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HomeMy WebLinkAbout05.03.99 Council Packet COUNCIL MEETING REGULAR May 3, 1999 6:00 P.M. INTERVIEW PLANNING COMMISSION APPLICANTS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) Proclamation - Historic Preservation Week b) Proclamation - Emergency Medical Services Week 6. CITIZEN COMMENTS (Open for Audience Comments) a) Mr. Erling Kindem - Code Enforcement Complaint 7. CONSENT AGENDA a) Approve Council Minutes (4/19/99) (Regular) b) Adopt Resolution - Set Bond Sale 1999 Improvement Projects c) Adopt Resolution - Set Bond Sale Equipment Certificates d) Council Review of Administrator Performance e) Approve 1999 Goal Setting Objectives f) Capital Outlay - Liquor Store Operations g) Capital Outlay - Parks and Recreation Department h) Authorize Settlement Agreement - Forfeited Vehicle i) Nelson Hills 5th Addition Citizen Petition - Update j) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 1998 Police Activity Report - Presentation b) Amend Ordinance - Title 6 Operation of Motor Vehicles c) Citizen Communication - Recreation Facility Request d) Citizen Communication - Light Poles on Akin Road e) Request to Amend Comprehensive Plan and Request for Rezoning- Silver Springs f) Adopt Resolution - Preliminary and Final Plat Charleswood 2nd Addition g) Approve Planning Commission Appointment h) Castle Rock Township - Revised Joint Powers Agreement Action Taken 11. UNFINISHED BUSINESS a) Adopt Resolution - TH3 and Willow Street Improvements Feasibility Report 12. NEW BUSINESS a) Adopt Interim Ordinance (Moratorium) Adult Uses 13. COUNCIL ROUNDTABLE a) Councilmember Verch - Code Enforcement Issues b) Councilmember Soderberg - 2nd Street Parking Discussion 14. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers, City Administrato~ Karen Finstuen, Administrative Services Manager FROM: SUBJECT: Appointment to Vacated Planning Commission Seat DATE: May 3, 1999 INTRODUCTION A special Council Meeting to interview three candidates for the vacated Planning Commission seat has been scheduled for May 3, 1999, at 6:00 p.m. The interviews will be conducted in the main City Hall Conference Room. DISCUSSION Enclosed are copies of applications and a listing of interview times for candidates interested in the vacated Planning Commission seat. A fourth applicant was not available for an interview on this date and asked to be considered again next year. 6:05 p.m. Craig Cardinal 6: 15 p.m. Benjamin Barker 6:25 p.m. Tim Dougherty The term for this appointment is 5/3/99 - 1/31/00. ACTION REOUIRED Indicate proposed appointment to vacated Planning Commission seat, to be ratified at the May 3, 1999 regular Council meeting, item 109). Respectfully submitted, ~.U:~ g~~<;~ ?..J Karen Finstuen Administrative Service Manager CITY OF FAR."\HNGTON ~~: OS- P (Y\. APPLICATION FOR BOARD OR COMMISSION APPOINTMENT . Name r~ r 0.: 13 C o...r d I hell Address /f)~t,/ C~#a..JOC)d' C;~'" ~ Employed By ~'tf4"-f-O rAU' Date of Application ~ho/? '1 tpJd-.-3'1'J.. - 3J.,5~ uJ Daytime Phone # 4/00 - f(~Z5 tf Board or Commission you wish to serve on PI ann "J:j COtnrnl55/0'l1 Qualifications (C over pertinent educational background, employment positions and other experience on com11uttees, boards, cOI!1JI'lissions and church organizations. etc.) /""/..... 7'''';. L 0 "'..; ,J;c '11 4</ ,,01 Cl/,fj'" . /,,?~ J:;,.. oJ , ~_r~J eKA,'/4,." /f: ~ ~7 ~ "",Y C~4y...-/{~A.,..,.o./). State briefly, your reasons for seeking an appointment to this board or commission "7::' ~d .4 ~-<L 4cr"'~ g 4 /N T~ /t--~",f . ~...Q,/ ~r"- ~ ~ k_A.~ ;) yC ~At"_""/ ~ ~et~r./ 5 ~,-,<"",?4,.}. gA.-A) ~ ~'J€.g /,v 4~,( ~UY' ~I) ~~ ..Jc.ew ~ ~~UAf~f) ~ 6~/~ 't ~ J;u~/' f d A?r~ J;-, ~ ~L ..:z-- C':--e/ ~J_'/ %,_...~ ,..; #-,<4- ~~ .:Z;:;- ~rrJ:r:' References (list any references you wish that would be familiar with your qualifications for the position). ,-,r;:~v€. ..;;. 4""'L L vd,,,,, ~ eJ.rn:J ~N"" btJ.~~ Signature e. _ L:'t "'G / ~~r t:~;-e Date uh" /99 HPR-22-1999 15:17 MN BOARD AELSLAGID 651 297 5310 P.02/02 ro: J5 ~(Y\. CITY OF FARMINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENTS Name; Benjamin Barker Date of Application: April 22, 1999 Address: 18711 Easton Avenue Daytime Phone #; (651) 296.2379 Q60 - 34 f g Employed By: Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design Board or Commission yon wish to serve on: City Planning Commission Qualifications: I received my Bachelor of Arts degree from the University of Minnesota, and I have a strong interest in government, at all levels. I currently work as the investigator for the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design. This job requires me to interpret and enforce the statutes, rules, and policies in order to protect the public's health, safety, and welfare. This job entails working closely with twenty-one Board members on a daily basis_ Outside of my job as an investigator, I'm the treasurer of District 6 Hockey Referee Association. This Board of eight writes and implements the rules of the association. The association is made up of about 130 hockey officials who elect the Board members. Being a part of a board requires teamwork, patience, and at times assertiveness. State briefly, your reasons for seeking an appointment to this board or commission: I am seeking an appointment to the City Planning Commission because this position allows me to be a part of city govermnent at the beginning stages of planning. It would give me an opportunity to help shape the city as it continues to grow. This position also interests me because I have extensive experience at both the federal and state levels of government, and I am interested in expanding my knowledge of city government Being appointed to the City Planning Commission would allow me to be more involved in the future of the City of Farmington, as well as helping me gain experience in local government. References: Doreen Frost (651) 296-2388 Robin Brown (651) 297-4017 Signature: ~.~ Date: ~O/', TOTAL P.02 04/15/99 THU 15:37 FAX 612 4632591 CITY OF FARMINGTON ~001 (PI, d--5 P, r1\, CITY OF F A&'IINGTON APPLICATIOl'l FOR BOARD OR COMMISSION APPOINTh1ENT N~e Tim Dougherty Date of Application 4/22/99 Address 517 Spruce Street, Farminqton Daytime Phone # 61 2 - 8 54- 2 7 3 8 '/f;3 - 356 7. Employed By . Teamsters Local 2000 Board or Commission you wish to serve on P I ann i ng Comm is s i on Qualifications (Cover pertinent educationai background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) My full-time position is a Business Agent for Teamsters Local 2000. My responsibilities are to investigate, process, and file grievances on behalf of the members. I conduct monthly membership meetings, write quarterly newsletters, and maintain and promote involvement in our union. State briefly, your reasons for seeking an appoinunent to this board or commission I spent most of my childhood in Rosemount and my wife was raised in Farminaton. My family and I have lived in Farmington for three and . a half years. We have two children and are planning to raise them in this community. I am interested in our small community and the develoDments it will be makina now and in the future. References (list any references you wish that would be familiar with your qualifications for the position). Dennis Gramentz 651-460-6307 --:--- S. I - 19nature o'. .-r-- ,~ _:::>.~/~ . Date L) /.:):J J 7 "'T . I City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us $(2.. TO: Mayor, Councilmembers, City Administrator~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Proclamation - Historic Preservation Week DATE: May 3,1999 INTRODUCTION Historic Preservation Week is May 9-15, 1999. DISCUSSION Historic Preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability. "Protecting the Irreplaceable" is the theme for National Preservation week 1999 and is being cosponsored by the Farmington Heritage Preservation Commission. ACTION REQUESTED Adopt the attached Proclamation designating the week of May 9-15, 1999, as Preservation Week. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager HISTORIC PRESERVATION WEEK PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and, WHEREAS, historic preservation is relevant for communities everywhere and for people of all ages, all walks of life, and all ethnic backgrounds; and, WHEREAS, 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; and, WHEREAS, "Protecting the Irreplaceable" is the theme for National Preservation Week 1999, cosponsored by the Farmington Heritage Preservation Commission and the National Trust for Historic Preservation. NOW, THEREFORE, I, Gerald Ristow, Mayor of the City of Farmington, do hereby proclaim May 9-15, 1999, as Preservation Week, and call upon the people of Farmington to join their fellow citizens across the United States in recognizing and participating in this special observance. Gerald Ristow, Mayor 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 Administrator9~ FROM: David L. Olson Community Development Director SUBJECT: Mr. Erling Kindem - Code Enforcement Complaints DATE: May 3, 1999 INTRODUCTION Mr. Kindem addressed the Council at the April 19, 1999 meeting regarding his concerns of suspected code violations at 1009 2nd Street. The following is a summary of the actions taken by the City. DISCUSSION The City has been active in the enforcement of City Ordinances as they pertain to this property. The Police Department staff has responded to junk vehicle complaints involving this property approximately nine times in the last two years. The property owner was issued tickets on at least six occasions in responses to these complaints. The tickets were paid by the property owner and the violations that were the basis of the tickets being issued were abated at least temporarily. Code Enforcement staff has also responded to complaints involving junk, debris, and the placement of accessory buildings on the property at least three different times in the last two years. In two of these instances, the property was cleared of the junk or debris so as to be in compliance with City ordinances. Compliance with the most recent complaint regarding accessory building requirements and junk is still pending. Unfortunately this has been a situation where violations of City Ordinance continue to occur regardless of enforcement actions taken by the City. This issue has been discussed with the City Attorney and it has been determined that the City may need to look at more severe types of enforcement actions than in the past which may result in formal complaints being filed with the District Court. Staff will continue to keep Council apprised of the status of this situation. BUDGET IMPACT The costs associated with the filing of formal complaints will need to be assessed on a case-by-case basis. ACTION REQUESTED For information only. Respectfully submitted, ~v~~ David L. Olson Community Development Director cc: Mr. Erling Kindem . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 56 TO: Mayor, Councilmembers, City Administrator~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Proclamation - Emergency Medical Services Week DATE: May 3, 1999 INTRODUCTION Emergency Medical Services week is May 16-22, 1999. DISCUSSION Emergency medical services are a vital public service and members of these medical teams engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills. Therefore, it is appropriate to recognize the value and accomplishments of emergency medical service providers. ACTION REOUESTED Adopt the attached Proclamation designating the week of May 16-22, 1999, as Emergency Medical Services week. Respectfully submitted, )!Cha~ ,;?~ Karen Finstuen Administrative Services Manager EMERGENCY MEDICAL SERVICES WEEK PROCLAMATION WHEREAS, emergency medical services are a vital public service; and, WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need, 24 hours a day, seven days a week; and, WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and, WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system; and, WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and, WHEREAS, approximately two-thirds of all emergency medical services providers are volunteers; and, WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and, WHEREAS, Americans benefit daily from the knowledge and skills ofthese highly trained individuals; and, WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical service providers by designating Emergency Medical Services Week; and, WHEREAS, injury prevention and the appropriate use of the EMS system will help reduce national health care costs. NOW THEREFORE, I, Gerald Ristow, Mayor of the City of Farmington, do hereby proclaim the week of May 16-22, 1999 as Emergency Medical Services Week and encourage the community to observe this week with appropriate programs, ceremonies, and activities. Gerald Ristow, Mayor k COUNCIL MINUTES REGULAR April 19, 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, Verch Strachan City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. Erling Kindem, 1014 3rd Street, made several comments regarding junk being stored in his neighbor's yard. Staff will follow-up. 7. CONSENT AGENDA Council Minutes of April 5, 1999 were pulled as Councilmember Verch wanted to abstain as he was absent from that meeting. a) MOTION by Soderberg, second by Cordes to approve Council Minutes (4/5/99) (Regular). Voting for: Ristow, Cordes, Soderberg. Abstain: Verch MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: b) Adopted RESOLUTION R38-99 accepting grant - Senior Center c) Adopted RESOLUTION R39-99 accepting donation from Dakota Electric d) Authorized RFP for Audio Visual Services e) Approved agreements for Clean Up Day f) Received school and conference information - Fire Department g) Received Deer Meadows project update h) Received first quarter building permit report i) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT Council Minutes (Regular) April 19, 1999 Page 2 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Review of Housing Tax Credit Applications The Tax Credit program provides a reduction in federal income tax liability to owners of and investors in low income rental housing developments through the allocation of certain Tax Credits to such owners. Dakota County HRA has been designated as a sub-allocator and has been authorized to allocate $352,071 in 1999. Sherman and Associates Inc of Minneapolis is proposing to develop a 16- unit townhome project on the portion of the East Farmington PUD located at the comer of Larch Street and the newly aligned TH 3 frontage road south of Budget Mart. Rent would be $722 per month plus an additional $68 utility allowance to be paid by the renter. Mr. Jim Deanovic and the Minnesota Attainable Housing Corporation propose to form a limited partnership called Farmington Family Housing to develop 28 rental townhome units on property located at TH 3 and County Road 66. The proposed plan consists of seven, four-unit townhome buildings clustered around a circular private court along the south side of County Road 66. Rent for two-bedroom units would be $621 plus a $62 utility allowance to be paid by the renter. The three-bedroom units would have rents at $711 with a $79 utility allowance also paid by the renter. Representatives for both projects Were in attendance to answer questions. The City has committed to promoting the development of additional rental housing as part of its previously adopted goals under the Livable Communities Act. Council authorized the submittal of a letter citing general concerns and overall support of affordable rental housing as proposed at the East Farmington site and the Trunk Highway 3 and County Road 66 site. b) 1999 LMC Annual Conference Attendance The annual League of MN Cities Conference is scheduled to be held in Rochester from June 15-18, 1999. Council should notify staff if they wish to attend. c) Adopt Resolution - Accept MnDOT Grant for Senior Center Van MnDOT has awarded a grant to the Senior Center for a new Senior Van. This van will be shared by the City and DARTS. MOTION by Cordes, second by Verch to adopt RESOLUTION R40-99 accepting the MnDOT grant for the new Senior Center van. APIF, MOTION CARRIED. d) Adopt Resolution - Preliminary and Final Plat - Oak Place Townhomes Mr. Colin Garvey and Mr. Pete Elvestad of Farmington Development Corporation are seeking preliminary and final plat approval of Oak Place, a six-unit townhome development located within the 100 block of Oak Street. Two minor issues remain concerning the plat, one is concerning the labeling of the drainage and utility easement, the other concerns additional trees be planted between the townhome units and the railroad. The Planning Commission held a public hearing on March 9, 1999 and forwarded a recommendation to approve the preliminary and final plat to the City Council. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R41-99 approving the preliminary and final plats for the Oak Place Townhomes contingent on resolution ofthe landscaping and easement issues as described. APIF, MOTION CARRIED. Council Minutes (Regular) April 19, 1999 Page 3 e) Adopt Resolution - Oak Place Townhomes Development Contract (Supplemental) The Development Contract for Oak Place Townhomes has been drafted in accordance with the approval and conditions placed on the approval of the Preliminary and Final Plat. The Planning Commission recommended approval of the Oak Place Townhomes Preliminary and Final Plat on March 9, 1999 subject to the resolution of all comments from the Engineering Division. The City received revised plans from the Developer's engineer and it appears as though issues have been adequately addressed. The Developer expressed objections to the City regarding several of the proposed charges contained in the Development Contract. These include the Surface Water Management Fee, Sewer and Water Trunk Area Charges and the Water Treatment Plant fee and Park Dedication fees. The Developer feels since this area was previously platted and previously contained single-family dwellings, that the area should not be subject to these fees as part of the re-p1atting and redevelopment of the area. It has been the City's practice to charge these types of fees in areas that are being redeveloped. The rationale for this position is that if a property has not been charged an area or trunk charge previously, then it is appropriate to charge these fees when a property is being redeveloped. Mr. Colin Garvey, Developer, had a question on the storm sewer charge. He wanted to know, if he is required to update the catch basin in the back, aren't the fees paid quarterly on the lots? Staff stated the storm sewer is required to handle the drainage his development is creating. There is a difference between the cost charged to homeowners on a quarterly basis and the trunk fees. The trunk fees are for the overall development of the storm sewer or storm water management throughout the City. The fees charged on a quarterly basis are for the maintenance of that facility. By installing the catch basin it allows the developer to meet several City standards for storm water design as well as solve significant erosion problems. Mr. Garvey is asking ifhe should get some type of reimbursement or credit for installing the catch basins against the surface water management fee. The answer is no, the surface water management fee pays for the overall storm sewer system in the City. The improvements Mr. Garvey is putting in are for the benefit of the property. Mr. Garvey stated he was told by staff to move the catch basin in order to widen the comer for the City garbage trucks. Staff replied that is not a benefit, that is for the purpose of transportation of those vehicles. Plows and garbage trucks need to go through the alley in order to serve properties adjacent to the alley. Right now, the trucks tear up the turf and the drainage causes erosion. If the project is not done to City standards, then the City has to take steps to recover that. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R42-99 authorizing the signing of the Development Contract contingent upon conditions and approval by the Engineering Division. APIF, MOTION CARRIED. Councilmember Strachan arrived at 8: 20 p. m. Council Minutes (Regular) April 19, 1999 Page 4 f) Adopt Resolution - Preliminary and Final Plat - East Farmington 6th Addition Sienna Corporation is seeking Preliminary and Final Plat approval for the East Farmington 6th Addition plat. The plat includes 76 single-family lots. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R43-99 approving the preliminary and final plats for the East Farmington 6th Addition. APIF, MOTION CARRIED. g) Adopt Resolution - East Farmington 6th Addition Development Contract The Development Contract for East Farmington 6th Addition has been drafted in accordance with the approval and conditions placed on the approval of the Preliminary and Final Plat. MOTION by Cordes, second by Verch to adopt RESOLUTION R44-99 approving execution ofthe Development Contract and authorizing its signing. APIF, MOTION CARRIED. h) Adopt Resolution- Comprehensive Plan Amendment and Adopt Ordinance Rezoning County Road 72 Properties The City has initiated an amendment to the Comprehensive Plan for the properties from Agriculture to Low Density Residential and then to rezone the properties from A-I (Agriculture) to R-I (Low Density Residential). The purpose of the rezone is a prerequisite of the Metropolitan Council to extend City services to properly zoned properties. City sanitary services will be extended to the properties during the reconstruction of County Road 72, residents are currently connected to City water service. MOTION by Strachan, second by Cordes to adopt RESOLUTION R45-99 amending the Comprehensive Plan of subject properties from Agriculture to Low Density Residential subject to Metropolitan Council approval. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg to adopt ORDINANCE 099-428 rezoning subject properties from A-I (Agriculture) to R-1 (Low Density Residential) subject to Metropolitan Council approval of the Comprehensive Plan Amendment. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - County Road 72 Project The plans and specifications have been prepared for the County Road 72 project. At the public hearing on the project, Council directed staff to include the bike path on the north side ofthe road as an alternate in the project proposal. At the neighborhood meeting, the residents stated they did not want the bike path on the north side of County Road 72. During the design ofthe project, the issue of future development to the east of the Prairie Waterway was taken into consideration in the design of the sanitary sewer. It has been determined that by keeping the sanitary sewer deep to the east of the existing trunk sewer line and installing a larger pipe, approximately 100-200 acres of future development could be served to the east of the Prairie Waterway. The design of the road will include a "L" intersection at the east end of County Road 72 by the Prairie Waterway, thus eliminating the existing curve. Staff is continuing to coordinate with Trinity Hospital regarding the possible reconfiguration of the Hospital's access to County Road 72. The final resolution with the Hospital will be incorporated into the Council Minutes (Regular) April 19, 1999 Page 5 plans. The estimated total project cost (excluding the trunk sanitary sewer) is $1,474,200. The County would be willing to participate in the costs of the improvements as outlined in their Transportation Policy as part of a turn back agreement with the City. The total estimated project costs associated with the trunk sanitary sewer is $44,800. The watermain cost is $20,000. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R46-99 approving the plans and specifications for the County Road 72 project and authorizing the advertisement for bids with removal of the bike path. APIF, MOTION CARRIED. b) Adopt Resolution - Prairie Creek Storm Sewer Upgrade Project The plans and specifications have been prepared for the Prairie Creek Storm Sewer Upgrade project. The improvements proposed would improve areas with poor drainage and bring the storm sewer system up to City standards. The feasibility report identified optional improvements in the 4th Addition. Staff recommends that the optional improvements not be included in the project. The homes surrounding the ponds in this area have adequate flood protection as required by the City's Surface Water Management Plan and the storm sewer system in this area does meet the City's minimum design standards. Mr. Todd Bowe, 18650 Easton Avenue, has been in contact with staff regarding drainage in his backyard. The options for resolving the situation depend on negotiations with the developer for the property to the east. Therefore, Mr. Bowels situation is not part of this project. The City Attorney will draft a letter to the developer. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R47-99 ordering the project, approving the plans and specifications and authorizing the advertisement for bids for the Prairie Creek Storm Sewer Upgrade project. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Review of Chapter 1306 Uniform Building Code The City Council adopted an ordinance in May of 1996 entitled Minnesota Rule 1306 which specifies requirements for the installation of special fire protection systems in new, or expanded buildings containing 2000 square feet or more of certain types of occupancy. A Council Workshop was scheduled for Tuesday, May 11, 1999 to discuss the issue further. 13. COUNCIL ROUNDTABLE Councilmember Strachan: There will be an ALF Board meeting on Apri127, 1999. Councilmember Soderberg: A citizen asked if she parked in the 2nd Street parking lot at 3 a.m. (when she comes to work) ifher car would be ticketed. The signs say no parking 2 a.m. - 5 a.m. He would like staff to look at the downtown parking to accommodate these citizens and suggested a sign stating no overnight parking. The Mayor stated we try to be consistent throughout the downtown for snow plowing. Staff stated this is an opportunity Council Minutes (Regular) April 19, 1999 Page 6 to research various zones and po stings throughout the downtown area. Council can then make an informed decision. Councilmember Cordes: The Chamber of Commerce is working on developing a new Farmington brochure. Councilmember Verch: A resident in Hill Dee contacted him regarding fish houses on a resident's property. Is there an ordinance for this? In another case, there are cars with expired tabs in the driveway. He feels enforcing ordinances should become a high priority. Staff replied the ordinances are reactive in nature. Regarding the house at 300 1 st Street, Councilmember V erch a~ked what the situation is with the property. Staff replied the owner brought plans to the Planning Commission to remove the structure and put another house on the site. City Administrator Erar: The Mayor received complaints regarding work on the train tracks. The railroad will contact the on-site supervisor. Ifthe mud is not cleaned up, the City will clean the road and charge the railroad. Regarding inappropriate conduct, the supervisor will talk with the crew. The workers will delay their start time on Sunday morning to 8 a.m. as opposed to 6 a.m. He reminded Council of the Goal Setting Workshop on April 24, 1999. Community Development Director Olson: Staff received a plan for Charleswood showing a proposed monument type sign for the entrance to the development. Copies were distributed to Council. City Engineer Mann: ordinance. He discussed the enforcement of the erosion control Mayor Ristow: He received a couple requests from residents which he distributed to Council for their input. He received an invitation to the Arts Council which he will try to attend. He will be attending the volunteer recognition dinner at the Senior Center. 14. ADJOURN Council went into Executive Session at 9:45 p.m. Executive Session adjourned at 10:30 p.m. Respectfully submitted, 7~)~~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 16 TO: Mayor, Councilmembers, City Administrato~ Robin Roland, Finance Director FROM: SUBJECT: Adopt Resolution - Set Sale of G.O. Improvement Bonds of 1999 DATE: May 3, 1999 INTRODUCTION Funding is necessary to construct the County Road 72 and Downtown Streetscape projects, as described to the City Council in the respective feasibility studies. Council ordered these projects on February 16, 1999 and April 5, 1999,respectively. DISCUSSION . The bond issue recommended is $1,775,000 and the proposed sale date is June 21, 1999. Bids for the bonds would be received by Juran & Moody on that date and the successful bidder would be authorized by the City Council at the Council Meeting that evening. The bonds will be dated July 1, 1999 and the proceeds would be available to the City for payment of the construction costs of these projects within thirty days of the sale. BUDGET IMPACT A projected cash flow for these bonds is attached. Both projects are Minnesota State Statute 429 projects with special assessments under the City's special assessment policy. Municipal funding identified on the cash flow would come from enterprise funds (County Road 72) and the Road and Bridge Fund (Downtown). ACTION REQUIRED Adopt the attached resolution authorizing the sale of$1,775,000 in General Obligation Improvement Bonds on June 21, 1999. Respectfully submitted, ~~~ =........) 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I; ..I ~W~~~~ ~~~~;1~ i:!;ffi~t;~ ~Su~~~ o~~~~~ t.)~~__rn UI ..1 U!~h ~~~~~; 8~~~~t; I ~ ~~ 6~ 8... eiQ8 ~~o ~- ~~ ~---:' _mffiffi ~~~~ ~ ~ on ~ ~ ... a ~ 8 =:I = ~ I .. =:I ~~ ;;:!;;:! ..~ .~i~ ~ ~.. ~ 8 w :; Q;::li....I..i~~~ "':g ~ -<52... ~ Z r.::: .. a ~~ ~ iafi~ :s ;< 25~ i~ ~i! ...~5~~ IE"" ~ ~~ .. ~:: '1' a; r;;; P<rIJ__ I .... ~ r---i {I[;:---~ i-a ~- -~rr. ~ I ~~. -a i ~ N~8~ ~~~~ ~e~~ ~ ~5-~ ~ ~~ M -_ - - -- ~ ~ ~ ~ ~~ ~ I ~ = M ~~ ~ I ~~~ o~~~ ~~.. ~8~Q~ ~!=:1~~~~ ~ ~ ~~~~i ~I~~~~ ~~~ '"'U~U!2 i uap.,~ ~~~ ~~~ld~ ~ ie~~~ 8~i nll~~ lllUII.1 ~ ;; CERTIFICATION OF MINUTES RELATING TO $1,775,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999 Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on May 3, 1999, at 7:00 o'clock P.M. at the City Hall in Farmington, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,775,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999 OFFICIAL NOTICE OF SALE I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on May 3, 1999. Administrator 'P Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,775,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999 BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds of 1999 in the principal amount of$1,775,000, pursuant to Minnesota Statutes, Chapters 429 and 475, the proceeds of which will be used to finance improvements to County Road 72 and the downtown streetscape. SECTION 2. OFFICIAL NOTICE OF SALE. Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated is hereby appointed as financial consultant to the City in connection with the sale of the Bonds. Said financial consultants have presented to this Council a form of Official Notice of Sale for the Bonds which shall be placed on file by the Administrator. Each and all of the provisions of the Official Notice of Sale are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. SECTION 3. SALE MEETING. This Council shall meet at the time and place stated in the Official Notice of Sale for the purpose of considering sealed proposals for the purchase of the Bonds and oftaking such action thereon as may be in the best interests of the City. Upon vote being taken thereon, the following members voted in favor thereof: and the following members voted against the same: whereupon the resolution was declared duly passed and adopted. OFFICIAL NOTICE OF SALE CITY OF FARMINGTON, MINNESOTA $1,775,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999 (BOOK ENTRY ONLY) These Bonds will be offered for sale on sealed proposals on June 21, 1999. Proposals will be accepted until 11 :00 o'clock a.m., at the offices of Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, 1100 World Trade Center, 30 East 7th Street, St. Paul, Minnesota, at which time the proposals will be opened and tabulated for presentation to the City Council for action thereon at a meeting to be held at the City Hall at 7:00 p.m., on the same day. No proposal submitted can be withdrawn before the Council meeting. DETAILS OF THE BONDS The Bonds will be dated, as originally issued, as of July 1, 1999, will bear interest payable semiannually on each June 1 and December 1 to maturity, commencing December 1, 1999, and will mature on December 1 in the following years and amounts: Year Amount Year Amount 2000 $115,000 2008 $120,000 2001 115,000 2009 120,000 2002 115,000 2010 120,000 2003 115,000 2011 120,000 2004 115,000 2012 120,000 2005 120,000 2013 120,000 2006 120,000 2014 120,000 2007 120,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. Interest will be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the purchaser, and fully registered as to principal and interest. OPTIONAL REDEMPTION Bonds maturing in 2005 and later years will be subject to redemption and prepayment, at the option of the City, on December 1,2004, or on any interest payment date thereafter, in inverse order of maturity dates and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) for Bonds maturing on the same date, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. MANDATORY REDEMPTION Any term bonds issued shall be subject to mandatory sinking fund redemption in part prior to their scheduled maturity dates on December 1 of certain years, as more fully described in the Details of the Bonds section herein, at a price of par plus accrued interest to the date of redemption. BodK ENTRY ONLY The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the entire principal amount of the Bond at maturity, will be registered in the name of CEDE & CO. as nominee of The Depository Trust Company (t1DTCtI), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof or a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants ofDTC will be the responsibility ofDTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. Bond proceeds will be used to finance certain public improvement projects within the City. TYPE OF PROPOSAL Sealed proposals for not less than $1,748,375 and accrued interest on the total principal amount of the Bonds must be mailed or delivered to Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, the City's financial advisor, and must be received prior to the time established above for the opening of proposals. Proposals shall be accompanied by a good faith deposit (the Good Faith Deposit), in the form of a certified or cashiers check or bank draft payable to the City, or a Financial Surety Bond, in the amount of $35,500. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota. Such Financial Surety Bond must be submitted to Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated prior to the opening of proposals and must identify each underwriter whose Good Faith Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then the successful purchaser is required to submit its Good Faith Deposit in the form of a certified or cashiers check, bank draft or wire transfer as instructed by Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated not later than 3:00 p.m. on the next business day following the award. If such Good Faith Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy such Good Faith Deposit requirement and such amount will be deducted from the purchase price at the closing and no interest will accrue to the purchaser. The Good Faith Deposit will be retained by the City as liquidated damages if the proposal is accepted and the purchaser fails to comply therewith. Except as otherwise provided, the Good Faith Deposit will be returned to the purchaser at the closing for the Bonds. No proposal shall be withdrawn after the time set for opening proposals unless the meeting of the City scheduled for consideration of the proposals is adjourned, recessed, or continued to another date without award of the Bonds having been made. The interest rates specified by underwriters shall be in an integral multiple of 5/1 00 or 1/8 of 1 %. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. All principal payments scheduled to be made in and before the year specified as the "Last Year of Serial Maturities" shall be designated as maturity amounts of serial bonds; all principal payments scheduled to be made after the year specified as "Last Year of Serial Maturities" and through each year specified under "Years of Term Maturities" shall be designated as mandatory sinking fund redemptions of term bonds maturing in the year( s) so designated. AWARD The Bonds will be awarded to the underwriter offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any discount to, the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms hereof. REGISTRAR The City will appoint U.S. Bank Trust National Association, in 81. Paul, Minnesota, as the paying agent which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar . , CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond or any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. "Qualified tax-exempt obligations" are treated as acquired by a financial institution before August 7, 1986. Interest allocable to such obligations remains subject to the 20% disallowance under prior law. CONTINUING DISCLOSURE In order to permit bidders for the Bonds and other participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the Rule), the City will covenant and agree, for the benefit of the registered holders and beneficial owners from time to time of the outstanding Bonds, in the resolution awarding the sale and prescribing the terms of the Bonds, to provide annual reports of specified information and notice of the occurrence of certain events, if material. The City is the only "obligated person" in respect of the Bonds within the meaning of the Rule for the purposes of disclosing information on an ongoing basis. A description of the undertaking is set forth in the Official Statement. Failure of the City to enter into an undertaking substantially similar to that described in the Official Statement would relieve the successful bidder of its obligation to purchase the Bonds. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at DTC. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal or equivalent immediately available funds. , OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relating to the City and the Bonds, and the Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the SEC. The Official Statement, when further supplemented by an addendum specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an official proposal therefor, the City agrees that, not more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds have been awarded a reasonable number of copies of the Official Statement and the addendum described above. The City designates said senior managing underwriter as its agent for purposes of distributing copies of the Final Official Statement to each participating underwriter. Any underwriter executing and delivering an official proposal form for the Bonds thereby agrees that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all participating underwriters of the Bonds for purposes of assuring receipt by each such participating underwriter of the Final Official Statement. Copies of the Official Statement, proposal forms and any additional information may be obtained from the City's financial consultants, Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, 1100 World Trade Center, 30 East 7th Street, St. Paul, Minnesota 55101-4901 (1-800- 950-4666). Dated May 3, 1999. BY ORDER OF THE CITY COUNCIL John Erar, Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ FROM: Mayor, Councilmembers, City Administrator4~ Robin Roland, Finance Director TO: SUBJECT: Adopt Resolution - Set Sale of Equipment Certificates DATE: May 3, 1999 INTRODUCTION Funding is necessary to purchase the Capital Equipment identified in the 1999 Budget. This equipment includes the Public Works Truck and Street sweeper, the Police Department's new squad car and the Automated Vehicle/Packer for the Solid Waste Department. DISCUSSION The bond issue recommended is $490,000 and the proposed sale date is June 21, 1999. Bids for the bonds would be received by Juran & Moody on that date and the successful bidder would be authorized by the City Council at the Council Meeting that evening. The bonds will be dated July 1, 1999 and the proceeds would be available to the City for payment of the equipment purchases within thirty days of the sale. BUDGET IMPACT A projected cash flow for these bonds is attached. The issuance of these certificates is provided for in the 1999 Budget in the Capital Acquisition Fund which is supported by the Debt Levy portion of the annual Tax Levy. ACTION REQUIRED Adopt the attached resolution authorizing the sale of $490,000 in General Obligation Equipment Certificates on June 21, 1998. ;;:4L) Robin Roland Finance Director ~ i !l ~ '" ~ II:l ~ ~ i 11~5n ~ S'~ ~~~:~PPP;i~~~8. ~ .. z = . o V"') '3-r-\M 000 ~ ~~S~ ~ ~_::t:t~. ~..L.. 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I ~ ~~ a~ ::>",g ~A- J::::~!< ~ ~~. ~;;~ ...:~~::> ~~~~ ~ ~ I I:.l II:l ~ '" i 8 ~ i .... .. ~ ~: .. ~ .. ~ ~ ;c ~ ...... ~ 8 ~ :i ~~~~'I~~m' ~~ Ii: ., ii 0 ~ta r--;~-~ ~~--f~--i-fi-~l~ ~~ ~ ---t~ I ....;!:! _0,("01.... ~....!;; ~ ~ ~ ~ .~ ~ I I ~ ~ I ~ !fa ~~ ~ o~~~ ~fd.1 l~ ~ ~ ~ 9 m ~ ~ I ~ ~ ; ~~tJl!l et;;~~< . ~ ~!i~z o~~!S~ f2~- ~ ~ i m ~ ~ ~ ~ ~ ! g ~ ~ ~I ~ ~ ~ ~ Q a a Z Z ti ~ ~ ~ ~ ~I l~ t:: ~ ~ fa fa t2 t2 i:il u '" ~ ~I _____________________________________...____..f!l 90f:T~ZZT99 XVd 90:60 OHM 66/TZ/~0 CERTIFICATION OF MINUTES RELATING TO $490,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1999 Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on May 3, 1999, at 7:00 o'clock P.M. at the City Hall in Farmington, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $490,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1999 OFFICIAL NOTICE OF SALE I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the Certificates referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said Certificates; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on May 3, 1999. Administrator Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $490,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1999 BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its $490,000 General Obligation Equipment Certificates of 1999 (the Certificates), pursuant to Minnesota Statutes, Section 412.301 and Chapter 475 to finance the costs of acquiring certain items of capital equipment. SECTION 2. OFFICIAL NOTICE OF SALE. Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated is hereby appointed as financial consultant to the City in connection with the sale of the Certificates. Said financial consultants have presented to this Council a form of Official Notice of Sale for the Certificates which shall be placed on file by the Administrator. Each and all of the provisions of the Official Notice of Sale are hereby adopted as the terms and conditions of the Certificates and of the sale thereof. SECTION 3. SALE MEETING. This Council shall meet at the time and place stated in the Official Notice of Sale for the purpose of considering sealed proposals for the purchase of the Certificates and of taking such action thereon as may be in the best interests of the City. Upon vote being taken thereon, the following members voted in favor thereof: and the following members voted against the same: whereupon the resolution was declared duly passed and adopted. OFFICIAL NOTICE OF SALE CITY OF FARMINGTON, MINNESOTA $490,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1999 (BOOK ENTRY ONLY) These Certificates will be offered for sale on sealed proposals on June 21, 1999. Proposals will be accepted until 11 :00 o'clock a.m., at the offices of Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, 1100 World Trade Center, 30 East 7th Street, St. Paul, Minnesota, at which time the proposals will be opened and tabulated for presentation to the City Council for action thereon at a meeting to be held at the City Hall at 7:00 p.m., on the same day. No proposal submitted can be withdrawn before the Council meeting. DETAILS OF THE CERTIFICATES The Certificates will be dated, as originally issued, as of July 1, 1999, will bear interest payable semiannually on each February 1 and August 1 to maturity, commencing February 1,2000, and will mature on February 1 in the following years and amounts: Year Amount 2001 $110,000 2002 115,000 2003 125,000 2004 140,000 Interest will be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Certificates will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the purchaser, and fully registered as to principal and interest. OPTIONAL REDEMPTION Certificates maturing in 2004 will be subject to redemption and prepayment, at the option of the City, on February 1,2003, or on any interest payment date thereafter, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) for Certificates maturing on the same date, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. BOOK ENTRY ONLY The Certificates will be issued by means of a book entry system with no physical distribution of Certificates made to the public. The Certificates will be issued in fully registered form and one Certificate, representing the entire principal amount of the Certificate at maturity, will be registered in the name of CEDE & CO. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Certificates. Individual purchases of the Certificates may be made in the principal amount of $5,000 or any multiple thereof or a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Certificates. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Certificates, will be required to deposit the Certificates with DTC. SECURITY AND PURPOSE The Certificates will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance acquisition of items of capital equipment for the City. TYPE OF PROPOSAL Sealed proposals for not less than $485,100 and accrued interest on the total principal amount of the Certificates must be mailed or delivered to Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, the City's financial advisor, and must be received prior to the time established above for the opening of proposals. Proposals shall be accompanied by a good faith deposit (the Good Faith Deposit), in the form of a certified or cashiers check or bank draft payable to the City, or a Financial Surety Bond, in the amount of $9,800. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota. Such Financial Surety Bond must be submitted to Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated prior to the opening of proposals and must identify each underwriter whose Good Faith Deposit is guaranteed by such Financial Surety Bond. If the Certificates are awarded to an underwriter using a Financial Surety Bond, then the successful purchaser is required to submit its Good Faith Deposit in the form of a certified or cashiers check, bank draft or wire transfer as instructed by Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated not later than 3 :00 p.m. on the next business day following the award. If such Good Faith Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy such Good Faith Deposit requirement and such amount will be deducted from the purchase price at the closing and no interest will accrue to the purchaser. The Good Faith Deposit will be retained by the City as liquidated damages if the proposal is accepted and the purchaser fails to comply therewith. Except as otherwise provided, the Good Faith Deposit will be returned to the purchaser at the closing for the Certificates. No proposal shall be withdrawn after the time set for opening proposals unless the meeting ofthe City scheduled for consideration of the proposals is adjourned, recessed, or continued to another date without award of the Certificates having been made. The interest rates specified by underwriters shall be in an integral multiple of 5/1 00 or 1/8 of 1 %. AWARD The Certificates will be awarded to the underwriter offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any discount to, the total dollar interest on the Certificates from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Certificates, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms hereof. REGISTRAR The City will appoint U.S. Bank Trust National Association, in St. Paul, Minnesota, as the paying agent which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Certificates qualify for assignment of CUSIP numbers such numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate or any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Certificates. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. "Qualified tax-exempt obligations" are treated as acquired by a financial institution before August 7, 1986. Interest allocable to such obligations remains subject to the 20% disallowance under prior law. CONTINUING DISCLOSURE Bidders and other participating underwriters in the primary offering of the Certificates need not comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 because the aggregate principal amount of the Certificates and any other securities required to be integrated with the Certificates is less than $1,000,000. Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Certificates. SETTLEMENT Within 40 days following the date of their award, the Certificates will be delivered without cost to the purchaser at DTC. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, which opinion will be printed on the Certificates, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Certificates shall be made in federal or equivalent immediately available funds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relating to the City and the Certificates, and the Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the SEC. The Official Statement, when further supplemented by an addendum specifying the maturity dates, principal amounts and interest rates of the Certificates, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Certificates, as that term is defined in Rule 15c2- 12. By awarding the Certificates to any underwriter or underwriting syndicate submitting an official proposal therefor, the City agrees that, not more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Certificates have been awarded a reasonable number of copies of the Official Statement and the addendum described above. The City designates said senior managing underwriter as its agent for purposes of distributing copies of the Final Official Statement to each participating underwriter. Any underwriter executing and delivering an official proposal form for the Certificates thereby agrees that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all participating underwriters of the Certificates for purposes of assuring receipt by each such participating underwriter of the Final Official Statement. Copies of the Official Statement, proposal forms and any additional information may be obtained from the City's financial consultants, Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, 1100 World Trade Center, 30 East 7th Street, St. Paul, Minnesota 55101-4901 (1-800- 950-4666). Dated May 3, 1999. BY ORDER OF THE CITY COUNCIL John Erar, Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lj TO: John F. Erar, City Administrator FROM: Mayor and Council Members SUBJECT: Council Review of Administrator Performance DATE: May 3, 1999 In recognition of your three-year anniversary on March 18, 1999 with the City 'of Farmington in your position of City Administrator, it is both appropriate and timely for Council to consider your performance and make any necessary adjustments in your compensation. In review of an appropriate step increase and in recognition of your tenure with the City, Council conducted a formal performance evaluation on April 19, 1999 during a closed Executive Session. Performance criteria reviewed by Council included organizational management; fiscal/business management; program development; Council relationship; long-range planning and other associated factors contained within the formal review document. The outcome of this review, on average, met or exceeded Council's expectations in every performance category. Council's review comments and remarks, in general, reflect appreciation and satisfaction with your performance over the last 12 months. It is Council's understanding that your annual compensation has not been adjusted relative to your performance since your last performance review 12 months ago. In review of factors such as size and complexity of the organization; budgeting; staffing; City services provided; population; growth management issues and position responsibilities, it was noted that communities of similar size and organizational complexity offer compensation in the mid to high seventies, along with other employment benefits that are somewhat more substantial than is currently being offered. Taking these factors into consideration, Council has determined that a step increase based upon your performance and tenure in the position is appropriate given your responsibilities as City Administrator, City Clerk and as Director of Information Technology for the City. In particular, your leadership in the information management area has provided significant benefits to our citizens and to the organization as a whole. Council has expressed support for additional training in this area of your responsibilities noting the need to maintain your expertise and competence in overseeing the City's information technology systems. In light of this information, Council feels it is both financially responsible and prudent in terms of the benefits the community has realized over the last three years from your specific areas of expertise, to offer you a five percent step adjustment over your current salary of $70,932. This John Erar, City Administrator Council Review of Administrator Performance Page 2 of2 represents an increase of $1.71 per hour over a forty-hour work week. As you do not receive overtime for any hours worked over 40 hours per week, no additional costs to the City are anticipated by this increase, with the exception of payroll taxes. Further, in recognition that your vehicle allowance of $200 per month for City business related travel has not been adjusted since 1996, the Council has adjusted your montWy allowance to $300 for City business-related travel. ACTION REQUESTED Approval of these adjustments in your compensation shall be adopted upon acceptance by Council, and shall be effective retroactive to April 1, 1999. Congratulations on ajob well done! On Behalf ofthe Farmington City Council, ~;:;6 Mayor Jerry "Digger" Ristow City of Farmington 325 Oak Street, Farmington. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /e TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Approve 1999 Goal Setting Objectives DATE: May 3, 1999 INTRODUCTION At the recent Council Goal-Setting Workshop held on Saturday, April 24, 1999, Council discussed and reviewed proposed 1999 Goals as presented in the table below. Council provided direction to staff relative to what goals should be pursued during the next 12 months. It was understood that each goal approved by Council for further action would, at the appropriate time, be brought back to Council for further action, as necessary. DISCUSSION COUNCIL ACTION ON PROPOSED 1999 GOALS No. GOAL DIRECTION 1. Consider transferring facility ownership of the Farmington Further action directed at staff Public Library from the City to Dakota County level to negotiate a draft Facility Transfer Agreement Document 2. Consider adoption of a Council Policy on Council Workshop Further action directed to Draft purposes and protocols Council Policy for adoption 3. Consider alternative Revenue Sources, i.e. Franchise Fees and Further action directed on User Fees Franchise Fee; No further action *Council directed that Franchise Fees may be pursued during directed on Street Light Utility normal Franchise Agreement renewal periods. in 1999 4. Consider an ordinance that would designate new, undeveloped Further action directed to MUSA for bow hunting within the city limits to control prepare draft Ordinance increasing deer populations. Amendment 5. Consider establishing a formal City policy on annexation Further action directed to petitions prepare draft Council Policy *Further action will consist of preparing draft documentfor review by Planning Commission and City Council. Possible Joint Workshop to be held. 6. Consider actions regarding the proposed acquisition of Further action directed to pursue property for the future construction of a new City Ballfield acquisition of proposed Ballfield Complex as previously recommended by the Parks and Complex Site Recreation Commission 7. Consider forming a City Task Force on Facility Planning Further action directed relative Needs for the Year 2001 to forming a Task Force Committee 8. Determine what the City/HRA's efforts should be relative to Develop a proposed approach for Elm Street redevelopment, property acquisition and review by Council and HRA on commercial/retail expansion Elm Street. Continue to pursue Elm Park Cleanup 9. Consider actions to bring the City within the Metropolitan No further action; Staff to Mass Transit Service Area monitor future needs and plan accordingly 10. Consider actions relative to reinstitution ofthe DARE Program No further action; Review results in ISD 192 of existing ISD 192 efforts over next three year period 11. Consider revision of Township Fire Contracts to include Further action directed to review additional factors in the charging formula to account for the existing service formula to appropriate costing of capital facilities and equipment ensure funding equities acquisitions. 12. Consider public communication issues and cooperative efforts Further action directed to relative to the televising of government and community explore collaborative efforts programmmg with Apple Valley/Rosemount and ISD 192. ACTION REQUESTED Acknowledge status and direction of Proposed 1999 Council Goals as presented. Res ectfully': Submitted, ~ hn F. Erar City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7-f To: Mayor, Councilmembers, City Administrato~ From: Paul Asher, Liquor Operations Manager Subject: Capital Outlay Purchase - Liquor Operations Date: May 3, 1999 INTRODUCTION The 1999 Liquor Operation's Budget provides for the purchase of two Wine Chillers. One for each store. DISCUSSION Staff has received quotes for the two Wine Chillers, from two different vendors. The vendor with the lowest cost was chosen. BUDGET IMP ACT The quoted price of $2,450 for the two Wine Chillers is within the 1999 Budget. RECOMMENDATION F or Council information only. Respectfully Submitted, a-.o/~--J ~ Paul Asher Liquor Operations Manager City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us } TO: Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director FROM: SUBJECT: Capital Outlay - Parks and Recreation Department DATE: May 3, 1999 INTRODUCTION The Parks and Recreation Commission ( P ARAC ) has reviewed the 1999 capital improvement plan for playground equipment. In addition, staff has received quotations for the roof at the Senior Center. DISCUSSION The P ARAC and staff have been working on a plan to upgrade the play equipment and park construction in the three year plan as approved by Council on August 18, 1997. The Commission is recommending that the following park structures be purchased this year as part of the budgeted funds. Play Equipment Play Structure Play Structure Play Structure Play Structure Prairie Creek Park Daisy Knoll Park Troy Hill Park Dakota Estates Park Troy Hill Park structure and 5 swing sets for various parks: Company Play Structure 1. Flannagan Sales $13,256.37 2. Lee Recreation $13,335.00 Swing Sets $6,879.67 $7,577.25 In addition to play equipment, the Senior Center roof needs replacing and has been approved in the 1999 budget Senior Center Roof Atlast Roofing All Systems Roofing Mike Hince Construction $9,575 $9,640 $10,230 The play equipment and Senior Center roof will be purchased from the low bidder. BUDGET IMPACT The budgeted dollars for the play equipment will come from Liquor Store profits and Park Improvement Funds as outlined in the 1999 Budget and C.I.P. The quotations for the Senior Center roof are within the 1999 budgeted dollars of$II,IOO. ACTION REOUESTED For information only. Respectfully submitted, ~lS~ James Bell Parks and Recreation Director equip99 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?~ TO: Mayor, Councilmembers and City Administrator~ FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Authorize Settlement Agreement, Forfeited Vehicle DATE: May 3, 1999 INTRODUCTION I DISCUSSION On January 15, 1999, Mr. Leonard Hall was arrested for DWI by the Farmington Police Department. That arrest resulted in the forfeiture of his vehicle, a 1997 Jeep Wrangler. As a result of negotiated agreements, Mr. Hall has agreed to plead guilty to his offense and purchase the vehicle from the City for $10,000. Payment will be made on or before June 1, 1999. In the event that Mr. Hall does not make payment in full by June 1, 1999 he agrees to forfeit all rights and claims to the vehicle. Attached you will fmd the Settlement Agreement drafted by the City Attorney for Council review. ACTION REQUESTED Authorize the Settlement Agreement with Leonard Hall as presented. Respectfully submitted, --~~a~ Daniel M. Siebenaler Chief of Police U4/21/99 11:31 "5'612 234 6237 CAMPBELL KNUTSON ~003 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TVPF.: CML FORFEITURE Court File No. Leonard Lee Hall, Plaintiff, YS. STIPULATION AMC 1997 Jeep Wrungler MiulleSOLa LicellSe No. 613 PWE, VIN #1J4FY29P4VP455554, Defendant_ and City of Farmington, a Minnesota municipal corporation, Claimaut. WHEREAS, PlainLiff hilS a ~mJS~ o[ a\.:Liun [or furl~iLlIre UgilWsL D~[en(.hmL Prop~Ly uuder Minnesota Statute ~169.1217 et seq; and WHEREAS, Claimant has asserted that the vehicle is subject to forfeiture under Minnesuta Stanltc ~169.1217 et seq; and W.HERKAS, Plaintiff' and Claimant desire to fully and finally resolve this matter without the need for further litigation pursuant to the terms of this Stipulation; and NOW, THEREFORE, it is stipulated and agreed as follows: 1. Plaintiff, LeUIDlrtJ LI;I;;: H~tll, agn~es LO pay LO Lhe CiLy of Farmington, the S\Ull (If Ten Thousand ($10,000.00 Dollars) for the return of the Defendant Property, that being one AMC 1997 Jeep Wrangler. Minnesota License No. 613 PWE. VIN #lJ4FY29P4VP455554. Upon payment, the Claimam agrees to release the vehicle to rbe Plaintiff. 2. Plaintiff un~onu.itional1y releases and waives all claims against me State of Minnesota, City of Farmington, their officers, agents and employees from all claims, demands, damages, causes of action or suits of whatever kind and description that m.ight now exist or hereinafter exist by rt~asun of or growing uuL o[ the January 15, 1999 DUI incident. 04/21/99 11:32 '6'612 234 6237 CAMPBELL KNl~SON III 004 3. Plaintiff will have an opportunity tn it'u:pect the Defendant Property prior to it being released to him. Said inspe.ction will be for the. purpose ot' de.termming the existence and/or condition of the vehicle and any personal items believed to be remaining in the vehicle. 4. Plainliff further accepts vehicle in lias is" condition and rcleascs the State of Minnesota, City of Farmington, their officers, agents, and employees from any and all claims or causes of action or suits of whatever kind and description resulting from any theft or damage to the Defendant Property or the persuna1 pruperty cunlaint:d tht:rdn. 5. Plaintiff will not pay any additional towing or lot storage fees in addition to the payment set forth in p~ragfaph Dumber one hel'ein. 6. Plaintiff will pay the $10.000.00 amount to the Farmington Police Department by 5:00 p.m., June 1, 1999 by certified fUIlds. Failure to make full ano complete payment hy the above deadline wiH result in Plaintiff releasing all claims of ownership of the vehicle and all clajm~ title and lights of ownership in the vehicle will bec:ome the property of the City of Farmingtun. In the t:vent ui" non-puymeIll, Plaiuriff agrees (0 sign ~ll document!> required to transfer title to the Farmington Police Department. Further, in the event of non-payment, lhe Claimant would not be required to proceed with the statutory forfeiture under Minn. Stat.. ~ 169.1217 and Plaintjff would waive any factual, sLatutury or constitutional challenges to the fOlfcirore. Dated: This agreement encompasses a full and final settlement of any and all civil claims arising . out of the January 15, 1999 DUI incident. ) 5>+ ltltt1 CAMPBELL KNUTSON Professional Association 7. By: . hew K. Rl'okl, #2 8558 Attorneys for Claimant 317 Eagandale OffIce Cente:r 1380 CUIpOrClLe CeIlLer Cwve Eagan, MN 55121 Telephone: (651) 452-5000 Dated: R. Glt:nn Nord, Attorney for Plaintiff 2 Q4/21/99 11:32 Dated: Dated: Dared; '6'612 234 6237 CAMPBELL KNl~SON Leonard Lt:t: Ilall, Plaintiff CITY OF FARMINGTON 3 By: Its Mayor By: . . Its City AdminislraLur ~005 City of Farmington 325 Oak Street, Farmington, MN 55024 .(651) 463-7111 Fax (651) 463-2591 www.ci.farmin~on.mn.us ~' TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Nelsen Hills 5th Addition Citizen Petition - Update DATE: May 3,1999 INTRODUCTION On March 24th, 1999, City staff received a petition from several residents in the Nelsen Hills 5th Addition. This petition was forwarded to Council on April 5th, 1999. The residents in their petition cite concerns with the water levels in the ponds behind their homes, which are located on Outlots B and C in Nelsen Hills 5th Addition, west of Explorer Way. DISCUSSION On Wednesday, April 15, 1999, City staff held a meeting with several of the residents who signed the petition to determine the extent of their concerns. The following issues and concerns were raised regarding the ponding areas behind their homes. 1. There is significant erosion that is occurring at the flared end section that is located behind lot 9, block 3 (18603 Explorer Way) and lot 1, block 5 (18607 Explorer Way). In addition, the resident at 18603 Explorer Way is concerned about the grade transition between his lot and the flared end section. 2. Several of the residents stated that they do not feel that the pond is as big as the approved engineering plans indicate. 3. Several of the residents stated that they believe the high water level of the pond encroaches beyond the existing drainage easements in their yards. 4. One resident expressed the opinion that the pond is not clay lined; therefore the water "leaks" out of the pond and the water elevation in the pond is lower than the normal water elevation at times. 5. It needs to be verified that the grades of the backyards surrounding the ponds match the grades on the grading plan. 6. One resident questioned whether the overflow outlet of the pond was constructed too high and if the emergency overflow swale for the pond was lower than the surrounding backyards. Staffmet with the developer of Nelsen Hills on April 21, 1999 to discuss the issues raised by the residents in their petition. Staff is currently in the process of researching the issues with the developer. A survey crew is scheduled to go out the first week in May to investigate several of the issues. Staff s findings will be presented at a subsequent council meeting. BUDGET IMPACT None. ACTION REQUESTED For information only. Respectfully submitted, ';z{)J1~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Nelsen Hills 5th Addition citizen petitioners Heritage Development Attention: Lee Mann City Engineer Public Works Director cc: Tom Bisch - Heritage Development Farmington City Attorneys Office We the undersigned, owners of the lots located in Nelson Hills Farms Fifth Addition with the description of Block Five; lots one through five; and neighboring houses are petitioning the holding pond, labeled as Pond Two, for reasons concerning the normal and high water levels. We would like immediate action taken to address normal and high water currently not within the five foot lot easement specified for drainage and utilities. We are demanding all proposed development of Addition Seven to be put on hold . until this matter is reviewed. and resolved. We request that any pending and future issues regarding development and watershed pertaining to this pond and surrounding area be made known by written document to all undersigned parties. tlf{J c ~ #/,IPr"r 5i/I(Il.~~ !I;,ff?' ADDRESS I SIGNATURE I DATE I tX:fkV~f~ ~/~ ~'~1-9'1 yZiOO ~ 3-c2.) -CJq ~qNl",y",l}~ JY6n 81":or/ ~~~ lYiaW1 B4"")//1lF /86/1 /ixjPtr-er- w~Y' ~ 71..- //617~ItJ/)~~ I/iAj ~.7Jl.7h-d ~-;L1-19 ~ ~ - ~~ " ,,/. ,h I ~ 3 -.J-I-9'1 /ffptJ5 b'iplorer W'o/ 'f)fl;~ ~~ I NAME (print) 1) ~ IlZ k011 0.... NI'u\e. \<.u..\\R. I 19b'a3 '3 - aJ -q Gj 3-z/-~9 1011111' L W-l-UL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /Oa.., TO: Mayor, Councilmembers and City Administrator 1!L- FROM: Daniel M. Siebenaler Chief of Police SUBJECT: 1998 Police Department Activity Report DATE: May 3, 1999 INTRODUCTION I DISCUSSION The Police Department has received the 1998 Farmington Crime Statistics from the Bureau of Criminal Apprehension. Copies of portions of that report are attached for Council review. Statewide reports will not be available until mid-year for comparison purposes but the local information will provide a good picture of criminal activity in Farmington and the Police Department response. In addition to the State information staffhas included a data sheet describing Crime Rates, Clearance rates and population estimates since 1988 for Council review. Staffwill be making a brief presentation regarding the 1998 statistics for adults and juveniles as well as an explanation of trends observed over recent years. ACTION REOUESTED Information only. Respectfully submitted, ~--,., -".,. ". ;"- ( / ," / ~/d.-~/1i~J~~~~ Daniel M. 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CD co ('t) LO ns ns l- t/) ..- ..- ..- ..- ..- ..- ..- N ('t) ('t) en ~ .J W (,) e :J a: = 0 c a: en - < < = (,) J! Q) l;: en e - en ~ e ... .c < I- <X> CJ) e ..- N ('t) .q LO CD ..... <X> <X> <X> CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) CJ) D:: ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- < w > Q) C) m c.. ..- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOb TO: Mayor, Councilmembers and City Administrato~~r FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Ordinance Amendment Title 6 Operation of Motor Vehic1es DATE: May 3, 1999 INTRODUCTION / DISCUSSION A request was made at the April 5 City Council meeting to amend City Ordinance 6-9-9 to include snowmobiles in the motor vehicle ban on lakes and ponds in the City. Council ordered preparation of a draft amendment. A draft amendment has been prepared by the City Attorney for Council review. Staffhas contacted the Sno Tigers Snowmobile Club President by mail requesting feedback on the proposed Ordinance Amendment. As of the date of this memorandum, staffhas not received any input or feedback from this local community group. In addition, notice has been forwarded to the resident who made the original request. ACTION REQUESTED Review the draft amendment and take action as deemed appropriate. Respectfully submitted, -----", (, \ ) .. ~\ .r-:~/J ) ~~v~A~k~~ Daniel M. Siebenaler Chief of Police Attachments: Draft amendment Letter to Sno Tigers cc: File Doug Holmstrom, 20160 Doffmg Ave. Farmington Dale Pettet, 20155 Dunbar Ave. Farmington City ~f Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us Mr. Douglas Holmstrom President, Snow Tigers 20160 Doffmg Ave Farmington, MN 55024 April 14, 1999 Mr. Holmstrom, The City of Farmington has received a request to amend City Code, Section 6-9-9, regarding the operation of motor vehicles on lakes and ponds within the City. The amendment is being requested in the interest of bringing consistency to the City Ordinance, preventing noise nuisance and preserving wildlife habitat. Under current ordinance the only exception for the operation of motor vehicles on lakes and ponds is granted to snowmobiles. The proposed amendment would prohibit all motor vehicles, including snowmobiles, (boats and jet skis are already prohibited) from operating on lakes and ponds within the City. Before taking any action on the proposed amendment the City Council is soliciting input from your snowmobile club. If you would like to comment on the proposed ordinance amendment you may do so directly at the City Council meeting on May 3rd, 1999 at 7:00 PM. If you choose not to make direct comment at the meeting, for your convenience you may also comment prior to the meeting by writing a letter to my attention at 325 Oak St. Farmington, MN. I would also be happy to discuss this issue with you personally during regular business hours at 463-3333. If you choose either written or phone comments I will present your views at the meeting prior to a decision by the City Council. If you have any comments or questions feel free to contact me. ...._~...~spectful~ly, ~.. .. I .~.- . I. \ ' v" '." ," -. . .,.) Daniel M. Siebenaler Chief of Police cc: File John Erar, City Administrator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 6, CHAPTER 9 OF THE FARMINGTON CITY CODE CONCERNING THE OPERATION OF MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 6-9-9(C) of the Farmington City Code is amended to read as follows: C) No person shall operate any type of motor powered vehicle upon any lake or pond within the City. SECTION 2. Effective Date. This ordinance shall take effect immediately upon its passage and publication. ADOPTED this of Farmington. day of , 1999, by the City Council of the City CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: Approved as to form the day of ,1999. City Attorney Published in the Farmington Independent the day of ,1999. 71672 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /Oe- TO: Mayor, Councilmembers, City Administratorf~ FROM: James Bell, Parks and Recreation Director SUBJECT: Citizen Communication - Recreation Request DATE: May 3, 1999 INTRODUCTION Mayor Ristow has received a letter from a resident requesting the City construct a Recreation Center. DISCUSSION The letter from the student resident requests that the City construct a recreational facility that would allow students to play basketball indoors without many of the rules that the school enforces ( see the attached letter). The resident believes that the City could offer better and more programming for the youth of the community. It is suggested that a fee, such as is charged at private health clubs, be charged to the users to offset some of the expenses. It is suggested in the letter that a facility would give the youth more to do, thus keeping them out of trouble. Staff will forward this letter to the Parks and Recreation Commission for review at it's regularly scheduled meeting on May 5, 1999. The resident will be informed of the meeting, so that he may attend if he so chooses. ACTION REQUESTED Acknowledge the receipt of a letter requesting a City owned Recreation Center and forward it to the Parks and Recreation Commission. Respectfully submitted, ~~ James Bell Parks and Recreation Director cc: Resident 600 Centennial Drive Farmington, MN 55024 April 16, 1999 The Honorable Jerry Ristow Farmington City Hall Farmington, MN 55024 Dear Mayor Ristow: I am a ninth grader at the Farmington High School. Some of my friends and I have been looking for a place to play basketball indoors, but there are always rules to playing at the schools in Farmington. For instance, you must have an adult with you to supervise as you play. This is fine, but I think it would be more constructive if you put a Recreation Center in the City of Farmington, not just for basketball but for other things also, such as weight lifting, rock wall climbing, and a game room or nursery. I think this will attract a lot of people. There should be a fee to pay at the door such as a $2 fee to play for however long you want. For most you can even set a family pass that you pay a fee of $150 at the beginning of the year and it lasts for the whole year. Most of my friends wouldn't care about the fee. This will also keep kids off the streets, and out of trouble. If you are looking for a place to put the Recreation Center then, how about by the new Farmington water tower by Akin Road. That would be a great spot to place it! I look forward to having a place such as this, and seeing you go through with this idea to make Farmington more active! Sincerely, td~o/ Rick Cox City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOa! TO: Mayor, Councilmernbers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Citizen Communication - Light Poles on Akin Road DATE: May 3,1999 INTRODUCTIONIDISCUSSION At the April 19, 1999 City Council meeting, a letter from a resident was forwarded to staff requesting that light poles be installed along Akin Road (attached). As stated in the response letter to the resident (attached), 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 after the completion of the new alignment ofCSAH 31, the City would have the ability to review this request. BUDGET IMPACT None. ACTION REQUESTED For information only. Respectfully submitted, ~Yn~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file 19290 Euclid Ct. Farmington, MN 55024-9594 April 15, 1999 The Honorable Mayor Jerry Ristow Farmington City Hall Farmington, MN 55024 Dear Mayor Jerry Ristow: I have recently received my driver's permit. Many nights I drive on Akin Road and cannot see very well. Putting on my high beam just isn't enough, because other cars drive by. I've asked many of my friends if they would like street lights along the road and many, almost all, agree with me. Although residents might not want the light poles in their lawn, it would increase safety. The painted lines also aren't bright enough. They will need to be painted often. If you were to put lights up, that would be a permanent solution. I can't believe there are other negatives on this subject. We are all hoping you will consider putting up street lights along Akin Road. Sincerely, ~~ Tres Humerickhouse .... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us April 23, 1999 Mr. Tres Humerickhouse 19290 Euclid Court Farmington, MN 55024-9594 Dear Mr. Humerickhouse: On behalf of Mayor Ristow, I am responding to your letter requesting the placement of street lights on 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 after the completion of the new alignment of CSAH 31, the City would have the ability to review your request. If you have any further questions or comments please do not hesitate to contact me. Sincerely, ~ }"'h ~ Lee M. Mann, P .E. Director of Public Works/City Engineer Cc: Gerald Ristow, Mayor John Erar, City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IDe, TO: Mayor and Councilmembers City Administrato~ FROM: David L. Olson Community Development Director SUBJECT: Request to Amend Comprehensive Plan and Rezoning - Proposed Silver Springs 3rd Addition DATE: May 3,1999 INTRODUCTION Tim Giles owner of TC Construction (Developer) has made an application to amend the Comprehensive Plan and zoning for property he owns which is bordered by 190th Street, English Avenue and Pilot Knob Road also known as the proposed Silver Springs 3rd Addition. DISCUSSION As the attached April 13, 1999 memo to the Planning Commission prepared by Lee Smick, Planning Coordinator indicates, the Developer is seeking to amend the Comprehensive Plan for the portion of his property located at the intersection of Pilot Knob Road and 190th Street from Low Density Residential to Business and to rezone this property from R-1 Low Density Residential to B-1 Limited Business (see attached map). The other portion of his property proposed for change is a portion of the property between English Avenue and Pilot Knob Road which is proposed to be changed from Low Density to High Density on the Comprehensive Plan and for the zoning to be changed from R-l Low Density to R-3 High Density (see attached map). The Planning Commission conducted a public hearing on this request on April 13, 1999. After considerable public testimony, the Planning Commission voted to recommend denial of both requests to amend the Comprehensive Plan and denial of the requests to rezone a portion of the property to B-1 Limited Business and another portion of the property to R-3 High Density Residential based on the following findings: . The proposed B-1 Limited Business zoning allows uses which are too intense given the surrounding existing single family developed areas. . The Developer of Silver Springs made a commitment to buyers of lots in Silver Springs 1 st and 2nd Addition that this area would be developed as low density residential. There was mention of the covenants that were approved as part of this development and the restrictions included in these covenants precluded uses other than single family residential. . The proposed R - 3 High Density zoning would place residential development immediately adjacent to a proposed commercial use. . The Developer's unwillingness to consider a less intense commercial zoning designation for the property. BUDGET IMP ACT None ACTION REOUESTED The Council has the following options available relative to this request: 1) Uphold the recommendation decision of the Planning Commission to deny the request to amend the Comprehensive Plan from Low Density Residential to High Density Residential and Business and deny the requested rezoning from R-1 to B-1 and R-1 to R-3 in the area described as Silver Springs 3rd Addition. 2) Reverse the recommendation of the Planning Commission and approve the request to amend the Comprehensive Plan from Low Density Residential to High Density Residential and Business and approve the area requested for rezoning R-1 Low Density Residential to B-1 Limited Business and R-3 High Density Residential. The Council will need to incorporate findings of fact to support the decision that is approved. These findings would be brought back to the Council at the next meeting for formal adoption. The Council's decision would not become final until these findings are adopted. Respectfully sUbmi~ ~ David L. Olson Community Development Director cc: Tim Giles, TC Construction City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission Lee Smick, AICP fJ--P Planning Coordinator FROM: SUBJECT: Application to Amend Comprehensive Plan and Rezone - Silver Springs 3rd Addition DATE: April 13, 1999 INTRODUCTION Mr. Tim Giles, TC Construction, has made an application to amend the Comprehensive Plan and rezone the vacant property located at the northeast comer of 1 90th Street W. and Pilot Knob Road. DISCUSSION Mr. Giles is seeking to amend the Comprehensive Plan from Low-Density Residential to Medium-Density Residential and Business and also to rezone the property from R-I (Low- Density) to R-3 (High-Density) and B-1 (Limited Business). The properties are currently vacant and are surrounded by low-density single-family residential. A portion of the properties, Block I Lot 5, is surrounded by three streets (Pilot Knob Road, 190th St. W. and English Avenue) which is the determining factor for the developer to seek a business use in this location. City staff met with Mr. Giles on November 3, 1998 to discuss the proposed project. He proposed Block I Lot 4 be amended and rezoned from Low-Density/R-l to High-Density/R-3. He proposes to construct a three-unit attached townhouse complex in this location to buffer the single-family residential to the north and the proposed business use to the south. The proposed parcel meets. City requirements for lot size and lot width. During recent discussions with the Planning Commission. concerning the creation of the B-4 (Neighborhood Business District), City staff determined that an appropriate location for the new district would be at the intersection of 190th Street and Pilot Knob Road. The purpose of the B-4 zoning district is to provide a setting for low and medium-density housing combined with complementary and supporting business land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. Mr. Giles is currently proposing to rezone from R-l to B-1 (Limited Business). The purpose of the B-1 zoning district is to provide areas along major thoroughfares for unified commercial centers oriented to serving automobile traffic. City staff has informed Mr. Giles that the staff would not recommend approval for rezoning the property to B-1. Staff has determined that this location is not appropriate for the types of uses allowed in the B-1 zoning district because the property will not be allowed to have access on Pilot Knob Road or 190th Street causing traffic problems. Staff is recommending that this parcel be rezoned to B-4 (see attached permitted and conditional uses) to provide services to the neighborhood without causing impacts to the adjacent neighborhood such as noise, noxious odors, reflections from bright lights associated with service stations, increased traffic generated from the types of uses permitted in the B-1 zoning district. Block 2 Lot 2 along I 89th Street does not comply with the existing R-I single-family residential zoning requirements. The City requires a minimum lot size of 10,000 square feet and a minimum lot width of 75 feet. The proposed parcel contains 8,255 square feet and a lot width of 65 feet, requiring that the lot be re-evaluated by the developer for lot size and width since this lot would require a variance of 1,745 square feet. The land area directly to the rear of Block 2 Lots I & 2 is reserved for a City park. ACTION REOUESTED I) Staff recommends approving the Comprehensive Plan amendment for Block I Lot 4 from Low-Density Residential to High-Density Residential and for Block I Lot 5 from Low- Density Residential to Business subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. 2) Staff recommends approving the rezoning of Block I Lot 4 from R-I (Low-Density Residential) to R-3 (High-Density Residential). 3) Staff recommends the denial of the rezoning of Block I Lot 5 from R-I (Single-Family Residential) to B-1 (Limited Business). 4) Staff recommends that the developer re-evaluate the lot size and width to comply with City standards. RespectfulI..~ ~ 0:.eL . Lee Smick, AICP Planning Coordinator cc: Tim Giles, TC Construction 10-3-2 , 0-3-2 (Ord. 086-177, 3-17-1986; amd. Ord. 088-198. 2-1-1988; Ord. 091-246. 5-20-1991; Ord. 092-284, 9-21-1992; Ord. 093-298. 2- -1993; Ord. 096-378 8-19-1996 (G) B-1 Limited Business District 1. Water recreation and water storage 2. Public buildings 3. Public utility buildings 4. Farm implement sales, service, repair 5. Offices 6. Wholesale business 7. Supply yards 8. Fast food establishments 9. Theaters 10. Mini storage units 11. Outdoor sales 12. Personal and professional services 13. Car wash 14. Solar energy systems 15. Day care facility serving more than 16 persons 16. Recreational assembly places 17. Auction houses (Ord. 086.177. 3-17-1986; amd. Ord. 090.227. 2-5-1990; 091.246,5.20-1991; Ord. 095-345, 1-3-1995) 1. Retail business 2. Auto sales. service. repair 3. Restaurants 4. Hotels and motels 5. Animal clinics 6. Commercial recreation 7. Recreational equipment sales, service and repair 8. Motor fuel stations. major 9. Clubs, health clubs 10. Home and trailer sales and displays 11. Parking lots (H) 1. Retail business 2. Restaurants 3. Offices 4. Personal and professional service 5. Public buildings 6. Auto sales, service and repair 7. Commercial schools 8. Commercial recreation 9. Animal clinics 10. Clubs. health clubs ,. Water recreation and water storage 2. Research laboratories 3. Public utility buildings 4. Solar energy systems 5. Multiple-family dwellings 6. Wholesale business 7. Supply yards 8. Funeral homes 9. Elderly and handicapped housing City of Farmington 597 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 099-423 An Ordinance Amending Title 10 of the Farmington City Code, The Farmington Zoning Ordinance concerning the B-4 Neighborhood Business District and by including permitted and conditional uses for the B-4 Neighborhood Business District. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 10 shall be amended by adding (underlined) and deleting (~) as follows: 10-2-3: ZONING DISTRICTS, PURPOSE: B-4 Neighborhood Business District is intended to provide a setting for low and medium-density housing combined with complementary and supporting business land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. SECTION II: Section 10-3-1 is amended by adding (1) B-4 Neighborhood Business and by adding as a permitted use the following: 1. Personal & Professional Services (not exceeding 3.000 square feet of gross floor area) 2. Personal Health & Beauty Services (not exceeding 3.000 square feet of gross floor area) 3. Non-Profit/Public Buildings 4. Dav Care Facilities 5. Residential Care Facility 6. Neighborhood Services (not to 'exceed 3.000 square feet in gross floor area) SECTION ill: Section 10-3-1 is amended as follows: (.:I) (K) 1-1 Light Industrial District (1') eM) C-l Conservation District SECTION IV: Section 10-3-2 is amended by adding (1) B-4 Neighborhood Business and by adding as a conditional use the following: 1. Personal & Professional Services (exceeding 3.000 square feet in grOSS floor area) J. 2. Nei~hborhood Convenience Stores (no gasoline sales. not exceedinlZ 3.000 square feet in grOSS floor area - no automotive reoair facilities allowed) 3. -Restaurants (no drive-through services. limited to 3.000 sq,!:lare feet of . gross floor area. no alcoh~l sales) 4. Funeral Homes 5. Animal Clinics (No kenneling allowed) 6. Pa,rking Lots 7. Multi-Family Dwellings 8. Churches 9. Schools 10. Light M~ufacturing and Assemblv (strai~ht trucks only. no tOInted or semi-tractor trailer trucks) .... ..-. 11. Clinics SECTION V: Section 10-3-2 is amended as follows: V) (K) I-I Light Industrial District (K:) (M) C-l Conservation District SECTION VI: After adoption, signing and attestation, this ordinance shall be published one time in the official newspaper of the City and shall be in effect on and after the day following :;u.ch publication. Enacted and ordained on the I st day of March, 1999. CITY OF FARMINGTON .JJ~ 0;1;- MAYOR ATTEST: rrfl~ C ~MINISTRATOR ~ Approved as to form tbe lit day of Marcb, 1999. SEAL Published in the FllfIIlington Independent the~day of ~ 1999. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 10-F TO: Mayor, Council Members, City Administrato~ r.JJ Lee Smick, AICP f) Planning Coordinato FROM: SUBJECT: May 3, 1999 DATE: Char1eswood 2nd Addition Preliminary & Final Plat INTRODUCTION The Genstar Land Company is seeking Preliminary and Final Plat approval for the 2nd Addition of Charleswood consisting of 54 lots and covering an area of 19.57 acres. The 2nd Addition lies directly to the south of the Char1eswood 1 st Addition. DISCUSSION A total of27 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 I st Addition. However, when the final plat for the 1 st Addition was approved on July 6, 1998, 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 amend the front yard setback requirements for the 2nd Addition. In the 1 st Addition, the Developer required a minimum front yard setback of 20 feet, however, the Developer proposes to increase the minimum front yard setback to 25 feet for the 2nd Addition as shown in the attached letter. The minimum setback requirements for the 2nd Addition are as follows: Front Yard Setback Street Side Yard Setback House Side Yard Setback Garage Side Yard Setback Rear Yard Setback 25 feet 20 feet 10 feet 5 feet 20 feet Street layouts in the 2nd Addition are shown as approved for the Schematic PUD. Street widths will measure 32 feet from curb to curb within a 60-foot right-of-way. 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 stated in the Planning Commission memo (see attached) and has also met the easement requirements described in the Engineering memo to the Planning Commission dated April 8, 1999. All major engineering issues have been resolved and Final Plat approval at the City Council will be contingent on the preparation and execution of the Development Contract and approval of the construction plans. ACTION REQUESTED Adopt a resolution approving the Charleswood 2nd Addition Preliminary & Final Plat contingent on the preparation and execution of the Development Contract and approval of the construction plans. Respectfully submitted, ~.~~ Lee Smick, AICP Planning Coordinator cc: Steve Juetten, Genstar Land Company RESOLUTION NO. APPROVING PRELIMINARY AND FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT 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 of said City on the 31d day of May, 1999 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, the preliminary and final plat of Charleswood 2nd Addition is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the 13th day of April, 1999 after notice of the same was published in the official newspaper ofthe City and proper notice sent to surrounding property owners; and WHEREAS, the City Council reviewed the preliminary and final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the preliminary and fmal plat be approved and that the requisite signatures are authorized and directed to be affixed to the fmal plat with the following stipulations: I. The major engineering issues on the site have been resolved. 2. Final Plat approval at the City Council will be contingent on the preparation and execution of the Development Contract and approval of the construction plans. 3. The Developer reimburses the City for all engineering, administrative, .legal and SWCD costs. 4. The Developer agrees to furnish the City one (1) reproducible and one (1) eight and one-half inch by eleven inch (8 Yz" x II") reproducible copy of the filed plat in accordance with Title 11, Chapter 3, Section 3 (E) of the City Code. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of May, 1999. Mayor Attested to the _ day of May, 1999. 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From: Date: April 13, 1999 RE: Charleswood 2nd Addition Preliminary & Final Plat Planninl!: Division Review Applicant: Genstar Land Company Midwest 11000 West 78th St., Suite 201 Eden Prairie, MN 55344 (612) 942-7844 Referral Comments: 1. City Engineering Division Attachments: 1. Plat Application 2. Letter from the Developer 3. Preliminary & Final Plat 4. Landscape Plan 5. Comments from SWCD Proposed Development: The second phase will consist of 54 lots. The total amount of acres for the second phase consists of 19.57 acres Location of Property: South of 195th Street and west of the newly aligned CSAH 31. Area Bounded By: Single-family residential to the north. The PUD designates high-density residential/commercial and medium-density/high-density residential land to the east, expansion of the single-family residential to the south and agricultural uses to the west. Existing Zoning: R-3 Planned Unit Development Lot Coverage and Sizes: The maximum lot coverage for an R-3 Single-family zone is 25%. Lot widths in the 2nd Addition (measured Setbacks: Streets and Accesses: Sidewalks: Topography: Wetland: Flood Plain: Developer Added Amenities: 20 feet from the front property line) range from 63 feet to over 95 feet. The developer has proposed minimum setbacks slightly different from the City guidelines: Front Yard: Street Side Yard: House Side Yard: Garage Side Yard: Rear Yard: 25 feet 20 feet 1 0 feet 5 feet 20 feet The 2nd Addition contains four to the north onto 195th St. W, with Everest Path providing the most direct access. Street widths will measure 32 feet from curb to curb within a 60 foot right-of-way. The street patterns will be curvilinear and continue in the same fashion as the developments to the north. A cul-de-sac is located at the termination of Excel Court. Sidewalks or trails will be recommended along all local collector routes per City Code requirements. Site topography is generally rolling except for some steep bluff areas along the easterly site boundary overlooking a small valley running between the low/medium-density residential parcel and the medium/high-density residential parcel and along the southeastern boundary of the low/medium-density parcel over looking the wetland area. Elevation changes range from 910 in the southern wetland area to 970 in the northwestern most portion of the site. Wetland areas do exist within the PUD but are not found within the 2nd Addition. The flood plain does not effect the 2nd Addition. The developer has attempted to keep all development out of the flood plain areas within the PUD. Entrance monuments and medians are proposed to at all entrances to the project. These monuments will serve as the gateway to the project. The Everest Path entrance will contain a center median and will be landscaped. The developer's intentions are to complement the monuments and alert vehicle drivers that they are entering a residential area. Landscaped cul-de-sac islands are proposed in the center of all cul-de-sacs in the development. Since a cul-de- sac exists in the 2nd Addition, the City is currently reviewing this proposal. A homeowners association will maintain the above amenities. Parkland and Trails: The Farmington Park & Recreation Board reviewed the 2nd Addition on April 7, 1999 and determined that the boulevard trees are required to be planted at 50-foot intervals rather than the 75 to 140-foot intervals shown on the plan. Additional Comments The Developer is seeking Preliminary and Final Plat approval for the 2nd Addition of Charleswood consisting of 54 lots and covering an area of 19.57 acres. The Charleswood Schematic PUD was approved by the City Council on February 17, 1998. The Preliminary Plat for Charleswood 1 st Addition was also approved for 110 single-family lots by the City Council on this date. For Final Plat approval on the 1 st Addition, the Developer reduced the number of lots to 83 because of changes in the housing market. The Council approved the Final Plat for Charleswood 1 st Addition for 83 lots on July 6, 1998 instead of the original 110 lots approved at the Preliminary Plat stage. . Therefore, 27 lots proposed to be platted in the Charleswood 2nd Addition were part of the City Council's Preliminary Plat approval on February 17,1998. The 27 lots that were part of the 1st Addition are shown on the attached illustration. The Farmington Parks and Recreation Commission reviewed the plat on April 7, 1999 and evaluated that the boulevard trees shown on the plan are not in compliance with City Codes. The plan shows boulevard trees are spaced between 75 and 140 feet on center. The boulevard planting standards require a tree be planted no closer than 30 feet, however, the Planning Coordinator may approve special planting designs by the developer. The Planning Coordinator has determined that boulevard trees planted every 50 feet or as close to 50 feet as possible considering street lighting, utilities or signage may be allowed in the 2nd Addition. The Planning Coordinator will be submitting this fifty-foot requirement in the Revised Landscape Ordinance coming before the Commission in early summer. The fifty-foot distance will allow for deciduous trees planted on the boulevard to have adequate space for spreading of the crown at maturity. The Engineering Division has attached their comments to this document. From this information, it is clear that issues need to be addressed concerning the easements on the plat. These issues, however, are minor and will not impede the approval process at the Planning Commission level. However, the easements and landscaping issues must be addressed before the 2nd Addition is placed on the Council agenda. Therefore, staff recommends that the Charleswood 2nd Addition Preliminary & Final Plat be approved and forwarded to the City Council contingent on Engineering and landscaping requirements. Recommendation Staff recommends that the Charleswood 2nd Addition Preliminary & Final Plat be approved and forwarded to the City Council contingent on Engineering and landscaping requirements. Respectfully submitted, v~):eL j;.:J;; Lee Smick, AICP Planning Coordinator APPLICATION FOR PLAT REVIEW DATE: March 5,1999 PLAT NAME: CHARLESWOOD 2ND ADDITION LOCATION: South of Charles wood 151 Addition (see attached plans) AREA BOUNDED BY: Charleswood 15t Addition to the north, P.U.D. designated high/medium density residential to the east (also part of the Charleswood community), agricultural land to the west and future Charles wood residential to the south. TOTAL GROSS AREA: 19.57 acres ZONING DISTRICT: R-3 Planned Unit Development NAMES AND ADDRESS OF ALL OWNERS: Astra Genstar Partnership, L.L.P., 11000 West 78th Street, Suite 201, Eden Prairie, Minnesota 55344. PHONE: (612) 942-7844 NAME & ADDRESS OF LAND SURVEYOR/ENGINEER: 7599 Anagram Drive, Eden Prairie, Minnesota 55344. Westwood Professional Services, NAMES & ADDRESS OF ALL ADJOINING PROPERTY OWNERS A V AILABLE FROM: See attached list. PLAT REVIEW OPTION: Preliminary and Final Plat PRELIMINARY & FINAL TOGETHER:Yes IN SEQUENCE: No PRE. AND FINAL PLAT ADMINISTRATION FEE: $1,536.00 PRE PLAT SURETY: $3,914.00 I HEREBY CERTIFY THAT I AM (WE ARE) THE FEE OWNER(S) OF THE ABOVE LAND, THAT THE PERSON PERPARING THE PLAT HAS RECEIVED A COpy OF TITLE 11, CHAPTERS 1 THRU 5, ENTITLED "SUBDIVISIONS" AND TITLE 10, CHAPTERS 1 THRU 12 ENTITLED "ZONING" OF THE FARMINGTON CITY CODE AND WILL PREPARE THE PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED THEREIN. ~ SIGNATU OF OWNER 3-.::>- ?/ DATE ADVISORY MEETING: 1. SKETCH PLAN 2. STAFF AND DEVELOPER CONSENSUS GENSTAR Genstar Land Company Midwest 11000 West 78th Street Suite 201 Eden Prairie, MN 55344 Tel: (612) 942-7844 Fax: (612) 942-8075 March 5, 1999 .jl.j.'~r;~5a;ili~ij/ 'iJ \JI I!U); , ~..... """"'-"-=oLz~,"",___...,....~,., J !..,//' ; Ms. Lee Smick City of Farmington 325 Oak Street Farmington, Minnesota 55024 . '~,'~'~' ...---..--..... Re: Charleswood 2nd Addition Dear Ms. Smick; Please find attached the required application form, fees and plans for Charleswood 2nd Addition. With this submittal we are requesting preliminary and final plat approval for Char1eswood 2nd Addition. This subdivision is an extension of Charleswood 1 sl Addition and consists of 54 single family detached lots. The layout of the proposed 54 lots follows the approved schematic plan. Along with the requested preliminary and final plat approval, we are requesting approval for a landscaped cul-de-sac island for Excel Court and a change in the minimum front yard setback. The island is proposed to be landscaped and maintained by the Charleswood home owners association. The change in front yard setback will increase the minimum setback from 20 feet to 25 feet. With this setback change, the minimums will be as follows: Front Yard Setback Street Side Yard Setback House Side Yard Setback Garage Side Yard Setback Rear Yard Setback 25 feet 20 feet 1 0 feet 5 feet 20 feet I look forward to discussing the submitted plans with you. Please let me know if you need any further information. Sincerely, Genstar Land Company Midwest ~ Steven P. Juetten Development Manager . Attachments. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farJl1ington.mn.us TO: Lee Smick, Planning Coordinator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Charleswood Second Addition - Preliminary and Final plat review DATE: April 8, 1999 Engineering has completed review of the Preliminary and Final Plat for Charleswood Second Addition and forwards the following comments: 1. Additional easement is required for the pond that was approved in Char1eswood 15t Addition (NW comer of Lot 4 Block 1). 2. The centerline of proposed swale is outside the easement along the west edge of the project (Lots 4 to 7 of Block 1). The easement needs to be revised to encompass the swale. 3. A minimum 20-foot easement is required for storm lines (between Lots 3 and 4 of Block 1, between Lots 10 and 11 of Block 1, Between Lots 13 and 14 of Block 2). 10-feet of easement on either side of the pipe needs to be provided. Engineering design alternatives in this area of the plat have been identified and may precipitate other easement revisions. 4. Emergency overflow swales need a minimum 20-foot wide easement centered on the property line. 5. An easement or outlot that completely encompasses the proposed pathway alignment including easement for SE comer of Lot 8 of Block 7 needs to be provided. These issues need to be addressed before the City Council gives final plat approval. All engineering comments forwarded in staff s review letter dated 4/8/99 need to be addressed before approval of the final engineering plans. . Respectfully Submitted, ~mm~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file John Erar, City Administrator DAKOTA COUNTY SOIL AND WATER CONSE.RVATION DISTRICT Dakota County Extension and Conservation Center 4100 220th Street West, Suite 102 Farmington, MN 55024 Phone: (651) 480-7777 FAX: (651) 480-7775 April 2, 1999 Mr. Michael Schultz: Associate Planner City of Farmington 325 Oak Street Farmington. MN 55024-1358 RE: REVIEW OF TH~ GRADING AND EROSION CONTROL PLAN FOR CHARLESWOOD SECOND ADDITION LOCATED IN THE SE V. OF SECTION 23 AND N % OF NE % OF SECTION 26, T114N, R20W, CITY OF FARMINGTON, MINNESOTA Ref: 97FRMOSS Dear Michael: The Dakota County Soil and Water Conservation District (District) has reviewed the Grading and Erosion Control Plan for the above-mentioned site. This phase of the CharJeswood PUD entails 53 single-family lots on approximately 20 acres; the entire site encompasses approximately 396.8 acres. This report summarizes the proposed erosion controls and submits additional erosion and sediment oontrol recommendations. EROSION CONTROL OBSERVATIONS We observed the following erosion and sediment controls on the plans: 1. Silt fence below most graded slopes; hoavy-duty slit fence below 3: 1 slopes. 2. One rock construction entrance. 3. Hay bale check dams at the outlet of three drainage swales. EROSION CONTROL COMMENTS AND RECOMMENDATIONS There has been 8 history of excessive erosion and sedimentation on this site and the following recommendations are designed to avoid future problems. 1. Install a temporary sediment basin at the back of Lot 4, Block 4 to collect and treat ronoffprior to discharge to the proposed temporary swale. Another temporaI}' sediment basin may be necessary south {)r LOl 9, Block 1 to control flow from the proposed swale. ,~, Di vert runoff away from the historically unstable slope adjacent to Block 7 to a temporary sediment pond. Convey overflow from this pond via a slope drain to the existing, large sediment pond at the loe of the slope. 3. TempOTaJy sediment basins must be oonstructed properly to be effective. A stabilized emergency spillway must be installed. Further. install a temporary riser at the sediment pond outlet to optimi1.e sediment trapping efficiency. AN EQUAL OPPORTUNI1Y EMPLOYER , Cbarleswood PUD 97FRMOSS z 4. Line all JX.nnanent and temporary drainage swales with high velocity erosion control blanket prior to installing check darns. Prcseed these areas. 5. Use rock checks, sediment log ditch blocks, or other city-approved device in place of hay bale checks. InstaJI these devices within all swales and other areas whc:re intensified flows are expected at approximately 50' intervals. 6. InstaJI check dams on the proposed btke path. 7. Minimize disturbance to existing vegetation in future phases of the project to the extent possible. 8. Modify the General Note regarding site-dewatering to include the following: · Water pumped from a depressional area must be discharged to a sediment pond or filtered prior to discharge to a wetland, waterbody, or storm sewer. Silt fence is not designed to withstand the force exerted by channelized flow. · Trenches cut to convey water from a ponded area must lead to a sediment pond or other sediment control prior to diScharge to a wetland, waterbody, or storm sewer. · All sediment basins, inoluding temporary ponds, must have a controlled and stabilized overflow. · Energy dissipation devices must be installed where the trenches and pump hoses disc;harge to areas with exposed soils. This may not be necessary ifpump hoses are discharged to a stablo, vegetated area. 9. Install silt fence at the toe of all down-gradient exposed slopes. 10. Once the proposed storm sewers are in place. inlet filters with emergency overflows should be installed to minimize the amount of sediment entering the stormsewer. Ibis is critical during the period following utility lnsblllation prior to street paving, and should be oontinued until the site is stabili?'.ed. I 1. Install silt fence, a double row of sod, or alternative devioe behind curbs and the downslope gradient between lots (immediately after curb construction) to minimize runoff from lots during building construction. 12. Show type of energy dissipation devices at all stann sewer outlets, inoluding outlets from temporary sedimt."Tlt basins. 13. Include details for all erosion controls on the plan, especially the ditch blocks and erosion control blanket. 14. Include temporary and permanent seeding, mulching, and fertilization specifications on the plan. 15. Include notes regarding specific NPDES pemrit requirements on the plan. including inspection, stabilization. and maintenance timing. Thank you for the opportunity to review this plan. Good implementation, consistent monitoring, and maintenance of an erosion control measures are important to minimize erosion on this construction site. PlelZse be aw"re th"t beclZuse the project disturbs more thll" 5 (teres. the applicant mllst tlpply /0'" MPCA General Storm water Permit Ilt Isut two days prior to 'nUllltlng collStrJlctio,.. If you have any questions please contact me at (651) 480-7779. Sincerely, 9o~ Jay Riggs Urban ConsQVationist cc: Mr. Jeny Auge. City of Fanning ton Mr. Jay Michels, MPCA . TOTAL P .1213 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us I~ TO: Mayor, Counci1members, City Administrato~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Appointment to Vacated Planning Commission Seat DATE: May 3, 1999 INTRODUCTION A seat on the Planning Commission has been vacated and must be filled. DISCUSSION The City Council, at a special meeting held at 6:00 p.m. earlier this same date, interviewed the following candidates for appointment to the vacated Planning Commission seat. The newly appointed commissioners term will be in effect from 5/3/99 - 1/31/00. Craig Cardinal Benjamin Barker Tim Dougherty Upon approval of the City Council the newly appointed commissioner will be notified by letter and will receive an Oath of Office and Certificate of Appointment. ACTION REOUIRED Approve the appointment to the Planning Commission for the above stated term. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: John. F:. Erar, City Administrator SUBJECT: Supplemental Agenda DATE: May 3, 1999 It is requested that the May 3, 1999 agenda be amended as follows: PETITIONS, REQUESTS AND COMMUNICATIONS 10 (h) Castle Rock Township Revised Joint Powers Agreement Analysis Attached is additional information regarding this item. Respectfully submitted, John F. Erar City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us lOA TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Castle Rock Township - Revised Joint Powers Agreement Analysis DATE: May 3, 1999 INTRODUCTION As Council is aware, Castle Rock Township has submitted a revised Joint Powers Agreement (JP A) that substantially affects the City's financial and legal position relative to the reconstruction of Ash Street and construction of Phase III of the Prairie Waterway. This analysis will provide Council with a brief overview of the changes and implications associated with the Township's proposed revisions. DISCUSSION In comparing the Joint Powers Agreement that Council adopted on April 5, 1999 with the revised JP A submitted by the Township, the following changes and issues were noted: Joint Powers Agreement - Recitals . The title of the Joint Powers Agreement has been revised to include Property Tax and Annexation Issues as an expanded scope to the original JP A. . Under the fourth Whereas paragraph, the Township has added subdivision (9), citing that the Joint Powers Agreement will now "provide for a resolution of property tax and annexation issues" . Issues/Concerns: As Council may recall, the primary purpose of entering into the Joint Powers Agreement was to establish a new basis for investigating and confirming project costs associated with the Reconstruction of Ash Street and construction of Phase III of the Waterway. The Township now desires to definitively address annexation and related property tax issues, without the benefit ofthe updated Feasibility Report. In staffs view, discussing and committing the City to a position of annexation issues is premature as the Feasibility Study has yet to be conducted and the project authorized. An appropriate avenue to deal with annexation and related issues would be through a separate Orderly Annexation Agreement. The issues at this point are too ill-defined until the outcomes Mayor and Council Members Castle Rock Township - Revised Joint Powers Agreement Analysis Page 2 of 4 of the Feasibility Study are known. Attempting to deal with the Township on annexation does not allow for any discussion on a number of project-related issues. For example, how project related fees will be collected from Dakota County Fair Grounds and Dakota County Extension Facility property. . Under the last paragraph under Recitals, the Township has deleted some fairly significant language relative to the words: "jointly" and "equal". Issue/Concerns: The deletion of these two words is contrary to Council's position that the costs of this feasibility study would be "equally" shared between the two jurisdictions, and essentially changes the very nature and character of the joint powers agreement. It would appear, from the deletion of this language, that the Township is no longer willing to bear an equal cost burden of preparing a new feasibility study. Issues relating to equally sharing the cost of an updated feasibility study were a critical aspect of previous Council-Township discussions. Joint Powers Agreement - Agreement of the Parties Section 2. Feasibility Report. The implications associated with these changes raises the issue of one jurisdiction having to bear the entire cost of their respective portion of the Feasibility Report even if the cost was far greater than what the other jurisdiction would experience. This change is contrary to the Council's position that each jurisdiction equally share in the costs of preparing a new Feasibility Report. Council should be advised that the City Engineer and Township Engineer have already agreed that the Township would prepare the updated study for Phase III of the Prairie Waterway, and the City would prepare the updated study for Ash Street. The significance of this engineering agreement resides in the fact that the amount of engineering work and resulting time relative to Ash Street is far more substantial given the design of utilities, the design of a storm sewer system and coordination with Dakota County on the reconstruction of the roadway. This change virtually assures that the City will bear a more significant cost than the Township in preparing the updated feasibility study. Section 5. Feasibility Report Cost Allocation. The revised language clearly stipulates that each jurisdiction will pay its respective costs associated with the updated Feasibility Report, unless the project is ordered in which case the costs of the Updated Feasibility will be allocated according to project construction allocations based on storm sewer flows from affected properties. This essentially leaves the City with the greater cost unless the project is ordered. Again, minimizing the financial risks for the Township in the event the project is not ordered. The fifty-percent cost sharing language was agreed to by Township representatives at the last fully attended project subcommittee meeting. This section significantly changes the very nature and character of the joint powers agreement and the very premise of the Council's previously adopted Project Principles. Section 6. Easement Acquisition. This section was added by the Township and provides that the City will bear all costs associated with acquiring easements regardless of their location, and Mayor and Council Members Castle Rock Township - Revised Joint Powers Agreement Analysis Page 3 of 4 that such would be treated as separate project costs. Implications associated with this language subjects the City to paying these costs external to normal project expenditures. Given the fact that any easements associated with construction of Phase III are entirely within the township, and that other easements associated with placing sewer and water main connection points are located, with the exception of one property, in the township, cost implications for the City are significant. This section significantly changes the very nature and character of the joint powers agreement and the very premise of the Council's previously adopted Project Principles. Section 7. Construction of Improvements. This section was added by the Township and provides that the City will pay all costs associated with any improvements either in the City or Township, with the exception of improvements under the jurisdiction of the County. It would be staffs understanding, that the construction of utilities, storm sewer and other miscellaneous costs would be the City's sole responsibility and could not be assessed against benefiting properties. Furthermore, by stipulating that all costs, "except to those Improvements under the jurisdiction of the County", would suggest that the City would also pay for improvements in the Township as those improvements are not under the jurisdiction of the County. This section significantly changes the very nature and character of the joint powers agreement and the very premise of the Council's previously adopted Project Principles. Section 8. Access to the Improvements. This section was added by the Township, and provides that the City agree to 1) allowing properties to connect at "any reasonable time", and 2) to "Pine Knoll type hook up charges". Moreover, based on my understanding from discussions with Councilmembers Cordes and Soderberg, that the City will credit private property owners for the value of their on-site systems. These changes substantially violate City and Council policies relative to connection periods (no more than two years), and would, under "Pine Knoll type assessments" reduce the City's ability to fully assess township properties for the cost of the improvements. Furthermore, crediting private properties for on-site systems raises significant practical, legal and statutory issues. This section significantly changes the very nature and character of the joint powers agreement and the very premise of the Council's previously adopted Project Principles. Section 9. Annexation and Property Tax. This section was added by the Township, and places a number of highly complex issues before Council associated with annexation and property tax shifts. As previously stated, agreeing to negotiate annexation issues at this time is both ill- advised and premature and could place the City at a significant disadvantage until the findings from the Updated Feasibility Study are known and clearly understood. In terms of the opening paragraph of this new section, a number of statements characterizing the City's needs and historical references to past annexation efforts are somewhat ill-defined relative to their intended purposes. However, regarding the City's needs to complete Phase III of the waterway, the City has indicated that the driving force behind this project are primarily associated with controlling storm water runoff from predominantly township properties, as well as responding to failing septic systems that must be updated pursuant to State environmental laws. Mayor and Council Members Castle Rock Township - Revised Joint Powers Agreement Analysis Page 4 of 4 With respect to the second paragraph of Section 9, these issues are best discussed under an orderly annexation agreement. This office has had very preliminary discussions with Councilmember Cordes relative to the Township's request of no "forcible" annexation of properties that do not connect to the City's public utilities for a period of twenty (20) years. While the Council has indicated no interest in annexing township property that does not connect to City utilities, language that could potentially lock the City into a long-term agreement should be carefully investigated and thoughtfully considered. This type of discussion, again, is most appropriate once the feasibility study has been updated. For example, how would the City deal with property owners who want to annex into the City for services but where the provision of service would cross onto unwilling properties? A myriad of questions yet to be raised or identified could ultimately impact Council decision-making on this and related annexation Issues. RECOMMENDA nON In the final analysis, the issues will become increasingly complex once more information is available. Accordingly, the Updated Feasibility Study will provide both jurisdictions with the information necessary to advance to the next step in the process. Other issues involving the Fair Grounds and Dakota Extension Service need to be addressed relative to their ability to underwrite project assessments that will finance project bonds. In conclusion, not enough information is available to address annexation or to commit the City to anyone course of action. ~ .es. ectfully Submitted, / ~k hn F. Erar . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /Oh TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Castle Rock Township - Revised Joint Powers Agreement DATE: May 3, 1999 INTRODUCTION My office recently received a copy of a revised Joint Powers Agreement (JP A) relative to the proposed ordering of a new feasibility study by the City and Castle Rock Township. Significant changes have been made to the JPA by Castle Rock Township officials and, consequently, additional review of these changes by staff will need to be conducted in order to fully understand the related City implications. DISCUSSION While a very preliminary review of the revised JP A has taken place by my office and City Attorney Jamnik, a more comprehensive review will need to be conducted relative to thoroughly examining the legal, administrative and project cost related implications. An analysis of the revised JP A language will be presented to Council at the May 3, 1999 Council meeting. BUDGET IMPACT At this time, a preliminary review of the revised JP A, sections (2), (5), (6), (7), (8) and (9) strongly suggest that a significant increase in City project costs would occur if the project were ordered under the new and revised provisions of JP A. ACTION REOUESTED For Council information. Attached please find a copy of the draft revised JPA as presented to City officials by Castle Rock Township and a copy of meeting minutes as prepared by Councilmember Cordes. I Submitted, fohn F. Erar 04(2~!1999 08:47 ~~T~,(~' 651-463-7737 '1-1a.'U~ l 1~:~5 ZMP NATCA ~l::Vt:H:suN ~l"lt.!-Wi'('" PAGE 01 L,lOJCJ1U/.J; oJl 0 /f}/i'i; Jl'1~ JOIN'r I'OWEIlS AGrBEEMENT ""V:.Ji./'U POll THE PREPl\RJ\TION OF A )?~LlMIN'ARY ENGINnEIUNG FEASmn..ITY !l.EPO.RTt AND POSSIBLE CONSTRUCTION AND FINANCING OF lMPROva,.JENTS TO ASH STREET /PHASE III Of PRAIRTE WATER WAY AND PROPERTY TAX AND ANNEXATION ISSUES 1N TIm SOUTHEAST AREA O)t TFiE CITY OF FARMlNGTON AND PORTIONS OF CASTLE ROC~ TOWNSHlP. THIS IS A JOINT POWERS AGREEMENT entered into under MiM. Stat. i471.S9.. by lUld bc:twl:c:n lhe CITY OF FARMINGTON. a Minnesota Municipal Corporation ("'Farmington") and the TOWN OF CASTLE ROCJ(~ q Body Politic and Corponrte eCastle Roc;k:M) for ,be P1,l'1'!;UC of 'Pl~. construainS. and tina.nci~g irnprgvements to Ash Street uKf surrounding areas within Ihe City and TaWIl, including street, sanitary and storm sewers BIld related improvem~t.s and 1"C:Solution ot o:::rt.Un anne;.cation and property tax j$SUc~. .RECITALS WHBR.SAS, fiUl'l"litlgtQn h~ II. ~Dl1,1tory c:.ity of the State: af Mit1.tlie$Ota and ~an rmercise aU ofrhc: powers of. 3ta[utory ,ity; and WHEREAS~ Cas de Ro..k is il tOW1\ of tho; StalIC of Minll~D1a lUld Ql(l ~~ciac ~1 of tbe powers of a lOwn; an4 WHF.~P.AS, FatmlngtCln and Castle Rock hava been activeJy lnvolved in the: study and review of certain PQtc:mial public: tmprnvet'Jtent project$ int;Judhlg rccohslNCrins A$h Strcct, the: cqmU\1eD.Ol1 of Ph.ue 1U of the Pl'lirie Wilter'f'illY. CQrrec:ting or improving !t"tonn warer IIlIlIlBjemeflt in the project Ilrtll, providing Al'\jt8ry sewu and watet sc:rvic;e to property C1wnuR withita the b~ti.oa ~ea, and. atha' rclate4 illlprov.ernlSilts; aod . WHEREAS. the public: improvement proj<<rll involve areas within. both junad.iclioDS 10 \Jaryin.g d.egr"li and the eol\5tN~on of'the n~allBry and beneiic,ial ~blic jmRrolt~tml15 may be best a'~pli&h.ed tbrouJ,dl the cooperation ofFasmington and Cas,tic RD6.':k by srudying. financing, c:onnNcUng. ope"uing ~ ~g the plJbJi~ imllrovltDl= projects; lUJd WHEltEAS. FlJmlIngton and CUlIc Rock are _ntoring izu:o this Joint POWe'l"$ Asn=tmI~t l() aud~ and provicle a feuibility repon ilddr~aing me fiftanc:lna. ~tnlctio". operation and mauuen&nce of the.so publi, Improvements in ord<< to; (1) ted.uce. to th.e gr~tt'r p~"i~ ~tJml. (hI;: public; "pit.al e:xp~iturcs the na:csW)' for the; idcnti cd inJprovemmts; (2) abate poU\ltion~ (3) ~aJ1tnd e;(~essive rates and volume of~nofP, (4) impr wiler q~eJ.ity; (S) pfGVetll tluoding and erosion from surface tlows; (6) provide II. reliablo d ,afc :iOI.1rc;e of ~rinkina water: (7) e:nh~t;a the public; lransponllllon and n.llld sy.toro __r't'in tbe area; (8) se.:ure l:SIl gth~ b~nef:itl,i associated with the jrlentific:d potential public improve s; and (9) provide fur a ~lution of property tax and lLItnQB.t1~n i:l~C:': PM i .~ ~@6a-r~ 0~!26!1999 08:47 sth &~;: 651-463-7737 q-l~w58; 14;45 Z~P NATCA SEVERlSON sliElOON.... PAGE 02 4t):jl:ilU7;/# 4.1 0 i r.." ...,.., f I'" .' I . .-, r- : L'~':;~\ r:'.:/ 'lUU' . .. , "'" ! :J[",:::':I' J' , ~~. J i '"'. WllEREAS, F&CI'lll.Qgtan ~d Ca~l~ RQU agree to IWH~ in the C;;OSlS of preparing l\ ne...... f=oui.bility report with cal;b jurisdictiol:\ aar~ing to un~tc a share of the: co~l of prc:pllrins, revi.awing Dnd dc:;V(;loping a nc;w project feasibility repc)Yl" : AGREE~TOFT8E!t~ I NOW, THEkEFO~ in 'Oni'iid&:tltlOn of 1he, mutual promises contained herein. Farmington Uld C~tle RQCk a~ liS foUo..9; . ~lion 1. Pfai~ Descriotion. The Proj~ io be ~tudied indudes the recQJlstNctlon of Ash SC'eet and the: cgnsrruCt.10fl ofP~s, III Qftbe Pmirie 'flatarway by the patties in cooperation with Dakota ccum)', sanitary Elewe:r improva;ncrJtJ to PIlJ,*rtic.a in ,che Untnc:diatc 'Vicin,it)' of Ash Strr:&rt. both withil'llU\d ou~idc the Cil'y lIS nCt;;e9Sl1ry. stO~ wiler improvt;;'l'nCQlJ in tbe drainage 1lIC3 within &lIe hydrogf.:Qlogic bQl.Iudulc, of the area, the provbion of pub6c;Iy supplied Qrinkinij wiiLter io propenies within the area, and gthcr ~CIIII"y or rda.ttCI implOYQ11l;nb identified u pm ot'thc prepuali~ Qfthe feuibili\)I r.;pon (all h~tan&fter rc{erred to as tb~ IIImpro:v~cnt$;It) _ Section 2. le;.u[bility Ill;DCU1, Farmington and CUI~e Rock shall causa to be preparecl by rhe:ir (c:spt:::to1ivc pll1fcssionlll ~~ rtgillotCfcd in. lh!ot Slate of Mit.rleiQm. it. r~ibilit)' repoft iUf the p(oject. The Panies ma.y approve, reject, or require! ift'Icndcnents or modifications '0 ~hc r~Qn as Ilpprcprialc. h~evet'. clli.c:::h piU1y mpst al~ptllhe feasibility repon prior to public; hCllrings. Th~ PartiOill agree ~ taanin!ton &ha1I pnpU"e itha Ruibilisy r.port lbt Ihs (oBowing improvancnts: I', !he Parties a.s.ree that Cutle Roc;k sbaU ptepat9 lhel' fea.&ibilily report for' the roUowina unprt;rVements; I . Section J Resoonse to Feuib~lity LpoR, Afler ~repanttian of the Report. Fanningto" and Cutle .Rock hateby agrac to hold 'uQ, public b~rin~:or ~il'Igs either jointly or separately to discuss the l:OJ]5tlucQan and finan"l.ng ofthc Improvapents identified in the rc:::pon and may joindy order 1he prepamion of Pl~ and 5peoifiClrtiCln~ or other do~t:I prior to jgintly ordering any impravcmem.9' identified in the report. The e~eaution of this qteetnent bct~= thl: two PartieJ doeJ not ~nnnit either party at this time t() tbol'laled imprOvements, ~!2.g.j"..r..~rth~ ,\ssq~ces. The Pai'tit!S llgree i'l rhey will in good faith Cltccute the doc:u.melItf or la\(e other acdons as may r~y be ~ fOl" ea~ P~)t 10 Qilrry out il' f(:.$pcCl:iyC obliga~ion:jl to coopera.tively prepare the Fcaalbl*" .Report, ! j _ Section S..!s:l.nzm!x..&J!5tll~{!~.~li2n, :Both lParties ~ L9 .;:oorab\alfl; prcpllrlltiun of the FGlIliibilil)l R.q:aort through each jLlmd,iQtlon11j CI1pcsring repre8erlu.u'lrc:l. Both PartlCII iJgr~ to sta.re i1\ me """st of preparing an updated F".asibl.(ity R~n to the;: most pn,aica1 cM~t possible. Upon ~olflpl-=tioD and acc:cptanQll bft13c updated fcuibility kcpt)lt by bath jurisdiGtians, eat=h party agn:c$ to PIlY its c;o3t of pt~...i~ the: \Ipdat~~ Feuibilit)' 'Report. Ho~wc. if the project is ordered. th~ (;Qst Df th= Fea.i1;1mty Tlcpl;ln pr+nrtloJ\ witt be allocated according to project co1'lStNccic;m all~BtiornJ. Failure to (ltd.... the p~ject dC'lllla not su'bjc;:el t::ithcr 'Party to reimburse an)' loS! to the otber Party. ; , 2 SOO BY: 4'-] ~-99 ': ____ . . . _ _ _~1';1.P J-I.fIJ.QA_. 14:~l:i ~ -, 'St:.\!tKSUN ~Ht:lJJU~ i PAGE ~:? _ LlMt),LV {. ~ ~} . o' , 24~t.~/,lj~2 .~8_: ~7...". 551,-,~~~:-n~'L,.. f-.............., ~ 'i' .' ", \;' "":1';-;] U..'.. -,oI1i \I. U' ~: . t -~ ~ i. \' .,-~ -.; 'I ,.. t" " I .~ ....~, oc..J L: #' ~l9Jl~. E-.setnjtut A(\Q.ui8itl~. In the ~~rt \~~ tbl:! lmptv'Wl;rm:'l1ls are jointl,v ord~r~. F81miagton shall acqvir~> at its sol& ~osC and ~'l'l~npe. all 1.lB~~U3fy ellSl:lDCftlS. in. either jurisdiction. u required by the llT1provemen~s- ! I .. ~ection 7~..c.~sr.ruaion 9f.!mRro\'C.1Jl~:f. FIUmi~oJl will constrl.lct, at its sole: cost lrtd expense. all IrnpfOvemctlls c~~ to UttJ$\!:.lmprov~'u unckr the j~ri5diclion of the County. F~U1gton ,hall operate, rnaultlun and replUf the Imprcv~rne:rUs as feq,UJred. i _ Scc:tjpn 5. Ac~r;~ .!li! t.he Irtn:lrO'*~,~. Fanr~.on ~$ thilt Castll: Rock pro~ies shall have a~ss t.o and. ~haU be Bllawed to "'h(lClk..up"I to the improvemebtll 'ltl any reasonttble time. Callda Rock properties ghall pa)' "Pine l(nQ1l" type hook-up cha.rge~ indtJding offset of ~propriate cn::d1u. I Jc:aion ~,._AnmtMlign ROd P.r.~perty TM. The P~ies ackOQwl=p thai Fanniagtou is in need of hay;ng the frlWie Waterway Ph:a~c 111 oodtinue~ Ind Qornpletcd. l'hb pcr.rti~ulat impl'Qvement is nOl able to ~ fo~ard withOllt thF coop~tion or CllUIe l'lDc:k, wbLeh ~cpera1ion Cutle Rock i. \"lilliog to prcM.d~, H.C)wev~. the Parties also acknowt~ge tbat in 1995 ~hen: wa$ a . lengthy and coS'tly aqne"atiQn pr~ceeding wherein Farmington proposed 8M.~ Castle ilQck property, '1'he Parties agree ~t th~ lmpr~enl.$ or access to die impruvemenu will not mek., a.ay Castle lloc:~prape~y \.Ii~lln or ~urban in chlltlWter. ~~ ~ezf~, FUrthlUt the lamelJ .agree 'LI'uu; (1) fur a penOdiof t~ ('20) yews from 8lJd IIflCf the: dale of dli, AI!P'=m1U)l thtJ..~ will be no ~;atio~ of Cast'., 1tDck propertY iNtian:d. by FlU'mil)gt\1n witbout 1he c:onsent of'Castle Rock, und (2)lln rhll: event tlmt Castle Raclt propcrt) i. voluntatily annexed into the Cit)- of'Farn:U.ngto.ft then: (Bj CR91:Je !lock \ViU nteeiw 1000/. orall tax - fjJI.~;;", ~ payn'lQlt' for t~ )'ean fQUowing the anneutio.n; and tb) withoUt the l;:cnsen1 uf Cb"tle Rock, P '^'" ye T F~n wilt not c;hMgc t~e use of the propert'J 1IJ1nrXfSd so ICl"l as the propil!ll'ty jtf rro~ding ~. lIU: ...eun'outaeraeat to Castle 'Rode. i I ~ection 1 O. Bltf#~ Afreentcrr\:. This Agreement! constitutes tbe entire agreement among th. Parries and super.es all prior written and oral und~rtlranding,. , I . Sec:tiQn 11. Ame!!dg)cnb. Arty 8.T'Jtendm~t to l~ Agreement or Walwr ttr modifications ofils provisioq must in l1lI1iting JHl.d "gJ1ed by both Pani~$. . I Ss;ti~:m 12. E1[~ve Plte. TN$ Agrcenu:nlt is d,Fscti"fe when it has 'been. ueculed by both Panics. TN WITNESS WHEREOF. the Pmtll::' berel~ ha\'e cRCllt~d ,m., Al9'~t::n1 on the date(.s) 'Shb'lJ/11 belOW'. 3 04/25/1999 08:47 t_.-. 2(.\-' 1 ~!;:I:::t. Il.',~ I ':.LMI.l 551-453-7737 r K,ur..:.1 U.......I.....U I~' '=-L-:",.' . . - 4-\3-S3; 14=41; SENT BY: CITY Of FARMINOTON By: Its: ~yc, B1:__. lts: City Clerk ~,?t1P J!(j.TS:~ - . ~S6N ,SHELOON- PAGE 04 4"tl;JtHU'I:# ~I b f7:" "-, L/'. " > :'.'~ i...... ., .. ! .... ..;) 'TOWN Of CA$lLE R.oCi...';~:~A~'~~.i jj By: . Its.: Chair By; Its: CJerk 4 Ash Street Committee Meeting April 25, 1999 Present: Al Angus, Norb Kuhn, Gordy Wichterman, Kevan Soderberg, Lacelle Cordes Propertv Along Southeast Side of Hwv 50 Castle Rock recognizes that this area will be included in the project area, and that this area will be serviced by City sewer and water. The issues still remain on the retention of the tax revenue generated by this property. Castle Rock wishes to retain this revenue for a period of 10 years, 100%, after the completion of the project, and properties are annexed into the City of Farmington. Timeline for Properties to Hook Up What is the City of Farmington's policy on properties to "hook up" to city services? Would the City be willing to allow property owners more time to hook up? Sanitary Sewer Trunk Line What area is the City considering to be accessible to this line? When the line is completed, how many households would this line service (total households)? Would the City be willing to pick up more cost for trunk line? Reasons: Elimination of lift stations Middle Creek sanitary sewer line and Fairhills lift station If treated as "trunk line," would it decrease assessments to houses? Where would the connection be at the Sienna project? Engineers Castle Rock's Engineer gave Lee a conceptional plan for Prairie Waterway(?). Does Lee concur if this works? Could a cap of $30,000 be put on the cost of engineers developing a feasibility study? Does Farmington agree to pay for any cost which goes above and beyond the set cap fee for their engineering costs. Commercial Area Is the City of Farmington committed to keeping this area zoned commercial? Prairie Waterway If Castle Rock puts in waterway, they would like to retain control of property. Exceptions - see #9. Attachments: Revised Joint Powers Agreement - Castle Rock Other points of discussion Respectfully submitted, Lacelle "Pete" Cordes City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmin~on.mn.us I/a, TO: Mayor, Councilmembers, City Administrato?- FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Trunk Highway 3 and Willow East Frontage Road Improvements - Feasibility Report DATE: May 3,1999 INTRODUCTION Attached is the feasibility report for the Trunk Highway 3 (TH 3) and Willow Street east frontage road project. DISCUSSION The improvements to the east frontage road along TH 3 at Willow Street are proposed to address traffic and safety concerns at the intersection of the frontage road with the trunk highway. This project has been selected for funding through the Department of Transportation's Municipal Agreement Program. In exchange for State funding on this project, the City will need to accept the turnback of this frontage road from the State. The completion of the frontage road improvements is also a condition of the plat for Glenview Townhomes and Commercial Development. The Development contract for the plat outlines the developer's responsibilities in relation to the project costs for the frontage road improvements. Two options for reconfiguring the frontage road intersection with TH 3 are presented in the report. 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. Right-of-way will need to be acquired from Wausau Lumber and the property owner that owns the abandoned railroad right-of-way (currently in Empire Township) north ofWausau for either option. BUDGET IMPACT The estimated project cost for the two options, not including costs for right-of-way acquisition are outlined in the table below. It should be noted that the option selected will depend upon the outcome of negotiation with the affected property owners. A review of the options as outlined in the feasibility report will be presented at the Council meeting. Estimated Project Costs Item Option 1 Total Option 1 Estimated Cost $92,000 $3.000 $95,000 Miscellaneous costs Option 2 Total Option 2 $129,500 $3.000 $132,500 Miscellaneous costs MnDOT has included this project in their Municipal Agreement Program and has indicated that the State would fund $75,000 of the construction costs and $6,000 of the construction engineering and inspection costs. The remaining costs will be funded by the adjacent property owners that are currently in the City. The development contract for Glenview Townhomes and Commercial stipulates that the approval ofthe plat is conditioned on the following (Section 2c): (that) the Developer pays $1000 per building permit issued for each of the first forty-five townhome units, said amount to be held by an escrow agent mutually agreed to by the parties for the purpose of paying a portion of the Developer's obligation for necessary improvements to the east frontage road along Trunk Highway 3. Interest on the escrow account will be payable to the Developer. No additional building permits will be issued for any other units beyond the initial forty-five until the Developer provides full payment or a surety acceptable to the City for the full amount of the costs of the frontage road improvements based on the estimated final project costs. The City will continue to pursue a cooperative agreement with MnDOT in anticipation that MnDOT will participate in some portion of the costs to improve the frontage road. The City agrees to make reasonable efforts to assess or otherwise collect from other benefiting properties. In the event that the City is unable to impose or collect from other properties, then Developer shall pay the full cost of the improvements. In addition to any other remedies for default by the Developer, the City may assess the full costs of the frontage road improvements to any or all of the lots created by the Plat. The improvement of the frontage road is hereby agreed by the parties to confer special benefit to the Plat, and the Developer and any successors or assigns, waive any procedural or substantive objection to assessments for the construction of frontage road, including any claim that the assessment exceeds the benefit to the property; Wausau Lumber is the other property in the City adjacent to the improvements, and the City will make reasonable efforts to assess Wausau for their proportionate share of the project costs pursuant to M.S. 429 or other negotiated means. ACTION REQUESTED Adopt the attached resolution 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. Respectfully submitted, ';z: 111~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Proposed RESOLUTION NO. R -99 ACCEPTING FEASIBILITY REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AND CALLING FOR PUBLIC HEARING PROJECT 99-02, TH 3 AND WILLOW EAST FRONTAGE ROAD IMPROVEMENT PROJECT 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 3rd 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, pursuant to Resolution R53-98, adopted May 18, 1998, a preliminary report has been prepared with reference to the following improvement: Proi. No. 99-02 Description East frontage road improvements Location Trunk Highway 3 and Willow Street WHEREAS, this report was received by the Council on May 3rd, 1999; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost- effective, and feasible. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Farmington, Minnesota that: 1. The feasibility report is hereby accepted. 2. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement less right-of-way costs, of $132,500.00. 3. A public hearing shall be held on such proposed improvement on the 7th day of June, 1999, in the Council Chambers of the City Hall at 7:00 PM and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 4. Glenn Cook is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of May, 1999. Attested to the 3rd day of May, 1999. Mayor (SEAL) City Administrator/Clerk Feasibility Report for Trunk Highway 3 and Willow Street East Frontage Road Improvements Farmington, Minnesota April, 1999 File No. 141-99-105 j fI j Bonestroo ~ Rosene ill Anderlik & 1 \J 1 Associates Engineers & Architects April 27, 1999 80nesrroo. Rosene. Anderl1k and ASSOCIates. Inc. is an Affirmative Action/Equal Opportunity Employer PrinCipals: Otto G. Bonestroo. PE. . Joseph C. Anderlik. PE. . Marvin L. Sorvala. PE. . Glenn R. Cook. PE. . Robert G. Schunicht. PE. . Jerry A. Bourdon. PE. . Robert W. Rosene. P.E.. Richard E. Turner. PE. and Susan M. Eberlin. C.PA.. Senior Consultants Associate Principals: Howard A. Sanford. PE. . Keith A. Gordon. PE. . 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. PE. . Kenneth P Anderson. PE. . Mark R. Rolfs. PE. . Sidney P Williamson. PE.. L.S. . Robert F. Kotsmith . Agnes M. Ring. Allan Rick Schmidt. PE. Offices: St. Paul. Rochester. Willmar and St. Cloud. MN . Milwaukee. WI Web site: www.bonestroo.com Honorable Mayor and City Council City of Farmington 325 Oak Street Farmington, MN 55024 Re: Feasibility Report TH 3 and Willow Street Street Improvements Our File No. 141-99-105 City Project No. MNDOT Cooperative Agreement No. Dear Mayor and Council: Enclosed for your review is our TH 3 and Willow Street - Street Improvements Report. The report addresses two options for the east frontage road realignment and intersection improvements. This report describes the TH 3 and Willow Street interscction and east frontage road alignment improvements. They increase the intersection safety and thc realignment provides for greater accessibility and improved traffic management. These improvemcnts are practical because the Minnesota Department of Transportation has qualified the project for funding by the Cooperative Agreement Program. Cost estimates for the proposal are presented in Appendix A. We would be pleased to discuss this report further with the City Council or City staff at any mutually convenient time. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC. D~/~ Darren T. Amundsen I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. ~~ /t U-- Glenn R. Cook, P.E. Date: April 27. 1999 Reg. No. 9451 2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636-1311 Table of Contents Page No. Letter of Transmittal 1. Table of Contents 2. Introduction 3. Discussion 3. Cost Estimates 5. Project Financing 6. Conclusions and Recommendations 7. Appendix A - Figure 1 - Existing Conditions Figure 2 - Alignment Option 1 Figure 3 - Alignment Option 2 Cost Estimates Project Cost Tracking Sheets Appendix B - Traffic Impact Analysis, Glenview Townhomes and Commercial Development TH 3 and Willow Street - Street Improvements 2 Introduction The City Council has requested this report to determine the feasibility of improving the intersection of Trunk Highway 3 (TH 3) and the easterly frontage road at Willow Street. The existing geometrics of the frontage road intersection with TH 3 do not meet standards and need to be addressed. A traffic impact analysis was completed by Bonestroo, Rosene, Anderlik & Associates for the development and is included in Appendix B. This report describes the existing conditions in the project area and outlines two geometric options for the frontage road intersection with TH 3 that will improve the safety, accessibility, and traffic management of the intersection. Discussion Backround The existing frontage road alignment is shown in Figure 1. Willow Street intersects TH 3 from the west, along with the TH 3 west frontage road. The east frontage road turns sharply to intersect with the highway. Just prior to the sharp turn, the driveway to Wausau Lumber intersects the east frontage road. Also, just south of the Willow Street intersection lies an abandoned railroad grade. TH 3 may be upgraded to a divided highway north of this intersection at some time in the future to accommodate traffic growth. Storm water drainage is currently directed to two existing catch basins in the grass median between the frontage road and highway. Water also flows north to the abandoned railroad ditch. Street Improvements Two options are proposed that will improve the intersection function and safety. The current alignment does not provide sufficient length for vehicle stacking. Under both options, the increased vehicle stacking length will provide a higher level of service for the projected traffic volumes. The frontage road safety will be improved by moving conflict points further from the trunk highway. Termination of the frontage road connection at County Road 72 improves the safety at that intersection. In addition, with both options, it is recommended that concrete curb and gutter be placed along the east side of the frontage road in front of the future commercial properties. The existing pavement would then be overlaid. The timing of this work would need to be coordinated with the timing of the development. TH 3 and Willow Street - Street Improvements 3 From a traffic engineering standpoint, Option 2 is the preferred option. However, both options include acquiring land from Wausau Lumber and the adjacent property owner to the north, whose property is currently in Empire Township. The final selection of the option will depend on the outcome of negotiations with the affected property owners. Option 1 The first option, shown in Figure 2, aligns the entrance to Wausau Lumber with Willow Street west of Trunk Highway 3. The frontage road will intersect the entrance approximately 165 feet from Trunk Highway 3 providing adequate vehicle storage. The south frontage road access to County Road 72 and Trunk Highway 3 will be eliminated as shown. Option 2 The geometrics of this option provide for a future alignment of Willow Street east of Trunk Highway 3 along the abandoned railroad right-of-way. The frontage road will intersect Willow Street approximately 170 feet from Trunk Highway 3 providing adequate vehicle storage. The entrance to Wausau Lumber will be moved to the north side of the property as shown. As in Option 1, the south frontage road access to County Road 72 and Trunk Highway 3 will be eliminated. Drainage This section addresses drainage issues for both alignment options. Option 1 Concrete curb and gutter will be placed only along the east side of the frontage road up to the Wausau entrance. The frontage road will be designed for water to drain west to the grass area between the highway and new frontage road. The entrance to Wausau Lumber will drain to the north and south consistent with current drainage patterns. Option 2 Concrete curb and gutter will be placed along the extension of Willow Street and the east side of the frontage road as shown in Figure 3. New storm sewer will be placed to collect runoff from the new road surface. TH 3 and Willow Street - Street Improvements 4 Cost Estimates The project costs for these improvements are outlined in this section. Estimated construction costs are itemized in Appendix A. A summary of the estimated costs for the proposed improvements is presented below. The costs presented include 10% for contingencies and 27% for legal, engineering, and administration. Right-of-way acquisition costs are not included in the estimated project costs below. Estimated Proiect Costs Item Estimated Cost Option 1 $92,000 Miscellaneous costs $3.000 Total Option 1 $95,000 Option 2 $129,500 Miscellaneous costs $3.000 Total Option 2 $132,500 TH 3 and Willow Street - Street Improvements 5 Project Financing As part of the Minnesota Department of Transportation's Municipal Cooperative Agreement Program, the project is scheduled to receive $75,000 for construction costs and $6,000 for construction engineering and inspection from the State. The remaining construction, engineering, legal, administrative and right-of-way costs will be allocated to the adjacent property owners. There are two properties adjacent to the improvements that are in the City, Wausau Lumber and the Glenview Townhomes and Commercial plat. Project costs will be allocated to the Glenview Townhomes and Commercial property in accordance with the development contract for that plat. Project costs will be allocated to Wausau Lumber through the Chapter 429 Special Assessment procedure. TH 3 and Willow Street - Street Improvements 6 Conclusions and Recommendations The proposed improvements described in this report are feasible and cost effective as they relate to general engineering principals and construction procedures. The feasibility of the project as a whole is subject to financial review. The improvements are necessary to address traffic and safety issues as described in this report. Based on the information contained in this report, it is recommended that: 1. This Report be adopted as the guide for the improvements to the east frontage road along Trunk Highway 3 at Willow Street. 2. The City conduct a legal and fiscal review ofthe proposed project. 3. A Public hearing be held as required by Minnesota Statue 429. The property owners adjacent to the roadway should be notified for hearing purposes; 4. The following schedule be implemented for the project: The following is a tentative schedule for planning purposes: Accept Feasibility Report/Call for Public May 3, 1999 Hearing/Authorize preparation of Plans and Specifications Hold Public Hearing/Order project, Approve plans and June 7, 1999 specifications/Authorize advertisement for bids Accept Bids/Award Contract July 19, 1999 Begin Construction August 2, 1999 Complete Construction September 1999 TH 3 and Willow Street - Street Improvements 7 Appendix A s Cl .,., ::0 GJ 51 ~ C -, :z: ;0 ... 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UNIT ESTIMATED ITEM UNIT QUANTITY PRICE COST Intersection Realignment Remove bituminous pavement SY 2660 $ 2,00 $ 5,320 Remove gravel drive SY 95 2.00 190 Remove rail road tracks LF 170 10.00 1,700 Remove Tree EA 3 150.00 450 Common Excavation CY 785 10.00 7,850 Relocate hydt LS 1 2,000.00 2,000 On-site borrow (CV) CY 375 15.00 5,625 Class 5, aggregate base TN 1035 10.00 10,350 B618 concrete curb and gutter LF 330 7.00 2,310 Bituminous base TN 340 29.00 9,860 Bituminous wear TN 205 29.00 5,945 Bituminous material for tack coat GAL 115 1.00 115 Adjust casting EA 1 200.00 200 Salvage casting EA 1 150,00 150 Catch basin casting EA 1 300.00 300 Seeding AC 0.6 1,700,00 1,020 Subtotal $ 53,385 Curb and Overlay B618 concrete curb and gutter LF 415 $ 7.00 $ 2,905 Mill bituminous pavement SY 375 2,00 750 Bituminous base TN 185 29.00 5,365 Bituminous wear TN 115 29.00 3,335 Estimated Construction Cost Subtotal $ 12,355 Total Estimated Construction Cost $ 65,740 Option 2 PRELIMINARY COST ESTIMA TE EST. UNIT ESTIMATED ITEM UNIT QUANTITY PRICE COST Intersection Realignment Remove bituminous pavement SY 2660 $ 2,00 $ 5,320 Remove gravel drive SY 95 2,00 190 Remove rail road tracks LF 330 10.00 3,300 Remove Tree EA 3 150.00 450 Clear and Grub LS 1 500.00 500 Common Excavation CY 940 10.00 9,400 On-site borrow (CV) CY 500 15.00 7,500 Relocate hydt LS 1 2,000.00 2,000 Connect to existing manhole EA 1 250.00 250 12" RCP, class 5 storm sewer LF 40 25,00 1,000 15" RCP, class 5 storm sewer LF 320 30.00 9,600 2'x3' catch basin EA 1 1,000.00 1,000 4' dia. storm sewer CBMH EA 1 1,200.00 1,200 Class 5, aggregate base TN 1240 10.00 12,400 B618 concrete curb and gutter LF 751 7.00 5,257 Bituminous base TN 243 29.00 7,047 Bituminous wear TN 405 29.00 11,745 Bituminous material for tack coat GAL 135 1,00 135 Adjust casting EA 1 200,00 200 Salvage casting EA 1 150.00 150 Catch basin casting EA 1 300,00 300 Seeding AC 0.7 1,700.00 1,190 Subtotal $ 80,134 Curb and Overlay B618 concrete curb and gutter LF 415 $ 7.00 $ 2,905 Mill bituminous pavement SY 375 2.00 750 Bituminous base TN 185 29.00 5,365 Bituminous wear TN 115 29.00 3,335 Estimated Construction Cost Subtotal $ 12,355 Total Estimated Construction Cost $ 92,489 Preliminary Project Cost Tracking Project - Trunk Highway 3 and Willow frontage road improvements - Option 1 Project No.- 99-02 Items Date Name of Company Cost 1. Construction Costs Intersection $ 53,385.00 Curb and Overlay $ 12,355.00 Total Construction Costs $ 65,740,00 2. Contingencies (10 %) $ 6,574.00 (Contingences and Total Construction Costs) Subtotal = $ 72,314.00 3. Engineering, Legal, Administration (27%) $ 19,524.78 (Total of Items 1-3) Subtotal = $ 91,838.78 4. Soil Borings $ - Subtotal = $ 5. Survey WorK Estimate $ 2,000.00 Subtotal = $ 2,000.00 6. Wetland Delineation & Mitigation Estimate Subtotal = $ 7. Permits (list) $ Subtotal = $ 8. Change Orders $ Subtotal = $ 9. Environmental Studies, testing and monitoring - EAW $ Subtotal = $ 10. Testing Services Estimate $ 1.000.00 Subtotal = $ 1,000.00 11. Easement/Right of Way Acquisition Subtotal = $ 12. Demolition/moving Subtotal = $ 13. Outside Consultants $ Subtotal = $ 14. SWCD - plats mainly - development cost NA Subtotal = $ 15. Street & Utility crew costs $ $ $ Subtotal = $ ITotal Estimated Project Cost = $ 94,838,78 I Preliminary Project Cost Tracking Project - Trunk Highway 3 and Willow frontage road improvements - Option 2 Project No.- 99-02 Project Description - Realignment of east frontage road along Trunk Highway 3 at Willow Street Ilems Date Name of Company CosI 1. Construction Costs $ 80,134.00 $ 12,355.00 Total Construction Costs $ 92,489.00 2. Contingencies (10 %) $ 9,248.90 (Contingences and Total Construction Costs) Subtotal = $ 101,737.90 3. Engineering, Legal, Administration (27%) $ 27,469.23 (Total of/tems 1-3) Subtotal = $ 129,207,13 4. Soil Borings $ Subtotal = $ 5. Survey Wor1< Estimate $ 2,000.00 Subtotal = $ 2,000.00 6. Wetland Delineation & Mitigation Estimate Subtotal = $ 7. Permits (list) $ Subtotal = $ 8. Change Orders $ Subtotal = $ 9. Environmental Studies, testing and monitoring - EAW $ Subtotal = $ 10. Testing Services Estimate $ 1,000.00 Subtotal = $ 1,000.00 11. EesemenVRight of Way Acquisition Subtotal = $ 12. Demolition/moving Subtotal = $ 13. Oulside Consultants $ Subtotal = $ 14. SWCD - plats mainty - development cost Subtotal = $ 15. Street & Utility crew costs $ $ $ Subtotal = $ ITotal Estimated Project Cost = $ 132,207.131 Appendix B TH 3 and Willow Street - Street Improvements 9 TRAFFIC IMPACT ANALYSIS Glenview Townhomes & Commercial Development Prepared by Bonestroo, Rosene, AnderIik & Associates November 1998 Table of Contents I. Introduction...... ....................... ..... ...... ......... .............................. ..... ............. 1 II. Existing Conditions................................................................... .................. 1 Roadway System.................................. ........................................................ 1. Traffic Control................................................... ........................................... 4 Area Land Use.. ..... ................................ ......... .............. ................... ............4 Traffic Volume Data. ......... ......... ....... ......... .................... ............ ................ 4 III. Development Proposal............ ....... ............. ................ ............... ...... ........... 6 IV. Project Traffic Characteristics .......... ........ .............................. ..................... 6 Site Generated Traffic ............. ...... ........... ................ ...... ........... ........... ....... 6 Weekday P.M. Peak I:Iour ...... ..................................................................... 6 Site Generated Traffic Assignment ............................................................. 8 V. Cumulative Traffic Conditions.............. ...... ................. ........... ....... ........... 13 VI. Study Intersections/Roadway Segment Analysis ...................................... 15 VII. Improvement Recommendations................ ...... ........... .............. ................ 16 IX. Summary of Conclusions ........ .................................... ..... ........ ................. 16 Intersection Analysis & Mitigation.. ............................. ................... ......... 16 Figures Figure 1 - Site Location .............................................................................. 2 Figure 2 - Roadway System........................................................................ 3 Figure 3 - 1995 Average Annual Daily Traffic Volumes........................... 5 Figure 4 - Concept Site Plan....................................................................... 7 Figure 5 - Townhome Development - Trip Directional Distribution ........ 9 Figure 6 - Commercial Development -Trip Directional Distribution ..... 10 Figure 7 - Townhome Development - Trip Generation Distribution....... 11 Figure 8 - Commercial Development - Trip Generation Distribution ..... 12 Figure 9 - Year 2000 Cumulative Traffic Volumes.................................. 14 Figure 10 - Proposed Frontage Road Realignment................................... 17 Tables . Table 1 - Trip Generation Rates ................................................................. 6 Table 2 - Year 2000 Site Generated Trips ................................................ 13 Table 3 - Year 2000 Levels of Service .....................................................15 1. INTRODUCTION The purpose of this report is to determine the traffic impacts of the proposed Glenview Townhomes & Commercial development. The Glenview development will contain approximately 89 townhomes and 24,000 square feet of commercial space. The proposed site location (see Figure I) is part of the northeast quadrant of Trunk Highway (T.H.) 3 and County Road 72 (213th Street West) in the City of Farmington. This report documents the potential traffic impacts of the residential/commercial development on the stop-controlled intersections of T.H. 3 at Willow Street and T.H. 3 at County Road (C.R.) 72. The potential traffic impacts of the development are documented for the year 2000. II. EXISTING CHARACTERISTICS This section of the report provides a discussion of existing characteristics including the area roadway system, land use, and traffic volume data. A. Roadway System The area roadway system, shown in Figure 2, consists of regional and local street facilities. Following is a discussion of the roadways that would serve the proposed project generated traffic flows. T.H.3 T.H. 3 is an "A" minor arterial roadway providing for a north-south travel path from Northfield to St. Paul. The roadway is a four-lane, divided highway from south of Farmington until 900' north of C.R. 72 where it becomes a two-lane highway. T.H. 3 provides an exclusive left and right turn lane from the south and an exclusive left turn lane from the north at the intersection with C.R. 72. C.R.72 C.R. 72 is a collector roadway providing for an east-west travel path from T.H. 3 to T.H. 56. C.R. 72 is a 2-lane road in the vicinity of the proposed development. The roadway is 400' south of the proposed site. c.R. 72 is stop controlled at the intersection with T.H. 3. T.H. 3 Frontage Road The frontage road on the east side of T.H. 3 provides a north-south travel path from C.R. 72 to 950' north of C.R. 72 where it intersects T.H. 3. The frontage road is stop controlled at the intersection with c.R. 72 and at the intersection with T.R. 3. The frontage road is a 2-lane road. . 1 rl ~ ---.J - . . ! i I ! I I . I' i . ____----.-::~ :--:.L1I1DEN: STREET, ; i i \-&---1-______-.. ____---- I /,:~J ~ i :: Il':~ ~~::::eRO~oSE6coMME-~CIACSlTE "l. .' :..:....:.... '_IJILLo.\lJIB[EL~'--: ____ V-,' \ PR~OSED rQWNH9ME SITE ~i .--i,-. f1 L - - i i! III .L1)1JJ WI! D ~.:WI.I,~. EE; [[]]!I,I.'..III . '1 :i'.'11 JJl' " 'I I , N~'T~Eb) 't.LL ill ". I '. ! I ../) D: Ll::J: III Oi5Q]]]~ I : i I f U1i ,,, -" ! 8 ! : i i ! I iliLIJiTITTrrnrV ~ I: . I j fj i !s11]tur~ DID ~ p . i I : ! ill'. i I, tJ nTTT11. '.'.1 ,....OTD.c.-.J . rrm I- L-JJ ! ...J ' l IILLL!.lJ'-.LlLJ Ul..L! L-..J . OAK STR~trr " I lJIi1:tt,- ~, [[[] Hi! ~1lllT11 i j ! i C) FB~IIIII, i P~-=l~ , I I'll I ' j I ~t-!8tttj ~ f==1::=:~ r- I ... lJ i!! Lll i i I,I"" . ll:ii Ii ! If') n i : . I . ',t I ,'! I ii I ~ju~f;-:-nf'ET . :.~ _ ' . ' , -.a:... ~ Ji5~1LJ.' ~jlW. [[I[[~.~rtlli ~~' i I I p;rq:j. '. I r: i I '. ,I 'l~i!I:I,in--rn'~' ,:::;, <I;~~'H'I.Rh,: :R ,..,"'L ,II'" C/) .' "M -'-' 'w'ALNUT-STREE:'.!' _ i III i I [QTIJJ q =.1 ,.IIlT! fl...' i...; .1 rmmm. . u~ltjoDlffl Y-V4 @g~u~o~~ ~ ': ~ L 'I' =i hDW~! ; 3 tJucc...~---;! .~ I ... I I' '11 ~-~ I' VI' TI! ~ 1~9il ~ 'IHi , j.r. ill! ,BEEOf' ~. IHICKDRY r I . ~,~ST' ~8':.1'.' .~ ,qDI' . L ,t;lll I' -!~'---1H~ Id H~, !-~ ,- ;... J.t:jUil1! CJi'ti..D ~: !~ ----rwmm m' I r--:J, ( ~OIJ I YI. sL~'(~i ~-jV~~ i ~ I I ,.tQ.. l \ ~ I IT\.. ~ F'. I I --, ----. -.J : i , ! , .; 1 "../!--------_._---- ; i. : ~ .. - '-~ ---- --- ~ I HiV, 50 ; i Igure 1 Site Location City of Farmington -1 I N NO SCALE ~! I ! i , : ~~! ji' -- I : I ! , ! . ! I i I II i I n I, . I I I I CASTLE I J[]j Bonestroo Rosene 8 Anderlik & .\1. Associates ) ~ V1ILLOVl ST. -+ PINE ST. ~ ! l MAIN ST. -+ :r: C.S.A.H. 50 I- (ELM ST.) Q ~O::: V)w <l:L:J w<l: (V) ~ . -0 :1:;0::: ~lL. d ...~ 'VJ <41 w~ " M'" M~~l :i ~(7 ( 72 1 t t ( (Y) Figure 2 Roadway System City of Farmington ! I NO SCALE \ C.R. 72 ~ Bonestroo l1:li Rosene ~ Anderlik & 1\11 Associates B. Traffic Control The intersection capacity at two unsignalized in,tersections is analyzed in this study. The intersections are the T.H. 3 frontage road with TH. 3 and T.H. 3 with C.R. 72. At both intersections, T.H. 3 is not controlled and the cross street is controlled with a stop sign. c. Area Land Use The proposed development abuts the T.H.3 frontage road on the west of the property, so there is no land use to the west. To the south and east, the development is next to single family homes, while to the north, the development abuts a lumber distribution facility. D. Traffic Volume Data Turning movement counts were not available for the intersections analyzed in this report. Turning movements were approximated for the intersections based on Farmington 1995 Average Annual Daily Traffic (AADT) counts. It is assumed that the p.m. peak hour volumes are higher than the a.m. peak hour volumes because the time period people arrive home from work is more concentrated than the time period people leave home for work. The 1995 AADT volumes are illustrated on Figure 3. These traffic volumes will be utilized for the analyses that follow in this report. 4 I 1 ! 0 0 <0 0)- NO SCALE \/ILLO\v' ST. PINE ST, o 1-0:::: V1 <I:W wLJ <I: ("')1- Z -0 I; 0:::: 1-lL.. fv1AIN ST. [,R, 72 1,800 (Y) - I C.S.A,H. 50 r- (ELtvl STJ o o co oi SOURCE: CITY OF FARMINGTON 1997 COMPREHENSIVE PLAN igure 3 1995 Average Annual Daily Traffic Volumes City of Farmington . fl. Bonestroo ~ Rosene 8 Anderlik & . \j. Associates III. DEVELOPl\1ENT PROPOSAL The land use for the proposed site is classified as residential condominium/townhouse and shopping center. Figure 4 illustrates the proposed plat as developed by Bohlen Surveying & Engineering, the site surveyor. The Glenview development is proposed to contain approximately 89 townhomes and 24,000 square feet of commercial space. IV. PROJECT TRAFFIC CHARACTERISTICS This section of the report will provide an analysis of the traffic generated by the proposed. development and an assignment of that traffic to the existing roadway system. A. Site Generated Traffic It is assumed that the trip generation rates for the proposed Glenview Townhomes & Commercial development will be similar to historic data from other "Residential Condominiumffownhouse" and "Shopping Center" facilities. The p.m. peak hour trip rates from the Institute of Transportation Engineers (ITE) Trip Generation Report. 6th Edition are included in Table 1. This document is used throughout the country for estimating trips generated by various land use types. TABLE 1: TRIP GENERATION RATES P.M. PEAK HOUR TRIP GENERATION LAND USE TYPE UNIT RATE ENTERING EXITING Shopping Center 1000 SQ. Ff 4.42 50% 50% Residential Condominium/ Dwelling 0.54 65% 35% Townhouse Units .. B. Weekday P.M. Peak Hour Turning movements were approximated for the intersections ofT.H. 3 with C.R. 72 and the T.H. 3 frontage road because turning movement counts were not available for the intersections. 1995 AADT counts were available for T.H. 3 and C.R. 72 from the City of Farmington. There were no traffic counts available for the T.H. 3 east Frontage Road. It is assumed that the volumes on the frontage road are negligible because of the limited land use accessing the frontage road. 6 1 I t\ I NO SCALE ,;.~: -: ~...":..~:'.. GLE1VVIEW TOWivHOlvfE3 & COJlJj4ERCIAL ~ ;r.; :.;::~' '. . '. ..~:2; ..~_..';1 '0""'-.' ..-~.';': -~..... - ..... " ._........f;,~ti. 'J!...' . ..~.._.... ... ...... ~::-c.~'::::-o~..,;.':. "":...!il _ _IPW,.... ,..-l;'!'" ...". ...~... ~ ~...":1.:.,,,,-. ~ ..:1..._'!---=_ ......~, . _.;.;f;:::....:: .:~,.,,::t\....*..::. -=~..",.- ~ ~ ,:,' .. ."". .""" ._,"~\. . ~\.:+~..'" ... *,,'11 I c.:....c. .. ,_ ':2ClC 2 ":,o"'~ . ~~ ~ ~ ::.n'I,~ ~l!~~~ 12 !:l,:" t-;.~:~..:. ;_..--...........''''...101- .~.;.:...- .. .. .:" 11 "'':-'":&'W;;-..a.Ir.;.,...!~.t -3" ~ ~ ?U.,:ts{ ,-~:.~._.... ...~,;.. .;'~"~I I .~ .. ,...".,.,... .a'== .'... < .... "....,.'Iii'.. ,,", -, .----. 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"I~ :-.., .. _.~. __ ..~:-r.i' _, .' ,,:,":"'n' ~.ir...,!.. ~ ~ .~. ~ .:..' ,'t.. 1\;" ,. ih_.! '~";"Ji:-... ;:I~ . ~I ~ =.: ".' \ " .!" ~....: .... ~ I."~~"-" ~~ .....".,'~ t 'i r--~"l"r''''"t~'i~!l. !'; l;~ . "" . ...,.,. .... ..... .. "1 ....J';;: '. J..... '. . .~..,,: J' =.. . '. I I' \-..::..." --" .:~; ;~ ~ ~:!i~~i:-tf: .~~i:i;'~;-.~: :'~..~_' "_:" .: .:--:_:l-""~ ~:'...............-...~-::; :..t.:::..:..~~. IS . .. il......It~.o""""" ''4-.:;' f.,.;~' ..J . . ......,. "'.~ .,'.. ~. -:;j). J ,. .~.: ;: t':::.1":--1-~: '.I.tl"-;~;:"';r.t- :;.tL~.:_~: ...._.....~~.J.. "t".;r. ~:....':~';........".........'....,..:-......~i -.,.. L . . t .,'- .t, . h..... . ,.' , I, .-.1iTI., - r:_ .........,.,_.. ~., .. ......... ....-...... -~.,.." . 'J' . ~ ; : t:: :J;:;: r2~~ :-~~.- : ;:r:?r~~ ~.~ t. il '~\~ '~'~1'11\'1; ~: '~ll"ll"~: ';. ~;..\: .~;.~~. .'- .... :~~:>~ . i I ........ ....~~"j ....!i','\.-=............l.""_.=;;-r.....-.......-"~-==.""...~... '!:~~:.. :-:.-:'\.:..'t. _"' . ...... .. ~.._.I ," ';,';{~:'.' .~~:;;:_.;-..::.:.~.~,..:..":'-...:-:; .. ~:..,:-" ..::.--:;:.-.-;.. .-. ',%' -r::..~5.\;U;-1:.."'~~ ==E~7_:' -,.:;:.;.,:::,~~-,_.-;;"..::;::::.=-..::.-=.: ~:-. ===;::;::,::::..-:-...::=.:=-.::-'.-' .--. --,. ~-:.::-----::::-:;.--_..._--"- "'_.~" ..-' ..-..' '.. ;.~~~ .. 'n .._.- _..' .....,....:.......tt?'l .... -......---.. "..:..." '.ol"'lll.i --:..:::;;- ::.:::.~::::::':::::~~-:'::". - ............-" '-- ,... -.. ........-. r~~~~~~~~!~~~~~~~ ...._~_........-.-14_... - _"'... _C"_ ----- ~~i~~~i:~~~~~~. ;;:;;.c;::__- -.0-'-- ...-...-...t_"..,..<I.--..---.... --" .-"'- '-.. -'--'. --..-. .-:...-- .n.... ...1'I01'.....~.... E:::~.;.::==-..._..__...._,._.._"...,--'- =.:;:-::::=.:-- - -.--'--.- Il1o__.....__ ...__..~._...._..J_ -~- --"- _.._....c...C'....."..---.. :::.-:-.:.-==~~..:'=.==-.::.:.~-~.:'.:~::::::.::::.... :=-~::.--'==-"~~..::-..__..._..-_:_I -.-.-""" -- --- ~._-"":-"""""",,,---~"-'--"- --'"""..- .....t__ :.::.-:"..::.-=..........=~.::.:'==4=::::-'.~-- cr.."oo........... ~=__..=..~_........ ."4_ ._._ :--~~i=-._ T~':.:.:-.:. --_.....~,. "--r=.-,:::-'" "-;,.:-.-=:-' . c;-.r__-G:';:;" ~.:..:-...-==-='.::::".::-=';== ..:-:="'.:-"': =:::::-,:==:.~'":.:::,,~_:::'~':::'''::'~=~:'':..--:~':;':: ------..-..-.-...........-.- .-....-- _..-- ~_....- ~--_...._.-.._.-<.- ...._--".~...._... c..~~ -~....- r t.a:.. I ......,u,. "","p_. 1 ;:. ~~ 'r ;~. ....."01.......... -.......----- :....-=::--.::.=----- .-......---..-.... ~.:::.:....__ ."-:7 c--~- Figure 4 Concept Site Plan J[]A Bonestroo -=- Rosene ~ Anderlik & . \J. Associates City of Farmington It is ,assumed that the peak hour traffic volumes consist of 9 percent of the AADT. It is also assumed that 40 percent of the traffic volumes are leaving Farmington during the p.m. peak hour and 60 percent of the traffic volumes are coming to Farmington during the p.m. peak hour. This 60/40 split assumes most of the traffic using the trunk highways are commuters who work in the Minneapolis/St. Paul metropolitan area. The turning movement percentages for the T.H. 3/C.R. 72 intersection are approximated as: . Southbound T.R. 3: 95% through, 5% left . Northbound T.R. 3: 5% right, 95% through . Westbound C.R. 72: 50% right, 50% left All of the traffic counts were factored with a 2% cumulative growth rate to extrapolate base traffic volumes for the year 2000. This growth rate reflects the increase in traffic from developments and communities outside of the study area that travel through the area. c. Site Generated Traffic Assignment It is assumed that approximately 49% of the trips generated by the proposed commercial development and 35% of the townhome development will access the facility from the north. It is also assumed that approximately 48% of the trips generated by the proposed commercial development and 49% of the townhome development will access the facility from the south. The other trips will access the development from the east and west, not utilizing T.R. 3. It is also assumed that 10% of the trips generated by the commercial development are included in the trips generated by the townhome development. The assumed trip directional distribution percentages for the developments are shown in Figure 5 and 6. The trip directional distribution percentages in Figures 5 and 6 are multiplied with the trip generation rates in Table 1 to approximate the development generated trip generation distributions. Figures 7 and 8 show the approximated trip generation distributions. 8 I ~t \.fILLO\./ ST. 1% PINE ST, o f-~ (/) <(w wLJ <( ("')1- Z ,0 :r:;~ f-w.. tvIAIN ST, [,R, 72 (Y) C.S,A.H. 50 (ELM ST,) - I f-- ;t Figure 5 Townhome Development Trip Directional Distribution Assumption City of Farmington 1 , ! I NO SCALE 2% - JL]j Bonestroo -=- Rosene ~ Anderlik & ,\1, Associates ~t 1 I NO SCALE \.JILLOW' ST. - 1% PINE ST. o ~n::: v.lw <[LJ w<[ M~ Z .0 :r;n::: ~w... 10% Commercial traffic Is townhome traffic. tvlAIN ST, 5% - C.R, 72 (Y) C,S,A.H, 50 (ELM STJ I I- ~t Figure 6 Commercial Development Trip Directional Distribution Assumption City of Farmington ~ Bonestroo -=- Rosene ~ Anderlik & . \J' Associates I r C') .... \. \.fI L L Ii \,,/ ST. NO SCALE '--7 ,-2 ( C') PINE ST. o 1-0:: ~w wL:) <I: (")1- Z -.:0 .2.,0:: I-L.... C') \. '--2 ,-6 MAIN ST. [.R. .2 ( t'l .... M I C.S.A,H, 50 (ELM ST,) - f- Figure 7 Townhome Development Trip Generation Distribution - P.M. Peak Hour City of Farmington ~ Bonestroo -=- Rosene "" Anderlik & 1\J1 Associates ~ ! j t \.fILLO\.J ST. 1- '-16 -1 ,,-3 NO SCALE ( C') PINE ST, o r-OC CI1W <I:L:J w<I: (")r- Z ,0 :r;oc r-~ C') ~ '-3 ,,-24 MAIN ST, [,R, 72 ( ~ (Y) C.S.A,H, 50 (ELM ST,) I f- '7igu re 8 Commercial Development Trip Generation Distribution - P.M. Peak Hour City of Farmington J[lj Bonestroo -=- Rosene ~ Anderlik & . \J. Associates v. CUMULATIVE TRAFFIC CONDITIONS This study analyzes the impacts of opening a 24,000 square foot shopping center and 89 townhomes in the year 2000. The estimated p.m. peak hour trips generated for the year 2000 are shown in Table 2. The estimated cumulative traffic in the year 2000 for the two study intersections, including the trips generated by the proposed townhome and commercial development, are shown on Figure 9. TABLE 2: YEAR 2000 SITE GENERATED TRIPS (p.M. PEAK HOUR) P.M. PEAK HOUR VEIDCLES VEIDCLES SITE SIZE VOLUMES ENTERING EXITING Shopping Center 24 (l,OOO's of 106 53 53 SQ. FT.) Residential , Condominium! 89 (Units) 48 31 17 Townhouse . 13 I co COQ) T~ 'w' ILL 0\./ ST. 1- PINE ST. Ol ~~ J , MAIN ST. C.S,A.H, 50 (ELM STJ f N. I ' NO SCALE t::lO "I' Q 1-0::: (/) <[LJ wLJ < (')1- Z .0 :I; 0::: I-L '-41 .,;-66 C,R, 72 t ( 1e18 CO) M I I- n Bonestroo Jl:II Rosene ~ Anderlik & . \j. Associates ':-igu re 9 Year 2000 Cumulative Traffic Volumes - P.M. Peak Hour City of Farm ington VI. STUDY INTERSECTIONS/ROAUW A Y SEGMENT ANAL tSIS Calculating the capacity of each study intersection is required to analyze the ability of the intersection to accommodate the vehicles. that utilize it. The volume of traffic using an intersection divided by the capacity of the intersection provides a numerical value that can be translated into an intersection level of service. ' The capacity of a roadway facility or intersection is defined in the Hi~hway Capacitv Manuall as "the maximum hourly rate at which persons or vehicles can reasonably be expected to traverse a point or uniform section of a lane or roadway during a given time period under:prevailing roadway, traffic, and control conditions." Capacity of a roadway, a traffic lane, or an intersection can be expressed in vehicles per hour or . in average delay. Once the capacity of a facility is calculated, a qualitative measure called level of service (LOS) can be identified. The level of service of an intersection is a measure of the ability of the intersection to accommodate traffic volumes. Level of service for intersections ranges from A, which indicates free flow or excellent conditions, to F which indicates forced flow or overflow conditions. The level of service has been calculated for each key intersection using the Highway Capacity Software (HCS). The Highway Capacity Software was developed using the procedures contained in the Highway Capacity Manual. The cumulative traffic volumes shown in Figure 9 were used to perform intersection capacity analysis at each of the two study intersections. Levels of service have been calculated for each key intersection in the year 2000. The results are contained in Table 3. TABLE 3: YEAR 2000 LEVELS OF SERVICE - P.M. PEAK HOUR LEVEL OF SERVICE WITH INTERSECTION CUMULATIVE CONDITIONS T.H. 3 and C.R. 72 A T.H. 3 and Frontage Road A The operation of the intersections along the T.H. 3 east Frontage Road will not significantly deteriorate due to increased traffic volumes caused by the Glenview development. I Highway Capacity Manual, Special Report 209, Transportation Research Board, 1994. 15 VII. IMPROVEl\1ENT RECOlVIl\tlENDA TIONS Construction of the Glenview Townhomes & CommerCial development is expected to be complete in the year 2000. The level of service analysis ind~cates that all of the intersections will operate at acceptable levels when the development is complete in the year 2000 if the estimated volumes do in fact occur. Although the level of service of the T.H. 3/C.R. 72 intersection will. not be impacted by the development, the safety of the intersection is a major concern. The froIltage road intersects C.R. 72 at the intersection of T.H. 3 and C.R. 72 (see Figure 2). The current intersection configuration has toO many conflict points to safely handle the added development traffic. The two options to improve the situation are (1) close the frontage road access to c.R. 72 or (2) move the intersection east at least 100 feet. There are currently single family homes on the north side of C.R. 72. These homes make the intersection relocation relatively expensive. We recommend closing the T.H. 3 Frontage Road intersection with C.R. 72. The intersection of the T.H. 3 Frontage Road with T.R. 3 should be improved. The current situation provides little vehicle storage at the perpendicular intersection. The intersection could be improved by moving the access back 100 feet. The City has approached MnlDOT about participating in the improvements previously discussed. MnlDOT is reviewing the proposal and will determine in February if they will participate in the costs of the improvement. The proposed preliminary layout is shown in figure 10. IX. SUMl\tIARY OF CONCLUSIONS This section of the report summarizes the results and conclusions of the future traffic conditions for the proposed Glenview Townhomes & Commercial development in FarmingtoI).. The project is assumed to be operational in the year 2000. A. Intersection Analysis & Mitigation Two study intersections were analyzed to approximate the traffic conditions when the proposed develoPI!1ent is complete in the year 2000. The year 2000 conditions involved increasing existing volumes by two percent per year to account for regional growth. Added to this were volumes generated by the proposed townhome and commercial development. The study intersections were then analyzed for these 2000 conditions utilizing existing traffic control and lane configurations. Neither of the study intersections exceed capacity in this scenario. As part of the proposed development, the T.R. 3 east frontage road access should be closed at C.R. 72 and realigned at the intersection with T.H. 3. These recommended safety improvements are shown on Figure 10. 16 .f ,':'~.:;'::':'- ...... !... .....-. I:: . ,.!_ ...... ,.', ' .' i~ ~~! "i r1J'1 "', ~ ~}". ),~;,,, i ...... ..' .":.:~ I,.' 1 "'7 ' ~\J rd. EY . l ,.... '''', ,...,~ ,... m~!'I\~;~+:~i,}-' L__._____ ,. ," ~..., .1.' Ll iWj.i ~'!l "'. i.....' i .t., im ::~~~i ~l~ PINE ST....._ hJ '~~~:f:l" ,hJ. >0' __._M._..___.____._.._.__.. i }--'~1 "I;~~' ~~,"i :~~11< ~~~l':~~;~il'ii !J~W~1 f,i~ i "', ~,'1 ,."" ..",:W i I I .-..--.~.-M-~.P-l ..-.-...-.-l l:i !~ i .........,.,....-...-.,....-----j , . I I :::-: ~,~~:1 i:'~ t:-:: I ~...-~ r----~ R Fl f~\:) ~ r r{ ~ ~~ 1 r'" L I 1 ,..) ~ '. -:: . ,..., t... ~ I "--"\._..l L......._j! ~:.:l :~~f:~ t;';i f:l "AIN ST I .. . 1 : d'" "', I ~'. M ~ , :::.: ': ~ ~ ~ ~ (. " '. ~;. I '-.-.. I r, ~~-== _)i:~~~~\~~~5~~=~i:~==: - I .. ,. . I ,...t !:~,' "";1~ T CO RD, 72 ' I 'I , ,. "'I I,], ", ,. .. " . i I ,,'" ,'" , "~". .. i ! q r I :~~:: :~'~i i'~.'t.}"Y i '-.._.J I: : :. .:.: J:.:c1 .. ..~;~Jl i 1 I NO SCALE FRONTAGE ROAD RE-ALlGNMENT ACCESS TO WAUSAU LUMBER r') Figure 10 Proposed Frontage Road Realignment City of Farmington . fl. Bonestroo ~ Rosene 8 Anderlik & 'IJ' Associates City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O?a- TO: Mayor and Councilmembers City AdministratoyJ~e.. FROM: David L. Olson Community Development Director SUBJECT: Interim Ordinance (Moratorium) - Adult Uses DATE: May 3,1999 INTRODUCTION As a result of issues that have been raised in a number of cities in the area regarding the establishment of adult uses, staff has reviewed City ordinances that currently regulate adult uses. The following is a summary of this review. DISCUSSION The City currently regulates adult uses involving nudity in premises that are licensed to sell intoxicating or non-intoxicating liquor (Ordinance 3-13 copy attached). However there presently are no ordinances regulating adult type uses in establishments that do not involve the sale of liquor. These types of adult use establishments have been opened in several other communities. If the City Council wishes to consider an ordinance to regulate this type of use, it will take some time to prepare. Therefore, it is recommended that Council consider the adoption of an Interim Ordinance that establishes a moratorium on any of these types of uses being established in the City prior to the City establishing a final ordinance regulating this use. To facilitate this goal, it is recommended that an interim ordinance establishing a moratorium for six months be adopted to allow for the preparation and adoption of the necessary ordinance amendments. The City Attorney has prepared the attached Interim Ordinance that enacts a moratorium on the establishment of any adult use type businesses for a period of six months. If necessary, the Council could extend this moratorium as needed. BUDGET IMP ACT None ACTION REQUESTED Adopt the attached Interim Ordinance establishing a moratorium for six months on the establishment of any adult use type business in the City of Farmington. Respectfully submitted, ;;;/~~ David L. Olson Community Development Director 3-13-1 3-13-2 CHAPTER 13 PROHIBITING NUDITY IN liQUOR ESTABLISHMENTS SECTION: 3-13-1 : 3-13-2: 3-13-3: 3-13-4: Purpose Definition Prohibited Acts Violation 3-1 3-1 : PURPOSE: (A) The City hereby ordains that it is in the best interest of the public health, safety and general welfare of the people of the City that "nudity", as defined in this Chapter, be prohibited upon the premises of licensed intoxicating liquor, nonintoxicating malt liquor, and bottle club establishments so as to best protect and assist the owners and operators and employees of these premises, as well as patrons and the public in general. ..,/ (B) The City ordains that the standards herein are reflective of the prevailing community standards of the City. This Chapter is intended to prevent harm stemming from the physical immediacy and combination of alcohol, nudity and sex. The City also desires to prevent any subliminal endorsement of sexual harassment and the City also finds that these activities may increase various criminal conduct such as prostitution, sexual assault, and disorderly conduct. (Ord. 095-349, 2-21-95) 3-13-2: DEFINITION: For purposes of this Chapter, "nudity" means the showing of any human male or female genitalia, pubic area, or buttocks with less than fully opaque covering, or the showing of the human female breasts with less than fully opaque covering of any portion thereof below the top of the areola, or the depiction of covered male genitalia in a discernible turgid state. (Ord. 349. 2-21-95) 495 City of Farmington 3-13-3 3-13-4 3-13-3: PROHIBITED ACTS: It shall be unlawful for the holder of any intoxicating liquor license, nonintoxicating malt liquor license, or bottle club license or the operator of any of such licensed establishments within the City to permit or to allow nudity in the licensed premises. (Ord. 095-349, 2-21-95) 3-13-4: VIOLATION: A violation of this Chapter is a misdemeanor, and is justification for revocation or suspension of any intoxicating liquor license, nonintoxicating malt liquor license, or bottle club license. (Ord. 095-349, 2-21-95) 495 City of Farmington CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF INTERIM ORDINANCE NO. PLACING TEMPORARY RESTRICTIONS ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF FARMINGTON NOTICE IS HEREBY GIVEN that, on , 1999, Ordinance No. was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. , the City Council has directed that a title and summary be prepared for publication. NOTICE IS FURTHER GIVEN that the general purpose of the ordinance is to amend the zoning ordinance establishing limited moratorium on the siting of adult establishments within any zoning district of the City of Farmington. The moratorium gives the City the time to study the issue of adult uses and how they would affect different areas of the City. Research has shown that these types of establishments can have an adverse effect on different elements of the City. NOTICE IS FURTHER GIVEN that the title of Ordinance No. , as approved by the City Council is as follows: AN INTERIM ORDINANCE PLACING TEMPORARY RESTRICTIONS ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF FARMINGTON 72473 NOTICE IS FURTHER GIVEN that the summary of Ordinance No. IS as follows: SECTION 1. Backl:round. This section gives information on previous studies concerning this subject and how the City of Farmington stands to related factors concerning this issue. The need for a moratorium such as this is also shown in this section. SECTION 2. Definitions. This section defines the language that is used in the ordinance. SECTION 3. Need for a Moratorium and Study. This section establishes a moratorium on the development or location of adult establishments within the City of Farmington pending completion of a planning study and adoption of appropriate amendment's to the City's zoning ordinance. SECTION 4. Enforcement. This section authorizes ways for the City to enforce this ordinance. SECTION 5. Separability. This section states that all sections in this ordinance are separate and if anyone section is declared or judged to be invalid, all other sections shall not be invalidated. SECTION 6. Duration. This section establishes the duration of this moratorium at six months from the date of its effective date or until such earlier time as said ordinance shall be revoked or otherwise amended. SECTION 7. Effective Date. This section sets the effective date as immediately upon its passage. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours and at the City Hall during regularly scheduled City Council meetings. 72473 -2- APPROVED for publication by the City Council of the City of Farmington this day of , 1999. CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: Approved as to form the day of , 1999. City Attorney Published in the Farmington Independent the day of ,1999. 72473 -3- ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN INTERIM ORDINANCE PLACING TEMPORARY RESTRICTIONS ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF FARMINGTON THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1.Backeround. 1.01. The State Attorney General has prepared a report entitled "report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989, prepared by Hubert H. Humphrey, III, Attorney General of the State of Minnesota/Olmstead County Planning Department "Adult Entertainment Report" dated March 2, 1988, and "A 40-Acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports". The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. 1.02. The Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group: "...heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The report concludes that: a) adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b) residential neighborhoods located within close proximity to adult theaters, bookstores, and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; c) the adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases; d) studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior; 72191 e) the City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; t) many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; g) studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and h) the Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. 1.03. The Farmington City Council finds that characteristics of Farmington are similar to those of the cities cited by the Reports when considering the affects of adult uses. 1.04. The Farmington City Council fmds, based upon the Reports and the studies cited therein, that adult uses will have secondary effects upon certain preexisting land uses within the City. 1.05. The City I s zoning ordinance does not adequately address such adult uses which have been found by other municipalities to cause similar adverse secondary effects. 1.06. The Farmington City Council is concerned that the City's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. 1.07. In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: a) The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. b) The concentration and density of such uses in the City and its neighborhoods. c) The effect of such uses on other uses in the surrounding area. 1.08. There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to adult establishment uses. Such a study will address the land use and zoning issues, including those referenced above. 72191 2 1.09. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.10. The City Council has directed that such a study be undertaken. 1.11. Minnesota Statutes, Section 462.355, Subdivision 4 permits the adoption of interim zoning ordinances during the planning process. SECTION 2.Defmitions. 2.01. Adult Establishments. An adult establishment is any establishment in which an adult use compromises more than ten percent (10%) of the floor area of the establishment in which it is located or which compromises more than twenty percent (20 %) of the gross receipts of the entire business operation. 2.02. Adult Use. An adult use is any of the activities and businesses described below: a) Adult Use - Body Painting Studio: An establishment or business which provides the service of applying paints or other substance, whether transparent or non-transparent, the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas." b) Adult Use - Bookstore: A building or portion of a building used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tapes, videotape, or motion picture film if such building or portion of a building is not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas. " c) Adult Use - Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas. " d) Adult Use - Companionship Establishment: A companionship 72191 3 establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " e) Adult Use - Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if such services are distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " t) Adult Use - Health/Sport Club: A health/sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " g) Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas. " h) Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " i) Adult Use - Mini Motion Picture Theater: A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such material is distinguished and characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas. " j) Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing the sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. k) Adult Use - Motion Picture Arcade: Any place to which the public is 72191 4 2.03. 2.04. 72191 permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at anyone time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or specified anatomical areas." 1) Adult Use - Motion Picture Theater: A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. m) Adult Use - Novelty Business: A business which has as a principal activity the sale of devised which stimulate human genitals or devices which are designed for sexual stimulation. n) Adult Use - Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " 0) Adult Use - Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas. " a) Svecified Anatomical Area. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and Human male genitals in a discemable turgid state, even if completely and opaquely covered. b) Svecified Sexual Activities. 5 a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; or c) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or d) Fondling or touching of nude human genitals, pubic regIOn, buttocks, or female breast(s); or e) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons; or t) Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or g) Human excretion, urination, masturbation, vaginal or anal irrigation. SECTION 3.Need for a Moratorium and Study. 3.01. Upon completion of a study to be prepared by City staff and planning consultants, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.02. A moratorium on the development or location of adult establishments is adopted pending completion of a planning study and the adoption of appropriate amendments to the City's zoning ordinance. During the term of this ordinance, no adult establishment shall be located within the City of Farmington. SECTION 4.Enforcement. The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. SECTION 5. Separability . Every section, provision, or part of this ordinance IS declared separable from 72191 6 every section, provision, or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. SECTION 6.Duration. This ordinance shall remain in effect for six months from the date of its effective date or until such earlier time as said ordinance shall be revoked or otherwise amended. 72191 7 SECTION 7.Effective Date. This ordinance shall take effect immediately upon its passage. ADOPTED this of Farmington. day of , 1999, by the City Council of the City CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: 72191 8 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 ~ FROM: David L. Olson Community Development Director SUBJECT: Code Enforcement Issues - Councilmember Verch DATE: May 3,1999 INTRODUCTION 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. The following is a summary of each of these concerns. DISCUSSION Junk Cars The Police Department responded on two separate occasions to complaints regarding un- licensed vehicles or vehicles parked on Upper 182nd Street for an extended period (72 hours or more). In each case there was no ordinance violation observed. Storage of Fish Houses The City has received this type of complaint in the past however the Code of Ordinances does not currently regulate or restrict the storage of fish houses. The City Attorney has recommended that if this is a concern, Council can instruct staff to prepare a specific ordinance amendment to regulate the storage of fish houses as several cities have chosen to do. Status of Residential Improvements A building permit was issued in December of 1997 for an addition to a garage located at 5311 Upper 182nd Street West. Several inspections have been done on this project, however it has not received final approval. Building Inspection staff will be contacting the property owner to verify the status of the project and schedule any necessary inspections to determine if the work completed to date is in compliance with all Building Code requirements. BUDGET IMP ACT None ACTION REQUESTED For information only. However if Council wishes staff to prepare an ordinance regulating the storage offish houses, it should instruct staff to do so. Respectfully submitted, ~~ David L. Olson Community Development Director City of Farmington .325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /3b TO: Mayor and Council Members, City Administrator~DY, Michael Schultz Associate Planner FROM: SUBJECT: Public Parking Restrictions DATE: May 3, 1999 INTRODUCTION This memo is in response to City Council inquiry concerning parking restrictions within public parking areas. DISCUSSION Attached is a map and inventory of the public parking areas within the core business district that identifies unrestricted (green), restricted (yellow) and no parking (red) areas. The unrestricted parking areas have no identifiable parking restrictions and over night parking generally is permitted. The unrestricted off-street parking areas include the Oak Street parking lot located betWeen City Hall and 3rd Street and the Library parking lot. Unrestricted on-street parking areas include 4th Street and portions of Spruce Street. The restricted parking areas have identifiable signage indicating the specific parking restrictions. Most of the downtown area has a general no parking from 2 A.M. to 5 A.M. restriction. This includes the core downtown streets of Oak, 2nd and 3rd Streets. The restriction is in place for street maintenance and to restrict vehicles being parked over night and for extended period of time. There are also stalls signed for more specific restrictions such as 10 or 15 minute parking. Those areas are found in front ofthe Farmington Bakery and the Farmington Liquor store. No parking areas also have identifiable signage restricting any parking, these areas are found along Elm Street and portions of Oak, Spruce and 2nd Streets. This restriction is generally placed along heavier traveled roads and/or narrower streets. ACTION REQUESTED No action is required, this is for Council information only. Public Parking Inventory Downtown Area 4/22/99 Street Parkin~ . 2nd Street (Elm St. to Oak St.) ~ 10 painted parallel stalls on west side adjacent to 2nd Street Parking Lot. ~ No Parking on east side. (Oak St. to Spruce St.) ~ Approx. 3 parallel stalls on east side and I parallel stall near grain elevator. ~ Restricted parking from 2 AM to SAM on both sides. Total- 14 parallel parking stalls Restricted parking? Yes- 2 AM to 5 AM along all of 2nd Street unless identified as No Parking . 3rd Street (Main St. to Elm St.) ~ Approx. 18 parallel stalls (Elm St. to Oak St.) ~ 43 painted diagonal parking stalls- Restricted parking from 2 AM to S AM ~ 2 - 10 minute stalls - Restricted from 9 AM to 9 PM - Mon. through Saturday (Oak St. to Spruce St.) ~ 38 painted diagonal parking stalls ~ 1 - 30 minute stall in front of Duebers (Spruce St. to Walnut St.) ~ Approx. 23 parallel stalls Total- 122 stalls, 1- 30 minute stall, 2- 10 minute stalls Restricted parking? Yes- from 2 AM to 5 AM . 4th Street (Elm St. to Oak St.) ~ Approx. 20 parallel stalls (Oak St. to Spruce St.) ~ Approx. 20 parallel stalls Total- 40 parallel parking stalls Restricted parking? No . Oak Street (2nd St. to 3rd St.) ~ 17 diagonal stalls ~ 5- 15 minute stalls (8 AM to 7 PM) (stalls are located in front of NAPA Auto Parts, The Farmington Bakery and the new Post Office) (3rd St. to 4th St.) ~ 31 diagonal stalls Total- 48 diagonal stalls, 5- 15 minute stalls (8 AM to 7 PM) Restricted parking? Yes- 2 AM to 5 AM . Spruce Street (2nd St. to 3rd St.) ~ Approx. 6 parallel stalls on south side ~ No parking on north side adjacent to HRA property (3rd St. to 4th St.) ~ Approx. 21 diagonal stalls ~ 1 Handicap stall (adjacent to Senior Center) ~ 1-10 minute stall (adjacent to Senior Center) Total- Approx. 27 parallel stalls, 1 Handicap stall and 1-10 minute stall Parkin!! Lots . 2nd Street Parking Lot ~ 41 Diagonal stalls ~ 2 Handicap stalls ~ Restricted Parking? Yes- 2 AM to 5 AM . Oak Street Parking Lot ~ 28- 90 degree stalls ~ 2 Handicap stalls ~ 4- 10 minute stalls behind City Liquor store and Subway (8 AM to 10 PM - Mon. through Saturday) ~ Restricted Parking? No . City Hall Parking Lot ~ 2 parallel stalls ~ 2 Police Car Only stalls ~ 5 City Vehicle stalls ~ 5 City Vehicle stalls (limited from 4:30 PM to 8 AM) ~ 2 Visitor stalls (unlimited) ~ 2 Visitor stalls (15 min.) ~ 1 Handicap stall ~ Restricted Parking? Yes (see above) . Library Parking Lot ~ 44- 90 degree stalls ~ 4 Handicap stalls ~ 1 stall used for Senior Center Bus ~ Restricted Parking? No - 1M,.". ~ '...,,',)t.. -. ",.'..,.. ...~' .,t. . .' "> , ,,' j I . " ';':-'.r .,'p ;..~ tn ns (1) ... <( C)~ c: - ~ ... ns a.. (J .- - .c ::::J a.. z.~ ~ en c o ts 'C ..... en Q) 0:: C> c 32 L.. ro c.. C> c 32 L.. ro c.. o Z en c o ts 'C ..... en Q) 0:: C> c 32 L.. ro c.. o Z