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Home My WebLink About11.16.98 Council Packet COUNCIL MEETING REGULAR November 16, 1998 v:30 P.M. CHAMBER/COUNCIL BUSINESS MEETING 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS (Open for Audience Comments) a) Mr. John Richardson, 35 Elm Street, Water Concerns 7. CONSENT AGENDA a) Approve Council Minutes 11/2/98 (Regular) and 11/4/98 (Special) b) Organizational Realignment - Parks and Recreation Department c) 2nd Street Parking Lot Project Change Order d) Adopt 1999 - 2003 Capital Improvement Plan e) Approve Application for Elderly and Disabled Transit Providers Grant f) Development Contract Release, Lot 2, Block 1, Dakota County Estates 9th Addition g) Placement of Neighborhood Watch Signs h) Adopt Resolution - Request MnDOT Cooperative Agreement i) Approve Bills 8. PUBLIC HEARINGS a) Certification of Delinquent Municipal Services b) Certification of Delinquent City Service Charges c) Various Licenses and Permits 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Customer Service Satisfaction Report b) Adopt Resolution - Comprehensive Plan Amendment Cameron Woods Co-op Housing Project c) Adopt Ordinance - Zoning Change Cameron Woods Co-op Housing Project d) BATC Task Force Communications e) Prairie Creek 3rd and 4th Storm Sewer Project - Update 11. UNFINISHED BUSINESS a) Adopt Resolution - Accept Downtown Streetscaping Project Feasibility Report Action Taken 12. NEW BUSINESS a) Bond Sale - G.O. Improvement Bonds of 1998 (Supplemental) b) Adopt Resolution - 1998 Budget Reappropriations c) Adopt Resolution - Request Extension for Comprehensive Plan Update 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 6a- TO: Mayor, Councilmembers, City Administrator~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Mr. John Richardson, 35 Elm Street, Water Concerns DATE: November 16, 1998 INTRODUCTION At the November 2, 1998 City Council meeting, Mr. John Richardson of 35 Elm Street expressed concern regarding the water system and the fire damaged home at 301 151 Street. DISCUSSION Mr. Richardson inquired as to whether the water to the residence was shut off, where it was shut off and if stale water was getting into the system during the flushing operation. The water service to the home at 301 151 Street was shut off by City staff the day of the fire at that residence. It was shut off at the curb box which is located approximately at the property line. The water remaining in the service stays in the service due to the pressure in the water main. The City's biannual flushing operation is performed to maintain the quality of the water in the City's water system. BUDGET IMPACT None. ACTION REQUESTED For information only. Respectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file John Richardson, 35 Elm Street L COUNCIL MINUTES REGULAR November 2,1998 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, Fitch, Gamer, Strachan None City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Gamer, second by Fitch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Employee Introduction - Community Development Department Darrel Gilmer was introduced as the new full-time Building Inspector. b) ISD 192 Update - Acting Superintendent Endersbe Mr. Endersbe gave a presentation on the future growth of the school system. He appreciated the opportunity to address the Council in order to broaden effective communication. He stated many issues are coming that the City and District will need to work on together. 6. CITIZEN COMMENTS a) Mr. Kerry Rustan - Traffic Concerns At the October 19, 1998 meeting, Mr. Rustan expressed concerns regarding trucks speeding on the Pilot Knob Reconstruction project, specifically in the area of 193rd Street. The problem has been resolved with the contractor. 7. CONSENT AGENDA MOTION by Fitch, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes 10/19/98 (Regular) and 10/21/98 (Special) b) Set Public Hearing for November 16, 1998 - various licenses and permits c) Adopted RESOLUTION RI09-98 approving FEMA Sub-Grant Agreement d) Adopted RESOLUTION RllO-98 accepting Dakota County Estates 9th Addition Development Contract Addendum e) Approved capital outlay request - Fire Department Council Minutes (Regular) November 2, 1998 Page 2 f) Approved school and conference request - Fire Department g) Approved appointment recommendation - Public Works Department h) Adopted RESOLUTION R111-98 approving bid advertisement - Nelsen Hills Parks Grading i) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Deer Meadows 2nd Addition Citizen Petition Staff held a resident meeting on October 27, 1998 in order to gather information regarding yard drainage problems and wet basements. Staff will schedule individual meetings with residents and will update Council. b) Adopt Resolution - St. Michael's Church Development Contract The St. Michael's Development Contract was presented to Council for approval. The amount of credit for the Surface Water Management fee is $84,541.56 which reflects the cost of improvements that are being constructed onsite that reduce future trunk facilities needed downstream. The Church has elected to have the development fees spread over a IS-year assessment period. Councilmember Cordes asked who collects the assessment? Finance Director Roland replied the tax statement is issued to an entity and is received in two annual payments. City Attorney Jamnik stated the Church is concerned with liquidated damages and the language concerning the sizing of the ponds and whether there is any excess capacity that would allow them to build out, and if use of that pond is possible in the future by other property owners in the area as part of the City's trunk facilities, and whether they would get credit for that. He recommended Council authorize signing the Development Contract. If necessary, any amendments can be brought to Council. City Administrator Erar stated if Council approves the Development Contract, and future amendments are not approved, the Church is committed to this contract. MOTION by Gamer, second by Cordes to adopt RESOLUTION R112-98 approving the St. Michael's Church Development Contract. APIF, MOTION CARRIED. c) Township Resident - Sanitary Sewer Connection Request Mr. & Mrs. Don Wilson, 516 Ash Street, have requested a sanitary sewer connection to the City's force main that runs along the south side of Ash Street from the Sunnyside lift station to the gravity system in Third Street. The property is currently in Castle Rock Township. Mr. Wilson met with City staff to inquire Council Minutes (Regular) November 2, 1998 Page 3 about the possibility of installing a grinder pump sanitary sewer system in his home and connecting the discharge line to the existing City force main adjacent to Ash Street. The resident's system would need to have some kind of back flow prevention check valve. Without such a valve, the Sunnyside lift station would discharge sewage into the resident's home every time the lift station operates. Accordingly, there is a concern ifthe situation were ever to arise that the check valve fails. There is concern that tapping into the force main to connect a resident's system could ultimately cause leaks in the force main. MOTION by Gamer, second by Cordes to deny the request. APIF, MOTION CARRIED. d) Acknowledge Silver Springs Residents Park Request A number of residents have submitted a petition requesting a park in the new addition to Silver Springs. Staffwill be meeting with the developer. MOTION by Gamer, second by Strachan to acknowledge the petition and forward it to the Parks and Recreation Commission. APIF, MOTION CARRIED. e) Castle Rock Township Board Communication The Castle Rock Township Board and the City of Farmington agreed to have their Engineers work together on the feasibility study to develop the Prairie Waterway Phase III ponding system. The Mayor stated the City is not developing one part of the Waterway without developing all of it. Councilmember Cordes asked if the Engineers had met. City Engineer Mann replied yes, and issues with the Prairie Waterway in relation to the industrial development were discussed. They will be meeting again for further discussions. Councilmember Cordes asked if there is any way the storm water runoff can be managed without constructing the sanitary sewer? Council and staff agreed there are numerous questions that need to be addressed between the City and Castle Rock Township before authorizing a new feasibility study. A meeting has been scheduled for November 17, 1998. Staff will draft a letter for Council identifying questions to be addressed to Castle Rock. 11. UNFINISHED BUSINESS a) Status Report - 300 1st Street Staff has received a letter from Mr. David King, stating he intends to take possession of the property at 300 1 st Street. He has taken measures to secure the house. Staff recommended that Mr. King be given no more than eight months to abate the existing conditions on the property. City Attorney Jamnik stated an extension is not being granted to Mr. King. The City is enforcing abatement of the existing condition. Council Minutes (Regular) November 2, 1998 Page 4 Mr. John Richardson, 35 Elm Street, asked if the water was shut off and ifit was turned off at the street or at the house? He would like a response from the Water Department certifying there is good water in the neighborhood. He also inquired about the drinking water when the hydrants are flushed. Staff will respond. MOTION by Gamer, second by Cordes to allow Mr. King until June 30, 1999 to abate the existing hazardous building at 300 1st Street. APIF, MOTION CARRIED. b) 2nd Street Parking Lot - Enforcement Issues City Administrator Erar stated the business in question has stopped using the 2nd Street Parking Lot and is complying with the City's request. Any future problems should be directed to the Police Department. c) Authorize Bid Advertisement - Emergency Generators for Sewer Lift Stations Council has directed staff to review the need for the City to acquire emergency generators for the lift stations. The proposal includes a generator and electrical work for the water supply wells, which the Water Board has previously authorized for bidding. The two projects are being bid together with the intent to gain more favorable bids, however, the Water Board will be solely responsible for their portion of the costs associated with the generator and electrical work for the water supply wells. It was proposed that three generators be purchased for emergency purposes. MOTION by Gamer, second by Strachan to authorize the advertisement for bids for the sewer lift station improvements and emergency generators. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Approve Eagle's Club Assessment Agreement The Eagles Club is in the process of completing the parking lot portion of their project. They are requesting to have the remaining development fees for this portion of the project paid as an assessment to the property. MOTION by Cordes, second by Gamer to approve the Assessment Agreement for the Eagle's Club parking lot and other improvements. APIF, MOTION CARRIED. b) Accept Year 2000 Compliance Report Year 2000 Coordinator, John Erar, presented a Year 2000 Compliance progress report to Council. There are no known problems at this time relative to the Year 2000. Staff is sending letters to all of the City's providers so we have documentation to provide us with some limited liability coverage. Council Minutes (Regular) November 2, 1998 Page 5 13. COUNCIL ROUNDTABLE Councilmember Strachan: Congratulations to Glenn Mogenson on his promotion. The new water tower looks great. Councilmember Fitch: The West side of County Road 31 is open. City Administrator Erar: Reminded Council of the Canvassing Board meeting on November 4, 1998 at 4 p.m. Mayor Ristow: He attended the Halloween Walk. Approximately 2,000 people attended. 14. ADJOURN Council went into Executive Session at 9:00 p.m. and adjourned from Executive Session at 9:32. Council adjourned the Council meeting at 9:35 p.m. Respectfully submitted, ~) .~ / . . . ..~ .' 0~? /Z'?~ .?72d&J '- Cynthia Muller Executive Assistant /~ COUNCIL MINUTES CANVASSING BOARD November 4, 1998 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 4:00 p.m. 2. APPROVE AGENDA MOTION by Strachan, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 3. ACCEPT LOCAL ELECTION RESULTS MOTION by Gamer, second by Strachan to adopt RESOLUTION R113-98 accepting results of the municipal election - November 3, 1998. APIF, MOTION CARRIED. 4. ADJOURN MOTION by Fitch, second by Gamer to adjourn at 4:05 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~J~ Karen Finstuen Administrative Services Manager KF/cm City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7J TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Organizational Realignment - Parks and Recreation Department DATE: November 16, 1998 INTRODUCTION An opportunity to modify the existing full-time position of Recreation Programming Supervisor into two part-time positions under a job share arrangement is being planned. In an effort to maintain quality, responsive, cost-effective recreational programming by qualified staff, a review of existing recreation programming service levels and customer expectations has been completed. DISCUSSION By its very nature, contemporary recreational programming In this respective urbanized community environment encompasses a wide variety of inter-related organizational and community-based activities. Typically, this includes program development, scheduling and supervision, seasonal program staffing and training, program sign-up processes and customer service, developing quarterly recreation bulletin publications, overseeing senior center, community sports teams and municipal pool programming, special youth activities programming, school district recreation program coordination and overall program monitoring. In light of the rapidly growing population and shifting demographics of the community, the challenges associated with simply maintaining existing service levels is of significant prominence in meeting community programming needs. Accordingly, the opportunity to create a job-sharing arrangement for this position that will facilitate the retention of a highly qualified and knowledgeable staff member and allow the City to recruit another qualified part-time staff person to jointly oversee current recreational program service levels is of significant operational value. In thoughtfully considering the existing organizational relationships from the perspective of providing quality recreational programming services, along with having had the opportunity to both observe and study the current organizational structure and related support functions, and with the recommendation of the department director and human resources coordinator, it is my assessment that the organization should migrate the existing position to a job sharing arrangement. In thoroughly planning this change, the department will retain full rights to re-evaluate this position, in terms of performance and effectiveness and make the necessary readjustments to ensure that appropriate service level expectations are being satisfied. In practice, the job sharing arrangement will be monitored on an on-going basis, and could be re-examined and returned to full-time equivalent status if warranted. BUDGET IMP ACT None. It is anticipated that the job sharing arrangement will actually reduce staffing costs as regular part-time positions are ineligible to receive fringe insurance benefits. The need to be flexible in human resource management issues is especially crucial during very tight labor markets in order to retain highly qualified personnel and reduce unnecessary disruptions in service operations. ACTION REQUESTED For information only. ~ ~spe7btt~ J.OO F. Erar ity Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director FROM: SUBJECT: Acknowledge Change Order - 2nd Street Parking DATE: November 16, 1998 INTRODUCTION During the construction of the 2nd street parking lot, staff identified the need to add landscaping to the parking lot planting beds. DISCUSSION The original construction plans for the 2nd street parking lot did not include landscaping. Staff has designed a plan for landscaping within the planting beds and around the Farmington Business Sign. Three written quotes were obtained and the cost of the project falls within the originally adopted 2nd street parking lot budget. This landscaping project will complete the 2nd street parking lot project. Quotations were received from Switzers Landscaping for $3,234.00; IT. Sales and Service for $3,940.00 and God's Country Nursery for $3,891.00. BUDGET IMPACT The changes requested will result in landscaping costs of $ 3,234.00. The additional funding for the change order falls within the project budget, and no other re-appropriation is necessary. ACTION REQUESTED For information only, as the change order costs to add landscaping to the 2nd street parking lot project fall within the previously approved project budget. Respectfully submitted, .?~p~ James Bell Parks and Recreation Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /eI TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Adopt 1999-2003 Capital Improvement Plan DATE: November 16, 1998 INTRODUCTION At the recent Council Workshop held on October 21, 1998, Council reviewed the proposed 1999- 2003 Capital Improvement Plan. DISCUSSION Pursuant to Council review and direction, the Capital Improvement Plan (CIP) is being finalized and will be presented at the Council meeting for final adoption. While Council did discuss the need to address facility planning issues at the workshop, it was staffs understanding that this process would be initiated in mid-year 1999, with planning activities encompassing a 12-18 month timetable. It was discussed that Council will need to determine an appropriate facilities funding approach by Fall 2000, and would want to begin the construction phase of new facilities as recommended by a Capital Improvement Committee at the beginning of the year 2001. BUDGET IMP ACT Planned expenditures are subject to individual review and approval by Council as noted in the CIP document. ACTION REQUESTED Adopt the 1999-2003 Capital Improvement Plan as presented. / hn F. Erar City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?~ TO: Mayor, Councilmembers and City Administrator1~ FROM: Joy Lillejord, Recreation Program Supervisor SUBJECT: Approve Application for Elderly and Disabled Transit Providers Grant DATE: November 16,1998 INTRODUCTIONIDISCUSSION Staff is requesting City Council approval to apply for a Federal Capital Assistance for Elderly and Disabled Transit Providers Grant. This grant is being offered to the City by the Minnesota Department of Transportation Office of Transit. Staff is looking into applying for this grant jointly to strengthen the odds of receiving the grant. The goal of the Federal Transit Administration program is to provide capital assistance in meeting the . special transportation needs of elderly persons and persons with disabilities residing in urban, small urban and rural areas. The department is interested in applying for this grant to replace the current 1982 Senior Center Van, which is in need of replacement. BUDGET IMP ACT Eighty percent (80%) federal funding is available from the United States Department of Transportation, Federal Transit Administration for the purchase of accessible vehicles. The remaining twenty (20%) must be funded by the City and must be available at the time the vehicle is ordered in the Fall of2000. Staff will be applying for the Mid-Size Bus which will hold 10-18 passengers with 2 wheelchair positions. The cost of the bus is $56,700 less the 80% ($45,360) provided by grant money. This leaves $11,340 that will need to be underwritten through other sources, such as, local charitable gambling organizations andlorundesignated CDBG monies. ACTIONREOUIRED Adopt a resolution authorizing application for the Federal Capital Assistance for Elderly and Disabled Transit Providers Grant. Respectfully submitted, d11Kruull~OY~ Joy ~ Lillejord Recreation Program Supervisor RESOLUTION NO. R -98 APPROVING AN APPLICATION FOR MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT FOR ELDERLY AND DISABLED TRANSIT PROVIDERS 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 16th day of November 1998 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Minnesota Department of Transportation Office of Transit provides grants to provide capital assistance in meeting special transportation needs of elderly and disabled persons; and, WHEREAS, the Farmington Area Senior Center van is in urgent need of being replaced at a cost of $56,700; and, WHEREAS, the Department of Transportation will provide eighty percent (80%) of the funding required ($45,360) and the City will provide the remaining twenty percent (20%) of the funding ($11,340). NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby approves the Application for a Minnesota Department of Transportation Office of Transit Capital Assistance Grant for Elderly and Disabled Providers to purchase a Senior Center van. BE IT FURTHER RESOLVED that the City agrees to budget the remaining 20% ($11,340) of the cost of said van in the Year 2000. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of November 1998. Mayor Attested to the 16th day of November 1998. SEAL City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lr TO: Mayor and Councilmembers City Administrator ~ David L. Olson Community Development Director FROM: SUBJECT: Release of Property from Development Contract DATE: November 16, 1998 INTRODUCTION The property located at Lot 2, Block 1, Dakota County Estates 9th Addition is in the process of being sold. As part of the examination of the title for the property, it is being requested that the property be released from the obligations of the Development Contracts for Dakota County Estates 3rd, 4th, 7th, and 9th Additions. DISCUSSION Typically when individual lots are sold in new developments, title companies do not require a formal release of the Development Agreement for each lot. However recently with the sale of commercial and multi-family lots, this request is being made on a more frequent basis. As the attached release indicates, special assessments pending on the lot are not being released nor are any other regulations or city fees to develop the lot. BUDGET IMPACT None ACTION REOUESTED Approve the attached Release of Development Contract for Lot 2, Block 1, Dakota County Estates 9th Addition. ~~ D~lson Community Development Director RELEASE OF DEVELOPMENT CONTRACT PARTIAL RELEASE of Development Contract granted this 16th day of November, 1998, by the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"). Recitals 1. The City of Farmington and John A Benedict Associates, Evergreen Investments, Inc (John Benedict) and Jack Benedict and Associates, Inc. entered into Development Contracts for the plats of Dakota County Estates Second and Third Addition dated April 7, 1986 and recorded July 16, 1986 as Document No. 733612, and Dakota County Estates 7th Addition dated May 29, 1992 and recorded November 5, 1992 as Document 1078278, and Dakota County Estates 9th Addition dated September 9, 1994 and recorded on May 31, 1995 as Document No. 1281106. 2. The City has been requested to grant a release for the following lots: LOT 2, BLOCK 1, Dakota County Estates 9th Addition. 3. The Development Contracts authorize the City to release lots from the Development Contract. NOW, THEREFORE, BE IT RESOLVED by the City of Farmington: 1. With the exception of any special assessments that are currently either levied or pending, the foregoing lot is released from the foregoing Development Agreements. 2. This release does not waive any other city regulations or fees required to develop the lot hereby released from the development contracts. Dated this 16th day of November, 1998. CITY OF FARMINGTON BY: Gerald Ristow, Mayor (SEAL) AND John F. Erar, City Administrator STATE OF MINNESOTA) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 19 , by Gerald Ristow and by John F. Erar, the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by the City Council. NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve 317 Eagandale Office Center Eagan, Minnesota 55121 Telephone: (651) 452-5000 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 3 TO: Mayor, Councilmembers and City Administrator1~ FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Placement of Neighborhood Watch Signs DATE: November 16, 1998 INTRODUCTION I DISCUSSION Neighborhood Watch is a crime prevention program from Minnesota Crime Watch. It is intended to unite neighbors in the common goal of taking care of their community. Residents learn to take care of their personal safety, family and home safety and fmally the safety of their neighborhood. Regular contact with each other and the Police Department allows a channel of communication for timely and accurate information. The residents of the Linden Street neighborhood have requested assistance in initiating a Neighborhood Watch Program. Police Department staff has met with the group several times over the past few months and has assisted them in completing the necessary personal and home security requirements of the Program. At this time the neighborhood is qualified for the installation of signs indicating they have formed a Neighborhood Watch Program. Two signs will be installed in the Linden Street Neighborhood. One will be posted on Fifth Street north of Willow Street. The second will be installed on Seventh Street north of Willow Street. BUDGET IMPACT The Neighborhood Watch signs were included in the 1998 Budget and are in stock at the Police Department. ACTION REOUESTED Authorize installation of signs designating the Linden Street community a Neighborhood Watch area. Respectfully submitted, ~~/"'! .i ::'~"il?6,t:-.-'1 "-'~ I l ' "- Daniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers, City Administratot{i FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Request MnDot Cooperative Agreement - Improvements at Willow and T.H.3. DATE: November 16, 1998 INTRODUCTION At the May 18th, 1998 City Council meeting, Council passed a resolution requesting that MnDOT enter into a cooperative agreement for the proposed improvements to the east frontage road ofT.H. 3 at Willow Street. See attached memo from May 18, 1998. DISCUSSION MnDOT has begun the project selection process for their Municipal Agreement Program. In order for Farmington's request to be considered, MnDOT has requested that the attached resolution be adopted and forwarded to MnDOT by November 30, 1998. The resolution contains the official wording that MnDOT requires from Cities that request funding for projects through the Municipal Agreement Program. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution requesting financial participation from MnDOT for the improvements to the Trunk Highway 3 east frontage road at Willow Street. Respectfully submitted, 'dh?~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file 12Cl- TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Request MnDot Cooperative Agreement - Improvements at Willow and T.H. 3. DATE: May 18, 1998 INTRODUCTION At the April 6th, 1998 Council Meeting, Council approved the preliminary plat for the Glenview Townhomes project. One of the conditions of the approval of that project is that the frontage road adjacent to the Giles property be improved which would include improvements at the intersection with Willow Street in front ofWausau Lumber. DISCUSSION It is the opinion of City staff and the Developer's engineer that improvements to the frontage road at the intersection of TH 3 and Willow will benefit MnDOT and the Trunk Highway as well as the adjacent property owners. Therefore it is proposed that the frontage road project be initiated as a City project so that the City can request participation in the form of funding for the project from MnDOT. The projects that MnDOT is participating in this year have already been selected. Occasionally, however, there is extra money left over and MnDOT looks for smaller projects to fund. It is with this possibility in mind that staff is recommending that the Council request a cooperative agreement for this project at this time. For the State to consider and ultimately fund the project, a feasibility report will need to be prepared that would iQentify the project costs and method of financing. Once staff receives an indication from the State regarding their position on the City's request, staff will come back to Council for authorization to prepare a feasibility report. It is staffs opinion that the Giles property and Wausau Lumber would both be benefiting properties under the City's special assessment policy and would need to participate in the proportionate share of those costs that MnDOT would not fund. In addition, right-of-way will need to be acquired from Wausau if the project goes forward. Consistent with Council's stated position that development needs to pay for itself, it would not be recommended that City funds be expended on this project. BUDGET IMPACT . None. I CitlJ of FarminfJton 325 Oalc Street. Farminfjton, MN 5502~ · (612) ~63*7111 . Falf (612) 463*2591 ACTION REQUESTED Adopt the attached resolution requesting that MnDOT enter into a cooperative agreement with the City for the improvements related to the frontage road along TH 3 in the vicinity and at the intersection with Willow Street. Respectfully submitted, ~>>1.~ Lee M. Mann, P.E. Director of Public. Works/City Engineer cc: file CITY OF FARMINGTON RESOLUTION NO. 98- A RESOLUTION REQUESTING FUNDING FROM Mn/DOT THROUGH THE MUNICIPAL AGREEMENT PROGRAM. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Civic Center of said City on the 16th day of November, 1998 at 7:00 PM. The following members were present: The following members were absent: WHEREAS, the City of Farmington wishes to realign the Trunk Highway 3 East Frontage Road at Willow Street; and WHEREAS, the City of Farmington is requesting financial participation in the project from the Minnesota Department of Transportation (MnlDOT) through the Municipal Agreement Program; and WHEREAS, the City of Farmington is committed to providing the local share of the costs if the project is selected as a part of the upcoming Municipal Agreement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Dakota County, Minnesota, that the City of Farmington is requesting funding from Mn/DOT for the Trunk Highway 3 East Frontage Road project and is committed to providing the local share for such project. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of November 1998. Gerald Ristow, Mayor ATTEST: John Erar, Administrator CERTlFlCA TlON State of Minnesota County of Dakota City of Farmington I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Farmington at a duly authorized meeting thereof held in the City of Farmington, Minnesota, on the 16th day of November 1998, as disclosed by the records of said City in my possession. (SEAL) John Erar, Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Sa- FROM: Mayor, Councilmembers, City Administrato~ Robin Roland, Finance Director TO: SUBJECT: Adopt Resolution - Certification of Delinquent Municipal Services to 1999 Tax Rolls DATE: November 16, 1998 INTRODUCTION The City's municipal services (utilities) experience delinquent accounts similar to private enterprises. DISCUSSION Minnesota State Statutes 444.075 grants municipalities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. This statute provides the City the ability to collect unpaid accounts without incurring significant costs. The City Council adopted the policy of certification of delinquent utility accounts at their July 20, 1998 meeting effective August 1, 1998. All property owners with delinquent utility bills (over 90 days overdue) have been notified by mail and may pay their delinquent amount by December 1, 1998 to avoid certification. The mailed notice advised delinquent utility customers that the City Council would consider this item on November 16, 1998 at a public hearing. Notice was also published on November 5, 1998. BUDGET IMPACT At the time of the mailed (and published) notice, 338 accounts in the total amount of $104,168.95 were outstanding. Payments have been received and applied to account balances in the interim. Only those accounts with delinquent balances remaining after December 1, 1998 would be certified to the tax rolls as a one year special assessment. ACTION REQUIRED Adopt the attached resolution certifying the delinquent accounts as special assessments to the 1999 taxes of the appropriate properties. Respectfully submitted, e:~/ Finance Director PROPOSED RESOLUTION R - 98 CERTIFYING DELINQUENT MUNICIPAL SERVICE ACCOUNTS TO THE DAKOTA COUNTY TREASURER/AUDITOR Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Civic Center of said City on the 16TH day of November, 1998 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City has provided sewer, water, storm water and solid waste removal services to users of the municipal utilities; and WHEREAS, the City has invoiced these users for the services and payment on some of these invoices is delinquent; and WHEREAS, Minnesota Statute 444.075 allows the City to certify charges associated with the municipal services as special assessments with the County Auditor, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, that: 1. Delinquent charges associated with the municipal services shall be certified to the County Auditor for collection as special assessments. 2. The special assessments shall be due and payable over a term of one (1) year at an annual rate of eight (8.0) percent. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16TH day of November, 1998. Mayor Clerk/Administrator Attested to the day of ,1998. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 8b FROM: Mayor, Councilmembers, City Administrato~ Robin Roland, Finance Director TO: SUBJECT: Adopt Resolution - Certification of Delinquent City Service Charges to 1999 Tax Rolls DATE: November 16, 1998 INTRODUCTION The City provides various services to residents by request or by requirement of the City Code which are then invoiced to the resident. These invoices sometimes fall into delinquency. DISCUSSION Minnesota State Statutes 429.101 grants municipalities the authority to certify delinquent City service accounts to property owners' real estate taxes as a special assessment for collection. This statute provides the City with the ability to collect unpaid accounts without incurring significant costs. All affected property owners have been notified by mail and may pay their delinquent amount owing by December 1, 1998 to avoid certification. The mailed notice advised them that the City Council would consider this item at a public hearing on November 16, 1998. Notice was also published on November 5, 1998. BUDGET IMPACT At the time of the mailed (and published) notice, 5 accounts in the total amount of $599.91 were outstanding. Only those accounts with delinquent balances remaining after December 1, 1998 would be certified to the tax rolls as a one year special assessment. ACTION REQUIRED Adopt the attached resolution certifying the delinquent City service accounts as special assessments to the 1999 taxes of the appropriate properties. ~~ . . Robin Roland Finance Director PROPOSED RESOLUTION R - 98 CERTIFYING DELINQUENT CITY SERVICE CHARGE ACCOUNTS TO THE DAKOTA COUNTY TREASURER/AUDITOR Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Civic Center of said City on the 16TH day of November, 1998 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City has provided requested and required services to residents; and WHEREAS, the City has invoiced these users for the services and payment on some of these invoices is delinquent; and WHEREAS, Minnesota Statute 429.101 allows the City to certify charges associated with the municipal services as special assessments with the County Auditor, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, that: 1. Delinquent charges associated with these City services shall be certified to the County Auditor for collection as special assessments. 2. The special assessments shall be due and payable over a term of one (1) year at an annual rate of eight (8.0) percent. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16TH day of November, 1998. Mayor Clerk/Administrator Attested to the day of ,1998. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~c. TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Service Manager SUBJECT: 1999 License Renewal Public Hearing DATE: November 16, 1998 INTRODUCTION Pursuant to City Ordinance 3-12-6-2, a public hearing must be held to renew On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses and Club Licenses. Ordinance 3-15-8C regulates the renewal of Saunas and Therapeutic Massage Licenses. DISCUSSION The following establishments have submitted their applications for renewal: On-Sale Liquor - American Legion Farmington Lanes Long Branch Saloon and Eatery On-Sale Sunday - American Legion Eagles Club Farmington Lanes Long Branch Saloon and Eatery VFW Club Club Licenses - Eagles Club VFW Club Sauna and Therapeutic Massage - Rite Touch Therapeutic Massage The required attachments, fees and insurance information have been submitted with the applications. Police Chief Siebenaler has reviewed the forms and approved the applications. Public Notice establishing the public hearing date and time was published on November 5, 1998. BUDGET IMPACT The fees collected are as proposed in the revenue portion of the budget. ACTION REQUIRED Approve the 1999 On-Sale Liquor, On-Sale Sunday Liquor, Club, and Therapeutic Massage Licenses for the businesses listed above. Respectfully submitted, ~~}~ Karen Finstuen Administrative Services Manager 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: Customer Satisfaction Survey Report DATE: November 16, 1998 INTRODUCTION In an effort to meet and understand our citizen's needs and concerns, the City has adopted a customer service satisfaction program. This program is designed to ascertain and measure the level of customer satisfaction during service-related interactions. All citizen contacts with the City are documented in terms of complaint type, referring department, priority of service request and service outcomes. Responses are typically anonymous ensuring that citizens with negative experiences are just as likely to respond as those with positive service experiences. Accordingly, it is the City's intent to use this information as a customer service tool to improve and promote the importance of excellence in customer service. DISCUSSION The table below reflects summary statistics generated by Customer Action Request forms over the months of April through July. Summary response percentages are generated through the analysis of monthly reports and include response data from all operating City departments. On average, over ninety-five percent (95%) of citizen requests for service are handled and addressed within a 1-3 day period. Typically, from that point it requires approximately 90 days to receive, process, compile and analyze the survey response data into monthly reports. In terms of how "promptly the City reacted to citizen requests", the degree of "how personally satisfied citizens were with service outcomes", and was City staff "courteous and helpful" in responding to citizen requests, response data suggests a very high level of customer satisfaction in all three categories. In terms of core customer service skills, City staff have achieved an impressive 99% rating in "courteous and helpful service" regardless of how personally satisfied a resident was with service outcomes. This underscores the organization's commitment to treat each resident contact as a highly valued customer relations opportunity. In terms of how personally satisfied a resident is with a specific service outcome, staff responses are, in most cases, controlled by State Statutes, City ordinances, available staff resources and/or service priorities. In some cases, responses are a function of a third party who must respond to a given situation at the insistence of City staff Overall, a summary rating of 85% is a very respectable response ratio given the heightened demands and expectations of the general public towards local government. Notwithstanding, the City will continue to place added emphasis on excellence in customer service satisfaction. BUDGET IMPACT None. ACTION REOUESTED Acknowledge the Customer Service Satisfaction reports for April through July 1998. Staff will continue to present customer service satisfaction data to Council as it becomes available. Respectfully Submitted, 11~ file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOb TO: Mayor and Council Members City Administrator ~ FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Application to Amend the Comprehensive Plan DATE: November 16, 1998 INTRODUCTION Mr. Benedict is requesting a Comprehensive Plan Amendment from the existing low-density residential to medium-density residential. The proposed development for the property consists of a senior cooperative housing facility on 13.7 acres. DISCUSSION The property is located west of Pilot Knob Road between Upper 183rd Street West and Euclid Path. The property is densely forested with a dilapidated farmhouse and farm building in the center of the site. The property is quite steep along the western edge of the plat with an existing slope of 8%. The site generally falls to an existing 5% slope from the center of the site eastward. The site generally drains towards the east to the ditch area of Pilot Knob Road. There is an existing small stream that runs through the middle of the site possibly draining from a spring near the top of the hill. Adjacent land uses surrounding the property include low-density residential to the north in the Terra Addition, City parkland and low-density residential to the west in the Pine Ridge Forest subdivision, low-density residential to the south in the Nelson Hills Farm development and limited business to the east across Pilot Knob Road. High-density areas are located directly behind the business sites with Dakota Meadows Townhomes and Sherburne Deck Homes. Townhomes of Nelson Hills Farm are located further south of the proposed development along the west side of Pilot Knob Road. The existing limited business across Pilot Knob Road and the high-density residential to the south ofthe property consisting of the Nelson Hills Townhomes development provide compatible land uses to the proposed medium-density residential. Mr. Benedict will dedicate 1. 72 acres ofthe site to the City for parkland at the southwest comer of the property. The City will also receive 3.53 acres of unbuildable land from Mr. Benedict located at the southeast comer of the property, thereby creating a natural buffer to the west and south of the property. The low-density residential to the north is the only side ofthe site that may be impacted by the medium-density proposal. The Developer proposes to buffer this area with natural vegetation and provide a dense screen at the northern portion of the site. The City Thoroughfare Plan illustrates Pilot Knob Road as a minor arterial roadway and the site will not be accessible to Pilot Knob Road. Euclid Street is designated as a local street and will provide access from the site to Upper 1 83rd Street to the north and Euclid Path to the South, both streets connecting to Pilot Knob Road towards the east. The application to amend the Comprehensive Plan was reviewed and approved by the Planning Commission at their October 29, 1998 meeting. Accordingly, the Planning Commission is recommending approval of the requested Comprehensive Plan amendment. ACTION REQUESTED Adopt the attached resolution approving the Comprehensive Plan Amendment from Low-Density Residential to Medium-Density Residential for 13.7 acres owned by Jack Benedict, subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. Respectfully Submitted, ~.~ Lee Smick, AICP Planning Coordinator cc: Wensco, Inc. RESOLUTION NO. AMENDING THE COMPREHENSIVE PLAN JACK BENEDICT PROPERTY 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 16th day of November, 1998 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, a public hearing to review the proposed Comprehensive Plan Amendment for the Jack Benedict property was held on the 29th of October, 1998 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the Planning Commission has recommended favorable action by the Council with certain conditions after receiving and evaluating comments from various parties; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. WHEREAS, the Planning Commission, at a public hearing held on October 29 1998, recommended approval of the Comprehensive Plan Amendment contingent on revising the legal description as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the Comprehensive Plan Amendment for the Jack Benedict property from Low-Density Residential to Medium-Density Residential. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of November, 1998. Mayor Attested to the _ day of November, 1998. City Administrator PARC~L A: All ~hat part of the Sou&h Half of the south Half of the Northeast Quarter of Section 14, Township 114. Ranqe 20, Dakol:.a'county', 'Minnesota, described asl follows: i Commence at the Southeast corner of said Northeast Quarte~, the poine of. beqinninq; thence North 00 deqrees 06 minutes 32 seconds West, along the east line of said Northeast Quarter. a distance of 658.90 feet to the north line of said South Half of the South Half of said Northeast ouarter~ thence South 89' de~rees 27 minutes 23 seconds West, along said north line, a distance of 725.08 feet; thence South lS deqrees 03 minutes 47 seconds East a distance of 217.96 feet; thence Southerly 396.82 feet along the' arc of a curve concave to the east whose radius is 430'.00 feet and whose chord bears South 41 degrees 129 minutes 01 seconds East, to a pOint of reverse curvature: ~hence SoutheastetlY 201.41 feet along ~he arc of a curve concave to the southwest whose radius ~s 170.00 feet and whoae chord bears South J3 degrees 58 minutes 49 seconds Ea~t to a point of the south line of said Northeast Quarter; thence North 89 deg~ees 29 minutes 48 seconds East, along Baid SQuth line, a distance of 310.00 fee i to the point of beqinninq and there terminating_ I , PARCEL B: All thaI:. part of the South Half of I:.he South Half of the Northeast Quarter f Section 14, Township 114, Ranqe 20, Dakota County, Minnesota, described as follows: Commence at ~he Southeast cor~er of sald Northeast Quarte~: thence Norl:.h 00 .deQrQQs 06 minutes 3~ seconds Wes~. alonq tho east line of said Northeast Quarter, a distance of 658.90 feet to the north line of said South Half of the South Half of said Northeas't Quarter: thence Sou.th 89 c:ieQrses 27 minutes 231, seconds West, a10n9 said north line, a distance of J25.08 feet to the pointiof beginninQ: continue thence south 89 degrees 27 minutes 23 seconds East a ~ distance of 183.J9 feet to the east line of the west 26 acres of said SoutW Half of the South Half of the Northeast Quarter, thence South 00 deqrees 10: minutes 12 seconds East, alonq said east line, a distance of 328.01 feet1 . thence North 89 de9reee 27 minutes 23 seconds East a distance 289.67 feel:.: I thence Northerly 127.55 feet alonq the arc of a non-tangential curve concave to the BaIt whQGe radius is 430.00 feet and whose chord bears North 23 deqreeu 32 minutes 40 seconds west, thence North 15 deqrees 02 minutes 47 aeconda West a distance of 217.~6 feet to the point of beginnin9 and there terminatin9' I a. m ~ c o .- +-oJ C m m 0 -0 Q.......J a>o. .~ 0 en I c 0 .0 a> en L-"'C 0.0 E 0 o~ Oc o L- a> E m o ~ z*oo ~ ~ ., " c 5 ! 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'.'" ~ 'v0~ I=! ~ t!= ~ :j Bt'W:\"~ ~ =~ ~I~~ ~m~7~'L_~ - l: ~ m~ t=_Wt=~ I ~~ ==:= t:/ '>~ - =- >- ~ ~ -r;r:. = E=:= , ~ it-- e-,- J.....,~ '//T\- t j,~;-~ ~~;PY; .r Hr-; ':' IT1:I7 "- ~~ H g. ~ =8 c::: .;;r~ ! ~ [Tr1 ~ HK ~~~~cthJ=~f--'-~S ~~'), .~!~ vir ::::~~ :=:== "ll hll t: f;" I("J ! ---' t-'r\; c-- := :=;:: :g PJJ t=w.Y' ! ~ n , [J. >-:=:= VJ c: 'l0' I '-'" T \ fn't;~ LL- t= T I I \ Y i Cl> 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 ^ () Planning Coordinator lfX FROM: DATE: October 27, 1998 RE: Application to Amend the Comprehensive Plan Planninl!: Division Review Applicant: Jack Benedict 311 Oak Street Farmington, MN 55024 (651) 460-6866 Attachments: 1. Location Map . 2. Comprehensive Plan Map' 3. Transportation Plan Map Location of Development: North of Nelson Hills Farm, West of Pilot Knob Road, South of Terra Addition and East of Pine Ridge Forest subdivision (see attached map). Area Bounded by: Existing single-family development to the north and south, future commercial to the east and parkland to the west. Size of Property: 13.7 total acres Comprehensive Plan: Low Density Residential Current Land Use: Vacant Proposed Comprehensive Plan Amendment: Amend the property from Low Density Residential to Medium Density Residential. Existing Conditions: The western portion of the site is densely wooded with a variety of trees mostly of which are pines of less than 10 feet in height. The remaining portions of the site have been somewhat cleared, although larger trees along the north and central portions of the site remain. An existing house is located near the east-central portion of the site that will be removed. Topography: The property is quite steep along the western edge of the plat with an existing slope of 8%. The site generally falls to an existing 5% slope from the center of the site eastward. The site generally drains towards the east to the ditch area of Pilot Knob Road. There is an existing small stream that runs through the middle of the site possibly draining from a spring near the top of the hill. Wetland: No wetlands exist on the site. Flood Plain: There is no flood plain that effects this property. Additional Comments: Mr. Benedict is requesting is requesting a Comprehensive Plan Amendment from the existing Low Density Residential to Medium Density Residential. The proposed development for the site consists of a senior cooperative housing facility on 13.7 acres. Adjacent land use surrounding the property includes Low Density Residential to the north in the Terra Addition, City parkland and Low Density Residential to the west in the Pine Ridge Forest subdivision, Low Density Residential to the south in the Nelson Hills Farm development and Limited Business to the east across Pilot Knob Road. High density areas are located directly behind the business sites with Dakota Meadows Townhomes and Sherburne Deck Homes. Townhomes of Nelson Hills Farm are located further south of the proposed development along the west side of Pilot Knob Road. The existing Limited Business across Pilot Knob Road and the High Density Residential to the south of the property consisting of the Nelson Hills Townhomes development provide compatible land uses to the proposed Medium Density Residential. Mr. Benedict will dedicate 1.72 acres of the site to the City for parkland at the southwest comer of the property. The City will also receive 3.53 acres of unbuildable land from Mr. Benedict located at the southeast comer of the property, thereby creating a natural buffer to the west and south of the property. The Low Density Residential to the north is the only side of the site that may be impacted by the Medium Density proposal. The Developer proposes to buffer this area with natural vegetation and provide a dense screen at the northern portion of the site. The City Thoroughfare Plan illustrates Pilot Knob Road as a minor arterial roadway and the site will not be accessible to Pilot Knob Road. Euclid Street is designated as a local street and will provide access from the site to Upper 183rd Street to the north and Euclid Path to the South, both streets connecting to Pilot Knob Road towards the east. Requested Action: City staff recommends forwarding an approval to the City Council to amend the Comprehensive Plan for the Jack Benedict property from Low Density Residential to medium Density Residential subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. Respectfully Submitted, ~~ Lee Smick, AICP Planning Coordinator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O~ TO: Mayor and Council Members City Administrato~ Lee Smick, AICP Planning Coordinator FROM: SUBJECT: Application to Rezone Benedict Property DATE: November 16, 1998 INTRODUCTION Mr. Benedict is requesting to rezone his property consisting of 13.7 acres as amended in the Comprehensive Plan from the existing R-l PUD - Low Density - Single Family Planned Unit Development to R-2 PUD - Medium Density - Single Family Planned Unit Development. DISCUSSION The proposed development consists of two, 3-story, 41-unit buildings on 13.7 acres. The gross dwelling units per acre is 82 units/13.7 acres calculating to 6.0 units/acre, over the allowable 4.5 units/acre in an R-l PUD zoning district. The proposed R-2 PUD district allows a maximum gross dwelling units per acre of7.0. Adjacent zoning districts surrounding the property include R-l Low Density - Single Family to the north in the Terra Addition, R-l PUD Low Density - Single Family Planned Unit Development to the west in the Pine Ridge Forest subdivision, R-l PUD Low Density - Single Family Planned Unit Development to the south in the Nelson Hills Farm development and B-1 Limited Business to the east across Pilot Knob Road. Mr. Benedict will dedicate 1.72 acres of the site to the City for parkland at the southwest comer of the property. The City will also receive 3.53 acres of unbuildable land from Mr. Benedict located at the southeast comer of the property. The remainder of the site consists of two lots comprising 3.39 acres in Lot 1 and 2.81 acres in Lot 2. The City Thoroughfare Plan illustrates Pilot Knob Road as a minor arterial roadway. Euclid Street is designated as a local street and will provide access from the site to Upper 183rd Street to the north and Euclid Path to the South, both streets connecting to Pilot Knob Road towards the east. The Planning Commission reviewed and approved the application to rezone the Benedict property from R-l PUD to R-2 PUD at their October 29, 1998 meeting. Accordingly, the Planning Commission is recommending approval of the requested rezoning application. ACTION REQUESTED Adopt the attached ordinance approving the rezoning of the Jack Benedict property from R-l PUD - Low Density - Single Family Planned Unit Development to R-2 PUD - Medium Density - Single Family Planned Unit Development and approval of the proposed schematic PUD plan subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. Respectfully Submitted, ":?~. n-~-. /... L-(~e Smick, AICP Planning Coordinator cc: Wensco, inc. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Rezoning the Jack Benedict property from R-l PUD to R-2 PUD. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: WHEREAS, the City Council approved a petition to rezone the Jack Benedict property on the 16th day of November, 1998 from R-1 PUD to R-2 PUD; and WHEREAS, the Planning Commission, at a public hearing held on October 29, 1998, recommended approval of the rezoning contingent on revising the legal description as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the City Zoning Ordinance rezoning the Jack Benedict property from R-1 PUD to R-2 PUD. Enacted and ordained on the _ day of November, 1998. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of ,1998. CITY ATTORNEY Published in the Farmington Independent the _ day of ,1998. PARe!;L Al \ i All that part of the South Half of the South Half of the Northeast Quarter ot Section 14, Township 114, Ranqe 20, Dakota county, 'Minnesota, described 8S I follows: i Commence at the Southeast corner of said Northeast Quarter, the paine of. beqinninql thence North 00 degrees 06 minutes 32 seconds west, along the east line of saiQ Northeast Quarter, a distance of 658.90 feet to the north line of said South Half of the South Half of said Northeast Ouarter~ thence South 89' de~ree5 27 minutes 23 seconds West, alonq said north line, a distance of 725.08 feetl thence South 15 deqrees 03 minutes 47 seconds East a distance of 217.96 feat; thence southerly 396.82 feet along the' arc of a curve concave to the east whose radius is 430'..00 feet and whose chord hears Sou.th 401 degrees 129 minutes 01 seconds East, to a point of reverse curvature: thence SoutheastetlY . . 1 201.41 feet along ~he arc of a curve concave to the southwest whose racll.'.ls is 170.00 feet and whose chord bears South 33 degrees 58 minutes 49 seconds East to a point of the south line of said Northeast Quarter; thence North 89 deg~ees 29 minutes 48 seconds East. alonq Baid south line, a distance of 310.00 fee I to the point of beqinninq and there terminatinq. I I PARCEL B: All that part 'of the South Half of the South Half of the Northeast Ouarter f Section 14, Township 114, Ranqe 20, Dakota County, Minnesota, described as follows; Commence at the Southeast cor~er of said Northeast Quarte.: thence North 00 .deqreQs 05 minutes 3~ seconds West. alonq tho east line of said Northeast Quarter, a distance of 658.90 feet to the north line of .aid South Half of the Sou.th Half of said Northeas't Quarter; thence SOu.th 89 de.qrees 27 minutes 231, seconds West, a10no said north line, a distance of 725.08 f'eet to the point: oJ: beqinninQ: continue thence south 89 deqrees 27 min~tes 23 seconds East a : dis~ance of 183.J9 feet to the east line of the west 26 acres of said Sout~ f Half of the South Half of ~he Northeaet Quarter, thence South 00 deQrees la, ~inutes 12 seconds East, alonq said east line, a diatance of 328.01 feet, thence NOrth 89 de9rees 27 minutes 13 seconds East a distance 289.67 feet: ! thence Northerly 127.55 feet alonq the arc of a non.~anqential curve concave to th~ BaIt whose radius is 430.00 feet and whose chord bears North 23 deqreea 32 minutes 40 seconds wesl:l' thence North lS deqrees 02 minutes 47 seconds West. a distance of 217.~6 fBet to the point of b9ginninq and there terminating. 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N ~ <' ':::L"" -c;;;;;... ~ I~ ~ '\ -----~/'" ~:a 'f. :" x /-It ~)i LLTT = ~ ~ ~ r Ii-< 1;' ^:\.>l" ....1..[/'1 I = I ~- - -f-- IT Q)' Y-^\l ~ - I~~~ _ -f-- ~! [r ~~~/"~~ -"'""-L'yI8~ I '\.1' ' u :::S "0 1\.: ~ ~~ y0Y. ~<,; ~ G -:e; ::::r --< -~ .~ ~ \ ......... /VT -, ...\7; ~ ~ I rIf II 'j l.c II I I yr ..< ......i .,.,:'; . f-/ - ~ -- \ II D-/ ~ - : ". ~:I;::'J:!l'; [?E 1= I ~ I ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 WWW.ci.farmington.mn.us TO: City Planning commiss/i../J Lee Smick, AICP P Planning Coordinator FROM: DATE: October 27, 1998 RE: Application to Rezone Benedict Property Planninl! Division Review Applicant: Jack Benedict 311 Oak Street Farmington, MN 55024 (651) 460-6866 Attachments: 1. Petition to Rezone/Description of Property 2. Zoning Map 3. Conditional and Permitted Uses Location of Development: North of Nelson Hills Farm, West of Pilot Knob Road, South of Terra Addition and East of Pine Ridge Forest subdivision (see attached map). Area Bounded by: Existing single-family development to the north and south, future commercial PUD to the east and parkland to the west. Size of Property: 13 .7 total acres Comprehensive Plan: Subject to amendment application Current Land Use: Vacant Existing Zoning: R-l PUD - Low Density - Single Family Planned Unit Development Suggested Zoning Change: Rezone the property from R-l PUD - Low Density Single Family Planned Unit Development to R-2 PUD - Medium Density - Single Family Planned Unit Development. Proposed Density: The proposed development consists of two, 3- story, 41-unit buildings on 13.7 acres. The gross dwelling units per acre is 82 units/13. 7 acres this equals 6.0 units/acre which exceeds the 4.5 units/acre allowed in an R-I PUD zoning district, thereby, creating the request to rezone the property to R-2 PUD. Existing Conditions: The western portion of the site is densely wooded with a variety of trees mostly of which are pines of less than 10 feet in height. The remaining portions of the site have been somewhat cleared, although larger trees along the north and central portions of the site remain. An existing house is located near the east-central portion of the site that will be removed. Proposed Development: The Developer proposes two 3-story, 42-unit cooperative housing buildings for residents' age 62 and older. The buildings will provide underground parking for each unit. One elevator is provided for each building. Topography: The property is quite steep along the western edge of the plat with an existing slope of 8%. The site generally falls to an existing 5% slope from the center of the site eastward. The site generally drains towards the east to the ditch area of Pilot Knob Road. There is an existing small stream that runs through the middle of the site possibly draining from a spring near the top of the hill. Wetland: No wetlands exist on the site. Flood Plain: There is no flood plain that effects this property. Additional Comments: Mr. Benedict is requesting to rezone his property consisting of 13.7 acres as amended in the Comprehensive Plan from the existing R-l PUD - Low Density - Single Family Planned Unit Development to R-2 PUD - Medium Density - Single Family Planned Unit Development. Mr. Benedict will dedicate 1.72 acres of the site to the City for parkland at the southwest corner of the property. The City will also receive 3.53 acres of unbuildable land from Mr. Benedict located at the southeast corner of the property. The remainder of the site consists of two lots comprising 3.39 acres in Lot I and 2.81 acres in Lot 2. The proposed development consists of two, 3-story, 41-unit buildings on 13.7 acres. The gross dwelling units per acre is 82 units/13.7 acres calculating to 6.0 units/acre, over the allowable 4.5 units/acre in an R-I PUD zoning district. The proposed R-2 PUD district allows a maximum gross dwelling units per acre of 7.0. Adjacent zoning districts surrounding the property include R-I Low Density - Single Family to the north in the Terra Addition, R-I PUD Low Density - Single Family Planned Unit Development to the west in the Pine Ridge Forest subdivision, R-l PUD Low Density - Single Family Planned Unit Development to the south in the Nelson Hills Farm development and B-1 Limited Business to the east across Pilot Knob Road. The City Thoroughfare Plan illustrates Pilot Knob Road as a minor arterial roadway. Euclid Street is designated as a local street and will provide access from the site to Upper 183n1 Street to the north and Euclid Path to the South, both streets connecting to Pilot Knob Road towards the east. Requested Action: City staff recommends forwarding an approval to the City Council to rezone the Benedict property from R-l PUD - Low Density - Single Family Planned Unit Development to R-2 PUD - Medium Density - Single Family Planned Unit Development and approval of the proposed schematic PUD plan subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. Respectfully Submitted, ~..eL~ Lee Smick, AICP Planning Coordinator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us lOci TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: BATC Communications - November 4,1998 DATE: November 16, 1998 INTRODUCTION A communication from the Builders Association of the Twin Cities (BA TC), dated November 4, 1998, . has been received. In particular, BATC has indicated a strong desire to have additional involvement in the preparation of City Fee Schedules that would affect both the type and amount of fees proposed on new development in the City. DISCUSSION In review of past discussions staff has had with Council on this particular aspect of the City's relationship with BA TC, it was understood that the specific purpose of having a working dialogue with BA TC was to discuss changes in development policies, procedures and practices relative to engineering guidelines and design standards that were designed to facilitate a more effective relationship with developers and builders in the community. At the time this approach with BATC was being determined by Council, it was never contemplated that a special interest group, such as BA TC, would be involved in the process of establishing City fees relative to private development. In review of BA TC's request, I would present the following points for Council's consideration in terms of whether BA TC should be allowed to participate in this sensitive area of City administrative operations. 1. The direct involvement of a special interest group in the process of setting development fees that would ultimately affect their private business interests would, in many respects, be highly questionable from a public policy perspective. It would send a signal to the average citizen that the City Council is granting a special interest group a right to participate in an internal process that ultimately affects their profit-loss interests. Staff would suggest that there are certainly some ethical considerations in allowing BATC participation in this process beyond what is currently in place. Ostensibly, this would allow a private business group to participate in setting a rate structure that ultimately benefits their own personal financial interests. 2. The preparation of City fee schedules is essentially an internal administrative process that identifies cost components in providing a specific City service. Cost components generally consist of staffing, materials, external expertise, time elements, overhel:ld and other related expenses. City staff also surveys other communities, considers input directly from affected customers in normal business transactions, and consults with the City Attorney on a variety of issues affecting the legal aspects of setting fees. The proposed fee schedules are then communicated to Council for adoption. 3. BA TC meetings have already generated a considerable number of comments regarding City fees that the management team has discussed in the preparation of proposed City fees. Staff does not feel that any further involvement by BA TC is either necessary or appropriate. On a further note, developers who have had questions on their fees already have the ability to provide input and comments to City staff. 4. As it has been suggested in the past, the City's relationship with BA TC, as a special interest group, is somewhat unique. While other cities certainly acknowledge BA TC's presence in the state legislative process, and, on occasion, have had opportunities to discuss issues of mutual concern, most cities do not involve a BA TC "task force" to the same extent that our City has relative to private development concerns. And, certainly, not under a suggested framework of formal involvement by the development community in establishing proposed City fees affecting their private business interests. It should also be recognized that BA TC is a special interest group that actively lobbies the state legislature on issues affecting their membership. As a lobbying group, BA TC actively opposed a number of reforms affecting specific home construction standards as well as new property owner rights in housing construction issues. Staff does not wish to argue the merits of BA TC's position, but simply to advise the Council on the sensitivity of these issues and to be aware of the implications associated with forging too close a relationship with any special interest group. 5. Finally, as Council is aware, the City needs to be extremely careful in projecting an image that may be viewed as questionable in the minds of the general public when a regulatory body, such as the City, is allowing a private profit-driven interest to participate in a process that will ultimately affect the City's public finances, and inexorably that of the City taxpayer. While it is always a good business practice to keep communication lines open with all groups and customers that do business with the City, it should always be evaluated from the perspective of preserving the fundamental integrity of the public process. RECOMMENDATION It is recommended that the parameters of BATC's involvement in the private development process be limited to improved communications in the areas previously defined by Council, namely engineering guidelines and community development design standards. Re~pe~d, J~rM t; ld~inistrator Cc: Gary Laurent, Public Policy Chair, BATC Karen Christofferson, Public Policy Director, BATC BATC Task Force Membership November 4, 1998 Mayor Jerry Ristow Members of the City Council City of Farmington 325 Oak Street Farmington, MN 55024-1358 Dear Mayor Ristow and Members of the City Council, The Builders Association of the Twin Cities is writing to up-date you on the process established by you in April 1998, that allowed for BA TC members and city staff to work together on residential development and building. issues in Farmington. Over the past six months we have worked on engineering guidelines and design standards, we are looking at city fee schedules, erosion control methods, landscaping requirements, the process for finalizing development plats, and other issues that task force members bring to the table. We look forward to having additional input to fee schedules prior to the proposed action of the City Council in January of 1999. The work on engineering and design standards has been constant and hopefully nearing completion, also by the first of the year. Thank you for the opportunity to work through this task force process. We believe it has been beneficial and efficient. Sincerely, b~~ Gary Laurent Public Policy Chair -K~ ~~ Karen Christofferson Public Policy Director CC: Farmington Task Force; Lee Mann, David Olson, John Erar, City of Farmington 2960 Centre Pointe Drive R()seville, Minnesota 55 I 13- I 122 612/697-1954 Fax 6 I 2/697-7599 Parade Fax 6 I 2/697-7575 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IOe, TO: Mayor, Councilmembers, City Administrator~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Prairie Creek 3rd and 4th Addition Storm Sewer Project - Update DATE: November 16, 1998 INTRODUCTION The City Council held a workshop on September 16th, 1998 to discuss staff's findings regarding the petition forwarded by the citizens in Prairie Creek 3rd Addition. At that workshop, Council was informed that the current storm sewer system in the 3rd and 4th Addition does not meet City standards for storm sewer design. A preliminary review by staff indicated that the construction cost for improvements necessary to upgrade the system to City standards could cost up to $385,000 or more. Staff was directed at the conclusion of the workshop to contact and meet with the Developer of the Prairie Creek 3rd and 4th Additions, Mr. Warren Israelson, to inform him of Council's intent to bring forward a project to address the sub-standard storm sewer system and inquire as to his willingness to participate in the project costs. DISCUSSION Staff met with Mr. Israelson on October 8th and 12th, 1998 to inform him of the situation and supply him with staff's calculations regarding the storm sewer design. On October 26th, staff received a faxed letter (attached) from the Developer stating his position. Subsequently staff met with Mr. Israelson on November 9th, 1998 to confirm his intent in this matter. In the attached letter and in the meeting of November 9th, Mr. Israelson indicated that he would not be willing to pay for the improvements as identified by staff that would upgrade the system to meet City design standards. Mr. Israelson did indicate that he would be willing to pay for the installation of a pipe that would help alleviate the ponding in the back yards of the residents along Embers Avenue. However, Mr. Israelson's proposal would not bring the storm sewer system into compliance with the City's standards for storm sewer design. A map will be available at the meeting outlining Mr. Israelson's proposal. Council has included this project in the 1999 CIP and as the CIP is approved, staff will begin preparation of the feasibility report for the project. When the feasibility study is brought to Council, the budget impacts and strategies for loss control will be presented for Council's consideration. BUDGET IMPACT None at this time. ACTION REQUESTED For information only. Respectfully submitted, Okm~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Warren Israelson, Progress Land Company Resident petitioners in Prairie Creek W1/1.',D. RO.GRESS "lLANo COMPANY INC. j ...-.-..,.,.... October 26, 1998 Mr. Lee Mann, City Engineer City of Fannington 325 Oak St Fatmington MN 55024 RE: Prairie Creek Third and Fourth Addition Storm Sewer Dear Lee, We met on Thursday, October 8, 1998, along with other City staff to discuss the storm sewer system in Prairie Creek Third and Fourth Additions. At that meeting, the City staff informed me that they received a petition regarding ponding in the back yards of Lots 15-24, Block 2, Prairie Creek Third Addition and that the City intended to reconstruct most of the storm sewer in the Third and Fourth Additions. I was then asked by Mr; Erar in would be willing to voluntarily make the. changes in the storm sewer. I believe major reconstruction of the storm sewer system is unnecessary. lberefore, I would not be willing to participate in a project of that magnitude. I am, however, willing to meet with you to review the back yard ponding and look at possible solutions if there is a problem. If you would like to meet to discuss the ponding issue, feel free to call. Sincerely, 1J~~ Warren J. Israelson President cc: Ward Anderson aes 6001 Egan Drive · Suite 100 · Savage, MN 55378 (612) 226-3200 · FAX (612) 226-3201 I / /'f ~ /~? - (/ . Petition for Resolution of Draina2e Issues Prairie Creek Third Edition West Side of Embers Avenue - Lots 15 - 24 The following is a petition for a feasibility study to be conducted by the City of Farmington in an effort to resolve the drainage issues impacting lots 15 - 24 in the Third Edition of Prairie Creek. Background information and further details are attached. r Phone # Address Lot # 7"c.O~.2. n J 1~7C.~ EIH 6</'s ,#v<: IS 46D-ft;-rsq_ /8111 ft-<&~ k /(0 \ . ~ -;r;M JAf\ \Jl ~ P~f!lJlbJi y ~'? d,-6ly /~) <} S 6?'-'"iePj(:;~ ""'/i!?;-:/ v't~ 637d. /8B'J/ (~bej/s lIut (9' Q Y l..-'? - \0 7lc 7 U~~~ ? Z: "'"' ~at S f\-Ll E cl ~ 13-1 02\ Yb~-~~{O J 1>~1' (ilV1I~'(S Avl. 'fw - bSJol /<36L-fOJ ~i-vf6/ff1l S INF r.j b~' d- ;/3 I ~'6SS ~ f\". \:s (;fl... S AJ Jr cJ. t> r City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IIa.. TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Downtown Streetscape Project Feasibility Report DATE: November 16, 1998 INTRODUCTION Transmitted herewith is the feasibility report requested by Council regarding the improvements associated with reconstructing the downtown sidewalk and street lighting. DISCUSSION The proposed project area includes 3Td Street (between Elm and Spruce Stree9, Oak Street (between 2nd and 4th Street) and the sidewalk connection between 2nd and 3T Street (See Figure 1). The sidewalk within the project area is in need of maintenance or repair. The unevenness of the walking surface due to settling and/or heaving has created a safety issue and several accidents have occurred where people have tripped on the sidewalk. The attached report includes the three options for sidewalk reconstruction that the Council had requested staff to include in the report pursuant to the neighborhood meetings that were held. In summary, the three options for reconstructing the sidewalk are: 1) A base option (regular concrete), 2) concrete with pavers (50% regular concrete / 50% pavers) and 3) pavers alone (100%). An issue for Council to consider is whether or not to include the alley between 2nd and 3rd Street in the project. While the existing sidewalk in the alley is in fairly good condition, the opportunity is available to upgrade the sidewalk in the alley and provide a consistent sidewalk connection to the 2nd Street parking lot. Options 1, 2 and 3 include the costs to upgrade the alley. Options Ib, 2b and 3b exclude those costs. The report also includes cost estimates for removing and replacing the streetlights and trees and adding various amenities. Streetlight, tree and amenities options would remain the same regardless of the sidewalk option. The report provides detailed cost estimates, plan views of the improvement area and a proposed project schedule. BUDGET IMP ACT The total estimated project cost for the most costly option is $795,400 (Option 3). The City's Special Assessment Policy indicates that 35% of the project costs for reconstruction projects are to be assessed against the benefiting properties, subject to an appraisal of the properties verifying the amount of benefit. The remaining 65% of the project costs would be funded by the City. Funding for this project would come from a General Obligation Improvement Bond issued under Minnesota Statute 429. As such, 35% of the project costs would be assessed to benefiting properties over the repayment period of the bonds (either 10 or 15 years, as determined by further staff review). The remaining 65% of project costs would be financed by the City from available tax increments or HRA special revenue funds and Road and Bridge funds. Further financial analysis by staff will identify specific allocations from these sources subsequent to the neighborhood meetings. Two possible methodologies for assessing costs to the benefiting properties have been identified by staff for consideration. One methodology would utilize an equivalent unit approach and the other would split the amount to be assessed equally to each benefiting property. It is recommended that City staff review assessment methodologies with the downtown property owners at the neighborhood meeting. Staff would then report back to Council and Council would make the final determination regarding the assessment methodology at the public hearing for the project. The City's share and amounts proposed to be assessed per option are summarized as follows: Summary 1: Downtown Sidewalk and Street Lighting Improvements (Includes 2nd Street Sidewalk Connection). Option 1 Option 2 Option 3 Total Project Cost $707,200 $751,400 $795,400 65% of Total Project Cost (City Cost) $459,700 $488,500 $517,100 35% of Total Project Cost (Assessable) $247,500 $262,900 $278,300 Summary 2: Downtown Sidewalk and Street Lighting Improvements (Without 2"d Street Sidewalk Connection). Total Project Cost 65% of Total Project Cost (City Cost) 35% of Total Project Cost (Assessable) Option 1 b $655,900 $426,400 $229,500 Option 2b $696,500 $452,800 $243,700 Option 3b $736,800 $479,000 $257,800 ACTION REQUESTED Adopt the attached resolution accepting the feasibility report. Acceptance of the feasibility report authorizes the scheduling of a neighborhood meeting. It is recommended that the Council choose the option for the project at the time of the public hearing and ordering of the project in order to allow for final feedback from the affected property owners following the neighborhood meeting. Respectfully submitted, ~m~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Proposed RESOLUTION NO. R -98 ACCEPT FEASIBILITY REPORT PROJECT NOs. 98-04, 98-05 - DOWNTOWN STREET SCAPE 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 High School Auditorium of said City on the 16th day of November, 1998 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 the 1998 Capital Improvement Plan, a report has been made by the City Engineer with reference to the following improvement; Proiect No. 98-04 98-05 Description Downtown Sidewalk Improvements Downtown Decorative Lighting Location 3rd Street between Elm and Spruce Streets, Oak Street between 2nd and 4th Streets and the sidewalk connection between 2nd and 3rd Streets. WHEREAS, the City's Engineer has prepared a report advising the Council in a preliminary way as to the feasibility and cost of such improvement, a copy of which is now before the Council. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible. NOW THEREFORE, BE IT RESOLVED that: I. 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 of $795,400. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of November, 1998. Attested to the 16th day of November, 1998. Mayor (SEAL) City Administrator/Clerk FEASIBILITY STUDY FOR PROJECT NOS. 98-04 AND 98-05 DOWNTOWN SIDEWALK AND DECORATIVE LIGHTING IMPROVEMENT PROJECT Prepared by: J:iJ R 1-1 , David R. Sanocki 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. ~>>7 ~~ Lee M. Mann, P.E., City Engineer Date: November 16, 1998 Reg. No.: 24541 City of Farmington, Minnesota Engineering Division (612) 463-1600 325 Oak Street 1 Table of Contents Table of Contents . ..... ...... ........ ... ... ..... ......... ..... ........ ... .... ...... ..... .... ......... ....... ...... ... ... .... .....2 Introduction.................................................................................................................. ........3 Discussion.................................................................................................................... ........4 Cost Estimates..................................................................................................................... .6 Project Financing................................................................................................................. 8 Conclusions and Recommendations ...... ......... .......... ........................ ..... ....... ..... ...... ....... .....9 List of Figures: Figure 1 - Figure 2 - Downtown Sidewalk and Decorative Lighting Project Area (includes 2nd Street sidewalk connection) Downtown Street Lights Appendix: Cost Estimates Project Cost Tracking Sheet 2 Introduction This report has been prepared to determine the feasibility of reconstructing the downtown sidewalk and street lighting during the 1999-construction season as authorized through the 1998/1999 Capital Improvement Plan. The proposed project area includes 3rd Street (between Elm and Spruce Street), Oak Street (between 2nd and 4th Street) and the sidewalk connection between 2nd and 3rd Street (See Figure 1). Two neighborhood meetings were held regarding the downtown sidewalk and decorative lighting improvements: a City Council Workshop on June 10, 1998 and a meeting at the Chamber of Commerce on June 24, 1998. The purpose of these meetings was to receive information and feedback from the downtown business owners regarding the project as a whole and to discuss the options for the sidewalk reconstruction. At the July 6, 1998 City Council meeting Council chose the sidewalk options to include in the downtown sidewalk and decorative lighting improvement feasibility report. Council requested that three options be presented in the feasibility report: 1) A base option (regular concrete), 2) concrete with pavers (50% regular concrete / 50% pavers) and 3) pavers alone (100%). Streetlights, trees and amenities options would remain the same regardless of the sidewalk option. This report presents updated design and cost estimates for three options referenced above. 3 Discussion Existing Conditions The sidewalk within the project area, as illustrated in Figure 1, is in need of maintenance or repair. Many of the sidewalk panels have either settled or raised to produce an uneven walking surface. The unevenness of the walking surface has created a safety issue, as there are several accidents that have occurred with people tripping where the raised panels have created a "lip" . Currently, there are over one hundred and thirty concrete sidewalk panels in the project area that would require maintenance. Maintenance would involve grinding, mud jacking or complete replacement of the concrete sidewalk panel. City staff has recently filled in the uneven areas with bituminous material to minimize potential hazards and accidents. The existing streetlights are approximately one to one and a half feet from the existing back of curb. A number of street light poles have been damaged from vehicle bumpers extending over the back of curb. A number of the large streetlight poles (cobra lights) have deteriorating paint and will require maintenance. The landscaping trees are also located approximately one to one and a half feet from the existing back of curb and in line with the existing streetlights. A number of the larger trees have roots that have contributed to lifting concrete panels or brick pavers directly adjacent to them. The existing B624 concrete curb and gutter along the street is in good condition. No significant signs of surface deterioration or cracking have been observed beyond the driveway approach aprons. There is a three quarters of a foot wide strip behind the back of curb that was removed several years ago for the placement of electrical lines to provide lighting to the landscaping trees. Brick pavers were placed to fill this area once the electrical lines were complete. The sidewalk connection between 2nd and 3rd Street is in fairly good condition, no extensive sign of concrete surface deterioration or cracking has been observed. Proposed Sidewalk and Street Lighting Improvements The three options presented for the downtown sidewalk and street light improvements are as follows: Option 1 (Base Option) The first option for the proposed sidewalk and street lighting improvements would consist of replacing all existing sidewalk with plain concrete, grey in color. A four-inch thick concrete 4 section would be placed on a twelve-inch section of compacted sand. The existing globe style lights would be replaced, and possibly relocated, with a double headed acorn light (see Figure 2). The location of the business entrances would be taken into consideration during the process of determining the position of the new streetlights. The existing trees are proposed to be replaced with smaller trees and placed further back from the curb. The trees would be positioned to not interfere with the entrances to the businesses. Electrical utilities will be installed at the base of each tree to provide access for tree lighting and additional electrical needs. Site amenities such as benches, trash cans and drinking fountains are included in this option. Option 2 (Concrete and Pavers) The second option for the proposed sidewalk and street lighting improvements would consist of replacing all existing sidewalk with a combination of plain concrete and pavers. It is proposed that a combination of 50% concrete, 50% pavers be installed. There are several options regarding the color of the paver that can be determined at the design stage of the project. Twelve inches of material under the existing sidewalk would be removed and replaced with a sand and gravel (class five 100% crushed) section. Under the concrete pavers a section consisting of one inch of sand would be placed on four inches of class five (100% crushed) on another seven inches of sand. The trees, lights and amenities would remain as described for Option 1. Option 3 (Pavers) The third option for the proposed sidewalk and street lighting improvements would consist of replacing all existing sidewalk with concrete pavers. T~elve inches of material under the existing sidewalk would be removed and replaced with a sand and gravel (class five 100% crushed) section. Under the concrete pavers a section consisting of one inch of sand would be placed on four inches of class five (100% crushed) on another seven inches of sand. The trees, lights and amenities would remain as described for Option 1. Optional Diagrams/Information If one of the options with pavers is chosen, renderings can be produced that would visually clarify how the downtown streetscape would look. It is recommended that the Council consider having renderings done as part of the design phase since there are many combinations of colors and patterns that are possible with pavers. 5 Cost Estimates The estimated project costs for the improvements presented in this report are outlined in this section. Two summaries of project costs are provided in this section; the first summary includes the sidewalk connection between 2nd and 3rd Street and the second summary excludes the sidewalk connection between 2nd and 3rd Street. Itemized cost estimates are presented in the appendices in the back of this report. Cost estimates for this report are based on 1998 construction costs and can be related to the November 1998 ENR Construction Cost Index of5995. The cost estimates presented below include a ten-percent contingency and a twenty-seven percent allowance for engineering, legal and administration costs. Estimated Project Costs Summary 1: Downtown Sidewalk and Street Lighting Improvements (Includes rd Street Sidewalk Connection). Estimated Construction Costs Contingencies, Engineering, Legal, Admin Estimated Construction Total Option 1 Option 2 Option 3 $496,900 $528,500 $560,000 $197,300 $209,900 $222,400 $694,200 $738,400 $782,400 Other Estimated Costs Miscellaneous $7,000 $7,000 $7,000 Project Renderings $6,000 $6,000 $6,000 Total Estimated Project Cost $707,200 $751,400 $795,400 6 Summary 2: Downtown Sidewalk and Street Lighting Improvements (Excluding rd Street Sidewalk Connection). Option 1 b Estimated Construction Costs $460,200 $182,700 $642,900 Contingencies, Engineering, Legal, Admin Estimated Construction Total Other Estimated Costs Miscellaneous $7,000 Project Renderings Total Estimated Project Cost $6,000 $655,900 7 Option 2b $489,200 $194,300 $683,500 $7,000 $6,000 $696,500 Option 3b $518,100 $205,700 $723,800 $7,000 $6,000 $736,800 Project Financing The City's Special Assessment Policy indicates that 35% of the project costs for reconstruction projects are to be assessed against the benefiting properties, subject to an appraisal of the properties verifying the amount of benefit. The City share and amounts proposed to be assessed are summarized as follows: Summary 1: Downtown Sidewalk and Street Lighting Improvements (Includes 2nd Street Sidewalk Connection). Total Project Cost 65% of Total Project Cost (City Cost) 35% of Total Project Cost (Assessable) Option 1 $707,200 $459,700 $247,500 Summary 2: Option 2 $751,400 $488,500 $262,900 Option 3 $795,400 $517,100 $278,300 Downtown Sidewalk and Street Lighting Improvements (Without 2nd Street Sidewalk Connection). Total Project Cost 65% of Total Project Cost (City Cost) 35% of Total Project Cost (Assessable) Option Ib $655,900 $426,400 $229,500 Option 2b $696,500 $452,800 $243,700 Option 3b $736,800 $479,000 $257,800 It is recommended that City staff review assessment methodologies for discussion at the neighborhood meeting. Staff would then report back to Council and Council would make the final determination regarding the assessment methodology at the public hearing for the project. 8 Conclusions And Recommendations The proposed improvements described in this report are feasible as they relate to general engineering principals and construction procedures. The feasibility of the project as a whole is subject to the financial review. The project is cost effective as proposed and necessary due to the safety issues these improvements will address. Based on the information contained in the report, it is recommended that: 1. The City of Farmington adopt this report as a guide for the construction of the Downtown Sidewalk and Decorative Lighting Improvements: 2. The City conduct a legal and financial review of the proposed project; 3. The following schedule be implemented for the project: This is a tentative schedule for planning purposes: Accept Feasibility Report November 16, 1998 Hold Neighborhood Meeting By January 11, 1999 January 18, 1999 February 15, 1999 Authorize Public Hearing! Set Date Hold Public Hearing/ Order Project Authorize Preparation of Plans and Specifications Approve Plans and Specifications / Advertise for Bids April 5, 1999 May 3, 1999 June 7, 1999 Accept Bids/ Award Contract Begin Construction Complete Construction October 1, 1999 9 Figures 10 DOWNTOWN SIDEWALK AND DECORATIVE LIGHTING PROJECT AREA (INCLUDES 2ND ST. WALKWAY CONNECTION) t ~y ~k lbb C.S,A.H, 50 (ELM STREET) / [1D N I- LJ f- LJ w O~ = 0:::" w 1-1 ~ V)I f- q I (I') f- = 2:/ ~ (I') ctJ I ~ (Y) I 1 f- "'<::t OAK STREET D CJ 0 1~ SPRUCE STREET II~ ~~ J~ rr ~ L FIGURE I LAMP-100W/55V. 155W/55V CLEAR MOGUL BASED LAMPS FIXTURE-70W/120V, 100W/120V, 150W/120V HPS HIGH PERFORMANCE ACORN STYLE LUMINAIRE TYPE III LIGHT DISTRIBUTION 30" CAST ALUMINUM (0 I oo;;t .... THE COLOR SHALL BE PANTONE 560C (DARK GREEN) 18 MULTI-VOLT (105-285) NSP MATERIAL SPECS. +DOE -48. FISHER PRICE MODEL +6690B-ES638509 OAE PHOTO LAMP COLUMBUS 3" x 5" MIN. HANDHOLE BASE MOUNTED EXTRUDED ALUMINUM POLE 3" OD 10 AMP FUSE ELECTRICAL CONDUIT SCREW IN ANCHOR BASE 60" LONG SHAFT BY 5-5/8" DIAMETER SLOTS FOR 10-15" BOLT CIRCLE DIAMETERS ,'.' :..' 4.. '. .' ',:... .~. ..' SEE FOOTING DETAIL STANDARD PLATE GEN-05 . . ...-! . .. .. O. . ..: ..t: .. NOTE: A TAPERED SCREW IN BASE MAY BE USED AS AN ALT. TO THE CONCRETE BASE IF APPROVED BY CITY ENGINEER NOT TO STANDARD DETAILS STREET LIGHT DOWN1-0IA1N. 'Y~'T~!('T VV u!~ Ki0 . ........ .. .. ....... ...n ...... on ......... '""" ....................h.............__......_....._........__.... 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Downtown Streetscape Project Description of Project - Remove and Replace existing sidewalk, trees and streeUights in the Downtown area. Project No.- 96-04, 96-05 Items Oale Name of Company Cost 1. Construction Costs $ 560.000.00 Option 3, wnh 2nd Street Connection Total Construction Costs $ 560,000.00 2. Contingencies (10 %) $ 56,000.00 (Contingences and Total Construction Costs) Subtotal = $ 616,000.00 3. Engineering, Legal, Administration (27%) $ 166,320.00 (Total of Items 1-3) Subtotal = $ 782,320.00 4. Soil Borings $ 3,000.00 Subtotal = $ 3,000.00 5. Survey WorK Estimate $ Subtotal = $ 6. Wetland Delineation & Mitigation Estimate Subtotal = $ 7. Permits (list) Subtotal = $ 8. Change Orders $ Subtotal = $ 9. Environmental Studies, testing and monitoring $ Subtotal = $ 10. Testing Services Estimate $ 1.000.00 Subtotal = $ 1,000.00 11. EasemenVRight of Way Acquisition Subtotal = $ 12. Demolition/moving Subtotal = $ 13. Outside Consultants Appraisal-Estimate $ 2,000.00 Project Renderings $ 6,000.00 Subtotal = $ 8,000.00 14. SWCD - plats mainly - development cost NA Subtotal = $ 15. Street & Utility crew costs 20 Hours @ $50 per hour $ 1.000.00 $ $ Subtotal = $ 1.000.00 ITotal Estimated Project Cost = $ 795,320.00 I 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: November 16, 1998 It is requested that the November 16, 1998 agenda be amended as follows: NEW BUSINESS 12 (a) Bond Sale - G.O. Improvement Bonds of 1998 The City Council authorized the sale of General Obligation Improvement Bonds of 1998 to fund the City's portion of the County State Aid Highway 31 project. The City Council should approve the resolution awarding the sale to Piper Jaffray. Respectfully submitted, f!~L City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us I ~CL, TO: Mayor, Councilmembers, City Administrato~ FROM: Robin Roland, Finance Director SUBJECT: Bond Sale - General Obligation Improvement Bonds of 1998 DATE: November 16, 1998 INTRODUCTION The City Council at their meeting October 19, 1998 authorized the sale of General Obligation Improvement Bonds of 1998 to fund the City' s portion of the County State Aid Highway 31 project. DISCUSSION Competitive bids for the bonds were received today in the offices of Juran & Moody. Preliminary analysis anticipated a net interest rate of 4.95 % with an anticipated total interest cost of $ 1,026,970. The City received 4 bids. Piper Jaffray was the low bidder at a net interest rate of 4.39%, making the total interest cost $915,465. BUDGET IMPACT Cash flow analysis will be presented at the meeting. ACTION REQUIRED On the basis of the competitive bids received, the City Council should approve the resolution awarding the sale of the $2,325,000 General Obligation Improvement Bonds of 1998 to piper Jaffray at a net interest rate of 4.39%. ~#j Robin Roland Finance Director CERTIFICATION OF MINUTES RELATING TO $2,325,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998 Issuer: City of Farmington, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held November 16, 1998, at 7:00 o'clock P.M., at the City Hall, Farmington, Minnesota. Members present: Ristow, Cordes, Fitch, Garner, Strachan Members absent: None Documents Attached: Minutes of said meeting (including): RESOLUTION NO. R120-98 RESOLUTION RELATING TO $2,325,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, PRESCRIBING THE FORM AND DETAILS, AND PROVIDING FOR PAYMENT AND SECURITY THEREOF 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 suc~ meeting given as required by law. WITNESS my hand officially as such recording officer on November 16, 1998. City Administrator-Clerk It was reported that ~ sealed proposals for the purchase of $2,325,000 General Obligation Improvement Bonds of 1998 were received prior to 11 :00 o'clock a.m., pursuant to the Preliminary Official Statement distributed to potential purchasers of the Bonds by Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, financial consultants to the Issuer. The proposals have been publicly opened, read and tabulated and were found to be as follows: See Attached Councilmember Gamer introduced the following resolution and moved its adoption, which motion was seconded by Councilmember Strachan RESOLUTION RELATING TO $2,325,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998; AUTHORIZING THE ISSUANCE, A WARDING THE SALE, PRESCRIBING THE FORM AND DETAILS, AND PROVIDING FOR PAYMENT AND SECURITY THEREOF BE IT RESOLVED by the City Council ofthe City of Farmington, Minnesota (the Issuer), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.1. Authorization. By resolution duly adopted on October 19, 1998, this Council authorized the sale of$2,325,000 General Obligation Improvement Bonds of 1998 (the Bonds), of the Issuer to finance a portion of the costs related to the CSAH 31 Reconstruction Project in the Issuer (the Project), pursuant to Minnesota Statutes, Chapters 429 and 475. 1.2. Sale. The Issuer has retained Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated (Juran & Moody) as independent financial advisers in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), the requirements as to public sale do not apply to the issuance of the Bonds. A proposal has been received from Piper Jaffray, Inc. in Minneapolis , Minnesota and associates (the Purchaser), to purchase the Bonds, when, as and if issued on the further terms and conditions hereinafter set forth, at a price of $ 2, 325 , 000 , plus accrued interest on all Bonds to the day of delivery and payment. 1.3. Award. The offer of the Purchaser to purchase the Bonds is hereby accepted, and the Mayor and City Administrator-Clerk are hereby authorized and directed on behalf of the Issuer to execute a contract for the sale of the Bonds with the Purchaser. 1.4. Supplemental Resolution for Term Bonds. Should the Purchaser determine that any Bonds be issued in the form of term bonds, this Council shall, by a separate and supplemental resolution, set forth further terms and provisions as necessary to provide for the issuance of the term bonds. Should the Purchaser determine that the Bonds be issued only in the form of serial bonds, no further resolution of the Council shall be required. SECTION 2. BOND TERMS: REGISTRATION: EXECUTION AND DELIVERY. 2.1. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.2. Maturities: Interest Rates: Denominations and Payment. The Bonds shall be dated originally as of December 1, 1998 shall be in the denomination of $5,000 each or any integral multiple thereof, of single maturities, shall mature on December 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2000 $150,000 2008 $155,000 2001 145,000 2009 155,000 2002 145,000 2010 160,000 2003 145,000 2011 165,000 2004 145,000 2012 165,000 2005 150,000 2013 170,000 2006 150,000 2014 175,000 2007 150,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.8 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository . 2.3. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.7 and upon any subsequent transfer or exchange pursuant to Section 2.6, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on each June 1 and December 1, commencing June 1, 1999, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. 2.4. Redemption. Bonds maturing in 2005 and later years shall be subject to redemption at the option of the Issuer, in whole or in part, in inverse order of maturity dates and, ifless than all of the Bonds of a single maturity date are to be redeemed, by lot or other method as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures), in integral multiples of$5,000, on December 1, 2004, and on any Interest Payment Date thereafter, at a price equal to 100% of the principal amount thereof and accrued interest to the date of redemption. At least 30 days before the date specified for redemption of any Bond the -2- City Administrator-Clerk shall cause notice of redemption to be published if and as required by law, and mailed by first class mail, postage prepaid, to the Registrar and to the Holders, as hereinafter defined, of all Bonds to be redeemed at their addresses as they appear on the Bond Register; provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall state the redemption date, the redemption price, the place where the Bonds are to be surrendered for payment of the redemption price, which shall be an office of the Registrar, and that on the redemption date the redemption price will be due and payable and that interest thereon shall cease to accrue from and after such date. 2.5. Appointment of Registrar. The Issuer hereby appoints U.S. Bank Trust National Association, in St. Paul, Minnesota, Minnesota, as the initial bond registrar, transfer agent and paying agent (the Registrar). The Mayor and City Administrator-Clerk are authorized to execute and deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the Registrar for the services performed. The Issuer reserves the right to remove the Registrar, effective upon not less than thirty (30) days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.6. Registration. The effect of registration and the rights and duties of the Issuer and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register (the "Bond Register") in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term "Holder" or "Bondholder" as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a wri.tten instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. -3- (c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender ofthe Bond to be exchanged at the office of the Registrar. Whenever any Bonds are so surrendered for exchange the Issuer shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of. The Registrar shall furnish the Issuer at least once each year a certificate setting forth the principal amounts and numbers of Bonds canceled and destroyed. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and (subject to Section 2.3) interest on the Bond and for all other purposes; and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. No service charge shall be made for any transfer or exchange of Bonds, but the Registrar may require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to any transfer or exchange. (h) Mutilated. Lost. Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to -4- the Registrar shall be canceled by it and evi.dence of such cancellation shall be given to the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. U) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the Issuer, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.7. Execution. Authentication and Delivery. The Bonds shall be prepared under the direction of the Administrator and shall be executed on behalf of the Issuer by the signatures of the Mayor and the Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevert~eless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.8, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.8. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. -5- "Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the Issuer agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee ofDTC. The Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the Issuer shall be affected by any notice to the contrary. Neither the Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by nTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and interest on the Bonds to the extent ofthe sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the Issuer may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. -6- (d) The execution and delivery of the Representation Letter to DTC by the Mayor or City Administrator-Clerk, if not previously filed with DTC, is hereby authorized and directed. ( e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. SECTION 3. FORM OF BONDS. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF FARMINGTON GENERAL OBLIGATION IMPROVEMENT BOND OF 1998 Interest Rate Maturity Date Date of Original Issue CUSIP No. December 1, 1998 REGISTERED OWNER: CEDE & CO. PRINCIP AL AMOUNT: The City of Farmington, County of Dakota, State of Minnesota (the Issuer) acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual rate specified above, payable on June 1 and December 1 in each year, commencing June 1, 1999 (each such date, an "Interest Payment Date"), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of -7- twelve 30-day months. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft by U.S. Bank Trust National Association, in St. Paul, Minnesota, as Bond Registrar and Paying Agent (the Registrar), or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of $2,325,000 issued pursuant to a resolution adopted by the City Council on November 16, 1998 (the Resolution), to finance the costs of local improvements, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds having stated maturity dates in the year 2005 and thereafter are each subject to redemption at the option of the Issuer, in whole or in part, in inverse order of maturity dates and, if less than all Bonds of a single maturity date are to be redeemed, by lot or other method as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures), in multiples of$5,000, on December 1,2004, and on any Interest Payment Date thereafter, at a price equal to 100% of the principal amount thereof plus interest accrued to the date of redemption. At least 30 days before to the date specified for the redemption of any Bond the Issuer will cause notice of redemption to be published if and to the extent required by law, and to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner's address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Upon surrender to the Registrar of any Bond which has been redeemed in part, a new Bond or Bonds will be delivered to the owner without charge, representing the unredeemed portion of the principal of the Bond so surrendered. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the Bond Register maintained by the Registrar at its principal office, upon surrender of this Bond for transfer at such office, duly endorsed by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the Issuer will cause a new Bond or Bonds to be issued in the name of the designated transferee or transferees, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date. The Registrar may require payment of a sum sufficient to pay any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. -8- The Bonds have been designated by the Issuer as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. The Issuer and the Registrar may deem and. treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other purposes, and neither the Issuer nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any .. other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the Issuer. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the Issuer in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to levy special assessments upon property specially benefitted by the local improvements financed by the Bonds, and ad valorem taxes on all taxable property in the Issuer, which will be collectible for the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due, and has appropriated such special assessments and taxes to its General Obligation Improvement Bonds of 1998 Bond Fund for the payment of such principal and interest; that if necessary for payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the Issuer, without limitation as to rate or amount; that the issuance of this Bond, together with all other indebtedness of the Issuer outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness; and that the opinion printed hereon is a full, true and correct copy of the legal opinion given by Bond Counsel with reference to the Bonds, dated as of the date of original issuance and delivery of the Bonds. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the Issuer has caused this Bond to be executed on its behalf by the signatures of its Mayor and City Administrator-Clerk and has caused this Bond to be dated as of the date set forth below. -9- CITY OF FARMINGTON, MINNESOTA (Facsimile signature- City Administrator-Clerk) (F acsimile signature- Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds referred to in the Resolution mentioned within. Date: U.S. BANK TRUST NATIONAL ASSOCIATION, as Bond Registrar By Authorized Representative [Insert legal opinion] The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN ENT - as tenants by the entireties UTMA ................... as Custodian for ................. (Cust ) (Minor) under Uniform Transfers to Minors Act ...... (State) TEN COM - as tenants in common JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. -10- PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: [end of form of Bond] SECTION 4. GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998 CONSTRUCTION FUND. There is hereby established on the official books and records of the Issuer a General Obligation Improvement Bonds of 1998 Construction Fund (the Construction Fund), and the Finance Director shall continue to maintain the Construction Fund until payment of all costs and expenses incurred in connection with the construction of the Project have been paid. To the Construction Fund there shall be credited from the proceeds of the Bonds, exclusive of unused discount and accrued and capitalized interest, an amount equal to the estimated cost of the Project and from the Construction Fund there shall be paid all construction costs and expenses. There shall also be credited to the Construction Fund all special assessments collected with respect to the Project, until all costs of the Project have been fully paid. After payment of all construction costs, the Construction Fund shall be discontinued and any Bond proceeds remaining therein may be transferred to the other funds or accounts established for construction of other improvements instituted pursuant to Minnesota Statutes, Chapter 429. All special assessments on hand in the Construction Fund when terminated or thereafter received, and any Bond proceeds not so transferred, shall be credited to the General Obligation Improvement Bonds of 1998 Bond Fund ofthe Issuer. SECTION 5. GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998 BOND FUND. So long as any of the Bonds are outstanding and ariy principal of or interest thereon unpaid, the Finance Director shall maintain a separate debt service fund on the official books and records of the Issuer to be known as the General Obligation Improvement Bonds of 1998 Bond Fund (the Bond Fund), and the principal of and interest on the Bonds shall be payable from the Bond Fund. The Issuer irrevocably appropriates to the Bond Fund (a) any amount in excess of $2,292,450 received from the Purchaser; (b) capitalized interest in the amount of $ ; (c) all taxes and special assessments levied and collected in accordance with this resolution; and (d) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in (a) above. Thereafter, during each Bond Year (i.e., each twelve month period commencing on December 2 and ending on the following December 1), as monies are received into the Bond Fund, the Finance Director shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the Finance Director shall transfer to the Debt Service Account amounts. on hand in the Surplus Account to the extent -11- necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the Issuer which is available for that purpose, subject to reimbursement from the Surplus Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 6. SPECIAL ASSESSMENTS. The Issuer hereby covenants and agrees that, for the payment of the cost of the Project, the Issuer has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20% of the cost of each of the improvements financed by the Bonds. The Issuer estimates it will levy special assessments in the aggregate principal amount of $ . It is estimated that the principal and interest on such special assessments will be levied and collected in the years and amounts shown on Appendix I attached hereto. In the event any such assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the Issuer or by the City Council or by any of the officers or employees of the Issuer, either in the making of such assessment or in the performance of any condition precedent thereto, the Issuer hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such assessment a valid and binding lien upon said property. SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of special assessments and other amounts as set forth in Section 5, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the Issuer. The taxes will be levied and collected in the following years and amounts: Levy Years Collection Years Amount 1998-2013 1999-2014 See attached Levy Computation The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the Issuer reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. -12- SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The Issuer may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full, or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The Issuer may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or an earlier designated redemption date. Provided, however, that if such deposit is made more than ninety days before the maturity date or earlier designated redemption date of the Bonds to be discharged, the Issuer shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking or financial advisory firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 9. TAX COVENANTS: ARBITRAGE MATTERS: AND CONTINUING DISCLOSURE. 9.1. General Tax Covenant. The Issuer agrees with the Holders from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Project (or other improvements authorized pursuant to Minnesota Statutes, Chapter 429). All improvements so financed will be owned and maintained by the Issuer and available for use by members of the general public on a substantially equal basis. The Issuer shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non- governmental person relating to the use of the Project or security for the payment of the Bonds -13- which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 9.2. Certification. The Mayor and City Administrator-Clerk, being the officers ofthe Issuer charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations. 9.3. Arbitrage Rebate Exemption. It is hereby found that the Issuer has general taxing powers, that no Bond is a "private activity bond" within the meaning of Section 141 of the Code, that 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the Issuer, and that the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the Issuer and all subordinate entities thereof during the year 1998 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to Section 148(f)(4)(D) of the Code, the Issuer shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 9.4. Qualified Tax-Exempt Obligations. The Issuer hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of Section 265(b )(3) of the Code) which will be issued by the Issuer and all subordinate entities during calendar year 1998 does not exceed $10,000,000. 9.5. Reimbursement. The Issuer certifies that the proceeds of the Bonds will not be used by the Issuer to reimburse itself for any expenditure with respect to the Project which the Issuer paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the Issuer shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that a declaration of official intent shall not be required (i) with respect to certain de minimis expenditures, if any, with respect to the Project meeting the requirements of Section 1.150-2(f)( 1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the Project as defined in Section 1.150- 2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. 9.6. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the Securities and Exchange Commission (the -14- SEC) under the Securities Exchange Act of 1934 (17 C.F.R. S 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the Issuer hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The Issuer is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the Issuer fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of.any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The Issuer will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the Issuer, the following information at the following times: (1) on or before 360 days after the end of each fiscal year of the Issuer, commencing with the fiscal year ending December 31, 1998, the following financial information and operating data in respect of the Issuer (the Disclosure Information): (A) the audited financial statements of the Issuer for such fiscal year, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the Issuer, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the Issuer, noting the discrepancies therefrom and the effect thereof, and certified as -15- to accuracy and completeness in all material respects by the fiscal officer of the Issuer; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Preliminary Official Statement (i) under the headings "Tax Base," "Area," "Population," "Municipal Facilities," "City Government," "Employee Pension Program," "Residential Development," "Industrial Park(s)," "Commercial/Industrial Development," "Building Permits," "Financial Institutions," "Education," "Major Employers" and "Ten Largest Taxpayers" in the Section entitled "The City of Farmington-General Information" and (ii) under all the headings in the Section entitled "The City of Farmington- Economic and Financial Information," which information may be unaudited. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the Issuer shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the Is~uer shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Issuer shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the Issuer have materially changed or been discontinued, such Disclosure Information need no longer be provided if the Issuer includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other Issuer operations in respect of which data is not included in the Disclosure Information and the Issuer determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)( 1) or subsection (d), then the Issuer shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the :tYpe of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; -16- (B) Non-payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. . As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Preliminary Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the Issuer to provide the Disclosure Information required under paragraph (b)(l) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the Issuer under subsection (d)(2); (C) the termination of the obligations of the Issuer under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the Issuer. (c) Manner of Disclosure. The Issuer agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the State Depository), if any; -17- , . (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds at the request of the Issuer and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (b), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term: Amendments: Interpretation. (1) The covenants of the Issuer in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations ofthe Issuer under this section shall terminate and be without further effect as of any date on which the Issuer delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the Issuer to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the Issuer from time to time, without notice to (except as provided in paragraph (c )(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the Issuer accompanied by an opinion of Bond Counsel, who may rely on certificates of the Issuer and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the Issuer or the type of operations conducted by the Issuer, or (b) is required by, or better complies with, the provisions of paragraph (b)( 5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the Issuer agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. -18- (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 10. CERTIFICA nON OF PROCEEDINGS. 10.1. Registration of Bonds. The City Administrator-Clerk is hereby authorized and directed to file a certified copy of this resolution with the Dakota County Treasurer-Auditor and obtain a certificate that the Bonds have been duly entered upon the County Treasurer-Auditor's bond register and the tax required by law has been levied. 10.2. Authentication of Transcript. The officers of the Issuer and the County Treasurer- Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the Issuer as to the correctness of all statements contained therein. 10.3. Preliminary Official Statement. The Preliminary Official Statement relating to the Bonds, dated October 28, 1998, prepared and distributed by Juran & Moody is hereby approved. Juran & Moody is hereby authorized on behalf of the Issuer to prepare and deliver to the Purchaser within seven business days from the date hereof, a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934. The officers of the Issuer are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Upon vote being taken thereon, the following voted in favor of the foregoing resolution: Ristow, Cordes, Fitch, Gamer, Strachan and the following voted against the same: None whereupon the Resolution was declared duly passed and adopted. -19- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /~6 FROM: Mayor, Councilmembers, City Administratorj~ Robin Roland, Finance Director TO: SUBJECT: Adopt Resolution - 1998 Budget Reappropriations DATE: November 16, 1998 INTRODUCTION A review of the 1998 budget suggests a need to revise the adopted revenue and expenditure levels to more closely reflect department service levels. The attached financial analysis will be reviewed with Council and recommended reappropriations will be presented. DISCUSSION The adopted 1998 budget was prepared and submitted to Council in August of 1997. Calculations in that budget were based on information from the first six months of 1997, over a year and a half ago. A budget is a financial plan which the City must live within. However, many things may change in an 18 month period and what might have been a reasonable revenue or expenditure assumption in June of 1997 may not hold true in October of 1998. Therefore, an annual reappropriation is done in the fourth quarter of the year to best reflect the City's operations for the year and head off any revenue shortfall. Management staff evaluates the accuracy of their budget projections versus nine or ten months of actual operations, and are able to reduce or reallocate their resources. Likewise, revenues are reviewed and any excess or shortfall is anticipated and provided for in the annual reappropriation. The revenue projected in the 1998 adopted budget was $3,542,640. Revised projections show General Fund revenues of $3,854,316 - an increase of $311,676. This increase is due primarily to three factors: 1) An increase in the amount of MSA maintenance funds allocated to the General Fund which was not identified in the adopted budget, 2) Reimbursement of flood expenses from the 1993 FEMA grant, and 3) Increased grants, police and fire aid revenues. Relative to fire aid revenues, the City acts as a conduit for these funds to properly account for and then pass these funds through to the Fire Relief Association. The 1998 adopted budget called for $3,511,652 of General Fund expenditures. The revised projection calls for $3,597,187 - an increase, before transfers out, of $85,535. This increase is primarily due to changes in accounting practices and represents a 2.4% change in revised expenditure forecasts from the adopted budget. These accounting changes include the recognition of 100% of the Community Development Director's salary and benefits funded as an expense through the General Fund and the offsetting transfer from the HRA Special Revenue Fund for their portion of that expense. This accounting change increased both revenue and expenditure sides of the revised projection. Similarly, the State Fire Relief Aid which had previously been acknowledged through a separate fund as a revenue and expenditure, is shown flowing through the 1998 revised General Fund projections. Again, this is shown for accounting purposes as an increase to both the revenue and expenditure sides in equal proportion, but does not reflect an actual increase in City expenditures or revenues. Other items which impacted the increase in expenditures were minor personnel related expenditures attributable to existing staff positions, and the additional costs of tree clean-up and replacement from this summer's storms. The revised 1998 budget re-appropriation also includes for a $14,000 transfer out of the General Fund and a $5,000 transfer out of the Liquor Operations Fund to supplement funding for the Ice Arena. A transfer to offset operational losses at the Arena was discussed at the June 1,1998 Council meeting. The 1998 adopted budget called for an increase in the fund balance of $30,988. The revised revenues, expenditures and transfers out, would designate approximately $243,129 for the fund balance. This would bring the Fund Balance in the General Fund at December 31, 1998 to $707,610 or 18% of proposed 1999 expenditures. This is a significant step towards achieving the Fund Balance level desired by the City Council and recommended by the City's auditors. ACTION REQUIRED The recommended revisions to the 1998 Budget are attached for your review and will be discussed at the meeting. The resolution adopting the 1998 Revised Budget is attached. Respectfully submitted, ~&d Finance Director PROPOSED RESOLUTION R - 98 AMENDING THE BUDGET FOR FISCAL YEAR 1998 Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Civic Center of said City on the 16TH day of November, 1998 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, City departments have reviewed current expenditure levels within their respective departments and determined that current budget authorizations may be adjusted to more accurately reflect existing service level expenditures; and WHEREAS, the City management team, under the direction of the City Administrator, has reallocated budgetary expenditures to more closely reflect actual expenditure levels during fiscal year 1998; and WHEREAS, the 1998 adopted budget shows revenue of $3,542,640, but revised projections show revenues for fiscal 1998 of $3,854,316; and WHEREAS, it is appropriate to reallocate revenues and expenditures within the 1998 city budget to maintain the balance between projected revenues and anticipated expenditures; and WHEREAS, the 1998 revised budget, a summary copy of which is attached to and made part of this budget resolution, describes the re-appropriations at each department level. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington, revises the 1998 Budget and authorizes General Fund expenditures and transfers of $3,611,187, with projected General Fund revenues of $3,854,316 and an increase to the General fund balance reserve of $243,129. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16TH day of November, 1998. Mayor Clerk/Administrator Attested to the day of ,1998. CITY OF FARMINGTON GENERAL FUND PROJECTED 1998 REVENUES 16-Nov-98 COUNCIL ADOPTED PROPOSED REVISED DESCRIPTION BUDGET CHANGES BUDGET Taxes $ 1,508,130 $ $ 1,508,130 Licenses 18,000 150 18,150 Permits 625,550 25,515 651,065 Intergovernmental Revenue 867,732 229,343 1,097,075 Charges for Services 209,300 25,596 234,896 Fines & Forfeitures 40,000 40,000 Other Revenues 273,928 31,072 305,000 Total $ 3,542,640 $ 311,676 $ 3,854,316 CITY OF FARMINGTON GENERAL FUND PROJECTED 1998 EXPENDITURES 16-Nov-98 ADOPTED PROPOSED REVISED DESCRIPTION BUDGET CHANGES BUDGET Administration $ 552,499 $ (82,823) $ 469,676 Finance 255,300 19,630 274,930 Community Development 288,028 39,574 327,602 Police 907,856 17,057 924,913 Fire Services 194,297 56,234 250,531 Public Works 670,020 19,960 689,980 Parks & Recreation 643,652 15,903 659,555 TOTAL EXPENDITURES 3,511,652 85,535 3,597.187 Transfer to Arena Operations 14,000 14,000 TOTAL EXPENDITURES AND TRANSFERS OUT $ 3,511,652 $ 99,535 $ 3,611,187 PROJECTED REVENUES $ 3,542,640 $ 311,676 $ 3,854,316 TO FUND BALANCE $ 30,988 $ 212,141 $ 243,129 z~ o~ ~'"' ClO zffi o w en u..> o~ >-CXl ~Ol (3~ .... 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X UJ - .... 0> "0 c:: => - .... 0> > o l/) 0> ~ c:: 0> > 0> c:::: --- 0....0 000 LO.....O ..-: ri to- N<ON -.--~'-"" --- 0....0 000 LO ..... 0 "-:rict:i N<ON '-'~'-"" --- ....0<0 O)NO NLOtO ct:ict:iri O')('t')('t') N-- - s r:::- L() L() to .... ci to ~ ~ C 'f:) C co C u:: ... CI) ..c - o - - ~ c:: 0 ~ ~ ~.~ ~~O> l/)l/)(/) c:: ~ ... c:: .Q ro '0 ~ c:: .0 c.. ~ 0> 0> ...00 ....Ii) 0> 0> ~ l/) o=> - Iii l/) - 0> o 0 I- ~ o (/) 0> c:: '0 c:: ro c:: u:: - .... o N ri .... ~ - .... o N ri .... ('t') - r:::- .... <0 ci ..... ('t') - - ..... o q 0) ::!. LO .... to Il'i .... LO N LO ('t') 0') .....- to <0 N LO .... to Il'i .... LO N .... ('t') <0. N L() ..... N 'It N 'It_ 0') ..... .... LO .... to Il'i .... LO N N ..... 0') .... Il'i LO <0_ .... 'It N 'It m ..... .... N C) .5 C C 's, CI) a:l Ii C) .5 C ... co W 'C CI) C 'Ii - CI) r:r:: ... co CI) > - o 'C C W Ii Cl C 'c ... co W 'C CI) C ~ r:r:: City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /cJG TO: Mayor and Councilmembers City Administrator 1ft-- FROM: David L. Olson Community Development Director SUBJECT: Request for Extension - Comprehensive Plan Update Submittal DATE: November 16, 1998 INTRODUCTION The City needs to adopt a resolution to request approval of an extension of the Metropolitan Council's deadline of December 31, 1998 for completion of the City's Comprehensive Plan Update. DISCUSSION The attached letter from the Metropolitan Council describes the process for requesting extensions to the deadline of December 31, 1998 for submittal of the City's Comprehensive Plan update, While considerable progress is being made towards the completion of the Plan, it will not be possible to complete the Plan and allow for the 60 day review and comment period to be completed by December 31, 1998. It is anticipated that the Plan will be completed in February or March of 1999 and can then be sent out for the 60 day review and comment period, This could take the process out to the end of May, In order to provide an extra 30 days for unexpected delays, it is suggested that the requested deadline extension be June 30, 1999. BUDGET IMPACT The out-of-pocket costs for the Comprehensive Plan Update are being funded by grants from the Metropolitan Council, Dakota Electric, and the Minnesota Housing Finance Agency. These grants have already been approved and tlieextension does not impact these funds, ACTION REQUESTED Adopt the attached resolution requesting a six month extension for the submittal of the Comprehensive Plan Update for the City of Farmington. Respectfully submitted, a~:~L David L. Olson Community Development Director cc: Steven Schwanke, RLK Kuusisto Ltd. RESOLUTION NO. R -98 REQUESTING SIX-MONTH EXTENSION OF THE DECEMBER 31, 1998 DUE DATE FOR REVIEW OF THE CITY OF FARMINGTON COMPREHENSIVE PLAN FOR CONSISTENCYWITH AMENDED METROPOLITAN COUNCIL POLICY PLANS 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 16th day of November 1998 at 7:00 p.m, Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, state statutes (Minn, Stat. 473.175-473.871 (1996)) requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and, WHEREAS, the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the City; and, WHEREAS, the City of Farmington is required to review its comprehensive plan for consistency with the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council by December 31, 1998; and WHEREAS, the City of Farmington has scheduled and budgeted to complete a major review and update of its comprehensive plan by June 30, 1999, NOW, THEREFORE, BE IT RESOLVED that the City of Farmington requests that the Metropolitan Council grant the City of Farmington a six-month extension to the deadline to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected school districts for review and comment; and, following approval by the planning commission and after consideration by the City Council, submit the plan to the Metropolitan Council for review, This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of November 1998, Mayor Attested to the 16th day of November 1998, SEAL City Administrator ~ Metropolitan Council ~ Working for the Region, Planning for the Future October 14, 1998 Lee Smick Planning Coordinator City Hall 325 Oak Street Farmington, MN 55024 RE: Request for Extension of Time to Complete Review and Amendment of Local Comprehensive Plans Dear Mr. Smick; In response to your inquiries regarding a deadline extension for completing your comprehensive plans, I am enclosing a packet of information outlining the process that you will need to follow. State statutes provide the Metropolitan Council with the authority to grant extensions to local governments in order to complete or amend comprehensive plans, fiscal devices and official controls. As our information packet describes, we must receive from you a resolution from your governing board (model attached), a completed questionnaire (enclosed), and a timetable for completion of your plan. The information we require from you is critical to our effort to plan regional systems in your area. In addition, your data, along with other cities' plans already submitted, will provide a clearer regional context within which to complete individual comprehensive plan reviews. If you have any questions regarding the form or the process for granting plan extensions, contact Carl Schenk your sector representative at 602-1410. Sincerely, 00 Craig R. Rapp Director, Community Development Enclosures cc. Terrence Flower, Metropolitan Council Representative District 16 Carl Schenk, Sector Rep Richard Thompson, Office of Local Assistance IIMETC_FS2IDA T AIUSERSISHAREDlLlBRARYlCOMMUNDVlPETERSONI1998Ireq98ext.doc 230 East Fifth Street St. Paul, Minnesota 5510 1-1634 (612) 291-6359 Fax 291-6550 TOO/TIT 291-0904 An Equal Opportunity Employer Metro Info Line 229-3780 Suggestions Regarding the Six Month Adjacent Government Review . The Land Planning Act (Minn. Stat. Sec. 473.175) requires that six months prior to submitting the comprehensive plan to the Metropolitan Council for review, the plan must be submitted to adjacent governments for review and comment. > Adjacent governments include cities, townships, counties and school districts. > The "plan" means the most current draft available at the time of the adjacent community review. . The Metropolitan Council advises that at the time of adjacent government review, the community submit the draft plan to the Council for informal review and comment. . More recent law governing the local government review process limits the review periods to 60 days. It is the Council's position that this adjacent government revie~ period is 60 days, not six full months. . Weare suggesting to cities that they proactively pursue this adjacent government review and clearly spell out their expectations of their neighboring communities in a cover letter as they circulate the plan. . We would suggest that cover letters requesting adjacent government review include at least the following: > The names of all the other governments to whom the draft has been sent for this adjacent government review, and the dates of these requests. > A reminder that the government which you've asked to review the plan has only 60 days in which to provide review comments. > A statement that if you do not receive comment within 60 days you will assume no comments are forthcoming and you will proceed with your completion schedule. > A proposed schedule of the important local public review steps remaining- public meetings, hearings and consideration by city council for submittal to the Metropolitan Council. > A request that the reviewing adjacent government expedite a written response indicating they have received the draft plan for review and have no comments or issues with the plan if they in fact have no concerns with the document. . Keep copies of all your correspondence with adjacent governments regarding this six month review. . If in doubt, clarify specific matters with your own legal counsel. H:\LIBRARy\cOMMUNDV\QuyP042398.ixmoathreview.doc