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HomeMy WebLinkAbout08.03.98 Council Packet . COUNCIL MEETING REGULAR August], 19?~ '.' .", 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) Proclamation Declaring the Importance of Arts in the Community 6. CITIZEN COMMENTS (Open for Audience Comments) a) Cheryl Retterath - Erosion Control b) Arts in the Area Response - Outcomes 7. CONSENT AGENDA a) Approve Council Minutes 7/20/98 (Regular) b) Adopt Resolution - Northern Natural Gas Easement c) Adopt Resolution - Awarding Recycling Contract d) Appointment Recommendation - Police Officer e) Capital Outlay - Fire Department f) Fire Relief Association Pension Request for 1999 g) Approve Bills 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - St. Michaels Church Comprehensive Plan Amendment b) Adopt Ordinance - St. Michaels Church Rezoning _ c) Adopt Resolution - Robert Adelman Comprehensive Plan Amendme.nt d) Adopt Ordinance - Robert Adelman Rezoning e) Adopt Resolution - Glenview Townhomes Final Plat f) Proposed 1999 City Budget - Distribution g) Dakota County Environmental Testing Report Presentation 11. UNFINISHED BUSINESS a) Draft Train Whistle Ordinance b) Consideration of Non-exclusive Natural Gas Utility Franchise Ordinance c) Set Joint Council/Planning Commission Workshop Date d) Ash StreetlPrairie Waterway III Project Committee - Update Action Taken . . .. 14. ADJOURN 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Storm Water Drainage Issue East Farmington b) Hiekory Street Update c) Sunnyside Lift Station - Pumping Operations City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 5Cb ... '. TO: Mayor, Councilmembers, City Administrator ~ FROM: Karen Finstuen, Administrative Service Manager SUBJECT: Proclamation - Farmington Area Arts Network DATE: August 3, 1998 INTRODUCTIONIDISCUSSION Representatives from Farmington Area Arts Network, F AAN, requested a proclamation supporting the Arts. A copy of which is attached for your approval. BUDGET IMPACT None. ACTION REQUIRED Adopt the proposed proclamation. Respectfully submitted, cPL-01\ f}~ Karen Finstuen Administrative Service Manager City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ctJarmington.mn.us ./ 6CL TO: Mayor, Council Members, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Cheryl Retterath - Erosion control DATE: August 3, 1998 INTRODUCTION At the July 20th Council meeting, Ms. Cheryl Retterath indicated to Council that she had several drainage and erosion control issues in her development that she wanted addressed. DISCUSSION Staff has met with Ms. Retterath and her concerns have been noted. Staff will be meeting with the Developer of Troyhills on the issues and will meet again with Ms. Retterath to inform her of the schedule for the resolution of the issues. BUDGET IMPACT None. ACTION REQUESTED For Council information. Respectfully Submitted, ~fr;~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Cheryl Retterath City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us b~ TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Service Manager SUBJECT: Arts in the Area DATE: August 3, 1998 INTRODUCTION Representatives of Farmington Area Arts Network (F AAN) requested support from the City of Farmington at the July 20, 1998 Council meeting. DISCUSSION Staff met with representatives ofFAAN which includes the Childrens Castle Theater, Dakota Valley Arts Council, Farmington Chorale and Farmington Friends of the Library to review the following requests: . Proclaim that the arts groups are an attractive and attracting asset of the community - A proposed proclamation is part of agenda item 5(a). . Permit the four arts groups free use of City buildings - The request is for use of facilities for monthly meetings and planned special events which are currently being facilitated by the City and will continue to be. . Permit the use of event banners by the 4 arts groups over selected streets - Staff informed F AAN of problems that occurred in the past by placing a banner over Third Street resulting in damage to the connecting buildings. It was determined and recommended that F AAN purchase banners highlighting their events and that the City install them on street light standards in the downtown. . Permit the use of the City owned billboard at the corner of Spruce and Denmark - Permission was granted and other forms of signage were discussed. Possibilities for resolution of those needs will be researched by F AAN and brought back for approval by the City. .+ " . Include notice of arts events in City newsletter - An article will be higWighted in the Public Service Announcements portion of the City's bi-monthly newsletter. . Include more arts (visuals and sculptures) in and on City property - Discussions ensued on items that FAAN would be willing to fund and donate for public property. . Encourage and nurture collaboration with Parks and Recreation - Parks and Recreation and Administration staff will meet monthly or quarterly or as needed, to discuss on-going projects and promote communication within the community. BUDGET IMPACT None. ACTION REQUIRED None, this is for your information only. Respectfully submitted, ~~~~ Karen Finstuen Administrative Service Manager I- Suggested Support from the City of Farmington For the Farmington Area Arts Network July 20, 1998 o Proclaim that the arts groups are an attractive and attracting asset of the community ----- o Develop a policy that permits the four arts groups free use of city buildings ~ o Develop a policy to permit the use of event banners by the 4 arts groups over selected city streets / o Permit the arts groups to use the city owned billboard at the corner of Spruce and Denmark to announce their events o Include notice of arts events in the city newsletter o Include more of the arts (visuals and sculptures) in and on city property o Encourage and nurture collaboration of the arts groups with Parks and Recreation Members of the arts network: Childrens Castle Theater Dakota Valley Arts Council Farmington Chorale Friends of the Library - Farmington Area (CAAP, pending approval by ISD 192) COUNCIL MINUTES REGULAR July 20, 1998 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Fitch, Gamer, Strachan None City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE AGENDA MOTION by Gamer, second by Fitch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS Arts in the Area - Farmington Area Arts Network (FAAN) consists of the Dakota Valley Arts Council, Farmington Friends of the Library, Farmington Chorale, and the Childrens Castle Theatre. They would like to encourage communications of events to foster arts in the community and increase attendance and awareness. Farmington is different from other cities because we have more businesses related to the arts. Benefits of the arts are: The arts bring visitors to the city / Attract home buyers / Serve as a resource for schools / Arts events are held locally. They need ideas on how to inform the public. They are requesting support from the City Council which will be addressed at the next Council meeting. 6. CITIZEN COMMENTS Ms. Dolly Newberg, 5680 W. 193rd Street, had several further questions on the sewer backup situation. 1) What time does the City turn over responsibility for the lift station to TransAlarm? Staff responded that TransAlarm is always connected. If the alarm is not shut off within a certain amount of time, TransAlarm is connected to a pager, so the pager calls TransAlarm. Ms. Newberg stated she was told by three sources the alarm goes off when the electricity goes off. Is this true? Staff will respond. 2) When the high water alarm goes off, how much time is given for the lift station to operate? Staff stated this matter is pending litigation and will respond in writing. 3) Ms. Newberg requested the City post emergency numbers in the phone book. 4) Response to citizen comments was reeeived in the mail on Friday afternoon. Can it be mailed one day earlier? Staff responded that citizen comments can be picked up at City Hall on Thursday afternoon. 5) Is supervisor in charge of lift station certified? Staff responded Tom Hemish is certified. 6) When did Mr. Hoyer from Apple Valley start working for Farmington? 7) Would like a copy of the eontract between MPCA and Mr. Hoyer. 8) Would like a copy of the emergency plan and procedures followed. 9) Requested Public Works go through drills. 10) What is the sequence followed when checking lift stations? 11) What inflow area was capped off? Staff requested Ms. Newburg to put her questions in writing and the City will forward to the insurance company. As the insurance company is dealing with her attorney, there will be no more conversations at the Council Meetings. Council Minutes (Regular) July 20, 1998 Page 2 Cheryl Retterath, 19232 Evenston Drive (Troy Hills 2nd Addition), has a problem with erosion at the pond. The developer and engineer (Jerry Auge) have been out there. The comer lot is being saved for a City well. According to Ms. Retterath, it needs to be sodded as erosion is washing into the pond. The developer cleaned out the pond 2-3 months ago, it is already full. When will the City respond before more damage is done? She has a picture showing water flow and depth. Staff will meet with her in the next few days. 7. CONSENT AGENDA MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows: a) Approved Council Minutes 7/6/98 (Regular) and 7/7/98 (Special) b) Adopted RESOLUTION R64-98 accepting donations for the Senior Center c) Approved capital outlay request for Public Works to purchase a replacement pick-up truck d) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS - None. 9. AWARD OF CONTRACT a) Adopt Resolution - 2nd Street Parking Lot Award It is recommended that the City provide engineering, legal and administrative costs to the project, without reimbursement, in order to lower the costs to the Road and Bridge Fund and the HRA Special Revenue Fund. Project should be completed by end of September. MOTION by Fitch, second by Gamer to adopt RESOLUTION R65-98 accepting the base bid of Bituminous Roadways Inc. in the amount of $214,471. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Prairie Creek East EA W Declaration The EA W serves primarily to aid in the determination of whether an Environmental Impact Statement (EIS) is needed for a proposed project; and serves as a basis to begin the scoping process for an EIS. The EA W review is triggered because of the 250 or more unattached units within the Prairie Creek East PUD. Three types of decisions could be made concerning the EA W: 1) Make a positive declaration, requiring an EIS for the project; 2) Postpone the decision because of lack of information; 3) Or make a negative declaration, stating that the project does not have a potential significant environmental effect that warrants the preparation of an EIS. The proposer revised the original EA W in June to meet the requests of the reviewing agencies. Additional comments have been received from the reviewing agencies concerning the revised EA W, however, these comments relate to stormwater and floodplain issues and do not involve the EA W Decision of Need. The stormwater and floodplain issues along with other engineering comments will be dealt with at the platting and permitting stages. Based on the EA W, the response to comments and the Findings of Fact, the Record of Decision concludes that an EIS is not required. This does not deal with stormwater - engineering issues need to be worked out. A Certificate of Wetland Replacement and application have been sent out for comment to the DNR. Waiting for a permit from the U.S. Army Corps of Engineers. Plan includes areas for wetland replacement. Storm water will have adequate replacement - 2 to 1, including four acres of stormwater ponding. City needs to look at engineering calculations for stormwater ponds. Schematic Plan on hold pending approval. MOTION by , ' Council Minutes (Regular) July 20, 1998 Page 3 Gamer, second by Cordes to adopt RESOLUTION R66-98 to approve the Response to Comments, Findings of Fact and Record of Decision for the Prairie Creek East PUD. APIF, MOTION CARRIED. b) Adopt Resolution - Authorizing Feasibility Report for Glenview Townhome Frontage Road The Mayor stepped down from his seat at the Council table. Staff requested Council authorization to prepare a feasibility report for frontage road improvements along the East side of Trunk Highway 3 between Co. Road 72 and Willow Street. Staff recommended that the plat approval be contingent on the frontage road improvements being constructed in 1999. The improvements to the frontage road will benefit MnDOT and the Trunk Highway as well as the adjacent property owners. The Developer of Glenview Townhomes has agreed to participate in his proportionate share of the costs of the improvements. It was recommended that the project costs not funded by MnDOT be assessed to the remaining benefiting property owners. The decision point for funding is when the project is ordered. By requesting a Feasibility Report, Council is indicating support for funding as presented. Council is not in favor of government use of imminent domain. The Council would like to see the Developer work this out with Staff. The City will not financially participate in this project. Council is not making a decision on assessment at this time. If City funding is not available, it goes back to the Developer. MnDOT has not put the project on the schedule yet. MOTION by Fitch, second by Cordes to adopt RESOLUTION R67-98 ordering a Feasibility Report for State Trunk Highway 3 frontage road improvements. Voting for: Cordes, Gamer, Fitch, Strachan, MOTION CARRIED. c) Prairie Creek Development - Citizen Petition Keith Sperbeck, 18821 Embers Avenue, (Prairie Creek 3rd Addition), petitioned for a storm water feasibility study. According to the residents, there is not adequate water flow through the area. Staff stated Progress Land regraded area last year. Sod work and silt fence were installed, however there is a large slope off the lots. City will look at other options for drainage in feasibility report. The problem is the volume of water and the minimal grade. Water comes to the patio door at one residence. Staff stated silt coming into swale is a punch list item. Changing the storm water pipe is not on the punch list. According to Staff, if there are additional fees in performing a feasibility study within Prairie Creek, the City should not have to pick up the costs, as these projects are still active. The City needs time to review issues, but decision ultimately comes back to Council. City will respond at the August 17 meeting. d) Establish Council Workshop Date -1999 Proposed Budget MOTION by Cordes, second by Gamer to set a Workshop date for August 19, 1998,6:30 p.m. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a-d) Development Issues - Council will set a Workshop date to discuss issues. Council can review documents regarding Progress Land Company Letter of Credit. Staff has done an excellent job in communicating with Progress Land Company. Council asked if pulling a Letter of Credit is heavily publicized. Staff responded they try to minimize issue so as not to embarrass the developer. . . Council Minutes (Regular) July 20, 1998 Page 4 e) Downtown Streets cape - The downtown area is a unique situation. City should look at a paver type situation to keep with an historical style. Council would like a 4-5 year plan for installing amenities. Cost is a factor and the downtown area needs to participate. Council authorized a feasibility report. If accepted, a meeting needs to be set to discuss and decide whether to order project. Following options were chosen by Council: Base Option, Option E - Concrete with Pavers, Option F - Pavers. 12. NEW BUSINESS a) Water Shut-Off Policy Council approved the Water Board's revised policy of certifying delinquent utilities to the property taxes. This will be effective August 1, 1998, and includes all services. The landlord will be notified for rental properties. b) Ash Street ReconstructionlPrairie Waterway III - Committee Appointment Council representatives will be Councilmembers Cordes and Gamer. Fitch declined to serve. Staff will attend as necessary. Township is requesting that Staff not actively participate. Mr. Wichterman suggests an alternate. Citizen representatives will be Darlene Grabowski, with Mr. Thelen, Mr. Tobias, and Mr. Thurmes as alternates. Staffwill contact. MOTION by Fitch, second by Strachan to appoint Councilmembers Cordes and Gamer as Council representatives, Grabowski, Thurmes, Tobias, or Thelen as resident representatives. Voting for: Ristow, Fitch, Strachan. Abstaining: Cordes and Gamer. MOTION by Fitch, second by Gamer to appoint Strachan as an alternate. Voting for: Ristow, Cordes, Fitch, Gamer. Abstaining: Strachan. MOTION CARRIED. c) Ash Street Reconstruction/Prairie Waterway III - Draft City Principles - Information was received by Council. Council agreed with draft principles as presented. d) Sanitary Sewer System - Alternate Power Plan Recent storms have been causing difficulty with a particular lift station. A generator would not have helped the situation, as response time is still needed. Staff indicated the costs for renting a back-up generator for Fairhills lift station would be $1800/month. Council wants to hold offuntil cost is received for eliminating the station. Council stated if we have a back-up for one station, we need a back-up for all stations. Table until cost on change order to Middle Creek Sewer Project is prepared. 13. COUNCIL ROUNDTABLE a) St. Paul Train Whistles - City Attorney Jamnik will draft an ordinance regarding blowing train whistles from 11 p.m. - 7 a.m. b) Hickory Street Storm Water Update - A pothole in the street under standing water needs to be repaired. c) Acceptance of Private Development Project This will be discussed after Budget Workshop on August 19, 1998 at approximately 8:00 p.m. For now, carry on as usual. . . .. , Council Minutes (Regular) July 20, 1998 Page 5 Councilmember Cordes - Received a request for a water spigot at Rambling River Park. Cost to make water available would be $20-30,000. Council rejected the idea. Marilyn Weinhold - Thank you from Chamber for support. Councilmember Fitch - Buy fans on stands for Council Chambers. He and the Mayor attended a Planning Commission meeting last week. Need to set up a series of meetings with Planning Commission and Council to address issues regarding water, etc. Dates will be set at next meeting. Possibly late August, early September. Lee Mann - City typically pumps 800,000 - 1,000,000 gallons of water a day. Six million gallons were pumped the weekend of July 11-12, 1998, and 2.3 million gallons ~e following Monday and Tuesday. Jim Bell - Received preliminary approval of a $50,000 grant for trails. Chamber helped by writing letters of need. 14. ADJOURN MOTION by Fitch, second by Gamer to adjourn at 10:35 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~?r?~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us l~ ,. FROM: Mayor, Councilmembers, and City Administrator~ JoelJ.Jamnik City Attorney TO: RE: Northern Natural Gas (Enron Easement) DATE: August 3,1998 INTRODUCTION At its June 15, 1998 meeting, the City Council authorized the Director of Public Works and the City Attorney to draft the necessary agreements granting Northern Natural Gas an easement to construct a meter station on City owned property. The Council's motion specified that the documents were to be brought back to the Council for approval at a future meeting. DISCUSSION Issues regarding the placement of the meter station so as to not prohibit the future construction of a well on the site, the design of the meter station to be architecturally compatible with the surrounding homes, and the compensation for the easement have been resolved. The station location and design has been approved by City staff and Enron has agreed to grant the City an easement for the construction of a sanitary trunk sewer line along its property at CSAH 50 and 31. BUDGET IMPACT None. ACTION REQUESTED Pass a motion authorizing the Mayor and City Administrator to execute the easement with Enron. Respectfully submitted, CAMPBELL KNUTSON Professional Association BY:~ C/ J . amnik e--J City Attorney -1- Project: Line No.: Tract No.: CN7228 MNB75601 MNB75601-3 REGULATING AND MEASURING STATION EASEMENT THIS AGREEMENT made this day of , 1998, by and between CITY OF FARMINGTON, a Minnesota municipal corporation, hereinafter referred to as "Grantor", and NORTHERN NATURAL GAS COMPANY, a Delaware corporation, hereinafter referred to as "Grantee". WITNESSETH: The Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey to the Grantee, its successors and assigns, forever, a permanent easement for a regulating and measuring station, and appurtenances thereto (including without limitation cathodic protection equipment) over, across, on, under, and through land situated within the County of Dakota, State of Minnesota, as described on the attached Exhibit "A". INCLUDING the rights of the Grantee, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, maintain, operate, replace, and remove said regulating and measuring station over, across, on, under, and through the permanent easement premises. It is agreed that the regulators, meters, valves, buildings, fencing, and appurtenances thereto to be constructed upon the above-described lands shall not become affixed to the realty in the sense of permanent fixtures forming part of the freehold, but that they shall remain personal property, with the right of removal by the Grantee as herein provided. 64585 -, The above named Grantor, for itself, its successors and assigns does covenant with the Grantee, its successors and assigns, that it is well seized in fee title of the above described permanent easement premises and that it has the sole right to grant and convey the easement to the Grantee. IN TESTIMONY WHEREOF, the Grantor hereto has signed this Agreement the day and year first above written. CITY OF FARMINGTON BY: Gerald Ristow, Mayor (SEAL) AND John F. Erar, City Administrator STATE OF MINNESOTA ) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 19_ by Gerald Ristow, Mayor, and by John F. Erar, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 64585 -2- --.- . . . EXlllBIT A THE SOUTH FIFfY (50') FEET OF THE EAST FIFfY (50') FEET OF THE WEST ONE HUNDRED FORTY FIVE (145') FEET OF OUlLOT A, NELSEN HILLS FARM SUBDIVISION, AS RECORDED ON DECEMBER 11, 1992, IN BOOK 23 PAGE 37, PUBLIC RECORDS OF DAKOTA COUNTY, MINNESOTA. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c TO: Mayor, Councilmembers and City Administrato1f-- FROM: James Bell, Parks & Recreation Director SUBJECT: Award Residential and Commercial Recycling Agreement with Dick'sILakeville Sanitation DATE: August 3, 1998 INTRODUCTION The City initially received Request for Proposals for Residential and Commercial Recycling services in May of 1995. The three-year contract began October 1, 1995 and expires September 30, 1998. DISCUSSION The City of Farmington received Proposals for recycling services on June 18, and four proposals were received. Included in the proposals were special pickups (curbside and using dumpsters), curbside yard waste pickups (seasonal and per bag) and Christmas tree pickups (annually). Upon review of the documents, Dick'sILakeville Sanitation's proposal appears the most favorable to the City. A summary of the proposals is attached. BUDGET IMPACT The recycling program is providing the residents and commercial customers with a cost-effective service. Recycling costs are included in the City's existing rate structure. RECOMMENDATION Award the contract to Dick's/Lakeville Sanitation for the residential and commercial recycling. Respectfully Submitted, -L- b.JJ.JL James Bell Parks & Recreation Director Proposed RESOLUTION NO. R-98 AWARD RESIDENTIAL AND COMMERCIAL CONTRACT TO DICK'SILAKEVILLE SANITATION 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 3rd day of August, 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 an advertisement for bids for Residential and Commercial Recycling, proposals were received, opened and tabulated according to law, and the following proposals were received complying with the advertisement: Contractor 3 Year Estimated Total Dick'sILakeville Sanitation, Inc. ............. ............. ....$77,326.50 Waste Management. ............. ........................ ....... ..... .$85,783.50 Mendota Heights Rubbish.......................................$112, 127.40 BFI -Action Disposal Systems........ ......... ................ not complete ;and WHEREAS, it appears Dick'sILakeville Sanitation, Inc. is the lowest responsible proposer. NOW THEREFORE, BE IT RESOLVED that: 1. 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EI co t) 1 vi .; ~~ o " llO: ::: :; " ~>< ~ .... ~ "., "., ~~ !l cf "3 S '" l1!' .s o o iXi j :c .. co ~ j ~l ~i ~ I:l ] ~ ii !] "'~ CIO ~ ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 1d TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Appointment Recommendation - Police Officer DATE: August 3, 1998 INTRODUCTION The recruitment and selection process for the appointment of a full-time Police Officer to fill the new budgeted position in the Police Department, Patrol Division has been completed. DISCUSSION After a thorough and comprehensive review of applicants for this position by the Police Department and Human Resources Office, an offer of employment has been made to Mr. Gary Deutschle, subject to ratification by the City Council. Mr. Deutschle has worked as volunteer reserve police officer for the City of Winona Police Department, and is currently working for the Federal Protective Service as a contract guard at Fort Snelling. Mr. Deutschle has an Bachelor of Science Degree in Criminal Justice from Winona State University, and is Post eligible to be licensed as Peace Officer in the State of Minnesota. Gary is also serving in the Minnesota National Guard and will be eompleting his term of enlistment in the next year. BUDGET IMP ACT Funding for this position is authorized in the 1998 Budget. RECOMMENDATION Approve the appointment of Mr. Gary Deutschle as a full-time Police Officer effective August 10, 1998. Respectfully submitted, '1 / ) J hn F. Erar ity Administrator " . -~- . - .--~ 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Council members City Administrato~ FROM: Robin Roland Finance Director SUBJECT: Capital Outlay Request - Fire Department DATE: August 3, 1998 INTRODUCTION The Fire Department is purchasing 1998 budgeted capital items. DISCUSSION The Rescue Division of the Fire Department has received quotes on the purchase of an air bag, ropes, and miscellaneous repelling equipment from two vendors. Danko Emergency Equipment is the lower quote on the air bag and Rescue Systems Incorporated is the low quote on the ropes and repelling equipment. BUDGET IMPACT The 1998 budget for the Rescue Division of the Fire Department includes $1,400 for air bags and $1,400 for ropes and miscellaneous rescue and repelling equipment. Items to be purchased are under budgeted amounts. ACTION REQUIRED For Council's information. ;74;?j Robin Roland Finance Director REQUEST FORM CAPITAL OUTLAY PURCHASES DEPARTMENT Re<;clJe SqlJad DATE OF REQUEST July 23. 1998 ITEM(S) TO BE PURCHASED Air Bag AMOUNT PROVIDED IN ORIGINAL/ADJUSTED 19~ BUDGET: $ 1,400.00 AMOUNT REMAINING AS (: DATE OF REQUEST: $ 1 ,400.00 QUOTATIONS RECEIVED: ,II 1. VENDOR Danko E ~rQency Equipment DATE 6-15-98 2. VENDOR Clarey' SaFETY Equipment DATE 5-27-98 AMOUNT $ 748.00 AMOUNT $ 78.3.00 ~ATTACH QUOTATIONS, IF VERBAL QUOTES, EXPLAIN BELOW COMMENTS: Request would be to purchase this item from Danko Emergency Equipment as th yare the lower bid. ~)(~ DEPARTMENT HEAr 7b3ftJ h~ DATE ~CE DIRECTOR SIGNATURE .1/0 hr-/_ ~ TO: THE MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. SIGN~TURE OF CITY ADMINISTRATOR DATE ACTIONAKEN BY THE-COUNCIL ON THE DAY: OF 19_ (APPROVED) (NOT APPROVED) FILE: CC: ~. , ,. REQUEST rORt-! CAPITAL OU1LAY PURC"ASES DEPART '-1EI11___ R~~~_u~~uad [) A.1 F. 0 r- R E QUE S T J u 1 y__ 2 3, 1 9 9 8 _11E,.,(5) TO BE PURC"ASED Rep~lling and mise equipment. AHOUNr PROVTDED IN ORIGINAL/ADJUSTED 192!L BUDGET: $ 1,400 A"10UI..JT REHAINING AS OF DATE or- REQUEST: $ 1,400.00 QUOTATIONS RECEIVED: :: 1. VEIIDOR__R~s<:_u~.~ys terns I nc 2. VE"JDOR_ Danko Emergencl~qu i pment DATE 6-22-98 AHOUln $ 1,408.00 DATE 6-22-98 AMOUNT $ 1,614.00 ::ArTACIl QIJOf^TIOI..JS1 IF VERBAL QUOIES, EXPLAIN BELOW conr1EI..JTS: ( This request is a combination of two C.I.P. items, that being Repeiling equipment for $550.00 and ropes and accessories for $850.00. ) Request would be to purchse the above .items from Rescue Systems Inc "Er^",:':,;:h~,~^~)r: I::;: ,l:::r b~:~TE' Itt~OR-STGr;^'liRE ~~y 10:T I IE f.1A YOR AI..JU COUNCIL RECOI1r.1ENDIIIE ABOVE REQUEST BE APPROVED. --.-.-----.--.-------------.--- SIGNAfURE OF CITY ADMINISTRATOR DATE ACTlcmTAKEN BY TilE COUI..JCIL ON TIlE DAY OF 19_ (A:"I'ROVEO) (NOT APPROVED) fILE: cc: City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7f FROM: Mayor & Councilm~b:rs City Administrator~ Robin Roland, Finance Director TO: SUBJECT: Fire Relief Association Pension Request for 1999 DATE: August 3, 1998 INTRODUCTION The Farmington Fire Department Cataract Relief Association has submitted its request for the 1999 pension benefit and municipal funding for that organization. DISCUSSION The Board of Directors met on July 29, 1998 and approved a request to the City of Farmington to increase the annual benefit from the current $1,750 to $2,000, effective January 1,1999. The City's contribution to the Fire Relief Association in 1999 is proposed at $50,000, an increase of $5,000 over the prior year. Due to the continued strong showing by the investments in the Relief Association's portfolio and the City's contributions, the pension under funding of the previous years has been significantly reduced. Increasing the pension benefit by $250 per year helps bring the association more in line with surrounding communities. BUDGET IMPACT The City's proposed 1999 Budget includes a $50,000 Fire Levy. ACTION REQUIRED Approve the amendment to the Fire Relief Association by-laws increasing the annual pension benefit to $2,000 effective January 1, 1999. ReSpectful~ SUb~ ~* Finance Director Date: July 30, 1998 To: Robin Roland From: Farmington Fire Department Cataract Relief Association Subject: Association Pension Request for 1999 The Board of Directors of the Farmington Fire Department Cataract Relief Association meet on July 29, 1997 to discuss the 1999 pension request. It was approved by the Board to request a yearly increase from the present $ 1,750.00 per year to $ 2,000.00 per year. The city's contribution would be $ 50,000.00. If you have any questions please feel free to contact President Bill Sauber, Treasurer Terry Threan, or myself Thank you. Respectfully submitted, ~[.~ Thomas E. Hemish Secretary c.c. John Erar, City Administrator Cataract Board of Directors File City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us JOCL TO: Mayor, Councilmembers, City AdministratorfJ'l- Lee Smick, Planning Coordinator .f)iJ FROM: DATE: August 3, 1998 RE: Application to Amend the Comprehensive Plan for the AdelmannlSt. Michael's Catholic Church property INFORMATION An application has been submitted by Robert Adelmann to amend the Comprehensive Plan from Industrial to Low Density residential for 20 acres at the southeast intersection of Denmark Avenue and Ash Street. DISCUSSION Mr. Robert Adelmann, 22553 Denmark Avenue, is requesting a Comprehensive Plan Amendment from the existing Industrial land use designation to Low Density Residential for 20 acres at the southeast intersection of Denmark A venue and Ash Street, in the northwest corner of Section 6, Township 113 N, Range 19 W. The land use for the Adelmann property has been designated Industrial since at least the1980 Comprehensive Plan in which the City anticipated an industrial user with rail line transportation needs. The proposed Low Density Residential designation is anticipated for the location of the new St. Michael's Catholic Church facility, which was approved as a Conditional Use on July 14, 1998 (see attached memo) by the Planning Commission. St. Michael's Catholic Church is proposing a 44,000+ square foot church facility on a 9-acre campus with future expansion of the campus of up to 20 acres. Mr. Adelmann will dedicate 10 acres of his property at the intersection of Denmark A venue and Ash Street to St. Michael's Catholic Church, with the church having an option to purchase an additional 10 acres towards the south. Adjacent land uses surrounding the property may be viewed as being more conducive to Low Density Residential (Institutional) than to an Industrial land use. The north side of Ash Street is designated as high density residential. The northwest corner of the intersection of Denmark Avenue and Ash Street proposes Low Density Residential. The property to the east is designated as Industrial where Dakota Electric is located, however, this Industrial designation should be viewed as Light Industrial mixed with office use in the front and equipment storage in the rear. The south side of the property is designated as Industrial, however, Mr. Adelmann is proposing High Density Residential and property to the east of the site is within Eureka Township. The City Thoroughfare Plan calls for Ash Street and the portion of Denmark adjacent to the property to be designated as a minor collector when the roads are upgraded. Water and sewer usage is expected to be lower with Institutional (church) use than the planned Industrial use. The Planning Commission reviewed and approved the Comprehensive Plan Amendment from Industrial to Low Density Residential for the 20 acres at a public hearing on July 14, 1998. Reasons for the approval included the following: 1. The Low Density Residential use to allow a church facility on the property is compatible with existing adjacent uses. 2. There is a developer for the 20 acres and they have generated development plans for St. Michael's Catholic Church and will begin the platting process after City Council approval. 3. The 20 acres is within the MUSA. ACTION REQUESTED Adopt the attached resolution approving the Comprehensive Plan Amendment from Industrial to Low Density Residential for 20 acres at the southeast intersection of Denmark Avenue and Ash Street, subject to the Metropolitan Council's approval of the Comprehensive Plan Amendment application. ~~ Lee Smick, AICP Planning Coordinator RESOLUTION NO. AMENDING THE COMPREHENSIVE PLAN ROBERT ADELMANN/ST. MICHAEL'S CHURCH PROPERTY Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 3rd day of August, 1998 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, a public hearing to review the proposed Comprehensive Plan Amendment for the Robert Adelmann/St. Michael's Church property was held on the 14th of July, 1998 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the Planning Commission has recommended favorable action by the Council with certain conditions after receiving and evaluating comments from various parties; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. WHEREAS, the Planning Commission, at a public hearing held on July 14, 1998, recommended approval of the Comprehensive Plan Amendment contingent on revising the legal description for the property to the following: The north 1338.34 feet of the West half of the Northwest Quarter of Section 6, Township 113, Range 19, Dakota County, Minnesota lying west of the east 597.97 feet thereof. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the Comprehensive Plan Amendment for the Robert Adelmann/St. Michael's Church property from Industrial to Low Density Residential. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of August, 1998. Mayor Attested to the _ day of August, 1998. City Administrator TO: City Planning Commission Mike Schultz, Associate Planner ..PO FROM: DATE: July 14th, 1998 RE: Conditional Use Application - St. Michael's Catholic Church Construct new church in an R-l District Planning Department Review Applicant: St. Michael's Catholic Church 421 Walnut Street Farmington, MN 55024 (612) 463-3360 Referral Comments: Lee Mann, City Engineer Attachments: . 1. Location Map 2. Permitted and Conditional Uses Location of Property: The property is located at the southeast comer of the intersection of Denmark Ave. and Ash St. Size of Property: 20 total acres Current Land Use: Agriculture Suggested Land Use Change: The 20 acres is suggested to be converted from the current I-I Industrial land use designation to R-l Low Density Residential. Area Currently Bounded by: Industrial zoning to the east with Dakota Electric, Medium to High density residential to the direct north and agriculture to the south and across the road to the west. - Terrain: Terrain is generally flat with little elevation change toward the southern portion of the property . I CitlJ of Farmington 325 Oale Street · Farmint}tonl MN 55024 · (612) 463-7111 · Fax (612) 463.2591 Additional Comments: St. Michael's Catholic Church is proposing a 44,000+ square foot church facility on a 9 acre campus with future expansion of the campus of up to 20 acres in an R-l zone and is therefore seeking a conditional use permit for the use. As required in Section 10-3-2 (C), churches require a conditional use permit in an R-l zone. Mr. Adelmann has donated 10 acres of land to St. Michael's Catholic Church in order to relocate the church to this new site at the intersection of Denmark and Ash Street. The church has been searching for a new site for over a year because the existing facility and grounds at 421 Walnut does not have the expansion capabilities for the proposed 1,100 additional parishioners forecasted in the City within the upcoming five years. Mr. Adelmann will dedicate 10 acres of the north property to St. Michael's Church, with the church having an option to purchase an additional 10 acres. The church is proposing a sanctuary, social hall and gymnasium at this time, with a rectory to be constructed in the future. The sanctuary will hold approximately 1,100 parishioners, however, the church is continuing to revise the architectural plans to provide space for 1,200 parishioners as desired by the Diocese. The social hall will seat 500 people and the gymnasium consists of 4,800 square feet. Parking will be provided for between 300 to 350 cars with the opportunity to expand the parking area to provide for up to 500 cars. The ratio used by the church for calculating the number of spaces is much stricter than the one required by the City. The church will require one space for every 2.5 seats in the principal assembly room, whereas the City requires 1 space per every 4 seats in the principal assembly room. Approximately 6.5 acres will be utilized for ballfields and playground space at the southern end of the 9 acres. The church has had discussions with the Parks and Recreation Commission concerning park dedication requirements and further discussions will continue their Commission meeting on August 5, 1998. Approximately 2.5 acres along Ash Street will be platted as an outlot to provide future expansion of the rectory at some later date. The comer of Ash and Denmark is crucial to the church's architectural setting and the church's foundation will be elevated at this location to provide the best possible views of the church from this intersection. The architecture of the church emulates the "prairie-type style" with the one level horizontal planes displayed in the roofline. The height of the steeple has yet to be determined and may require a variance at a later time in the approval process. The City's consultant and the church's engineer have discussed Stormwater management on the site. Currently the stormwater runs in the ditch along Denmark to the north along with overland runoff. The City's consultant has determined that it would be more beneficial to move the runoff to the south to deter additional runoff into the Vermillion Watershed district. Therefore, the church's engineer has proposed that stormwater drainage be located on the east side of the site along the ditch adjacent to Dakota County Electric. The slope of the site will also be constructed so that runoff will be directed to the south. Approval of the plan will be required from the City's stormwater management eonsultant. Requested Action Planning staff recommends the Conditional Use Permit be approved for the proposed church use within an R-l (Low Density) residential zoning district. This approval is contingent on the approval of the Comprehensive Plan Amendment by the City Council and Metropolitan Council and approval of the rezoning by the City Council. (f) Q) :eo. Q)m 1~ . O-c: o c.- c+-' mm Eg --I Q) '"C <( HAV~a >- t:: ~ 8. as e -g Il.. :l _ o ~ m E ~ :l .- en ~ ... '> / <., ...... ~ z*- ~ UJ Q) ~ ll) d ll) N d Q) as o en o ll) N d City of Farmington Comprehensive Plan Legend I" 'MUSA & Future Pilot Knob Road /\/' City ~ow\(lal)' ComprehensIve Plan D Agriculture _ Business _ Conservation _ High Density _ Industry D Low Density ~ Mediwn Density _ Public DROW D Water N W*E Th. Land U.. D<sign.a1ions on this Guide plan should be inIttprctcd in light of the accOlDp3lying tm aId policies cootaincd in the COOlJletc City m Fanninglon CllIIIl'"chCllSivc Plan. Land Use Designations arc !Ubj.ct to tbang...part ofth. atl'" oogoingplannin& process. If you have any qIeRionsplease cmtad the City Planniog DcpaI1mail al463.1I11 s City of Fannington Created by City Planning Division- 1/98 1. Two-fa y dwellings 2. Agric tural service 3. Co mercial recreation ses . Water recreation and storage 5. Public buildings . Public utility buildings 7. ennels 8. S r energy systems 9. Cem teries 10. Minera xtraction 11. Equipme and mainte- nance stor e 12. Feedlot 13. Accessory apart nts 14. Public and parochia schools 15. Churches 16. Towers Ord. 086-177, 3-17-1986; amd. Ord. 088-205, 8-15-1988; Ord. 093-298, 2-16-1993; Ord. 096-383, 11-18-1996) 10-3-2 Permitted Uses 12. Day care center (Ord. 086-17 3-17-1986; amd. Ord. 2-16-1993; Ord. 96-383.11-18-1996) (B) 1. Agriculture 2. Single-family dwe ngs 3. Public parkS and pia 4. Golf courses 5. Stables and riding academie 6. Drainage and irrigation sy ems 7. Specialized animal raisi 8. Greenhouses and nur eries 9. Travel trailer and b t storage 10. Truck gardening 11. Seasonal prod e stands Ie) R-1 Low Density District) 1. Agriculture 2. Single-family dwelling 3. Public parks and playgrounds 4. Golf courses 5. Accessory storage buildings 6. Residential care facility serving 6 or fewer persons 597 City 0; Farmmgfon 10-3-2 Conditional Uses 13. Accessory apartments 14. Public and parochial schoOlS 15. Churches 16. Towers 088-205. 8-15-1988: .-) 1. Cemeteries 2. Nursing homes 3. Nonprofit recreational uses 4. Day care facility serving more than 14 persons 5. Hospitals and clinics 6. Public utility buildings 7. Public buildings 10-3-2 Permitted Uses , 0-3-2 Conditional Uses 8. Water recreation and water storage 9. Solar energy systems 10. Dou.ble and multiple-family dwellings 11. Planned unit developments 12. Greennouses and nursenes 13. Townhouses - quad homes 14. Condominiums 15. Accessory apartments 16. Public and parochial schools 17. Churches 18. Congregate care facilities 19. Towers (Ord. 086-177, 3-17-1986: amd. Ord. 088-198, 2-1-1988: Ord. 091-246, 5-20-1991; Ord. 093-298, 2-16-1993: Ord. 094-335. 8-1-1994; Ord. 096-378, 8-19-1996; Ord. 096-383,11-18-1996) 7. Day care facility serving 14 or fewer persons R-2 Medium Density District ". . griculture 2. SI Ie-family dwellings 3. Publi arks and playgrounds 4. Accesso storage buildings 5. Residential re facility serving 6 or f er persons 6. Day care facility serving 14 or fewer 1. Two-family dwellin 2. Multiple-family ellings 3. Day care fa . ty serving more an 14 persons 4. Sol energy systems 5. anned unit developments . Boarding house 7. Water recreation and water storage 8. Hospitals and clinics 9. Nursing homes 1 Public utility buildings 11. lic buildings 12. Fun I homes 13. Cemete . s 14. Greenhous 15. Townhouses - 16. Condominiums 17. Accessory apartme s 18. Dental laboratories 19. Public and parochial scnools City 0; Farmington 597 City of Farmington Variance/Conditional Use Permit 325 Oak Street, Farmington, IVfN 55024 612-463-7111 FAX 612.463-1591 APPLICATION FOR: 0 Variance fl Conditional Use- {please chec:kj .requirej an abstractors certifiCDte of owners within 350 ft. (a.verage cost - $:250-350) LEGAL DESCRIPTION OF PROPERTY: (lot, block, plat nwne. section, township, range) North 1338.34 feet of the \Jest half of the Northwest quarter of section 6. township 113, range 19, Dakota County, Minnesota lying West of the East 597.97 feet thereof. ZONING DISTRICT R-1 FEEOWNER'SNAMERobert F. Adelmann ** PHONE4fi1-?4QQ ADDRESS: 22553 Denmark Ave. W., Farmington, MN 55024 Srreer Stale Zip Code PRESENT LAND USE: light industrial SPECIFY NATURE OF REQUEST AND GROUNDS: Fo r cons t ruc t ion 0 f net" church for the Church of St. Michael of Farmington, MN on said property FOLLOWING ATTACHED: (please check) tQ}:ProofofOwm:rship Di Boundary Survey 9 Application Fee n Copies of Site Plan o Abstract o Torrens (Owner's Duplicate Certificate of Title Required) APPticant~;~~'i1411;)@~~~~6'"'!~~/~- for office US~ NUMBER I ~ I for 0.ff1C6 use only REQUEST SUBMlTTED TO TIlE PLAA'NING COMMISSION ON t, -/1- 9/ ACfION: lE'Publit Hearing set for: ?-It(-'!k' . o Denied Reason: . . DATE: '1-1.5= fr FINAL ACTION: ~ Approved o Denied ZONING ADr-.-nmSTRATOR: signaTllre ** The Church of St. Michael of Farmington (contract purchaser) 421 Walnut Street Farmington, MN 55024 (463-3360) City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O!J TO: Mayor, Councilmembers, City Administrator~ Lee Smick, Planning Coordinator f).P FROM: DATE: August 3, 1998 RE: Application to Rezone Adelmann/St. Michael's Catholic Church Property INFORMATION An application has been submitted by Robert Adelmann to rezone 20 acres of his property from the existing I-I (Light Industry) zoning designation to the requested R-l (Low Density Residential) at the southeast intersection of Denmark Avenue and Ash Street. DISCUSSION Mr. Robert Adelmann, 22553 Denmark Avenue is requesting to rezone 20 acres of his property as amended in the Comprehensive Plan from the existing I-I (Light Industry) zoning designation to the requested R-l (Low Density Residential) zoning district. The property is located at the southeast intersection of Denmark Avenue and Ash Street, in the northwest comer of Section 6, Township 113 N, Range 19 W. The proposed R-l (Low Density Residential) designation is being requested to provide for the location of the new St. Michael's Church facility, which was approved as a Conditional Use on July 14, 1998 (see attached memo) by the Planning Commission. This Conditional Use Permit was contingent on the approval of the Comprehensive Plan Amendment and Rezoning by the City Council and Metropolitan Council. St. Michael's Catholic Church is proposing a 44,000+ square foot church facility on a 9- acre campus with future expansion of the campus of up to 20 acres. Mr. Adelmann will dedicate 10 acres of his property at the intersection of Denmark A venue and Ash Street to St. Michael's Catholic Church, with the church having an option to purchase an additional 10 acres towards the south. Adjacent zoning surrounding the property includes I-I (Light Industry) zoning to the east with Dakota Electric, R-3 (High Density Residential) to the direct north, R-l (Low Density) to the northwest within the City limits and I-I (Light Industry) to the south, which is currently being proposed to be rezoned to R-3 (High Density Residential). With the rezoning, the new St. Michael's Catholic Church facility will be compatible with surrounding uses because of the inherent functions of a church and neighboring residential areas should see the benefits of this institutional use rather than the existing industrial use. The City Thoroughfare Plan calls for Ash St. to become a minor arterial and the portion of Denmark adjacent to the property to become a minor collector. Water and sewer usage is expected to be lower with the institutional use rather than the planned industrial use. The Planning Commission reviewed and approved the rezoning of the Robert AdelmannlSt. Michael's Catholic Church from I-I (Light Industry) to R-l (Low Density Residential) for the 20 acres at a public hearing on July 14, 1998. Reasons for the approval included the following: 1. The rezoning of the property to R-l to allow a church facility to be constructed on the property is compatible with existing adjacent zoning districts. 2. There is a developer for the 20 acres and they have generated development plans for St. Michael's Catholic Church and will begin the platting process after City Council approval. 3. The 20 acres is within the MUSA. ACTION REQUESTED Adopt the attached ordinance approving the rezoning of the Robert AdelmannlSt. Michael's Catholic Church property from I-I (Light Industry) to R-l (Low Density). Respectfully Sub ~ Lee Smick, AICP Planning Coordinator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Rezoning the Robert Adelmann/St. Michael's Catholic Chnrch property from 1-1 to R-l. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: WHEREAS, the City Council approved a petition to rezone the Robert Adelmann/St. Michael's Catholic Church property on the 3rd day of August, 1998 from I-I to R-l; and WHEREAS, the Planning Commission, at a public hearing held on July 14, 1998, recommended approval of the rezoning contingent on revising the legal description for the property to the following: The north 1338.34 feet of the West half of the Northwest Quarter of Section 6, Township 113, Range 19, Dakota County, Minnesota lying west of the east 597.97 feet thereof. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the City Zoning Ordinance rezoning the Robert Adelmann/St. Michael's Catholic Church property from 1-1 to R-l. Enacted and ordained on the _ day of August, 1998. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of , 1998. CITY ATTORNEY Published in the Farmington Independent the _ day of ,1998. ...... PETITION FOR REZONING I, the undersigned, am the fee owner of and hereby request that the following described land: 1. The lands described on Exhibit "A" attached hereto; and 2. The lands described on Exhibit "B" attached hereto; be rezoned from: Industrial to: 1) 2) Lands described on Exhibit A to R-1; and Lands described on Exhibit B to R-3. I understand that a public hearing is required, as well as a published notice of hearing, for which I hereby attach payment of the fee in the amount of $ / 75 ~ , which I understand further will be refunded if no meeting is scheduled. ~;$~ DATE, t; 1.1-1- ! It The Plann~~~miSSion recommended on the I~ day of ~, ;t:~oA$ ~~deny) the petition~.Ij /~~_. '" .t-o~ Cc^1 Pt4A. At\.uA"-'-* 4- ~'Z.o^-l. ~~;/ .& D~~SW."..L ~ ~ ~ City Planner nt~,,~4A~ R-i lS~-L"~MiAulv~ Action of the City Council: 1. On the Hearing. da y 0 f 1998 declined to set a Public 2. At a Public Hearing held the (approved) (denied) the petition. day of 1998, DATE: City Administrator In accordance with Title la, Chapters 2 and 12 of the City Code. cc: Planning Commission, Attorney, Engineer, Water Board, PARAC c1ients\ 124 .035\rezoning. pet . . " . EXHIBIT II A" The north 1338.34 feet of the West Half of the Northwest Quarter of Section 6, Township 113, Range 19, Dakota County, Minnesota lying west of the east 597.97 feet thereof. clients\ 124.035\exh-a OS/21/98 13:34 X 612 4L~ ~~~~ ~nH~ .1lP.!'jrr,!.ption " Sketch To The Attention Of: Di 11 Beckfeld Ii R9R54 DELMAR H. SCHWANZ lalC\l luavnOllI, INC:. ......... ...... to... ., ". ..... III .......... 141110 BOUTH 1I0BERT TRAIL ROBE MOUNT. Ml~Nl!SOTA &50S1 el2/423-1788 SURVEYOR'S CERTIFICATE Fef: AdellTann-Farmington cathOlic Church Proposed DescripLion: The north 1338.34 feet of the west Half of the NorthWest: ()Jartcr of Section 6, Township 113, IlaflgE> 19, Dakota County, Minn<"sot:a lying west: of the east 597.97 {eet therEOf. Containing 20.00 acres inc1udin;j all road easecrents and all other e-asenents of record, if any. .... t'I\ -:51J9#17'?f/f[' " 1/tJ1'1JI1J';~ fV~!/I(lJ; "4ZJr/ -., -:5C?6 --,/I~-,e/~/'; ~ E \'(; ....... ::'91.97 " ~~ <l- '" ,~ ~ '\ ~ ?~ ? ~ '. ~ 20.M I.C:&> \-. tto- ('0.. tl\1:t:; { ~ ~ -'" ~. ,,~ ~ ~-;:> ~~ ~ ,,) "'- ~ ~ ~ ~ \~ ~<>", ~ '" ~ IlJ \u ~ ~ ~ ., ~ " 'I "l \-. ~, ~ ~ \ j \ \ I 6?8f14 ~D (? '29 'e- Oiled 05-21-98 J6aJl i izk/(~i'1 . !>elm.. H. ac.....". j( MlnnttOll Rl9l11nllon No. 1425 l/ I u,.by ...I'IlIy Ihel Ihll IUrvIY. pl.n. 0' petrl.1I pre p.r.d by mt 0; llna" IllY dl''''' lupeiv'"lon Itld th.' I .m I duly Rill'.'...." Utld Bu,Ylyor unde' Ih. '1.1 01 IIlI Slnl of MIIlllM"'I. AU.: Mikp Md:.ann 47.3-1157 , Di 11 J3eCkfeld 437-5199 TO: City Planning Commission Mike Schultz, Assoeiate Planner .$J FROM: DATE: July 14th, 1998 RE: Conditional Use Application - St. Michael's Catholic Church Construct new church in an R-l District Plannin~ Department Review Applicant: St. Michael's Catholic Church 421 Walnut Street Farmington, MN 55024 (612) 463-3360 Referral Comments: Lee Mann, City Engineer Attachments: I. Location Map 2. Permitted and Conditional Uses Location of Property: The property is located at the southeast comer of the intersection of Denmark Ave. and Ash St. Size of Property: 20 total acres Current Land Use: Agriculture Suggested Land Use Change: The 20 acres is suggested to be converted from the current I -I Industrial land use designation to R -1 Low Density Residential. Area Currently Bounded by: Industrial zoning to the east with Dakota Electric, Medium to High density residential to the direct north and agriculture to the south and across the road to the west. Terrain: Terrain is generally flat with little elevation change toward the southern portion of the property . I CitlJ. of Farmint)ton 325 Oalc Street. Farmington, MN 55024 · (612) 463-7111 · Falf (612) 463-2591 Additional Comments: St. Michael's Catholic Church is proposing a 44,000+ square foot church facility on a 9 acre campus with future expansion of the campus of up to 20 acres in an R-I zone and is therefore seeking a conditional use permit for the use. As required in Section 10-3-2 (C), churches require a conditional use permit in an R-I zone. Mr. Adelmann has donated 10 acres of land to St. Michael's Catholic Church in order to relocate the church to this new site at the intersection of Denmark and Ash Street. The church has been searching for a new site for over a year because the existing facility and grounds at 421 Walnut does not have the expansion capabilities for the proposed 1,100 additional parishioners forecasted in the City within the upcoming five years. Mr. Adelmann will dedicate 10 acres of the north property to St. Michael's Church, with the church having an option to purchase an additional 10 acres. The church is proposing a sanctuary, social hall and gymnasium at this time, with a rectory to be constructed in the future. The sanctuary will hold approximately 1,100 parishioners, however, the church is continuing to revise the architectural plans to provide space for 1,200 parishioners as desired by the Diocese. The social hall will seat 500 people and the gymnasium consists of 4,800 square feet. Parking will be provided for between 300 to 350 cars with the opportunity to expand the parking area to provide for up to 500 cars. The ratio used by the church for calculating the number of spaces is much stricter than the one required by the City. The church will require one space for every 2.5 seats in the principal assembly room, whereas the City requires 1 space per every 4 seats in the principal assembly room. Approximately 6.5 acres will be utilized for ballfields and playground space at the southern end of the 9 acres. The church has had discussions with the Parks and Recreation Commission concerning park dedication requirements and further discussions will continue their Commission meeting on August 5, 1998. Approximately 2.5 acres along Ash Street will be platted as an outlot to provide future expansion of the rectory at some later date. The comer of Ash and Denmark is crucial to the church's architectural setting and the church's foundation will be elevated at this location to provide the best possible views of the church from this intersection. The architecture of the church emulates the "prairie-type style" with the one level horizontal planes displayed in the roofline. The height of the steeple has yet to be determined and may require a variance at a later time in the approval process. The City's consultant and the church's engineer have discussed Stormwater management on the site. Currently the stormwater runs in the ditch along Denmark to the north along with overland runoff. The City's consultant has determined that it would be more beneficial to move the runoff to the south to deter additional runoff into the Vermillion Watershed district. Therefore, the church's engineer has proposed that stormwater drainage be located on the east side of the site along the ditch adjacent to Dakota County Electric. The slope of the site will also be constructed so that runoff will be directed to the south. Approval of the plan will be required from the City's stormwater management consultant. Requested Action Planning staff recommends the Conditional Use Permit be approved for the proposed church use within an R-l (Low Density) residential zoning district. This approval is contingent on the approval of the Comprehensive Plan Amendment by the City Council and Metropolitan Council and approval of the rezoning by the City Council. en Q) to.. Q)cu 1~ . o...c o c.- c+-' curl Eo - ....J Q) "U <( (J) Q) L... U <( o N t5 Q) :c :J en ~ ~ ~ ca 0 '0 .... e a.. ::J _ o g In :5' ~ ::J .- en ~ .... '> / '" " "" t1J z*. ::: UJ Q) ~ 10 o 10 N o Q) m o en o 10 N o I / j o o .~ ~ u o ~ e (]) ~ o ~ ~ ~ 8 ~ (]) .-0 < il e c.. o " <l ~ .s ~ 0",,,, -"! Cl ;.-. ~~~~ ~:d.~ p.. .~.~ "" c ,,-g . c ;.-. ~ ;.-." " " ::l ::l.~.S co 0 :::J.1::" .1:: ." !3 !3 CIl CIl ::l 'Oi ;.-..= li: _." ~ Cl S 0 >. .......,,_CIli::.,,~_.,""e....u ... ::l ::l " ., ;.-. " ~ - ".1:; 5 Cl ::l....." ~ ~.g~b~~-g-gb.J~~.1 8 '" bO bO.S ii " 0 0 0 Ii.g p.. Q ".-.- o~~~~~O~Uli:li:O~~~~~~ ~~~~R~~~~~N~~O~~~~ ~>~" I , I I , . _::::> I I . I .ut: ....~~CIlCIlCIlU~~~~p..~~~~ <~DiDiiiiDDiiDDii / 1. Two-family dwellings 2. Agricultural service 3. Commercial recreation uses 4. Water recreation and storage 5. Public buildings 6. Public utility buildings 7. Kennels 8. Solar energy systems 9. Cemeteries 10. Mineral extraction 11. Equipment and mainte- nance storage 12. Feedlot 13. Accessory apartments 14. Public and parochial schools 15. Churches 16. Towers (Ord. 086-177, 3-17-1986: amd. Ord. 088-205, 8-15-1988: Ord. 093-298,2-16-1993: Ord. 096-383,11-18-1996) 10-3-2 Permitted Uses 12. Day care center (Ord. 086-177, 3-17-1986; amd. Ord. 2-16-1993; Ord. 096-383.11-18-1996) (8) A-2 Agricultural Preserve District 1. Agriculture 2. Single-family dwellings 3. Public parks and playgrounds 4. Golf courses 5. Stables and riding academies 6. Drainage and irrigation systems 7. Specialized animal raising 8. Greenhouses and nurseries 9. Travel trailer and boat storage 10. Truck gardening 11. Seasonal produce stands 12. Day care center IC) R-1 Low Density District) 1. Agriculture 2. Single-family dwelling 3. Public parks and playgrounds 4. Golf courses 5. Accessory storage buildings 6. Residential care facility serving 6 or fewer persons 597 City 0; Formlrtgron , 0-3-2 Conditional Uses 13. Accessory apartments 14. Public and parochIal schOOlS 15. Churches 16. Towers 088-205. 8-15-1988: Ord. 093-298. .-) 1. Cemeteries 2. Nursing homes 3. Nonprofit recreational uses 4. Day care facility serving more than 14 persons 5. Hospitals and clinics 6. Public utility buildings 7. Public buildings 10-3-2 . . Permitted Uses '0-3-2 Conditional Uses 8. Water recreation and water storage 9. Solar energy systems 10. Dou'ble and multiple-family dwellings 1 1. Planned unit developments 12. Greennouses and nurseries 13. Townhouses - quad homes 14. Condominiums 15. Accessory apartments 16. Public and parochial schools 17. Churches 18. Congregate care facilities 19. Towers (Ord. 086-177, 3-17-1986; amd. Ord. 088-198, 2-1-1988; Ord. 091-246, 5-20-1991; Ord. 093-298, 2-16-1993; Ord. 094-335. 8- 1 - 1994; Ord. 096-378, 8-19-1996; Ord. 096-383. 11 - 18- 1996) 7, Day care facility serving 14 or fewer persons (D) A-2 Medium Density District 1. Agriculture 2. Single-family dwellings 3. Public parks and playgrounds 4. Accessory storage buildings 5. Residential care facility serving 6 or fewer persons 6. Day care facility serving 14 or fewer persons 1. Two-family dwellings 2. Multiple-family dwellings 3. Day care facility serving more than 14 persons 4. Solar energy systems 5. Planned unit developments 6. Boarding house 7. Water recreation and water storage 8. Hospitals and clinics 9. Nursing homes 10. Public utility buildings 11. Public buildings 12. Funeral homes 13. Cemeteries 14. Greenhouses 15. Townhouses - quad homes 16. Condominiums 17. Accessory apartments 18. Dental laboratories 19. Public and parochial scnools City 0; Farmington 597 .. t. City of Farmington Variance/Conditional Use Permit 325 Oak Street, Farmington, l\1N 55024 612-463-7111 FAX 612-463-2591 APPLICATION FOR: 0 Variance fi Conditional Use* (please checkj .requirej an abstractors certificate of owners within 350 ft. (averago cost. S250-350) LEGAL DESCRIPTION OF PROPERTY: (lot. block. plat name, section, township, range) North 1338.34 feet of the \~est half of the Northwest quarter of section 6, township 113, range 19, Dakota County, Minnesota lying West of the East 597.97 feet thereof. ZONINODISTRICTR-l FEEOWNER'SNAMERobert F. Adelmann ** PHONE4fl1-?4QQ ADDRESS: 22553 Denmark Ave. W., Farmington, MN 55024 Srreer Stale Zip Code PRESENT LAND USE: light industrial SPECIFY NATURE OF REQUEST AND GROUNDS: For construction of net" church for the Church of St. Michael of Farmington, MN on said property FOLLO\~G ATTACHED: (please check) gzProofofOwm:rship fi Boundary Survey HApplication Fee g Copies of Site Plan o Abstract o Torrens (Owner's Duplicate Certificate of Title Required) Applicant's Si~~ ~{lj/} . licant's SigDP.'"'J'${;;....---v /~v-- Date L1-/---.~- ~Date b -/S--?,r . for office liSt NUMBER J (" for oJJ1c~ uu only REQUEST SUBMITTED TO TIrE PLAN1'ilNG COMMISSION ON ~ -/,- 9~ ACTION: lE"Public: Hearing set for: ?-It(-?8' o Denied Reason: . . DATE: 7-/S=fr FINAL ACTION: 00 Approved o Denied ZONING ADMlNISTRATOR: signanlre ** The Church of St. Michael of Farmington (contract purchaser) 421 Walnut Street Farmington, MN 55024 (463-3360) City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /0 c- TO: Mayor, Council Members, City Administrator~t:..---- Mike Schultz, Associate Planne~ FROM: DATE: August 3, 1998 RE: Application to Amend the Comprehensive Plan - Adelmann Property INTRODUCTION An application has been submitted by Robert Adelmann to amend the Comprehensive Plan from Industrial to High Density Residential for 45 acres located at the southeast intersection of Denmark A ve/C.S.A.H. 31 and Ash S1.. DISCUSSION Mr. Robert Adelmann, 22553 Denmark Ave. is requesting to amend the Comprehensive Plan for 45 acres of his property from the current Industrial land use designation to a High-Density designation. The land use for the Adelmann property has been designated Industrial since at least the 1980 Comprehensive Plan in which the City anticipated an industrial user with rail line transportation needs. The adjacent existing land uses include Industrial land to the northeast (Dakota Electric property), Public use to the east (Dakota County Fairgrounds), and Institutional to the north (if approved for St. Michael's Church). The attached staff report to the Planning Commission dated July 14, 1998 reviews the specifics of the application and recommended approval of the request. The Planning Commission held a public hearing on July 14, 1998 to review the proposal. The Planning Commission reviewed, but recommended denial of the Comprehensive Plan Amendment from Industrial to High Density Residential for the 45 acres at a public hearing on July 14, 1998. Reasons for the denial included the following: a) Almost all of the 45 acres is currently located outside of the current MUSA boundary; coupled with the fact that the city was recently granted a large amount of MUSA supplying the city with enough developable land for the next 5 to 10 years; b) The City is currently undergoing a Comprehensive Plan update and that this possibility could be further examined during that process; c) The Commission felt that even though the RLK Inc. numbers identified sufficient Industrial land acreage until the year 2020, that this property still maintained the potential for an Industrial land use due to its proximity to an active rail line. ACTION REOUESTED The Council needs to determine, based on the information provided, whether to confirm the Planning Commission's recommendation or to reject the recommendations of denial and direct staff to prepare findings and conclusions based on their stated reasons to approve this request. If Council confirms the Planning Commission recommendation, a resolution citing reasons for denial will be forwarded to Council on August 17, 1998. Michael Schultz Associate Planner en Q) :ea.. ~m ~~ o..c o c.- c"" m~ Eo - .....J Q) "'0 <( (fJ ~ u ro LO ~ 1:5 Q) :c ::J en rn Q) ~ lO >- ci t:: I ~ CD 0- I ca e "0 a.. c: :::J "0 0 al CD E ~ :::J (3 en " lO .....> N / ci <.... " CD ca 0 (f) a III z*- :3 lO N ci TO: City Planning Commission FROM: Mike Schultz, Associate Planner DATE: July 14, 1998 RE: Application to Amend the Comprehensive Plan Applicant: Robert Adelmann 22553 Denmark Ave. Eureka Township Attachments: 1. Location Map 2. Comprehensive Plan Map 3. Transportation Plan Map 4. Community Profile (RLK, Inc.) Location of Property: The property is located at the southeast comer of the intersection of Denmark Ave. and Ash St. In the northwest comer of Section 6, Township 113 N, Range 19 W. The property runs south along Denmark Ave./C.S.A.H. 31 and is situated south of the abandoned rail line spur and adjacent to the active C.P. Rail Line. Size of Property: 65 total acres Comprehensive Plan: Industrial Current Land Use: Agriculture Suggested Land Use Change: 20 of the 65 acres is suggested to be converted from the current Industrial land use designation to Low Density Residential. The remaining acreage is suggested to be converted from Industrial to High Density Residential ~ I CitlJ. of FarminlJ.ton 325 Oak Street. Farmin9ton/ MN 55024 · (612) 463-7111 · Falf (612) 463-2591 Additional Comments: Mr. Adelmann is requesting to down zone 65 acres of his property as amended in the Comprehensive Plan from the existing 1-1 (Light Industry) zoning designation to the suggested R- 1 (Low Density) Residential (20 acres) and R-3 (High Density) Residential (45 acres) zoning districts. Mr. Adelmann will dedicate 10 acres of the north property to St. Michael's Church, with the church having an option for an additional 10 acres. Mr. Adelmann anticipates a higher density use, such as townhomes to take place on the remainder of the property. There is existing MUSA on the north property were the proposed church will be located. MUSA would need to be applied for to the Metropolitan Council on the remaining acreage if development were to occur. Adjacent land uses surrounding the property may be viewed as being more conducive to Residential (and Institutional) zoning than to an Industrial land use. The north side of Ash St. contains higher density housing with townhomes and an apartment complex. The northwest comer of the Denmark Ave. and Ash St. intersection is zoned for low density housing, and farther north on Denmark Ave. is the Farmington High School. The Dakota Electric property is zoned I- I (Light Industry) with office use in the front and equipment storage in the rear. The City Thoroughfare Plan calls for Ash St. to become a minor arterial and the portion of Denmark adjacent to the property to become a minor collector. It is anticipated that the rail line use will remain steady if not increased in use during the next several years. Water and sewer usage is expected to be lower with Institutional and Residential use than the planned Industrial use. Requested Action: Although the City may be taking a step back in what it's projected Industrial land use "overage" needs will be by the year 2020, staff is confident that the remaining Industrial areas plus future alternative Industrial areas will suffice for the actual expected land area need for the City. City staff recommends the rezoning of the Robert Adelmann properties from 1-1 (Light Industry) to R- 1 (Low Density) and R-3 (High Density) based on the projected Industrial land use needs of the City. Michael Schultz Associate Planner PETITION FOR REZONING I, the undersigned, am the fee owner of and hereby request that the following described land: 1. The lands described on Exhibit "A" attached hereto; and 2. The lands described on Exhibit "B" attached hereto; be rezoned from: Industrial to: 1) 2) Lands described on Exhibit A to R-1; and Lands described on Exhibit B to R-3. I understand that a public hearing is required, as published notice of hearing, for which I hereby attach the fee in the amount of $ / 75 ~ ,which I further will be refunded if no meeting is scheduled. well as a payment of understand ~$a~~ ~ //1-- / It DATE: The Planning Commission recommended on the 1998 to (approve) (deny) the petition. day of City Planner Action of the City Council: day of 1998 declined to set a Public 1. On the Hearing. 2 . At a Public Hearing held the (approved) (denied) the petition. day of 1998, DATE: City Administrator In accordance with Title la, Chapters 2 and 12 of the City Code. cc: Planning Commission, Attorney, Engineer, Water Board, PARAC clienlS\ 124 .035\rezoning.pel 10-2-3 10-2-.3: A-' A-2 ~ R-l R-2 --7 R-3 R-4 ~ 1-1 10-2-3 ZONING DISTRICTS. PURPOSE: Agricultural District is intended to protect eXisting agricultural Investments un- til such time as public utilities may be extended and there IS need for aaditlonal urban development land. Agricultural Preserve District IS prooosed to Identify lands Intended for long- term agricultural use with a reSidential density not to exceed one unit per quarter'quarter section. Low Density Residential District IS established to pruvlde extenSive areas within the community for low density development with full public utilities in a se- quence which will prevent the occurrence of premature scanered urban development. Medium Density Residential District is intended as an area which incorporates older existing development as well as undeveloped land that would be sUitable for small lot single-family constructions as well as duplexes. townhouses and quad homes. High Density Residential District is designated to provide areas of the City which will allow multiple dwellings in areas close to business and services. public facilities and good transportation. The location of these areas generally follows the recommendations made in the Comprehensive Plan. Mixed Code Residential District is established to provide areas of the City where manufactured housing may be located on either subdivided or unsubdivided developments in attractive neighborhoods in areas designated as medium density in the Comprehensive Plan. ~-..... ~ B-1 Limited Business District is intended to provide areas along major thoroughfares for unified commercial centers oriented to serving automobile traffic. B-2 General Business District is proposed to identify downtown Farmington allow- ing general commercial uses including retail and wholesale sales. office space and service establishments as well as repair services. These uses may be developed in combination with high density residential dwellings. B-3 Heavy Business District is a tranSitional classification designed to provide space for certain commercial and industrial uses which are compatible together but do not fit well in either the Limited or General Business Districts. light Industrial District will provide areas in Farmington that may be developed by industrial uses which are landscaped and otherwise compatible with adjoining residential districts. C-l Conservation District is provided to recognize vital environmental resources of the community including steep slopes. wetlands and unstable soil conditions and to allow development only after careful analysis. eS6 10-3- 1 CHAPTER 3 , 0-3-2 PERMITTED AND CONDITIONAL USES SECTION: 10-3-1 : 10-3-2: Permitted Uses Conditional Uses 10-3-1: PERMITTED USES: The permitted uses for each distnct are listed below. Accessory uses and essential services are also permitted. (Ord. 086-177, 3-17-1986; amd. Ord. 088-205, 8-15-1988) 10-3-2: CONDITIONAL t:SES: The Planning Commission may authorize conditional uses as specified below. which will not be detrimental to the integrity of the districts if all the conditions and provisions of Chapter 8 of this Title are met. (Ord. 086-177, 3-17-1986; amd. Ord. 088-205. 8-15-1988) ~ ~ Permitted Uses (A) A-1 Agricultural District 1. Agriculture 2. Single-family dwellings 3. Public parks and playgrounds 4. Golf courses 5. Stables and riding academies 6. Drainage and irrigation systems 7. Specialized animal raising 8. Greenhouses and nursenes 9. Travel trailer and boat storage 10. Truck gardening 11. Seasonal produce stands Conditional Uses 1. Two-family dwellings 2. Agricultural service 3. Commercial recreation uses 4. Water recreation and storage 5. Public buildings 6. Public utility buildings 7. Kennels 8. Solar energy systems 9. Cemeteries , O. Mineral extraction , ,. Equipment and mainte- nance storage 12. Feedlot City 0; FarmIngton 597 1. Two-famlly dwellings 2. Agncultural service 3. Commercial recreation uses 4. Water recreation and storage 5. Public buildings 6. Public utility buildings 7. Kennels 8. Solar energy systems 9. Cemeteries , O. Mineral extraction 11. Equipment and mainte- nance storage 12. Feedlot 13. Accessory apartments 14. Public and parochial schools , 5. Churches 16. Towers (Ord. 086-177, 3-17-1986; amd. Ord. 088-205, 8-15-1988; Ord. 093-298.2-16-1993; Ord. 096-383. , '-18-1996) , 0-3-2 Permitted Uses 12. Day care center (Ord. 086-177, 3-17-1986; amd. Ord. 2-16-' 993; Ord. 096-383. , 1-18-1996) (8) A-2 Agricultural Preserve District ,. Agriculture 2. Single-family dwellings 3. Public parks and playgrounds 4. Golf courses 5. Stables and riding academies 6. Drainage and irrigation systems 7. Specialized animal raising 8. Greenhouses and nursenes 9. Travel trailer and boat storage 10. Truck gardening 11. Seasonal produce stands 12. Day care center PC) R-1 Low Density District) 1. Agriculture 2. Single-family dwelling 3. Public parks and playgrounds 4. Golf courses 5. Accessory storage buildings 6. Residential care facility serving 6 or fewer persons 597 , 0-3-2 Conditional Uses 13. Accessory apartments 14. Public and parochial schoOlS 15. Churches 16. Towers 088-205, 8-' 5-1988; Ord. 093-298. .-) 1. Cemeteries 2. Nursing homes 3. Nonprofit recreational uses 4. Day care facility serving more than 14 persons 5. Hospitals and clinics 6. Public utility buildings 7. Public buildings City 0; FarmIngton 10-3-2 Permitted Uses , 0-3-2 Conditional Uses 8. Water recreation and water storage 9. Solar energy systems 10. Dou'ble and multiple-family dwellings 1 1. Planned unit developments 12. Greennouses and nurseries 13. Townhouses - quad homes 14. Condominiums 15. Accessory apartments 16. Public and parochial schools , 7. Churches 18. Congregate care facilities 19. Towers (Ord. 086-177, 3-17-1986; amd. Ord. 088-198. 2-1-1988; Ord. 091-246, 5-20-1991; Ord. 093-298, 2-16-1993; Ord. 094-335. 8-1-1994; Ord. 096-378, 8-19-1996; Ord. 096-383,11-18-1996) 7. Day care facility serving 14 or fewer persons (D) R-2 Medium Density District ~~ ," .- 'i~ 1. Agriculture 2. Single-family dwellings 3. Public parks and playgrounds 4. Accessory storage buildings 5. Residential care facility serving 6 or fewer persons 6. Day care facility serving 14 or fewer persons 1. Two-family dwellings 2. Multiple-family dwellings 3. Day care facility serving more than 14 persons 4. Solar energy systems 5. Planned unit deveiopments 6. Boarding house 7. Water recreation and water storage 8. Hospitals and clinics 9. Nursing homes 10. Public utility buildings 11. Public buildings 12. Funeral homes 13. Cemeteries 14. Greenhouses 15. Townhouses - quad homes 16. Condominiums 17. Accessory apartments 18. Dental laboratories 19. Public and parochial scnools City 0; Farmmgton 597 10-3-2 Permitted Uses , 0-3-2 Conaltional Uses 20. Churcnes 21. Congregate care facilities 22. Towers (Ord. 086-177. 3-17-1986; amd. Ord. 088-198. 2-1-1988: Ord. 091-246. 5-20-1991; Ord. 093-298. 2-16-1993: Ord. 094-335. 8-1-1994; Ord. 096-378.8-19-1996; Ord. 096-383. 11-18-1996) ZE) R-3 High Density District/ 1. Multiple-family dwellings 2. Townhouses - quad homes 3. Public parks and playgrounds 4. Accessory storage buildings 5. Residential care facilities serving 7 through 16 persons 6. Day care facility serving 13 through 16 persons 1. Single-family dwellings 2. Two-family dwellings 3. Day care facility serving more than 16 persons 4. Planned unit developments 5. Public utility buildings 6. Public buildings 7. Solar energy systems 8. Hospitals and clinics 9. Nursing homes 10. Clubs 11. Accessory apartments 12. Public and parochial schools 13. Churches 14. Funeral homes 15. Congregate care facilities (Ord. 086-177, 3-17-1986; amd. Ord. 091-246, 5-20-1991; Ord. 093-298, 2-16-1993; Ord. 094-335, 8-1-1994) (F) R-4 Mixed Code District 1. Single-family dwellings (UBC) 2. Public parks and playgrounds 3. Accessory storage buildings 4. Residential care facility serving 6 or fewer persons 5. Day care facility serving 14 or fewer persons 597 ''''"'':I..' ft 1. Two-family dwellings 2. Multiple-family dwellings 3. Planned unit developments 4. Townhouses - quad homes 5. Solar energy systems 6. Accessory apartments 7. Public utility buildings 8. Public buildings 9. Day care facility serving more than 16 persons 10. Public and parochial schools 1 1. Churches City of Farmington 10-3-2 Permitted Uses '1. Home and trailer sales and display 12. Parking lots '3. Recreation and equipment sales, service and reoalr (Ord. 086-177, 3-17-1986: 091-246. 5-20-1991) (I) B-3 Heavy Business District 1. Mechanical sales, service and repair 2. Commercial services 3. Animal clinics 4. Wholesale business 5. Supply yards 6. Warehousing 7. Light manufacturing 8. Research and testing labs 9. Parking lots , O. Public buildings 11. Auto sales. service, reoair 12. Motor fuel stations, major (Ord. 086-177, 3-17-1986) (J) 1-1 Light Industrial District ,. Research and testing labs 2. Offices 3. Supply yards 597 , 0-3-2 Conaitlonal Uses , O. Churches '1. Light manufactUring , 2. Outdoor sales , 3. Fast food establishments 14. Farm Implement sales. servIce and repair 15. Equipment and storage yards 16. Researcn and testing laboratorres 17. Mini storage units , 8. Motor fuel stations - minor 19. Hotels and motels 20. Recreational assembly places amd. Ord. 088-198, 2-'-1988; Ord. 1. Public utility buildings 2. Offices 3. Water recreation and water storage 4. Home and trailer sales and displays 5. Manufacturing 6. Petroleum bulk storage 7. Mini storage units 8. Equipment and storage yards 9. Outdoor sales , O. Retail business 11. Restaurants 12. Fast food establishments 13. Solar energy systems -""'-:-:, j 1. Manufacturing 2. Water recreation and water storage City 0; FarmlngroTl -~'" 1;.; ~ , 0-3-2 (K) Permitted Uses 4. Warehousing 5. Truck terminals 6. Light manufacturing 7. Parking lots 8. Mini storage units (Ord. 086-' 77. 3-17-' 986; amd. 096-383, 11 - 18- 1996) C-1 ConservatIon District , 0-3-2 CondItional Uses 3. Public utility buildings 4. Agnculture 5. Commercial recreation 6. Grain elevators 7. Food product processing 8. Solar energy systems 9. Recycling faCility 10. Towers Ord. 096-382. '0-21-'996; Ord. ,. Single-family dwellings 2. Water recreation and water storage 3. Stables and riding academies 4. Minerai extraction 5. Feedlots 6. Public utility buildings 7. Equipment maintenance and storage 8. Solar energy systems 9. Towers (Ord. 086-177, 3-17-1986: amd. Ord. 096-383,11-18-1996) 1. Agriculture 2. Public parks and playgrounds 3. Cemeteries 4. Golf courses 5. Hunting preserves City of Farmington 397 I'. 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'" o "E o <II .. .. :l "0 E ClI iti <Xl N CD <Xl CD <Xl o "C Q. 594 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us jOd TO: Mayor, Council Members, City Administrator Mike Schultz, Associate PlannerM August 3, 1998 FROM: DATE: RE: Application to Rezone - Adelmann Property INTRODUCTION An application has been submitted by Robert Adelmann to rezone 45 acres of his property from the existing 1-1 (Light Industry) zoning designation to the requested R-3 (High-Density), the property is located at the southeast intersection of Denmark Ave/C.S.A.H. 31 and Ash S1.. DISCUSSION Mr. Robert Adelmann, 22553 Denmark Ave. is requesting to rezone 45 acres of his property from the existing 1-1 (Light Industry) zoning designation to an R-3 (High- Density) designation. The proposed R-3 designation would provide a possibility for a high-density townhome development. The attached staff report to the Planning Commission dated July 14, 1998 reviews the specifics of the rezone application and recommend approval of the request. The Planning Commission held a public hearing on July 14, 1998 to review the proposal. The Planning Commission reviewed, but did not support a motion to rezone from 1-1 (Light Industrial) to R-3 (High Density) for the 45 acres at a public hearing on July 14, 1998, due to the fact that the property was not approved for a Comprehensive Plan amendment. Reasons for the denial of the Comprehensive Plan amendment included the following: a) Almost all of the 45 acres is currently located outside of the current MUSA boundary; coupled with the fact that the city was recently granted a large amount of MUSA supplying the city with enough developable land for the next 5 to 10 years; b) The City is currently undergoing a Comprehensive Plan update and that this possibility could be further examined during that process; c) The Commission felt that even though the RLK Inc. numbers identified sufficient Industrial land acreage until the year 2020, that this property still maintained the potential for an Industrial land use due to the presence of an active rail line. ACTION REQUESTED The Council needs to determine, based on the information provided, whether to confirm the Planning Commission's recommendation or to reject the recommendations of denial and direct staff to prepare findings and conclusions based on their stated reasons to approve this request. If Council confirms the Planning Commission recommendation, a resolution citing reasons for denial will be forwarded to Council on August 17, 1998. Michael Schultz Associate Planner (/) Q) :eo.. Q)m o..:E D...c:: o c.- c+-' mm Eg - .-J Q) ""C <( I I I Il nTID ~EIiBIIB3 I II I II [[[}:=J ~. []ffiIffi ~ffittffiE ~-~~ ~. trtill Bm wm .lll.g 01) ><.. !\l_ OW t/) (l) L. U ca lO -..r t) (l) :c ::J en >. t ~ ~ as 0 -C L.. c: a.. ::l 1:) o Q) al E .?;- ::l .- en ~ .... '> ./ .. " " w z*oo :s UJ ~ ~ LO ci LO N ci Q) as o en o LO N ci d o .~ ~ u o. ~ € Cl.) ~ o ~ ~ ~ 8 ~ Cl.) ~ < ~ .... C/) ::J "C Q)C .0 .... J:: o 0>- .....- >- "C :::!- ~ Q) C/) C/)...... C o...!.. Q) 8"EO '-03: 0.-= 0 C/)..........I Q) ""- ,-Q)C") oc. CtfOO:: N LOQ)O ~'-.... il E 8" " OJ ~ .S t !j C/.I C/.I co Q ~~~'" p:; .f' ~ .s.s !'J ::: 1l''2 >. ~ >. " " " ~ ~.s 0 ~ 0 ;:J.~ ~'~-a !:i !:i co co ~'iJ >..::: i:i:: _ -a '" 0 iJ 0 >. ~~-a-CO~~,F_~"lis~u .... ::l ::l Q e >." ~ - ~'r::: 2 0 ::l ...... 1l ~ .g .g.~ " ;. '" -a -a l; tl ~ :>:a..c: x ::: '" OJ) OJ) s Ii ~ ::: 0 0 Ii ::l - .. " Oll._ ::l tJ <: <: .., ", dj 8 ..2 ..2 ,.., ;1 ~ j ::E :Ii ::E o <: ._ _ v ~ ~ v "" ...... ~~~~~~---___ o---~ ~ ._-N-NM-_NM-~-NM~ 'u~~o~~~~~u~~~~~~~~~ <~DiDiiiiDDiiDGii TO: City Planning Commission FROM: Mike Schultz, Associate Planner DATE: July 14, 1998 RE: Application to Rezone Adelmann Properties Plan nine Department Review Applicant: Robert Adelmann 22553 Denmark Ave. Eureka Township Attachments: 1. Rezone Application 2. Zoning Map 3. Conditional and Permitted Uses Location of Property: The property is located at the southeast corner of the intersection of Denmark Ave. and Ash St. In the northwest corner of Section 6, Township 113 N, Range 19 W. The property runs south along Denmark Ave.lC.S.A.H. 31 and is situated south ofthe abandoned rail line spur and adjacent to the active C.P. Rail Line. Size of Property: 65 total acres Comprehensive Plan: Subject to amendment application Current Land Use: Agriculture Suggested Zoning Change: 20 of the 65 acres is suggested to be rezoned from 1-1 (Light Industry) to R-l (Low density) residential. The remaining acreage is suggested to be rezoned from 1-1 (Light Industry) to R-3 (High density) Residential. Area Currently Bounded By: Industrial zoning to the east with Dakota Electric, residential to the direct north and agriculture to the south and across the road to the west. ~ Terrain: Terrain is generally flat with little elevation change toward the south portion of the property. Citl}. of FarminiJ.ton 325 Oak Street · Farmington} MN 55024 · (612) 463.7111 · FaK (612) 463-2591 Area Currently Bounded By: Industrial zoning to the east with Dakota Electric, residential to the direct north and agriculture to the south and across the road to the west. Terrain: Terrain is generally flat with little elevation change toward the south portion of the property. Additional Comments: Mr. Adelmann is requesting a Comprehensive Plan Amendment from the existing Industrial land use designation to the suggested Low Density (20 acres) and High Density (45 acres) designations. The north portion of the Adelmann property has been identified as an Industrial land use since at least the1980 Comprehensive Plan in which the City anticipated an industrial user with rail line transportation needs. Mr. Adelmann will dedicate 10 acres of the north property to St. Michael's Church, with the church having an option for an additional 10 acres. Mr. Adelmann anticipates a higher density use, such as townhomes to take place on the remainder of the property. There is existing MUSA on the north property where the proposed church will be located. MUSA would need to be applied for to the Metropolitan Council on the remaining acreage if development were to occur. The city currently has 189 acres of developed Industrial land use with 330 acres of vacant Industrial, this is including the 65 acres of Mr. Adelmann's property. If the 65 acres of property is amended the available vacant Industrial property is cut to 265 acres, almost all of which is located on the south side ofC.S.A.H. 50, adjacent to the Farmington Industrial Park. RLK, Inc., the City's consulting firm during the Comprehensive Plan Update, has projected that the City's need for Industrial land by the year 2020 is 496 acres. Though the City would be taking a step back in what the projected "overage" industrial land need would be, the redesignation of Industrial land else where during the Comprehensive Plan Update is possible within the Agricultural areas. The actual amount of industrial acreage needed is projected to be only 248 acres. This assumption is based on nationally recognized employee/land ratios developed by the Urban Land Institute and projected number of employees calculated by the Metropolitan Council. (See Industrial Land Projections portion of the Community Profile). Adjacent land uses surrounding the property may be viewed as being more conducive to Residential (and Institutional) than to an Industrial land use. The north side of Ash St. contains higher density housing with townhomes and an apartment complex. The northwest corner of the Denmark Ave. and Ash St. intersection proposes low density housing, and farther north on Denmark Ave. is the Farmington High School. The Dakota Electric property would remain Industrial, but should be viewed as light Industrial mix with office use in the front and equipment storage in the rear. The City Thoroughfare Plan calls for Ash St. to become a minor arterial and the portion of Denmark adjacent to the property to become a minor collector. It is anticipated that the rail line use will remain steady if not increased in use during the next several years. Water and sewer usage is expected to be lower with Institutional and Residential use than the planned Industrial use. Requested Action: Although the City may be taking a step back in what it's projected Industrial land use "overage" needs will be by the year 2020, staff is confident that the remaining Industrial areas plus future alternative Industrial areas will suffice for the actual expected land area need for the City. City staff recommends forwarding an approval to the City Council to amend the Comprehensive Plan for the Robert Adelmann properties from Industrial to Low Density and High Density Residential based on the projected Industrial land use needs of the City subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. City of Farmington Community Profile July 1998 Population, Households, Employment and land Use Projections The summary table shows the projected population and land use needs for residential, commercial, parks and industrial land in Farmington through the year 2020. SUMMARY OF PROJECTED POPULATION AND LAND USE NEEDS existing 2000 2005 2010 2015 2020 Population 9996 12084 15912 19740 23576 27412 Households 3570 4300 5675 7050 8420 9790 Additional Park land 430 533 565 598 630 663 Commercial Acres 36 59 82 86 92 98 Industrial Acres 189 288 400 422 458 496 Residential Acres 1225 1374 1813 2252 2690 3128 Density 2.91 3.13 3.13 3.13 3.13 3.13 EXISTING LAND USE INVENTORY Land Use Total Acres Agriculture 1120 Agriculture Preserve 1275 Existing Commercial 36 Vacant Commercial 25 Existing Industrial 189 Vacant Industrial 330 Existing Low Density Residential 1016 Vacant Low Density Residential 800 Existing High Density Residential 41 Vacant High Density Residential 182 Rural Estate 168 Natural Open Spaces/Water 1315 Park Space 430 Public/Semi-Public 304 ROW/Miscellaneous 655 TOTAL 7886 This existing land use inventory shows all land within the City Limits of Farmington. Page 1 . , ... City of Farmington Community Profile July 1998 projected # of employees 1134 1216 1284 1353 1441 1530 Employees per Acre 31.5 31.5 31.5 31.5 31.5 31.5 Commercial Acres 36 39 41 43 46 49 These retail/office land projections are based on nationally recognized ratios developed by the Urban Land Institute. The first column is the projected number of employees calculated by the Metropolitan Council. The second column is the rate of land per employee developed by the Urban Land Institute. The third column calculates the amount of land acreage needed to accommodate the projected number of employees. INDUSTRIAL LAND PROJECTIONS existing 2000 2005 2010 2015 2020 projected # of employees 980 997 1035 1086 1176 1268 Employees per acre 5.20 5.19 5.17 5.15. 5.13 5.11 Industrial Acres 189 192 200 211 229 248 These industrial land projections are based on nationally recognized ratios developed by the Urban Land Institute. The first column is the projected number of employees calculated by the Metropolitan Council. The second column is the rate of land per employee developed by the Urban Land Institute. The third column calculates the amount of land acreage needed to accommodate the projected number of employees. Housing Housing Units By Type 1990 Percent 1997 Percent One Unit Detached 1551 74% Total Single Family 1551 74% 2916 81% One Unit Attached 109 5% 2-4 unit building 118 6% 5-49 unit building 262 13% 50+ unit building 54 3% Total Multi Family 543 26% 692 19% Total 2094 3608 source: 1990 Census and Building Permit data from the City of Farmington To maintain density of 3.4 units per acre need to increase the production of multi family or reduce lot size Page 2 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IDe- TO: Mayor, Councilmembers, City Administrator fIl- Lee Smick, Planning Coordinator pJ) August 3, 1998 FROM: DATE: RE: Glenview Townhomes and Commercial Final Plat INTRODUCTION The Glenview Townhomes & Commercial Final Plat is brought forward to the City Council for approval. The property is located east of Trunk Highway 3, north of County Road 72 and south of the Wausau Property. DISCUSSION Mr. Tim Giles, Developer for Glenview Townhomes, is proposing an 89-unit townhome development on 11.89 acres. The proposed commercial area consists of 2.41 acres and is zoned B-1 and the proposed residential area consists of 9.48 acres and is zoned R-3 with a density of 9.39 units/acre which falls below the maximum density of 14 units/acre allowed in an R-3 zone. The proposed commercial area is located at the west end of the property along the frontage road of Trunk Highway 3. v The site is bounded by single-family development to the south (facing away from proposed development), commercial warehousing to the north and the proposed Bristol Square Townhomes development to the east and the Trunk Highway 3 Frontage Road to the west. Private streets for the development are proposed to be 24 feet in width and constructed with curb and gutter. A 16-foot connecting travelway at the southwestern edge of the property connects two 24-foot roadways in order to provide adequate circulation for emergency vehicles. The project is west of and will be interconnected with the proposed Bristol Square Townhome development. This will allow traffic to access both sites at numerous locations. However, during the construction of Glenview Townhomes, the Developer has proposed that no construction traffic access the Bristol Square development, therefore requiring that Glenview construction traffic be routed to the Trunk Highway 3 Frontage Road. The Developer will utilize the Trunk Highway 3 Frontage Road by constructing the interior street system in Glenview at one time rather than phasing the project from the east end of the site to the west as originally planned. MNDOT has reviewed the information forwarded by the City regarding improvements to the frontage road and has indicated a willingness to consider the frontage road improvements for eligibility as a cooperative agreement project. This would include improvements at the intersection of Trunk Highway 3 and Willow Street. The design would realign the frontage road easterly after the intersection to allow for better sight and stacking distance for frontage road vehicles, similar to the geometrics at Elm, Spruce or Larch intersections along trunk Highway 3. Additional property would need to be acquired from Wausau Supply Company to accomplish the desired layout. There are three possible scenarios for funding the frontage road improvements: 1. Require Mr. Giles to pay for the improvements to the frontage road because his development will generate the most traffic from the land uses along the roadway. Mr. Giles has stated that he supports the frontage road improvement and agrees to pay his proportionate share of the cost; however, he feels that the cost should be born by all affected and benefiting properties (see attached letter), not just his development. 2. The City includes the project in the 1999 CIP and assesses Mr. Giles, Wausau Supply Company and other benefiting properties for the costs of the improvements. Wausau has not expressed interest in this project to date and, therefore, condemnation for the right-of-way may be necessary. 3. The City includes the project in the 1999 CIP and MNDOT provides funding assistance through the cooperative agreements program. The earliest the project could be included in MNDOT's program is fiscal year 2000, which would allow construction after July 1, 1999. The proposed project would be evaluated along with all other applications and it is not guaranteed that MNDOT will select the project for the 2000 fiscal year. The remainder of the costs not funded by MNDOT would need to be assessed to the Glenview project, Wausau or both. The frontage road issues have not been resolved at this time, and final plat approval should be contingent upon the resolution of the funding issues for the frontage road by the City Council. The Engineering Division has reviewed the construction plans and has requested numerous revisions. Therefore, the final plat approval should be contingent on the resolution of engineering issues and compliance with any required revisions to the construction plans. ACTION REQUESTED City staff recommends approval of the Glenview Townhomes and Commercial Final Plat contingent upon the following: I. The resolution of the Trunk Highway 3 frontage road issue with MNDOT, Mr. Giles and Wausau Supply Company. The Developer must agree to waive any and all objections to the assessments for the construction of the frontage road as determined by the City Council, including the claim that the assessments exceed the benefit to all properties within the project area; this would include the Wausau property. 2. That the frontage road be constructed in 1999. 3. That the City Engineer approves the resolution of engineering issues and compliance with any required revisions to the construction documents. 4. That Final Plat approval is contingent upon the preparation and execution of the Development Contract and approval of the construction plans. Res~, ~ Lee Smick, AICP Planning Coordinator RESOLUTION NO. APPROVING FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT GLENVIEW TOWNHOMES & COMMENRCIAL FINAL PLAT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 3rd day of August, 1998 at 7:00 P,M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, the fmal plat of Glenview Townhomes & Commercial is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the 24th day of February, 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 fmal 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 fmal plat be approved and that the requisite signatures are authorized and directed to be affixed to the fmal plat with the following stipulations: I. The resolution of the Trunk Highway 3 frontage road issue with MNDOT, Mr. Giles and Wausau Supply Company. The Developer must agree to waive any and all objections to the assessments for the construction of the frontage road as determined by the City Council, including the claim that the assessments exceed the benefit to all properties within the project area. 2. That the frontage road be constructed in 1999. 3. That the City Engineer approves the resolution of engineering issues and compliance with any required revisions to the construction documents. 4. That Final Plat approval is contingent upon the preparation and execution of the Development Contract and approval of the construction plans. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of August, 1998. Mayor (Acting) Attested to the _ day of August, 1998. City Administrator I ' ~! ~II i~! = -__ ~ I~I' ~~~ ! I 1- - - I :18 I i!;~ ~.. I ~ I~ i II IU I ~ ~~ .,,; L --r~ .... · iiq ~~:~ ~II T --l- -~~ l.Jt, - II! I _jljs 3; 1][ I ~ I @ \ \'i~~.\~ .. ~ L I a I I~.)i. l ~ .....J__~ I \ I \ \ , I \ I \ \ I I \ I I \ I I \ \ I :':'\ ~/ !f ~I I \ \ \ \ ; ~ I; ..... I t: !!Ii I ,~:.1 ti _ f .if.~t~o.'MI \ j~ ...) .ri;, - ~ --~-- ~ ~ \j ~ ~ C) \...) ~ ~ ~ ~ ~ C) E--..t ~ ~ ~ ~ ~ ~ dl fif" Ij-:q &l I""""'. ~,,___U'llll s IS . g t '" N ... g rn1i".ldiIftr.urS . tnot .DlIA&.10 If __m E ON A l' JlH~IH lINIUI~ NJl "'.... lItOt M .It.L&oOO S 4ON'1...._..II.........!AJll 1C CONSTRUCTION, INC. A "Commitment to Excellence" March 31. 1998 Mr. David Olson, Community Development Director Mr. Lee Mann, City Engineer City of Farmington 325 Oak Street Fannington. MN 55024 Re: GJenview TownhomelCommercial Development Dear Sirs: The proposed Glenview TownhomelCommercial Development accesses the existing frontage road on the west end of the project. Recent discussions with the City of Fanninl,.ton, MNDOT and myself have identified increased traffic and potentia! problems with tbe current frontage road configurations at the adjoining streets. Discussions have explored altema~ive ",ontage road improvements to address this increase in traffic. The improvement of the frontage road and redesign of the connecting intersections is an integral part of the commercjal andlo.r industrial sites along this frontage road. The frontage road is also an important link for traffic ciculation for the proposed Glenview Townhome and Wexford Square developments. T support the frontage road improvement project and agree to pay my proportionate share of the cost; however, I feci the cost should be born by all affected and benefiting properties. Further I would encournge the City ofF8J1J1ington to initiate a cooperative agreement with MNOOT to provide fWlding for this project and minimize the local cost 8hare for this project. Additional local fWlding may need to be explored to assist in the completion of the frontage road improvement. If you should have any questions please feel free to contact me at. Sincerely. ~~~\ Tim Giles T.e. CONSTRUCTION cc: Bruce R. Bullert. Community Partners Designs, Inc. TO: City Planning Commission FROM: Lee Smick, Planning Coordinator DATE: July 14, 1998 RE: Glenview Townhomes and Commercial Final Plat Plannine: Department Review Applicant: Tim Giles TC Construction 8343 210th St. W. Lakeville, MN 55044 (612) 808-1317 Engineer: Bruce Bullert Community Partners Designs 405 Division Street Northfield, MN 55057 (507) 645-6044 Referral Comments: 1. Lee Mann, City Engineer Attachments: 1. Glenview Townhomes and Commercial Final Plat 2. Letter from Mr. Giles Location of Property: East of Trunk Hwy. 3 and north of Co. Rd. 72 and south of the Wausau Property (S~ of the N~ of the NW~ of Section 32, Township 114 N, Range 19 W) Size of Property: 11.89 acres --... Number of Units / Density: 89/9.39 VA (units per acre) Existing Zoning: B-1 (Limited Business) R-3 (High-Density Residential) Comprehensive Plan: Commercial, High Density Residentia CitlJ. of Farmint}.ton 325 Oak Street · Farmington} MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591 Surrounding Land Uses: The site is bounded by single-family development to the south (facing away from proposed development), commercial warehousing to the north, undeveloped open space to the east (currently proposed rezoning to R-3). Across Trunk Hwy. 3 are single-family residents. Current Land Use: Undeveloped Open Space, Car Sales Lot, and LP Gas Distribution Facility Terrain: Topography on the site is quite flat with little or no elevation change Project Description: Glenview Townhomes is a proposed 89-unit private townhome development located on the east side of the City. The developer is not proposing to phase the development at this time. The commercial area on the west will be either sold and/or developed by Mr. Giles. Additional Comments: Glenview Townhomes is proposing an 89-unit private development along with a proposed commercial area on 11.89 acres. The proposed commercial area consists of 2.41 acres and is zoned B-1 and the proposed residential area consists of 9.48 acres and is zoned R-3 with a density of 9.39 units/acre which falls below the current requirement of 14 units/acre in an R-3. The proposed commercial area is located at the west end of the property along the frontage road of Trunk Highway 3. Private streets are proposed for the development and are measured at 24 feet in width and constructed with curb and gutter. A 16-foot lane at the southern edge of the property connects two 24- foot roadways in order to provide adequate circulation for emergency vehicles. At the June 23, 1998 Planning Commission meeting, discussions concerning the traffic flow of construction vehicles between Glenview and the adjacent Bristol Square development surfaced at the schematic plan presentation for Bristol Square. Initially, both developments contracted the same engineer, therefore, initial design of the projects showed them phasing from the shared property line. This allowed construction access for Glenview to move through the Bristol Square development and access onto County Road 72. However, conditions have changed with the hiring of a new engineer for Mr. Allen, Developer of Bristol Square. At the June 23rd meeting, Mr. Allen stated that he is against allowing any construction traffic from Glenview to access through his development to reach County Road 72. His reasons include the following: 1. Additional construction traffic from the Glenview development may cause increased wear on the roadway system in Bristol Square that Mr. Allen would have to incur. 2. Marketing the Bristol Square site might become more difficult with construction traffic from Glenview accessing the site. However, Mr. Allen insured the Planning Commission that the interconnection of the two developments was important for the movement of traffic, but while the developments were being constructed, construction traffic from Glenview would not be allowed. Therefore, City staff recommended that a meeting be set up with Mr. Giles immediately to determine a different access for the Glenview construction traffic. A meeting was held on June 29, 1998 where Mr. Giles stated that he would not access the Bristol Square site. He will utilize the Trunk Highway 3 frontage road by constructing the interior street system in Glenview at one time rather than phasing the project from the east end of the site to the west as originally planned. MNDOT has reviewed the information forwarded by the City regarding improvements to the frontage road and has determined that the frontage road should be improved at the intersection of Trunk Highway 3 and Willow Street. This design would realign the frontage road easterly after the intersection to allow for better sight and stacking distance for frontage road vehicles. Additional property would need to be acquired from Wausau Supply Company to accomplish this improvement. The improvement would be similar the one constructed at Trunk Highway 3 and Elm Street completed earlier this year. There are three possible scenarios for funding this improvement: 1. Require Mr. Giles to pay for the improvements to the frontage road because his development will generate the most traffic from the land uses along the roadway. Mr. Giles has stated that he supports the frontage road improvement and agrees to pay his proportionate share of the cost; however, he feels that the cost should be born by all affected and benefiting properties (see attached letter). 2. The City approves of the project in the CIP and assesses Mr. Giles and Wausau Supply Company. Wausau has not expressed interest in this project to date and, therefore, condemnation for right-of-way may be a necessity. 3. The City approves of the project in the CIP and MNDOT provides funding assistance, which would have to be placed in MNDOT's CIP and listed on a needs basis by MNDOT. The soonest the project could be included in MNDOT's program is fiscal year 2000, which would allow construction after July 1, 1999. The remainder of the costs not funded by MNDOT would need to be assessed to the Glenview project, Wausau or both. As illustrated, the frontage road has not been resolved at this time, and final plat approval should be contingent upon the resolution of the frontage road funding issues by the City Council. Requested Action: City staff recommends approval of the Glenview Townhomes and Commercial Final Plat contingent upon the following: 1. The resolution of the Trunk Highway 3 frontage road issue with MNDOT, Mr. Giles and Wausau Supply Company. 2. The frontage road being completed by 1999. 3. All major engineering issues have been resolved and Final Plat approval at the City Council will be contingent on the preparation and execution of the Development Contract and approval of the construction plans. TO: Lee Smick, Planning Coordinator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Review of Final Plat for Glenview Townhomes DATE: July 10, 1998 The engineering staff has reviewed the Charleswood Development plans relative to final plat issues. Engineering staff recommends approval of the plat at the planning commission level with the following comments: 1. It is recommended that final plat approval be contingent on the resolution of the frontage road issues and construction of the project in 1999. 2. Easements need to be granted to the City for all public utilities. 3. Final plat approval at the Council level will be contingent on the preparation and execution of the Development Contract and approval of the construction plans by the engineering division. Respectfully submitted, 'Jk ?'J1 ~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file I Citl) of Farmint}.ton 325 Oak Street · Farmint}ton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591 .' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us IOf TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Proposed 1999 City Budget - Distribution DATE: August 3, 1998 INTRODUCTION Per City Code requirements, the City Administrator is required to submit a consolidated annual budget identifying proposed revenues and expenditures, and planned operations and activities for the next fiscal year. DISCUSSION In keeping with Council policy direction, the key factors that guided the preparation of the proposed budget were: 1. a commitment to maintain the 1999 local tax capacity rate at the same level as in 1998, while continuing to provide the highest possible levels of service; 2. a fiscal goal that works toward establishing the General Fund balance designated for working capital at no less than 25% of planned 1999 General Fund expenditures; 3. a commitment to maintain the 1999 debt service levy at no more than 25% of the total city levy; 4. a comprehensive review of the condition of capital equipment to ensure the most cost- effective and consistent replacement schedule is followed; 5. a team approach that encourages strategic planning to meet immediate and long-term operational, infrastructure and facility needs; and 6. a management philosophy that actively supports the implementation of Council policies and goals and recognizes the need to be responsive to changing community conditions/concerns. Proposed 1999 City Budget highlights include: ~ A proposed reduction in the City's local tax capacity rate from 33.6 percent in 1998 to 32.5 percent in 1999. This marks the second consecutive year in which the City's tax rate will be reduced by a full 1.1 percentage point, for an effective 3.3 percent reduction from the prior year. ~ A proposed reduction in solid waste residential pick-up rates is proposed in the 1999 Solid Waste Enterprise Fund Budget. This reduction is the result of a financial review of enterprise fund operations which suggests that a monthly rate reduction of $1.50 for residential .. Mayor and Councilmembers 1999 Proposed Annual Budget August 3, 1998 Page 2 customers with 30 and 60 gallon containers, and a monthly rate reduction of $2.50 for residential customers with 90 gallon containers is appropriate at this time. From a residential rate perspective, these proposed reductions will bring the City's rate structure in line with neighboring communities. This reduction still provides for an adequate return to the fund, and maintains operating margins for solid waste activities well within fiscal guidelines. ~ The designation of approximately $65,000 to fund balance in the 1999 General Fund Budget that will increase fund balance reserves from 13.2% in 1998 to 14.6% of planned 1999 expenditures. This financial designation continues to move the City to an overall fund balance reserve goal of no less than 25% of planned budgetary expenditures in the next fiscal year. ~ The proposed purchase of new playground equipment, with any excess earnings earmarked to Ice Arena operations funded entirely through a transfer from Liquor Store operations. Funding is authorized through retained earnings from Liquor Store operations per City Council policy established several years ago. This marks the second year in which retained earnings will be used for the purchase of new playground equipment upgrades, and the first year that Liquor Store earnings are at a level capable of providing financial support for Ice Arena operations without having to resort to General Fund subsidization. ~ Significant expenditures for public facility structures, primarily roof replacement, for the Farmington Library, Senior Center and Fire Station are proposed to ensure that the structural integrity of public facilities remains uncompromised. LEGISLATIVE CHANGES One particular issue that has again created a significant challenge in the budgeting process was the financial impacts of legislative changes in the local government tax formula. Estimates provided by Dakota County indicate that the City will lose another $500,000 in new tax capacity value due to legislative changes in the property classification tax rate formula. Over two years, this represents a loss of over $1.2 million in new tax base from what the City would have expected to receive in new tax capacity growth under pre-legislative changes. In response, City staff has taken a very conservative approach in developing the budget document, and even with this significant legislative change was able to reduce the local tax capacity rate. More in-depth information and highlights are contained within the Proposed 1999 Budget document that will be formally presented to Council at the August 3, 1998 Council meeting. In order to provide Council with an opportunity to more fully review the proposed document, a Council budget workshop has been scheduled for Wednesday, August 19, 1998 at 6:30 p.m. ACTION REOUESTED Accept receipt of the Proposed 1999 Budget document that will be formally presented to Council at the August 3, 1998 Council meeting. . Mayor and Councilmembers 1999 Proposed Annual Budget August 3, 1998 Page 3 The scheduling of a Council workshop to review the proposed 1999 Budget on Wednesday, August 19, 1998 at 6:30 in the Council Chambers has already been approved. If Council members have questions on the proposed budget prior to the workshop date, please contact Finance Director Roland or me at your convenience. ubmitted, '000 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 /OJ TO: Mayor and Councilmembers City Administrator~ FROM: David L. Olson Community Development Director SUBJECT: Dakota County Environmental Testing Report - Presentation DATE: August 3, 1998 INTRODUCTION Ron Spong of the Dakota County Environmental Management Division of the Department of Physical Development will be presenting the results of the County's Preliminary Investigation and Site Assessment of an area in Northeast Farmington. DISCUSSION The firm of Dames and Moore was retained by Dakota County Environmental Management Division to conduct a Phase I Preliminary Investigation and Assessment of an area of Farmington and Empire Township that encompassed approximately 100 acres. The area was bounded by First Street to the west, Spruce Street to the south, Fifth Street to the east and the Vermillion River to the north. Dames and Moore reviewed a number of different sources of historical data, collected and analyzed groundwater and private well samples as well as completed testing at various points along the Vermillion River. Mr. Spong will present a summary of the results of this preliminary investigation and outline the plan for additional investigations and studies for the area in question. BUDGET IMPACT Any possible budget impact to the City is unknown at this point. ACTION REQUESTED For information only. Respectfully submitted, e::- ~~ David L. Olson Community Development Director cc: Ron Spong, Dakota County Environmental Mgmt. J I I I J J I ) J I I I I I I I I I I J FINAL REPORT - AREA G: PHASE I PRELIMINARY INVESTIGA TION AND SITE ASSESSMENT NORTHEAST FARMINGTON. MINNESOTA 1.0 EXECUTIVE SUMMARY Dames & Moore was retained by the Dakota Co~ty Environmental Management Department (Dakota County) to conduct a Phase I Preliminary Investigation and Assessment of Northeast Farmington, Minnesota (targeted area). The purpose of Dames & Moore's Phase I Preliminary Investigation and Assessment was to evaluate what existing or historical activities within this area may potentially present adverse risks to human health through soil or groundwater contamination resulting from ingestion or exposure from future site development of hazardous materials or wastes, also known as a "Recognized Environmental Condition. " The Phase I Preliminary Investigation and Assessment was performed in accordance with ASTM StmdardE 1527-97 and Dames & Moore's proposal dated August 20, 1997, revised September 4, 1997, and authorized by Dakota County on September 11, 1997. The Area G area that was investigated encompasses approximately 100 acres and is bounded by First Street to the west, Spruce Street to the south, Fifth Street to the east, and the Vermillion River to the north (Figure 1). Additional detail of Area G and the surrounding area in Farmington is provided in the folded pocket map. The Vermillion River flows to the northeast. Surficial sediments of Farmington, Minnesota consist mostly of Late Wisconsinan Des Moines Lobe outwash deposits consisting primarily of stratified sands with gravels. These outwash deposits represent a lower glacial-fluvial geomorphic surface that was cut into older Late Wisconsinan Superior Lobe outwash deposits. Quaternary (Holocene) alluvium is present along the Vennillion River in the flood plain. In most areas within the study area these flood plain deposits have been covered with fill. The surficial deposits cover a bedrock valley that on a regional basis roughly coincides with the present course of the Vennillion River. In Farmington, the floor of the paleovalley is approximately 150 to 200 feet below ground surface and is represented by the confluence of two bedrock channels that were incised into the Prairie du Chien Group dolomites. Project Number 33519-013-134 Dakota County Environmental Management Department 1 February 4, 1998 DAMES & MOORE FINAL REPORT - AREA G: PHASE I PRELIMINARY INVESTIGA TION AND SITE ASSESSMENT NORTHEAST FARMINGTON. MINNESOTA Potential risks to human health include several sources of groundwater contamination from old dump sites, underground storage tanks (USTs), aboveground storage tanks (ASTs), former coal piles, former railroad activities, grain storage, agricultural chemicals, chlorinated solvents of an undetermined origin, and possible unsealed fire-prevention wells and cisterns. A 6O-inch storm sewer pipeline that discharges into the Vermillion River appears to serve as a groundwater collector and conduit for low levels of dissolved contaminants. Physical safety hazards are present within the channel of the Vermillion River north of the Elm Park Dump due and include sharp rusty metal objects and tripping hazards (such as rebar) originating from refuse material that was scoured from the bank fill and redeposited in the river. The Vermillion River is a Minnesota Department of Natural Resources-designated trout stream. Historical Sanborn Fire Insurance maps indicate that six five-inch diameter wells having a depth of 45 feet were present in the downtown area as of 1917. The depth of an additional 10-inch diameter well was not reported, but it was likely deeper. The status of these historical wells is not known. However, but it is probable that they were not sealed and abandoned to current standards and thus could serve as a potential vertical conduit for contaminant migration within the surficial aquifer. Sanborn maps also indicate that various frre wells and cisterns were present in the Farmington downtown area before this time. Most of these wells were located in the streets and any surficial evidence for them has likely been paved over. Groundwater in the Area G portion of Farmington, Minnesota is typically encountered within 10 to 15 feet of the ground surface (depending on l~tion). _ The sandy soils are highly permeable to surface water infiltration. Public water supply wells and one industrial well have open boreholes that are within 10 feet of the Quaternary sedimentlPrairie du Chien bedrock aquifer contact. These wells have the potential to draw groundwater (and possibly contaminants) from the surficial aquifer into the bedrock aquifer under sustained pumping. The Prairie du Chien (bedrock) Aquifer serves as the public drinking water supply. Project Number 33519-013-134 Dakota County Environmental Management Department 2 February 4, 1998 DAMES & MOORE r,-' t. r' [r Lj [] [I [i [I L [, i 'I' [1] .... n; ! L [J [1] [...11 , I . I J' I I I rl Lr [J i i [I] [J "'1 L~ [J i l _ FINAL REPORT - AREA G: PHASE I PRELIMINARY INVESTIGA TION AND SITE ASSESSMENT NORTHEAST FARMINGTON. MINNESOTA IVo f, rl- i C(.-hC .1 . . Hl<J..f/VlCL~+ Low levels of chIonnated solvents have been detected m groundwater samples collected from { private wells located to the northeast of Area G. The most widespread contaminant appears to be tetrachloroethene (PCE). PCE has been detected in sandpoint wells as shallow as 13 feet, li #!(;Y'f ~ and as deep as 140 feet in the same general area. This suggests that there may be more than -r'.-t.a~ · fPeE " d th'd d . al distri'b. Th high n,;:ml;YLL one source 0 contaminatIon ue to e WI esprea vertIc utlon. e est (r?h/1'):Jd-K;i\ concentrations ofPCE encountered to date are located upgradient (in water samples taken (;;t;f;}'f/hld\ from some shallow Geoprobe borings) in an abandoned lot in the southeast corner of Fourth ?:.:;f11 t:-rJ ami Main Streets. Historical aerial photographs suggest that this site may hsve had vehicular ~~ traffic crossing the western portion of the lot in the 1930's. Aerial photographs also indicate. . rv~u;; r that truck trailers were stored on the east side of the building in the 1960's. fff:.:r':.tef A hydraulic connection exists between the Vermillion River and the surficial aquifer. During periods oflow river flow, groundwater discharges into the river (a gaining stream). Based on hydrographs, this condition is most common in the fall and winter months. During periods of high river flow, this condition is reversed and surface water enters the aquifer under bank storage conditions (a losing stream). Hydrographs indicate that this condition is most likely during the melting of the snow pack in late winter, and again during the summer months following periods of thunderstorm activity. Flow characteristics of the Vermillion River are asymmetric and are characterized by a rapid rise and gradual decline of water levels. A combination of stream elevation, stream gaging, nested piezometer installation, groundwater level measurements, and seepage meter data was used to assess hydraulic interactions between the aquifer (groundwater) and the river (s~3:ce wa~r). These results indicate that the Vermillion River in Fannington has a hydraulic gradient of 0.0017 feet/feet (rise over run, October 17, 1997, measurement). Stream gaging measurements with a current meter, showed progressive downstream declines in river flow volume within Area G. Measured hydraulic conductivities are consistent with those for a sandy aquifer. Project Number 33519-013-134 Dakota County Environmental Management Department 3 February 4, 1998 DAMES & MOORE FINAL REPORT - AREA G: PHASE I PRELIMINARY INVESTIGA TlON AND SITE ASSESSMENT NORTHEAST FARMINGTON. MINNESOTA Groundwater elevations indicate that groundwater flow in Area G is northeast toward the Vermillion River. A 6O-inch sewer line exerts a significant effect on groundwater within Area G and acts as a large tile drain on the hydraulic regime. This sewer line discharges into the vermillion River and is a known contaminant interceptor based on MPCA file information. Water chemistry of the vermillion River is characterized by a relatively high dissolved oxygen content, a neutral to slightly alkaline pH, and slightly reducing conditions (with respect to iron). River water had pH values ranging between 7.02 and 8.01 units, and oxidation-reduction potential (Eh) values of +86 m V to +105 m V. Rust-coated (i.e., oxidized) rebar rods driven into the river bed were reduced to a gray color in the river environment suggesting an iron-reducing environment. In contrast, November 1997 groundwater samples indicated that Elm Park Dump groundwater was highly oxidized (Le., Eh values of +600 mV to +630 mV). December 1997 groundwater samples had Eh valuesfor the dump ranged from +560 mV to +580 mY. These laboratory results are suspect as they are contrary to what was measured and observed in the field. In addition, positive Eh values of this magnitude (If correct) would geochemica11y preclude the generation of methane gas at the dump site. Several recognized environmental conditions (RECs) were identified within Area G. It is recommended that the following areas be investigated in order to protect public health. . Investigate source(s) of halogenated compounds in the groundwater as these present the most significant risk to human health. Such an investigation will likely require the installation of a monitoring well network. . Investigate the status and condition of the old fire wells and cisterns located in downtown Farmington. These wells if unsealed, have the potential for serving as vertical conduits for contaminant transport. Project Number 33519-013-134 Dakota County Environmental Management Department February 4, 1998 DAMES & MOORE 4 [.L_.. . ]-J [~=] [,-=l []~ r1TI [-=l ~~ J I ~J r~ ~-J a-l l~,-J ! r-J c.,- [ J r-l I... "_'.~~ 1- ~ t- I "-J t- -l -.. [J - I ", .. J 1 ] ] ] ] 1 I ].-.' - - ]j J I J 1 l 1 ] J FINAL REPORT - AREA G: PHASE I PRELIMINARY INVESTIGA TION AND SITE ASSESSMENT NORTHEAST FARMINGTON. MINNESOTA . Assess the potential for cross contamination between the bedrock and surficial aquifers by installing at least one set of nested piezometers in the downtown area. · Remove Elm Park Dump derived-debris from the Vennillion River channel and adopt long-term measures to prevent future waste deposition into the river. This could be accomplished through the excavation and removal of deposited debris from the former (and now filled) floodplain and wetland area. · Remove debris at the Kuchera Dump site. · Monitor storage and waste-handling practices at Willy's Minneapolis. · Inspect the outlet to the 60-inch storm sewer to determine whether petroleum product is being discharged to the Vermillion River. Project Number 33519-013-134 Dakota County Environmental Management Department 5 February 4, 1998 DAMES &: MOORE ~~ TO: City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us //CL FROM: SUBJECT: Draft ordinance regulating train whistles DATE: August 3, 1998 INTRODUCTION As directed, I have drafted a proposed ordinance regulating the sounding of train whistles within the City. I have also drafted an accompanying resolution documenting the basis for the City Council's action. DISCUSSION The draft ordinance is modeled after the ordinance recently adopted by the City of St. Paul. The only difference between the draft and the St. Paul ordinance is that the draft would only limit rail company practices between the hours of 11 p.m. and 7:00 a.m. This time frame is not based on any other city or state restriction, but rather is simply a suggestion that I am offering for council consideration. I considered the time frames we usually insert in development agreements, but decided against recommending them to the Council due to their complexity. For your reference, city development agreements typically restrict major construction related activity as follows: Monday - Friday Saturday Sunday 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed Obviously, the Council can choose to change or discard the proposed time frame restriction. BUDGET IMPACT None. ACTION REOUIRED Amend and adopt the attached resolution and ordinance as deemed appropriate by the City Council. Respectfully submitted, 9.2.2:~~~ City Attorney ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 8, CHAPTER 7 OF THE FARMINGTON CITY CODE PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE WHISTLES AT GRADE CROSSINGS IN THE CITY THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 8, Chapter 7 of the Farmington City Code is amended to add a new section to read as follows: 8-7-3: SOUNDING LOCOMOTIVE WHISTLES: Between the hours of 11:00 p.m. and 7:00 a.m., no person shall sound or blow any whistle of any locomotive within the city limits, except as a warning of imminent and immediate danger to life or property. The sounding of any locomotive whistle shall be prima facie evidence that it was sounded by the engineer operating the locomotive. SECTION 3. This ordinance shall be effective immediately upon its passage. ADOPTED this City of Farmington. day of , 1998, by the City Council of the CITY OF FARMINGTON BY: Gerald Ristow, Mayor ATTEST: , Clerk 63895.02 .., (Reserved for Recording Data) RESOLUTION NO. A RESOLUTION SETTING FORTH FINDINGS IN SUPPORT OF ORDINANCE PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE WHISTLES AT GRADE CROSSINGS IN THE CITY WHEREAS, the City Council for the City of Farmington finds that the sounding of railroad locomotive whistles at grade crossings is on the increase. The increased use of railroad locomotive whistles at grade crossings throughout the City and especially in residential neighborhoods near railroad grade crossings has created an atmosphere that is conducive neither to the quiet enjoyment of property nor to the peace and dignity of the City. For the purposes of protecting and promoting the safety, welfare and convenience of the public, and the safety, welfare and convenience of the railroad employees operating locomotives in the City and in conformance with Minn. Stat. ~ 219.567, the council finds it necessary to establish the following noise regulation pertaining to railroad locomotive whistles. 63893 ., ~ . . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington: 1. The City hereby adopts the foregoing findings in support of Ordinance No. , An Ordinance Amending Title 8, Chapter 7 of the Farmington City Code Providing for the Regulation of Railroad Locomotive Whistles at Grade Crossings in the City. ADOPTED this day of , 1998, by the City Council of the City of Farmington. CITY OF FARMINGTON (SEAL) BY: Mayor ATTEST: Clerk 63893 -2- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us //b TO: Mayor & Councilmembers City Administrator~ Robin Roland, Finance Director Joel Jamnik, City Attorney FROM: SUBJECT: Consideration of Non Exclusive Gas Utility Franchise Ordinance DATE: August 3, 1998 INTRODUCTION Background The City of Farmington currently has a nonexclusive gas franchise ordinance with Peoples Natural Gas Division of Northern Natural Gas Company. This gas franchise was adopted in November of 1978 and is in effect for twenty five years from that date. In February of this year, Mr. Arne Hendrickson, Program Manager, Local Government and Economic Development of Minnegasco contacted the City to inquire if the City would consider a second gas franchise ordinance for Minnegasco to service the new Genstar development, Charleswood. Minnegasco's request was forwarded to the City Council at the April 6, 1998 meeting and staff was authorized to work with Minnegasco on a second gas franchise ordinance. In the course of discussions with Minnegasco, staff contacted Peoples Natural Gas to advise them of Minnegasco's request and the City's review of the potential issues involved with two natural gas providers in the municipality. Staff has had meetings with both Minnegasco and Peoples to discuss issues of mutual concern to all parties. DISCUSSION Executive summary There are three principal issues involved with allowing a second natural gas franchise in the City: public safety, competition and excess capacity. The public safety issue revolves around the dual piping of gas service into the community. With two companies with pipes in the ground, confusion could exist in an emergency as to which company to call. This ultimately could delay response to the emergency and result in a risk to the community for the time required to remedy the situation. In recognition of the potential safety hazards, the surrounding communities of Lakeville, Rosemount and Eagan do not allow dual piping. Dakota County discourages dual piping, but would accede to the City's decision. Currently, there exists a stretch of dual gas piping in Lakeville along CSAH 31. On June 12, 1998, one of the lines was hit during the CSAH 31 reconstruction project. The contractor did not know who owned the line and the resulting overall confusion caused unnecessary delay in response to the potentially dangerous situation. Dual piping in the City would only increase the chances of the potential problem illustrated by this incident. Competition and the potential for lower natural gas prices for the consumer is another consideration. Economic theory would have us believe that the more competitors offering the same goods would drive the price of the goods down to the benefit of the consumer. On the surface, that theory would seem to apply here. Two gas companies would give residents a "choice" and price would be driven down. However, residents would not be able to choose between the two gas companies as they currently may choose between phone services or grocery stores. Piping to each development would determine which one company would service the entire development. The developer would determine the natural gas vendor for that development. In addition, the Public Utilities Commission ultimately regulates all natural gas pricing in the state and little if any difference exists between the rates seen by the end users of different companies. Moreover, a practical consideration would be "Do we really want (or need) additional infrastructure in the public right-of-way?" Future deregulation of the natural gas industry would have natural gas vendors using one set of piping much like long-distance telephone service. Creation of dual infrastructure now would increase costs which would need to be recovered in the future, which is characterized by the industry as "stranded costs". These costs could actually lead to higher natural gas rates for existing customers. Even without consideration of the deregulation issue, creation of duplicate infrastructure does not appear to be a desirable situation. The State Statute regulating Public Utilities addresses this issue. Section 2168.01 reads as follows: It is hereby declared to be in the public interest that public utilities be regulated as hereinafter provided in order to provide the retail consumers of natural gas and electric seNice in the state with adequate and reliable seNices at reasonable rates, consistent with the financial and economic requirements of public utilities and their need to construct facilities to provide such seNices or to otherwise obtain energy supplies, to avoid unnecessary duplication of facilities which increase the cost of seNice to the consumer and to minimize disputes between public utilities which may result in inconvenience or diminish efficiency in seNice to the consumers. Legal assessment The City Council has the authority to determine if, and under what conditions, Minnegasco may operate within the City. State law provides that: A corporation may be organized to * * * furnish power for public use, and any work for supplying the public, by whatever means, with water, light, heat, or power, including all requisite subways, pipes, or other conduits * * *. No corporation formed for these purposes may construct, maintain, or operate a * * * pipe line or other conduit * * * in or upon a street, al/ey, or other public ground of a city, without first obtaining from the city a franchise confirming this right and compensating the city for it. Minn.Stat. 9300.03 (1998) As stated by the Minnesota Supreme Court, "The power to grant a franchise is a high legislative trust, delegated to municipalities in this state. A municipality in this state thus has the authority to grant franchises to those it deems best qualified and who willingly subject themselves to the control vested in the municipality. City of Saint Paul v. Northern States Power Co., 462 N.W.2d 379, 383 (Minn. 1990). In another case, the Minnesota Supreme Court observed~ Utilities furnishing such services must be subject to reasonable regulations in order to properly protect the consumer and the public. Our statutes prohibit unfranchised utilities from operating competitively in any city or viI/age in this state and thereby foreclosing governmental control of these essential services. Vil/aae of Blaine v. IndeDendent School Dist. No. 12. Anoka County. 138 N. W2d 32, 39 (Minn. 19651 The power to grant a franchise is protected by the authority to prevent non-franchised operations. "If a municipality refuses to consent to an application from a private or municipal utility to provide service within the boundaries of the municipality, it has the statutory authority to prevent the utility from providing such service in competition with franchised utilities." City of Saint Paul v. Northern States Power Co., 462 N.W.2d 379,383 (Minn. 1990). Under the current statutes and case law, the City has the authority to deny a franchise to Minnegasco, provided the denial is not based on any improper motive, but rather is based on protecting the public health, safety, and welfare. Conversely, the City has the authority, under the same statutes and case law, to grant an additional franchise to Minnegasco if the City Council determines that an additional natural gas provider would promote the health, safety and welfare of city residents. The statutes and regulatory system of the state do prohibit or limit competition by granting exclusive service areas to public utilities to the extent they once did, and the City's franchise with People's is specifically a "non-exclusive" franchise. In analyzing the non-exclusive franchise in the Blaine case, the Minnesota Supreme Court concluded: "It is undisputed that the franchise in the instant case was nonexclusive in character. The village itself could compete with North Central or could allow another gas utility to do so. Villaoe of Blaine at paoe 44. Obviously, either gas company could bring a legal action against the City for whatever decision the Council makes. Ultimately, however, the City will be able to successfully defend and sustain whatever policy decision the City Council makes regarding the issuance or denial of an additional natural gas franchise, provided the decision is rational and intended to promote public health, safety and welfare. RECOMMENDATION It is recommended that the City Council of the City of Farmington not grant a second nonexclusive natural gas franchise to Minnegasco, Inc., at this time. Respectfully submitted, ##J Robin Roland Finance Director ~~ City Attorney cc: Arne Hendrickson, Minnegasco Dave Perron, Peoples Natural Gas 2665 145th Street West P.O. Box 455 Rosemount, MN 55068-0455 612-423-8900 Fax: 612-423-6682 July 6, 1998 UTIUCORP UNITED ENERGYDNE Robin Roland Director of Finance City of Farmington 325 Oak St Farmington, MN 55024 Re: Natural Gas Franchise Opportunity - Issues and Concerns Dear Ms. Roland: Peoples Natural Gas would like to thank you, John Erar and the other Farmington staff members who attended and facilitated the meeting on June 26, 1998, with the city, Peoples Natural Gas and Minnegasco. As the natural gas franchise holder in Farmington, we appreciated having the opportunity to meet with the city to discuss Minnegasco's desire to obtain a franchise from the city to run dual pipe to serve the Genstar subdivision. The enclosed attachment contains Peoples' responses to the city's questions as contained in the June 26 fax from John Erar. Please feel free to contact me (423-8920) if the city has follow-up questions orissues it would like to discuss. Peoples values its relationship with the city and residents of Farmington. Thank you for the opportunity to participate in developing a beneficial plan which will serve the community needs now and in the future. &1~ Dave Perron Director, Customer Operations cc: John Erar, City Administrator Joel Jamnik, City Attorney City of Farmington Natural Gas Franchise Peoples Natural Gas Response July 6, 1998 1. Public safety issues as it relates to dual piping concerns, i.e. detection, vendor response and supporting facts. In order to pipe anywhere within the city limits of Farmington, Minnegasco would need to parallel Peoples' existing system which has been in place for several years. A community having more than one company's pipe in the ground wastes precious time in emergencies, prolonging the emergency and endangering citizens, emergency personnel and property. Local fire and police could have difficulty figuring out which utility to contact in dual piping situations. An example of this occurred in Spring Lake Township. Peoples Natural Gas was notified of an underground leak. All utilities located their lines, and only after the line was excavated did anyone discover the line belonged to Minnegasco. An illustration of confusion over a line hit within Peoples' service area occurred in Farmington on June 12, 1998. In this case, multiple utilities were located within blocks of one another. The contractor was confused over which utility to contact and called everyone. While Peoples responded quickly and made the area safe, this situation illustrates our concern over the consequences of dual piping. Please review the attached article from the May/June 1998, Underground Focus Magazine. The incident that is highlighted occurred in Arteret, New Jersey but illustrates our concerns on dual piping systems. If there is an outage due to a line hit or system malfunction and a large number of residential customers are affected, timely restoration of service is critical. More than one natural gas system creates confusion and delays in restoring service. Peoples would ask the city to review how their neighboring communities have handled this Issue: . Eagan, Rosemount and Lakeville do not allow dual piping due to the safety aspect. Dakota County has honored the decision of these communities by not allowing dual systems on county roads within these communities. If Farmington does not allow dual piping, Dakota County will honor that decision for county roads in Farmington as well. The only exception to this would be system integrity (low capacity and/or pressure) situations where parallel lines may be required to maintain an existing distribution system. A system integrity situation would be limited and should be treated on an exception basis. As stated by Minnegasco at our June 26, 1998 meeting with the city, Minnegasco's proposal is not a system integrity issue but strictly a desire for growth. . Peoples was approved and had some financial investment to pipe two projects on 170lh Street in Lakeville. When we discovered that we would be paralleling Minnegasco's system to do this, we turned these projects over to Minnegasco. This example illustrates Peoples' commitment to forego company growth in the interest of safety. 2. Potential effect on emergency service responses if more than one natural gas vendor is providing services and a discussion of how Minnegasco and Peoples would handle this issue within the city, i.e. educational efforts and programs, training. Training and educational programs are a requirement of the Department of Transportation and Office of Pipeline Safety. All natural gas utilities offer this service to the communities they serve. When more than one utility is serving a community, the training is redundant. The process itself becomes more confusing as the training focuses on which utility has piped a sub-division, rather than on the welfare of the entire city. Peoples has seven employees that live in Farmington and could be available in emergency situations. Our Rosemount service center is minutes away. Where is the efficiency and effectiveness of having two gas companies respond to the same emergency? 3. How the issues associated with inconsistent service delivery boundaries would be dealt with by Minnegasco and Peoples. In effect, preventing the undesirable effect of having two different vendors serving contiguous development subdivisions. Because of the way Peoples' system is laid out, any natural gas main by a company other than Peoples would entail duplication of Peoples' system. To prevent the undesirable effect of having two different vendors serving contiguous development subdivisions, the city can take steps now to minimize the impact of dual piping and ensure the well being of its residents, similar to steps taken by Eagan, Rosemount and Lakeville. Peoples and other utility companies are currently experiencing problems created by dual systems within a community. Even with attempts to educate the residents, builders and developers, there is still confusion about which utility is their provider. City of Farmington Natural Gas Franchise Peoples Natural Gas Response July 6, 1998 Page 2 4. For Peoples Natural Gas, discuss the level of capital investment your company has made in Farmington and the effect competition would have on that investment, along with any implications competition would have on your existing customer base. Peoples has made a substantial investment in the City of Farmington: . 343,200 feet (65 miles) of gas main . 3,668 service lines . Capital investment of $2.5 Million . Currently serve 4,000 customers (meters) . Over 600 residents have ServiceOne, our appliance repair program Peoples' gas system in Farmington was intentionally designed to handle Farmington's gas load for today and for the anticipated growth needs well into the future. For example, in 1992, Peoples installed a 4-inch natural gas line along 195th Street where the Genstar development is located. Now, Minnegasco would like to run a natural gas line on Pilot Knob Road from 175th Street down to 195th Street, then west to the Genstar development, paralleling Peoples' line along Pilot Knob and 195th for approximately two miles. 5. For Minnegasco, discuss the issue of how competition would positively affect the end consumer in terms of cost savings and the benefits that the community would experience by having two natural gas vendors. 6. For both companies, discuss the key points of your position as it relates to the city either granting or refusing a franchise agreement to Minnegasco. Please be brief and keep your arguments focused on how your decision will ultimately affect the ratepayer, the city's public and emergency response services and, in general, the community. Franchise: Peoples Natural Gas believes that the needs of Farmington have been met over the past 60 years. Our position is that an additional franchise offers no benefit to the residents of Farmington. This is supported by natural gas deregulation and future customer choice options. An example of this position occurred in Inver Grove Heights, whereby the city elected to maintain only one natural gas provider. Rate Payers: Stranded Costs: Peoples' system was built with the future in mind. Citizens are cUlTently paying for these investments through our rates. Without future utilization of this system (growth), many of these costs would be unnecessary, yet, the costs would continue to be borne by CUlTent rate payers. City of Farmington Natural Gas Franchise Peoples Natural Gas Response July 6, 1998 Page 3 Peoples' last rate case was in 1991. This rate case addressed company expenses and investments up to that point. Since 1991 Peoples has continued to design its distribution systems to serve present and future needs, which includes approximately $240,000 for the "Genstar" area. If Peoples is not allowed to utilize this investment, the associated costs would be considered stranded. Emergency Response Services: The neighboring communities of Eagan, Rosemount and Lakeville do not allow dual piping for safety reasons. Dakota County has honored the decision of these communities by not allowing dual systems on county roads in these communities. If Farmington does not allow dual piping, the county will honor their decision for county roads as well. Peoples' position is supported by Minnesota statute #216B.Ol, which provides a legislative finding that regulation over natural gas is necessary for many reasons, including to "avoid unnecessary duplication of facilities which increase the cost of service to the consumer and to minimize disputes between public utilities which may result in inconvenience or diminish efficiency and service to customers." Minnegasco would need to parallel Peoples in order to pipe anywhere within the city limits of Farmington. This could create confusion and may delay emergency response. Community: If there is an outage due to a line hit or system malfunction, it affects a large number of residential customers. Timely restoration of service is critical. 7. Finally, discuss your company's perspective on any excess capacity issues, and the long- term vision of natural gas deregulation in this rapidly changing regulatory environment. Excess Capacity: Peoples Natural Gas currently has excess capacity to serve the current and projected growth in the area of the Genstar sub division off 195th Street. We invested for the projected future growth in this area by installing a 4-inch gas main versus a 2-inch gas main at an additional cost of $40,000. In addition, we invested approximately $200,000 in Enron's TBS (Town Border Station) and Peoples' DRS (District Regulator Station) to augment excess capacity for the projected growth in this area of Farmington. The maturation of the Genstar sub division validates our additional expenditures for excess capacity provided Peoples is allowed to serve the Genstar sub division. Deregulation: Peoples Natural Gas supports natural gas deregulation and subsequent customer choice and believes deregulation will eventually reach the residential level in Minnesota. This customer choice will occur in the future, regardless of which utility owns the pipe in the ground. Natural gas deregulation will follow the telecommunication industry, where multiple companies can sell long distance phone service and utilize space (capacity) on a single company's phone line. City of Farmington Natural Gas Franchise Peoples Natural Gas Response July 6, 1998 Page 4 When legislation is adopted in Minnesota, unbundling the sale and delivery of natural gas service to home owners, the City of Farmington's residents will be able to choose their natural gas provider, regardless of which company laid the pipe in the ground. There is no present or future benefit to Farmington's residents in dual piping. Any supplier, including Minnegasco, will be able to sell natural gas to any Farmington resident, even though Peoples invested in the infrastructure, as natural gas is a pass-through cost. City of Farmington Natural Gas Franchise Peoples Natural Gas Response July 6, 1998 Page 5 . fina:Jly repaired by divers using a tapping sleeve. The main then had to be flushed and sterilized before being put back into service. 03/31/98 PONTIAC MI-A major highway artery was shut down for over a month when a road crew pierced a 51- inch sanitary sewer. They were doing soil borings when the accident occurred. County officials were faced with the deci- sion of whether to replace a 100-foot sec- tion of the pipe or try to patch it. Replacement meant tearing up a large part of the road, but the sewer department was reluctant to try the patch for fear that a lot of dirt may have fallen into the hole in the pipe. 03/02/98 HILLSBORO MO-About 1,700 power company customers were without power for two hours when a con- tractor digging at a new subdivision sev- ered a power cable. A traffic signal at an intersection of two busy highways was out. but an alert police officer quickly took over the directing of traffic. A col- lege was also without power, except for emergency backup to its telephone and computer systems. Reports did not indi- ate if the line had been marked.05/01/98 ANSAS CITY MO-An excavator trying to figure out what he'd unearthed thought cutting open the 4-inch plastic pipe might give him some clues. He used a gasoline saw to do the cutting and quickly got his answer. The pipe was a live gas main. A gas company official said the man was very lucky that the gas did not ignite. Several homes had to be evacuated and a road closed to traffic while the line was repaired.04/0 1/98 ENDERSONVILLE NC-Workers on a highway widening project dam- aged a 4-inch gas main with a backhoe. A supervisor at the site indicated the crew had not called for a locate. and they had- n't intended to dig deep enough to hit the line. There was no ignition and the line was repaired without incident. 04/13/98 OMAHA NE-Telephone cable and water don't mix, especial- when the cable is the type with paper rap, or pulp, insulation. A contractor building a drug store made a major mess 18 when he cut both a water line and a pulp cable while digging a trench. Telephone splicers had to block the water flow and fight to keep their access pit pumped out while they worked through the night to repair the cable. About 800 residences were without service during the outage. Reports did not indicate if the lines had been marked.04/27/98 ANCHESTER NH-Some 210 chil- dren from a day care center, plus 100 other area residents, were evacuated after a backhoe damaged a high pressure gas main. The small backhoe was being used to install electrical conduit to a sign in a parking lot. The children were reportedly able to evacuate the area in about two min- utes. because of previous practice with monthly fire drills. Maintenance personnel working in the basement of the center heard a loud hissing sound and smelled gas. They pulled a fire alarm, which launched the evacuation. Firefighters arrived quickly on the scene and used fans to ventilate the building. 04/21/98 ARTERET NJ-A mistake in geog- raphy by gas company personnel resulted in a gas service line being sev- ered by a building demolition crew. The contractor had contacted the gas company he thought served the building and asked that the gas be shut off. He later received a letter stating that both gas and electrici- ty had been shut off and it was safe to proceed with the demolition. The prob- lem was that the building was in a com- munity served by another gas company. The mistake is being investigated, an official of the errant gas company said.03/24/98 EPTUNE NJ-Some 32 homes were evacuated when a contractor installing new curbs ruptured a gas line. A gas company spokesperson said that the site was marked with flags showing the location of the I-inch line. The evacu- ation only lasted about 20 minutes, but several homes were without gas for over an hour.03/26J98 PARSIPP ANY NJ-A road collapsed after workers installing a sewer line struck a water main and the water washed out the ground beneath the road. The resulting crater was reportedly 12 feet Underground Focus deep and 15 feet wide. No one was injured. The water pipe was fixed and the crater filled with sand within four hours. The water main had apparently not been marked.04/17/98 ET AL NY -A backhoe being used in a road reconstruction project struck a gas main. There was no explo- sion, but 19 homes lost gas service. The gas company fixed the leak without inci- dent .04/25/98 ELA WARE OH-A 4-inch gas main was struck by a backhoe at the Columbus Zoo. A crew working on a construction project caused the damage. Firefighters and emergency services per- sonnel stood by as the line was repaired. Apparently, the zoo was not evacuated, and all residents remained in their quar- ters. 03/24/98 ORTH RIDGEVILLE OH-Traffic was detoured for about five hours after a city water crew damaged a gas line. The crew was repairing a water line at the time of the accident. Reports from the scene did not indicate if the line had been marked. 03/3 1/98 PI ^ TASKALA OH-Some 1,000 .L-\.residents were warned not to drink their water after a directional boring contractor drilled through a water main and adjacent sewer line, mixing the out- put of both. Even after the lines were repaired, a boil order remained in effect for two days until test results deemed the water safe to consume. Local officials warned that even drinking boiled was was unsafe. The local water department made provisions for people to fill drinking water containers at the water purification plant. 04/08/98 PORT CLINTON OH-A crew con- .. structing a regional water system cut a phone cable, which knocked out phone service in two towns for about six hours. 911 service handled at the county sherif- f s office was unaffected, but one town's police department was without service. No emergencies were reported during the outage. Reports did not indicate if the cable was marked.04/27/98 May/June 1998 '''''''iit~lIIlfuiiiirlk,~ M'nnegasco@ A Division of Houston Industries July 6, 1998 Mr. John F. Erar, City Administrator City of Farmington 325 Oak Street Farmington, MN 55026 Dear Mr. Erar: We appreciate your consideration of our request for a franchise to provide natural gas service within the City of Farmington. We look forward to entering a long-term partnership with you that will help meet Farmington's growing needs. We bring to you the resources of a global energy company that has 128 years of experience providing safe, reliable, economical natural gas service in Minnesota. With 650,000 customers in 240 communities, Minnegasco is Minnesota's largest natural gas utility. We know that our request has raised some questions that need careful consideration before you grant us a franchise. Minnegasco's responses to your key issues are attached. Minnegasco stands ready to provide natural gas service in Farmington. Our system has the capacity to meet your growing needs. Our presence in Farmington as a natural gas provider will help further your efforts to grow, without compromising your strong commitment to the safety of your citizens. We also believe you should expect orderly management of underground utilities in your community. We commit to minimizing the areas in which-our gas main parallels main that Peoples Natural Gas has installed. We will install parallel main only in existing state highway, county road or major arterial rights-of-way. When installed, the location of these mains will be marked clearly. Minnegasco would like to be able to compete for the right to provide natural gas service to customers in new areas and subdivisions as they develop and expand. We know developers in other parts of the metropolitan area value a choice in natural gas providers. Throughout our history, we have developed strong partnerships with the communities we serve. \Ve know that we thrive only when the communities we serve thrive. That's why our employees are active as volunteers in our communities, and support civic, business and not-for-profit organizations. The Minnesota Keystone Program recognizes Minnegasco for supporting non-profit organizations with at least 2 percent of its pre-tax profits through a combination of cash, in-kind gifts, and professional services. We're already committed to supporting growth of communities like yours in Dakota County. We have been very actively involved in the Dakota County Economic Development Partnership, and Arne Hendrickson is the incoming Chair of that organization. Minnegasco is also a charter investor in the Dakota County Capital Fund, which supports the start-up and expansion of businesses in Dakota County. ,",~- 800 LaSalle Avenue P.O. Box 59038 Minneapolis, MN 55459-0038 Please let us know if there is any additional information we can provide that will help in your decision making process. We're looking forward to a strong, close working relationship. teve B. Johnson Vice President, Marketing & Customer Services Cc: Joel Jamnik, City Attorney Lee Mann, City EngineerlDirector of Public Works David Olson, Community Development Director Robin Roland, Director of Finance Attachment ,-' Minne2asco Response to Farmin2ton Kev Issues 1) Public safety issues as it relates to dual piping concerns i.e. detection, vendor response and supporting facts. Minnegasco Response Minnegasco has a long history of working in areas where there are dual natural gas mains. Our excellent safety experience in these situations leads us to conclude that dual mains will not compromise the safety of your citizens. Safety begins with careful planning and engineering. Minnegasco maintains excellent records on its gas distribution system. Any gas distribution systems we construct in Farmington will be mapped electronically and added to our computerized Geographic Information System (GIS) database. All mains that run through rights-of-way along state or county highways or major arterials will be clearly marked with above ground markers displaying information about location and emergency telephone numbers. Minnegasco employs line locators based in areas near Farmington. They use mobile data terminals to download computerized system maps of the area they are working in, and use state-of-the art locating equipment to complete their assignments quickly and accurately. We will provide this locating service for anyone who will be digging near our lines in Farmington. In addition, Minnegasco has been a leader in developing and using leak detection technology. We complete leak surveys on our system at a frequency that exceeds Federal Department of Transportation requirements. In areas where dual main exists, both companies are required to conduct leak surveys, doubling the leak survey coverage., C:;::le,arly, in the event that we discovered a leak on another utility's main during the course of one of our surveys, we would notify them immediately. 2) Potential effect on emergency service responses if more than one natural gas vendor is providing service and a discussion of how Minnegasco and Peoples would handle this issue within the City, i.e. educational efforts and programs. Minnegasco Response Minnegasco, first and foremost, has a commitment to public safety, and we take that commitment very seriously. Minnegasco responds to all emergency calls. We operate no differently in communities where there is dual piping. When we are called to an emergency, we respond promptly and work to make the situation safe. Even if there is a question about which system is involved in an emergency, we will respond, because safety comes first when an emergency occurs. The worst thing that can happen is that employees from two companies may respond to the same emergency. Again, our gas mains along dual-piped state and county highway rights-of-way will be visually marked to minimize confusion. And, our locators have real-time access to our computerized map database to enable them to quickly provide accurate information about our system for those who need to make repairs. Minnegasco has an excellent record of emergency response. We take phone calls and dispatch our work crews 24-hours-a-day, seven-days-a-week. Our construction crews are based out of locations close to their assigned work areas. In addition, Minnegasco Service Plus@ service technicians are trained and available to respond to gas leak emergencIes. The issue of having two different companies providing natural gas service in Farmington , should not confuse residential customers about who to call in the case of a gas emergency in or near their home. Minnegasco provides all of its new customers with a booklet containing all the important information and phone numbers. In addition, we post the 24- hour emergency phone number on each gas meter, and the emergency numbers are listed on the outside of every Minnegasco bill envelope. Our customer newsletter, which is included with our bills, also regularly includes information on gas safety and what to do in a gas emergency. If a customer happens to call Minnegasco in an emergency situation by mistake, Minnegasco will immediately pass that information on to the other natural gas provider. We will also respond to the scene, to ensure all bases are covered. Our commitment to safety doesn't stop there. Minnegasco's technical training department provides training to fire and police departments within the communities we serve, to assist them in dealing with natural gas emergencies. New Minnegasco communities, like Farmington, are placed high on the priority list for such training. In addition, Minnegasco is also actively involved with the Metropolitan Underground Coordinating Committee that works to educate cities and contractor~ on safety issues related to underground utilities. 3) How the issues associated with inconsistent service delivery boundaries would be dealt with by Minnegasco and Peoples. In effect, preventing the undesirable effect of having different vendors serving contiguous development subdivisions. Minnegasco Response Minnegasco would like to be able to compete for the right to provide natural gas service to customers in new areas and subdivisions as they develop and expand. From a utility's perspective, it is generally not cost effective to serve groups of customers smaller than an entire subdivision. Generally, developers choose a single utility to provide service throughout an entire subdivision. We know developers in other parts of the metropolitan area value a choice of natural gas providers: sometimes they choose Minnegasco; sometimes they don't. We don't believe there is anything undesirable about providing choice of utility providers in this manner. 4) Question for Peoples . ~ 5) For Minnegasco, discuss the issue of how competition would positively affect the end consumer in terms of cost savings and the benefits that the community would experience by having two gas vendors. Minnegasco Response First, Minnegasco has consistently had natural gas rates that are among the lowest in the nation. Residents in Farmington who have natural gas service from Minnegasco will take comfort in knowing they are paying very competitive rates. Second, it is important to note that Minnegasco's system has the capacity to serve the anticipated growth in Farmington without significant equipment upgrades or unusual investments. Minnegasco typically adds about 13,000 customers per year to its system, based on an economically prudent approach where our investment in each project must be cost justified. Therefore, existing customers are not asked to bear the cost of adding new customers, and in general benefit from system growth through our ability to spread fixed costs across a larger customer base. Third, competition to serve new developments promotes growth in the community. Utilities competing for new developments are more willing to support developers with marketing and promotional' efforts, making it more attractive for developers to take on larger projects. Developers in competitive situations can also count on having natural gas service available to homeowners quickly, because few developments remain unserved in a competitive environment. 6) Discuss the key points of your position as it relates to the City either granting or refusing a franchise agreement to Minnegasco. Please be brief and keep your arguments focused on how your decision will ultimately affect the rate payer, the City's public and emergency response services and, in general, the community. Minnegasco Response First, we believe that providing developers a choice of utility providers for their subdivisions will help contribute to continued growth in Farmington. As natural gas utilities compete for potential developments, we will bring developers additional marketing support, which is another reason for them to choose Farmington as a location for future projects. Second, residents will benefit from very competitive natural gas rates. Minnegasco continues to have among the lowest natural gas rates in the nation. Serving the anticipated growth in Farmington will not affect Minnegasco's rate structure beyond the fact that growth of our system generally benefits all customers because our fixed costs can be spread over a larger customer base. Third, operating with two natural gas utilities in Farmington will not adversely affect public safety. In fact, in some ways, public safety may be enhanced. Minnegasco brings an excellent safety record to Farmington, and our experience in communities served by . ~ more than one company demonstrates there are no additional safety concerns. The only areas where our main will parallel Peoples' are along state and county highway rights-of- way, where we will physically mark the location of our mains. Our locators will have on- line access to the computerized maps of our system and use state-of-the-art technology to locate our lines quickly and accurately. Farmington will likely benefit from increased frequency of leak surveys in areas where there are parallel mains. Minnegasco surveys its system more frequently than required by federal code, and will continue this practice in Farmington. Minriegasco will regularly inform its Farmington customers about how to obtain emergency service should they suspect a gas leak in or near their home. Further, Minnegasco is committed to responding to all gas leak calls it receives. In addition, Minnegasco's standard operating procedure is to provide emergency response training to local police and fire agencies; we will bring this training to Farmington. Fourth, Minnegasco will be an asset to the Farmington community. Minnegasco works to actively partner with the communities it serves, working with and providing support for civic, business and not-for-profit organizations that serve the well being of the community. Minnegasco is already active in organizations that support economic development in Dakota County. 7) Discuss your company's perspective on any excess capacity issues, and the long- term vision of natural gas deregulation in this rapidly changing regulatory environment. Minnegasco Response Minnegasco currently has the system capacity to serve the growing needs of Farmington. We intend to-build a system in Farmington that will meet your needs over the next 15 - 20 years, based on the economic forecasts we use. Because we have been able to expand our system steadily based on a prudent, cost-justified investment approach, further expansion into Farmington does not raise any excess capacity or potential stranded cost issues for Minnegasco. The future of energy deregulation in Minnesota is quite uncertain at this time. As you know, the Minnesota Legislature is continuing to study its options. We expect that opening of the natural gas market in Minnesota at the residential level is at least five years away. Because of this, there's no clear vision of how the industry will be structured in a deregulated environment. Where states are experimenting with deregulation today, they have separated supply of the commodity (gas or electricity) from the distribution of energy. In those pilots, customers are given a choice of who supplies the commodity through the distribution systems that are already in place. We believe, however, that the distribution system - the pipes - will continue to be operated by the local utility, such as Minnegasco, and will also continue to be regulated in some way at the state and local levels. At a minimum, we believe that cities will continue to have the ability to regulate utility operations for the public good through ordinances and permitting processes. In other words, we're confident we can enter into a franchise agreement with you now that can continue with relatively few changes through a transition to deregulation. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us //0 TO: Mayor and Councilmembers City Administrator~ FROM: David L. Olson Community Development Director SUBJECT: Joint City Council/Planning Commission Workshop Date DATE: August 3, 1998 INTRODUCTION It has been determined that scheduling a joint City Council / Planning Commission workshop would be beneficial for both bodies to discuss development issues of mutual concern. DISCUSSION It appears as though the August 11 th Regular Planning Commission meeting will have few if any development application type matters on the agenda. This would provide an excellent opportunity to have a joint workshop with the City Council to discuss issues of mutual concern. The Planning Commission Chair has indicated he would be willing to prepare an agenda of issues to be discussed. BUDGET IMPACT None ACTION REOUESTED Schedule Joint City Council/Planning Commission Workshop for August 11, 1998 at 7:00 p.m. in City Hall. Da son Community Development Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 111 To: Mayor and Council From: Don Gamer and Bill Fitch Re: Ash Street Meeting 7-22-98 Al Angus suggested that Gordy Wicktennan be nominated as moderator. It was approved. AI Angus suggested that all rhetoric regarding calling the situation contamination and negative comments be ended. It seems somewhat odd when the next day his comments were recorded in the Independent from the Castle Rock Board Meeting. These comments seemed very derogatory toward the administrator and city. Paraphrasing, "if the administrator shows up I'm walking", "maybe they will treat us fairly this time". These statements seem to be inflammatory and indicating that the city council and staff are going to be the ones that will cause the discussions to cease. We believe from those statements and the tone of the first meeting that Castle Rock seems to be taking the City to task and setting the stage for finger pointing in the event they don't get what they want. Our desire is to have the city and community residents, understand that the city will negotiate, but we have policies in effect that assist us in fair and consistent treatment for all people. Even though we would like to accommodate all requests, that policy is set for the good of all our 10,000 plus current residents, and future residents. For the last almost four years this council has been striving to set a consistent policy and we don't believe the Council should deviate from this pattern now. Staffhas also been asked to be involved to answer questions, advise Council on policy, engineering, financial and legal issues as they arise and in the context of the meeting.. The township seems to find this approach unacceptable. As staff remains in an advisory capacity, as always, we have indicated as a council that it is our desire to have staff representation there. Al Angus seemed to think that the word contamination was not appropriate. However if you review the statute and county ordinance the main thrust of this legislation was to eliminate groundwater contamination due to cesspools and it could be interpreted that this does constitute a imminent health threat. To try and gloss over the probable imminent health threat as stated in the statute is only wordsmithing. The discussion carried on about community and negotiations which are a give and take situation. Two points here, I) if this is a community situation and not a border situation why are they so concerned if these people come into the city?, 2) We don't understand what the city is "taking" in these negotiations, we are offering a resolution to a problem, there is no gun to anyone's head here. The city has been very forthright in telling Ash Street Residents' how the process will work, giving them preliminary cost estimates, and letting them vote on interest in pursuing the project. If the city is interested in a land grab the city could have certainly already annexed this area by ordinance without the consent of the citizens of Castle Rock. In their point # 8 the township believes that if the sewer line is run east ofHwy. 3, that they should be able to pay for that portion through a joint powers agreement, and that township properties hook up without being annexed to the city. They are already saying because we allowed the Fair Board to hook up that there is precedence and we should now allow a developing township the same courtesy of hook up. We see these as two very separate issues, primarily because of development issues. The question was asked if current policy remained intact (no hook-up without residency) would this stop the negotiations. There was no response to this. We believe that we must come to principle(s) understanding before any further engineering studies are underwritten. Engineering will not solve principle and policy decisions. The main issues we believe, lie in Castle Rock points 8 and 12. We must first and foremost represent and protect the property, rights and policies of the residents of Fannington. Respectfully submitted, DOYU.~ Don Gamer City Councilmember ~~ G/- ~ Bill Fitch City Councilmember . . ASH STREET AGENDA FOR JUL Y 22, 1998 MEETING W/CITY OF FARMINGTON k STAFF PERSONNEL ARE NOT TO BE DIRECTLY INVOLVED IN DISCUSSION WITH COUNCIL MEMBERS. THEY ARE BE AVAILABLE ONLY TO ANSWER QUESTIONS WHEN ASKED TO RESPOND 2. THE PROPERTY OWNERS OF HIGHLAND CIRCLE ARE EXTREMELY UPSET DUE TO THE ALLEGEATIONS, MADE BY CITY STAFF REGARDING SUPPOSED COMTAMINATION OF AREA ALONG ASH STREET, WHEN THERE HAS NOT BEEN ANY CONCLUSIVE FINDINGS TO SUPPORT THESE STATMENTS. 3. DEFINE EXISITING SYSTEM TO NORTH OF HWY. 50? WHAT ARE ITS CAPABILITIES? 4. IF TOWNSHIP CONSTRUCT'S AND MAINTAINS PONDING AND WATERWAY, WOULD FARMINGTON PAY A PORTION OF STORM WATER MANAGEMENT FEE TO CASTLE ROCK? 5. .THE SOUTH 80 ACRES OF THE NW ~ OF SEC. 5 HAS A NATURAL PONDING AREA ON IT NOW, THIS COULD BE EXPANDED IN THE FUTURE, WHEN AND IF DEVELOPMENT SHOULD OCCUR. S-. COEFFICIENTS AS PRESENTED BY BOONSTROO AND ASSOCIATES, INDICATIING THAT THERE WOULD BE MORE RUNOFF OF AGRICULTURAL LAND, THAN OF PARKS AND PUBLIC LAND, NEEDS TO HAVE FURTHER REVIEW. 7. GOLF COURSE HAS PRESENTLY ESTABLISHED PONDING ON THER PROPERTY, THE VALUE OF THESE PONDS TO THE SYSTEM MUST BE DETERMINED. .8. DISCUSS OPTIONS OF CINSTRUCTION OF SANITARY SEWER ALONG HWY 50 STARTING AT THE GOLF COURSE. ~. STORM SEWER,CURB AND GUTTER INSTALLATION IN HIGHLAND CIRCLE, IS AN EXPENSE THAT SHOULD BE ELIMINATED. 1-0. CONNECTION OF PROPERTY OWNERS ALONG ASH STREET TO EXISITING SANITARY SEWER LOCATED IN ALLEY EAST OF RON THELEN RESIDENCE SHOULD BE INVESTIGATED. 11. WHEN CONSIDERING AREA THAT DRAINS TO 6TH AND ASH,PROPERTIES LYING TO THE NORTH OF THIS INTERSECTION ALSO DRAIN TO THIS AREA,THERFORE THESE PROPERTIES MUST BE INCLUDED IN FUTURE CALCULATIONS. n. ANY PROPERTY ASSESSMENTS ARISING FROM THESE PROJECTS, AND LEVIED AGAINST PROPERTY, MUST NOT EXCEED THE VALUE GAINED BY PROPERTY BY SAID PROJECT. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us bC0 TO: Mayor, Council Members, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Storm Water Drainage Issue - East Farmington DATE: August 3, 1998 INTRODUCTION At the July 20th meeting, Council inquired as to the status of re-grading the wetland area west of 9th Street, south of Spruce Street behind Mrs. Anderson's home at 509 8th Street. DISCUSSION The Street and Utility Division has mowed the grasses in the wetland to provide for a more direct route for drainage into the storm sewer inlet at 9th Street. The area that could be graded is still too wet to bring in equipment to do the job effectively. The Council inquired if the Development Contract for the development along 9th Street (East Farmington 1 st Addition) is still open and whether the design of the storm sewer system should be looked at for adequacy. Unlike the situation in Prairie Creek where staff is performing some analysis in response to a citizen petition, the wetland in question is supposed to hold some water, as it has since before the East Farmington development was constructed. The difference between these two situations is that the wetland area adjacent to 9th Street is naturally meant to hold water as opposed to the swales in Prairie Creek that are meant to drain. In addition, when East Farmington was being developed, a storm sewer system was installed to allow drainage from the wetland area, whereas before, the wetland area was landlocked and could not drain out. It is difficult to ascertain how this wetland functioned prior to the East Farmington Development in terms of how it drains today. In the smaller storms, the wetland and storm sewer system appear to function adequately based on recent observations. In a larger, less typical storm, such as occurred earlier this summer on the evening of June 26th, the wetland does hold water for a short period of time until the system can take the extra volume of water. In addition, in the larger storms, there is a potential for storm water from the Trunk Highway 3 median to back up and flow from the frontage road back into the wetland area. BUDGET IMPACT None. ACTION REQUESTED F or Council information. Respectfully Submitted, 'jk.Jn ~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /3b TO: Mayor, Council Members, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Hickory Street Update DATE: August 3, 1998 INTRODUCTION Staff has applied for a permit from MnDOT to discharge storm water from Hickory Street into the median along Trunk Highway 3. In addition, Council indicated at the July 20th meeting that there was a pothole at the low point in Hickory that needed repair. DISCUSSION At the time of the writing of this memo, MnDOT has not yet responded to the City's request. If staff receives any new information before the Council meeting, it will be forwarded at the meeting. The Street and Utility Division has repaired the pothole on Hickory Street. BUDGET IMPACT None. ACTION REOUESTED For Council information. Respectfully Submitted, ~ /77- ?77~&::lJ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file ,. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /3G TO: Mayor, Council Members, City Administratorf- FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Sunnyside Lift Station - Pumping Operations DATE: August 3, 1998 INTRODUCTION Questions have been raised regarding the possibility that sewage has been pumped into the ditches along Ash Street at 6th Street from the Sunnyside lift station. DISCUSSION In the last couple of months, the Sunnyside lift station has been pumped several times due to maintenance operations and power outages. At no time has sewage been pumped into the ditch along Ash Street. The sewage has been pumped to the sanitary sewer manhole in the alley between 6th and 7th Street north of Ash Street (see attached map). BUDGET IMPACT None. ACTION REOUESTED For Council information. Respectfully Submitted, ~Yh~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file / --- -- U1QIU an T L.S. - ...........~.......... ~ ~D HICl<<RY ST. T .. ~~