05/17/99 15:55 ISl :01/06 NO:517 ~ = fd \'l In l~ ~ ~ a. u ". ~ J! u J z .l!1 Ii c 0 G 6 III J ... ~ "l b ~ Vi ~ CJ CI ~ U ~ .. 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DISCUSSION Relative to this notice, Mr. Roeder, System Manager for Charter Communications, has been invited to attend the May 17, 1999 Council meeting to answer any questions Council may have regarding this rate notice. Mr. Roeder has included information regarding the company's justification supporting the cable rate increase (attached). In terms of municipal rate regulatory powers, the City has been advised that Charter Communications has the authority under federal law to raise rates under a prescribed rate calculation formula. As such, the City has very limited regulatory oversight as it applies to cable rate increases. ACTION REQUESTED Please review the attached correspondence from Charter Communications regarding the proposed rate increases. Cc: Rob Roeder, Charter Communications, 16900 Cedar Avenue So., Rosemount, MN 55068 - ~M~bM.r,ter A WIRED WORLD COMPANY q.M~bM.r,ter q.M~bM.r,ter A WIRED WORLD COMPANY A WIRED WORLD COMPANY q.M~bM.r,ter A WIRED WORLD COMPANY Mr. John Erar, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 Sent via overnight express April 28, 1999 Dear Mr. Erar, Effective June 1, 1999 Charter Communications will be implementing a rate adjustment for customers in the City of Farmington. The following table reflects the changes to rates; Service Broadcast Basic Cable Showcase Nonaddressable Converter Addressable Converter Basic/Addressable Remote To $11.15 $23.75 $1.80 $3.55 $.38 From $10.49 $22.46 $1 .43 $3.25 $.18 ";harter Communication's new rate structure meets federal price guidelines and remains consistent with regulations established by the Federal Communications Commission, as well as the terms of our franchise agreement with the City of Farmington. All of the new rates were calculated using FCC Forms 1240, 1235, and, for the equipment portion, FCC Form1205. As competition in telecommunications grows, we at Charter Communications understand how important it is to offer our customers the best possible service at the best possible price. However like every business in town we are faced with increased operating costs, which make this adjustment necessary. In light of the competitive environment, we have reduced the adjustment percentage from prior years. This year's adjustment for Basic and Showcase service is 5.9% versus 8.9% in 1998 (excluding the increase for new channels as a result of the rebuild). The 1999 reduction is in direct contrast to the unprecedented increases we have seen in the cost of the programming we carry. Included with this letter is a list of our responses to frequently asked questions regarding the rate adjustment. We hope this information will assist you in responding to inquiries from your residents. As always, I am available to assist you in any way. Please contact me at (612) 432-2575 EXT. 3014. Respectfully, ftlZL ob Roeder oystem Manager Charter Communiq3tions Charter Communications Frequently Asked Questions Why did my rate go up? There are several factors for the rate adjustment. The foremost reason is the increased cost that Charter Communications pays for the channels that we carry. Each cable service has a specific cost that we pay for the ability to provide their channel, and we have seen increases of 12% to 100% in many of the channels we carry. We tried very hard to limit the amount of the rate adjustment, but the soaring cost of channels has had an effect on our ability to maintain rates. Which channels cost you more? The channels that have demanded a higher rate have primarily been those services that carry sports programming, or channels that are attempting to offer original shows. Most professional and college sports require broadcasters to pay a fee for the right to show games. These rights fees have escalated into the billions of dollars, and unfortunately, the high price leads to higher channel costs for all cable companies. Cable channels, who have made the business decision to develop their own shows, have also increased their cost to us due to the higher cost of producing new shows. Our customers may benefit from the sports, and new and original shows, but we feel that it is equally important for these channels to be cautious in amount of cost they are passing onto the cable companies and customers. Why can't I just pay for the channels I want to watch? Cable companies have always prided themselves on providing more choice for the customer. Unfortunately, the channels that we carry are not willing to allow us the choice of offering their channel either individually or as a smaller package of channels. Virtually all of the channels we carry have a contract that specifically does not allow us the opportunity to sell their service in any level other than our Expanded Basic service. They require that the channel be available to over 80% of our customers. Their reason for this is simply because they feel they will lose advertising revenue because a lower number of cable customers would be watching. Your company is taking advantage of rate deregulation? It is true that some of the rate regulations have been lifted. We are still regulated on the Basic level of service and our equipment charges are regulated. The Expanded Basic (or Cable Showcase level) rate regulation was lifted in April of 1999. Charter Communications decided to develop our June 1 rate adjustment as if all of our rates continued to be regulated. So, our rate adjustment is still based on the formula the federal government put into place in the mid 1990's. Due to the high number of channels we carry, we are still priced far below what is allowable by the rate formula set up by the federal government. Your rates keep getting higher each year? All cable companies have become more conscious of the impact rate adjustments have on our customers. In comparison to rate adjustments performed in 1996, 1997, and 1998 when rates moved up each year at an average of 8%, our Basic and Showcase adjustment this year is 5.6%. We realize that this is greater than the rate of inflation, but the inflation index does not take into effect the higher costs we are paying for cable channels. Why did my remote control monthly charge go from 18 cents to 38 cents? Remote controls are considered equipment and are still regulated by the formulas set- up by the Federal Communications Commission. In 1997 we charged 51 cents per month for our remote controls. In 1998, we made a business decision to switch from renting remotes to reselling remotes. After reviewing this decision we decided to reoffer the renting of remotes. At 38 cents per month this rate is still lower than previous years, and the remote now has multi-function capabilities. Our customers may decide to purchase their own remote, and we are technically capable of supporting most brands. Why did the monthly cost for my set-top go up? The price for converters is regulated by the formulas set-up by the Federal Communications Commission. Among the different items that make up this price are our costs to purchase, maintain, and repair the advanced analog set-top converter. Over the past few years these costs have escalated. Our rate remains very comparable or even lower than other operators in the area. Why can't I receive the channel? Currently, we are testing digital cable television service which will allow customers to receive an even greater number of channels. Initially, the new channels will consist of additional screens of Premium channels such as; 9 new HBO screens, 9 new Showtime screens, 6 new Cinemax screens, 3 new The Movie Channel screens, and the addition of 20 new Starz and Encore services. We will also be offering 30 channels of Pay Per View and 40 channels of digital music. The price of the service will be an $8.95 digital set-top charge, additional digital outlets will be $6.95. Any premium service that a customer receives now will allow them to receive the additional screens of that service for the digital set-top charge. They will also receive the digital music channels and an on-screen interactive TV Guide for no additional charge. We expect this service to be available in June of 1999. Although we are not initially launching any new digital basic channels, we are analyzing what new channels are available and anticipate adding new digital basic services in the next 6 to 12 months. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /06 TO: Mayor and Councilmembers City Administrator ~ FROM: David L. Olson Community Development Director SUBJECT: Charleswood 2nd Addition Development Contract DATE: May 17, 1999 INTRODUCTION The Development Contract for Charleswood 2nd Addition has been drafted in accordance with the approval and conditions placed on the approval of the Preliminary and Final Plat. DISCUSSION The Charleswood 2nd Addition Development Contract requires the following conditions to be agreed upon: . The Developer enters into the Development Contract; and · The Developer provides the necessary security in accordance with the terms of the Contract; and · The Developer complete all required improvements in accordance with plans approved by the City Engineer. The Planning Commission recommended approval of the Char1eswood 2nd Addition Preliminary and Final Plat on April 13, 1999. The City Council approved the preliminary and Final Plat on May 3, 1999 subject to preparation and execution of a Development Contract and approval of the construction plans. The City Attorney has reviewed and approved the Development Contract for the Charleswood 2nd Addition. BUDGET IMPACT None ACTION REQUESTED Approve the execution of the Development Contract and adopt the attached resolution authorizing its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully submitted, ~ David L. Olson Community Development Director cc: Steven Juetten, Genstar RESOLUTION NO. R APPROVING DEVELOPMENT CONTRACT CHARLESWOOD 2ND ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 17th day of May, 1999 at 7:00 P.M. The following members were present: The following members were absent: seconded the following resolution: Member introduced and Member WHEREAS, pursuant to Resolution No. R50-99, the City Council approved the Preliminary and Final Plat of Charleswood 2nd Addition subject to conditions. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the day of ,199 . Gerald Ristow, Mayor Attested to this _ day of , 199_ SEAL John F. Erar, City Administrator .' DEVELOPMENT CONTRACT AGREEMENT dated this day of , 19 , by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Astra Genstar Partnership, L.L.P., a Limited Liability Partnership (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for CHARLESWOOD 2ND ADDITION (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: That part of Outlot B, CHARLESWOOD, according to the recorded plat thereof, Dakota County, Minnesota, lying northerly and westerly of a line described as follows: Commencing at the northwest comer of said Outlot B, CHARLES WOOD; thence South 00 degrees 07 minutes 43 seconds East, assumed bearing, along the west line of said Outlot B, a distance of 386.32 feet to the actual point of beginning of the line to be described; thence North 89 degrees 52 minutes 17 seconds East a distance of240.75 feet; thence North 70 degrees 31 minutes 01 seconds East, a distance of 75.00 feet; thence South 19 degrees 28 minutes 59 seconds East, a distance of 135.00 feet; thence South 70 degrees 31 minutes 01 seconds West, a distance of 17.03 feet; thence South 19 degrees 28 minutes 59 seconds East, a distance of 60.00 feet; thence South 22 degrees 58 minutes 53 seconds East, a distance of 143,23 feet; thence North 66 degrees 09 minutes 06 seconds East, a distance of 181.39 feet; thence North 59 degrees 25 minutes 26 seconds East, a distance of 60.00 feet; thence North 30 degrees 34 minutes 34 seconds West, a distance of 47.36 feet; thence North 59 degrees 25 minutes 26 seconds East, a distance of 135.00 feet; thence South 30 degrees 34 minutes 34 seconds East, a distance of 75.00 feet; thence South 33 degrees 09 minutes 20 seconds East, a distance of 68.80 feet; thence south 40 degrees 40 minutes 00 seconds East, a distance of 27.89 feet; thence North 48 degrees 27 minutes 19 seconds East, a distance of 134.59 feet; thence southeasterly, along a non-tangential curve, concave to the northeast, having a central angle of 03 degrees 28 minutes 13 seconds, a radius of280.00 feet, for an arc length of 16.96 feet, the chord of said curve bears South 43 degrees 16 minutes 47 seconds East; thence North 44 degrees 27 minutes 17 seconds East, not tangent to the last described curve, a distance of 322.46 feet; thence North 40 degrees 57 minutes 43 seconds East, a distance of 268.31 feet; thence South 45 degrees 24 minutes 37 seconds East, a distance of 195.02 feet; thence North 44 degrees 35 minutes 23 seconds East, a distance of 32.22 feet; thence South 45 degrees 24 minutes 37 seconds East, a distance of 162.12 feet; thence North 37 degrees 06 minutes 40 seconds East, a distance of 104.60 feet; thence North 29 degrees 24 minutes 59 seconds East, a distance of 381.53 feet; thence North 09 degrees 20 minutes 47 seconds West, a distance of 140.36 feet; thence North 31 degrees 01 minutes 39 seconds West, a distance of 133.38 feet; thence North 45 degrees 32 minutes 56 seconds West, a distance of 163.11 feet to the most easterly comer of Lot 9, Block 6, said CHARLESWOOD, and said line there terminating. 1 2. Conditions of Approval. The City hereby approves the plat on the condition that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement. 3. Development Plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - ZoninglDevelopment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. 4. Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet ofthe plat shall be included. 5. Zoninl!lDevelopment Map. The Developer shall provide an 8 112" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments I. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or 2 part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will digitize the data. All costs associated with digitizing the data will be the responsibility of the developer. 7. Time of Performance. The Developer shall install all required public improvements by July 1, 2001. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership ofImprovements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradinl! Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. 3 The Developer is responsible for a $ 400.00 Erosion and Sediment Control fee based upon the number of lots in the plat, plus inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $998.00 based upon the number of acres in the plat. 12. Landscapine. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving, construction of public improvements or other development shall be done in any subsequent phase until a fmal plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been fmal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of $ 95,221.00 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights othelWise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Charee. The Developer shall pay a water area charge of$ 31,899.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights othelWise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 26,730.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights othelWise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 4 19. Sanitary Sewer Trunk Area Charee. The Developer shall pay a sanitary sewer trunk area charge of$ 30,334.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall pay a park dedication fee of $ 41,586.00 in satisfaction of the City's park dedication requirements for the plat. The Developer shall furnish the City with an irrevocable letter of credit acceptable to the City Administrator, from a bank (security) for the Park Dedication Fee of$ 41,586.00. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. It is understood that the Developer will dedicate land and construct improvements in a future phase and that the above letter of credit may be reduced or released as part of a subsequent development contract. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. CSAH 31 Improvements and Sealcoatine of Subdivision Streets. The improvement of County State Aid Highway 31 is hereby agreed by the parties to confer special benefit to the Charleswood 2nd Addition Plat. The City shall assess the lots created by the plat in accordance with the City's local improvement policy based on the final project costs. The assessments are currently estimated at $2314.00 per acre. Based on the acreage platted, the current total estimated assessments are $45,284.98. The final assessed amounts will be adjusted as necessary based on the final project costs. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The Developer, and any successors or assigns, waives any procedural or substantive objection to the assessments for the construction of CSAH 31, including any claim that the assessment exceeds the benefit to the property. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $3,294.00 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 1,350.00 based upon the number of lots within the subdivision. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for rue training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 932,043. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the 5 letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: GradinglErosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 218,750 $ 118,750 $ 131,250 $ 93,750 $ 237,500 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 13,500 $ 31,250 $ 15,000 $ 5,000 $ n/a Two Years Principal and Interest on Assessments $ 67,293 This breakdown is for historical reference; it is not a restriction on the use of the security. 27. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in fulL Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 31. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. 6 C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of erosion control devices, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The City has determined through the preparation of an Environmental Assessment Worksheet that an Environmental Impact Statement for the project is not required. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. 1. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. 7 L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24 hour basis such as dewatering, etc. Any deviation from the above hours are subject to approval of the City Engineer. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30. 32. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Mr. Peter Gualtieri Genstar Land Company Midwest 11000 West 78th Street Suite 201 Eden Prairie, MN 55344 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: John F. Erar, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 8 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: John F. Erar, City Administrator DEVELOPER: Astra Genstar Partnership L.L.P. By: Genstar Land Company Midwest Its: Managing General Partner By: Its: Vice President Peter Gualtieri Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651)463-7111 9 STATE OF MINNESOTA) (55. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 19 ~ by Gerald Ristow, Mayor, and by John F. Erar, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 19_ by Peter Gualtieri, the Vice President of Genstar Land Company Midwest, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 10 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 1/6 TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: STH 3 and Willow Street Frontage Road Improvements - Use of Eminent Domain DATE: May 17, 1999 INTRODUCTION At the May 3, 1999 City Council meeting, the Council accepted the feasibility report, authorized plans and specifications and called for a public hearing for the Trunk Highway 3 and Willow Street east frontage road improvement project. DISCUSSION The frontage road project will require that the City acquire right-of-way from two adjacent property owners, Wausau Lumber and Neil Perkins. Staff is currently in process of negotiating with both property owners to acquire the needed right-of-way. In order to allow that the right-of-way can be acquired in the time frame necessary to commence construction of this project this construction season, it is recommended that the Council authorize staff to initiate eminent domain proceedings. It is desirable to negotiate the right-of-way acquisition with the respective property owners, thus making the use of the City's power of eminent domain unnecessary. However, if negotiations become protracted and the City has not initiated eminent domain proceedings, it will be too late to acquire the right-of-way to allow the improvements to be constructed this year. BUDGET IMPACT None at this time. ACTION REOUESTED Adopt the attached resolution authorizing staff to commence with eminent domain proceedings Respectfully submitted, ;Lm~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Proposed RESOLUTION NO. R -99 AUTHORIZING CONDEMNATION OF PROPERTY FOR PUBLIC USES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of May, 1999 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City Council of the City of Farmington does hereby determine that it is necessary and for a public use and purpose to acquire the property interests as identified and described by the City as the Trunk Highway 3 and Willow Street East Frontage Road Improvement Project, Project 99-02, as amended and modified from time to time; and WHEREAS, the City Council finds that the construction schedule and seasonal construction conditions make it necessary to acquire title to, and possession of, the subject property as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner; NOW THEREFORE, BE IT RESOLVED that: 1. The City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statute Chapter 117 to acquire the property interests necessary to proceed with City Project 99-02. 2. The City Attorney is authorized to acquire the necessary property interests pursuant to the "quick take" provisions of Minnesota Statute S 117.042. 3. The Mayor and City Clerk are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 ih day of May, 1999. Attested to the 17th day of May, 1999. Mayor City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /o1a.., TO: Mayor and Council Members, City Administrator ~ Michael Schultz, Associate Planner [)f FROM: SUBJECT: Amend Title 10, Chapter 8 - Interim Use Permits DATE: May 17, 1999 INTRODUCTION The proposed amendment to the City Code would provide the City with an additional zoning tool that allows temporary use of a property until a particular identifiable date, the occurrence of a particular event or when the zoning regulations no longer permit that use. DISCUSSION The interim use ordinance will provide the City an alternative to the existing permitted and conditional uses within the zoning code. An initial interim use permit application will serve as the precedence to become a text amendment under that particular zoning district if approved by the Board of Adjustment and the City Council. Any other applicant could apply for an interim use under that zoning district that was amended. If a proposed interim use meets all five (5) requirements under section "A" of the proposed ordinance the Planning Commission can approve the permit based on any subject contingencies, including length of time, as to be date specific, of the- use. The ordinance amendment will also result in each interim use application requiring a text amendment to the Zoning Ordinance; which would allow for future applications for similar interim uses in that particular zoning district. The Council does have the option in the future to strike any interim uses from the zoning code as deemed necessary, such action may result in any existing interim use to become a non-conforming use. Staff presented the interim use ordinance to the Planning Commission on April 27, 1999 and again on May 10, 1999. After clarification from the City Attorney was given on the language and the process of the ordinance, the Commission forwarded a unanimous recommendation to approve the interim use ordinance. BUDGET IMPACT There will be no budget impact. ACTION REOUESTED Adopt the attached ordinance amendment to Title 10, Chapter 8: Interim Use Ordinance of the Farmington City Code. Michael Schultz Associate Planner City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmineton.mn.us TO: City Planning Commission Lee Smick, AICP f)P Planning Coordinator FROM: SUBJECT: Amend Title 10, Chapter 8 - Interim Use Permits DATE: May 11, 1999 INTRODUCTION The amendment is proposed to provide the allowance of a temporary use of a property until a particular date, the occurrence of a particular event or the zoning regulations no longer permit it. DISCUSSION City staff presented a draft of the interim use ordinance to the Planning Commission on April 27, 1999. During the presentation, the Planning Commission desired clarification from the City Attorney on two items located in Section IO-8-5A (1) and (1-5). The Planning Commission's first question pertained to Section 10-8-5A (1) concerning the statement" the use conforms to the zoning regulations." Upon approval of the interim use ordinance in Title 10, Chapter 8 by both the Planning Commission and City Council, each interim use permit application will require a text amendment to the Zoning Code. As applications for interim uses are approved in various zoning districts, the Zoning Code will be amended to reflect the new use. Therefore, if the proposed interim use "conforms to the zoning regulations" under the interim use category for that particular zone, the use may be approved if it meets the remaining requirements in Section IO-8-5A (1-5). For instance, as shown in the attached ordinances from the City of Plymouth, interim uses for single-family detached dwellings are listed as agriculture, nurseries, tree farms, stables etc. and in the convenience commercial district, landfilling and land excavation are considered interim uses. It is critical that the Planning Commission and City Council understand that when an application for an interim use is approved, the new use is incorporated into the City Code as a text amendment. Each newly approved interim use may set precedence for similar uses to be allowed as an interim use within a district. However, staff recommends that each interim use application be studied carefully to make certain how the proposed interim use might affect a particular zoning district in the future. The second question dealt with Section IO-8-5A (1-5). The Planning Commission requested clarification on the granting of an interim use. Upon discussions with the City Attorney, it has '1 been clarified that all five of the requirements in this section must be met in order for the interim use to be approved. Upon clarification of these two items, staff recommends the approval of the interim use ordinance. REQUESTED ACTION Approve the amendment to Title 10, Chapter 8 of the Farmington City Code and forward the recommendation to the City Council. {;2S~ Lee Smick, AICP Planning Coordinator ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY J MINNESOTA AN ORDINANCE AMENDING TITLE 10, CHAPrER 8, OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING ORDINANCE, CONCERNING INTERIM USE PERMITS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: ~1]ON 1. Title 10, Chapter 8 of the Farmington City Code is amended by adding a new Section lQ-S-SA to read as follows: l0-8-SA: INTERIM USES: The Board of Adjustment shall have the power to authorize an interim use for the purpose of allowing a temporary use of property until a particular date, until the ocCUlTence of a particular event or until zoning regulations no longer pennit It. (A) The Board of Adjustment may grant permission and set conditions for an interim use of property if: 1. the use conforms to the zoning regulations, petfonnance standards and other requirements; 2. the use meets the standards of a conditional use pennit set forth in Section 10-8-5 of the City Code; 3. the date or event that will terminate the use can be identified with certainty; 4. the use will not impose additional costs on the public If it is necessaty for the public to take the property in the future; and S. the use will be subjected' to, by agreement with the owner. any conditions that the City bas deemed appropriate for pennission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the Interim use and any Interim stnlCtures upon the expiration of the interim use pennit. (B) Termination: An interim use permit shall tenninate upon the occurrence of any of the following events, whichever occurs first: 1. the date state in the pennit, or 71715 2. a violation of conditions under which the pennit was issued; or 3. a change in the City's zoning regulations which renders the use nonconforming as provided in Section 10-8-9; or 4. redevelopment of the use and property upon which it is located to a pennitt~ or conditional use as allowed within the respective zoning districts. (C) Application, Public Hearing, Notice: The application, public hearing. and public notice requirements for interim use permits before the Board of Adjustments shall be the sBIIle as those for zoning amendments as provided for in Section 10-8-5 of the City Code. (0) Appeal: Upon appeal of a decision by the Board of Adjustment, the Zoning Officer shall set a public hearing. transmit the application directly to the City Councll and mail a notice to the Board of Adjustment and property owners adjacent to the subject property disregarding public rights of way. The City Council shall. within sixty (60) days of the public hearing, decide to affmn or overturn the decision of the Board of Adjustment with a four-fifths (4/5) vote of the City Council. SECTION 2. This ordinance shall be effective immediately upon its passage. ADOPTED this _ day of Fannington. . 19_. by the City Councll of the City of CITY OF FARMINGTON By: , Gerald Ristow. Mayor ATTEST: 71715 -2- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IC?/; TO: Mayor, Councilmembers, City Administrator~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Holiday Lighting - Downtown DATE: May 17, 1999 INTRODUCTION The Street and Utility Division has indicated that the Holiday Lighting used in the Downtown is in poor operating condition and considered unsafe relative to electrical conduit. DISCUSSION Holiday lighting decorations have been stored and installed by the Street and Utility Division for the past 25 years. The decorations were initially purchased by downtown businesses in approximately 1973. In the late 1980's they were traded for new, updated decorations and have been used each year since that time. The Chamber of Commerce, with gambling funds or donations, paid the difference in cost for the updated decorations. According to the City Attorney, the use of public funds for the purchase of new or replacement decorations is generally discouraged when associated with any overt symbols of Christianity or Judaism, or any other specific religious belief system. Messages like Season's Greetings or Happy Holidays are fine, but Merry Christmas or Happy Hanukkah banners, signs, etc. should not be chosen. In light of the fact that the City has not directly participated in purchasing holiday decorations, it would be appropriate to refer this issue to an outside community group. BUDGET IMP ACT The 1999 budget does not include funds for the replacement of Holiday Lighting Decorations. ACTION REOUESTED Council approval to refer this issue to the Chamber of Commerce. ~lY~ Karen Finstuen Administrative Services Manager Cc: Chamber of Commerce City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /.3~ TO: Mayor and Councilmembers City Administrator W FROM: David L. Olson Community Development Director SUBJECT: Survey Information - Fish House Storage DATE: May 17, 1999 INTRODUCTION This issue was discussed during Council Roundtable at the May 3, 1999 Council meeting. Staff indicated that a survey would be done of other area cities to determine if and how they regulate the storage offish houses. The following is a summary of this survey. DISCUSSION The Cities of Apple Valley and Rosemount treat fish houses the same as accessory buildings or storage sheds. This requires that they not be stored in the front yard and also meet certain side yard setbacks. The City of Bumsville treats fish houses the same way they handle campers and RV's which are regulated rather extensively relative to where and how long they can be stored on a residential property. The City of Eagan does not have a code that addresses fish house storage and has only had one instance of storage of a fish house in a front yard or driveway. If it is the desire of the Council to regulate the storage of fish houses, it would appear that the most reasonable way to do so would be to include them in the definition of an accessory building which would require that they be stored in the rear yard. This would also limit the size to a maximum of 120 square feet. BUDGET IMPACT None ACTION REOUESTED If it is the consensus of the Council to regulate the storage of fish houses, it should direct staff to prepare the necessary ordinance amendment. ~ff David L. Olson Community Development Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us /3/:; TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: MnDOT Notification - State Trunk Highway 3 DATE: May 17, 1999 INTRODUCTION At the May 3, 1999 City Council meeting, the issue of motorists driving over the easterly median from the easterly frontage road north of Budget Mart to access Trunk Highway 3 was brought to staff for review. Since this is a safety issue, Council directed staff to contact MnDOT to inform them of the situation and request a resolution to the problem. DISCUSSION Staff has contacted MnDOT and MnDOT staff has indicated that they would be willing to meet with City staff to discuss possible solutions to the problem in the next week or two. Staffwill keep the Council updated on this issue. BUDGET IMPACT None at this time. ACTION REQUESTED For information only. Respectfully submitted, ~/h~ Lee M. Mann, P.E. Director of Public Works/City EngiIleer cc: file