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Home My WebLink About11.15.04 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 promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING November 15, 2004 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 Mayor's Service on Council- Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Mr. Michael Pierce - Wetland Buffer - Engineering 7. CONSENT AGENDA a) Approve Council Minutes (11/1/04 Regular) (11/3/04 Special) b) Approve Submittal of Application for Landfill Abatement Funds from Dakota County - Parks and Recreation c) Accept Resignation Heritage Preservation Commission - Administration d) Approve Various Licenses and Permits - Administration e) Approve Heritage Preservation Project - Administration. f) Approve Agreement ISD 192 School Resource Officers - Police g) Appointment Recommendation Police Officer - Human Resources h) Acknowledge Retirement Fire Department - Human Resources i) Acknowledge Retirement Fire Department - Human Resources j) Adopt Resolutions - Annexations within Southeast Trunk Project Area and Approval of Administrative MUSA - Community Development k) Adopt Ordinance - Maximum Driveway Width - Community Development I) Approve Assessment Agreement - Southeast Trunk Utility and Pond Project - Engineering m) Approve Bills 8. PUBLIC HEARINGS a) Approve 2005 License Renewals - Administration b) Adopt Resolution - Certification of Delinquent Municipal Services - Finance Action Taken Approved Approved Approved R95-04 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Parkview Ponds Preliminary Plat - Community Development b) Adopt Resolution - Amending Charleswood PUD/Schematic Plan to Allow LowIMedium Density Residential in Medium and High Density Residential Area - Community Development c) Consider Pre-Plat Utility Installation - Engineering d) MUSA Review Committee Recommendations - Community Development e) Enterprise Fund Rate Analysis - Finance (Supplemental) t) Audit Engagement - Finance (Supplemental) 11. UNFINISHED BUSINESS a) Main Street Assessment Objections - Finance 12. NEW BUSINESS a) Downtown Liquor Store - Finance 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Fannington 325 Oak Street Fannington, 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 November 15, 2004 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 Mayor's Service on Council- Administration ". CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) a) Mr. Michael Pierce - Wetland Buffer - Engineering 7. CONSENT AGENDA a) Approve Council Minutes (11/1/04 Regular) (11/3/04 Special) b) Approve Submittal of Application for Landfill Abatement Funds from Dakota County - Parks and Recreation c) Accept Resignation Heritage Preservation Commission - Administration d) Approve Various Licenses and Permits - Administration e) Approve Heritage Preservation Project - Administration. f) Approve Agreement ISD 192 School Resource Officers - Police g) Appointment Recommendation Police Officer - Human Resources h) Acknowledge Retirement Fire Department - Human Resources i) Acknowledge Retirement Fire Department - Human Resources j) Adopt Resolutions - Annexations within Southeast Trunk Project Area and Approval of Administrative MUSA - Community Development k) Adopt Ordinance - Maximum Driveway Width - Community Development 1) Approve Assessment Agreement - Southeast Trunk Utility and Pond Project - Engineering m) Approve Bills 8. PUBLIC HEARINGS a) Approve 2004 License Renewals - Administration b) Adopt Resolution - Certification of Delinquent Municipal Services - Finance Action Taken Pa$esl-18 Pa~es 19-20 Pages 2],.22 Pages 23:..24 Pages 25-34 Pages 35-43 Page 44 Page 45 Page 46 Pages 47-78 Pages 79-82 Pages 83-87 Page 88 Pa(les 89-90 Pa8es 91-92 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Parkview Ponds Preliminary Plat - Community Development b) Adopt Resolution - Amending Charleswood PUD/Schematic Plan to Allow LowIMedium Density Residential in Medium and High Density Residential Area - Community Development c) Consider Pre-Plat Utility Installation - Engineering d) MUSA Review Committee Recommendations - Community Development e) Enterprise Fund Rate Analysis - Finance (Supplemental) f) Audit Engagement - Finance (Supplemental) 11. UNFINISHED BUSINESS a) Main Street Assessment Objections - Finance 12. NEWBUSINESS a) Downtown Liquor Store - Finance 13. COUNCIL ROUNDTABLE 14. ADJOURN ~ 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 ~ Lee M. Mann, P.E. Director of Public Works/City Engineer FROM: SUBJECT: Michael Pierce; Vacate Wetland Buffer at 5127 203rd Street West DATE: November 15,2004 INTRODUCTION At the October 18th City Council meeting, Mr. Michael Pierce, 5137 203rd Street West (Middle Creek 5th Addition), requested that the City Council vacate the drainage and utility easement (which contains a wetland buffer) behind his home. He has indicated that he was not aware of the buffer when he bought his property and he has less usable space than he thought he had. DISCUSSION Pursuant to consultation with the City Attorney, City Staff does not recommend vacating the easement or giving up a portion of the wetland buffer. The wetland buffers are required by City ordinance to provide protection to wetlands. At the time of the development of the plat that contains Mr. Pierce's property, the code did not require that wetland buffers be platted in an outlot; they were allowed to be on private property. It was made clear to the developers at the time, the necessity to communicate to prospective property owners the existence of the wetland buffers. Attached is an excerpt of the paper work that was included in the purchase agreement with the builder for 5137 203rd Street. A copy of part of the grading plan is included that shows the wetland buffer. Since that time, the code has been revised to require that wetland buffers be platted in an outlot, instead of private property, in order to avoid the circumstances of the issue currently before Council. BUDGET IMPACT None at this time. ACTION REQUESTED Staff does not recommend vacating the drainage and utility easement and/or reducing the wetland buffer. Respectfully submitted, "& }U~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Mr. Michael Pierce, 5137 203rd Street West 11/10/2004 13:03 ARCON DEVELOPMENT ~ 6514631611 NO. 022 Gl001 ARCON 7625 METRO BLVD. . SUITE 350 · ED~ MINNESOTA 55439 · 'PHONE 952/835-4981 · FAX 952/835~o069 E-mail: a.ccoll@arcondevelopment.com · WWW..arcoQdf:vdopment.com ' · , . ' F ACSIMILIE COVER SHEET Please deliver the fonowing page(s) to: . NAME: L ~ It, ~ ....."" FIRM: ~ FAX NUMBER: ,)j! ~,.-~~~~ ;<~ / Ii (,)'/, - y~ 3'".;/~/t FROM: ~ 1''''/4'-0'1 ~/ . DATE: TIME: TOTAL NUMBER OF 'PAGES INCLUDING THIS COVER LETTER RE; ;r f11,"J/f.. Ctu.t. MESSAGE Lc:c ~ ~ ~ -Ju..:lrlu_ s-:IZ: .1;7 tI . I~ ' s~ ~ ~ 'i!1.{' 11-. .a .., .oJ . .5/4,...... Orl- ,/ ,;, fG.,.. ...,.. a.fi ,",., i)" ".d-. a. If you do not receive. the entire: fax, please call as soon as ,possible. WE DO MORE THAN DEVELOP ViND.... WE CREATE NEIGHBORHOODS DEVELOPERS - PLANNERS - CONTRACTORS 11/10/2004 13:03 NO. 022 Gl002 ARCON DEVELOPMENT ~ 6514631611 (~f p~~y 13B. For custom Lots, or Lots where the Se er has left stly . na con Ion to save iUiiUral characteris . es or because of Governmental requirements,' m e event Buyer finds that a single family dwelling cannot be b'tillt upon the premises within the boundaries oftbe building pad as , defined by the approved grading plan using standard footings at a depth of 8 fe:et below the finished grade as shown on the approved grading pl~ then Buyer shan so notify the Seller'in writing Within three (3) :days: of making such a finding. : Upon receipt of such notice, Seller at its option shci1l either declare this Agreement to be void and retuin all monies paid hereunder by Buyer or pay the portion of the cost of the fo~tiJl~ block, or soil correCtion required which : exceeds the cost of standard footings, block, or soU. corrections. Seller shall i notify Buyer of which option it chot>ses to exercise within ten (10) days after i receiving written notice from Buyer. If the home design elevations deviate from the approved grading plan, tbe:~Xtra work or cost incurred due to the deviation: shall be the responsibility of the Buyer. . J(. 14. Buyer agrees that he is. purchasing the property as is. By signing this Agreement, ~uyer eonfiIms that he has insueeted the prol)eIty as to existinll: Conditions and ~ satisfied with such including, but not limited to its exis" de tree cover and amoun 0 k dirt. eller warrants thafthe property can e built to e elevations shown on the grading plan approved by'the City of Farmington. Buyer agr~es that any changes that vSry' from the approved grading plan must be . approved by Seller~ A copy oftbe approved gracl.ii'1s! 'Plan is herein attached as: Exhibit A and is made a part of tbis. Agreement. : ~ - 15. This Agreement may not be assigned by Buyer without the consent in writing of Seller, which consent shall not be unreasonably 'Withheld. 16. Buyer and Seller shall hold each other harmless from all claims made by third . parties arising from either party's. acts~ whether of commission or o~ssion. : 17. In the event that this Agreement is tenninated or b~mes void according to its terms, Buyer agreeS to executO:a written cancellation and a Quit Claim Deed conveying Buyer's entire interest: in. the premises to. Seller. 18. Any earnest money herein paid shall be non-refimdable in the event of default in the terms of this Agreement by Buyer. 19. This Agreement must be returned to Seller no late~ than June 6, 2003. o~ it shall be deemed null and void. ' ' . . 20~ All debris due to home construction must be removed from the lot and adj~ent lots at completion of construction or the Seller, at its option, and after 72 hour. written notice to Buyer, can cleanup the debris at Buyer's expense. . . ,5 11/10/2004 13:03 ARCON DEVELOPMENT ~ 6514631611 NO. 022 GJ003 .,~ ~ " EXHIBIT --A- Date. ,,~ In.itial l , Scal~/" :. I Db / , . ~~ .. n,... .... . i I I , I ,; !! NOTE: LOTS 1--:9. BLOCK 1, LOrS 4.....:7&:22-24. B~OCK 2 WERE' PREVIOUSLY GRADED IN MIDDLE , . CREEK 1ST ADDITION GRADING OPERA llONS. SEE', ASBUIL T SHOTS (XX.X) NOTE: REMOVE AND DISPOSE OF EXISTING \ \ ~ \ .. '. \ ~ '--\. .~. " .;:: . . ~.~ '}. " 7c-~ COUNCIL MINUTES REGULAR November 1,2004 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Cordes, Fitch, Fogarty, Soderberg None Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Mike Zitek, James Munro, Ken Carlson, Mike Odens, Michele Hanson, Kevin Bieguen, David Pritzlaff, John Mowery, Jim Larsen, Jay Riggs, Deb Richter, Mike Heinzerling, Jason Place, Jon Einess, Randy Pedersen, Stan Knutsen, Bob Weigert, David McKnight, Steve Wilson, Jeremy Heetland, Gordon and Twylla Chant, Jim Calverley, Mike Hipps, John Kommann, John Jaschke, Brian Nerbonne, Tony Nelson 4. APPROVE AGENDA Councilmember Soderberg pulled item 7a) 10/18/04 Regular Council Minutes to abstain. Councilmember Fitch pulled item 7a) 10/20/04 Special Council Minutes to abstain. MOTION by Fogarty, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Parks and Recreation Mr. Jason Place was introduced as the new Facilities Maintenance Worker. b) Introduce Promoted Employee - Liquor Operations Mr. Randy Petrofske was introduced as the new Liquor Operations Manager. c) Introduce Promoted Employee - Finance Ms. Deb Richter was introduced as the new Utility Billing Clerk. Council Minutes (Regular) November 1, 2004 Page 2 6. CITIZEN COMMENTS Mr. David Pritzlaff, 20255 Akin Road, encouraged everyone to vote and wished all the candidates good luck. Mr. Fred Conlan, 9 ih Street, brought up the stop sign on Akin Road at the Middle School. He felt the traffic was working fine without the $150,000 stop light that was proposed. He was glad Council voted against it because in his opinion it was not needed. The only time there was a problem was during soccer games. Regarding traffic problems, he wanted the City to look at Hwy 3. He appreciated what the Mayor has done for the City. He would like to see the City slow down and look at the expansion. It is growing too fast. The City should think about the money that will come from the residents to pay for everything. Councilmember Fitch asked if there was a particular intersection on Hwy 3. Mr. Conlan stated Willow Street or anywhere on Hwy 3. Children try to cross at Budget Mart. He would at least like to see crosswalks and the speed limit set at 30 mph. Mr. James Munro, Embers Avenue, thanked the Mayor for his help on Embers Avenue. He stated the Mayor has been at every meeting along with Police Chief Siebenaler and City Engineer Mann. He would like Council to reconsider the intersection at Embers and 195th Street. He would like to see it offset, as he feels there will be more traffic on Embers. 7. CONSENT AGENDA MOTION by Cordes, second by Fogarty to approve the Consent Agenda as follows: b) Adopted RESOLUTION R88-04 Accepting Donation Rambling River Center- Parks and Recreation c) Approved Contract for Services Dishonored Checks - Police d) Approved School and Conference - Parks and Recreation e) Set November 15, 2004 Public Hearing Licenses and Permits - Administration t) Approved Extension for Filing Middle Creek 2nd Addition Final Plat - Community Development g) Adopted RESOLUTION R89-04 Mattson Farms Preliminary Plat - Community Development h) Approved Draft EQB Letter Regarding Great River Energy Power Line Routing - Community Development (Supplemental) i) Approved Bills APIF, MOTION CARRIED. a) MOTION by Fogarty, second by Cordes approving Council Minutes (10/18/04 Regular). Voting for: Ristow, Cordes, Fitch, Fogarty. Abstain: Soderberg. MOTION CARRIED. MOTION by Fogarty, second by Soderberg approving Council Minutes (10/20/04 Special). Voting for: Ristow, Cordes, Fogarty, Soderberg. Abstain: Fitch. MOTION CARRIED. Council Minutes (Regular) November 1,2004 Page 3 8. PUBLIC HEARINGS a) Amend Dakota County Estates 3rd Addition PUD Agreement - Community Development The original PUD allowed for a shopping center. The location is English Avenue on the east side, Upper 182nd Street on the north, Upper l83rd Street on the south, and Pilot Knob Road on the west side. The current building houses a service station, Domino's Pizza, Cahill Salon, and the municipal liquor store. Staff proposed to amend the PUD Agreement to demolish the current shopping center and construct a new convenience store/gas station for Kwik Trip. The new facility will be 480 sq. ft. The building will be located on the south side of the property with the gas pumps on the north side. There will be accesses off of Upper 183rd Street and English Avenue. They will remove the gas tanks this winter and start construction next spring. Convenience store with gas is a permitted use under the PUD agreement. Following are the conditions for approval: 1. The Pin Oaks needs to be revised to show allowable street trees as per Section 10-6-10 (F). 2. A sidewalk needs to be installed on the west side of English Avenue. 3. Provide similar material (brick) on three sides ofthe trash enclosure. 4. Allow for a 30-foot deviation from the 50-foot setback requirements for a monument sign along Pilot Knob Road. Mr. Mike Odens, Kwik Trip, stated they have made arrangements for the businesses to relocate. He commented that staff is very proactive. Mr. Hans Zietlow, Kwik Trip, also commented the staff is very professional. They do not have a car wash as the area is too small. MOTION by Fogarty, second by Soderberg to close the public hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Fogarty to approve the Amendment to the Planned Unit Development Agreement of the Dakota County Estates 3rd Addition for the Kwik Trip project with the above contingencies. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution Vermillion River Crossing Preliminary Plat - Community Development The site is located south of CSAH 50 and west of Denmark Avenue. The property is zoned Spruce Street commercial and park open space. Wetlands exist along the south and southwestern portions of the property. There are four pipelines crossing the area. This preliminary plat has been updated since the Planning Commission meeting. There were two requirements on the plat. The first was that they showed a smaller lot that did not meet the one acre Council Minutes (Regular) November 1,2004 Page 4 requirement. This has been added to another lot. The second requirement was the Knutson's own the easement to the portion of the property located in the easement for CSAH 50 and Denmark. This is now shown on the plat. The plat shows three accesses to CSAH 50 and an access onto Denmark Avenue connecting with Spruce Street. The area will contain retail, hotel, fast food, convenience store, etc. Comments have been received from environmental agencies. As far as preliminary plats are concerned, we are fixing lines on the ground. Each lot will have to be reviewed for a number of things. Preliminary plat sets the lines, final plat gets it ready for recording. Next is the site plan review which is done at the Planning Commission. In the site plan review stage, items such as parking spaces, landscaping, refuse loading areas, lighting, sidewalks, trails, signage, etc. will be reviewed. Contingencies include: 1. Final design of the infiltration basins including the proposed installation of vegetation needs to be reviewed by the MPCA and Dakota County Soil & Water Conservation. 2. The preliminary plat approval is contingent on the approval of the construction plans for grading, storm water and utilities by the Engineering Division. Councilmember Fitch noted Council has already granted a grading plan and asked if that has met the second condition. City Planner Smick replied no, City Engineer Mann needs to sign an approved grading plan. Councilmember Fitch then asked if the storm water ponding, etc. is usually done later in the process. City Planner Smick stated platting of storm water ponds is very important to the plat. The design down to the details oftypes of vegetation will come prior to final plat, at site plan review, or at the grading stage. Councilmember Fitch noted the comments from the agencies were that if this is approved things are set in stone. Staff replied the preliminary plat sets the lines. The developer needs to make sure whatever he develops is within those lines. Councilmember Cordes stated the letters from the agencies are very vocal in not wanting this approved, but items will be worked out. Staff stated the City is the regulatory governmental unit and need to make sure the guidelines are followed. Councilmember Soderberg asked what flexibility is lost by approving the plat. City Attorney Jamnik stated the lines being drawn show the size of the lots and ponds. The City does not have the discretion to change very much from the overall design. Things evaluated are what roads serve the area, how large the drainage ponds are, where the infrastructure will be installed in general terms in order to serve the area with municipal services. You would not want to do a major road re-design without sending it back to the Planning Commission. We could not create a non-conforming lot. Major changes that change lot lines can result in the loss of buildable lots and significant problems. If they are substantial, the protocol is to return it to the Planning Commission. Minor changes are accommodated in the process. Councilmember Soderberg confirmed Council Minutes (Regular) November 1, 2004 Page 5 the issues raised by the agencies will be addressed prior to final plat. City Attorney Jamnik replied yes, some will go after final plat as contingencies to the landscaping plan or with the site plan review stage. Everything might not be done at final plat. Councilmember Fogarty noted if the MPCA comes back, and says they need bigger ponds, this will change the entire plat and they will have to start all over and go back to the Planning Commission. City Attorney Jamnik replied ifit was significant enough to adjust all the outlots and make many changes, that is correct. We would reject the final plat and start over. She was concerned they would be obligated to this plat if the MPCA says it will not work. City Attorney Jamnik stated the City would not be obligated ifthey changed it. The plat was not brought earlier because it was not far enough along and staff was not reasonably certain that the size of the infiltration basins and outlots would accommodate the necessary infrastructure. We are to the point now, where staff feels that will not occur. Staff is reasonably certain the project will work and the details will be worked out at final plat. Council does have the flexibility to deny the final plat. Mr. Brian Urban, DNR, stated the Vermillion River is a trout stream and one of the top 10% for trophy trout streams in the entire state. The reason they are concerned is that they are concerned about the life cycle of the fish. Having a larger development adjacent to a trout stream will result in warming of the water. The pond area may contribute warm water instead of cold water. They have not seen any final results from their meetings as to what the changes will be to the site plan. He wanted to make sure their concerns will be met. Staff noted if there are concerns with the size of the ponding, they would be addressed before final plat. Mr. Jay Riggs, Dakota County Soil and Water, stated regarding the timing for preliminary plat approval and whether Council is locked in to legally requiring this layout, has to do with the design of the site and the impacts of the amount of impervious area on the site and the receiving water (the trout stream). Innovative approaches need to be done to mitigate the impact. They do not know the depth to ground water, there needs to be a separation of 3 feet from the bottom of the infiltration pond to the upper levels of the ground water table. There should be practices distributed throughout the site, not just on one side of the site. He was concerned if the plat is approved showing where the outlots will be the City will be locked in to where the treatment will be. They want to have flexibility to do more innovative design to protect the receiving water. The next issue is the PCA permitting process. The PCA requires the preparation of a storm water pollution prevention plan before giving the grading permit. The plan would have to address the temperature impact issues. He encouraged the developer to do this work upfront and get it approved by the PCA, and then go for preliminary plat. They do need this permit before they can start grading. The agencies are not monitoring the water temperature at this point. Council Minutes (Regular) November 1, 2004 Page 6 Councilmember Soderberg noted staff will be monitoring these concerns and will make sure they are addressed. If the temperature cannot be adjusted or the plat has to undergo major designs, the final plat would be rejected. The ponding and infiltration would have to be redesigned to meet the concerns. Councilmember Soderberg stated he wants this development, but he is not willing to sell the City out to get it. Based on the threats made last time, he wanted to make sure that is not being done. Staff and the City Attorney have assured him that is not the case. He wanted to make sure the issues are addressed. Mr. Kevin Biegler, Trout Unlimited, congratulated Farmington for taking a serious approach to this matter. Development of this area needs to be done in a smart and progressive way. There is an economic benefit to the developers for doing this correctly. He wanted to stress that this area has what is the last metropolitan trout stream that represents a recreational resource. Trout Unlimited is willing to work with the developer and agencies to make sure any environmental restrictions will be followed. Councilmember Fogarty thanked the agencies for their information. She struggled with this decision because ofthe developer's behavior two weeks ago. She was disappointed with what the developer did and she does not like being threatened. This staffhas worked very hard and does not believe there is anyone working against this project. When she talked with staff about this project, as there are pages of issues with this, staff was the developer's biggest cheerleader. Staff stood behind the developer. Councilmember Fogarty does not think this Council should have to tolerate being threatened. Council was already on their side. She also did not think a couple Councilmembers should have adjourned this meeting and had an extra conversation with the developer. That needed to be in public. She was disappointed in her behavior for taking it. She will vote to approve the plat, but it is not because of threatening Council, it is in spite of it. Council is working with the developer and that type of behavior is not necessary. MOTION by Cordes, second by Fitch adopting RESOLUTION R90-04 approving the Vermillion River Crossing Preliminary Plat including the two contingencies. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - Approve Thoroughfare Plan - Community Development (Supplemental) The City has a 2020 Comprehensive Plan which includes the Thoroughfare Plan. This amendment is for the area south of 19Sth Street and east of Akin Road. Changes from the first draft of the Thoroughfare Plan include eliminating the 198th Street connection at Akin Road and the addition of a north-south route from the bridge on Akin Road to Diamond Path in Rosemount. One concern was whether to leave in the 198th Street connection or not. The City chose to take the intersection out because of safety, topography, wetlands, high cost, cost allocation, limited usage/necessity, there are other connections for emergency Council Minutes (Regular) November 1,2004 Page 7 vehicle access, the road does not function as a collector, in the future there is a local road option. In the preliminary plat for Parkview Ponds, Manley Land Development has stubbed out a lot showing a potential road for 198th Street. At the workshop there were concerns from residents along Embers Avenue that this would increase traffic. They were concerned with the intersection of the collector road and 19Sth Street directly across from Embers Avenue. Staff feels traffic going south would go to 19Sth Street and then take the north-south road, Akin Road, or Pilot Knob Road. The north-south road will be flat and straight and have the fewest number of stop signs possible. This is to try and attract traffic from Embers Avenue and Akin Road. If the road had a higher speed limit, it would prompt more traffic to use it. There will be no driveway access along the north- south road. Councilmember Cordes stated they removed 198th Street as a collector road. Staff has indicated 198th Street may not be necessary but the developer is stubbing out the street. The Traffic Engineer stated at the workshop that even a local road may act as a collector and may have up to 1,000 cars/day. If 198th Street is not necessary, why have it stubbed out. Staff replied they wanted to preserve the option for Council. Staff does not believe that road will ever be needed, and if Council agrees, the developer will be allowed to build a house on that lot. Councilmember Fitch noted this is adjacent to parkland and asked what the access will be to the park if there is no road to the property. Parks and Recreation Director Distad replied a trail will go along the west side of the development. As this is a wetland, there would be soft trails through the area. The area will be left as open space. The park would be in the southeast corner of the development, next to the Giles property. Councilmember Soderberg stated at the workshop he wanted 198th Street envisioning it would be straight across to Diamond Path. The way 198th Street is laid out, it would not do anythini to alleviate traffic. Traffic Engineer Johnson stated the City does not need 198t Street to serve the area as an access to Akin Road. There will be connections at 203rd Street, Devonport and 19Sth Street. This will serve the entire area. Lakeville is proposing a development south of 160th Street and north of 170th Street. They will be platting enough right-of-way for eventually a four-lane road going north and south. This would be the connection to the north-south road through Farmington. Staff felt there would be a need for another north-south road further to the east to connect with 20Sth Street. There are two options. Staffprefers option 1 which connects with 208th Street across from the Middle School. Option 2 is further to the west and would connect with Dallas Avenue. There are some unresolved issues with the 208th Street connection as far as sight lines. That issue will be addressed and resolved as part of the 20Sth Street feasibility report. This north- south route would connect with lS9th Street to the north. Council Minutes (Regular) November 1, 2004 Page 8 Mr. Gordon Chant, 20630 Dallas Avenue, stated the connection by the school is not a straight intersection. Traffic pulls into the stub street to let children off for ball games and then they back out onto the street. Mr. Jim Calverley, 4195 206th Street, was concerned with the traffic when ball games are on and soccer. With the size of 208th Street, he felt parking lots are needed. There is a lot of parking on all the streets. Mr. Chant asked ifparking would be allowed on 208th Street if the street goes through to Hwy 3. Staffwill have to discuss the parking issue at that point. Mr. Jeremy Heetland, 20635 Dallas Avenue, was concerned with the width of Dallas Avenue. It would not be able to handle the volume of traffic. Mr. John Kornmann, 18886 Eaglewood Trail, stated he would pay right now to not do option 2. The residents on Eaglewood Trail where the plan has changed, did not plan on having a through street going south. He bought his house with the expectation of there being four lots and a dead end. All traffic will come down 189th Street for the connection to the north-south route. Residents do not have any idea this connection is coming. He felt all new development should be on the map so everyone knows what to expect. He does not agree with connecting neighborhoods. Staff stated the Thoroughfare Plan is intended to be an indication of where staff feels roads should be. There will be challenges with the wetland west of the north-south road in Riverbend. Since 2000 staffhas proposed to connect 189th Street with 195th Street and also have Embers Avenue connect with 195th Street. Mr. Dave Pritzlaff, 20255 Akin Road, agreed 198th Street is not needed. Traffic will take Akin Road or go north to get to Pilot Knob Road. He noticed staff is proposing the speed limit on the north-south road to be lower than Akin Road. With it being straighter, he felt the north-south road should be 50 mph. He spoke to residents on the east side of Embers and north of 195th Street. To extend 195th Street to the north, several trees would have to be removed. Residents would like 195th curved to the south to save the trees and reduce speeding. He asked if signs could be posted on Embers reading Children Playing and have the police write tickets to alleviate the speed. Police Chief Siebenaler stated each officer will make their own decision as far as speed based on what will go through court. Low level speed tickets will not be sustained in court and in return the City could lose legitimate claims. There was an increase in speed on Embers Avenue with the 30 mph speed limit signs. We have to be careful how we design roads. The north-south road becomes another Pilot Knob Road. It will not eliminate the need for streets such as Embers Avenue that make connections to main roads. By designing the roads properly, traffic is directed to the roads where we want the traffic to go. The City does not determine speed limits. Speed limits are determined by MnDOT. Council Minutes (Regular) November 1, 2004 Page 9 Councilmember Soderberg asked if enough right-of-way is being reserved for a four-lane road. Staff replied east of Diamond Path is Giles Corp., west is the Manley Development. The plan shows 120 ft. right-of-way which is enough room for an undivided 4-lane road with trails on both sides. Traffic Engineer Johnson stated what will create the need for more than what the road needs, for a divided road there should be a 16 ft. median with two lanes on either side which comes to 72 ft. You need to decide how much room you want outside of that for trails, snow storage, etc. Pilot Knob Road is 150 ft. Councilmember Soderberg would like to see trails on both sides of the north-south road. If this plan is approved, these proposed roads will be placed on the Thoroughfare Plan that is included in the Comprehensive Plan and sent to the Met Council. As far as notifying residents of potential roads, signs are placed noting possible through street. Staff will continue to work with developers on notifying potential home owners of through streets. Mr. James Munro, 18863 Embers Avenue, sees more traffic on Embers and speeding. He has been coming to Council for three or four years trying to stop the speeding. Mayor Ristow explained the City has enforced the speed limit, put up the radar sign, posted speed limit signs, etc. Mr. Munro stated he moved to a neighborhood, not a street. He expects people that go past his house to respect that he has children and go the speed limit. He felt there was three times the amount of traffic on Embers than on Akin. He does not understand having busy roads past schools. He was asking Council to not put more traffic on Embers. The traffic cannot be controlled now. He would think the Engineers could come up with one more plan that does not line up with Embers. Mr. Munro stated the City does not have anything in writing from Lakeville that the road will be going through. We only have a developer that will be building houses. Embers is a minor collector and he does not see anything special about safety on his street. The City must not have seen people living there, just a house. Weare neighborhoods. Any vehicle that comes through their neighborhood should be considered a guest. Mayor Ristow replied he understood, but it is a 44 ft. wide street. Mr. Munro stated he was asking to make Embers safer. No one in the neighborhoods is aware this is happening. Mayor Ristow stated we have to continue to work on these problems. We have made progress and we allowed overtime for our officers to patrol all areas with speeding. Mr. Munro stated they do not need more traffic and asked Council again to ~ another design. Traffic Engineer Johnson stated residents living south of 195 Street and wanting to go north will use Embers whether the connection is opposite Embers or offset. There will be additional traffic on Embers because of the new development and Embers is a minor collector. If people want to use Embers, they will use it. The north- south road will take some traffic off of Embers south of 189th Street. Staff noted the road between 195th Street and the north-south road will be serpentine and 32 feet wide to promote traffic calming. Council Minutes (Regular) November 1,2004 Page 10 Mayor Ristow agreed with option A for the Thoroughfare Plan. He would like to leave the lot open in Parkview Ponds for the 198th Street connection until it is fully developed. Re-visit this in 2-3 years and ifthere is not a problem with not having the 198th Street connection to Akin, then use the lot for a house. He would like to see the 19Sth Street and Embers intersection offset, but that will not accomplish anything. Councilmember Soderberg also liked option A. The suggestion has been to plat the 198th Street connection as an outlot and it would be the size of a residential lot. If the connection is not needed, it would revert back to the developer. He asked staff to work on getting Option 1 to work at 20Sth Street. The plat indicates some traffic calming for Embers so he felt the intersection of Embers and 195th needs to remain aligned. Councilmember Fogarty agreed with Option A and wanted to leave the lot stubbed out for the 198th Street connection to Akin until they see how traffic is flowing. Councilmember Fitch also agreed. Councilmember Cordes agreed with option A and felt it was necessary to leave the 198th Street connection stubbed out. MOTION by Soderberg, second by Cordes to approve option A of the Thoroughfare Plan Amendment. APIF, MOTION CARRIED. Mayor Ristow urged future Councils and staff to show these connections on plats so potential home owners are informed prior to purchasing their lot. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Encouraged residents to vote. Councilmember Soderberg: Reminded citizens winter parking restrictions went into effect November 1, 2004. He asked ifthere will be warnings issued first. Police Chief Siebenaler stated it has been standard practice to issue warnings for the first two weeks. It is the responsibility of residents to inform visitors that two weeks from now there will not be warnings, but tickets will be issued. The police have been receiving some calls regarding the nearly completed Main Street project. They will not be penalizing people if they cannot get to their driveways. They will be getting warnings. Permits are available for guest over-night parking on the street if there is no snowfall. Councilmember Soderberg suggested this be posted on the notices section of the website. Police Chief Siebenaler: There has been a request by the school to add another school resource officer. It is not a done deal. Staffwill be meeting with the school tomorrow to finalize an agreement to be presented to Council and the School Board. Council Minutes (Regular) November I, 2004 Page II Mayor Ristow: There will be a Council/Planning Commission Workshop on November 3 at 5:30 and a Special Council Meeting at 4:30to canvass election results. He wished the candidates good luck and reminded everyone to vote. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 10:06 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ h-?~ Cynthia Muller Executive Assistant COUNCIL MINUTES SPECIAL CANVASS ELECTION RESULTS November 3, 2004 1. CALL TO ORDER Mayor Ristow called the meeting to order at 4:30 p.m. Present: Ristow, Fitch, Fogarty, Soderberg Absent: Cordes 2. APPROVE AGENDA MOTION by Soderberg, second by Fogarty to approve the agenda. APIF, MOTION CARRIED. 3. ACCEPT RESULTS OF NOVEMBER 2,2004 MUNICIPAL ELECTION Kevan Soderberg was elected Mayor, and David McKnight and Dave Pritzlaff were elected to Council. MOTION by Fogarty, second by Fitch to accept the results of the November 2, 2004 municipal election. APIF, MOTION CARRIED. 4. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 4:32 p.m. APIF, MOTION CARRIED. Respectfully submitted, -} 7 ~h-7~ Cynthia Muller Executive Assistant CITY COUNCIL/PLANNING COMMISSION WORKSHOP MUSA RECOMMENDATIONS MINUTES November 3, 2004 1. CALL TO ORDER Mayor Ristow called the meeting to order at 5:30 p.m. for the City Council. Chair Rotty called the meeting to order at 5:30 p.m. for the Planning Commission. Council Present: Ristow, Fitch, Fogarty, Soderberg Planning Commission Present: Rotty, Barker, Johnson, Larson, Richter 2. APPROVE AGENDA MOTION by Soderberg, second by Fitch to approve the agenda. APIF, MOTION CARRIED. 3. INTRODUCTIONS 4. DISCUSSION OF MUSA RECOMMENDATIONS Staff gave Council and the Planning Commission an overview of the MUSA recommendations made by the MUSA Review Committee at their last meeting. Council already granted MUSA for the Manley property and all properties shown in yellow on the MUSA map. Properties with letters are within the city limits, and those with numbers are in either Empire or Castle Rock Township. The committee has recommended the northern two-thirds portion of the Christenson property receive MUSA if it is removed from the ag preserve program for school use. There were 744 acres left for MUSA through 2010. After the current recommendations for MUSA there are 216 acres available to distribute for MUSA through 2010 ifthe City does not ask the Met Council for more MUSA. It was suggested to leave land available at one of the school sites, as the pressure to develop around the school will be tremendous. As part of good planning, granting MUSA expedites the need to update the comprehensive plan. The Planning Commission suggested asking the Met Council for the remaining MUSA available. The MUSA Review Committee would reconvene in 2006 when more land is scheduled to be recommended for MUSA. The MUSA Review Committee discussed having a standing committee that would be available when needed. If Council decides there is too much growth in 2006, land scheduled for 2006 could be moved back to 2007. If the east-west corridors are not completed, some of this development could be delayed. If there ends up being less development than planned, land scheduled to receive MUSA later could be brought forward. The size of the Seed-Genstar property almost doubles the number of houses in the City. There are approximately 25 acres commercial. Chair Rotty was concerned whether that is enough commercial. The entire area is 850 acres. Staff proposed convenience type stores along hwy 3 and wanted traffic to come downtown for shopping. Council/Planning Commission Workshop November 3, 2004 Page 2 There has been some discussion regarding the properties between Akin Road to the west and Giles/Murphy property to the east. The owners have asked for MUSA and they are in support of the idea of some sort of coordinated development in that area. The Committee recommended the properties receive MUSA upon plat approval. Property 6 is township property and there is a portion of the property east of the tracks and west of the tracks. The township feels they could serve the portion east of the tracks with sewer and water, but staffis unsure ifit is a good idea to split the property. Staffwill discuss this property and properties to the north with Empire township. The Committee recommended MUSA for 2006 for property Q2. On the east side, there is the American Legion property and the Frandrup property. The company looking at the American Legion property is also looking at the Frandrup property. The committee recommended granting MUSA upon annexation. There is a limited amount of sewer capacity on the east side. Engineering is working on an analysis of the sewer capacity. Staffwill subtract the amount of capacity needed for a school site on the Angus property. Once that is subtracted staff can determine how many housing units the remainder would serve. This would assist in determining which properties receive MUSA. Council can either prolong the MUSA review process and reconvene the committee, or conclude this phase of the MUSA process and reconvene the committee at a later time. Staff would prefer the latter. In 2005 there could be informal discussions with property owners to determine a timetable. Properties to the south were discussed and all agreed it would be best to extend 220th west to the Pilot Knob Road extension. Staff asked some developers to predict how many houses they would build and when. Maximum numbers are 860 homes in 2009. Staff anticipates the process for building permits will be handled differently in the future to keep up with the pace. Obtaining outside help would be a last resort. Chair Rotty would like to see the levels ramping up and then leveling off. Once the school site is chosen staff asked if these groups want to meet again once Engineering has their numbers together or should staff delay convening the MUSA committee. Council felt these numbers would be beneficial for the school district. It was agreed the current committee should meet to discuss phasing of these properties to the east. Mr. Bruce Rydene, representing Mr. Dave Adelmann, stated parcel S is zoned residential and asked how it does not fit to receive MUSA. They have developed a medium density residential plan. The Planning Commission felt the plan did not meet the criteria. Councilmember Fogarty explained the top two criteria for granting MUSA are helping with transportation corridors and increasing the commercial and industrial base. The Adelmann property does not meet either of these criteria. There is a limited number of acres guaranteed and the residential accepted also met other goals. Chair Rotty asked about parcels T and U. Staff mentioned they would wait to grant MUSA until the preliminary plat is approved. He asked if this should be a similar requirement for larger parcels, such as parcel 9 for example. He asked if there should be Council/Planning Commission Workshop November 3, 2004 Page 3 a conceptual plan before MUSA is granted. Staff replied parcel 9 does have a concept plan. Staff is going by the size of the property and the size of the development. The larger the size of the property the more expense there is for a developer to prepare a concept plan when granting MUSA is uncertain. Council and Planning Commission agreed this MUSA process and the Thoroughfare Plan are the most important items that have occurred for the City. The MUSA process should be seen as an opportunity for the growth of Farmington. Staffwill bring the MUSA recommendations to the Council on November 15, 2004. This work will be used for the amendment to the Comprehensive Plan. Mr. Colin Garvey asked about the MUSA granted to the Peterson! Adelmann properties and what happens if they pull out. Council clarified only the commercial area has been granted MUSA. No one has contractually agreed to put the roads in, but the only way their development will occur is for the developer to put the roads in. Council advised staff to get situations worked out with the environmental agencies before development occurs. The Planning Commission will review all this information again at the November 9, 2004 Planning Commission meeting and their recommendation will be forwarded to the November 15, 2004 Council meeting. Staffwill also notify newly elected Councilmembers of this information. 5. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 7:24 p.m. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to adjourn at 7:24 p.m. APIF, MOTION CARRIED. Respectfully submitted, // . -c /", ').'7 ~? /.;;:"/ ~C;;<L~ /,,v/ u.k:tC;<-./ (/ Cynthia Muller Executive Assistant 76 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fannington.mn.us TO: Mayor, Councilmembers, and City Administrator ~ FROM: Randy Distad Parks and Recreation Director SUBJECT: Approving Submittal of an Application for Landfill Abatement Funds from Dakota County DATE: November 15,2004 INTRODUCTION Dakota County has provided landfill abatement funding assistance to communities in Dakota County since 1989. DISCUSSION Dakota County Board Resolution No. 88-651 states that the County's portion of funding of recycling implementation and operating costs incurred by cities and townships will be through performance based funding. Communities over 5,000 in population are eligible to receive a $5,000 base per community plus $1.60 per household, based on 2002 Metropolitan Council household estimates. These funds assist the City in producing and distributing literature, promotional items, and events that promote waste reduction and recycling programs in Farmington. BUDGET IMPACT The year 2005 maximum reimbursement for Farmington is $12,957. RECOMMENDATION Approve the attached resolution approving submittal of a grant application to Dakota County. ~YD~ Randy Distad Parks and Recreation Director RESOLUTION NO. R -04 APPROVING AN APPLICATION FOR WASTE ABATEMENT FUNDING ASSISTANCE 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 15th day of November, 2004 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, according to Dakota County Board Resolution No. 88-651, Dakota County presently provides funding assistance for landfill abatement activities based on performance based funding; and, WHEREAS, the City presently has an integrated resource recovery system of which curbside pickup of yard waste and recyclables are major components, and would be eligible for funding under the County program. NOW THEREFORE, BE IT RESOLVED that the application for Dakota County Waste Abatement Funding Assistance, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and directed to execute and forward the 2005 Community Funding Application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of November, 2004. Mayor Attested to the day of , 2004. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarmington.mn.us 7~ TO: Mayor, Councilmembers, City ArJ.mmiJitra~ Lisa Shadick, Administrative Services Director FROM: SUBJECT: Accept Resignation - Heritage Preservation Commission DATE: November 15, 2004 INTRODUCTION Patrick Garofalo has submitted his resignation from the Heritage Preservation Commission. DISCUSSION A copy of Mr. Garofalo's resignation is attached. Staffhas researched the files and has found that we do not have any applications on file for the HPC. The term for this seat is through 1/31/06. This vacancy will be included in the annual Boards and Commissions interview process held in January. ACTION REOUESTED Accept the resignation of Patrick Garofalo from the Heritage Preservation Commission. Respectfully submitted, ~ II J!tc(~ Lisa Shadick Administrative Services Director Nov 04 2004 10:4?AM ALLIAN2 LIFE 0 ?S3?S52S2S p. 1 Thursday, November 04, 2004 /f+h .' L(S~ Sh~Jc To Whom It May Concern: On November 2nd, 2004 I was elected to the Minnesota State House of Representatives. This election forces me to leave my duties as a member of the HPC. It is with much sadness that I inform you of my resignation from the Farmington HPC, effective Wednesday, November 3rd. It has been an honor to serve on the HPC and an experience I will never regret. Please continue your hard work on behalf of historic preservation. Sincerely, Pa lckGarofalo 5997 193rd Street West Farmington, MN 55024 651.463.2112 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7J Mayor, Councilmembers, City Administrator ~ Lisa Shadick, Administrative Services Director TO: FROM' ~ SUBJECT: Various Licenses and Permit Renewals DATE: November 15,2004 INTRODUCTION City Ordinance 3-2-5 states that the Council has the authority to approve both On-Sale and Off- Sale Beer Licenses; Ordinance 3-25-7 regulates the granting oflicenses for Billiard Halls; Ordinance 3-7-3 regulates the granting of Cigarette Licenses; Gaming Device Licenses are renewed by the City Council after application has been made in accordance with Ordinance 3- 16-2. DISCUSSION The following establishments have submitted their applications for renewal: Beer On-Sale - Beer Off-Sale - B & B Pizza, 216 Elm Street New Moon Buffett, 115 Elm Street Farmington Super USA, 22280 Chippendale Oasis Market, LLC, 705 8th Street Kwik Trip, 217 Elm Street Speedway SuperAmerica, 18520 Pilot Knob Road Econofoods, 115 Elm Street Farmington Lanes, 27 5th Street Farmington Billiards, 933 8th Street B&B Pizza, 216 Elm Street Gaming Device License - Billiard License- Cigarette License - Farmington Billiards, 933 8th Street Farmington Lanes, 27 5th Street American L~ion, 10 North 8th Street VFW, 4213 Street Farmington Eagles Club, 200 3rd Street Farmington Municipal Liquor Store, 18350 Pilot Knob Road Farmington Municipal Liquor Store, 305 3rd Street Farmington Conoco, 957 8th Street Econofoods, 115 Elm Street Farmington Super USA, 22280 Chippendale Blvd K wik Trip, 217 Elm Street Oasis Market, 705 8th Street Brite Spot BP Convenience Store, LLC, 18266 Pilot Knob Road Speedway SuperAmerica, 18520 Pilot Knob Road The appropriate forms, fees and insurance information have been submitted with the applications. Police Chief Dan Siebenaler has reviewed the forms and approved the applications for issuance. BUDGET IMPACT The fees collected are as proposed in the revenue portion of the budget. ACTION REQUESTED Approve Licenses for the above mentioned applicants. Respectfully submitted, ~d,~ack;L Lisa Shadick Administrative Services Director 7e 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 ~ Lisa Shadick, Administrative Services Director FROM: r SUBJECT: Middle Creek Historic Cemetery Project DATE: November 15, 2004 INTRODUCTION At the November 4, 2004 Heritage Preservation Commission meeting, the Commission approved a project to improve the trail to the Middle Creek Historic Cemetery. DISCUSSION Mr. Billy Samuelson from Farmington Boy Scout Troop #119 presented an Eagle Scout project summary and outline for the Middle Creek Historic Cemetery. The project would identify the trail entrance and clear the path to the cemetery. The path currently has fallen trees and overgrown brush making the trail difficult to navigate. The boy scouts will open up the trail by removing the brush and fallen branches. City staff will remove barbed wire fencing that crosses the path and cut up the fallen trees into manageable pieces. Directional signs will also be placed to help guide visitors to the cemetery. Mr. Samuelson will be the leader on this project and will work with other scouts and parent leaders. Attached is the project summary outlining the trail restoration of the Middle Creek Historic Cemetery. BUDGET IMPACT Any funding required will be done by fundraising efforts of Mr. Billy Samuelson and Troop 119. ACTION REOUIRED Approve the trail restoration project of the Middle Creek Historic Cemetery by Troop 119. Respectfully submitted, ~d.#c~ Lisa Shadick Administrative Services Director Boy Scout Eagle Scout Project Middle Creek Historic Cemetery In the City of Farmington, MN.. By Billy Samuelson Life Scout Troop 119 Scoutmaster: Jim Harper November 2004 Billy Samuelson 18414 Eldorado Way Farmington, MN 55024 651-463-4678 Boy Scout Eagle Scout Project Middle Creek Historic Cemetery In the City of Farmington, MN. Table of Contents Project Summary... . .. .. . . .. . .. . . . .. . .. . . . . .. . . .. .. . . . . . .. . . . .. . .. . . . . . .. . . . . . . . .. . . . .. ... . . .. . .. . . . ..1 Project Outline. ................................................... ...................................2 Pictures. .. . .. . .. . ... .. .. . ... . ... . . .. . ... ... ... .... .. . .. .... .. . .. .. . . .. . ... .. .. .. .. . . ... ... ... . ..... . ....4 E-mail from Randy Distad. . . . . . . . . .. . . . .. . . .. . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ..5 Map. .. ... . . . . ..... ... .. .. . . . . . . .. . ... . .. .. . . . . . . ... . .. . . . . . . . .. . . . . . . . .. . .. . . .... . .. ...... . . . . .. ... . .. ..6 Project Summery Objective I My plan is to have a clearly identifiable entrance, along with proper and appropriate signage. 1bis would convey to visitors that they are on city property and should respect the area. Objective n Doing some restoration work on the head stones would help preserve them currently there are several which are in a state of disrepair. 1 Project Outline Entrance & Trail . Clearly identify the trail head. . Open up the trail head entrance. Maybe install a split rail fence. . Clear the existing path of fallen & dead trees. . Remove wire fence from fence posts and discard. . Provide direction signs* at entrance & at trail fork. *Design, placement, cost and installation to be provided by park district. Cemetery Plat . Repair & straighten fallen head stones. Cement in and clean up. . Install a park bench. * (suggested by Randy Distad) See E-mail attachment *Design, placemen~ cost and installation to be provided by park district . Install a park history plague outlining the cemetery name and dates. * (Approved by H.P.C.) Possible signs . No Dumping . City Property . Nature area . Park hours . Name Middle Creek Historic Cemetery . No loitering . No motorized vehicles Tools that I wHl need to obtain . Rakes . Shovels . Wheel barrows . Post hole digger . Wire cutters. . Chain saw* . Pruning sheers . Hammers . Safety glasses Most of the item I can ask for the scouts to bring from there home the day of the project. The ones with the * I might have trouble getting. 2 Workers . My main source of labor will be Boy Scouts and parent leaders. Funding . Seek donations form different sources. . Troop fundraising. . Local area civic groups. . Local area businesses. Concerns I have . What I should do the old wire fence after it is taken out? . What to do with the fallen trees; push to the side or log it out? . Can the fence posts be left in the ground because they are not in the way? Safety . There will be a number of adults who are trained for first aid if an accident were to occur. . I know first aid, and we will always have a cell phone & a first aid kit on site. Some general notes & comments . I will be contacting the Natural Resources Specialist to identify the fallen tree types. Maybe some one would cut the tree up in exchange for the wood? Would insurance be an issue? . I would like to start now and work on and off on it till the snow covers come then complete the project in the spring.r 3 I I was thinking that I could maybe do I something to accent the trailhead a little. more. Make it more visible to the i publIc. - 1=-_- r I want to rejoin this fallen tombstone and recast it in concrete. 4 s"bject: RE: Eagle Scout Project Farmington Cemetery Date: Fri, 29 Oct 2004 09:56:31 -0500 From: "Randy Distad" <rcIistad@CI.FARMINGTON.MN.US> To: "Billy Samuelson" <speedracer2106@yahoo.com> cc: "Lisa Shadick" <lshadick@CI.FARMINGTON.MN.US> Billy, I would also like to suggest that you contact Lisa Shadick who is the staff liaison to the Heritage Preservation Commission for her ideas. Lisa has been involved with improving the cemetery for several years now. I know that there was a landscape improvement plan developed that Lisa could provide more information to you about While I am not an expert about what might be allowed in the cemetery, I would defer that to Lisa regarding what is or isn't anowed, I do have some ideas that might work. It might be nice to have a few heavy duty and sturdy benches near the cemetery where people could sit. A wood chip or crushed limestone path might be nice leading people up to the cemetery. Perhaps a sign would be nice identifying the cemetery. Some of the brush and broken branches could be deaned up and removed from the site. These are just some of my thoughts. Again I think it is best if you wor1<. with Lisa on what is or isn't allowed for improvement projects in the cemetery. Randy Distad, CPRP Parks and Recreation Director City of Farmington phone: (651) 463-1851 fax: (651) 463-2591 A parks and recreation directorwho likes to work at play and play at work! -----Qriginal Message----- From: Billy Samuelson [mailto:speedracer2106@yahoo.com] Sent: Thursday, October 28,20047:11 PM To: Randy Distad Subject: Eagle Scout Project Farmington Cemetery Dear Mr. Distad, My name is William Samuelson. I ama sophomore at FHS. I am also a Life Scout doing an Eagle Scout project in conjunction with the City of Farmington Heritage Preservation Committee as well as the Parks and Rec. Dept. My father Edgar Samuelson is currently on the Heritage Preservation Commission. I am preparing my report for the groups and would like to solicit your input. I would be curious if you would make some recommendations for the old cemetery on Eaves Way. 5 Eaves Way Parking A recognizable station of some sort Tree Line Possible sign ~ --. '" r Possible direction sign Readable hea . d stone. Just tippe over 6 Shrub Line 00 ~ Head ~ stone , bases with broken ; stone around the area ~/ 7r: 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 City Administrator FROM: Daniel M. Siebenaler, Police Chief SUBJECT: School Resource Officer Agreement DATE: November 15, 2004 INTRODUCTION The School Board of Independent School District 192 has requested the addition of a second School Resource Officer to work for the District. In response, City and School District staff have cooperatively drafted a new School Resource Officer Agreement for approval by each Board. DISCUSSION Independent School District 192 is requesting that a second School Resource Officer be hired. In response to that request staff members from both the City and School met to address concerns. The primary concerns of the City were the shortage of existing staff to fill the role and the absence of a SRO position in the 2005 budget. School Resource Officers are members of the Investigations Division and the addition of a second SRO would require a promotion from the ranks. The School District had some minor concerns with language in the current School Officer Agreement. In response to all of these concerns the attached Agreement has been drafted. It has been reviewed by the City Attorney and was approved by the School Board ofISD192 at its meeting of November 8, 2004. The Agreement calls for the establishment of a second SRO position whose primary responsibility would be the Farmington Middle Schools. Since the position is not funded in the 2005 City Budget the position would be funded by the School District for the first year. In the second and each subsequent year the position would be funded on a pro-rated basis in proportion to the amount of actual time spent working for each entity. In order for the Police Department to provide a SRO at the earliest possible date staff is requesting that a new position be authorized. Since it will take three additional months to train a replacement officer, staff is also requesting, under separate cover, that Council authorize the filling of the position as soon as possible. This action would allow the City to provide a second SRO as early as March 1, 2005. BUDGET IMPACT The cost of wages and benefits for a School Resource Officer for ten months in 2005 is estimated to be $63,500.00. That amount is subject to slight variation based on actual officer longevity benefits. During the first year of implementation the new SRO position would have no impact on the City Budget. During the preparation of the 2006 City budget staff will recommend that the City include this position as an Expenditure for one of the new police officers needed for that year as outlined in the Police Department 5-year staffing plan. Payment from the School District would be included in the Revenue portion of that same budget. The position would be available to the City for approximately two months from June 15 to August 15 therefore the real expenditure to the City in 2006 would be approximately one-sixth of the total cost. ACTION REQUESTED Authorize the execution of a School Resource Officer Agreement between the City of Farmington and Independent School District 192. Respectfully submitted, Daniel M. Siebenaler Chief of Police POLICE / SCHOOL RESOURCE OFFICER AGREEMENT INDEPENDENT SCHOOL DISTRICT 192 AND CITY OF FARMINGTON This agreement is made and entered into the date and year set forth below between Independent School District 192, a Minnesota Municipal Corporation (Hereinafter "School District") and the City of Farmington, a Minnesota Municipal corporation (Hereinafter, "City") regarding the expansion of the Police School Resource Officer (Hereinafter, SRO) program. Recitals Whereas, for purpose of the Agreement, the School District's participating schools are: Farmington High School, Farmington Middle School East, Farmington Middle School West, Farmington Elementary School, Akin Road Elementary School, Meadowview Elementary School, and District Kindergarten Center and; Whereas, the SROProgram has mutually benefited the School District and the City and; Whereas, an expansion of the program to include two SRO positions would further benefit both parties and; Whereas, the parties enter into this agreement pursuant to Minnesota Statutes 471.59. Now therefore, the parties hereto agree as follows: Section 1. Purpose. The purpose of this agreement is to replace an existing SRO Agreement and to establish the rights and responsibilities of parties to this Agreement. Section 2. Job Description. The job description for the SRO positions is attached as Exhibit A. The officer for the new position as well as any replacement officer shall be jointly selected and accepted by the School District and the City. The officers will remain employees of the City of Farmington and will report to the Sergeant in charge of the Investigations Division of the Farmington Police Department, or others in the Department as determined by the Chief of Police, but will consult on a routine basis with the School District. Section 3. Uniforms, Equipment and Housing. The City will provide a vehicle, uniforms and duty equipment as identified in the Labor Agreement with Law Enforcement Labor Services. The School District will provide suitable office space including telephone, computer with e-mail connection and office supplies and equipment unique to the position. Each of these will be provided at no cost to the other party. Police / School Resource Officer Agreement Page 2 Section 4. Funding. The City and School District will establish this Agreement with funding provided internally by both parties as described herein: . During the first calendar year of this agreement, as it pertains to the newly created SRO position, the School District will pay 100% of the expenses identified in this section. . During the first calendar year of this Agreement, expenses associated with the previously existing SRO position will be pro-rated to each party based on actual use of the officer's time. . During the second and all subsequent years, all costs associated with the SRO program will be pro-rated to each party based on actual use of both officers' time in the previous year and the projected or anticipated use of officers' time in the upcoming budget year. . The Chief of Police for the City of Farmington will be responsible for preparing any schedules and estimates of expenses for the City and School. Issues or disputes regarding cost allocations under this Agreement shall first be reviewed by the Chief of Police and the chief financial officers for the City and School. If any matters remain unresolved following this referral, the matter shall be forwarded to the City Administrator and School Superintendent who shall resolve the matter by any mutually agreeable dispute resolution mechanism. The following expenses are included in the shared expenses: 1. Officer's Salary 2. Health Insurance 3. Life Insurance 4. PERA 5. Vacation, Compensatory Time Off and Sick Leave 6. Worker's Compensation 7. Mandatory Continued Education Training Section 5. Overtime / Compensatory Time. Any overtime generated, either in the form of Time and One Half compensation or in the form of compensatory time off, will be the sole financial responsibility of the party generating the overtime / compensatory time. It shall be paid in accordance with the most current labor agreement with Law Enforcement Labor Services Inc.(LELS) Section 6. Payment. The City shall maintain records of all expenses as identified and will provide an invoice to the School District quarterly during each year of this Agreement. The School District will make payment to the City within 30 days of receipt of the invoice. Police / School Resource Officer Agreement Page 3 Section 7. Term. This Agreement shall commence on December 1, 2004, and subject to satisfaction of outstanding obligations, may be terminated on thirty- (30) days' written notice by either party. Section 8. Employment. The SRO is an employee of the City of Farmington and shall not be considered an employee of the School District for any purpose, including but not limited to salary, other compensation or benefits, workers compensation, PERA, Social Security, liability insurance, personnel recordskeeping, disciplinary action, individual contracts or other contract rights. Section 9. Evaluation. Designees of the City and School district will evaluate the SRO positinand program annually. Recommendations for improvement will be made and implemented based on the evaluation. Section 10. Indemnification by the City. The City shall indemnify, hold harmless and defend the School District, it's elected officials and employees against any and all liability, loss, costs, damages, expense claims or actions which the School District, it's officers and employees may hereinafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, it's agents, servants or employees, in the execution, performance or failure to perform the City's obligations pursuant to this Agreement. Section 11. Indemnification by the School District. The School District shall indemnify, hold harmless and defend the City, it's elected officials and employees against any and all liability, loss, costs, damages, expense claims or actions which the City, it's officers and employees may hereinafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the School District, it's agents, servants or employees, in the execution, performance or failure to perform the School District's obligations pursuant to this Agreement. Section 12. Agreement. This Agreement may be changed at anytime, with mutual consensus of the City and the School District. Police I School Resource Officer Agreement Page 4 In Witness Whereof, the parties have executed this Agreement the day and year first above written. CITY OF FARMINGTON By Mayor Date By City Administrator Date INDEPENDENT SCHOOL DISTRICT 192 By School Board Chair Date By Superintendent of Schools Date c'U~"R ~rJT AE R~e:~CtJI POLICE/SCHOOL LIAISON OFFICER AGREEMENT INDEPENDENT SCHOOL DISTRICT 192 AND CITY OF FARMINGTON This agreement is made and entered into the date and year set forth between Independent School District 192, a Minnesota Municipal Corporation (Hereinafter "School District") and City of Farmington, a Municipal Corporation (Hereinafter "City"). Recitals Whereas, for purpose of the Agreement, the School District's participating schools are: Farmington High School, Farmington Middle School, Farmington Elementary School, Akin Road Elementary School and Farmington ALC and; Whereas, a Police/School Liaison Officer will mutually benefit the School District and the City and; Whereas, the parties enter into this agreement pursuant to Minnesota Statutes 471.59 and; Now therefore, the parties hereto agree as follows: 1. Purpose. This Agreement is contingent upon receipt of funds pursuant to the 1995 U.S. Department of Justice Grant and subject to the terms of said Grant as applicable. 2. Job Description. The job description for the Police/School Liaison Officer is attached as Exhibit A. The officer shall be jointly accepted by the School District and the City. The officer will remain an employee of the City of Farmington and will report directly to the Chief of Police, but will consult on a routine basis with the School District. 3. Uniforms and Equipment. The School District will provide suitable office space and telephone. The City will provide uniforms and duty equipment. Each of these will be provided at no cost to the other party. 4. Funding. The City and School District will create this position with the assistance of a U.S. Department of Justice Grant. During the first two years of this contract, the City and School District will equally share those expenses not covered by the U.S. Department of Justice Grant. During the third and subsequent years, costs will be pro rated to each entity based on actual use of the officer's time. Police/School Liaison Officer Agreement Page 2 The following expenses are included in the shared expenses: A. Officer's Salary B. Health Insurance C. Life Insurance D. PERA E. Vacation and Sick Leave F. Worker's Compensation G. Training 5. Overtime. Any overtime generated will be the sole financial responsibility of the entity generating that overtime. It shall be paid in accordance with the labor agreement with Law Enforcement Labor Services Inc. of Minnesota. Any overtime generated by the School District will be billed by the City on a monthly basis and paid within thirty (30) days of receipt. 6. Term. This agreement shall commence on May 1, 1995, and subject to the terms of the U.S. Department of Justice Grant, may be terminated on thirty (30) days notice by either party. 7. Employment. The Police School Liaison Officer is an employee of the City and shall not be considered an employee of the School District for any purpose, including but not limited to . salary, wages, other compensation or fringe benefits, workers compensation, PERA, Social Security, Liability insurance, keeping of personnel records, disciplinary action, individual contracts or other contract rights. 8. Indemnification by City. The City shall indemnify, hold harmless and defend the School District, it's elected officials and employees against any and all liability, loss, costs, damages, expenses claims or actions which the School District, it's officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, it's agents, servants or employees, in the execution, performance or failure to perform the City's obligations pursuant to this agreement. 9. Indemnification by School District. The School District shall indemnify, hold harmless and defend the City, it's officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the City, it's officers and employees may hereafter sustain, incur or be required to pay, arising out of any negligent or willful act or omission of the School District, it's agents, servants, or employees, in the execution, performance or failure to adequately perform the School District's obligations pursuant to this agreement. Police/School Liaison Officer Agreement Page 3 In Witness Whereof, the parties have executed this Agreement the day and year first above written. CITY OF FARMINGTON By Mayor By City Administrator INDEPENDENT SCHOOL DISTRICT 192 By School Board Chair By Superintendent of Schools 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 Administrato~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation -Police DATE: November 15,2004 INTRODUCTION The recruitment and selection process for the appointment of a full-time Police Officer has been completed. DISCUSSION After a thorough review by the Police Department and the Human Resources Office, an offer of employment has been made to Breanna Dirks. Ms. Dirks is currently employed as a Security Officer for Southdale Shopping Center in Edina, MN, has worked as a Domestic Abuse Advocate for Project Peace and she has an Associates Degree in Law Enforcement. Ms. Dirks meets or exceeds the minimum qualifications for this position. BUDGET IMPACT This position is provided for in the 2005 proposed budget. Early hiring will allow the training to be completed so that a School Resource Officer may be provided to the School District per their request and contract. ACTION REQUESTED Approve the appointment of Ms. Breanna Dirks as a Police Officer in the Police Department, effective November 30, 2004. Respectfully Sub~ed1 #te^ct~~~;2:a/dt.. / Brenda Wendlandt, SPHR Human Resources Director cc: file 7A City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: M C '1 b C' Ad . . 1>11It{ ayor, OunC1 mem ers, 1ty mlllistrator' FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Retirement - Fire Department DATE: November 15,2004 INTRODUCTION The City received notice that Mr. Bob Curtis has retired from his position as a volunteer fire fighter. DISCUSSION The Human Resources Office received notification that Mr. Bob Curtis retired on July 21, 2004 from his position as a volunteer firefighter. Mr. Curtis joined the department on December 10, 1973 and has held various positions including that of Engineer, Captain, Training Officer and Assistant Chief. He has been a very active member of the department and was recognized as "Fire Fighter of the Year" in 2001. The City wishes Mr. Curtis well in his future endeavors. ACTION REQUESTED Acknowledge the retirement of Mr. Bob Curtis, effective July 21, 2004. Respectfully Submitted, / /1// / 12, / . -vt<. (/ ;'-1-- . \Y0!i2fJiL/~-i:t!/t1>/t!/caL l...._ _.' I 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 7' TO: M C '1 b C' Ad . . {}Plt/ ayor, OunC1 mem ers, lty m1mstrator ,. FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Retirement - Fire Department DATE: November 15, 2004 INTRODUCTION The City received notice that Mr. Gary Lawrence has retired from his position as a volunteer fire fighter. DISCUSSION The Human Resources Office received notification that Mr. Gary Lawrence retired on October 2, 2004 from his position as a volunteer firefighter. Mr. Lawrence joined the department on October 24, 1983 and has been one of the engineers responsible for maintaining equipment for many of those years. His knowledge of fire apparatus has been a great benefit to the department and he was recognized as "Fire Fighter of the Year" in 2002. The City wishes Mr. Lawrence well in his future endeavors. ACTION REQUESTED Acknowledge the retirement of Mr. Gary Lawrence, effective October 2, 2004. Respectfully Submitted, j /' ~;// r;- , /,'. 1/ .. '} " >L. ,~ ~/&,-, '" ~td(t(J;v;,t. ,. / 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 7- o FROM: Mayor, Council Members, City Admimstrator~ Kevin Carroll, Community Development Director TO: SUBJECT: (1) Joint Resolution for the Annexation of Six Properties Located Adjacent to Highway 50 and Currently Located in Castle Rock Township. (2) Resolution Approving Administrative MUSA for the Subject Properties Contingent upon Annexation DATE: November 15,2004 INTRODUCTION The owners of six (6) separate properties currently located in Castle Rock Township have petitioned for the annexation of approximately 8.5 total acres of property. The properties consist of four existing commercial businesses and two existing residential properties. In order to extend sewer service to the properties, the properties must be located within the Metropolitan Urban Service Area (MUSA). Since all of the individual properties are less than five (5) acres, the Council has the authority to grant MUSA without a recommendation from the MUSA Review Committee or the Planning Commission. DISCUSSION Annexation In August of 2003, the City of Farmington and Castle Rock Township entered into a Joint Powers/Orderly Annexation Agreement related to the Ash Street Reconstruction and Utility Improvements Project. One of the stated purposes ofthe Agreement was to "...facilitate the orderly annexation of identified properties receiving urban services." Section 8.0(B) of the Agreement provides that "Castle Rock Township hereby agrees to the annexation of those properties within the orderly annexation area that petition for...city provided sanitary sewer and water services." The properties identified on the attached Exhibit "A" are included within the orderly annexation area. The owners of the subject parcels have, through their annexation petitions, requested that the City provide the properties with sanitary sewer and water services. With regard to any properties that lie within the "Joint Powers area," the Joint Powers/Orderly Annexation Agreement provides that "Castle Rock Township and Farmington agree to adopt the necessary orderly annexation agreement amendments to this agreement to accomplish the annexation of the properties." The City Attorney has indicated that the proper mechanism for effectuating the required amendment of the Joint Powers/Orderly Annexation Agreement in this instance is a Joint Resolution. A proposed Joint Resolution has been attached for your review. Each individual Petition for Annexation is also attached which includes a draft version of assessment calculations. Metropolitan Urban Service Area (MUS A) A property cannot be connected to City Sewer unless it lies within the Metropolitan Urban Service Area [MUSA]. Subject to subsequent approval by the Metropolitan Council, the Farmington City Council decides which parcels ofland in Farmington will or will not be included within Farmington's portion of the Met Council's Metropolitan Urban Service Area. The City Council adopted a MUSA policy on November 3, 2003 that allows properties consisting of less than five (5) acres to be granted MUSA administratively. Administrative MUSA still requires approval by the City Council, but does not require a recommendation from the MUSA Review Committee or Planning Commission. A resolution approving MUSA for the subject properties (contingent upon annexation) is attached to this memo. RECOMMENDATION (1) Adopt the attached Joint Resolution regarding the annexation of approximately 8.5 total acres curre tly loca in Castle Rock Township. (2) opt the att ched Resolution regarding the extension of MUS A to the subject properties. co OJ L- <( C o 4-1 CO X OJ c c <( I .0 <:1 N ..-l ..-l ..-l Z..-l ......0 Qj a... 0 u XO L- lUll) lU 1-0 III a... 0 (]) L.. ~ " <l: ...... 0 III (]) C "0 (]) 0 C l.L.. 0 :;::; :J III 0 0 ..-l X CO 0 Qj 9lOlO00S00LO (]) N C >- u Nld xel c ...... L- <l: 0 lU a... D . 0 - . 0 . .-< 0'> . Qj 9Z0EOOOSOOLO . I . u Nld xel 0 L- lU a... 0 CO 0 .-< Qj 9ZlvOOOSOOLO u L- Nld xel lU a... City of Farmington " 0 Qj 6ZS1000S00LO d!LJsUMOl >1::>0'1:1 'mse:) LI) u Nld xel L- >- lU lU a... ~ ..c .0 Ol Qj 9lOS000S00LO I u Nld xel L- lU a... ( c ~ 0 ...... ~ Ol C "T .- E ~ L- lU l.L.. -f ..... 0 0 :E >- :J ...... III 0 =r- "0 E AeMLJ5!H . . z i I Ul o Q. o L- a.. <( 4-1 ..0 ..c X W I! / \ / rl I \ n I TOWN OF CASTLE ROCK CITY OF FARMINGTON IN THE MATTER OF THE JOINT RESOLUTION OF THE TOWN OF CASTLE ROCK AND THE CITY OF FARMINGTON, DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA TO THE DEPARTMENT OF ADMINISTRATION, BOUNDARY ADJUSTMENT OFFICE, PURSUANT TO M.S. ~4l4.0325 JOINT RESOLUTION The Township of Castle Rock and the City of Farmington jointly agree to the following: 1. That all of the owners of the properties described below have petitioned the City for annexation. The subject area consists of six (6) parcels totaling 8.5 acres. All six parcels abut the existing southern border ofthe City. The subject properties are legally described as: Parcel 6 - Tax ID : 070050005026 That part ofthe North Half ofthe Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monument at the northwest corner of said Section 5; thence easterly, along the north line of the Northwest Quarter of said Section 5, a distance of 461.49 feet to the point of beginning ofthe tract to be described; thence continuing easterly, along said north line of the Northwest Quarter of Section 5, a distance of 120.00 feet; thence southerly, perpendicular to said north line ofthe Northwest Quarter, a distance of 363.00 feet; thence westerly, parallel with said north line ofthe Northwest Quarter, a distance of 120.00 feet; thence northerly, perpendicular to said north line of the Northwest Quarter, a distance of363.00 feet to the point of beginning. Parcel 7 - Tax ID : 070050001529 All that part of the North Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monument at the northwest corner of said Section 5; thence easterly, along the north line of the Northwest Quarter of said Section 5, a distance of581.49 feet to the point of beginning ofthe tract to be described; thence continuing easterly, along said north line ofthe Northwest Quarter of Section 5, a distance of 134.66 feet; thence southerly, perpendicular to said north line ofthe Northwest Quarter, a distance of363.00 feet; thence westerly, parallel with said north line of the Northwest Quarter, a distance of 134.66 feet; thence northerly, perpendicular to said north line ofthe Northwest Quarter, a distance of363.00 feet to the point of beginning. ParcelS - Tax ID : 070050004126 All that part ofthe North Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monument at the Northwest comer of said Section 5; thence easterly, along the north line of the Northwest Quarter of said Section 5, a distance of716.15 feet to the point of beginning ofthe tract to be described; thence continuing easterly, along said north line of the Northwest Quarter of Section 5, a distance of 194.67 feet; thence southerly, perpendicular to said north line of the Northwest Quarter, a distance of363.00 feet; thence westerly, parallel with said north line of the Northwest Quarter, a distance of 194.67 feet; thence northerly, perpendicular to said north line ofthe Northwest Quarter, a distance of363.00 feet to the point of beginning. Parcel 9 - Tax ID : 070050003026 That part ofthe North Half ofthe Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, beginning at a point on the north line of said Northwest Quarter of Section 5, distant 910.82 feet east of the northwest comer of said Northwest Quarter; thence easterly, along said north line ofthe Northwest Quarter, a distance of 153 feet; thence southerly, perpendicular to said north line of the Northwest Quarter, a distance of363.00 feet; thence westerly, along a line drawn parallel with said north line ofthe Northwest Quarter, a distance of 153 feet; thence northerly, perpendicular to said north line, a distance of363.00 feet to the point of beginning. Parcel 10 - Tax ID : 070050002026 All that part of the North Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monument at the Northwest comer of said Section 5; thence easterly, along the north line of said Northwest Quarter of Section 5, a distance 1063.82 feet to the point of beginning of the tract to be described; thence continuing easterly, along said north line of the Northwest Quarter, a distance of 140.00 feet; thence southerly, perpendicular to said north line of the Northwest Quarter, a distance of 363.00 feet; thence westerly, parallel with said north line of the Northwest Quarter, a distance of 140.00 feet; thence northerly, perpendicular to said north line of the Northwest Quarter a distance of363.00 feet to the point of beginning. Parcel 11 - Tax ID : 070050001126 All that part ofthe North Half ofthe Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monument at the northwest comer of said Section 5; thence easterly, along the north line of said Northwest Quarter of Section 5, a distance of 1203.82 feet to the point of beginning of the tract to be described; thence continuing easterly, along said north line ofthe Northwest Quarter, a distance of280.00 feet; thence southerly, perpendicular to said north line ofthe Northwest Quarter, a distance of 363.00 feet; thence westerly, parallel with said north line ofthe Northwest Quarter, a distance of280 feet; thence northerly, perpendicular to said north line of the Northwest Quarter, a distance of 363.00 feet to the point of beginning. See Map(s) of Subject Parcels attached as Exhibit "A". 2. That the purpose of the annexation ofthe Subject Parcels is to provide urban services, including city sewer and water services. 3. That in order to facilitate the construction and financing of the improvements necessary for development that is urban or suburban in character and the efficient delivery of governmental services, all of the properties should be immediately annexed to and made part of the City of Farmington. 4. That as a result ofthe proposed urban density development, the previously described area in Castle Rock Township, Dakota County, is subject to orderly annexation pursuant to Minnesota Statutes ~414.0325, and the parties hereto designate this area for immediate annexation under this orderly annexation agreement. 5. That both the Township of Castle Rock and the City of Farmington agree, pursuant to M.S. ~414.0325, Subd. l(t), that no alteration of the stated boundaries of this agreement is appropriate. 6. Furthermore, each party agrees that pursuant to M.S. ~414.0325, Subd. l(g) no consideration by the Office of Boundary Adjustments is necessary, and that upon receipt of this resolution and agreement, passed and adopted by each party, the Director of the Office of Boundary Adjustment may review and comment but shall, within thirty (30) days, order the annexation in accordance with the terms of this joint resolution. 7. That the annexation of the property will not result in any change of electrical service and will not require joint planning since upon final approval ofthis joint resolution and issuance of the annexation order by the Director the property will immediately be fully subject to the official controls and other ordinances ofthe City of Farmington, including all land use controls. Further, that differential taxation under M.S. ~414.035, or reimbursement under M.S. ~414.036 is not required. 8. That the population of the parcels to be annexed pursuant to this joint resolution is and the total area to be annexed is approximately 8.5 acres. Approved and Adopted this _ day of , 2004. Approved and Adopted this _ day of , 2004. TOWN OF CASTLE ROCK CITY OF FARMINGTON BY: BY: AND Its Town Board Chair AND Its Town Board Clerk Its Mayor Its City Administrator RESOLUTION NO. R - 04 APPROVING THE ADDITION OF CERTAIN PROPERTIES TO FARMINGTON'S METROPOLITAN URBAN SERVICE AREA 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 day of ,2004 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following: WHEREAS, the owners of six (6) separate properties located in Castle Rock township (see Exhibit "A") have petitioned for annexation to be included within the municipal boundary of the City of Farmington in order to receive City sewer service; and WHEREAS, upon annexation, the subject properties must be included within the Metropolitan Urban Service Area (MUSA) to receive City sewer service; and WHEREAS, the City Council has the authority to grant MUSA to individual properties consisting of less than five (5) acres without a recommendation from the MUSA Review Committee or the Planning Commission; and WHEREAS, City sewer service is available near the subject properties and can be extended to the properties immediately upon annexation and MUSA approval. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the extension of MUSA to the six (6) properties described on the attached Exhibit "A" contingent upon annexation into the City. This resolution adopted by recorded vote of the Farmington City Council in open session on the day of , 2004. Mayor Attested to the day of , 2004. City Administrator SEAL ~rL-e.. \ b PETITION FOR ANNEXATION AND UTILITY SERVICE CONNECTION/ASSESSMENT AGREEMENT- SOUTHEAST AREA TRUNK UTILITY PROJECT (ASH STREET) In the Matter of the Petition by Kevin T. Schemionek and Benita L. Schemionek, Property Owner( s) for annexation of land to the City of Farmington pursuant to Minnesota Statutes Chapter 414 To: The City Council of the City of Farmington, Minnesota Copies to: Town Board of Castle Rock Township 2537 240th Street West Farmington, MN 55024 Dakota County Board of Commissioners 1590 West Highway 55 Hastings, MN 55033 Minnesota Planning Municipal Boundary Adjustments 658 Cedar Street, Suite 300 St. Paul, Minnesota 55155 II By signature hereunder, petitioner(s) affirm that he/she (they) is (are): the sole property owner(s) ofthe area proposed for annexation; or X all ofthe property owners of the area proposed for annexation; or a majority ofthe property owners ofthe area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of Castle Rock, Dakota County, Minnesota: See Exhibit A. The property is located within an existing Orderly Annexation area and under the terms of the agreement between the City and Township annexation is being sought for the purpose of receiving sewer, water, and other municipal services from the City. Upon annexation proceedings being petitioned for, the City will authorize connection to city services and will assess the property the amount of thirteen thousand one hundred and eighty dollars ($ 13,180) as detailed on Exhibit B. The assessed amount shall be assessed against the property over a fifteen (15) year period and shall accrue interest at the rate of five percent (5%) per annum. Prepayment of the initial amount or any remaining amounts shall be allowed in accordance with state statutes and city policies. The Assessments shall be deemed adopted on the date this petition is signed by the property owners and accepted by the City. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuantto M.S.A. ~ 429.081. Dated: M v tA11 6 tv I , 2004. Signature(s) ofPetitioner(s) JL:. r~~-,~~~) Kef/I'" Terri Sc~eMln""elc.. ~b:X~ eel') ila SclJemIC))?BJ( EXHIBIT A PARCEL 6 That part of the North Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monument at the northwest comer of said Section 5; thence easterly, along the north line of the Northwest Quarter of said Section 5, a distance of 461.49 feet to the point of beginning of the tract to be described; thence continuing easterly, along said north line of the Northwest Quarter of Section 5, a distance of 120.00 feet; thence southerly, perpendicular to said north line ofthe Northwest Quarter, a distance of363.00 feet; thence westerly, parallel with said north line of the Northwest Quarter, a distance of 120.00 feet; thence northerly, perpendicular to said north line of the Northwest Quarter, a distance of363.00 feet to the point of beginning. Tax ID : 070050005026 EXHIBIT B Southeast Trunk Utility and Pond Project Sewer and Water Utility Connection costs I - Residential Equivalent Unit (REU) 9/24/2004 Sewer Lateral Assessment Metro Sewer Availability Charge City Sewer Availability Charge Connection Permit Charge $ 5,500.00 $ 1,350.00 $ 390.00 $ 65.00 Total Sewer $ 7,305.00 Water Lateral Assessment Reserve Capacity Connection (WAC) 1" Service Water Treatment Plant Fee Water Meter Connection Permit Charge $ 4,250.00 $ 683.00 $ 570.00 $ 307.00 $ 65.00 Total Water $ 5,875.00 Total Both $ 13,180.00 Assessment per year for 15-years at 5% ($1,697.16) Pa./~\ 1- PETITION FOR ANNEXATION AND UTILITY SERVICE CONNECTION/ASSESSMENT AGREEMENT- SOUTHEAST AREA TRUNK UTILITY PROJECT (ASH STREET) In the Matter ofthe Petition by John A. Luckow and Cheryl J. Luckow, Property Owner(s) for annexation of land to the City of Farmington pursuant to Minnesota Statutes Chapter 414 To: The City Council of the City of Farmington, Minnesota Copies to: Town Board of Castle Rock Township 2537 240th Street West Farmington, MN 55024 Dakota County Board of Commissioners 1590 West Highway 55 Hastings, MN 55033 Minnesota Planning Municipal Boundary Adjustments 658 Cedar Street, Suite 300 St. Paul, Minnesota 55155 By signature hereunder, petitioner(s) affirm that he/she (they) is (are): ~ the sole property owner(s) of the area proposed for annexation; or _ all of the property owners of the area proposed for annexation; or _ a majority ofthe property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of Castle Rock, Dakota County, Minnesota: (provide the legal description and property tax identification number( s) of the property proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space): See Exhibit A. The property is located within an existing Orderly Annexation area and under the terms of the agreement between the City and Township annexation is being sought for the purpose of receiving sewer, water, and other municipal services from the City. Upon annexation proceedings being petitioned for, the City will authorize connection to city services and will assess the property the amount of fourteen thousand two hundred and // / "', thirty-six dollars ($ 14,236) as shown on Ex . it (Table 1) fOr later' I benefit. The assessed amount shall be assessed against t prope y over a ten (10) ear period and shall accrue interest at the rate of five perc t (5%) P r ann~. Prepa ent of the initial amount or any remaining amounts shall be allowe n accord Ith state statutes and city policies. Connection fees will be due ayable at the time of connection permit Issuance. The Assessments shall be deemed adopted on the date this petition is signed by the property owners and accepted by the City. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.081. Dated: , 2004. Signature(s) ofPetitioner(s) /Jf ~~ L-K,z... -;; , ..j). __ , ) EXHIBIT A Parcel 7 All that part ofthe North Half ofthe Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monument at the northwest comer of said Section 5; thence easterly, along the north line of the Northwest Quarter of said Section 5, a distance of581.49 feet to the point of beginning of the tract to be described; thence continuing easterly, along said north line of the Northwest Quarter of Section 5, a distance of 134.66 feet; thence southerly, perpendicular to said north line of the Northwest Quarter, a distance of363.00 feet; thence westerly, parallel with said north line of the Northwest Quarter, a distance of 134.66 feet; thence northerly, perpendicular to said north line of the Northwest Quarter, a distance of 363.00 feet to the point of beginning. 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P~""L~ \ '3 PETITION FOR ANNEXATION AND UTILITY SERVICE CONNECTION/ASSESSMENT AGREEMENT- SOUTHEAST AREA TRUNK UTILITY PROJECT (ASH STREET) In the Matter ofthe Petition by Richard J. Hansen and Robert M. Becker, Property Owner(s) for annexation ofland to the City of Farmington pursuant to Minnesota Statutes Chapter 414 To: The City Council of the City of Farmington, Minnesota Copies to: Town Board of Castle Rock Township 2537 240th Street West Farmington, MN 55024 Dakota County Board of Commissioners 1590 West Highway 55 Hastings, MN 55033 Minnesota Planning Municipal Boundary Adjustments 658 Cedar Street, Suite 300 St. Paul, Minnesota 55155 By signature hereunder, petitioner(s) affirm that he/she (they) is (are): the sole property owner(s) of the area proposed for annexation; or // t/ all of the property owners of the area proposed for annexation; or a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of Castle Rock, Dakota County, Minnesota: (Provide the legal description and property tax identification number(s) of the property proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space): See Exhibit A. The property is located within an existing Orderly Annexation area and under the terms of the agreement between the City and Township annexation is being sought for the purpose of receiving sewer, water, and other municipal services from the City. Upon annexation proceedings being petitioned for, the City will authorize connection to city services and will assess the property the amount of twenty thousand five hundred and eighty dollars ($ 20,580) as shown on Exhibit B(Table 1) for lateral benefit. The assessed amount shall be assessed against the property over a ten (10) year period and shall accrue interest at the rate of five percent (5%) per annum. Prepayment of the initial amount or any remaining amounts shall be allowed in accordance with state statutes and city policies. Connection fees will be due and payable at the time of connection permit 1ssuance. The Assessments shall be deemed adopted on the date this petition is signed by the property owners and accepted by the City. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. S 429.081. Dated: Nt' /, I ,2004. Signature(s) ofPetitioner(s) Z~~~/$d/~~ EXHIBIT A Parcel 8 All that part ofthe North Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monwuent at the Northwest comer of said Section 5; thence easterly, along the north line of the Northwest Quarter of said Section 5, a distance of716.15 feet to the point of beginning ofthe tract to be described; thence continuing easterly, along said north line of the Northwest Quarter of Section 5, a distance of 194.67 feet; thence southerly, perpendicular to said north line of the Northwest Quarter, a distance of 363.00 feet; thence westerly, parallel with said north line of the Northwest Quarter, a distance of 194.67 feet; thence northerly, perpendicular to said north line of the Northwest Quarter, a distance of363.00 feet to the point of beginning. Tax ill : 070050004126 In .... - In - :I: >< W - Q) :c ca I- ~ - C CI) 'EE Cl)o. 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C 0. .- III rn_ =' .- co~ ~ ~:t: III III UCO CI) I'~ iii liIi- a:: ~ .l!! -= I~ o :3 co E o 0 "5:C <( 2i 'E.3 o C LL 0 CI) C ~c III III :EU <( rn ~ C C ?;o.!!! 0C/)~ CO~X .sliiw ~~?; rnLLO =- co <(a:: 0 cj"5 <( .... CI) C ~ o ~ IIlCCCI)2?,. .-1;:; 0 :> E sln;.- 0 Cl)CI)-.:EiJ ~.cIllCl)=, <(l-coi3....J C/) C C ~ ....I~ ~~,g~c C -.: 0 0 .- III III .- rn E :cu&u:~ o z ci. e a. ......C')IC)COl-o-oom~:::~ N 0) CD 0; 10 '"" ~ ClI) CD '<t 14 '"" ~ ~ N c? '<t '"" ~ ParL~\ 9 PETITION FOR ANNEXATION AND UTILITY SERVICE CONNECTION/ASSESSMENT AGREEMENT- SOUTHEAST AREA TRUNK UTILITY PROJECT (ASH STREET) In the Matter of the Petition by Kenneth C. Carlson and Caroline M. Carlson, Property Owner(s) for annexation ofland to the City of Farmington pursuant to Minnesota Statutes Chapter 414 To: The City Council of the City of Farmington, Minnesota Copies to: Town Board of Castle Rock Township 2537 240th Street West Farmington, MN 55024 Dakota County Board of Commissioners 1590 West Highway 55 Hastings, MN 55033 Minnesota Planning Municipal Boundary Adjustments 658 Cedar Street, Suite 300 St. Paul, Minnesota 55155 By signature hereunder, petitioner(s) affirm that he/she (they) is (are): l the sole property owner(s) of the area proposed for annexation; or _ all of the property owners ofthe area proposed for annexation; or _ a majority of the property owners ofthe area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of Castle Rock, Dakota County, Minnesota: (Provide the legal description and property tax identification number( s) of the property proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space): See Exhibit A. The property is located within an existing Orderly Annexation area and under the terms of the agreement between the City and Township annexation is being sought for the purpose of receiving sewer, water, and other municipal services from the City. Upon annexation proceedings being petitioned for, the City will authorize connection to city services and will assess the property the amount of thirteen thousand one hundred and eighty dollars ($ 13,180) as detailed on Exhibit B. The assessed amount shall be assessed against the property over a ten (10) year period and shall accrue interest at the rate of five percent (5%) per annum. Prepayment of the initial amount or any remaining amounts shall be allowed in accordance with state statutes and city policies. The Assessments shall be deemed adopted on the date this petition is signed by the property owners and accepted by the City. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.081. Dated: / CJ -::-.:2.6 , 2004. Signature( s) of Petitioner( s) &f(tn~ 7!~ ~J O~--- ~~~ EXHIBIT A Parcel 9 That part of the North Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, beginning at a point on the north line of said Northwest Quarter of Section 5, distant 910.82 feet east of the northwest comer of said Northwest Quarter; thence easterly, along said north line of the Northwest Quarter, a distance of 153 feet; thence southerly, perpendicular to said north line ofthe Northwest Quarter, a distance of363.00 feet; thence westerly, along a line drawn parallel with said north line of the Northwest Quarter, a distance of 153 feet; thence northerly, perpendicular to said north line, a distance of363.00 feet to the point of beginning. Tax ID : 070050003026 EXHIBIT B Southeast Trunk Utility and Pond Project Sewer and Water Utility Connection costs I - Residential Equivalent Unit (REU) 9/24/2004 Sewer Lateral Assessment Metro Sewer Availability Charge City Sewer Availability Charge Connection Permit Charge $ 5,500.00 $ 1,350.00 $ 390.00 $ 65.00 Total Sewer $ 7,305.00 Water Lateral Assessment Reserve Capacity Connection (WAC) 1" Service Water Treatment Plant Fee Water Meter Connection Permit Charge $ 4,250.00 $ 683.00 $ 570.00 $ 307.00 $ 65.00 Total Water $ 5,875.00 Total Both $ 13,180.00 Assessment per year for 15-years at 5% ($1,697.16) ~rL~ \ \ 0 PETITION FOR ANNEXATION AND UTILITY SERVICE CONNECTION/ASSESSMENT AGREEMENT- SOUTHEAST AREA TRUNK UTILITY PROJECT (ASH STREET) In the Matter of the Petition by Charles Albert Reichow, Sr., Property Owner(s) for annexation ofland to the City of Farmington pursuant to Minnesota Statutes Chapter 414 To: The City Council of the City of Farmington, Minnesota Copies to: Town Board of Castle Rock Township 2537 240th Street West Farmington, MN 55024 Dakota County Board of Commissioners 1590 West Highway 55 Hastings, MN 55033 Minnesota Planning Municipal Boundary Adjustments 658 Cedar Street, Suite 300 St. Paul, Minnesota 55155 By signature hereunder, petitioner(s) affirm that he/she (they) is (are): l the sole property owner(s) ofthe area proposed for annexation; or _ all ofthe property owners of the area proposed for annexation; or _ a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of Castle Rock, Dakota County, Minnesota: (provide the legal description and property tax identification number(s) of the property proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space): See Exhibit A. The property is located within an existing Orderly Annexation area and under the terms of the agreement between the City and Township annexation is being sought for the purpose of receiving sewer, water, and other municipal services from the City. Upon annexation proceedings being petitioned for, the City will authorize connection to city services and will assess the property the amount of fourteen thousand eight hundred dollars ($ 14,800) as shown on Exhibit B (Table 1) for lateral benefit. The assessed amount shall be assessed against the property over a ten (10) year period and shall accrue interest at the rate of five percent (5%) per annum. Prepayment of the initial amount or any remaining amounts shall be allowed in accordance with state statutes and city policies. Connection fees will be due and payable at the time of connection permit Issuance. The Assessments shall be deemed adopted on the date this petition is signed by the property owners and accepted by the City. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. S 429.081. Dated: t!Jc::h ~ 2 g:> , 2004. &.( ~s) ofPetitioner(s) EXHIBIT A Parcel 10 All that part of the North Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monument at the Northwest corner of said Section 5; thence easterly, along the north line of said Northwest Quarter of Section 5, a distance 1063.82 feet to the point of beginning of the tract to be described; thence continuing easterly, along said north line of the Northwest Quarter, a distance of 140.00 feet; thence southerly, perpendicular to said north line of the Northwest Quarter, a distance of 363.00 feet; thence westerly, parallel with said north line of the Northwest Quarter, a distance of 140.00 feet; thence northerly, perpendicular to said north line of the Northwest Quarter a distance of 363.00 feet to the point of beginning. Tax ill : 070050002026 OJ I- - OJ - J: >< W "r"" CI) :is ~ ~ 'E 'E~ Q)o.. E.2 rIl Q) rIl > Q) Q) rIl"C ~l!! -j 111- -j 0- ~= :! -~ c: l!! Q) j E- rIl.2 rIl c: Q).- rIl"C ~:g, "CO ~gi .S!Q) Q)"C O:=.. -c: c: 0 Q).- EO rIl Q) rIl c: Q) c: rIl 0 rIl () <(- -!!! c: Q) !1U ...- j ... U,E III l!!~ <(u.. _en o~ ...J Qj l!! - en ci. e 0... rIl rIl l!! "C ~ ci. e 0... Q) Em 111- z-al rIl.!:2 rIl- Q)o.. c:o.. .- III rIl_ j .- 1D~ ... Q) c: 6 o z ci. e 0... O......COCDCDOIOO.....O 10 10 lOCO C') co......oo 10 ...... N.. ~ CD. N. III ...... co. CD. ...... aiIOION~OCD~(l)ai ~~~~~~~~~~ CO CD OC') .....(l) cDN ~~ 10 N ~ cD ~ O[;:;OO~:6ogC;o :e N. :e :e N.. III :e co. ~ :e .10 . -~O .~(l) . ~~~~~~~~~~ ......1000CO.....000C').... (l)NOOC')~(l)OOCD~ ~:egn~~~~~~;g- .....~~C')~CDIO~(l).....~ 3: 3: Q) Q) j j c: c: Q) Q) ~ ~ t)-1J1i)a;Q)Q)Q)Q)Q;-1a !"O!!~~!~!!"O .... ---......---c: en :5 en en en en en en en I. ~Q) =c':5-5SJ::.c.c.c 0.9-0000000:2 GJc3GJGJgjgjgjgjgju CO~CDOCOOONO:6 ~~~~~~:gg::~~ C')NC')C')C')C')C')C')C')N I~ ~:::: III III ulD rIl$ -~ III ~~ $ .5 Iii o rIl 1DQ) E o 0 "5:::c <( 2 'E.3 o c: u..o Q) c: ~ c: III III !;:u <( rIl B c: c: 'ii ~ ~ o Qj 1D~~ .gQjw j .1::'- <( .!!l'-g .rIl u.. 10 ;;(C:::o u"5 <( ~ c: c: Q) ~ 3: E 'l5I~.Q 0 "'Q);::EiJ ~.l::IIIQ)j <(~1D"fi...J en c: c: 3: ... ~ ~~~i!c: c: ;:: () () .- III III .- rIl E :::cu&U:~ .....C')IOCD......CO(l)~;:~ C'l en CD rti 10 - .,. 00 CD .... .0 - .,. .... C'l C'l M .... - * ~y(-€.. \ I \ PETITION FOR ANNEXATION AND UTILITY SERVICE CONNECTION/ASSESSMENT AGREEMENT- SOUTHEAST AREA TRUNK UTILITY PROJECT (ASH STREET) In the Matter ofthe Petition by Curtis R. Fischer, Property Owner(s) for annexation of land to the City of Farmington pursuant to Minnesota Statutes Chapter 414 To: The City Council of the City of Farmington, Minnesota Copies to: Town Board of Castle Rock Township 2537 240th Street West Farmington, MN 55024 Dakota County Board of Commissioners 1590 West Highway 55 Hastings, MN 55033 Minnesota Planning Municipal Boundary Adjustments 658 Cedar Street, Suite 300 St. Paul, Minnesota 55155 By signature hereunder, petitioner(s) affirm that he/she (they) is (are): J- M"'va."-JI"~ fo..r-+Y1tW'" "f (;I... c;e..l1eY'/tll.,/ fJaA'fJ1e/!>hl Jo . the sole property owner(s) ofthe area proposed for annexation; or all of the property owners of the area proposed for annexation; or _ a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of Castle Rock, Dakota County, Minnesota: (Provide the legal description and property tax identification number(s) of the property proposed for annexation; provide attachments containing the legal description if it is too long for inclusion in this space): See Exhibit A. The property is located within an existing Orderly Annexation area and under the terms of the agreement between the City and Township annexation is being sought for the purpose of receiving sewer, water, and other municipal services from the City. Upon annexation proceedings being petitioned for, the City will authorize connection to city services and will assess the property the amount of twenty-nine thousand six hundred and one dollars ($ 29,601) as shown on Exhibit B (Table 1) for lateral benefit. The assessed amount shall be assessed against the property over a ten (10) year period and shall accrue interest at the rate of five percent (5%) per annum. Prepayment of the initial amount or any remaining amounts shall be allowed in accordance with state statutes and city policies. Connection fees will be due and payable at the time of connection permit Issuance. The Assessments shall be deemed adopted on the date this petition is signed by the property owners and accepted by the City. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.081. Dated: ,do () . / , 2004. Signature(s) ofPetitioner(s) (]~ C?)--~ IJ1 ~J./ A (i, J ,y C. /.A~rAJt?/C- EXHIBIT A Parcel 11 All that part ofthe North Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as commencing at a Dakota County Monument at the northwest comer of said Section 5; thence easterly, along the north line of said Northwest Quarter of Section 5, a distance of 1203.82 feet to the point of beginning of the tract to be described; thence continuing easterly, along said north line of the Northwest Quarter, a distance of280.00 feet; thence southerly, perpendicular to said north line of the Northwest Quarter, a distance of 363.00 feet; thence westerly, parallel with said north line of the Northwest Quarter, a distance of280 feet; thence northerly, perpendicular to said north line of the Northwest Quarter, a distance of363.00 feet to the point of beginning. Tax ill : 070050001126 aJ I- - aJ - ::J: >< W or" CD :c ca .... ~ "E "E~ 0>0. 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It) .... .,. ~ N M .... .... .,. 7k 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 ~ /' Jim Atkinson, Assistant City Planner f' V TO: SUBJECT: Amend Section 10-6-4 (D) of the Zoning Code to Change Driveway Width Requirements DATE: November 15, 2004 INTRODUCTION The City of Farmington is proposing to revise Title 10 Chapter 6 of the City Code to modify driveway width requirements. DISCUSSION Currently, section 10-6-4 (D) of the City Code requires that driveway access at the public street paved surface be a maximum of 26 feet in width and a maximum of 30 feet in width at the public street line (right-of-way line). Engineering staff revised the City's Engineering Standard Detail Plates earlier this year to change the maximum driveway width requirement from 26 feet (at the public street paved surface) to 30 feet. The revision was made due to several resident complaints and staffs consensus that keeping the 26 foot width requirement was more problematic than not. Revising the City Code in the manner suggested will rectify the existing discrepancy between the Code and the City's Detail Plates. Planning Commission Review The Planning Commission reviewed the proposed amendment at its meeting on November 9, 2004 and unanimously recommended approval. RECOMMENDATION Approve the attached ordinance regarding driveway width requirements. Respectfully Submitted, q~6t=-. Jim Atkinson Assistant City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-6-4 OF THE ZONING CODE RELATED TO DRIVEWAY ACCESS WIDTH REQUIREMENT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 10, Chapter 6, Subdivision 4 of the Farmington City Code is amended as follows: 10-6-4 (D) Access Driveways: All off street parking areas shall have access from driveways rather than from public streets. Said driveway access shall be limited to thirty feet (30') in width at the publie street line right of way line and twenty six feet (26') thirty feet (30') at the public street paved surface, except that driveways which serve as access for truck off street loading areas in industrial districts shall be thirty two feet (32') at the street right of way line along collector streets and sixty feet (60') at the street right of way line along local streets. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2004, by the City Council of the City of CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: David Urbia, City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of , 2004. Expansion joint material to conform to MnDOT 3702 ," ," . >- o ~ Q) > 'C "0 "0 Q) (f) o Q. o ," '- Q. Mountable Type concrete curb and gutter STR-O 1 ~ ' 6. -.' " ..' , 1/2" thick - 6" hi h expansion joint ma~erial Min Max 5' .50% 12.0% ," ," . '- o Ol. ," _. a> c , .' SECTION No Scale -+-' (f) x 6" Concrete pavement (3A32) w 4" Class 5 aggregate 100% crushed limestone quarry or recycled equal. Incidental to concrete apron (MNDOT 'Nidt~ 3138) . o\c\ s-tG\~ Gtrd of C~ ISOMETRIC No Scale Of d, IiI) rl"~ ~ i \vCl s tr) 'y Clt Cl~ Pr 30' op~ rt'y Concrete pavement to match bock of concrete curb at this point Control joints in concrete curb not to exceed 10' spacing through driveway section. 2. Driveway wings are not required with the mountable style curbing. The maximum driveway width at the curb is 26' (this includes wings if installed). maximum width of driveway at the property line is 30'. STANDARD DETAILS RESIDENTIAL CONCRETE DRIVEWAY APRON (MOUNTABLE TYPE CURB) Las1-Re\Asion: 'May 2000 - ~ City Plate No. ( FARMINGTON, MINNESOTA ) STR-12 H:\STANDARDS\STANDARD PLATES\STR-12.DWG _I I I I I I I I I I I I I I Expansion joint material to conform to MnDOT 3702 Mountable Type concrete curb and gutter STR-01 5' Min .50% Max 12.0% ^ o 3: Q) > I.... U U Q) l/l o Q. o I.... Q. '. . .' 1/2" thick - 6" hi h expansion joint ma~erial .~ e. ".- I.... o CJ' c of Cl ISOMETRIC No Scale -+-J l/l X 6" Concrete pavement (3A32) w Class 5 aggregate 100% crushed limestone quarry or recycled equal. Incidental to concrete apron (MNDOT 3138). 'Nidt~ Of I d' if') r,l,t" ~ . \;~ IS Cl'y I't)Cl~ Clt P 30' rop~ rty SECTION No Scale N~w :StQrJClrd Concrete pavement to match bock of concrete curb at this point I I I I I I I Control joints in concrete curb not to exceed 10' spacing through driveway section. 2. Driveway wings ore not required with the mountable style curbing. The maximum driveway width at the curb is 30'. Maximum width of driveway at the property line is also 30'. STANDARD DETAILS RESIDENTIAL CONCRETE DRIVEWAY APRON (MOUNTABLE TYPE CURB) ( FARMINGTON, MINNESOTA Lost R vision: Jon 2004 ~ City Plate No. J STR - 1 2 H:\STANDARDS\STANDARD PLATES\STR-12.DWG 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: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Assessment Agreement - SE Trunk Utility and Pond Project DATE: November 15,2004 INTRODUCTION As part of the discussions with Castle Rock Bank in regards to the City pond project, the owners of the bank requested that the City give some of the fill taken from the pond on their property to level off the property behind Autobody Excellence. DISCUSSION The owner of Autobody Excellence, Iseminger Properties, asked if they could be assessed for the cost of the proposed grading work. The estimated cost for the grading work would not exceed $1,500. This arrangement is similar to other agreements that have been put together for other property owners in the project area. Attached is the signed assessment agreement. BUDGET IMPACT None. ACTION REQUESTED Approve the attached assessment agreement between the City and Iseminger Properties for the grading work on their parcel adjacent to the City pond. Respectfully Submitted, 2Yh~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file ASSESSMENT AGREEMENT (Parcel 070050009126) THIS AGREEMENT (the "Agreement") made this 1t:1-rV1 day of November 2004, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") with offices at 325 Oak Street, Farmington, Minnesota 55024, and Iseminger Properties, LLC, owner of property at 22080 Chippendale Avenue, Farmington, Minnesota 55024 ("Owner"). Recitals: A. The Owner owns the real property located in Dakota County legally described on Exhibit "A" attached hereto and incorporated herein ("Subject Property"), also referred to as Tax Parcel 070050009126, which owner proposes to have fill deposited and graded on the parcel and an adjoining parcel also owned by Owner by the City of Farmington as part of a larger public improvement project involving other properties in the area. B. Pursuant to authority provided by Minn. Stat. ~429.101, the Subject Property shall be assessed costs, fees and charges associated with the provision the deposit and grading of fill materials on the Subject Property and the abutting property; and C. The actual costs, fees and charges to be assessed against the Subject Property ("Assessments") are set forth on Exhibit "B". NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The Subject Property is hereby assessed by the City for the Assessments. The total Assessments shall not exceed One Thousand Five Hundred and 00/100 ($1,500.00) Dollars. The foregoing amount, or such lesser amount shown on Exhibit B shall be assessed against the Subject Property, along with interest accruing at the rate of five percent (5.0%) per annum. 2. The Assessments shall be deemed adopted on the date this Agreement is signed by the City. The Owner, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutsen, 1380 Corporate Center Curve, Suite 317 Eagan, MN 55121 Telephone: (651) 452-5000 JJJ includes any rights of Owner, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owner further waives any appeal rights otherwise available pursuant to M.S.A. ~ 429.081. OWNER IS~?!~?/" ~LC By:~~ Its ~C /-rtC/2,f" '. By: Its CITY OF FARMINGTON By: Gerald G. Ristow, Mayor By: David M. Urbia, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2004, by Gerald G. Ristow and David M. Urbia, the Mayor and City Administrator ofthe City of Farmington, a Minnesota municipal corporation pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this /()f4 day of Mtlt.VlII~w ,2004, by)lJ1OA..k (J. ~ and , the &ue-b..t-(J frrt.t4.rv('.("v- and , respectively, oflseminger Properties, LLC. f ~ h!Uj1J711A/lW- Notary Public LEE MICHAEL MANN NOTARY PUBUC - MINNESOTA My Commission ExpIres Jan. 31,.aJ)08 THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutsen, 1380 Corporate Center Curve, Suite 317 Eagan, MN 55121 Telephone: (651) 452-5000 JJJ EXHIBIT "A" to ASSESSMENT AGREEMENT Legal Description of Subject Property Tax PIN 070050009126 That part of the North Half of the Northwest Quarter of Section 5, Township 113, Range 19, Dakota County, Minnesota, described as beginning at a Dakota County Monument at the northwest comer of said Section 5; thence easterly, along the north line of said Northwest Quarter of Section 5, a distance of247.67 feet to a line lying 247.67 feet easterly of and parallel with the west line of said North Half of the Northwest Quarter; thence southerly, along the last described parallel line, a distance of 495.00 feet; thence westerly, parallel with said north line of the Northwest Quarter, a distance of 247.67 feet to said west line of the North Half of the Northwest Quarter; thence northerly, along said west line of the North Half of the Northwest Quarter, a distance of 495 feet to the point of beginning. Except the north 353.00 feet of said North Half of the Northwest Quarter of Section 5. Also except that part taken for State Trunk Highway No.3. THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutsen, 1380 Corporate Center Curve, Suite 317 Eagan, MN 55121 Telephone: (651) 452-5000 JJJ EXHIBIT "B" to ASSESSMENT AGREEMENT Fees and Charges to be Assessed Deposit Fill and Grade on Subject Parcel: $1 ,500 TOTAL $1,500 THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutsen, 1380 Corporate Center Curve, Suite 317 Eagan, MN 55121 Telephone: (651) 452-5000 JJJ Sa.., 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 Administrato~ Lisa Shadick, Administrative Services Director FROM: r SUBJECT: 2005 License Renewal Public Hearing DATE: November 15, 2004 INTRODUCTION Pursuant to City Ordinance 3-12-6-2, a public hearing must be held to renew On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, On-Sale Wine and Club Licenses. Ordinance 3-15-8C regulates the renewal of Saunas and Therapeutic Massage Licenses. DISCUSSION The following establishments have submitted their applications for renewal: On-Sale Liquor: EI Tequila Restaurant Farmington Lanes Long Branch Saloon and Eatery Gossips On-Sale Sunday: EI Tequila Restaurant Farmington Lanes Long Branch Saloon and Eatery Gossips Club Licenses: Eagles Club VFW Club American Legion On-Sale Intoxicating Malt Liquor & On-Sale Wine: B & B Pizza Sauna and Therapeutic Massage: Rite Touch Therapeutic Massage Sherry Jackson Reach for the Stars - Jacqueline Conklin Therapeutic Massage by Sharon Munich The required attachments, fees and insurance information have been submitted with the applications. Police Chief Siebenaler has reviewed the forms and approved the applications. BUDGET IMPACT The fees collected are as proposed in the revenue portion of the budget. ACTION REQUIRED Approve the 2005 On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Beer, On-Sale Wine, Club, and Therapeutic Massage Licenses for the businesses listed above. Respectfully submitted, ~t?-~a~ Lisa Shadick Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ct/; FROM: Mayor, Council members, City Administrator ~ Robin Roland, Finance Director TO: SUBJECT: Consider Resolution - Certification of Delinquent Municipal Services to 2005 Tax Rolls DATE: November 15, 2004 INTRODUCTION The City's municipal servIces (utilities) expenence delinquent accounts similar to private enterprises. . DISCUSSION Minnesota State Statutes 444.075 grants municipalities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. This statute provides the City with the ability to collect unpaid accounts without incurring significant administrative costs. All property owners with delinquent utility bills (over 90 days overdue) were mailed notices and may pay their delinquent amount by November 30, 2004 to avoid certification. The notice advised delinquent utility customers that the City Council would consider this item on November 15,2004 at a public hearing. BUDGET IMPACT At the time of notice, 655 accounts in the total amount of $232,637 were outstanding. Payments have been received and applied to account balances in the interim. Only those accounts with delinquent balances remaining after December 1, 2004 would be certified to the tax rolls as a one-year special assessment. ACTION REQUIRED Adopt the attached resolution certifying the delinquent accounts as special assessments to the 2005 taxes of the appropriate properties. Respectfully submitted, ,4tP~ / Robm Roland , Finance Director RESOLUTION R - 04 CERTIFYING DELINQUENT MUNICIPAL SERVICE ACCOUNTS TO THE DAKOTA COUNTY TREASURER/AUDITOR Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Civic Center of said City on the 15th day of November 2004 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City has provided sewer, water, storm water and solid waste removal services to users of the municipal utilities; and WHEREAS, the City has invoiced these users for the services and payment on some of these invoices is delinquent; and WHEREAS, Minnesota Statute 444.075 allows the City to certify charges associated with the municipal services as special assessments with the County Auditor, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, that: 1. Delinquent charges associated with the municipal services shall be certified to the County Auditor for collection as special assessments. 2. The special assessments shall be due and payable over a term of one (1) year at an annual rate offive (5.0) percent. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of November 2004. Mayor Clerk! Administrator lOa- 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 FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Resolution - Parkview Ponds Preliminary Plat DATE: November 15,2004 INTRODUCTION Manley Land Development is seeking approval of the Parkview Ponds Preliminary Plat (Exhibit A). The plat consists of 147 single-family lots on 88 acres creating a density of 1.67 dwelling units/acre. The property is located south of 195th Street with agricultural land to the east and south, City parkland to the west, and single-family residential to the north. DISCUSSION Planning Commission Meeting - November 9.2004 The Planning Commission recommended approval of the Parkview Ponds Preliminary Plat with contingencies. Many of those contingencies have been addressed and resolved by the revised plat that the Developer submitted on November 9,2004. Existing Conditions The property was rezoned from A-I Agriculture to R-l Single Family Residential District on September 20, 2004. The property is currently designated Restricted Development in the Comprehensive Plan. The property was recently approved for MUSA by the City Council on July 19, 2004. The property is currently being used for agriculture. The property is relatively flat; sloping somewhat to the southeast. A drainage ditch located in the central and southern portions of the property is characterized as a Type 2 wetland. This wetland begins on site in the west central part of the property and flows to the southeast where it connects to an off-site ditch by a culvert and then flows southeasterly. A Utilize Wetland located on City property west of the Parkview Ponds site has been determined to have diminished hydrology since the construction of Autumn Glen to the north. The City would like the Developer of Parkview Ponds to supply hydrology to the City's wetland. Proposed Development The Developer proposes to construct 147 single-family lots surrounding numerous storm water ponds in the Parkview Ponds Development. The lot sizes range from 10,084 square feet to 16,195 square feet, meeting the minimum lot size requirements in the R-1 zoning district of 10,000 square feet. The Developer is proposing a number of storm water ponds in order to utilize the material from these ponds for housing pads. This process was also used in the Autumn Glen development. Transportation Approved 2020 Thoroughfare Plan - November 1, 2004 The City Council approved an update to the 2020 Thoroughfare Plan on November 1, 2004 (Exhibit B). The plan shows a north/south roadway east of Parkview Ponds that will potentially align with Diamond Path Road in the future. Accesses from Parkview Ponds to this north/south road to the east will be provided on the plat. Additionally, the City Council requested that the Developer prepare a paved and curbed stub for 198th Street on the west side of the plat. This requirement is reflected on the plat as Outlot H & G. The Council stated that upon build-out of the Parkview Ponds plat, the Council will review traffic patterns from Parkview Ponds and determine if a roadway connection to Akin Road along the 198th Street alignment is needed in the future. If not, the stub street may be removed by the Developer and the property may be converted to a standard residentia110t. Embers Avenue The preliminary plat shows a connection to 195th Street at Embers Avenue. The extension of Embers Avenue (Street 1) into the property is shown as a minor collector as identified on the recently approved Thoroughfare Plan. John Powers, the Fire Marshal has indicated that a temporary turnaround for emergency vehicles at the eastern terminus point of Street 1 will be required until such time as Street 1 is connected to the north/south road (Diamond Path Road) referred to above. This requirement is reflected on the plan as a hammerhead. Reduction of Right-Of- Way and Roadway Width - Embers Avenue In order to provide traffic calming on Street 1, the Developer will reduce the right-of-way width from 70 feet to 60 feet and the roadway width from 38 feet to 32 feet. Street 1 will continue to function as a minor collector and be shown on the Thoroughfare Plan as such, however, the reduced width will provide the traffic calming requested from residents in Autumn Glen. Temporary Alternative Access At the request of the City Council on November 1, 2004, the Developer will be required to include a temporary alternative access from the cul-de-sac on Street 5 to the north through Lot 21, Block 2 in order to provide a second access to 195th Street on a temporary basis. This requirement is reflected on the attached plan (Exhibit C). The Council was concerned that only one access (Street 1, extension of Embers Avenue) would be the only access from the property until the north/south road was built to the east of Parkview Ponds and Street 2 would connect with this roadway. This temporary access will not be required if the Street 2 access to Diamond Path Road is completed prior to the commencement of construction. 198th Street Connection As discussed previously, the Developer will construct a stub street on the east side of the intersection of Street 1 and Street 2 on Lot 8 Block 9, to facilitate the later construction of a connection between that intersection and Akin Road if the City Council should later determine that such a connection was necessary or warranted. The stub street will be constructed as a typical street section, with dimensions of 32 feet in width and a 60-foot right-of-way. The street will be constructed to the back (west) lot line of Outlot H. Southerly Access John Powers, the City's Fire Marshal, has stated that the approximately 1,380 foot proposed roadway from the intersection of Embers Avenue to the southern property line needs to have an emergency access associated with it due to the length of the proposed street. The Fire Marshal has suggested that emergency vehicles temporarily utilize the farm road that abuts the southern portion of Parkview Ponds. The temporary emergency vehicle access is noted on the attached plan. City staff and the Developer met with adjacent property owners to inform them of this proposal. The property owners were in favor of allowing the emergency vehicle access. The Developer will be required to obtain access agreements for the emergency vehicles and in addition, improve the farm road by laying rock and clearing branches from the roadway in order for the farm road to be available to emergency vehicles. It is important to note that the farm road will not be utilized by construction vehicles or residents of Park view Ponds. Reconfiguration of Southerly Lots The Developer has been working closely with Giles Properties, which currently owns the property south of Parkview Ponds, to redesign Street 3 and reconfigure the lots in Block 6 and 7 of Parkview Ponds in order to assist the Giles Properties in achieving full size lots at the northerly portion of the Giles Properties proposed plat. The reconfiguration will shift the southerly portion of Street 3 to the east, and push Street 6 with its adjoining lots to the east as shown on Exhibit D. The plat approval will be contingent upon this reconfiguration. Parks and Trails Randy Distad, Parks and Recreation Director, has submitted comments concerning the need for two trails to be included on the preliminary plat (Exhibit E). The trails are to be located on the western and southern sides of the plat to provide interconnections with existing and future trails in the City. Additionally, the Developer has proposed trails throughout the plat as shown on the attached Exhibit. The Developer has also provided a 4.3-acre park at the southeast comer of the plat meeting the requirements ofthe Parks and Recreation Advisory Commission. NPDES Requirements The plat has been reviewed by Dakota County Soil & Water Conservation District, Minnesota Department of Natural Resources, and the Minnesota Pollution Control Agency. The Developer will meet the requirements suggested by the before-mentioned agencies for the NPDES permit governed by the MPCA. The Developer will also make every attempt to provide hydrology to the existing wetland on City property west ofthe Parkland Ponds development. ACTION REQUESTED Adopt a resolution approvmg the Parkview Ponds Preliminary Plat contingent upon the following: 1. Provide a 60-foot right-of-way and a 32-foot wide street for Street 1 (Embers Avenue). 2. Redesign Street 3 and reconfigure the lots in Block 6 and 7 of Parkview Ponds in order to assist Giles Properties in achieving full size lots at the northerly portion of the Giles Properties proposed plat. 3. The trails need to be shown on the plat as required by the Parks and Recreation Director. 4. The Developer will meet the requirements suggested by the before-mentioned agencies for the NPDES permit governed by the MPCA. The Developer will also make every attempt to provide hydrology to the existing wetland on City property west of the Parkland Ponds development. 5. Approval of a wetland mitigation plan in compliance with the Wetland Conservation Act. 6. The Preliminary Plat approval is contingent on the approval of the construction plans for grading, storm water and utilities by the Engineering Division. Respectfully submitted, ttcSO Lee Smick, AICP City Planner cc: Manley Land Development RESOLUTION NO. APPROVING PRELIMINARY PLAT PARKVIEW PONDS 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 15th day of November, 2004 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, the preliminary plat of Parkview Ponds is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the 15th day of September, 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 reviewed and recommended City Council approval of the preliminary plat at its meeting held on the 9th day of November, 2004; and WHEREAS, the City Council reviewed the preliminary plat on November 15, 2004; WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above preliminary plat be approved with the following conditions: 1. Provide a 60-foot right-of-way and a 32-foot wide street for Street 1 (Embers Avenue). 2. Redesign Street 3 and reconfigure the lots in Block 6 and 7 of Parkview Ponds in order to assist Giles Properties in achieving full size lots at the northerly portion ofthe Giles Properties proposed plat. 3. The trails need to be shown on the plat as required by the Parks and Recreation Director. 4. The Developer will meet the requirements suggested by the before-mentioned agencies for the NPDES permit governed by the MPCA. The Developer will also make every attempt to provide hydrology to the existing wetland on City property west of the Parkland Ponds development. 5. Approval of a wetland mitigation plan in compliance with the Wetland Conservation Act. 6. The Preliminary Plat approval is contingent on the approval of the construction plans for grading, storm water and utilities by the Engineering Division. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of November, 2004. 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MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us tJl!I/311 E TO: Lee Smick, City Planner FROM: Randy Distad, Parks and Recreation Director RE: Comments on Manley Development's Preliminary Plat DATE: October 7. 2004 INTRODUCTION Manley Development, Inc. (the Developer) has submitted a Preliminary Plat for Parkview Ponds a new residential development consisting of just under 90 acres of land. The Parks and Recreation Director has reviewed the Preliminary Plat for park and trail requirements. DISCUSSION While the Developer has corrected several issues related to the location of trails, sidewalks and parks from what was identified in an earlier Conceptual Development Plan, there are nonetheless two trail locations that are missing on the Preliminary Plat that need to be shown. I have highlighted the trails that need to be shown on the preliminary plat on an attachment identified as Exhibit # 1. These trails have been shown on the Existing and Proposed Park, Trails and Open Space Plan Map (plan Map) to be constructed on the Developer's property. The two trails that are not shown on the Preliminary Plat include the trail that runs along the entire west side of the development and the trail that runs along the entire south side of the development. If these trails are not shown on the preliminary plat and are not constructed at the time that grading work is completed it will be come very difficult to construct these trails once homes begin to be constructed and sold. These trail alignments will also serve as future connections to trails that will be constructed in the Giles Construction residential development to the south and east of the Manley Development. ACTION REOUESTED The Developer should be required to revise the Preliminary Plat to show the location of the additional trails identified above. ~lytrritJ Randy Distad Parks and Recreation Director cc: Park and Recreation Advisory Commission Members 1J':., 7ft.'*lJ.~ ~ l UN Pl IlFHl ~ :1- 7ft J it I~Jt &~. 9U!!" .~10Z*. ~ I ~t5i ~ii li:1111 ~ ~ !l.3!l.!!. f'l IUfioJ' Iii ~m ~ I Hil JL !H1ir~ Iii f f J' '<I q.j fflloh tll: _! II Iii !Itql" ~JGilii It I ,.11 U! ! f flli! ~~i I ; Iii flf t!ra!!. i I ;t!r i Ii: i~lq !:jH11 ; ~I t ~ll ii Jfllf!JJ l~!i ~ III Jt!!. ~jl ;'1 it. ~ ~ 1l !r9 ; ~ - !!. 2'< ! Hll If' q. l;1 III ~ ~ 2 q f ~!. i i91 f;i !!.!ll ~i, iO' in Pi: 1.5 It ~ i Z ! ~ f I I i ""-:lit ...- ::;'1 ~~ Tl?1 ~~ ~~ ii !i!!i! ;;j;;j !2 B :l ~ o o ri; :::0 (I) ::J: f'l1 f'l1 -I 0 ! 3:;!il )> z r f'l1 -< r )> Z 0 0 f'l1 ri; r 0 -0 s::: f'l1 Z -I ." :u ~ ... -0 )> :::0 ^ :s; f'l1 =e r -0 0 0 0 z )> 0 -t (I) 0 z ~ )> ""U ...... "'" ~ I~HI ~' ~:I~I i I MI! ~ II11 " .~ -I! /080 I. 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City Administrator FROM: Lee Smick, AICP City Planner SUBJECT: Amendment to the Charleswood PUD/Schematic Plan - Charleswood Northeast DATE: November 15, 2004 INTRODUCTION Centex Homes is seeking an approval of an Amendment to the Charleswood PUD/Schematic Plan (Exhibit A) to allow LowlMedium Density Residential (Exhibit B) where Medium and High Density Residential was approved. The property is located in the southwest quadrant of the intersection of 195th Street and Pilot Knob Road. DISCUSSION Planning Commission Meeting - November 9, 2004 The Planning Commission recommend approval of the Amendment to the Charleswood PUD/Schematic Plan to allow LowlMedium Density Residential within the Medium and High Density Residential area in the northeast portion of the Charleswood PUD contingent upon the recommendation of approval of the Charleswood Northeast Preliminary Plat by the Planning Commission at their meeting on December 14, 2004. The Commissioners accepted the 56-foot wide single-family lots as a new type of housing product in Farmington. The Developer requested the contingency because this would allow the Charleswood PUD/Schematic Plan to revert back to only Medium and High Density Residential if the plat was not recommended for approval on that date. Proposed Amendment to the Charleswood PUD The Developer proposes to construct 44 single-family lots on 56-foot wide lots of 7,000 square feet (minimum) within the location where Medium and High Density Residential was originally approved by the City Council on November 3, 1997 (Exhibit C). The overall gross density for the proposal is 2.42 units/acre. The setbacks for the single-family homes are proposed at 25 feet in the front, 5 and/or 10 feet on the side for a total of 15 feet between houses, and 20 feet in the rear. Comer lots are proposed with a 25-foot setback from the street. The building pad width is 41 feet. Centex Homes has provided photos of the housing product for the single-family lots attached as Exhibit D. Multi-family Housing The remainder of the Centex Homes project proposes 108 multi-family units. The front yard setback for the multi-family units is 25 feet along a public street and 21 feet along a private street. Neighborhood Meeting Centex Homes held a neighborhood meeting on November 4, 2004 to discuss their concept with residents in the area. The response from the neighbors concerning the single-family product was positive. Some were concerned about the width of the lots believing the proposed 56-foot wide lots to be too small, but, most were receptive to the plan. The Developer stated at the meeting that if the 56-foot wide product was not allowed, the Developer would propose the entire site for multi-family in order to make the project financially feasible for the company. At the Planning Commission meeting on November 9t\ two residents from the Charleswood subdivision recommended that the single-family product be approved by the City. Both residents sent e-mails that are attached as Exhibit E and F. ACTION REQUESTED Adopt a resolution with the following contingencies: 1. The Charleswood PUD/Schematic Plan is amended to allow LowlMedium Density Residential within the Medium and High Density Residential area in the northeast portion ofthe Charleswood PUD contingent upon the recommendation of approval for the preliminary plat by the Planning Commission at their meeting on December 14, 2004. 2. Subject to Metropolitan Council approval of the 2020 Comprehensive Plan Amendment application. :;j~ Lee Smick, AICP .. City Planner Cc: Matt Anfang, Centex Homes File 2 RESOLUTION NO. AMENDING THE CHARLESWOOD PUD/SCHEMATIC PLAN 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 15th day of November, 2004 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, a public hearing of the Planning Commission was held on the 9th day of November, 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 recommended approval of the PUD/Schematic Plan Amendment to allow Low/Medium Density Residential within the Medium and High Density Residential area in the northeast portion of the Charleswood PUD/Schematic Plan, and WHEREAS, the City Council has reviewed the PUD/Schematic Plan Amendment, and WHEREAS, the Developer requested that the PUD/Schematic Plan Amendment be contingent upon the recommendation of approval for the preliminary plat by the Planning Commission at their meeting on December 14,2004, and. NOW, THEREFORE, BE IT RESOLVED that the above PUD/Schematic Plan be amended with the following stipulations: 1. The Charleswood PUD/Schematic Plan is amended to allow Low/Medium Density Residential within the Medium and High Density Residential area in the northeast portion of the Charleswood PUD contingent upon the recommendation of approval for the preliminary plat by the Planning Commission at their meeting on December 14,2004. 2. Subject to Metropolitan Council approval of the 2020 Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of November, 2004. Gerald Ristow, Mayor Attested to the _ day of November, 2004. David Urbia, City Administrator "...,...."'._".." 9-2(;-'31 3')9'~El pn [S1 .. , ~'" ~ "<t l!Jf~ '~fO ;0 ;c. ErK/1//3/r A :;"hool Dlstri"t - '\ '\ .~ ~ :.. ... - -- --..: -=--~ - - - -- I '. , , \... \" ~ ~ '. \ ~~ \'..\\ {o/AT/O/!/ d~ ....... or c~ /-IIl?/ ~ 1fv.AA- c-j , , , , \ '. \ \ \ \ , , '. 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"" . 1 CYIf/f3/T 13 f I ; \ 1..------ 'r----:.: II II II II II II II II II II II II II II II II II II II II 'I II \I II \I II II II \I I EXII//Jrr c'" City of Farmington Dakota County, Minnesota Ordinance No. 097-408 An Ordinance Rezoning the Charleswood PUD and Rezoning the Property from R-l to R-3 PUD THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: WHEREAS, the City Council approved the schematic plan of Charles wood on the 3rd day of November, 1997; and WHEREAS, the Developer of Charleswood has completed the drawings required of all such proposals and enclosed them in a fInal PUD plan report; and WHEREAS, the Planning Commission, at a public hearing held during a special meeting on October 14, 1997, recommended approval of the PUD plan contingent upon; 1. The slopes on the plan are required to be protected and left in their natural state as per Ordinance 11-4-8. 2. The road layout shown on the Schematic Plan shall not be accepted as part of the Schematic Plan approval. 3. The road layout shall conform to the City's Thoroughfare Plan. 4. The Medium and High Density Residential areas shown on the Schematic Plan shall be developed as shown in order to meet the Livable Communities Act requirements and were included in the MUSA Expansion application dated August 22, 1997. NOW, THEREFORE, BE IT ORDAINED that the City Council of Farmington hereby approves the PUD of Charleswood in Sections 23, 25 and 26. BE IT FURTHER ORDAINED that the 396 acres of land known as Charleswood is rezoned from R-1 Low Density Residential to R-3 Planned Unit Development. Enacted and Ordained the 3rd day of November, 1997. ATTEST:~ dh. '):.~ City of Farmington ~~ Mayor SEAL ciffL~ Approved as to form the J1!!: day of November. 1997 ~" J). ~" /7"""- City Attorney , ------- Published in the Farmington Independent the :]{;t.t..day of November, 1997. Charleswood Preliminary plat - Planning Commission Page 1 of I 8f11t5rr F Lee Smick From: Ibinger, Jeff [Jeff.lbinger@cingular.com] Sent: Tuesday, November 09,200410:42 AM To: Lee Smick Cc: Greg.E.Opsal@supervalu.com Subject: Charleswood Preliminary plat - Planning Commission Lee, I wanted to thank you again for your time last Thursday, to discuss the preliminary Charleswood plat. Unfortunately, I have an In-house Baseball board meeting and will be unable to attend the Planning Commission meeting this evening. Myself and several other Charleswood homeowners have looked at both Centex single family and town homes and have concluded that single family homes between existing Charleswood HOA development and preliminary Charleswood plat would be the preferred option. We have looked at other Centex homes built on narrower lots (34'-52') and feel the 56' width being considered, would be appropriate for this design. Because I will be unable to attend the Planning Commission meeting; I wanted to provide an email stating that I favor the single family plat design. My only concern with either plat design is lawn maintenance of common areas. I feel that wild flowers and prairie grass would be an appropriate use of the space just East of the bike path. Any space between park and home site lots should be maintained by an HOA landscape agreement. If you have any questions please reply to this email or call 651-460-4031 (home). Thanks Jeff Ibinger 19743 Evensong Ave Farmington, MN 55024 Phone: 952-703-2361 Mobile: 612-865-5333 Fax: 952-703-2361 Email: jeff.ibinger@attws.com 11110/2004 CX/j-.I3I( F Lee Smick :rom: ient: To: Cc: Subject: Greg. E. Opsal@supervalu.com Wednesday, November 10, 2004 1 :05 PM Lee Smick Jeff.lbinger@cingular.com; Opsal, Kari RE: Charleswood Preliminary Plat - Planning Commission Lee, I'll try to attend the council meeting Monday but in case I'm unable, here are my thoughts: I was able to attend the neighborhood meeting concerning the Charleswood addition last Thursday 11/04. Several other residents living in close proximity to the new Charleswood plat were also in attendance. My feeling coming away from that meeting was that I preferred the single family home option over the higher density condo plan. I did however have questions around the appearance of the homes on 56' lots. There is a Centex neighborhood in Apple Valley consisting of the same type single family plans. My family and I visited that site to see first hand how the homes laid out on the smaller lots. Several of the homes in this addition are actually on 52' lots, with some of the pie shape lots having 40-45' fronts. After viewing these homes, we have no concerns with fully supporting the single family plan for the Charleswood addition. We also visited a Cent ex neighborhood consisting of the 3 unit condos that would be the second option, and feel strongly that the single family homes would be a much better choice and fit for our neighborhood. I attended the Planning Commission Meeting on 11/9, and shared these thoughts with that group. I left with them an example (from the Dakota County Real Estate Inquiry web site), of the Apple Valley neighborhood, that shows the actual lot dimensions. The other open issue was surrounding the common area between the existing Charleswood homes, and the new development. As part of the Charleswood park plan, this area was designated to be used for prairie grass and wild plantings. This remains the preferred choice of the neighbors bordering this area, and would provide an attractive natural break between the development phases. This area is often very wet after rains, and would be difficult to maintain in any other fashion. Thank you for your consideration and anticipated approval of the change to single family units for this area. Greg and Kari Opsal 19791 Evensong Ave IOe 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: Consider Pre-Plat Utility Installation DATE: November 15,2004 INTRODUCTION The developer for the Farmington East First Addition (Garvey/Castle Rock Industrial Park) has requested that he be allowed to install sanitary sewer and water utilities prior to plat approval in order to be able to utilize the de-watering operation of the adjacent City project (SE Trunk Utility and Pond Project). DISCUSSION Typically, final plat approval is required before the City will allow the installation of sanitary sewer and water main. The reason for this is to insure that no significant changes to the lot layout of the plat will necessitate major changes to the already installed utilities and to insure that the final design of the utilities and the plat will actually work. The developer has requested to be allowed to move forward before plat approval in order to take advantage of the de-watering from the City project, which could result in a savings to the developer. The likelihood of significant changes to the plat is lower with this development than with a residential development at the same stage of review. The layout of this development is unlikely to change significantly. If the developer is willing to sign an agreement taking all liability and risk for installing the utilities prior to the plat approval, the City attorney has indicated that there would be minimal risk to the City for granting the developer's request. The developer would also have to have the plan approved by the engineering division and post the proper sureties before any construction could begin. The more far-reaching consideration is the potential precedent that would be set. It would be staffs recommendation that if the Council grants the developer's request, it is based on the developer being able to take advantage of the unique situation with the de-watering already occurring in the area. Staff further recommends that, if the developer is not ready to begin construction by the time the City's de-watering operation is completed, or the City's de-watering is not drawing the water down in the subject area, and the developer still wants to install utilities prior to final plat, then the issue be brought back to Council for further consideration. BUDGET IMPACT None. ACTION REQUESTED Consider allowing the installation of utilities before final platting of the Farmington East First Addition in order for the developer to utilize the de-watering operation of the City's SE Trunk: Utility and Pond Project. Respectfully Submitted, '&M~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file Joe! City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Council and City Administrator ~ Kevin Carroll, Community Development Director FROM: SUBJECT: MUSA Review Committee Recommendation DATE: November 15,2004 INTRODUCTION The MUSA Review Committee has crafted a proposed phasing plan for the eventual incorporation of additional properties into Farmington's portion of the Metropolitan Urban Service Area [MUSA]. The Planning Commission has recommended that this phasing plan be adopted by the City Council. DISCUSSION Land cannot be developed within the City of Farmington unless it lies within the Metropolitan Urban Service Area [MUSA]. Municipal sewer services cannot be extended to any area that is outside of the MUSA. Subject to subsequent approval by the Metropolitan Council, the Farmington City Council decides which parcels of land in Farmington will or will not be included within Farmington's portion of the Metropolitan Urban Service Area. To assist the City Council in making such decisions, initial research and screening has (in Farmington) traditionally been conducted by a Council-appointed MUSA Review Committee. Late last year, the City Council implemented some modifications regarding the composition of the MUSA Review Committee. The Council then appointed 10 individuals to serve on the Committee. The Committee began meeting in December of2003. The Committee conducted its tenth meeting on October 20, 2004. At that time, the Committee discussed various City staff recommendations that had been summarized in a Memo dated October 15,2004 (attached hereto as Exhibit A). The Committee conducted its eleventh meeting on October 27, 2004, at which time the Committee discussed a chart (attached hereto as Exhibit B) that summarized an updated set of City staff recommendations. At the conclusion of that meeting, the Committee unanimously agreed to recommend that the City Council approve and adopt a specified MUSA phasing plan, which was subsequently incorporated into a "MUSA Allocation" map (attached hereto as Exhibit C). Exact acreages and other relevant details related to the proposed phasing plan appear in the summary that has been attached hereto as Exhibit D. The MUSA Review Committee's phasing recommendation was based, in part, on projections regarding the pace or timing of future residential construction. Assumptions (by City staff and/or developers) regarding future building permit activity generated by the proposed MUSA phasing plan are reflected in the attached table captioned "Projected Building Permits per year" (Exhibit E). This building permit activity is graphically depicted on the chart attached hereto as Exhibit F. On November 3, 2004, the MUSA Review Committee's recommended phasing plan was explained and discussed at a joint City Council/Planning Commission workshop meeting. All of the City Council and Planning Commission members who attended seemed to support the Committee's recommendation(s). At its meeting on November 9, 2004, the Planning Commission unanimously recommended that the City Council approve and adopt the MUSA Review Committee's proposed phasing plan. Attached hereto as Exhibit G is a Resolution that can be used to adopt the proposed MUSA phasing plan, if the City Council wished to do so. If the Council approves the Resolution, City staff would then prepare and submit to the Metropolitan Council a Comprehensive Plan Amendment designed to effectuate the MUSA phasing plan. The only remaining issue to address at this time involves the future handling of MUSA-related matters. The City Council has the option of essentially "disbanding" the MUSA Review Committee at this time, with the understanding that a new Committee would be formed whenever the Council decided that it wanted an advisory body to make a new set of MUSA recommendations. However, City staff members believe that it would be better to have a "standing" MUSA Review Committee that could be quickly and easily convened if the City Council needed its assistance. The City Council and the Planning Commission could each appoint two of their members to the Committee in January of each year, and the other three "constituent groups" (ISD 192, Parks & Recreation, and City staff) could do the same. The existence of a standing MUSA Review Committee would not necessarily mean that the Committee would have to continue meeting on a regular basis. In fact, the recommendation of City staff is that the City Council adjourn the MUSA Review Committee after the adoption of the attached Resolution, with the express understanding that the Committee would not begin meeting again unless and until the Council directed it to do so. More specifically, it is recommended that the Council direct staff to give the Council a "MUSA update" in July of 2005, at a regular City Council meeting or at a City Council workshop meeting. At that meeting, 2005 housing construction activity (to date) could be reviewed, progress toward the City's development goals could be assessed, and the Council could determine whether there is a need to immediately reconvene the MUSA Review Committee. If not, City staff could continue to provide the Council with MUSA updates at six month intervals, to ensure that the City's growth is continuously and consistently monitored. 2 ACTION REQUESTED 1. Review the recommendation(s) of the MUSA Review Committee. 2. Approve the proposed Resolution (attached). 3. Formally adjourn the MUSA Review Committee. 4. Provide guidance to City staff regarding the future handling of MUS A-related issues. Rej~llY su.~i~ If~ ,tll;j /I~( ~lin carrol~l Community Development Dire tor 3 MUSA Allocation Revised on 11/2/04 - 1::1 Existing MUSA 1::1 MUSA Approved in 2004 E::I MUSA Approved Contingent upon Annexation E::I MUSA Allocated in 2006 IIiI MUSA Allocated in 2009 .. MUSA Allocated in 2012 .",. MUSA Allocated upon Removal from Ag Preserve ..... School Use Only .. MUSA Allocated upon Plat Approval .. Not Recommended for MUSA at this time. 1::1 MUSA Approved (Orderly Annexation Area) E::IA9 Preserve until 2012 - MUSA not Rec. at this time E!!!IA9 Preserve until 2013 - MUSA not Rec. at his time IIIIIIDII Ag Preserve - No current expiration date ~ - -. Future 195th Street Extension WT E Detailed View of #14 I I I Tollefson 7 Empey 10 Garvey --. 0.5 , Future 208th Street Extension o s 0.5 Miles , LO .-t 0 N In V eu .-t 0 ~ ~ N fa .~ E :i:i & In .... (Y') w 0 .-t I.... 0 ... Q) N eu ..Q E: c ::J 3: <: ..... N 0 Q) .-t 2' 0 > ~ N ~ ... eu c. .-t 0 .-t ... 0 Q. N ........ ... eu c. 0 0 .-t - 0 eu N III > &.. eu "' Q Ql (jI > C .... 0 \0 0 0 CIO N 'tS eu In fa co .c 0 0 In N ~ E ... I"- eu 0 Q. 0 N C\ C .- 'tS ~ - 0 .- ::::I 0 ~ N 'tS eu ~ U1 U 0 eu 0 ...., N 0 ... Q. v 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (jI CO I"- ~ U1 V (Y') N .-t .-t s:ilwJad 6UlPI!ng City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: FROM: SUBJECT: DATE: MUSA Review Committee Kevin Carroll, Community Development Director 2004 MUSA Phasing Plan October 15, 2004 Recent City staff discussions regarding the status of the MUSA review process have led to the following "regional" conclusions or recommendations for the Co~ittee's consideration: 1. Western Properties (E. J. K. L. M. N. O. P): The initial staff recommendation to the MUSA Review Committee was that a specific phasing plan be adopted that addressed every property that was involved in the MUSA review process. However, as this process has moved forward it has become apparent that some properties will be much easier to phase into the Metropolitan Urban Service Area than others. For example, the properties located along or near the City's western border present special timing challenges. Five of the eight properties in question (J, L, N, 0, P) are Ag Preserve properties that cannot be developed until 2012 or 2013. They could be designated for MUSA in 2012 or 2013 as part of a multi-year MUSA phasing plan, but at this point no one can accurately predict whether the residential development of those specific properties in those particular years will make more sense than developing other properties elsewhere in the City at that stage. In addition, six ofthese eight properties (all of them except E and J) are designated as "Urban Reserve" in the City's Comprehensive Plan. The Comprehensive Plan did not anticipate development in the Urban Reserve area prior to 2020. Approving a MUSA phasing plan that designates MUSA for these properties in 2012 or 2013 would arguably be inconsistent with the Comprehensive Plan. If development of the properties in question is now expected or desired before 2020, it might make more sense to discuss a Comprehensive Plan amendment before including the properties in a MUSA phasing plan. Of the eight "Western Properties," Property E is the only one that is not an Ag Preserve property and that is designated for residential development in the Comprehensive Plan. It would therefore ordinarily be more eligible than the other seven properties for inclusion in a MUSA phasing plan. However, my recollection is that sewer and/or water service for Property E would have to be extended through Property J, which is an Ag Preserve property. Ifthat is correct, Property E could therefore probably not be developed until Property J's Ag Preserve status ends in 2013. In summary, the City staff recommendations for the Western Properties are as follows: a. Do not include (in the 2004 MUSA Phasing Plan) a specific MUSA year for Properties J, L, N, 0 or P, but identify (for general informational purposes) the year in which each such property is scheduled to come out of the Ag Preserve program. /E><I-//~ I -r 11-/ b. Do not include (in the 2004 MUSA Phasing Plan) a specific MUSA year for Properties E, K, or M, but identify them as properties for which MUSA was sought in the 2004 MUSA review process. c. Reconsider Property E for inclusion in the 2004 MUSA Phasing Plan if it is determined that sewer and water services can be provided without extending them through any Ag Preserve property. 2. Seed/Genstar Property (R): The land that is locally referred to as the "Seed/Genstar" property is not in the Ag Preserve program and is already designated for residential and commercial development in the Comprehensive Plan. The development of this property will help create important regional transportation corridors, provide a potential site for necessary ISD 192 facilities, and significantly improve the City's park and trail system. The owner/developer has prepared and submitted a reasonable phasing plan for the long-term development of the property. The City staff recommendation for the Seed/Genstar Property is as follows: Include in the 2004 MUSA Phasing Plan a three-stage extension ofMUSAfrom south to north, consisting of 250 acres in 2006, 250 acres in 2009, and 117 acres in 2012, contingent upon annexation. 3. Central Properties O. 2. 6. 02): We have been advised that the prospective purchaser of Property 1 recently signed an agreement to purchase Property 2. Previously, these two small properties had two separate developers. It now appears more likely that the two parcels can be jointly developed in a coordinated and efficient manner. Progress has also been made on some unresolved storm water handling issues. It does not appear that Empire Township will oppose the annexation of the parcels. With regard to Property Q2 and Property 6, a greater number of unanswered questions remain. Residential development in the area will begin to the north, on Properties H, Ql and S. It is not yet clear how quickly development will move south to Properties Q2 and 6, but it may take several years. Property 6 is in Empire Township, and the Township's position with regard to the annexation of the property is not yet clear. The potential financial impact of the proposed 20Sth Street Extension from the Farmington Middle Schools to Trunk Highway 3 has not yet been determined. For these reasons, and others, designating specific years for a phasing plan will be challenging, although Property Q2 would seem to present fewer challenges than Property 6. The City staff recommendations for the Central Properties are as follows: a. Include Properties 1 and 2 in the 2004 MUSA Phasing Plan, with MUSA to be designated for 2005, contingent upon annexation. b. Do not include (in the 2004 MUSA Phasing Plan) a specific MUSA year for Property 6, but identify it as a property that was involved in the 2004 MUSA review process and that will have to be further discussed with representatives of Empire Township. c. Give further consideration to whether Property Q2 should be included in the 2004 MUSA Phasing Plan, and if so, the year in which MUSA should be granted. 4. South-Central Properties (D. C. S): Properties B and C are important to the commercial and retail development that is desired in the Spruce Street Corridor Area. It is anticipated that residential development will gradually progress from the east (Property A, which already has MUSA) to Property C and then to Property B. Property S also seems suitable for residential 11-2 development in the near term; sewer and water are readily available, and the property can be accessed from an improved road. The City staff recommendations for the South-Central Properties are as follows: a. Include Properties Band C in the 2004 MUSA Phasing Plan, with MUSA to be designated for 2008 and 2006, respectively. b. Include Property S in the 2004 MUSA Phasing Plan, with MUSA to be designated for 2006. 5. Eastern Properties (F. G. 3. 4. 5. 11. 12. 13. 14): Properties 12, 13 and 14 are new to the MUSA Review Process. All of the remaining properties have been previously discussed by the MUSA Review Committee. The approval and phasing of MUS A for the Eastern Properties will be largely contingent upon the availability of City sewer service, which will be affected by ISD 192's decision regarding the site of the future high school. The City's sewer system does not have sufficient capacity to serve all of the Eastern Properties and a high school site and Properties I, 10 and 7 (which were recently granted MUSA). The October 14 issue of the Farmington Independent indicated that "there may be a site identified for a new high school" at the next ISD 192 School Board meeting on October 25. Whether or not that occurs, the MUSA Review Committee should proceed very carefully with the prioritization of MUSA approvals in this vicinity. Highest priority should probably be given to Properties F and G, for the following reasons: --They are within the City limits. --They have been involved in this year's MUSA review process from the beginning. --They are adj acent to existing City residential development( s). --Providing City sewer and water services to the western portions of these properties would probably be easier, faster and less expensive than providing it to most of the other Eastern Properties. --Properties F and G have many similarities, so they can (and probably should) be developed at or around the same time in order to increase the likelihood that they'll develop in a sensible, efficient and well-coordinated manner. If the Committee is inclined to recommend MUSA for [City] Properties F and G, [Township] Properties 3 and 4 should probably also be included. Properties F and 3 have common ownership. Properties G and 4 have common ownership. 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R_- 04 APPROVING THE ADDITION OF CERTAIN PROPERTIES TO FARMINGTON'S METROPOLITAN URBAN SERVICE AREA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Fannington, Minnesota, was held in the Council Chambers of said City on the 15th day of November, 2004 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington's MUSA Review Committee [hereinafter ''the Committee"] has been meeting on a regular basis since December of 2003 to develop recommendations regarding which undeveloped parcels within the City should be added to the City's portion of the Metropolitan Council's Metropolitan Urban Service Area [MUSA]; and WHEREAS, as interim steps in the MUSA review process referred to above, the Farmington City Council approved MUSA for an 87.5-acre property on July 19, 2004 and later approved MUSA for an additional 440.5 acres on August 16,2004, for a total of 528 acres to date (305.50 acres of which are currently in the City and 223.5 acres of which represent township properties that would be included within the Metropolitan Urban Service Area upon annexation); and WHEREAS, at a meeting that was held on October 27, 2004, the members of the Committee unanimously recommended a phasing plan under which: (a) certain properties located within the City would be scheduled to be included within the MUSA during specified future years, subj ect to final City Council approval at those times, and (in some situations) subject to specific contingencies (for example, removal of the property from the Agricultural Preserves program or approval of a preliminary plat for the property); and (b) certain properties located in townships. adjacent to the City would be immediately included within the Metropolitan Urban Service Area [MUSA] if and when the properties in question are annexed by the City of Farmington at the request of the property owners. WHEREAS, the properties referred to above are depicted on the MUSA Allocation Map attached hereto as Exhibit A and the MUSA phasing chart attached hereto as Exhibit B; and WHEREAS, the MUSA Review Committee recommended that MUSA be approved for the properties in question because each property satisfies a sufficient number of the criteria that were previously adopted for the MUSA review process; and GXJ!,&I/ G -. '~ WHEREAS, at a meeting that was held on November 9, 2004, the members of the Planning Commission unanimously adopted a moti<;m recommending that the City Council accept and approve the MUSA Review Committee's recommendation that the properties in question be approved for immediate or eventual inclusion within the City of Farmington's portion of the Metropolitan Council's Metropolitan Urban Service Area [MUSAJ; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts and approves the MUSA Review Committee's recommendation that Council approve and adopt the MUSA phasing .plan depicted on the attached Exhibit A and summarized on the attached Exhibit B, subject to final review and approval by the Metropolitan Council. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of November, 2004. Mayor Attested to the day of November, 2004. City Administrator SEAL G-Z- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: r Mayor and Councilmembers FROM: David Urbia City Administrator SUBJECT: Supplemental Agenda DATE: November 15,2004' It is requested the November 15,2004 agenda be amended as follows: PETITIONS, REQUESTS AND COMMUNICATIONS PulllOe) Enterprise Fund Rate Analysis - Finance This will be brought to a future Council Meeting. 10f) Audit Engagement - Finance Accept Eide Bailly as the City auditors for three years beginning December 31, 2004. David Urbia City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us lor TO: Mayor, Council Members, City Administrator FROM: Robin Roland, Finance Director SUBJECT: Engagement of Audit Firm for December 31, 2004 DATE: November 15,2004 INTRODUCTION ill September, Council approved Request for Proposal (RFP) for auditing firms for a three year engagement beginning December 31, 2004. DISCUSSION RFP's were sent to six auditing firms in early October and were returned by each of the firms on October 25th. Staff has analyzed the proposals and met with two fmalists to determine which firm best met the City's needs. Based on the analysis and the interview, staff is recommending the engagement of Eide Bailly, LLP for the three year period December 31, 2004, 2005 and 2006. Eide Bailly has experience with similarly sized cities to Farmington, with similar growth patterns and operations. BUDGET IMPACT The 2005 proposed budget includes $24,000 for audit services. The recommended proposal anticipates a fee of $22,687 in 2005 (subsequent years at $22,290 and 23,070 respectively). ACTION REOUIRED Accept Eide Bailly as the City auditors for a three year engagement beginning December 31, 2004 at the proposed price. Respectfully submitted, /b?~~ Robm Roland Finance Director I)a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Council members, City Administram~ Robin Roland, Finance Director FROM 2 SUBJECT: Main Street Assessment Objections - Finance DATE: November 15, 2004 INTRODUCTION At the Main Street Assessment hearing on October 18th, Colin Garvey objected to the assessments on his properties in the Main Street area and reserved his right to appeal. DISCUSSION Staff met with Mr. Garvey on November 10, 2004 to discuss his objections to the assessments on PID 14.77000.021.32, 14.77000.030.30, and 14.77000.080.30. The objections were based on how the assessments were calculated on the parcels and whether 'benefit' to those parcels at the assessment level identified could be justified based on the use of the parcels. The City attorney and staff are considering the objection and will bring any resulting conclusions and recommendations to the Council at a future meeting. The objection remains open until that time. ACTION REOUIRED For information only. Respectfully submitted, ,Jf1?-# ~ - Robin Roland Finance Director / ~ 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 AdministralO~.. Robin Roland, Finance Director TO: SUBJECT: Downtown Liquor Store DATE: November 15,2004 INTRODUCTION Staff has been approached by a commercial/retail developer and is exploring an opportunity to relocate the downtown liquor store and increase its size. DISCUSSION In August, staff was approached by Tom Wortman with a proposal for retail development and inclusion of a larger liquor store operation as part of that project. The development site is on the City Center property adjacent to the hardware store. The proposal is for a 4800 sq. ft. space in an approximately 12,800 sq. ft. retail building, with one or two other retail tenants taking the remaining space. (Mr. Wortman is currently in negotiations with a restaurant and a bank.) The current downtown store has 2300 square feet. The proposed location would double the amount of store square footage, add significant parking space and would allow for greater merchandising possibilities and increased sales. Current projections indicate that the new liquor store space would be ready for occupancy by June 2005. BUDGET IMPACT A financial analysis of the projected impact on operations is attached with this memo and will be discussed at the Council meeting. Terms offered by Mr. Wortman are consistent with those of our lease agreement with Schwiness for the Pilot Knob Store. ACTION REQUIRED Ultimately, the lease agreement for the liquor store space will come to Council for approval. Staff is requesting Council approval to continue negotiations securing the new and expanded lease space for the Downtown liquor store. ;7:-;;// Robin Roland Finance Director FARMINGTON LIQUORS COMPARISON OF STORE SALES Percent D.T. Store Percent P.K. Store Percent Both Stores Annual Downtown Percent Of Pilot Knob Percent Of Combined Growth Store Annual Total Store Annual Total Total Sales For Both Sales Growth Sales Sales Growth Sales 1995 1,226,863 N/A 676,984 N/A 55.2% 549,879 N/A 44.8% 1996 1,399,885 14.1% 730,388 7.9% 52.2% 669,497 21.8% 47.8% 1997 1,478,395 5.6% 753,846 3.2% 51.0% 724,549 8.2% 49.0% 1998 1,646,183 11.3% 848,712 12.6% 51.6% 797,471 10.1% 48.4% 1999 1,920,955 16.7% 953,608 12.4% 49.6% 967,347 21.3% 50.4% 2000 2,188,729 13.9% 1,052,607 10.4% 48.1% 1,136,122 17.4% 51.9% 2001 2,353,687 7.5% 1,143,641 8.6% 48.6% 1,210,046 6.5% 51.4% 2002 2,398,928 1.9% 1,151,761 0.7% 48.0% 1,247,167 3.1% 52.0% 2003 2.710.939 13.0% 1.220.592 6.0% 45.0% 1.490.347 19.5% 55.0% Total $17,324,564 $8,532,139 49.2% $8,792,425 50.8% Growth per Store since 1999 Downtown 28.0% Pilot Knob 54.1% D.T. 2003 Sales would have needed a 22.1% increase to match the P.K. 2003 sales. 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Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees.