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AGENDA
CITY COUNCIL
WORltSHOP
JUNE 10, 1996
7:00 P.M.
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1. Call to Order
2. Park Projects
3. Ames Construction Mineral Extraction Permit
4. East Parmington 2nd Addition Developer Agreem81'J.t
5. Central Maint81'J.aDce Pacility - Review of Sites
6. City Street Lights
7. Size Limit Recommendations for Detached Acces.ory
Buildings
8. Adj oum
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TO:
Mayor, Council members
City Administrator~
FROM:
James Bell, Parks and
Recreation Director
SUBJECT:
Park Projects
DATE:
June 10, 1996
INTRODUCTION
Review of Park Projects being proposed by the Parks and Recreation commission.
DISCUSSION
The Parks and Recreation Advisory Commission (P ARAC) has been meeting with staff
for the past year to discuss various future park projects. The P ARAC has indicated a
desire to meet with Council to discuss these projects. The criteria and method of
selecting the projects were as follows:
· Members and staff toured all the parks and facilities.
· Members and staff created their own idea and vision list for the parks.
· These were discussed at various meetings and a consensus of what the commission
would like the park system to be in the coming years.
· A list of all park improvements was compiled.
· Each member then submitted their three choices for park improvements.
· The results were compiled to set priorities.
The priorities and ideas were discussed and a final consensus of the priority list was
reached and submitted to Council at this time.
The estimates on the attached list of projects was compiled by staff from catalogs, trail
costs within the city and ballfield projects in Lakeville and Eagan. These costs will have
to be verified with engineering and the City consulting firms.
BUDGET IMPACT
The budget impact of these projects will be discussed at the Council workshop. Staff will
provide options on various funding levels for these projects.
~
Citlj. of FarminlJ.ton 325 Oak Street · FarminfJton, MN 5502~ · (612) ~63.7111 · Fa/( (612) ~63.2591
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ACTION REQUESTED
1. Council direction on identifying and prioritizing proposed park projects.
2. Decision on time frame and direction on moving forward with referendum.
3. Decision on engaging a consultant, city engineering and fmanciaI advisor to prepare
designs, bond issuance and verification of costs.
Respectfully submitted,
,J.- ~1~~
James Bell
Parks and Recreation Director
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PARAC Proiects
bv Priority
1-Playground Update
2-Neighborhood Park
3- Trails-Asphalt
4-Trails-Ag. Lime
5-Farm. Preserve
6-Ballfield Complex
7 -Ice Rink Complex
8-Wading Pool
9-Ramb. River Fields
10-M. School Rinks
PARK PROJECTS
BY PRIORITY
Description of Improvements
Estimated
Costs*
Add new equipment to existing park
$128,144
Park Construction
$403,705
Main Trail Construction
$191.596
Alternate Trail Construction
$59.964
Preserve Area Construction
$404,363
195 tho St. Ballfield Construction
$1,329,844
North End Ice Rink Construction
$69,695
Shallow Wading Pool Construction
$170,950
Add Amenities to Existing Fields
$63,120
Add Sewer and 3 rd. Rink to site
$60,490
* Costs include sales tax and 25% for contingency, legal and administrative expenses.
Cummulative
Totals
$128,144
$531,849
$723,445
$783,409
$1.187,771
$2,517,615
$2,587,310
$2,758,260
$2,821,380
$2,881,870
3
TO:
Mayor, Councilmembers and City
Administrator ~
FROM:
Thomas J, Kaldunski, P.E.
Director of Public Works/City Engineer
SUBJECT:
Ames Construction -- Mineral
Extraction Permit
DATE:
June 10, 1996
INTRODUCTION
The City of Farmington received an application for a Mineral Extraction Permit from Ames
Construction for the CSAH 50 reconstruction project. The City Council has conducted a public
hearing on the permit and directed staff to prepare a list of conditions for the permit.
DISCUSSION
Mineral Extraction Permits are covered by Section 3-22 of the City code. The permit being
considered for Ames Construction shall meet all requirements of this code. In addition, the
following specific conditions shall be required;
1. The contractor shall provide a $90,000 bond as surety that all work will be in compliance with
this Mineral Extraction Permit.
2. A fee of $500.00 shall be required for the 1996 permit. If the extraction site is not completely
restored prior to 12/31/96, the contractor will need to review the permit for 1997.
3, The operator of this extraction site shall meet all applicable safety regulations of OSHA.
4. The contractor shall be required to name the City of Farmington as an additional insured party
in its policy for the project and provide the City with a copy of this insurance.
5. Only clean fill can be used in the filling of the mineral extraction site. All materials shall be
compacted in lifts to a 95 % proctor density to provide an engineered fill as outlined by the
contractor's engineer, J.R. Hill and Assoc., to ensure the site is suitable for future development
along CSAH 50, Test results shall be copied to the City Engineer for information only.
6. The contractor shall be required to control dust and noise on the site in accordance with its
contract with Dakota County Highway Department and as directed by the City Engineer's
office,
7. The hours of operation shall be Monday through Friday, from 7 AM to 7 PM and Saturdays
from 7 AM to 5 PM, No operations are allowed on Sundays.
8. The operators shall post signs warning traffic whenever trucks are hauling onto existing
pavements.
Citlj. of FarmintJton 325 Oak Street · Farmini}tonl MN 5502~ · (612) ~63. 7111 · Fa/( (612) 463.2591
9. Burying of debris, asphalt, concrete, etc., shall not be permitted in accordance with local, state
and federal regulations.
10. A minimum 30 foot setback is required from the existing utility poles along CSAH 50 and any
property lines or right of way lines of Fairgreen Avenue.
11. The contractor shall not remove any materials below an elevation two feet above the normal
groundwater levels.
12. The existing topsoil shall be salvaged to the greatest extent possible and respread over the site.
The final grade shall be restored to the pre-existing elevations and the normal drainage patterns
shall be maintained.
13. The contractor shall be responsible for any damages that occur to existing streets through the
hauling of the material extracted. All repairs shall be done as directed by the City Engineer.
14. The contractor shall provide the City with monthly reports that identify the quantity of
materials removed and/or placed in the excavation.
15. The contractor will reimburse the City for its engineering review and subsequent inspections as
billed by the City's Finance Department.
16. The contractor is required to utilize erosion control practices as directed by the City Engineer.
A gravel entrance pad shall be required whenever earth moving equipment exits the extraction
site and enters onto existing pavements
17, The site shall be revegetated and/or returned to normal farming practices as soon as practical.
18. The contractor is required to provide temporary safety fencing around all excavation pits to
ensure public safety.
RECOMMENDATION
It is recommended that the City Council approve the Mineral Extraction Permit for Ames
Construction subject to the conditions listed in this memo.
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Director of Public Works/City Engineer
cc: file
Wayne Henneke
Charlie Tooker
TJK
Ron Ames, Ames Construction
Jim Hill, S.R., J.R. Hill & Assoc.
Dave Everds, Dakota County Highway Department
Bernard Murphy, property owner
TO:
Mayor, councilmemb7fh
City Administrator~
1
FROM:
Charles Tooker
City Planner
SUBJECT:
East Farmington 2nd Addition
Developer's Agreement
DATB:
June 10, 1996
INTRODUCTION
There is agreement between Sienna Corporation and Budget Oil for the purchase of
the right-of-way necessary to complete the east frontage road interchange at
Larch Street as required by MnDOT, The City Attorney has drafted a separate
agreement between the City and Budget Oil that addresses the expectations of
both parties.
DISCUSSION
The agreement between Budget Oil Company and Sienna Corporation addresses
compensation for additional right-of-way and elimination of direct access to
Highway 3. It also identifies correction of drainage problems along the
frontage road, construction of the frontage road and provision of necessary curb
cuts for use by Budget Oil Company. The costs associated with all of the above
are to be paid in the same manner as the improvements to Spruce Street in the
First Addition which assigned all costs associated with the frontage road and
one half of the costs of median improvements to Sienna Corporation. This is
outlined in paragraph 21 of the Developers Agreement.
The issue of retention of a pylon sign in the triangular parcel needed for the
Larch Street interchange is being handled by a separate agreement, drafted by
the City Attorney. It allows Budget Oil to erect a sign on a small square
within the triangle of land being conveyed and outlines the mechanism for
securing this right-of-way. In the agreement, the City agrees to provide
upfront compensation to Budget Oil for the right-of-way and closure of its
direct access to Highway 3. This, in turn, will be assessed against the
frontage road improvements that are the responsibility of Sienna Corporation as
outlined in the Developer's Agreement.
The final issue dealing with drainage on the east property line of Budget Oil
will be handled by a storm sewer being constructed within East Farmington 2nd
Addition.
CitlJ, of FarminlJton 325 Oalc Street · FarminiJtonl MN 55024 · (612) 463- 7111 · FilK (612) 463.2591
ACTION REQUIRED
1) Approve the execution of the development agreement and adopt a resolution
authorizing its signing, (Attachment A)
2) Enter into a separate agreement with Budget Oil which secures the needed
right of way. (Attachment B)
Respectfully submitted,
&~ tf! ft~
Charles Tooker
City Planner
PRO P 0 SED
RESOLUTION NO. R63-96
APPROVING DEVELOPMENT AGREEMENT
- East Farmington 2nd Addition -
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 lOth day of June, 1996 at 7:00 P,M..
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to Resolution No. R43-96, the City Council approved the East
Farmington 2nd Addition of the final plat and authorized its signing,
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
Sanitary Sewer Lateral Charge
Park Dedication
$ 928,880.83
$ 83,180,80
$ 37,418.55
$ 25,650,95
$ 6,942.21
$ 37,800.00
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 lOth day of June, 1996.
Mayor
Attested to the ____ day of June, 1996.
SEAL
Clerk/Administrator
Attachment A
DEVELOPMENT CONTRACT
AGREEMENT dated this 3rd day of June, 1996, by and betweep the City of Farmington, a
Minnesota municipal corporation (CITY) and Sienna Corporation, a Minnesota
corporation (DEVELOPER),
1. Re~est for Plat Approval. The Developer has asked the City to approve a plat
for East Farmington 2nd Addition (also referred to in
this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is legally
described as:
OUTLOT D, EAST FARMINGTON FIRST ADDITION
2. Conditions of Approval, The City hereby approves the plat on the condition that:
a. the Developer enter into this Agreement; and
b, the Developer provide the necessary security in accordance with the terms of
this Agreement.
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 321G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Final Soil Erosion Control and Grading Plans
Plan C - Landscape Plan (prepared by Derek Young - dated 6/25/93; revised
8/10/94)
Plan D - Zoning/Development Map
1
Plan E - Wetlands Mitigation as required by the City's Wetland Alteration
Permit approved June 14, 1994
Plan F - Final Street and Utility Plans and Specifications
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. Zonin~/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 proposed land uses; and
e. future ponds.
6. Required Public Improvements. The Developer shall install and pay for the
following:
a. Sanitary Sewer Lateral System h. Sidewalks and Trails
b, Water System (trunk and lateral) i. Site Grading and Ponding
c. Storm Sewer j. Underground Utilities
d. Streets k. Setting of Lot & Block Monuments
e, Concrete Curb and Gutter 1. Surveying and Staking
2
f, Street Signs
g. Street Lights
m. Landscaping, Screening, Blvd. Trees
The improvements shall be installed in accordance with Plans A through F, and in
accordance with City standards, ordinances and plans and specifications which have
been prepared by a competent registered professional engineer furnished to the City
and approved by the City Engineer, 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 preconstruct ion 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 containing the
following information in an Autocad Release 12 compatible format (.dwg 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 information, the City will digitize the data,
All costs associated with digitizing the data will be the responsibility of the
developer,
7. Time of Performance, The Developer shall install all required public
improvements by October 30, 1997. The Developer may,
however, request an extension of time from the City. If an extension is granted, it
3
shall be conditioned upon updating the security posted by the Developer to reflect
cost increases.
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
to the City to secure the warranties. The City shall retain ten percent (10%) of the
security posted by the Developer until the bonds or other acceptable surety are
furnished to the City or until the warranty period has been completed. whichever
first occurs, The retainage may be used to pay for warranty work. The City standard
specifications for utilities and street construction identify the procedures for
final acceptance of streets and utilities.
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,
4
Additional rough grading may be allowed upon obtaining written authorization from the
City Engineer.
If the developer needs to change grading affecting drainage after homeowners are on
site, he must notify all property owners/residents of this work prior to its
initiation,
11. Erosion Control and Fees. After the site is rough graded, but before any
utility construction is commenced or building permits
are issued, the erosion control plan, Plan B, shall be implemented by the Developer
and inspected and approved by the City. The City may impose additional erosion
control requirements if it is determined that the methods implemented are
insufficient to properly control erosion. All areas disturbed by the excavation and
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 reimburse the City for any costs of the City incurred for
such work within thirty (30) days, the City may draw down the letter of credit to pay
any costs. No development will be allowed and no building permits will be issued
unless the plat is in full compliance with the erosion control requirements.
The Developer is responsible for a $575.00 Erosion and Sediment Control fee based
upon the 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 $503.75 based
upon the number of acres in the plat,
12, Landscapin~. The Developer shall landscape the plat in accordance with Plan C.
The landscaping shall be accomplished in accordance with a time
schedule approved by the City.
5
13. Phased Development. The plat shall be developed in one (1) phase in
accordance with Plan A. No earth moving, construction of
public improvements or other development shall be done in any phase until the plat
has been filed in the County Recorder's office and the necessary security has been
furnished to the City, For purposes of this requirement, outlots shall not be deemed
to have been final platted, except for OUtlots A, Band C.
14. Effect of Subdivision Approval. For two (2) years from the date of this
Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the current urban service
area, or removing any part thereof which has not been 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 the contrary,
to the full extent permitted by State law, the City may require compliance with any
amendments to the City's Comprehensive Plan (including removing unplatted property
from the urban service area), official controls, platting or dedication requirements
enacted after the date of this Agreement any may require submission of a new plat.
15. Surface Water Mana~ement Area Fee. The Developer shall pay an area storm water
management charge of $85,780.80 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., The Developer shall receive a credit of
$2,600.00 for sto~ sewer oversizing which reduces the surface water management fee
to a total of $83,180.80.
6
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 $37,418.55 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.
18. Sanitary Trunk Sewer Area. The Developer shall pay a sanitary trunk sewer area
charge of $25,650.95 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. Sanitary Sewer Lateral Charge. The Developer shall pay a sanitary sewer lateral
charge of $6,942.21 for the plat in lieu of the property paying a like assessment at
a later date. The charge shall be assessed against Outlot Q in East Farmington 1st
Addition for the utilities in 11th Street from the south line of the NE 1/4 of the SW
1/4 of Section 32 to Maple Street over a ten (10) year period with interest on the
unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
7
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.
20. Park Dedication. The Developer shall pay a park dedication fee of
$37,800.00 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.
21, Trunk Highway 3 Access, The City agrees to construct the improvements to Trunk
Highway 3 (TH 3) and the access to Larch Street as depicted on attached Exhibit A.
The improvements include closure of direct access to TH 3 from both Budget Mart and
Maple Street, The City shall assess one hundred percent (100\) of the cost of the
east frontage road and fifty percent (50\) of the median road improvements against
the plat, as determined by the City Engineer. The assessments shall include a
prorata share of the administrative, planning, engineering, capitalized interest,
legal, land acquisition and bonding costs. The assessment shall be deemed adopted on
the date this Agreement is signed by the City. The assessments shall be spread over
a ten (10) year period with interest on the unpaid balance calculated at eight
percent (8\) per annum. 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.
8
22. Sealcoating. In lieu of assessing sealcoating three years from completion of
the road construction, the Developer agrees to pay a fee of
$5,193.08 for initial sealcoating of streets in the plat, This fee shall be
deposited in the City Road and Bridge Fund upon execution of this Agreement.
23, GIS Fees, The Developer is responsible for a Government Information System fee
of $1,950.00 based upon the number of lots within the subdivision.
24, Easements. The Developer shall provide emergency access easements within thirty
(30) days to Outlots B and C for police, fire, rescue and other
emergency calls as well as easements to provide corner lot access to these same
outlots. The easements are illustrated on Exhibits B, C, D and E.
25. 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.
26. 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.
27. 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 es~row, irrevocable letter of credit, or alternative security
9
acceptable to the City Administrator, from a bank (security) for $928,880.83. 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 30, 1997. The term
of the security may be extended from time to time if the extension is furnished to
the City Administrator at least forty-five (45) days prior to the stated expiration
date of the security. 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
City may draw down the security, without prior notice, for any violation of this
Agreement. The amount of the security was calculated as follows:
Grading/Erosion Control
Sanitary Sewer Lateral
Water Main
Storm Sewer
Street Construction
$ N/A Monuments $ 15,600.00
$133,278.73 St. Lites/Signs $ 22,950.00
$178,128.32 Blvd. Trees $ 36,800.00
$109,875.78 Blvd. Sodding $ 8,182.22
$367,138.78 Wetland Mitigation $ N/A
Two Years Principal and Interest on Assessments $56,927.00
This breakdown is for historical reference; it is not a restriction on the use of the
security.
28. 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.
10
C, The Developer shall reimburse the City for costs incurred in the enforcement
of this Agreement, including engineering and attorney's fees,
D. The Developer shall pay in full all bills submitted to it by the City within
thirty (30) days after receipt. If the bills are not paid on time, the City may halt
all plat development work until the bills are paid in full. Bills not paid within
thirty (3) days shall accrue interest at the rate of eight percent (8\) per annum.
29. 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.
30. 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.
31. 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 given written notice of the work in default, not less than 72 hours in advance,
This Agreement is a license for the City to act, and it shall not be necessary for
the City to seek a Court order for permission to enter the land. When the City does
any such work, the City may, in addition to its other remedies, assess the cost in
whole or in part.
11
32. 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 will assure the access of emergency vehicles at all times when
such a waiver is granted.
E, The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of the
City Council. The City's failure to promptly take legal action to enforce this
Agreement shall not be a waiver or release.
F, The Developer represents to the City, to the best of its knowledge, that the
plat is not of "metropolitan significancen and that an environmental impact statement
12
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 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 27 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
13
Agreement, Subject to the provisions of paragraph 31 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.
33. 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:
Rodney D, Hardy, Vice President
Sienna Corporation
Suite 608
4940 Viking Drive
Minneapolis, MN 55435
Notices to the City shall be in writing and shall be either and delivered to the City
Administrator, or mailed to the City by certified mail or registered mail in care of
the City Administrator at the following address:
John F. Erar
City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
14
CITY OF FARMINGTON
SIGNATURE PAGE
By: Eugene "Babe" Kuchera, Mayor
By: John F. Erar, City Administrator
DEVELOPER: Sienna Corporation
By: Its
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota
(612) 463-7111
55024
15
STATE OF MINNESOTA)
(ss,
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of
19_ by Eugene "Babe" Kuchera, Mayor, and by John F. Erar, City Administrator, of
the City of Farmington, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by the City Council,
Notary Public
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of
19____ by , the of
corporation under the laws of Minnesota, on behalf of the corporation.
, a
Notary Public
16
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612 890 6244 P,02/05
EXHIBIT B
BLOCK 2t
EAST FARMINGTON 2ND ADDITION
EMERGENCY AND PUBLIC ACCESS EASEMENTS
JUNE 5, 1996
SCALE : 1 INCH
60 FEET
ANGLE POINT STREET ANGLE POINT
LOT 1, BLOCK 2 LOT 11, BLOCK 2
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Ja.mes R. Hill, Inc.
JUN-05-1996 16:18
JAMES R HILL. INC,
EXHIBIT C
612 890 6244 P,03/05
BLOCK 3,
EAST FARMINGTON 2ND ADDITION
EllERGENCY AND PUBUC ACCESS EASEMENTS
JUNE 5, 1996
SCALE : 1 INCH
"1---.---.-----:.
ANGLE POINT
LOT 1, BLOCK J
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JUN-05-1996 16:18
J~S RHI LL-; IN(:,
612 890 6244 P,04/05
EXHIBIT D
BLOCK 6,
EAST FARMINGTON 2ND ADDITION
EMERGENCY AND PUBLIC ACCESS EASEMENTS
JUNE 5, 1996
SCALE : 1 INCH = 60 FEET
LOCUST
STREET
SW CORNER OF
LOT 13, BLOCK 61
SE CORNER OF
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1 13
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JUN-05-1996 16:18
JAMES R HILL, INC,
612 890 6244 P:05/l?l5
EXHIBIT E
BLOCK 7,
EAST FARMINGTON 2ND ADDITION
EMERGENCY AND PUBUC ACCESS EASEMENTS
JUNE 5. 1996
SCALE : 1 INCH = 60 FEET
LOCUST
STREET
SE CORNER OF
LOT 1. BLOCK 7
SW CORNER OF
LOT 13. BLOCK 7
12
EWERGENCY
ACCESS EASEMENT
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TOTAL P. 05
JUN- 6-96 THU 9:31
GRANNIS LAW OFFICE
Attachment B
~~ ~ \1 ~
AGRBBMBN'1'
This Agreement made and entered into this
day of June,
1996, by and between the City of Farmington, a Minnesota munioipal
corporation ("City") and Budget Oil Co., a Minnesota corporation
("Budget Oil").
WHEREAS, Budget Oil is the owner o~ property located in the
City legally described on the attached Exhibit A (the "Property");
and
WHEREAS, the City is oontemplating improvements to the east
frontage road adjacent to Highway 3 and the construction of Larch
Street so that it will intersect with Highway 3.
NOW, THEREFORE, for good and valuable consideration, the
parties agree as follows:
1. Budget Oil shall grant the City a permanent easement for
public street and utility purposes over property designated as
"RIGHT-OF-WAY TO BE ACQUIRED" on the attached E:xhibit B. The form
of easement to be executed is attached to this Agreement as Exhibit
C. The legal description of the Easement will be prepared by the
City after it has the easement surveyed.
2. Budget Oil agrees that the City or State of Minnesota may
permanently close its existing direct access to Highway 3 from the
east frontage road as shown on Exhibit D.
3. The City shall allow Budget oil, at its cost, to
construct and maintain a sign on the easement; provided the sign
shall comply with the City'S sign ordinance.
(o\~~~
~~
JUN- 6-96 THU 9:32
GRANNIS LAW OFFICE
FAX NO. 6124552359
P.03 .
rn~d~~V
4. The City shall pay $40,000 to Budget Oil, $20,000 for the
easement and $20,000 as compensation for the elimination of Budget
Oil's direct access to Highway 3. This amount shall be paid at the
time Budget oil e~ecutes the easement.
5, The City shall construct and pay all costs of closing
Budget Oil's primary access to Highway 3, closing the access from
Maple Street to Highway 3, construction of the Larch Street
intersection, reconstruction of the frontage road, construction of
curb cuts, and related storm water drainage improvements as shown
on the attached Exhibit D.
6. The City shall grant to Budget Oil the necessary approval
to enable it, at its cost, to hook into the storm sewer located
adjacent to its eastern property line within 30 days of the date of
this Agreement.
7. This Agreement 1s contingent upon the execution of a
development agreement by the City and Sienna Corporation for East
Farmington 2nd Addition.
IN WITNESS WlmREOF, the parties hereto have executed this Agreement
the day and year first above written.
Budget Oil, Co.
City of Farmington
By: Michael L adens, President
By: Eugene "Baben Kuchera, Mayor
By: John F. Erar, Administrator
[ID[2lA\~V
, , JUN- 6-96 THU 9: 33
GRANNIS LAW OFFICE
FAX NO, 6124552359
P. 04
STATE OP MINNESOTA }
) BS.
COUNTY OF DAKOTA )
~~~\?\\
The foregoing instrument was acknowledged before me this ___
day of June, 1996, by Michael L, Odens, the President of Budget Oil
Co., a Minnesota corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA }
The foregoing instrument was ackno~ledged before me this ____
day of June, 1996, by Eugene "BabeM Kuchera, Mayor, and by John
F. Erar I City Administrator, of the City of Farmington, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to
the authority granted by the City Council,
Notary Public
THIS INSTRUMENT DaAFTED BY;
GRANNIS & GRANNIS, P.A.
412 Southview Boulevard
Suite 100
South St. paul, MN 55075
(612) 455-1661
\~ ~
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JUN- 6-96 THU 9:33
GRANNIS LAW OFFICE
FAX NO. 6124552359
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EXHIBIT B
JUN- 6-96 THU 9:34
GRANNIS LAW OFFICE
FAX NO, 6124552359
P.06
~~~~\&
Exhib;f C
BASJDmNT
THIS INDENTURE made this day of June, 1996, by and
between Budget oil Co., a Minnesota corporation, hereinafter
referred to as "Grantor- and the CITY OF FARMINGTON, a municipal
corporation organized under tbe laws of the State of Minnesota,
hereinafter referred to as .City".
WITNESSETHt
The Grantor in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration to Grantor in
hand paid by the City, the receipt and sufficiency of which is
hereby acknowledged, does hereby grant and convey to the City,
its successors and assigns, forever, a permanent easement for
public street and utility purposes over, across, on, under and
through land situated within the County of Dakota and State of
Minnesota, described on Exhibit nAN attached hereto and made a
part hereof.
The foregoing not withstanding, Grantor reserves the right
to construct and maintain a sign on the easement as approved by
the City.
Including the rights of the City, its contractors, agents,
servants and assigns, to enter upon the easement at all
reasonable times to construct, reconstruct, inspect, repair and
maintain a public street and utility system over, across, on,
under and through the permanent easement premises, that together
with the right to grade, level, fill, drain, excavate, and pave
the easement premises, and the further right to remove trees,
[ffJmf}J~V
JUN- 6-96 THU 9:35
GRANNIS LAW OFFICE
FAX NO. 6124552359
P. 07 .
[IDrn&~v
bushes, undergrowth And other obstructions interfering with the
location, construction and maintenance of said public street and
utility system.
The above named Grantor, for itself, its sucoessors and
assigns, does covenant with the City, its succeSSOrs and assigns,
that it is well seized in fee title of the above described
permanent easement premises and has the sole right to grant and
convey the permanent easement to the City.
IN WITNESS WHEREOF, the Grantor hereto has signed this
Easement the day and year first above written.
Budget Oil Co.
By: Miohael
L~~~~ ~s1dent
STATE OF MINNESOTA }
)
COUNTY OF DAKOTA )
ss.
The foregoing
day of
Budget Oil Co.,
corporation.
instrument was acknowledged before me this ____
, 1996, by Michael L. Odens, the President of
a Minnesota corporation, on behalf of the
Notary Public
TH!S INSTRUMENT DRAFTED BY:
GRANNIS & GRANNIS, P.A.
412 Southview Boulevard
Suite 100
South St. Paul, MN 55075
(612) 455-1661
2
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J'UN-0S-1996 eelS1 FROM CITY OF FAR.'11NtiTCN TO 4I5S2359 P.B2
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9E:6 nHl 96-9 -Nnr
5
TO: Mayor, Councilmembers,
City Administratorf!-
FROM: James Bell, Parks and
Recreation Director
SUBJECT: Central Maintenance Facility
DATE: June 10, 1996
INTRODUCTION
Review of sites discussed previously by Council are presented below.
DISCUSSION
The seven sites the Council requested staff to evaluate are completed for Council review,
Comments on each sites advantages, disadvantages and costs follows on separate pages.
Please note that each site identified will require site improvements such as grading,
landscaping, utilities, pavement and street access.
BUDGET IMPACT
Acquisition site costs for privately held properties could range in the area of $15,000 to
$17,000 per acre. Relative to the study prepared by CNH Architects, a site of 15 acres or
more is highly desirable for existing and future public works, tire and parks/recreation
needs.
ACTION REQUESTED
1) Council direction on three preferred sites is requested, with conversation on a
campus-style approach in considering site development.
2) Direction on negotiating these sites for acquisition,
3) Time frame considerations,
Respectfully Submitted,
,J~'1~~
J ames Bell
Parks and Recreation Director
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Site A
County Maintenance Shop - Highway 5
Adyantages
. Property is owned by the County. Unknown if County is willing to share
property,
. Located on County Road 50 which provides direct access to highway,
. Site does have access to sewer and water.
. Zoned 1-1.
. Adjoining Peterson and Hammer property, which is flat farmland that
could provide additional acreage with additional costs.
. Water table is at 6 feet per soil survey of Dakota County maps,
Disadvantages
. 10 acre site, but the County uses at least 5 acres,
. Site would need substantial grading.
. Soils on most of the unused portion of the property are not suitable for
large scale building construction. Substantial fill would be required,
_E
Costs
. Acquisition is projected to be $255,000.
. Additional expenses such as grading, street entrance, sewer and water
hookups will have to be added.
ATON, AVE
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Site B
Industrial Park - 208th St. and Eaton Ave.
Advanta~es
. Property is owned by the HRA.
. Site acreage is approximately 11 acres,
. Streets, sewer and water are available,
. Located on 208 tho St. providing direct access to highway 50,
. Zoned 1-1.
. Water table is 6 feet on front ofpropeny per soil survey of Dakota County,
. Soils on the front of the property appear to be well-suited for building construction,
Disadvanta~es
. Other potential alternative uses for the property include industrial development.
. The property has some low areas dO\'lTI to river, The water table is 1 - 4 feet on the
rear of the property, which could require dewatering.
. There could be potential mineral extraction on the site, depending on soil conditions,
. Soils on the rear portion of the sitt( are unbuildable due to high water table, Storage
only,
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. Land cost of the site is approximately $440.000.
. All utilities are readily available. therefore minimal added expenses are
projected.
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Site C
Adjacent to the Fire Hall- Denmark Ave,
Advantages
. Area is 73,1 acres of flat farmland,
. Site has City water,
. Access to an adequate road.
. Water table is 6 feet per the soil survey of Dakota County.
. Appears to have Good buildable soils per the soil survey,
Disadvantages
. Site will require sanitary sewer improvements and drainage,
. Property is located across from the High School and is zoned Rl.
. Property is owned by a potentially unmotivated seller,
. Potential prime residential development site,
. Traffic patterns are heavy on main access road - ( Denmark Ave. ) due
to school traffic,
Costs
. Acquisition estimated at $405,000, based on 1985 acquisition costs for
Fire Station,
. Additional expenses such as sewer, grading and street access will be
necessary .
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Site 0
Reservoir site adiacent to new Pilot Knob Road
Ad vanta~es
. Located on a major new highway 31.
. No neighbors to deal with at this time,
. The site is 130 acres of undeveloped rolling farmland.
. The zoning is R1,
. Potential water tower site, which would provide an opportunity for a
campus - style facility including other City functions,
. Water table is 6 feet per soil survey of Dakota County,
. Soils appear good for this type of development.
Disadvanta~es
. Street, water and sewer not available at this time.
. Land would need additional grading.
. Property is owned by an unmotivated seller.
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. Acquisition costs are estimated to be $255,000.
. Additional expenses such as grading, street. sewer and water will be necessary.
. The \Vater Board may be willing to look at ajoint purchase of this property if City
would have interest in acquiring property.
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Site E
Reservoir site adjacent to 195th St.
Advantaies
. Located on a major highway 195th St.
. Water and sewer are not available at his time. but \vater is located across the street.
. The zoning is R1,
. Potential water tower site, which would provide an opportunity for a campus -
facility.
. Water table is 6 feet per the soil survey of Dakota County,
. Soils appear good for development.
Disadvanta~es
. Close to residential properties and is another residential site.
. The site is undeveloped rolling farmland with a wetland to the east.
. The 160 acre site owned by GennStar, \vho is an unmotivated seller.
. Sewer connection must be made from the south due to topography,
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. Acquisition is estimated to be $255,00.
. Additional expenses such as sewer, street access and grading are necessary,
. Water Board may be willing to look at ajoint purchase of this propeny if City would
have interest in acquiring propeny,
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Site F
Adjacent to County 31 and 208 tho St.
Advantages
. Located west of the intersection of County Road 31 and 208 th, 81.
. Water and sewer are available,
. Zoning is 1-1.
. Close to present industrial park,
. The 20 acre site owned by Babe Murphy, is flat farmland between a
small river and the gas plant.
Disadvantages
. Portions of the site contains wetlands and the water table is 1 - 4 feet,
possibly requiring extensive dewatering costs.
. The majority of the property is unbuildable for this type of facility based
on soil survey of Dakota County,
. 208 th, St. would need to be extended west of Akin Road - additional
cost would be incurred.
Costs
. Acquisition is estimated to be $255,000.
. Additional expenses will be 208 th, St., grading and street access.
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Site G
Comer of Denmark Ave. and Hi~hwav 50.
Advanta~es
. The Stella Hammer property on the southwest comer of the intersection,
. The west portion is slightly rolling farmland.
. Total acreage is 64.96 acres
. Sewer and water are available.
. The City will own the ponds as part of the County Road 50 project.
. Zoned 1-1.
. Soils on most of the site are buildable per the soil survey of Dakota County,
. Water table is 6 feet on most of the site per the soil survey,
Disadvanta~es
. The east portion is quite low with wetlands and the river adjacent to it.
. The soils in this east portion of low wetlands are unbuildable and the water table is
high based on the soil survey,
. Access on highway 50 might be limited to right exit only onto the highway.
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. Acquisition costs are estimated to be $255,000.
. Additional expenses will be street access and grading.
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POTENTIAL LOCATIONS FOR CENTRAL MAINTENANCE FACILITY
APRIL 1996 0 I 5,0 I I I
1000 2000 3000
SCALE
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PROPOSED FACILITY SITES
-
SRP 8-8-95 [JA Y66 \c:\Mo.ps\city\ thorfo.re.dwgJ
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EXISTING MINOR ARTERIAL
- - - PROPOSED MINOR ARTERIAL
EXISTING COLLECTOR
- - - PROPOSED COLLECTOR
EXISTING MINOR COLLECTOR
- - - PROPOSED MINOR COLLECTOR
CITY OF FARMINGTON
TRANSPORTATION PLAN
Ie
TO: Mayor, Councilmembers
City Administrator~/~
FROM: James Bell, Parks and
Recreation Director
SUBJECT: City Street Lights
DATE: June 10, 1996
INTRODUCTION
Council directed staff to research the street light policy in the new sub-divisions.
DISCUSSION
Staff has researched the street light policy in the new areas of the City. The street lights
that are being placed in these areas are locally made and of higher quality than those
normally installed by the utility companies in other cities. This quality and design was
proposed by staff, and approved by council to provide a upgraded, aesthetic look in new
sub-divisions in 1994.
The contract between Dakota Electric and the City is attached. The City is financially
responsible for any acts of vandalism or damage to this specific type of City street light.
With respect to the standard Dakota Electric street lights, the City is not responsible for
any replacement costs due to damage or vandalism.
BUDGET IMP ACT
The impact to the budget if vandalism occurs is the cost of the pole and fixture. The
following costs are associated with the poles:
. Dakota Electric's standard street light installation.
. City decorative residential fixture.
$900
$1,575
The cost difference between the different poles is $675. Staffhas researched the files for
any acts of vandalism on any light poles and fixtures. One fixture was damaged at
Riverside Addition and staff was able to recover the city's cost. Another base was
damaged by the contractor's sod crew on the Oak St. project an it was replaced by the
contractor.
ACTION REQUESTED/RECOMMENDA TION
Council direction on the continued use of the upgraded fixture and poles in the city's
residential areas as specified in the City's Street Light Plan.
Respectfully submitted,
,J~ 1J.J C- 6 ~
James Bell
Parks and Recreation Director
12/15/94 13:19
FAX 612 463 6314
DAK ELEC ASSN
~002
. ~ I .
Residential Street Lighting Agreement
This agreement is made and entered into this 1st day ofNovember, 1994 between the City
ofFamDngton, a Minnesota IDIJlIicipal corporation (hereinafter "City"), and Dakota
Electric Association, a Minnesota Cooperative Corporation, (hereinafter fl))EA"
. .
WHEREAS. the City wishes to have installed and provide resideotial street lighting that is
a IInon standard" type to DEA, the parties agree to the following terms and conditions;
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1. The poles shall be:
Lexington Standard Corporation .Coluinbus. series 14 foot decorative type in TenD.is
Green set on screw-in type anchor bases.
.2. The fixture shall be:
100 Watt Holophane Granville acorn style fixtures in Dark Green or equivalent.
3. The installation shall be done by DEA utilizing standard construction material and
methods.
4. All street lighting equipment shall remain the property ofDEA
5. DEA will provide the energy, routine maintenance and normal repair oftbe system for a
monthly fee as established in applicable rate schedules.
,_."...6_.,_ The City will c.Qm~nsate DEA for all repairs and rep~ Qt: ~~~~~! ~ _acts_~t __
vandalism and breakage by vebicles or others. .
70 The City. at it's discretion and with concurrence from DBA, may order the repainftng or
refurbishing of equipment at it's expense.:
8. Installation costs for new residential subdivisions will. be calcu1ated for each years
cOnstruction seasOn aWl remain in effect for that construction season.
a. Installation cost for lights being installed in new residential subdivisions will be
billed to the developer of these projects.
bo If payment is not made by developer, the City shall guarantee paymeiIt to DBA via
their bonding process with the developer,
12/15/94 13:19 FAX 612 463 6314
DAK ELEC ASSN
141 003
. I I .
----..-....
9. Installation cost for all other projects will be calculated on an individual basis.
a The City shaD. submit a written request to DEA for an estimate of~~n coSt
for each specific project.
10.
Requested changes to this agreement by either party must be provided in writing to the
other party 60 days prior to the proposed effective date of the requested change. Upon
agreement by both parties, changes may be implemented.
City of Farmington
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Dated this .3 day of flu ~
.19Jf
FROM:
Mayor, councilmemb~
City Administrator I
Karen Finstuen
Administrative Assistant
1
, J I
TO:
SUBJECT:
Size Limit Recommendations
for Detached Accessory
Buildings
DATE:
June 10, 1996
INTRODUCTION
Recent questions about maximum size limits for accessory buildings, storage
sheds and garages lead to a survey of the requirements of five nearby
communities. The results of that survey and staff recommendations are intended
as the starting point for a Council workshop discussion.
DISCUSSION
. The survey shows Farmington is the most conservative of the five cities with
respect to height limits on storage sheds. Permitted heights range from 15
feet to a height equal to the principal use. Staff believes that the
existing limit of9 feet is too restrictive based upon the height of sheds
that can be purchased either in kit form or ready built. Staff does
believe, however, that storage sheds and garages should not dominate the
residential landscape. A range of sizes was discussed but staff believes
that most concerns raised by residents can be satisfied by increasing the
height limit of sheds in all districts, other than agricultural, to a
maximum of 12 feet.
. Currently, the zoning code limits the size of detached garages/accessory
structures to 800 square feet, with the option of requesting a conditional
use to increase the maximum by another 200 square feet. This has not been a
satisfactory approach to the problem of oversized garages. If someone
cannot live without 1000 square feet for storage, the Planning Commission
reviews the request and renders a decision based on need. The cost of the
required public hearing also places an unnecessary burden on property
owners. However, staff. does believe that garage structures larger than the
floor area of the associated house tend to reduce property values in the
neighborhood, and change the nature and character of the neighborhood.
. None of the five responding communities allow accessory storage buildings
without a principal use. The basis of this zoning requirement is that
residential neighborhoods require housing units to qualify as a
neighborhood. Garages or storage sheds built without a house create
opportunities for a change in character which could transform the
neighborhood to a mixed use business area. Staff recommends the
continuation of this requirement.
Citlj of FarminlJ.ton 325 Oak Street · FarmintJton, MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591
.. r ,
Staff recommends that the ordinance be changed to allow garages up to 1000
square feet as permitted uses, provided they do not exceed the square footage
of the principal use, This change places Farmington in the middle of the
range,
ACTION RECOMMENDED
Review the information provided and forward to the Planning Commission for
input prior to setting a public hearing to amend the Zoning Ordinance,
Respectfully submitted,
{~i~!~JL-~
Administrative Assistant
....' .-
Lakeville
Shed Height
Detached Garages
Accessory Buildings
Rosemount
Shed Height
Detached Garages
Accessory Buildings
Eagan
~hed Height
Detached Garages
Accessory Buildings
Apple Valley
Shed Height
Detached Garages
Accessory Buildings
Burnsville
Shed Height
Detached Garages
Accessory Buildings
DETACHED ACCESSORY STORAGE BUILDINGS
SURVEY OF 5 SURROUNDING COMMUNITIES
15 feet
1,100 sf, (large lots = 1,250 sf) 15 feet in height
Not Allowed
18' - City; 35' - Rural
18' High, 1000 sf - City; 35' High, 1200 sf - Rural
Not allowed without principal structure
USC - not to exceed height of principal structure
Cannot exceed 20\ of lot footprint, must be smaller than
principal structure
Not allowed unless combined lot exists (same tax ID)
16' to peak, 144 sf
750 sf, 16' High
Not allowed unless home is being planned within reasonable time
frame.
20' - Not allowed to exceed height of principal structure
1000 sf (Attached garages allowed to be as large as desired)
No