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Home My WebLink About01.17.06 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingjitture. AGENDA PRE-CITY COUNCIL MEETING January 17, 2006 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS a) HA V A Update - Administration 6. ADJOURN PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as aformal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingjitture. AGENDA REGULAR CITY COUNCIL MEETING JANUARY 17, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS . CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Ms. Ruthe Batulis, Northern Dakota Chamber 7. CONSENT AGENDA a) Approve Council Minutes (113/06 Regular) b) Approve Appointments to Boards and Commissions - Administration c) Approve Temporary On-Sale Liquor License - Administration d) Adopt Resolution - Approve Gambling Event Permit - Administration e) Acknowledge Award Order and Authorize Payment Eminent Domain Proceeding - City Attorney f) School and Conference - Police Department g) Adopt Resolution - Accept Donation Rambling River Center - Parks and Recreation h) Adopt Ordinance - Approving Solid Waste Ordinance Amendments - Parks and Recreation i) Set Council/Parks and Recreation Commission Workshop - Parks and Recreation j) Authorize RFP Community Survey - Administration k) Project Update - Fire Station #2 - Finance 1) LMC Experienced Officials Conference - Administration m) Approve LELS Contract - Human Resources n) Appointment Recommendation - Fire Department - Administration 0) Approve CDBG Allocation - Community Development p) 4th Quarter Building Report - Community Development q) Approve Bills Action Taken Information Received Approved Approved Approved R5-06 Acknowledged Information Received R6-06 Ord 006-547 February 15,2006 Authorized Information Received Information Received R7-06 Approved R8-06 Information Received Approved 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - 19Sth Street Extension to TH3 Project - Engineering b) Consider Tree Preservation Standards - Community Development 11. UNFINISHED BUSINESS a) Reconsider Liquor License Suspension - B&B Pizza - Police Department b) Adopt Resolutions - Minor Boundary Adjustments Abutting Executive Estates - City Attorney 12. NEW BUSINESS a) Consider Ordinance Amendment - Schedule of Presumed Penalties - Police Department b) Consider Policy - Snow Removal on Sidewalks Along County Roads - Engineering 13. COUNCIL ROUNDTABLE 14. ADJOURN Approved R9-06 Tabled 2/6/06 Public Hearing 2/6/06 Jt Res R10-06 Detach Res Rll-06 Prepare Schedule Obtain Licenses City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingjitture. AGENDA REGULAR CITY COUNCIL MEETING JANUARY 17, 2006 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS 1 COMMENDATIONS 6. CITIZEN COMMENTS 1 RESPONSES TO COMMENTS (Open for Audience Comments) a) Ms. Ruthe Batulis, Northern Dakota Chamber 7. CONSENT AGENDA a) Approve Council Minutes (1/3/06 Regular) b) Approve Appointments to Boards and Commissions - Administration c) Adopt Resolution - Temporary On-Sale Liquor License - Administration d) Adopt Resolution - Approve Gambling Event Permit - Administration e) Acknowledge Award Order and Authorize Payment Eminent Domain Proceeding - City Attorney f) School and Conference - Police Department g) Adopt Resolution - Accept Donation Rambling River Center - Parks and Recreation h) Adopt Ordinance - Approving Solid Waste Ordinance Amendments - Parks and Recreation i) Set Council/Parks and Recreation Commission Workshop - Parks and Recreation j) Authorize RFP Community Survey - Administration k) Project Update - Fire Station #2 - Finance 1) LMC Experienced Officials Conference - Administration m) Approve LELS Contract - Human Resources n) Appointment Recommendation - Fire Department - Administration 0) Approve CDBG Allocation - Community Development p) 4th Quarter Building Report - Community Development q) Approve Bills Page 1 Page 2 Page 3 Page 4 Page S Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 . Page 13 Page 14 PagelS Page 16 Page 17 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration Page 18 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - 19Sth Street Extension to TH3 Project - Engineering b) Consider Tree Preservation Standards - Community Development Page 19 Page 20 11. UNFINISHED BUSINESS a) Reconsider Liquor License Suspension - B&B Pizza - Police Department Page 21 12. NEW BUSINESS a) Consider Ordinance Amendment - Schedule of Presumed Penalties - Police Department b) Consider Policy - Snow Removal on Sidewalks Along County Roads - Engineering Page 22 Page 23 13. COUNCIL ROUNDTABLE 14. ADJOURN EXECUTIVE SUMMARY PROPOSAL TO CREATE ECONOMIC GROWTH COMMITTEE The Economic Growth Committee would serve as an advisory body to the City Council of Farmington for the purpose of assisting in appropriate efforts to expand the tax base and increase job opportunities. RATIONALE Economic development and redevelopment is a high priority and an important function for the economic well being of Farmington. It is important to work cooperatively with City Council and city staff developing a public/private sector partnership for the economic growth effort of the City. The Economic Growth Committee would be a resource in assisting the City Council and city staff in addressing various economic growth issues and would be involved in the strategic planning process as it relates to economic development and redevelopment. MISSION 1. Receive input from and provide recommendations to the City Council; 2. Act as a sounding board for development and redevelopment projects; 3. Assist in strategic planning and marketing for the City of Farmington; 4. Serve as a working committee with the ability to form task forces and special committees to accomplish goals and objectives; and 5. Take pulse of the community with regard to image and retention of businesses. GOALS 1. Develop goals consistent with those established by the City Council; 2. Take a proactive approach to city economic development and redevelopment; 3. Actively pursue employment opportunities, job retention and enhancement of the tax base; 4. Actively promote research, development and redevelopment of office/industrial parks; 5. Promote research, development and redevelopment of historic downtown Farmington; and 6. Recognize the importance of the retail sector to the overall economic well being of Farmington COMPOSITION . Composed of 10 to 14 members appointed by the City Council and the Business Council/NDC . Appointments would be equal in count by the City Council and the Business Council/NDC . Members would be residents and/or do business in Farmington . Members would represent industry sectors/categories such as developer, financial, utilities, transportation, education, business owner, landowner, city council, business council/chamber and at large members. . The City Administrator or his/her designee and NDC President would serve as ex-officio members. . Chair and Vice-chair elected by EGC members annually. TERM . Term length would be 2-3 years. . Proposed maximum continual service of three terms. . Initial terms staggered MEETINGS . Monthly on a regular day and time, ie 2nd Tuesday of each month 7:30am - 9:00am . Location to be determined GENERAL The Economic Growth Committee would establish an Annual Work Plan, consistent with the Mission and Goals of the EGC. The EGC would have the ability to form working committees/task forces and form special economic development task forces and/or studies, maximizing the depth of resources, knowledge and personal. 7 a..... COUNCIL MINUTES PRE-MEETING January 3, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight was concerned with the Comp Plan Amendment concerning trails for the Perkins property. He felt it was pre-mature to approve this plan for a property that is not in the City yet. He asked that it be pulled from the agenda and brought back at a later time. Mayor Soderberg noted the trail goes around the property and is located in the City. It then connects with the Devney/Winkler property. Parks and Recreation Director Distad explained it will be moved onto the Perkins property as this property moves through the process as the park dedication ordinance specifies that trails shown on the property and in the trail master plan are paid for by the developer. The Park and Rec Commission wanted these trails identified early so it was not missed. Trails can be shown outside the City boundaries. The property is not in the City and it does not have MUSA. Staff stated currently the trails shown on the plan map are on City property. The proposed amendment is to show them on the Perkins property which will be going through the orderly annexation process soon. Councilmember Fogarty suggested an ordinance change to address that during the annexation process the Park and Rec Commission has an opportunity to add trails before doing the plat. It was agreed to pull this off the agenda. \ Council Minutes (Pre-Meeting) January 3,2006 Page 2 Councilmember McKnight asked about the organizational matters. He noted there were two rate schedules for Bonestroo. Staff explained one is for City projects and the other shows what developers are charged. The individual charges are the hourly rates that will be charged to developers. The first three individuals received a larger increase because they received a step up in job class. Councilmember McKnight noted there was no Planning Commission member listed for appointment to the Castle Rock group. Staff suggested waiting until appointments were made for the vacant seat on the Planning Commission and then they can recommend someone. Council decided to follow this same practice for the EFP AC committee. Councilmember Wilson asked about advertising for a new garbage truck and if this was another truck for a new route. Staff explained this will be a replacement for an older truck. Usually the old truck is traded in for a discount on the new truck. Councilmember Wilson also expressed his interest in having the City's website re-designed. He wanted to see what options were available and the cost. Mayor Soderberg suggested having the new City Administrator determine how to proceed. Councilmember Pritzlaffthanked Officer Scovill for his donation of a taser. He then asked about the change order for the Fire Station project. Staff explained it was for changing the dryer from electric to gas, and to separate the irrigation systems from the Maintenance Facility. Councilmember Pritzlaff noted on every project we are seeing 1-3 change orders and the cost is going up. He asked if an estimate can be obtained and stay with it. Staff explained the total cost of the project at the end has been very close to the estimate. There is a contingency to allow for change orders for any project. Councilmember Pritzlaff noticed the darker color brick is different than the Police and Maintenance Facilities and felt they all should have matched. Councilmember Pritzlaffthen asked about the purchase of a new sweepster broom. Staff explained this is an additional brush to be used as a backup. He then asked about the bills and the entry for postage for CMI. Staff explained that is for postage for mailing the newsletter. Councilmember Pritzlaff also asked about the charge for Gopher State One Call and thought that service was free. Staff explained it is not free to the City. 5. STAFF COMMENTS City Attorney Jamnik stated regarding the public hearings for the liquor license suspensions, stipulations have been received from the Ugly Mug, Oasis Market, and New Moon Buffet so they were pulled from the agenda. Community Development Director Carroll pulled the CDBG allocation as the CDA has some additional issues to be discussed. This will be brought back to the January 17,2006 meeting. Council Minutes (Pre-Meeting) January 3, 2006 Page 3 6. ADJOURN MOTION by Pritzlaff, second by Wilson to adjourn at 6:54 p.m. APIF, MOTION CARRIED. Respectfully submitted, r~;h?~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR January 3, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Marianne Feely, William Myers, Karen Fuller, Randy Oswald, Kim Kamen, Carl Johnson, Cassie Johnson, Bob Kamen, Dave Eldridge 4. APPROVE AGENDA Councilmember McKnight pulled item 7j) Adopt Resolution Approving Comprehensive Plan Amendment Concerning Existing and Proposed Parks, Trails and Open Space Plan Map for consideration at a later time. City Attorney J amnik pulled items 8c,d,e) Liquor License Suspension for Ugly Mug, Oasis Market, and New Moon Buffet as signed stipulations have been received. Community Development Director Carroll pulled item 71) Approve CDBG Allocation for consideration at a later date. MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (12/19/05 Regular) b) Received Information Boards and Commissions Attendance - Administration Councilmember Wilson recognized those members with perfect attendance. Council Minutes (Regular) January 3, 2006 Page 2 c) Adopted RESOLUTION RI-06 Accepting Donation - Police Department Mayor Soderberg thanked Officer Shawn Scovill for the donation of a taser. d) Approved Assessment Agreement - Ash Street Project - Engineering e) Approved Change Order - Fire Station Project - Engineering f) Approved School and Conference - Fire Department g) Adopted RESOLUTION R2-06 Approving Plans and Specifications and Authorizing Advertisement for Bids - Parks and Recreation h) Adopted RESOLUTION R3-06 Approving Plans and Specifications and Authorizing Advertisement for Bids - Parks and Recreation i) Received Information Capital Outlay - Parks and Recreation k) Approved LMCIT Excess Liability Coverage - Finance m) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Liquor License Suspension - B&B Pizza - Police Department b) Liquor License Suspension - VFW - Police Department In November and December the Police Department conducted alcohol compliance checks. Five businesses failed. Two of the businesses have chosen to participate in a public hearing regarding the penalties imposed. Police Chief Siebenaler explained the process followed for compliance checks. In one case, no ill was requested and in the other case the ill was requested, but the person was still served. Staff recommended that for each ofthe first time buyers there be a fine of $250 and a three-day suspension of their license. For the multiple-offender, B&B Pizza, a $500 fine and a seven-day suspension was recommended. Councilmember Fogarty felt it would be appropriate to do compliance checks more than once a year. Staff agreed. Councilmember Pritzlaff asked if there was a certain amount of time set for the suspension or if Council can select the amount. City Attorney Jamnik stated the stipulations include the dates for the suspension. The penalties are February 1-3, 2006 and February 1-7,2006. The City does not have a schedule of presumed penalties, but that has been discussed. Mr. Dave Eldridge, B&B Pizza, stated he recently bought out the old partners and they are taking steps to correct this. He asked if everyone who comes in to buy alcohol has to be carded or just those who appear to be 30 or older. According to the sales person, she thought the customer looked old enough. Police Chief Siebenaler stated those guidelines can be adopted, but some card everyone every time. The statement made to the officer by the seller was that she was busy and should have carded, but didn't. Mr. Eldridge stated the clerk told him she thought the customer looked old enough. However, this will not happen again and they are looking for some compassion as they are seriously thinking of not selling alcohol after this year. Councilmember Fogarty asked Mr. Eldridge when he bought B&B. Mr. Eldridge replied in October 2005. Councilmember Pritzlaff asked if previous violations carry over to a new owner. Police Chief Siebenaler replied this is new information and asked Mr. Eldridge ifhe was previously a Council Minutes (Regular) January 3, 2006 Page 3 partner at all. Mr. Eldridge replied no. Police Chief Siebenaler stated in that case he would recommend this be treated as a first time violation. Ms. Karen Fuller, VFW, stated this is their first time for failing and it was their newest bartender. She does have the bartenders set up for an alcohol awareness program. They have passed every compliance check since 1996. All employees will go through this training and they have new scanners to check ID's. Mr. Wade Fuller, stated he sold the alcohol to the minor and has been very embarrassed. He checked the ID twice and was guilty of doing poor math. Rather than the fine being imposed on the VFW, he asked to take responsibility himself. Ms. Fuller noted ID' s from every state are different and licenses from some states you cannot scan. Mayor Soderberg noted with regard to payment of the fine, it does not matter where the funds come from, however the liquor license itself is attached to the establishment. They need to impose the suspension on the business to be consistent. Police Chief Siebenaler noted each individual seller is also being charged in addition to the business. City Attorney J amnik noted it may require a court appearance and the individuals will be receiving something in the maiL Mayor Soderberg noted the Police Chief has recommended for B&B Pizza the penalty be changed to a three-day suspension and a $250 fine which is consistent with others that have failed. This will also be for February 1-3, 2006. MOTION by Pritzlaff, second by McKnight to close the public hearing. APIF, MOTION CARRIED. Police Chief Siebenaler stated the Police Department in cooperation with Project Northland will be sponsoring alcohol server training on January 17 and 18,2006. All of the liquor retailers will be invited to send all of their servers to this training. This is their opportunity to have everyone trained quickly. There is no charge for the training and it will be held at the Police Department. MOTION by Pritzlaff, second by Wilson to approve the $250 penalty and a three-day suspension for February 1-3, 2006 for B&B Pizza and the VFW. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration MOTION by McKnight, second by Pritzlaff as follows: 10a(1). That Councilmember Fogarty be designated as Acting Mayor from January 4, 2006 through December 31, 2006. 10a(2). That the Farmington Independent be designated as the official publication from January 4,2006 through December 31, 2006. Council Minutes (Regular) January 3, 2006 Page 4 10a(3). Appoint the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 4, 2006 through December 31, 2006. 10a(4). Appoint the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of 2006 and Lee Mann as City Engineer/Public Works Director. 10a(5). That the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Dain Rauscher, Wells Fargo Investments and Salomon Smith Barney be designated as the Official Depositories from January 4,2006 through December 31,2006. 10a(6). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2006. 10a(7). Approve a $1,000,000 Faithful Performance bond for the City Clerk. 10a(16). Appoint Robin Roland as Director and Brenda Wendlandt as Alternate to LOGIS for 2006. 10a(17). Adopt RESOLUTION R4-06 appointing Robin Roland as the Responsible Authority for data practices and Brenda Wendlandt as Data Practices Act Compliance Officer for 2006. APIF, MOTION CARRIED. 10a(8). ORDINANCE NO. 005-546 Establishing Fees and Charges for licenses and permits for 2006 was adopted December 19, 2005. 10a(9). Appointments to Boards and Commissions - Candidates will be interviewed January 7,2006 and appointments will be made at the January 17, 2006 Council Meeting. 10a(10). MOTION by Soderberg, second by Pritzlaff appointing Councilmember McKnight to the Economic Development Authority. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Abstain: McKnight. Motion Carried. 10a(11). MOTION by Soderberg, second by McKnight, to appoint Councilmember Wilson as the primary and Councilmember Pritzlaff as the alternate representative to the ALF Ambulance Board. APIF, Motion Carried. 10a(12). MOTION by Pritzlaff, second by Wilson to appoint Mayor Soderberg as the City's representative to the CEEF Committee. APIF, Motion Carried. 10a(13). MOTION by Soderberg, second by McKnight acknowledging the designation of Councilmember Fogarty, and staff member Kevin Carroll, on the Farmington/Empire Planning Advisory Committee. APIF, Motion Carried. Council Minutes (Regular) January 3, 2006 Page 5 10a(14). MOTION by Soderberg, second by McKnight to appoint Councilmembers Pritzlaff and Wilson to the MUSA Review Committee. APIF, Motion Carried. 10a(15). MOTION by Sod(:rberg, second by Pritzlaff to appoint Councilmember McKnight to the Farmington/Castle Rock Discussion Group. APIF, Motion Carried. Mayor Soderberg noted the Planning Commission will make recommendations for representatives on the Castle Rock Discussion Group and the Farmington/Empire Planning Advisory Committee. Mayor Soderberg noted the other committees on which Councilmembers serve. b) Adopt Parks and Recreation Department Strategic Revenue Plan - Parks and Recreation This plan was created to provide better direction for department staff as they went through the process for determining fees for services provided. It identifies pricing guidelines, cost recovery standards and pricing worksheets. The pricing guideline provides direetion to staff on how certain services are priced based on the amount of public ve:rsus private benefit. The cost recovery standard provides direction to staff on how much of the overall expenditures by division the department should be recovering through the fees it charges for services. The worksheets will be used by staffto determine fees for the various programs, services, and facilities provided to the public. This is a strategic plan, not a policy. Parks and Recreation Director Distad reviewed a couple of the components of the strategic plan. Mayor Soderberg suggested making a change in Table 3 for recreation programs to show a target level of35% of total expenditures be covered by fees and a target level of 65% oftotal expenditures be covered by other subsidies. Council felt this was an excellent plan to have. This plan will be used during the next budget cycle. MOTION by Wilson, second by Pritzlaffto adopt the Strategic Revenue Plan for the Parks and Recreation Department with the recommended change. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Wilson: There was a goal-setting workshop 10 months ago and once a new City Administrator is in place he would like to hold another workshop. Councilmember Pritzlaff: Regarding the property on 203rd Street that was shown in the background with a silt fence installed, he discussed this with staff. There are now four bright pink stakes in the back lawn and they will be moved to show the conservation easement line now that the documents have been signed. Regarding the fees for the Council Minutes (Regular) January 3, 2006 Page 6 garbage discontinuance he asked how many people leave town. Staff stated they receive approximately 34 exemptions per year. Councilmember Pritzlaff asked how much space is available to store these garbage cans and asked ifthere could be a different color lid placed on the garbage can to alert the drivers. Staff felt that would be more cost prohibitive. The stock is rotated quickly and there is storage space for the cans. Councilmember Pritzlaff noted the tree preservation ordinance will be on the next Council agenda. Regarding the Pre-Council Meetings he felt they are good, but suggested eliminating the citizen comments portion as very few people have appeared. Councilmembers noted if no one takes advantage of it, we just move on. It was agreed to continue with Pre-Meetings and leave citizen comments on the agenda. He asked if a schedule will be arranged for Coffee with Council. Staff will prepare a schedule following the same rotation. City Attorney Jamnik: The Court of Appeals heard oral arguments in the powerline appeal on December 14,2005. A decision is expected mid-March. Administrative Services Director Shadick: Reminded Council ofthe Joint Council/HPC Workshop on January 18, 2006 at 6:30 p.m. in the Council Room. Mayor Soderberg: Work is being done regarding the new City Administrator. A verbal briefing will be received on Thursday and the information forwarded to Council. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8: 13 p.m. APIF, MOTION CARRIED. Respectfully submitted, /, .~'" ~ 7.--i'7L<-~ /Y7~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /6 TO: Mayor, Councilmembers, Acting City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Appointments to Boards and Commissions DATE: January 17,2006 INTRODUCTION 1 DISCUSSION On January 7, 2006, the City Council interviewed and proposed the following appointments to Boards and Commissions: Seat Applicable Term New Appointment Heritage Preservation 1) 2/1/06-1/31/09 Beverly Preece 2) 2/1/06-1/31109 Vacant Parks & Recreation 1) 2/1106-1131109 Randy Oswald Planning Commission 1) 2/1 /06-1 /31/08 Todd Larson 2) 2/1106-1/31108 Ben Barker 3) 2/1106-1/31/08 Aaron Fitzloff Rambling River Center Advisory Board 1) 2/1106-1/31109 Beverly Preece 2) 2/1106-1/31/09 Nancy Anderson 3) 2/1 /06-1/31109 Vacant Water Board 1) 2/1106-1131/09 Jeff Krueger Economic Development Authority 1) 2/1106-1131111 Erik Starkman 2) 2/1/06-1131107 Chad Collignon Upon approval of the City Council the applicants will be notified by letter and will receive an Oath of Office and Certificate of Appointment. ACTION REQUIRED Council by-laws state that commission appointments shall be made at the second regular meeting of the year. Therefore, the action requested is to approve the appointments to the various Boards and Commissions for the above stated terms. Respectfully submitted, ~/l fta~ Lisa Shadick, Administrative Services Director COUNCIL POLICY - 05 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c TO: Mayor, Councilmembers, Acting City Administrator 0/ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - Farmington VFW Post #7662 DATE: January 17, 2006 INTRODUCTION The Farmington VFW Post #7662 is requesting a Temporary on-sale Liquor License for a Mayoral Charity Ball to be held February 25,2006. DISCUSSION This event will be held at the St. Michael's Church Social Hall located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Therefore, the City has not established a fee for a Temporary On-Sale Liquor License. ACTION REQUESTED Approve the attached application for a Temporary Liquor License for the Farmington VFW Post #7662, for a Mayoral Charity Ball, February 25, 2006. Respect~y submitted, J / . ~Il, ~t:t~ Lisa Shadick Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7d TO: Mayor, Councilmembers and Acting City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - Vermillion River Gobblers DATE: January 17, 2006 INTRODUCTION The Vermillion River Gobblers are requesting a Gambling Event Permit for a silent auction' and raffle to be held on March 23, 2006 at the Farmington Eagles Club. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling permit fees are included in the revenue estimates in the budget. ACTION REQUESTED Consider the attached Resolution granting a Gambling Event Permit to the Vermillion River Gobblers at the Farmington Eagles Club, 200 Third Street, on March 23, 2006. Respectfully submitted, }4Md. ~d~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -06 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR VERMILLION RIVER GOBBLERS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of January 2006 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Vermillion River Gobblers have submitted an application for a Gambling Event Permit to be conducted at the Eagle's Club, 210 3rd Street for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Vermillion River Gobblers to be conducted at the Eagle's Club, 210 3rd Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of January 2006. Mayor day of January 2006. Attested to the Acting City Administrator SEAL Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Hent"y A. Schaeffer, III Alina Schwartz Marguerite M. McCarron Gina M. Brandt '" Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317. Eagan, MN 55121 651-452-5000 Fax 651-452-5550 k-Iaw.com /e.. CAMPBELL KNUTSON Professional Association *** Direct Dial: (651) 234-6219 E-mail Address:jjamnik@ck-Iaw.com TO: Farmington City Council (~rV Robin Roland, Acting City Administrator ~ Lee Mann, Public Works Director FROM: Joel J. Jamnik, City Attorney DATE: December 28, 2005 SUBJECT: Notice of Filing Award of Commissioners, City of Farmington v. Ristow, et al. The Commissioners in the above captioned eminent domain proceeding have awarded damages as follows: Damages for Screening/Loss of Trees Damages for Temporary Taking Remainder Damages Total Award for Damages Appraisal Fee (previously paid) $ 5,500.00 $ 900.00 $ 5.400.00 $ 11,800.00 $ 1,500.00 The award specifically excluded any damages related to the change in driveway grade. It is unclear what the intent of the commissioners was regarding this matter, but City staff worked extensively with the property owner regarding the grading of the driveway and restoration of the project area abutting the subject parcel and we do not believe there is any remaining issue in this regard. The damages for screening and loss of trees, and the temporary taking damages are self-explanatory, but it is unclear exactly what the commissioners relied on in making the award for remainder damages. Most likely that amount is intended to compensate the owner for their claimed inability to rent a portion ofthe property during the construction period. The appraisal fee award is standard and statutorily required. While the award is approximately 50% greater than what the City's appraisal indicated, it is far below the defendants' claimed damages of $47,200.00. Either party may appeal the order to District Court within 40 days and if one of the parties appeals, the other party then has an additional 10 days in which to cross appeal. Given that the anticipated costs of an appeal far outweigh the possible savings afforded by a reduced settlement/order, and taking into account the low likelihood of a achieving a reduction in the award, we are not recommending that the City appeal unless the owner/defendant decides to appeal, in which case we would ask for authorization to appeal. Recommended Action: Acknowledge receipt of award order, authorize payment of award in the amount specified, and authorize the City Attorney to appeal if respondent appeals. Sincerely, CAMPBELL KNUTSON Professional Association ~ B~. .... .~ JoeIJ.J [. JJJ :srn 7-( City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers ~ Acting City Administrator '?' FROM: Daniel M. Siebenaler, Police Chief SUBJECT: School and Conference Request DATE: January 17, 2006 INTRODUCTION / DISCUSSION Each year the Minnesota Chief's of Police Association sponsors it's Executive Training Institute (ETI) in St Cloud. This year's conference will be held April 24-27, 2006. Early registration as requested will save $50.00. ETI is the single largest training opportunity and trade show for Law Enforcement professionals in the Midwest. This year the main theme is The Organizational Culture of Police Organizations. There will also be valuable breakout sessions providing training on Methamphetamine, Human Resources, Public and Private Partnerships and the Use of Technology. The Police Chiefwill be attending all four days along with Sergeant Kevin Mincke. BUDGET IMPACT The cost ofthe Executive Training Institute is included in the 2006 budget. ACTION REQUESTED Information only. Respectfully submitted, Daniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 3 TO: Mayor, Councilmembers and Acting City Administrator ~ Missie Kohlbeck, Senior Center coordinator1S)1 Patti Norman, Recreation Supervisor pY FROM: SUBJECT: Adopt Resolution Accepting Donations to the Rambling River Center DATE: January 17, 2006 INTRODUCTION The following donations have been given to the Rambling River Center: Akin Family, Sypal Family, and Wicktor Family. DISCUSSION The Akin family has donated $100 in memory of Pat Akin who played an integral part in starting the Center. The Sypal family has donated $300 to Rambling River Center to furnish card tables in memory of Eleanor Sypal a card enthusiast. The Wicktor family has donated $50 to honor the family and support the Center. Staff will communicate the City's appreciation on behalf of the Council to the listed donators. ACTION REQUESTED Adopt the attached resolution accepting the donations of $1 00 from the Akin family, $300 from the Sypal family, and $50 from the Wicktor family. Respectfully Submitted, ~Y1umu.Lf{dlb?~ Missie Kohlbeck Senior Center Coordinator -' ..---...... /~ '~.~~ Patti Norman Recreation Supervisor RESOLUTION No. ACCEPTING DONATIONS TO THE RAMBLING RIVER CENTER $100 FROM THE AKIN FAMILY $300 FROM THE SYP AL FAMILY $50 FROM THE WICKTOR FAMILY Pursuant to due call and notice thereof, a regular meeting ofthe City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 1 ih day of January, 2006 at 7:00 p.m. Members Present: Members Absent: seconded the following: Member introduced and Member WHEREAS, donations of$100 from the Akin Family, $300 from the Sypal Family, and $50 from the Wicktor Family have been given to the Rambling River Center; and, WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donations of $100 from the Akin Family, $300 from the Sypal Family, and $50 from the Wicktor Family. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of January 2006. Mayor Attested to the day of January 2006. Acting City Administrator SEAL 7~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Amend Current Ordinance Title 7, Chapter 1 DATE: January 17,2006 INTRODUCTION City code 7-1-2 allows property owners to request from the City Council an exemption from City garbage service. In May of 2005 the Council approved requests for solid waste exemptions with the understanding that criteria for exemptions would be developed and brought back to the Council. City code 7-1-5 outlines the Rules and Regulations. Other items in the chapter have been revised for housekeeping. DISCUSSION Per State Statute 115A.941, cities with a population of 5,000 or more shall ensure that every residential household and business in the city or town has solid waste collection service. Cities may meet this statutory requirement by organizing private haulers through contract or licenses to provide the service, provide the collection service itself, or by passing an ordinance that requires that every household and business has a contract for collection services. However, the law also provides that a city may exempt a residential household or business in the city from the requirement to have solid waste collection service if the household or business ensures that an environmentally sound alternative is used. The City has previously allowed municipal collection to be discontinued upon the request of the property owner in certain circumstances. City staff has reviewed the ordinance criteria for exemptions and is recommending several proposed revisions, summarized below. The language in 7-1-2 has been revised to allow city staff to approve exemptions at Council's suggestion. In researching allowable criteria for exemptions, staff has contacted several cities that have municipal service or organized collection (see Exhibit A). In all cases, the only allowable exception to solid waste pickup is vacant properties. Common reasons for requesting exemptions have included being employed by waste removal companies and not having enough waste among others. Farmington's solid waste service fees are based on volume, so customers have the option of choosing the least expensive option of 30 gallons, which essentially could be considered a "base" fee for solid waste. Staff would support only allowing exemptions for vacancies unless the circumstances are truly extenuating or unusual. It is proposed to strike all of 7-1-4, Contract Required, as it is addressed in 7-1-3, Permit Required. That will make 7-1-5 become 7-1-4, and 7-1-6 become 7-1-5, etc. The language in 7-1-5 has been revised to make administration of the program simpler. 7-1-5 (D) & (E) which specified preparation requirements for recycling materials have been removed and preparation has been added to what was 7-1-5 (F), making it set by policy rather than code. Also, "Department of Health" is being deleted after Dakota County in 7-1-5 (K). What was 7-1-5 (I) has been combined with 7-1-5 (C) (addressing special arrangements). And 7-1-5 (1) has been revised to take out the effective date for compostable bags being required for yard waste collection. Throughout the chapter, "or designee" has been added whenever Parks and Recreation Director is referenced, and Parks and Recreation Director has been capitalized where it wasn't. BUDGET IMPACT Although the intent of the ordinance amendment isn't to increase revenue, if the current exempted properties were added to the list of accounts the minimum increase in revenue would be $1,512 per quarter (36 accounts x $42 per quarter, assuming a 30 gallon service). ACTION REQUESTED Approve the revisions to City code Title 7, Chapter 1. ~:;Y;n:ib Randy Distad Parks & Recreation Director cc: file Benno Klotz, Solid Waste Supervisor Lena Larson, Public Works Administrative Assistant Deb Richter, Accounting Clerk >- ~ > CI:: ~ 00 z o ..... Eo-; =-- ~ ~ >< ~ ~ 01 ':J -< ~ ~ ..... ~ o 00 o - c C\) E E o (.) - o 0. Ul Q) .... ::J (.) Q) Ul ro .!: .... Q)- r:::: r:::: 'm r3 - ro r:::: > 8 Q) "S~ c.:: O.s::. -1::: Ul 0 1: :: .~LUl "00 :!::: Q)~ .... Q) .9 .!: Q) E ~ Q; Q)- :Q~ S,E ro~ Ul- .... 0. ~Q) o.s::.~ co o o ~ ..... ..... - ..... Q) Q) ~ ~ 0. ~ ~ ::J r:::::.;::; tOoroo J9r::::,€-;;r:::: g ~:~ Eli- ~ ro - r:::: C\) E ON :;:; r::::..... E:t:: c:, r:::: ::::sE.s::.~ Ul .s::. Ul E=1:- >- 1: ~ ro Q) 'c 0 ~ "0 0 Q) .- E 0 0 ro 0 E :: E E - ('I) 0> r:::: r:::: ro '<t cn~>- 'E ca (.) ~ .- ... C .2.QOca (ij~E~ r:::: C\) > 0- -< Eo-; ..... = ..... == >< ~ ~ g (I):; ~ Co ::::s :~ 0"1:: ~ ca Co C\) J!! o '<t Eli- o r:::: >- :t:: c .!!! Q) ::::s ro E (5 O~ 0> .!: E 0. Ul ro .!: ro .!: r:::: 0. 0 Q) .~ E 0 r:::: ~~.c r:::: o.r::::.c "0 ro o ro 0 Q).s::. ~ :c~c::: c:::o Ul Q) >- lG lG 0 >->-r:::: o - ::::s o - 0. o ~ .2 (ij o r:::: 000 r:::: r:::: r:::: Ul Q) >- Ul Ul Ul Q) Q) Q) >- >- >- Ul Ul Q) Q) >- >- Ul Ul ~~ o 0 r:::: r:::: o 0 r:::: r:::: Ul Ul Q) Q) >- >- Ul Ul Q) Q) >- >- Ul 1: C'l 'Q) :c ro Q) .- Q) .co. E 0 ::J~ - ro O.s::. O(/) ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7 OF THE FARMINGTON CITY CODE REGARDING SOLID WASTE COLLECTION, CLARIFYING EXCEPTIONS FROM CERTAIN REQUIREMENTS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 7, Chapter 1, of the Farmington City Code regarding Solid Waste Collection by the City is amended to read as follows: 7 -1-1: DEFINITIONS: [same, no changes] 7 -1-2: COLLECTION BY CITY: MSA section 115A.941 identifies requirements regarding the collection of solid waste. All refuse accumulated in the city shall be collected, conveyed and disposed of by the city. No person shall collect, convey over any of the streets or alleys of the city, or dispose of, any refuse accumulated in the city, except as follows: (A)Exceptions For Actual Producers: Under this chapter the city council may exempt, for extenuating or unusual circumstances, a residential household or business from the requirement of having a solid waste collection service if the household or business ensures that an environmentally sound alternative is used. The city council may revoke exception status if the council determines it is determined that the property owner is disposing the garbage in a nonenvironmentally sound manner or for any other reason in the discretion of the council Parks and Recreation Director or desionee. (B)Exception For Outside Collectors: This chapter shall not prohibit collectors of refuse from outside the city from hauling such refuse over city streets; provided such collectors comply with the provisions of this chapter and with any other governing laws. (C) Exception For Construction Projects: This chapter shall not prohibit the removal and/or disposal of refuse produced by a construction project by private haulers. The city building official may restrict the length of time that a container may stay on a H:\city council agenda items\Ordinance Amending city code related to solid waste JANUARY 2006.doc construction site and may require its removal if the building official determines that the container is not being used for the purpose of disposing of construction refuse. (D)Exception For Large Commercial/Industrial Uses: An owner of a commercial or industrial business may request contracting collection service from a private hauler if the weekly average output exceeds fifteen (15) cubic yards per week. The council City may approve such request upon recommendation of the p::uks and recreation director Parks and Recreation Director or desionee. This exception will also be available to restaurants. (E) Exception For Recyclable Materials: The council City may allow a private hauler to collect and convey recyclable materials upon recommendation of the parks :md recreation director Parks and Recreation Director or desionee. (F)Special Wastes: An owner of a commercial or industrial business may request collection service from a private contractor for special waste. (Ord. 005-524, 3-7- 2005) H:\city council agenda items\Ordinance Amending city code related to solid waste JANUARY 2006.doc 7 -1-3: PERMIT REQUIRED: Any private hauler removing and/or disposing of refuse produced by a construction project under subsection 7 -1-2(C) of this chapter; or any nonprofit or community organization conducting a "special recycling activity" as defined under section 10-2-1 of this code; or special waste under subsection 7 -1-2(F) of this chapter must first obtain a permit issued by the parks and recreation director Parks and Recreation Director or desionee. (A)The permit shall be valid for a period of one year, or for such length of time as determined by the parks ::md recreation director Parks and Recreation Director or desionee, from the date of issuance and is not transferable to another hauler or to another construction site. (Ord. 097-405, 10-20-1997) (B)The permit application shall include the following: 1. The name, address and telephone number of the hauler. 2. The location and owner of the construction site. 3. The nature of the refuse to be removed and/or disposed of. 4. The intended storage or disposal site for the refuse. (Ord. 096-382, 10-21-1996) 5. Other information as may be required by the parks and recreation director Parks and Recreation Director or desionee. (Ord. 097-405,10-20-1997) (C)The permit fee shall be established by resolution of the City Council. (Ord. 096-382, 10-21-1996) (D)The Parks and Recreation Director Parks and Recreation Director or desionee is authorized and empowered to revoke any permit upon failure of the holder of said permit to comply with any provisions of this Chapter. (Ord. 097-405, 10-20-1997) (E)A special recycling activities permit shall specify the hours of operation, location, and duration that the collection vehicle will be on site, plus requirements for supervision. Institutional and government cleanup days are permitted under this Section with City Council approval of date, hours of operation and location. (Ord. 096-382, 10-21- 1996) 7 1 4: CONTR^CT REQUIRED: Any pri'.'ate hauler operating within the City under subsections 7 1 2(B), (D), (E) and (F) of this Chapter must first enter into a solid ':.'aste hauler's agreement with the City, the terms of which must be appro'/ed by the City Council. (Ord. 095 353, 5 1 1995) H:\city council agenda items\Ordinance Amending city code related to solid waste JANUARY 2006.doc 7-1-46: RULES AND REGULATIONS: The following rules and regulations shall apply in preparing refuse for collection: (A) Collection of MSW, recyclable materials and yard waste shall be provided on a weekly basis. Additional weekly pickups may be made upon request of the owner. (Ord. 089-214,6-5-1989) (B) MSW and recyclable materials shall be placed separately in the proper containers provided by the City. The type of container shall be set by City policy. (Ord. 093-315, 9-20-1993) (C) MSW not deposited in the proper containers shall only be collected by special arrangement which shall be set by City policy. (Ord. 097-405,10-20-1997) (D) 1\11 MS\^J, recyclable materials and yard 'Naste shall be drained of liquids before being deposited for collection. (E) /\11 cans and bottles shall be thoroughly rinsed and drained before being deposited f-or collection. (D~) The preparation, placement, and location of containers shall be set by City policy. (EG) The collection schedule shall be set by City policy. (Ord. 089-214,6-5-1989) (MF) Brush, yard waste, special waste, hazardous waste, demolition waste, ashes and tires shall only be collected by special arrangements. (Ord. 097-405, 10-20-1997) (I) Special arrangements for collection shall be set by City policy. (JG) Noncompliance with any provision of this Section shall be deemed grounds for the City to refuse collection. (Ord. 089-214, 6-5-1989) (KH) All rules of the Minnesota Pollution Control Agency and ordinances and ordinance and rules of Dakota County Department of Health are hereby adopted as part of this Chapter. (Ord. 095-353, 5-1-1995) (hi) Refuse containers must be set out by seven o'clock (7:00) A.M. on the collection day. (Ord. 091-249, 6-17-1991) (MJ) Effective January 1, 1994, Tthe City will only accept yard waste in compostable bags. (Ord. 093-315, 9-20-1993) H:\city council agenda items\Ordinance Amending city code related to solid waste JANUARY 2006.doc 7-1-56: CONTAINERS: Containers for MSW and recyclable materials shall be provided by the City. The cost of replacement or repair of the containers shall be paid by the person assigned the container if it is determined by the City that the action was necessary because of negligence on the owner's part. The City shall have the authority to refuse collection services for failure to comply herewith. (Ord. 097-405,10-20-1997) 7-1-61: STORING OF REFUSE: (A) No person shall place any refuse in any street, alley or other public place, or upon any private property whether owned by such person or not, within the City except it be in a proper container for collection or under express approval granted by the City. Nor shall any person place any refuse in a proper container not owned by them unless they have written permission of the individual owning that proper container. Nor shall any person throw or deposit any refuse in any stream or other body of water. (Ord. 089-223, 11-6-1989) (8) Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within ten (10) days after the effective date hereof shall be deemed a violation of this Chapter. (Ord. 095-364, 11-20-1995) (C) No person shall cast, place, sweep or deposit anywhere within the City any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the City. (Ord. 089-214, 6-5-1989) 7-1-73: ANTI-SCAVENGING: Ownership of recyclable materials set out for collection shall remain with the person who set out the materials until removed by the City or its approved contractor. Until the recyclable materials are removed by the City or its approved contractor, the person who set out the materials is totally responsible for their proper preparation, handling and storage. It shall be unlawful for any person who is not authorized by the City to take or collect recyclable materials set out for collection within the City. (Ord. 095-353, 5-1- 1995) 7-1-89: REFUSE HAULING: The City shall have authority to make such rules and regulations concerning individual collection and disposal of refuse, and relating to the hauling of refuse over City streets and public ways by outside collectors as may be deemed necessary from time to time. (Ord. 089-214,6-5-1989) H:\city council agenda items\Ordinance Amending city code related to solid waste JANUARY 2006.doc 7-1-9tO: FEES: The fees for refuse collection and noncompliance with Section 7-1-5 of this Chapter and the method of payment thereof, shall be set from time to time by resolution of the City Council. All persons or businesses which produce refuse shall be billed at a rate set by resolution of the City Council except those exemptions cited under subsections 7 -1-2(C) through (F) of this Chapter. or if such person or business submits a signed affid::lVit to the City Clerk which states that the refuse is being disposed of by an environmentally sound alternative to the City collection service. Suoh affidavit sh311 be resubmitted on an annual basis or the exemption '.viII be revoked. (Ord. 092-275, 7-20-1992; amd. Ord. 095-353,5-1-1995) SECTION 2. This ordinance shall be effective immediately upon its passage. ADOPTED this _ day of City of Farmington. 2006 by the City Council of the CITY OF FARMINGTON Kevan A. Soderberg, Mayor Robin Roland, Acting City Administrator SEAL Approved as to form the day of , 2006. City Attorney Published in the Farmington Independent the ,2006. day of H:\city council agenda items\Ordinance Amending city code related to solid waste JANUARY 2006.doc CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE AMENDING TITLE 7 OF THE FARMINGTON CITY CODE REGRDING SOLID WASTE COLLECTION, CLARIFYING EXCEPTIONS FROM CERTAIN REQUIREMENTS NOTICE IS HEREBY GIVEN that, on January 17,2006, Ordinance No. was adopted by the City Council ofthe City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. , the following summary ofthe ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council continues to allow residents and businesses to apply to the City for exceptions to mandatory solid waste collection services and related billings, clarifies the process for reviewing and approving the applications for exceptions, delegates the responsibility for administration of the process to the city's Park and Recreation Director, and makes technical revisions to the ordinance to reflect current collection practices and state and county regulations. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council ofthe City of Farmington this 17th day of January, 2006. CITY OF FARMINGTON By: Kevan A. Soderberg, Mayor By: Robin Roland, Interim City Administrator SEAL Approved as to form the day of January 2006. By: City Attorney Published in the Farmington Independent the _ day of 2006. 7,. City of Farmington 325 Oak Stree, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Councilmembers and Interim City Administrator ~ Randy Distad, Parks and Recreation Director FROM: RE: Scheduling A Workshop with the Park and Recreation Advisory Commission DATE: January 17,2006 INTRODUCTION The City Council and the Park and Recreation Advisory Commission and City Council held a workshop on June 8, 2005. The general feeling of those attending the meeting was that the City Council and the Park and Recreation Advisory Commission should meet on an annual basis with the goal of meeting earlier in the year rather than later. DISCUSSION The Park and Recreation Advisory Commission is interested in holding a workshop with the City Council on Wednesday, February 15th at 6:00 p.m. at the City Hall Council Chambers. The PRAC will be having its regular monthly meeting on Wednesday, January 11th and will be discussing agenda items for the workshop. Once the agenda is finalized, staff will then distribute it. If City Council members have any items that it would like to be added to the workshop agenda, please contact staff and they will be added to the agenda prior to it being distributed. If the Wednesday, February 15th date does not work for City Council members, then an alternate date will need to be identified. ACTION REQUESTED By motion approve February 15,2006 at 6:00 p.m. as the date of the workshop for the City Council and Park and Recreation Advisory Commission. ~e ect fUllJECJY. bmitted 4 '-. '] < ' ~ Randy Distad Parks and Recreation Director cc: Park and Recreation Advisory Commission Members City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7' o TO: Mayor, Councilmembers and Acting City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Authorize Request for Proposals - Professional Survey Services DATE: January 17,2006 INTRODUCTION On March 12,2005 Council and Staff participated in a Goal Setting Workshop. One of the goals that resulted from the workshop was for staff to conduct a community survey. DISCUSSION The last community survey was conducted in 2001 by Decision Resources. The results of that survey were obtained by conducting telephone surveys of 400 randomly selected residents. The residents were asked a series of questions about Farmington relating to items such as: city services, recreation, taxes, communications and public safety. Because the City of Farmington has grown substantially since 2001 and to support the Council goal set last March, staff is recommending that a Request for Proposals be authorized to solicit professional survey services to conduct a new community survey. Attached is the suggested Request for Proposals. BUDGET IMPACT The survey will be funded out of the Communications Capital Project Fund. ACTION REQUESTED Authorize a Request for Proposals for professional survey services to conduct a community survey. Respectfully submitted, ~<<-liA~ Lisa Shadick Administrative Services Director CITY OF FARMINGTON Request for Proposals The City of Farmington is soliciting proposals from qualified firms to conduct a community survey to gather the views and opinions of City residents on a wide range of community topics. The City expects to begin the survey process in April 2006 after selection of a qualified firm. Firms submitting a proposal must include the following information: 1) Name, address and contact person; 2) illustration of the firm's experience in conducting community surveys including references with contact information; 3) a sample of a recent survey; 4) a suggested approach in developing an appropriate survey instrument, 5) detail on the firm's methodology, including data collection, analysis, summary and presentation of results; and 6) the firm's fee for the contracted survey work, including all fees and reimbursables. If requested, the firm should be prepared to make a presentation of its proposal. Proposals should be sent to: The City of Farmington, Attention Lisa Shadick, Administrative Services Director, 325 Oak Street, Farmington, MN 55024. Deadline for submittal is 4:30 p.m., Friday, March 3, 2006. The City reserves the right to reject any or all proposals and/or modify or waive any procedural irregularity in order to select the firm best qualified to meet the City's requirements and/or needs. 7A' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council members FROM: Robin Roland, Acting City Administrator/Finance Director SUBJECT: Project update - Fire Station #2 DATE: January 17, 2006 INTRODUCTION Construction of Fire Station #2 at the corner of 197th Street and Pilot Knob Road commenced in late summer. The project is on track for building completion and occupancy by March 1 st. DISCUSSION Questions have arisen recently due to change orders which have come to the Council. Several items on these change orders are requested changes or enhancements requested by the Fire department after bids were awarded. Other items are a result of coordination issues with City standards and maintenance needs, such as the size and depth of the drainage pond on the Municipal campus site and the irrigation system modification. Still other items happen in the normal course of construction where unforeseen differences between the architect's plans and the construction drawings result in changes to complete the building. Construction meetings with City staff, architect and construction project manager and superintendent take place every other week. These meetings involve review of the construction, future project schedule and discussion of any problems or outstanding items. All pay requests and any change orders are reviewed and approved by John McNamara (Wold Architects), Tim Gross (Assistant City Engineer and Project Manager on this project) and the Acting City Administrator. We anticipate substantial completion of the building by the week of January 23rd. Furniture and equipment will be delivered and installed during February, making the building ready for occupancy March 1st. Several external items will be completed in the spring. These include the final lift of asphalt on the driveway and parking lot, some exterior painting, landscaping, sodding and seeding. Since these items are not critical, they can be completed as weather permits after we have moved equipment and operations into the building. BUDGET IMPACT A spreadsheet is attached with this memo reflecting budgeted project costs and actual expenditures to date through November 2005. ACTION REQUIRED No action is required as this is for information only. Respectfully submitted, ~~/~ / Robin Roland Acting City Administrator/Finance Director r:: EN ~=l:I: .- r:: E 0 ... .- al- LLS _U) o (I) z-..!:: (3LL (I) VII Cl... r:: (I) al"O .s:::. ... 00 .. .. ~I ('I') CJ) . 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(I) (I) ~"E o 0 (I) (I) Cl Cl r:: r:: al al .s:::. .s:::. 00 NM City of Farmington '. 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?i TO: Mayor, Council members FROM: Robin Roland, Acting City Administrator/Finance Director SUBJECT: LMC Experienced Officials Conference DATE: January 17, 2006 INTRODUCTION The League of Minnesota Cities (LMC) Leadership Conference for Experienced Officials will take place in Bloomington on February 17 and 18. DISCUSSION Each year the LMC offers training opportunities for new and experienced City officials. These trainings offer a diverse selection of topics to help Council members better handle their many responsibilities. The conference notice and agenda are included with this memo. BUDGET IMPACT Registration cost is $190 per member for the two day conference. Funding is provided in the Legislative division training budget for 2006. ACTION REQUIRED Please let Cindy or me know if you wish to participate and we will sign you up. Deadline for registration is February 10th. Respectfully submitted, ~~ Acting City Administrator/Finance Director 2006 Leadership Conference for Experienced Officials Page 1 of2 .,..--t" ~ - I, .' '}",,,,..;,.,,.. I P' =-1'> ". -(/ ,~.:/<; j '. "I!" . ~I \,":0- j I ,:-" _ ,_n Jr '..' 1'" .,,") cs. ....-. J' .." ). -.' '''-' - ......~<:" 'I ~1:;';j3C:.:~i ILMC Search tools .:1 Conference Home Conference Registration Conference Calendar Staff Directory Leadership Conference for Experienced Officials Leading at the Local and State Levels: City Officials Shaping Minnesota's Future Whether you've been in office for' a few or many years, this conference is for you! S.harpen your leadership skills, and revive your commitment to public service. Register today to: . Get an advanced-level look at city finances and your role in the fiscal health of your city. . Get tools to make long-term community investment and financial decisions. . Examine your leadership role in addressing statewide city issues. . Learn how your city can benefit from multi-level governmental partnerships. . Find out how you can make a difference at the Capitol. Dates & Locations: . Jan. 27-28--Grand Rapids (Registration closes: Jan. 20) Ruttger's Sugar Lake Lodge (view map) . Feb. 17-18--Bloomington (Registration closes: Feb. 10) Holiday Inn Select Mpls/St. Paul International Airport Hotel (view map) --Register online now (Fee: $190) --View and print agenda --View hotel information and rates Questions? Contact Rebecca Erickson at rerickso@lmnc.org, (651) 281-1222, or (800) 925-1122. This event sponsored by LMC Gold-Level Business Partner: Ehlers and Associates, Inc. Conference Calendar I Conference Registration City Tools I Legislative Advocacy I Research &. Analysis LMCIT I HR &. Benefits I Library I Training &. Conferences Other Services http://www.lmnc.org/conf/exp06.cfin 1110/2006 LMC 2006 Leadership Conference for Experienced Officials Agenda 2006 Leadership Conference for Experienced Officials Agenda Friday: 2 p.m. 2:45 p.m. 3-5:15 p.m. 5:30-6:30 p.m. 6:30 p.m. Saturday: 8-9 a.m. 9-9:45 a.m. _1:45-10:15 a.m. 10:15- Registration Welcome/Announcements Jim Miller, Executive Director, LMC Financing City Government: The Advanced Session! Dan Jordet, Finance Director, Brooklyn Center Figuring out how to finance city projects can sometimes be overwhelming, especially in times of decreasing budgets. Attend this session to: . Learn about tools to fmance infrastructure and special projects, and when to use these tools. . Understand when to use assessments, bonds, taxes, TIP, or grants. . Discuss the role of elected officials as community leaders and decision-makers in long-range capital planning. . Explore the possibilities of public-private partnerships to help achieve the coinmunity vision. Social HouriNetworking This is a chance to relax and network with your peers from neighboring cities. Dinner and Recognition of Leaders City Officials as State Political Leaders Carl Neu, Executive Vice President & General Manager, NEU & Company Get ready to help launch a Declaration of Interdependence! Join a dynamic, big-picture discussion of how local elected officials around the country are serving as grassroots leaders. Get inspired to build bridges with other local and state governments and to reignite citizen confidence and support. Cities: Can't We All Just Get Along? Eric Willette, Policy Analysis Manager, LMC City officials who served on the LMC Financing Local Government Task Force learned that they had more in common than they thought. The 2005 legislative session proved that by working together, cities can achieve significant success. Explore some ofthe surprising findings of the FLGTF and how a common agenda can be the basis of principled leadership and success at the Capitol. Break Panel Discussion: Serving Citizens More Effectively http://www:lmnc.org/conf/exp06agenda.htm Page 1 of2 1110/2006 LMC 2006 Leadership Conference for Experienced Officials Agenda 11 :30 a.m. 11 :30 a.m.- 12 p.m. 12 p.m. Judy Johnson, Mayor, City of Plymouth Jim Mulder, Executive Director, Association of Minnesota Counties Mark Voxland, Mayor, City of Moorhead Grand Rapids location: Minnesota Rep. Tony Sertich (DFL-Chisholm) Bloomington location: Minnesota Rep. Laura Brod (R-New Prague) Citizens are best served when cities, counties, and school districts work cooperatively. Join a panel of distinguished local and state leaders as they explore what local governments and their statewide associations can do to serve citizens more effectively. Now What? Brian Strub, Policy Development & Grassroots Coordinator, LMC So now that you're convinced you can and want to be a bridge builder and a statesperson--what's next? Learn how you personally can become involved at the local and state levels to make a difference. Understand LMC's legislative goals, and take home tools to help you be an effective advocate for your city and for all Minnesota cities. Adjourn Return to main page for this event Hotel information and rates Register now http://www.lmnc.orglconf/exp06agenda.htm Page 2 of2 1110/2006 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ TO: Mayor, Councilmembers, and Acting City Administrator t FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Labor Negotiation Settlement - LELS DATE: January 17,2006 INTRODUCTION This memorandum has been prepared to update Council on the status of the City's labor settlement with the Police Officers. DISCUSSION The City has reached a collective bargaining agreement with the LELS bargaining unit effective January 1, 2006. This agreement provides for a two and three quarter percent (2.75%) wage adjustment effective January 1 for both 2006 and 2007. The agreement also provides for a two percent wage adjustment effective January 1, 2008 and an additional two percent wage adjustment effective July 1,2008. The City will continue to contribute a flat rate amount for group insurance provided by the City. This contribution amount will remain at $690.00 per month for 2006 and increase to $720.00 per month for 2007. There will be an insurance re-opener to determine the City contribution for 2008. BUDGET IMPACT Settlement costs negotiated with the LELS bargaining unit are provided for in the 2006 budget. ACTION REQUESTED Adopt the attached resolution ratifying collective bargaining agreement for the Patrol Unit. Respectfully submitted, /~/ ~ // . '., " ~~<--;;i0&;L;~r , Brenda Wendlandt, SPHR Human Resources Director cc: file RESOLUTION NO. A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND LAW ENFORCEMENT LABOR SERVICES, INC, LOCAL 187 POLICE OFFICERS UNIT FOR THE CONTRACT YEARS 2006 THROUGH 2008. Pursuant to due call and notice, thereof, a regular meeting of the City council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 17th day of January, 2006 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following resolution: WHEREAS, the City of Farmington recognizes LELS as the exclusive bargaining representative under M. S. Chapter 179A, for the public works and parks and recreation personnel classifications identified in the collective bargaining agreement; WHEREAS, the City has negotiated in good faith with representatives of LELS for the purpose of reaching a collective bargaining agreement for the contract years 2006, 2007 and 2008; and WHEREAS, the settlement terms have been successfully negotiated between the City and the membership of Law Enforcement Labor Services, Local 187 in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) A two and three-quarter percent (2.75%) wage adjustment effective the 1st day of January, 2006. 2) A two and three-quarter percent (2.75%) wage adjustment effective the 1st day of January, 2007. 3) A two percent (2%) wage adjustment effective the 1st day of January, 2008 and a two percent (2%) wage adjustment effective the 1 st day of July, 2008. 4) The City shall contribute a flat rate amount for health, dental and life insurance. This rate will be $690.00 per month for 2006 and $720.00 per month for 2007. For 2008, there will be an insurance re-opener to determine the 2008 City contribution amount. Adopted by the Farmington City Council this 17th day of January, 2006. Mayor Attested to the day of January 2006. Acting City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 711 TO: Mayor, Councilmembers, and Acting City Administrator~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Fire Department DATE: January 17,2006 INTRODUCTION The recruitment and selection process for the appointment of the Paid On-Call Fire Chief has been completed DISCUSSION After a thorough review of all applicants for the Paid On-Call Fire Chief position by the Fire Chief Selection committee, a contingent offer of employment has been made to Tim Pietsch, subject to ratification by the City Council. Mr. Pietsch has been a member of the Fire Department for 23 years. He served as a Captain for 9 years and is currently an Assistant Chief. He has held the Assistant Chief position for the last three years. Mr. Pietsch meets the qualifications for the position. BUDGET IMPACT Funding for the positions is provided for in the 2006 budget. ACTION REQUESTED Approve the appointment of Tim Pietsch to the position of Fire Chief. Respectful~IY Submitted~ ,/,' (/ l"/ .;/-:- --". 4~':Ch / vfi~~,J(- ,I Brenda Wendlandt, SPHR Human Resources Director cc: file 70 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers and Acting City Administrator ~ Kevin Carroll, Community Development Director TO: SUBJECT: 2006 Community Development Block Grant Application DATE: January 17, 2006 INTRODUCTION The City has the right to apply for approximately $59,000 in Community Development Block Grant [CDBG] funds for CDBG Program Year 2006 [July 1, 2006 through June 30, 2007]. To secure the grant money that is available, the City must prepare and submit an application that specifies eligible activities or projects to which the City intends to apply the available funding. The completed application must be submitted to the Dakota County Community Development Agency [CDA]. DISCUSSION For the last several years, the City has received [federal] Community Development Block Grant funds, which have been administered and distributed by the Dakota County Community Development Agency [CDA]. The next CDBG "program year" will run from July 1, 2006 through June 30, 2007. Last year's CDBG allocation amount was $65,500. The CDA has advised us that President Bush has proposed a federal budget that reflects a 10% reduction in the CDBG program. The CDA has therefore suggested that every city reduce last year's allocation by 10%, with the understanding that upward adjustments can be made later if the final amount of the reduction is less than the amount proposed by the President. Reducing last year's CDBG allocation of $65,500 by 10% results in $58, 950, which I've rounded to an even $59,000 for the time being. In order to obtain the available CDBG funds, the City must complete and submit an application, as it has done in past years. The application must identify the project(s) for which the CDBG funds will be used, and the specific project activities to which the funds will be applied. CDBG funds can only be used for "eligible" projects or activities that satisfy certain "National Objectives." Typically, such objectives include redeveloping slums or blighted areas, creating or improving housing that benefits individuals who fall within "low to moderate income" guidelines, or creating jobs that pay wages that fall within certain ranges. At this time last year, the City Council approved the HRA's recommendation that 50% ($32,750) of the City's 2005 CDBG allocation, plus certain unused funds ($70,792.06) from prior years' CDBG allocations be used for the acquisition ofthe "Riste Building," located at 209 Oak Street in downtown Farmington. That process has been moving steadily forward. A hazardous materials ["hazmat"] survey has been completed, and cost projections have been prepared regarding the hazmat abatement that will be required when the building is demolished. A survey of the property has been prepared, and copies have been distributed to the City Attorney, Dakota County Abstract and the property's current owner, Mr. Hosmer Brown. Those parties currently have discussions in progress regarding a few boundary line and title issues that need to be addressed before a closing date can be set. At the Farmington HRA meetings that were held on December 13, 2005 and January 9, 2006, the HRA Board discussed the 2006 CDBG allocation. At the conclusion of the discussion on January 9, the HRA recommended to the City Council that 50% of the 2006 CDBG funds be applied to the two remaining "post-acquisition" costs associated with the Riste Building: hazmat abatement and demolition. It is possible that the combination of 50% of the 2006 CDBG funds (approximately $29,500) and the projected "excess" funds remaining after the purchase of the Riste Building (approximately $8000 to $10,000) will not be sufficient to cover the combined total of the hazmat abatement and demolition costs. In that case, the HRA will explore a variety of options for getting the required work completed as quickly as possible. Such options could include (but will not necessarily be limited to) the following: utilizing other HRA funds, if available; applying to regional, state or federal programs for financial assistance; and/or negotiating an arrangement with the eventual developer of the property whereby the developer will either (a) pay a portion of the abatement and demolition costs when they are incurred or (b) promptly reimburse the HRA for a portion of those costs after they have been paid by the HRA. The HRA recommended on January 9 that the remaining 50% of the 2006 CDBG funds be allocated to the Dakota County CDA's housing rehabilitation program. The HRA has recommended, and the City Council has approved, the allocation of CDBG funds to this particular program in certain past years. Improvements to residences that are old and/or in poor condition benefit the community in a number of ways. They improve the aesthetics or appearance of residential neighborhoods; they make homes more pleasant and "livable" for their occupants; and they enhance the market value of the remodeled homes, which increases the resale value for the owners and generates additional property tax revenue for the City. You may recall that the HRA's initial recommendation was that this particular 50% ofthe 2006 CDBG funds also be devoted to the Riste Building (i.e., that 100% of the 2006 CDBG funds be used for that purpose). Upon further reflection and discussion, Dakota Country CDA staff recommended against that initial course of action. Thefirst 50% of the 2006 CDBG funds can be used for any "slum and blight" project without any requirement that the project satisfy the federal government's "usual" low-to-moderate income ("low-mod") guidelines. However, any use of the second 50% of that year's CDBG funds for a slum and blight project would have the effect of invoking the federal low-mod requirements. The Dakota County CDA was concerned that the City's range of redevelopment options for the Riste Building might be adversely affected by a requirement that the new developer accept residential tenants within specified income ranges, and/or by a requirement that prospective commercial tenants hire employees at or below certain income levels. In short, CDA staff members did not believe that the benefit of being able to use an additional $29,500 for abatement and demolition was worth the risk of potentially losing a desirable developer who couldn't satisfy the low-mod requirements, and ultimately the HRA agreed with that opinion. I have attached a proposed Resolution that has been prepared in the format required by the Dakota County CDA. If the Resolution is approved by the Council, an application that is consistent with the terms of the Resolution will be completed, attached to the Resolution and submitted to the Dakota County CDA. ACTION REQUESTED Motion to approve the attached Resolution regarding the City's application for Program Year 2006 Community Development Block Grant funding and approving the allocation of --50% of said funds to hazmat abatement costs and/or demolition costs associated with the redevelopment of the Riste building site, located at 209 Oak Street in Farmington, and --50% of said funds to the Dakota County CDA's housing rehabilitation loan program, with the understan 'ng that said funds will be used exclusively for the benefit of Farmington homeowners. RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF FARMINGTON FOR FISCAL YEAR 2006 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING WHEREAS, the City of Farmington is a participating jurisdiction with the Dakota County CDBG Entitlement Program for Fiscal Year 2006 (ending June 30, 2007); and WHEREAS, the Dakota County CDA is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested FY06 CDBG applications to be submitted based on a district formula allocation of funds approved in the 1984 Community Development Implementation Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby approves the following: 1. City staff are authorized to prepare, execute and file with the Dakota County CDA a FY06 CDBG application that is consistent with the direction provided by the City Council at its meeting on January 3, 2006. 2. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf of the City of Farmington, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. This resolution was adopted by vote of the City of Farmington on the 3rd day of January, 2006. Kevan Soderberg, Mayor Attested this 3rd day of January, 2006. Robin Roland, Acting City Administrator City of Farmington 325 Oak Street. Farmineton. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7,,0 TO: Mayor, Council Members, Acting City Admioistrator {?P c ~ Ken Lewis, Building Official FROM: SUBJECT: Fourth Quarter 2005 and Year-End New Construction Report and Population Estimate DATE: January 17,2006 INTRODUCTION The following report summarizes the new construction permits issued during the fourth quarter of 2005, the year-end building permit totals, and the year-end population estimate. DISCUSSION Fourth Quarter Building Permit Information: During the fourth quarter of the 2005 building construction season (October 1 st through December 31 st), the City issued 48 new single-family detached housing permits and 42 new multi-family permits, for a total of 90 new 4th-quarter housing permits. (Incidentally, this was more than the number of permits for the two prior quarters, combined.) Construction valuation for the single-family and multi-family homes totaled $9,723,500 and $5,289,500, respectively. 1 permit was issued for a new commercial project. This was for a mini storage with a valuation total of $944,640. The average building valuation of the single-family homes during the fourth quarter of 2005 was $198,439, up from $177,792 during the third quarter. The average building valuation of the townhome units during the fourth quarter of 2005 was $125,940, up from $124,490 during the third quarter. (Note that the valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part ofthe building code formula). Year-End Building Permit Information: The year-end figures reflected 109 new single-family units and 89 new multi-family units and for a total of 198 new building permits issued. (It should be noted that there were also 23 permits "pending" at the end of the year, most of which had completed the City review process; if these permits had been picked up and paid for by the developers by December 31, the total permits for the year would have been 221, which is close to last year's total of 227.) In addition, there were 8 permits issued in 2005 for new commercial projects. The 198 new residential permits resulted in a total new residential building valuation of $32,659,000. Of that year-end total, the valuation for new single-family home construction was $21,568,700, for an average valuation of $197,878 per single-family unit. The valuation for new townhouse construction was $11,090,300, for an average valuation of $124,611 per townhouse unit. The valuation for new commercial construction was $7,708,977. As noted above, these valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula. Year-End Population Estimate: At the beginning of2003, City staff decided that each quarterly building permit report should also include an updated population estimate for the City of Farmington. After discussing several methods of calculating population, a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance ofthe permit and the actual occupancy of the dwelling unit (Le., the time required to construct, market and sell the home). Accordingly, staff started with the City population as of April 1, 2000 (as determined by the U.S. Census Bureau) and then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of C.O.s was multiplied by 2.95, which was (according to the 2000 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 18,282 + 260 18,542 + 241 18,783 + 371 19,154 + 200 19,354 + 104 19,458 + 145 19603 + 62 19,665 + 77 19742 + 68 19810 Estimated Population as of December 31, 2003 = 88 Certificates of Occupancy issued for the period from 1/1/04 to 3/31/04 X 2.95 Estimated Population as of March 31, 2004 = 82 Certificates of Occupancy issued for the period from 4/1/04 to 6/30/04 X 2.95 Estimated Population as of June 30, 2004 = 126 Certificates of Occupancy issued for the period from 7/1/04 to 9/30/04 X 2.95 Estimated Population as of September 30, 2004 = 68 Certificates of Occupancy issued for the period from 10/1/04 to 12/31/04 X 2.95 Estimated Population as of December 31, 2004 = 35 Certificates of Occupancy issued for the period from 1/1/05 to 3/31/05 X 2.95 Estimated Population as of March 31, 2005 = 49 Certificates of Occupancy issued for the period from 4/1/05 to 6/30/05 X 2.95 Estimated Population as of June 30 , 2005 = 21 Certificates of Occupancy issued for the period from 7/1/05 to 9/30/05 X 2.95 Estimated Population as of September 30, 2005 = 26 Certificates of Occupancy issued for the period from 10/1/05 to 12/31/05 X 2.95 Estimated Population as of December 31, 2005 = 23 units brought in by annexation for the period from 10/1/05 to 12/31/05 X 2.95 Estimated Population as of December 31,2005 ACTION REQUIRED This item is informational in nature. No action is required. Respectfully Submitted, i,1eW<J> Ken Lewis Building Official (/) I- ~ 0::: w Cl.. C) Z ) ~ ::::I co ~ 0::: w I- 0::: <( ::::I o , - :s rJl :2:"" _ c: ;:Q)::::I Q) E zo= .cE ~ as oU- I- ... Q) '(}:5 =0 .Q :::: ::l as Cl.. c: ;:,g Q) ::l z~ rJl oS 0.....00"""" - "0 .!!! Q) .b ~ gj.!!! -g~ i 'E Q) ... zcf 00000 ~"O f: Q) Q) ::l E ::l E-;;; 8:g ;: ... Q) Q) zCl.. """"000..... ~ 'E Q) ~~ Q) c: 0:::::::1 (ij '0 I- N""",,N('l")CO ,...CO,...CO~ (ij 'E~ Q) .- o:::rJl ::l ;: 0 Q):I: Z ooo~~ .!!! 'c j ;: Q) z ONON'<t .!!l 'c ::::I U- (/) ;: Q) z N(J)N~r! ,... I'- I'-~, N ~ 1:: as ::l o (ij '0 -= I- o co 1i)-g"E=~ --C\,fC"')"l;f"..... co m m .... ... as Q) >- 0.....00..... 00.....0..... 00000 IllIll'<tmC'l '<tCOI'-~;!; 00:!~l2 00000 1ll1ll0C'l~ '<tCOCOCON (ij '0 ... 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(ij '0 -= I- o '<t c;;"g"E:58 .....C\I('l")VN '<t o o N 00000 00000 O('l") V""" c:o ....01'-000 NIllC'lm~ 00000 ooC'lCONm N.....-.;:rCO 00000 C"')............CX)~ .....NNV..... (ij '0 ~-=-=-=I- OOOOIll "U)"2"E:58 ....NC'l'<tN III o o N ?)Q., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers, Acting City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Approve Therapeutic Massage License DATE: January 17, 2006 INTRODUCTION Pursuant to City Ordinance 3-15-8, a public hearing must be held to issue a Therapeutic Massage License. DISCUSSION Valerie Geurin has submitted a license application to practice Therapeutic Massage at Hadler Family Chiropractic, located at 625 8th Street. The required attachments, fees and insurance information have been submitted with the application. The Farmington Police Department has reviewed the forms and approved the applications. The application did not need to be reviewed by the Planning Commission, as the business will be located in a B-1 zoning district. BUDGET IMPACT The fees collected are included in the revenue estimates of the budget. ACTION REOUIRED Approve a Therapeutic Massage License for Valerie Geurin at 625 8th Street. Respectfully submitted, h~,~q~ Lisa Shadick Administrative Services Director loa., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, Acting City Administrator t Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: 19Sth Street Extension to Trunk Highway 3 Project - Feasibility Report DATE: January 1 7, 2006 INTRODUCTION Forwarded herewith for Council's consideration is the feasibility report for the proposed 19Sth Street Extension to Trunk Highway 3 Project. DISCUSSION Project Description The proposed project consists of extending 19Sth Street from its current easterly terminus at Diamond Path Road westerly to Trunk Highway 3. A bridge over North Creek and the Canadian Pacific Railway is a necessary and key component of the project. The recommended alignment balances roadway geometrics and environmental impacts. The Dakota County East-West Corridor Preservation Study identified the 19Sth Street alignment through the City as part of an important route through the County (Alignment C). Alignment C will eventually connect Interstate 3S and TH 3. The proposed extension crosses the SeedlNewland property which is in the process of being annexed into the City as part of an orderly annexation agreement with Empire Township. This area was granted MUSA during the City's recent MUSA allocation process. Funding The County and the City have a previous agreement regarding cost sharing on this project (see attached, paragraph 6). The agreement states that the County will participate in the 19Sth Street project when the connection is made to Trunk Highway 3, per County policy. At this time, current county policy indicates that the County typically does not participate in projects that are development driven. Due to the fact that this project is at least partially development driven, yet, at the same time the 19Sth Street connection is part of a very important east-west connection and in light of the previous agreement with the City, County staff has indicated that it will recommend to the County Board that the County participate in a portion ofthe project costs. The County has indicated a willingness to fully participate per their cost sharing policy in the road section between Diamond Path and Road A (Segment 2) and in the engineering costs for the segment west of Diamond Path (Segment l) and the segment east of Road A (Segment 3). The remaining costs would be allocated between the City and Newland Communities. Generally, the City would fund the trunk water main and storm sewer improvements and Newland would fund the roadway, storm sewer and bridge costs not funded by the County. 195th Street Extension to Trunk Highway 3 Project Feasibility Report January 17, 2006 Page 2 BUDGET IMPACT The total estimated project cost is $12,133,000. The project costs are proposed to be allocated as outlined in the following table: Proposed Cost Allocations Item Part 1 - 195th Street Cost - S 1 &S3 Part 1 - 195th Street Cost - S2 Part 2 - Water Main Cost Part 3 - Storm Sewer Cost - S 1 &S3 Part 3 - Storm Sewer Cost - S2 Part 4 - Wetland Mit./Channel Rehab Cost Part 5 - Bridge Cost Total Project Cost Project Cost County City Newland $450,000 .. $1,908,333 $1,306,914 $1,024,000 $275,607 $232,827 $473,000 $2,025,124 $1,947,000 $5,748,805 $2,581,968 $2,870,032 $1,024,000 $275,607 $517,393 $223,635 $1,563,118 $284,566 $473,000 $4,391,000 $2,365,876 $12,133,000 $4,437,195 *Contribution from Mystic Meadows development ACTION REQUESTED Adopt the attached resolution accepting the feasibility report for the 19Sth Street Extension to Trunk Highway 3 Project. County staff intends to bring an item before the County Board at the end of January that would ask for authorization to execute an agreement with the City for 19Sth Street Project. After the Board has authorized their staff to move forward with the agreement process, City staff will bring this project back to Council for authorization to prepare plans and specifications. After the City, Dakota County and Newland have all entered into agreements to construct the project, staff would bring the project back to the Council to get authorization to advertise for bids. Respectfully submitted, ~h1~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -06 ACCEPTING FEASIBILITY REPORT FOR PROJECT 06-05 19Sth STREET EXTENSION TO TRUNK HIGHWAY 3 PROJECT Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of January, 2006 at 7:00 p.m. Members present: Members absent: seconded the following resolution. Member introduced and Member WHEREAS, pursuant to a resolution of the City Council adopted the 18th day of April 2005, a report has been made by the City's Consulting Engineer with reference to the following improvement: Proi. No. 06-05 ; and, Description Street and Bridge Improvements Location East of Embers Avenue to TH3. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Farmington, Minnesota that: 1. The Council will consider such street and bridge improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of improvement of $12,133,000. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of January, 2006. Mayor Attested to the day of January, 2006. Acting City Administrator SEAL March 29,2001 Telephone (65 I) 438-4438 FAX: (651) 438-4500 (criminal Division) FAX: (651) 438-4479 (Civil Division) FAX: (651) 438-4499 (Juvenile/Admin Division) E-mail: attorney@co.dakota.mn.us Direct Dial: (651) 438-4445 Email: Mike.Ring@co.dakota.mn.us OFFICE OF DAKOTA COUNTY ATTORNEY JAMES C. BACKSTROM COUNTY ATTORNEY Dakota County Judicial Center 1560 Highway 55 Hastings, Minnesota 55033-2392 Charles A. Diemer, Chief Deputy Karen A.5chaffer. First Assistant CITY ADMINISTRATOR CITY OF FARMINGTON CITY HALL 325 OAK ST FARMINGTON MN 55024 RE: Agreement for the Resolution of Project Funding for 195th Street and the Tumback of Akin Road in Farmington Our File No.: C-99-334 Sir or Madam: Enclosed please find a copy of the fully-executed Agreement referenced above. By copy of this letter, I am forwarding the original Agreement to Dakota County's Transportation Department for permanent recordkeeping. v --- Michael R. Ring Assistant Dakota County Attorney MRR:smm Enclosure c: Jennifer Cukrowski, Contract Specialist, Transportation Department, w/original Agreement Brandt Richardson, County Administrator, w/copy of Agreement LET/C99-3341tr Criminal Division Phillip D. Prokopowicz, Head Victim/Witness Coordinator Patricia Ronken Juvenile and protective Services Division Donald E. Bruce, Head Office Manager Norma J. Zabel Civil Division Jay R. Stassen, Head Community Relations Director Monica Bogner * An Equal Opportunity Employer s~'Z> 30% post-consumer , ' AGREEMENT FOR THE RESOLUTION OF PROJECT FUNDING FOR 195TH STREET AND THE TURNBACK OF AKIN ROAD IN FARMINGTON THIS AGREEMENT is made and entered into by Dakota County ("County") and the City of Farmington ("Farmington" or "City") and acknowledges the following terms and conditions:' 1. Farmington is preparing plans and specifications for construction of 1 95th Street from its intersection with Akin Road to a point as determined by the City Engineer, with construction planned to occur in calendar year 2001. 2. County recognizes the potential of 195th Street to serve as an east-west arterial road which could be incorporated into the County's highway system as shown in the County's 2020 Transportation Plan. 3. County is willing to assist Farmington financially in the development of 195th Street ~ in consideration for which Farmington will design, build and maintain the street in a manner which will preserve the ability of the street to meet future County highway needs. NOW, THEREFORE, the parties agree as follows: 1. Upon final execution of this Agreement by the proper officials for both parties, County will pay to Farmington the sum of $267,000.00 for the 195th Street project area. The City reserves the right to apply such proceeds in a manner prescribed and approved by its governing body towards public improvement costs on Akin Road. 2. Farmington will be solely responsible for carrying out all actions necessary to acquire needed right of way and to plan for and complete construction of the street in a manner which will meet County State Aid Highway standards as promulgated by the Minnesota Department of Transportation (MnDOn. 3. Farmington will acquire a right-of-way corridor at least 120 feet wide for 195th Street. If Farmington desires 19Sth Street to be a four-lane divided highway in the future, the right-of-way corridor must be 150 feet wide. 4. Farmington agrees that in the planning, construction and administration of 195th Street, it will provide access to properties which abut 19Sth Street in a manner consistent with the Dakota County Access Spacing Guidelines. 5. Farmington agrees that it will transfer jurisdiction and maintenance responsibilities for 195th Street over to County at such time as County determines it is appropriate to incorporate this segment of road into the County highway system. At that time Farmington will take all actions necessary to remove MSAS designation on the street so that it may be reclassified as a CSAH. 6. County will participate in construction of the fmal extension of 195th Street to Minnesota Trunk Highway 3 in accordance with Dakota County Transportation Plan policies. The fmal extension project will be the subject of a separate, written agreement between the necessary parties when the project is being planned and designed. 7. Farmington acknowledges and agrees that County participation in this 195th Street project shall serve to release County from any claims which have or could be raised by Farmington as to the jurisdiction, maintenance and responsibility for that portion of Akin Road between 190th Street and Dakota County State Aid Highway 50. The City of Farmington acknowledges that it has jurisdiction over and is solely responsible for maintenance and repair of that road segment. 8. The City agrees to defend, indemnify, and hold the County harmless against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents, consultants or contractors, who are responsible for the design, construction and maintenance of the road, subject to the limitations of Minnesota Statutes Chapter 466. 2 9. No person engaged in the work to be performed by the City shall be considered an employee of the County. Any claims that arise under the Worker's Compensation Act of this State on behalf of any City employee, while so engaged on any of the work called for in this Agreement shall not be the obligation or responsibility of the County. 10. Pursuant to Minnesota Statutes ~ 16B.06, subd. 4, any books, records, documents and accounting procedures and practices of the City and the County relevant to this Agreement are subject to examination by the County and either the Legislative Auditor or the State Auditor as appropriate. The City and the County agree to maintain these records for a period of three years from the date of performance of all services covered under this Agreement. 11. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding jurisdiction and control over both 195th Street and Akin Road, whether written or oral. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF FARMINGTON RECOMMENDED FOR APPROVAL: :z; >>7 ~ City Engineer By rJ,~~ Mayor APPROVED AS TO FORM: (SEAL) s:;;z--.t"'<~..._;~' nltY"Attorn~V ,.... / Date :3/ S-/() J . 3 RECOMMENDED FOR APPROVAL: ~.~. C un En 'neer COUNTY BOARD RESOLUTION NO. Date MD/C99-334 agreement 195th st DAKOTA COUNTY County A Date -:; be, I VI 4 Feasibility Report for 19Sth Street Extension to Trunk Highway 3 Farmington, Minnesota January 2006 File No. 141-05238 ~ Bonestroo .-::II Rosene ~ AnderIik & 1 \J 1 Associates Engineers & Architects 2335 West Highway 36 · St. Paul, MN 55113 Office: 651-636-4600 · Fax: 651-636-1311 www.bonestroo.com January 11,2006 Honorable Mayor and City Council City of Farmington 325 Oak Street Farmington, MN 55024 Re: 195th Street Extension to Trunk Highway 3 Our File No. 141-05238 Dear Mayor and Council: Enclosed for your review is the Feasibility Report for the 195th Street Extension to Trunk Highway 3. The proposed project includes constructing an extension of 195th Street which includes a bridge crossing of North Creek and the Canadian Pacific Railroad line. Wetland mitigation and channel rehabilitation of North Creek will be done to support the bridge crossing. Water main and storm water utility improvements will be constructed in accordance with the City's Water Supply and Surface Water Management Plans. This report describes the improvements necessary to provide roadway, trail, bridge and utility improvements. A proposed schedule and cost estimates for the proposed improvements are presented in the report. We would be pleased to meet with the City Council and Staff to discuss the contents of the report at any mutually convenient time. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK " ASSOCIATES, INC. U~.~ Erik G. Peters, P.E. Project Manager I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. ~ 5J./~ Erik G. Peters, P.E. Date: January 11. 2006 Reg. No. 42403 St. Paul, St. Cloud, Rochester, MN · Milwaukee, WI · Chicago. IL Affirmative Action/Equal Opportunity Employer and Employee Owned Table of Contents Page No. Letter of Transmittal 1 Table of Contents 2 Introduction 3 Discussion 3 Cost Estimates 10 Conclusions and Recommendations 11 Figures Figure 1 - Location Plan Figure 2 - Typical Sections Figure 3 - Proposed 2-lane Roadway Alignment Figure 4 - Ultimate 4 Lane Divided Highway Alignment Figure 5 - Water Main Improvements Figure 6 - Storm Sewer Improvements Figure 7 - Wetland Impacts and Mitigation Figure 8 - Bridge General Plan & Elevation Figure 9 - Bridge Transverse Section Figure 10 - North Cr Channel Rehabilitation (Re-meandering) Appendix Cost Estimates Alternative Short Bridge Design Review 195th Street Extension to Trunk Highway 3 2 Introduction The City Council has requested this report to determine the feasibility of extending 195th Street approximately 6200 feet east of its recently constructed terminus (constructed with Parkview Ponds Development). The extension of 195th Street will require crossing North Creek (a tributary of the Vermillion River) and a rail line owned by Canadian Pacific. Several alternative alignments were considered prior to determining the preferred alignment. Figure 1 depicts the general project location. The proposed improvements include: 1) Construction ofthe 195th Street easterly to Trunk Highway 3 2) Construction of a bridge spanning North Creek and the railroad 3) Wetland mitigation and North Creek channel rehabilitation for habitat improvements 4) Construction of trunk water main to serve the SeedlNewland Communities development Discussion Background Dakota County and the City of Farmington have determined that the extension of 1 95th Street is necessary to provide an east-west transportation corridor through the County and the City. The proposed extension of 1 95th Street will complete the connection of Pilot Knob Road with TH 3 (both currently minor arterial roads) in the north area ofthe City. The project will require a crossing of North Creek and the rail line that currently separate these two roadways. The crossing of North Creek and the rail line will provide a connection that will allow for a contiguous, efficient and pedestrian friendly route between the two roads. The proposed extension crosses an area that is in the process of being annexed into the City. This area is under an orderly annexation agreement with Empire Township. Farmington included this area during the City's recent MUSA allocation process. Street Innprovennents 195th Street currently extends from Akin Road to the east approximately one-half mile. 195th Street is shown on the City's Transportation Plan as an east-west connector and will be an important transportation corridor through the city. This project proposes to extend 195th Street east of Akin Road to Trunk Highway 3 (TH 3). TH 3 is a state highway. The proposed extension would be designed to meet State Aid standards and would be constructed to the standards of a City and County roadway. The Dakota County East-West Corridor Preservation Study identified the 195th Street alignment through the City as part of an important route through the County (Alignment C). Alignment C will eventually connect Interstate 35 and TH 3. Based on the finding of the County's study, the 195th Street Extension to Trunk Highway 3 3 roadway will be classified as a minor arterial. The study indicated that this section of the route will ultimately be a four lane roadway to carry the anticipated traffic volumes. The road will be designed to State Aid standards. The City will build two lanes of the roadway and the County will construct the final two lanes in the future. The City will grade through the wetland area on both sides of the railroad bridge for the ultimate four lane section. Only two lanes of the bridge will be built at this time. It is anticipated that the roadway would transfer from a city street to a county road at the completion of the project. The proposed road sections are shown on Figure 2. The construction of a 10' trail is proposed on the north side of the new roadway. The proposed trail will connect the existing trail system on 195th Street from Akin Road to TH 3. The ultimate four lane section will include a 10' trail on the south side of the new road. The pathway will be constructed according to County and City standards and policies. Installation of street lights at the intersections and the railroad bridge is included in the cost estimate. The City may want to consider a separate agreement for the installation and long term maintenance ofthe street lights. Alignment Considerations Balancing the needs of motorists, pedestrians and the environment is a key component of this project. Two horizontal alignments were reviewed to determine the most feasible location for the roadway expansion. The first alignment reviewed impacted multiple areas of wetlands and was removed from further analysis. The second alignment is the one presented in this report. The proposed alignment was chosen for the following reasons: 1. The proposed alignment minimizes impacts to wetlands. 2. The route will provide a direct east-west connection between Pilot Knob Road and TH 3 and meet Minnesota Department of Transportation (MnDOT) design guidelines for a 55 mph roadway. 3. The alignment provides feasible connections with other planned roads and developments in the area. Figure 3 depicts the centerline and construction limits for the City's proposed extension of the roadway. Figure 4 shows the future four lane roadway alignment. Alignment Design Issues During the preliminary design process, many factors were analyzed to determine feasible horizontal and vertical alignments. Horizontally, the roadway has two main curves and a straight tangent section over the creek and railroad. In order to meet County design guidelines for a 55mph design speed, the roadway curve sections will include superelevation (tilting of the roadway) to assist vehicles in maneuvering the curves. Generally two thirds of the superelevation transition from a regular road section to a superelevated section is placed on the straight portion and one third occurs in the curve. For this design, half of the transition is in the straight section and half is in the curve. The superelevation transition rates were also modified from the MnDOT standard 1 :400 to the MnDOT minimum of 195th Street Extension to Trunk Highway 3 4 1 :215. These modifications were done to make the intersection locations safer and meet Dakota County intersection standards. Dakota County's Access Management Plan states intersections will be spaced no closer than ~ mile on roadways of this type. The eastern minor road intersection (Road A) is located approximately 1000 feet west of the TH 3 intersection. The County will allow this variance for these reasons: 1. The site constrains the available location of an intersection outside of a superelevation and with grades less than 3%. 2. No other intersections will occur between TH 3 and the bridge over the rail line. 3. The intersections west ofthe rail line are separated by ~ mile. A transition moving the north lanes to the south side of the right-of-way is planned on the east end of the project to match into a proposed road east of TH 3. The transition will be reconstructed when the ultimate four lane section is constructed on both sides ofTH 3. Vertically, the alignment of the road is raised out of the floodplain on the west end of the project. The road will be constructed high enough to provide adequate cover for storm sewer. The road will ascend 29' above the railroad tracks. This height will provide the required clearance for bridge beam depth and trains. The hauling of borrow material from offsite to form the embankments is a significant project cost. However, based on discussions with the representatives of the SeedlNewland property, this report does not anticipate an onsite borrow pit. MnDOT and TH 3 Intersection Design Issues The existing conditions at the intersection ofthe proposed roadway and TH 3 indicate the need to change the grades of TH 3 before a signal could be constructed at the intersection. The grade of the roadway north of the intersection is greater than desired for the southbound traffic if a stop condition is present at the 195th Street alignment. MnDOT has a preliminary design to raise TH 3 and provide safer conditions for a signalized intersection with 195th Street. The TH 3 improvements could be constructed with the 195th Street extension or when the ultimate four lane section is built depending on funding availability. MnDOT's most current cost estimate for the full build construction is $5.37 million (excluding right of way acquisition costs). An interim design 2-lane divided highway is estimated at $2.65 million (including 20% project development costs). Dakota County and MnDOT do not support the full four-lane divided section for 195th Street at the intersection of TH 3 until the highway is improved to a similar section. Regardless, transition design requirements between a 2-lane and 4-lane roadway for 195th Street won't allow the transition location to be pushed further west. The entire 4-lane roadway would need to be built as one piece when traffic volumes warrant and funding permits the construction of the ultimate section. 195th Street Extension to Trunk Highway 3 5 Water Main Improvements The proposed water main improvements are shown on Figure 5. The proposed 20" and 12" trunk water main extension will be constructed as part ofthis project. The trunk main will allow for the City to serve the SeedlNewland Communities development with water and a water reservOIr. Storm Water Improvements Three separate storm drainage systems will be constructed as shown on Figure 6. The drainage systems will be designed to convey drainage from the ultimate section. Drainage west of the railroad will be routed to a future pond within and adjacent to Mystic Meadows Development. To minimize the elevation of 195th Street while maintaining desired pipe cover under the road and reduce pipe length, the pond in Mystic Meadows will be expanded. The estimated pond expansion costs are included in the cost estimate for the project. Drainage east of the railroad will follow the road profile to one of two regional ponding basins as proposed in the Seed/Genstar AUAR and the Newland AUAR Update to the Surface Water Management Plan (currently in draft form). Regional ponding basin excavation as needed to handle proposed drainage from 195th Street is included in the cost estimate for the project Wetland Impacts and Mitigation Each alignment alternative analyzed would require wetland mitigation. The amount of wetland impact for the selected alignment is estimated on Figure 7. Wetland impacts were minimized in the following ways: 1. Road alignment across the floodplain was shifted north to minimize wetland impacts. 2. The roadway embankment slopes down to North Creek and its adjacent wetlands are designed at 3:1 versus the typical 4:1 which is more steep but requires less area. 3. The boulevard width beyond the trail was reduced from 7 feet to 2 feet in the vicinity of North Creek and its adjacent wetlands, necessitating a 5' fence (chain link) at the top of the 3: 1 slope. 4. The bridging option over North Creek is a span type versus box culverts which would have required more fill and therefore more wetland impacts. Wetlands must be replaced at a two to one ratio, meaning that for every acre of wetland impacted, two acres must be created. On Figure 7, four potential wetland mitigation sites are identified within largely un-developable areas within the existing floodplain for North Creek. The 4 sites exceed the total area needed for this project. During project design the location of wetland mitigation will be finalized. Wetland banking is also an option with the extra sites. 195th Street Extension to Trunk Highway 3 6 Wetland mitigation credits are available for purchase through the Board of Water and Soil Resources (BWSR) wetland bank. Because the proposed project is development driven, the City would be required to reimburse BWSR for the mitigation credits. Cost for purchasing bank credits would be approximately $35,420/acre. Because mitigation is possible in the project area, this report does not assume any credits will be purchased from BWSR. The City will incur on-going costs for wetland monitoring for the wetlands created on-site. The costs are estimated at $1,500 per year and will be required until the created wetlands are established. Generally, once the wetlands are created, the establishment period will range from 2 to 5 years. Bridge Design The construction of a multi-span two-lane bridge crossing over the Canadian Pacific Railroad, North Creek, and MCES trunk sewer is presented in this report. At the east end of the bridge an additional span beyond the rail road tracks allows for a 32-foot roadway and to-foot bicycle/pedestrian path to pass under the bridge. The existing channel alignment of North Creek will be relocated east of its current location to minimize the total bridge length. The bridge general plan, elevation and cross section are shown in Figures 8 & 9. The proposed structure is a 7-span precast pre-stressed concrete girder bridge with a nine-inch concrete deck. The bridge cross section shown in Figure 9 meets State Aid standards for an urban section road. A short stretch of urban section (curb and gutter) will be required to transition between the bridge and the 8 foot rural section shoulder proposed for the remainder of the east-bound road to meet State Aid standards for the bridge. The bridge will cross a railroad (mainline track, a switching track, and a maintenance road). Design concepts used for preparing layouts and cost estimating accommodate typical railroad standards and guidelines. Other railroad issues will have to be coordinated with both the Canadian Pacific and the Union Pacific railroads. The Canadian Pacific owns the rail lines and right-of-way; however, they have recently turned over the operations of this line to the Union Pacific. Communications will be through the Canadian Pacific railroad. Initial conversations with the Canadian Pacific railroad indicate that standard clearance requirements will apply to this project. A two-lane bridge would be constructed at this time. As traffic demands increase, a twin bridge would be constructed to the south and conversions made to provide for four-lanes with an 8-foot median. The bridge design for the ultimate 4-lane highway could take a couple of forms. A separate 2-lane bridge could be constructed similar to the current design. The other option is to expand the width of the current bridge to 4 lanes with a center median (minimum 8 foot). Should the bridge be expanded, the F-rail barrier on the existing bridge can be removed and replaced with an 8-foot median. The estimate prepared for this report includes costs devoted to aesthetic enhancements that upgrade the appearance of a standard bridge. At the time the project moves forward, architectural concepts and themes will be studied with the County, City and developer and presented for further consideration. The project estimate includes about $210,000 that could be 195th Street Extension to Trunk Highway 3 7 used for secondary aesthetic features including embellishments, railing upgrades, surface colors and textures, and lighting. Principal aesthetic factors including superstructure type and shape, pier placement and shape, geometry, and bridge/site integration are either described in this report or will follow standard MnDOT practice. Landscape features such as planter areas at the bridge ends are not planned aesthetic upgrades. Precast panels that could be used to enhance the elevation view of the bridge are not planned aesthetic upgrades. North Creek Channel Rehabilitation The existing North Creek channel will be relocated east of its current location. The relocation will be part of a larger channel rehabilitation project to improve the ecology of the Creek. The conversion of the existing straight channel (due to agricultural ditching) into a meandering channel with varying geomorphologic habitat (i.e. pools, runs, etc.) is proposed (Figure 10). The relocation of the channel will also save bridge costs by reducing the total bridge span. The meandering channel will be located under bridge with the longest span (110 feet) to allow for creek to freely meander. Because of a limited window of time for in channel work under MnDNR permit rules (see below under Environmental Considerations) it is unlikely that the channel rehabilitation project will be completed the same year as the bridge construction. We have discussed the issued with MnDNR staff and a delay in undertaking all or part of the channel improvements for a year or two will be acceptable. A temporary channel similar to the existing channel will need to be constructed under the bridge to facilitate the bridge construction. Environmental Considerations and Review The MnDNR has indicated that construction work within the channel for North Creek will likely be restricted/prohibited between September 1 st and April 1 st due to the downstream Vermillion River being a designated trout stream. North Creek itself is not a trout stream but a warm water fishery stream. An update to the Seed/Genstar AUAR will need to be prepared for 19Sth Street. The completed Seed/Genstar AUAR for this area did not specifically look at 19Sth Street except for traffic issues. Impacts associated with crossing North Creek can now be addressed. Minnesota Rule 4410.3610 Subp. 7 defines the process for updating an AUAR. The process is a shortened version of the AUAR process. It includes the following steps: 1) Revise the AUAR analysis and document to reflect the proposed changes (3 weeks) 2) The RGU (City) distributes the revised environmental analysis document to all agencies and individuals on the EA W distribution list (1 week) 3) Reviewers have 10 days from the date of receipt of the revised document to file an objection to the document. (2 weeks) 195th Street Extension to Trunk Highway 3 8 4) Ifno objections are received, the RGU shall adopt the revised environmental analysis and mitigation plan at its first regularly scheduled meeting held 15 or more days after the distribution of the revised document. The RGU will notify the EQB that the review process is complete, and the document is adopted. (1-2 weeks) 5) If an objection is filed with the City, the City shall consult with the objecting agency within five days of receipt of the objection about the issues raised in the objection, and shall advise the EQB staff of its proposed response to the objection. The City, the objecting agency, and EQB staff shall meet as soon as practicable to attempt to resolve the issues raised in the objection. Within 30 days after receipt of the objection, the RGU shall submit a written response to the objecting agency and the EQB chair. The agency has five days to advise the EQB chair of whether it accepts the response and withdraws its objection, or continues to object. Ifthe agency continues to object, the issue is placed on the next EQB meeting agenda. The EQB then determines whether the AUAR is adequate. We estimate that Tasks 1 - 4 can be completed in 8 weeks. Unless there is a major objection to the AUAR revision, the process would be completed at this point. The AUAR update has already commenced as Newland Communities is funding the cost in the same manner that the initial AUAR was funded. Easements and Permits The crossing of North Creek will require coordination with the following agencies: Wetland Conservation Act (wetland impacts/replacement) Minnesota Department of Natural Resources (creek crossing) US Army Corp of Engineers (404 permit - wetlands) An NPDES permit from the MPCA will be required for the project. North Creek is not a trout stream and outside of the MPCA NPDES special waters permit area. The City is the Local Government Agency administering the Wetland Conservation Act (WCA). Wetland impacts and subsequent replacements will be permitted through the City. A permit from the DNR will be required for dewatering in general and construction of a trunk water main under North Creek A permit from MnDOT will be required for the intersection construction with TH 3. Water main construction will require a permit from the MN Department of Health A permit will be needed from Canadian Pacific Railway for the bridge crossing and water main installation under the tracks by jacking. Coordination with the Canadian Pacific and Union Pacific railroads along with agreements regarding maintenance and shared costs will also be needed. 195th Street Extension to Trunk Highway 3 9 Cost Estimates The project costs are presented below. An itemized cost estimate is provided in the appendix. The cost estimate is based on 2006 construction costs and includes 10% for contingencies and 27% for engineering, legal and administration. The estimated project cost does not include costs for easement or right-of-way acquisition. Estimated Project Costs 195m Street Extension to Trunk Highway 3 Total Estimated Project Costs ~~~~~~Y-_~Q~_L_______________________________________________________________________________________________________________________________________________~_~~~E..~!QQQ ~_~!~!_~!1_~~J!!'J~~QY_~!!'_~Q!~____________________________________________________________________________________________________________________________l1_~Q~_~QQQ ~!~~!!'__~~~~!_'~P.EQ_Y_~~_~~!~______________________________________________________________________________________________________________________________~I~_~_LqQQ '!.Y_~!!~!l_~L~j!i_9~!JQ_~_~_~b!1_~Q~J__~~b!1_~!~~!~!jQ_~_________________________________________________________________-------------------------------~~!-~.!QQ-Q ~!!~9~_g,~~!________________________________________________________________________________________________________________________________________________________~_~~~~_1_!Q-QQ --------------------------------------------------Ui-------------------------------------------------------------------------------------------------------------------------------------------- ______________________________!~!~L~_~_~____~!~~~_!__~_~_~!1.~_~~_~__!~_!~~_~_~_~_~g_~~~Y__~_~_~!!_____________-----------'-~-~!-~-~-~!QQ-Q 195th Street Extension to Trunk Highway 3 10 Conclusions and Recommendations The proposed improvements in this report are feasible and cost-effective as they relate to general engineering principles and construction procedures. The feasibility of this project as a whole is subject to a financial review. The proposed improvements are necessary to provide a contiguous east/west connection through the City and Dakota County. It is the goal of the City to provide a safe and continuous extension of 195th Street while minimizing impacts and cost where possible. Based on information contained in this report, it is recommended that: 1. This report be adopted as the guide for the street extension and described utilities; 2. The City conduct a legal and fiscal review ofthe proposed project; 3. The 195th Street extension be constructed as outlined in this report; 4. The following tentative schedule be implemented for the project: 195th Street Extension Proposed Project Schedule: The project is envisioned at this time to be constructed under 2 or 3 separate construction contracts. The first contract would be for mass grading and water main construction in fall of 2006. The bridge construction, drainage and road construction would be accomplished in 2007. The North Creek channel rehabilitation work would occur once the bridge is constructed. Because of construction timing issues, the channel work will likely be a separate project in 2008. Tentative Schedule: Accept Feasibility Report January 17, 2006 Authorize Preparation of Plans and Specifications February 6,2006 Approve Plans and Specifications and Authorize May 1, 2006 Advertisement for bids Bid Date May 26, 2006 Accept Bids - A ward Contract June 5, 2006 Begin Construction July, 2006 Substantial Completion of 2006 Construction November, 2006 Final Completion of Construction September, 2008 195th Street Extension to Trunk Highway 3 11 Figures ~~,.~- ~El ~@~"@!H!H!E ~ ~~l,;~ ~~a= \Vd iI~ 1/f!!i~ .;. ~. ~ F l~1 I ~~" ~. ~ ~; _ / ( \\/ Yffi l~ ....J JF'i1!Jm. ,\'" ~5~~ 5T ET " "" [IT ~ _ CL ~ 'i- ~ ~v~i F""d I " TIT1 rr~ " ~~ 1\, ~ ~LI ~I.~ w ~?>- 1= U I ~ I~IID '<V If:j~ L'! 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"" 0 ~ ('1)"", 0 !if (J) Xi" Appendix Alternative Short Bridge Design Review The draft feasibility report presented a design incorporating a shorter 3-span bridge and would cross only the railroad tracks. The crossing of North Creek would have been done with 5 large box culverts. This bridge would not have had an extra span east of the tracks. This bridge option was designed for the ultimate 4-lane bridge width to take advantage of long term cost savings in design and construction. To facilitate the safe crossing of pedestrians and bicycles between north and south side of 195th Street, an underpass was planned for both the east (approx. Sta. 33+50) and west (approx. Sta. 48+50) ends of the project. The proposed underpasses would have been constructed using 12-ft x 10-ft precast concrete box culverts and cast-in-place concrete headwalls/wingwalls. The shorter bridge would not have spanned the existing 48" sanitary sewer pipe along the railroad. The sewer pipe is owned by the Metropolitan Council. The pipe would not have supported the additional loading anticipated with this project. The crossing of the railroad requires the construction of an embankment to the bridge that will add about 35 feet of fill over the existing sanitary sewer pipe. To deal with the increased loads on the sewer pipe, a replacement bypass pipe was planned to be placed just to the west of the existing pipe. This design was not presented as the recommended option in this final report for the following reasons: 1. The recommended long bridge design costs less to construct and addresses immediate needs. The costs of the sanitary sewer bypass, the pedestrian underpass and a significant amount of fill are saved with this option. 2. The developer of the adjacent property preferred a design with an extra span east of the tracks to allow for a road and trail to pass under the road and provide more connection between parcels on each side of the road. 3. The MnDNR supports efforts to relocate North Creek as part of a larger channel rehabilitation effort and reduce the bridge length. The MnDNR also prefers bridge crossings in contrast to culvert crossings for stream ecology reasons. The cost estimate for the short bridge option and its parts are presented below for reference only. Alternative 19Sth Street Extension to Trunk Highway 3 Total Estimated Project Costs !3:.~~~_~_~Y__f~_~_~__________________________________________________________________________________________________________________________________________________~1.~~.Q_Q!QQQ ~f~~__~_~~~!~!Y__~~~~_rJ~~y~f~_~_~_________________________________________________________________________________--------------------------------------~~~-?!Q.Q-Q ~~!~!:_~~~Q._'!!I_p.~_9_Y..~!!I_~~!~_____________________________________________________________________________________________________________________________~J_~Q?~!Q_QQ ~!~~!!I__~_~~~!:_!~P..~~_Y..~~_~Q.!~__________________________________________________________________________________________------------------------------------~~~-~!Q.Q-Q ~~!!~!:'_~L~_i_~i_g~!~~_Q._______________________________________________________________________________________________________________________________________________~1~_~!QQQ !3:.!3:._~!!~9_~_f2~!________________________________________________________________________________________________________________________________________________~_~!1~_~!QQQ ~~_~~~!r!~!:'__~_Q.~~rQ~_~~_!~~!:'_~~~________________________________________________________________________________________________________________________~~~J_!QQQ North Creek Culvert Cost $1 ,777 ,000 --------------------------------------------------lfi.--------------------------------------------------------------------------------------------------------------------------------------------- ______________________________!~!!~__~_~_~____~!~_~~_t~!~_~!!~~_~_~__!~_!~~_~~__~_~g_~~~Y__~_~~~L_____________________'-~_~!Z~_~!_QQ_Q ~ =::roo -=- Anderflk & 1\11 Associates Englneers " ArdIitectI Bridae Cost Estimate - Feasibility Report City of Farmington 195th Street Bridge over CP Railroad Bridge No. 19XXX (two lane bridge - 7 total span) BRA Pro.ect No. 000141-05238-0 Page: Prepared By: GWM Date: 12/20/05 Reviewed By: Date: Item No. Item 2021.501 Mobilization 2301.601 Bridge Approach Panels 2401.501 Structural Concrete (1A43) 2401.501 Structural Concrete (3Y 43) 2401.512 Bridge Slab Concrete (3Y36A) 2401.513 Type F Railing Concrete (3Y 46) 2401.513 Type P-1 Railing Concrete (3Y 46) 2401.513 Type P-2 Railing Concrete (3Y 46) 2401.541 Reinforcement Bars 2401.541 Reinforcement Bars (Epoxy Coated) 2401.601 Structure Excavation 2402.603 Structural Tube Railing Design T-1 2402.583 Ornamental Metal Railing Type Special 2402.591 Expansion Joint Devices, Type 4 2402.595 Bearing Assembly 2404.501 Concrete Wearing Course (3U17A) 2405.502 Prestressed Concrete Beams, Type 45M 2405.511 Diaphragms for Type 45 Prestr. Beams 2411.604 Architectural Surface Treatment 2411.604 Architectural Concrete Texture 2411.618 Arch. Surface Finish (Single Color) 2411.618 Arch. Surface Finish (Multi Color) 2411.618 Anti-Graffiti Coating 2452.507 CIP Concrete Piling Delivered, 12" 2452.508 CIP Concrete Piling Driven, 12" 2452.519 CIP Concrete Test Pile, 75 Ft Long, 12" 2452.519 CIP Concrete Test Pile, 65 Ft Long, 12" 2514.501 Concrete Slope Paving 2545.501 Electrical Light System 2545.509 Conduit System (Lighting) Total Unit Quant. LS 1 LS 1 CY 472 CY 1,090 SF 31,816 LF 644 LF 644 LF 644 LBS 28,880 LBS 482,682 LS 1 LF 637 LF 637 LF 256 Each 78 SF 21,942 LF 3,460 LF 964 SY 960 SF 460 SF 14,400 SF 460 SF 14,860 LF 16,300 LF 16,300 Each 4 Each 12 SY 740 LS 1 LS 1 Unit Price $155,000 $35,000 $250 $350 $8 $60 $75 $50 $1 $1 $85,000 $75 $150 $125 $700 $4 $150 $60 $15 $15 $2 $4 $1 $23 $2 $5,500 $5,000 $75 $55,000 $9,000 BRIDGE COST SUBTOTAL +10% Construction Contingencies BRIDGE CONSTRUCTION COST +27% Engineering, Legal, Fiscal, Administration TOTAL BRIDGE COSTS Total $155,000 $35,000 $118,000 $381,500 $254,528 $38,640 $48,300 $32,200 $21,660 $410,280 $85,000 $47,775 $95,550 $32,000 $54,600 $87,768 $519,000 $57,840 $14,400 $6,900 $21,600 $1,840 $14,860 $374,900 $32,600 $22,000 $60,000 $55,500 $55,000 $9,000 $3,143,241 314,324 $3,457,565 $933,542 $4,391,107 COST ESTIMATES 195th Street Extenstion to Trunk Highway 3 January 2006 'ART 1 - 195TH STREET lItem Units Qty Unit Price Total Price I MOBILIZATION LS 1 $75,000.00 $75,000.00 TRAFFIC CONTROL LS 1 $1,600.00 $1,600.00 CLEARING AND GRUBBING AC 4 $2,000.00 $8,000.00 SA WING BITUMINOUS PAVEMENT LF 150 $3.00 $450.00 REMOVE BITUMINOUS PAVEMENT SY 1100 $3.00 $3,300.00 COMMON EXCA V A TION (EV) CY 90500 $2.00 $181,000.00 COMMON BORROW (CV) CY 255000 $6.50 $1,657,500.00 GRANULAR BORROW (CV) CY 50000 $10.00 $500,000.00 SELECT GRANULAR BORROW CY 44000 $12.00 $528,000.00 AGGREGATE SHOULDERING, CLASS 2 TN 360 $20.00 $7,200.00 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 18650 $11.00 $205,150.00 B418 CONCRETE CURB AND GUTTER LF 5510 $12.00 $66,120.00 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 6600 $40.00 $264,000.00 BITUMINOUS MATERIAL FOR TACK COAT GAL 2600 $2.50 $6,500.00 TYPE MV 3 WEARING COURSE MIXTURE (B) TN 3350 $40.00 $134,000.00 BITUMINOUS TRAIL TN 900 $40.00 $36,000.00 PAVEMENT MESSAGE, LEFT - THRU ARROW - EA 2 $250.00 $500.00 EPOXY PAVEMENT MESSAGE, LEFT TURN ARROW - EA 10 $200.00 $2,000.00 EPOXY PAVEMENT MESSAGE, RIGHT TURN ARROW - EA 12 $200.00 $2,400.00 ~POXY 4" SOLID LINE, WHITE EPOXY LF 13600 $0.35 $4,760.00 4" DOUBLE SOLID LINE, YELLOW EPOXY LF 6050 $0.70 $4,235.00 PAVEMENT MESSAGE, LEFT - THRU ARROW - EA 2 $100.00 $200.00 PAINT PAVEMENT MESSAGE, LEFT TURN ARROW - EA 10 $75.00 $750.00 PAINT PAVEMENT MESSAGE, RIGHT TURN ARROW - EA 12 $75.00 $900.00 PAINT 4" SOLID LINE, WHITE PAINT LF 13600 $0.25 $3,400.00 4" DOUBLE SOLID LINE, YELLOW PAINT LF 6050 $0.32 $1,936.00 ZEBRA CROSSWALK, WHITE EPOXY SY 250 $54.00 $13,500.00 INSTALL SIGN TYPE C EACH 50 $150.00 $7,500.00 OVERHEAD STREET LIGHT EA 6 $5,000.00 $30,000.00 5' HIGH CHAIN LINK FENCE LF 1500 $15.00 $22,500.00 SILT FENCE, TYPE MACHINE SLICED LF 13500 $2.50 $33,750.00 TOPSOIL BORROW (CV) CY 1000 $12.00 $12,000.00 SEEDING WITH MNDOT SEED MIX 250 AC 15 $800.00 $12,000.00 MULCH MATERIAL, TYPE 1 TN 28.0 $200.00 $5,600.00 EROSION CONTROL BLANKETS, CATEGORY 3 SY 36000 $1.60 $57,600.00 SODDING, LAWN TYPE SY 5170 $2.50 $12,925.00 PART 1-195TH STREET SUBTOTAL $3,902,276 + 1 0% Construction Contingencies $390,228 TOTAL PART 1 - 195TH STREET CONSTRUCTION COST $4,292,504 + 27% Engineering, Legal, Fiscal, Administration $1,158,976 OTAL PART 1- 195TH STREET COST $5,451,480 195th Street Extension Appendix PART 2 - WATER MAIN lItem MOBILIZATION )EW A TERING :ALV AGE AND REINSTALL HYDRANT REMOVE GATE VALVE AND BOX REMOVE WATER MAIN CONNECT TO EXISTING WATER MAIN 6" DIP WATER MAIN, CLASS 52 8" DIP WATER MAIN, CLASS 52 12" DIP WATER MAIN, CLASS 52 16" DIP WATER MAIN, CLASS 51 20" DIP WATER MAIN, CLASS 51 20" WATER MAIN, JACKED 6" GATE VALVE AND BOX 8" GATE VALVE AND BOX 12" GATE VALVE AND BOX 20" GATE VALVE AND BOX 12" X 6" TEE 12" X 12" TEE 20" X 6" TEE 20" X 8" TEE 20" X 16" CROSS 20" 11 .25 DEGREE BEND 20" 22 .5 DEGREE BEND 20" 45 DEGREE BEND 8" X 6" REDUCER 12" X 6" REDUCER 6" X 6" REDUCER :0" X 12" REDUCER INSTALL HYDRANT INSULATION, 2" THICK PART 2 - WATER MAIN SUBTOTAL + 1 0% Construction Contingencies TOTAL PART 2 - WATER MAIN CONSTRUCTION COST + 27% Engineering, Legal, Fiscal, Administration TOT AL PART 2 - WATER MAIN COST Units LS LS EA EA LF EA LF LF LF LF LF LF EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA SY 195th Street Extension Qty Unit Price 1 $22,000.00 1 $64,200.00 1 $1,500.00 1 $200.00 5 $20.00 1 $2,000.00 60 $25.00 150 $25.00 1040 $40.00 300 $50.00 4810 $65.00 270 $550.00 6 $900.00 1 $950.00 2 $1,600.00 9 $5,500.00 1 $400.00 1 $450.00 5 $1,100.00 1 $1,500.00 4 $3,000.00 6 $1,200.00 2 $1,200.00 7 $1,200.00 1 $150.00 1 $300.00 2 $430.00 1 $1,000.00 10 $2,000.00 30 $20.00 Total Price I $22,000.00 $64,200.00 $1,500.00 $200.00 $100.00 $2,000.00 $1,500.00 $3,750.00 $41,600.00 $15,000.00 $312,650.00 $148,500.00 $5,400.00 $950.00 $3,200.00 $49,500.00 $400.00 $450.00 $5,500.00 $1,500.00 $12,000.00 $7,200.00 $2,400.00 $8,400.00 $150.00 $300.00 $860.00 $1,000.00 $20,000.00 $600.00 $732,810 $73,281 $806,091 $217,645 $1,023,736 Appendix PART 3 - STORM SEWER litem Units Qty Unit Price Total Price I MOBILIZATION LS 1 $20,000.00 $20,000.00 mw A TERING LS 1 $47,500.00 $47,500.00 15" RCP STORM SEWER, CLASS 5 LF 2350 $25.00 $58,750.00 18" RCP STORM SEWER, CLASS 5 LF 1060 $27.00 $28,620.00 21" RCP STORM SEWER, CLASS 4 LF 250 $31.00 $7,750.00 24" RCP STORM SEWER, CLASS 3 LF 310 $35.00 $10,850.00 30" RCP STORM SEWER, CLASS 3 LF 400 $45.00 $18,000.00 33" RCP STORM SEWER, CLASS 3 LF 150 $50.00 $7,500.00 36" RCP STORM SEWER, CLASS 3 LF 2130 $55.00 $117,150.00 15" RCP PLUG EA 16 $55.00 $880.00 15" FLARED END SECTION, INCLUDING TRASH EA 3 $750.00 $2,250.00 GUARD 24" FLARED END SECTION, INCLUDING TRASH EA $1,200.00 $1,200.00 GUARD 36" FLARED END SECTION, INCLUDING TRASH EA 5 $2,000.00 $10,000.00 GUARD 2' X 3' CATCH BASIN EA 4 $1,200.00 $4,800.00 4' DIAMETER STORM CBMH EA 19 $1,600.00 $30,400.00 5' DIAMETER STORM CBMH EA 14 $2,300.00 $32,200.00 6' DIAMETER STORM CBMH EA 2 $3,000.00 $6,000.00 7' DIAMETER STORM SEWER MH EA 1 $5,000.00 $5,000.00 4" PERFORATED PVC DRAIN TILE, SCHEDULE LF 1000 $12.00 $12,000.00 SDR 26 CONNECT DRAIN TILE TO STRUCTURE EA 10 $100.00 $1,000.00 CLASS III R1PRAP, PLACED AT FLARED END CY 160 $70.00 $11,200.00 SECTION )ROTECTION OF CATCH BASIN IN STREET EA 37 $400.00 $14,800.00 vINDOT SEED MIX 350 AC 4.2 $1,000.00 $4,200.00 EROSION CONTROL BLANKETS, CATEGORY 2 SY 3420 $1.50 $5,130.00 MULCH MA TERlAL, TYPE 1 TN 8.4 $200.00 $1,680.00 SILT FENCE, TYPE MACHINE SLICED LF 2920 $2.50 $7,300.00 POND EXCA V A TION (BV) CY 37400 $2.50 $93,500.00 FLOTATION SILT CURTAIN, STILL WATER LF 540 $15.00 $8,100.00 PART3-STORMSEWERSUBTOTAL $567,760 + 1 0% Construction Contingencies $56,776 TOTAL PART 3 - STORM SEWER CONSTRUCTION COST $624,536 + 27% Engineering, Legal, Fiscal, Administration $168,625 TOTAL PART 3 - STORM SEWER COST $793,161 195th Street Extension Appendix PART 4 - WETLAND MITIGATION & CHANNEL REHABILITATION litem Units Qty ilOBILIZA TION LS 1 CLEAR AND GRUB LS 1 COMMON EXCA V A TION (EV) CY 10900 BYPASS PUMPING LS 1 CHANNEL EXCAVATION (P) CY 12000 CHANNEL GRADING/FINAL SHAPING LF 9000 GRASS CLUMP TRANSPLANTING SY 1800 SEEDING AC 7 WETLAND SEEDING AND PLANTING AC 4.5 EROSION CONTROL BLANKETS, CATEGORY 3 SY 16000 MULCH MA TERlAL, TYPE 1 TN 22 WETLAND MITIGATION MONITORING LS 1 SILT FENCE, TYPE MACHINE SLICED LF 2000 PART 4 - WETLAND MITIGATION & CHANNEL REHAB SUBTOTAL Unit Price $15,000.00 $10,000.00 $3.00 $12,000.00 $10.00 $5.00 $25.00 $1,000.00 $3,500.00 $1.50 $200.00 $3,000.00 $2.50 + 1 0% Construction Contingencies TOTAL PART 4 - WETLAND MITIGATION & CHANNEL REHAB CONST. COST + 27% Engineering, Legal, Fiscal, Administration TOTAL PART 4 - WETLAND MITIGATION & CHANNEL REHAB COST 195th Street Extension Total Pricel $15,000.00 $10,000.00 $32,700.00 $12,000.00 $120,000.00 $45,000.00 $45,000.00 $7,000.00 $15,750.00 $24,000.00 $4,400.00 $3,000.00 $5,000.00 $338,850 $33,885 $372,735 $100,638 $473,373 Appendix /Ob City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, Acting City Administrator '1'V ~ FROM: Lee Smick, AICP City Planner SUBJECT: Consider Tree Preservation Standards DATE: January 17, 2006 INTRODUCTION During the October 17, 2005 City Council meeting, Council Members expressed concerns regarding the number of trees being removed in recent development projects and the current requirements for the replacement of trees lost during construction. At that time Council Members directed City staff to review the current tree preservation ordinance. DISCUSSION The current tree preservation ordinance (Exhibit A) was prepared by Hoisington Koegler Group, Inc. and was approved on February 19, 2002. This ordinance was put into place at the request of the City Council, after a number of trees were removed from the Vermillion Grove development. The current ordinance could be considered somewhat "lenient" with regard to the preservation of trees. It includes only very general guidance, such as "demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site" for example. This language was utilized during the planning stages of the Charleswood Crossing project in order to retain as many trees as possible in the development; however, as indicated by Exhibit B, the large number of trees lost clarifies the need for enhanced tree preservation standards and related protective measures. During the past few months, the Planning Division has researched a number of surrounding communities' tree preservation ordinances. These communities included: Chanhassen, Shorewood, Lakeville, Eagan, Bumsville, Maple Grove, Eden Prairie, Inver Grove Heights, and Oakdale. During the research it became apparent that there are many different approaches to the creation of a tree preservation ordinance, as indicated by the attached matrix (Exhibit C). While reviewing the ordinances, it became apparent that any given City's philosophy could be determined by the answer to this question regarding tree preservation: "What type of action or activity should be regulated by a tree preservation ordinance?" The answer to this question indicates the intended scope of the ordinance. It sets the tone and determines how much regulation the community desires to assert over the protection and/or preservation of its forest resources. City staff and the Planning Commission desire the City Council's input and guidance with regard to two critical, threshold-level policy decisions that will establish the parameters for a new [revised] tree preservation ordinance. The two issues in question are as follows: Issue #1 (Coverage) Should the revised tree preservation ordinance A) be limited to new residential, commercial, public, institutional, and industrial projects only, OR B) be drafted in a manner that covers the projects listed above and also all existing, developed, privately-owned residential properties? "Option A" projects would include the platting of subdivisions, site grading, commercial and industrial projects, non-residential projects in residential zones, and site improvements on public property. "Option B" would additionally require a homeowner to apply for a permit to remove a tree from the homeowner's property, unless there was an applicable exemption or exception. Issue # 2 (Triggering Mechanism) Should the protective provisions of the revised tree preservation ordinance be triggered by A) the submission of any new development-related plan or application, OR B) a property owner's or developer's desire or intention to remove any tree(s) identified by a previously-conducted tree inventory or protected by a related overlay zone? "Option A" submittals could include sketch plans, site plans, building permit applications for commercial and industrial projects, plans for non-residential projects in residential zones, or applications for rezoning or for Comprehensive Plan Amendments. The tree inventory envisioned under "Option B" would identify existing trees in the City and specify areas of priority for preservation of tree resources. The inventory could include the identification and location of the types of vegetation (i.e., cover types) which occur in the community; locate the particularly large and/or historic trees; and profile existing trees including species and size distributions to determine preservation priorities. An inventory-related map could identify areas likely to be adversely affected by development activities, before any such activity occurs. An "overlay zone" could be created to (a) prohibit the removal of trees until such time as a tree inventory could be completed and/or (b) protect specific forested areas after the completion of the inventory. The tree inventory could be prepared by staff utilizing the City's GIS system and aerial photos. Staff could also utilize the knowledge of long-time staff and residents to determine the locations of expansive stands of trees and/or historic trees. Planning Division Research The attached matrix and figures (Exhibit C) summarize a portion of the research that has recently been conducted by the Planning Division regarding this topic. These items have been attached for informational purposes only. Weare not proposing or requesting that the City Council discuss them at Tuesday night's meeting. They are being provided at this time primarily to illustrate the potential complexity of some of the operational details of a more rigorous tree preservation ordinance. The Council's comments on the two major policy decisions addressed above will enable City staff to refine such details for further discussion with the Planning Commission, after which this topic will once again be placed on the City Council's agenda for additional consideration and comment. ACTION REQUESTED 1. Provide comments and direction to City staff regarding the two major policy issues addressed in this memo. 2. Direct staff to discuss proposed revisions to the current tree preservation ordinance with the Planning Commission at its meeting on February 14,2006. 3. Provide the City Council with an update on the revision process for the tree preservation ordinance at its meeting on February 21,2006. Respectfully Submitted, ../1 /f',,,O ....~ .."" ...s::. . /Y7 ~-(-=.//~-= Lee Smick, AICP City Planner 10-6-11: TREE PRESERVATION: Exhibit A (A) Intent: It is the intent of the city of Farmington to preserve wooded areas throughout the city and with respect to future site development, to retain, as far as practicable, substantial existing tree cover. (8) Credit For Existing Trees: Credit for the retention of existing trees which are of acceptable species, size and location may be given to satisfy the minimum number requirements set forth in this chapter. (C) Wooded Area Restrictions: The following restrictions shall apply to all development occurring in wooded areas: 1. Structures shall be located in such a manner that the maximum number of trees shall be preserved. 2. Prior to granting of a final plat, development plan, or building permit, it shall be the duty of the person seeking the permit to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. 3. Forestation, reforestation or landscaping shall utilize a variety of tree species as identified in this chapter. 4. Development including grading and contouring shall take place in such a manner that the root zone aeration stability of existing trees shall not be affected. Trees to be preserved shall be staked as provided in this chapter. Notwithstanding the above, the removal of trees seriously damaged by storms, or other natural causes, shall not be prohibited. 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Cl)0 <Cl) Ql ~ ~O o ~ ::s~ 05' ~co 9:Ql ::s ::s Ql~ ::s -. o ::s Cl)Q . c ~ Cl) 5" "0 a "0 o o Cl) ~ --i~ Cl) .,,0 aa. < -. _. ::s en s>> -. ::s o n ::s CD :;0"" ~ Cil ....(1) en "'d 8."'1 .. (1) ....en ~ ~ ~ ~ ~ g" ~o 0 Na oS' ~~ (1) ~ en (1) a =- m x "0 iii ::s s>> - o' ::s o .... ." a < ii' o' ::s o c ~ ca ::s - o ;:;: '< o o Q. CD ." o - CD ::s - ~ o "0 - o. ::s en ::u CD n o 3 3 CD ::s Q. s>> - o' ::s t;rj ~ =- .... cr .... ~ n 10-6-11: TREE PRESERVATION: Fig. 1 (A) Intent: It is the intent of the city of Farmington to preserve wooded areas throughout the city and with respect to future site development, to retain, as far as practicable, substantial existing tree cover. (8) Credit For Existing Trees: Credit for the retention of existing trees which are of acceptable species, size and location may be given to satisfy the minimum number requirements set forth in this chapter. (C) Wooded Area Restrictions: The following restrictions shall apply to all development occurring in wooded areas: 1. Structures shall be located in such a manner that the maximum number of trees shall be preserved. 2. Prior to granting of a final plat, development plan, or building permit, it shall be the duty of the person seeking the permit to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. 3. Forestation, reforestation or landscaping shall utilize a variety of tree species as identified in this chapter. 4. Development including grading and contouring shall take place in such a manner that the root zone aeration stability of existing trees shall not be affected. Trees to be preserved shall be staked as provided in this chapter. Notwithstanding the above, the removal of trees seriously damaged by storms, or other natural causes, shall not be prohibited. (Ord. 002-469, 2-19-2002) 10-6-10: LANDSCAPING: Fig. 2 (L)Tree Protection In Construction Zones: 1. Specifications: Existing trees and vegetation that are to be saved shall be protected from all construction activities, including earthwork operations, movement and storage of equipment, and materials and dumping of toxic materials. A minimum protection zone shall be established by the installation of temporary fencing around existing vegetation to be preserved, placing the fencing no closer to the trees than their drip lines, and this information shown and noted on the plans. Protective fencing shall be maintained throughout the construction period. Alternative protection measures may be approved by the zoning officer. Construction details which indicate special techniques that will be employed to save trees are required for all existing trees for which credit is desired. Existing trees will be counted as fulfilling the landscaping requirements of this section. Trees counted shall be all existing deciduous trees with a trunk size of four inches (4") or larger, measured at four and one- half feet (4 1/2') above the ground and all existing evergreen trees measuring five (5) vertical feet or more in height. 2. Replacement: If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of eighteen (18) months after completion of the activities associated with construction of the site, the owner of the property must replace the trees within six (6) months at a ratio of one to one (1: 1) with an approved tree having a minimum diameter of two inches (2") measured at a point six inches (6") above the natural grade. Shrubbery or other plantings which die within eighteen (18) months of completion of the activities shall be replaced in kind within six (6) months. Fig. 3 Tree Removal Threshold Options OPTION 1 Column I Zoning District 1. A 2. E-l and E-2 3. R-IA, RI-B, R-IC and R-2 4. R-3A, R-3B, R-3C and R-3D 5. B-1, B-2, and P 6. B-3, B-4, 1-1 and 1-2 Column II Threshold 25% 25% 30% 40% 50% 60% OPTION 2 Tree removal allowance. Specimen tree, significant tree and significant woodland removal shall be in accordance with the city-approved tree preservation plan and in no case shall the amount of removal exceed the following percentages: (a) Single lot development. (1) Single-unit residential, 20 percent. (2) Commercial and multiunit residential, 30 percent. (b) Multi-lot development. (1) Single-phase development process. (aa) Single unit residential, 40 percent. (bb) Commercial and multiunit residential, 47.5 percent. (2) Two-phase development. (aa) Initial site development, 25 percent. (bb) Individual lot development. a. Single unit residential, 20 percent. b. Commercial or multi-unit residential, 30 percent 2. Exception. When practical difficulties or practical hardships result from strict compliance with the provisions of the paragraph, the city may permit significant tree, specimen tree, and significant woodland removal in excess ofthe allowable limits. In the event such exception is granted, a reforestation plan or a cash mitigation will be implemented. The city shall determine which form of mitigation shall be utilized. OPTION 3 Tree preservation standards A. Existing trees must be preserved. The total tree diameter on site is the total diameter of all trees on the site, minus the diameter oftrees that are listed in Section 33.630.030, Exempt from these Regulations. The applicant must choose one of the following options. Significant trees are listed in Table 630-1 : 1. Option 1: Preserve at least 35% oftotal tree diameter on the site; 2. Option 2: Preserve at least 50% of the significant trees on the site and at least 30 % of the total tree diameter on the site; 3. Option 3: Preserve at least 75% ofthe significant trees on the site and at least 25% of the total tree diameter on the site; 4. Option 4: Preserve all of the significant trees on the site and at least 20 percent of the total tree diameter on the site; or 5. Option 5: Ifthe site is larger than one acre, preserve at least 35% of the total tree canopy area on the site. Fig. 4 Tree Replacement Options OPTION 1 Tree Removed (diameter) Replaced Tree Requirement (diameter) 8" deciduous 12" deciduous 6' coniferous 12' coniferous 2 - 3" deciduous or 2 - 6' coniferous 3 - 3" deciduous or 3 - 6' coniferous 1 - 6' coniferous 2 - 6' coniferous OPTION 2 Base Line Canopy Coverage per acre - The canopy coverage existing at time development application is submitted. Commercial/Industrial/Institutional 28% High Density Residential 35% Medium Density Residential 40% Low Density Residential 55% Large Lot Development 68% If base line canopy coverage is not met at time of application, developer needs to plant trees to meet above percentages. One tree = 1,089 sf. Trees installed at 2 ~ inch caliper. No less than 20% of trees shall be conifers. Conifers installed at 6 feet in height with average conifers planted at 7 feet in height. OPTION 3 1. Tree Replacement Provisions A. Schedule Size of Tree Damaged or Destroyed Number of Replacement Trees Category Category Category A B C Coniferous, 12 to 24 feet high 1 2 4 Coniferous, 24 feet or hicl1er 2 4 8 Hardwood Deciduous, 6 to 20 inches 1 2 4 diameter Hardwood Deciduous, 21 to 30 inches 2 4 8 diameter Softwood Deciduous, 20 to 30 inches 1 2 4 diameter Softwood Deciduous, greater than 30 inches 2 4 8 diameter B. Significant Woodland Replacement. Where replacement of a significant woodland is required, the Applicant shall be responsible for furnishing and installing one (1) Category A replacement tree or two (2) Category B replacement trees or four (4) Category C replacement trees for every 125 square feet of significant woodland damaged or destroyed, or any increment thereof. C. Size of Replacement Trees. 1) Category A trees shall be no less than the following sizes: a) Deciduous trees, not less than four (4) caliper inches. b) Coniferous trees, not less than twelve (12) feet in height. 2) Category B trees shall be no less than the following sizes: a) Deciduous trees, not less than two and one-half (2 ~) caliper inches. b) Coniferous trees, not less than six (6) feet in height. 3) Category C trees shall be no less than the following sizes: a) Deciduous trees, not less than one and one-half (1 ~) caliper inches. b) Coniferous trees, not less than four (4) feet in height. D. Species Requirement. Where ten (10) or more replacement trees are required, not more than fifty (50) percent ofthe replacement trees shall be ofthe same species of tree without the approval of the City. Fig. 5 AppealsNiolations 10-3-4: APPEALS: An appeal from a ruling of the zoning officer may be taken by the property owner or agent within thirty (30) days after the order utilizing the following procedure: (A) The property owner or agent shall file with the zoning officer a notice of appeal stating the specific grounds upon which the appeal is made. (B) The zoning officer shall transmit the appeal to the board of adjustment for study and recommendation at its next regular meeting. (C) The board of adjustment shall make its decision within sixty (60) days and a copy ofthe motion shall be mailed to the applicant by the zoning officer. (Ord. 002-469, 2-19-2002) 10-3-10: APPEALS TO CITY COUNCIL: A party may appeal a decision of the zoning board of adjustment when issues of fact, procedure or other finding made by the board are in dispute. Appeals must be filed with the city within ten (10) days of the final decision of the board of adjustment. Building permits shall not be issued after an appeal has been filed with the planning department. If permits have been issued before an appeal has been filed, then the permits are suspended and construction and/or usage shall cease until the city council has made a final determination of the appeal. The city council shall conduct a hearing within sixty (60) days after the receipt by city staff of the appeal from an action by the board of adjustment. As provided in subsection 1O-3-7(C) ofthis chapter, notice of the hearing shall be mailed to property owners adjacent to the subject property disregarding public rights of way. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. A fee to be established by resolution of the city council shall be paid by the appellant at the time the notice of appeal is filed. (Ord. 002-469, 2- 19-2002) 10-3-13: ENFORCEMENT PENALTIES: Any violation of this title may be enjoined by the city council through proper legal channels and any person who violates this title shall be guilty of a misdemeanor and upon conviction thereofbe punished to the maximum as provided by law. Each day a violation is permitted to exist shall constitute a separate offense. (Ord. 002-469,2-19- 2002) 10-3-14: ENFORCEMENT REMEDIES: In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this title, the city council, in addition to other remedies, may institute in the name of the city, any appropriate action or proceeding to prevent, restrain, correct or abate such building structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. (Ord. 002-469,2-19-2002) /Ia- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers ~ ) Acting City Administrator ~- FROM: Daniel M. Siebenaler, Police Chief SUBJECT: January 17, 2006 DATE: Set Public Hearing, Liquor License Violation INTRODUCTION / DISCUSSION During the Public Hearing for a Liquor License violation at B&B Pizza held during the regular City Council meeting on January 3, 2006 the new owner, Dave Eldridge, presented information that he had recently purchased the business from the former partners and stated, as a result, that he should be treated as a first time violation. Having no contradictory information immediately available City Staff and the City Attorney agreed and the City Council reduced the penalty to B&B to reflect a first time violation. On January 4, 2006 staff researched the license application and learned that while Mr. Eldridge is a new partner, he is not the new sole owner and that his partner, Kim Kamen, remains as a continuous partner throughout all of the previous violations. Based on this new information, at this point staff is asking that the City Council open this item for reconsideration and set a Public Hearing for a Liquor License Violation at B&B Pizza. ACTION REQUESTED Set a Public Hearing on February 6,2006 at 7:00 PM for a Liquor License violation at B&B Pizza. Respectfully submitted, ~' . /'P // ~~b-1--~t.h;?/.. ~AL~/~~e') ([..--..-J Daniel M. Siebenaler Chief of Police Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Marguerite M. McCarron Gina M. Brandt 1380 Corporate Center Curve Suite 317 · Eagan, MN 55121 (651)452-5000 Direct Dial: (651) 234-6219 Cellular: (651) 470-0756 Fax: (651) 452-5550 E- . . jjamnik@ck-Iaw.com b?e<.- CAMPBELL KNUTSON Professional Association Attorneys at Law January 12, 2006 To: Mayor and City Council IV City Administrator ~ From: Joel Jamnik Subject: Proposed schedule of presumed penalties for liquor violations. Attached for your review and consideration is a proposed ordinance amending the City Code regarding liquor licenses. The proposal would establish a presumed schedule of penalties for violations of state laws and city ordinances regulating liquor establishments. As discussed previously, state law authorizes penalties to be imposed against the licensee of up to 60 days suspension and/ or $2000, or any lesser combination of suspensions and fines. Other cities have adopted similar schedules: the schedule presented to you this evening is based on the matrix used by the City of Lakeville. The Police Chief and I recommend adoption of a presumed schedule but have not reviewed the presumed penalties in the draft to develop a specific recommendation. Given the nature of this issue and the impact on licensees, we are suggesting the City Council discuss the proposal at this meeting but delay adoption until a future meeting to allow community input. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3, BUSINESS REGULATIONS, CHAPTER 12, ON-SALE LIQUOR, SALE OF, OF THE FARMINGTON CITY CODE, ADOPTING PRESUMPTIVE CIVIL PENAL TIES FOR LICENSEES THAT VIOLATE STATE LAWS OR CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 3, Chapter 12, is amended by adding a new section 15 to read as follows: 3-12-15: PRESUMPTIVE CIVIL PENALTIES: A. Purpose: The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this Title or state law authorizing liquor licenses. These penalties are presumed to be appropriate. The council may deviate from the presumptive penalty where the council finds that there exist substantial reasons making it appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of alcohol to minors. When deviating from these standards, the council will provide written findings that support the penalty selected. B. Presumed Penalties For Violations: The presumed penalties for violations are as follows (unless specified, numbers below indicate consecutive days' suspension): 1. Commission of a felony related to the licensed activity. 2. Sale of alcoholic beverages while license is under suspension. 3. Sale of alcoholic beverages to underage person: - on sale intoxicating liquor - on sale beer and wine Revocation n/a n/a 4th Violation n/a Type Of Violation 1st Violation 2nd 3rd Violation Violation Revocation n/a n/a n/a $500.00 3 250.00 3 6 6 Revocation Revocation 122810 - off sale 3.2 beer 250.00 3 6 Revocation 4. Sale of alcoholic beverages to 3 6 18 Revocation obviously intoxicated person. 5. After hours sale of alcoholic 3 6 18 Revocation beverages. 6. After hours display or 2 4 12 Revocation consumption of alcoholic beverages. 7. Refusal to allow government 5 15 Revocation n/a inspectors or police admission to inspect premises. 8. Illegal gambling on premises. 3 6 18 Revocation 9. Failure to take reasonable steps 2 4 12 Revocation to stop person from leaving premises with alcoholic beverages. 10. Sale of intoxicating liquor 3 6 18 where only licensed for 3.2 percent malt liquor. The penalty for violations without a presumptive penalty shall be determined by the city council. C._Multiple Violations: At a licensee's first appearance before the council, the council must act upon all of the violations that have been alleged in the notice sent to the licensee. The council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection B of this section. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the council's discretion. D._Subsequent Violations: Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the council, unless the city administrator and licensee agree in writing to add the violation to the first appearance. The same procedure applies to the second, third, or fourth appearance before the council. E._Subsequent Appearances: Upon a second, third, or fourth appearance before the council by the same licensee, the council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section. 122810 2 F._Computation Of Violations: Multiple violations are computed by checking the time period of the three (3) years immediately prior to the date ofthe most current violation. and a licensee will be determined to be the same as a previous licensee if any person involved with the license for a previous violation continues to own any interest in the premises or business when the subsequent violation occurs. G._Other Penalties: Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, impose a civil fee not to exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this chapter. 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. SEAL CITY OF FARMINGTON Attest: Kevan A. Soderberg, Mayor Robin Roland, Acting City Administrator Approved as to form the _ day of , 2006. City Attorney Published in the Farmington Independent the _ day of , 2006. 122810 3 /db City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Acting City Administrator ~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Consider Policy - Snow Removal on Sidewalk Along County Road DATE: January 17, 2006 INTRODUCTION At the February 22,2005 Council Meeting, Council requested that staff review the policy of the City performing snow removal on sidewalks along County roads, specifically along the recently completed Ash Street improvements, and return the item for Council discussion. DISCUSSION The current City policy is to plow trails that are adjacent to County roads. The City currently does not maintain any sidewalks adjacent to County roads but requires the adjacent property owner to perform the maintenance as required under City ordinance. City ordinance requires that property owners remove snow and ice from sidewalks or trails that are adjacent to their property unless otherwise identified in the City's "Snowplowing Policy". 6-1-49: SNOW REMOVAL: Removal of snow and ice from sidewalks and trails in the City shall be the responsibility of the abutting property owners or occupants. Those sidewalks and trails specifically listed on Attachment A of the City-adopted "Snowplowing Policy" shall be maintained by the City and identified by published notice. (A) Accumulation Prohibited: It shall be unlawful for any owner or occupant of any building, in front of which or adjacent to where a sidewalk has been constructed for the use of the public, to allow any accumulation of ice or snow to remain upon said sidewalk longer than twelve (12) hours after said ice or snow has ceased to be deposited thereon. The Ash Street improvements included a new sidewalk along the north side of Ash Street/County Road 74. If more right-of-way had been available, a trail would have been constructed instead of the sidewalk. Because the sidewalk was constructed only 6 feet from the back of curb of Ash Street, it receives snow from the County plows that clear the road. In a more typical circumstance, the sidewalk is generally placed much further back from the curb and is not affected significantly by the snow plows. Elm Street/c.R. 50, as an example, has sidewalks that are between 11 to 13 feet from the back of curb. Currently, per City policy, the property owners on Elm Street are responsible to clear the snow from the sidewalk adjacent to their property. Since the right-of-way on Ash Street is significantly constricted compared to Elm Street and the snow from the roadway will be impacting the sidewalk, the Council may wish to consider a policy of the City performing the snow removal for the sidewalk along Ash Street. However, because there is only 6- feet in the boulevard between the curb and the sidewalk on Ash Street, there is little room to store snow from the sidewalk without discharging it on to private property. City staff would most likely use a snow blower to remove the snow for any significant amount of snowfall and would probably need to truck the snow away due to the lack of snow storage space. Council may want to consider receiving approval from adjacent property owners to discharge snow on their property from the public sidewalk in exchange for assuming the maintenance responsibilities for the walk. BUDGET/STAFFING IMPACT It is estimated that in average conditions, it would take 1 hour to clear the snow from the new sidewalk along Ash Street using snow blowing equipment, assuming that the snow can be deposited on adjacent property if necessary. Depending on the timing and amount of the snowfall, the County may come through and plow 2-3 times. In that circumstance, city staff would most likely need to clear snow more than once in order to keep the sidewalk clear. ACTION REQUESTED For Council consideration. Respectfully Submitted, ~YYl~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file Council Minutes (Regular) February 22, 2005 Page 2 7. ~ CONSENT AGENDA MOTION by McKnight, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (2/7/05 Regular) b) Received Information Parks and Recreation Commission Minutes - Parks and Recreation Approved School and Conference - Parks and Recreation Adopted RESOLUTION R15-05 Accepting Donation to the Reuse-A-Shoe Program - Parks and Recreation Approved Capital Outlay - Parks and Recreation Approved Appointment Recommendation - Human Resources Adopted RESOLUTION R16-05 Approving No Parking Restriction Ash Street Proj ect - Engineering h) Received Information Capital Outlay - Public Works j) Approved Change Order - Main Street Phase 1 Proj ect - Engineering APIF, MOTION CARRIED. c) d) e) f) g) i) Authorize Use of Eminent Domain Ash Street Project - Engineering City Engineer Mann provided a history of the Ash Street project. The easterly utility construction was done in 2004. The actual street reconstruction is in the County's CIP for 2005. Construction will start in April, and in order for this to happen some permanent and temporary easements are needed. The quick take process is 90 days from date of notice. Staff provided Council with a spreadsheet showing the easements needed. Councilmember Pritzlaff and engineering staff have met with a property owner regarding some trees that are on the City right-of- way and some that are on the line. Staffwill continue to work with the owner. Councilmember Pritzlaff then asked about a sidewalk on the north side of Ash Street. City Engineer Mann stated a sidewalk has been designed into the plan and. all property owners adjacent to the construction were invited to an open house in November 2004. Staff has communicated with residents through a public hearing, the November open house, one-on-one meetings with the property owners, and there will be a future open house. When appraisals and surveys have been received letters have been sent to residents informing them the project is coming, an easement is needed, a meeting will be arranged, and the letter refers to the quick take process. Councilmember Wilson felt the sidewalk will be useful during the fair and anytime families are going for a walk. Councilmember McKnight asked staff to do what they can to save the trees. Councilmember Pritzlaff noted the resident said if the trees were moved back 5 feet, there would not be enough room to build a house. City Engineer Mann stated the lot is large enough to be buildable. Whether the existing improvements would be allowed to stay is questionable. The Planning division will have to review this situation. "7 Mr. Shane Haugen, 1021 6th Street, noted everyone is in favor of the sidewalk for one week during the fair. He stated he would be more than willing to let each Councilmember take their turn shoveling the sidewalk in the winter when no one is using it. He stated it is a waste of time for the City to install 175ft. of sidewalk on his property for one week during the year. If the City wants it, the City should Council Minutes (Regular) February 22, 2005 Page 3 maintain it. City Engineer Mann stated staff has discussed that along county roads trails are typically maintained by the City and this is a sidewalk along a county road so it is open for discussion. Staffwill bring this to Council as a discussion item. Mr. Haugen stated he would like an answer as he has been fighting this for 6 months. Councilmember Fogarty stated she has been an advocate for that sidewalk for a multitude of reasons. There is an elementary school in the area. Mr. Haugen stated the children do not walk east-west, they walk north-south. Mr. Dick Graelish noted when there is heavy rain, he has to pump the parking lot for the apartment building. MOTION by Pritzlaff, second by McKnight, adopting RESOLUTION R17-05 authorizing condemnation of property for public uses with the "quick take" provision. APIF, MOTION CARRIED. h) Capital Outlay - Public Works (Councilmember Pritzlaffpulled item 7k in error). Councilmember Pritzlaff asked what the amount of the vehicle is. City Engineer Mann stated as long as items have been within the budgeted amount, the amount has not been included in the memo. If Council would like this information staff will provide it in the future. The vehicle was budgeted at $31,000 and came in $2,000 below that. Council agreed they would like this information in the future. k) Approve Easement Acquisition - Ash Street Project - Engineering MOTION by Wilson, second by McKnight approving the easement acquisition- Ash Street project. APIF, MOTION CARRIED. I) Approve Bills Councilmember Pritzlaff asked about the amount for the Nextel phones and if that amount was standard. Finance Director Roland stated that is the monthly dollar amount for the Nextel bilL The cost two years ago was around $48,000 for the year. Since then, Administrative Services Director Shadick redid the contract with Nextel and took advantage of a savings. The yearly amount now is approximately $30,000. MOTION by McKnight, second by Wilson to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration Ms. Kelly Helleson has submitted an application for renewal of a Therapeutic Massage License at Reach for the Stars, 308 Oak Street. MOTION by McKnight, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by Wilson approving a Therapeutic Massage License for Kelly Helleson at 308 Oak Street. APIF, MOTION CARRIED. Council Minutes (Regular) March 7, 2005 Page 6 provisions described above including the Farmington Business Park Design Standards. APIF, MOTION CARRIED. d) Adopt Resolution - Farmington Business Park Preliminary and Final Plat - Community Development Mr. Colin Garvey has submitted a plat for seven new commercial lots in the Farmington Business Park. The lots are located west of Canton Court adjacent to a proposed road that would extend to the west from the existing Canton Court. One existing commercial lot is included on the plat located to the southeast of Canton Court. The developer will be required to install parks and trails and provide a landscape plan and meet the engineering requirements. Mayor Soderberg asked if the Fire Marshal was aware of the length of the cul-de-sac. Staff noted he was and it was discussed at several development committee meetings. Councilmember Fogarty noted there were no sidewalks. The developer will put in a sidewalk on the south side. The trail to the south should be looped up to the residential area instead of the commercial area. Parks and Recreation Director Distad noted the idea is to do a loop around the large ponding area, much like the Minneapolis lake system. Mayor Soderberg did not like having one way in and out on the cul-de-sac. Staff should keep in mind if the parcel to the north comes into the City, would this be another access option. MOTION by Pritzlaff, second by McKnight to adopt RESOLUTION R27-05 approving the Farmington Business Park preliminary and final plat with contingencies. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Council Discussion of Sidewalk Placement on Ash Street Councilmember Pritzlaff asked Council to look at moving the sidewalk on Ash Street closer to the curb. Staff spoke with the County, and the Traffic Engineer said they were uncomfortable with putting it along the curb and it would have to be wider in that case. The bigger issue is that the utilities would have to be moved and re-planned. The concerns with the utility issues are the City could have to pay for this. Up to now the utility companies pay. Also, there would be a potential delay for the project. Staffhas been working with the utility companies to get done so as not to interfere with the Fair. There is a small window of where the poles can go and the County would consider it. The County has said the sidewalk needs additional width. The City would recommend 8 ft. vs. 5 ft. Mayor Soderberg did not see the cost savings. He is not interested in bituminous for a portion of the way. He does not want to delay the proj ect and sidewalks were always in the plan. He was not in favor of moving the sidewalk. Councilmember Pritzlaff felt the utility companies should pay to move the poles regardless of where they have to be. City Engineer Mann cautioned they need to consider other utilities if the poles are moved. This could create a domino affect with poles, gas line, fiber optic line, etc. The costs could come back to the City. Ifwe are breaking even or spending a little more, Councilmember Pritzlaffwould like to look at the options and cost differentials. Councilmember Wilson wanted to find a win-win option on this and all projects. He was not interested in moving Council Minutes (Regular) March 7, 2005 Page 7 the sidewalk if it would cause delays or utility cost increases. Councilmember McKnight asked for an estimate for moving the trees and utility lines. City Engineer Mann estimated the cost to be $300 per tree and there would be four or five trees. He could not estimate the delay at this time without knowing all the ramifications. Councilmember McKnight stated this is not a one week a year sidewalk and agreed with Councilmember Fogarty. If the sidewalk is there, people will use it. Councilmember Fogarty had no desire to increase costs or cause time delays. There is a safety issue with having the sidewalk next to the road and saving trees are not worth jeopardizing the safety of a child. The residents have had more than enough time to come forward. She wanted to stay with the plan. City Engineer Mann stated staff is concerned with the trees and has researched moving the trees to keep them alive. There are ways to deal with the trees and staff is committed to working on this. Mayor Soderberg noted the survey indicates the trees are actually on the City right-of-way. The City can move them as part of the proj ect. The sidewalk has always been a part of the project. He commended Councilmember Pritzlafffor his research. Councilmember Pritzlaff agreed the right-of-way makes a difference. There are other residents that also have issues with regard to a fence and bushes. He commended City Engineer Mann for getting the information packet together and sent to the property owner. Councilmember Pritzlaff asked staff to research the cost factors and delays. Councilmember Fogarty did not need anymore information. Councilmember McKnight does not want the process to stop, but would like a cost estimate. Councilmember Wilson concurred with Councilmembers Fogarty and McKnight, however he does not like the idea of altering the plan. Staffwill research the cost estimates and time delays resulting in placing the sidewalk next to the curb from 6th Street to TH3. Police Chief Siebenaler stated earlier there was a discussion about a fence separating a trail along English Avenue. This is a similar safety issue. There is <. ~ also a maintenance issue including costs for removing snow as there would be no )If room for snow banks. He encouraged Council to not put the trail directly at the back of a curb for safety issues. Councilmember Pritzlaff asked about the snow issue and where the snow would go. City Engineer Mann replied it depends on the amount of the snowfall whether it would be put on the right-of-way or on private property. 12. NEW BUSINESS a) Consider Expansion of Pilot Knob Liquor Store Lease Area - Finance Schwiness LLC has offered the City the space adjacent to the recently constructed Pilot Knob liquor store location to expand the store at our current lease rates. Due to demographics, staff chose to build a smaller downtown store even though the developer suggested a larger store. Finance Director Roland showed an illustration of the expansion. One example of the need for expansion is the Wine Club. Ten people have signed up at the downtown location and 100 at the Pilot City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Robin Roland Acting City Administrator SUBJECT: Supplemental Agenda DATE: January 17, 2006 It is requested the January 17, 2006 agenda be amended as follows: UNFINISHED BUSINESS lIb) Adopt Resolutions - Minor Boundary Adjustments Abutting Executive Estates - City Attorney The annexation ordinance for Executive Estates was processed with an incorrect legal description. This item is to correct this situation. 1t~ Robin Roland Acting City Administrator Thomas 1. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel 1. Jamnik Andrea McDowell Poehler Matthew K. Brokl John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Marguerite M. McCarron Gina M. Brandt 1380 Corporate Center Curve Suite 317 · Eagan, MN 55121 (651)452-5000 Direct Dial: (651) 234-6219 Cellular: (651) 470-0756 F 51) 452-5550 1: jjamnik@ck-Iaw.com II/; CAMPBELL KNUTSON Professional Association Attorneys at Law January 17,2006 To: Mayor and City Council ~ City Administrator ~ From: Joel Jamnik Subject: Minor Boundary Adjustments abutting Executive Estates Background In the process of annexing the property owned by Colin Garvey for his Executive Estates plat (the previous Empey property), the annexation ordinance was processed with an incorrect legal. This error resulted in the portions of the property/plat under the 225th Street right-of-way being left in Castle Rock Township, In reviewing this matter, it appears the easiest way to correct the error is to process a joint resolution for orderly annexation for those small areas, A draft of that Joint Resolution has been prepared for Council review and approval. Additionally, there is a small part of the previously annexed area on the far south eastern part of the property that was not included in the plat. That strip ofland has been or will be sold by Mr. Garvey to a township resident primarily for use as a driveway serving the residence that remains in the township. The parties have requested that the City detach this strip ofland. A petition requesting this detachment and a draft of the city resolution necessary to effectuate the detachment has been prepared for Council review and approval. Mr. Carroll has informed the Chair of the Town Board of these two actions and upon City Council approval we will forward the Joint Resolution to the Township for their review and approval and send them a courtesy copy of the detachment resolution (under state law the township does not need to take any action on that matter). Action Requested 1. Approve the attached Joint Resolution for Orderly Annexation, 2. Approve the attached Resolution for Detachment of Property, TOWN OF CASTLE ROCK CITY OF FARMINGTON IN THE MATTER OF THE JOINT RESOLUTION OF THE TOWN OF CASTLE ROCK AND THE CITY OF FARMINGTON, DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA TO THE DEPARTMENT OF ADMINISTRATION, BOUNDARY ADJUSTMENT OFFICE, PURSUANT TO M.S. ~414.0325 JOINT RESOLUTION WHEREAS, upon petition by all of the owners of certain property, the City of Farmington passed Ordinance No. 004-517, annexing certain property to the City, and; WHEREAS, that ordinance was approved by the state Boundary Adjustments Office on November 10, 2004 (Docket No. A-7179), and; WHEREAS, the legal description provided by the property owner did not include property owned by him that was subject to public road right of way easements, and; WHEREAS, the property owner intended to include these areas in the annexation territory and to include them in the plat of his property, and; WHEREAS, the property owner has now requested that the City and Township designate these areas for immediate annexation pursuant to Minnesota Statutes 414.0325, NOW, THEREFORE, the Township of Castle Rock and the City of Farmington jointly agree to the following: 1. The Township and City hereby establish an Orderly Annexation Area ("OM") as authorized by Minnesota Statute ~414.0325, Subdivision 1, as shown on the attached Exhibit B and legally described on Exhibit A, and have determined that the area of the property involved in this annexation is less than one acre and has no population, being subject to public road right of way (225th Street) 2. That the purpose ofthe annexation of the property involved in this annexation is to facilitate providing urban services to the owner's property. 3. That in order to facilitate the efficient delivery of governmental services, the property should be immediately annexed to and made part ofthe City of Farmington. 4. Upon approval by the respective governing bodies of the City and the Township, this joint resolution and agreement shall confer jurisdiction upon the Director of the Office of Strategic and Long-range Planning (or his or her successor designee responsible for administering Minnesota Statutes Chapter 414) so as to immediately annex the lands described in the attached Exhibit A in accordance with the terms of this joint resolution and agreement without need for any subsequent resolution(s) ofthe parties. 5. The City and Township agree that upon annexation all planning, official controls, and governmental services for the annexed area shall become the responsibility of the City, and that the provisions of Minn. Stat. SS414.035 and 414.036 authorizing differential taxation and municipal reimbursement for the annexed property will not be applied in this proceeding. 6. The City and the Township mutually state that no alteration by the director to the OAA boundaries, as illustrated on Exhibit B and described in Exhibit A, is appropriate or permitted. 7. That the annexation of the property will not result in any change of electrical servIce. 8. Having designated the area illustrated on Exhibit B and described in Exhibit A as in need of orderly annexation, and having provided for all of the conditions of its annexation within this document, the parties to this agreement agree that no consideration by the director is necessary. The director may review and comment but shall within thirty (30) days order the annexation in accordance with the terms of this Resolution. Approved and Adopted this _ day of , 2005. Approved and Adopted this _ day of , 2005. TOWN OF CASTLE ROCK CITY OF FARMINGTON BY: BY: Kevan A. Soderberg Its Mayor Its Town Board Chair AND AND Robin Roland Its Acting City Administrator Its Town Board Clerk 113970 EXHIBIT A The Southeast Quarter of the Northwest Quarter of Section 5, Township 113, Range 19. EXCEPT: That part of the South 255.62 feet lying East of the West 314.50 feet of the East 636.12 of said Southeast Quarter of the Northwest Quarter. Also except the West 314.50 feet of the East 636.12 feet of the South 346.26 feet of said Southeast Quarter ofthe Northwest Quarter. Also except the West 314.50 feet of the East 950.62 feet of the South 346.26 feet of said Southeast Quarter of the Northwest Quarter. Also except the South 346.26 feet lying West of the East 10 16.62 feet of said Southeast Quarter of the Northwest Quarter, And, That part of the Southwest Quarter of the Northwest Quarter lying East of the West 1113 .91 feet thereof. And, The South 643.50 feet of the West 1113.91 feet of the Southwest Quarter of the Northwest Quarter of Section 5, Township 113, Range 19. EXCEPT: The South 387.75 feet of the West 165.00 feet thereof. Also except the West 330.00 feet of the North 132.00 feet of the South 610.50 feet thereof. Also except that part of said Southwest Quarter of the Northwest Quarter beginning at a point on the West line of said Southwest Quarter of the Northwest Quarter distant 643.50 feet North of the Southwest comer of said Southwest Quarter of the Northwest Quarter; thence East 330.00 feet; thence South 33.00 feet; thence West 330.00 feet; thence North 33.00 feet to the point of beginning. Also except the East 227.60 feet of the West 457.60 feet of the South 478.50 feet thereof. Also except the South 128.00 feet of the West 230.00 feet lying East of the West 165.00 feet thereof. Also except the North 136,00 feet of the South 264.00 feet of the West 230.00 feet lying East of the West 165.00 feet thereof. Also except the North 33.00 feet of the South 297.00 feet of the West 230.00 feet lying East of the West 165.00 feet thereof. Also except the East 65.00 feet of the West 230.00 feet of the North 90.75 feet of the South 387.75 feet thereof. Also except the North 90.75 feet of the South 478.50 feet of the West 230.00 feet thereof. And The South 255.62 feet lying East of the West 314,50 feet of the East 636.12 and lying West of the East 255.62 feet of the Southeast Quarter of the Northwest Quarter of Section 5, Township 113, Range 19. 113970 EXHIBIT B Map of property subject to immediate annexation: 113970 I I '\ I J LJ ~lr ~ u I - '" '" ~ - f---- r ~B~ I I n - .. .... -. -- - T ,,, 3(:~ -. . CASTLE ROCK TO\.JNSHIP ------- ~ --- -- $ - / J.. \ ~I( ... (J c U TSI~ '" /: I: CITY UlllTS .f . I ... <? / ---- v/ J - / --- - -!"'~ -4 "'--'f - I - :3~ -- -~ - - - - . - ~ J.. ~ .-,~---_.-. I -- a:: 0 , ~ <.- - Z z I w ~ I z w 0 '--- I l I - I 1 I - I r -- - , I I I I I I -..-. --. I" GARVEY IEMPEY ANNEXA TIDN _I Property to be Annexed 1 D Existing City of Farmington , IN THE MATTER OF THE PETITION FOR DETACHMENT OF CERTAIN LAND FROM THE CITY OF FARMINGTON, MINNESOTA PURSUANT TO MINNESOTA STATUTES 414.06 ------------------------------------------------ TO: Office of Administrative Hearings, Municipal Boundary Adjustments PETITIONERS STATE: The number of petitioners required by M.S. 414.06, Subd. 1, to commence this proceeding is: all of the property owners if the area is less than 40 acres; or 75% or more of the property owners in number ifthe area is more than 40 acres. It is hereby requested by: X all of the property owners, the area is less than 40 acres; or _75% or more of the property owners, the area is more than 40 acres; to detach certain property described herein from the City of Farmington, Dakota County and make that property a part of the Township of Castle Rock. 1. There are o property owners in the area proposed for detachment. 2. All property owners have signed this petition. (If the land is owned by both the husband and wife, both must sign the petition to represent all owners.) 3. The property is situated within the City of Farmington, abuts the municipal boundary and the boundary of the Township of Castle Rock, in the County of Dakota. The petitioned area abuts on the city's N ~ E W (circle one) boundary(ies). 4. The property proposed for detachment is rural in character and not developed for urban residential, commercial, or industrial purposes. 5. The number of acres in the property proposed for detachment is approximately 1/3 of an acre and is described as follows: The South 255.62 feet lying East of the West 314.50 feet of the East 636.12 and lying West of the East 255.62 feet of the Southeast Quarter of the Northwest Quarter of Section 5, Township 113, Range 19. 6. The reason detachment is requested is to allow the subject property to be combined with an abutting parcel currently within the township for continued use by the owner of that parcel for driveway purposes. 7. The number of residents in the area proposed for detachment is 0 of residents is not necessarily the same as number of owners.) (The number 8. The number and character of buildings on said property is: none 9. Public improvements on said property are: none Date: /--17 - b~ Pro~ Property Owner RESOLUTION No. 006-117 CITY OF FARMINGTON DAKOTA COUNTY A RESOLUTION FOR DETACHMENT OF CERTAIN LAND FROM THE CITY PURSUANT TO M.S. 414.06 WHEREAS, as required by M.S. 414.06 the City has received a signed petition from all of the property owners of the property requested to be detached from the City and the property is less than 40 acres, and; WHEREAS, there are -.JL property owners in the area proposed for detachment, and; WHEREAS, the property is situated within the City of Farmington, abuts the municipal boundary and the boundary ofthe Township of Castle Rock, all in the County of Dakota, and; WHEREAS, the ~etitioned area abuts on the city's southern boundary (East of Highway 3 and abutting 225t Street, and; WHEREAS, the property proposed for detachment is rural in character and not developed for urban residential, commercial, or industrial purposes. WHEREAS, the number of acres in the property proposed for detachment is approximately 1/3 of an acre and is described as follows: The South 255.62 feet lying East of the West 314.50 feet of the East 636.12 and lying West of the East 255.62 feet of the Southeast Quarter of the Northwest Quarter of Section 5, Township 113, Range 19, and; WHEREAS, the reason detachment is requested is to allow the subject property to be combined with an abutting parcel currently within the township for continued use by the owner ofthat parcel for driveway purposes, and; WHEREAS, the number of residents in the area proposed for detachment is zero, there are no buildings or public improvements on the property and; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Farmington, that the City of Farmington hereby requests the Department of Administrative Hearings - Municipal Boundary Adjustments to detach certain properties described herein from the City of Farmington and make them a part of the Township of Castle Rock Date: Kevan A. Soderberg, Mayor Robin Roland, Acting City Administrator I ~ 5lJ RiEBl ~ t-- I ...~.... ...... -- I n r T au 1 jVI~ CASTLE ROCK TOW'NSHIP ~ ~ - ~ ,/ / t () ( UTSID CITY LIMITS ~ i;j 10.. ~ LL / ~ ~ ti?l 1~ "'"'z ~(: -.I, v_U= 2 v- _ a: 0 -' r-- ~- z z W I- Z W 0 -- - l - - - - - - I I I --- GARVEY IEMPEY ANNEXA TIDN D Property to be Detached ! D Existing City of Farmington I I Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page- COUNCIL MEETING ON JANUARY 17, 2006 Vendor Business Unit Object Amount 4 PAWS ANIMAL CONTROL POLICE ADMINISTRATION PROFESSIONAL SERVICES 2,353.65 2,353.65 AA EQUIPMENT COMPANY DOWNTOWN LIQUOR REV & EXP MACHINERY & EQUIPMENT 1,144.84 1,144.84 AFFINITY PLUS FEDERAL CREDIT U EMPLOYEE EXPENSE FUND CREDIT UNION PAYABLE 2,500.00 2,500.00 AGGREGATE INDUSTRIES INC WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 130.21 130.21 AL'S LOCK AND KEY SWIMMING POOL OPERATIONS BUILDING SUPPLIES & PARTS 75.92 ICE ARENA OPERATIONS EXPENSE BUILDING REPAIR SERVICE 171.45 247.37 .. - - - - ALCORN BEVERAGE CO. INC. DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 24,983.60 24,983.60 ALLSTATE SALES & LEASING CORP. SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 19.58 19.58 AMERICAN PAYMENT CENTERS SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 19.11 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 19.11 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 19.11 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 19.11 76.44 AMERICAN STUDENT TRANSPORTATIO RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 290.00 290.00 ANCOM TECHNICAL CENTER FIRE SERVICES EQUIPMENT REPAIR SERVICE 91.59 91.59 APEX INDUSTRIES FLEET OPERATIONS OTHER SUPPLIES & PARTS 84.95 84.95 AQUILA PARK MAINTENANCE NATURAL GAS 228.47 228.47 ARCTIC GLACIER ICE DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 335.24 ~~ 335.24 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page - 2 Vendor Business Unit Object Amount ASPENWALL TREE SERVICE INC NATURAL RESOURCES PROFESSIONAL SERVICES 1,704.00 1,704.00 ASSN OF METROPOLITAN MUNICIPAL LEGISLATIVE CONTROL SUBSCRIPTIONS & DUES 5,024.00 5,024.00 BCNTRAINING & DEVELOPMENT PATROL SERVICES TRAINING & SUBSISTANCE 240.00 INVESTIGATION SERVICES TRAINING & SUBSISTANCE 120.00 360.00 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,097.76 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 140.51 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 215.92 PILOT KNOB LIQUOR REVENUE OTHER SUPPLIES & PARTS 90.60 1,544.79 BONESTROO ROSENE ANDERLlK INC ENGINEERING SERVICES PROFESSIONAL SERVICES 4,886.25 STREET MAINTENANCE PROFESSIONAL SERVICES 425.50 PARK IMPROVEMENT FUND PROFESSIONAL SERVICES 373.83 STREET CONSTRUCTION PROFESSIONAL SERVICES 219.50 ASH STREET PROJECT PROFESSIONAL SERVICES 37,397.52 195TH ST EXTENSION PROFESSIONAL SERVICES 10,440.49 SPRUCE ST EXTENSION PROFESSIONAL SERVICES 6,160.50 FIRE CAPITAL PROJECTS PROFESSIONAL SERVICES 523.50 PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 19,048.13 HILLDEE RECONSTRUCTION PROFESSIONAL SERVICES 19,061.39 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 5,971.70 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 21,218.29 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 2,693.17 WELL #8 PROFESSIONAL SERVICES 41,746.52 INSURANCE PROFESSIONAL SERVICES 107.00 170,273.29 BREISACHER, WAYNE SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 14.75 14.75 CALLAHAN, JAMES H ASH STREET PROJECT PROFESSIONAL SERVICES 952.65 952.65 CAP AGENCY SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 11.90 11.90 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page - 3 Vendor Business Unit Object Amount CARDMEMBER SERVICES GENERAL FUND BALANCE SHEET DEPOSITS PAYABLE 1,616.56 LEGISLATIVE CONTROL PROFESSIONAL SERVICES 80.18 GENERAL ACCOUNTING LEGAL NOTICES PUBLICATIONS 1,449.00 RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 95.09 ICE ARENA OPERATIONS EXPENSE PROGRAMMING EXPEf\lSI= 18'8 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 302.59 3,561.70 CAREY, TODD ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 660.00 660.00 CATARACT FIRE RELIEF ASSOC FIRE SERVICES EMPLOYEE BENEFITS 30,000.00 30,000.00 CATCO PARTS SERVICE STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 185.36 SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 186.13 PARK MAINTENANCE VEHICLE SUPPLIES & PARTS 8.64 380.13 CINTAS - 754 POLICE ADMINISTRATION PROFESSIONAL SERVICES 156.44 STREET MAINTENANCE UNIFORMS & CLOTHING 437.96 PARK MAINTENANCE UNIFORMS & CLOTHING 153.09 BUILDING MAINT SERVICES UNIFORMS & CLOTHING 8.64 BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 56.31 RECREATION PROGRAM SERVICES UNIFORMS & CLOTHING 51.21 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 70.41 SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 330.21 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 70.41 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 14.07 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 70.41 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 219.79 FLEET OPERATIONS UNIFORMS & CLOTHING 64.52 1,703.47 CMI MAILING & MARKETING SVS SEWER OPERATIONS EXPENSE POSTAGE 216.12 SOLID WASTE OPERATIONS POSTAGE 216.12 WATER UTILITY EXPENSE POSTAGE 216.12 648.36 CNH CAPITAL PARK MAINTENANCE RENTAL OF EQUIPMENT 417.05 417.05 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page - 4 Vendor Business Unit Object Amount COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 25,670.30 25,670.30 COMMUNITY ACTION COUNCIL ADMINISTRATION TRAINING & SUBSISTANCE 32.00 32.00 CONOCOPHILLlPS FLEET FIRE SERVICES FUEL 46.09 SNOW REMOVAL SERVICES FUEL 42.41 WATER UTILITY EXPENSE FUEL 43.95 132.45 CORPRO COMPANIES WATER UTILITY EXPENSE PROFESSIONAL SERVICES 510.00 510.00 CRAWFORD DOOR SALES OF BUILDING MAINT SERVICES BUILDING REPAIR SERVICE 95.00 95.00 CREEK STONE PARTNERS GENERAL FUND REVENUES BUILDING PERMITS 2,994.60 2,994.60 CULLIGAN ULTRAPURE INDUSTRIES DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 22.80 22.80 DAKOTA COUNTY LICENSE CENTER INVESTIGATION SERVICES VEHICLE LICENSES, TAXES, FEES 94.50 PARK MAINTENANCE VEHICLE LICENSES, TAXES, FEES 103.50 198.00 DAKOTA ELECTRIC ASSOCIATION EMERGENCY MGMT SERVICES ELECTRIC 10.66 SIGNAL MAINTENANCE ELECTRIC 4,596.44 4,607.10 DAMON FARBER ASSOCIATES PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 1,507.20 1,507.20 DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,330.35 4,330.35 DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 21,512.83 21,512.83 DISCOUNT STEEL INC SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 404.41 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/2006 11 :16:27 Council Check Summary Page - 5 Vendor Business Unit Object Amount 404.41 DUBBELS, TOM PARK MAINTENANCE OTHER SUPPLIES & PARTS 18.00 18.00 DYNAMEX PRI"ATE CAPITAL PROJECTS PROFESSIONAl SI=RVICI=S 4641 46.41 ECONO FOODS GENERAL FUND BALANCE SHEET DEPOSITS PAYABLE 64.40 64.40 EMERGENCY APPARATUS MAINTENANC FIRE SERVICES VEHICLE REPAIR SERVICE 636.92 636.92 EMERGENCY MEDICAL PRODUCTS INC PATROL SERVICES EQUIP SUPPLIES & PARTS 74.25 74.25 EXTREME BEVERAGE LLC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 576.00 576.00 FARMINGTON CITY CENTER LLC DOWNTOWN LIQUOR REV & EXP BUILDING RENTAL 10,468.77 10,468.77 FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 50.00 50.00 FARMINGTON HIGH SCHOOL ICE ARENA REVENUE ADMISSIONS 17.58 17.58 FARMINGTON PRINTING INC POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 3.15 POLICE ADMINISTRATION PROFESSIONAL SERVICES 4.23 POLICE ADMINISTRATION OUTSIDE PRINTING 46.54 INVESTIGATION SERVICES PROFESSIONAL SERVICES 69.55 SEWER OPERATIONS EXPENSE OUTSIDE PRINTING 530.00 SOLID WASTE OPERATIONS OUTSIDE PRINTING 530.00 WATER UTILITY EXPENSE OUTSIDE PRINTING 530.00 1,713.47 FERRELL GAS PRODUCTS CO ICE ARENA OPERATIONS EXPENSE FUEL 266.47 266.47 FIRST FRANKLIN FINANCIAL CORP SEWER OPERATIONS REVENUE ENTERPRISE SALES 36.82 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page- 6 Vendor Business Unit Object Amount 36.82 FLANAGAN SALES INC HILL DEE PARK BUILDING & STRUCTURE 25,641.00 25,641.00 FOGARTY, CHRISTY JO HRNECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 300.00 300.00 FRIEDGES CONTRACTING LLC ASH STREET PROJECT CONSTRUCTION CONTRACTS 128,874.03 128,874.03 GENERAL PARTS SENIOR CENTER PROGRAMS EQUIPMENT REPAIR SERVICE 228.50 228.50 GILMER, DARREL BUILDING INSPECTIONS TRAINING & SUBSISTANCE 100.00 100.00 GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 11,898.14 11,898.14 HOFFMAN'S CUSTOM CASEWORK INC LIQUOR OPERATIONS MN SALES TAX DUE 20.80- DOWNTOWN LIQUOR REV & EXP FURNITURE & OFFICE E 340.80 320.00 HOHENSTEINS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 3,674.05 3,674.05 HOLLATZ, LEE INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 69.20 INVESTIGATION SERVICES UNIFORMS & CLOTHING 109.97 179.17 HOME DEPOT ASH STREET PROJECT OTHER SUPPLIES & PARTS 107.52 107.52 ICMA RETIREMENT TRUST -457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,006.92 5,006.92 IKON OFFICE SOLUTIONS ADMINISTRATION EQUIPMENT REPAIR SERVICE 1,243.00 1,243.00 IMAGETECH SERVICES PRIVATE CAPITAL PROJECTS OFFICE SUPPLIES 65.32 65.32 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page - 7 Vendor Business Unit Object Amount INNOVATIVE BUSINESS PRODUCTS CABLE/COMMUNICATIONS PROJECTS OFFICE SUPPLIES 264.42 264.42 INTERSTATE BATTERY TWIN CITIES PATROL SERVICES EQUIP SUPPLIES & PARTS 25.52 99.96 J P COOKE CO POLICE ADMINISTRATION PROFESSIONAL SERVICES 172.11 172.11 JAYTECH INC ICE ARENA OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 264.60 264.60 JOHNSON BROTHERS LIQUOR COMPAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 9,413.14 PILOT KNOB LIQUOR REVENUE COST OF GOODS SOLD 727.81 10,140.95 KALLEVIG, DUANE SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 13.67 13.67 KDWA-AM DOWNTOWN LIQUOR REV & EXP ADVERTISING 85.00 85.00 KELLY ELECTRIC INC ICE ARENA OPERATIONS EXPENSE BUILDING REPAIR SERVICE 114.41 114.41 KING, DEBI GENERAL FUND REVENUES PLUMBING & HEATING PERMITS 47.00 47.00 LAKEVILLE VACUUM BUILDING MAl NT SERVICES BUILDING SUPPLIES & PARTS 552.17 552.17 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELS DUES PAYABLE 240.50 240.50 LAWSON PRODUCTS INC FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 147.58 147.58 LEWIS, KENNETH R BUILDING INSPECTIONS MILEAGE REIMBURSEMENT 28.03 28.03 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page- 8 Vendor Business Unit Object Amount LONE OAK COMPANIES INC SEWER OPERATIONS EXPENSE POSTAGE 150.00 SOLID WASTE OPERATIONS POSTAGE 150.00 STORM WATER UTILITY OPERATIONS POSTAGE 150.00 WATER UTILITY EXPENSE POSTAGE 150.00 600.00 M. AMUNDSON LLP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 558.47 558.47 M. SHANKEN COMMUNICATIONS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 12.50 12.50 MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 14,827.53 14,827.53 MASS SENIOR CENTER PROGRAMS SUBSCRIPTIONS & DUES 30.00 30.00 MAXIMUM VOLTAGE INVESTIGATION SERVICES EQUIPMENT REPAIR SERVICE 57.97 57.97 MCGINNIS, MIKE ICE ARENA REVENUE LESSONS 75.00 75.00 MCLANDSBOROUGH, JAMES SEWER OPERATIONS DEPOSITS PAYABLE 299.00 299.00 MCMILLEN, CINDY SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 21.27 21.27 MCNEILUS TRUCK & MFG CO SEWER OPERATIONS MN SALES TAX DUE 3.27- SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 53.59 50.32 METROCALL INC PATROL SERVICES CELLULAR PHONES 15.73 SEWER OPERATIONS EXPENSE CELLULAR PHONES 1.87 WATER UTILITY EXPENSE CELLULAR PHONES 1.87 19.47 METROPOLITAN COUNCIL SEWER OPERATIONS REVENUE SAC CHARGE RETAINER 37,323.00 37,323.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page - 9 Vendor Business Unit Object Amount MINNESOTA AFSCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 669.40 669.40 MINNESOTA BENEFIT ASSOCIATION EMPLOYEE EXPENSE FUND MBA PAYABLE 164.09 164.09 MINNESOTA PIPE AND EQUIPMENT WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 479.57 479.57 MINNESOTA RECREATION & PARKAS PARK MAINTENANCE SUBSCRIPTIONS & DUES 168.00 RECREATION PROGRAM SERVICES SUBSCRIPTIONS & DUES 923.00 SENIOR CENTER PROGRAMS SUBSCRIPTIONS & DUES 168.00 1,259.00 MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 1,810.35 1,810.35 MINNESOTA STATE TREASURER GENERAL FUND REVENUES BUILDING PERMITS 8,210.16 8,210.16 MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 992.60 992.60 MN DEPT OF REVENUE EMPLOYEE EXPENSE FUND GARNISHMENT PAYABLE 317.35 317.35 MN DEPT OF TRANSPORTATION ASH STREET PROJECT PROFESSIONAL SERVICES 696.36 696.36 MN GOVERNMENT FINANCE OFFICERS GENERAL ACCOUNTING SUBSCRIPTIONS & DUES 80.00 80.00 MOGENSEN, GLENN SEWER OPERATIONS EXPENSE TRAINING & SUBSISTANCE 43.00 43.00 MOODY COUNTY CLERK OF COURTS EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 175.00 175.00 MUZAK - NORTH CENTRAL DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 56.98 PILOT KNOB LIQUOR REVENUE PROFESSIONAL SERVICES 57.03 114.01 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/2006 11 :16:27 Council Check Summary Page - 10 Vendor Business Unit Object Amount MVTL LABORATORIES INC WATER UTILITY EXPENSE PROFESSIONAL SERVICES 28.00 28.00 NEXTEL COMMUNICATIONS ADMINISTRATION CELLULAR PHONES 123.70 HUMAN RESOURCES CELLULAR PHONES 54.43 BUILDING INSPECTIONS CELLULAR PHONES 147.14 COMMUNITY DEVELOPMENT CELLULAR PHONES 44.33 PATROL SERVICES CELLULAR PHONES 629.62 FIRE SERVICES CELLULAR PHONES 217.72 ENGINEERING SERVICES CELLULAR PHONES 214.76 PARK MAINTENANCE CELLULAR PHONES 256.00 BUILDING MAINT SERVICES CELLULAR PHONES 92.71 RECREATION PROGRAM SERVICES CELLULAR PHONES 179.44 SENIOR CENTER PROGRAMS CELLULAR PHONES 20.57 DOWNTOWN LIQUOR REV & EXP CELLULAR PHONES 39.37 SEWER OPERATIONS EXPENSE CELLULAR PHONES 92.72 SOLID WASTE OPERATIONS CELLULAR PHONES 239.85 WATER UTILITY EXPENSE CELLULAR PHONES 92.72 FLEET OPERATIONS CELLULAR PHONES 54.43 2,499.51 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 1,695.76 1,695.76 OLSON, DAN SEWER OPERATIONS REVENUE ENTERPRISE SALES 9.63 9.63 ORKIN EXTERMINATING BUILDING MAINT SERVICES PROFESSIONAL SERVICES 69.11 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 68.43 137.54 PELLlCCI HARDWARE & RENTAL ENGINEERING SERVICES OTHER SUPPLIES & PARTS 7.44 STREET MAINTENANCE OTHER SUPPLIES & PARTS 38.77 PARK MAINTENANCE OTHER SUPPLIES & PARTS 32.27 BUILDING MAINT SERVICES BUILDING REPAIR SERVICE 38.59 HRNECONOMIC DEVELOPMENT EQUIP SUPPLIES & PARTS 10.52 ICE ARENA OPERATIONS EXPENSE BUILDING REPAIR SERVICE 38.17 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 106.16 SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 374.44 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 104.24 750.60 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page - 11 Vendor Business Unit Object Amount PERFORMANCE PLUMBING AND WATER UTILITY EXPENSE DATA PROCESSING 328.50 328.50 PETROFSKE,RANDY DOWNTOWN LIQUOR REV & EXP FURNITURE & OFFICE E 16.43 16.43 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,243.20 4,243.20 PITNEY BOWES ADMINISTRATION RENTAL OF EQUIPMENT 555.00 555.00 PREMIER FENCE INC SILVER SPRINGS PARK OTHER CONSTRUCTION COSTS 8,201.00 8,201.00 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 9,841.47 EMPLOYEE EXPENSE FUND PERA 11,916.61 21,758.08 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 3,246.24 3,246.24 R & R SPECIAL TIES OF WISCONSIN ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 48.00 48.00 R&R CLEANING CONTRACTORS INC. DOWNTOWN LIQUOR REV & EXP BUILDING REPAIR SERVICE 34.76 34.76 RED WING ACE HARDWARE PARK MAINTENANCE OTHER SUPPLIES & PARTS 89.48 89.48 RIVERTOWN NEWPAPER GROUP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 12.60 12.60 ROC INC FIRE SERVICES PROFESSIONAL SERVICES 216.20 BUILDING MAINT SERVICES PROFESSIONAL SERVICES 1,711.46 SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 858.39 2,786.05 ROSEMOUNT, CITY OF PATROL SERVICES SUBSCRIPTIONS & DUES 2,100.00 2,100.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/200611:16:27 Council Check Summary Page - 12 Vendor Business Unit Object Amount RYAN CONTRACTING MIDDLE CREEK PARK OTHER CONSTRUCTION COSTS 27,133.00 SEWER OPERATIONS EXPENSE OTHER CONSTRUCTION COSTS 5,921.00 33,054.00 SAVOIE SUPPLY CO. INC. BUILDING MAINT SERVICES CLEANING SUPPLIES 249.19 249.19 SCHUMACHER, LEO F ASH STREET PROJECT PROFESSIONAL SERVICES 924.30 924.30 SCHWANZ LAND SURVEYORS INC, DE STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 530.00 530.00 SCHWANZ, TINA COMMUNITY DEVELOPMENT MILEAGE REIMBURSEMENT 19.40 19.40 SPARTAN PROMOTIONAL GROUP INC SOLID WASTE OPERATIONS PROGRAMMING EXPENSE 2,155.62 2,155.62 SPEEDWAY SUPERAMERICA LLC - 00 BUILDING INSPECTIONS FUEL .37 PATROL SERVICES FUEL 1,463.79 FIRE SERVICES FUEL 161.38 STREET MAINTENANCE FUEL 2.11 NATURAL RESOURCES FUEL 1.08 PARK MAINTENANCE FUEL 458.74 SOLID WASTE OPERATIONS FUEL 265.40 STORM WATER UTILITY OPERATIONS FUEL 2.29 FLEET OPERATIONS FUEL 106.24 2,461.40 SPRINT PATROL SERVICES CELLULAR PHONES 392.14 392.14 STAR TRIBUNE POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 215.80 215.80 STERLING CODIFIERS INC ADMINISTRATION PROFESSIONAL SERVICES 500.00 500.00 SUNDGREN, MARK INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 102.20 102.20 R55CKSUM LOG23000VO CITY OF FARMINGTON 1/12/2006 11: 16:27 Council Check Summary Page - 13 Vendor Business Unit Object Amount TAURINSKAS, P. JAMES ASH STREET PROJECT PROFESSIONAL SERVICES 1,102.65 1,102.65 TELEDYNE ISCO INC SEWER OPERATIONS EXPENSE MACHINERY & EQUIPMENT 46,607.32 46,607.32 TOTAL MEDIA INC GENERAL FUND BALANCE SHEET MN SALES TAX DUE 4.42- PATROL SERVICES OFFICE SUPPLIES 72.39 67.97 TOWN'S EDGE CAR CARE BUILDING INSPECTIONS FUEL 48.00 48.00 U S BANK TRUST N A REFUNDING BONDS 20040 FISCAL AGENT FEES 402.50 402.50 UNDERGROUND PIERCING INC FIRE CAPITAL PROJECTS MN SALES TAX DUE 15.44- FIRE CAPITAL PROJECTS OTHER CONSTRUCTION COSTS 252.94 237.50 UNIFORMS UNLIMITED INC PATROL SERVICES EQUIPMENT REPAIR SERVICE 356.93 356.93 UNITED PARCEL SERVICE COMMUNICATIONS POSTAGE 7.43 POLICE ADMINISTRATION POSTAGE 54.74 FIRE SERVICES POSTAGE 7.43 EMPLOYEE EXPENSE FUND DEPOSITS PAYABLE 27.84 97.44 UNITED STATES POSTAL SERVICE COMMUNICATIONS POSTAGE 2,000.00 2,000.00 UNIVERSITY OF MINNESOTA ENGINEERING SERVICES TRAINING & SUBSISTANCE 245.00 245.00 VERIZON WIRELESS FIRE SERVICES CELLULAR PHONES 15.35 15.35 VOGEL, ROBERT C BOARDS & COMMISSIONS PROFESSIONAL SERVICES 4,000.00 4,000.00 WASTEQUIP/RAYFO SOLID WASTE OPERATIONS EQUIP SUPPLIES & PARTS 266.25 R55CKSUM LOG23000VO CITY OF FARMINGTON Council Check Summary Vendor Business Unit Object WATERSHED PARTNERS NPDES Phase II OUTSIDE PRINTING WELLS FARGO BANK CAPITAL ACQUISITION DEBT PRINCIPAL WENDLANDT,BRENDA HUMAN RESOURCES MILEAGE REIMBURSEMENT WINE MERCHANTS DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD XCEL ENERGY DOWNTOWN LIQUOR REV & EXP SEWER OPERATIONS EXPENSE ELECTRIC ELECTRIC Report Totals ;:;;:ALS: SODERBERG FOGARTY [JJ:{ ~ MCKNIGHT ~f. PRffiTZLAFF ~ILSON 1/12/200611:16:27 Page - 14 Amount 266.25 1,500.00 1,500.00 26,450.13 26,450.13 107.19 107.19 799.48 799.48 181.33 10.86 192.19 758,061.96