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HomeMy WebLinkAbout10.19.98 Council Packet COUNCIL MEETING REGULAR October 19, 1998 6:30 P.M. CHAMBER/COUNCIL BUSINESS MEETING 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) Proclamation - Water Resources Week 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes 9/21/98 (Revised) & 10/5/98 (Regular) b) Adopt Resolution - Revision to Grading Fee Surety c) Adopt Resolution - Setting Bond Sale CSAH 31 d) Adopt Resolution - Gambling Premises Permit e) Appointment Recommendation - Community Development Department f) Schools and Conference Request - Fire Department g) Schools and Conference Request - Park and Recreation Department h) Acknowledge Receipt of 1993 FEMA Reimbursement Funds i) Approve Bills 8. PUBLIC HEARINGS a) 1998 Sealcoat Project Assessment Hearing b) Adopt Resolution - Vacation of Park Access Easement 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - St. Michael's Church Preliminary and Final Plat (Supplemental) b) Glenview Townhomes and Commercial Final Plat - Extension of Plat Approval c) Accept Petition .Bike Jump Park d) Councilmember's Communication - 1998 Election e) Acknowledge Declaration of Annexation Intent f) Receive Annexation Petition - Seed Trust Property 11. UNFINISHED BUSINESS 12. NEW BUSINESS Action Taken ~ 13. COUNCIL ROUNDTABLE 4. ADJOURN 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: October 19, 1998 It is requested that the October 19, 1998 agenda be amended as follows: PETITIONS, REQUESTS AND COMMUNICATIONS Supplemental 10 (a) Adopt Resolution - St. Michael's Church Preliminary and Final Plat St. Michael's Catholic Church is proposing a 44,000+ square foot church facility. Staffis requesting Council approve the Preliminary and Final Plat for St. Michael's Catholic Church. Respectfully submitted, John F. Erar City Administrator lOa City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Mayor, Council Members, City Administrator~v>> Lee Smick, AICP Planning Coordinator TO: FROM: RE: St. Michael's Catholic Church Preliminary & Final Plat DATE: October 19, 1998 INTRODUCTIONIDISCUSSION St. Michael's Catholic Church is proposing a 44,000+ square foot church facility on an 8.0-acre campus with future expansion of the campus of up to 20 acres in an R-l zone. The final plat also includes six outlots and the acreages of the lots are as follows: Lot Block 1 Lot 1 Outlot A - Outlot B - Outlot C - Outlot D - Outlot E - Outlot F - Road ROW TOTAL Zoning requirements Acres 8.00 acres 0.85 acres 0.41 acres 1.08 acres 0.52 acres 4.43 acres 2.87 acres 1.82 acres 20.0 acres Square Feet 348,696 s.f. 37,122 s.f. 18,000 s'f. 47,196 s.f. 22,800 s.f. 193,046 s.f. 124,989 s.f. 79.351 s.f. Use Location of Church Facility Infiltration Basin (water quality) Infiltration Basin (water quality) Future Building Expansion Future Parking Lot Expansion Recreational Area Storm water Management Pond Road right-of-wav The plat meets all of the zoning requirements including minimum lot size and width, and front, rear and side yard setbacks. The zoning requirements are also met regarding the maximum lot coverage allowable of all structures being 25%, whereas the 'church facility covers 12.6% of Block 1 Lot 1. Preliminary & Final Plat Requirements - Outlots The preliminary and final plat shows six outlots on the site plan along with an 8.0-acre Church campus. As defined in the City Code, an outlot is a "lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no development is intended and for which no building permit shall be issued." Therefore, development is not allowed in these areas. Stormwater ponds are encompassed by outlots and dedicated to the City. Outlot A and B includes an infiltration basin to fulfill the City's requirement for water quality along the northern portion of the site. This site drains northerly to the Vermillion River which is designated by the DNR as a trout stream. The water quality requirements for this site are necessary to provide protection of the trout stream. These outlots will need to be dedicated to the City once the development is determined by the City to be completed. City staff considers outlots C, D, and E to be acceptable under the requirements for an outlot. No development will take place within these areas until the outlot is platted. Outlot F is considered a stormwater management pond and will be dedicated to the City as required by City policy. Stormwater Issues The City staff and the Developer's engineer have worked on the stormwater management issues on the site. Currently the stormwater runs in the ditch along Denmark to the north along with overland runoff. The Developer's engineer proposes one storm water pond located at the southeast corner of the site. From the storm water pond the water will be directed to two infiltration basins located along the northern property line. These infiltration basins will be utilized for water quality before releasing the storm water runoff to the north through an existing culvert beneath Ash Street. Storm water from the church's site will eventually be released into the Vermillion River north of the Farmington High School property. The engineering staff is currently reviewing the grading, drainage and utility plans and City approval of the preliminary and final plat should be contingent on approval by City engineering of the design of these plans. Planning/Engineering Division Requirements The following items require revisions to the preliminary and final plat: 1. The memo by Lee Mann, City Engineer, dated October 19, 1998 requires revisions to the plat and the amendments are contingent to final plat approval. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. 3. Submit a Landscape Plan showing plant locations and types of plantings. The City Engineer has reviewed the Preliminary and Final Plat and suggests that the approval of the plat be contingent on approval by City engineering of the design and construction plans for grading, stormwater drainage and utilities (see attached plat review). ACTION REOUESTED Approve the Preliminary and Final Plat for St. Michael's Catholic Church contingent on the following items: 1. The memo by Lee Mann, City Engineer, dated October 19, 1998 requires revisions to the plat and the amendments are contingent to final plat approval. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. 3. Submit a Landscape Plan showing plant locations and types of plantings. Respectfully submitted, ~~ Lee Smick, AICP Planning Coordinator cc: Father Eugene Pouliot, St. Michael's Catholic Church Rich V olovsek, Paul Pink Architecture, Inc. RESOLUTION NO. APPROVING PRELIMINARY & FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT ST. MICHAEL'S CATHOLIC CHURCH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of October, 1998 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, the preliminary and final plat of St. Michael's Catholic Church is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the 8th day of September, 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 City Council reviewed the preliminary and final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above [mal plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following stipulations: 1. The memo by Lee Mann, City Engineer, dated October 19, 1998 requires revisions to the plat and the amendments are contingent to [mal plat approval. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. 3. Submit a Landscape Plan showing plant locations and types ofplantings. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of October, 1998. Mayor Attested to the _ day of October, 1998. City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Lee Smick, Planning Coordinator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: St. Michaels Church, Plat review DATE: October 19, 1998 Engineering staff has reviewed the plat for the above referenced project received 10/15/98 and has the following comments: 1. Outlot A does not encompass the entire infiltration basin. The basin will need to be reconfigured westerly to fit within the boundaries of Outlot A while maintaining the required capacity or the Outlot configuration will need to be revised to encompass the infiltration basin as currently shown. 2. The pipe that connects the ponds on Outlots B and F is currently shown outside the drainage and utility easement along the east side of the property. The pipe will need to be shown within the easement or the easement will need to be redrawn to encompass the pipe. Ten feet will be required on either side of the pipe. 3. An easement needs to be shown for the pipe that connects the ponds on Outlots A and B. Ten feet will be required on either side of the pipe. 4. The east-west dimension of Outlot B is shown on the plat to be 190.00 feet. The scaled dimension is 180 +/- feet. This dimension needs to be verified and the plat needs to reflect the correct dimension. It is recommended that approval of the final plat be contingent on the resolution of the aforementioned issues and engineering requirements identified during construction plan reVIew. Respectfully Submitted, Zm~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file l.JnUMl.Jn NW CORNER OF Wl/2 OF NW1/4 SECTION 6-TI3N-RI9W DAKOTA COUNTY C. ,M. \~ , j \ 3: ~ a: I z ~ ..... l- I II! U LlJ en LL 0 " "- 3: Z LL IJJ 0 " '" ll'l "- ll'l ..... 3: (Tl UJ C\J I l- e IL e 0 z ~ >-< --' I- ll'l [f) (Tl LiJ $ lD (Tl (Tl ..... ur 0f-\11\J I IVll ~ H A . 83.00 [f1 [f1 le.s.A.H. NO. 74 . S9'47'29"E ..' NORTH LINE OF THE Wl(2 OF NW1/4 OF SECTION 6-TI13N-RI9W 642.97 o o o o ..... 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N ~ o - seA LE City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us .sa TO: Mayor, Councilmembers, City Administratotf/t- FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Proclaiming Dakota County Water Resources Awareness Week DATE: October 19, 1998 INTRODUCTION Dakota County Water Resources Awareness week is October 18-24, 1998. DISCUSSION The implementation of water resource education programs is essential to the protection of water resources. The adoption of this proclamation will aid in raising the awareness of this important commodity. ACTION REQUIRED Adopt the attached proclamation declaring October 18-24, 1998 as Dakota County Water Resources Awareness Week. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager PROCLAMATION DECLARING OCTOBER 18-24, 1998 AS DAKOTA COUNTY WATER RESOURCES AWARENESS WEEK WHEREAS, the protection of water resources in Dakota County is essential to maintaining and enhancing the quality of life in Dakota County; and, WHEREAS, the mission of the 1994 Dakota County Water Resources Education Plan is to provide citizens with the knowledge, understanding, and motivation to protect water resources; and, WHEREAS, the City of Farmington is committed to protecting its water resources; and, WHEREAS, the City of Farmington has been working in partnership with the Dakota County Environmental Education Program to implement water resources education programs; and, WHEREAS, it is appropriate to recognize the contributions of organizations and individuals involved in water resources education activities that benefit the City of Farmington and Dakota County . Now, therefore, I, Gerald Ristow, Mayor, do hereby proclaim the week of October 18-24, 1998 as Dakota County Water Resources Awareness Week. The City of Farmington will continue to work with the Dakota County Environmental Education Program, as well as other organizations and members of our community to implement water resources education programs. Gerald Ristow, Mayor October 19, 1998 7a- COUNCIL MINUTES REGULAR October 5,1998 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, Gamer, Strachan Fitch City Administrator Erar, Attorney Joel Jamnik, City Management Team 4, APPROVE A GENDA Recent correspondence from Arcon Development requested the Conditional Use Permit for Autumn Glen be pulled from the agenda. MOTION by Gamer, second by Strachan to approve the Agenda. APIF, MOTION CARRIED, 5, ANNOUNCEMENTS Signed proclamation declaring Cities Week October 5-11, 1998. Signed proclamation declaring National Breast Cancer Awareness Month. 6, CITIZEN COMMENTS 7, CONSENT AGENDA MOTION by Gamer, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes 9/16/98 (Special). Approval of Council Minutes 9/21/98 was tabled until 10/19/98 pending clarification of item 10 d). MOTION by Gamer, second by Cordes, to table 9/21/98 minutes to 10/19/98. APIF, MOTION CARRIED. b) Adopted RESOLUTION R91-98 appointing election judges for general election c) Adopted RESOLUTIONS R92-98, R93-98, R94-98, R95-98 accepting private development project closeouts d) Adopted RESOLUTION R96-98 accepting donation - Park & Recreation Department e) Adopted RESOLUTION R97-98 accepting landscape agreement MnDOT f) Adopted RESOLUTIONS R98-98, R99-98 accepting Nelsen Hills and Riverside Development Contract Addendums g) Adopted RESOLUTION RI00-98 approving grant application for the Metropolitan Regional Arts Council h) Adopted RESOLUTION RI01-98 appointing year 2000 coordinator Council Minutes (Regular) October 5, 1998 Page 2 i) Approved policy recommendation - Park & Recreation Department j) Approved capital outlay - Park & Recreation Department k) Approved storm sewer maintenance projects I) Accepted resignation - Heritage Preservation Committee Member m) Amended ORDINANCE 098-417 - charitable gambling n) Approved bills APIF, MOTION CARRIED, 8. PUBLIC HEARINGS 9, AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - East Farmington PUD Amendment Sienna Corporation is seeking an amendment to the PUD for East Farmington to add two new block configurations to the original Schematic PUD for Blocks E and F. The Planning Commission reviewed the PUD amendment and recommended denial of the amendment on the basis of the following items: 1. The original Schematic PUD illustrated 15 to 16 lots per block on the plan rather than the increased number proposed for the PUD amendment. 2. The economic value to be gained by the Developer is not a part of the original commitment made by the Developer and the City to the community. 3. The City Attorney has indicated that the Development Contract language affecting the PUD allows the City to deny the Developer's request regardless of whether the technical changes fall within the City's zoning requirements. City Staffhas reviewed the City Code, and the proposed East Farmington PUD amendment meets all of the requirements of the City's R-2 PUD Ordinance. According to Rod Hardy, Sienna Corporation, increasing the number of lots will keep the price of the lots from going up. The benefit will be to the consumer. Jim Thomas, 901 10th Street, lives in Henderson Addition, and is concerned about the size of the lots abutting his rear lot line. He stated he will have three neighbors abutting his backyard. All other blocks have the same number of houses. Mr. Hardy stated they are not platting in his area at this time, they are looking at the block configuration. They are looking at ways to handle the issue of current houses backing up to smaller lots, such as some type of screening or mounding. Mr. Thomas stated most houses in Henderson Addition are ramblers. Two story splits will be built behind them, allowing the residents to look down into their property. Mr. Thomas would like to be notified when the platting in his area begins. Mr. Hardy stated he will meet with the residents before the Public Hearing. Council Minutes (Regular) October 5, 1998 Page 3 (A change was made in the resolution Amending the East Farmington Schematic PUD to read: WHEREAS, the Developer has indicated that they are willing at a later date to discuss other modifications. . .). Council was given two options relative to the Developer's request. Council could adopt a resolution approving the East Farmington PUD to allow Block E and F as new block configurations, or adopt a resolution affirming the Planning Commission's denial of the Developer's request. The Mayor questioned if Council would be setting a precedent by amending the PUD. City Attorney Jarnnik replied that with a development as large as this, a provision for changes has been included in the PUD by stating changes must be agreed to by mutual consent. MOTION by Gamer, second by Cordes to adopt RESOLUTION RI02-98 approving the East Farmington PUD to allow Block E and F as new block configurations in the Schematic PUD and authorize the signing of the resolution. APIF, MOTION CARRIED. b) Union Pacific Railroad Communication The City has received written notification from Union Pacific Railroad confirming the company's intention to disregard the City ordinance, citing the Swift Rail Act and Federal Railroad Administration Emergency Order 15 as the legal basis for their position. Andrea Poehler, Assistant to the City Attorney, stated according to the Secretary of Transportation's office, the Emergency Order 15 only applies to the state of Florida not Minnesota. City Attorney Jarnnik will look into how St. Paul and other cities are going to handle this and prepare a report for Council. c) Castle Rock Township Comprehensive Plan Amendment A meeting was held with Metropolitan Council staff to further discuss the Castle Rock Township Comprehensive Plan Amendment that would redesignate land use within the township from rural residential to commercial/industrial development. A number of outstanding issues and concerns associated with this proposed development were addressed. City staff is planning attendance at the October 6, 1998 Metropolitan Council Community Development Committee meeting to address any questions or issues from the full committee, not to argue the City's position on this matter. 11, UNFINISHED BUSINESS 12, NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Cordes: Highway 3 looks great. Council Minutes (Regular) October 5, 1998 Page 4 Community Development Director Olson: The Plat Commission granted a variance to St. Michael's to allow access to Ash Street. Police Chief Siebenaler: There was a large scale operation on Saturday searching for a missing child. The situation resolved itself. Parks & Rec Director Bell: Boy Scouts did a great job on landscaping. A Roadside Beautification grant has been received from the State of MN. City Engineer Lee Mann: Paving on 2nd Street Parking Lot completed, signs and markings are done. Mayor Ristow: Need to address walkway between the parking lot and 3rd Street. City Administrator Erar added the parking lot looks great and suggested the walkway could be included in the streetscape project. 14, ADJOURN The Council went into Executive Session at 8:45 p.m. Respectfully submitted, jt~?r?~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR September 21, 1998 kc 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 Cordes to approve the Agenda. APIF, MOTION CARRIED, 5, ANNOUNCEMENTS a) Proclaim Minnesota Manufacturer's Week October 12-16, 1998 b) Proclaim Pollution Prevention Week September 21-27, 1998 MOTION by Gamer, second by Cordes to approve Proclamations. APIF, MOTION CARRIED, 6. CITIZEN COMMENTS 7, CONSENT AGENDA MOTION by Gamer, second by Fitch to approve the Consent Agenda as follows: a) Approved Council Minutes 9/8/98 (Regular) b) Approved City participation in County Auction c) Approved school and conference request - Police Department d) Approved appointment recommendation - Public Works Department e) Authorized 1998 audit engagement f) Approved capital outlay purchase - Fire Department g) Authorized facility improvements - Park & Recreation Department h) Authorized tower removal - Park & Recreation Department i) Adopted RESOLUTION R88-98 approving participation in Livable Communities Act - 1999 j) Approved change order - pool bath houselRambling River Park restroom k) Approved bills APIF, MOTION CARRIED, 10, PETITIONS, REQUESTS AND COMMUNICATIONS d) St, Michael's City Fee Waiver Requests This item was moved forward in the agenda to accommodate the audience. St. Michael's Catholic Church requested the storm water management fees and park land dedication fees be waived or reduced for the new church being developed at the intersection of Ash Street and Denmark Avenue. The recommendation of the Park Board was that the park dedication fees for this project be based on the Council Minutes (Regular) September 21, 1998 Page 2 CommerciallIndustrial rate rather than the Residential rate. Staff is reluctant to recommend approval of waiving this fee entirely as other non-profit organizations may pursue the same type of fee waiver request. Pastor Eugene Pouliot, St. Michael's Church, stated he is grateful for the hard work of City staff and Council and asked Council to consider waiving the fees. Mr. Bill Beckfeld, Building Committee Co-chair for St. Michael's Church, stated he appreciated recommendation for the park fees. It is his understanding that Outlot A needs to be dedicated to the City. He also stated, staff is recommending Outlot B not be permitted to be platted as an outlot since improvements will be constructed on this lot, and will serve as a portion of the front yard. Regarding storm water management fees, Mr. Beckfeld felt a precedent had been set by Bible Baptist Church. He requested waiving of storm water management fees entirely. Ann Nichols, Church of the Advent, stated they support St. Michael's Church. Staff said the City had to consider the amount of water coming from the large parking area. The Commercial rate with the credit is less than the residential rate. The fees go into the storm water fund which provides storm water facilities for the entire city. The City will grant an estimated $80,300 credit towards fees. The Mayor stated a precedent was also set with Congregate Care and that we need to look to the future. Pastor Pouliot asked if there wasn't a difference between Congregate Care and churches? Edwin Holmes, 612 Main Street, stated St. Michael's is a big asset to the community. The pond will be adding water 365 days. There is a big difference in non-profit organizations. Ron Thelen, 1021 6th Street, asked why not put the credit towards the Residential rate instead of the Commercial rate? Staff replied if credit was applied to the Residential rate, the City would owe St. Michael's. Mr. Beckfeld stated the ponds would be different because of the storm water management. Staff replied a credit can be issued because the church is building the ponds on their site. Mr. Beckfeld said the pond is not a nice amenity. It has become a very large pond system and the church would prefer to send the water someplace else. The church does not want the pond. Councilmember Fitch asked if the pond could be moved somewhere else and the church would have to pay the storm water fees. Staff replied this location is the best solution for developing the site and that the church would have to pay the entire amount of the fees if they do not construct the pond on their property . Mr. Beckfeld said the church has a good relationship with the City and thanked Staff for their efforts. Councilmember Cordes asked if there was a different definition for non-profit. Attorney Jarnnik stated an infinite variety in billing systems could be created, however, as system definitions become more complicated, the system becomes more subjective and prone to challenge. Current City code does not have a distinction for storm water systems. Councilmember Cordes asked if the fees are waived for St. Michael's, could the Eagle's, for example, come back with the same request? Attorney Jarnnik replied, Council Minutes (Regular) September 21, 1998 Page 3 yes. Any non-profit organization could say we want the same deal. We contribute to the community. The Mayor stated Council would have to evaluate each contract at that time. Staff stated other organizations are paying taxes. The church does not. Councilmember Cordes asked if the Council was allowed to waive the fees. Attorney Jamnik replied, yes, as long as it is not based on religion. Staff inquired if waiving the fees could be characterized as a gift? Attorney Jamnik replied yes. However, if it is not a direct appropriation, it is not a gift. Charlie Sieber, 1995 Enchanted Way, stated policies are not being enforced. Council needs to look at each entity and at what the church stands for. This would outweigh anything St. Michael's is charged. How many non-profit organizations have over 100 years of history? Council needs to go back to the merits of St. Michael's. Charlie Sieber stated the City isn't billed for volunteer work. The church volunteers because it is the right thing to do. Councilmember Fitch stated when the next organization comes, how does Council tell them no? How does Council determine who has merit? Council is trying to develop consistency. In review of the storm water ponds constructed on the St. Michael's Church site, staff recommended, and Council approved, that the ponds on the church site--which they are required to build regardless--be designated and treated as a "trunk system." As there is no "trunk system" in the area of the church site, the storm water management ponds constructed on their site will be acting as trunk facilities. (At the October 5, 1998 Council Meeting, Council requested this paragraph be inserted for clarification) . Councilmember Strachan stated the City has good policies. It is a matter of enforcing them. The fees have been reduced by 75%. MOTION by Strachan, second by Fitch to reduce the Park Dedication Fee by applying the commercial rate, and apply the Commercial rate for storm water management. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Conditional Use Permit - Nelsen Hills 7th Addition Grading Permit Heritage Development has applied for a conditional use/grading permit for grading work to occur within the 7th Addition of the Nelson Hills Farm development. Staff recommended approval of the permit contingent on the following: 1) The developer grades the 7th Addition at his own risk. 2) Approval of the grading plan by the City Engineering division. 3) The required surety is posted and the Developer pays the appropriate fees. 4) All information required should be submitted prior to City Council approval of the permit. 5) The Developer does everything within reason to have grading completed this year. MOTION by Fitch, second by Gamer to approve the conditional use/grading permit for Heritage Development based on the Council Minutes (Regular) September 21, 1998 Page 4 contingencies established by the Planning Commission. APIF, MOTION CARRIED, 9, AWARD OF CONTRACT 10, PETITIONS, REQUESTS AND COMMUNICATIONS a) Submittal of 1999-2003 CIP The City Council was presented with a draft Capital Improvement Plan (CIP) identifying proposed projects to be completed over the next five fiscal years. MOTION by Gamer, second by Fitch to schedule a Council Workshop to review the 1999-2003 CIP for Wednesday, October 21, 1998 at 7:00 p.m. in Council Chambers. APIF, MOTION CARRIED, b) Adopt Resolution - Accept U,S, Justice Department COPS Grant The Farmington Police Department applied for and received COPS Fast Grant from the United States Justice Department. This Grant is in the amount of $75,000 over a three-year period, and is the second such grant received by the Farmington Police. MOTION by Gamer, second by Cordes to adopt RESOLUTION R89-98 accepting the U.S. Justice Grant in the amount of $75,000. APIF, MOTION CARRIED. 11, UNFINISHED BUSINESS a) Adopt Resolution - Set 1998 Sealcoat Assessment Hearing Date The total project cost for the 1998 Sealcoat project is $54,678.24. The total amount to be assessed to benefiting properties is $18,700. The City's portion of the project cost is $35,978.24. MOTION by Fitch, second by Gamer to adopt RESOLUTION R90-98 declaring the costs to be assessed and setting the assessment hearing for October 19, 1998. APIF, MOTION CARRIED, b) Prairie Creek 3rd Addition Citizen Petition The City Council held a workshop to consider staffs initial findings regarding drainage issues in the Prairie Creek 3rd and 4th Additions. The Council authorized the following outcomes: 1) The Senior project team is to meet with the Developer of Prairie Creek to discuss the issues and determine a plan to resolve the issues identified at the Council workshop. 2) A project that would resolve the issues identified is to be added to the draft of the CIP. 3) The Senior project team is to review possible funding mechanisms for the project. 4) Identify an appropriate loss control strategy relative to City project funding costs. MOTION by Gamer, second by Cordes authorizing project actions as presented. APIF, MOTION CARRIED, c) Ash Street Project Committee Update City committee representatives met with Township representatives on September 9, 1998 to continue discussions relative to the provision of municipal services to township properties with failing septic systems. The Township committee decided to pursue private septic system upgrades. A discussion was held regarding having an independent engineering firm conduct a feasibility study on storm water drainage. Council Minutes (Regular) September 21, 1998 Page 5 However, the Mayor was comfortable with the study presented by the City Engineer and preferred having the City and township engineers work together. On the issue of whether Ash Street should be reconstructed or overlay ed, Council is in favor of reconstruction, not overlay. Staffwill send a letter to the Castle Rock Town Board supporting the,reconstruction of Ash Street. 12, NEW BUSINESS a) Sanitary Sewer Rate Analysis The City currently charges its residential sewer customers a flat rate of $65.30 per quarter for sewer service. Staff recommended that Council adopt the proposed residential sanitary sewer base rate of$28 for the first 10,000 gallons of water used and $2.20 per 1000 gallons of water over the 10,000 gallon minimum usage. Winter quarter will be used as the base quarter to affix the maximum quarterly charge for the year. MOTION by Strachan, second by Gamer to adopt the proposed residential sanitary sewer base rate. APIF, MOTION CARRIED, 13, COUNCIL ROUNDTABLE Councilmember Fitch: Pilot Knob looks good. Congratulations to Bill Weierke on his promotion. City Administrator Erar: Suggested deferring the Towing Contract Workshop to October 21, 1998 with the CIP Workshop. MOTION by Gamer, second by Cordes to move the Towing Contract Workshop to October 21, 1998. APIF, MOTION CARRIED, Administrator Erar also stated the railroad will not comply with the train whistle ordinance. Staff should receive a letter from them this week. Councilmember Cordes stated the City of Rosemount is also looking at a train whistle ordinance. Community Development Director Olson: Advised Council the Planning Commission approved the contract for the Hosmer Brown building. Parks & Rec Director Bell: The arena team rooms will be done soon. Mayor Ristow: It is hard for the audience to hear Staff. Requested a microphone be added for Staffs use. 14, ADJOURN MOTION by Fitch, second by Gamer to adjourn at 10:25 p.m. APIF, MOTION CARRIED, Respectfully submitted, ~~ PJ~ ~nthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /); TO: Mayor and Councilmembers City Administrator ~ David L. Olson Community Development Director FROM: SUBJECT: As-Built Survey I Grading Surety - Townhome Construction DATE: October 19, 1998 INTRODUCTION The City has required a As-Built/Grading Surety of $1,500 for new single family home construction since the summer of 1997. The amount established did not take into account the construction of attached townhomes. DISCUSSION It has recently been brought to the City's attention that charging a $1,500 as-built! grading surety for each residential unit in an attached townhome building is probably not necessary since the building will be constructed and the site graded as one building site. It is recommended that the 1998 Fee Resolution be amended to establish a $500 per unit as-built/grading surety for attached townhomes that contain three or more units. This results in a $2000 surety for a four- unit building, a $3000 surety for a six-unit building, etc. BUDGET IMPACT None ACTION REOUESTED Adopt the attached resolution amending the 1998 Fee Resolution to establish the as-built/grading surety of $500 per unit for attached townhomes that contain three or more units. ~~ DaVid L. Olson Community Development Director -- RESOLUTION NO. R Amendment to 1998 Fee Resolution Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the City Hall of said City on the _ day of 199 at 7:00 P.M. The following members were present: Ristow, Cordes, Fitch, Gamer, Strachan The following members were absent: None Member introduced and Member seconded the following resolution: WHEREAS, an as-built/grading surety amount has not previously been established for attached residential townhome construction for buildings containing three or more units; and WHEREAS, a surety amount of $500 per residential unit is an appropriate and reasonable as- built/grading surety to be collected for this type of construction; NOW THEREFORE, BE IT RESOLVED that Resolution ROI-98 be amended to include a $500 as-built/grading surety be established for attached residential townhome buildings containing three or more units. This resolution adopted by recorded vote of the Farmington City Council in open session on the day of ,199_. Gerald Ristow, Mayor Attested to this _ day of ,199 . SEAL John F. Erar, City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c FROM: Mayor, Council members, City Admi,nistrator fit- Robin Roland, Finance Director TO: SUBJECT: General Obligation Improvement Bonds of 1998 DATE: October 19,1998 INTRODUCTION At their meeting on July 21, 1997, the City Council of the City of Farmington voted to fund the City's portion of the County State Aid Highway 31 project through use of MSA Highway funding and G.O. Improvement Bonds supported by special assessments on benefiting properties. DISCUSSION Construction on CSAH 31 is well underway. An initial allocation of MSA funding was received in July 1998 and has funded expenditures to this point. Issuance of the Improvement Bonds at this time will insure adequate funding for the balance of the project costs. The bond issue recommended is $2,325,000 and the proposed sale date is November 19,1998. Bids for the bonds would be received by Juran & Moody on that date and the successful bidder would be authorized by the City Council at the Council Meeting that evening. The bonds will be dated December 1, 1998 and the proceeds would be available to the City for payment of the construction costs of this project within thirty days of the sale. BUDGET IMPACT Staff anticipates that special assessments on benefiting properties would be certified to the County in late 1999 for payment to the City with property taxes in 2000. The preliminary cash flow on these bonds is attached and shows these special assessments as projected for the fifteen year life of the bond issue along with an annual "municipal funds' contribution. This municipal funds contribution is anticipated to be paid from annual MSA allotments for the term of the bonds. ACTION REQUIRED Adopt the attached resolution authorizing the sale of $2,325,000 in General Obligation Improvement Bonds on November 19,1998. 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I as t; I o ~ ~ ~ ~ ~ ~ ..1 ra 5 ~ ~ Bl ~ ~ ~ ~!!l tll I~ ~ ~ I ~ ~ ~ g ~ ~ ~ ~ il l~ ~ ~ ~ i ~ ~ ~ ~ Q ~ ~ i I~ ~ ~ ; I n I ~ ~ i ~; I l~_g_!_____i~_~~_~_~~_":_~_~___~J ~mg~~~~~~~~~~~~~~~~~~~~ OO?~~~~~~~~~~~~~~~8cOOC ~ ~~~~~~~~q~~~~~~~~ ~~~~g.~~Q~-.-~-~~ 2~~NR~~~c::i~~~~~=~ ~~~~~~~~~~~~~~~~~~~~~ 8 ~~~~OO~NNN~~~~gc80ooo Q i---~~-~~~M.~OO~ ~ ~~~~~~~~~~~~~~~~ ~ 229~~~~~~~.~~N- ~ ;; ~ffi*~~***~*~***~*~*~~~* ~~.~~~~~~~~~~~~~~~~~~~~ ~~CI............""....""ClClOO aa l.t.l '" ab ir 9' ~ ;:;; ~ j:5 I z ~ ! ~ ~ ~ Q GOO~ ~~aaa~~a~~a~~~~a~a~ 8 ~~~~~~~~~~~~~~~OClOO ~ ~~~~~~~~~~~~~g~ ~ --------------- ~ M - ~ ~ ~"'~-~~X""~~aa~CI-MM.....\D~- ~~ ~~~ ~ -~--~~--- -M~MMM~M~~ lOl~lOllOllOllOllOl~lOl SO&T ~GG GT9 XVd GG:OT U3M 86/0&/60 RESOLUTION NO. RI04-98 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 on October 19, 1998, at 7:00 o'clock P.M. at the City Hall in Farmington, Minnesota. Members present: Mayor Ristow and Council members Fitch, Cordes, Gamer, and Strachan Members absent: none Documents Attached: Minutes of said meeting (pages): RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,325,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998 OFFICIAL NOTICE OF SALE I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on October 19, 1998. ~ '.J .. . . L:> Advllnistrator Councilmember Fitch introduced the following resolution and moved its adoption, which motion was seconded by Councilmember Gamer RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $2,325,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998 BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds of 1998 in the principal amount of $2,325,000, pursuant to Minnesota Statutes, Chapters 429 and 475, the proceeds of which will be used to finance various municipal improvements, as more fully described in Exhibit A attached hereto. SECTION 2. OFFICIAL NOTICE OF SALE. Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated is hereby appointed as financial consultant to the City in connection with the sale of the Bonds. Said financial consultants have presented to this Council a form of Official Notice of Sale for the Bonds which shall be placed on file by the Administrator. Each and all of the provisions of the Official Notice of Sale are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. SECTION 3. SALE MEETING. This Council shall meet at the time and place stated in the Official Notice of Sale for the purpose of considering sealed proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Upon vote being taken thereon, the following members voted in favor thereof: Gamer, Fitch, Cordes, Strachan, and Ristow and the following members voted against the same: none whereupon the resolution was declared duly passed and adopted. OFFICIAL NOTICE OF SALE CITY OF FARMINGTON, MINNESOTA $2,325,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1998 (BOOK ENTRY ONLY) These Bonds will be offered for sale on sealed proposals on November 16, 1998. Proposals will be accepted until 11 :00 o'clock a.m., at the offices of Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, 1100 World Trade Center, 30 East 7th Street, St. Paul, Minnesota, at which time the proposals will be opened and tabulated for presentation to the City Council for action thereon at a meeting to be held at the City Hall at 7:00 p.m., on the same day. No proposal submitted can be withdrawn before the Council meeting. DETAILS OF THE BONDS The Bonds will be dated, as originally issued, as of December 1, 1998, will bear interest payable semiannually on each June 1 and December 1 to maturity, commencing June 1, 1999, and will mature on December 1 in the following years and amounts: Year Amount Year Amount 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 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. Interest will be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the purchaser, and fully registered as to principal and interest. OPTIONAL REDEMPTION Bonds maturing in 2005 and later years will be subject to redemption and prepayment, at the option of the City, on December 1, 2004, or on any interest payment date thereafter, in inverse order of maturity dates and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) for Bonds maturing on the same date, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. MANDATORY REDEMPTION Any term bonds issued shall be subject to mandatory sinking fund redemption in part prior to their scheduled maturity dates on December 1 of certain years, as more fully described in the Details of the Bonds section herein, at a price of par plus accrued interest to the date of redemption. BOOK ENTRY ONLY The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the entire principal amount of the Bond at maturity, will be registered in the name of CEDE & CO. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof or a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance certain public improvement projects within the City. TYPE OF PROPOSAL Sealed proposals for not less than $2,292,450 and accrued interest on the total principal amount of the Bonds must be mailed or delivered to Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, the City's financial advisor, and must be received prior to the time established above for the opening of proposals. Proposals shall be accompanied by a good faith deposit (the Good Faith Deposit), in the form of a certified or cashiers check or bank draft payable to the City, or a Financial Surety Bond, in the amount of $46,500 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota. Such Financial Surety Bond must be submitted to Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated prior to the opening of proposals and must identify each underwriter whose Good Faith Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then the successful purchaser is required to submit its Good Faith Deposit in the form of a certified or cashiers check, bank draft or wire transfer as instructed by Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated not later than 3:00 p.m. on the next business day following the award. If such Good Faith Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy such Good Faith Deposit requirement and such amount will be deducted from the purchase price at the closing and no interest will accrue to the purchaser. The Good Faith Deposit will be retained by the City as liquidated damages if the proposal is accepted and the purchaser fails to comply therewith. Except as otherwise provided, the Good Faith Deposit will be returned to the purchaser at the closing for the Bonds. No proposal shall be withdrawn after the time set for opening proposals unless the meeting of the City scheduled for consideration of the proposals is adjourned, recessed, or continued to another date without award of the Bonds having been made. The interest rates specified by underwriters shall be in an integral multiple of 51100 or 1/8 of 1 %. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the spaces provided on the Proposal Form. All principal payments scheduled to be made in and before the year specified as the "Last Year of Serial Maturities" shall be designated as maturity amounts of serial bonds; all principal payments scheduled to be made after the year specified as "Last Year of Serial Maturities" and through each year specified under "Years of Term Maturities" shall be designated as mandatory sinking fund redemptions of term bonds maturing in the year(s) so designated. AWARD The Bonds will be awarded to the underwriter offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any discount to, the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms hereof. REGISTRAR The City will appoint U.S. Bank Trust National Association, in St. Paul, Minnesota, as the paying agent which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond or any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. QUALIFIED TAX-EXEMPT OBLIGATIONS The City will designate the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. "Qualified tax-exempt obligations" are treated as acquired by a financial institution before August 7, 1986. Interest allocable to such obligations remains subject to the 20% disallowance under prior law. CONTINUING DISCLOSURE In order to permit bidders for the Bonds and other participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the Rule), the City will covenant and agree, for the benefit of the registered holders and beneficial owners from time to time of the outstanding Bonds, in the resolution awarding the sale and prescribing the terms of the Bonds, to provide annual reports of specified information and notice of the occurrence of certain events, if material. The City is the only "obligated person" in respect of the Bonds within the meaning of the Rule for the purposes of disclosing information on an ongoing basis. A description of the undertaking is set forth in the Official Statement. Failure of the City to enter into an undertaking substantially similar to that described in the Official Statement would relieve the successful bidder of its obligation to purchase the Bonds. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at DTC. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal or equivalent immediately available funds. " ' OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relating to the City and the Bonds, and the Official Statement will serve as a nearly-final Official Statement as required by Rule 15c2-12 of the SEe. The Official Statement, when further supplemented by an addendum specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting an official proposal therefor, the City agrees that, not more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds have been awarded a reasonable number of copies of the Official Statement and the addendum described above. The City designates said senior managing underwriter as its agent for purposes of distributing copies of the Final Official Statement to each participating underwriter. Any underwriter executing and delivering an official proposal form for the Bonds thereby agrees that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all participating underwriters of the Bonds for purposes of assuring receipt by each such participating underwriter of the Final Official Statement. Copies of the Official Statement, proposal forms and any additional information may be obtained from the City's financial consultants, Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, 11 00 World Trade Center, 30 East 7th Street, St. Paul, Minnesota 55101-4901 (1-800- 950-4666). Dated October 19, 1998.o BY ORDER OF THE CITY COUNCIL John Erar, Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7d TO: Mayor, Councilmembers, City Administrato~ SUBJECT: Karen Finstuen, Administrative Services Manage~ Resolution approving a Gambling Premise Permit FROM: DATE: October 19, 1998 INTRODUCTION Outreach Six Acres, an organization from Red Wing, Minnesota, is requesting a Gambling Premise permit at Farmington Lanes. DISCUSSION To obtain a Minnesota Gambling Permit, an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. Outreach is requesting approval to conduct gambling activity at Farmington Lanes, 27 5th Street, until 12/31/98. BUDGET IMPACT None. ACTION REQUIRED Adopt the attached Council Resolution approving a Premise Permit at 27 5th Street. Respectfully submitted, {~V-- j~~ Karen Finstuen Administration Service Manager Proposed RESOLUTION NO, R APPROVING A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR FARMINGTON LANES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 19th day of October, 1998 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.213, the State of Minnesota Gambling Board may not issue or renew a Gambling Premise Permit unless the City Council adopts a Resolution approving said permit; and WHEREAS, Outreach Six Acres, Red Wing, Minnesota, has submitted an application for a Gambling Premise Permit to be conducted at Farmington Lanes, 27 5th Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premise Permit for Outreach Homes be conducted at Farmington Lanes, 27 5th Street is hereby approved. This Resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of October, 1998. Mayor Attested to this _ day of , 199_ City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us 7e TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Appointment Recommendation - Community Development Department DATE: October 19, 1998 INTRODUCTION The recruitment and selection process for the appointment of a full-time Building Inspector in the Community Development Department's Building Inspections and Permitting Division has been completed. DISCUSSION After a thorough review of qualified internal applicants for this position by the Community Development Department and Personnel Office, an offer of employment has been made to Mr. Darrel Gilmer, subject to ratification by the City Council. Mr. Gilmer has been working in the capacity of a temporary Building Inspector for the City for the past five months. Mr. Gilmer has completed the Building Inspection program at Inver Hill Community College and will be testing for his State Building Inspector Limited certification later on this month. Mr. Gilmer will also be required to obtain his Building Official certification with the State of Minnesota within 12 months of his appointment. Darrel's performance with the City during this time has been commendable and he is fully qualified and capable to serve as a full-time Building Inspector. BUDGET IMPACT Funding for this position is authorized in the 1997 Budget. RECOMMENDATION Approve the appointment of Mr. Darrel Gilmer as a full-time Building Inspector effective October 20,1998. submitted, 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 7-F TO: Mayor, Councilmembers, City Administrato~ FROM: Ken Kuchera, Fire Chief SUBJECT: SchooVConference Request DATE: October 19, 1998 INTRODUCTIONIDISCUSSION This request is for three Rescue Squad members to attend a seminar on "Trauma Tactics". The seminar will be held in Red Wing, Mn and is sponsored by Life Link III. The training provides valuable hands on training in the appropriate techniques for a variety of emergency care topics. BUDGET IMPACT The 1998 budget contains adequate funds to cover the costs. ACTION REQUESTED Approve the request for three Rescue Squad members to attend a Trauma Tactics Seminar in Red Wing, Mn. Respectfully submitted, ~~~ Ken Kuchera Fire Chief 10/14/1998 11:00 512-917-5231 LIFE LINK III. PAGE 01 '> ' . · .;. Life Link III' ~ .-...,',.",' 2124 University Ave. West St. Paul, MN 55114 Administration Phones: Phone: (651) 917-5200 Fax: (651) 917-5231 '" . FAX FROM: . (~/d- ~3-';)57/ DATE: TO: TOTAL # OF PGS. . eluding cover sheet) MESSAGE: Life Link III Members: Abbott Northwestern Hospital Children's Hospital and Clinics Fairview Health Services Hennepin County Medical Center Regions Hospital Communications Center: Toll Free 1-800-328-1377 Twin Cities (651) 778-0416 IF YOU DO NOT RECEIVE THIS FAX IN ITS ENTIRETY OR IT IS NOT LEGIBLE, PLEASE CALL (651) 917-5200. This facsimile transmission Is intended only for the addressee named above. It contains information that is privileged, confidential, or otherwise protected from use and disclosure. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying or dissemination of this transmission or the taking of any action in reliance on its contents or other use Is 'strictly prohibited. If you have received this tran'smission in error, please notify us by telephone immediately so that we can arrange for Its return to us. Thank you for your cooperation. 10/14/1998 11:00 8:00-8: 1 0 8: 10-9:00 9: 10-10:00 10:00.10:20 10:20-11:30 1l:40~12:30 12:30-1:30 1 :30-2:20 2:30-3:20 3:30-4:20 4:30-6:00 8:30-9:20 9:30-10:20 10:20-10:40 10:40-11 :30 11:40-12:30 612-917-5231 !' LIFE LINK II 1. Trauma Tactics '98 Agenda Life Link III Friday, October 23, 1998 Welcome and AnnoWlcements - Barbados Trauma Myths and Realities - Barbados - Caleb Rogovin, MS, CRNA, CCRN, CEN How Do All of the Pieces of the Puzzle Fit? - Barbados - Harold Risk, PbD Break and ExhibitS - Tent Monticello School Bus Accident - Barbados - Hamlet, Zaske, et a1. The Worst Way To Die? The Real Near Drowning Eltperience - Barbados . Scott DeBoer, RN Lunch BLS - Tahiti Btlllroom Caring for the Sexually Abused. Patient in the Pre-Hospital Environment - Mary Carr, MD Gun Violence and You - Michael McGonigal, MO, FACS Pre-Hospital Infection Control - Barbara Borr, RN Vendor Reception - Tent ALS ~ Capri Ballroom OrallFacial Injuries Complex AiJWay Management - Donald Primley, MD Toxicologic Emergencies - Nathan Schmeichen, MD Latex Allergies - Christy Miller, RN !' Trauma Tactics '98 Agenda Life Link III Saturday, October 24, 1998 BLS - Tahiti Ballroom Back to Basics Neuro Assessment - Scott DeBoer, RN EMS Drug Update - Jim Levi, EMT-P Break & Eliliibits Nightmares in Airway Management . Joseph Jensen, RN, EMT.P Little Old Lady on Linoleum (LOLOL) - Diane Deters. RN ALS - Capri BQ.I/room A Year of RSl - Lakeview EMS Illicit Drugs, The Highs & Lows - David Steele, RN Cases, Cases, Cases - Vicki Costello, RN - Diane Voelker, RN PAGE 02 10/14/1998 11:00 512-917-5231 LIFE LINK III. PAGE 03 ..('t Trauma Tactics '98 Program Description Trauma Tactics '98 features a diverse group of speakers to educate medical personnel on a variety of topics including gun violence, latex attergies, illicit street drugs, and so much more. Speakers at Trauma Tactics '98 include physicians. nurs~S. paramedics and pre-hospital providers, all with years of experience in IheiI: I:espective fields. ..('t Trauma Tactics '98 Exhibit Hall This year over 25 exhibitors for Trauma Tactics '98 will be available both Friday and Saturday in the Treasure Island Resort and Casino Conference Center. Vendors will offer infonnation on vehicles, patient care equipment. drug therapies, protective gear, medical se~ices, hospital services, communication technology. educational opportunities and more. ..('t Caleb Rogovin, MS, CRNA, CCRN, CEN, Keynote Speaker "Trauma Myths and Realities" Join Caleb as he eltplores current trauma trends and the controversies that surround them. Mr. Rogovin's ex.ploration of trauma myths and realities will enlighten you to the non-analytical approach to trauma care. Cost AccJ"editation Lodging Registration Questions? ..('t Trauma Tactics '98 Conference Information $100,00 per person for the 1 1/2 day conference, includes tuition, a Trauma Tactics '98 T-shirt. program materials, lunch and break refreshments. Saturday only cost is $40.00, Friday only cost is $75.00 Following Wisconsin and Minnesota Department of Health Guidelines, (EMS Division), and Nursing Guidelines, this program is designed to provide II contact hours for RNs, EMTs and EMT-Ps. Application for post credits for Minnesota Police Officers is pending. Lodging is available at Treasure Island Resort and Casino. A special rate of $69.00 (single) $79.00 (double) per night is available for participants. Please state you are attending Trauma Tactics '98 when making your room reservations. Treasure Island Resort and Casino 5734 Sturgeon Lake Road, PO Box 75 Red Wing, MN 55066 612-388-6300 or 1-800-222.7077 To charge your registI:ation by phone, please call Life Link III at 1.800-283-4025, Visa, Mastercard and American Express are accepted. To register by mail, make checks payable to Life Link III and mail with your registration form to: Life Link III Attention: Trauma Tactics '98 2124 University AVe, West 5t, Paul, MN 55114 Ameridnn 612-385-2846 St. James Hotel 612-388-2846 Days Inn 612-388- 3568 Please feel free to call us at 1-800~283-4025 with questions. Look for more infor","t;()1I ()II Friday night~f entertllinment, a guided tOllr of.~(m;1t of Red Willg ~~ IJlfJst entertailling estQblish",e"t~.! 10/14/1998 11:00 612-917-5231 LIFE LINK II I. PAGE 04 .1 ~2 .3 ~4 .5 J!6 .7 i!s .9 ~ Trauma Tactics '98 Course Description A Year of RSI (Rapid Sequence Induction) at Lakeview EMS John Muller, EMT-p, Mike Klarich, EMT-P. Mark Tiffany, EMT-P Is your service ready for the controversial arena of rapid sequence induction in airway management? Lakeview EMS has completed a year long test pilot in this method of intubation combining chemical sedation and paralysis. They will discuss the problems and . successes they have experienced, and will share case studies of three challenging patient scenanos. Illicit Drugs - The Highs and Lows of It . Dave Steele, RN The powerful world of illicit drugs and the reality of the care we need to provide is changing almost as rapidly as the drugs themselves. Mr. Steele will offer information on the newest drugs to hit the streets and the response we can offer in the pre-hospital and emergency care environment. Cases, Cases, Cases Vicki Costello, MA, RN, TNC, Diane Voelker. RN, CeRN Join some experts as they walk through a few amazing cases. Essential components of assessment and treatment modalities wilt be discussed. Pre-Hospital Infedion Control - Barbara Bon; RN Blood, secretions, exudatej airborne pathogens-YUCK, what nex.t? How do you protect yourself in the often messy world ofpre~hospital care? Ms, Borr will share the latest in infection control procedures and the precautions you need to take against some of the new viruses and pathogens that have infected our pre-hospital environment. Back to Basics: EmeJ'gency Assessment of Neuro Nightmares - Scott DeBoer, RN, MSN, ceRN Every five minutes someone in the USA has their life permanently altered due to head trauma. Prognosis for those acutely injured individuals becomes more favorable all the time. Old and new options for care will be discussed. EMS Drugs Update - Jim Levi, EMT-P Who's making the decisions on what drugs you can use in the field? Jim Levi will present an update on some of the legislative decisions that are affecting the way you deliver care, Nightmares in Airway Management - Joe Jensen. RN, EMT-P Remember the basics of airway management? RE-Iearn how the basics are the most essential in treating your most difficult airway cases. LOLOL (Little Old Lady On Llnolel.lm) - Diane Deters, RN The social and ethical issues surrounding the care of our geriatric patients can be as important as their very unique physiological needs. Ms. Deters will help us to recognize and respect the needs of these special adult patients. Gun Violence and You - Michael D. McGonigal. MD. FACS Dr. McGonigal's unique gun violence prevention program, "Calling the Shots", has won local acclaim, and is now available in hospitals all over the United States. This presentation will give you an appreciation not only for the magnitude ofthe problem of gun violence in this country, but also ideas on how you can be part of the solution. 10/14/1998 11:00 512-917-5231 LIFE LINK III. PAGE 05 ~10 .11 ~12 .13 ~14 ~ Trauma Tactics '98 Course Description How Do All the Pieces of the Puzzle Fit? - Harold Risk, PhD Dr. Risk's program will introduce us to scene investigation, discovery of evidence, and the different elements of a death investigation seen through the eyes of a medical examiner and coroner. His problem solving scenarios will help you to learn problem solving of your own! Monticello School Bus Accident Dennis Hamlet, EMT-P, Judy Zaske, RN, Brian Mahoney, MD, Sru Benson, RN A mass casualty incident leaves us all with the feeling that we have a lot to learn, especially a mass casualty incident involving children. Scene control, incident command, planning and practice are all crucial elements of these very emotional experiences. The lessons learned are ones you won't want to miss. The Worst Way to Die? A Real Near Drowning Experience Scotf DeBoer, RN, MSN, CeRN Management principles, latest research and patient prognosis of near drowning experiences will be evaluated as attendees are walked through the hwnan body's response to progressive hypoxia. "-.- ~~ .- -~ Oral/Facial Injuries/Complex Airway Management - Donald Primley, MD Dr. Primley will discuss several complex airway cases with both basic and advanced airway interventions. Dr. Primley's approach to rapid assessment and ventilatory management will provide you with a systematic approach to airway management. Toxicologic Emergencies - Nathan Schmeichen, MD Take the mystery out of solving toxicologic emergency problems and their treatments as Dr. Schmeichen explores the intriguing lessons learned in dealing with these patient presentations.' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers, City Administrator~ James Bell, Parks and Recreation Director FROM: SUBJECT: School/Conference Request - Minnesota Recreation and Parks Conference DATE: October 19, 1998 INTRODUCTION Attendance at the Minnesota Recreation and Parks Conference held November 4 - 6, 1998 in St. Paul is being planned. DISCUSSION This conference is an annual event for Parks and Recreation Directors and staff. Sessions are scheduled for management, recreation programming and natural resource activities. The Director, Recreation Program Supervisor and Senior Center Coordinator will be attending these sessions. BUDGET IMPACT The adopted 1998 Recreation budget includes funding for this conference. ACTION REOUESTED For information only. Respectfully submitted, ~6~ 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 7~ TO: Mayor, Councilmembers, City Administrator~ FROM: Robin Roland, Finance Director SUBJECT: Acknowledge Receipt - 1993 FEMA Reimbursement DATE: October 19, 1998 INTRODUCTION City Staff has received notice that final payment will be made on the FEMA disaster grant from the 1992 flooding. DISCUSSION In 1993, the City of Farmington applied for and received a FEMA grant for the reimbursement of clean up costs associated with the September 1992 flood. The majority of the funds from this grant were received in 1993 and 1994. To date, the City has received reimbursement of $268,574, This total includes matching State of Minnesota funding, The final payment of $48,073 will be received before the end of November, 1998. This amount represents federal reimbursement of $46,011 and state reimbursement of $2,062. BUDGET IMPACT This reimbursement was not budgeted in 1998 and no outstanding receivables remain from 1993. Review of the audit work papers from 1993, 1994 and 1995 suggest that all funds other than the General Fund have been reimbursed fully. Staff recommends this reimbursement be received into the General Fund and dedicated to the fund balance reserve, as the fund balance was reduced with unreimbursed expenditures in those prior periods. ACTION REQUIRED Acknowledge final reimbursement of the'1993 FEMA disaster grant. Respectfully submitted, ffi /I,' ~ (I / / ~" "',L/. ' ifz/~Jf~v! Robin Roland Finance Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 80- TO: Mayor, Council Members, City Administrator~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: 1998 Seal Coat Project Assessment Hearing DATE: October 19, 1998 INTRODUCTION The City Council scheduled the 1998 Seal Coat project assessment hearing at the September 21, 1998 City Council meeting. DISCUSSION The 1998 Seal Coat project has been completed. Streets in Dakota County Estates 9th Addition, Akin Park Estates 1 st through 4th Additions, Nelsen Hills 3rd Addition, Prairie Creek 3rd Addition and Limerock Ridge and several downtown streets and alleys were sealcoated with this year's project. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost for the 1998 Seal Coat project is $54,678.24. At the May 4th Council meeting, Council directed staff to prepare the assessment roll utilizing an assessment of $55 per buildable lot. The total amount to be assessed to benefiting properties is $18,370. The City's portion of the project cost is $36,308.24 and will be funded through the Road and Bridge fund. ACTION REQUESTED Adopt the attached resolution adopting the assessment roll for the 1998 Seal Coat project. Respectfully Submitted, ?ik >>1~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -98 ADOPTING ASSESSMENT ROLL FOR PROJECT 98-12 Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Civic Center of said City on the 19th day of October, 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 proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Project No. 98-12 DescriDtion Street Seal Coating - Oil and Aggregate Location See attached list of locations NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 1999 and shall bear interest at the rate of 8% per annum from the date of the adoption of this assessment resolution until December 31, 1998. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and s/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of October, 1998. Mayor Attested to the day of ,1998. SEAL City Clerk! Administrator Project 98-12, 1998 Seal Coat Locations Street English Avenue Between 193rd Street to one block north of Epic Court and between Elk River Trail and Upper 183rd Street English A venue and Embers Avenue Englewood Way and Pilot Knob Euclid Path and Essence Trail 185th Street Euclid Path Esquire Way Essence Trail Enhance Court Endeavor Avenue Embry Lane Echo Lane 191 st Street I 92nd Street 193rd Street Encore Court Enchanted Way Enchanted Court Epic Court 4th Street 6th Street Embry Lane and Echo Lane Embry Lane and Echo Lane Future Pilot Knob to east end of road Walnut and Elm Spruce and Elm City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~b TO: Mayor, Council Members City AdministratOfl; Michael Schultz i Associate Planner I FROM: SUBJECT: Petition to Vacate Easement- Lot 1, Block 4, Terra Second Addition DATE: October 19, 1998 INTRODUCTION Todd Prom has filed a petition to vacate the south fifteen (15') feet of a twenty (20') foot drainage/utility and park access easement on his property located at 18259 Euclid Street. (See attached legal description). DISCUSSION It was discovered by City staff that Mr. Prom had inadvertently constructed a deck approximately fourteen (14') within the twenty foot easement area (deck permits are not required if the deck is thirty (30") inches or lower). Staff has confirmed that no utilities are located within the easement area and that the original intent of the easement was for trail access into parkland located behind the property. Park & Recreation is willing to vacate the south fifteen (15') feet of the easement, but would like to maintain the remaining five (5') feet as a utility/trail easement for possible future trail access into the park. Consequently, the need for the twenty foot easement on Mr. Prom's property is unnecessary. Two trail accesses already exist, one at the cul-de-sac of Upper 183rd St. W. (and Everton Ave.) and other at the end of the cul-de-sac at Everton Ave. (see attached map). These accesses are not easements and are considered part of City Park property. Another park access may be added on the east side of the park that will be located along the west side of Euclid Street when that street is constructed to tie in with Endeavor Ave. ACTION REOUESTED Vacate the south fifteen (15') feet of the north twenty (20') foot easement of Lot 1, Block 4, Terra Second Addition, with the City maintaining the rights of a five (5) foot drainage/utility and park access easement. Respectfully Submitted, ~ Michael Schultz Associate Planner City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.c::i.farminiton.mn.us TO: Mike Schultz, Associate Planner FROM: James Bell, Parks and Recreation Director SUBJECT: Vacation of Park Access Easement 'ii',-" DATE: October 15, 1998 After reviewing the homeowners request to vacate a portion of the park access easement, staff understands the limitations the easement puts on the property owner. Therefore staff recommends the park access easement in the Terra Addition be vacated. Staff would request that the remaining utility easement be reclassified as a utility / park access easement. The Parks and Recreation Commission has no plans to place a sidewalk to access the open space at this time. However, it is important that the option remains open to access the open space at future date. Respectfully submitted, --L~~ James Bell Parks and Recreation Director PETITION TO VACATE PoI2TJDl'I fJ F Elue/tAEl..tr We, the undersigned owners of record of upon /<?r15Cf EvCLID .5T/Zee-'r /00 percent of the property abutting located within the City of Farmington, County of Dakota, State of Minnesota, hereby petition the City Council of the City of Farmington, County of Dakota, State of Minnesota, to vacate the Ibm,,^, OF -rife M/}/Nl4fre. UrJi.JT~ t ~K ACcESS , EftSe~T legally described as: LfJ'r1. J3LOCI<;./ OF 'Tc~~A 5eCL>AJD (Jbl>I'T16JJ.. err,! of fi+.un.o.l6TtW. n+e SO'JTIt FIFiecN (ISI) FeeT ~F rife Twe-IJr-/ (zc'J rfJOT DRA''''","be; UTJL.l'r'/ . I PA-A-I!. A-ceess e/tSe)-{eN7 vAMreb . 1. Name - ~ Acr/n , .. Signature /ODD tn, P/.l..a/y\ Print Name Address Date F67,.! )/J 5~1 lo!.zrJ9~ I I 1'K~5q ~vC.LIj) :5T: 2. Signature Print Name 3. Signature Prin~ Name 4, Signature Print Name 5, Signature Print Name 10-08-1998 2:54PM FROM JACOBSON 469 4328 P.2 JACOBSON Engineers · Surveyors 8500 210th Street W. - P.O. Bo'.t 541 Lakevi1le, MN 55044 Phone (612) 469-4328 Fax (612) 4694624 Description for vacating that portion of the existing 20.00 foot wide public drainage and utility easement over, under, across and adjoining the north line of Lot 1, Block 4, TERRA SECOND ADDITION, Dakota County, Minnesota, according to the recorded plat thereof: That part of the 20.00 foot wide public drainage and utility easement lying south of rite north 5.00 feet of said Lot 1, and lying west of the east 10.00 feet of said Lot 1, and lying easterly of the westerly 10.00 feet of said Lot 1. Description prepared for: Mr. Todd Prom Attn: Mike Schultz City of Farmington Description prepared by: Jacobson Engineers & Surveyors Grant D. Jacobson, P.E., P.L.S. P.O. Box 541 Lakeville, MN 55044 612-469-4328 Dated this 8th Day of October, 1998 10-08-1998 2:54PM ~ t~ ~~4~ .. Q.:~ ~ ~~ () ~ ~~ ~ ~~ <t~ FROM JACOBSON 469 4328 P.3 ..... z ;1 II N U 2. , .... . I j..-QI I.LJ Q I I .. a . L_ ... ;;i 01 10 .. , r-d6lror-r!"l r CI) .. . il tn Ii , . I ~ I i t~( ~ I I gJ g w II g ~ ~11i :; I.. I ...J I ...J ~-1 .- -' U-~_I X I CD .. I I --rl I~ ~l L ,_ - --- - -.- ' <( I <.J I I '~-omM '!l n- o I I l;; ~t , .. Ii 0= ...J I 81 ,.' II I mco :1 1;1 1= 81 ~ sl I .... '- 0: D- , I IS ..I l- I i III I I a z ... ;:;. . I VI I .. I.. W .. I L 0il1lOl I.-J l' ~~ II !!.~ I I ~_ rt J. I- i~ ~1 .,1 ,.. II 40j 1 {1 ~ ll~ .. z 2 .... Q o ..'t o Z N I W lU Q Jl\ t.\~\ ~l. ..\0"'-'<1 NCt~. ~;- I'" .... w 0 iIImt= 8~g ..... ..- a" .... .-S - :r; ~ ~~ l ti );;: I ~ .( ~ i j , . I: , .' ; I . ..' Vacation of Park Access Easement Location Map ~ ~ ~ ------- ~~ 183RD ST W ~ - \ \ \ \ -"'"- m ~ x ICi!i:~Park~ ~ Subject Propertw I / I--- r I--- m I I I -< I--- ~ I--- EUCLID WAY ,------ m I--- Trail Acces %'C ( " - I--- ~~ i-f~~ ~ - UPPER 183RD ST W UPPER 183RD ST W ,- \ \ \ \ \ lY: \ LJJ k= Possible Future Trail Access ~ 1 Future Road Alic nment II \ I -r w_ '--- Fmure ~ - j~~~:~~ [ [ -0 C r 0 ~ -l '" - Z \ 0 III ~ ~ ;;0 I-- 'b ICity Par~J ' ' 0 f; ~ \Yt.., ~>~ ~ - , ~ , " ~ ,l--- 1Jl,.>. I2SQUIf?12 w; , ~ ~- f--- '1'..... 1- 4y - ~ r ~}. 0v -[ :S ~\i \ \ Y ~ ~ \ , N W+E S RESOLUTION NO. VACATING THE SOUTH FIFTEEN (15') OF A TWENTY (20') DRAINAGE/UTILITY AND PARK ACCESS EASEMENT WITHIN LOT 1, BLOCK 4 OF TERRA SECOND ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 19th day of October, 1998 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Mr. Todd Prom, located at 18259 Euclid Street has petitioned the City to vacate that portion of the easement as described: That part of the 20.00 foot wide public drainage and utility easement lying south of the north 5,00 feet of said Lot 1, and lying west of the east 10,00 feet of said Lot 1, and lying easterly of the westerly 10.00 feet of said Lot 1, Block 4, Terra Second Addition. ; and WHEREAS, a public hearing was held on the 19th day of October, 1998 after proper published notice, to consider said vacation of the utility easement; and WHEREAS, it is in the best interest of the City to vacate said easement. BE IT FURTHER RESOLVED that the above described public drainage/utility and park access easement is hereby vacated contingent on the City maintaining the north five (5') feet as a standard drainage and utility easement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of October, 1998. Mayor Attested to the 19th day of October, 1998. City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us 106 TO: Mayor, Councilmembers, City Administrator ~ rJ FROM: Lee Smick, Planning Coordinator SUBJECT: Time Extension for Recording of Glenview Townhomes & Commercial Final Plat DATE: October 19, 1998 INTRODUCTION City Code requires that developers record final plats with Dakota County within 75 days of approval by the City Council. Mr. Tim Giles, developer for Glenview Townhomes, is requesting an additional time extension in order to finalize issues with Dakota County. DISCUSSION Mr. Giles is requesting a time extension to record the Glenview Townhomes & Commercial Final Plat that was approved by the City Council on August 17, 1998. Based on a telephone conversation with Mr. Giles on October 13th, he would like to provide adequate time for Dakota County to review the final plat. Therefore, he is requesting an extension for recording the final plat to January 29, 1999. A formal request is attached for Council review. Per the City's recently approved Development Approval Policy, a request for a time extension may be granted once by the City Council during the platting process. The City Attorney has reviewed and approved the request. ACTION REOUIRED Approve the time extension for recording the Glenview Townhomes & Commercial Final Plat until January 29, 1999. Respectfully submitted, &!:N~ Planning Coordinator 10/14/1998 10:45 5128081315 TC CONSTRUCTION INC PAGE 02 . ,', .., .1CCONStRtJCi1oNiJNC... ,'~ ", ,n , " "Committneni'to Exc~llen'ce'''~: ' October 14~ 1998 To: The City of Farmington From: lim Giles, ' " Re: Glenview Townhomes, LLP' ,'. . '. To Whom It May Concern: , ' , This letter is to request that the plat extension filing for Glenview Townhomes, LLP be ' , , lxtended until January 29,1999. ' ' . " ': , ' " .." , Sincerely, .~' Tim Giles, Partner Glenview Townhomes, LLP . , City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOG TO: Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director FROM: SUBJECT: Accept Petition Requesting Bike Jump Park DATE: October 19, 1998 INTRODUCTION Staff has received a petition addressed to the Council requesting a bike jump park. DISCUSSION A number of students have submitted a petition addressed to the City Council requesting a bike jump park. The students are requesting this because they had built a bike jump park on a vacant lot in the Nelson Hills Farm Subdivision and when the developer discovered the bike jump, it was leveled by the developer for liability reasons. Staff received numerous complaints from the neighborhood residents regarding the dismantling of the bike jump park and requested City intervention in the dismantling of the bike jump park. Staff indicated to these residents that the City could not intervene in a matter on private property. The Parks and Recreation Commission was advised of the petition regarding a bike jump park at their regular meeting on October 7, 1998. The commission will consider this request at future planning sessions. ACTION REOUESTED Council accept the petition from the local students requesting a bike jump park and forward it to the Parks and Recreation Commission for further review. Respectfully submitted, ~b~ James Bell Parks and Recreation Director THIS IS A PETITION TO THE FARMINGTON CITY COUNCIL TO BUILD A BIKE JUMP PARK. THE REASONS WHY WE WANT A BIKE PARK IS: - IT KEEPS KIDS OUT OF TROUBLE. _ IT'S A PLACE WHERE KIDS CAN HANG OUT AND HA VB FUN AT THE SAME TIME. I J ~/I/: ~\lN~ '{;("'{\~ 1J~ fdfa1l3 JJ u-1'1 (}~ , /j' .. () ~"r- ;'" .- ~/}1 ~' IJ~ fj}ffih p~ ~OJ}J\f\ firM (~ c;Jt-U11 .~ ~J' rf -f\Y\rJ-~ }JCC\\dl~f) ~I ~V\ ~ , ~k~ ~f~ f1;hy ~ 1-~~~~ ~ St. v :f:J~';' v( {II or r'. =<1 (sJ7-f f!. ~;;; <~~~ )j(M f) J.~ e(o-' L fJ lluA 1f(;/}f ~ /f1u~~ I ~ ~. ' ~~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /ocl Date: October 7, 1998 To: Mayor and Council Administrator and Staff From: Bill Fitch As I woke up in the middle of the night last night and could not get back to sleep, there was time to reflect on my job, the council commitment, personal integrity and happiness. This morning when I was ready to order my signs for re-election I came to a conclusion. It would be in the best interest of the city and council for me to complete my current term and not accept my seat if I am reelected. I have been informed that technically I cannot withdraw according to state law. The question that most people will be asking and justifiably so is "why now?" . Over the last several weeks, the Council has been dealing with a development that I firmly believe has been addressed properly, and maintains the separation of church and state. We, as Council, have been asked to consider granting what I feel is nothing more than a "gift" to a private development. The legal and administrative research clearly shows that such an act would be inappropriate, problematic and would be inconsistent with Council policy. Council approached this issue fairly, professionally and with an outcome that was reasonable, justifiable and what, I feel, the community would expect from its elected officials. I am truly disappointed that this situation continues to paint this Council as being unfair, and that certain individuals representing the development feel it is appropriate to act inappropriately to serve their own narrow ends. In my mind, this type of behavior is never acceptable, is reprehensible and demonstrates to me that no matter what we do, it will never be enough for some groups or individuals. This is a symbol of a growing problem for the public sector where citizens want their taxes reduced and want the government to be efficient. However, they want the other person to support and pay for their individual cause. The people say they want a common sense fair government not politically motivated. In reality they use their political muscle to reach their own goals and desires. When people cannot get their way the city is made the scapegoat for their problem. We have seen this scenario many times before and I believe we have made fair and consistent decisions anyway. Integrity is the cornerstone of a good policymaker, and I am confident that we have always made the right decision not the politically correct decision. Paul Harvey' s quotation comes to mind" self government without self discipline will not work" This has brought several questions to mind. Is this job worth personal happiness? What else could I be doing to bring the same results? Is it worth sacrificing personal integrity to be politically correct? Do I really need the stress and problems associated with this undertaking? It' s a situation with which I no longer care to deal with after my current term. If my heart is not in the right place I would no longer serve the people properly over the next four years. Thank you for taking the time to read this and I hope that you will understand my thought process. I look forward to your support of my decision. Respectfully, 6~ .2'/e-L Bill Fitch Councilmember City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us IOe, TO: Mayor and Councilmembers City Administrator~ FROM: David L. Olson Community Development Director SUBJECT: Notice of Intent / Annexation of Seed Family Trust Properties DATE: October 19, 1998 INTRODUCTION The City has received the attached letter from the Genstar Land Company Midwest indicating that it is the desire of the Seed Family and Astra Genstar Partnership, L.L.P to annex the 900+ acres they control in Empire Township. DISCUSSION The attached map identifies the limits of the Seed Property proposed for annexation into the City of Farmington. The Seed Family in partnership with Genstar Land Company propose to begin the process of annexing this property in increments of 60 acres as provided for under Minnesota Statutes. It is their stated intent to develop this property in a manner consistent with Metropolitan Council policies. Representatives of Genstar have been informed that it will be a number of years (approximately 5-7) before the City will be in a position to petition for additional MUSA from the Metropolitan Council. Development of this property will also be contingent on the capacity issues being resolved at the Empire Treatment Plant. ACTION REQUESTED Acknowledge receipt of the letter of intent from Genstar Land Company and Seed Family to annex their property into the City of Farmington. Respectfully submitted,_ ~~ David L. Olson Community Development Director GENSTAR Genstar Land Company Midwest 11000 West 78th Street Suite 201 Eden Prairie. MN 55344 Tel: (612) 942-7844 Fax: (612) 942-8075 October 14, 1998 Mayor and City Council 325 Oak street City of Farmington Farmington, Minnesota 55024 Re: Annexation Petition for 59 +/- acres in Empire Township Dear Mayor and City Council; Attached please find the above stated annexation petition. It is the desire of the Seed Family to process the petition as quickly as possible. Astra Genstar Partnership, L.L.P. was formed to develop the Seed Family land holdings throughout the Twin cities Metropolitan Area. In developing the property, it is the position of the Partnership and the City Family to do so consistent with Metropolitan Council policies. Further, it is our opinion that Metropolitan growth should occur in cities. Thank you for your attention to the attached petition. If you have any questions, please contact me. sincerely, Genstar Land Company Midwest C3~' steven P. Juetten Development Manager attachment cc: Mr. James Seed Location Map of the Seed Family Trust/Genstar Land Co. Properties { ~ " City 01 L.u.:eviUc: \\ \\ \ \ \\ II \\ \\ D Empire Township ~ Genstar Company Land Holdings ,"'5: City Bounda~ L-J City of Fannmgton N W+E s 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 Councilmembers City Administrator ~ . \~' -). ~ FROM: David L. Qlson Community DevelopmeiifDirector SUBJECT: Annexation Petition - Seed Family Trust Properties DATE: October 19, 1998 INTRODUCTION The City has received the attached annexation petition from the Seed Family for 59 acres located in Empire Township adjacent to the City as identified on the attached map. DISCUSSION The attached annexation petition can be processed as an annexation by ordinance. This process requires that a public hearing be held by the City Council and that a 30 day notice be provided. If it is the desire of the Council to proceed with processing of this annexation petition, a hearing will be scheduled for Monday, December 7, 1998. It is also recommended that this petition be reviewed by the Planning Commission prior to th~ City Council hearing. ACTION REOUESTED Acknowledge receipt of the annexation petition and schedule a public hearing for Monday, December 7, 1998. cc: Steve Juetten, Genstar Land Company c, ;10-14-38 ; 2:11PM; GENSTAR MIDWEST4 City of Farmington 325 Oak Street, Farmington, MN 55024- (651) 463-7111 Fax (651) 463-2591 www.ci.farJ11ineton.mn.us 612 4632531;# 21 3 GraCe M. Seed, John C. Seed and James M. Seed as In the Matter of the Petition byr.....11 cd"Ele~ nf t- hE' mi'lr; t-;::! 1 t-T11St- rTP-",t-pn llnnpr that certain agreem~nt dated March 23. 1979. as amended, with Fred M. ,Seed as Property Owner(s) for annexation ofland to the City of Fannington pursuant to Minnesota donor. Statutes No. 414.01 Et.Seq. To: The City Council of the City of Farmington, Minnesota Copies to; Minnesota Municipal Board 165 Metro Square St. Paul, MN 55101 Dakota County Board of Commissioners 1590 West Highway 55 Hastings, MN 55033 Town Board of Empire Township By signature hereunder. petitioner(s) aff'mn that he/she (they) is (are): x the sole property owner(s) of the area proposed for annexation; or _ all of the property owners of the area proposed for annexation; or a majority of the property owners of the area proposed for annexation. It is hereby requested that the City ofFannington annex the property herein described and now located in a~ EmP-!:!,~_.,!~~,l}_ship ,Dakota County, Minnesota: (Provide the legal description of the property, parcels of property of area proposed for annexation; provide artaclunents containing the legal description if it is too long for inclusion in this space. The area of th~ property proposed for annexation: (Note: The size of the property will determine the manner and timing of the process for considering this Petition.) Less than 40 acres x More than 40 acres but less than 60 acreS Less than 200 acres More than 200 acres ,; I :\PLANNINO\Annexation\AnnexPetitionForm.doc SENT. BY:GENSTAR MIDWEST ;10-14-98 2:12PM GENSTAR MIDWEST~ 612 4632591;# 3/ 3 ~ As to the property proposed for annexation, annexation is sought because the property is: Owned by the City of Farmington 1. Completely sUITOund by land within the Farmington City limits. Abutting the City of Fannington on the N S W@circleone) boundary. 2. 3. x Not now served by public sewer facilities and public sewer facilities are not otherwise available. 4, After August 1, 1995, it has been approved by preliminary or final plat for residential development lots averaging 21,180 square feet or less in area and is land within two miles of the boundary of the City of Farmington (applicable only if all property owners join the petition). 5. 6. Not abutting the City of Farmington, but is within an existing orderly annexation area and all property owners join in the petition. 40 acres in size or less and at least sixty percent (60%) of the property abuts the City of Fanning ton. 7. 8. ,~ ... , The property is not located within an area presently under consideration by the City of Farmington or the Municipal Board for boundary adjustment. Note: Before your property can be aimexed, Minnesota Law requires that a public hearing be held preceded by at least 30 days written notice by certified mail to the Town or Towns in which the property is located and to aU landowners within and contiguous to the area proposed for annexation, The costs incurred by the City in identifying the persons to whom this notice is to be mailed and the mailing list itself will be charged to l.he petitioners and must be paid before the mailing goes out. Dated: ~) c. ..J. (5; be/" /"9- ,19 98 Signature(s) of Petitioner(s) John C. seed ~--~~ ~.~JI';( James M. Seed , I :\PLANNIN G\Annexati on\A nnexPetitionF orm.doc Location Map of the Seed Family Trust/Genstar Land Co. Properties \'in: <)( 1..J,;~nilc ttB ---, I o , , \ \ \ \\ ~\ II \\ \\ o Empire Township ~ Genstar Company Land Holdings .(V'; City Boundary City of Fannington m Ae.~1I T~ Be A~NE;(.O N W+E s TO: FROM: SUBJECT: DATE: City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us Mayor and Council Members, City Adminstrator f?C: . Lee Smick, AICP f' ~ D Planning CoordinatY nNFORMATiON I ~ COpy ONLY l. Future Land Use Plan Neighborhood Meetings October 19, 1998 INTRODUCTIONIDISCUSSION The attached map illustrates the locations, dates and times of the neighborhood meetings to be held on October 21,22 and 26th to review the City of Farmington's Future Land Use Plan. This draft plan is part of the Comprehensive Plan Update and will allow residents, business owners and interested parties of the community to ask questions and give comments concerning the proposed plan. The Future Land Use Plan will illustrate where the present and future residential, commercial, industrial and agricultural land uses will reside in the City. The Plan will be displayed at three neighborhood meetings throughout the City, including the northern, southern and rural sections of the City. City staff and the City's Consultant will be at the meeting to explain the Plan and answer any questions. The neighborhood meetings will be held at the following sites: Northern Section Who? When? Where? Southern Section Who? When? Where? Residents and business owners residing north of 195th Street and residents living along Akin Road. October 21, 1998 at 7:00 PM Akin Road Elementary School Library, 5231 195th Street Residents and business owners residing in Downtown Farmington, East Farmington, Riverside Estates and the Industrial Park. October 22, 1998 at 7:00 PM Farmington Public Library, 508 3rd Street Rural Section Who? Residents and business owners residing in the western agricultural part of the City. October 26, 1998 at 7:00 PM Christian Life Church of the Assemblies of God, 6300 West 212th Street When? Where? If you have any questions concerning the neighborhood meetings, please call me at 463-1820. Thank you for your participation thus far in the Comprehensive Planning Process and we hope to see you at a neighborhood meeting. ACTION REOUESTED Information only. Respectfully submitted, J:~ Planning Coordinator Farmington Residents and Business Owners!! A Draft of the Future Land Use Plan is ready for your review at three neighborhood meetings throughout the City. The Mayor, City Councilmembers and the City Planning Commission INVITE YOU TO THREE NEIGHBORHOOD MEETINGS TO BE HELD IN YOUR SECTION OF THE CITY Northern Section ESS3 Who? Residents and business owners residing north of 195th Street including the Pine Knoll neighborhood, When? October 21,1998 at 7:00 P,M, Where? Akin Road Elementary School Library, 5231 195th Street Southern Section ~ Who? Residents and business owners residing in Downtown Farmington, East Farmington, Riverside Estates and the Industrial Park. When? October 22, 1998 at 7:00 P,M, Where? Farmington Public Library, 508 3rd Street Rural Section ~ Who? Residents and business owners residing in the westem agricuhural part of the City, When? October 26, 1998 at 7:00 P,M, Where? Christian Life Church ofthe Assemblies of God, 6300 West 212th Street, Legend ^'/ City Boundary ~elghborhood Districts t2ZI Rural Section ~ Northern Section t2ZI Southern Section N W+E ;...; /, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Special Meeting - Canvassing Board DATE: October 19, 1998 It is requested that Council set a special meeting for Wednesday, November 4, 1998,5:00 p.m. to sit as the Canvassing Board to accept the results of the 1998 Local Election. Respectfully submitted, ~if~ Karen Finstuen Administrative Services Manager