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HomeMy WebLinkAbout05.05.97 Council Packet AGENDA COUNCIL MEETING MAY 5, 1997 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3 . APPROVE AGENDA 4. CITIZENS COMMENTS (5 minute limit per person for items not on the agenda.) a. Parking Concern - 8th Street between Elm and Spruce Streets b. Proclaim May 11-17 as Preservation Week (Presentation) c. proclaim June 20, 21 and 22 as Founder's Festival Days d. proclaim Emergency Services Week 5. CONSENT AGENDA (All items approved in 1 motion unless anyone wishes an item removed for discussion) a. Minutes - 4/21 (Regular) b. Renew Recycling Contract with Dick's Sanitation c. Development Agreement for prairie Creek Center (Stegmaier) d. Purchase of Welder - Public Works e. Temporary 3.2 On Sale Permit - Fastpitch Softball Tournament f . ALF Audit Report g. Conference Requests - LMC Annual Conference h. Approve Payment of Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACT a. pine Ridge Forest preliminary Plat b. Seal Coat Project Bids/Award Contract (Supplemental) 7 . PETITIONS, REQUESTS AND COMMUNICATIONS a. Marcus Cable Rate Increase b. Potential Tax Levy Limits c. Storm Sewer Assessment Policy Information (Supplemental) 8 . UNFINISHED BUSINESS 9. NEW BUSINESS a. b. Ordinance Amendment - Fences City/Townships Recreational Programming Issues Fall Clean Up Day Development Agreement and Process Revisions Pine Ridge Forest Development Agreement (Supplemental) Cancel Fall Approved with c. d. e. 10. ROUNDTABLE a. Fire Response - Citizen Concerns East of Railroad Tracks b Railroad Train Whistles c. LMC Annual Conference - Council Attendance 11. ADJOURN TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Supplemental Agenda Items DATE: May 5, 1997 It is requested that the May 5, 1997 agenda be updated as follows: Item..6b - Seal Coat Project Bids/Award Contract Memo from City Engineer Mann. made to award the contract. item. Bids were received and a recommendation has been The attached information should be added to this :Item 70 - Storm Sewer Assessment Policy Information Memo from City Engineer Mann. :Item ge - pine Ridge Forest Development Agreement Memo from Planning Coordinator Smick. The attached development agreement has been reviewed by City Attorney Grannis and the developer. A resolution approving the agreement and authorizing its signing should be adopted. Respectfully submitted, Citlj of FarminlJ.ton 325 Oak Street. Farminfjtonl MN 550211 · (612) 463.7111 · Fa/( (612) 1163.2591 FROM: 1a Mayor, Councilmembers and City Administrato~ Daniel M. Siebenaler Chief of Police TO: SUBJECT: Parking Complaint 805 Spruce St. DATE: May 5, 1997 INTRODUCTION At the regular City Council meeting of April 21 there was a concern expressed during Citizen's Comments that there was excessive on street parking in the area of 8th Street north of Spruce St. Staffhas investigated that complaint. DISCUSSION The residence at 805 Spruce St. is an owner occupied single family dwelling under construction. As of this date the yard and driveway at the residence have not been completed by the contractor MW Johnson. The project was started over the Winter months and completion was not possible. According to Building Inspection staff this is a common occurrence and the contractor is given a "reasonable amount of time" to complete the construction in the Spring. Staffhas spoken with the resident at 805 Spruce St. and h<>5 been informed that he is anxiously awaiting the completion of both his yard and driveway. Once the construction is complete it is his intention to make full use of the garage and driveway on the Spruce Street side of the residence. The resident anticipates completion in the very near future. Staffhas observed a total offour vehicles parked in the area at various times in connection with the residence. While they are parked on the street they are not parked in violation of any City Ordinance or State Statute. It should be noted that City Ordinance allows on street parking for up to 72 hours. These vehicles are moved on a regular basis. Even though there is no violation the resident has stated that on street parking is not acceptable and that it will cease when the construction is complete. Staff has spoken with the original reporting person and explained the situation to him. ACTION REOUESTED No action required. Information only. Respectfully Submitted, ~~/4 Daniel M. Siebenaler Chief of Police c/ c Pat Akin Citlj of FarminiJton 325 Oak Street. Farmin9tonJ MAl 55024 · (612) 463.7717 · Fa~ (612) 463.2591 Ii; TO: Mayor, Councilmembers, City Administrator ofv FROM: Karen Finstuen, Administrative Service Manager SUBJECT: Preservation Week, May 11-17, 1997 DATE: May 5, 1997 INTRODUCTION Historic Preservation Week is May 11 - 17, 1997. DISCUSSION Attached is a proclamation declaring Preservation Week be celebrated in the City of Farmington and asking the citizens to join citizens across the United States to recognize and participate in observing this week. The Heritage Preservation Commission (HPC) would like to recognize two families that have resided at 520 Oak Street for their roles in preserving and restoring that residence. Patricia Murphy and George Flynn, members of the HPC will present the awards to Ann and Norman Muzzy and Ronald and Beverly Marben at the May 5, 1997 Council meeting. I have also included a press release in observance of Preservation week. ACTION REQUIRED Adopt the enclosed proclamation. Respectfully submitted, ~~~ Karen Finstuen Administrative Service Manager I Citlj of Farminf/.ton 325 Oak Street. Farmin9tonJ MN 55024. (612) 463.7111 · Fa~ (612) 463.2591 PROCLAMATION WHEREAS, HISTORIC PRESERVATION IS AN EFFEcmfE TOOL FOR MANA6IN6 6ROMH, REVlTAUZIN6 NEI6HBORHOODS, FOSTElUN6 LOCAL PRIDE AND MAINTAININ6 COMMUNrn' CHARACTER WHILE ENHANCIN6 UVABIUn'; AND WHEREAS, HISTORIC PRESERVATION IS REI.EV ANT FOR COMMUNmES ACROSS THE NATION, BOTH URBAN AND RURAl., AND FOR AMERICANS OF AIJ. A6ES, All WAI.KS OF UFE AND All ETHNIC BACK6ROUNDS; AND WHEREAS, IT IS IMPORTANT TO CEI.EBRATE THE ROLE OF HISTORY' IN OUR UVES AND THE CONTRIBUTIONS MADE BY' DEDICATED INDIVIDUALS IN HEI.PIN6 TO PRESERVE THE TAN6IBLE ASPECTS OF THE HERlTA6E THAT HAS SHAPED US AS A PEOPI.E; AND WHEREAS, "PRESERVATION BE6INS AT HOMEn IS THE THEME FOR NATIONAL PRESERVATION WEEK 1997, CO-SPONSORED BY'THE FARMIN6TON HERITA6E PRESERVATION COMMISSION AND THE NATIONAL TRUST FOR HISTORIC PRESERVATION. THEREFORE, BE IT RESOLVED THAT THE HONORABLE MA Y'OR 6ERALD RISTOW AND THE COUNCIL. OF THE Crn' OF FARMIN6TON PROCI..AIM MA Y 11 - 17, 1997 AS PRESERJlA TlON WEEK IN THE CITY OF FARMIN6TON AND CALL UPON THE CmZENS OF FARMIN6TON TO JOIN THEIR FELLOW cmZENS ACROSS THE UNITED STATES IN REC06N1ZIN6 AND PARTlCIPATIN6 IN THIS SPECIAL OBSERVANCE. IN WITNESS WHEREOF, I HA YE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE CITY OF FARMIN6TON TO BE AFFIXED THIS 5TH DA Y OF MA Y,' 1997. MA YON 6ERA.LD RISTOW DA TE LIe TO: Mayor, Councilmembers, City Administrator~ FROM: Karen Finstuen, Administrative Service Manager SUBJECT: Proclaim June 20-22, 1997 Farmington Founders Festival DATE: May 5, 1997 INTRODUCTIONIDISCUSSION The annual community celebration this year will be in observance of Farmington's 125 years of incorporation. Farmington Founders Festival will be held June 20-22, 1997 and the committee encourages citizens to join in celebrating the City's proud heritage. ACTION REQUESTED Adoption of the attached proclamation is requested. Respectfully submitted, ~~ Karen Finstuen Administrative Service Manager Citlj of FarminiJ.ton 325 Oak Street · Farminf}tonJ MN 55024 · (672) 463-7177 · Fax (672) 463.2597 PROCLAMATION WHEREAS. IN 1856, JUST FIVE Y'EARS AFTt:R THE TREATI' OF MENDOTA OPENt:D THE AREA FOR SE1TLt:MENT, THE DAKOTA WEEKLY' JOURNALSAlD THIS ABOUT FARMINGTON, "THIS PLACE IS RIGHTLY' NAMt:D, FOR IT LOOKS UKE A VILLAGE OF FARMS. GOOD SOIL. GOOD WATER, GOOD TIMB~, AND INTt:WGENT cmZENS IS THEIR WEALTH.n WHEREAS, THIS VILLAGE OF FARMS WAS INITIALLY'SETI1.EJ) BY' PIONEER FAMIUES FROM NEWY'ORK AND LATER BY' CIVIL WAR Vt:TE.RANS WHO BECAME FARMINGTON'S FIRST MERCHANTS, MANUFACTURERS. DOCTORS, LAWYERS AND EDUCATORS, WHEREAS, IN 1872, FARMINGTON BECAME THE SECOND COMMUNIn'1N THE COUNITTO INCORPORATE. AND ORGANIZE A MUNICIPAL GOVERNMENT. WHEREAS, FOR 125 Y'EARS, THE cIn' OF FARMINGTON HAS SERVED THE NEEDS AND INTERESTS OF ITS RESlDt:NTS BY' PROVIDING QUAun' PUBUC SERVICES, PERSONAL AND PROPERTI' PROTECTION, ATIRACTIVt: AMENmES AND A HEALTHY' ENVIRONMENT. WHEREAS, THE FARMINGTON FOUNDERS FESTJ.V AL COMMEMORATES THE cIn"s 1 25 Y'EARS OF INCORPORATION AND RECOGNIZES THE GENERATIONS OF cIn' AND TOWNSHIP RESIDENTS WHO CONTRIBUTt:D TO THE BUILDING OF THE COMMUNIn', THt:Rt:FORE, BE IT Rt:SOLVIm THAT THE HONORABLt: MAY'OR GERALD RISTOW AND THE COUNCIL OF THE cIn' OF FARMINGTON PROCLAIM JUNE 20, 21 AND 22, 1997 AS FARMJN6TON FOUNDERS' FESTIJlAL DAYS AND ENCOURAGES THE CITIZENS OF FARMINGTON TO JOIN IN CELt:BRATlNG THE cIn"s PROUD Ht:RITAGE BY' PARTICIPATING IN THE MANY ACTIVITIES COMMEMORATING THE 125TH ANNIVERSARY' OF IT'S INCORPORATION. IN WlTNESS WHEREOF, I HAVE HEREUNTO SET MYHAND AND CAUSED THE SEAL OF THE CITY OF FARMINGTON TO BE AFFIXED THIS 5TH DA Y OF MA Y,' 1997. MAYOR 6ERALD RISTOW DATE l/d MEMO TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Proclamation Designating Emergency Medical Services Week DATE: May 5, 1997 INTRODUCTION/DISCUSSION The ALF Ambulance Board has requested the Council adopt a proclamation designating the week of May 18-24, 1997 as "National Emergency Medical Services Week". In recognition of the valuable, pot.~ntially life saving service provided by paramedics and other medical emergency personnel, the attached proclamation is submitted for Council adoption. REQUESTED ACTION Proclaim May 18-24, 1997 as National Emergency Medical Services Week in the City of Farmington. Respectfully submitted, !f;Y!~ ohn F. Erar City Administrator CitlJ. of FarminiJ.ton 3250aIcStreet.FarmintjtonJMN55024. (612) 463-7111.Fa/r (612) 463-2591 PRO C LAM A T ION EMERGENCY MEDICAL SERVICES WEEK WHEREAS, emergency medical servicess is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need, 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services providers have traditionally served as the safety net of america's health care system; and WHEREAS, emergency medical services teams consist of emergency physicians, nurses, medical technicians, paramedics, firefighters, educators, administrators and others; and WHEREAS, approximately two-thirds of all emergency mediccal service providers are volunteers; and WHEREAS, members of emergency medical service teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these hightly trained individuals; and WHEREAS, injury prevention and appropriate use of the EMS system will help reduce national health care costs; and WHEREAS, it is appropriate to recognize the value and accomplishments of emergency medical services providers by designating Emergency Medical Services Week. THEREFORE, BE IT RESOLVED that the honorable Mayor Gerald Ristow and the Council of the City of Farmington proclaim May 18 - 24, 1997 as Emergency Medical Services Week and encourages the community to observe this week with appropriate programs, ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Farmington to be affixed this 5th day of May, 1997. Mayor Gerald Ristow Date COUNCIL MINUTES REGULAR APRIL 21, 1997 ja. 1. The meeting was called to order by Mayor Ristow at 7:00 P.M.. Members Present: Ristow, Cordes, Fitch, Gamer, Strachan. Members Absent: None. Also Present: City Administrator Erar, Attorney Grannis. 2. Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. MOTION by Fitch, second by Gamer to approve the agenda with the addition of supplemental materials for Item 6c (IRE's for precision Engineering), Item 8b (G.O. Bonds for Water Reservoir), and Item 8c (Loader Bids). AP~F, MOT~ON CARRIED. 4. Citizen Comments Pat Akin: Multiple vehicles parking on street between Elm and Spruce Streets on 8th Street. Creating traffic problems. Police Department will investigate. Administrator Erar: Introduced new staff members David Olson (Community Development Director) and Brenda Wendlandt (Human Resources Coordinator) 5. Consent Agenda MOTION by Gamer, second by Strachan to approve the r~nsent Agenda as follows: a) Approve minutes - 4/7 - Regular. b) Adopt RESOLUTION NO. R43-97 accepting donation of tree from Dakota Electric c) proclaim April 25th as Arbor Day and the month of Mayas Arbor Month d) Adopt RESOLUT~ON NO. R44-97 accepting bid/awarding contract for purchase of rapid rail box from MacQueen Equipment e) Approve replacement of panels on Parks and Recreation sign at the arena f) Approve appointment of Lee M. Mann as City Engineer g) Receive adopted 1997 Budget h) Approve CIP (Other City Projects and Parks) i) Approve repairs to City Garage door j) Approve payment of the bills as submitted. AP~F, MOTION CARRIED. 6. Public Hearing - Eagles Club TIF District Financial Consultant Thomas Truszinski provided Council and audience members with information regarding the financial impact of establishing the proposed TIF District noting: the TIF District would allow the removal of two deteriorated buildings and the construction of a new building with an assessed market value of $622,600; would generate $32,000+ per year in TIF; the District would run for 15 years; the first 5 years of the district would be LGA/HACA penalty free (Option A); and the City could decertify before any penalties come due. There were no citizen comments. MOTION by Gamer, second by Cordes to close the public hearing. APIF, MOTION CARR~ED. MOTION by Gamer, second by Strachan to adopt RESOLUT~ON NO. R45-97 establishing TIF District 13 and approving and adopting a tax increment financing plan. APXF, MOTXON CARRIED. 7. Public Hearing - Amend Original Downtown Redevelopment District Consultant Truszinski stated that the action being presented for Council consideration was to amend, not extend, the original district. The purpose of the amendment was to eliminate a blighted building and aid in the construction of a restaurant on the northwest corner of the intersection of Third and Spruce Streets. Discussion followed relating to the tax impact/liability on the City if the restaurant would fail. It was noted that taxes were the responsibility of the property owner and, since financing was established on a "pay as you go" basis, there would be no tax liability for the City. There was no public input. MOTION by Gamer, second by Fitch to close the public hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Gamer to adopt RESOLUTION NO. R46-97 approving the amendment to the redevelopment plan for the Original Downtown Redevelopment District. APIF, MOTION CARRIED. 8. Public Hearing - precision Engineering Industrial Revenue Bonds Verlane Endorf of Dorsey and Whitney and Dave Hawkins~of Precision Engineering were present to answer questions and concerns of Council and audience members. The $2 million bond would be used to construct and complete a 40,000 square foot expansion of precision Engineering in the Industrial. The bonds will be backed by a letter of credit from First Star Bank and the City has no financial obligation for repayment of the bonds although City approval of the bond sale is a legal requirement. There was no public comment given. MOTION Gamer, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Cordes to adopt RESOLUTION NO. R47-97 authorizing the issuance of bonds on behalf of Precision Engineering. APIF, MOTION CARRIED. 9. South Suburban Medical Center Expansion/Elm Street Extension Engineer Glenn Cook presented the request by South Suburban for City construction of street and utility improvements necessary for expansion of their facility. The medical center signed a petition which provides for all expenses incurred in producing the feasibility study and constructing the improvements to be paid by South Suburban.' Council requested that property owners adjacent to the proposed Elm Street extension be asked if they prefer the street to end in a cul de sac or have direct access to Highway 3 from Elm Street. MOTION by Gamer, second by Fitch to adopt RESOLUTION NO. R48-97 authorizing preparation of a feasibility study for South Suburban Medical Expansion street and utility project. APIF, MOTION CARRIED. 10. Public Improvement/Capital Project Schedule Process City Administrator Erar stated that the creation of the document was in response to confusion regarding the order of steps in the improvement project process. It was noted that Council approval of the City CIP was, in effect, approval of the preparation of feasibility studies for the various projects. The feasibility studies would be prepared and presented as time and the urgency of the projects dictated. MOTION by Gamer, second by Cordes to approve the process as presented. APIF, MOTION CARRIED. 11. Water Reservoir Bonds Finance Director Roland and Consultant Truszinski informed Council that 5 bids had been received for the sale of the bonds and that the City had received a very favorable interest rate. Mr. Truszinski also informed Council that the City had received a AAA rating, which was a very positive sign for the City. Water Board Chair Robert Shirley stated that the Water Board was very pleased with the bid results and recommended approval of the bond sale. Member Fitch gave credit to the Water Board for their fiscal responsibility in planning ahead and saving monies to help in the repayment of the bonds. MOTION by Gamer, second by Strachan to adopt RESOLUTION NO. R49-97 awarding the sale of G.O. Revenue Bonds for the water reservoir site acquisition and construction to Piper Jaffrey at the net interest rate of 5.39%. APIF, MOTION CARRIED. 12. Accept Bids/Award Contract for Front End Loader Finance Director Roland stated that three bids had been received for purchase of the front end loader and the apparent low bid was received from St. Joseph Equipment for a Case load~r. It was noted that the budget had set aside $150,000 for the purchase and the bid of St. Joseph Equipment had come in at $140,011. Since the bid had come in lower than anticipated, Ms. Roland stated excess funds would be used to pay down the $155,000 Certificate of Indebtedness for Equipment bonds. Questions regarding the pros and cons of purchasing the Case loader versus the John Deere model were raised and discussed. Representatives from both manufacturers were present and provided their input in the discussion. MOTION by Gamer, second by Strachan to adopt RESOLUTION NO. RSO-97 accepting the bids and awarding the contract for the purchase of a front end loader to St. Joseph Equipment. APIF, MOTION CARRIED. MOTION by Gamer, second by Cordes to adopt RESOLUTION NO. RSOa-97 authorizing $155,000 Certificate of Indebtedness for Equipment purchase. APIF, MOTION CARRIED. 13. Industrial Park Phase II Assessments. Finance Director Roland informed Council that verbal waivers of hearing had been received from all affected property owners. She also noted that a sentence in the proposed resolution adopting the assessment roll needed to be added. MOTION by Fitch, second by Gamer to adopt RESOLUTION NO. RSl-97 adopting assessments for Industrial park Phase II contingent upon receiving written waivers from affected property owners. APIF, MOTION CARRIED. 14. Henderson Area Stor.m Sewer Project Engineer Glenn Cook stated the project was part of the 1993 Facilities Plan and was designed to reduce groundwater levels in the Henderson area. He reviewed the various aspects of the project. Of the total estimated project cost of $397,900, $91,200 would be assessed. Preliminary assessments indicate a per lot assessment of $1,531 for residential property and $6,568 per acre for commercial property. MnDOT may contribute some funding for the project, however, those monies may not be available until a later date which would delay the project. At this point, Council took a 5 minute recess. Discussion regarding several properties being assessed for both the Henderson project and the Ash Street project took place. While there were properties which would be assessed for both projects, those properties would not be assessed twice for the same improvement (i.e., storm sewer, street improvements, etc.). A question was raised as to whether storm water utility funds could be used to offset some of the assessment. Staff responded that those funds would be used to fund the City's portion of the project, but not individual assessments. MOTION by Fitch, second by Cordes to adopt RESOLUTION NO. RS2-97 accepting the feasibility report for Henderson Area Storm Sewer project and setting the public hearing date for May 19, 1997. VOTING FOR: Fitch, Strachan, Ristow, Cordes. ABSTAIN: Gamer. MOTION CARRIED. 15. Air Space Safety Height Ordinance Planning Coordinator Smick noted that the proposed ordinance was part of a Metropolitan Council requirement for the MUSA/Comprehensive Plan amendment. Both the Planning Commission and City Attorney had reviewed and approved the amendment. MOTION by Strachan, second by Gamer to adopt ORDINANCE NO. 097-394 adding building height regulations for airspace safety to Title 10, Chapter 5 of the City Code. APIF, MOTION CARRIED. 16. Roundtable Councilmember Fitch: The Fire Department has been receiving numerous grass fire calls. Would like public be mindful of the dry conditions and potential for fires. Mayor Ristow: Has received comments from residents concerned about response time of fire/rescue equipment is trains would be blocking railroad crossings at time of emergency. - Received request from Dawn Johnson of PARAC to meet with a couple of Councilmembers to discuss park funding issues. - Middle School swimming pool groundbreaking ceremony on May 5th at 4:30 P.M.. - City Weed Inspector needs to be delegated for 1997 growing season. 17. The Council adjourned the regular meeting at 9:23 prior to beginning Executive Session. Respectfully submitted, Mary Hanson Clerk/Typist 5b TO: Mayor, Councilmembers and City Administratorf FROM: James Bell Parks and Recreation Director SUBJECT: Renewal of Recycling Contract with Dick's Sanitation Service, Inc. DATE: May 5, 1997 INTRODUCTION The City entered into an agreement with Dick's Sanitation Service, Inc. to provide commercial recycling services in October of 1995. This contract was based on Requests for Proposals which requested bids for a three year time period. The Council should acknowledge the renewal of this contract. DISCUSSION The contract runs from April 1, 1996 through March 31, 1997 with options for extending the agreement two additional one year periods; 4/1/97 to 3/31/98 and 4/1/98 to 3/31/99. Due to staffing changes during the first quarter of 1997, the approval of this renewal should be retroactive to 3/31/97. The City requested the three year proposals to lock into favorable recycling rates. Dick's Sanitation Service, Inc. ' s performance during the first year has been satisfactory. BUDGET IMPACT The recycling program is providing the commercial customers with a cost effective service. Recycling costs are passed on to the customers. RECOMMENDATION Acknowledge the executed agreement with Dick's Sanitation that will automatically renew the agreement for the second term as provided in the contract. Respectfully Submitted, ,J..- ~1~~_ James Bell Parks and Recreation Director cc: file, Robin Roland, Arvilla Neff, Benno Klotz, Lena Larson Citlj of Farminf/,ton 325 Oak Street. Farmin9ton, MN 55024 · (612) 463.7111 · FaIr (612) 463.2591 5c FROM: Mayor, Councilmembers, City Administrator ft Karen Finstuen Administrative Service Manager TO: SUBJECT: Agreement with Progress Land Development DATE: May 5, 1997 INTRODUCTION An agreement addressing the use of the Stegmaier Homestead, has been drawn up as part of the amendment to the Prairie Creek PUD. DISCUSSION At the City Council meeting of February 3, 1997, the Prairie Creek PUD was amended by changing the land use of the Stegmaier Homestead from residential to professional office use. This was subject to the submittal of an executed agreement guaranteeing the continuation of professional office use and retention of the building footprint as shown on the approved original PUD. A staff approved landscaping plan was also required and has been received. ACTION REQUIRED Approve the attached agreement which will be filed with the property at the County Recorders office. Respectfully submitted, ~~ Karen Finstuen Administrative Service Manager Citlj of FarminiJton 325 Oak Street · Farmin9tonJ MN 55024 · (612) 1l63-7111 · Fa/( (612) 463-2591 AGREEMENT BETWEEN CITY OF FARMINGTON AND PROGRESS LAND COMPANY, INC. THIS AGREEMENT is made this ____ day of 1997, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (the "City") and Progress Land Company, Inc., a Minnesota corporation (the "Developer"). 1. Reauest for Approval. The Developer has requested that the City amend the land use of Lot 1, Block 2, Prairie Creek Second Addition (the "Property"), from a R1-PUD to B2-PUD, General Business. Whereas, the City agrees to amend its' zoning ordinance in this manner, however, it is conditional on the Developer entering into this development Agreement. The Property is legally described as follows: Lot 1, Block 2, prairie Creek Second Addition Dakota County, Minnesota. 2. Conditions of Approval. The City hereby approves this Agreement on the following terms and conditions: a. the Developer enter into this Agreement, and b. the land use allowable on the Property shall be a professional business office only. c. should the ~xisting structure be destroyed and/or razed, any new str~cture shall retain the footprint of the original building. 3. Development Plans. The Developer shall develop the Property in accordance wich the following plans. The plans will not be attached to this Agreement. The plans maybe prepared by the Developer, subject to City approval, after entering into this Agreement but before any commencement of work on the Property. If the plans vary from the written terms and conditions of the Agreement, the terms of this Agreement shall control. The required plans are as follows: Plan A - Staging Plan Plan B - Landscape Plan Plan C - Architectural Plans (This shall include plans for all structural improvements and additions) 4. Landscaoinq. The Developer shall landscape the Property in accordance with Plan B. The landscaping shall be accomplished in accordance with a time schedule approved by the "City". 5. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the Property to perform all necessary work and/or inspection deemed appropriate by the City during the time of construction. 6. Resoonsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the Property, including but not limited to, legal, planning, construction costs, engineering, the preparation of this Agreement, and all reasonable costs and expenses incurred by t~e City in monitoring and inspecting the project. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and/or third parties for any damages sustained or costs incurred resulting from approval and construction of this project. The Developer agrees to indemnify and hold harmless the City and its officers and employees for all costs, damages or expenses which the City may payor incur as a result of such claims, including reasonable attorney's fees. -2- C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. 7. Limitations as to Use. At no time is the Property to be used for anything other than business office purposes. Should the existing structure be destroyed and/or razed, any new structure must retain the footprint of the original building. Further, all plans and specifications must be submitted and approved by the City prior to any new construction or reconstruction. 8. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. C. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions of this Agreement, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. D, This written document expresses the entire agreement among the parties and supersedes any prior Agreements or understandings concerning the subject of this Agreement. No amendment shall be valid unless it is in writing and signed by all the parties. E. This Agreement shall run with the land and may be recorded against the title co the Property. -3- IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. Developer: CITY OF FARMINGTON PROGRESS LAND COMPANY, INC. By: 1J~ Warren . Israelson It's President By: Gerald Ristow Mayor By: John F. Erar City Clerk/Administrator State of Minnesota ss. County of Dakota The foreqoing instrument was acknowledged before me this J(i~h day of ~~r'\ I 1997, by Warren J. Israelson, President of Prooress Lan Comoanv, Inc., a corporation organized under the laws of Minnesota, on behalf of the corporation. , e AMY E ISRAELSON ; '. NOTARYPUBUC-MINNESOTA SCOTT COUNTY MY COMM. EXPIRES 1.31.2000 ---R.6Y1/C Jjd/A' j~ Notary P l~c State of Minnesota ss. County of Dakota The foregoing instrument was acknowledged before me this ___ day of I 1997, by Gerald Ristow, Mavor, and John F. Erar, City Clerk/Administrator, of the City of Farmington, a "Tinnesota municipal corporation on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public Drafted By: GRANNIS & GRANNIS, P.A. 412 Southview Boulevard Suite 100 South St. Paul, MN 55075 (612) 455-1661 chris\farmingt.civ\farmpud.ste -4- ;<-3-97 W~(h C'J? 717( ~L,-<-~ 9. Prairie Creek PUD Amendment - Stegmaier Homestead Progress Land Company, Inc., developer of prairie Creek PUD, requested an amendment to the PUD in order to change the land use of the "Stegmaier Homestead" (Lot 1, Block 2, prairie Creek 2nd Addition) from Residential PUD to Limited Business. The exterior of the existing structure would be refurbished and a front porch added. The interior would be remodeled into professional office space. The Developer wished to preserve the homestead, however, because of the cost to renovate and its location on Pilot Knob Road, its use as a residential dwelling was not feasible. It would, however, provide a good buffer between Pilot Knob Road and the residential neighborhood to the east. Planning Intern Schultz displayed drawings of the revamped building and provided feedback received at the hearing held by the Planning Commission on January 14th. Concerns were raised regarding what would occur if the land use were changed to business use and the building was later destroyed and/or replaced. What would prevent a business which was not compatible with the residential neighborhood from being built on the site? QuestioD3 and concern about allowing PUDs to be amended and consistency with granting such requests were also raised. Councilmember Strachan stated that the Stegmaier Homestead was an historically significant structure and should be saved. Planning Commission Chair Schlawin noted that it was always the intent of both the developer and the Planning Commission that the structure be saved and that allowing the change in land use was the most viable way of doing so. City Attorney Grannis stated that the amendment could be granted subject to the execution and recording of an agreement which guaranteed that the use and footprint of the building would remain as approved. He also noted that PUDs were desig_.ed to allow this type of flexibility. MOTION by Strachan, second by Gamer to adopt ORDINANCE NO. 097-387 amending the prairie Creek PUD by changing the land use of the Stegmaier Homestead from residential to professional office use subject to the submittal of a staff approved landscaping p~an and the execution of an agreement guaranteeing the continuation of professional office use and retencion of the buildings footprint as shown on the approved original PUD. APIF, MOTION CARRIED. 10. Snowmobile Ordinance Parks and Recreation Director Bell briefly reviewed the materials contained in the Council's agenda packet for this item. Comments from Council, audience members and staff covered a variety of topics including the use of County right of way to travel within the City (allowed unless specifically restricted by City), snowmobiles driving against oncoming traffic at night (illegal practice), enforcement issues (residents should record license numbers and report illegal activities to Police, and not confront or chase down snowmobiles themselves), installation of markers or barricades by residents in rights of way to prevent snowmobile use (illegal, residents could be liable for injury or damage). MOTION by Gamer, second by Cordes to adopt ORDINANCE NO. 097-388 deleting the existing snowmobile ordinance in its entirety and substituting the proposed new language in its place. APIF, MOTION CARRIED. Mayor R~stow complimented Police Chief Siebenaler and Parks and Recreation Director Bell for their work on formulating the new ordinance, map and informational items to be provided to the public. Marvin Wier informed Council that the snowmobile club was working on a trail on the west side of County Road 31 behind existing housing in an effort to alleviate problems on County 31. 5cI FROM: Mayor and City Council City Administrator(Jv Robin Roland, Finance Director TO: SUBJECT: Purchase Wire Feed Welder DATE: May 5, 1997 INTRODUCTION A wire feed welder was budgeted for in the 1997 capital outlay budget, in the Fleet Maintenance division. DISCUSSION Quotes have been received from the two vendors for the wire feed welder. The lower of the two quotes is from West Weld supply at a cost of $2,816.93. BUDGET IMPACT The 1997 budget for this expenditure item was $3,728. ACTION REQUIRED The item has been ordered from West Weld. For information only. P#~ '" Robin Roland Finance Director Citlj of FarminiJton 325 Oak Street. Farmin9tonJ MN 55024 · (612) 463.7117 · Fa~ (612) 463-2591 5e TO: Mayor, Councilmembers, City Administrator t FROM: Karen Finstuen, Admininstrative Service Manager SUBJECT: Temporary 3.2 Permit DATE: May 5, 1997 INTRODUCTION Farmington Independent Softball Team is requesting a Temporary 3.2 On-Sale License for their Fastpitch Softball Tournament on the weekend of June 14 - 15, 1997. This permit requires Council approval. DISCUSSION This tournament is a fundraiser for the Independents Softball Team. The applications for the tournament and the Temporary 3.2 License have been submitted and approved by the appropriate departments. ACTION REQUIRED Approve the temporary 3.2 license for this softball tournament. Respectfully submitted, cIhw-- ~~ Karen Finstuen Administrative Service Manager Citlj of FarminfJ.ton 325 Oak Street. Farmington, MN 55024 · (612) 1,63-7117 · Fair (612) 1,63-2591 ,. i' NON INTOXICATING MALT LIQUOR AFFIDAVIT OF GROSS ANNUAL SALES I, the undersigned, hereby certify that the prior year1s gross annual sales of on-sale non intoxicating malt liquor did not exceed ten thousand dollars ($10,000.00) or off-sale non intoxicating malt liquor did not exceed twenty thousand dollars ($20,000.00) at the . following establishment. Further, at such time during the term of the license period, gross sales of on-sale non intoxica.,ting malt liquor shall equal ten thousand dollars ($10,000.00) or off-sale non intoxicating malt liquor gross sales shall equal twenty thousand dollars ($20,000.00) all further sales of non intoxicating malt liquor shall cease until proof of financial responsibility as provided by Title 3, Chapter 12, Section 9 of the Farmington City Code as demonstrated. Signature ~~ tl\~ Place 0 l J \J-t'/ usmess ;&/loCfh Dated thi~;' 2- ~ day of .;)1~ veL , 19 cr 7 Notary: "oO;" ... -f. ~ ';':'T . ," · .... ""~. ..- - ----.. -....., ~~R.Uy 3.2 C~ s.~~ :.::z::S! ~AHE OF ORGA:;IU'IION APP!.!l::G !'!l'! OF OllG.W:UnON: (FORMAL) (SO-r;OLE:.. ~ ~aN-;:?OF!': ,(P~~a.1~E:7l'). j ~ D.lI!S: FiOII ;Iv<--- 17? 1'0 _ :>fVL.. 1,r;d 7 Lac.\!:O~ OF !.ICDSE e,-~/'\- I JV~I/ Be-I /fi~/J s. I .J ~ TYl'! OF EmIT Sd'rJ~G.1 / 7" ~ tl,/' V'\ "- V' / PURPOSE OF :. \[EYI ~ J- J,;~ 's-.., - ,.,L;-- ~~<:...~ ~ALS-e' ~ I N&'!E: OF APP!.::.\.'rr: (P~v:lh. f4.~ s5?1Y~ J /728/ :TJ-- (!J, ADDRESS OF A2PhT 'J? /~., ~ 7 DAtE { , r &!lE!Y REC~. I ':1iIS APP!.: ~- SIG:;an:u OF ::OLICZ Cli!~ "''"'''''''''~ I'2K ~,,7;;!,~~~.~~:;' ~' "t',. ..'.'.. ,,' (D~IE:l)' /9? 7 :S := ~:: :0 BE HEUl I~1 A c::-r !' .UK': V c: S !F SO. S !~~~~ :: "2 _\..~ .-il1D ;iEt~-:- ~'Z:::; -------... ~ _:...:.~.....'\. '..n:I.:. :& E:~~"'I' REQUIlU: A S~..=; :0 3E: C:'=S~::l'! tJ 0 IF SO. S!G:iArwT.Z JF GC=~ ~~VICES ~ .;30VE .;::!.:c.;:::o~: ~.;~ .~l'?!O~ ':v 7!! :::-: :::::C::' to "" ~~ '.f1:~"'~ .~.. _ ..___ ..--__..-.J OF :!~~~ -- .::::: .~~:S~:OR. :'''~ '" 4.J.. 5t '.-.-- ~. _.~ - -. .-.-, AUDITOR'S COMMENTS ON COMPLIANCE To the Board of Directors ALF Ambulance Apple Valley, Minnesota 55124 We have audited the financial statements of ALF Ambulance as of and for the year ended December 31, 1996, and have issued our report thereon dated March 11, 1997. We conducted our audit in accordance with generally accepted auditing standards and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the Legal Compliance Task Force pursuant to Minnesota Statutes Section 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers five main categories of compliance to be tested: contracting and bidding; deposits and investments; conflicts of interest; public indebtedness; claims and disbursements. Our study included ail of the above listed categories. The results of our tests indicate that for the items tested, ALF Ambulance complied with the material terms and conditions of applicable legal provisions. Further, for the items not tested, based on our audit and the procedures referred to above, nothing came to our attention to indicate that ALF Ambulance had not complied with such legal provisions. This report is intended solely for the information of ALF Ambulance. However, this report is a matter of public record and its distribution is not limited. Respectfully submitted, ~ ,&.~~ I ~ U;T. TAUTGES, REDPATH & CO., LTD. Certified Public Accountants March 11, 1997 4810 !hite Bear Parkway. White Bear Lake. ,Viinnesota 55110 . 512.A26c7000. :=,~Xi426-5004 . !'Ilemoer OT riLE"", 53 MEMO TO: Mayor, Councilmembers, City Administrator FROM: City Administrator Erar SUBJECT: Conference Request LMC Annual Conference DATE: May 5, 1997 INTRODUCTION/DISCUSSION The annual League of Minnesota Cities Conference provides valuable experience and information for municipal management and professional development. Community Development Director Olson and I will be attending this conference. BUDGET IMPACT There are adequate funds available to cover the cost of attendance. ACTION REQUIRED Approve conference attendance. Respectfully submitted, t/J {~ J hn F. Erar , ity Administrator JE1 Citlj of FarminfJton 325 Oak Street. FarminiJtonJ MN 55024 · (612) 463-7117 · Fa~ (612) 463-2591 REQUEST FORM SCHOOLS/CONFERENCES/TRAINING DEPARTMENTF9~i~i~~~EsigD_ DATE OF CONFERENCE_&=lQ__/_Q=ld__ Fl'~om To LOCATION --------------------------------------------------- St. Cloud EMPLOYEE(S) ATTENDING: 1) 2) John Erar ---------------------------------- ---------------------------------- 3) ---------------------------------- TYPE OF CONFERENCE TOPICS 1) LMC Annual Conference ----------------------------------------- -------------------------------------------------- 2) -------------------------------------------------- 3) ----------.---------------------------------------- METHOD OF TRAVEL Amount Provided in Adjusted 19_~~ Budget $__~~QQ_____ 1) Travel $_______________ 2) Registration $_~j~~~~__ 3) Rc.c.rn $ _________}}J__JJ__ 4) Meals $________________ 5) Other Expense $________ Amou1".t Request $___~liQ._____ Amt Rerna i 1"1 i 1"lg $ __~~4..1.._____ ~Jjjt7__ Date Finance Director Date ----------------------------------------------------------- TO MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. CITY ADMINISTRATOR Date ACTION TAKEN BY THE COUNCIL ON THE ______ DAY OF __________________, 19 (APPROVED) (NOT APPROVED) Rev 9/86 REQUEST FORM SCHOOLS/CONFERENCES/TRAINING DEPARTMENT_~_~___________ DATE OF CONFERENCE2:1~___/2=1]--- Fl'~om To LOCATION St. Cloud --------------------------------------------------- EMPLOYEE(S) ATTENDING: 1) David Olson ---------------------------------- 2) ---------------------------------- 3) ---------------------------------- TYPE OF CONFERENCE_____~~S_~EE~3~_S2E~~I~ES~_______________ TOPICS 1)__________________________________________________ 2)__________________________________________________ 3) -------------------------------------------------- METHOD OF TRAVEL ------------------------------------------- Amol.ll".t Request Amt Remaining $ 380.00 $ ----8-s-0-:1fo-- 1) Travel $_______________ 2) Registration $_1j2~~~-- 3) Rc.c.m $_________112-=.9.9-- 4) Meals $________________ 5) Other Expense $________ Amount Provided in Adjusted 19Y1_ Budget $___33~~~~__ Department Head Date Finance Director Date ----------------------------------------------------------- TO MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. -------------------------- CITY ADMINISTRATOR -------------------------- Date ACTION TAKEN BY THE COUNCIL ON THE ______ DAY OF __________________, 19 (APPROVED) (NOT APPROVED) Rev 9/86 COUNCIL REGISTER Council Meeting of 5/5/97 VENDOR ACTIVITY 01-MAY-1997 (09:33) ::,h DESCRIPTION CHECK AMOUNT CK-SUBSYS 4 PAWS C/O CURT FINCH ---------------------------------------------------------------------------------------------------------------- <*> A T & T WIRELESS SERVICES <*> AA EQUIPMENT COMPANY <*> ABH PROPERTIES <*> AIRLAKE FORD MERCURY <*> AIRTOUCH CELLULAR <*> ALCORN BEVERAGE CO. INC. <*> ANCOM COMMUNICATIONS INC <*> BATTERIES PLUS <*> BAUER BUILT TIRE & SERVICE <*> BONESTROO, ROSENE, ANDERLIK IN <*> BT OFFICE PRODUCTS INTERNATION <*> BUDGET OIL CO POLICE ADMIN ENGINEERING SERV SEWER OPEATIONS STREET MAINT WATER UTILITY LIQUOR PILOT KNB SEWER OPEATIONS SOLID WASTE STREET MAINT STREET MAINT BUILDING INSPECT POLICE ADMIN RESCUE SQUAD LIQUOR FIRE SERVICES SEWER OPEATIONS WATER UTILITY STREET MAINT 1997 IMPROVE COUNTY ROAD 31 DEVLPR CAP PROJ EAST FGTN PUD ENGINEERING SERV LARCH STREET NELSON HILLS FRM PARK IMPROVEMENT PRAIRIE WAT PH 2 PRAIRIE WAT PH 3 RESERVOIR CONSTR RIVERSIDE ADDIT SEWER OPEATIONS STATE AID STREET WATER UTILITY ADMINISTRATION BUILDING INSPECT CITY HALL REM BUILDING INSPECT ENGINEERING SERV FIRE SERVICES PARK MAINT PATROL SERVICES SEWER OPEATIONS SNOW REMOVAL ANIMAL CONTROL SERVICES PHONE CHARGES PHONE CHARGES PHONE CHARGES PHONE CHARGES PARTS/SUPPLIES - REMODEL MAY'97 BLDG RENTAL MAY'97 BLDG RENTAL MAY'97 BLDG RENTAL PARTS/REPAIRS CELL PHONE - MANKE CELLULAR PHONE - SIEBENALER CELLULAR PHONE PURCHASE BEER RETURN PURCHASE/INSTALLATION OF RADIO BATTERY BATTERY SERVICE CALL DAKOTA LUMBER PROJECT 141-106 ENGINEERING FEES CAMERON WOODS EAST FARMINGTON 3RD ADDN ENGINEERING FEES E FARM. LARCH ST ACCESS NELSON HILLS 6TH ADDITION PARK REFERENDUM PLAN.&SUPPORT ENGINEERING FEES ENGINEERING FEES ENGINEERING FEES RIVERSIDE DEVELOPMENT ENGINEERING FEES ENGINEERING FEES ENGINEERING FEES SUPPLIES PO#6752 SPECIAL ORDER STAMP PO#6751 SUPPLIES PO#6753 FUEL CHARGES FUEL CHARGES FUEL CHARGES FUEL CHARGES FUEL CHARGES FUEL CHARGES FUEL CHARGES 640.00 640.00* 11.21 15.63 31.25 15.62 73.71* 8,905.60 8,905.60* 100.00 1,500.00 290.00 1,890.00* 14.30 14.30* 31. 89 144.38 261. 99 438.26* 12,016.36 12,016.36* 950.00 950.00* 27.50 27.49 54.99* 170,28 170.28* 90.00 516.90 3,510.00 1,243.00 4,714.65 71.50 450.00 343.40 186.85 1,834.15 124.20 296.50 329.50 455.40 4,503.10 18,669.15* 438.16 29.02 827.51 1,294.69* 85.51 13 .14 68.44 76.84 387.21 70.36 302.65 OH OH OH OH OH OH OH OH OH OH OR 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 BUDGET OIL CO <*> BURNSVILLE SANITARY COMPANY <*> C P RAIL LIMITED <*> CARLSON TRACTOR & EQUIPMENT <*> CARQUEST <*> CDP IMAGING SYSTEMS <*> CEEF <*> CHAPIN CONSTRUCTION BULLETIN I <*> CITY OF FARMINGTON <*> CITY OF FARMINGTON - SELECT AC <*> COLLEGE CITY BEVERAGE INC <*> COMMUNICATION BRIEFINGS <*> CULLIGAN WATER CONDITIONING <*> D & J GLASS SERVICE <*> DAKOTA COUNTY FINANCIAL SERVIC <*> DAKOTA COUNTY HISTORICAL SOCIE <*> DAKOTA ELECTRIC ASSOCIATION <*> DELTA DENTAL PLAN OF MINNESOTA <*> DEPT OF PUBLIC SAFETY <*> DIESEL COMPONENTS INC <*> DISNEY EDUCATIONAL PRODUCTIONS <*> DUEBERS DEPT STORE <*> DYNA SYSTEMS <*> ACTIVITY SOLID WASTE STREET MAINT Senior Center SOLID WASTE STORM WATER,UTIL SNOW REMOVAL STREET MAINT ADMINISTRATION LIQUOR STATE AID STREET ADMINISTRATION FLEET MAINT SERV INVESTIGATION PARK MAINT GENERAL FUND LIQUOR RECREATION PROGR ICE ARENA SNOW REMOVAL GENERAL FUND ADMINISTRATION EMERG MGMT SERV SIGNAL MAINT SEVERANCE FUND POLICE ADMIN STREET MAINT FIRE SERVICES SENIOR CITIZEN FLEET MAINT SERV 01-MAY-1997 (09:33) DESCRIPTION FUEL CHARGES FUEL CHARGES FUEL CHARGES MARCH DUMPING FEES 66" STORM SWR SKID SHOE DISCONNECT SET MIN 5420 QTRLY MAINTENANCE FOUNDERS FESTIVAL SPONSOR SEALCOAT BID AD - 2 WKS PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT W/H 4/25/97 BEER SUBSCRIPTION SALT AUTO GLASS PO#6679 CHILD SUPPORT 4/25 OVER THE YEARS BROCHURE SIREN - PILOT KNOB ROAD STREET LIGHTS - 9TH STREET DENTAL PREMIUMS 1ST QTR CJDN CHARGES PARTS VIDEO-I'M NO FOOL W/FIRE TOY SUPPLIES/PARTS Dakota County Lumber Company BUILDING MAINT WOOD DOWELS & GLUE - - y--~-,- --- '-'"""~"'"-"-""--"--'---"~-"-"'"-''---''~''~'''''-'---eS'.PRBi!l'l'-MltHf'i'-"-'-""-"'-"S~'!-iil'S--'-"' .'.,....,'....- ,-.." <*> -'l~~'~: M' :.fti4"~' ~~If""-<:':'_ M,~..~~"-4.:_r,_ .- ~.....,...~..-J:-d..._.H- j lU 1 IljI II :~c:~~lIJ]JI~~:~~:,;:;-".- ,. '~:w,,:,~--~~:l~_:': .~:.;-;...;~-,'-;;4;;..T-,~..,.~~::;,:;::::,::~-~:~;~J:(~::',::::I.','.:~:~I~:~,:L~;;;J-L~"'__I.',:_l_~:~~: ',"" ... ~ CHECK AMOUNT CK-SUBSYS 309.84 417.67 28.29 OH 1,759.95* 6,793.25 OH 6,793.25* 180.00 OH 180.00* 65.38 OH 65.38* 9.04 OH 9.04* 446.00 OH 446.00* 50.00 OH 50.00* 168.00 OH 168.00* 71.76 OH 3.00 OH 2.00 OH 5.07 OH 81.83* 1,005.80 OH 1,005.80* 6,581.15 6,581.15* 79.00 OH 79.00* 100.00 OH 100.00* 259.76 OH 259.76* 302.00 OH 302.00* 80.00 OH 80.00* 5.33 OH 2,061.66 OH 2,066.99* 1,619.20 OH 1,619.20* 270.00 OH 270.00* 78.66 OH 78.66* 124.00 OH 124.00* 5.31 OH 5.31* 209.84 t1 209.84* 34 .10 uti '""'~"""",'_",~",~.~--~'.,----.",.' " 4-~6"-- "-'-~H--" 98.16* --~-_'Ili.i:i" 1'---- _i_".~'- , I ..] , ~~,-~~~_~JI.(~~: ~:":_---;:=:~~~[~~~~:-ar;~.,~~'~:~;;,~;.''';:~--_'_-:':':#::;-=0:_~:;,,-~J;:::=.:lC~.;t COUNCIL REGISTER VENDOR ACTIVITY ---------------------------------------------------------------------------------------------------------------- EDUCATION CENTER INC, THE RECREATION PROGR <*> ELECTRIC MOTOR REPAIR INC SOLID WASTE <*> ERAR, JOHN ADMINISTRATION <*> ERNEST J. DARFLINGER HRA/ECONOMIC DEV <*> FARMINGTON EMPLOYEE CLUB GENERAL FUND <*> FARMINGTON INDEPENDENT ADMINISTRATION HRA/ECONOMIC DEV LARCH STREET PLANNING/ZONING SOLID WASTE STATE AID STREET STREET MAINT TREE MAINTENANCE <*> FARMINGTON PRINTING INC COMMUNICATIONS FIRE SERVICES SEWER OPEATIONS SOLID WASTE WATER UTILITY <*> FEDERAL RESERVE BANK GENERAL FUND <*> FEED-RITE CONTROLS INC WATER UTILITY <*> FIRST NATIONAL BANK OF FARMING GENERAL FUND SOLID WASTE <*> FRONTIER COMMUNICATIONS ADMINISTRATION <*> GEISE, TRACY GEN ACCOUNTING <*> GODFREY'S CUSTOM SIGNS COMM DEVELOP <*> GOPHER SIGN CO STREET MAINT <*> GOPHER STAGE LIGHTING INC ICE ARENA <*> GOPHER STATE ONE-CALL INC SEWER OPEATIONS WATER UTILITY <*> GPJu~IS & GRANNIS,P.A. ADMINISTRATION COMM DEVELOP EAST FGTN PUD ENGINEERING SERV GEN ACCOUNTING LEGISLATIVE CTRL LIQUOR PINE KNOLL PLANNING/ZONING POLICE ADMIN 01-MAY-1997 (09:33) DESCRIPTION CHECK AMOUNT CK-SUBSYS ARTS & CRAFTS IDEAS BOOKS REPAIRS CAR ALLOWANCE - JOHN ERAR LEGAL FEES EMPL CLUB DUES 4/25 PUBLIC HEARING NOTIC PUBLIC HEAR. NOTICE-IND DEV BD AD FOR BIDS - LARCH ST ACCESS PUBLIC HEARING NOTIC AD FOR BID-GARBAGE T NOTICE OF HEARING-SEALCOATING AD F0R BID-LOADER/PL HELP WANTED-SUMMER PKS WORKER UPDATE SUPPLIES FOLD UTILITY BILLS EARTH DAYS FLYER FOLD UTILITY BILLS SAVINGS BOND W/H 4/25 CONTAINER DEMURRAGE FED/ST/FICA W/H 4/25 LOAN PYMT 89043 PHONE CHARGES MILEAGE - LOGIS MTG 4/21 RELETTER SIGNS/COMM. DEV. DIR. STOP SIGNS LIGHT RENTAL MARCH 97 MARCH 97 LEGAL FEES LEGAL FEES LEGAL FEES LEGAL FEES LEGAL FEES LEGAL FEES LEGAL FEES LEGAL FEES LEGAL FEES LEGAL FEES 52.85 52.85* 60.93 60.93* 200.00 200.00* 3,780.00 3,780.00* 41. 00 41.00* 94.50 36.45 70.20 10.80 54.00 86.40 56.70 10.00 419.05* 569.08 106.90 9.94 248.27 9.94 944.13* 25.00 25.00* 1,046.30 1,046.30* 19,609.87 35,841.26 55,451.13* 76.04 76.04* 19.53 19.53* 120.00 120.00* 414.96 414.96* 438.59 438.59* 77.88 77.87 155.75* 693.50 19.00 57.50 304.00 38.00 566.00 95.00 47.50 237:50 3,759.15 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 OH OH COUNCIL REGISTER VENDOR GRANNIS & GRANNIS,P.A. <*> GREG LARSON SPORTS INC <*> GRIGGS COOPER & CO <*> Gartner Refrigeration & MFG In <*> ICMA RETIREMENT TRUST-457 <*> IDEALS PUBLICATIONS INC <*> IKON CAPITAL <*> INTERNATIONAL PERSONNEL MGMT A <*> Independent Black Dirt Co. Inc <*> JG WEAR <*> JOHNSON BROTHERS LIQUOR COMPAN <*> JOURNAL OF EMERGENCY SERVICES <*> KELLY ELECTRIC INC <*> KINDSETH, TODD D <*> LABOR RELATIONS ASSOCIATES INC <*> LAKEVILLE, CITY OF <*> LAW ENFORCEMENT LABOR SERVICES <*> LAWSON PRODUCTS INC <*> LEAURE OF MINNESOTA CITIES INS <*> LEHMANN FARMS <*> MACQUEEN EQUIPMENT <*> MALLOY MONTAGUE KARNOWSKI RADO <*> MANDERS DIESEL REPAIR INC <*> MENARDS <:*'5" METROPOLITAN AREA MANAGEMENT A -.-i-'ilfi.~~~"~"i~~~_ii -;:lIjt-~ :;I.... ! I ,:;:'_-::~'::;f{'~--_-::';""'~:~_~:~~_~~:-=-' - lrllr-';~,:;;~~;;:;;;~j.;", ;,,-~_ -:;'~4. -: ~-,:ul- -I'_~:,'.'~~: .~~~,::-':-,"-.-__ ::':::=~'T u_~=G-"- - . - - ~~-,': .;:: . ACTIVITY PRAIRIE WAT PH 2 RECREATION PROGR RESERVOIR CONSTR Wausau Alignment Recreation prog LIQUOR ICE ARENA GENERAL FUND SENIOR CITIZEN ADMINISTRATION PERSONNEL STREET MAINT PARK MAINT LIQUOR RESCUE SQUAD LIBRARY SERVICES FIRE SERVICES PERSONNEL PATROL SERVICES RESCUE SQUAD GENERAL FUND STREET MAINT GEN ACCOUNTING LIQUOR SOLID WASTE STREET MAl NT GEN ACCOUNTING HRA/ECONOMIC DEV SOLID WASTE LIQUOR PILOT KNB ADMINISTRATION ",A :';(.4iW_l::-J.il~/l(:;';::;":"";':;~:~-~ 01-MAY-1997 (09:33) DESCRIPTION CHECK AMOUNT CK-SUBSYS LEGAL FEES LEGAL FEES LEGAL FEES LEGAL FEES 57.00 171.00 19.00 28.50 6,092.65* 28.36 28.36* 8,174.06 8,174.06* 2,379.58 2,379.58* 2,808.90 2,808.90* 19.95 19.95* 314.93 314.93* 219.00 219.00* 20.00 20.00* 157.90 157.90* 6,098.34 6,098.34* 21. 95 21.95* 88.34 88.34* 52.50 52.50* 725.50 725.50* 2,859.44 1,429.74 4,289.18* 148.50 148.50* 78.22 78.22* 500.00 500.00* 438.58 438.58* 180.63 11.11 191.74* 5,336.00 2,000.00 7,336.00* 25.13 25.13* 34.39 -""34 :'3'9"'""'''' 16.00 OH OH OH OH 16" PLAYGROUND BALL/BALL SET OH LIQUOR OH PLANT SHUT DOWN OH DEF COMP 4/25 W/H OH SUBSCRIPTION RENEWAL OH MTHLY LEASE/RENT COPIER OH AGENCY MEMBERSHIP ANNUAL DUES OH SUPPLIES OH T-SHIRTS w/ SCREENPRINT OH LIQUOR OH SUBSCRIPTION REPLACE BALLAST IN LIBRARY WR OH MEALS OH LABOR RELATIONS ISSUES OH MARCH DISPATCH CHARGES MARCH DISPATCH CHARGES OH OH LAW ENFORCE UNION DUES 4/25 OH PARTS OH INSURANCE CLAIM - ROBINSON OH MERCH FOR RESALE OH PRESSURE SWITCH OILITE TOW BAR BUS OH OH CITY AUDIT THRU 3/31 HRA AUDIT THRU 3/31/ OH OH COVER PARTS/SUPPLIES OH LUNCHEON 4/17/97 ;~ ,. w..A_~ -4 "4 '--~..." I '~].,:; .-Ie III r , ...::~- -- -iil-L,~._. :.~-: -'j' n- nD;lL U_'~"" COUNCIL REGISTER VENDOR ACTIVITY 01-MAY-1997 (09:33) DESCRIPTION CHECK AMOUNT CK-SUBSYS <*> ------------------------------------------------------------------------------------------------------------------ Vrl METROPOLITAN COUNCIL ENVIORNME <*> MINNESOTA AFSCME COUNCIL #14 <*> MINNESOTA BENEFIT ASSOCIATION <*> MINNESOTA DEPT OF TRANSPORTATI <*> MINNESOTA HISTORICAL SOCIETY <*> MINNESOTA MUTUAL <*> MINNESOTA RECREATION & PARK AS <*> MORE FOUR <*> MVTL LABORATORIES INC <*> NAPA <*> NATROGAS, INC. <*> NORTHERN HYDRAULICS INC <*> NORTHERN STATES POWER COMPANY <*> NORTON, LINDA K <*> NTFC CAPITAL CORPORATION <*> OWENS SERVICES CORPORATION <*> PALM PRODUCTIONS <*> PARKER'S FLOOR COVERING & APPL <*> PEOPLES NATURAL GAS <*> PERFORMANCE TRAINING ASSOCIATE <*> PHILLIPS WINE AND SPIRITS INC <*> PITNEY BOWES <*> SEWER OPEATIONS GENERAL FUND GENERAL FUND STREET MAINT BOARDS & COMM SEVERANCE FUND Recreation prog BUILDING INSPECT BUILDING MAINT FIRE SERVICES HRA/ECONOMIC DEV POLICE ADMIN WATER UTILITY FIRE SERVICES STREET MAINT WATER UTILITY STREET MAINT FIRE SERVICES BUILDING MAINT EMERG MGMT SERV EXCHNG BANK BLDG HRA/ECONOMIC DEV SIGNAL MAINT PERSONNEL COMMUNICATIONS ICE ARENA PATROL SERVICES LIQUOR PILOT KNB HRA/ECONOMIC DEV FLEET MAINT SERV LIQUOR ADMINISTRATION MAY SEWER SERVICE UNION DUES 4/25/97 W/H 4/25/97 D.O.T. STICKER REPLACEMENT CONFERENCE REGISTRATION FEE LIFE INS PREMIUMS TEAM REGISTRATION - 21 TEAMS FILM SUPPLIES FILM COM DEV DIR RECEPTION BATTERIES COLIFORM, MF TESTING PARTS PARTS PARTS NATROGAS PARTS/SUPPLIES 626 HERITAGE WAY CIVIL DEFENSE SIREN 344 3RD STREET-EXCH.BANK BLDG 308 ELM STREET - P & R SHOP STREET LIGHT SERVICE CONSULTING SERVICES - APRIL PO #7102 CALLER ID PH SYSTEM REPAIR FURNACE-114 W SPRUCE ST CLASS TUITION - BLUE SENSE STORE REMODEL - CARPET/FLOORIN P & R GARAGE- 308 ELM ST TRBLSHTING HYDRAULIC SYSTEMS LIQUOR MAIL MACH/SCALE QTRLY CHGS 16.00* 33,542.00 33,542.00* 320.49 320.49* 278.63 278.63* 2.00 2.00* 70.00 70.00* 201.60 201.60* 336.00 336.00* 11.15 26.02 8.88 27.39 9.35 82.79* 62.00 62.00* 176.56 31. 08 24.54 232.18* 303.54 303.54* 355.97 355.97* 112.40 12.56 224.48 105.82 2,809.92 3,265.18* 475.00 475.00* 397.66 397.66* 1,608.26 1,608.26* 45.00 45.00* 2,366.30 2,366.30* 168.91 168.91* 395.00 395.00* 1,580.17 1,580.17* 709.89 709.89* 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 COUNCIL REGISTER VENDOR POLFUS IMPLEMENT AT ROSEMOUNT <*> PRENTICE HALL REMITTANCE PROCE <*> PRESERVATION ALLIANCE OF MINNE <*> PUBLIC EMPLOYEES RETIREMENT AS <*> QUALITY WINE AND SPIRITS CO <*> R & R SPECIALTIES INC <*> REEDS SALES & SERVICE <*> ROLAND, ROBIN <*> SAM'S CLUB <*> SAVOIE SUPPLY CO. INC. <*> SCAN AIR FILTER INC <*> SELECT ACCOUNT <*> SKB <*> SNYDER APPRAISALS <*> SOUTH SUBURBAN MEDICAL CLINIC <*> ST CROIX COUNTY <*> STATE CAPITOL CREDIT UNION <*> SUPERIOR PRODUCTS MFG. CO. <*> THISWEEK NEWSPAPERS <*> TOLL GAS AND WELDING SUPPLY <*> UNITED WAY FUND OF ST. PAUL AR <*> UNITOG <*> VAUGHN DISPLAY & FLAG <*> W W GRAINGER INC <*> WACKER, MARILYN <*> WALSH, PAUL ,mIl-MARY <*> __~j_MI:l: M'","~JIfl1....A.~,:;,.,~....c"'!II'MiliMl'.. ACTIVITY PARK MAINT RECREATION PROGR BOARDS & COMM GENERAL FUND LIQUOR ICE ARENA SWIMMING POOL GEN ACCOUNTING LIQUOR LIBRARY SERVICES ICE ARENA SEVERANCE FUND SOLID WASTE IND PK - PH II FIRE SERVICES PERSONNEL GENERAL FUND GENERAL FUND LIQUOR STREET MAINT SOLID WASTE GENERAL FUND FLEET MAINT SERV SOLID WASTE STREET MAINT BUILDING MAINT LIQUOR PILOT KNB POLICE ADMIN , PARK:MAUff- :':";''';'''IIIIIIW..11ll., ~I<\~.~ 01-MAY-1997 (09: 33) DESCRIPTION PARTS LIFETIME ENCY LETTRS REV MEMBERSHIP 4/25 W/H WINE COOLER 84" ICE BLADE GRIND REPAIRS MILEAGE/PARKING COSTS 2107104225 PARKS SUPPLIES PO#7162 SUPPLIES PARTICIPANT FEES DUMPING FEES APRAISAL REPORT- IND PK PROP. FIRE DEPT PHYSICALS DRUG SCREEN CHILD SUPPORT W/H W/H 4/25/97 MERCH FOR RESALE BIDS-LOADER - 2 WEEKS CYLINDER RENTAL UNITED WAY 4/25 UNIFORMS UNIFORMS UNIFORMS U.S. FLAG & MN FLAG SUPPLIES SEW PATCHES ON SHIRTS MAY'97 BLOO RENTAL '"'c,!!'!!l.m:i _l ____~,~lJ!%I,.d.J.,!lI~J~,,_~..;iJ;lJL_.~._~..~...._,. ""~.,.__.,' "~;.=_1.~1::o. ~_,__JlLjL._J .,.,._,_ s".h,~ ."......, _, ,_, ,^' ~J"",J._~" -....:l!'II'l!!::J'J'l,.,..~ ,,' "!ii-:m'!l!llll!',,, ,'~_'''''''' l ,n.~ , ., ,....,_""""""",":"" ~ _, ~ , ",,~__Jl,J L ._~ CHECK AMOUNT CK-SUBSYS 132.71 132.71* 44.13 44.13* 50.00 50.00* 8,425.94 8,425.94* 1,085.76 1,085.76* 59.45 59.45* 631.06 631.06* 75.80 75.80* 85.00 85.00* 652.63 652.63* 49.61 49.61* 224.40 224.40* 157.00 157.00* 1,500.00 1,500.00* 204.00 50.00 254.00* 144.83 144.83* 1,296.33 1.296.33* 259.48 259.48* 81. 24 81.24* 5.27 5.27* 29.00 29.00* 10.04 91.05 202.42 303.51* 208.33 208.33* 127.25 127.25* 12.00 12.00* 18<f,:.e.g.... 180.00* OH OH OH OH OH OH OH OH OH OH OH f')" OH OH OH OH OH OH OH OH OH OH OH OH OH OH l?slL' ~"" _ .Jill, -- ~" _. -c' ~/f COUNCIL REGISTER 01-MAY-1997 (09:33) VENDOR ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYS -------------------------------------------------------------------------------------------------------------------- WINE COMPANY, THE LIQUOR WINE 1,392.15 <*> 1,392.15* XERGON FLEET MAINT SERV DURA-WELD ELECTRODE 410.19 OH <*> 410.19* XEROX CORPORATION ADMINISTRATION COPIER RENTAL CHARGE 892.53 OH <*> 892.53* 236,623.79* <*> Approved: Ristow Cordes Fitch Gamer Strachan (()a- TO: Mayor, Councilmembers, City Administrator~ FROM: Lee Smick, Planning Coordinator SUBJECT: Pine Ridge Forest PUD Preliminary Plat DATE: May 5, 1997 INTRODUCTION Pine Ridge Forest PUD is located south of the Terra development and north of Nelson Hills Farm and directly west of the proposed Cameron Woods PUD. The preliminary plat proposes 68 single-family lots to be constructed in two phases on a 30.61 acre site. DISCUSSION The public hearing scheduled for this project was originally set for preliminary and final plat approval. At this time, the Planning and Engineering Departments have not received all required information in order to approve the final plat for Pine Ridge Forest PUD. Therefore, the Preliminary Plat will be reviewed at this time. The reason to go forward with the Preliminary Plat review at this time is to allow preparation and approval of the developer's agreement. Once the developer's agreement is signed by the developer and the necessary fees are paid and the grading plan is approved by the City Engineer, the developer will be allowed to begin site grading in accordance with the City's development process. This process will allow the developer to begin grading sooner than if the preliminary and final plat were reviewed together at the May 19th City Council meeting. The developer, Tim Giles, has indicated the desire to begin grading as soon as possible and his request can be accommodated by the above mentioned process. The history of the project has shown that the developer and his engineer have been contacted by City staff on numerous occasions to provide all the necessary information required by the platting process, however, engineering and planning issues required for final plat approval have not been met. The Planning Commission approved the preliminary and final plat for Pine Ridge Forest PUD on February 28, 1997. Final plat approval will tentatively be set for May 19, 1997 at the City Council meeting. The City Attorney has reviewed and approved this process. It Citlj of Farminf/.ton 325 Oak Street. Farmin9tonJ MN 55024 · (612) 463-7117 · Fa~ (612) 463-2591 is anticipated that the developer's agreement will be added to the May 5th agenda provided that all issues have been resolved to the satisfaction ofthe City Engineer. ACTION REQUIRED Adopt a resolution to approve the preliminary plat for Pine Ridge Forest PUD, subject to the execution of a developer's agreement, the submission of erosion control requirements and temporary grading agreement for the Donnelly property and authorizing the signing of the final plat within 60 days. c7ZYj~ Lee Smick Planning Coordinator PRO P 0 SED RESOLUTION APPROVING PRELIMINARY PLAT - PiNE RIDGE FOREST - 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 5th day of May, 1997 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, a public hearing to review pine Ridge Forest preliminary plat was held on the 5th day of May, 1997 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the Planning Commission has recommended favorable action by the Council with certain conditions after receiving and evaluating comments from various parties; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE iT RESOLVED that the above preliminary plat be approved with the following stipulation: 1. The City and Developer execute a developer's agreement as prepared by the City of Farmington which shall set forth various conditions and fees. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of May, 1997. Mayor Attested to the _____ day of May, 1997. City Administrator · bb TO: Mayor, Councilmembers and City Administrator~ FROM: Lee M. Mann, P.E. Director of Public Works/City Engineer SUBJECT: 1997 Seal Coat, Project 97-05 DATE: May 5, 1997 INTRODUCTION The City has a seven year seal coating program in place. Four bids for this year's project have been received. DISCUSSION The City Council approved the plans for the 1997 Seal Coat Project at the April 7th meeting. Council authorized staff to proceed with the Advertisement for Bids on this project. The attached map indicates the areas to be seal coated in 1997. Those areas are: · Prairie Creek I, II · Silver Springs I, II . Nelsen Hills I, II . Fairhills . Riverside . Pine Knoll · Miscellaneous locations throughout the City Caldwell Asphalt submitted the low bid in the amount of $45,724.70. Based on this bid, a 10% contingency of $4,572.47 and legal, engineering and administration costs (18%) of $9,053.49 bring the total project cost to $59,350.66. The engineer's estimate presented to the Council on April 7 was $71,000. BUDGET IMPACT The cost of the project will be funded partially by special assessments and the remainder by the Road and Bridge Fund. The Pine Knoll and Riverside developments have already been assessed and those funds reside in the Road and Bridge Fund. The amount that is anticipated to be assessed from the other developments in the project based on $53.00 per buildable lot is $20,500. The total funds coming from the Road and Bridge Fund based on the bid price is $38,850.66. Citlj of Farminl}.ton 325 Oak Street · Farmin9tonJ MN 55024 · (612) 463-7117 · Fa~ (612) 463-2591 I ' RECO~NDATIONS 1. Accept the base bid of Caldwell Asphalt for $45,724.70 and award the contract. 2. Direct staff to prepare the proposed fmal assessment roll utilizing a unit price of $53.00 per buildable lot and set public hearing for August 4, 1997 at 7:00 P.M.. Respectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer LMMIll cc: file 'C " ~ ~ '" ,. " '" ,~ ... ,~ ~ 'S ~ 0; :s; 'S 'c- $ '" .... c t: .5 ~ ~ ~ ~ N oS ~ ~ .. .., .... r-- =" =" .,..-4 I .. r--.-4 =">t E-o< U~ 8Z ~O =--~ E-oS <=:l O~ UO ~Z <0 ~~ ~E-o r--< ="~ =";;J .-4=:l < E-o z ~ 8 8 8 g vi g g ~ 0 0: r- (i) '<T. '" '<T. N Z V'l 00 V'l ,.., N ~ ~ N III :t u >< ~ :t \tl '" ll. ~ ~ ~ ~ .... -< '" -< 8 0 ~ 8 t:: V'l r- ,...: V'l ~ 00 z 0 '<T ;:l ~ ~ ~ ~ z 8 8 8 8 g :! 0 <i ..c ..; 0 r- oe "'" '" (i) r- 0 V'l ,.., r- '" '" z 00 i .; M Q ;:l ~ ~ N III 0 Z ~ :E \tl E ~ ~ ~ ~ ~ .... 0 ~ 8 0 0 N ~ '<T ~ ~ t: 00 ~ '" 00 = z 0 '" ;:l ~ ~ ~ ~ z 8 8 ~ 8 g 0 '" vi '<T '" ~ '<T '" '<T N (i) N V'l or, ""'. 0 ll. 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EtiIIt ""'.". ~~~~ ~Nr--tf'i Nt'-oO"l.V'\ t"-tnNO on';o~ v V'l ""'~~.". z~ o~ ~f:; =U7 ze;:l~ o>-~:e -u!;iQ ...zz-< U ~ 0 . ~"u" E-~...lz ~ !l: -< ~. ooS~ uu......l >- i fIl r- N ..; ~ oc !i .... ..... r- ...; III oc ,,; ~ .... r- = ..; ~ ~ .... ~ ~ g ..... ~ III .... ~ o U E- U ~ a ~ ...l ~ 12 ,... ~ !!2 ICl ~g g:~~I::o ll.-c:iz~Z ...i ~::E. ~ ~ ~~-g":'~ coU 00 ::EV'lU~"" o ~~ r- c1i~ '" V'l ::J V'l ~ = ~ ~ ~~ E co ~a .,., N 00 N z~Q ::E":'~ rn N '" :.s~~ ~~ '" = = ~ '" i:;: V'l V'l zr;:;Q ::E~~ . N ~ .; "!' ON~ ",iC i5. i c u co > ;; .( '0. -5 ugj iil~ ~ \tl~ ZN", .gCii~go "'-5z"!'z ll<:V'l::E~al -5 ~ . N ~O~M~ ... 8 'i iC V'l v co N::t en ..J X ci iIi ,... '" ~, . '-1 CITY OF FARMINGTON 1997 SEAL COAT PROGRAM PARKING LOTS & ALLEYS 1997 - RAM8UNG RtVER ~OT . EI..M ST. 1997 - RAM8UNG RIVER ~OT - PINE ST. 1997 - Al..l..EY SO. OF POST OFFICE 1997 - Al..l..EY SO. OF ~18RARY 1997 - Al..l..EY NO, OF VFW ~ ~ ~ ~ ~ J \} , , , , , , , . , , ! , , . , , , , , , , , 1 , , , , , ;;; . CSAH 50 :I: <t "" U ,,- Q Q: '" 0' ~i ]fll~ ~;~ ! ~ ~ ~ ..J 0:: ' w Q: , ~ : I- ' ~ : ... , \~;\ "~::::::------~.. Cl"fII'~ ...----------..... QM;,;,-,.;;;;;.;--...------------------------------- I '~r CITY OF FARMINGTON I FIGURE I ~ ," I " I /. . .' I ,_, I ", I /,-" I ,:1", ~~*:' ! f " ,. ....' " --~~lr~~~'.~-:.---l If ,.........' I ,. -",/ ..",,::--" llir-I~----~/! . _Iii ii t ... II ! i .. i ~ I soo I I I I o 1000 ZOOO I 3000 SCALE Attaclun.ent.A Street Between Egret Court Egret Way Elk River Trail 186th Street W. 187th Street W. 188th Street W. 189th Street W. English Avenue ............................... 189th Street to D .C.E. 9th Addition Emblem Court Ellite Court Elgin Avenue Eureka Avenue Eureka Court Euclid Path ..................................... 195th Street to Englewood Way Euclid Court Estate Avenue Englewood Way............................... between Euclid Path Englewood Circle Englewood Court 190th Street West............................. Pilot Knob to one block west of Euclid Path 206th Street West 207th Street West Dallas Avenue Devonshire Avenue 203rd Street Dunbar Avenue ............................... Akin Road and Eaves Way 204th Street Eaves Way RESOLUTION NO. R -97 AWARD BIDS FOR PROJECT NO. 97-05 1997 SEAL COAT PROJECT PREP ARE FINAL ASSESSMENT ROLL Pursuantto 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 5th day of May , 1997 at 7 :00 P.M.. The foUowing members were present: The foUowingmembers were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to properly published notice, the following bids were received, opened and tabulated, which complied with the advertisement: Contractor Total Base Bid Caldwell Asphalt ............................... $45,724.70 AlliedBlacktop .................................. $49,017.00 BituminousRoadways ... ..................... $50,734.00 AstechAsphalt .................................. $52,266.00 ;and WHEREAS, it appears the fIrm of Caldwell Asphalt is the lowest responsible bidder. NOW THEREFORE, BE IT RESOL YED that: 1. The base bid of Caldwell Asphalt, a Minnesota corporation for $45,724.70 is hereby accepted and awarded and the Mayor and Clerk and hereby authorized and directed to enter into a contract therefore. 2. Staffis hereby directed to prepare the proposed fInal assessment roll utilizing a unit price of$53 .00 per buildable lot. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of May, 1997. Mayor Attested to the day of , 1997. SEAL Clerk! Administrator 31 Proposed RESOLUTION NO. R - 97 CALLING FOR PUBLIC HEARING - PROJECT NO. 97-05 - 1997 SEAL COAT PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farm- ington, Minnesota, was held in the Civic Center of said City of the 5th day of May, 1997 at 7 :00 P.M.. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution. WHEREAS, pursuant to resolution no. R -97 of the Council adopted on the 5th day of May, 1997, the City Clerk was directed to prepare a proposed assessment of the costs of the following improvements: Proiect 97-05 ;and Description Seal Coating Streets Location see Attachment A NOW THEREFORE, BE IT RESOLVED that: 1. A hearing shall be held in the Council Chambers in City Hall on the 4th day of August, 1997 at 7:00 P.M. to act upon such proposed assessment at such time and place and all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time, prior to certification of the assess- ment to the County auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Clerk/Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. The owner may at any time thereafter pay to the Clerk/Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 22 This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of May, 1997. day of ,1997. Attested to the SEAL Mayor Clerk! Administrator 23 nMarcus Cable 1a April 17, 1997 Mayor Jerry Ristow City Council Members City of Farmington 325 Oak Street Farmington MN 55024 APR 2 5 1997 Dear Mayor Ristow and Council Members, Marcus Cable has elected to make an annual adjustment to our rates for basic cable selVice and the cable programming basic selVice tier. While cable franchises are regulated at the local level, rates are set in accordance with FCC rules. On June I, Marcus Cable will adjust rates from: $10.46 to $10,54 for Basic Cable, and $15.60 to $17.50 for Cable Showcase, This year's adjustment is the result of our increased operating costs, programming costs, equipment, pole attachment fees, and increases in regulatory fees. Marcus Cable's new regulated rates are in accordance with FCC rules as well as the provisions of our franchise with the cities we selVe. Among other additions, in the past year; we launched our "On Time Guarantee" program which pledges that if we miss a service call or installation--it's free, we trained our customer service staff on the PACE (Pursuing A Commitment to Excellence) program, and added selVices to our programming line-up. As competition in telecommunications grows, we at Marcus Cable understand how important it is to offer our customers the best possible selVice at the best possible price. However, like every other business, we are faced with increased operating costs, which makes this adjustment necessary. Marcus Cable still remains one of the lowest cost video providers available. Should you have any questions or need any additional information, please call me. Sincerely, ~ ~Ch.~",,-, Karen Sanderson District Manager ce:"AdqIinistratol 16900 Cedar Avenue South · Rosemount, Minnesota 5506R · (612) 432-2610. Fax (612) 432-5765 t1Marcus Cable Cable Rates A Recent History The question many of our customers, franchise officials, employees, and members of the press ask is~ "What goes il1to setting the cable rate?" Five years ago Congress passed the Cable Act of 1992, This legislation in part, through a complex series of forms and calculations adjusted rates for all basic cable services. The law was designed to bring all basic cable rates into compliance with Federal Communications Commission guidelines. Due to the complex regulation process, very few customers received a decrease in their cable rates. Another of the unintended consequences ofthe 1992 Cable Act was the stagnation of the cable industry. Given the onerous regulations, the financial community became extremely conservative. Funding for new cable programming services crept to almost a standstill. Capital for cable operators to rebuild their cable systems also slowed considerably. Rebuilding cable systems to increase channel capacity and add new services such as the ESPNII and others was not a widespread option even as customers and franchise officials clamored for new channels and programmmg. In 1996 Congress revisited cable regulation with an eye toward letting competition set rates for . telecommunications services. Congress simplified the rate regulation procedures. Basic cable rates are still regulated so senior citizens and those with the least ability to pay, still have access to cable. Expanded basic services like CNN, ESPN, and others will be regulated until March of 1999. Premium services like HBO may be adjusted at anytime and are not regulated. Cable operators are also allowed to recover costs associated with upgrading systems and adding new services. Maracus Cable has made serious commitment to bring upgraded plant and new services to our customers. Often overlooked are the impact programming license fees have on cable rates. Many customers are under the impression that Marcus receives the Discovery Channel, CNN, ESPN and other such services for free. In fact programming costs are Marcus Cable's most significant expenditure. This year alone, cable operator costs for non-sports programming is expected to rise 17% to 20%. Sports programming costs are the most expensive and are expected to increase from 30% to 50%. Marcus Cable's annual adjustment in rates complies with the rules established by the FCC to ensure that rates are fair and reasonable. In addition our pricing structure and notification practices are consistent with the terms of the agreement Marcus has with our communities. 16900 Cedar Avenue South · Rosemount, Minnesota 55068 · (612) 432-2610 · Fax (612) 432-5765 16 FROM: Mayor and City C~il City Administrat07'-' Robin Roland, Finance Director TO: SUBJECT: Proposed Property Tax Reform Legislation DATE: May 5,1997 INTRODUCTION Both houses of the Minnesota Legislature are looking at property tax reform legislation. Similar proposals are under consideration in both the House and Senate at this time. These proposals should concern the City of Farmington as they would significantly impact the City's ability to levy tax revenues to fund the necessary growth in services required by our growing population. DISCUSSION The primary concern in both legislative proposals is the imposition of levy limits. This means that the City of Farmington would be required to limit the total amount of dollars for the total city levy to what was levied in the prior year plus an inflation factor. Proposed inflation factors range anywhere in these bills from 1.5% to 3% for 1998 and 1999. However, according to Dakota County Assessor's Office, the Tax Capacity Value for the City of Farmington has already grown 21 % over the value used to determine our 1997 levy. Our tax base has been growing at close to this rate for several years. The demand for City services, accordingly, has grown in similar proportion, however, public service costs, given this significant growth in population and infrastructure, have not grown at the 3% inflation rate prescribed and currently under review by the Legislature. In the 1997 budget process, staff identified increased costs for various City activities, with utilities and transportation at increases of between 5% to 7%. When the feasibility study for the sealcoating project was done, petroleum costs were estimated at 15% to 20% over last year. Unforeseen increases of this magnitude would not be covered by the levy limit inflation factor. Historically, legislators have proposed levy limits to restrain local government spending by limiting the amount of revenues available to them. In reality, cities have been forced to levy the maximum amount allowable to fund expenditures which grow as their cities grow. Rather than promoting sound fiscal policy and encouraging city councils to reduce their levies (thereby reducing spending), levy limits promote the exact opposite. It is interesting to note, that State spending has consistently outpaced the 3 percent factor which the Legislature is currently thinking of imposing on local governments, yet there is minimal discussion of enacting the same spending limitations on state agencies and departments. The City of Farmington has been committed to keeping its tax capacity rate stable over the last three years. Any growth in the levy has come from the growth in the tax base. This makes sense; the tax base grows, required services grow and revenues to fund those services come from the increase in taxable value, not in the tax rate, and adding no additional tax burden to existing property owners. Proposals for levy limits ignore the City's attempt to be fiscally responsible and "live within its means." Citlj of Farmin9ton 325 Oak Street · Farmin9tonJ MN 550211 · (612) 1163-7111 · Fa~ (612) 463-2591 BUDGET IMPACT Levy limits would significantly impact the City's ability to fund the necessary services required by our growing community. The City's very limited fund balance would not grow, and could very well decline. This would significantly impact our ability to finance future services and increased costs of maintaining City infrastructure. In addition, the implications of a levy limit on City debt could also negatively affect the City's ability to meet debt service obligations. ACTION REQUIRED This has been a summarization of impacts that pending legislative proposals could have on the City of Farmington's finances. This is for Council information only. Respectfully submitted, ~6\'~ ~~~ Robin Roland ~ Finance Director LMC I...".. a/ ~ (.~ I cm-~..AL- 140 Univertity A\penue West, St. &ul, MN 55103.2044 phonet (612) 281.1200 · (800) 925-1122 fax: (612) 281p1299 · TDD (612) 281-1290 April 14, 1997 ACTION ALERT! To AU City Officials House Committees pau and-city tax bill ; The House of Rcprcsentati\fes omnibus tax bill, H.F. 2163. has plenty to concern local officials - levy limits. referenda and reverse referenda requirements. The bill will be debated on the floor this Friday, April 25. Can or fax your Representative tonight or early tomoItOW morning to get these pro'Visions out of the House version of the tax bill. Levy Limits - would apply for three years aDd be adjusted for inflation. population changes, and aidchangcs. Debt levies and certain flood-related expenses would be ex.empted. Message~ . Levy limits do not allow the flexibility cities need to cope with unforscen expenses. Examples: the floods and blizzards. a new wastewater treatment plant, or ex.amples from your city. . Levy limits are unnece.o;;sary - city budgets have risen only slightly higher than inflation in the past ten years. Two thirds of the increase in property tax levies since 1990 have been for schools. only ten percent has been for ciries. Voter Referenda to appr~ve or reject levies above the levy limit and Reverse Referenda by petition of five percent of the voters to approve or reject any levy increase Message: i ,. Referenda requirements erode the a~thorlty of local officials to make the taX and budget decisions they are elected to make- I ' . Referenda requiremenl.'l may require expensive special elections, . Referenda requirements add uncertainty to the local budget process and make long-range planning more difficult. . Citizens are already involved in the local budget process through public council meetings and the Truth in Taxation process. Please contact your Representative right away and request that these provisions be removed from the House tax. bill on the floor tomoJTOW. AN EQUAL OPfORTUNITY/.AFF.IRJ&4TIVE ACTION EMPLOYER 1e- TO: Mayor, Councilmembers and City Administrator 1- FROM: Lee M. Mann, P.E. Director of Public Works/City Engineer SUBJECT: Storm Sewer Assessment Policy DATE: May 5, 1997 INTRODUCTION This memo is presented to Council for informational purposes regarding the current City policy on assessing storm sewer improvements. DISCUSSION Attached is the City of Farmington Assessment/Improvement Policy. Following is a discussion of the policy regarding storm sewer assessments, in both existing and new developments. A. Existing Developments Section VI in the Assessment/Improvement Policy addresses improvements in existing developments. In this section, storm sewer improvements are divided into two categories, trunk: and lateral. Lateral storm sewer is further split into two differently assessable categories. The policy states that the costs for Storm Sewer Trunk shall be 100 % financed by the City. Therefore, storm sewer trunk: costs are not assessable against benefiting properties. There are two different cases for storm sewer lateral. The costs for a New Storm Sewer Lateral Enhancing Existing System are 35 % assessed against the benefiting properties and the City finances the remaining 65 %. This case occurs when there is already a storm sewer system in place and additions or upgrades are installed. The costs for New Storm Sewer Laterals are assessed 100% against the benefiting properties. This case occurs when there is no storm sewer currently and a new storm sewer system is installed in an area. Lateral Gosts are assessed per buildable lot in the area that drains to the storm sewer system (both cases). This is the policy that is currently in effect and the staff follows these guidelines when preparing the assessment rolls. Citlj of Farminf/.ton 325 Oak Street · Farmin9tonJ MN 55024 · (612) 463-7171 · Fa~ (612) 463-2591 B. New Developments Section V in the Assessment/Improvement Policy addresses improvements in new developments. In new developments, the intent of City Policy is that no developmental costs are incurred by existing lots or parcels or by the City in general. Therefore, the storm sewer costs for the development are borne by the developer. The exception is for improvements which are determined to have an area wide benefit which exceeds the scope of the development. Each development is charged a Surface Water Management fee. This fee is intended to fund past, present or future storm sewer costs of trunk improvements that provide an area wide benefit as shown in the City's Surface Water Management Plan. When a developer constructs storm sewer improvements that are identified in the Surface Water Management Plan as trunk improvements, the developer receives a credit against his surface water management fee to cover the costs of those trunk improvements. BUDGET IMPACT The City has two sources of revenue to fund storm sewer improvements. As outlined above, a Surface Water Management fee is charged to all new developments that is intended to fund the trunk storm sewer improvements identified in the City's Surface Water Management Plan. The second source of revenue is the City's storm water utility fee. This fee was adopted in 1990 as a funding mechanism for storm sewer maintenance and construction in the existing areas of Farmington. ACTION REQUESTED None required as this memo is presented for information only. Respectfully submitted, CZ;:fYl~ Lee M. Mann, P.E. Director of Public Works/City Engineer CITY OF FARMINGTON ASSESSMENT/IMPROVEMENT POLICY APRIL 27, 1988 PREPARED BY: LARRY THOMPSON, CITY ADMINISTRATOR FIRST DRAFT: APPROVED: REVISED: REVISED: REVISED: REVISED: REVISED: REVISED: REVISED: 4/27/88 6/20/88 5/06/91 10/21/91 2/14/92 3/16/92 9/20/93 1/3/94 6/1/94 INTRODUCTION This document sets forth the methods and policies relating to local improvements and special assessments practiced in the City of Farmington. It is emphasized that the following summarization is general in nature and that certain circumstances may justify deviations from stated policy as determined by the City Council. A local improvement involves one or more of the following types of improvements: Roadway grading and base Bituminous surfacing Curb and gutter Sidewalks and driveways Water trunks and laterals Sanitary sewer trunks and laterals Service connections Storm sewer trunks and laterals All appropriate appurtenances associated with the above Improvements are classified as follows: 1. New Developments - The construction of improvements related to newly developed areas, normally made in conjunction with the plat approval process. 2. Rehabilitation - Complete or partial reconstruction of the abovementioned improvements including bituminous overlays. 3. Extensions - Construction of improvements generally made to extend services to a certain area. Extensions normally pertain to water, sanitary sewer and storm sewer trunks and limited access streets. The special assessment is a financing tool employed by the City as a means to allocate the cost of specific improvements to benefitted properties and to spread those costs over a number of years. Minnesota Statutes Chapter 429 regulates the procedure for the construction and financing of local improvement projects when at least part of the cost is defrayed by special assessments. Special assessments are collected from the property owner along with real estate taxes. When an improvement is of benefit to certain areas, it is the intent of the Council that special assessments be levied against benefitted properties. A major goal of this document is that special assessments be allocated and levied in an equitable and consistent manner. SECTION I DEFINITIONS Sanitary Sewer Lateral Sanitary sewer mains 8" or less in diameter and buried to a depth of 8' or less, 4' diameter or less manholes, and all appropriate appurtenances or equivalent costs of oversized mains. Water Lateral Water mains 8" or less in diameter and buried to a depth of 7' or less, hydrants, leads, gate valves, and all appropriate appurtenances on equivalent costs of oversized mains. Storm Sewer Lateral Storm sewer mains 21" or less in diameter and buried to a depth of 8' or less, 4' diameter or less manholes, catch basins, leads, and all appropriate appurtenances; or equivalent costs of oversized mains. ~anitarv Sewer Trunk Sanitary sewer main costs which are not considered sanitary sewer lateral costs. Water Trunk Water main costs which are not considered water lateral costs. Storm Sewer Trunk Storm sewer costs which are not considered storm sewer lateral costs. Drivewav Apron Portion of a private driveway extending three feet (3') behind the curb line. Drivewavs Portion of private driveway excluding apron. Limited Access Street Minor arterial and collector streets as defined in the City's Comprehensive Plan. lees. Charqes and Sure tv Per schedule adopted annually by the City Council. (See Appendix SECTION II GENERAL POLICIES AND PROCEDURES The following are general principles, policies and procedures applicable to all types of improvement: 1. Project costs shall include the cost of all necessary construction work required to accomplish the improvement, plus engineering, legal, financing, easement acquisition, fees or charges and contingent costs. 2. Assessable costs are project costs minus the City share, County share and other credits. MSA funds will not be credited. 3. Special assessments will be levied as soon as practical. Normally this will be within one year after completion of the project. 4. Pursuant to M.S. Chapter 429.051, the City does not defer assessments to benefitted areas outside of the City, but rather assumes any non- assessable cost as the City share. When property is annexed and served by the original improvement, the City can create a new assessment to be reimbursed for all or any portion of the prior assumed municipal costs, including interest, related to the improvement. 5. Publicly owned properties, including municipal building sites, schools, parks, State and Federal building sites, but not including public streets and alleys, are regarded as being assessable on the same basis as if such property were privately owned. SECTION III SPECIFIC POLICIES Proiect Initiation and Hearinq Process This section intends to describe the initiation of improvement projects and the administration required to final Council action, pursuant to the requirements of MSA 429. A. Project Initiation 1. By Petition: petitions for initiating improvements will be prepared by City staff upon request. Such petitions, circulated by the affected owners should bear the signatures of the property owners of 35% of the benefitted property. Petitions may be requested and submitted at any time. The normal time required for receiving, processing, scheduling hearings and preparing construction documents is six months. Projects for petitions received after February 1 will not be scheduled until the construction season of the following year. 2. By Council Action: If the Council determines that an improvement is in the best interest of the City, it can, without ~etition, initiate the improvement. 3. By 100% Signed Petition: When a petition is signed by 100% of the property owners benefitted by the improvement, and there is no City cost participation, the Councll may order the improvement without holding an improvement hearing. 4. By Developers Agreement: Improvement projects for new development will only be considered upon execution of a developers agreement signed by 100% of the benefitted property owners. The Council may order the project without a public hearing. B. Hearing Process 1. Improvement Hearing: After a petition is filed and its adequacy determined, or the Council initiates the project, the City Engineer is directed to study and report as to the feasibility of the improvement. If after reviewing the report, the Council feels the project has merit, a public hearing is scheduled, notice published twice, and all persons benefitted by the project notified in writing. When an improvement project is to be financed by the sale of improvement bonds, t::.ere is a statutory requirement that at least 20% of the total costs of the project be assessed against the benefitted property. :f after the improvement hearing, at which all persons are heard, the Council feels that the project still has merit, then the Council will authorize the preparation of necessary plans and specifications, and upon receipt and acceptance of those plans, will authorize the advertisement fo bids by resolution. C. Final Hearing (Assessment) After the improvement is ordered and bids received, or the improvement is completed or nearing completion, a roll will be prepared and the affected property owners will be mailed a Notice of Assessment Hearing stating the time and date that an assessment hearing will be held. An assessment roll will be prepared and will be posted at the City Clerk's office for review prior to the assessment hearing. All interested parties shall have an opportunity to be heard regarding the assessment. Necessary and proper adjustment to the assessment roll can be made by Council at the time the hearing is being held. If an appeal is made regarding the amount of the special assessment, written notice must be filed with the Council prior to or at the assessment hearinq. After the hearing, the assessment roll is adopted by the Council. The property owners have a 30 day period in which to pay their assessment in part or in full at the City Hall, interest free. After this period, the assessment begins to accumulate interest. On or about October 10th of each year, the assessment roll is certified to the County Auditor's office where it is added to the tax roll for the following year. The assessment shall be levied over a period to be established by the Cit1 Council, in equal annual installments on the principal with interest on the declining balance. The annual interest rate shall also be established by the City Council upon the sale of the improvement bonds. SECTION IV CONSTRUCTION STANDARDS AND EXPECTED LIFE Minimum Desiqn Standards The following are minimum design standards. Oversizing may be required to serve areas extending beyond the scope of the project. A. Sanitary Sewer Laterals Minimum 8" PVC (SDR35) or DIP (CL52). Manholes a maximum 400' apart. B. Sanitary Sewer Services Minimum 4" PVC (SDR35) or CISP. C. Water Main Lateral Minimum 6" loop or 8" dead end DIP (CL52). D. Water Main Services 1, Single Family Residences - Minimum 1" DIP (CL52) or Type K copper. 2. Multiple Family Residences - To be determined by City Engineer based on UBC. 3. Commercial/Industrial - To be determined by City Engineer based on UBC. E. Storm Sewer System Pipe size shall be designed to handle a 5 year event and pond shall be designed to handle a 100 year event. Catch basins shall be placed so that overland drainage does not exceed 1000'. Concrete swales a minimum of 3' wide shall be installed where overland drainage crosses an intersection. F. Residential Streets A minimum of 38' curb back to back with concrete curb and gutter. Minimum 7 ton design. G. Truck Routes/Commercial/Industrial A minimum of 44 feet curb back to back with concrete curb and gutter. Minimum 9 ton design. H. Driveways A minimum of twelve feet (12') and a maximum of ~wenty four feet (24') with six inches (6") of concrete extending from the curb line to the property line. I. Trees Per City code. See Appendix Useful Service Life Public improvements are judged to have a normal useful life expectancy. For the purpose of this policy, this life expectancy shall be as follows: A. Surface Improvements Concrete Curb and Gutter Bituminous Roadways Sidewalks 30 years 30 years 50 years B. Subsurface Improvements Water Main Sanitary Sewer Storm Sewer 50 years 50 years 60 years C. When any existing improvement is ordered to be renewed or replaced, the assessments to be levied will be prorated from 0% at one-half life expectancy to 100% at full life expectancy or beyond. SECTION V PUBLIC IMPROVEMENTS IN NEW DEVELOPMENTS General Procedures and policies City Code requires execution of a developer's agreement at the time of land platting. The developer's agreement normally references means and methods of providing for public improvement construction. As a standard, the City of Farmington has pursued policies by which all costs of improvement are directly attributable and fully paid by cost allocation or assessments against the development, developer or properties requiring and benefiting by the improvement. The policies are established with the intent that no developmental costs are incurred by existing lots or parcels, by the existing residents, or by the City in general. The exception is for improvements which are determined to have an area wide benefit which exceeds the scope of the development. At the time of platting, the cost responsibilities for any development for trunk improvements shall be defined. This responsibility includes trunk sanitary sewer facilities, trunk water facilities (including source, supply, storage and distribution components), storm water drainage and :ontrol facilities, arterial street, park dedication, pedestrian walkway systems and other public improvements, existing or proposed, of an area wide benefit. Normally the City will require a cash payment by the developer for the development's share of improvements of an area wide benefit, however, it may be assessed equally against each parcel of property over a 10 year period with interest set at 1 1/2% over the prime rate at the execution of the development agreement as stated in the Wall Street Journal. The amount to be determined annually by resolution of the City Council. At the time of platting, the development agreement may provide details on construction and timing of local or lateral improvements of various nature for the benefit and improvement of the individual properties as required by the Farmington Subdivlsion Ordinance. Minor arterial and collector streets shall be assessed, or the developer shall be charged in accordance with Section VII of this policy. City Improvement Financinq and Construction As a general policy, the City of Farmington will assist developers in the financing and construction of public improvements through authority granted to the City by Chapter 429 of Minnesota Statutes. Such assistance is granted by specific Council action for each development proposal based on )erception by the Council of the project, viability, and development )enefit to the City. The City may elect to sell bonds for such improvement and assess the costs of bond retirement against individual benefitted land parcels for a period of repayment as seen appropriate. Typically, the total project costs for improvements benefiting the development will be assessed on an equal basis against all buildable lots in the development. For such City assessed developments and improvements, the City, through the development agreement, requlres a cash deposit, letter of credit or escrow agreement equal to a minimum of 2 years principle and interest payment on project costs to protect the City from potential project default, and requires assessment payment concurrent with building permit issuance. For such City assisted projects, the City Engineer provides design, construction supervision and assessment certificate services, and other City staff provides legal, fiscal and administrative input. The standard form for such agreement is found in Appendix and incorporated as part of this policy. ---- Public Improvement Work bv Private Developers No public improvements may take place before a developer's agreement has been executed. The standard form for such agreement is found in Appendix ___ and incorporated as part of this policy. A private developer may have his plans prepared by other than City forces under the following conditions: 1. All plans, drawings, specifications and related documents required shall be prepared by a professional engineer, registered in the State of Minnesota and approved by the City. 2. The developer must keep the City informed as to the time table of development and design, the letting date of a construction contract, and the starting date of construction work. 3. In order to warrant the construction for the life expectancy as previously set forth, the City will provide inspection of all phases of construction as set forth in the contract documents. 4, The City of Farmington may perform construction surveys, staking and other engineering services when requested by the contractor or developer. The City will also assist the contractor in interpretation of the contract documents, ordinances, codes and other items necessary ~o meet the criteria as established by the City of Farmington. 5. No public improvement work shall be performed by any developer or other private party in City right of way or easement unless a developer's agreement has been executed. 6. The City will require a surety deposit of 125% of the estimated project costs in the form of cash, escrow deposit, certified check or irrevocable letter of credit. The City and its representatives shall at all times have access to the wor, in order to complete the services as herein provided, and the developer shall give the City timely notice of his readiness for inspections or other work to be rendered. Permits, licenses and easements or permanent changes in existing facilities shall be secured and paid for by the developer. The developer shall be charged for these services, and the value of the services shall be determined on a percentage basis as agreed upon by the developer and the City before the project is started. The fee for plan review and City administration is set annually by resolution of the City Council. All inspection costs will be billed on an hourly basis. Upon proper completion of sanitary sewers, storm sewers, water mains, curb and gutter, roadway base, surfacing and sidewalk by the developer, the City will accept said improvements by resolution under a one (1) year guarantee to the City. SECTION VI IMPROVEMENTS IN EXISTING DEVELOPMENTS I. Goal It is the goal of this section to equalize assessments for public improvements as much as practical. Assessments will be generally based on a per unit basis as opposed to area or front footage. Because of the various characteristics associated with different sections of the City, it may be necessary for the Council to adjust the policy in order to achieve a more equitable assessment. II. Initiation Public improvements may be initiated by petltion pursuant to MS Chapter 429 or by Council action. III. Assessable Costs A. Project costs for the following improvements shall be assessed on a pro rated basis: 1. Street Base and Bituminous Replacement 2. Curb and Gutter Replacement 3. Sanitary Sewer Lateral Replacement 4. Sanitary Sewer Service Replacement 5. Water Lateral Replacement 6. Water Service Replacement 7. Storm Sewer Replacement 8. New Sidewalk and Sidewalk Replacement 9. New Driveway Apron and Driveway Apron Replacement 10. New Sanitary Sewer Lateral Enhancing Existing System 11. New Water Lateral Enhancing Existing System 12. New Storm Sewer Lateral Enhancing Existing System 13. New Trees, Tree Replacement and Sod B. The above mentioned improvements shall be prorated on the following basis: 1988 1989 1990 1991 1992 and beyond 25% assessed 25% assessed 25% assessed 30% assessed 35% assessed C. The following improvements shall be 100% assessed: 1. New Sanitary Service Lines 2. New Water Service Lines 3. New Water Main Laterals 4. New Sanitary Sewer Laterals 5. New Storm Sewer Laterals 6. Driveways 7. New Street, Curb, Gutter and Driveway Aprons D. The following improvements shall be 100% financed by the City. 1. Sanitary Sewer Trunk 2. Water Main Trunk 3. Storm Sewer Trunk E. Seal coating shall be assessed at a 50% rate. IV. Typical Method of Assessment A. Assessments shall be based on the following method: 1. 2. 3. 4 . 5 . 6 . 7. 8 . 9 . NOTE: Services - per service unit Street/Curb/Gutter - per building unit Sanitary Sewer - per building unit Water - per building unit Storm Sewer - per building unit Sidewalks - per building unit Driveways - (including apron area) Trees/Sod - per building unit Seal Coating - per building unit - Service units are the actual number of service lines extended to the property. - Building units are defined as the number of buildable lots possible by reasonably subdividing based on minimum lot requirements of the City Zoning Ordinance and existing development. Such determination will be made at the project hearing. The Council shall take the shape of the lots, location and condition of buildings and the likelihood of the property splitting into consideration when determining the number of lots. Service lines will be installed to the maximum number of potential lots. - Lots exceeding 125' will be assessed on a per foot basis for seal coating projects. B. Assessments shall be based on the number of affected units within each improvement district. For the purpose of this section, the following rules shall apply: 1. Assessable Improvements, except sanitary sewer, minor arterial and collector streets. a. Improvements abutting predominantly short sides - Actual building units in the improvement district. b. Improvements abutting lots with predominantly long sides - To midpoint. (If the improvement area long side lots abut only one assessable street, all building units within the entire improvement area shall be assessed.) 2. Sanitary Sewer Improvements a. Improvements abutting predominantly platted short sides - Actual building units within the entire improvement area. b. Improvements abutting lots with predominantly long sides - City pays 100% of the project. * NOTE: If 20% or less of the front footage of a lot abuts the improvement or falls within the midpoint of an improvement district, it shall not be assessed. If 80% or more of a lot abuts the improvement or falls within the midpoint of an improvement district, it shall be assessed one building unit. Lots which abut between 20% - 80% of an improvement area or within the midpoint of an improvement area shall be assigned a service unit on a pro rated basis. 3. Driveways and Driveway Aprons a. Aprons shall be replaced in conjunction with curb and gutter replacement. b. Driveways between the apron and property line shall be replaced as determined by the City Engineer. Driveway replacement beyond the property line shall not be made unless written consent is given by the property owner. No driveway replacement shall be made until the owner is notified, in writing, as to the section of driveway to be replaced, new width and estimated assessable cost. A copy of the notification shall be initialed by the Owner and kept on file 4. Minor arterial and collector streets shall be assessed in accordance with Section VII of this policy. 5. Storm Sewer Improvements a. Total assessable (lateral) storm sewer project cost shall be divided by the actual number of buildable lots within the drainage area. The resultant shall be multiplied by the number of buildable lots determined for each individual property owner. The percentage of each owner's buildable lot(s) that are actually drained by the project is then multiplied by this assessment amount. The resultant shall be the owner's storm sewer assessment. C. Method of Payment (Interest on the assessments will begin accruing from the date of the adoption of the assessment roll.) 1. The owner may pay the entire or partial amount of assessment within 30 days of adoption of the assessment roll without interest. The remaining amount shall be paid in equal principal installments (typically 10 years) plus interest as determined by the Council (typically 1.5% above the net interest rate of the bond issue) . Annual payments will be remitted with the property taxes. An owner may payoff the assessments in full at any time, but will be charged the entire year's interest. V. Assessment of Sanitary Sewer to Unserviced Areas 1. All improvements, except sanitary sewer mains and services, shall be assessed in accordance with Section IV. 2. Sanitary sewer mains and services shall be apportioned in accordance with Section IV but may be offered a credit of up to 50% of the proposed sanitary sewer assessment upon inspection and certification by a City contracted inspector that the septic system has been constructed and maintained in accordance with current Minnesota Rules 7080 regulations or may be offered a credit of up to 25% of the proposed sanitary sewer assessment upon inspection and certification by a City contracted inspector that the septic system is an older system that does not meet the letter of Minnesota Rules 7080, but could reasonably be modified to meet the current criteria of Minnesota Rules 7080. Systems which shall not be issued a credit are cesspools or seepage pits without both drainfields and adequate soils, or systems where raw, untreated sewage has been observed pooling at the surface, running down slopes, or discharging directly to surface or underground waters. The owner shall agree to pay 50% of the cost of this inspection before the inspection is made, which shall be paid to the City before the inspection is perfor.med. 3. Property owners will be required to pay a fee equal to the apportioned cost plus accrued interest as determined by the City Council at the time of hookup to the sanitary sewer. 4. Property owners will be required to connect to the system and pay such fees upon failure of the septic system to meet Federal, State or local laws. SECTION VII IMPROVEMENTS ON LIMITED ACCESS STREETS (Minor Arterials and Collectors) The City recognizes that while property abutting minor arterials or collectors does not receive the total benefit of a minor arterial or collector because of limited access, the property does nonetheless receive benefit. It is determined that abutting properties which have been platted and which access an alternative street receive marginal benefit and, therefore, are not assessed. Unplatted property or property having direct access to a limited access street shall be assessed as follows: A. Extension 1) As part of proposed subdivision: 100% of the assessable costs per Section VI, Part 3 shall be assessed to the owner of the improved frontage (50% per side). Non-improved frontage, to a depth of 1000 feet, shall be assessed at a prorated basis of 25%. One half of the assessment would be assessed at the end of the project, while one half would be deferred until access or connections to the improvements were made by the property owner. Said total assessable costs shall be multiplied by the unimproved frontage and divided by the total frontage of the project. 2) Without proposed subdivision: Assessed equally on both sides to a depth of 1000 feet, shall be assessed at a prorated basis of 25%. One half of the assessment would be assessed at the end of the project, while one half would be deferred until access or connections to the improvements were made by the property owner. Said total assessable costs shall be multiplied by the unimproved frontage and divided by the total frontage of the project. B. Rehabilitation/Upgrade Assessments shall be on a per homesite/buildable unit basis and/or lineal foot of non-improved frontage to a depth of 1000 feet. Any residential dwellings or businesses having direct access to said limited access street shall be assessed equally, on a per buildable unit basis. 150 lineal feet will be designated as frontage for said buildable units. Non-improved frontage, to a depth of 1000 feet, with or without an included residential dwelling, shall be assessed equally, on a per lineal foot basis. The assessable costs shall include the improvements included under Section VI, Part III. 35% shall be used to prorate the assessable cost under Part III of Section VI for the buildable units. The applicable total assessable costs shall be multiplied by the front per buildable unit and divided by the total frontage for the project. 25% shall be used to prorate the assessment costs under Part III of Section VI for the unimproved frontage. One half of the assessment would be assessed at the end of the project, while one half would be deferred until access or connections to the improvements were made by the property owner. Said total assessable costs shall be multiplied by the unimproved frontage and divided by the total frontage of the project. TO: Mayor, Councilmembers, City Administrator ~ Lee Smick, Planning Coordinator FROM: SUBJECT: Revised Fence Ordinance DATE: May 5, 1997 INTRODUCTION The revised fence ordinance will amend Section 10-6-15 to include a clarification of fence requirements on comer lots and establish material and maintenance requirements. The ordinance will also provide a procedure for citizens to observe when constructing a fence over four feet in height. DISCUSSION Review of the existing fence ordinance was generated by the recent increase in variance requests presented to thl;; Board of Adjustment concerning height requirements for tences on comer lots. The existing fence ordinance requires fences to be a maximum of four feet in height when located in the front yard setback. The City Code states that lots which abut on more than one street shall provide the required front yard setback along each street, thereby requiring that all fences located on comer lots to be a maximum of four feet in height within the front yard setback. This requirement is sometimes viewed as placing property owners on comer lots at a disadvantage because they are not provided the privacy opportunities in backyard locations that interior lot owners can achieve with a six foot high fence. The Planning Commission has reviewed numerous issues concerning this topic and has determined that the requirement for four foot high fences on comer lots is valid. The reasons cited for maintaining the existing fence height at four feet on comer lots includes 1) the high visibility at street intersections, 2) increased aesthetics at street comers due to the elimination of tunneling effects caused by taller fences, 3) and the increased neighborhood appeal from the "open" character at street comers as witnessed in Farmington's older residential district. While not revising the fence requirements on comer lots, the Planning Commission did revise other requirements to increase the effectiveness of the ordinance. Revisions to the fence ordinance include the following: Cfct Citlj of FarminfJton 325 Oak Street. Farmin9tonJ MN 55024 · (612) 463-7111 · Fa}( (612) 463-2591 . Clarification of fences located on corner lots and the citing of front yard setback requirements for corner lots from Sec. 10-4-1 (A). . Deletion of conflicting language to allow eight foot high fences within buildable areas on any lot. . Addition of a variance requirement for fences over six feet and up to eight feet in height in residential districts. . Addition of a site plan or legal survey to be submitted to the Building Inspection Division when fences are over six feet in height and the submittal of an application when fences are constructed to exceed six feet in height. . Addition of the requirement for fences to be constructed of materials widely accepted in the fencing industry and a list of materials not allowed in the construction of a fence. . Addition of language to require that fences be maintained in a good condition and vertical position and the repair offences to be accomplished in a timely manner. The Planning Commission and the City Attorney have reviewed and approved the proposed revisions to the fence ordinance. ACTION REQUIRED Amend Section 10-6-10 by approving the revised fence ordinance. RespectfWly submitted, ~~Q Lee Smick Planning Coordinator /J& PRO P 0 SED CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE Amending Title 10, Chapter 6, Section 15 - Fences THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 10, Chapter 6, Section 15 - Fences - shall be amended by adding (underlined) and deleting (struck) as follows: 10-6-15: Fences: Fences shall be permitted in all yards subject to the following: A) Fences in residential districts may be located on any lot line to a height of four feet (4') except that a fence up to six feet (6') in height may be erected on the side and rear lot line behind the nearest front corner of the principal building. B) Fences on corner lots may be located on the lot line abuttin~ both streets ~ shall be constructed to a maximum height of four feet (4') in both required front yards as required by Section 10-4-1(A). C) Should the fence be located between principal buildings with varying setbacks on adjacent lots, a fence up to six feet (6') in height may not extend beyond the average setback of the two (2) buildings. D) Fences construetea .lithin the auilaaale areas of any lot may be up to ei~ht feet (8') in aei~ht. D) Should the rear lot line of a lot be common with the side lot of an abutting lot, that portion of the rear lot line equal to the required front yard of the abutting lot shall not be fenced to a height of more than four feet (4'). E) A variance is required for fences over six feet (6') and ~p to eight feet (8') in hei~ht when constructed within the buildable areas of lots in residential districts. F) Fences located within commercial and industrial districts may be located on any lot line up to a height of eight feet (8') except in the required front yard. G) A site plan or le~al survey with the location of the proposed fence shall be submitted to the Building Inspection Division for approval for all fences over four feet (4') in height. An application for a building permit is required for all fences exceeding six feet (6') in height. H) Fences in all districts. except agricultural. shall be constructed of materials widely accepted in the fencing industry. No plywood boards. canvas. plastic sheeting. metal sheeting or similar material shall be used for any fence construction. I) All fences shall be maintained in good condition and vertical position. and any missing or deteriorated wood slats. pickets. other fencing material. or structural elements shall be replaced in a timely manner with the same quality of material and workmanship. SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in the official publication of the City and shall be in effect on and after the day following such publication. 9h FROM: Mayor, Councilmembers City Administrator f~ James Bell, Parks and Recreation Director TO: SUBJECT: Recreation Programming in Townships DATE: May 5, 1997 INTRODUCTION Staff has received a request from an Empire Township resident to have a puppet wagon performance conducted in the township. DISCUSSION A policy should be established to deal with this type of request. Areas which must be considered are reimbursement of City expenses and a procedure for township residents to follow when initiating a request. BUDGET IMPACT The cost of the program must be considered. In addition to the costs incurred constructing and maintaining the puppet wagon, puppets and props, a City vehicle is needed to transport the puppet wagon to various performance locations. Each performance requires a minimum of two summer Recreation employees (more depending upon the number of characters in each play), preparation time (practice, designing and finding props) plus the time actually spent performing and traveling from site to site. The 1997 Budget does not include costs for any performances other than those scheduled within the City's park system. ACTION REQUESTED . Establish a policy requiring each Township Board to approve and request performances or programs in their Township. . All programs and/or performances will be conducted by City staff and will follow the established schedule. . Adopt the attached resolution setting a fee of $100.00 for each performance. Council could consider a multiple performance discount. ~G~ James Bell Parks and Recreation Director cc: Joy Lillejord PARAC Citlj of FarminiJ.ton 325 Oak Street. Farmin9tonl MN 55024 · (612) 463.7117 · Fa~ (612) 463-2591 PRO P 0 SED RESOLUTION AMENDING RESOLUTION NO. R8-97 (1997 FEES AND CHARGES) BY SETTING FEE FOR PUPPET WAGON PERFORMANCES CONDUCTED IN TOWNSHIPS 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 5th day of May, 1997 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City Council has the right to establish fees for services provided by the City; and WHEREAS, the Council has determined that a fee should be established to cover the costs of Parks and Recreation Puppet Wagon performances conducted in the townships. NOW, THEREFORE, BE IT RESOLVED that the following fee for Puppet Wagon Performances conducted in the townships be established: Puppet Wagon Performance (Townships) $100.00 per performance This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of May, 1997. Mayor Attested to the _____ day of May, 1997. City Administrator 9e- FROM: Mayor, Counc>>Jf.ie embers and City Administratonrv James Bell, Parks and Recreation Director TO: SUBJECT: Fall Clean Up Days DATE: May 5, 1997 INTRODUCTION The City has held two clean up days annually since 1990 one in the spring and one in the fall. A comparison of past clean up days has been prepared for the Council's consideration. DISCUSSION The City of Farmington has held many successful clean up days. Typically, there is a lower turn out in the fall. Below is a chart outlining past attendance. Clean Up Days - # of Vehicles 600 500 . ~511 ~~ ~ ~.., 400: ".,;$ll;$~: ~ -- .. ..... .. .. .3'54 '... ".... 1 ... ' .. .. , - . 300 i '- - . ~"... - . :3Q2 _ . .'278 - - - . 260 200 ' 100 _spring - . - fall o 1990 1991 1992 1993 1994 1995 1996 Several cities in Dakota County hold clean up days, either annually or periodically. Most cities charge nominal fees for each material collected at their clean up days. However, Council has offered this service at no cost to City residents. Citlj of Farminf/,ton 325 Oak Street. Farmin9tonJ MN 5502~ · (612) 463-7111 · Fa~ (612) 463-2591 When reviewing the total cost of the clean up days in relation to the vehicles through the gate, it is clear that, although the overall cost for the Fall Clean Up Day is less, the cost per vehicle is higher than in the spring. aean Up Days - Cost per Vehicle 1995 1996 IlilFall o Spring 1994 So $5,00 $10.00 $15.00 $20.00 $25.00 $30.00 $35.00 $40,00 After reviewing this information, the Council may want to consider discontinuing the Fall Clean Up Day. This information would be distributed at the Spring Clean Up Day, put into City newsletters and advertised in the newspaper. The savings resulting from this change could be used for one 10 yard cage for cardboard recycling. There is a definite need for a cage on the east side of Farmington near the Larch Street entrance. The east Farmington cage could be placed at the Budget Mart on T .H. 3. The cost for one 10 yard cardboard cage is $2,850. BUDGET IMPACT There is $24,480 budgeted for special activities for 1997. $7,000 to $10,000 could be saved if the Fall Clean Up Day were discontinued. ~ RECOMMENDATION 1. Consider discontinuing the Fall Clean Up Day 2. Purchase one 10 yard cardboard recycling cage. Respectfully Submitted, James Bell Parks and Recreation Director cc: file Benno Klotz Lena Larson ~.' ~ ~Jj ':11,", (~j;V;~ WELDING & MANUFACTURING, INC. We Do 1/ AI All Angles 4-11-97 City of Farmington RE: Quote on Cardboard Containers. ATlN: Ben Here are the prices you requested: 2--Cardboard Containers $2675.00 each. If you have any questions please call 487-5055. Sincerely, Michael Frascone 274 Atwater Street . .., StPa~l. t.>1N. 25JI}4t. (6121487,5055." .'E!~,{~J.,},.4~ja"z9:;,;;<:..: ~~=-'._..--".__. ----. ':",-- - --... :,.U'.L"I~~;:I"..'. :' ~:' . -~ ., ~~!:l.':.~.!.J!,~~2:~~~~~~,_N";'" -"~':--"'""';':-;;:;-'":'-'" "."".,--",,,, ~L.-~Iil~~'" .]~3. ~-=~~ ~~ . ~<_:Jll..~; ::~:_.' .-~;~[!,_~-,,:: ;-: _,~.;-:___._ .~1_. ...:: . . ...._ _.~:;:i'--'1~~.li.' ,"~~,."":'~'4~ "., . , .. "_ i ~. ~. .~-\~:~.-~~.:~~~:~ I =::::=::::: '-~-~..~ FABCO PORTABLE WELDING 4-11-97 City of Farmington . RE: Roll Off containers to specs per phone conversation. 2 Cardbo~d Roll-Offs; $2900.00 each. ,. . . .tc~ Mark Holland . '.. . . . . 642 RUTH ST. NO.. ST. PAUL, MN 55119. TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Development Agreement and Process Revisions DATE: May 5, 1997 INTRODUCTION A number of issues relative to proposed revisions in both development agreement language and private development processes have been reviewed. These proposed changes are being introduced due to a variety of concerns which have been expressed by involved staff in the private development process. DISCUSSION Accordingly, these modifications suggest that the City needs to adopt more contemporary planning, administrative and engineering practices in terms of private development interaction processes. Simply stated, the Ci~T needs to revise its internal organizational review of privat~ developments to ensure that the needs of both our short-term and long-term customers are satisfied. Attached please find information relating to these changes which have been prepared and discussed by administration, planning and engineering staff. The following goals and supporting statements are summarized below: . To ensure that all planning and engineering issues are resolved before a Preliminary Plat is approved, it is proposed that all issues would be resolved and approved by the Planning Commission, before the Preliminary Plat is forwarded to the City Council for approval. . Statutory provisions require only one public hearing for review of a plat. Historically, two public hearings have been held at both the Planning Commission and City Council levels. Staff, in consultation with the City Attorney, Planning Commission, and in review of existing practices and past problems and concerns, suggests that only one public hearing be held at the Planning Commission level. This change in practice would still require City Council review and approval of both the preliminary and final plat, but it would appear to make more sense to ensure that all issues are fully explored, examined and finalized by the Planning Commission prior to submittal to the City Council. In addition, having only one public hearing would streamline existing planning review processes and enhance the City's customer service practices. This proposed change in the City Code has been reviewed and is recommended by the Planning Commission, the City Attorney and involved staff. If Council Citlj of FarminlJton 325 Oak Street. Farmin9tonJ MN 55024 · (612) 463.7117 · Fa~ (612) 463-2591 Mayor and Councilmembers Development Agreement and Process Revisions Page 2 of3 · That notices for public hearings on development plats would be scheduled at the discretion of Community Development and Engineering staff providing that the developer has submitted all necessary information and, most importantly, that staff has had adequate time to review this information, normally within 21 calendar days at the Planning Commission level. Statutory provisions allow cities up to 60 days to review private development proposals once all necessary information has been provided. · That City staff will have the professional discretion to determine the suitability and appropriateness of the information requested and submitted to accurately and prudently review development plans. · Finally, that the mission of City staff regarding private development submittals is the recognition that there are essentially two customer groups; the developer as the short-term customer; and the home buyer as the long-term customer. Accordingly, each customer group has somewhat different needs, expectations, motives and short and long-term interests. Consequently, in order for staff to meet these needs, staff will need to have the discretion to implement development review processes which support these objectives in a professional, competent and objective manner. Short-term Plannine: and Development Customer Service Expectations Developer expectations of staff, as a short-term customer in the development planning process, has needs related: 1. to timely process approvals, which includes eliminating unnecessary delays, 2. expecting that information on City Development processes is received in a timely manner by staff; 3. expecting reasonable time schedules to submit information and receive staff feedback on development proposals in a reasonable amount of time; 4. expecting timely, courteous and competent staff services; 5. marketing an attractive and affordable housing product; and 6. minimizing unnecessary costs associated with their respective development proposal. Conversely, staff's expectations of the developer, as a customer, is the following: 1. that information requested by staff is submitted in an acceptable format for review; 2. that information requested is submitted in a timely manner to allow staff adequate time to review the information and the recognition that the respective developer's proposal is one among many and will be reviewed in the order received; 3. that as questions and/or issues emerge during the review process that the developer provide responses in a timely and appropriate manner; 4. that the developer is responsible for preparing the plat in accordance with explained City Code provisions and acceptable municipal engineering standards as may be required. Staff's responsibility is to explain requirements, review, comment and ask questions on submittals and ensure that development planning and engineering issues are appropriately addressed; 5. that the developer conduct himlherself in a courteous, professional manner; Mayor and Councilmembers Development Agreement and Process Revisions Page 3 of3 6. that plat submittals and supporting engineering information be provided to staff by the Developer's project staff without excessive staff inquiries and telephone calls concerning the timeliness of the information requested. 7. Finally, that developers be held accountable for their portion of the information requested and that their failure to do so will ultimately result in delays in the private development planning review and approval processes. Lone:-term Development Plannine: and Ene:ineerine: Objectives Staff responsibilities are to ensure that alII) planning, 2) engineering, 3) administrative, 4) environmental, 5) quality of life and 6) legal requirements are satisfied to ensure that the long- term customer's interest, as a future resident and taxpayer in the community are safeguarded. Development Ae:reement Lane:uae:e and Flow Chart Modifications Attached, please find additional information concerning the private development process and new proposed development agreement language that will facilitate the development process and prevent certain problems from occurring. The attachments will be presented by staff at the Council meeting. BUDGET IMPACT None. ACTION REQUESTED Council action is requested relative to: 1) Preliminary approval requiring only one (1) public hearing in the private development process. If Council concurs amending language to the City Code will be brought to Council for adoption in the near future. 2) Acknowledge the Short-term Planning and Development Customer Service Expectations as described above as information only 3) Acknowledge the Long-term Development Planning and Engineering Obiectives as described above as information only. 4) Acknowledge the Development Approval Process Chart as information only. 5) Acknowledge the additional language to the City's Development Agreement as information only. Respectfully submitted, ~~ City Administrator CITY OF FARMINGTON DEVELOPMENT APPROVAL PROCESS 1. Initial meeting with staff to I *Denotes meeting date I determine project & possible issues 1 2. Submit sketch plan & 1 corresponding information 3. Review by development committee & staff - Review proposal at Planning 4. Developer submits Commission meeting preliminary plat to Planning & Engineering staff with 1 comments addressed and all required information along 5. Notice for Public Hearing is with payment of fees - 60 day published 10 days prior to time limit begins Planning Commission hearing 6. Planning Commission date for preliminary plat review Public Hearing for preliminary plat with all issues resolved, 1 recommends plat be 7. Planning staff prepares report sent to City Council for City Council concerning review of preliminary plat at City 1 Council 8. Preliminary Plat is reviewed by City Council - 9. Developer prepares final plat Upon approval, resolution for and submits to Planning preliminary plat is adopted Coordinator along with payment of fees I 1 11. Final Plat is reviewed by 10. Planning Commission City Council - Upon approval, reviews final plat and sends resolution provides for recommendations to acceptance of all agreements for City Council improvements, public dedication and other requirements indicated . by City Council 12. Developer's Agreement is drafted by CD/Planning 13. Developer's Agreement is & Engineering staff included on consent agenda and approved by City Council upon 1 approval of developer 14, Developer provides all 15. Final Plat is signed by required fees, final plat Mayor and Chair of Planning documents and signs Commission and released to developer's agreement developer for recording along with certified Developer's Agreement Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 CITY OF FARMINGTON DEVELOPMENT APPROVAL PROCESS An initial meeting with staff to determine project requirements and possible issues. This meeting serves as a mechanism for the developer to become aware of City development ordinances and standards. Staff also prepares development approval schedule, discusses checklist and informs developer of associated fees involved in development process. Submit sketch plan and corresponding information. The Developer submits the Sketch Plan to the Planning Coordinator along with other pertinent information. Review by Development Committee and City Staff-Review proposal at Planning Commission meeting. Planner reviews the proposal with the Development Committee, City Staff and Planning Commission to provide all groups the opportunity to become familiar with the project prior to formal action or public hearing. It gives the developer the chance to receive feedback prior to the expense of detailed plan preparation on projects that may need substantial revision before formal approval is given. Meeting 1 - Sketch Plan is reviewed at Planning Commission meeting. Developer submits preliminary plat to Planning and Engineering staff with comments addressed and all required information along with payment of fees - 60 day time limit begins. The developer shall submit a) an application for preliminary plat, b) fifteen (15) copies of the plat, c) five (5) copies of support documents, d) an abstractor's list of property owners living within three hundred fifty feet (350'), and e) filing fees and surety as specified in the City's annual fee schedule. All of this information must be included in the submission in order for the Planning Commission to act upon the preliminary plat. Major engineering and planning issues must also be addressed before the preliminary plat is approved at the Planning Commission level and sent to the City Council for review. The 60 day time limit for reviewing and approving the preliminary plat begins when all of the above information along with engineering and planning issues are addressed. Notice of Public Hearing is published 10 days prior to Planning Commission hearing date for preliminary plat review. Notice of public hearing is mailed to properties on abstractor's list and affidavit of mailed notice is filed. Planning staff notifies affected agencies, jurisdictions and utilities and requests comments concerning preliminary plat. Planning Commission Public Hearingfor preliminary plat with all issues resolved, recommends plat be sent to City Council. Planning Commission does not approve preliminary plat until all information is submitted and all issues are addressed. If approved, Planning Commission recommends plat be sent to City Council. Meeting 2 - Preliminary Plat is reviewed at Planning Commission Public Hearing. Step 7 Planning staff prepares report for City Council concerning review of preliminary plat at City Council. Step 8 Preliminary plat is reviewed by City Council - Lpon approval, resolution for preliminary plat is adopted. City Council reviews preliminary plat and adopts resolution for preliminary plat upon approval. Meeting 3 - Preliminary Plat is reviewed at City Council meeting. Step 9 Developer prepares final plat and submits to Planning Coordinator along with payment of fees. The developer submits a final plat of any portion that was not recorded by providing twelve (12) copies of the final plat and two (2) copies of all final engineering drawings. Planning and Engineering staff reviews and prepares agenda report materials on the plat. Step 10 Planning Commission reviews final plat and sends recommendations to City Council. Planning Commission reviews plat and forwards recommendation to the City Council. Meeting 4 - Final Plat is reviewed at Planning Commission meeting. Step 11 Final plat is reviewed by City Council - Upon approval, resolution provides for acceptance of all agreements for improvements. public dedication and other requirements indicated by City Council. City Council adopts resolution approving and authorizing signing of plat contingent upon preparation of developer's agreement. Meeting 5 - Final Plat is reviewed at City Council meeting. Step 12 Developer's Agreement is drafted by Communiry Development/Planning and Engineering staff. Developer prepares cost estimates for required developer improvements and City Engineer prepares financial guarantees for developer's agreement. After preparation of agreement, staff forwards draft developer's agreement to City Attorney for approval. After approval by City Attorney, staff forwards draft to developer for review, comment and, if necessary. to arrange for a meeting to work out unresolved issues. Step 13 Developer's Agreement is included on consent agenda and approved by City Council upon approval of developer. Developer's Agreement is reviewed and upon approval of developer. City Council approves Developer's Agreement. Meeting 6 - Developer's Agreement is reviewed at City Council meeting. Step 14 Developer provides all required tees, final plat documents and signs developer's agreement. Developer provides all required fees, final plat documents, including one full size and one 8 1/2" x 11" mylar of final plat, and signs developer's agreement. Three copies of agreement are required to be submitted to City. Step 15 Final plat is signed by Mayor and Chair of Planning Commission and released to developer for recording along with certified Developer's Agreement. 31. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. 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 w~ll 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 ot 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, that 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. 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 propercy 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. J. The Developer shall obtain a Wetlands Comoliance 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 25 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 29 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 S~d~ 7:00 A.M. ~til 7:00 P.M. 8:00 A.M. ~til 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. 9( TO: Mayor, Councilmembers, City Administrator~ FROM: Lee Smick, Planning Coordinator SUBJECT: Pine Ridge Forest PUD Development Agreement DATE: May 5,1997 INTRODUCTION The Development Agreement for f'ine Ridge Forest PUD has been drafted in accordance with the conditions presented at the February 3rd City Council meeting. DISCUSSION The Pine Ridge Forest PUD Development Agreement requires the following conditions to be agreed upon with approval of the preliminary plat: . the Developer enter into the Development Agreement; . the Developer provide necessary security in accordance with the terms of the Agreement; . the Developer obtain approval of and record the final plat within sixty (60) days. The Development Agreement has been reviewed and approved by the City Attorney. ACTION REQUIRED Approve the execution of the development agreement and adopt a resolution authorizing its signing. ~Respect~y sUb~mitte~, () I . ~# I~' . .! Lee S~ick Planning Coordinator Citlj of Farmin9ton 325 Oak Street. FarminfJton, MN 55024 · (612) 463.7111 · Falf (612) 463.2591 DEVELOPMENT CONTRACT AGREEMENT dated this day of 19 , by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Pine Ridge of Farmington, LLP, a Limited Liability Partnership (DEVELOPER). 1. Request for Plat A~proval. The Developer has asked the City to approve the preliminary plat for Pine Ridge Forest (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally described as: See Attached Exhibit "A" 2. Conditions of Approval. The City hereby approves the preliminary plat on the condition that: a. the Developer enter into this Agreement; b. the Developer provide the necessary security in accordance with the terms of this Agreement; and c. the Developer obtain approval of and record the final plat within sixty (60) days. 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 30G, the plans shall control. The req~lred plans are: Plan A - Final Plat/phasing Plan Plan B - Final Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications 1 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, final 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 of the plat shall be included. 5. Zoning/Development 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 p~oposed land uses; and e. future ponds. 6. Required Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System h. Sidewalks and Trails b. Water System (trunk and lateral) i. Site Grading and Ponding c. Storm Sewer Traffic Control Devices d. Streets k. Setting of Lot & Block Monuments e. Concrete Curb and Gutter l. Surveying and Staking f. Street Signs m. Landscaping, Screening, Blvd. Trees g. Street Lights 2 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. 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 assure 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 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 preconstruction 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 of reproducible "As Built" plans. The Developer shall also supply the City with a 3.5" diskette contain~~g the following information in an Autocad Release 12 compatible fo~mat (.o#g or .dxf files) : - approved plat - proposed utilities (storm 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 informacion, 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, 1998. 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. 3 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, 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 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 final 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 tc 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 fi~al acceptance of streets and utilities. 10. Grading 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. 4 If the developer needs to change grading affecting drainage after homeowners are on s~ce, 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 backfilling operations shall be reseeded 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, the City may take such action as it deems appropriate to control erosion. 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 re~mburse 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 ~ssued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for a $400.00 Erosion and Sediment Control fee based upon ~he number of lots in the plat, plus inspection fees at the current rate of $39.00 per hour as charged by the Soil and Water Conservation District. The Developer is also responsible for a Water Quality Management Fee of $572.57 based upon th'; number of acres in the plat. 12. Landscaping. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schea _e approved by the City. 5 13. Phased Development. The plat shall be developed in two (2) phases in accordance with Plan A. A portion of the westerly phase as shown on Plan A is outside the City of Farmington MUSA boundary. No earth moving, construction of public improvements or other development shall be done in any phase until the corresponding Plans A-F have been approved by the City Engineer and the necessary security has been furnished to the City. Once Plans A-F have been approved by the City Engineer and necessary security has been furnished, the Developer may commence with earth moving, construction of public improvements or other development in the easterly phase of the development as shown on Plan A. In the westerly phase of the development as shown on Plan A, the Developer will be limited to rough grading and storm sewer installation until such time that City of Farmington's MUSA boundary is extended to includ~ the entire westerly phase of the development. Also, this agreement shall require the Developer to install the storm sewer improvements in the westerly phase of the development since these improvements are necessary to drain the stormwater from the easterly phase of the development. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. 14. Effect of Subdivision A~proval. For two (2) years from the date of this Agreement, ~o 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 final 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 ~he contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including remO'I:.ng unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement any may require subcission of a new plat. 6 15. Surface Water Management Fee. The Developer shall pay an area storm water management charge of $ 89,788.53 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. 16. Wetland Conservation and Mitigation. 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 Charge. The Developer shall pay a water area charge of $ 31,651.81 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. ~he 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 Developer shall receive a credit of $81,260.00 for trunk water main installation and oversizing, resulting in a net credit of $49,608.19. The City will reimburse the Developer for this credit when the water main work for the entire project is complete and accepted by the City. 7 18. Sanitary Sewer Trunk Area Charge. The Developer shall pay a sanitary sewer trunk area charge of $ 23,567.08 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. 19. Park Dedication. The Developer shall pay a park dedication fee of $ .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. City shall allow Developer to tree spade and save as many pine trees as possible. Said trees shall be stored above ground on the park site until such time as Developer can remove them and plant ~em elsewhere. 20. Sealcoating. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $3604.00 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. 21. ~IS Fees. The Developer is responsible for a Government Information System fee of $1700.00 based upon the number of lots within the subdivision. 8 22. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 23. 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. 24. 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. 25. 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 $1,343,550.00. The bank and form of the security shall be subject to the approval of the City Administrator. The security shall be for a period ending October 31, 1998. The term of the security may be extended from time to time if the extension is furnished to the City Admir.istrator at least forty-five (45) days prior to the stated expiration date of the security. If the 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 Clty may draw down the security, without prior notice, for any violation of this Agreement. The amount of the security was calculated as follows: 9 Grading/Erosion Control $ 153,200.00 Monuments $ 13,600.00 Sanitary Sewer Lateral $ 175,300.00 St. Lites/Signs $ 24,150.00 Water Main $ 312,200.00 Blvd. Trees $ 58,400.00 Storm Sewer $ 179,400.00 Blvd. Sodding $ 31,400.00 Street Construction $ 338,400.00 Bike/Pedestrian Tr. $ 14,300.00 Two Years Principal and Interest on Assessments $ 43,200.00. This breakdown is for historical reference; it is not a restriction on the use of the security. 26. 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, 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 ~ncurred 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 (3) .'cays shall accrue interest at the rate of eight per~::mt (8%) per annum. :0 E. The Developer agrees to complete the road connection of Everest Path with the southerly development (Nelsen Hills 5th Addition as shown on Plan F). This work consists of finishing the curb and gutter, first lift of blacktop and sewer and water to complete the improvements between Pine Ridge Forest and Nelsen Hills 5th Addition. The Developer shall pay all costs associated with these improvements. The Developer agrees to be responsible for these costs and failure to complete these improvements will constitute a violation of this agreement. Upon such violation, the City may draw down the security in order to complete these improvements. 27. 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. 28. Existing 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. 29. 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 option, 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, is first jiven 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 Coc:rt 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 pa~t. 11 30. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. 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 wa~ve this requirement when weather related circumstances prevent completion of street projects before the end of :he construction season. The Developer is responsible for maintaining said streets in a cc~dition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. The action .c 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 oromptly take legal action to enforce this Agreement shall not be a waiver cr 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 n c required. However, if the City or another governmental entity or agency 12 oetermines that such a review is needed, that the Developer shall prepare it in compliance wi~h 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 A9reement, at the Developer's request the City will execute and deliver a release to the Developer. 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. J. 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 25 of th~s 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 29 hereof, thlS determination may 13 be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to ~he 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 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 the plat as per City Code 6- 7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 29 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 29. 14 31. 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: Tim Giles Pine Ridge of Farmington, LLP 8343 210th Street West Lakeville, MN 55044 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 15 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: John F. Erar, City Clerk/Administrator DEVELOPER: pine Ridge of Farmington, LLP By: Timothy Giles Its: President Drafted by: City of Farmington 325 Oak Street Farmlngton, Minnesota 55024 \612) 463-7111 16 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 Clerk/Administrator, of ,-he C~ty 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 19____ by , the of Pine Ridge of Farm~~gton, a limited liability partnership under the laws of Minnesota, on behalf of the corporation. Notary Public 17 EXHIBIT A LEGAL DESCRIPTION PINE RIDGE FOREST The West 26 acres of the S 1/4 of the NE 1/4 of Section 14, TWP 114, R20W, Dakota County, Minnesota. Subject to easements of record. That part of the NW 1/4 of Section 14, TWP 114N, R20W of the Fifth Principal Meridian, Dakota County, Minnesota, according to the Government Survey thereof described as follows: Beginning at the SE cor of said NW 1/4; thence on an assumed bearing S 89D 45M 37S W, along the S line of said NW 1/4 a distance of 298.00 ft; thence N 02D 58M 09S E a distance of 657.88 feet; thence N 89D 43M 12S E a distance of 265.00 feet to the E line of said NW 1/4; thence S OOD 05M 38S W, along said E line, a distance of 657.05 feet to the beg~nning. Subject to easements of record, if any. Also together with Outlot C, Nelsen Hills Farm 4th Addition Also together with Outlot A, Nelsen Hills Farm 5th Addtion 18 PRO P 0 SED RESOLUTION APPROVING DEVELOPMENT AGREEMENT - Pine Ridge Forest - Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 5th day of May, 1997 at 7:00 P.M.. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to a resolution of the City Council the Pine Ridge Forest Addition preliminary plat was approved contingent upon, among other things, the signing of a development agreement; and WHEREAS, a development agreement 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 Sanitary Trunk Sewer Area Park Dedication $1,343,550.00 $ 89,788.53 $ 49,608.19 credit to developer $ 23,567.08 $ .00 and NOW, THEREFORE, BE IT RESOLVED that: 1. The aforementioned developer's agreement, 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 agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of May, 1997. Mayor Attested to the ____ day of May, 1997. SEAL Clerk/Administrator /O~ TO: Mayor, Councilmembers, City Administrator~ FROM: Ken Kuchera, Fire Chief SUBJECT: Response to Citizens Concerns Fire Response East of RR DATE: May 5, 1997 INTRODUCTION At the April 21st Council meeting, a concern was raised regarding fire emergency response time east of the railroad tracks. DISCUSSION Blockage of crossings by trains does happen and will continue to happen. Occasionally, delays in emergency response have occurred because of the blockage. Prior to the construction of the present Fire station on Denmark Avenue, the delay was experienced on calls on the west side of the tracks, now the delay is experienced on calls on the east side. These delays have been anticipated and provisions have been made to deal with them. Via radio communication from Fire Department personnel, trains are notified of emergency situations and that a crossing is blocked. In the event a blockage continues after this communication, Department personnel also have the option of contacting C.P. Rail System to have the train moved. The only solution which would be certain to resolve this problem would be the construc~ion of a satellite station on the east side of the tracks. Consideration has been given to housing some equipment at City Hall, however, I do not believe this to be a practical solution for the following reasons: maintaining partial equipment and gear in two locations would be inefficient; storage space at City Hall is not adequate; Department personnel would still need to get to the east side of the tracks to respond. Our ISO (Insurance Service Office) rating is affected by response time and hydrant placement and indicated a need for a satellite station on the north side of the City due to continued population growth. A station may be constructed on the new water tower site. If 195th Street is constructed between Pilot Knob Road and Highway 3, another ~oute to the east from this north station would be opened. CitlJ of FarminlJton 325 Oak Street. Farmint}ton/ MN 55024 · (612) 463.7111 · Fa~ (612) 463.2591 ACTION RECOMMENDED No action is recommended at this time, however, Council may wish to consider authorizing a fire protection needs study for the City. Ideally, complete coverage for all areas within our fire response area would be provided by three stations, one of which would be on the east side of the railroad tracks. ~~:z:mitted' Ken Kuchera ~ Fire Chief FD3 TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Train Whistles DATE: May 5, 1997 Citizen complaints concerning the blowing of train whistles during the early morning hours has been to my attention by Mayor Ristow. This issue, while not new, has been experienced by many communities where residents have been awakened during the middle of the night to what many have described as excessive whistle blowing at railroad crossings. DISCUSSION I have contacted several communities for information including my former city, where this issue has been under review. At this date, I am still awaIting information on contact persons at the Federal Railroad Administration and at Congressman Luther's office. The issue of train whistles or more precisely the authority of the railroad to exercise their rights when approaching a railroad crossing has been a topic for local governments for many years. Ostensibly, federal law provides that railroad conductors/operators have the right, when in their judgement and discretion, the safety of pedestrians and motorists is in question to blow warning whistles when approaching crossings. This right has been challenged, but essentially remains intact when weighed against public safety considerations. It is suggested that this issue be brought back to Council when additional information is received. BUDGET IMP ACT None. ACTION REQUESTED For information only. Respectfully submitted, /&~~ /John F. Erar Citv Administrator CitlJ of FarminiJton 325 Oak Street. Farmintjton, MN 5502~ · (612) ~63.7111 · Fair (612) ~63.2591 IOe- TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Annual League of MN Cities Conference Attendance DATE: May 5,1997 INTRODUCTION The annual League of MN Cities Conference is scheduled to be held in the city of St. Cloud from June 10-13, 1997. DISCUSSION This annual conference provides a variety of useful information on topics and issues affecting city government, including economic development, programming, legislative changes affecting local government, technology, and responding to changing community dynamics. BUDGET IMP ACT Costs for conference attendance are determined by the date of registration and whether attendance will be for the full conference or mini-conference. Early registration deadline is May 9th, with the cost for full attendance at $245 or mini-conference (one day) at $115. In addition, housing reservations need to be made as soon as possible subject to availability. There is approximately $1,165 available in the 1997 Budget for conference attendance. ACTION REOUESTED If Council members are interested in attending this conference, please contact Mary to make your registration and housing arrangements. Respectfully submitted, ij,4.1. ~ .JOhn F. Erar tity Adrninistrator I CitlJ. of FarminfJton 325 Oak Street. Farminf/ton, MN 5502~ · (612) ~63-7111 · Fax (612) ~63-25~