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HomeMy WebLinkAbout05.18.98 Council Packet COUNCIL MEETING REGULAR MAY 18, 1998 6:30 P.M. CHAMBER/COUNCIL BUSINESS MEETING 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) Proclamation Declaring Emergency Medical Services Week b) Proclamation Declaring AARP 55 Alive/Mature Driving Week c) New Employee Introduction 6. CITIZEN COMMENTS (Open for Audience Comments) a) Anthony Pena, 18906 Embry Avenue - Traffic Survey .. CONSENTAGENDA a) Approve Council Minutes 5/4/98 (Regular) b) Approve Agreement - Standard Engineering Guidelines c) Acknowledge Fund Accounting Structure Change d) Final Plat Recording Extension - East Farmington 4th Addition e) Development Contract - East Farmington 4th Addition t) School and Conference Request - Fire Department g) Capital Outlay Purchase - Fire Department h) Acknowledge Resignation - Administration Department i) Approve Request for Proposals - Residential and Commercial Recycling j) Approve Change Order - Municipal Pool k) Authorize Disposal of Equipment - Parks and Recreation Dept. 1) Approve Bills 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Review Boulevard Tree Policy b) Farmington Middle School 2nd Addition - Final Plat c) Farmington Middle School 2nd Addition - Development Contract (Supplemental) d) Wetland Ordinance Revision - Update e) Building Inspection Service Contract - Eureka Township Action Taken t) Downtown Sidewalk and Lighting Project - Council Workshop ...1. UNFINISHED BUSINESS a) Amend Ordinance - Weed Control Regulations 12. NEW BUSINESS a) Adopt Resolution - Request MnDOT Cooperative Agreement 13. COUNCIL ROUNDTABLE a) Update - Public Works Issues b) Builders Association Video 14. ADJOURN TO: Mayor 8: Councilmembers FROM: John. F. Erar, City Administrator SUBJECT: Supplemental Agenda DATE: May 18, 1998 It is requested that the May 18, 1998 agenda be amended as follows: AWARD OF CONTRACT Supplement lO(c) Farmington Middle School 2nd Addition - Development Contract Adopt the attached resolution authorizing signing of the Development Contract. Respectfully submitted, IL J hn F. Erar ity Administrator I CitlJ of Farmington 325 Oak Street · Farmin{Jton, MN 55024 · (612) 463.7111 · Fax (612) 463.2591 TO: Mayor, counCilm~embers City Administrator Lee Smick, Planning Coordinator FROM: SUBJECT: Farmington Middle School 2nd Addition Development Contract DATE: May 18, 1998 INTRODUCTION The Development Contract for Farmington Middle School 2nd Addition has been drafted in accordance with the conditions presented at the May 18, 1998 City Council meeting. DISCUSSION The Farmington Middle School 2nd Addition Development Contract requires the following conditions to be agreed upon: . the Developer enter into the Development Contract; . and the Developer provide necessary security in accordance with the terms of the Agreement; . the Developer agrees to fund 100% of 208th Street adjacent to their property when this street is constructed in the future, and potentially other costs associated with extending 208th Street to its final connection point. ACTION REQUIRED Approve the execution of the Development Contract and adopt a resolution authorizing its signing, contingent upon approval by the Engineering Division. 021~ I CitlJ. of Farmin9ton Lee Smick, AICP Planning Coordinator 325 Oak Street. Farmington, MN 55024 · (612) 463- 7111 · Fax (612) 463-2591 RESOLUTION NO. APPROVING DEVELOPMENT CONTRACT - Farmington Middle School rd Addition - Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 18th day of May, 1998 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, pursuant to Resolution No. R36-98, the City Council approved the preliminary plat of the Farmington Middle School 2nd Addition contingent upon the following conditions: I. The Developer enters into the Development Contract. 2. The Developer provides necessary security in accordance with the terms of the Contract. 3. The Developer agrees to fund 100% of2081h Street adjacent to their property when this street is constructed in the future, and potentially other costs associated with extending 208th Street to its fmal connection point. NOW, THEREFORE, BE IT RESOLVED that: I. The aforementioned development contract, a copy of which is on file in the Clerk's office, is hereby approved. 2. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of May, 1998. Mayor Attested to the _ day of May, 1998. City Administrator 50v TO: Mayor, Councilmembers and City Administrat01~ FROM: Karen Finstuen Administrative Service Manager SUBJECT: Emergency Medical Services Week DATE: May 18, 1998 INTRODUCTION The attached Proclamation has been received from the ALF Ambulance Joint Powers Executive Board requesting support from the City. DISCUSSION . The Proclamation would declare the week of May 17-23,1998, as National Emergency Medical Services Week. The emergency medical services teams provide lifesaving care to those in need, 24 hours a day, seven days a week. Their care dramatically improves the survival and recovery rate of those who experience sudden illness or injury. It is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached Proclamation designating the week of May 17-23, 1998, as Emergency Medical Services Week in the City of Farmington. Respectfully submitted, ~}~ Karen Finstuen Administrative Service Manager . Attachment CitlJ of Farmin9ton 325 Oak Street · Farmintjton, MN 55024 · (612) 463.7111 · Fal( (612) 463-2591 5b TO: Mayor, Councilmembers and City Administrato~ FROM: Karen Finstuen Administrative Service Manager SUBJECT: AARP 55 Alive/Mature Driving Week DATE: May 18, 1998 INTRODUCTION The attached Proclamation has been received from the American Association of Retired Persons (AARP) and 55 Alive requesting support from the City. DISCUSSION The Proclamation would declare the week of May 24-30, 1998, as AARP 55 Alive/Mature Driving Week. AARP has been involved in driver improvement programs since 1969, and has been honored repeatedly by the National Safety Council for the effectiveness of its programs. AARP sponsors 55 Alive/Mature Driving, a driver's training program designed especially for drivers age 50 or older, which addresses the physiological concerns of driving problems unique to older drivers. BUDGET IMPACT None. ACTION REOUESTED Adopt the attached Proclamation designating the week of May 24-30, 1998, as AARP 55 Alive/Mature Driving Week in the City of Farmington. Respectfully submitted, I)~\.L~- /}"" ,~liL.cl.---- / . ij Karen Finstuen Administrative Service Manager Attachment cc: Art Holmes P. O. Box 213 Farmington, MN 55024 I Citl}. of FarminiJton 325 Oak Street. FarmintJton, MN 55024 · (612) 463-7111 · FaJr (612) 463-2591 ~ A~ arut' ~~ ~~ jf armington, ;!fflinnt~ota ~rotlamation c:@;2? WHEREAS, the American Association of Retired Persons (AARP) has been involved in driver improvement programs since 1969, and has been honored repeatedly by the National Safety Council for the effectiveness of its programs; and WHEREAS, the AARP sponsors 55 Alive/Mature Driving, a driver's training program designed especially for drivers age 50 or older; which addresses the physiological concerns and driving problems unique to older drivers; and WHEREAS, research shows that normal age-related physical changes begin to accelerate at age 55, and accidents per mile begin to increase at this age; and WHEREAS, studies of the 55 Alive/Mature Driving course document its effectiveness in reducing accidents, insurance claims, and traffic violations among older drivers, and motor vehicle insurance premium discounts of at least 10 percent are available to individuals age 55 and older who complete the course. NOW, THEREFORE, BE IT RESOLVED, that the City of Farmington hereby proclaims May 24-30, 1998 as 55 Alive/Mature Driving Week. :-r...~... /L~ ", 7/e.., ~ ,~~.~ ~, :: ;~' 1. :J (~ ~~ "",,,,,. , '~ (........... ~ ~ "/;" ; ,,~;~,..:.\ :. ~.:.;-;.~. !!/ C~~,~ __~- JJn wlw:Jj. w/'uuof JJ bE. hLuu.nto 5E.t my fzanJ a.nJ aa.u.u.J. ~ 5E.af 1:0 CE. afflxd. ......:;"')' ,:,....;...; t"''); ""; ":.....~ ; , . ~ Mayor Gerald Ristow ATTEST: DATE: Mav 18, 1998 ~)< .'. ,,' '.-' -, ',,'.,. ".~,., '-.,...;v , -r ;:~,' ',~~<*'.';< ( . ..... 6a. FROM: Mayor, Councilmembers and City Administrato~ Daniel M. Siebenaler Chief of Police TO: SUBJECT: Response to Citizen's Comments Embry A venue Traffic Concerns. DATE: May 18, 1998 INTRODUCTION A citizen from Embry A venue requested City Council assistance in addressing a problem of speeding vehicles on that street. In response Police Department staff have conducted a study in the area and has prepared a response. DISCUSSION According to the complaint there is a consistent problem with speeding vehicles on Embry Ave. In addition there have been reports of near miss accidents with children playing on the street. Staff has reviewed similar complaints in the past by running radar in the area. During those previous studies staff concluded that there was insufficient traffic on Embry Ave. to warrant any action. However, the County Road 31 construction project has resulted in a significant increase in traffic volume using Embry Ave. as an alternate route. This changed condition has allowed for more precise data with which to evaluate the area. The traffic study involved three components. The first component was the placement of traffic counters on Embry Ave. The counters were put into place Thursday, May 7 and were removed on Monday, May II. This allowed for counts on weekdays and weekends alike. The total number of vehicles traveling on Embry Ave. between May 7 and May 11 was 2,522. This is an average of 504 vehicles per day. This is not an exceptionally high volume when viewed abstractly but it is a relatively high number of vehicles for a residential street of this nature and location. Staff conservatively estimates that normal volume would be less than one half of that recorded. The second component of the study was actual monitoring of traffic speed by radar. Radar was set up for three - on~ hour blocks of time during the morning, mid-day and afternoon. The time, direction and maximum speed of each vehicle was recorded. Vehicles traveling in excess of the speed limit were stopped and action was taken in compliance with department policy. During the three hours a total of 73 vehicles passed through the radar. A total of ten were traveling in excess of the limit. One driver was issued a ticket. The others were stopped and warned pursuant to policy. Of the ten drivers stopped, four were identified as residents of the immediate area. The third component of the study was to research the accident experience in the area. There have been a total of three accidents at the intersection of Embry Ave and Echo Lane. This is the area at the top of the hill in Akin Park Estates. Each of these accidents appears to be related to the configuration of the intersection. As a vehicle approaches the crest of the hill the road curves slightly to the right immediately prior to the intersection. This "blind" configuration appears to be responsible for the collisions with vehicles parked in or near the intersection. Another observation in the area is the !1se of the street by children. During the morning and afternoon periods, children going to and from school use this hill as their travel route. Staff observed bicycles being CitlJ of FarminiJ.ton 325 Oale Street · FarminfJton} MN 55024 · (612) 463.7111 · Fax (612) 463.2591 pushed three abreast up the middle of the roadway on the hill. Another rider was weaving from curb to curb in a hairpin or switchback style in an effort to avoid pushing his bike. Both of these groups had contact with drivers who had to swerve and in one case honk the horn. Both of the vehicles involved were well under the speed limit. Due to the hill and curved design of the road, had either vehicle been traveling at or above the limit it would likely have resulted in an accident. All of the children observed were warned of their unsafe actions. CONCLUSIONS Traffic volumes appear to be two to three times the normal expectation in an area of this type. Staff believes that the increase in volume is due to construction detours. This increased volume is unavoidable and is likely to continue throughout the County Road 31 project. Traffic speeds in a residential area such as Embry Ave. would normally average between 23-25 MPH. When vehicles travel at speeds higher than those normally expected they are frequently perceived by pedestrians to be speeding. In the case of this particular area there are a significant number (half) of the vehicles traveling over 26 MPH. While a very limited number were "ticketable", 15 were at or above the speed limit. Two thirds of the "fast" vehicles and all of the "speeders" were traveling downhill. There appear to be two categories of drivers using Embry Ave. Those drivers who make a conscious effort to drive below the posted limit and those who approach the hill at or near the speed limit and unconsciously allow the speed of the car to increase on the downslope. In addition, children are using the hill inappropriately, as a recreation area, causing additional hazard. RECOMMENDATION Staff has reviewed the results of this study with Mr. Sheldon Johnson, traffic engineer from BRA. As a result of this study and consultation, staff recommends the following action. Permanent installation of a Stop Sign at the intersection of Echo Lane on Embry Ave and an advanced stop sign warning north of the intersection. In addition, staff recommends painting of the curbs and posting of "No Parking" signs in the same intersection. Staff also recommends the temporary installation of cautionary signs, northbound, at the crest of the hill on Embry Ave. with a graphic indicating the steep grade and warning placard indicating "Slow." The temporary installation during the construction project will provide the opportunity to measure the effectiveness of the signs. If the signs do prove to be effective, staffwill consider permanent installation. Police Department will continue to monitor the area, along with other residential areas similarly affected, as resources permit. At this time staff has received similar requests from five different areas experiencing increased traffic volumes and speeds resulting from the County Road 31 project. Daniel M. Siebenaler Chief of Police cc/ Anthony Pena 1~ COUNCIL MINUTES REGULAR May 4, 1998 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 P.M. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Fitch, Gamer, Strachan None City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Cordes, second by Gamer to approve the Agenda with the following changes: · Mayor Ristow pulled Item 7(b) "Street Cleaning Contract - Private Developments" for further discussion. . Accept Supplemental Agenda requesting that the May 4, 1998 Council Agenda be amended to add the following item: > 9(a) "1998 Seal Coat Project" under AWARD OF CONTRACT. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Historic Preservation Week, May 10-16, 1998 Council adopted a Proclamation declaring Preservation Week be celebrated in the City of Farmington Jy1ay 10-16, 1998. Council Minutes (Regular) May 4, 1998 Page 2 As part of that celebration, George Flynn, HPC Chairman, and Harbee Tharaldson, HPC member, recognized Gordon and Twylla Chant (present in the audience) and presented them with an award for the restoration of their home at 621 Oak: Street. Chairman Flynn indicated that he presented David Schreier with an award earlier in the day for his contributions to the preservation of Farmington's history. 6. CITIZEN COMMENTS . Anthony Pena, 18906 Embry Avenue, stated that he and his neighbors are concerned about their children's safety due to school buses speeding through their neighborhood. He requested the City reduce the speed limit in his neighborhood. Mr. Pena also feels there is a traffic safety problem at the comer of Embry Avenue and Embers Avenue. Police Chief Siebenaler indicated that he spoke with Mr. Pena previously, but would research the matter further and respond in writing. . Minnesota State Representative Dennis Ozment discussed various legislative issues. He also suggested City Administrator Erar schedule a meeting to discuss tax issues. City Administrator Erar indicated he would call Representative Ozment's office and schedule the meeting. a) Dennis Walter, 18235 Euclid Avenue - CSAH 31 Right-of-Way Proceeds Council acknowledged staft's response. Mr. Walter was not in attendance, but did I receive a copy of the staff memorandum. 7. CONSENT AGENDA MOTION by Gamer, second by Fitch to approve the Consent Agenda as follows: a) Approved Council Minutes 4/20/98 (Regular) c) Adopted RESOLUTION R43-98 Setting Bond Sale - Middle Creek Sanitary Sewer Project d) . Adopted RESOLUTION R44-98 Deferring the ,Payment of Special Assessments on Property Located within the City of Farmington e) Adopted Emergency Operations Plan (Revised) f) Approved Sc?-ool and Conference Request - Finance Department Council Minutes (Regular) May 4, 1998 Page 3 g) Acknowledged Settlement of Contractor Claim h) Approved Solid Waste Disposal Agreements i) Acknowledged Certificate of Survey/Site Plan Requirements j) Approved Bills APIF, MOTION CARRIED. Item 7(b) "Street Cleaning Contract - Private Developments" was discussed in detail. Mayor Ristow was concerned about the bidding process used for street sweeping and requested that the bids staff received be attached to staffs memo evidencing the fonnal bid procedure. It was indicated by City staff and the City Attorney that the process used was legal and appropriate. Written quotatious were received and cited in the staff memo. Formal bids were not required for the service amount in question pursuant to State Law. After thorough discussion, MOTION by Gamer, second by Cordes to approve the contract for street cleaning services by Hoflbeck Trucking, contingent upon staff providing Council with copies of all jour written quotations received for street sweeping evidencing HojJbeck Trucking as the low vendor. MOTION CARRIED ON A 4-1 VOTE, WITH MAYOR RISTOW VOTING NO. 8. PUBLIC HEARINGS a) Vacation of Easement - East Farmington 4th Addition City Planning Coordinator Smick presented the proposal to vacate a drainage and utility easement at the northeast comer of Elm Street and 12th Street. Citizen Marvin Wier, 808 3rd Street, questioned whether there would be an additional cost for putting utilities in place when the wetland is moved. Planning Coordinator Smick indicated there would not be an additional cost. MOTION by Gamer, second by Fitch to close the public hearing. APIF, MOTION CARRIED. MOTION by Fitch, second by Gamer to adopt RESOLUTION R45-98 Vacating a Drainage and Utility Easement in East Fannington, contingent upon the approval of a wetland alteration permit. APIF, MOTION CARRIED. Council Minutes (Regular) May 4, 1998 Page 4 9. AWARD OF CONTRACT a) 1998 Seal Coat Project Director of Public Works/City Engineer Mann presented the four bids received for the 1998 Seal Coat Project, indicating Allied Asphalt was the low bid in the amount of $44,744. MOTION by Cordes, second by Fitch to adopt RESOLUTION R46-98 to Award Allied Asphalt's Bid for Project 98-12, 1998 Seal Coat Project, and Prepare Final Assessment Roll utilizing a price unit of $55.00 per buildable lot. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Development Standards - TurflErosion Control Policies Director of Public Works/City Engineer Mann presented this item to Council for information only. As indicated, City staff put together a policy on Turf Establishment for newly constructed homes and commercial buildings in the City, as well as revised the existing Lot Development Erosion Control Policy. These policy changes will go into effect June I, 1998, although these new policies will be reviewed with developers and builders prior to formal implementation. b) Comprehensive Plan Update Schedule Community Development Director Olson submitted this matter to Council for information only. City staff prepared and presented to Council a "Proposed , Timeline for Comprehensive Planning Process" in order to complete the Plan update by the end of the year. c) Charleswood/Middle Creek Sanitary Sewer EA W Planning Coordinator Smick presented to Council the "Response to Comments, Findings of Fact, and Record of Decision" prepared by City staff based on the Environmental Assessment Worksheet (EA W). It was determined that the project does not have the potential for significant environmental effects and thus an Environmental Impact Statement (EIS) is not required. MOTION by Gamer, second by Fitch to adopt RESOLUTION- R47-98 Approving the Charleswood PUD and Middle Creek Sanitary Trunk Sewer EA W Finding No Need for an EIS. APIF, MOTION CARRIED. Council Minutes (Regular) May 4, 1998 Page 5 d) East Farmington 5th Amendment to Development Contract Planning Coordinator Smick presented the project's developer request to delete the drainage and utility easement for East Farmington. MOTION by Gamer, second by Cordes to adopt RESOLUTION R48-98 Approving Amendment #5 to Development Contract for East Farmington 4th Addition - Paragraph 23 (Exhibit C) Easements. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - Middle Creek Trunk Sanitary Sewer/Charleswood Trunk Storm Sewer Plans and Specifications Director of Public W orks/City Engineer Mann indicated that the plans and specifications have now been prepared for this project. He also indicated that two options in the Feasibility Study previously presented to Council have been eliminated. They are: (1) The option to serve the Nordseth property has been delayed at least until next year; and (2) The option to upsize the sewer in order to serve a portion of Lakeville has been eliminated. MOTION by Cordes, second by Gamer to adopt RESOLUTION R49-98 to Approve Plans & Specifications and Authorize Advertisement for Bids for Project 98-14, Middle Creek Trunk Sanitary Sewer and Project 98-11, Charleswood Trunk Storm Sewer. APIF, MOTION CARRIED. b) , Metropolitan Council Approval - MUSA Land Trade Community Development Director Olson submi~ed this item to Council for information only. Essentially, on April 24, 1998, the City received a letter from the Met Council approving the request to trade 31 acres currently included in the MUSA for 31 acres recently annexed in the area ofTH 3 and Co. Rd. 72. 12. NEW BUSINESS - None. Council Minutes (Regular) May 4, 1998 Page 6 13. COUNCIL ROUNDTABLE Councilmember Strachan: Councilmember Gamer: Councilmember Fitch: City Administrator Erar: Community Development Director Olson: Police Chief Siebenaler: Mayor Ristow: 14. ADJOURN Attended constructive Joint Planning Board Meeting with Empire Township on April 30th. Attended A.L.F. Ambulance Board Meeting. Announced he was elected Chairman of the Board. County Road 31 is becoming very congested. Concerned with drivers passing on the right side of the road. Feels CSAH 31 construction hotline is working very well. In discussions with Met Council staff, they have requested a letter from the City regarding our exact questions relative to potential future development in areas outside of the City's existing corporate limits. As of April, the City has topped the 100 mark this year for new single family homes. Received a copy of the letter from a woman in Brookings, South Dakota regarding similar problems with train whistles and he will be in touch with her on 5/5/98. Complimented staff on a fine job in controlling citizen requests in relation to the CSAH 31 road construction. MOTION by Fitch, second by Gamer to adjourn at 9:00 P.M. APIF, MOTION CARRIED. Respectfully submitted, d{ouq .4d~ Lori J. Folie Executive Assistant 1b TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Approve Agreement - Standard Engineering Guidelines DATE: May 18, 1998 INTRODUCTION At the March 25, 1998 City Council Workshop called to review the proposed Municipal Control Policy, it was determined that the City should develop and compile a complete list of engineering design standards in the private development process. It was further determined that these standards would be reviewed and discussed with the development community once a preliminary draft document was generated prior to adoption by Council. DISCUSSION It was noted that while the City has, over the years, developed a number of engineering standards it was acknowledged that a review of existing standards should be completed, as well as the generation of any new standards to be used in the private development process. While many of the engineering standards used by the City in private development are typical in terms of civil engineering standards and requirements, it is appropriate to develop a single document that would guide all engineering work performed within the City. It was understood that a key element of the dialogue held with developers represented by the Builders Association of the Twin Cities was the compilation and/or creation of engineering design standards that would be used in the private development process. It was anticipated that these design standards would be observed by private developers in the preliminary and final design of public infrastructure. Once adopted, these standards would serve as a baseline or standard in the City's engineering review and approval processes. A proposal from Mr. Glenn Cook, the City's Consulting Engineer with BRA, has been received that would serve to accomplish this objective with the outcome of creating a unified engineering design standards document (attached). In keeping with Council direction, it is staffs intention to meet with the development community to receive their comments and review the draft document prior to adoption by Council. BUDGET IMPACT The total estimated cost of $4,248 for this effort is not currently contained within the 1998 Budget. Consequently, a budget re-appropriation will be submitted to Council at the appropriate CitlJ of Farminf/,ton 325 Oale Street · FarminlJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 time in the later part of this calendar year. It is anticipated that a portion of this cost will be recovered through the sale of document. ACTION REQUESTED Acceptance of this agreement by Council authorizes the expenditure of funds to develop an Engineering Standards document. A separate budget re-appropriation action will be forwarded to Council in November of this year that will formally amend the 1998 Budget. Respec~ submitted, Ji!:E~ City Administrator ~f1~ Bonestroo ~ Rosene U Anderlik & 1 \J 1 Associates Engineers & Architects Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer Principals.' Otto G. Bonestroo, I'E. . Joseph C. Anderlik, I'E. . Marvin L. Sorvala, P.E. . Richard E. Turner, r.E. . Glenn R. Cook, I'E. . Robert G. Schunichl. r.E. . Jerry A Bourdon, I'E. . Robert W. Rosene, P.E. and Susan M. Eberlin, C.P.A., Senior Consultants Associate Principals: Howard A. Sanford, I'E. . Keith A Gordon, I'E. . Robert R. Pfefferle, rE. . Richard W Foster, I'E. . David O. Loskota, I'E. . Robert C. Russek, A.LA . Mark A. Hanson, P.E. . Michael T. Rautmann, P.E. . Ted K.Field, P.E. . Kenneth I' Anderson, I'E. . Mark R. Rolfs, I'E. . Sidney I' Williamson, I'E., L.S. . Robert F. Kotsmith . Agnes M. Ring. Michael I' Rau, I'E. . Allan Rick Schmidt. P.E. Offices: St Paul, Rochester, Willmar and St. Cloud, MN . Milwaukee, WI Website: www.bonestroo.com April 28, 1998 Mr. John Erar City of Farmington 325 Oak Street Farmington, MN 55024 Re: Proposal for Professional Services Engineering Guidelines Dear John: We are pleased to present this proposal for professional services to assist the City of Farmington in establishing an Engineering Guidelines document. The work to produce this document will include compiling existing standards, generating standards where none are currently in place, and meeting with City staff to finalize the document. The end product will be a guide for all engineering performed in the City of Farmington. Selected Bonestroo staff would work in conjunction with City staff to produce the Engineering Guidelines document. The estimated cost for Bonestroo staff participation III producing this document IS itemized below: Estimated hours Rate Cost 40.0 24.0 $63.00 $72.00 $2,520.00 $1728.00 Total Estimated Cost $4,248.00 The City would be billed for the actual hours spent and you would be consulted for authorization before the above estimate would be exceeded. This proposal assumes the participation of City staff in the preparation and printing of the document. 2335 West Highway 36 · St. Paul, MN 55113 · 612-636-4600 · Fax: 612-636-1311 Mr. John Erar City of Farmington Page - 2 - April 28, 1998 I would expect that the City would sell the document to developers and to their engineers to recover a portion of the preparation cost. I would be happy to address any questions or comments you may have. If this proposal is acceptable, please sign this copy and return it at your convenience. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES INe. ~~~ If" Glenn R. Cook cc: Lee Mann 10 TO: Mayor & Council members City Administrato~ FROM: Robin Roland Finance Director SUBJECT: Fund Accounting Structure Change DATE: May 18, 1998 INTRODUCTION During the course of 1997, the "Severance Fund" in the City's accounting structure was changed to the "Employee Expense" fund. DISCUSSION The City's auditors have requested that this change of fund accounting structure be acknowledged by the City Council as appropriate. The Severance Fund was previously a fiduciary fund (funds held in trust) to pay for severance benefits owed to departing City staff. The change to an internal service fund allows the City to better account for all the costs of employee benefits, current and future. ACTION REQUIRED Acknowledge by motion the accounting structure change. Respectfully submitted, k"// . /7/ / tz~~Pljjc~ Robin Roland Finance Director Citl} of FarminiJton 325 Oak Street. Farmington, MN 55024 · (612) 463.7111 · Fax (612) 463.2591 1d TO: Mayor, Councilmembers, City Administrato~ FROM: Lee Smick, Planning fl1{J Coordinator SUBJECT: Time Extension for Recording of East Farmington 4th Addition Final Plat DATE: May 18, 1998 INTRODUCTION City Code requires that developers record final plats with Dakota County within 75 days of approval by the City Council. Sienna Corporation, developer for East Farmington 4th Addition, is requesting a time extension in order to finalize issues with the Development Contract. DISCUSSION Sienna Corporation is requesting a time extension to record the final plat for East Farmington 4th Addition which was approved by the City Council on December 1, 1997. They are requesting an extension to July 7, 1998 to finalize the Development Contract scheduled on the City Council agenda for May 18, 1998. A formal request is attached for Council review. The City Attorney has reviewed and approved the request. ACTION REOUIRED Approve the time extension for recording the final plat for East Farmington 4th addition until July 7, 1998. ~1:tQ Lee Smick, AICP Planning Coordinator CitlJ. of Farmini}.ton 325 Oak Street · FarminiJton, MN 55024 · (612) 463.7111 · Fait (612) 463.2591 MAY-01-1998 12:22 JAMES R HILL. INC. 612 890 6244 P.02/02 JAMES R. Hill, INC. PlANNERS ENGINEERS SURVEYORS 2500 WEST COUNTY ROAD 42, SUITE 120, BUIIlSYILLE, MINNESOTA 55331 (612) 890.6044 FIX 890.6244 May 1, 1998 Mr. Dave Olson. Community Development Director City of Farmington 325 Oak. Street Farmington, MN 55024 Dear Dave: In December 1997, The Farmington City Council approved the East Farmington 4"' Addition consisting of 65 lots along the south side of County Road 72. Two development related items have to be completed/resolved before the plat can be recorded with Dakota County. 1. The vacation of the drainage and utility easement along Twelfth Street needs to be approved by the City Council. Related to this, an Amendment to the East Farmington Development Contract needs to be done reflecting the same action. These items are scheduled for the May 4~ City Council meeting. 2. Previously, the County was requiring that County Road 72 be turned back to the City prior to the recording of the plat. Since the Final Plat approval, meetings between the City and County have eliminated this requirement. On behalf of Sienna Corporation, please extend our Final Plat approval until July 7 so the Development Contract can be finalized and approved by the City. A draft copy has already been submitted along with the final engineering plans with the intent of having that contract approved by the City Council on May lSUa. Thank you for your assistance. LA, Vice President, Planning JS:vjl cc: Rod Hardy, Sienna Corporation TnTOI P VI? 1~ TO: Mayor, Councilmembers, City Administrator~ Lee Smick, Planning Coordinator FROM: SUBJECT: East Farmington 4th Addition Development Contract DATE: May 18, 1998 INTRODUCTION The Development Contract for East Farmington 4th Addition has been drafted in accordance with the conditions presented at the December 1, 1997 City Council meeting. DISCUSSION The East Farmington 4th Addition Development Contract requires the following conditions to be agreed upon: . the Developer enters into the Development Contract; . and the Developer provides necessary security in accordance with the terms of the Contract; . it is understood that building permits for Lots 2, 3, 4 and 5 Block 1 and Lots 2, 3, 4 and 5 Block 2 cannot be issued until the necessary improvements are installed along County Road 72; . and the Developer signs the Development Contract. ACTION REOUESTED Approve the execution of the Development Contract and adopt a resolution authorizing its signing, contingent upon the above conditions and approval by the Engineering Division. Respectfully submitted, ~. Lee Smick Planning Coordinator Citl}. of FarminiJton 325 Oak Street · FarmintJton, MN 550211 · (612) 1163.7111 · FaK (612) 1163.2591 RESOLUTION NO. APPROVING DEVELOPMENT CONTRACT - East Farmington Fourth Addition - Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 18th day of May, 1998 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, pursuant to Resolution No. R135-97, the City Council approved the preliminary and fmal plat of East Farmington Fourth Addition contingent upon the following conditions: 1. The Developer enters into the Development Contract. 2. The Developer provides necessary security in accordance with the terms of the Contract. 3. It is understood that building permits for Lots 2,3,4 and 5 Block 1 and Lots 2,3,4 and 5 Block 2 cannot be issued until the necessary improvements are installed along County Road 72. 4. The Developer signs the Development Contract. WHEREAS, a development contract is now before the Council for its consideration setting forth, among other things, the following Surety Surface Water Management Fees Water Main Trunk Area Charge Park Dedication Water Treatment Plant Fee Sealcoating $797,300.00 $ 66,032.60 $ 31,181.90 $ 29,340.00 $ 31,020.00 $ 3,630.00 NOW, THEREFORE, BE IT RESOLVED that: 1. The aforementioned development contract, a copy of which is on file in the Clerk's office, is hereby approved. 2. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of May, 1998. Mayor Attested to the _ day of May, 1998. City Administrator DEVELOPMENT CONTRACT AGREEMENT dated thisl8 day ofMayl998, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Sienna Corporation, a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for East Farmington Fourth Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: Outlot 0, East Farmington First Addition, according to the recorded plat thereof, Dakota County Minnesota And Outlot A, Outlot B, Outlot G and Outlot H, all in East Farmington Third Addition, according to the plat thereof, Dakota County Minnesota And The south 435.60 feet of the north 501.60 feet of the west 200.00 feet of the east 300.00 feet ofthe Southeast Quarter of the Northwest Quarter of Section 32, Township 114 Range 19, Dakota County Minnesota. 2. Conditions of Approval. The City hereby approves the plat on the condition that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement. c) it is understood that building permits for Lots 2,3,4 and 5 Block I and Lots 2, 3, 4 and 5 Block 2 cannot be issued until the necessary improvements are installed along County road 72. 3. Development plans. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: 4. Plan A - Final Plat Plan B - Final Soil Erosion Control and Grading Plans Plan C - Landscape Plan (Prepared by Derek Young dated 6/25/93 revised 8/10/94) Plan D - ZoningiDevelopment Map Plan E - Wetlands Mitigation as required by the City (Wetland alteration permit approved June 14, 1994) Plan F - Final Street and Utility. Plans and Specifications 1 The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. 4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fmal utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet ofthe plat shall be included. 5. Zoninl!lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Site Grading and Ponding J. Traffic Control Devices k. Setting of Lot & Block Monuments I. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to ~ssure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the 2 Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set ofreproducible "As Built" plans. The Developer shall also supply the City with a 3.5" diskette containing the following information in an Autocad Release 12 compatible fonnat (.dwg or .dxffiles): - approved plat - proposed utilities (stonn sewer, water main, sanitary sewer) - layer names should be self explanatory, or a list must be included as a key. If the Developer does not provide such information, the City will digitize the data. All costs associated with digitizing the data will be the responsibility of the developer. 7. Time of Performance. The Developer shall install all required public improvements by October 31,1999. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. If all improvements are installed by one contractor, the warranty period shall commence after the final t wear course has been completed and the streets have been accepted by City Council resolution. If streets and underground utilities are installed by separate contractors, the warranty period on streets shall commence after the fmal wear course has been installed and accepted by City Council resolution and the warranty period on underground utilities shall commence following their completion and acceptance by the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to > > pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 3 10. Gradinl! Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property owners/residents of this work prior to its initiation. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for a $ -0- Erosion and Sediment Control fee (previously paid) based upon the number of lots in the plat, plus inspection fees at the current rate of $45.00 per hour as charged by the Soil and Water Conservation District. The DeveLoper is also responsible for a Water Quality Management Fee of $ 815.00 based upon the number of acres in the plat. 12. Landscapinl!. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plan A. No earth moving, construction of public improvements or other development shall be done in any phase until a fmal plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. 4 Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been fmal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Mana2ement Fee. The Developer shall pay an area storm water management charge of $ 66,032.60 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Char2e. The Developer shall pay a water area charge of$ 31,181.90 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $9768.00 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is that the assessment will be based on a charge of$21,413.90. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 31,020.00 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over 5 a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge ofs 21,369.30 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall pay a park dedication fee of $ 29,340.00 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 3,610.00 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 22. GIS Fees. The Developer is responsible for a Government Information System fee of$I,650.00 based upon the number of lots within the subdivision. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. The Developer shall also provide emergency access easements within thirty (30) days to Outlots A, B, C, and D, for police, fire, rescue and emergency calls,.as well as easements to provide comer lot access to those same outlots. The easements are illustrated on the attached Exhibits. 6 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The development will be inspected twice a week on Tuesday and Thursday afternoon. The City shall have the right to clean streets identified in the inspections as having an unacceptable amount of debris the following day. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 797,300.00. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. Ifthe required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control $N/A Monuments $ 13,200.00 Sanitary Sewer Lateral $174,000.00 St. Lites/Signs $ 17,400.00 Water Main $ 157,600.00 Blvd. Trees $ 23,100.00 Storm Sewer $ 75,500.00 Blvd. Sodding $ 7,500.00 Street Construction $ 275,700.00 Wetland Mitigation $ N/A Two Years Principal and Interest on Assessments $ 53,300.00 This breakdown is for historical reference; it is not a restriction on the use of the security. 27. Responsibility for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, 7 easements and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 30. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its optiqn, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 31. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as tbe case may be. 8 B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of rough site grading, installation of erosion control devices and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees, that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. 9 I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. 1. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24 hour basis such as dewatering, etc. Any deviation from the above hours are subject to approval of the City Engineer. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate No. 362A for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30. 32. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: 10 Rodney D. Hardy Sienna Corporation 4940 Viking Drive Suite 608 Minneapolis MN 55435 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: John F. Erar, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 11 CITY OF FARMINGTON By: By: DEVELOPER: By: Drafted by: City of Farmington , 325 Oak Street Farmington, Minnesota 55024 (612) 463-7111 SIGNATURE PAGE Gerald Ristow, Mayor John F. Erar, City Administrator Its: 12 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 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , a corporation under the laws of Minnesota, on behalf of the corporation. , 19_ by , the of Notary Public 13 OUTLOT A, EAST FARMINGTON FOURTH ADDITION EMERGENCY ACCESS EASEMENT MARCH 24. 1998 SCALE : 1 INCH = 60 FEET Note: The final plat of EAST FARMINGTON FOURTH ADDmON has not been recorded with the Dakota County Recorder a8 of the date of this .ketch. COUNTY ROAD NO. 72 1 2 14 5 6 ELM STREET James R. Hill, Inc. ,~, OUTLOT B, EAST FARMINGTON FOURTH ADDITION EMERGENCY ACCESS EASEMENT MARCH 24. 1998 SCALE : 1 INCH = 60 FEET Note: The final plat of EAST FARMINGTON FOURTH ADDITION hu nol been recorded with the Dakota County Recorder u of the date of this sketch. COUNTY ROAD NO. 72 1 2 14 4 3 14 5 .- w 15 w ~ (f) EMERGENCY ACCESS / 0 /' - EASEMENT -- N ~ 14 I : OUTLOT B 6 2 z I W J ~ / / a::: - 13 F= 6 I ! 6 i i 8 7 i ... - ----- ,. 11 10 9 L 12 6 6 ELM STREET James R. Hill. Inc. I .' . . OUTLOT C, EAST FARMINGTON FOURTH ADDITION EMERGENCY ACCESS EASEMENT MARCH 24. 1998 SCALE : 1" INCH = 60 FEET Note: The final plat of EAST FARllINGTON FOURTH ADDmON has not been recorded with the Dakota County Recorder a8 of the date of this sketch. ELM STREET NE CORNER OF LOT 1- 1 5 6 3 4 SE CORNER /' 3 r- OF LOT 1 -- I- 0 I.LJ 16 0 6 w I.LJ W ~ 0:: I- 00 ....... - ANGLE POINT LOT 16 (f) - - EMERGENCY ACCESS - EASEMENT '\ F= 15 \ 7 FE OUTLOT C \ Z \ Z I.LJ \ W ~ W _ ...1 ANGLE POINT LOT 8 t- a::: 0:: - 14 J 8 :::> :c t- O L1- i __.. __ __ .__ ___u___ i i. i - - NW CORNER i 12 11 6 OF LOT 9 13 9 OAK STREET '- SW CORNER OF LOT 9 James R. Hill, Inc. OUTLOT Dt EAST FARMINGTON FOURTH ADDITION EMERGENCY ACCESS EASEMENT MARCH 24. 1998 SCALE : 1 INCH = 60 FEET Note: The final plat of EAST FAlUlINGTON FOURTH ADDITION has not been recorded with the Dakota County Recorder 8S of the date of thi8 sketch. ELM STREET r- w w ~ 00 11/ 6 11/ 1 1I/ 6 5 2 3 4 V'/ 1I/ tI/ 4 - 11-6 V' 6 18 6 - .",.- / / 17 I \ 7 OUTLOT 0 \ \ \ \ EMERGENCY ACCESS J 16 / 8 .",. - EASEMENT -. _ ./ , / I / ,t._-- / 15 // 9 6 // ~ ;I / 6 " till 13 12 1 1 tll/ till 14 1/ - ~~6 10 . . 6 V' F u. -I W ~ r- w w ~ (I) ~ Z W ~ 0::: - ~ I James R. Hill. Inc. II OAK STREET .'. EMERGENCY ACCESS DESCRIPTION ... An easement for emergency access purpose, over and across the easterly 14.00 feet of Lot 2, Block 1, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. . EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the easterly 14.00 feet of Lot 3, Block 1, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 14.00 feet of Lot 4, Block 1, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. . EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 14.00 feet of Lot 5, Block 1, EAST FARMINGTON FOURTH ADDITION, according.to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 6.00 feet of Lot 9, Block 1, EAST FARMINGTON FOURTH ADDITION , -------accordingl(fthe recorded plat thereof; Dakota County, Minncsota.- -------- g:/msoffice/docsI1696acce.dot . ,'. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 6.00 feet of Lot 10, Block 1, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the easterly 6.00 feet of Lot 11, Block 1, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the easterly 14.00 feet of Lot 2, Block 2, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the easterly 14.00 feet of Lot 3, Block 2, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly t4:9_QJ~~1 of Lot 4, Block 2, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County,-Minnesoia~. , , g:/msoffice/docs/7696a<:<:e.dot EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 14.00 feet of Lot 5, Block 2, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across that part of the northerly 20.00 feet of Lot 6, Block 2, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying westerly of the southerly extension of the east line of the west 14 feet of Lot 5, said Block 2. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 6.00 feet of Lot 11, Block 2, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easem~nt for emergency access purpose, over and across the easterly 6.00 feet of Lot 12, Block 2, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over ana-acrossffieeasterly6.00 feet of Lot 13, Block 2, EAST FARMINGTON FOURTH ADDITION , according to the recorded plat thereof, Dakota County, Minnesota. g:/msollice/docs/7696acce.dot EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the easterly 6.00 feet of Lot 1, Block 3, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 6.00 feet of Lot 2, Block 3, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION A 6.00 foot wide easement for emergency access purpose, over and across that part of Lot 16, Block 3, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, the easterly line of said easement is described as follows: Beginning at the northeast corner of Lot 1, said Block 3; thence southerly, along the easterly line of said Lot 1, a distance of 75.00 feet to the southeast corner of said Lot 1; thence southeasterly, along the easterly line of said Lot 16, a distance of 49.24 feet to an angle point on the easterly line of said Lot 16 and said line there tenninating. I The side line of said easement shall be prolonged or shortened to terminate on the northerly and easterly lines of said Lot 16. g:/msomceldocs/7696ac:ce.dot . . EMERGENCY ACCESS DESCRIPTION A 6.00 foot wide easement for emergency access purpose, over and across that part of Lot 8, Block 3, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, the westerly line of said easement is described as follows: Beginning at the southwest comer of Lot 9, said Block 3~ thence northerly, along the westerly line of said Lot 9, a distance of 75.00 feet to the northwest corner of said Lot 9~ thence northwesterly, along the westerly line of said Lot 8, a distance of 49.24 feet to an angle point on the westerly line of said Lot 8 and said line there terminating. The side line of said easement shall be prolonged or shortened to terminate on the southerly and westerly lines of said Lot 8. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 6.00 feet of Lot 9, Block 3, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. . EMERGENCY ACCESS DESCRIPTION t An easement for emergency access purpose, over and across the easterly 6.00 feet of Lot 10, Block 3, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESSDESCRlPTTOW--- An easement for emergency access purpose, over and across the easterly 6.00 feet of Lot 4, Block 4, EAST FARMINGTON FOURTH ADI)ITION, according to the recorded plat thereof, Dakota County, Minnesota. g:/msofficeldocs/7696accc.dot EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 6.00 feet of Lot 5, Block 4, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 6.00 feet of Lot 6, Block 4, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the westerly 6.00 feet of Lot 13, Block 4, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the easterly 6.00 feet of Lot 14, Block 4, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. EMERGENCY ACCESS DESCRIPTION An easement for emergency access purpose, over and across the easterly 6.00 . f~eL_QL LQtJ~, Block 4, EAST FARMINGTON FOURTH ADDITION, according to the recorded plat thereof, Dakota CouniY:--MllUiesoia.- g:/msofficeldocsl7696acce.dol TO: Mayor, Councilme~s, City AdministratorjO (/f Ken Kuchera, Fire Ch!ef 1f FROM: SUBJECT: School and Conference Request DATE: May 18, 1998 INTRODUCTION The Fire Department will be sending six firefighters to attend Emergency Response Driving/or Fire Apparatus Operators on May 18, 1998. DISCUSSION Firefighters will be attending the course at the Dakota County Technical College in Rosemount, Minnesota. The topics that will be covered during the course are (1) cornering; (2) accident avoidance; and (3) skid control. BUDGET IMPACT The cost ofthe course is $95.00 per student or $570.00 total, which is included in the 1998 Budget. ACTION REOUIRED This is for information only. Respectfully submitted, ckuiA -t(U C h;?~~(~ Ken Kuchera 'J-dr Fire Chief I CitlJ of FarminiJton 325 Oak Street · Farmin9tonl MN 55024 · (612) 463-7111 · Fa/( (612) 463.2591 FROM: Mayor, Councilm~~r~ and City Administrator Ken Kuchera Fire Chief 1:) TO: SUBJECT: Capital Outlay Purchase - Fire Department DATE: May 18, 1998 INTRODUCTION The Fire Department is requesting the purchase of two portable Tele-Lites. DISCUSSION The Tele-Lites will allow the firefighters to deliver lighting to areas beyond the reach of their on- board generators and electrical cord supply. BUDGET IMPACT Quotes have been obtained from Clarey's Safety Equipment, Inc. and Danko Emergency Equipment Co. The total cost of the Tele-Lites based on the lowest quote received from Danko Emergency Equipment Co. is $1,714.65 including tax. This purchase has been authorized in the 1998 Budget and is within the budgeted amount. ACTION REQUESTED No action is required. This is for your information only. Respectfully submitted, c-LL~ Ken Kuchera Fire Chief CitlJ, of FarminiJ.ton 325 Oalc Street · FarminfJton, MN 55024 · (612) 463.7111 · Falf (612) 463.2591 __ __________ ___ __..________n__ _ __ 1h TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Acknowledgement Resignation - Administration Department DATE: May 18, 1998 INTRODUCTION The City has received notice from Lori Folie, Executive Assistant in the Administration Department of her intention to resign effective June 15, 1998. DISCUSSION Ms. Folie has decided for personal family reasons to leave her position with the City. Lori has contributed greatly to the efforts of the department in her short tenure with the City. Ms. Folie's initiative, professional demeanor and willingness to learn have been greatly appreciated, and will be missed. BUDGET IMPACT None. ACTION REQUESTED Acknowledge Ms. Folie's decision to resign effective June 15, 1998. Respectfully submitted, f;f~~ ohn F. Erar City Administrator CitlJ of Farmint}.ton 325 Oak Street · FarmintJton, MN 55024 · (612) 463.7111 · Fa/( (612) 463.2591 1 I . TO: Mayor, Councilmembers and City Administrator'J!t- FROM: James Bell Parks & Recreation Director SUBJECT: Request for Proposals for Recycling Services for Residential and Commercial Customers DATE: May 18, 1998 INTRODUCTION The City requested proposals for residential recycling services in 1995. The residential agreement with Lakeville Sanitary expires on September 30, 1998 and the commercial agreement with Dick's Sanitation expires March 31, 1999. ' DISCUSSION After a review of the Request for Proposals it was determined that some changes would make recycling for residents more convenient and also allow them the opportunity to decrease their solid waste service by enabling them to recycle more materials at the curb. It is also proposed to combine the residential and commercial agreements. Dakota County Ordinance 110 requires that recycling services be offered to all customers. A new Request for Proposals has been drafted, including the following changes: I. Adding boxboard and telephone books to the curbside recycling materials. 2. Combining residential and commercial recycling agreements. 3. Adding optional curbside yard waste as an alternative. 4. Adding Christmas tree pickup in January as an alternative. 5. Adding recycling for Mountain Dew Days as an alternative. BUDGET IMPACT Requesting proposals for recycling services provides the City with the most cost-effective recycling service. Recycling costs are passed on to the customers. ACTION REQUESTED Direct staff to advertise for Requests for Proposals for Recycling Services for Residential and Commercial Customers. Respectfully Submitted, t ."J ,,/ (] -~_J '---" \z::::>.~ James Bell Parks & Recreation Director Citlj of Farmin9ton 325 Oak Street · FarminfJton, MN 55021, · (612) 463.7111 · Fax (612) 463.2591 TO: Mayor, Councilmembers City Administrator1Jt.. Jaines Bell, Parks and Recreation Director 1j FROM: SUBJECT: Approve Change Order - Municipal Pool DATE: May 18, 1998 INTRODUCTION During the reconstruction of the pool bath house, the architect and staff identified the need to replace five additional doors and make some minor changes to facility sewer lines. DISCUSSION I J The entry doors and frames on the women's, men's and office entries are badly rusting. The consultant and staff met to discuss the condition of the doors. With all the new doors and changes in the bath house, the City will have a relatively new facility. The doors will need replacing in the near future so it was determined that they should be replaced at this time. In addition to the doors, problems with the sewer lines needed attention. The lines were not exactly located as on the original building plans indicated, therefore the current work plans needed to be revised. The added changes required adjustments to the bid. BUDGET IMPACT The changes requested will increase the cost of the project by $3,769.02. Funding for the change order will come from CDBG funds and the Parks Improvement Fund. ACTION REOUESTED Council approval of change order #1 of the pool bath house improvements is requested. Respectfully submitted, ~ -S.d2SJ James Bell Parks and Recreation Director CitlJ of FarminiJton 325 Oak Street · Farmington, MN 55024 · (612) 463-7111 · Fait (612) 1,63-2591 TO: Mayor, Councilmembers City Administrator~ James.Bell, Parks and Recreation Director lK FROM: SUBJECT: Authorize Disposal of Equipment - Parks and Recreation Dept. DATE: May 18, 1998 INTRODUCTION Staff seeks Council authorization to accept sealed bids for the sale of the rear packer truck in the Solid Waste Division. DISCUSSION The rear packer truck is no longer in service. Since the City changed solid waste service to the automated system, the rear packer has been used only for Christmas tree collection. This past winter, staffused a chipper and dump truck. This method of disposing of the Christmas trees is more cost efficient, therefore the need for the rear packer truck has diminished. BUDGET IMPACT Funds received from the sale of the rear packer truck will be designated to the Solid Waste Fund as appropriate. ACTION REQUESTED Council authorization to advertise and receive bids to dispose of the rear packer truck. Respectfully submitted, ~~~ James Bell Parks and Recreation Director CitlJ of FarminiJ.ton 325 Oak Street. Farm;nljton/ MN 5502~ · (612) ~63.7111 · Fax (612) ~63.2591 COUNCIL REGISTER COUNCIL MEETING ON MAY 18, 1998 VENDOR 14-MAY-1998 (11:56) 1\ AA EQUIPMENT COMPANY ------------------------------------------------------------------------------------------------------------------------ ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM <*> AIRTOUCH CELLULAR <*> ALCORN BEVERAGE CO. INC. <*> ALERT-ALL CORPORATION <*> ALLSTATE SALES & LEASING CORP. <*> AMERICAN STUDENT TRANSPORTATIO <*> ASPENWALL TREE SERVICE INC <*> ASTLEFORD EQUIPMENT CO INC <*> AT&T WIRELESS SERVICES <*> B & S INDUSTRIES INC <*> BELLBOY CORPORATION BAR SUPPLY <*> BENSON CONSTRUCTION, DOUG <*> BRAD RAGAN INC <*> BRAKE & EQUIPMENT WAREHOUSE IN <*> BRAUN INTERTEC CORPORATION <*> BRAUN TURF FARMS <*> BT OFFICE PRODUCTS INTERNATION <*> BUDGET OIL CO <*> BUREAU OF ALCOHOL TOBACCO & FI <*> C P RAIL LIMITED <*> CANNON WELDING AND MANUFACTURI LIQUOR BLDG IMPROVEMENT 592.27 OH 592.27* BUILDING INSPCT UTILITIES 28.14 OH BUILDING MAINT UTILITIES 8.26 OH FIRE SERVICES UTILITIES 35.68 OH PARK MAINT UTILITIES 26.25 OH RECREATION PROGR UTILITIES 18.31 OH RESCUE SQUAD UTILITIES 24.77 OH 141.41* LIQUOR MERCH FOR RESALE 16,747.02 OH 16,747.02* FIRE SERVICES SPEC ACT SUPPL 171. 70 OH 171.70* SOLID WASTE TRANSPORT COSTS 16.10 OH 16.10* Recreation prog OPER MAT & SUPPL 43.30 OH 43.30* TREE MAINTENANCE PROF SERVICES 479.25 OH 479.25* SOLID WASTE EQUIP MAINT/RENT 76.59 OH 76.59* BUILDING MAINT UTILITIES 3.77 OH ENGINEERING SERV UTILITIES 11.35 OH FLEET MAINT SERV UTILITIES 3.78 OH SEWER OPEATIONS UTILITIES 1.26 OH STREET MAINT UTILITIES 1.26 OH WATER UTILITY UTILITIES 1.26 OH 22.68* PATROL SERVICES TRANSPORT COSTS 225.66 OH 225.66* LIQUOR MERCH FOR RESALE 411.19 OH 411.19* ESCROW FUND ESCROWS PAYABLE 1,500.00 OH 1.500.00* SOLID WASTE TRANSPORT COSTS 40.11 OH 40.11* PATROL SERVICES TRANSPORT COSTS 421. 91 OH 421.91* ARENA TEAM ROOM PROF SERVICES 275.69 OH 275.69* TREE MAINTENANCE OPER MAT & SUPPL 59.75 OH 59.75* ADMINISTRATION OFF & PAPER SUPP 651.10 OH 651.10* ENGINEERING SERV TRANSPORT COSTS 26.65 OH PARK MAINT TRANSPORT COSTS 70.60 OH PATROL SERVICES TRANSPORT COSTS 69.92 OH SOLID WASTE TRANSPORT COSTS 617.28 OH STREET MAINT TRANSPORT .cOSTS 160.44 OH 944.89* LIQUOR MISC 250.00 OH 250.00* STATE AID CONST CONSTRUCTION 1,661.19 OH 1,661.19* PARK MAINT OPER MAT & SUPPL 750.00 OH COUNCIL REGISTER VENDOR ACTIVITY 14-MAY-1998 (11:56) DESCRIPTION CRECK AMOUNT CK-SUBSYSTEM <*> -------------------------------------------------------------------------------------------------------------------- CAP AGENCY <*> CARQUEST <*> COCA-COLA ENTERPRISES <*> COLLEGE CITY BEVERAGE INC <*> COMMERCIAL ASPHALT CO <*> CONOCO <*> CURTIS FIRE CONTROL <*> CY'S UNIFORMS <*> DAKOTA COUNTY LUMBER COMPANY <*> DAKOTA COUNTY SOIL AND WATER <*> DAKOTA COUNTY TREASURER/AUDITO <*> DAKOTA ELECTRIC ASSOCIATION <*> DANKO EMERGENCY EQUIPMENT CO <*> DAY DISTRIBUTING CO <*> DELEGARD TOOL CO <*> DESIGN 1 OF EDINA LTD <*> DIAMOND VOGEL PAINT CENTER <*> DICK'S SANITATION INC <*> EARL F ANDERSON AND ASSOCIATES <*> ERAR. JOHN <*> SENIOR CITIZEN FIRE SERVICES SOLID WASTE STREET MAINT WATER UTILITY LIQUOR LIQUOR STREET MAINT FIRE SERVICES PATROL SERVICES SOLID WASTE SOLID WASTE PATROL SERVICES POLICE ADMIN SEWER OPEATIONS DEVLPR CAP PROJ EQUIP MAINT/RENT TRANSPORT COSTS TRANSPORT COSTS TRANSPORT COSTS EQUIP MAINT/RENT MERCH FOR RESALE MERCR FOR RESALE OPER MAT & SUPPL TRANSPORT COSTS TRANSPORT COSTS TRANSPORT COSTS PROF SERVICES OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL PROF SERVICES HRA/ECONOMIC DEV MISC PATROL SERVICES PROF SERVICES STATE AID CONST MISC BUILDING MAINT FIRE SERVICES LIQUOR SEWER OPEATIONS STREET MAINT WATER UTILITY FIRE SERVICES LIQUOR UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES OPER MAT & SUPPL MERCH FOR RESALE FLEET MAINT SERV TRANSPORT COSTS SALES GENERAL FUND STREET MAINT SOLID WASTE PARK MAINT STREET MAINT ADMINISTRATION OPER MAT & SUPPL PROF SERVICES OPER MAT & SUPPL OPER MAT & SUPPL TRANSPORT COSTS 750.00* 612.00 612.00* -1.61 110.51 177.16 66.06 352.12* 394.83 394 . 83 * 18,596.95 18,596.95* 288.19 288.19* 99.24 36.60 324.13 459.97* 27.95 27.95* 44.45 36.31 80.76* 38.32 38.32* 300.00 300.00* 1,593.92 68.34 4,677.36 6,339.62* 11.40 409.52 337.73 131.83 38.45 322.28 1,251.21* 144 .71 144.71* 224.60 224.60* 76.73 76.73* 110.00 110.00* 439.85 439.85* 10,616.63 10,616.63* 52.86 149.03 201.89* 78.75 78.75* OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR COUNCIL REGISTER VENDOR ACTIVITY 14-MAY-1998 (11:56) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM -------------------------------------------------------------------------------------------------------------------- OH FARMINGTON EMPLOYEE CLUB <*> FARMINGTON PRINTING INC <*> FARMINGTON, CITY OF <*> FEDERAL RESERVE BANK <*> FIRE INSTRUCTORS ASSN OF MINNE <*> FIRST NATIONAL BANK OF FARMING <*> FRITZ COMPANY INC <*> FRONTIER COMMUNICATIONS <*> FRONTIER COMMUNICATIONS - ACCE <*> FRONTIER COMMUNICATIONS SERVIC <*> GARY'S RADIATOR REPAIR <*> GENERAL OFFICE PRODUCTS COMPAN <*> GRIGGS COOPER & CO <*> HANSEN CONSTRUCTION <*> HENNEPIN COUNTY SHERIFF ..t*> HENNEPIN TECHNICAL COLLEGE <*> HOHENSTEINS INC <*> HYDRO SUPPLY CO <*> ICMA RETIREMENT TRUST-457 <*> INTERNATIONAL ASSOCIATION <*> INTERSTATE BATTERY ~IN CITIES <*> J & T LIGHTING*RECYCLING <*> JARVI CONSTRUCTION <*> GENERAL FUND EMPLOYEE CLUB ENGINEERING SERV PRINT & PUBLISH ADMINISTRATION GEN ACCOUNTING GENERAL FUNP PATROL SERVICES PLANNING/ZONING SOLID WASTE GENERAL FUND FIRE SERVICES GEN ACCOUNTING LIQUOR LIQUOR GEN ACCOUNTING MIS COMMUNICATIONS PRINT & PUBLISH TRANSPORT COSTS MISC REVENUES SCHOOL & CONF SCHOOL & CONF TRANSPORT COSTS SAVINGS BONDS DUES & SUBSCRIP PROF SERVICES OPER MAT & SUPPL UTILITIES UTILITIES UTILITIES UTILITIES ENGINEERING SERV TRANSPORT COSTS OUTDOOR ICE OPER MAT & SUPPL RECREATION PROGR OPER MAT & SUPPL LIQUOR ESCROW FUND GENERAL FUNP FIRE SERVICES RESCUE SQUAD LIQUOR WATER UTILITY GENERAL FUNP INVESTIGATION PARK MAINT STREET MAINT FIRE SERVICES ESCROW FUND MERCH FOR RESALE ESCROWS PAYABLE POLICE SERVICES SCHOOL & CONF SCHOOL & CONF MERCH FOR RESALE OPER MAT & SUPPL ICMA SCHOOL & CONF TRANSPORT COSTS EQUIP MAINT/RENT PROF SERVICES ESCROWS PAYABLE 47.00 47.00* 96.38 96.38* 23.80 10.08 9.18 19.44 8.00 12.07 82.57* 25.00 25.00* 10.00 10.00* 15.00 15.00* 1,362.00 1,362.00* 375.25 375.25* 401. 28 401. 28 802.56* 111.42 111.42* 49.50 49.50* 153 .71 237.41 391.12* 2,415.82 2,415.82* 1,500.00 1,500.00* 230.00 230.00* 191. 00 517.00 708.00* 2,877.90 2,877.90* 163.53 163.53* 3,638.74 3,638.74* 35.00 35.00* . 71.30 527.92 599.22* 22.20 22.20* 1,500.00 1,500.00* OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL REGISTER VENDOR ACTIVITY 14-MAY-1998 (11:56) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM ------------------------------------------------------------------------------------------------------------------- OH JEWELERS OF AMERICA INC <*> JIRIK SOD FARMS INC <*> JOHNSON BROTHERS LIQUOR COMPAN <*> JORDAN BEVERAGE INC <*> KELLY ELECTRIC INC <*> KENNEDY, DOREEN <*> KING ENVIRONMENTAL PRODUCTS <*> LAKEVILLE, CITY OF <*> LAMPERTS <*> LAW ENFORCEMENT LABOR SERVICES <*> M W JOHNSON <*> MANDERS DIESEL REPAIR INC <*> MARK VII DISTRIBUTORS INC <*> MARTIN, ERIC <*> METRO MEALS ON WHEELS COLLABOR <*> METRO WELDING SUPPLY <*> METROPOLITAN COUNCIL <*> MINNESOTA AFSCME COUNCIL #14 <*> MINNESOTA BENEFIT ASSOCIATION <*> MINNESOTA COUNTY ATTORNEYS ASS <*> MINNESOTA HISTORICAL SOCIETY <*> MINNESOTA PIPE AND EQUIPMENT <*> MINNESOTA UC FUND <*,. MRPA - MINNESOTA USSSA <*> NATROGAS INC. <*> NELSON RADIO COMMUNICATIONS <*> ESCROW FUND OPER MAT & SUPPL SNOW REMOVAL OPER MAT & SUPPL LIQUOR MERCH FOR RESALE LIQUOR MERCH FOR RESALE LIQUOR BLDG IMPROVEMENT Recreation prog OPER MAT & SUPPL PARK MAINT OPER MAT & SUPPL PATROL SERVICES EQUIP MAINT/RENT FIRE SERVICES BLDG MAINT & RNT Police Forfietur OPER EQUIP PURCH GENERAL FUND LELS UNION DUES ESCROW FUND ESCROWS PAYABLE SOLID WASTE TRANSPORT COSTS LIQUOR MERCH FOR RESALE GENERAL FUND BURNING PERMITS SENIOR CITIZEN DUES & SUBSCRIP RECREATION PROGR EQUIP MAINT /RENT GENERAL FUND SEWER OPERATIONS S.A.C. CHARGE AFSCME UNION DUE GENERAL FUND POLICE ADMIN BOARDS & COMM ESCROW FUND WATER UTILITY BUILDING INSPCT FIRE SERVICES Recreation Prog STREET MAINT EMERG MGMT SERV MBA/MN BENEFITS PRINT & PUBLISH SCHOOL & CONF ESCROWS PAYABLE OPER MAT & SUPPL PAYROLL EXPENSES PAYROLL EXPENSES OPER MAT & SUPPL OPER MAT & SUPPL EQUIP MAINT/RENT 51. 00 51. 00* 6.75 6.75* 3,624.68 3,624.68* 2,111.20 2, Ill. 20* 615.00 615.00* 91. 00 91. 00* 1,119.20 1,119.20* 9.00 9.00* 36.56 213.64 250.20* 148.50 148.50* 1,500.00 1,500.00* 164.76 164.76* 7,832.60 7,832.60* 10.00 10.00* 25.00 25.00* 17.00 17.00* 28,710.00 28,710.00* 375.30 375.30* 278.83 278.83* 13.40 13 .40* 70.00 70.00* 300.00 60.62 360.62* 912.21 912.22 1,824.43* 368.00 368.00* 159.75 159.75* 218.06 218.06* OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL REGISTER VENDOR ACTIVITY 14-MAY-1998 (11:56) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM --------------------------------------------------------------------------------------------------------------------- NORTHERN STATES POWER COMPANY <*> NORTHLAND CHEMICAL CORP <*> NRG ENERGY INC <*> OFFICE MAX <*> OLSON, BYRON <*> OVERHEAD DOOR CO. OF THE NORTH <*> PAPER DIRECT INC <*> PEDERSEN AUTO SHOP INC <*> PELLICCI HARDWARE & RENTAL <*> PEOPLES NATURAL GAS <*> PEPSI COLA COMPANY <*> PHILLIPS WINE AND SPIRITS INC <*> POLFUS IMPLEMENT INC. <*> PUBLIC EMPLOYEES RETIREMENT AS <*> QUALITY WINE AND SPIRITS CO <*> R & R SPECIALTIES INC <*> BUILDING MAINT UTILITIES ERA/ECONOMIC DEV UTILITIES ICE ARENA UTILITIES IDEA SCHOOL UTILITIES LIQUOR UTILITIES OUTDOOR ICE UTILITIES SENIOR CITIZEN UTILITIES SEWER OPEATIONS UTILITIES SIGNAL MAINT UTILITIES STREET MAINT UTILITIES SWIMMING POOL UTILITIES WATER UTILITY UTILITIES STREET MAINT SOLID WASTE LIQUOR Recreation prog BUILDING MAINT Recreation prog PARK MAINT BUILDING MAINT FIRE SERVICES ICE ARENA IDEA SCHOOL LIBRARY SERVICES PARK MAINT POLICE ADMIN Recreation Prog SENIOR CITIZEN SEWER OPEATIONS STREET MAINT SWIMMING POOL WATER UTILITY WATER UTILITY LIQUOR LIQUOR PARK MAINT GENERAL FUND LIQUOR ICE ARENA OPER MAT & SUPPL PROF SERVICES OPER MAT & SUPPL OPER MAT & SUPPL EQUIP MAINT/RENT OPER MAT & SUPPL TRANSPORT COSTS OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL EQUIP MAINT/RENT OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL UTILITIES MERCH FOR RESALE MERCH FOR RESALE EQUIP MAINT/RENT PERA MERCH FOR RESALE EQUIP MAINT/RENT 930.94 141. 43 30.94 968.57 283.05 24.51 158.34 290.27 255.90 229.71 104.76 1,678.66 5,097.08* 55.46 55.46* 1,769.18 1,769.18* 72 .26 72.26* 20.00 20.00* 783.30 783.30* 37.80 37.80* 309.59 309.59* 85.43 112.51 39.71 16.43 9.04 42.36 26.50 3.39 7.32 7.45 1.27 146.23 7.46 505.10* 44.18 44.18* 380.45 380.45* 1,291.69 1,291.69* 874.97 874.97* 9,406.03 9,406.03* 4,288.70 4,288.70* 76.80 76.80* OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OR OR OR OR OR OH COUNCIL REGISTER VENDOR RC IDENTIFICATIONS INC <*> RENT 'N' SAVE PROTABLE SERVICE <*> RICHARDS ASPHALT COMPANY <*> RICHARDSON CONSTRUCTION <*> RlVERCITY DEVELOPMENT <*> ROLAND, ROBIN <*> RON'S GOURMET ICE <*> RYAN CONTRACTING INC. <*> S & S WORLDWIDE <*> SAFETY-KLEEN <*> SALES GUIDES INC <*> SCAN AIR FILTER INC <*> SKB ENVIRONMENTAL INC <*> SOUTH SUBURBAN MEDICAL <*> ST CROIX COUNTY <*> ST PAUL, CITY OF <*> STATE CAPITOL CREDIT UNION <1*> STREICHER'S <*> THISWEEK NEWSPAPERS <*> TOTAL REGISTER SYSTEMS INC <*> TWIN CITIES MACK SALES & SERVI <*> UNIQUE CONTRACTING SERVICE COR <*> UNITED WAY FUND OF ST. PAUL Art <*> UNITOG RENTAL SERVICES <*> UNUM LIFE INSURANCE CO OF AMER 14-MAY-1998 (11:56) ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM ENGINEERING SERV PROF SERVICES PATROL SERVICES OPER MAT & SUPPL PARK MAINT UTILITIES STREET MAINT OPER MAT & SUPPL ESCROW FUND ESCROWS PAYABLE ESCROW FUND ESCROWS PAYABLE GEN ACCOUNTING SCHOOL & CONF LIQUOR MERCH FOR RESALE ELM ST EXTENSION CONSTRUCTION LARCH STREET CONSTRUCTION Senior Center OPER MAT & SUPPL SOLID WASTE STREET MAINT TRANSPORT COSTS BLDG MAINT & RNT RECREATION PROGR OPER MAT & SUPPL IDEA SCHOOL OPER MAT & SUPPL SOLID WASTE LANDFILL FEES POLICE ADMIN PROF SERVICES GENERAL FUND CHILD SUPPORT STREET MAINT OPER MAT & SUPPL GENERAL FUND ST CREDIT UNION PATROL SERVICES VEHICLE PURCHASE PERSONNEL PRINT & PUBLISH STATE AID STREET PRINT & PUBLISH LIQUOR OPER MAT & SUPPL SOLID WASTE TRANSPORT COSTS PARK IMPROVEMENT CONSTRUCTION GENERAL FUND UNITED WAY FLEET MAINT SERV OPER MAT & SUPPL SOLID WASTE OPER MAT & SUPPL STREET MAINT OPER MAT & SUPPL GENERAL FUND MEDICAL INS 29.29 2.66 31.95* 293.95 293.95* 196.81 196.81* 1,500.00 1,500.00* 1,500.00 1,500.00* 275.00 275.00* 637.60 637.60* 22,358.64 19,287.12 41,645.76* 298.65 298.65* 610.44 553.70 1,164.14* 365.22 365.22* 405.47 405.47* 86.00 86.00* 164.50 164.50* 209.81 209.81* 210.77 210.77* 2,104.16 2,104.16* 228.90 228.90* 96.90 77.86 174.76* 55.98 55.98* 55.27 55.27* 38,209.00 38,209.00* 25.00 e 25.00* 31.33 93.96 187.91 313.20* 147.60 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL REGISTER 14-MAY-1998 (11:56) VENDOR ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM - ---------------------------------------------------------------------------------------------------------------------- <*> 147.60* US WEST COMMUNICATIONS GEN ACCOUNTING UTILITIES 149.55 OH MIS UTILITIES 149.56 OH <*> 299.11* VI'S THRIFT SHOP SENIOR CITIZEN SPEC ACT SUPPL 75.00 OH <*> 75.00* VOSS LIGHTING BUILDING MAINT EQUIP MAINT/RENT 73.49 OH <*> 73.49* W W GRAINGER INC LIQUOR BLDG IMPROVEMENT 89.81 OH <*> 89.81* WACKER, MARILYN PATROL SERVICES OPER MAT & SUPPL 39.00 OH <*> 39.00* WALTON, MARILYN POLICE ADMIN OPER MAT & SUPPL 28.98 OH <*> 28.98* WELCOME FRIENDS SENIOR CITIZEN SPEC ACT SUPPL 9.53 OH <*> 9.53* WENSMANN BROTHERS CONSTRUCTION ESCROW FUND ESCROWS PAYABLE 1,500.00 OH <*> 1,500.00* WINE COMPANY, THE LIQUOR MERCH FOR RESALE 176.00 OH <*> 176.00* WW DIVERSIFIED ENDEAVORS BUILDING MAINT OPER MAT & SUPPL 75.72 OH <*> 75.72* XEROX CORPORATION ADMINISTRATION EQUIP MAINT/RENT 539.06 OH <*> 539.06* ZIEGLER INC FLEET MAINT SERV EQUIP MAINT/RENT 32.71 OH <*> 32.71* 251,379.88* <*> APPROVALS: RISTOW GAMER STRACHAN FITCH C~RDES TO: Mayor, Councilmembers City Administrator ~ James. Bell, Parks and Recreation Director - FROM: SUBJECT: Boulevard Tree Policy DATE: May 18, 1998 INTRODUCTION The Parks and Recreation Commission (P ARAC) has reviewed the Tree Ordinance in relation to planting and trimming of boulevard trees. DISCUSSION After reviewing the Tree Ordinance, P ARAC requests Council consider the proposed Boulevard Tree Maintenance Program. This program is intended to clarify maintenance issues with residents. The Boulevard Tree Maintenance Program is designed to prescribe various levels of planting and trimming maintenance to City trees located within City - owned right of way. Attached is the proposed Boulevard Tree Maintenance Program, for Council members review and comment. ACTION REQUESTED Council input on the proposed Boulevard Tree Maintenance Program. Subject to City Attorney review, several changes to existing City ordinances will be required prior to program adoption. If Council concurs, staff will prepare the necessary amendment for Council approval. Respectfully submitted, ! --;::;, n n u-- r:;.....~ James Bell Parks and Recreation Director \0 (L CitlJ of FarminiJ.ton 325 Oak Street · Farmington, MN 55024 · (612) 463.7111 · Fair (612) 463.2591 PROPOSED BOULEVARD TREE MAINTENANCE PROGRAM City of Farmington Parks and Recreation Department Tree Maintenance Division The Boulevard Tree Maintenance Program is designed to prescribe various levels of maintenance to City trees located within City - owned boulevards. Planting Reauirements The City Tree Maintenance Division will review all planting of trees and shrubs within City boulevards, defined as City - owned right of way. . Developers of sub-divisions must submit a forestry plan to the Planning Division. The Planning Division will be responsible for approving appropriate tree plantings within City boulevards (Ordinance 1O-6-14-A). . Trees planted by residents on the boulevards that are in addition to the tree plan, must receive prior approval from the City Tree Maintenance Division. Residents may call 463-1851. Trees shall be planted no closer than 30 feet apart (Ordinance 2-9-12). For other spacing requirements, Ordinance 2-9-13/14 shall set forth specific requirements as provided. . Planting shall be done in accordance with standard nursery planting specifications. . Tree species planted in City boulevards shall conform to City Ordinance 2-9-11, " Street Tree Species To Be Planted ." Trimming Reauirements The Parks Maintenance Division will be responsible for all trimming of boulevard trees. As these trees are on City property, and are essentially and legally City property, they must be maintained by the City to ensure that they are properly trimmed for structural integrity and disease control measures. . Prior to trimming boulevard trees, affected residents will be notified of the trimming schedule by the City through the use of door "hangers" or tags. . Residents will need to contact the Tree Maintenance Division at 463-1853 when a boulevard tree needs trimming or inspection. . Trimming height standards must maintain an 8 feet clearance above any walkway and 13 1/2 feet abovt: the roadway. These requirements provide clearance for walkers and snow removal equipment. . The City will not collect any brosh resulting from pruning or removal of trees or brush from private property. . An emergency brosh situation would occur when the Public Safety Officer declares one to exist. then and only then will the City collect brosh generated by residents on private property, as a one time emergency service. Revised 4/23/98 policy IOh TO: Mayor, Council members, City Administrat0l1~ Lee Smick, .oc Planning Coordinator FROM: SUBJECT: Farmington Middle School 2nd Addition Final Plat DATE: May 18, 1998 INTRODUCTION Independent School District 192 is seeking approval of a Final Plat to locate a 163,747 square foot middle school building on 23.92 acres ofland located to the east of208th Street. DISCUSSION The Farmington Middle School 2nd Addition Preliminary Plat was approved by the City Council on April 6th contingent on the stipulations stated in the attached City Council memo and resolution. The Planning Commission approved the Final Plat on May 12, 1998 and forwarded the plat to the City Council. At this time, the City Engineer and School District's Engineers are finalizing the construction plans for the project. The City Engineer and Planning Coordinator have reviewed and approved the Farmington Middle School 2nd Addition Final Plat contingent on minor engineering and planning comments. ACTION REQUESTED Recommend approval of the Farmington Middle School - 2nd Addition Final Plat subject to the conditions identified in the Engineering Division's April 30th letter to the School District's Engineer. Respectfully submitted, ~f:J;) Lee Smick, AICP Planning Coordinator CitlJ. of Farmint}.ton 325 Oak Street. Farmington, MN 55024 · (612) 463-7111 · Falf (612) 463-2591 TO: City Planning Commission Lee Smick, Planning Coordinator M FROM: DATE: May 12, 1998 RE: Farmington Middle School 2nd Addition Final Plat Planning Deoartment Review Applicant: Independent School District # 192 510 Walnut St. Farmington, MN 55024 Referrals: 1. Lee Mann, City Engineer Attachments: 1. Final Plat 2. City Council Memo - April 6, 1998 Location of Property: South of208th St. W., east and north of existing Middle School and west ofthe railroad ROW (SWY4 of the SEY4 if Section 30, Township 114 North, Range 19 West) Size of Property: 23.92 Acres Building Area: 163,747 S.F. Existing Zoning: R-3 (High Density - Other) Comprehensive Plan: Low Density Area Bounded By: Single-family residential is located to the west, agriculture to the north within Empire Township, railroad tracks to the east and City property to the south. Current Land Use: Agriculture Terrain: Terrain is mostly flat open space with little elevation change and a wetland area exists on the site. CitlJ of FarminfJ.ton 325 Oaft Street · Farmingtonl MN 55024 · (612) 463.7111 · Fait (612) 463.2591 Staff Review: The Farmington Middle School 2nd Addition Preliminary Plat was approved by the City Council on April 6th contingent on the stipulations stated in the attached City Council memo and resolution. The Board of Adjustment on April 14th approved a Conditional Use Permit for the extraction and storage of materials within the floodway district. The City Engineer and Planning Coordinator have reviewed and approved the Farmington Middle School 2nd Addition Final Plat contingent on minor engineering and planning comments. ReQuested Action: Recommend approval of the Farmington Middle School - 2nd Addition Final Plat subject to the conditions identified in the Engineering Division's April 30th letter to the School District's Engineer and forward the final plat to the City Council after comments have been met. TO: Mayor, Councilmembers, City Administrator FROM: Lee Smick, Planning Coordinator SUBJECT: Farmington Middle School 2nd Addition Preliminary Plat DATE: April 6, 1998 INTRODUCTION Independent School District 192 is seeking approval of a preliminary plat to locate a 163,747 square foot middle school building on 23.92 acres ofIand located to the east of208th Street. DISCUSSION The entire plat consists of23.92 acres and is subdivided into two lots. Lot 1, Block I consists of8.19 acres and includes two ballfields and a soccer field and Lot 1, Block 2 consists of 14.29 acres and includes the proposed middle school building. Right-of-way for 208th Street consists of 1.44 acres. The current zoning for the site is R-3 and has recently been approved for a conditional use permit to locate a school facility in an R-3 zone on February 10, 1998. The new school will serve grades 6 & 7 with the existing middle school housing grades 8 & 9 while the high school will serve grades 10 through 12. This rearrangement in classes will alleviate space requirement needs in both the existing middle school and high school. The School District proposes to house 1,050 students at its maximum capacity in Phase 1 of the proposed middle school. Upon future expansion of approximately 19,500 square feet, the school will house 1,350 students. Preliminary architectural plans show 24 typical classrooms, 6 science classrooms, 2 art classrooms, 2 home economic labs, 2 technical education labs, 3 music classrooms, 3 gymnasiums, a media center and a cafeteria along with administration offices. The Planning Commission approved the preliminary plat on March 24th, contingent on engineering and planning cQmments. A summarization of the special meeting held on March 17th was presented to the Planning Commission and is addressed in the attached Planning Commission memo dated March 24, 1998. The following shows a brief summarization of the meeting comments: 1. The proposed 208th Street roadway will be constructed at 24 feet in width and will meet the 35-mph speed requirement. When the 56-foot wide roadway is constructed, the school will rebuild it to MSA standards with a 10-ton road limit and will be assessed 100% for the construction of the 56- foot wide roadway. 2. A pedestrian crosswalk will be marked on the pavement for pedestrian access to the ballfields. 3. The proposed right-of-way alignment for 208th Street shows curve data and a legal description, which corresponds, to data provided by the Bonestroo Engineers and has been shown on the plat. 4. The northerly entrance is required to be a one-way, right-in, left-in roadway and will be maintained privately. When the 56-foot wide roadway is constructed, the northerly entrance is required to connect with 208th Street at a 900 angle. 5. The Fire Marshall made a recommendation that the existing entrance to the existing middle school remain in order for fire vehicles to access the existing middle school efficiently and in a timely Citl}. of Farmint)ton 325 Oak Street · Farmington, MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591 manner. By removing the entrance, it does not violate the Fire Code, but, the School District assumes any liability for the inability for fire vehicles to promptly arrive at the school site in case of a fire. 6. Sanitary and storm sewer locations will be further reviewed at the final plat stage. 7. The School's engineers will work with Bonestroo engineers to meet the requirements in utilizing the infiltration areas. 8. The landscape buffer proposed to be located between the banfields and Riverside Estates will provide adequate screening for the residences to the west. The ballfields have been located fifty- three feet from the Riverside Estates' property line allowing for a larger buffer than was previously proposed. The backstops are located near the residential area rather than towards the wetlands because of inherent grading problems associated with the site. 9. A 6-foot high fence will be located along the railroad right-of-way to the east of the proposed school and will begin at the northeast corner of the property and terminate at the southeast corner of the school property, requiring 1,345 linear feet of fencing. Any additional requirements presented by City staff in previous meetings are contingent on engineering and planning approval. ACTION REQUESTED Adopt the attached resolution approving the Farmington Middle School 2nd Addition Preliminary Plat contingent on Engineering and Planning comments. Respectfylly sub~itted, ') .1~c f-c~: "'.. ..-.> , Lee 'Smick, AICP Planning Coordinator RESOLUTION NO. APPROVING PRELIMINARY PLAT FARMINGTON MIDDLE SCHOOL 2ND ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of April, 1998 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, a public hearing to review Farmington Middle School 2nd Addition preliminary plat was held on the 24th of March, 1998, after notice ofthe 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. NOW, THEREFORE, BE IT RESOLVED that the above preliminary plat be approved with the following stipulations: I. The proposed 208th Street roadway will be constructed at 24 feet in width and will meet the 35- mph speed requirement. When the 56-foot wide roadway is constructed, the school will rebuild it to MSA standards with a to-ton road limit and will be assessed 100% for the construction of the 56-foot wide roadway. 2. A pedestrian crosswalk will be marked on the pavement for pedestrian access to the ballfields. 3. The proposed right-of-way alignment for 208th Street shows curve data and a legal description, which corresponds, to data provided by the Bonestroo Engineers and has been shown on the plat. 4. The northerly entrance is required to be a one-way, right-in, left-in roadway and will be maintained privately. When the 56-foot wide roadway is constructed, the northerly entrance is required to connect with 208th Street at a 900 angle. 5. SljUlitary and storm sewer locations will be further reviewed at the final plat stage. 6. The School's engineers will work with Bonestroo's engineers to meet the requirements in utilizing the infiltration areas. 7. The landscape buffer proposed to be located between the ball fields and Riverside Estates will provide adequate screening for the residences to the west. The ballfields have been located fifty- three feet from the Riverside Estates' property line allowing for a larger buffer than was previously proposed. The backstops have to be located near the residential area rather than towards the wetlands because of inherent grading problems associated with the site. 8. A 6-foot high fence will be located along the railroad right-of-way to the east of the proposed school and will begin at the northeast corner of the property and terminate at the southeast corner of the school property, requiring 1,345 linear feet of fencing. 9. Any additional requirements presented by City staff in previous meetings are contingent on engineering and planning approval. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of April, 1998. RESOLUTION NO. APPROVING AUTHORIZING THE SIGNING OF THE FINAL PLAT FARMINGTON MIDDLE SCHOOL 2ND ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 18th day of May, 1998 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, a public hearing to review Farmington Middle School 2nd Addition Preliminary Plat was held on the 10th of March, 1998, after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners, and said hearing was continued to March 24, 1998; 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 Council reviewed the final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following stipulations: 1. Recommendations of the City Engineer identified in the letter dated April 30th to the School District's Engineer and any other recommendations are incorporated into the fmal plat and development contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of May, 1998. Mayor Attested to the _ day of May, 1998. City Administrator IOeL TO: Mayor, Councilmembers, City Administrato~ Lee Smick, (/);) Planning Coordinator )J.--tl FROM: SUBJECT: Wetland Ordinance Timeline DATE: May 18, 1998 INTRODUCTION City staff has revised the Wetland Ordinance in Chapter 9 of the City Code and the attached timeline is a proposed schedule for seeking approval of the ordinance with an effective date of August 3, 1998. DISCUSSION The attached timeline is a schedule for reviewing and finalizing the revised Wetland Ordinance. It has recently become apparent that the current wetland ordinance does not address various issues concerning mitigation procedures and buffer areas. The greatest need for revising the ordinance was the amount of setback required as a buffer between the wetland edge and a building. In Section 10-9-6 (C) 3, the existing ordinance requires that all buildings, except accessory buildings shall be setback at least one hundred feet from a wetland. This requirement was observed as too excessive, considering wetlands vary in environmental value. A more manageable requirement would categorize wetlands by functionality, value of the ecosystem and whether the wetland had been altered and would require various setback lengths depending on the type of wetland adjacent to a development. As shown on the time line, City staff will meet with developers on May 2151 to discuss the revised ordinance and any changes or implementations they would like to discuss. The Planning Commission will hold a public hearing on June 23'd and the City Council will hold a public hearing on July 20th. The effective date for the ordinance is scheduled for August 3, 1998. The City Attorney has reviewed and approved the revised Wetland Ordinance. ACTION REQUESTED Informational only. ;ZW Lee Smick, AICP Planning Coordinator CitlJ of FarminfJ.ton 325 Oak Street · Farmingtonl MN 550211 · (612) 1163-7111 · FaJt (612) 1163-2591 PROPOSED TIME LINE FOR WETLAND ORDINANCE REVISION Task . Finalize Draft comments with Sherri Buss . Mail Wetland Ordinance to Developers . Meeting with Developers . Review at Development Committee meeting . Make revisions to ordinance per developer's meeting . Mail revised Wetland Ordinance to Planning Commission . Advertise for Planning Commission Public Hearing . Hold Planning Commission Public Hearing . Make any revisions per Planning Commission meeting . Advertise for City Council Public Hearing . Hold City Council Public Hearing . Adopt Ordinance/Set effective date (August 3, 1998) . Distribute letters to developers one week before effective date of ordinance , Date May 1, 1998 May 13, 1998 May 21,1998 May 26, 1998 May 21-May 26 June 1, 1998 June 8, 1998 June 23, 1998 June 24-July 3 July 6,1998 July 20, 1998 July 20, 1998 July 27,1998 IDe TO: Mayor and Councilmembers City ~dministrato~ FROM: David L. Olson Community Development Director SUBJECT: Building Inspection Services Agreement! Eureka Township DATE: May 18, 1998 INTRODUCTION The City has had an agreement with Eureka Township to provide for Building Inspection Services since January of 1988. It is recommended that this agreement be terminated. DISCUSSION This agreement was originally approved for a period of one year and in accordance with the agreement, it is automatically renewed for additional one year periods unless notice of intention to terminate the agreement is provided. Section VI of the agreement states that: "This agreement may be terminated by either party (the City or the Township) at any time with or without cause, upon thirty (30) days written notice delivered by mail or in person." The concern with continuing this agreement is the fact that one Eureka Township inspection requires up to one hour of inspector time because of the travel distance involved. During this same one hour period, staff can complete three City inspections. This situation becomes compounded when correction notices necessitate return inspections. Given the projected high level of construction activity in the City, this will continue to cause delays in the scheduling of City inspections. The other problems are associated with lack of adequate plan review time or lack of adequate advance notice for the scheduling of inspections. Because all building permits require Town Board approval, we sometimes are required to review township building permit plans before City building permit applications that were submitted earlier so that the applicant is able to obtain approval at the monthly Town Board meeting. All of the other townships in the area contract with private building inspectors to provide this service. We are aware of at least one private inspection company that would be willing to provide service to Eureka Township. Citl}. of FarminiJton 325 Oalc Street · FarminfJtonl MN 55024 · (612) 463.7111 · Fait (612) 463.2591 BUDGET IMPACT The City received $8,915 in permit revenue from Eureka Township building permits in 1997 compared to total building permit revenue of $460,747. This amounted to 1.9% of total permit revenues. Building permit revenue is estimated at $554,000 for 1998 and through April 30th, we have received $4,692 in permit revenue from Eureka Township. ACTION REQUESTED Authorize the notification of the City's intent to terminate the current Building Inspection Services Agreement with Eureka Township. While the agreement allows for 30 day notice of termination, I would recommend allowing up to 60 days to allow Eureka to make alternate arrangements, if necessary. Respectfully submitted, Ob~ -,.. David L. Olson Community Development Director cc: Eureka Town Board of Supervisors MAR 0 :5 \981 BUILDING INSPECTION SERVICES AGREEMENT This agreement. dated this 1st day of January . 19.JlB.... by and between the City of Farmington. a Municipal Corporation under the laws of the State of Minnesota. hereinafter referred to as the "City" and Eureka Township , hereinafter referred to as the "Township". by and through its Board Members. WITNESSETH THAT: WHEREAS. the City has en~cted that State Uniform Building Code for the City; and ' . WHEREAS. the Township has also enacted a building code and desires that per- sonnel of the City' perform inspection services on a contract basis; and WHEREAS. the Township wishes to enter into an Agreement for the purchase of the services from the City of a Building Inspector on the terms and conditions set forth below; and WHEREAS. the City wishes to provide said services upon the terms and conditions set forth below; NOW THEREFORE. in consideration of the mutual promises and covenants contained herein and the payment of one ($1.00) Dollar by the Township to the City. the parties hereto agree as follows: I. TER~1 The Term of this agreement shall be from January 1. 1988 to December 31. 1983. the date of signature of the parties notwithstanding. unless earlier terminated as provided herein. This agreement shall be automatically renewed each year on the terms and conditions set forth below unless notice of intention to terminate the agreement is given as provided herein. II. SERVICES 1. The City shall provide administrative personnel to the Township to provide the followiRg services: 1 a. Providing Uniform Building Code inspections as required by Minnesota Statutes; b. Issuing occupancy permits upon final completion of the structure. 2. Township shall be responsible for the administration of their Zoning Ordinance, initiating,_ reviewing and approving all building permits for final zoning approval as to land use and setbacks. When the appropriate township officials are satisfied that a proposal is in compliance with the applicable town ordin- ances, the Tow,n Clerk shall ti",};.J-al said permit indicating the townships approval. 7(:>V'1\f4.ly '1t"I~~ fr V, . 3. The~y shall provide the building and sewage permit application forms. See attached amendment - approved [0-2-89 by Farmington City Council. 4. The City shall be responsible for assuring that all proposed sewage treatment systems comply with the township sewage treatment requirements. III. TIME FOR PERFORMANCE The number of personnel made available for providing said services, and the times at which said personnel shall be made available, for providing said services, shall be at the discretion of the City; provided, however, that City agrees to proceed diligently and in accordance with its usual course and manner of business in such examinations and inspections, and in the preparation of appropriate re- ports for the Township. All duties as set forth above shall be performed by City personnel pursuant to the provisions of the State Uniform Building Code, until otherwise modified by agreement or until termination of this agreement. IV. APPLICANT INFORMATION AND FEE PAYMENT All applicants for permits shall be responsible for providing to the City the percolation test, soil borings and sewage system design done by an individual which must be approved by the City if the structure is not to be hooked up to a municipal sewer system. All applicants for permits shall provide a plot plan of the property, showing the location of the structure, the proposed sewage treatment system, the sewer hookup, the well. or water hookup, and their location to lot.lines, easements and road rights-of-way. Said plot plan shall include a legal description of the property and shall include all information as requested by the City. 2 All applicants for permits shall provide to the City two complete sets of building construction plans setting forth all information as required by the City. For all permit requests, the Township fee schedule shall apply. All applicants for permits shall pay all permit fees to the township in those amounts as specified in the State Uniform Building Code and/or the Township fee schedule (attached hereto as Exhibit A). V. FEES AND DISBURSEMENTS The township shall return to the City for the City's ~nspection~ services for, ~~/fi"the building permit, 75 % of the building permit fee .,. ~"J./r~ IrJ"I' ' anCVoplan check fee (valuation computed from the building valuation data sheet -t""'IlS'l'" . as used by the -e-1-ty) ~/h.o~':.J . p---tJ~rr The City shall return 100% of additional permit fees as may be required by the Township. Payment to the City from the Township for City's inspection services will be paid on a quarterly basis. Neither of the parties shall make any dis- bursement of funds, nor incur any contractual obligation in connection with the powers and duties set forth herein, on behalf of the other party. The duties and obligations of the City shall be performed for and in considera- tion of the building permit fee accompanying the permit applications and the payment of the sum of One Dollar ($1.00) per year by the Township. VI. TERMINATION This agreement may be terminated by either party at any time with or without cause, upon thirty (30) days written notice delivered by mail or in person. Notice may be sent to the City as follows: City Clerk, Farmington, 325 Oak Street, Farmington, Mn 55024. Notice may be sent to the Township as follows: 3 VII. RENEWAL OF CONTRACT This agreement shall automatically be renewed annuijlly for consecutive one-year terms upon the condition that the Township pay to the City the sum of One ($1.00) Dollar in consideration, said amount to be payable prior to each anniversary date - . of this agreement. Both parties agree and understand that this right of renewal is subject to the termination rights of both parties as set forth above. VIII. LEGAL ACTION TO COMPEL COMPLIANCE WITH BUILDING CODE The Township shall be responsible for commencing any legal action necessary to enforce any and all provisions of the Uniform Building Code or the Township }' ordinances; provided however, the City agrees to make available for any such lega /1 proceedings any of its personnel for purposes of testifying as witnes,ses. in said legal proceedings to the extent that said proceedings concern matters relative to the obligations it has undertaken pursuant to the agreement. Both parties agree and understand that the Township shall incur no additional expense by reason of the City providing said witnesses. IX. ASSIGNMENT Neither party to this contract shall assign the contract, nor any interest arising herein, without consent of the other. X. ENTIRE AGREEMENT It is understoo~ and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters hereof as well as any previous agreements pr~sently in effect between the Township and. the City relating to the subject matter hereof. XI. REQUIREMENTS OF A WRITING Any alterations, amendments, deletions, or waivers of the provisions of this agree- ment shall be valid only when reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties hereto have execyted this agreement on the day and year first above written. CITY OF FARMINGTON Eureka TOWNSHIP ~. MAYOR r:IIo1TJ!JIAA~iJ~-Ndu~ ATTEST: AMENDMENTS Page 2, Item 3: In an emergency on-site sewage system failure, the City Building Official may issue a permit to repair or replace. lor TO: Mayor, Councilmembers, City Administrato"?- FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Downtown Sidewalk and Lighting Project DATE: May 18, 1998 INTRODUCTION Downtown sidewalk and Lighting Improvements for Oak Street are included in the 1998 CIP. DISCUSSION , Staff has begun research and preparation of the feasibility report for the 1998 Downtown Sidewalk and Lighting project. During this process it has become evident that staff needs further direction from Council regarding this project. There are many options available with varying price tags in regard to the trees, sidewalk and street lights. Considering the importance of this project to Farmington's downtown, staff would like to schedule a workshop with Council to obtain a general direction for the project. It is suggested that the downtown business owners be formally invited to the workshop. At the workshop, costs for various options will be available for comparison purposes. BUDGET IMPACT None ACTION REQUESTED Set a workshop date to discuss the 1998 Sidewalk and Street Lighting project. Respectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file CitlJ. of FarminfJ.ton 325 Oalc Street · Farmington, MN 55024 · (612) 463- 7111 · Fair (612) 463-2591 \ [0-- TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Amend Ordinance - Weed Control Regulations. DATE: May 18, 1998 INTRODUCTION At the August 18, 1997 Council meeting, staff was directed by Council to look at revising the current weed ordinance to more clearly address several issues that have been raised. At the November 3, 1997 Council meeting, staff brought a proposed revision to Council for consideration (See attached memos). DISCUSSION At the November 3rd meeting staff was directed to do further research regarding natural grasses. At this time, staff is bringing back a draft of the ordinance with minor modifications from the November 3rd draft. The ordinance amendment process needs to be started so that the changes can be implemented this season (if any). Staff needs clear direction from Council on which issues need to be clarified so that the proposed ordinance can be sent to the Planning Commission for review. BUDGET IMPACT None. ACTION REOUESTED That Counci.l review the proposed ordinance, make recommendations and direct staff to forward the draft ordinance to the Planning Commission. Respectfully submitted, ~Yv1~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file CitlJ. of FarminiJ.ton 325 Oak Street · Farmin(jton, MN 55024 · (612) 463- 7111 · Fax (612) 463-2591 ~ TO: Mayor. Councilmembers. Citv . 1 . Administrator -,'If- FROM: Lee M. Mann. P.E.. Director oiPublic Works/City Engineer SUBJECT: Orait Weed Ordinance f DATE: November 3. 1997 INTRODUCTION At the August 18, 1997 Council meeting, staff was directed by Council to look at revising the current \veed ordinance to more clearly address several issues that have been raised (See attached memo). DISCUSSION The attached ordinance reflects revisions to the current weed ordinance that would address the issues discussed at the August 18 meeting. The requirement to remove noxious weeds and to mow growing grasses on platted lots would not change except in the following instances: 1. Slope areas: Slopes that are in excess of 3: 1 (33%), would be allowed to be left in a natural state due to the safety concerns relative to mowing on a steep slope. .., Pondsl\Vetlands: Property around ponds or wetlands may be left in a natural state and in those areas \l'here the City owns the land surrounding the pond or \vetland. mowing would be the responsibility and at the discretion of the City. ~aturall\Vildlife areas: Natural areas. including Parks. wetlands/ponds. unplatted bnd :md other City designated natural areas would be allowed to be left in a natural state. J ~atural Areas on Platted Lots: Natural areas would be ail owed on platted lots In the backyard subject to a six foot setback from propeny lines. This would ailow peonle to have a natural area in their yard yet leaves a butTer for an adjacent neighbor that would not tind a natural ~lrC:1 desireable in their yard. . \gain. propen~: owners wouid still be required to remove any noxIOUS weeds per '5tate and C ,illntv :.~guiations and natural areas would not be ailowed in front yards. CitlJ of FarminlJton 325 Oak Street · FarminlJtDn, MN 5502~ · (612) ~63. 7111 · Fait (612) ~63.2591 Chapter 7 WEEDS SECTION: 6- 7 -1: 6-7-2: 6-7-3: 6-7 -4: Weed Defined Notice to Destroy Action Upon Noncompliance Charge a Lien 7 6-7-1: WEED DEFINED: For the purpose of this section, the term "weeds" means noxious weeds as defined by State law. All weeds or growing grasses upon any platted lot in the city which are in excess of one foot (1 '), or have gone or about to go to seed, are hereby declared to be a nuisance and dangerous to the health, safety and order of the City with the following exceptions: 1. Slope areas: Slopes in excess of 33% may be left in a natural state. 2. PondlWetlands: Property adjacent to ponds may be left in a natural state. Property owners will not be allowed to mow City property, including that property surrounding ponds. 3. Natural/Wlldlife areas: Natural areas which include parks, wetlands/ponds, unplatted land and other City designated areas may be left in a natural state. 4. Natural areas on platted lots: Natural areas will be allowed on platted lots in backyards from the most rear corner of the home subject to a six foot (6') setback from the property lines, except in the case where the natural area is adjacent to another natural area. It shall be unlawful for an owner, lessee or occupant of any land described above to allow, permit or maintain' a nuisance as defmed herein on any such land or along the sidewalk, street or alley adjacent thereto. 6-7-2: NOTICE TO DESTROY: The City Administrator/designee is hereby authorized and empowered to notify, in writing, the owner of any such lot, place or area within the City, or the agent of such owner, to cut, destroy and/or remove any such weeds or grass found growing, lying, or located on such property or upon the sidewalk or boulevard abutting same. Such notice shall be by registered mail, addressed to said owner, at his last known address. 6-7-3: ACTION UPON NONCOMPLIANCE: Upon the failure, neglect or refusal of any owner or agent, 'so notified, to cut, destroy and/or remove such weeds or grass within ten (10) days after receipt of the written notice provided for in Section 6-7-2 hereof, the City Administrator is hereby authorized and empowered to pay for the cutting, destroying and/or removal of such weeds or grass or"to order the removal by the City. (Ord. 086-180, 7-7-86) d:\lIarson\weeds.doc 10/29/97 TO: \1ayor. Counci~e)llbers. City Administrator W FROl\I: Lee M. \,1ann. P .E.. Director of Public Works/City Engineer Sl-BJECT: Weed Control Ordinance Review /' DATE: August 18, 1997 INTRODUCTION In the past several months, there have been several questions raised by residents and staff regarding the implementation of the City's Weed Ordinance (see attached). DISCUSSION The current City Ordinance regarding weeds is summarized as follows: All weeds or growing iJ grasses on any platted lot in the city which are in excess of one foot (1 ') are declared to be a nuisance and dangerous to the health, safety and order of the City. The ordinance then goes on to state that the Administrator is empowered to notify a property owner that the weeds must be removed. If the weeds are not removed within ten (10) days of the receipt of the letter, then the City has the right to remove the weeds at the owners expense. Recently, several questions have been raised in regards to the ordinance and how to interpret it for various unique situations, as described below. Slopes - The ordinance does not address weeds that are on a slope. There are slopes in the City that are too steep to mow safely. The ordinance could be revised to exempt slopes that are too steep to mow. If the ordinance were to exempt slopes that are too steep to mow, the property owner would still be required to spray or remove any noxious weeds that are present on that slope. Ponds - Typically, the vegetation around ponds grows fairly tall. There are two reasons for this. Number one, there is a safety issue with trying to mow too close to the pond. Secondly, the native vegetation around the pond provides habitat, erosion control and a "natural" appearance. The noxious weeds would still have to be removed if the ordinance is changed to exempt ponds which the curr~nt ordinance restricts. The ponds in questions are typi~ally within planed outlots. Natural/Wildlife Areas - Natural and Wildlife Areas are typically found in undeveloped private land or parkland. As these areas are not planed, they are not currently addressed in the ordinance. Again. any noxious weeds need to be removed from these areas. CitlJ of Farmin9ton 325 Oak Street · Farmin9tDn, MN 55024 · (612 J 463-7111 · Fa~ (612 J 463-2591 ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 7 OF THE FARMINGTON CITY CODE CONCERNING WEED CONTROL THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 6-7-1 of the Farmington City Code is amended in its entirety to read: 6-7-1: WEED DEFINED: For the purpose of this section, the term "weeds" means noxious weeds as defined by State law and all till such useless and troublesome plants as are commonly known as weeds to the general public),. All weeds or growing grasses upon any platted lot in the City which are in excess of one foot (1 '), or have gone or about to go to seed, are hereby declared to be a nuisance and dangerous to the health, safety and order of the CitYi::::}ltl::::.:::~~tl~fll~II::~:!III.gl:~' :~::~:::::::::::::::::::::::::::I:~II!::::!tf!I:~:::::::::f1~III~:::::m~:::I!::::II~!I::::.I::::I::::~I:::::~:::::11~::::1!::::1!:1::::~1::::1~1I1::::.11~: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::;:::::::::::::::::::::::::::::::::::::::;:::::::;:;:::;:::::::::::::::::::::::;::::::::::::: li$il!~tlilfl:::lil~:::mi:::t!I"I!I::::tf.i.1I9~!I'::::Ri:~11!ii::::lil]!I~!~:* It shall be unlawful for an owner;lesseed ord6ccupani ofaIlydiariddescdheddah6vedi6dal1ow, permit or maintain a nuisance as defined herein on any such land or along the sidewalk, street or alley adjacent thereto. SECTION 2. Section 6-7-2 of the Farmington City Code is amended in its entirety to read: 62612.2 (Red) 6-7-2 NOTICE TO DESTROY: The City Administrator is hereby authorized and empowered to notify, in writing, the owner of any such lot, place or area within the City, or the agent of such owner, to cut, destroy and/or remove any such weeds or grass found growing, lying, or located on such property or upon the sidewalk or boulevard abutting same. Such notice shall be by registered mail, addressed to said owner, at his last known address. SECTION 3. Section 6-7-3 of the Farmington City Code is amended in its entirety to read: 6-7-3 ACTION UPON NONCOMPLIANCE: Upon the failure, neglect or refusal of any owner or agent, so notified, to cut, destroy and/or remove such weeds or grass within ten (10) days after receipt of the written notice provided for in Section 6-7-2 hereof. The City Administrator is hereby authorized and empowered to pay for the cutting, destroying and/or removal of such weeds or grass or to order the removal by the City. (Ord. 086-180, 7-7-86) SECTION 4. Section 6-7-4 of the Farmington City Code is amended in its entirety to read: 6-7 -4 CHARGE A LIEN: When the City has effected the removal of such obnoxious growth or has paid for its removal the actual cost thereof, plus accrued interest as provided by law, and penalty as set forth from time to time by resolution of the City Council, if not paid by such owner prior to thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the City, and said charge shall be due and payable by said owner at the time of payment of such tax bill, pursuant to the provisions of M.S. 429. (Ord. 083-158, 12- 19-83 ) SECTION 5. This ordinance shall be effective immediately upon its passage. ADOPTED this City of Farmington. day of , 19 _, by the City Council of the CITY OF FARMINGTON BY: Gerald Ristow, Mayor ATTEST: , Clerk 62612.2 (Red) 2 I 2 a.- TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Request MnDot Cooperative Agreement - Improvements at Willow and T.H. 3. DATE: May 18, 1998 INTRODUCTION At the April 6th, 1998 Council Meeting, Council approved the preliminary plat for the Glenview Townhomes project. One of the conditions of the approval of that project is that the frontage road adjacent to the Giles property be improved which would include improvements at the intersection with Willow Street in front ofWausau Lumber. DISCUSSION It is the opinion of City staff and the Developer's engineer that improvements to the frontage road at the intersection of TH 3 and Willow will benefit MnDOT and the Trunk Highway as well as the adjacent property owners. Therefore it is proposed that the frontage road project be initiated as a City project so that the City can request participation in the form of funding for the project from MnDOT. The projects that MnDOT is participating in this year have already been selected. Occasionally, however, there is extra money left over and MnDOT looks for smaller projects to fund. It is with this possibility in mind that staff is recommending that the Council request a cooperative agreement for this project at this time. For the State to consider and ultimately fund the project, a feasibility report will need to be prepared that would iqentify the project costs and method of financing. Once staff receives an indication from the State regarding their position on the City's request, staff will come back to Council for authorization to prepare a feasibility report. It is staff's opinion that the Giles property and Wausau Lumber would both be benefiting properties under the City's special assessment policy and would need to participate in the proportionate share of those costs that MnDOT would not fund. In addition, right-of-way will need to be acquired from Wausau if the project goes forward. Consistent with Council's stated position that development needs to pay for itself, it would not be recommended that City funds be expended on this project. BUDGET IMPACT None. I CitlJ of FarminlJton 325 Oak Street -Farmintjton/MN55024 - (612) 1I63.7111-Fax (612) 463.2591 ACTION REQUESTED Adopt the attached resolution requesting that MnDOT enter into a cooperative agreement with the City for the improvements related to the frontage road along TH 3 in the vicinity and at the intersection with Willow Street. Respectfully submitted, ~)1/{~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -98 REQUESTING MnDOT FUNDING BY COOPERATIVE AGREEMENT 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 18th day of May 1998 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City of Farmington is planning various roadway and drainage improvements in the vicinity of the intersection of STH 3 and Willow Street; and WHEREAS, the City wishes to make modifications to the roadway and drainage systems for STH 3 which will benefit other road authorities; and WHEREAS, the City has received various MnDOT recommendations for improvements to the intersection of STH 3 and Willow Street for safety improvements; and WHEREAS, all parties desire to provide services and public improvements in an efficient method for the City and State; and WHEREAS, it is in the best interest of all parties to work cooperatively in delivering these services and public mprovements; and WHEREAS, the City, pursuant to Minnesota Statutes, desires to enter into a cooperative agreement with the State of Minnesota relating to the roadway and drainage improvements being proposed in the vicinity of STH 3 and Willow Street. NOW THEREFORE, BE IT RESOLVED that the City of Farmington hereby requests that the Minnesota Department of Transportation enter into a cooperative agreement for roadway and drainage improvernents relating to TH 3 and Willow Street for the Minnesota Department of Transportation fiscal year 1999 or 2000 and that the Director of Public Works/City Engineer and City Administrator are hereby directed to negotiate this cooperative agreement with the Minnesota Department of Transportation. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 18th day of May 1998. Mayor Attested to the day of ,1998. SEAL Clerk! Administrator CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the.City Council of said City on May 18th, 1998. SEAL Clerk! Administrator }3~ TO: Mayor, Councilmembers, City Administrato~ FROM: Let=: M. Mann, P.E., Director of Public Works/City Engineer . SUBJECT: Public Works Issues DATE: May 18, 1998 INTRODUCTION At the April 20th, 1998 Council meeting, two issues were forwarded to staff during Roundtable for follow up. DISCUSSION The first issue was in regards to the drainage problem on Hickory Street between 7th and 8th Streets. The Council requested that staff look into the possibility of installing some type of sump pump in the low area that could drain the street. Staff has obtained some information that will be available at the meeting for discussion. The second issue was in regards to a resident complaint about the drainage in the backyard at 509 8th Street. Staff responded that there is a possibility that some minor grading of the area to the east of that address may provide some relief from the water ponding that has been experienced. Staff continues to monitor the area which is still too wet to grade. BUDGET IMPACT None. RECOMMENDATION F or information only. Respectfully submitted, '(kyYl~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file I CitlJ. of FarminfJton 325 Oak Street · Farmington, MN 550211 · (672) 1163.7777 · Fa/( (672) 1163.2597 136 TO: Mayor, Councilmembers, 1~ City Administrator - Lee Smick, If 0 Planning CoordinatJ/......- FROM: SUBJECT: Builders Association of the Twin Cities Video DATE: May 18, 1998 INTRODUCTIONIDISCUSSION The Builders Association of the Twin Cities has developed a video entitled "The Future is Now" which addresses the dwindling land supply and affordable housing issues within the seven county metro area. The video will assist in bringing these issues to the forefront when we begin the Community Visioning section of our Comprehensive Planning process in early June. ACTION REQUESTED Informational only. ;~s~ Lee Smick Planning Coordinator CitlJ. of Farmint}.ton 325 Oak Street · Farmington, MN 55024 · (612) 463-7111 · FaJr (612) 463-2591 ~ I~H~~O~~n APR 2 1 1998 U :::/ April 20, 1998 Mayor Jerry Ristow City of Farmington 706 2nd Street Farmington, MN 55024 Dear Mayor Ristow: The Builders Association of the Twin Cities is requesting approximately 10 minutes of time during one of your next Councilor Planning Commission meetings to show you an important new videotape that could affect the future of your community. The Builders Association of the Twin Cities has produced a 10-minute video entitled, 'The Future is Now,' which dramatically depicts the Twin Cities dwindling land supply and affordable housing issues. This video features local officials stating in their own words the severity of the crisis. Our request is to show you a copy of the videotape and to leave the copy with you for use at your discretion. If time permits after the presentation, a representative from the Builders Association will be available for a brief discussion. We are available at your convenience to present this very important video to your planning commission and your council. Please call Mary Schweich (697-7572) to schedule a presentation. Sincerel y, G~ ,:J;CUt\>J: Gary Laurent, Chairperson Public Policy Committee Karen Christofferson Director of Public Policy cc: John Erar, City Administrator Lee Smick, Ci ty Planner David Olson, Community Development Director :!l)60 C"ntrc p, ,int.: Drit,t' [\nset'ille, ;\'Iinn.:snt(l 55 1 '3- I 122 Itl Parade of ...ames'. 1948"998 (~c'lc-hrarillg .hc' 50rh "em "/ rlk' I'mdl.L It H"'nes""~ 6,2/697-1954 Fax 6 r 2/697-7599 ParaJe Fax 612/697-7575