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HomeMy WebLinkAbout02.21.95 Council Packet AGENDA COUNCIL MEETING REGULAR FEBRUARY 21, 1995 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA 4. CITIZENS COMMENTS (5 minute limit per person for items not on agenda) 5. CONSENT AGENDA (All items approved in 1 motion unless anyone wishes an item removed for discussion) a. Approve Minutes - 1/30 (Special) ; 2/6 (Regular) b. Approve Payments to NSP - City Center and Oak Street Lighting d. Adopt Resolution Requesting Dakota County Traffic Study at 1st and Elm e. Review 1995 MSA Account/Order Update of 5 Year MSA Plan f. Receive Update on Pine Knoll Sanitary Sewer Services g. Rcccivc Annual Watcr and Ccwcr Usc Rcports PULL h. Cancel Feasibility Study for Westview Drainage Project/Authorize Installation of Drain Tile i . Cancel Feasibility Study for 1994 Ash Street Improvement Project j . Adopt Resolution Accepting Feasibility Report and Ordering Preparation of Plans and Specifications for Project 95-8 - Farmington Crossing k. Accept Petition for Local Improvement/Expand Feasibility Study for Improvements to Budget Mart - Project 94-21 1 . Adopt Resolution Accepting Donation from Lutheran Brotherhood m. Authorize Filling Police Sergeant' s Position n. Adopt Resolutions Approving Applications for Lawful Gambling Premise Permits - American Legion #189 - April 7th and May 5th o. Amend East Farmington Developers Agreement Sanitary Sewer Assessment p. Set Public Hearing - Mineral Extraction Permit - Wurdeman Property q. Adopt Resolution Approving Application for Lawful Gambling Premise Permit - Minnesota Waterfowl Association at American Legion Club r. Approve Payment of the Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACTS 7. PETITIONS, REQUESTS AND COMMUNICATIONS a. Recognize the Retirement of Ron Royce from the Fire Department 8. ORDINANCES AND RESOLUTIONS a. Adopt Ordinance Tobacco Sales Licensing b. Adopt Ordinance Regarding Restrictions on Nude Dancing in Liquor Establishments 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. MISCELLANEOUS 12 . REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMEMBERS 13. UPCOMING MEETINGS 14. EXECUTIVE SESSION a. Annexation Appeal Update 15. ADJOURN AGENDA REQUEST FORM Item No. 5e Name: Tom Kaldunski lN° Department: Public Works 9- Date: February 3; 1995 MeetingDate: Fe .\, Category: Consent Subject: Review 1995 MSA Account - Order. Update of 5 Year. MSA Plan Explanation: Reference Material/Responsibility Memo - Tom Kaldunski Ail Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works . I Signature 1 TO: MAYOR AND COUNCIL SUBJECT: MUNICIPAL STATE AID ACCOUNT DATE: FEBRUARY 3, 1995 I have received the 1995 M.S.A. Street Apportionment Manual. This memo will update you on the status of the City's account. The City of Farmington's M.S.A. account balance is as follows: Balance as of 12/31/94 $310,905.64 1995 M.S.A. Apportionment 266.149.00 Total M.S.A. Funds Available after 1/1/95 $577,054.64 The City's 1995 Apportionment is based upon the following: Population Apportionment (pop. 5940) x $14.409 per capita= $85,592 180,557 Total 1995 M.S.A. Apportionment $266,149 The 1995 Apportionment represents a 14.6% increase over 1994. It could have been larger if the account balance was kept lower by doing an M.S.A. Project in 1993/94. The City of Farmington was impacted negatively in the 1995 Needs Apportionment. This occurred because of the City's large account balance that has been carried over. This large account balance is mainly due to the City's decision to halt the Walnut Street Improvement Project in 1993. The M.S.A. system is set up to encourage communities to spend the funds on construction projects regularly. The City will receive a similar impact next year if no M.S.A. funds are utilized in 1995. I have attached a copy of the last 5 Year M.S.A. Capital Improvement Plan for your review. It is recommended that the 5 Year M.S.A. Plan be updated. The City's #1 M.S.A. Project is the construction of Pilot Knob Road between 190th Street and C.S.A.H. 50, originally scheduled for 1996. Recent discussions with Dave Everds, Dakota County Hwy. Engineer, indicated that the County does not believe they can be ready for construction in 1996. If this project is moved back to 1997 the City of Farmington should consider an M.S.A. Project in 1995 to avoid losing M.S.A. funds due to a large balance. It should also be noted that the M.S.A. rates have been revised regarding population. The 1996 M.S.A. Apportionment will utilize the Met. Council population estimates. This will mean an increase in the City apportionment in 1996. Current population • • estimate for Farmington is 7,000. The City does not need to conduct a special census in 1995. The City of Farmington can anticipate continual growth in its M.S.A. construction account into the future due to the growth occurring in the City. It has been estimated that the City of Farmington needs to do $6.8 million in M.S.A. improvements in the near future. The City will strive to continue the trend of increasing its M.S.A. apportionments to meet this need. 4.0.14/ealiel Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer TJK/pr cc: File Larry Thompson Wayne Henneke TJK •1 CAPITAL IMPROVEMENT PLAN MUNICIPAL STATE_Alit SYSTEM CITY OF FARMINGTON, MINNESOTA 1994 - 1998 CITY OF FARMINGTON ENGINEERING DEPARTMENT 325 OAK STREET I hereby certify that this plan and specification was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. L Thom . Kaldunski, P.E. Date: February, 1994 Reg. No. 16798 • • • TABLE OF CONTENTS 5 YEAR CIP MSA SUMMARY MAP OF DESIGNATED MSA STREETS (FEBRUARY, 1994) PROPOSED MSA STREET CONSTRUCTION MAP (1994-1998) (FEBRUARY, 1994) OUTLINE MSA CASH FLOW AND PROJECT COSTS COMPREHENSIVE TRAFFIC PLAN •1 e F wo• g ow= D .me _ _— �'�:�-.�---r--- -- 5� ------1- 1 ----ter . _. ....77........:71:::.s_-N1 s 1 .: -Si-..... .uar J, • El `• 1FfFFFI • + is k /µ ' p 17 • I ) IN....ca...s.• pII.t,.r41 \ -.1.;.... iiii..,: m•••••,....,10:',. i ‘, ►u i I:.+,,..,A, IIS �, r st�' r i ■ um �� �. zn!4). - • sll i min= l!31 ...z - - ---. - �� -'III R. 1 \_ .., .___ _ - --,-; . _. , ,•___•• 1 1 • ‘, , , .. iiii _ pp • 1 _ I I" 3° ii3Eig / - •\ tf ' K--. ,,,7_ g 1 I .4'.1 . ! a --mu -_.-• •• I ... viiiii ......— 1 -- p..,.. ::: ,__057-..3 . _. . N, 1 1 41_ -r•i i- - . pit--....-- n _: I �_ IE==EEL SENN 1.\I -- ?�,CEE, ail la r — 02 r ` F, >c ---r- �. _; RR I r i ...No—, -- —1 III === � f r .-- —. — ;-II•- I , O_ "MI __ • • • 5. m.... 0.-,-:[ -,.-�, `_5 ---2 • 13 i r..'.---- —...--.---- ---1- ------ •,. , io ill ii IA iiii ii • CITY OF FARMINGTON I 2/94 DESIGNATED MUNICIPAL STATE AID STREET SYSTEM ©..•. MINIM. City MSA Streets (8.'70 miles) ® S.T.H. and/or CSAH �_� 'A' Minnr Artnrill (Motrn Widal : . 3 $ 2 iiihigiiii iilid � IWO E .000 D vice . // ---N. ILAPIgai C -- — — �`fh�!(J uy u I a - \_____ u 17 / ^�Er ,. 1 ' p Ili 3 j. ? =S It UM al Rim . 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AGENDA REQUEST FORM Item No. 7a Name: Ken Kuchera Department: Fire Date: February 13 , 1995 Meeting Date: February 21 , 1995 Category: Petitions , Requests and Communications Subject: Recognize Retirement of Ron Royce from Fire Department Explanation: Ron Royce will be presented with a certificate of appreciation for 34 years of service on the Fire Department. Reference MateriaUResponsibilty • Referred To: (Name) Department Larry Thompson Administration Department Heads Signature mow. y MEMO TO: MAYOR AND COUNCIL SUBJECT: AGENDA "ADD ON" REGARDING TROUT UNLIMITED LAW SUIT DATE: FEBRUARY 16, 1995 Sienna Corporation Vice President Rod Hardy, together with the environ- mental consultant Sienna had working on the East Farmington Project, Peterson Environmental Consulting, Inc. , met with representatives from Trout Unlimited to talk about their concerns. The proposal made at that meeting by Sienna included a nutrient loading and temperature modeling effort to determine if the Waterway will have an adverse impact on the Vermillion River' s ability to support a cold water fishery. Because of the receptivity of Trout Unlimited to this proposal, a definite work program has been prepared. In addition, Diane Ray of Briggs and Morgan has prepared a Settlement Agreement and Release of Claims document to be signed by Trout Unlimited, the City of Farmington and Sienna Corporation. The draft documents have been approved by Trout Unlimited and an authorized representative will sign for this group. In essence, Sienna Corporation decided to spend the amount estimated by Briggs and Morgan to defend against the Trout Unlimited action on this work proposed by Peterson Environmental Consulting, Inc. . By doing this study, and without implementation of any mitigation that might be suggested by the Study, Trout Unlimited has tentatively decided to walk away from its lawsuit. the reason for this "Add On" is for the Council to authorize the Mayor to sign the attached agreement once it has been signed by Trout Unlimited. Essentially the only obligation of the City is to sign the agreement to cover work to be paid for by Sienna Corporation. CedL 129/14%. Charles Tooker City Planner cc: Development Committee file FROM B & M FAX 612-334-8650 VOICE 334-8520 (FBI)02, 17' 95 14:30 /ST, 14:29/ N0, 3360198-359 P. 2 LAW OJ?YIC1;:5 13I? TOGS AND MORGAN 1P17torrsS1ON L ASSOCSATLAN 2400 1 DR CI?11TEI1 MINN i OLt-.MINNESOTA 3,-1402 TEI.EP'UIONL'+ '3121 624-440f.{ rA(.sIPLII.I: '0L21 3r'3A•8630 fiiOO FSAINT TP1AIUALL OFFICE NS WI T1Rs D CT t]LANum-22/1 February 15, 1995 SAINT PAUL,MINNESOTA 5310i TIMEPRONli itelett ISO•b000 FAI5rll7L2 4613182t1-0460 (612) 334-8438 Mr. Craig Wible 1937 Woodlane Drive Woodbury, MN 55125 Rev Trout Unlimited v. City of Farmington Dear Mr. Wible: I was pleased to receive your message this morning that Trout Unlimited has agreed to enter into the Settlement Agreement and Release of Claims with the City of Farmington and Sienna Corporation regarding the Prairie Waterway and East Farmington Planned Unit Development Projects. Enclosed please find three original (unsigned) copies of the Settlement Agreement and Release of Claims in the above referenced matter. Also enclosed is a Stipulation of'Dismissal with Prejudice, Order and Judgment as called for in the Settlement Agreement. I do not have a "clean" copy of Attachment A, the Scope of Work. I have contacted Ron Peterson of Peterson Environmental to furnish me with a copy, but he was not available today_ When I speak with him, I will ask him to forward a copy of that Scope of Work directly to you. That document will also need to be executed by Trout Unlimited. Please have Trout Unlimited execute all of the originals, and return them to me at your earliest opportunity so that I may have them executed by the other parties. We will return one original of the Settlement Agreement to you after execution by all parties. Thank you for your role in resolving this matter.I look forward to hearing from you. Sincerely, lane B. Ray ' c. Enclosures cc; Tom Larson (w/enclosures) Charlie Tooker (w/enclosures) Rod Hardy (w/enclosures) Dave Sellergren (w/enclosures) Ron Peterson (w/ enclosures) • FROM B & M FAX 612-334-8650 VOICE 334-8520 (FRI)02, 1T 95 14:31 /ST, 14:29/ NO. 3360198-359 P. 3 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT 14 Other Civil Minnesota Trout Unlimited, Plaintiff. STIPULATION OF DISMISSAL v. WITH PREJUDICE, ORDER AND JUDGMENT City of Farmington, a municipality, Defendant. The above-entitled matter, having been duly compromised and settled, NOW,THEREFORE, it is hereby stipulated and agreed,by and between the parties hereto, through their respective attorneys, that said action be, and the same hereby is, dismissed on the merits and with prejudice, but without costs or disbursements to any party. It is further stipulated and agreed that the Administrator of the Court, upon sling of this stipulation and without notice to any party, is hereby authorized and directed to enter Judgment of the dismissal of this action. Dated: CRAIG A.WIBLE ESQ. By:__�, _ Craig A. Wible (#170628) 1937 Woodlane Drive Woodbury, Minnesota 55125 (612) 738-8464 Attorney for Plaintiff Tout Unlimited 713521.1 • FROM B & M FAX 612-334-8650 VOICE 334-8520 (FRI)02, IT 95 14:31 /ST, 14:29/ NO, 3360198-359 P. 4 Dated: BRIGGS AND MORGAN, P.A. By: Thomas A. Larson (#60902) Diane B. Ray (#184330) 2400 IDS Center Minneapolis,Minnesota 55402 (612) 334-8400 Attorneys for Defendant City of Farmington ORDER Pursuant to the foregoing Stipulation, IT IS HEREBY ORDERED, that the foregoing action be dismissed with prejudice, but without costs or disbursements to either party. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: BY THE COURT: Judge of District Court JUDGMENT PURSUANT TO THE FOREGOING ORDER, IT IS HEREBY ORDERED,ADJUDGED AND DECREED that the above-entitled action be dismissed on the merits and with prejudice,but without costs or disbursements to either party, Dated: Administrator of District Court Deputy Court Administrator 713521.1 • FROM B & M FAX 612-334-8650 VOICE 334-8520 (FRI)02, 17' 95 14:31 /ST, 14:29/ NO, 3360198-359 P. 5 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS 1. Parties Tars AGREEMENT is made on this _ day of February, 1995, by and between the following parties ("Parties"): Trout Unlimited, Inc., on its own behalf and on behalf of all its insurers, sureties, successors, assigns, shareholders, officers, directors, employees and agents ("TU" or Plaintiff , City of Farmington, on its own behalf and on behalf of all its insurers sureties,successors,assigns,employees and agents("City"or Defendant),and Sienna Corporation, on its own behalf and on behalf of all its assigns,insurers, sureties,successors, employees, and agents ("Sienna"). IL Recitals WHEREAS, On August 1, 1994, the City adopted Resolution R96-94. in that Resolution, the City Council determined that the Prairie Waterway and East Farmington Planned Unit Development ("EFPUD") Projects (collectively, the "Projects") had no potential for significant environmental effects. WHEREAS, After the City's adoption of Resolution 896.94,'TCT notified the City that it had planned to comment on the Projects but did not do so before adoption of resolution R96-94 because it believed the comment period did not expire until August 8, 1994. WHEREAS, In December, 1994, TU initiated a lawsuit against the City seeking to have R96-94 voided(the"Lawsuit"). The Summons and Complaint were served on the City, but the Lawsuit has not been filed in Dakota County District Court. WIIEREits, The City has answered TU's Complaint, requesting dismissal of the Lawsuit on several grounds. WHEREAS, The Parties wish to enter into this Settlement Agreement and Release of Claims to resolve all outstanding issues and disputes relating their differences. III. Provisions WHEREFORE, for the consideration set forth herein,and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. Analysis of Potential Water Qualify and Temperature Effects on Vermillion River Cold Water Fisheries, The City and Sienna agree to undertake an analysis of the potential water quality and temperature effects of the Projects on Vermillion River Cold Water 713395.1 ,FROM B & M FAX 612-334-8650 VOICE 334-8520 (FRI)02, 17' 95 14:32 /ST, 14:29/ NO, 3360198-359 P. 6 Fisheries(the"Analysis"). The Scope of Work to be undertaken by the City and Sienna will be as described in Attachment A, (entitled "Scope of Work," prepared by Peterson Environmental Consulting, Inc.). The City and Sienna agree to undertake no work other than the work specifically described in Attachment A. Sienna agrees to pay for the Analysis as described in Attachment A. The results of the Analysis will be presented by a report to the Parties and subsequently to the Minnesota Department of Natural Resources, Section of Fisheries. No other dissemination of the results of the Analysis will be permitted without the consent of all the Parties. 3. Stipulation of Dismissal and Notice of Settlement_ Upon execution of this Agreement,the Parties shall execute a Stipulation of Dismissal,dismissing with prejudice all claims asserted, or that could have been asserted, in the Litigation. 4. Releases of Claims. The Parties to this agreement,herewith release, acquit, and forever discharge each other and each other's heirs, relatives, executors, insurers, sureties, successors, predecessors, assigns, affiliated entities, officers, directors, employees, servants, and agents from any and all claims, demands, judgments, causes of action, liabilities, obligations, and damages of every kind whatsoever and of any nature ("Claims") in any way relating to the Projects, including, without limitation, all Claims that were, or could have been, asserted in the Litigation, and from all other Claims, known or unknown, liquidated or contingent, that the Parties may have or allege to have against each other arising out of any actions occurring prior to the date of this release. The Parties further agree not to bring any legal action of any kind for any claims released hereby. If either Party hereafter brings any legal action of any kind against the other Party, the Party bringing such action shall pay to the other Party all damages caused thereby together with reasonable attorneys'fees incurred in defending or otherwise responding to said legal action_ 5. Benefit of Counsel. The Parties acknowledge and represent that they have each had the benefit of their own counsel,that they are relying upon the legal advice of their counsel, that this Agreement has been completely read by them and explained to them by their respective counsel, and that the terms are fully understood and voluntarily accepted by them. 6. Choice of Law. This Agreement shall be governed exclusively by Minnesota Law, Z No Admission of Liability. The Parties recognize and acknowledge that the consideration being paid hereunder is for the purpose of resolving doubtful and disputed claims, and that the consideration being paid is neither intended to be nor shall it be construed as an admission of liability on the part of either Party. 715395.1 .FROM B & M FAX 612-334-8650 VOICE 334-8520 (FRI)02, 17' 95 14:33 /ST, 14:29/ NO, 3360198-359 P, 7 8. Entire Agreement. This Agreement contains the entire agreement between the Parties in regard to the matters set forth herein, and supersedes all previous contracts, agreements, or understandings, Signatories Trout Unlimited, Inc. By: Its: City of Farmington By: Its: Sienna Corporation By: Its: 713395.1