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Home My WebLink About03.07.05 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 promising future. AGENDA PRE-CITY COUNCIL MEETING MARCH 7, 2005 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS a) Set Council Workshop - Administration b) Aesthetic Options - Spruce Street Project - Engineering 6. ADJOURN PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be consideredfact-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. \ 0 u: e a c;. .. q dJ..~ ~ '. 3~ o ,..,. :J Cb t: < 3 ~ Cb'< :J II ~~. ~ ~ rr ~ ::J .., - 9.' g' ~ '" 'J". ::;. '" -...J ;:::--""- < tr ~ ~ -. ~. Q :5 ., CITY OF FARMINGTON Spruce Street Extension Project Project Cost Analysis March 2, 2005 BASE COSTS (ASSUMED REQUIRED FOR ANY PROJECT) Denmark Avenue Improvements Bridge Costs Bridge Aesthetics Wetland Mitigation $154,000.00 $1,200,000.00 $132,000.00 $130,000.00 Subtotal $1,616,000.00 BASE ROADWAY AND STORM SEWER COSTS (ASSUMES BITUMINOUS TRAIL ON ONE SIDE OF ROADWAY) Demark to Bridge Bridge to West Terminus $153,700.00 $960,500.00 Subtotal $1,114,200.00 STREETSCAPING FEATURES COSTS Demark to Bridge Street Lights Trees, Shrubs and Plantings Upgrade to Concrete Walk Miscellaneous Plantings $28,600.00 $22,200.00 $12,700.00 $4,500.00 Subtotal $68,000.00 Bridge to West Terminus Street Lights Trees, Shrubs and Plantings Miscellaneous Plantings $148,600.00 $51,000.00 $48,200.00 Subtotal $247,800.00 TOTAL FEASIBILITY STUDY PROJECT COSTS $3,046,000.00 ITEMS ADDED SUBSEQUENT TO FEASIBILITY STUDY Entry Monument and Plaza Entry Pillars $210,000.00 $51,000.00 Subtotal $261,000.00 TOTAL PROJECT COST TO DATE $3,307,000.00 $768.50 per L.F. $768.40 per L.F. $143.00 per L.F. $111.00 per L.F. $8.34 per SF $22.50 per L.F. $118.88 per L.F. $40.80 per L.F. $38.56 per L.F. .. 11.. Bonestroo ... Rosene -=- Anclerlik & 1\'11 Associates Engineers & Architects I I 1 l _._,__,,'_._~__.__~_~._,_ _ ___.._ _ _...___...____ _, __.........J . . f . P1vil1- Citie~~~ ilfetrojJolit(ll1. /1.t'e(1 MVTA ...---.__' .__, -. ..... '"',____...i. '..,.......... ___~......,... ~..;u...___..;.-:.................,,~~ _ .- _ ".. ._._ ""_'"'""'.______~ _.~"'" ....... _.10,_........ ......-..:.-- ... t Corridor Park & Rides (Usage/Capacity) I Burnsville Transit Station (1200/1260) Apple Valley Transit Station (633/568) Eagan Transit Station (273/610) Blackhawk (247/361) Palomino Hills (208/312) Savage Park & Ride (68/182) Heart of the City (4/350) MVTA Bus Routes Other Park & Rides o Active Future New or Expansion o Survey Date: October 2004 o 0,,5 1 2 Mi les N ft:. Mctro.politan Council W1~E ..&Lm S ~ Metro Transit . i I t J'.). -, ~ . . I I 4 t . ,--;-, t "'-",,"br-'"~''' r~---- I .1 il <. ~ . '. 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I ......... lrr III IT ~'" i'l: 153 rd o =n =='- ~ ~(r , r---' 1!~~ ~O (( oj i GOODWILL 25.000 56,456 WATSONS B o ~ '., .~ !l L-_---1 i :1 n ~ II I i ! .~:=:J ; J ~ ~ Roundtable Discussion with the Metropolitan Council to Discuss Apple Valley Park and Ride Agenda I) Introduction - Tom Poul (Suburban Transit Association) II) Regional challenges faced by current transit taxing district - Tom Weaver (Metropolitan Council) III) "Out of Area Park and Ride Users" (Information from Metropolitan Council License Plate Study) IV) Discussion of Regional Sohition · Legislation allowing a community joining the transit taxing district to use funds for operation/bus service V) Discussion on Potential Solutions (both long and short term) to Apple Valley's Park and Ride Problem · Structure agreement with Met Council and Lakeville for transit service · Add 2nd level to Apple Valley Park and Ride · Renegotiate space from Watson's/ other parking lot in area a. 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NOTES - :00 - 36D ~ ~V~L DO)( .-\0 \ . \. f~\ k Ms ~'\\I\-e... -2- 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 promising future. AGENDA REGULAR CITY COUNCIL MEETING March 7, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Acknowledge Retirement - Fire Department 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/22/05 Regular) (2/28/05 Special) b) School and Conference - Fire Department c) Capital Outlay - Parks and Recreation d) Capital Outlay - Solid Waste e) Appointment Recommendation Public Works - Human Resources f) Appointment Recommendation Solid Waste - Human Resources g) Appointment Recommendation Fire Department - Human Resources h) School and Conference - Police Department i) Approve Joint Powers Agreement Dakota County Drug Task Force - Police Department j) Adopt Ordinance - Amending Solid Waste Ordinance - Parks and Recreation k) Adopt Resolution - Gambling Event Permit - Administration 1) Adopt Resolution - Ash Street Project Agreement - Engineering m) Adopt Resolution - Authorize Eminent Domain Ash Street Project - Engineering n) Authorize Easement Acquisition - Ash Street Project - Engineering 0) Adopt Resolution - Dakota County Prohibited Noxious Weed List - Engineering p) School and Conference - Council q) Letters of Support for Federal Dollars for Public Safety Center- Administration r) Approve Bills Action Taken Acknowledged Approved Approved Information Received Information Received Approved Approved Approved Information Received Approved Ord 005-524 R20-05 R21-05 R22-05 Approved R23-05 Approved Approved Approved 8. PUBLIC HEARINGS a) Adopt Resolution - 2005 Seal Coat Project Hearing - Engineering 9. AWARD OF CONTRACT a) Adopt Resolution - Ash Street Project - Engineering (Supplemental) 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Veterans Memorial- Parks and Recreation b) Approve Park Master Plans - Parks and Recreation c) Adopt Ordinance and Resolution - Zoning Map and Comprehensive Plan Amendment - Farmington Business Park - Community Development (Supplemental) d) Adopt Resolution - Farmington Business Park Preliminary and Final Plat - Community Development (Supplemental) 11. UNFINISHED BUSINESS a) Council Discussion of Sidewalk Placement on Ash Street - Council (Supplemental) 12. NEW BUSINESS a) Consider Expansion of Pilot Knob Liquor Store Lease Area - Finance b) Appointment of Representatives to ISD 192 Facility Project Team- Administration 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION - Power Line Appeal 15. ADJOURN R24-05 R25-05 Approved Approved Ord 005-525; R26-05 R27-05 Discussed Authorized Councilmember McKnight City Administrator Urbia 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 promising future. AGENDA REGULAR CITY COUNCIL MEETING March 7, 2005 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 a) Acknowledge Retirement - Fire Department 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/22/05 Regular) (2/28/05 Special) b) School and Conference - Fire Department c) Capital Outlay - Parks and Recreation d) Capital Outlay - Solid Waste e) Appointment Recommendation Public Works - Human Resources f) Appointment Recommendation Solid Waste - Human Resources g) Appointment Recommendation Fire Department - Human Resources h) School and Conference - Police Department i) Approve Joint Powers Agreement Dakota County Drug Task Force - Police Department j) Adopt Ordinance - Amending Solid Waste Ordinance - Parks and Recreation k) Adopt Resolution - Gambling Event Permit - Administration 1) Adopt Resolution - Ash Street Project Agreement - Engineering m) Adopt Resolution - Authorize Eminent Domain Ash Street Project - Engineering n) Authorize Easement Acquisition - Ash Street Project - Engineering 0) Adopt Resolution - Dakota County Prohibited Noxious Weed List - Engineering p) School and Conference - Council q) Letters of Support for Federal Dollars for Public Safety Center- Administration r) Approve Bills Action Taken Page 1 Pages 2-29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Pages 37-47 Pages 48-50 Pages 51-52 Pages 53-65 Pages 66-69 Page 70 Pages 71-72 Pages 73-76 Pages 77-82 Page 83 8. PUBLIC HEARINGS a) Adopt Resolution - 2005 Seal Coat Project Hearing - Engineering Pages 84-88 9. AWARD OF CONTRACT a) Adopt Resolution - Ash Street Project - Engineering (Supplemental) Page 89 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Veterans Memorial-Parks and Recreation b) Approve Park Master Plans - Parks and Recreation Pages 90-97 Pages 98-112 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Consider Expansion of Pilot Knob Liquor Store Lease Area - Finance b) Appointment of Representatives to ISD 192 Facility Project Team- Administration Pages 113-116 Pages 117-122 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION - Power Line Appeal 15. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 5CJ--- TO: Mayor, Councilmembers, and City Administrato~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Retirement - Fire Department DATE: March 7, 2005 INTRODUCTION The City received notice that Mr. Bob Doll has retired from his position as a volunteer fire fighter. DISCUSSION The Human Resources Office received notification that Mr. Bob Doll retired on February 28, 2005 from his position as a volunteer firefighter. Mr. Doll joined the department on December 27, 1982. He has been an active member of the department, handled the memorials at the cemetery on Memorial Day and over the years, was in charge of both the Explore Post and the air pack room. The City wishes Mr. Doll well in his future endeavors. ACTION REQUESTED Acknowledge the retirement of Mr. Bob Doll, effective February 28, 2005. Respectfully Submitted, . ) 1/ /' /~~~g~~1 ~... U1<--CL4'7' .. Brenda Wendlandt, SPHR Human Resources Director cc: file )cc COUNCIL MINUTES PRE-MEETING February 22, 2005 1. CALL TO ORDER The meeting was called to order by Acting Mayor Fogarty at 6:30 p.m. Members Present: Members Absent: Also Present: Fogarty, McKnight, Pritzlaff, Wilson Soderberg Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant 2. APPROv.EAGENDA MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA a) Council Appointments to LMC and AMM Policy Committees City Administrator Urbia provided a list of policy committees. Council chose the following LMC committees they would like to attend: Improving Fiscal Futures Policy Committee - City Administrator Urbia, Councihnember Pritzlaff Improving Local Economies Policy Committee - Community Development Director Carroll, Councihnember Wilson Personnel: Human Resources and Data Practices Policy Committee - Councilmember McKnight AMM Policy Committees: Housing & Economic Development - Councihnember Fogarty Municipal Revenue & Taxation - Councihnember McKnight Transportation & General Legislation - Councihnember Pritzlaff Metropolitan Agencies - Councihnember Wilson City Administrator Urbia will forward dates of AMM Policy Committees to CounciL Council and staff reviewed the regular Council meeting agenda. Council Minutes (Regular) February 22, 2005 Page 2 5. STAFF COMMENTS a) Discussion of Sign Ordinance Violations There has been an escalation in the number of signs that violate the code. Staff asked Council what their philosophy is regarding enforcing this code. Staff asked if Council wanted staff to inform the businesses directly of the violation, or wait until a resident complaint is received. Staff reviewed the code regulations. Staff has identified the sign violators. For the minor violations, staffwill send out a letter. For the serious violations, they will contact the owner and invite them in for a meeting and give them the letter in person. Council agreed staff should enforce the ordinance and agreed with staff s recommendation. Staff will also provide solutions to the businesses. b) Council Items for March 1,2005 Joint Council/School Board Meeting City Administrator Urbia received a list of agenda items for possible discussion at the March 1 meeting. Council and staff discussed the items. This will be discussed further during the regular Council Meeting. 6. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 6:58 p.m. APIF, MOTION CARRIED. Respectfully submitted, [7~ ;>r7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR February 22, 2005 1. CALL TO ORDER The meeting was called to order by Acting Mayor Fogarty at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Acting Mayor Fogarty led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Fogarty, McKnight, Pritzlaff, Wilson Soderberg Joel J amnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Tim Gross, Assistant City Engineer; Cynthia Muller, Executive Assistant Chris and Tom Gindorff, Karen Neal, The Dakota Dreamcatchers, Troy and Matt Corrigan, Dan and Trevor Ausen, Pat and Adam Wrucke, Shelly Eldridge 4. APPROVE AGENDA Councilmember Wilson pulled item 7i) Authorize Use of Eminent Domain Ash Street Project. Councilmember Pritzlaff pulled items 7k) Approve Easement Acquisition - Ash Street Project and 71) Approve Bills. City Administrator Urbia proposed to delete item 12a) Council Appointments to LMC and AMM Policy Committees as this was handled during the pre-Council Meeting. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Ms. Elise Schroeder, President of Dakota Dreamcatchers 4-H Club, gave an update on the 2005 chair project for the Rambling River Center. Their goal is to raise $9,000 to buy 150 chairs. They have cash and pledges for 135 chairs. They thanked the sponsors for their donations. On Sunday, February 27, they will be hosting a pancake breakfast at the American Legion to raise the remaining amount needed. Council congratulated them on their good work. 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 R1S-0S Accepting Donation to the Reuse-A-Shoe Program - Parks and Recreation Approved Capital Outlay - Parks and Recreation Approved Appointment Recommendation - Human Resources Adopted RESOLUTION R16-0S Approving No Parking Restriction Ash Street Project - Engineering h) Received Information Capital Outlay - Public Works j) Approved Change Order - Main Street Phase 1 Project - 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 ofthe 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 Pritzlaffthen 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 adj acent 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. 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 175 ft. 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. Staff will 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) February 22, 2005 Page 4 b) NPDES Phase II Annual Report - Engineering Assistant City Engineer Tim Gross presented the NPDES Phase II Annual Report and Storm Water Pollution Prevention Program for 2004. The report includes information on the NPDES Phase II overview, SWPPP overview, status of compliance with permit conditions, appropriateness ofBMP's in the SWPPP, and progress in achieving measurable goals. The report must be submitted to the MPCA by March 10, 2005. MOTION by Pritzlaff, second by McKnight to close the public hearing. APIF, MOTION CARRIED. MOTION by Wilson, second by Pritzlaff approving the report. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Ordinance - Signs for Non-Residential Uses in Residential Zoning Districts - Community Development Currently the code allows one monument sign in residential districts. Staff proposed for permitted nonresidential uses, one freestanding monument sign be allowed per street frontage if an access drive is present. The Planning Commission has approved this recommendation. MOTION by McKnight, second by Pritzlaffto adopt ORDINANCE 005-523 amending Section 10-6-3(B) 2 subd. C to allow one sign per street frontage when an access drive is present for a nonresidential use in the residential zoning district. APIF, MOTION CARRIED. b) Adopt Resolution - Revising 2004 Budget - Finance General fund revenues are 95% ofthe budgeted revenue for 2004. Shortfalls came in the areas of licenses and permits and charges for services. Previously, staff discussed with Council the difference in building permit revenue for 2004. Staff modified the revenue projections at mid-year. The original budget was for 440 building permits and was revised to 300 at mid-year. At the end of the year there were 227 building permits. Other areas exceeded budgeted revenues, however the total budgeted revenue of $6,052,824 was not met. Expenditures far exceeded the budget primarily due to personnel costs. There were additional staffing levels. Additional stafftime was needed to finalize a backlog of building permits. The police department had an exceptional amount of personal leave used by officers. There was also a computational error in the original budget which has been corrected for the 2005 budget. The fire department was over budget due to additional state aid. The streets division was over budget due to where salaries were budgeted and where hours were actually worked. Parks and recreation was over due to overtime, comp time and seasonal staffing required for programs. Councilmember Wilson had asked if some if this was due to the Dew Days celebration. Staff cannot quantify what the actual dollar value is, but that would have contributed to overtime and staffing budgets. Staff is reviewing how to quantify this with a dollar amount. The preliminary analysis shows a net reduction to the fund balance of $647,469. This would bring the fund balance to Council Minutes (Regular) February 22,2005 Page 5 21 % of annual operating expenditures. Council has tried to follow a policy of 35%-45% fund balance. Two years ago the City had a 43% fund balance, and at the end of2003, the City was at 35%. The proposed resolution would adjust the budget to reflect what was discussed at the workshops in June and October. One solution, as a one time only occurrence, was to put all of the franchise fee revenue into the general fund for 2004, which was done. The budget does not reflect another solution which is taking all of the investment income revenue from the City's pooled portfolio and splitting it between the general fund and the water fund. That split of75% to the general fund and 25% to the water fund would help alleviate the revenue shortfall. There would then be a 25% fund balance. The auditors felt this would be a reasonable response to this situation. Council and staff discussed various areas of the budget. Councilmember Wilson would like to revisit the building permit numbers mid- year. Finance Director Roland explained that mid-year 2005 when budgets are revised, staffwill ask Council to make it official and actually revise the reports that are distributed. When the budget was prepared for 2005, staffput less reliance on non-tax forms of revenue. The 2005 budget assumes there will be less than 350 new homes built. Councilmember Pritzlaff asked if in 2005 the fund balance would be low again, and are we over-staffed. Finance Director Roland replied staffhas discussed delaying hiring positions. Rather than hire at the beginning of the year, some positions will be hired during the year, saving money. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R18-05 revising the 2004 budget to reflect an allocation of investment income as discussed at the October budget workshop. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - Sale of Refunding Bonds - Finance Ms. Shelly Eldridge of Ehlers & Associates, stated they received three bids for the sale of $2,640,000 General Obligation Improvement Refunding Bonds. Piper J affray & Company was the low bidder at a net interest rate of 3 .49%. The City's bond rating from Moody's remains at an A2 rating. The bond issue was reduced to $2,595,000. The interest savings amounts to $143,000 over ten years. Finance Director Roland explained refunding of bonds was started in January 2004. Four have been done since then. The total savings for those four issues over the next ten years amounts to $619,684. MOTION by Wilson, second by Pritlzaffto adopt RESOLUTION R19-05 awarding the sale of the $2,595,000 G.O. Improvement Refunding Bonds of2005A to Piper Jaffray. APIF, MOTION CARRIED. 12. NEWBUSINESS 13. COUNCIL ROUNDTABLE Council Minutes (Regular) February 22, 2005 Page 6 Councilmemher Pritzlaff: Finance Director Roland did a good job and we have things to look forward to. He thanked Community Development Director Carroll for his work on the GRE issue. Councilmembers McKnight and Pritzlaff, and City Administrator Urbia also attended the GRE meeting and it did not go the way they wanted it to. He suggested Council set a workshop for informational purposes. There are some questions he would like answered. This will be placed on the next Council Agenda. Councilmemher Wilson: Thanked Community Development Director Carroll for his work on the GRE issue. He appreciated the work Finance Director Roland did on the budget. He reminded everyone of the Mayoral Charity Ball on March 5, at St. Michael's Church. This is a non-City sponsored event. 100% ofthe proceeds will go to the Community Action Council. He encouraged residents to attend. City Administrator Urhia: Reminded Council March 31 is the State of the Cities Legislative Conference. There is a transit meeting Friday, at noon, at the Met Council offices. Councilmember Fogarty explained they are assuming the transit authority is advocating bringing other cities into the taxing district. The Apple Valley Council has suggested issuing parking tickets to only Apple Valley residents. Councilmember Wilson will try to attend. As far as the agenda for the Council/School Board meeting for March 1, Councilmember Pritzlaffwanted to look at working with the school as far as recreation. Councilmember Wilson wanted to keep the agenda focused and shorter. He looked forward to the opportunity to meet with the school board. He hoped residents would attend and would like to see packets or at least agenda items available for residents who come. Councilmember McKnight agreed with Councilmember Wilson and he would like to set a schedule for the rest of the year. Councilmember Fogarty would like to talk about the infrastructure issues. She wanted to have a good discussion. Community Development Director Carroll: Gave a presentation on the outcome of the GRE power line meeting. The route is from Lakeville to Empire Township. The northern route was originally proposed by GRE. This is a 115,000 volt transmission line to meet service needs in the area. The substation will be behind Northern Natural gas, east of the industrial park. The line would go north along Akin, through undeveloped property owned by Giles Properties, through the undeveloped Rother property to Hwy 3 and 66. It would proceed south along Hwy 3 on the east side to the Dairy Queen and go east along a former railroad right-of-way. It would go between the bus garage and a storage building and continue east through Empire along 21 oth Street and connect to the substation. This was proposed by Great River Energy in March 2004. Several public hearings have been held since that time giving people the opportunity to suggest other routes. An alternate route was proposed by a land owner, who did not want the power line through his land. He proposed the power line go from Akin Road, south across school district property through some ballfields, a new path would be cut through Rambling River Park to cross the river, go behind Pellicci Hardware, across the railroad tracks and along Pine Street, on the south side of Marigold Foods and the bowling alley, and then cut between Peerless Plastics and Dakota County Lumber to Hwy 3 where it would hook up with the previous route. Various other routes have been discussed. There was a meeting of the Council Minutes (Regular) February 22,2005 Page 7 Environmental Quality Board last Thursday to approve a route. At the meeting they approved the alternate route on a vote of 10-4. The EQB rejected the route the City had endorsed. The City made it clear which route they supported and that the City opposed the alternate route. For those residents who have property along Pine Street or in the downtown area, they have to be prepared that in the near future, people will be approaching them to acquire easements across their property and then power lines will be constructed along this route. The City has sent a series of notices to 80-85 property owners affected by this route. Community Development Director Carroll then discussed three things that happened at the end of the process that may have affected the outcome. GRE spoke in favor of their route for the first 6 or 7 months of the process. They assured staffthat they had studied a variety of alternatives through Farmington and that this made the most sense. Staff also recommended the previous Council support this route, and they did. Over the course of the process, some of the staff members of the EQB developed a preference for the alternate route. At this point they established a position of neutrality and decided they would let the EQB decide what to do. A week before the decision, on February 8, GRE representatives indicated publicly that they were supporting the alternate route. They determined this alternate route was cheaper. Staff questioned this, as in September 2004 an environmental assessment was done by GRE and as part of that they weighed the relative cost of the routes. Their own documents indicate they estimated the downtown route to be $250,000 more expensive than the original route. An administrative law judge took testimony and concluded the same thing. A week before the decision was made, GRE re-examined their numbers and not only is this not $250,000 more expensive, but $500,000 less expensive. This is a $750,000 swing in cost. Staff asked for numbers to support that swing. Staff received these numbers late in the afternoon the day before the final decision. The EQB said they made some errors in estimating the cost. One explanation was the number of jumpers needed, another structure that had been left out that was needed on the line which accounted for 1/3 ofthe $750,000. The rest was accounted for by a decision they made at the end ofthe process that they could put different types of power poles along the route. They decided that they would install guyde structures from the poles, which means they can use less expensive poles. These would be placed in low or no traffic areas. Staff felt undeveloped property was a no traffic area. Will guyde wires be placed in the ballfields or in the woods? The guyde wires run 55 ft. from the base of the pole. This means their usual 35 ft. easement on each side of the pole, would be extended 20 ft further into the woods on both sides to accommodate the guyde wires. This has an environmental impact that no one had the opportunity to discuss before the final decision was made. Another thing that may have swayed the outcome was one of the last people to speak at the meeting on Thursday was an attorney for GRE. He indicated he was concerned about the possibility that some might try to piece together portions of the route and get it over 10 miles. The 21 oth Street route was the shortest route. Empire Township residents proposed alternate routes that were longer. As long as the utility company proposes a route that is 10 miles or less, they do not have to go to the Public Utilities Commission for a Certificate of Need. This would add more time to the process. The attorney from GRE said of the various combinations, four of the six would not work for GRE because it puts the route over 10 miles. It would take another 9 months to go through the PUC and hold a public hearing. This is important, because they would not be able to get the new Council Minutes (Regular) February 22, 2005 Page 8 power line energized by 2006. If this is not done, there is the possibility of brown outs or black outs in the area. There was not an opportunity for staff to respond. GRE created the timeframe within which the issue had to be addressed. There was a meeting in January 2003 by the power company talking about the system upgrade needed. They talked about the siting process saying they desire siting consensus with communities prior to permit application, which they had at the beginning of the process. Staff also wanted to mention the administrative law judge said the EQB need not feel bound by the 10 mile limitation imposed by the Certificate of Need program. There is a question as to whether the project could be viewed as two separate projects in which case any route would easily be under 10 miles. Even if it is viewed as one proj ect, the only way the 10 mile limitation would impact the selection of the best route would be if reliability was seriously threatened by the additional time needed to obtain a Certificate of Need. The Administrative Law Judge does not believe that the applicants have made a sufficient showing of threatened unreliability such that the board must pick a route less than 10 miles in length. The additional delay that flows from requiring a Certificate of Need does run a risk if other facilities should go out of service as the result of a tornado, etc. That risk has not been shown to be so substantial that this project must be rushed through. Therefore, the 10 mile threshold for the Certificate of Need program is not determinative of the route selected. Reliability is a factor, but not a decisive one in this case. Staff feels the EQB rejected that opinion of the Administrative Law Judge. There was very little discussion among the EQB board members before they made a decision. There were statements made that Farmington wanted to push the power line out of Farmington and into a nearby township. Looking at the map, Farmington is the host community for the substation and all but a small portion of the route is in the City, and there is a possibility that small portion of land will be annexed into the City. Empire Township has not opposed the route. Staffhas done a good job of keeping residents informed of public hearings, through mailings, through newspaper articles, etc. Councilmember Pritzlaff commended Community Development Director Carroll for all of his hard work. City Administrator Urbia asked about the relationship between Great River Energy and Xcel Energy and Dakota Electric. Community Development Director Carroll replied all the power companies will benefit from this new substation. GRE is a power supplier to Dakota Electric. Xcel Energy is a separate entity. Councilmember Fogarty stated Empire did not have anything to say about it because they know that portion will end up in the City. She thanked Community Development Director Carroll for his hard work and Councilmembers Pritzlaff and McKnight for attending the meetings. Community Development Director Carroll noted the line will go through Rambling River Park. He did not know how many trees would come out, but it is a corridor of 70 - 110ft. wide. He listened to hours of testimony from residents along 210th Street, and GRE talked about bouncing the line from one side of the road to the other to avoid trees. But no one was concerned about the park. They talked about which route made the most sense from an environmental standpoint. The body that made the final decision is the Environmental Quality Board. The EQB evidently is not sufficiently concerned about the environmental quality ofthe park. City Engineer Mann: Assistant City Engineer Tim Gross in addition to doing an excellent job with the City has decided to mentor students in the Future Cities Council Minutes (Regular) February 22, 2005 Page 9 competition in Apple Valley. They created a model city and made a presentation to a group of judges. Their group took second in state. He commended Mr. Gross for going above and beyond the call of duty and doing very important work with the future of our young people. Acting Mayor Fogarty: She had a spreadsheet from a Councilmember in Lakeville that she will e-mail to Finance Director Roland. There seems to be a conflict between out-state cities and the metro area. The spreadsheet shows the amount of aid lost by selected cities. The Lakeville Councilmember has heard that the metro area has not taken the hit hard enough, that out-state has taken it harder. The spreadsheet shows that is not true. She wanted staffto add Farmington to the spreadsheet. She had her first meeting with the Vermillion River Watershed Joint Powers Planning Commission and was told on March 13, on Channel 11, the Ron Shara MN Bound show will do a segment on the Vermillion River through this area. 14. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 9:15 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~>>?~ ~thia Muller Executive Assistant JOINT COUNCIL/PLANNING COMMISSION MINUTES SPECIAL February 28, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. for the Council. The meeting was called to order by Chair Rotty at 7:00 p.m. for the Planning Commission. 2. ROLL CALL Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson Rotty, Barker, Larson, Richter Johnson Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Lee Mann, Director of Public Works/City Engineer; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Doug Bonar, Jeff Carpenter, Ann Manthey, Jay and Pat Christensen, Terry Donnelly, Brad Meeks Audience: 3. APPROVE AGENDA MOTION by Pritzlaff, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 4. WAIVER OF PLAT - CHRISTENSEN PROPERTY City Planner Smick stated she was recently notified by Mr. Jeff Carpenter, Attorney for the school district, that the school district is interested in platting the Christensen property. There are two ways to plat property. The first is going through the regular platting process which is a public hearing at the Planning Commission, the Planning Commission makes a recommendation to the Council, and the Council approves or denies the plat. The second way is a waiver of plat. A sub-divider divides a single parcel of land into no more than two parcels. The Zoning Officer reviews administratively the waiver of plat to determine a number of things. If it meets the requirements of City Code, the waiver goes to the City Administrator for approval. The Zoning Officer gives the waiver to the sub-divider who sends it to the County Recorder. They pay a $30 recording fee. This process is done frequently. There is a $100 fee to apply for a waiver of plat. The regular platting process is $750 plus $10 per lot, a final plat fee of$300, a surety of $200 times the acreage. There are two requirements that need to be met for a waiver of plat: 1. The property is part of the recorded plat, or both parcels created by the subdivision are located outside of the urban service area identified in the Comprehensive Plan. 2. Lots meet the minimum lot requirements of the zoning ordinance. If the Zoning Officer feels the subdivision would adversely affect the future orderly development of the property or adjacent property, the waiver may be forwarded to the Council for consideration. The Council shall waive the platting requirements unless it determines a CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 2 proposed subdivision will adversely affect the orderly development of the property or adjacent property. Staff was contacted on February 14, 2005 by Mr. Jeff Carpenter, Attorney for the school district, regarding the waiver of plat process. County Road 64 is to the north of the Christensen property and Flagstaff Avenue is to the east. They .are proposing combining three parcels into 110 acres and split 9.93 acres off of the easterly parcel. These parcels are outside of the MUSA service area. This property is zoned A-I. In 2002 the agricultural district was changed to make it real farming. The code was changed to a minimum of 40 acres per parcel. Prior to that lots could be 1 acre. Parcel B, 9.93 acres, does not meet the minimum lot size requirement. Staff wanted to give guidance to the school district as to the Council's thoughts as far as approval ofthe waiver of plat and if it meets the conditions of the code. Councilmember Soderberg asked if they would be creating a 9.93 acre parcel or combining that with the parcel to the south. Staff did not have that information. Mr. Jeff Carpenter stated he spoke with City Planner Smick today and that is when he discovered the variance issue and they discussed combining the parcels. The parcel to the south of the 9.93 acres is 35 acres. If these were combined that would create a 45 acre parcel and he understood the Christensen's would be agreeable to that. If that is the case, this would be a moot issue. Chair Rotty asked Mr. Christensen to confirm this. Mr. Jay Christensen, stated he could not give an answer now but it seemed feasible to combine those two parcels. Councilmember Soderberg explained that creating a 9.93 acre parcel is not compliant with the zoning laws. There have been other requests to do similar things. If it would be combined with another parcel it would be a moot point. If you are creating a non-compliant parcel then there is a conflict. Councilmember Pritzlaff asked what his intent is with the property without combining it. Mr. Christensen stated they are in ag preserve now and would be farming for a number of years. He did not see where it would create any problems to join the parcels, but could not give a definite answer. Chair Rotty stated a few months ago they had a variance request to split a lot to create a non-conforming parcel and it was denied. In this case, he believed something could be done and did not think there is a significant hardship. It is premature to look at a variance. The Planning Commission would prefer that they combine the non-conforming parcel. Councilmember Soderberg agreed to remain consistent with the code. The Councilmembers agreed. Community Development Director Carroll stated he would agree if the parcels were combined, that would eliminate the current problem with meeting the minimum lot size requirement. The Zoning Officer would still have to address the other point in the waiver of plat. She will have to determine if the proposed division of the property would adversely affect the future orderly development of the property or adjacent property. He asked for the Council and Planning Commission's perception of orderly development. One could say that orderly development is development that is consistent with the CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 3 Comprehensive Plan. If the guidance to staff that the use of this property for a high school site, even though that is consistent with the Comp Plan is orderly development, the waiver of plat would be approved administratively. If Council has reservations about that or says it is not orderly development, there would have to be further discussion. Councilmember Soderberg stated they have not planned on any development in that area. The area is identified in the Comp Plan as ag preserve until 2020. Councilmember Wilson noted the lot split actually corrects a previous lot split if the 9.93 acres and 35 acres are combined. The 35 acre parcel is now a legal non-conforming use. 5. COUNCIL POSITION ON AG PRESERVE PROGRAM - CHRISTENSEN PROPERTY Community Development Director Carroll stated on January 19,2005 the school district delivered to the Environmental Quality Board a document captioned Notice of Intent. This notice was the school district's indication to the EQB that they intended to acquire by condemnation property that is currently located in the ag preserve program. On February 16, 2005 the EQB sent a complete copy of the notice to the City with a letter indicating they were receptive to comments if the Council wanted to make any. They preferred to receive comments by March 7, 2005. On the following day, there is a Tech Reps meeting who are some members of the EQB. They are heads of departments in the EQB and they go back to the EQB board members with comments as to what was discussed. March 10, 2005 is the packet deadline for the EQB meeting on March 17, 2005. Anything the City wanted to submit for the packet would have to be received that morning. They are not requiring the City to comment. The EQB does have an interest in what the elected and appointed officials have to say. The three northern parcels of the Christensen property would be the high school site. The ag preserve program is a way of providing protection for people that have agricultural property and do not want their agricultural operations end earlier than they want them to. In the absence of an ag preserve program, if a City wanted to develop something close by, the City would have a right to impose assessments on the ag preserve property and in some cases owners may be required to sell the property and take it out of ag production to meet the payments. Once a property is in ag preserve there are covenants and other documents and they are normally in ag preserve for eight years. The school has indicated to the EQB they want to use an exception that exists in the law for getting these 110 acres out of the ag preserve program immediately. In this case, the Christensen's had already filed paperwork to get out of the ag preserve program. There are 5-6 years left. There are five options for the Council with regard to commenting: I. Notify the EQB that the City supports the removal of the Christensen property from the ag preserve program. 2. Notify the EQB that the City is opposed to the removal of the Christensen property from the ag preserve program. 3. Council would not indicate they are opposed to the removal from the ag preserve program, but would like the EQB to schedule a public hearing on the proposed removal of the Christensen property from the ag preserve program. 4. Decline to comment. 5. Defer any decision. CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 4 Councilmember Wilson stated in comparing this situation with the power line issue, he wondered what kind of authority the EQB has with respect to this issue. In terms ofthe power line issue, their opinion carried some weight and is it the same in this situation. Community Development Director Carroll replied with the power line issue, the EQB had the decision making authority. In this case, they do not have the right to permanently halt the condemnation proceeding involving the Christensen property. They can solicit comment. Based on that comment they can decide if they want to hold a public hearing. After the public hearing they have the right to suspend the condemnation proceeding for up to a year. After one year, there is nothing else they can do. The condemnation proceeding would pick up where it left off. Councilmember Pritzlaff stated his perception is that there would be no use of eminent domain on the property and that is why the property was chosen. Now eminent domain will be used to take it out of ag preserve rather than taking the property from a property owner. He found that questionable. Mr. Jeff Carpenter, Attorney for the school, stated the school's purpose was to avoid condemnation. They are trying to avoid the acrimony and everything associated with the condemnation process. There is nothing acrimonious about this. The Christensen's have agreed to the entire process including the condemnation process. They have an agreement in place that provides for that process. This is solely for the purpose of eliminating the ag preserve status. Filing it with the EQB is an acceleration of the process the Christensen's have already started. Councilmember Pritzlaff stated some of the public understood condemnation would not have to be used for this property and now it comes out the school knew this would have to be used to get it out of ag preserve. To Councilmember Pritzlaff it does not matter if it is used to take property from a property owner or to take it out of ag preserve. Either way you are using force to get what you want. Mr. Carpenter replied they have used this process for a number of school districts around the state. People who are directly affected by the condemnation are in a more dire position of having problems with the process. He cannot speak as to members ofthe public having problems unrelated to the process. From the school's perspective they did not know going into the negotiations with the Christensen's that it would be necessary to exercise condemnation. The discovery of the ag preserve was not noticed right away. The condemnation process, which is a statutorily permissible method of eliminating the ag preserve is the process most effective to accomplish the project. Councilmember Pritzlafffelt if they were going to use eminent domain they could have chosen another property that was not in ag preserve and used it for the same purpose. Mr. Carpenter stated they would have been taking property from someone who was not a willing seller. The school went to great lengths to identify parties who would be willing sellers and prioritize properties that would be most advantageous for school development. They then worked to negotiate agreements. If they used the more traditional approach of condemnation they would be in an acrimonious situation. Commissioner Larson stated he agreed with Councilmember Pritzlaff. He did not like the precedence they were setting. If this were the only land they could find for a high school, he could go along with it. Right now there is another site that could be used without CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 5 going through this process. He wished there was more thought and working together between the school and the City. Since the school has a purchase agreement on another site where the high school would work, and he felt would work better for the City, he believed condemning the land in this way is the wrong way to go. He was speaking about the Angus site. He has spoken to the school board and the public and realized they need more schools. But he felt this could have a negative effect on the City. It seems like we are pushing too many people towards Lakeville and out of Farmington. As the school has another site that would work, he did not see why we need to use condemnation here. Commissioner Richter wanted to hear more about the site selection process. Mr. Carpenter stated in seeking approval of the purchase agreement for the Angus site, which the transaction has closed, there was a great deal of opposition from the community in that area for a location of a high school at that site. They have not received the same kind of concerns with the Christensen site. Commissioner Richter asked how many people complained about the Angus site. Mr. Doug Bonar, school district, replied they tallied complaints by the dozen. The room was full when area residents spoke to their distain as to the Angus site for a high school location. The school board had several evenings where discussions were held in open session to get an understanding of that particular site selection. They went through the same public process for the Christensen site and there was very little comment. As far as the process itself, it was comprehensive and lasted for 23 months. The process included land professionals, civil and special testing professionals, legal counsel, members of two respective boards and members of two respective administrations. It encompassed over 30 different variables that were reviewed over the 23 months. There was a long list of criteria established for the site selection for a school, whether it be a high school, middle school, or elementary. He reminded the public the dollars given to the school in 2000 were for the purchase of multiple sites. At this time, two sites have been selected. They continue to work with a developer for a potential third site. There is a wide array of considerations that come into the choice of any school site. They include proximity to roadways, general location with the district, access to utilities, develop ability of the land itself. In site locations with past projects they have experienced problems with all of these. In this analysis they have tried to investigate and review all of the potential assets and liabilities of sites. There are no perfect sites. The school also realized they are in a competitive environment, whereby other developers who wish to create commercial or residential properties are vying for the same parcels of land. They have an opportunity to reinvest those dollars to the betterment of their company and the community, the school has a limited range of funds to make several purchases of school land. Councilmember Fogarty asked why no City officials were asked to sit on the selection committee. Mr. Bonar replied he came into the committee process several months after it began. She noted he made reference to two boards, clearly it was not the City Council or the Planning Commission, and asked which boards he was referring to. Mr. Bonar replied past school board and current school board. The school has met and conferred with the City management team for well in excess of a year. They were very detailed CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 6 meetings on the information they were gathering. Councilmember Fogarty felt there might have been better sites. She asked if the committee ever went back to the board and asked them to reconsider some things. The school board set out to not use eminent domain as an option, they did not want to deal with more than one property owner, and that limited the number of sites. She asked if the committee went to the board and said they were having a difficult time. Dr. Brad Meeks, Superintendent, stated the board came back to the committee as they were looking for as many options as they could get for property. The one dominating factor the board wanted to maintain was a willing seller. The last two land deals for Middle School East and Meadowview were very difficult. When the Angus site was the only property the board had an option on, and there was concern raised by the Castle Rock residents, the school received stacks of letters, e-mails, phone calls, people at board meetings, and letters to the editor regarding that property. The board asked the committee to look for another property. They talked to the Christensen's and they were willing to come back to the table, and this became the second option. There were no letters, phone calls, e-mails, no people showing up at board meetings, and there was very little discussion about the Christensen property not being a viable site. In mid-summer there was a third property, the T &C site. Part of that property was also in ag preserve. They had previously looked at that site and decided it was not suitable. They would have had to go through this same process. In November 2002 part ofthe bond referendum at the time was $10 million set aside to buy three pieces of property. When he came to the district in the fall of 2003 the school had not secured any property. Seeing the number of students coming through the school and pending enrollment they needed to find property. They found properties that would have been more acceptable, but not willing sellers. They are still looking for a third property. They are trying to match the property where they know no development will occur. Councilmember Soderberg stated there is no development planned for the Flagstaff corridor until 2020. Dr. Meeks stated in the 2020 Comp Plan there is no plan as to where new schools should be located. That should be explored and amended for growth. The school has finite resources to purchase property. The Angus site was acquired for $15,000/acre, and Christensen is $35,000/acre. Some property goes for double or triple that amount. Councilmember McKnight stated the MUSA committee allocated MUSA for the Christensen property for school use only. He asked if there was any discussion on the ag preserve issue and the extension of services to that property at the MUSA Committee. Councilmember Fogarty stated there was nothing finalized on the Christensen site. They were pretty sure the Christensen site was the site the school wanted to use. Ifthe school was successful in getting it out of ag preserve, the City would not oppose it. Mr. Bonar stated the MUSA committee process is a land use process. He and Councilmember Fogarty with several other people were on the committee. Nothing was discussed regarding utilities. Councilmember McKnight asked Mr. Carpenter about the process for getting the property out of ag preserve. One would be for the Christensen's to apply,bwhich they have. Second would be the school district's use of eminent domain. Mr. Carpenter stated the City can also take it out of ag preserve or a third way is the Governor can declare an emergency, and the fourth way is by condemnation. CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 7 Mr. Carpenter stated regarding the PetersonlEmpey site, a much larger area was in ag preserve than needed for a school site. It would have been necessary to eliminate the ag preserve on the entire site in order to develop there. The school district cannot condemn land that will not be for public school purposes so to remove the entire property would have been unlawful. Commissioner Larson asked when the Peterson and Empey properties come out of ag preserve. Staff replied the Peterson property is not in ag preserve. The Empey property will come out of ag preserve in 2030. Councilmember Wilson commended the MUSA committee for going through the process. He wanted the school district to comment on what level of involvement they sought from the City with respect to the MUSA issue. He read the Notice of Intent states, while development of the project property as a public school is technically inconsistent with the City's expressed intentions under the Farmington Comp Plan, such development maintains some compatibility to the City's agricultural vision. He noticed the intent letter references the Comp Plan, MUSA staging and the review process. In talking with staff, there may have been some level of discussion with the school regarding the overall process, but it seems with this extensive process and the committees and all the work involved, it is disappointing that there doesn't seem to have been as much interaction between the school district and the City knowing that on this particular project and others in the future we have to build a strong partnership. He asked Dr. Meeks to comment on the level of involvement the school district had with the City. Dr. Meeks replied there was a lot of dialogue. Beginning in September 2003 we have had monthly City/management school meetings. We discussed land and where we were at. The City would make suggestions and bring maps showing different properties. The school followed up on all suggestions and at times the land owners were not interested. Dr. Meeks felt there was a level of urgency seeing the number of students coming and needing to acquire property. He did not think there were any statements made saying a certain property is off limits. They looked at all property that was available that was brought to them. They hoped to have six parcels for the board to consider. Some withdrew at the last minute. The City and school did not always agree. There was a lot of dialogue about eminent domain. The school board did not want to exercise that option for a hostile takeover. Much of this was based on past history. Councilmember Pritzlaff stated he agreed with Mayor Soderberg as far as the 2020 Comp Plan. It seems the school board as gone full steam ahead without looking at the Comp Plan. There are other areas that will be developed before this property and asked why this property would work into their schedule. Dr. Meeks replied the Comp Plan is lacking as far as potential locations for schools. This has been communicated to staff. He made approximately 30 public presentations. The site location was not a hot topic with the public. They were more interested in road development. If the school would have chosen a property closer to town and gone through a hostile takeover of property the school would have had to pay a lot more money. It would not have been in the district's best interest to run out of money before acquiring three sites. We would have had to have another referendum or use the capital outlay budget. Councilmember Pritzlaff asked when the school did not receive opposition to the Christensen property, were the people CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 8 told the property would have to be taken out of ag preserve by eminent domain. Dr. Meeks did not think that was a big secret. That was discussed with the City. Councilmember Pritzlaff stated he can understand the public does not like eminent domain, but in one case you tell them you have to use eminent domain on a different property, but don't mention that it has to be used to take this property out of ag preserve. Even if eminent domain is used on a different piece of property that might be better suited, you pay more for land, but lessen the cost for infrastructure. Dr. Meeks stated the infrastructure cost for the Angus site was $5.5 million compared to $6.2 million that was built in. Looking at road development around the Christensen property between 195th Street and Flagstaff and 202nd Street, access off Cedar, we are looking at 2,000 students per day plus staff plus large scale events. You need a lot of roadways to get into that site and the Christensen site seemed to offer that more than the Angus site, plus proximity to Meadowview. The school district did acquire the Angus property because they do need more property. Councilmember Pritzlaffnoted the Giles/Murphy property is 151 acres that has potentially 195th Street planned to go to Hwy 3 and a new north-south route close to that property. He asked if the school saw that being a major traffic concern. There would be two major arteries going to the school. Mr. Bonar replied the school did contact Mr. Murphy a long time ago and he was adamant he would not allow them to do special testing at their cost. He did not care to do business with the school district associated with a land purchase. Councilmember Pritzlaff stated the eminent domain issue really bothered him. Everything has gone forward to this point and there are three pieces of property the Christensen, Peterson, and Angus properties. Mr. Bonar asked Councilmember Pritzlaff to look at the current proposed development for the Giles/Murphy property. The City is in the process of amending the Comp Plan because the City recognized that as a restricted development area. The previous Council and Commission recognized the soils in the area were not suitable for mass development. Commissioner Larson commented on the Angus property and the utilities going to it. The study and the costs were done before the golf course were purchased and felt this would have been a good opportunity for the City and the school to work together and develop the golf course from Hwy 50 to 225th Street which would have brought the utilities across the street from where the school would be. At the same time Biscayne would have been built as a county road going from 225th Street out to Hwy 50. 225th Street could have been upgraded to Hwy 3 and the cost of Biscayne would have been on the developer for that major road. It would have brought the sewer and water across the street for the school to hook up to. The school and the City could have worked together to bring the property into the City and grant MUSA and develop to the front door of the school, thus lessening the cost of utilities up to a school site. He also commented on there not being any school sites in the 2020 Comp Plan. When the 2020 Comp Plan was developed, the school was invited to participate in that and only once did he see someone from the school district come to a meeting to give any input. The fact that there are no school sites in the Comp Plan is not on the City. The City asked for input and did not receive any and the City did not know where they would go. The MUSA Committee suspended all meetings until the school district picked a site for the high school so they CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 9 would know where the development would go and MUSA would have to go around it. When the school reached an agreement with the Angus property the meetings were continued thinking that is where the high school would go. Then the school district said they were looking at the Christensen property. This came up at one ofthe last meetings. Commissioner Richter felt there is a reason for the property to be in ag preserve and would like to see it stay in ag preserve. She is not against the new school. She feels there is a better location. Commissioner Barker stated in terms of the EQB, it will come out of ag preserve if it goes through eminent domain. Community Development Director Carroll stated regardless of what the Council does, as long as there are parties that continue to pursue getting it out of ag preserve it will eventually come out. It is just a matter of whether it is done now or delayed a year. He trusts the school has done their homework as far as other sites and whether they are feasible. Chair Rotty agreed no site is perfect. There is a need for the school and the community has supported the bond referendum. This does not meet the Comp Plan. He asked if the City through the MUSA Committee or through a joint workshop or through Council action made a commitment to the school district, the community and the voters. There is a gray area there. Weare adding houses and businesses and with that comes a commitment to provide for schools, churches and other issues. Roads will be an issue along with other things. It was at the end of the MUSA Committee that the school district proposed this site. If we go with this site, it will alter the Comp Plan. It was a bit uncomfortable as we spent a great deal of time and energy doing the Comp Plan, but if this is something we need for a growing community, we would be willing to look at it. There was a joint meeting and some action taken. Community Development Director Carroll explained the Council adopted a resolution with a map attached showing the Christensen property as MUSA allocated upon removal of ag preserve - school use only. He has been asked if the Council's adoption of the MUSA phasing plan meant that the Council had spoken in favor of taking this property out of the ag preserve program. Staff feels the previous Council did not intend to imply that. The concerns expressed were if we agree to give MUSA to this property now not knowing whether it will come out of the ag preserve program, if it ends up not coming out or the school shifts its attention to another site and the Council has already given MUSA to that project, does that mean that anyone else that wants to develop can do that. He understood the MUSA Committee to say the school district has some hurdles to clear, including getting the property out of ag preserve and some Comp Plan issues. In the event the school district is successful in doing that, the MUSA Committee did not want MUSA to be the hurdle that holds them up. He did not get a clear signal from the Councilor the MUSA Committee that the wording that was put on the MUSA phasing plan meant the MUSA Committee, Planning Commission and Council were all in favor oftaking it out of the ag preserve program. That was an issue to be addressed later. Community Development Director Carroll addressed some other points. There has been discussion that the Comp Plan does not designate high school sites or zoning for future CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 10 school sites. Our Comp Plan is not any different than any other city's. There are challenges involved in the City unilaterally picking a private property owner's property and saying we will put a school here without knowing if the school is interested in the property or if they can afford to buy it or develop it. The material the school submitted to the EQB refers to the Comp Plan saying it does not in it's planning through 2020 appear to designate additional public or semi-public areas for future educational facility expansion. This is understandable that it is unrealistic for the City to incorporate within it's comprehensive planning, the school district's facilities needs. It is therefore assumed that such facility needs were in part outside the scope ofthe Farmington Comprehensive Plan. This is the part the planners disagree with. The fact that school sites were not designated does not mean the Comp Plan does not envision they would be needed. The planners envisioned when you look at a Comp Plan and you give designations to properties there are some designations that are appropriate for schools and others that are not. If you designate property as public, semi-public you can put a school there. You can have a school in residential district. But a commercial, industrial, or urban reserve district may not be appropriate for schools. The question is what will the impact be on the Comp Plan - to what use will the Comp Plan be put. There have been others coming in that wanted to do things in the urban reserve area and staff and Council have said you can't as that is contrary to the Comp Plan. Council can change the Comp Plan, but it is not changed yet. Staff is expected to tell people what the Comp Plan requires and act in a way consistent with that. If someone proposes a use inconsistent with that, staff has to advise Council what the options are. Weare on the track to have the most important issue answered at the end of the process with the EQB rather than at the beginning, which is when the Comp Plan will be changed. Staff feels this needs to be addressed up front. The underlying question is what to do with the area on the west side of town. People have already asked staff about development in that area. No development is envisioned in this area for 15 years. Even if the Christensen property comes out of ag preserve in 5 or 6 years, that does not mean development will occur. Residential development will not occur until someone requests a change in the Comp Plan and zoning. Mayor Soderberg realized the Comp Plan does not envision any use of the land identified as urban reserve until 2020. Yet our A-I zoning allows for conditional use for a school. Is there an inconsistency with the Comp Plan and the zoning? Commissioner Larson replied when the Comp Plan was reviewed they took input from the property owners on the west side and they indicated they did not want development until 2020. Mayor Soderberg stated the 2020 Comp Plan is a document created by the Council, Planning Commission, and public input. Commissioner Larson stated the Comp Plan dictates where development will occur. With the investment made in the Spruce Street extension, it went along with our Comp Plan and where development will occur to support that. We made a huge investment in the Spruce Street extension. We need to think about what changing the Comp Plan and placing a school on the Christensen property will do to that investment. Maybe we do not get the traffic that some ofthose commercial developers would like to see and that delays commercial development which everyone wants more retail and commercial to help with property taxes and that may not happen with the school on the Christensen property. Ifwe go against that, we are going against our investment in the Spruce Street extension. CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 11 Community Development Director Carroll stated it does seem inconsistent to have A-I zoning which allows a school as a conditional use and have the same piece of property have a different Comp Plan designation that seems to preclude that. Met Council's definition of urban reserve is an area being held in reserve for future urban development. The other theory is the preservation of agricultural land. If there is a conflict between the Comp Plan and the zoning, the Comp Plan is the controlling factor. The Comp Plan would have to be changed even if the zoning remained A-I so the designation is something other than urban reserve as that is inconsistent with school use. Mayor Soderberg asked if the designation of the parcel were changed to public, semi-public does that dictate that we need to make other changes along Flagstaff and take that out of urban reserve? Staff stated it does not dictate that. The message it will send is that the City no longer sees all of this area as urban reserve for 15 years. You have made an exception and provided utilities and roads. The pressure would be on the Council, Planning Commission and staffto hold the line or change the line. People have already come forward asking to be part of development in that area. If Council wants to change the Comp Plan for only this property, they can do that, assuming the Met Council agrees. The Met Council can deny a proposed Comp Plan even if the City is in favor of it, if they believe it is contrary to regional interests. Commissioner Larson asked if the school does go there and Flagstaff is improved from Hwy 50 to 195th Street and sewer is brought into the school, once the land comes out of ag preserve and is developed, are those property owners assessed for the upgrades or is it all on the taxpayers. City Administrator Urbia replied staff made it clear to the school the City does not have the capability to bond for that. Many people want to see roads extended, but you need developers to pay for it or if the City does it, you need to have an assessment. If you do not have those minimums according to state statute you cannot build a road. With the feasibility study, the City feels the study would be up to the Lakeville/Farmington border. The pavement should be for the entire stretch of Flagstaff. City Attorney J amnik stated the City has no authority to assess for any improvements against properties in ag preserve. The statute specifies no structure has any benefit to ag preserve property. It is an open question as to whether the City may re-assess or collect as a condition of development, infrastructure costs for previous improvements constructed in the area while the property was in ag preserve and try to collect it once the property comes out of ag preserve. We have asserted in previous situations that we have the authority to do that. Some legislative staff, state representatives and attorneys indicate we cannot do that. If we constructed a road improvement or sewer and water and properties are in ag preserve that we have to cross, we cannot assess currently. If those properties come out of ag preserve in the normal course of ag preserve issues and are slated for development in 2021 or 2024 and they have a sewer line and water line going across the front and they want to tap in free of charge and put in 500 housing units, we do not know if we can charge for those past infrastructures. Our position has been and will be that we will try to collect as it would be unfair for that parcel to benefit for improvements that someone else financed. The attorneys for the property owner may say no. The laws have changed within the last 10 years. CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 12 Councilmember Fogarty asked if parcels not in ag preserve could be assessed. Attorney Jamnik replied yes. Commissioner Larson stated the properties in ag preserve along the Flagstaff corridor chances are they will not have to pay for the upgrades on Flagstaff to 1 95th Street and sewer and water. The developer that buys the property or the land owners along Flagstaff are getting a free ride. Attorney J amnik stated during the time they are in ag preserve they cannot be charged or assessed. Currently we have the ability to fight that battle before development is approved. That may change in the future. Chair Rotty stated the Planning Commission's issue is was a commitment made to the school district through the MUSA expansion and in this decision, is the Council, the Commission and staff willing to make a significant Comp Plan amendment to allow a school in the A-I district. Mayor Soderberg stated it is preferred to see the land remain in ag preserve until it comes out naturally. Chair Rotty stated the Commission is split. Councilmember Pritzlaff stated he would want to see the land come out of ag preserve naturally. He would not like to see that large of an amendment to the Comp Plan. Councilmember Wilson stated a Comp Plan will not designate where a school will be. He supported the referendum as he sees a need for the school. The issue is whether this location and altering the Comp Plan makes sense. He is not convinced that it does. He is torn because he does believe the school district went through a process they felt best identified properties, even though he would have liked more communication between the City and the school. He is not convinced this is the best location and this should be removed from the ag preserve status because ofthe other infrastructure costs associated with it. That puts the City in a precarious position for known development in 2015 and beyond. It is incumbent on the Council to be cognizant of actions today along with impacts oftomorrow. Dr. Meeks stated one thing they are zeroing in on with the Comp Plan is 2008. In 2008 they will exceed capacity with over 1200 students at the high school. Whether it is delayed a year or not, at 2009 we will not only be overcrowded at the high school, but the whole plan is contingent on grade shifts, new buildings opening and new boundaries going into place in 2008. That will have a ripple effect for 6,000 students. The road improvements and utilities were part of the bond referendum. It is not money the City will have to come up with to build that. Councilmember Wilson asked Dr. Meeks to specify where the starting and stopping points are ofthe infrastructure. Dr. Meeks stated the roadway improvements will go from Hwy 50 to 195th Street. Mr. Bonar stated it is the school's intent to work with the county, Lakeville, Farmington and the Met Council to adapt the sewer run to the Met Council's sewer as it comes past the area. He would concur that the Council needs to be cognizant of the risk the district is taking bonding for utility and roadway improvements along Flagstaff Avenue south of 195th Street. The school will share, if not shoulder, that burden for any future assessments for any benefiting properties in the next 20 to 21 years. He reminded the Council neighborhood elementary schools are welcome. Neighborhood high schools are not. Our curriculum established for a high school keeps the farm in Farmington. It was outlined in the submittal that went to the EQB. It is an illustration ofthe thoroughness the school has taken to provide the necessary resources for recognized parties to make decisions. With CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 13 respect to the zoning for the area to the west of the community, the Council is within their authority to call any type of moratorium and delay any future development until thoroughfare plans or master plans will be fully and wholly completed in the western sections of the community. It has been done successfully in other areas. While schools were not recognized in the Comp Plan, the Council has been adopting and recognizing the overlays of trails and parks onto what this time is private property and fully recognized by those owners the potentials that exist in the not too distant future. If that were to occur now, in the past or in the future it would obviously help the community as a whole help the community understand the necessary infrastructure of education. No different than trails or parks. Mr. Bonar stated what the school put together as their Comp Plan for education, he realized the Council has a different constituency and a different mission. You serve the same students and families that we do in part. Councilmember McKnight stated he understood the importance of the Comp Plan and the large amount of work that goes into creating and maintaining it. He also understands how important this is in guiding the development of the City. One comment made earlier is does it meet the Comp Plan - no, but for that to be important to him it has to reach a high standard. If this high school is such a unique project and a unique institution in our community, there is not going to be another one coming to compete with it. That is what pushes him towards supporting removing the property from ag preserve. What pushed him over the edge was what the voters had to say. Councilmember Fogarty stated she voted for the referendum and sees the need for a school. Dr. Meeks stated if this gets a recommendation where it is pushed off for a year, they still intend to build there. If it gets pushed off to 2009, her stake is that this is the year her daughter starts high schooL It is inevitable that the high school will be there. Her biggest concern is that making sure the school district is not short sighted in the things that need to be done. She cannot count the number oftimes she has heard about transportation. She wants the district to find a way to help 208th Street go through. It is laid out in the thoroughfare plan to go through the center of the new high school. In the future she will push very hard for Flagstaffto go through to l70th Street. It needs to be paved the entire way. Her other concerns are she does not want to see any of the utility services coming from Lakeville. Her last issue is with development. She does not care if this school sets out there like an island. She has no intention of giving into development pressures and she hoped the school district would not begin to advocate it. She realized it is a great deal of infrastructure cost to carry for a number of years. This is a very unique reason to take property out of ag preserve. She is not interested in a bunch of housing units going up out there. She agreed we need to look at the Comp Plan in general and this will change how they look at this area. She does not care if the school is there like an island for 15 years. She thanked Dr. Meeks, Mr. Bonar and Mr. Carpenter for coming and answering questions and listening to concerns. She would like to sit neutral on this issue or approve it. Mayor Soderberg stated we have properties out there currently not in ag preserve. If development occurs and the road and utilities go in do we have the ability to assess those properties that are not in ag preserve, or do we have to wait until those properties CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 14 develop. Attorney Jamnik replied they can be assessed immediately. Mayor Soderberg asked if putting in a paved street and sewer and water benefit the properties. Attorney Jamnik replied that is the question on special benefit analysis as to whether the market value of the property is increased by the improvement that is constructed. That is determined after an appraisal is done. The City assumes that if properties are served by water and sewer and roadway we presume that they are benefited, but the ability to sustain that depends on the market appraisals. Mayor Soderberg stated it is apparent the proposed project does not match the Comp Plan. As Councilmember Fogarty stated, we have to review our Comp Plan anyway by 2008. Coincidentally that is the year the school district has identified as the completion time for all oftheir projects. There has been discussion of starting the review of the Comp Plan process soon. There are some other issues such as transportation. 208th Street is very important to the City and it has been identified in the Comp Plan and the Transportation Plan. The City needs a commitment from the school district. He would like to discuss this tomorrow night at the joint meeting with the School Board. Flagstaff does need to go to the northern boundary. Weare looking at 3 miles of roadway that is in ag preserve and that is a lot of money. It is a gamble as to whether it can be assessed back and whether it will be a free ride for those land owners. Given the options, he would either remain neutral or support the removal from ag preserve because we do need the high school. The voters weighed in on it, knowing where it was at. The problems identified are clearly there and they are hurdles. Ifthe City can commit to the school and the school can commit to the City we can get over these hurdles. We have a split Council as well as a split Planning Commission as to whether to support or oppose the removal of the property from ag preserve. He recommended to the rest of Council to remain neutral and not offer any comments to the EQB. Councilmember Fogarty stated she does not want to not comment to the EQB. She feels it is important they understand this conversation. She wanted a summary that we have a Council and Planning Commission that are split and here are some ofthe concerns we have, but we wish to remain neutral. She did not want the EQB to think Council did not talk about it and address it and have no opinions. We do, they are just not decisive one way or the other. City Administrator Urbia suggested preparing a summary statement and including the minutes. Council agreed. CounciImember McKnight stated he supported the removal from ag preserve. But the split comment says can't they make up their minds. Councilmember Fogarty suggested saying a majority of Council supports removal of the property from ag preserve. MOTION by McKnight, second by Fogarty to notify the EQB that the City supports the removal of the Christensen property from ag preserve and pledges to work with the school district on the following issues: Extension of208th Street to the east and the west, additional transportation issues, additional infrastructure issues not addressed in the bond referendum and review the Comprehensive Plan to address the issue. Councilmember Wilson stated he was persuaded by Councilmembers Fogarty and McKnight. He is not a big fan of the site location and that it is contrary. We need the school and the reason he supported the referendum was he reviewed the numbers and there is a definite need. Giving some thought, he will support the motion but do hope and CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 15 believe, starting tomorrow, establish good, constructive dialogue with the school board members and work together on these issues which will concern the Council and Planning Commission with respect to infrastructure. He is concerned with those costs and is concerned with the position they could put themselves in. He is changing his position and does support the motion. Councilmember Pritzlaff stated he supported the referendum because we need a new school. We need transportation. He has serious problems with taking property out of ag preserve through eminent domain. It was never perceived that we would use that. He will stand that he would like it to come out of ag preserve naturally. As far as the Comp Plan, if we are going to review it, he will agree with Council to review it. Again, it is a significant amendment to the Comp Plan. He will work with the school, but those two issues are a hurdle he cannot jump over. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting no: Pritzlaff. MOTION CARRIED. Community Development Director Carroll stated he will prepare a letter to the EQB summarizing the motion that was made and what the vote was. He will also attach a copy of the minutes. Chair Rotty agreed to have the Commission's comments included. The Planning Commission is a 2-2 split regarding removing the property from ag preserve and reviewing the Comp Plan. Community Development Director Carroll asked for direction regarding the waiver of plat. Mayor Soderberg stated if in the waiver of plat process we create two parcels that are compliant with the current zoning it will be supported by the Council and Planning Commission. Chair Rotty stated in having a lot that is non-conforming he would find it difficult to find a hardship. That is what the Commission would base a variance on. He agreed with Mayor Soderberg. If a non-conforming lot comes to the Council, Mayor Soderberg would not approve it. Community Development Director Carroll stated regarding whether this would adversely affect the future orderly development of the property, even if the zoning officer made that determination or brought it back to Council, there would not be a majority Council that would approve it. Mayor Soderberg stated a 40 acre parcel does not adversely affect orderly development. Ifby granting a waiver of plat we create two parcels that are 40 acres or greater, that is compliant with the current Comp Plan and zoning, and does not adversely affect future development, Council and the Planning Commission agreed. Mayor Soderberg asked City Planner Smick to look at parking in the downtown district in the future. It has to do with requiring hard surfaces backing up to alleys versus gravel. The current zoning requires a hard surface parking area adjacent to a gravel alley. CouncilJPlanning Commission Minutes (Special) February 28, 2005 Page 16 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:20 p.m. APIF, MOTION CARRIED. MOTION by Larson, second by Barker to adjourn at 9:20 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~?v?~ ~thia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us 76 TO: Mayor, Councilmembers and City Administrator IJv'- FROM: Ken Kuchera, Fire Chief SUBJECT: School and Conference - Fire Department DATE: March 7, 2005 INTRODUCTION The Fire Department is planning attendance at a conference for Legal Concerns for Emergency Operations. DISCUSSION Ken Kuchera, Troy Corrigan, Todd Kindseth, Bill Sauber, Dave Sender, Jay Clinkscales, Terry Thraen and Tim Pietsch will be attending the conference in Rosemount on March 10, 2005. BUDGET IMPACT Approved in the 2005 budget. ACTION REQUESTED Approve attendance at the conference on Legal Concerns for Emergency Operations. Respectfully submitted, 1~~.~ ~'6 L/~~a:- t::..J-........... Ken Kuchera Fire Chief /c 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 City Administratorr Randy Distad, Parks and Recreation Director TO: SUBJECT: Capital Outlay DATE: March 7, 2005 INTRODUCTION The City's 2005 Capital Outlay Fund budget identified funding for the purchase of new power cleaning equipment at the Arena. The 2005 Park Improvement Fund budget included funding for the purchase of new park signs. DISCUSSION Staff solicited quotes from several vendors regarding the purchase of a new auto floor scrubber, wet/dry shop vacuum and a battery powered walk behind vacuum. Papco from Minneapolis, Minnesota submitted the low quote for all three pieces of equipment in the amount of $8,144.05. In 2004, staff began the process of replacing the existing park signs with new park signs. Cylex, Inc., a company from Tucson, Arizona, was selected to make the park signs. There are two types of signs that the City orders: small trail entrance signs that are installed in locations where a trail leads directly to a park and a large park sign where there is street frontage. Beginning in 2004 a plan was developed to purchase signs for about 6 - 8 parks per year and that over a 3-4 year period all of the old signs in City parks would be replaced. In 2005, signs for the following parks have been ordered and will be installed either in late spring or sometime this summer: Westview Park, Fairhills Park, Lake Julia Park, Hill Dee Park, Dakota Estates Park, Middle Creek Park, Silver Springs Park and Vermillion Grove Park. BUDGET IMPACT The power equipment purchased came to a total cost of$8,144.05. The amount budgeted in the 2005 Capital Outlay Fund budget was $16,547.00. The actual cost was $8,402.95 under the budgeted amount. The total cost to purchase both small and large park signs was $27,892.35, which includes freight and sales tax. Funding for the purchase of the park signs has been identified in the five-year Capital Improvement Plan for the Park Improvement Fund. There are funds available in the Park Improvement Fund to cover this cost. ACTION REOUESTED No action is required. This is for informational purposes only. ~~lYjJ;W ~ad Parks and Recreation Director 7d 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 City Admimstrato~ Randy Distad, Parks and Recreation Director TO: SUBJECT: Capital Outlay - Solid Waste DATE: March 7, 2005 INTRODUCTION The approved 2005 Capital Outlay Budget for Solid Waste identified the purchase of one mesh cardboard recycling container and one 15 yard rolloff dumpster. DISCUSSION Staff solicited quotes for the above two capital equipment items. Rayfo from Rosemount, Minnesota submitted the lowest quote for both items. The mesh cardboard recycling container will be placed in the City to receive cardboard material for recycling. The 15 yard rolloff dumpster is rented by contractors for the disposal of construction debris and materials. BUDGET IMPACT The cost to purchase the cardboard recycling container is $3,179.03, which is about $500.00 more than what was budgeted. The cost to purchase the 15 yard rolloff dumpster is $2,928.75, which is about $300.00 over what was the budgeted amount. Both of these items are needed by Solid Waste to keep up with the demand for its services. Previously Solid Waste had purchased a skidster earlier in 2005 and the cost to purchase the skidster was under the budgeted amount by about $10,000.00. The cost savings from the lower purchase price for the skidster will more than offset the increased cost of the cardboard recycling container and 15 yard rolloff dumpster. ACTION REQUESTED No action is requested, this item is for informational purposes only. ~;:glfJ~ Randy Distad, Parks and Recreation Director cc: Benno Klotz 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councihnembers, and City Administrator ~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Public Works DATE: March 7, 2005 INTRODUCTION The recruitment and selection process for the appointment of a Maintenance Worker to fill a vacant position, in the Public Works Department, has been completed. DISCUSSION The City has completed an internal recruitment, testing, and interview process for a Maintenance Worker. After a thorough review by Public Works and the Human Resources Office, an offer of employment has been made to Mr. Jeff Jones, subject to ratification by the City Council. Mr. Jones has worked for the City as a Solid Waste Operator since 2003 and has previous experience operating various types of equipment. His knowledge, skills and qualifications meet the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2005 budget. ACTION REQUESTED Approve the appointment of Mr. Jeff Jones to the position of Maintenance Worker in the Public Works Department, effective on or about March 14, 2005. Respectfully Submitted, .- ~.; / ~~~~ I Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 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, and City Administrator 0,f"/\./ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Parks and Recreation DATE: March 7, 2005 INTRODUCTION The recruitment and selection process for the appointment of a Solid Waste Operator to fill a full- time position authorized in the 2005 Budget in the Park and Recreation Department, has been completed. DISCUSSION The City has completed the recruitment, testing, and interview process for a Solid Waste Operator. After a thorough review by Parks and Recreation and the Human Resources Office, an offer of employment has been made to Mr. Todd Stephenson, subject to ratification by the City Council. Mr. Stephenson has previous experience as a solid waste operator and is currently a delivery driver for WNA Cargo. His knowledge, skills and qualifications meet the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2005 budget. ACTION REQUESTED Approve the appointment of Mr. Todd Stephenson in the Parks and Recreation Department, effective March 8, 2005. Respectfully Submitted, 1 .,/', .' f /;,(:fi-?6~~/~/~c Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 73 TO: Mayor, Councilmembers, City Administrator~1/'- FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Fire Department DATE: March 7, 2005 INTRODUCTION The annual elections for the Fire Department were held on February 14,2005. DISCUSSION Ken Kuchera has been re-elected to the position of Fire Chief, Terry Thraen has been re-elected to the position of First Assistant Chief and Dave Sender has been elected to the position of Secretary/Treasurer. In accordance with the Fire Department By-laws, these members are automatically appointed to these positions pending City Administrator approval and Council ratification. BUDGET IMPACT Funding for the positions is provided for in the 2005 budget. ACTION REQUESTED Approve the appointments of Ken Kuchera to the position of Fire Chief, Terry Thraen to the position of First Assistant Chief, and Dave Sender to the position of Secretary/Treasurer. Respectfully Submitted, ,/i1, < //' ;:>&::~/' ~ / .t#/ ,/:;t.#,-??- /;u,?0c:(,.d~ ( l . Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7h TO: Mayor and Councilmembers ~ City Administrator FROM: Daniel M. Siebenaler, Police Chief SUBJECT: Conference request DATE: March 7, 2005 INTRODUCTION / DISCUSSION The Minnesota Chiefs of Police Association will hold its 2005 Executive Training Institute in St Cloud, MN April 11-14. This training Institute represents the single largest training opportunity for police administrators in the upper midwest. The training accounts for a substantial number of Continuing Education Credits (CEU's) each year. In addition to the training opportunity the ETI also hosts the largest Law Enforcement trade show in the nation with the exception of the International Association of Chiefs of Police. This trade show offers police administrators the opportunity to examine equipment in preparation for the upcoming budget cycle. BUDGET IMP ACT This cost of this conference is covered in the Administrative Division of the 2005 Police Department 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 7# U TO: FROM: RE: Adopt Ordinance - Solid Waste Amendments DATE: March 7, 2005 INTRODUCTION City staff and the City Attorney have reviewed the Solid Waste Ordinance and are recommending amendments be made to the existing Ordinance. DISCUSSION An attached Ordinance that amends the existing Solid Waste Ordinance contains language revisions that are more consistent with Minnesota Statute Chapter l15A.94l that identifies requirements regarding the collection of solid waste. Deletion of existing language is shown with a strikethrough and new language is shown with an underline. ACTION REQUESTED Adopt the attached Ordinance that amends the existing Solid Waste Ordinance. i]es ectfully. sub~/tt:i1'J7 .. .~~~ nay Distad, Parks and Recreation Director cc: Benno Klotz ORDINANCE NO. CITY OF FARMINGTON DAKOTACOUNTY,M~ESOTA 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, Section 2 of the Farmington City Code regarding Solid Waste Collection by the City is amended by adding the underlined language and deleting the strikeout language as follows: 7-1-2: COLLECTION BY CITY: Minnesota Statute Chapter 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) Exception For /\ctu31 Producers: This Ch3pter shall not prohibit the 3ctu31 producers of refuse, or the O'A'ners of premises upon which refuse has 3ccumul3ted, from personally collecting, conveying and disposing of such refuse; provided such producers or owners comply with the provisions of this Ch3pter and with other governing 13WS. (A) Exceptions For Actual Producers: Under this Chapter the City Council mavexempt, for extenuatinQ or unusual circumstances, a residential household or business from the requirement of havinQ a solid waste collection service if the household or business ensures that an environmentallv sound alternative is used. The City Council may revoke exception status if the Council determines that the property owner is disposinQ the QarbaQe in a non-environmentallv sound manner or for any other reason in the discretion of the Council. (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. (Ord. 089-214, 6-5-1989) The City BuildinQ Official may restrict the lenQth of time that a container may stay on a construction site and may require its removal if the Buildina Official determines that the container is not beina used for the purpose of disposinQ 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 may approve such request upon recommendation of the Parks and Recreation Director. This exception will also be available to restaurants. (E) Exception For Recyclable Materials: The Council may allow a private hauler to collect and convey recyclable materials upon recommendation of the Parks and Recreation Director. (Ord. 097-405,10-20-1997) (F) Special Wastes: An owner of a commercial or industrial business may request collection service from a private contractor for special waste. (Ord. 090-232, 3-19- 1990) SECTION 2. This ordinance shall be effective immediately upon its passage. ADOPTED this _ day of City of Farmington. 2005 by the City Council of the CITY OF FARMINGTON Kevan A. Soderberg, Mayor ATTEST: David M. Urbia, City Administrator SEAL Approved as to form the day of ,2005. City Attorney Published in the Farmington Independent the day of ,2005. 7"f City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City AdministratorP- FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - Farmington Lions DATE: March 7, 2005 . INTRODUCTION The Lions Club of Farmington is requesting a Gambling Event Permit to sell 200 raffle tickets as a fundraising effort to help support Lions sponsored projects within the community. DISCUSSION The raffle tickets will be sold from March through July 14, 2005. There will be twenty weekly drawings held for $25.00 each beginning on March 3 and a grand prize drawing at their 2005 BBQ on July 14, 2005 at the American Legion Club, 10 North 8th Street. 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 portion ofthe 2005 budget. ACTION REQUESTED Consider the attached Resolution granting a Gambling Event Permit to the Farmington Lions Club to sell raffle tickets and hold weekly drawings from March 2005 through July 14, 2005. Respectfully submitted, LiS~d Jk~ Administrative Services Director RESOLUTION NO. R -05 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR FARMINGTON LIONS 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 7th day of March 2005 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 Farmington Lions has submitted an application for a Gambling Event Permit to be conducted at the American Legion, 10 North 8th Street for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Farmington Lions to be conducted at the American Legion, 10 North 8th Street, is hereby approved. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the ih day of March 2005. Mayor day of 2005. Attested to the City Administrator SEAL 71. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, City Administrator )v- Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Adopt Resolution - Ash Street Project Agreement DATE: March 7, 2005 INTRODUCTION Forwarded herewith is the Agreement between the City and Dakota County for Engineering, Right- of-Way Acquisition, Signal Revision and Highway Construction for the Ash Street Project, County Project 74-04. DISCUSSION The agreement details the cost sharing methodology for those items of the project that Dakota County's policies indicate County participation. Per County policy, the County participates in 55% of the eligible costs for projects in the City and 100% of the eligible costs for projects in the Township. The street costs for this project will be shared 70% County, 30% City (based on the composite of 100% County cost sharing adjacent to Township properties and 55% cost sharing adjacent to City properties). Right-of-way costs are handled in the same manner. Storm sewer cost participation by the County is 55% of the eligible items based on the contributing flows to the roadway (portions of the system that handle flows from outside the right-of-way are not considered contributing flows). BUDGET IMPACT The cost sharing as outlined in the agreement is per Dakota County policy, the discussions with the County during the project negotiations and the feasibility report that was presented in June of 2003. The project financing will be as outlined in previous communications. ACTION REQUESTED Adopt the attached resolution approving the agreement with Dakota County and authorizing the execution of the agreement. Ash Street Agreement March 7, 2005 Page 2 Respectfully submitted, ~m~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -05 APPROVING AGREEMENT WITH DAKOTA COUNTY FOR THE RECONSTRUCTION OF CSAH 74 (ASH STREET) Pursuant to due call and notice thereof, a regular meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 7th day of March, 2005 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, The City's and Dakota County's Capital Improvement Plans have indicated funding for the Ash Street (CSAH 74) Project, County project 74-04 in 2005; and, WHEREAS, it is considered mutually desirable to reconstruct CSAH 74 (Ash Street) from the railroad tracks to Trunk Highway 3 in Farmington and Castle Rock Township, Dakota County; and, WHEREAS, the City of Farmington and Dakota County will share project responsibilities and jointly participate in the project costs associated with engineering, construction, signal revision, and right-of-way acquisition. NOW THEREFORE, BE IT RESOLVED that the City of Farmington enter into an agreement with Dakota County for the following purposes, to wit: To share project responsibilities and jointly participate in the project costs to reconstruct CSAH 74 (Ash Street) from the railroad tracks to Trunk Highway 3 in Farmington and Castle Rock Township in Dakota County as described in the agreement. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. This resolution adopted by recorded vote of the Farmington City Council in open session on the ih day of March, 2005. Mayor Attested to the day of ,2005. City Administrator SEAL .< . JOINT POWERS AGREEMENT DAKOTA COUNTY DEPARTMENT OF TRANSPORTATION AGREEMENT FOR ENGINEERING, RIGHT OF WAY ACQUISITION, AND HIGHWAY CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON FOR DAKOTA COUNTY PROJECT NO. 74-04 STATE AID PROJECT NO. 19-674-06 STATE AID PROJECT NO. 212-020-07 FOR THE Reconstruction of County State Aid Highway 74 (Ash Street) from the railroad tracks to Trunk Highway 3 in Farmington and Castle Rock Township, Dakota County. County Project No.74-04 February 10, 2005 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; and the City of Farmington, referred to in this Agreement as "the City"; and witnesses the following: WHEREAS, under Minnesota Statutes Section 471.59, subd. 1, two or more governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to reconstruct CSAH 74 (Ash Street) from the railroad tracks to Trunk Highway 3 in Farmington and Castle Rock Township, Dakota County; and WHEREAS, revisions to the traffic control signal system at CSAH 74 and TH 3 are necessary due to roadway construction; and WHEREAS, the County and the City have included this project in their Capital Improvement Programs and will jointly participate in the costs of said engineering, construction, signal revision, and right of way acquisition. NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with engineering, highway construction, signal revision, and right of way acquisition as described in the following sections: 1. Enqineerinq. Engineering costs shall be split based on the County's and City's share of the final construction costs. 2 County Project No.74-04 February 10, 2005 2. Roadwav Construction Items. The costs of the following items for the reconstruction of CSAH 74 shall be shared in the amount of 70% by the County and 30% by the City: a.) Clearing and grubbing; b.) Removal and salvage; c.) Grading, Base, and Surfacing; d.) Curb and gutter; e.) Turf establishment; f.) Pavement markings and signing; g.) Mobilization, field office, and traffic control; h.) Sidewalks and bikeways; L) Mitigation required by state and federal permits; j.) Replacing and restoring fences, landscaping, and driveways; k.) Centerline drainage culverts; I.) Reconstructing or adjusting sanitary sewer, storm sewer and detention ponds, watermains and appurtenances due to roadway construction; m.) Relocating or adjusting privately owned utilities when not performed at the expense of the utility; n.) Landscape plantings less than five feet tall; and 0.) The County's share of water pollution control best management practices, based on contributing flows, meeting National Urban Runoff Protection (NURP) standards. 3. Storm Sewer Items. The County's share of the costs of the storm sewer and other drainage facilities for the reconstruction of CSAH 74 shall be 55% of the County State Aid 3 County Project No.74-04 February 10, 2005 eligible items based on contributing flows. The City shall be responsible for the remaining costs of storm sewer and other drainage facilities. 4. Riqht Turn Lane Construction. The County shall be solely responsible for the costs of the eastbound right turn lanes on CSAH 74 at 2nd Street and on CSAH 74 at 3rd Street. 5. Siqnal Revision. The City, by contract labor, shall revise the permanent traffic control signal system at the intersection of Trunk Highway 3 and County State Aid Highway 74. The signal system construction costs shall be shared in the amount of 50% by the County and 50% by the City. 6. City Utilities. Except as stated in the above sections of this agreement, the City shall pay all other costs for storm sewer, storm water ponding, NURP and other drainage facilities, sanitary sewer, watermains and appurtenances, and lighting constructed as part of this project shall be responsible for their maintenance. 7. Plans and Specifications. The City will prepare complete grading, paving, storm sewer, municipal utility, and signal revision plans and specifications consistent with State Aid design standards, the Dakota County Transportation Plan, and the City's utility standards and specifications. County approval of the plans and specifications is necessary prior to advertising for bids. 8. Award of Contract. The City will advertise for bids for the construction of this project in accordance with Minnesota Law and will provide the County with an analysis of the bids received. The City will obtain County concurrence with the selected bid amount prior to the City's award of contract. 4 County Project No.74-04 February 10, 2005 9. Riqht-of-Way. The City shall acquire all new right of way needed for permanent and temporary highway, sidewalk and trail construction, sanitary sewers, water mains, wetland mitigation and banking, and water pollution control best management practices for this project in a manner consistent with applicable State laws and rules. The cost of acquiring the right of way for highway improvements within the City shall be shared in the amount of 55% by the County and 45% by the City. The cost of acquiring the right of way within Castle Rock Township shall be the responsibility of the County. Upon completion of the project, the ownership of the permanent right of way needed for the operation and maintenance of CSAH 74 shall be transferred to the County by recordable documents. The City shall pay all of the costs of obtaining easements for NURP ponds and basins. Upon completion of the project, the ownership of the drainage and ponding easements shall remain in the name of the City. Right of way costs for new sanitary sewer and water mains and appurtenances outside of the right of way needed for the highway improvements shall be the responsibility of the City. 10. Payment. The City will act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as the Project work progresses and when certified by the City Engineer. The City, in turn, will bill the County for the County's share of the project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 5 County Project No.7 4-04 February 10, 2005 11. Sidewalks and Bike Trails. Upon acceptance of the project, the City shall be responsible for sidewalk and trail maintenance. 12. Storm Sewer Maintenance. Upon acceptance of the project, the City shall be responsible for storm sewer maintenance. The County will share in the cost of NURP pond maintenance based on contributing flows. 13. Pavement Maintenance. Upon acceptance of the project by the County and City, the County shall be responsible for all pavement maintenance within County right of way unless necessitated by a failure of a municipal utility system or installation of new facilities. 14. Subsequent Excavation. After completion of the project regarding installation, and after expiration of the warranty period regarding repair, if excavation within the highway right of way is necessary to repair or install water, sewer, or other city utilities, the City shall restore the excavated area and road surface. If the City employs its own contractor for the above described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility. If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 30 days following receipt of a written claim by the County. 15. Chanqe Orders and Supplemental Aqreements. Any change orders or supplemental agreements that affect the County's project cost participation and changes to the plans that affect current County Road standards must be approved by the County prior to execution of work. 6 County Project No.74-04 February 10,2005 16. Rules and Requlations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 17. Indemnification. During the roadway construction activity, 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. In order to ensure a unified defense against any third party liability arising from the design and construction called for in this agreement, the City agrees to maintain, and require any contractors or subcontractors hired to do any portion of the work under this Agreement to also maintain, Commercial General Liability insurance in amounts consistent with minimum limits of coverage established under Minnesota Statutes 466.04 during the term of this construction activity. Such insurance policy(ies) shall name Dakota County as an Additional Insured with respect to the construction work called for in this Agreement. After completion of the roadway, the County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. 7 County Project No.74-04 February 10, 2005 18. Waiver. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County for any purpose, including Worker's Compensation, or any and all claims that mayor might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. The opposite situation shall also apply: the City shall not be responsible under the Worker's Compensation Act for any employees of the County. 19. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County, City, and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 20. Inteqration. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the County and the City regarding the project; whether written or oral. n:\agrment\200SA GR\7404. doc 8 County Project No.74-04 February 10, 2005 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF FARMINGTON RECOMMENDED FOR APPROVAL: Public Works Director By Mayor APPROVED AS TO FORM: (SEAL) City Attorney By City Clerk Date ---------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ~~~- County Engl r County Attorney By: Physical Development Director COUNTY BOARD RESOLUTION No. 95-326 Date: 5/16/95 Date: 9 11 BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY, MINNESOTA DATE May 16, 1995 RESOLUTION NO. 95-326 Motion by Commissioner Ba tag 1 i a Seconded by Commissioner Krause WHEREAS, Dakota County and the City of Farmington have scheduled County Project 74-04 to be constructed in 1996; and WHEREAS, Dakota County and the City of Farmington need to enter into an agreement for County Project 74-04 (SAP 19-674-06). NOW, THEREFORE, BE IT RESOLVED. That the Dakota County Board of Commissioners authorizes entering into a cost-sharing agreement with the City of Farmington for County Project 74-04. according to the terms and conditions set forth in the Cost-Sharing Agreement for Highway Design and Construction; and BE IT FURTHER RESOLVED, That the appropriate Dakota County Officials are hereby authorized to execute the agreement, subject to approval by the County Attorney's Office as to form and execution. YES NO Harris X Harris Maher X Maher Bataglia X Bataglia Mueller X Mueller Turner X Turner Krause X Krause Loeding X Loeding State of Minnesota County of Dakota I. Joan L. Kendall, Clerk to the Board of the County of Dakota, State of Minnesota. do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners. Dakota County. Minnesota. at their session held on the 16 t h day of Ma y 1991L. now on file in the County Administration Department. and have found the same to be a true and correct copy thereof. Witness my hand and official seal of Dakota County this ~ #~ _ day of .//?.~_ / ?7r ~.aI d ~~~~/~/ ~ Clerk to tiie Board 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, City Administrator ~ FROM: Tim Gross, P .E., Assistant City Engineer~ SUBJECT: Authorize Use of Eminent Domain - Ash Street Project DATE: March 7, 2005 INTRODUCTION Construction easements are needed from various parcels within the Ash Street Phase II Utility Improvement and Street Reconstruction Project area. These easements are necessary to construct the proposed improvements and to transition the grading into the existing yards. DISCUSSION Staff has been in contact with the two property owners regarding the easements in question and is in the process of working out agreements for their acquisition. As of the writing of this memo, the agreements have not yet been finalized for these two properties. At this time, it is recommended that the Council authorize staff to initiate the condemnation "quick take" process for these easements, to insure that the City can begin the Ash Street utility construction at the beginning of April, since the quick take process takes 90 days. Staff will continue to work with the property owners with the goal of reaching agreements for the easements before acquiring the easements through the quick take process becomes necessary. The two easements referenced in this memo are anticipated to be the last of the easements needed for the Ash Street project that will be brought to the Council for this action. BUDGET IMPACT Settlements with the property owners for the easements would be funded as part of the Ash Street project costs. ACTION REQUESTED Adopt the attached resolution authorizing condemnation of property for public uses with the "quick take" provisions of Minnesota Statute Section 117.042. If an agreement is reached before the 90 days are up and the City needs to take possession of the easements, the quick take provision will not need to be utilized. Page 2 Authorize Use of Eminent Domain - Ash Street Project Respectfully Submitted, .~~ Tim Gross, P .E. Assistant City Engineer cc: file Lee M. Mann, P.E., Director of Public Works/City Engineer CITY OF FARMINGTON RESOLUTION NO.: R_-05 RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENT FOR PUBLIC PURPOSES 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 ih day of March 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City Council of the City of Farmington does hereby determine that it is necessary and for a public use and purpose to acquire the temporary easement legally described on the attached Exhibit "A", subject to engineering modifications, if any, for temporary construction purposes in connection with the Ash Street Phase II Reconstruction Project, City Project No. 2004-047; and, WHEREAS, City staff and consultants have and will continue to work with the property owner(s) to acquire the easement; and, WHEREAS, the City Council finds that development and construction conditions related to the area make it necessary to acquire title to, and possession of, the easement as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner. NOW, THEREFORE, be it resolved by the City Council ofthe City of Farmington, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the temporary construction easement legally described on the attached Exhibit "A", subject to engineering modifications, ifneeded. 2. That the City Attorney is authorized to acquire the necessary property interest pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and the City Administrator are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. ADOPTED this ih day of March, 2005, by the City Council ofthe City of Farmington. Mayor Attested to the day of March 2005. City Administrator SEAL 115317 EXHIBIT "A" A25 PROPOSED EASEMENT DESCRIPTIONS An easement over, under and across the east 10.00 feet ofthe north 90.00 feet and the east 20.00 feet of the south 73.00 feet ofthe north 163.00 feet of the following described property: The east 2 rods of the west 6 rods of Lot 4, ALEX. EMPEY'S ADDITION TO FARMINGTON, according to the recorded plat thereof, Dakota County, Minnesota; AND The west 4 rods, except the north 121 feet thereof, of said Lot 4. Together with a temporary easement over, under and across the west 10.00 feet of the east 20.00 feet of the north 90.00 feet and the west 10.00 feet ofthe east 30.00 feet ofthe south 93.00 feet of the north 173.00 feet and the south 10.00 feet ofthe east 20.00 feet of said south 93.00 feet of the north 173.00 feet and the north 10.00 feet ofthe west 13.00 feet of the above described property. A31 PROPOSED TEMPORARY EASEMENT DESCRIPTION An easement over, under and across the north 5.00 feet of the east 93.5 feet ofthe north 150.00 feet of Lot 3, ALEX. EMPEY'S ADDITION TO FARMINGTON, according to the recorded plat thereof, Dakota County, Minnesota. 115317 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us 717 SUBJECT: Mayor, Councilmembers, City Administrator p;4 Tim Gross, P .E., Assistant City Engineer ~ Approve Easement Acquisition - Ash Street Utility & Street Reconstruction project TO: FROM: DATE: March 7, 2005 INTRODUCTION Staff has completed easement acquisition negotiations with thirteen additional property owners since the last authorized easement acquisition for the Ash Street Utility & Street Reconstruction project. DISCUSSION Permanent utility easements and temporary construction easements are needed for the installation of City utilities and for grading corrections for properties adjacent to the Ash Street Reconstruction proj ect area. BUDGET IMPACT The total amount negotiated for the easement acquisitions for these thirteen properties is $9,600.00. The individual property settlement information is available for review at Council's request. ACTION REQUESTED Approve by motion the acquisition of the above referenced easements for the Ash Street Utility & Street Reconstruction project. ubmitted, ~ Tim Gross, P .E. Assistant City Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 70 SUBJECT: Mayor, Councilmembers, City Administrawr~ Jennifer Collova, Natural Resources specialis~ Dakota County Prohibited Noxious Weed List TO: FROM: DATE: March 7, 2005 INTRODUCTION Spotted knapweed is a non-native species introduced to the United States from Europe and Asia. Spotted knapweed is a very aggressive plant that can take over pasture and rangeland and cause serious forage and crop decline. Plant diversity and an increase in stormwater runoff and sedimentation are also problems associated with spotted knapweed. DISCUSSION At a recent Dakota County Township Officer Association meeting, a discussion was held to decide whether or not to include spotted knapweed to the list of controlled noxious weeds in Dakota County. Infestations have been observed in Eagan, Lakeville, and Castle Rock Township. As a result of the meeting, it was agreed that a petition should be started to add spotted knapweed to the noxious weed list in Dakota County. BUDGET IMPACT The City of Farmington currently inspects for and has an ordinance on noxious weeds and their removal so there will be no additional cost to add spotted knapweed to the list of prohibited noxious weeds. ACTION REQUESTED Adopt the attached Resolution supporting the addition of spotted knapweed to Dakota County's prohibited list of noxious weeds. cc: file RESOLUTION NO. R -05 PETITION TO ADD SPOTTED KNAPWEED TO LIST OF PROHIBITED NOXIOUS WEEDS in DAKOTA COUNTY 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 ih day of March 2005 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, spotted knapweed (Centaurea maculosa; C. biebersteinii) is an invasive, non-native species; and, WHEREAS, this species has the potential to cause injuries to public health, the environment, public roads, crops, livestock, and other property; and, WHEREAS, spotted knapweed (Centaurea maculosa; C. biebersteinii) is on the State of Minnesota list of secondary noxious weeds that may be added to Dakota County's prohibited list of noxious weeds; and, WHEREAS, a petition to add spotted knapweed (Centaurea maculosa; C. biebersteinii) following the process set forth in the State of Minnesota rule 1505.0750 has been proposed. NOW, THEREFORE, BE IT RESOLVED, that the City of Farmington does support a petition to add spotted knapweed (Centaurea maculosa; C. biebersteinii) to Dakota County's prohibited list of noxious weeds; and BE IT FURTHER RESOLVED, that by approval of this resolution the City of Farmington shall be entered onto the petition to add spotted knapweed (Centaurea maculosa; C. biebersteinii) to Dakota County's prohibited list of noxious weeds; This resolution adopted by recorded vote of the Farmington City Council in open session on the ih day of March, 2005. Mayor Attested to the day of , 2005. City Administrator SEAL This resolution was 0 Approved 0 Rejected at an official meeting of the City of Farmington on the _ day of in Farmington, Minnesota. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ FROM: Mayor and Councilmembers ij)/1 /'~ David Urbia, City AdministratorV r TO: SUBJECT: Schools and Conferences - Council DATE: March 7, 2005 INTRODUCTION Mayor Soderberg provided this information to me with a request for him to attend. DISCUSSION Any councilor staff conference or school that is $150 or over requires council approvaL BUDGET IMPACT $150 plus mileage. The 2005 budget is not adequate for Council and Administration to receive appropriate training and conduct the goal setting session. Staffwill work out a plan for 2005 to allow attendance at these important training opportunities. ACTION REQUESTED Recommend approval. 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(: Ill"- '- "",! \ \" ....] I' ld L' "I] II I\' 1,1 ,I[ 1...., Lll LJ q 1])" '-, ~_ I ~-i 1I1 11 [I 11 H l! 1 11 ( I III ,\ I ,I I (: I I I LNl\^ilil:ldXI NV11~11\~\ 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 j)~ City Administrator jJ/ J FROM: Daniel M. Siebenaler, Police Chief SUBJECT: Joint Powers Agreement Dakota County Drug Task Force DATE: March 7,2005 INTRODUCTION The Farmington Police Department participates with the Dakota County Drug Task Force in the investigation of drug complaints and activity. Farmington contributes approximately 354 hours of in- kind services annually. A Joint Powers Agreement (JP A) authorizes that participation. The existing agreement is out of date and needed a few updates. The revised JP A is attached for your review. DISCUSSION The proposed revision of the Dakota County Drug Task Force Joint Powers Agreement remains much the same as the earlier version with these exceptions: . The Federal Bureau of Alcohol, Tobacco and Firearms is listed as an ex-officio member . Earlier language regarding the City of Burnsville pertaining to grant funding, budgeting and accounting have been removed. The City of Eagan is currently assuming the financial duties for the organization. . An earlier clause requiring the Task Force to pay a salary differential for the Agent-in-Charge has been removed . A five-year expiration date has been added to the document to avoid future obsolescence. . The Task Force Board of Directors is being authorized to hold/manage real property from seIzures. BUDGET IMPACT The financial support of the Dakota County Drug Task Force remains unchanged. Funding has historically come from Grants, cash forfeitures, and sale of property and restitution. These sources have been sufficient to fund operations. However in the event that these sources do not meet fiscal obligations the individual members could be obligated to provide a financial contribution. ACTION REQUESTED Approve the attached Joint Powers Agreement. Respectfully submitted, Daniel M. Siebenaler Chief of Police DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 9471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force. 2. General Purpose. The purpose ofthis Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County 4. Administrative Board. 4.1 Creation and Composition. A joint powers board, known as the Drug Task Force Administrative Board, is established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall consist of one member from each of the member units of government, appointed by their respective police chief or sheriff, plus one member appointed by the Dakota County Attorney. Board members appointed by police chiefs and the sheriff must be full-time supervisory peace officers of their jurisdiction or office. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 4.2 Term. Board members shall serve at the pleasure of their respective police chief, sheriff or county attorney, or their legal successor. In the event that any Board member DAKOTA COUNTY DRUG TASK FORCE 1 JOINT POWERS AGREEMENT shall be removed by the appointing agency, the vacancy shall be filled by the appropriate appointing agency. 4.3 Officers. In January of each year, the Board shall elect from its members a chair, a vice-chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Officers shall serve for a term of one (1) year or until the officer ceases to be a board member, whichever is shorter. 4.4 Meetings. The Board shall have regular and special meetings at such times and places as the Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two (2) board members, except that a special meeting to consider adoption of or amendments to the Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of two-thirds (2/3) of the board members at a meeting shall constitute a quorum. 4.5 Voting. Each board member shall be entitled to one vote. Proxy voting is not permitted. The Board shall function by a majority vote of the board members present. 5. Duties of the Administrative Board. 5.1 The Board shall formulate a program to carry out its purpose. 5.2 The Board shall coordinate intelligence between the members and the Task Force. 5.3 The Board shall appoint and supervise the Agent-in-Charge of the Task Force. The Board may appoint and supervise Assistant Agent(s)-in-Charge of the Task Force. All such appointments are subject to the concurrence of an Agent's police chief or sheriff. 5.4 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 5.5 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. DAKOTA COUNTY DRUG TASK FORCE 2 JOINT POWERS AGREEMENT 6. Powers of the Administrative Board. 6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consistent with the terms of this Agreement and any applicable laws or regulations. 6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board may authorize the chair ofthe Board to execute those contracts. 6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement. 6.4 The Board may apply for and accept gifts, grants or loans of money or other property or assistance from the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.6 The Board may contract with any of its members to take title to, hold, manage and convey real property obtained by the Board and on its behalf as a result of civil asset forfeiture proceedings; to enter into contracts regarding such real property; and to pay reasonable and necessary expenses related to the hold, managing and conveyance of such real property. The member shall be entitled to reimbursement for such expenses upon sale of the property and shall transmit any net proceeds to the Board. If expenses exceed the sale of proceeds, the Board shall reimburse the member from other funds. 6.7 The Board will purchase liability insurance, which shall be payable from Task Force funds, and the members may not take any actions under this Agreement until such liability insurance is in effect. 6.8 The Board may hold such property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as provided for in this Agreement. 6.9 The Board may recommend changes in this Agreement to its members. DAKOTA COUNTY DRUG TASK FORCE 3 JOINT POWERS AGREEMENT 7. Budgeting and Funding. 7.1 The members intend to fund the cost of operation of the Task Force from grant funds and matching funds from member cities and Dakota County, from the proceeds of forfeiture actions, and from restitution. It is the members' intention that matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. 7.2 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.3 The Board may contract with any of its members to provide budgeting and accounting services necessary or convenient for the Board. Such services shall include, but not be limited to: management of all funds, including member contributions and grant monies; forfeiture proceeds; payment for contracted services; and relevant bookkeeping and recordkeeping. No payment on any invoice for services performed by any person providing services in connection with this Agreement shall be authorized unless approved by the chair, vice-chair or secretary/treasurer. 7.4 The members agree to contribute their grant funds and required matching funds to operate the Task Force. 7.5 All funds shall be accounted for according to generally accepted accounting principles. The Secretary/Treasurer shall make a monthly financial report of all expenditures and receipts, and current fund balances to the Board. 7.6 The Board may not incur debts. 7.7 The Board's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are received, the Board may reduce the level of reimbursement and/or reduce other expenditures. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve as agents for the Task Force as follows: City of Apple Valley City of Burnsville City of Eagan City of Farmington One (1) Full Time Equivalent (FTE) One (1) FTE One (1) FTE One Seventeen-Hundredth (.17) FTE DAKOTA COUNTY DRUG TASK FORCE 4 JOINT POWERS AGREEMENT City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County One Half (.50) FTE One (1) FTE One (1) FTE One Quarter (.25) FTE One Twenty-Hundredth (.20) FTE One Quarter (.25) FTE One Half (.50) FTE One (1) FTE Four (4) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be compensated by that member. Each party to this Agreement shall be responsible for injuries to or death of its own personnel. Each party to this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injury were caused wholly or partially by the negligence of any other party, or its officers, employees or agents. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development and case charging. Agents will also assist other agents in surveillance and undercover operations. Agents will work cooperatively with assisting agencIes. 8.4 Agents will be supervised by the Agent-in-Charge or, in his/her absence, by the Team Leader assigned by the Agent-in-Charge to act in his/her behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a vehicle and pay any lease payments, insurance, maintenance and operating costs of the vehicle. Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging and meals. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or loss were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. DAKOTA COUNTY DRUG TASK FORCE 5 JOINT POWERS AGREEMENT 9. Agent-in-Charge and Team Leader(s). 9.1 From among the full-time Agents assigned by members, the Board shall appoint an Agent-in-Charge who shall serve at the Board's pleasure. The Agent-in-Charge must be a full-time, licensed supervisory peace officer of a member. The Agent-in-Charge shall remain an employee of the member that has assigned them to the Task Force. 9.2 The Agent-in-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Agent-in-Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Agent-in- Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent- in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. . 9.3 The Agent-in-Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence ofthe Agent's member agency, and serve at the Board's pleasure. The Team Leader( s) must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-Charge is absent. The Team Leader(s) shall remain an employee of the member city or County at all times. 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Agent- in-Charge is absent, shall be the same as the Agent-in-Charge as described in paragraph 9.2 herein. If there is more than one Team Leader, the Agent-in-Charge will assign one Team Leader to act as Agent-in-Charge while the Agent-in-Charge is absent. 10. Forfeiture, Seizures and Fines. Items that are seized pursuant to this Agreement shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of federal forfeiture actions, established federal rules shall be followed. The Board may divide all remaining forfeited items among Task Force members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution DAKOTA COUNTY DRUG TASK FORCE 6 JOINT POWERS AGREEMENT monies ordered paid to the Task Force by court order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insurance. This Agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 12. Effective Date. This Agreement shall take full effect on January 1,2005. All members need not sign the same copy. The signed Agreement shall be filed with the City of Bumsville, who shall notify all members in writing of its effective date. 13. Termination and Withdrawal. 13.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the following events, whichever occurs first: . When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or . When a majority of members agree by resolution to terminate the agreement upon a date certain; or . On December 31, 2009. 13.2 Withdrawal. Any member may withdraw from this Agreement upon six months' written notice to the Board. The Board shall notify the members pursuant to paragraph 14. Withdrawal shall not act to discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until discharged by law or agreement. In the event of withdrawal by any member, the agreement shall remain in full force and effect as to all remaining members. 13.3 Effect of Termination. Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 7.1 herein. DAKOTA COUNTY DRUG TASK FORCE 7 JOINT POWERS AGREEMENT 14. Notice. Notice of withdrawal shall be provided by first class mail to the following: Apple Valley Chief of Police 7100 147th Street West Apple Valley, MN 55124 Lakeville Chief of Police 20110 Holyoke Avenue South Lakeville, MN 55044 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337 Mendota Heights Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Eagan Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 Rosemount Chief of Police 2875 l45th Street West Rosemount, MN 55068 Farmington Chief of Police 325 Oak Street Farmington, MN 55024 South St. Paul Chief of Police 125 3rd Avenue North South St. Paul, MN 55075 Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 West St. Paul Chief of Police 1616 Humboldt Avenue West St. Paul, MN 55118 Inver Grove Heights Director of Public Safety 8150 Barbara Avenue Inver Grove Heights, MN 55077 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 Savage Chief of Police 6000 McColl Drive Savage,MN 55378 IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 9471.59. Approved by the City Council CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature Date DAKOTA COUNTY DRUG TASK FORCE 8 JOINT POWERS AGREEMENT Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date DAKOTA COUNTY DRUG TASK FORCE CITY OF BURNSVILLE By Date of Signature Attest Date of Signature CITY OF EAGAN By Date of Signature Attest Date of Signature CITY OF FARMINGTON By Date of Signature Attest Date of Signature CITY OF HASTINGS By Date of Signature Attest Date of Signature CITY OF INVER GROVE HEIGHTS By Date of Signature Attest Date of Signature 9 JOINT POWERS AGREEMENT City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7 SUBJECT: Mayor and Councilmembers David Urbia, City Administrat~ Letter Of Support for Federal Project Funding for Proposed Dakota County \ Multi-Jurisdictional Public Safety Support Center TO: FROM: DATE: March 7, 2005 INTRODUCTION Dakota County will be submitting application to request federal project funding for a Dakota County multi-jurisdictional public safety support center. They are seeking letters of support from all jurisdictions within the county. DISCUSSION Attached are general project information and the draft letter of support. The High Performance Partnership (HIPP) project considered several aspects of public safety and recommended that local governments jointly undertake the development of a Public Safety Support Center. Staff is currently involved in various HIPP committees to provide input so that the partnership project is beneficial for both Farmington and all other participants. BUDGET IMPACT None. ACTION REQUESTED Recommend approval so Mayor may sign letter on behalf of the City of Farmington and submit to Dakota County. Request for Federal Project Funding: Dakota County Multi-Jurisdictional Public Safety Support Center GENERA.tJwPR()JEC1'~FORMATlON Project name/title Dakota County Multi-Jurisdictional Public Safety Support Center Name of the grantee Dakota County, Minnesota Description The Dakota County Multi-Jurisdictional Public Safety Support Center (PSSC) is proposed to create greater efficiency, higher cost- effectiveness, and enhanced services for the security of the citizens of Dakota County and the region. The public demands and homeland security requires that public safety personnel be coordinated, equipped, and supported by the most current technology. The proposed project is one result of a year-long review by elected and appointed officials from city governments and the county of ways that local governments could work in partnership to better provide services to citizens of Dakota County. The High Performance Partnership (HIPP) project considered several aspects of public safety and recommended that local governments jointly undertake the development of a Public Safety Support Center. The prime components of the Public Safety Support Center are: . A dispatch center for an APCO 25 compliant digital trunk radio system that is integrated with the Minnesota regional public safety radio network. This dispatch center will facilitate the consideration of consolidation of the multiple public safety answering points that now exist within the county. · Space for the County Special Operations Team and Drug Task Force. The Special Operations Team (SOT) is comprised of police, fire and Emergency Management Services (EMS) staff from the jurisdictions within the county. The SOT has the capacity to respond to local hazardous material events and is developing capabilities to respond to weapons of mass destruction events, including medium collapsed structure rescue. · Storage of mobile command vehicles and other specialized equipment. · Implementation of an integration hub for criminal justice information systems integration to facilitate access to this information by law enforcement. Dakota County has served as a pilot county for development of new applications for sharing criminal justice information among local law enforcement agencies and for improved methods of sharing information between local law enforcement agencies and the State of Minnesota, as part of the CriMNet Program (State of Minnesota). The Center also will include the space to house the information technology staff dedicated to a regional approach to upgrade, consolidate, and implement advanced technical solutions for law enforcement. · A centralized booking/holding facility. · Space to support training, major investigations, and a centralized Emergency Operations Center. The space would regularly be used for technical training for dispatch, fire, police, and IT personnel, but would be equipped for conversion to an Emergency Operations Center for large-scale disaster responses. Schedule for completion: Planning for the Public Safety Support Center will be completed by June 2005. The facility is scheduled to be designed and constructed between July 2005 and September 2006. Amount requested for 2006 $7.5 million is requested for fiscal 2006 to design and construct the Dakota County Multi-Jurisdictional Public Safety Support Center. Total overall cost $12.5 million. Non-federal match in 2006 Non-federal match will be provided, as required. Local/state/private spending previously committed: Previous commitments include: · Approximately $3.4 million from state and local funds for development of a criminal justice information integration system that will be operated through the Center. · Approximately $10 million for the development of an APCO 25 compliant digital trunk radio system that is integrated with the state regional public safety radio network that will be operated through the Center. · Local commitments to the funding of Special Operations Team and specialized public safety equipment, which will be centralized at the Center. How will the funds be used Funds will be used for the design and construction of the Multi- Jurisdictional Public Safety Support Center. Previous federal funding None. Future funding An additional $5 million is estimated for the creation of space to support training, major investigations, and a centralized Emergency Operations Center in a second phase of the project. Eligibility for federal funds Specifically appropriated funds are requested for this project. This project is similar to a project for which Ramsey County, Minnesota has been appropriated funds pursuant to the OJP-Crime Identification Technology Act (FY 2005). National significance Dakota County, the third largest county in Minnesota, has a major refinery and is bordered by a second refinery; borders a nuclear facility and the Minneapolis- St. Paul Airport; is part of the Mississippi River waterway, including Local and Dam No.2; and is home to a number of major corporations (e.g., Northwest Airlines). It is part of the Minneapolis-St. Paul Urban Area Security Initiative region. Efficient and effective homeland security efforts will be served by a Multi-Jurisdictional Public Safety Support Center. A countywide approach to emergency preparedness leverages the use of specialized equipment and staff to provide the most cost effective deployment of capabilities within Dakota County and to its regional partners. Local opposition With the concept developed through a partnership of the cities and th.e County, there is active support for this project. CJIIN is a proven partnership of law enforcement agencies, cities, the State of Minnesota, and the County. February _' 2005 The Honorable Joe Harris, Chair Dakota County Board of Commissioners Dakota County Administration Center 1590 Highway 55 Hastings, Minnesota 55033 Dear Commissioner Harris: On behalf of the City of , I am writing to express our City's support for the Dakota County request to Congress for $7.5 million for a Multi-Jurisdictional Law Enforcement Support Center. This request is a critical component of a coordinated effort to enhance services for the security of the citizens of Dakota, create greater efficiencies in our public safety operations, and implement more cost-effective approaches in the services that cities and the County provide. Dakota County's request is a centerpiece of the High Performance Partnerships initiative that we have jointly implemented, in which we are moving quickly toward greater cooperation between governmental entities within the County. (name of city) is an active partner in this effort and the plans to develop the Multi-Jurisdictional Public Safety Support Center. Through the Center, we will provide enhanced communication; a home for the integrated criminal justice information system that we have been cooperatively building; space for specialized teams and shared public safety equipment; an opportunity for a centralized booking and holding facility; and, in the longer- term, space to support training, major investigations, and a centralized Emergency Operations Center. Dakota County's request for federal funds to design and construct the Public Safety Support Center will result in coordinated services that will significantly enhance our capability to efficiently and effectively provide for the safety of our citizens. Please share our letter of support with members of the Dakota County Congressional Delegation so that they also are aware of our strong support for the Multi-Jurisdictional Public Safety Support Center and encourage members of the Congressional Delegation to contact us if they have any questions or concerns that they would like to discuss with us. Sincerely, City of cc Brandt Richardson, County Administrator Dakota County ~a.... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ l!./- FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - 2005 Seal Coat Project Public Hearing DATE: March 7, 2005 INTRODUCTION At the February 7, 2005 City Council meeting, the Council accepted the feasibility report and scheduled a public hearing for March 7, 2005, on the 2005 Seal Coat project. DISCUSSION The 2005 Seal Coat project is the twelfth project in the City's seal coat program established by the City of Farmington in 1994. The seal coat program is implemented in a seven-year cycle. The streets indicated in Attachment A are to be included in the seal coat program this lear. The streets in Charleswood 4th and 5th Additions, Middle Creek 1st Addition, Middle Creek 3r Addition, Autumn Glen 3rd Addition and Municipal Drive are to be seal coated for the first time this year. The streets of Dakota County Estates 9th Addition, Nelsen Hills Farm 3rd Addition, Akin Park Estates 1st through 4th Addition, Limerock Ridge, Prairie Creek 3rd Addition, 2nd Street between Elm Street and Spruce Street, 3rd Street between Spruce Street and Walnut Street, 4th Street between Elm Street Walnut Street, 5th Street between Elm Street and half a block north of Spruce Street, 6th Street between Elm Street and half a block north of Spruce Street, ih Street between Elm Street and half a block north of Spruce Street, Oak Street between 4th Street and Hwy 3, Spruce Street between 2nd Street and 4th Street, the alley south of the post office, the alley south of the library and the alley north of the VFW are scheduled to be seal coated this year. BUDGET IMPACT The City has been in contact with the City of Burnsville who is the administrator of a Joint Powers Agreement for seal coating, traffic markings, aggregate screening, street sweeping and crack filling. Cities involved in the Joint Powers Agreement include the City's of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee and Mendota Heights. It is recommended that the City complete these improvements as part of the Joint Powers project. The total estimated project cost for the 2005 Seal Coat project is approximately $151,000. The City's special assessment policy indicates a 50/50 cost sharing split between the City and benefiting properties for seal coat improvements. The estimated assessment based on the estimated project costs and the special assessment policy is $75.45 per residential equivalent unit. ACTION REQUESTED Adopt the attached resolution ordering the 2005 Seal Coat project, approving the plans, and authorize the City to complete these improvements as part of the Joint Powers project. Respectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Attachment A Streets Location 1 85th Street West North phase line of Dakota County Estates 9th Addition to the south phase line of Dakota County Estates 9th Addition English Avenue to the east phase line of Dakota County Estates 9th Addition Pilot Knob to the south phase line of Nelsen Hills Farm 3rd Addition Euclid Path to north phase line of Nelsen Hills Farm 3rd Addition All Euclid Path to west phase line of Nelsen Hills Farm 3rd Addition Euclid Path to west phase line of Nelsen Hills Farm 3rd Addition English Avenue Euclid Path Euclid Street Enhance Court Esquire Way Essence Trail 193rd Street Epic Court Enchanted Way Encore Court Enchanted Court English Avenue Pilot Knob to Akin Road All All All All 193rd Street West to 190th Street West 194th Street West Elmwood Circle Elsmere Court Ellington Trail Akin Road to Ellington Trail All All All 193rd Street West Embry Lane 192nd Street 19 pI Street Echo Lane Akin Road to the east phase line of Akin Park 1 sl Addition All Embry Lane to Echo Lane Embry Lane to Echo Lane All Eaglewood Trail All North phase line of Prairie Creek 3rd Addition to the south phase line of Prairie Creek 3rd Addition Embers Avenue to the east phase line of Prairie Creek 3rd Addition Embry Avenue Embers Avenue 200th Street West Everhill Avenue Excelsior Lane Export Trail Embers Avenue to the north phase line of Autumn Glen 3rd Addition 195th Street to the north phase line of Autumn Glen 3rd Addition Pilot Knob to the west phase line of Charleswood 4th Addition 200th Street West to the north phase line of Charles wood 4th Addition 200th Street West to Everhill Avenue Excelsior Lane to the east phase line of Charleswood 4th Addition Elkridge Trail Embers Avenue Municipal Drive All 203rd Street West Pilot Knob to the east phase line of Middle Creek 3rd Addition Erickson Path Erickson Court Enright Court Erickson Knoll English Avenue Enright way Oak Street Spruce Street 2nd Street 3rd Street 4th Street 5th Street 6th Street ih Street Alley south of Post Office Alley south of new library Alley north of VFW All All Enright Way to the east phase line of Middle Creek 151 Addition All 203rd Street West to the north phase line of Middle Creek 3rd Addition All 4th Street to HWY 3 2nd Street to 4th Street Elm Street to Spruce Street Spruce Street to Walnut Elm Street to Walnut Street Elm Street to 'li block south of Oak Street Elm Street to 'li block south of Oak Street Elm Street to 'li block south of Oak Street All All All RESOLUTION NO. R -05 ORDERING PROJECT, APPROVING PLANS AND AUTHORIZING THE CITY TO COMPLETE THESE IMPROVEMENTS AS PART OF THE JOINT POWERS AGREEMENT PROJECT 05-01, 2005 SEAL COAT PROJECT 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 7th day of March 2005 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, a resolution of the City Council adopted the ih day of February 2005, fixed a date for a Council hearing on the proposed 2005 Seal Coat Project; and, WHEREAS, ten days' mailed notice and two publications of the notice of the hearing was given, and the hearing was held thereon on the ih day of March, 2005, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report, and the improvement should be made as proposed and not in connection with any other City improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 7th day of February, 2005. 3. Plans prepared by Lee M. Mann, P.E., engineer for such improvement, are hereby approved and shall be filed with the City Clerk. 4. The City complete theses improvements as part of the Joint Powers project administered by the City of Burnsville. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of March 2005. Mayor Attested to the day of March, 2005. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: David Urbia, City Administrator SUBJECT: Supplemental Agenda DATE: March 7, 2005 It is requested that the March 7, 2005 agenda be amended as follows: AWARD OF CONTRACT 9 (a) Adopt Resolution - Ash Street Project - Engineering Nine bids were received for the Ash Street Project. Friedges Contracting Company submitted the low base bid in the amount of$2,3l2,6l6.58. UNFINISHED BUSINESS Add lla) Council Discussion of Sidewalk Placement on Ash Street David Urbia City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Ash Street Reconstruction and Utility Improvements Project - Contract Award DATE: March 7, 2005 INTRODUCTIONIDISCUSSION The City Council authorized advertisement for bids for the Ash Street Reconstruction and Utility Improvements Project at the February 7, 2005 City Council meeting. Bids were taken on Friday, March 4th, 2005. Nine bids were received as shown on the attached bid summary. BUDGET IMPACT The low base bid was submitted by Friedges Contracting Company, LLC in the amount of $2,312,616.58. The engineer's estimate for the project was $2,700,000. The project will be funded as outlined in previous communications. ACTION REQUESTED Adopt the attached resolution accepting the Base Bid of Friedges Contracting Company, LLC and Alternate 1 resulting in a Total Adjusted Base Bid of $2,299,757.83 and awarding the project. The County has received and reviewed the bid tabulation and has indicated concurrence with the selected bid amount. Respectfully submitted, ~711~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Mark Krebsbach, Dakota County Highway Department RESOLUTION NO. R -05 AWARD BIDS FOR PROJECT NO. 93-1 ASH STREET RECONSTRUCTION AND UTILITY IMPROVEMENTS PROJECT 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 7th day of March, 2005 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the Ash Street Reconstruction and Utility Improvements Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Low #2 #3 #4 #5 #6 #7 #8 #9 Contractor Friedges Contracting Company, LLC S. M. Hentges & Sons, Inc. Arcon Construction Co., Inc. Barbarossa and Sons, Inc. S. R. Weidema, Inc. Three Rivers Construction, Inc. Richard Knutson, Inc. Park Construction Co. Northdale Construction Company, Inc. ; and, Base Bid Amount $2,312,616.58 $2,351,845.05 $2,595,812.62 $2,633,433.77 $2,754,006.31 $2,760,435.95 $2,903,511.85 $2,912,773.10 $2,938,136.60 Alternate No.1 -$12,858.75 -$13,562.50 -$10,625.00 -$ 3,750.00 $5,625.00 $2,315.00 -$ 4,875.00 -$15,263.75 -$16,827.50 WHEREAS, it appears the firm of Friedges Contracting Company, LLC IS the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The base bid of Friedges Contracting Company, LLC together with Alternate 1, resulting in a Total Base Bid of $2,299,757.83, is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of March 2005. Attested to the SEAL day of March, 2005. Mayor City Administrator 2335 West Highway 36 · 5t Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 fj fl. Bonestroo II Rosene "1\11 Anderfil< & "\J .. Associates Engineers & Architects wwwbonestroo com March 7, 2005 Hon~rable Mayor and City Council City of Farmington 325 Oak St. Farmington, MN 55024-1374 Re: Ash Street Reconstruction & Utility Improvements Project File No. 141-03-205 Bid Results Bids were opened for the Project stated above on Friday, March 4, 2005, at 10:00 A.M. Transmitted herewith,are 10 copies of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of nine (9) Bids. The following summarizes the results of the Bids received: Low #2 #3 #4 #5 #6 #7 #8 #9 COlt t,.actol' Friedges COl1tIacting Company, LLC S. M. Hentges & Sons, Inc. Arcon Construction Co. Inc. Barbarossa and Sons, Inc. S. R. Weidema, Inc. Three Rivers Construction, Inc. Richard Knutson, Inc. Park Construction Co. Northdale Construction Company, Inc. Base Bid Amollllt $2,312,616.58 $2,351,845.05 $2,595,812.62 $2,633,434.77 $2,754,006.31 $2,760,435..95 $2,903,511.85 $2,912,773.10 $2,938,136.60 Altemale No.1 -$12,858.75 -$13,562.50 -$10,625.00 -$3,750.00 $5,625.00 $2,315.00 -$4,875.00 -$15,263.75 -$16,827.50 The low Bidder on the Project was Friedges Contracting Company, LLC with a Base Bid of $2,312,616.58. This compares to the Engineer's Estimate of $2,700,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Friedges Contracting Company, LLC should be awarded the Project. An alternate was included on the Bid Form. Should the City accept the alternate, the Adjusted Total Base Bid from Friedges Contracting Company, LLC is $2,299,757.83. Otherwise, the Adjusted Total Base Bid is $2,312,616.58. Should you have any questions, please feel free to contact me at (651) 604-4756. 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CD ..... ~ m IS -c:i U .2:"" 2 m..... iii CD~ ... gJ cu~Ill~Si~c .2 8.s€ZCOOlrg~ I- CD :>;o:::!E;b~..J'i'ii-c ci ~ i~ l'i~~aid: IS~ € Ell) &C;;-C;;-~CDm cP o 0:; olele~50:5!Oc Zo...o::__o. m in iDf,1>.iD~i:i en cu.ID='-Go e ~ -cFag :g a. 4) 4) .9! < ~ UJ 3: " (jj :5!g ~ m-o 4) <C E III as "'0 Z C .. 4) .9 "'0 U ~ ~ c o o en X I- m Il) o N ('t) o ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us / CI:;,- TO: Mayor, Councilmembers and City Administrato~""""-- FROM: Randy Distad, Parks and Recreation Director SUBJECT: Veteran's Memorial DATE: March 7, 2005 INTRODUCTION The Farmington VFW and Legion Clubs are interested in designing and constructing a Veteran's Memorial in a City park. DISCUSSION The City Administrator and Parks and Recreation Director attended a meeting on February 23, 2005 with the Farmington Legion and VFW Clubs (the Clubs) to discuss a Veteran's Memorial being designed and constructed in a City park. It was agreed that before any more work is put into such a memorial that the City Council should be approached to see what level of interest and commitment there is from the City to have a Veteran's Memorial in a City park. David Schreier and Bev Ersfeld, representatives from the Clubs, will be in attendance at the March 7, 2005 City Council meeting and will be formally requesting the City's involvement with and commitment to this project. BUDGET IMPACT It appears that the Farmington Legion and VFW Clubs are interested in raising money to cover the costs associated with the design and construction ofa Veteran's Memorial in a City park. Details regarding who will cover the cost to design, construct and maintain such a memorial and where it will be located, will need to be sorted out through the development of a written agreement between the Clubs and the City. ACTION REQUESTED If the City Council is interested in working with the Clubs in the creation ofa Veteran's Memorial, a motion would be needed to approve the City's commitment to this project. 1t:P;1J;Ef Randy Distad, Parks and Recreation Director cc: Farmington VFW Farmington Legion A Proposal for a War Memorial - Soldiers Monument "'D 11 fH ." d .....0... 0 onor an Veterans Memorial Park It is the desire of Farmington:s Veterans of Foreign Wars Post No. 7762, its Auxiliary, Farmington;s Amencan Legion Post No. 189, and the Farmington Area .H.istorical Society, to establish a war memorial befitting Farmington's youth who served and died for their county in our nation;s wars. It is also their desire that a modem iiRole of Honor;; be re-established. The uRole of Honor,ll a list of names of the young men who served and fought in the First World War, was displayed at the Village Hall tor many years. It has since disappeared. The modem lIRoti of Honorll will include all the names of Farmington's servicemen and women. As Farmington continues to develop, it is desired that a Veterans Memorial Park be so named in recognition of the duty and service of past, present, and future veterans of the armed forces. . The idea of a war memorial is not a new one. Farmington's Civil War Veterans of Canby Post No. 47, the Grand Army of the Republic, worked to establish a war memorial in 1898 for the community's war dead at Corinthian Cemetery, and a County Soidiers Monument at Farmington in 1899 to honor the 86 Dakota County Civil War dead. Both attempts failed. In 1921, the American Legion petitioned their Congressman, CharlesR.lJavis, requesting that a captured German cannon be given to the Village of Farmington "to be used as a part of a soldiers memoriaLll Congressman Davis introduced a hill (B.l<... 105Y) iiauthorizing the Secretary of War to donate to the village of Farmington, State of Minnesota, one German cannon or fieldpiece; to the Committee on Military Affairs.l1 Since so many other communities throughout Minnesota and the United States also requested captured German artillery fieldpieces, Farmington did not receive the requested piece. In April 1922, the American Legion and its Auxiliary continued their endeavor to establish a war memorial. As a part of an Arbor Day program, it was decided that 500 black wainut trees would be planted as "a memorial to the solider dead. Ii 'the trees would l1carry a strong patriotic message down through the years." The idea of a tree-lined memorial boulevard came from the poem "Trees" by Joyce Kilmer of the 42nd Rainbow Di.vision, 165th i.nfantry (the old 69th New York Irish), who was killed in 1918 during the Second Battle of the Maroe in France. The 500 trees, part of the 20,000 young black walnut trees from Minnesota's forestry department, never arrived and were never planted. . There is no memorial for Farmington's war dead and there is no record of veterans of the Second World War. Korean War. ;r Vietnam War making an earnest attemot in vears I" '-'" .1. .I f)a~t to e~tab]ish anv other further war memorial. J. I The memorial unrealized by past generations of veterans of the Village of Farmington will be achieved through the present generation of veterans of the City of Farmington. The proposed War Memorial- Soldiers Monument, iiRoll of Honor,n and Veterans Memorial Park will be realized by the work of veterans, private citizens, community organizations, and school children. 'the location of the proposed War Memorial and its design has not been determined. The list of names of Farmington's servicemen and women for the proposed "Roll of Honor" is being re,searched and compiled. Its design has not been determined. The location and design of the proposed Veterans Memorial Park has not been determined. As our Second World War veterans are slowly passing from our presence, like the First World War, Spanish American War, and Civil War veterans did before them, it is important that this park become a reality, a living memorial to all of Farmington's veterans and their service to their country. We invite the City, its staff, elected officials, and commissions and their members' to learn more of this effort and offer their support by participating in it. Dated: March 2, 2005 Submitted by: David Schreier - a member of the Farmington Area Historical Society - at the request of the membership of the Veterans of Foreign Wars Post No. 7762, ill Ud~ A~ and Amerip:o~o~ Attached are four Art Deco designs. The designs have been altered as noted. They are not necessarily the designs that will be considered at a future date. They have been included only to give you an idea of what memorials from that era looked like. This is !he type of memorial Farmington would have had in the 1920s and ~ 930s. The long-awaited-for World War Two Memorial at Washington D.C. is modeled after the Art Deco style. en d bO . .-t en CU o ~ ~ . .-t ~ o e CU ::E $-4 ~ o u CU o ~ < '-:]1] ~ #-,~, -"""~j",' ([, ,~.' ~l", ~ ~ '<< " o '" ... Q) .... ..... '" t: ~ll-o -0..... c:: Q) H J;l .... Q) c:: E...c:: '" 5~:::E >E:...... >.. 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" . ,?, ~,'F.7"""'" 0.,U c- 2~C~,' ':_~ ,-~~_~.-2I~i~~\~~~~3/.~_, ~ ~ ~;;- ~, , ~. , ~,." ..' ,- _....-:.:~:'".,::<" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /06 FROM: Mayor, Councilmembers and City Administrator ~ Randy Distad, Parks and Recreation Director TO: RE: Park Master Plan Approval DATE: March 7, 2005 INTRODUCTION A public input process of developing master plans for Middle Creek, Vermillion Grove, Silver Springs and Hill Dee Parks (the Parks) shown in Exhibit A was undertaken in November 2004. DISCUSSION Paul Paige from Hoisington Koegler Group, Inc. (the Consultant) worked with City staff and residents of the community in developing park master plans for the Parks. The process included both staff members and resident's input being solicited through a series of three public meetings. The first public meeting occurred on November 18, 2004. 246 households who lived within 350 feet from each ofthe four parks were mailed an invitation to attend the meeting to provide initial input on the development of the park master plans. Along with the invitation to attend this first public open house, residents who were unable to attend were asked to complete and return a questionnaire to City staff that solicited input about what park features they would like to see in each of the parks. In addition to the questionnaire being mailed with the invitation, residents were also informed that they could access the City's web site for the questionnaire and provide input electronically. A press release also ran in the Farmington Independent informing the general public about the public open house to master plan the Parks. 17 residents signed in at the open house and provided input. 10 residents chose to return the questionnaire that provided additional input. From this input, a first draft of the park master plans was produced. A second mailing that included the first draft of the park master plans, an invitation to attend the second public open house on January 13, 2005 and a questionnaire went out to the same 246 households. In addition, the first draft of the park master plans and questionnaire were posted to the City's web site for the general public and residents who lived around the park to review and provide comments on. 20 people signed in at the second public open house and staff received four more questionnaires either from the mail or electronically. It appeared at that time that Middle Creek and Vermillion Grove Parks received the most comments. A second draft was then prepared and notification was given to the same 246 households as the first two mailings about the presentation of the park master plans being given to the Park and Recreation Advisory Commission at their February 16, 2005 meeting. After seeing the second draft of the park master plans, several residents who lived adjacent to Middle Creek Park informed staff via email that they did not like the trail alignment on the east side of a wetland and behind their property for a proposed trail from Middle Creek Park north to Eaves Way. This trail alignment was to provide a connection to Pine Knoll Park, which would meet one of the guiding vision statements in the approved Trail Master Plan of connecting parks to parks. City staff and the Consultant then drove out and viewed the trail alignment north from Middle Creek Park to see if there were any other alternative alignments for a trail. After viewing the wetland from three different locations, it appeared that a trail could be located on the west side of the wetland and still provide a connection to Eaves Way. It was determined that the opportunity still existed to do this since this site had not yet been developed. The Consultant prepared three trail alignment options for PRAC members to consider at their February 16, 2005 meeting. At the February 16th meeting, the PRAC received verbal comments from residents desiring that the trail shown from Middle Creek north to Eaves Way not be constructed on the east side ofthe wetland. The PRAC also received verbal comments from residents regarding the type of playground equipment and trail alignment in Vermillion Grove Park. The PRAC studied the three options given for the trail connection from Middle Creek Park to Eaves Way and determined that a trail alignment on the west side of the wetland with an additional connection being made to Eastview Avenue was the most acceptable option (Exhibit B). The PRAC felt that the comments concerning the playground equipment and trail alignment in Vermillion Grove Park could be addressed during the construction of the park. The residents who proposed the trail on the east side of the wetland also provided a petition (Exhibit E) to staff opposing this trail alignment. The PRAC at its February 16th meeting approved the four park master plans and is forwarding a recommendation to the City Council to approve them as well. The Consultant will be attending the March ih City Council meeting to make a presentation on the four park master plans. BUDGET IMPACT Attached in Exhibit C are spreadsheets of park improvement cost estimates for each park that has been master planned. These estimates reflect the costs to complete the improvement in each park that were identified and developed during the public input process. Also attached is the Five Year Capital Improvement Plan (CIP) for all City parks (Exhibit D). As you can see, the estimated costs that have been developed through the park master planning process have exceeded the estimated costs that were shown in the five-year CIP. Staff and the PRAC will work together to prioritize the improvements and stay within the budget identified in the five- year CIP. ACTION REQUESTED By motion approve the Middle Creek, Vermillion Grove, Silver Springs and Hill Dee Park Master Plans as shown in Exhibit A. ~41J~ l~d~~Distad, Parks and Recreation Director r)Ll~I\J\+ A H ILL _____1-________ ~ <: ~ <( 9 .... () ;::, lJJ DEE PARK LOWER 182ND ST W new sidewalk Q C3 Il: CO a ~ I- a 1t UPPER 182ndSTW -----~-----~----- -----~ Existing features: - Paved trail from Pilot Knob Rd . Ball field with backstop . Picnic benches and grill . Small basketball court and net . Sand valleyball court - Play equipment (swings, structure for 6.12yr olds) - Park sign . Waste receptacles Suggested future additional features: o Paved trail to picnic area o Play area for 2.5yr olds with bench o Sidewalk at Upper & Lower 182rd & Euclid Ave o Picnic shelter with water and light o Picnic benches(2) and grills (2) o Full basketball court o Eliminate sand volleyball court o Seasonal ice skating o Enclosure for portable restroom o Traillights o Tree plantings o flower garden KEY parle boundary existing paved trail proposed park trail proposed sidewalk existing trees new trees bench waste receptacle picnic shelter, table, grill light - - - ~ I:,~"..~ ~ - . olSZ\ ~ . FUTURE POSSIBiliTIES Hill Dee Park - Draft Master Plan Farmington, Minnesota MARCH 2, 2005 2.9 ACRES NOTE: THIS MAP 1$ CONCEPTUAL ONLY />.NO REPRESENTS 0Hl Y APPROXIMATE Q LOCATIONS OF PROf>Efl.T1ES ot.ND FACILITIES I . I o 50ft 100 ft NOR T H f~~'\\or+ A SILVER SPRINGS 189NDSTW arksi flower arden street trees bench swjn s icnic table re waste rece tacle shelter or trellis w/picnic table paved traIl to Akin Rd tumbJ/n hIlI exIstIn trees trail connectIon to exIstIng 190th St W trail I o I 50ft Existing features: . none Suggested Future additionalfeatures: o Paved trail from 189th Ave to Akin Road o Swings o Play equipment for 2.5 year olds o Shelter with picnic table o Metal picket fence along English Avenue o Street trees along English A venue o Shade trees o Benches o Waste receptacle o "Play"boulders o Rainwater garden with interpretive sign o Park entry signs o Shrub hedges 2ft high example shelter .~.. example of play equipment for 3.5 year olds FUTURE POSSIBiliTIES Silver Springs Park - Draft Master Plan Farmington, Minnesota JANUARY 26, 2005 PARK KEY park boundary _ existing paved trail _ proposed park trail a,. existing trees . future trees @ picnic shelter o picnic table bench . waste receptacle ---0- fence * park signage ~ ~ g I TraIl connection to existIng 190th St W trail and PIlot Knob Trail example metal pIcket fence example raIngarden iif;it>';L. . ~~~~ . ~-. ., ~ .....~ ,:.. example flower garden 0.7 ACRES NOTE: TH1SM.o.P IS CONCEPru.o.L ONl.Y....ND REPRESENTS ONt.YAPPROXIhoIATE ~ LOCATIONS OF PROPERTIES,&.NO FACILITIES. NORTH VERMilliON PARKLAND CONTEXT PLAN KEY park boundary natural plantings D mown turf I ~ >/:;,1 wetland _ existing paved trail - proposed park trail ...... proposed foot path - bench '* park signage ~ future trees FUTURE POSSIBiliTIES Vermillion Grove - Draft Master Plan Farmington, Minnesota MARCH 2, 2005 GROVE PARK b)Ck~lb~'+ A <:::' ~/>'>/~"''::~-'',./ >;;< ,/ . / / 'stlr, ,/ ~/ /tfa'iJ/ /- / , / // / i~:j;;</;:;~;::~<,<;:~:~ :/::, >' / / ~ /'j / // ,/'./// ;/// , , '::~~~::~;~:;~;~:~;;/;::~;; ,,0.:j/ //;/ / /// ;/:;:; ~/', ,,/:%/~:::0//;/<,/: /:"~ z, />////'/"/../~ / //.->- jJ-/ ///./ //// ~/,/// :/..<//' f .;tut/,J~eplay> /// . j /// / /:/: /tfqulpment'(2;SyfV:/, / , /. . / /.fut~':e bench: ;:// e -,.' , ,~~'-,' ,,' ',/,/<~~:;:/ '/ / . / . / /. /, " / /, <>"/;/>> //,,'~/; .>~<>;: //,/~ :W~l4~[)/// ',//. /./ /. /// .~ ~/fl.ltl}l'etJ;1rf ///, /: foottra~1/ //; ;.~ ' //penplpgj/, , /,parcef/ ' / / / acquls(tion/i oreasenjent/ (:"~;~l 'i/ ENLARGED PARKLAND PENINSULA PLAN I o I 150ft ExistinQ features: _ Paved trail from English Ave to Akin Rd SUQQested future additinal features: o Paved trail to boardwalk o Boardwalk o Foot trail to overlooks o Foot trail around base of peninsula o Natural plantings o Interpretive signs o Nontraditional play equipment o Benches o Picnic table & small shelter o Street trees at park edges o Park entry signs o Interpretive signs o Tree plantings 37.0 ACRES 115 ACRES UPLAND NOTE: nus MAP IS CONCEPTUAL ONLY AND REPRESEJIlTS ONLY APPRO.J(IMA.TE ~ tOCA TION$ OF PROPERTIES ANO FA.ClLmES. 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'!!! e .ia :::: 0 .. 10 10 '" ~ .;: .!l: .e .g CO L- Cl. Cl. +I C 0 I I . In I In ~ Q) - In L- C 0 10 C a. .- a. ~ ::E Q) ... I.LJ Q) C c::: L- 0 U +I 01)", ::J Q) C8 - ._N I- "'0 EN ::J "'0 L-[5 i lOa: I.L. I.L.~ 0'\~ b~'f B MIDDLE CREEK trail links PARK 154 If boardwalk, 2197 If trail FUTURE POSSIBILITIES Middle Creek Park- Trail Link Farmington, Minnesota MARCH 2, 2005 NOTE: THIS MAF' IS CONCEP'Tl.W. ONLY AND REPRESENTS ONLY APPROXIMATE Q LOCATIONS OF PROPERTIES ANtI fACILITIES I I NORTH o 200ft PREFERED TRAIL LINK TO MIDDLE CREEK PARK City of Farmington, Minnesota Prepared By: Hoisington Koegler Group Inc. Ex: 11-1 b -j + C PRELIMINARY Concept Cost Estimate Description Unit Unit Cost Quantity Totals comments A Trails 4.00 8ft Bitwninous trail (Evesway link) LF $ 22.00 1620.00 $ 35,640.00 5.00 boardwalk (Evesway link) LF $ 65.00 154.00 $ 10,010.00 6.00 residential link LF $ 22.00 579.00 $ 12,738.00 Subtotal $ 58,388.00 TOTAL 1$ 58,388.00 I CostEst2/28/2005 Page 1 HILL DEE PARK E')( \11-1 b','+ C, City of Farmington, Minnesota Prepared By: Hoisington Koegler Group Inc, PRELIMINARY Concept Cost Estimate Description Unit Unit Cost Quantity Totals Comments A Demo 1.00 Remove 1/2 court and backstop LS $ 1,200,00 1.00 $ 1,200,00 restore turf 2,00 Remove volleyball sand court and net posts LS $ 800,00 1.00 $ 800,00 Subtotal $ 2,000.00 8 Trails 1.00 8ft Bituminous trail (around play area) LF $ 22,00 330.00 $ 7,260,00 2,00 6ft concrete walk SF $ 6,00 7200,00 $ 43,200,00 potential other funding $ Subtotal $ 50,460.00 C Amenities 1.00 Pavilion EA $ 15,000,00 1.00 $ 15,000,00 2,00 2-5 yr Play equipment, safety mulch, installation LS $ 20,000,00 1.00 $ 20,000,00 2-5yr 3,00 Playequipment cone, container edger LF $ 20,00 160,00 $ 3,200,00 4,00 Full Court BB, 2 hoops LS $ 14,000,00 1.00 $ 14,000,00 5,00 Picnic Tables EA $ 1,200,00 2,00 $ 2,400,00 6,00 Benches EA $ 800,00 4,00 $ 3,200,00 7.00 Grills EA $ 400,00 2,00 $ 800,00 8,00 Waste receptacles EA $ 300,00 2,00 $ 600,00 9,00 Restroom facility enclosure EA $ 1,500,00 1.00 $ 1,500,00 10,00 Lighting EA $ 3,000,00 2,00 $ 6,000,00 11.00 Water source / drinking fountain/spigot LS $ 4,000,00 1.00 $ 4,000,00 12,00 Flower Garden SF $ 20,00 136,00 $ 2,720,00 Subtotal $ 73,420.00 D Landscaping 1.00 2.5cal trees EA $ 350,00 3,00 $ 1,050,00 2,00 Turf seeding allowance LS $ 1,000,00 1.00 $ 1,000,00 Subtotal $ 2,050.00 TOTAL 1$ 125,930,00 I CostEst3/1I2005 Page 1 SILVER SPRINGS ~x: k\ hCI+ G City of Farmington, Minnesota Prepared By: Hoisington Koegler Group Inc, PRELIMINARY Concept Cost Estimate Description Unit Unit Cost Quantity Totals Comments A Trails 1.00 8ft Bituminous trail (in park) LF $ 22.00 260,00 $ 5,720,00 2,00 8ft Bituminous trail (link) LF $ 22,00 266,00 $ 5,852,00 3,00 6ft concrete walk (at playground) SF $ 6,00 320,00 $ 1,920,00 Subtotal $ 13,492.00 B Amenities 1.00 Pavilion EA $ 15,000,00 1.00 $ 15,000,00 2,00 2-5yr Play equipment, safety mulch, installation LS $ 28,000,00 1.00 $ 28,000,00 3,00 5-12yr Play equipment, safety mulch, installation LS $ 15,000,00 1.00 $ 15,000,00 boulder play 4,00 Playequipment conc, container edger LF $ 20,00 180,00 $ 3,600,00 5,00 Metal Fence LF $ II 0,00 222,00 $ 24,420,00 6,00 Picnic Tables EA $ 1,200,00 2,00 $ 2,400,00 7,00 Benches EA $ 800,00 4,00 $ 3,200.00 8,00 waste receptacle EA $ 300,00 2,00 $ 600.00 Subtotal $ 92,220.00 C Signage 1.00 Park signage EA $ 1,200,00 1.00 $ 1,200,00 and landscaping 2,00 Interpretive signs EA $ 2,500,00 1.00 $ 2,500,00 design/construction Subtotal $ 3,700.00 D Landseaping 1.00 Shade trees, 2,5cal B&B EA $ 350,00 8,00 $ 2,800,00 2,00 Street trees, 2,5cal B&B EA $ 350,00 6,00 $ 2,100,00 potential other funding 3,00 Shrub hedge LF $ 20,00 199,00 $ 3,98000 mulch, no edging 4,00 Turf -seeding allowance LS $ 1,000,00 1.00 $ 1,000,00 restore disturbed 5,00 Rainwater garden SF $ 5,00 600,00 $ 3,000,00 600sf, plugs,seed mix 6,00 Flower/perenial garden SF $ 20,00 72.00 $ 1,440,00 72sf, plants Subtotal $ 14,320.00 TOTAL 1$ 123,732.00 I CostEst3/1/2005 Page 1 VERMILLION GROVE EK ll- t b 11- C City of Farmington, Minnesota Prepared By: Hoisington Koegler Group Inc. PRELIMINARY Concept Cost Estimate Description Unit Unit Cost Quantity Totals Comments A Trails 1.00 8ft Bituminous trail (on peninsula) LF $ 22.00 1050.00 $ 23,100.00 2.00 8ft Bituminous trail (off203rd st) LF $ 22.00 440.00 $ 9,680.00 3.00 8ft Bituminous trail reconstruct LF $ 15.00 900.00 $ 13,500.00 4.00 8ft Boardwalk - materials only LF $ 65.00 540.00 $ 35,100.00 5.00 Unpaved footpath LF $ 3.00 1350.00 $ 4,050.00 clearing/surface Subtotal $ 85,430.00 B Amenities 1.00 Pavilion EA $ 15,000.00 1.00 $ 15,000.00 2.00 2-5yr Play equipment, safety mulch, installation LS $ 20,000.00 1.00 $ 20,000.00 2-5yr non-trad boulders 3.00 5-12 yr Play equipment, safety mulch, installation LS $ 50,000.00 1.00 $ 50,000.00 5-12 non-traditional 4.00 P1ayequipment cone. container edger LF $ 20.00 360.00 $ 7,200.00 5.00 Picnic Tables EA $ 1,200.00 1.00 $ 1,200.00 6.00 Benches EA $ 800.00 9.00 $ 7,200.00 7.00 Waste receptacle EA $ 300.00 2.00 $ 600.00 Subtotal $ 101,200.00 C Signage 1.00 Main park sign EA $ 1,200.00 1.00 $ 1,200.00 and landscaping 2.00 Minor Park signage EA $ 500.00 3.00 $ 1,500.00 3.00 Interpretive signs EA $ 2,500.00 2.00 $ 5,000.00 design/construction Subtotal $ 7,700.00 D Landscaping 1.00 Trees, various sizes/ave cost EA $ 125.00 24.00 $ 3,000.00 2.00 Street trees EA $ 350.00 19.00 $ 6,650.00 potential other funding 3.00 Prairie LS $ 10,000.00 1.00 $ 10,000.00 37000SF/88000SF 4.00 Turf LS $ 3,000.00 1.00 $ 3,000.00 920sf Subtotal $ 22,650.00 TOTAL 1$ 216,980.00 I CostEst2/28/2005 Page 1 ;; x I~~ 0'1'+ G MIDDLE CREEK PARK City of Farmington, Minnesota Prepared By: Hoisington Koegler Group Inc. PRELIMINARY Concept Cost Estimate Description Unit Unit Cost Quantity Totals comments A Trails 1.00 8ft Bituminous trail LF $ 22.00 2560.00 $ 56,320.00 2.00 4ft Concrete Walk (around play area) SF $ 6.00 680.00 $ 4,080.00 3.00 Foot trail LF $ 3.00 1240.00 $ 3,720.00 clearingimaterial Subtotal $ 64,120.00 B Amenities 1.00 Pavilion EA $ 25,000.00 2.00 $ 50,000.00 2.00 2-5yr Play equipment, safety mulch, installation LS $ 20,000.00 1.00 $ 20,000.00 3.00 5-12yr Play equipment, safety mulch, installation LS $ 70,000.00 1.00 $ 70,000.00 4.00 Playequipment cone. container edger LF $ 20.00 396.00 $ 7,920.00 5.00 Backstop LS $ 3,000.00 1.00 $ 3,000.00 6.00 Picnic Tables EA $ 1,200.00 3.00 $ 3,600.00 7.00 Benches EA $ 800.00 11.00 $ 8,800.00 8.00 Grills EA $ 400.00 2.00 $ 800.00 9.00 Waste receptacles EA $ 300.00 2.00 $ 600.00 10.00 Light poles EA $ 3,000.00 2.00 $ 6,000.00 Subtotal $ 170,720.00 C Signage 1.00 Park signage (main) EA $ 1,200.00 1.00 $ 1,200.00 and landscaping 2.00 Park signage (minor) EA $ 500.00 1.00 $ 500.00 3.00 Interpretive signs EA $ 2,500.00 2.00 $ 5,000.00 Subtotal $ 6,700.00 D Landscaping 1.00 Trees 2.5 cal B&B EA $ 350.00 23.00 $ 8,050.00 2.00 Prairie - seeded AC $ 5,000.00 3.40 $ 17,000.00 146,349sf 3.00 Turf -seeded AC $ 3,000.00 2.75 $ 8,250.00 120,000sf Subtotal $ 33,300.00 E Parking 1.00 parkinglot bit.(20stalls) SF $ 3.00 7900 $ 23,700.00 7900sfbit 2.00 curb & gutter LF $ 9.00 530 $ 4,770.00 530lf curb Subtotal $ 28,470.00 TOTAL 1$ 303,310.00 I CostEst3/1/2005 Page 1 Q) ~ "C Q) .c:: o en - c: Q) E a. o Q) > o Q) _0 '0 "C .c:: c: >< co W C) c: .- c: c: co - a. 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S)(~'~'I+ E February 11,2005 For submission to: Farming.:on Park and Recreation Advisory Commission From: The residents of Dyers Pass, Farmington, MN Dear Commissioners, We the undersigned have reviewed the Middle Creek Park Proposal. We have determined that the planned path/boardwalk along the east side of the wetland and behind the residences on the west side of Dyers Pass will adversely affect the wetland and the homeowner's properties. This pathlboardwalk is invasive to the wetland and to the purchased privacy of the residents. We request that it be eliminated from the park proposal. Sincerely, The Dyers Pass Homeowners NAME ADDRESS PHONE SIGNATURE <..-."~<~'~-"~"" A.N'/.};':L~..r/ A~Ei-rc /6?'E/2,-S Zc.:6/7 vyC,r?S L'/6C25$Zf /2~~1,4c~- . ~~(L chuJ\t{ll'(}cQe nJi( 2C{/1'l D'I2A""~rQry\ 4u~-+'607 /~ tl((c (LiAt)( '~->,,/ tf (:,3 - ~rl L W'/ "';;" // ..(/ . I a'v"l~cf 6&fr)() l?1.JY Lf~) -S' C;s/L. O.~ I /7 7-;J {C/, -- ; (,~- D /! i ,/ _1/05/ -cJ~){I-C;*1 )clllt~ !---,'l&LPr ~ft~5_>< t;jH~ ~:JSS (~~-J Jft:,3 /24 /71o.iJ...0-1}(j::XUOJ JjA I ~ i..cS,j '/icC~'IIJ _,~dP3 '3 fA /. S5 L(u{J,29uJ )L..{ .... ,t. ",,-.\ '1 L IA () {C, L (\ .A hi!,"" [QuA I(~\ ., if\) mlr") , 1 /) '-'! ' ~' -t' c)l.- ( ~ ~Il .~$ '0570 205'12 ])\rZ V_.r Fb~5 .Jc,~.:2l /4}:..:'1 fA 63 -7G 97 CiZ>il~ C51- 463-- 4()bO , - '~ ~. \..1'" ", , 1 """...:tA. ' ., ! \ ' "-""" ) ---\.,j \ " V\./ ~, '" }~t. ... '\ ,~,' ~. l-~ ~ ... - C ) 71 \ <: f SJ..'~7.X /6/1 .~ l05( - Lf<C-3 ;~~ 'tJ51j//ft~-~~YJ> ~ )/-- /.ffr;3 -4 V3 9 ()5JO :;"O~'ll ])ri p C1~ 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: David Urbia City Administrator SUBJECT: Supplemental Agenda DATE: March 7,2005 It is requested the March 7, 2005 agenda be amended as follows: PETITIONS, REQUESTS AND COMMUNICATIONS Add tOe) Adopt Ordinance and Resolution - Zoning Map and Comprehensive Plan Amendment - Farmington Business Park - Community Development Approve zoning map and comprehensive plan amendments for the Farmington Business Park. Add t Od) Adopt Resolution - Farmington Business Park Preliminary and Final Plat - Community Development Approve the preliminary and :final plat for the Farmington Business Park. David Urbia City Administrator /O<!- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: \ /f''-' Mayor, Council Members, ~...., ~ City Administrator {!/ v I" FROM: Lee Smick, AICP City Planner SUBJECT: Zoning Map and Comprehensive Plan Amendment - Farmington Business Park DATE: March 7, 2005 INTRODUCTION Colin Garvey is proposing to rezone the area adjacent to Canton Court from A-I (Agriculture District) to a commercial PUD (Planned Unit Development). Mr. Garvey is also proposing to designate the property as "business" on the Comprehensive Plan Land Use Map. A location map is attached as Exhibit "A". DISCUSSION Zoning According to the City Code, properties are automatically zoned A-I (Agriculture) upon annexation into the City. The applicant is proposing to rezone the property from A-I to PUD (Planned Unit Development). The PUD would be similar to the B-3 (Heavy Business) zoning district with minor modifications: . Permitted Uses to be Added: Restaurants, Class II . Minimum Lot Size would Changefrom 5,000 Square Feet to 1 Acre . The minimum setback requirement would change from 0 feet to 20 feet . The maximum lot coverage would change from 35% to 45% for mini-storage facilities only. This type of zoning appears to be appropriate for the subject properties given the proximity of existing businesses located along Canton Court, Highway 50, and Highway 3. A copy of the proposed standards for the PUD is attached to this memo as Exhibit "B". Comprehensive Plan There is currently no provision in the City Code or Comprehensive Plan that establishes a default land use designation upon annexation. Therefore, once the property is officially part of the City, the subject properties will have no designation until the proposed amendment is approved. Mr. Garvey has requested that the property be designated "business". This is an appropriate designation for the property and is consistent with the proposed PUD zoning classification previously discussed. Design. Standards The applicant has expressed a willingness to incorporate design standards into the PUD that is proposed for the subject properties. The Planning Commission discussed possible design standards at its meeting on December 14, 2004 and January 11, 2005. The Design Standards (see attached) were approved by the Planning Commission on January 11, 2005 after minor revisions were accepted by Mr. Garvey. The following design standards were discussed at this meeting: 1. Exterior walls facing TH 50 on Block 1, Lot 1 are required to be constructed with brick, stone, or other materials listed in the design standards. 2. Exterior walls other than those facing TH 50 on Block 1 Lot 1 shall be constructed 50% brick, stone, or other compatible materials and the other 50% may be metal or similar material. 3. Mini-storage facilities shall be allowed 75% maximum lot coverage. 4. The setbacks for buildings shall be 20 feet in the front yard and 10 feet on the side and rear yards. 5. Businesses that abut Trunk Highway 50 shall not construct loading docks that front this roadway. ACTION REQUESTED Consider the requested Zoning Map Amendment (A-l to PUD) and Comprehensive Plan amendment (non-designated to Business) for the properties depicted on the attached location map contingent on the following: 1. A PUD agreement shall be executed between the City and the Developer that contains the provisions described above including the Farmington Business Park Design Standards. Respectfully submitted, ,,/ r ~} (p!e?(Jl~ Lee Smick, AICP City Planner cc: Colin Garvey CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Rezoning the Farmington Business Park property from A-I to PUD. THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: WHEREAS, the City Council approved a petition to rezone the Farmington Business Park property legally described in Exhibit A on the 7th day of March, 2005 from A-I and PUD; and WHEREAS, the Planning Commission, at a public hearing .held on December 14, 2004, recommended approval of the rezoning. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the City Zoning Ordinance rezoning the Farmington Business Park property from A-I to PUD. Enacted and ordained on the _ day of March, 2005. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of , 2005. CITY ATTORNEY Published in the Farmington Independent the _ day of ,2005. Exhibit A (Legal Description) RESOLUTION NO. AMENDING THE 2020 COMPREHENSIVE PLAN FOR THE FARMINGTON BUSINESS PARK PROPERTY LOCATED SOUTH TRUNK IDGHWAY50 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 7th day of March, 2005 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, a Comprehensive Land Use amendment for the Farmington Business Park property located south of Trunk Highway 50 within the City of Farmington from No Designation to Commercial; and WHEREAS; the Planning Commission held a public hearing on the 14th day of December, 2004 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners, and WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendment for the Farmington Business Park property located south of Trunk Highway 50 within the City of Farmington from No Designation to Commercial; NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the 2020 Comprehensive Plan for the Farmington Business Park property located south of Trunk Highway 50 within the City of Farmington from No Designation to Commercial contingent upon the following: 1. Subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of March 2005. Mayor Attested to the _ day of March, 2005. City Administrator Exhibit "A" Location Map u'-EE ~'II'" I I I I I I ~~ --l III I ~- ~ ~I/ ] ~ == ] ~ -:= S ~ ~ f0o- t] f-- '--- n .... . l:iin .., . D - ~ ~ - I ~ 1 t~ - O~ ~'" --' - .. - I _ L-- I - I--- I I II 225th Street N A 300 0 300 600 Feet , ' PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated , 2005, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (referred to herein as "City"), and ,a (referred to herein as "Developer"). RECITALS A. Developer owns property situated in the County of Dakota, State of Minnesota, and legally described on the attached Exhibit "A" (referred to herein as "Subject Property"). B. Developer has asked the City to approve a planned unit development for the Subject Property (also referred to in this Agreement as the "PUD"). C. Developer desires to have the Subject Property rezoned from A-I (Agriculture) to B-3 (Heavy Business) Planned Unit Development. D. Developer has applied for a preliminary and final plat of the Subject Property. NOW, THEREFORE, the parties agree as follows: 98382 1 1. Conditions of Approval. The City hereby approves a rezoning ofthe Subject Property to B-3 PUD subject to the conditions set forth in this Agreement, on condition that Developer enters into this Agreement, as well as the related Development Agreement dated , detailing a development plan for the Subject Property including the construction and installation of public improvements to serve the Subject Property. 3. Effect of Planned Unit Development Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout, or dedications ofthe development unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, notwithstanding anything in this document to the contrary, subject to non- conforming use rights the City may require compliance with any amendments to the City's Comprehensive Plan, Zoning Ordinance, official controls, platting or dedication requirements enacted after the date ofthis document. 4. Plans. The City grants approval to the development of the PUD in accordance with the following plans which are on file at Farmington City Hall. The plans are not attached hereto. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Preliminary and Final Plat Grading and Drainage Plan Topographic Survey Utility Plan 98382 2 5. Zoning. Except as otherwise modified by this Agreement, the land use, design and other requirements and standards ofthe B-3 zoning district shall apply to the Subject Property with the following exceptions: . Permitted Uses to be Added: Restaurants, Class II . Minimum Lot Size would Change from 5,000 Square Feet to 1 Acre . The minimum setback requirement would change from 0 feet to 20 feet . The maximum lot coverage would change from 35% to 45% for mini-storage facilities only 6. Compliance with Permit and Licenses. It is the responsibility ofthe Developer to obtain and comply with all necessary approvals, permits, and licenses from the City of Farmington, Dakota County, the Town of Castle Rock, Minnesota Pollution Control Agency, Minnesota Department of Health, and any other regulatory agency affected by or having jurisdiction over the site. All costs incurred to obtain said approvals, permits, and licenses shall be the responsibility of the Developer. 7. Compliance with Laws and Regulations. Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to the Farmington City Code, planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations in effect during the course of this development or Agreement, and agrees to comply with such laws and regulations. 8. Enforcement. Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. Developer 98382 3 shall pay in full all bills submitted to it by the City within sixty (60) days after receipt. Bills not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. 9. Miscellaneous. A. Breach of any material term of this Agreement by Developer shall be grounds for denial of building permits. B. If any material portion, section, subsection, sentence, clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by Developer, their agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval ofthe final planned unit development shall thereby be revoked. C. The action or inaction of any party shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution ofthe City Council. The City's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. D. This Agreement shall run with the land and shall be recorded in the Dakota County Recorder's office. E. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. F. Third parties shall have no recourse against the City under this Agreement. G. Except as otherwise specified herein, Developer shall pay all costs incurred by them or the City in conjunction with the development of the PUD, including but not limited to Soil and Water Conservation District Charges, legal, planning, engineering and 98382 4 inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy , express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver ofthe right to exercise at any time thereafter any other right, power or remedy. I. The "Farmington Business Park Design Standards" attached hereto as Exhibit B shall apply to all new construction that occurs on the property legally described on Exhibit A. 10. Notices. Required notices to Developer shall be in writing, and shall be either hand-delivered to Developer, its employees or agents, or mailed to Colin Garvey by registered mail at the following address: . Notices to the City shall be in writing and shall be either hand-delivered to the City Administrator, or mailed to the City by registered mail in care ofthe City Administrator at the following address: Farmington City Hall, 325 Oak Street, Farmington, Minnesota 55024. CITY OF FARMINGTON By: Kevan Soderberg, Mayor And David M. Urbia, City Administrator By: Its: 98382 5 STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20_, by Kevan Soderberg and David M. Urbia, the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20_, by , the of , a , on behalf of said Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 [JJJ] 98382 6 Exhibit A (Legal Description) Exhibit B FARMINGTON BUSINESS PARK DESIGN STANDARDS (A)Building Material And Design: 1. Exterior Walls facing Trunk Highway 50 on Block 1, Lot 1 shall consist entirely (100%) of one or more of the following materials and shall receive prior approval of the city: (a) Brick: Size, type, texture, color and placement shall be approved. (b) Stone: Stone shall have a weathered face or shall be polished, fluted or broken face. (c) Concrete Masonry Block: Concrete masonry block shall be those generally described as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate. All concrete masonry units shall be coated with a city approved coating. There shall be no exposed concrete block on the exterior of any building unless approved by the city. (d) Concrete: Concrete may be poured in place, tilt up or precast; and shall be finished in stone, textured or coated, with a minimum life expectancy often (10) years. 2. Exterior W alls (other than those referred to in Paragraph # 1 above) shall consist of at least 50% of one or more of the following materials and shall receive prior approval of the city: (a) Brick: Size, type, texture, color and placement shall be approved. (b) Stone: Stone shall have a weathered face or shall be polished, fluted or broken face. (c) Concrete Masonry Block: Concrete masonry block shall be those generally described as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate. All concrete masonry units shall be coated with a city approved coating. There shall be no exposed concrete block on the exterior of any building unless approved by the city. (d) Concrete: Concrete may be poured in place, tilt up or precast; and shall be finished in stone, textured or coated, with a minimum life expectancy often (10) years. Alternate exterior surface materials of pre-engineered metal may be substituted in an amount not to exceed 50% of an exterior wall for buildings if the following conditions apply: (a) The proposed alternate materials are architecturally compatible with the building as a whole as determined by the city planning division; and (b) The owner/developer complies with any additional screening and/or landscaping requirements of the city. 3. Alterations To Buildings: Any alterations to buildings shall meet all requirements of this chapter. 4. Canopies: Canopies with visible wall hangers shall not be permitted. Design of canopies shall be in keeping with the design of the building and shall be approved by the city prior to construction or alteration. 5. Roof Mounted Equipment: All rooftop equipment shall be set back a minimum of twenty feet (20') from the edge ofthe roof and shall be screened. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. 6. Loading Docks: The design of the loading docks shall be incorporated into the overall design theme of the building and constructed of materials equal to or the same as the principal building. The loading dock areas shall be landscaped and/or screened so that the visual and acoustic impacts oftheir function is fully contained and out of view of adjacent properties and public streets. The required width for a landscaped yard along a local collector/industrial or local street is ten feet (10'). The architectural design shall be continuous and uninterrupted by ladders, towers, fences, and equipment. Businesses that abut Trunk Highway 50 shall not construct loading docks that front this roadway. 7. Trash Containers: Trash containers or trash compactors shall not be located within twenty feet (20') of any street, sidewalk or internal pedestrianway and shall be screened by a six foot (6') masonry wall on three (3) sides ofthe trash unit. 8. Coverage: Unless otherwise approved by the city, the square footage of all building footprints and parking areas shall not exceed sixty five percent (65%) of the total square footage of any building site within the affected property. Mini-storage uses shall not exceed seventy-five percent (75%) ofthe total square footage of any building site within the affected property. (B) Utilities: All buildings and structures shall be served by underground utility distribution facilities. The installation of such utilities shall not change the grade or contour of the city approved grading plan for the site. (C)Building Setbacks: No building or other structure shall be erected within 20 feet ofthe front property line; or 10 feet of the side and rear property lines. If two (2) or more lots are developed as one site, the interior common lot line shall be ignored. (D)Parking Areas: 1. Surfacing: Prior to issuance of a certificate of occupancy, all parking areas, driveways and loading areas shall be surfaced with asphalt or concrete pavement following the city's engineering standard plates. In the event said surfacing cannot be completed due to weather or seasonal restrictions, a temporary certificate of occupancy may be issued contingent upon the extension of the security or letter of credit required under this chapter. All parking lots located in the front of buildings or adjacent to street rights of way shall be curbed. 2. Off Street Parking Spaces Required: Off street parking shall be provided to serve each site. The minimum number of parking spaces shall be the greater of: (a) One space for every six hundred (600) square feet of industrial space; and One space for every two hundred (200) square feet of office space; and One space for each two thousand (2,000) square feet of storage area or (b) One space per projected employee per shift. 3. Screening: All parking areas shall be screened as required in subsection (F) of this section. 4. Location: Parking shall not be permitted within ten feet (10') of the front property line (those facing any dedicated street), or within ten feet (10') of any side or rear property line unless otherwise approved by the city. (E)Landscaping: All open spaces shall be dustproofed, surfaced, landscaped, rockscaped or devoted to lawns. Not less than two-thirds (2/3) ofthe required building setback area from any dedicated street shall be landscaped with lawns, trees, shrubs and walkways of a design approved by the city planning division. Landscaping shall be installed within ninety (90) days of occupancy or substantial completion of building, whichever occurs first, weather permitting. The following landscape standards shall apply to all proposed projects within the overlay zones: 1. Street Trees: Street trees shall be planted at one canopy tree per forty feet (40') of street frontage. 2. Perimeter Parking Lots: One tree and three (3) shrubs per forty feet (40') of parking lot perimeter frontage. Plants are to be installed within ten feet (10') of the parking lot frontage area. 3. Interior Parking Lots: One planting island per twenty (20) parking spaces. One tree and three (3) shrubs are required within each planting island. The planting island shall be curbed with concrete. 4. Buffer Area: When the industrial district is adjacent to a residential district, a twenty five foot (25') buffer is required and shall include a six foot (6') high wooden fence and landscaping to screen the adjacent property. (F)Screening: 1. Storage Areas: Without prior approval of the city, no outside storage areas shall be allowed nor shall any articles, goods, materials, incinerators, storage tanks, refuse containers or like equipment be kept in the open or exposed to public view or view from adjacent buildings. If outside storage is given city approval, all materials and/or containers and equipment shall be screened from view. Required screening shall include: a) a six (6) to eight foot (8') high opaque wooden fence and landscaping; b) landscaping and berms; or c) a combination of both to fully screen the outdoor storage. 2. Structure: No accessory structures (including, but not limited to, water towers, storage tanks, processing equipment, cooling towers) or outside equipment shall be constructed, erected or placed on the affected property without prior approval of the city. If such approval is granted, such structures shall be screened from public view and the view of adjacent buildings in a manner approved by the city planning division. (G)Signs: All signs shall be of a design and material approved by the city planning division. Unless otherwise approved, wall signs must be attached to the building, and be parallel to and contiguous with its walls and not projecting above its roofline. No sign of a flashing or moving character shall be installed and no sign shall be painted on any building wall. Pole signs will not be allowed. Advertising billboards are not allowed within the overlay zone. (General guidelines for signage available through the city planner.) (H)Maintenance: 1. Owners and occupants of any or all of a site have the duty and responsibility, at their sole cost and expense, to keep the site, including buildings, improvements and grounds, well maintained, safe, clean and aesthetically pleasing. Such maintenance includes, but is not limited to, the following: (a) Prompt removal of all litter, trash, refuse and wastes. (b) Provide such care as required to maintain all vegetation in a healthy and aesthetically pleasing appearance. (c) Maintain exterior lighting and mechanical facilities in good working order. (d) Maintain parking areas, driveways and roads in good repair. (e) Prompt repair of any exterior damage to any buildings and improvements. lod City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator \lJPV y- FROM: Lee Smick, AICP City Planner SUBJECT: Farmington Business Park Preliminary and Final Plat DATE: March 7, 2005 INTRODUCTION Colin Garvey has submitted a plat that would create seven (7) new commercial lots. The proposed lots would be located to the west of Canton Court adjacent to a proposed road that would extend to the west from the existing Canton Court. One (1) existing commercial lot is also included on the plat and is located to the southeast of Canton Court. DISCUSSION The proposed plat is located south of Trunk Highway 50 and west of Fountain Valley Golf Course. The property is bounded by agricultural land to the south, Fountain Valley Golf Course to the east, and commercial businesses to the west and north. There are existing businesses located on the east side of Canton Court that will remain in Castle Rock Township and are not a part of this proposed plat. Annexation The Garvey property is located in an orderly annexation area established by a joint powers agreement between the City of Farmington and Castle Rock Township regarding the Ash Street improvement project. Properties in the orderly annexation area are required to petition for annexation by joint resolution. The City Council approved the joint resolution for the Garvey property on September 7, 2004. The Township approved the joint resolution on October 12, 2004. The municipal boundary was officially changed by the State Office of Boundary Adjustments to include the subject properties on November 10, 2004. Zoning and Comllrehensive Plan In conjunction with the plat application, the applicant has requested a rezoning and Comprehensive Plan Amendment. Upon annexation, the property automatically received an A-I (Agriculture) zoning designation, but was not given a Comprehensive Plan designation. The applicant is proposing a commercial PUD zoning and a 'Business' designation in the Comprehensive Plan. The zoning amendment and the Comprehensive Plan amendment must be approved prior to final plat approval. Transportation The Farmington Business Park will be adjacent to Canton Court, which is an existing street with an existing access to Highway 50. No new access points to adjacent roads are proposed. A new interior road (Canton Circle) is proposed that would extend to the west from the southern portion of Canton Court. Parks and Trails The Parks and Recreation Director has reviewed the proposed plat and has provided a memo with comments regarding parks and trails (see attached). Landscaping The Developer needs to submit a Final Landscape Plan for review and approval. The plan needs to show additional landscape plantings along Canton Court and the southerly property line on the proposed berm. Engineering The City Engineer has reviewed the plat and recommends approval of the preliminary plat. The proposed utilities to be extended across Canton Court to serve the existing lot to the east will require an easement that needs to be obtained from Castle Rock Township. No easement will be required if ownership and control of Canton Court is transferred from Castle Rock Township to the City. That possibility is currently being discussed by the Township and the City. Planning Commission Review The Planning Commission reviewed the preliminary and final plat at its meeting on December 14, 2004 and unanimously recommended approval. ACTION REQUESTED Adopt the Farmington Business Park Preliminary and Final Plat contingent upon the following: 1. Trails shall be provided as required by the Parks and Recreation Director as described in the attached memo from Randy Distad. 2. A Final Landscape Plan needs to be submitted and approved. 3. Fire Hydrants shall be installed in accordance with Minnesota State Fire Code Appendix "C." 4. The applicant shall comply with all engineering comments provided by the City Engineer. 5. A Development Contract between the Developer and the City of Farmington shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. (iR~OO' Lee Smick, AICP City Planner cc: Colin Garvey RESOLUTION NO. APPROVING THE PRELIMINARY AND FINAL PLAT FARMINGTON BUSINESS PARK 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 7th day of March, 2005 at 7 :00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking preliminary and final plat review and approval of the Farmington Business Park; and WHEREAS, the Planning Commission held a public hearing for the preliminary and final plat on the 14th day of December, 2004, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS; the City Council reviewed the preliminary and final plat on March 7,2005; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above preliminary and final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. Trails shall be provided as required by the Parks and Recreation Director as described in the attached memo from Randy Distad. 2. A Final Landscape Plan needs to be submitted and approved. 3. Fire Hydrants shall be installed in accordance with Minnesota State Fire Code Appendix "C." 4. The applicant shall comply with all engineering comments provided by the City Engineer. 5. A Development Contract between the Developer and the City of Farmington shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of March, 2005. Mayor Attested to the _ day of March, 2005. City Administrator >- 0... o () ~ ~ < a. (I) (I) I.LI Z (ij :::J m z ~ C) z :::e ~ < lL.. j s ~s .:~ I ~ ~s II "0; i~ I ~ i ..!!~ :~ E' Ai J; 1~ f8 Ii " E !! Ie I ~1 ~ I~ ~ ~~ ~ .58 ~lo. E'O ~o g,..z ",~H ~8 G ~ ~(.) 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I'H ;H]:,;. ijj~U ,11m! !11~li ~ mm, ~i:lH I ] Jmm City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Randy Distad, Parks and Recreation Director RE: Comments on Farmington Business Park Preliminary Plat DATE: March 7, 2005 INTRODUCTION The City's Existing and Proposed Park, Trails and Open Space Plan Map (plan Map) identifies trails to be constructed in the Farmington Business Park (the Development). However, no trails have been shown on the Preliminary Plat submitted. DISCUSSION Exhibit A identifies locations of trails to be constructed in the Development. The trail towards the west end of the Development will be along the east and north sides of a large storm water pond that was constructed in 2004 and shown on the preliminary plat as Outlot A. The trail on the north side of the pond will be extended further west to T.H 3. There already exists a gravel base on the north side and east side of the pond for a paved trail to be constructed on top of it so the developer would only be required to complete the paving work. The cost to construct the section of trail on the north side of the pond to T .H. 3 that is off of the Development will be covered by the City. Since no land is being required to be dedicated for a park, it is anticipated that the cash in lieu in land that will be taken will cover this construction cost. ' The Plan Map identified a trail to be constructed north and south through the Development and so the ttail along the east side of the pond will serve as the north and south trail through the Development. A gravel base has already been constructed and so the Developer will only need to complete the paving work. Since this trail was shown on the City's Trail Plan, the developer will be required to cover the cost to pave the trail. Both this trail and the trail on the north side of the pond will also serve as a maintenance road for City crews to perform maintenance work in and around the pond. Additionally, where this trail terminates on the southeast part of the pond, a future trail connection along the south side of the large pond will be constructed when a future residential development occurs on the adjacent land owned by Tollefson Development Company. The location and completion of the remaining trail loop on the west side of the pond will need to be negotiated with other land owners. There are two small trail connections through the cul-de-sacs in the Development that are also shown that will provide a connection from the industrial park to the trail system. The trail from Canton Court to the Empey property to the south will provide a connection to the trail system and a park that will be planned when the Empey property is platted. The Park and Recreation Advisory Commission reviewed the trail locations at their December 8, 2004 meeting and voted unanimously to support them and is recommending that the City Council also approve the trail locations. ACTION REQUESTED By motion approve the trail locations in the Farmington Business Park as shown in Exhibit A. ResP;:12:SU1miJ ~y Distal! Parks and Recreation Director cc: Park and Recreation Advisory Commission Members >- 0... 81 ~ 0::: <( a.. 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W W I V1 ----.J/ 7 ~+ OOl:~ :~ -'- It. ,tot.tL.OO S -.--! . \,f' 'D " .Gl,n.co N 95'6Lt N I I I I "I ~I I I I ~ ~ ~ 8 < ~ ~ tlrl9r- 3 ,lll,Il.00 S " " ~ . ~ 8 I/) >:: 0 ~ S <0 .~ ~ I ;;~ ",00 ~~ \ :; . ~ e ~ /o?a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, City Administrator ptlA.--- Robin Roland, Finance Director TO: SUBJECT: Consider Expansion of Pilot Knob Liquor Store Lease Area DATE: March 7, 2005 INTRODUCTION Schwiness LLC (Del and John Einess) 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. DISCUSSION & BUDGET IMPACT Attached with this memo is a financial analysis of the impact on liquor operations of the increased costs related to a 2,062 sq. ft. expansion in the Farmington Gateway shopping center. This includes the initial construction work to attach and finish the space to the existing store and the additional rental costs of the space. The expansion of the space will make the Pilot Knob Liquor store 6,820 square feet. The space was originally slated for a hair salon, but the owners of the salon have opted to go elsewhere in the area. The financial scenarios examine the adopted budget situation for 2005 and a scenario if the downtown store showed no increase in sales over 2004. In fact, for the first two months of 2005, the downtown store has shown flat sales (0% increase) over 2004 and the Pilot Knob Store has shown a 10% per month increase over 2004. January and February are notoriously the slowest months of the year for liquor sales. The conservative estimates show a reduced profit in the initial year of the expansion. Although the projections for 2006 and 2007 also show profit at these same levels, the analysis assumes no sales growth at all at either store. Staff does not see this as realistic, given the already increased sales at the Pilot Knob Store, but it is the ''worst case scenario". Staff believes that the increased sales at the Pilot Knob Store will continue and would necessitate the expansion of the store in 18 to 24 months at a minimum. However, if this current leased space opportunity is allowed to pass, expansion in that future time frame will likely be unavailable. Timing of this expansion now would mean construction at both liquor store locations within the next 6 months. This will be a challenge, but one which staff believes to be worth the effort for the long run. ACTION REQUIRED Authorize expansion of the Pilot Knob Liquor Store leased area to include the additional 2,062 square feet at current lease contract rates. ZliJ ( Robin Roland Finance Director ~ -~ ~ G) \5 .3 ~~ NCO CO I'- co , rnr:::'M' SS ~ ~LO COCO 0>'" LO COOCO I'-~ ~ co '" 0>0 LO~ CO 0>1'-0 ~LO '" r-:aj' NLO oc ~NO> N'" CO c ~.'" 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So ~ B 8:~ ~ ~ .5~al~~ ::!< o '<t .0 ~ o ~ r~ ~~ .5 - ffi~ Q)'<t .00 '00 :sN o ...: 0:>- .~ E ~.g ui _.91 o '" Q) '" ~S ~.s (.)- c: '" .- ::l C:O '" '" Q)M .00 '00 :sN o ...: 0:>- .~ E ~.g /:?6 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: David Urbia, City Administrator SUBJECT: Farmhigton School District Facilities Planning DATE: March 7,2005 INTRODUCTION With the approval of the referendum, the Farmington School District Facilities Project Planning begins. DISCUSSION Attached is the proposed plan to guide the school and community through this planning and design process. The school district is seeking broader community involvement, including city representation. The Executive Committee should have two city representatives, being one councilmember and the City Administrator. Other committees and focus and work groups should have representation. Staffwill keep the council informed of the progress of this process, as Council may find their involvement important on some of the committees and focus and work groups in the future. Staffwill be actively involved where appropriate. BUDGET IMPACT None. ACTION REQUESTED Recommend appointment of one councilmember and the City Administrator to the Executive Committee. Recommend authority for City Administrator to appoint as deemed necessary to appropriate committees, focus and work groups, including the land acquisition subcommittee. ~OO, David M. Urbia City Administrator Cl C .- C c eo - a.. Ul (]J .- -1-1 ~ Ul eo:.: 1-.0 Cleo CLl.. . - -1-1 C U C .C eo-l-l c:: .~ -cO C- eo 8 ~I ..c o u .U) -Dc .- 0 ~-I-I -I-ICl U .~ .~ E o 1- !- co a.. Ll.. co Q) (J)..c >- Q) ""0 ~ L.. Q) I co :J ..c:J Vl a. o ....,::J g~ U Q) g L.. -- ""0 .g '" ....""0 C :J 0 (J) Q) co ..0 ~ (j- E Q) C "'0 L. c:: C :JC:J c.E ~ 0 ""0 (J) Cl co fi a p c.c Q) Vl co u u ~1O..c Q) ~~ ~ 2 _ 0 co ...., ~a. 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City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us It! e/~sed SessJof} TO: Mayor, City Council and City Administrator FROM: Kevin Carroll, Community Development Director SUBJECT: Review of EQB Route Permit Decision DATE: March 7, 2005 INTRODUCTION The City Council needs to decide whether it wants to appeal the Route Permit that was issued to Great River Energy and Xcel Energy by the Environmental Quality Board [EQB] on February 22, 2005. DISCUSSION At the EQB meeting that was held on February 17,2005, the EQB voted to approve a route for the Great River Energy/Xcel power line that will be built between an existing substation in Empire Township and a new substation that will be built in Farmington (just north of the Northern Natural Gas facility). The route that was approved was the route that the City had formally opposed - that is, a route between Akin Road and State Highway 3 that crosses ISD 192 property, Rambling River Park, and a number of residential and commercial properties east of3rd Street. After the vote on February 17, the EQB issued the Route Permit in question on February 22, 2005 (see attached). Any "aggrieved" party has the right to appeal the issuance of a route permit (see attached e-mail dated February 18, 2005 from the City Attorney). Any such appeal must be commenced with 30 days of the publication (in the State Register) of a notice of the issuance of the permit. An EQB staff member informed me on March 4, 2005 that the notice in question is scheduled to be published on March 7, 2005. The deadline for commencing an appeal will therefore be April 6, 2005. City Attorney Joel Jamnik and I will be prepared to answer any questions that you may have on Monday night regarding the legal, tactical and financial aspects of an appeal. ACTION REQUESTED Give direction regarding whether or not the issuance of the EQB Route Permit for the Air Lake- Empire High oltage Tr ission Line should be appealed. ./' /" ed~ nt Director ~, ~ .E+q+8..1 ~, ~ ~4a.I~~ ROUTE PERMIT FOR CONSTRUCTION OF A SUBSTATION AND . A mGH VOLTAGE TRANSMISSION LINE IN DAKOTA COUNTY, MINNESOTA ISSUED TO GREAT RIVER ENERGY & XCEL ENERGY EQB DOCKET NO. 04-81-TR-AIR LAKE-EMPIRE In accordance with the requirements of Minnesota Statutes section 116C.57 and Minnesota Rules chapter 4400, this Route Permit is hereby issued to GREAT RIVER ENERGY and XCEL ~NERGY Oreat River Energy and Xcel Energy are authorized by this permit to construct a new 115 kilovolt transmission line, approximately nine miles long connecting the Air Lake and Empire Substations, and a new Vermillion River Substation in Farmington, along a route and at a site identified in this Permit and in compliance with the conditions specified in this Permit. STATE OF MINNESOTA ENVIRONMENTAL QUALITY BOARD R(21f:~~ / Chair Issued: Februarv 22. 2005 I. ROUTE PERMIT The Minnesota Environmental Quality Board hereby issues this Route Permit to Great River Energy and Xcel Energy (hereinafter the "Permittees") pursuant to Minnesota Statutes section 116C.57 and Minnesota Rules chapter 4400. This permit authorizes the Permittees to construct a 115 kilovolt transmission line, a new substation, and other associated facilities in Dakota County, Minnesota. II. PROJECT DESCRIPTION The new high voltage transmission line authorized to be constructed under this Permit is a 115 kilovolt line approximately nine miles long that will connect the Air Lake and Empire Substations in Dakota County. A new Vermillion River Substation will be constructed by Xcel Energy in the city of Farmington, adjacent to Eaton Road. The line from the Air Lake Substation in Lakeville to the Vermillion River Substation will be built by Xcel Energy and follow an existing 69 kV transmission line corridor, using primarily existing rights-of-way. The 69 kV portion ofthe line will be rebuilt to 115 kV specifications, but will continue to be operated at 69 kV. A new 115 kV termination will be built at the Air Lake Substation to accommodate the new line. The remainder of the new line, from the Vermillion River Substation to the Empire Substation in Empire Township, will be constructed by Great River Energy and will require approximately 5.8 miles of new right-of-way. The Empire Substation will require only minor modifications to accommodate the new line. Structures will be single shaft steel poles for the Xcel Energy portion and single shaft wooden poles for the GRE portion, except GRE will use single shaft steel poles where longer spans are necessary. The phase wires will be 795 MCM (795,000 circular mil) aluminum conductor steel supported (ACSS) with seven steel core strands and 26 outer aluminum strands. The conductor has an overall diameter of 1.1 inches. III. DESIGNATED ROUTE The route designated by the Environmental Quality Board in this Permit is described below and shown on the attached maps. Beginning on the west end at the Air Lake Substation and finishing at the east end at the Empire Substation: A. The first segment is being constructed by Xcel Energy, beginning at the intersection of County Road 50 and Cedar Avenue and continuing to the new Vermillion River Substation. The route heads east along the north side of CR 50 for approximately 2.5 miles. The existing 69 kV transmission line with distribution underbuild will be replaced with a new double circuit 115/69 kV line with distribution underbuild. East of Eaton Avenue, the double circuit line will run north for approximately Y4 mile to the south property line of the new Vermillion River Substation. While the existing 69 kV line then turns and continues to the east along its existing alignment, the 115 kV line will extend approximately 300 feet north into the new substation. 2 B. The new Vermillion River Substation will be located on 11.4 acres at a site east of Eaton Avenue and V4 mile north ofCR 50. The site is in an Industrial Park in the city of Farmington, Minnesota. The fenced area will be 550 feet by 200 feet, using approximately 2.5 acres of the site. The substation will be laid out to accommodate the installation of future feeders and transformers should significant load growth occur in the area. Xce1 Energy will own and operate all the high voltage facilities, the control house, and all common facilities (land, fencing, etc.) Dakota Electric Association will own and operate its own distribution facilities in the western V4 portion of the substation. C. From the Vermillion River Substation eastward, the line will be constructed, owned and operated by Great River Energy. From the Vermillion River Substation, the existing 69 kV line will be rebuilt to a 69/115 kV double circuit line along the existing Xce1 Energy route directly east, approximately 1/3 mile to Akin Road. At this point, the line will follow a specific route within the parameters ofthe "Adaptation Alternative" (Environmental Assessment, Section 6.1.2, and Figures 14 and 15). The line turns south just east of Akin Road, paralleling an existing Xcel Energy 69 kV double-circuit line for approximately 400 feet. It then turns east and proceeds between the baseball diamonds and the softball fields, continuing on the south end of the school district property. The line shall then progress directly east to Rambling River Park, through the Park crossing the Vermillion River, then due east after exiting the Park, and continue directly along the south side of Pine Street until it angles northeast along the lumberyard to Hwy 3. D. From Hwy 3, the route follows the "City of Farmington" alternative (EA, Section 4.1.3, and Figure 7), whereby the route continues along the abandoned railway corridor, which is also the planned extension of210th Street (called the Willow Extension). This segment runs northeasterly for about Y2 mile to 210th Street and Cambodia Avenue. From Cambodia the line runs along 210th Street to the intersection with Ahern Road. E. From Ahern Road to the Empire Substation, the route then continues, as originally proposed by GRE, along 21 Oth Street. This segment follows through to the end point at the Empire Substation. IV. PERMIT CONDITIONS The Permittees shall comply with the following conditions during construction of the transmission lines and substation and during the life of this Permit. A. Plan and Profile. At least 14 days before right-of-way preparation begins, the Permittees shall provide the EQB with a plan and profile ofthe right-of- way and the specifications and drawings for right-of-way preparation, construction, cleanup, and restoration for the transmission line. The Permittees may not commence construction until the 14 days has expired or until the EQB has advised the Permittees that it has completed its review of 3 the documents and determined that the planned construction is consistent with this permit. If the Permittees intend to make any significant changes in its plan and profile or the specifications and drawings after submission to the EQB, the Permittees shall notify the EQB at least five days before implementing the changes. No changes shall be made that would be in violation of any of the terms of this permit. B. Construction Practices. 1. Application. The Permittees shall follow those specific construction practices and material specifications described in the Route Permit Application for the Air Lake-Empire 115 kV Transmission Line submitted by Great River Energy & Xcel Energy dated April 30, 2004, unless this Permit establishes a different requirement, in which case this Permit shall prevail. 2. Field Representative. At least ten days prior to commencing construction, the Permittees shall advise the EQB in writing of the person or persons designated to be the field representative for the Permittees with the responsibility to oversee compliance with the conditions of this Permit during construction. This person's address, phone number, and emergency phone number shall be provided to the EQB, who may make the information available to local residents and public officials and other interested persons. The Permittees may change the field representative at any time upon written notice to the EQB. 3. Cleanup. All waste and scrap that is the product of construction shall be removed from the area and properly disposed of upon completion of each task. Personal litter, bottles, and paper deposition by construction workers shall be removed on a daily basis. 4. Vegetation Removal. The Permittee shall minimize the number of trees to be removed in selecting the right-of-way. As part of construction, low growing brush or tree species are allowable at the outer limits of the easement area. Taller tree species that endanger the safe and reliable operation ofthe transmission facility need to be removed. To the extent practical, low growing vegetation that will not pose a threat to the transmission facility or impede construction should remain in the easement area. 5. Erosion Control. The Permittee shall implement reasonable measures to minimize runoff during construction and shall plant or seed areas where structures are installed. C. Completion of Construction 1. Notification. At least three days before the line is to be placed into service, the Permittees shall notify the EQB ofthe date on which the line will be charged and the date on which construction was complete. 2. As-Builts. Upon request of the EQB, the Permittees shall submit copies of all the final as-built plans and specifications developed during the project. 4 3. GPS Data. Within sixty days of completion of construction, the Permittees shall submit to the EQB, in the format requested by the EQB, geo-: spatial information (GIS compatible maps, GPS coordinates, etc.) for all above ground structures associated with the transmission lines and each substation connected. D. Electrical Performance Standards. 1. Grounding. The Permittees shall design, construct, and operate the transmission line in such a manner that the maximum steady-state short-circuit current shall be limited to five milliamperes rms alternating current between the ground and any non-stationary object within the right-of-way including but not limited to, large motor vehicles and agricultural equipment. All fixed metallic objects on or off the right-of-way, except electric fences that parallel or cross the right-of-way, shall be grounded to the extent necessary to limit the short circuit current between ground and the object so as not to exceed one milliampere rms under steady state conditions of the transmission line and to comply with the ground fault conditions specified in the National Electric Safety Code. 2. Electric Field. The transmission line shall be designed, constructed, and operated in such a manner that the electric field measured one meter above ground level immediately below the transmission line shall not exceed 8.0 kV/m rms. 3. Radio and Television Interference. If radio or television interference is caused by the presence or operation ofthe transmission line, the Permittees shall take whatever action is prudently feasible to restore or provide reception equivalent to reception levels in the immediate area just prior to the construction of the line. E. Applicable Codes. The Permittees shall comply with applicable Rural Utilities Service (RUS) construction standards and requirements ofthe National Electric Safety Code (NESC) including clearances to ground, clearance to crossing utilities, clearance to buildings, right-of way widths, erecting power poles, and stringing oftransmission line conductors. F. Other Permits. The Permittees shall comply with all applicable state rules and statutes. The Permittees shall obtain all required permits for the project and comply with the conditions ofthese permits. A list ofthe required permits is included in the permit application and the environmental assessment. The Permittee shall submit a copy of such permits to the EQB upon request. G. Pre-emption. Pursuant to Minnesota Statutes section 116C.61, subdivision I, this Permit shall be the sole route and site approval required to be obtained by the Permittees and this Permit shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances promulgated by 5 regional, county, local and special purpose governments. H. Delay in Construction. If the Permittees have not commenced construction or improvement of the route within four years from the date of issuance of this Permit, the EQB shall consider suspension of the Permit in accordance with Minn. Rules part 4400.3750. I. Special Conditions. 1. Xcel Energy Right-of-way Acquisition. Between Cedar Avenue and the Vermillion River Substation, the Permit allows a 50-foot width on each side of the centerline ofthe existing 69 kV line to permit Xcel Energy to select pole locations that reduce the impacts on landowners. 2. Substation Modifications. The footprints ofthe Air Lake and Empire substations shall not be expanded. 3. Great River Energy Right-of-way Acquisition. From the Vermillion River Substation to the Empire Substation, GRE may acquire up to 70 feet of new right-of-way, except as follows: A. East of Akin Road south ofthe softball fields, GRE must locate the centerline of its right-of-way within 20 feet ofthe south property line ofthe school district property. B. From Highway 3 easterly along the 21 Oth Street segment, GRE is permitted a corridor width of 170 feet - 85 feet from the centerline of 21 Oth Street - to allow the Permittee to select pole locations that reduce impacts on landowners. GRE shall consult with the City of Farmington to determine the centerline of21Oth Street where the City plans an extension to Highway 3. 4. Mitigation of Impacts. GRE shall: A. Reroute the single-phase distribution line that presently runs through Rambling River Park, which exists to the south ofthe corridor for the new line, leaving only one utility river crossing in the Park. B. Notify each ofthe landowners along the former railroad right-of-way of the location of each of the structures on their property at least ten days prior to commencing construction of the structures. C. Bury the Dakota Electric Association distribution line along the north side of 21 Oth Street. D. Place the line on the south side of 21 Oth Street directly across from the David Baker property, protecting an outbuilding and residence in close proximity to the street. E. Place the line on the south side of 21 Oth Street directly across from the John Gossman residence in a way to best preserve existing trees on both the 6 north and south side of the street. Should the Gossmans and GRE come to an agreement to cross the Gossman property on the north side of 21 Oth Street, GRE may select that route segment upon notification of the EQB. V. PERMIT AMENDMENT This permit may be amended at any time by the Environmental Quality Board. Any person may request an amendment of this permit by submitting a request to the Chair in writing describing the amendment sought and the reasons for the amendment. The Chair will mail notice of receipt of the request to the Permittees. The EQB may amend the permit after affording the Permittees and interested persons such process as is required. VI. TRANSFER OF PERMIT The Permittees may request at any time that the Environmental Quality Board transfer this permit to another person or entity. The Permittees shall provide the name and description of the person or entity to whom the permit is requested to be transferred, the reasons for the transfer, a description ofthe facilities affected, and the proposed effective date ofthe transfer. The person to whom the permit is to be transferred shall provide the EQB with such information as the EQB shall require to determine whether the new permittee can comply with the conditions ofthe permit. The EQB may authorize transfer of the permit after affording the Permittees, the new permittee, and interested persons such process as is required. VII. REVOCATION OR SUSPENSION OF THE PERMIT The Environmental Quality Board may initiate action to revoke or suspend this permit at any time. The EQB shall act in accordance with the requirements of Minnesota Rules part 4400.3950 to revoke or suspend the permit. 7 Message Page 1 of 5 Kevin Carroll From: Joel Jamnik Sent: Friday, February 18,20051:57 PM To: Kevin Carroll Subject: Appeal of EQB decision Kevin, An appeal of the EQB decision may be filed within 30 days of the State Register published notice of decision. The statutory section follows: 116C.65 Judicial review. Any applicant, party or person aggrieved by the issuance of a site or route permit or emergency permit from the board or a certification of continuing suitability filed by a utility with the board or by a final order in accordance with any rules promulgated by the board, may appeal to the Court of Appeals in accordance with chapter 14. The appeal shall be filed within 30 days after the publication in the State Register of notice of the issuance of the permit by the board or certification filed with the board or the filing of any final order by the board. The basis of our challenge would seem to be the inadequacy of the environmental review for the adaptive route, and that the EQB's decision did not meet the standards specified in 116C.57. The applicable statutory sections are reprinted below: 116C.575 Alternative review of applications. Subd. 5. Environmental review. For the projects identified in subdivision 2 and following these procedures, the board shall prepare an environmental assessment. The environmental assessment shall contain information on the human and environmental impacts of the proposed project and other sites or routes identified by the board and shall address mitigating measures for all of the sites or routes considered. 3/3/2005 Message The environmental assessment shall be the only state environmental review document required to be prepared on the project. Subd. 8. Considerations. The considerations in section 116C.57, subdivision 4, shall apply to any projects subject to this section. Subd. 9. Final decision. (a) No site permit shall be issued in violation of the site selection standards and criteria established in this section and in rules adopted by the board. When the board designates a site, it shall issue a site permit to the applicant with any appropriate conditions. The board shall publish a notice of its decision in the State Register within 30 days of issuance of the site permit. (b) No route designation shall be made in violation of the route selection standards and criteria established in this section and in rules adopted by the board. When the board designates a route, it shall issue a permit for the construction of a high voltage transmission line specifying the design, routing, right-of-way preparation, and facility construction it deems necessary and with any other appropriate conditions. The board may order the construction of high voltage transmission line facilities that are capable of expansion in transmission capacity through multiple circuiting or design modifications. The board shall publish a notice of its decision in the State Register within 30 days of issuance of the permit. 116C.57 Designation of sites and routes; procedures; considerations; emergency certification; exemption. Subd. 4. Considerations in designating sites and routes. The board's site and route permit determinations must be guided by the state's goals to conserve resources, minimize environmental impacts, minimize human settlement and other land use conflicts, and ensure the state's electric energy security through efficient, cost-effective power supply and electric 3/3/2005 Page 20f5 Message transmission infrastructure. To facilitate the study, research, evaluation and designation of sites and routes, the board shall be guided by, but not limited to, the following considerations: (1) Evaluation of research and investigations relating to the effects on land, water and air resources of large electric power generating plants and high voltage transmission lines and the effects of water and air discharges and electric and magnetic fields resulting from such facilities on public health and welfare, vegetation, animals, materials and aesthetic values, including baseline studies, predictive modeling, and evaluation of new or improved methods for minimizing adverse impacts of water and air discharges and other matters pertaining to the effects of power plants on the water and air environment; (2) Environmental evaluation of sites and routes proposed for future development and expansion and their relationship to the land, water, air and human resources of the state; (3) Evaluation of the effects of new electric power generation and transmission technologies and systems related to power plants designed to minimize adverse environmental effects; (4) Evaluation of the potential for beneficial uses of waste energy from proposed large electric power generating plants; (5) Analysis of the direct and indirect economic impact of proposed sites and routes including, but not limited to, productive agricultural land lost or impaired; (6) Evaluation of adverse direct and indirect environmental effects that cannot be avoided should the proposed site and route be accepted; (7) Evaluation of alternatives to the applicant's proposed site or route proposed pursuant to subdivisions 1 and 2; 3/3/2005 Page 3 of5 Message Page 4 of5 (8) Evaluation of potential routes that would use or parallel existing railroad and highway rights-of-way; (9) Evaluation of governmental survey lines and other natural division lines of agricultural land so as to minimize interference with agricultural operations; (10) Evaluation of the future needs for additional high voltage transmission lines in the same general area as any proposed route, and the advisability of ordering the construction of structures capable of expansion in transmission capacity through multiple circuiting or design modifications; (11) Evaluation of irreversible and irretrievable commitments of resources should the proposed site or route be approved; and (12) When appropriate, consideration of problems raised by other state and federal agencies and local entities. If the board's rules are substantially similar to existing regulations of a federal agency to which the utility in the state is subject, the federal regulations must be applied by the board. No site or route shall be designated which violates state agency rules. The main problem with any lawsuit against the EQB is the remedy. The Court is unlikely to order the construction of an alternative route, but rather would most likely simply remand the matter back to the EQB to do it right the second time. We can discuss this more on Tuesday. Have a good weekend and holiday. 3/3/2005 Message Page 5 of5 Joel J. Jamnik (651) 234-6219 iiamnik@ck-Iaw.com Campbell Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 CONFIDENTIALITY NOTICE: If you have received this transmission in error, please immediately notify the Sender and destroy the original transmission and its attachments without reading or saving in any manner. Thank you. Disclaimer Regarding Uniform Electronic Transactions Act (Minn. Stat. 99325L.01-.19) ("UETA'J. If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication: contract formation in this matter shall occur only with manually-affixed original signatures on original documents. This emait is not, nor shall it be deemed to be, legal advice or counsel, unless the recipient already has an attomey-client relationship with the firm or me. This emait does not create an attorney-client relationship. 3/3/2005 rQB JIOIlIIiJl <; \ III 2lJ. Nu :) Advisory Groups. The EQB is considering forming several advisory groups to discuss certain of the proposed amendments more formally, especially the possible amendments to the mandatory EA W categories. Any person interested in serving on an advisory group is asked to contact the EQB by March 4. Agency Contact Person. Written or oral comments, questions, requests to be appointed to an advisory group, requests to receive the preliminary draft of the proposed amendments, or requests for more information on these possible amendments to rules should be directed to: Gregg Downing, Environmental Quality Board, 300 Centennial Building, 658 Cedar Street, St. Paul, MN 55155; 651-205- 4660; Fax: 651/296-3698; E-mail: gregg.downing@state.mn.us; TrY users may call the Board at 800/627-3529. FHW A-SHPO Section 106 Programmatic Agreement Notice of Public Review Availability Federal Highway Administration (FHW A), State Historic Preservation Office (SHPO), Advisory Council on Historic Preservation (ACHP), the United States Army Corps of Engineers (USACOE) St. Paul District, and the Minnesota Department of Transportation (MnlDOT) Description. The FHW A is requesting public comments (as per 36 CFR 8oo.14(b )(2)(ii) on a Programmatic Agreement developed between the FHW A, SHPO, the Corps of Engineers St. Paul District, and the Minnesota Department of Transportation (MnlDOT)). The proposed P A will streamline the Section 106 review process for Federal-Aid Highway Program in Minnesota (including those sponsored by local agencies and the National Recreational Trails Program). In cases where the MnlDOT Cultural Resources Unit (CRU) (which acts on behalf of the FHW A for completing Section 106 review of Federal-Aid Highway Program projects) makes a formal finding of "No Historic Properties Affected", the SHPO will not be consulted for comment on that class of project and the Section 106 process will be completed. For state and local agencies or groups receiving FHW A funds and completing the Section 106 and NEP A reviews, the documentation of determinations under Section 106 will change as a result of this Programmatic Agreement (i.e., no SHPO comment letter will be included in environmental documents if a finding of "No Historic Properties Affected" is made on a Federal-Aid Highway Program project). Document Availability. The Programmatic Agreement is available for review beginning February 28, 2005 at the following web link on the MnlDOT CRU web page: htto://www.dot.state.mn.us/environment/odf files/fhwa shoo2 1 OS.odf. Comment Period. Interested persons or groups may submit comments or information on this Programmatic Agreement in writing until 4:30 p.m. on March 28, 2005. Agency Contact. Written comments, questions, and requests for more information on this Programmatic Agreement should be addressed to: Cheryl Martin, Environmental Engineer, Galtier Plaza, 380 Jackson Street, Suite 500, St Paul, MN 55101-2904, 651-291-6120 Notices Minnesota Environmental Quality Board Decision on Invenergy Cannon Falls LLC's proposed Cannon Falls Energy Center Project: (1) Environmental Assessment and Record created at the public hearing adequately addresses issues identified in the Scoping Decision; (2) LEPGP Site Designation and LEPGP Site Permit. At its regular meeting on February 17, 2005, the Minnesota Environmental Quality Board determined that the Environmental Assessment and the record created at the public hearing had adequately addressed the issues identified in the Scoping Decision. The Board also designated a site and issued a Site Permit for the proposed 357-megawatt, simple cycle, natural gas fuel-fired power plant. The site approved by the EQB in this Permit is a 55 acre site in the northwest quarter of the northeast quarter of Section 6, Township 112 north, Range 17 west, in the Cannon Falls Business Park North. If you have any questions about this project or would like more information, please contact the MEQB project manager: Bill Storm, 300 Centennial Bldg., 658 Cedar St., St. Paul, MN 55155. Tel: 651-296-9535; e-mail: bill.storm@state.mn.us Information about this project may also be obtained on the Energy Facilities section of the EQB web site: http://www.eqb.state.mn.us/Docket.html?Id=7679 ~ Minnesota Environmental Quality Board EQB grants a Route Permit to Xcel Energy and Great River Energy for a 115 kilovolt High Voltage ~ * LQll jjIJ/lI!OI 6 Vul. 2l), ~u ~ Transmission 'Line between the Air Lake Substation in Lakeville and the Empire Substation in Empire Township, and a new VermilUon River Substation in Farmington, all in Dakota County. The Environmental Quality Board voted 10-3, on February 17, 2005, to designate a route and issue a route permit for the proposed 115 kV high voltage transmission line and associated facilities extending from the Air Lake Substation in Lakeville on the west to the Empire Substation in Empire Township on the east for a distance of approximately nine miles. Xcel Energy and Great River Energy were granted a route permit that specifies a new 115 kilovolt line approximately nine miles long along CR 50, along the abandoned railway corridor in Farmington, and along 21 Oth Street in Empire Township. The new Vermillion River Substation will be constructed by Xcel Energy in the city of Farmington, adjacent to Eaton Road. The Empire Substation will require only minor modifications to accommodate the new line. Structures will be single shaft steel poles for the Xcel Energy portion and single shaft wooden poles for the GRE portion, except GRE will use single shaft steel poles where longer spans are necessary. The proposed transmission line is expected to be in service by the summer of 2006. The Route Permit for the project contains conditions for site preparation, construction, cleanup, restoration, electrical performance standards, and other restrictions. The Permit and other information about this project may be reviewed on the EQB Web Site: http://www.eqb.state.mn.us/Docket.html ?Id=6237 If you have any questions about this project or would like more information, please contact: David Birkholz, Room 300 Centennial Bldg., 658 Cedar St., St. Paul, Minnesota 55155; telephone 651-296-2878; TrY 1-800-657-3794; fax 651-296- 3698, e-mail david.birkholz@state.mn.us. Reclamation Project Planned for Pond-DNR Division of Fish and Wildlife The DNR Division of Fish and Wildlife is planning one musky rearing pond reclamation project this spring. The project involves the application of rotenone, a federal and state registered pesticide. Hebl Pond is proposed to be treated for the purpose of removing existing bullhead or other unwanted fish populations. This alteration will allow the pond to be used for raising musky fingerlings, which will later be stocked into local fishing lakes. Rotenone will be used with a target concentration of 3.5 ppm. Lake County Twnshp. Range Section Name Hebl Le Sueur I04N 24W 25 Pond (DOW 40-52) For general information about this project, contact Mike Halverson, Fisheries Habitat and Development Consultant, Box 12,500 Lafayette Rd., St. Paul, MN 55155. Minnesota Environmental Quality Board Notice of Public Information Meeting March 15, 2005, 7:30 p.m., Lake Wilson American Legion, Lake Wilson, Minnesota Draft Site Permit Available for Stoneray Wind Power Plant EQB Docket No. OS-90-LWECS- Stoneray in Pipestone and Murray Counties . EQB Docket Number OS-90-L WECS-STONERA Y PLEASE TAKE NOTICE that the Minnesota Environmental Quality Board (EQB) will hold a public information meeting on the application by enXco Development Corporation on behalf of Stoneray Power Partners, LLC, to build up to a 105 megawatt (MW) large wind energy conversion system in Pipestone and Murray counties. The public meeting will take place at 7:30 p.m., on Tuesday, March 15, 2005, at the Lake Wilson American Legion. Staff of the EQB and representatives of the applicant will be at the meeting to describe the EQB permitting process, the project and to answer questions. Project Description The Stoneray Wind Power Plant (Project) is a Large Wind Energy Conversion System of approximately 105 MW comprising up to 70 GE Wind Energy 1.5 MW wind turbine generator and associated facilities including power collection system, pad mounted step-up transformers and access roads. The 1.5 MW wind turbines will be mounted on top of free standing tubular towers. The towers will be 213 to 262 feet in height. The blades on the wind turbine are 126 feet long, resulting in a maximum overall height of 340 to 389 feet when one blade is in the vertical position. The rotor diameter will be 253 feet. February 8,2005 Mr. Al Angus 2806 - 225th Street West Farmington, MN 55024 Dear Mr. Angus: In response to your letter dated January 31, 2005 regarding your property in Castle Rock Township, the City would like to reiterate our position stated at the October 8 meeting: we are willing to assist you and/or the school district in any efforts you undertake to enroll your property in the State of Minnesota's Voluntary Investigation and Cleanup Program. The City will also cooperate if you choose to have the site designated and closed as a nonconforming site under Dakota County Ordinance 110, whether you are served by the County with a Notice of Violation or whether you determine to proceed on your own initiative. However, as you know, both programs are structured to proceed with the property owner's full involvement. As you also know, the City has not owned or used any part of the property since November 1972, and as we indicated to you and the school district's representative at the October 2004 meeting, the City has no current plans for the site or adjoining access. Since your potential use of the site or surrounding parcels may very well affect the scope of any remediation plan (and specifically the Site Health and Safety Plan required under the State and County programs), it seems to us that either you as the current owner ofthe property and the surrounding area, are in the best position to process any County or State application. At the time you or the school district receive or develop a better idea of the corrective actions necessary to remediate the site, the City will be open to additional discussion regarding our potential financial contribution for any of the actions. Very truly yours, CITY OF FARMINGTON By: David M. Urbia City Administrator February 18,2005 City of Farmington David Urbia, City Administrator 325 Oak Street Farmington, MN 55024 RE: Former City of Farmington Dump Site Dear Mr. Urbia: Thank you for your correspondence of February 8, 2005. Although I appreciate that the City is willing to cooperate, this is only a portion of my request. As the records reveal, the City undertook all of the dumping activity and therefore, it is the generator of the existing hazardous . environmental site. Simply put, neither me nor my father did anything inappropriate and our family should not bear any financial responsibility for the City's dumping activities. My request is relatively straight forward, namely, that the City accept complete financial responsibility and undertake all necessary actions to remediate the site and provide me with a certification of no further action. I am willing to cooperate with the City and sign any and all necessary applications, however, you have not provided me with any explanation as to why our family should bear any financial responsibility in this matter. Please again advise what action the City intends to take in this matter. Very truly yours, ~~ 2806 - 255th Street West Farmington, Minnesota 55024 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 ofleadership 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.