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Home My WebLink About05.17.04 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 promising future, AGENDA REGULAR CITY COUNCIL MEETING May 17, 2004 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) CONSENT AGENDA a) Approve Council Minutes (5/3/04 Regular) (5/3/04 Special) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Adopt Resolution - Accepting Donation - Police d) Set Council Workshop - Administration e) Capital Outlay - Parks and Recreation f) Approve Bills Approved Itiformation Received R38-04 May 24, 2004 Information Received Approved 8. PUBLIC HEARINGS a) Farmington Gateway Shopping Center PUD Agreement - Community Development Approved 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - CSAH 70 Redesignation - Engineering b) April 2004 Financial Report - Finance R39-Q4 Information Received 11. UNFINISHED BUSINESS ~ 2. NEW BUSINESS a) Traffic Safety 20Sth Street and Akin Road - Council (Supplemental) Approved 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising fUture. AGENDA REGULAR CITY COUNCIL MEETING May 17,2004 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) . CONSENT AGENDA a) Approve Council Minutes (5/3/04 Regular) (5/3/04 Special) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Adopt Resolution - Accepting Donation - Police d) Set Council Workshop - Administration e) Capital Outlay - Parks and Recreation f) Approve Bills Pages 1-6 Pages 7-9 Pages 10-11 Page 12 Pag~ 13..14 Page 15 '- 8. PUBLIC HEARINGS a) Farmington Gateway Shopping Center PUD Agreement - Community Development Pages 16-40 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - CSAH 70 Redesignation - Engineering b) April 2004 Financial Report - Finance Pages 41-45 Pages 46-47 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Traffic Safety 20gth Street and Akin Road - Council (Supplemental) Page 48 13. COUNCIL ROUNDTABLE 14. ADJOURN /CL COUNCIL MINUTES REGULAR May 3, 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 Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Ken Kuchera, Fire Chief; John Powers, Fire Marshal; Cynthia Muller, Executive Assistant Ed and Michele Samuelson, George and Sharon Flynn, Bev Preece, David McKnight, Jackie Dooley, Mary Hamre, Randy McWilliams, Randy Oswald, Matt Conner, Patrick Garofalo, Shari Conner, John Fortney 4. APPROVE AGENDA MOTION by Cordes, second by Fitch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Heritage Preservation Week May 3-9,2004 MOTION by Fogarty, second by Cordes proclaiming May 3-9, 2004 Heritage Preservation Week. APIF, MOTION CARRIED. b) Heritage Preservation Award - Administration Mr. John Fortney, Chair of the Heritage Preservation Commission presented the Heritage Preservation Award to George Flynn for the restoration oftheir home at 320 Walnut Street. The home was built in 1877. An award was also presented to Jackie Dooley for her work on the landscape plan for the Middle Creek Historic Cemetery. c) Commissioner Joe Harris Commissioner Harris gave an update on local projects. The Ash Street project is on Dakota County's CIP for 2005. As Farmington, Lakeville, and Empire continue to grow, an east-west corridor is a major project to facilitate that growth. Hwy 3 has become a major north-south corridor and will become busier with the new developments. MnDOT discussed upgrading Hwy 3 from a preservation Council Minutes (Regular) May 3, 2004 Page 2 status, however there are no funds available. They have already spent their money for this area through 2008. Commissioner Harris was pleased to receive Farmington's resolution supporting the Regional Park in Empire Township. In MnDOT's 2025 plan there is no money budgeted for Dakota County. All funds went to the western metro counties. Council mentioned that the City is currently going through the MUSA Review process and transportation is the number one category. Without more east-west routes there will be a lot of problems as the city continues to develop. The City needs to work with the County on getting the roads done. We cannot wait ten years. Regarding the detox issue, the County has signed an 18-month agreement with Ramsey County to provide detox services. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (4/19/04 Regular) b) Received Information School and Conference - Human Resources c) Approved School and Conference - Administration d) Received Information School and Conference Liquor Operations - Finance e) Received Information Arena Capital Outlay - Parks and Recreation f) Received Information Parks Capital Outlay - Parks and Recreation g) Received Information Capital Outlay - Playground Equipment and Picnic Shelter - Parks and Recreation h) Received Information Swim Bus and Puppet Wagon Partnership with Empire Township - Parks and Recreation i) Adopted RESOLUTION R34-04 Accepting Donation Arena Display Case - Parks and Recreation j) Approved Swim Bus Program Sponsorship - Parks and Recreation k) Approved Change Order 2004 Seal Coat Project - Engineering 1) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Designating a Heritage Landmark - Administration The Akin House was placed on the National Register of Historic Places in December of 1979. The Heritage Preservation Commission has determined this property meets the eligibility criteria for designation as a Farmington Heritage Landmark. The Akin House is being used as a Bed and Breakfast. MOTION by Fitch, second by Fogarty to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Fitch adopting RESOLUTION R35-04 designating the Akin House as a Farmington Heritage Landmark, and noting the property as a heritage landmark on the Official City Zoning Map. APIF, MOTION CARRIED. Council Minutes (Regular) May 3, 2004 Page 3 9. AWARD OF CONTRACT a) Adopt Resolution - Main Street Project Phase 2 - Engineering (Supplemental) The low bidder for Phase 2 ofthe Main Street Area Reconstruction and Wausau Pond Expansion Project was S M Hentges and Sons Inc. with a low bid of $1,661,466.10. MOTION by Fogarty, second by Cordes adopting RESOLUTION R36-04 accepting the total base bid ofS M Hentges & Son's Inc. in the amount of$I,661,466.1O and awarding the project. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Revising Precinct Boundaries - Administration The following precinct boundary changes were recommended by staff: Precinct 1 - The polling location will remain at the Rambling River Center. Residents living west of Pilot Knob Road and South of 195th Street down to County Road 50 will now vote in Precinct 3. Precinct 2 - Boundaries are not changed and the polling location will continue to be at the District Service Center, 510 Walnut Street. Precinct 3 - The polling location will be changed from Akin Elementary to Meadowview Elementary. Precinct 4 - The polling location will be changed from Bible Baptist Church to Akin Elementary. Residents will be notified by mail. MOTION by Cordes, second by Fitch adopting RESOLUTION R37-04 revising precinct boundaries, and establishing polling locations. APIF, MOTION CARRIED. b) Set Council Workshop -Administration A Council Workshop was scheduled for Wednesday, June 9, at 5:30 p.m. It will be held to discuss the CIPlBudgetlStrategic Planning. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Consider CIP Cost Analysis Satellite Fire Station - Fire Department Based on population growth, it would be advisable to move forward with a cost analysis for a Satellite Fire Station located in the northern area of the City. Soil testing was done on an area next to the Maintenance Facility. The tests showed it was a borrow area. The cost analysis work by Wold Architects would be good for any location. Fire Chief Kuchera gave a brief presentation on the history of the Fire Station. Fire Marshal Powers compiled data to show the need for a Satellite Fire Station. Response times to the north are over 10 minutes. This needs to be lowered. The north campus site is the primary area. The Fire Department would like to stay close to 195th Street. There are 12 firefighters that live close to the Council Minutes (Regular) May 3, 2004 Page 4 northern site. Currently it takes 7.5 minutes to get to the existing station. With the north site it would take 2.12 minutes. This would cut response times in half. The department would need 4 or 5 more firefighters to staff the number of rigs proposed for the north site. Staff has been preparing for another station by expanding the number of firefighters. This has been addressed in the 2003 and 2004 budgets. As this was a borrow area, some type of piling or goo piers will be necessary to support the building. The proposal from Wold is for $5,000 and will identify space needs and prepare a building construction budget. The proposal for $4,500 from Bonestroo will address costs from the ground down for the site on the Public Works campus. MOTION by Cordes, second by Fitch to approve performing a cost analysis for a Satellite Fire Station for the CIP. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: She attended the Volunteer Recognition Dinner. They had a very good turnout. She thanked all the volunteers. Councilmember Fitch: There was a medical emergency in his area over the weekend. Some firefighters showed up in their own vehicles shortly after the police. The rescue truck came a few minutes later. They did a great job. Solid Waste did a good job with the curbside clean-up. City Administrator Urbia: A letter was received from Charter Communications regarding the outage and their proposal. Staff will advise Charter their arrangement is acceptable. Coffee with the Council will be held May 20. Next in rotation are Councilmembers Fogarty and Soderberg. Councilmember Fogarty will not be available. Mayor Ristow will attend in her place. City Engineer Mann: volunteers. Pond clean-up day was held May 1. There were over 300 Mayor Ristow: He attended the mock accident for the prom. He felt it was very helpful to the students and thanked the police and fire for holding this event. 14. ADJOURN MOTION by Cordes, second by Fogarty to adjourn at 7:58 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~' h-?~~ Cynthia Muller Executive Assistant COUNCIL WORKSHOP MINUTES CITY HALL SPACE NEEDS May 3, 2004 Present: Absent: Also Present: Ristow, Cordes (arrived 6:20 p.m.), Fitch (arrived 6:12 p.m.), Fogarty Soderberg David Urbia, City Administrator; Cynthia Muller, Executive Assistant; Mike Cox and John McNamara, Wold Architects Wold Architects discussed with Council what would be important to them in a new City Hall facility. There are 8 Planning Objectives: 1. Shared Conference rooms of multiple sizes within departments and accessed off of the public lobby. 2. An information desk/counter at the main building lobby. 3. Conference rooms to include counter space for staging. 4. Small work stations for shared copiers/printers throughout the office areas. 5. Space/parking for loading and unloading city vehicles. 6. On site parking for city vehicles. 7. General building storage for archival files and equipment. 8. Secure file process and storage. Next they discussed location such as where the Council Room should be located in City Hall. Council liked the arrangement at Lakeville where the Council Room is off of the main lobby. Lakeville has seating for 128 people. Mr. Cox suggested a glass wall for the Council Room to allow an overflow audience to view the proceedings. Council agreed the Council Room should be on the first floor. Mayor Ristow felt the departments with the most traffic should also be on the first floor. Councilmember Fogarty suggested that Building Inspections and Engineering be on the second floor. She liked how Apple Valley has a conference room adjacent to their Council Room. This is where the Council holds their pre-meetings and it is well-utilized. It is a good sized room and could be used for Council Workshops. (Councilmember Fitch arrived). Mr. Cox then talked about capacity. Apple Valley's Council Room is 2400 sq. ft. and has seating for 104 people. Hutchinson has 1300 sq. ft. with seating for 62. Rosemount has 1000 sq. ft. with seating for 50. The size usually correlates with the city's population. Mr. Cox suggested 2400 sq. ft. Councilmember Fogarty liked the idea of the glass wall. It would be less disruptive with large crowds. Mayor Ristow stated with 50 people there is not enough room. Meetings have been held off site, but then the equipment and convenience is not there. If we are going to plan for it, the expansion should be there. Councilmember Fitch stated he could count on one hand the number of times the meetings have overflowed. To plan a Council Room for large meetings once a year, we could use the schools or the library. He did not want to see the space wasted. Councilmember Fogarty stated some Planning Commission meetings have a full room. She felt it was ~ full a lot of the time. Mayor Ristow stated as the city continues to grow and with upcoming developments, there could be issues. It would be good to have the room for expansion. Looking at longevity of the building, he felt the population would be there to account for the size. Councilmember Fogarty agreed. (Councilmember Cordes arrived). Council Workshop Minutes May 3, 2004 Page 2 Mayor Ristow felt it would be nice to have enough room so Council does not feel boxed-in. Mr. Cox stated it is hard to change a Council Room. Conference Rooms and offices are easier to change. Mr. Cox gave Council two options to proceed: 1. Develop a Master Plan up to 2400 sq. ft. by including 2 conference rooms to be used for expansion, or 2. Develop a Master Plan for 2400 sq. ft. for a Council Room. This would allow for 75 people beyond Council and staff. Mr. Cox had spoken with Councilmember Soderberg prior to the meeting and he agreed with 2400 sq. ft. Councilmember Fogarty also agreed with 2400 sq. ft. Councilmember Fitch stated that was fine, but he did not want to build a monument to themselves. The next topic was flexibility. Mr. Cox stated some cities use the Council Room for other things such as renting it out for special events. Mayor Ristow would not recommend that because of the equipment. Councilmember Fitch agreed. Councilmember Fogarty stated the city does have other facilities for that type of use. Councilmember Cordes stated the room is used most nights during the week. Mr. Cox stated regarding organization, currently the presenter is off to the side versus in the center with the audience behind. Lakeville has the presenter in the center with a screen behind Council. Mayor Ristow stated with the screen off to the side like it is now, most ofthe audience cannot see the screen. Councilmember Fogarty felt it was more inviting to the audience to participate with the presenter off to the side. As far as placement of staff, they could be part of the Council table or in Apple Valley they are off to the side in a jury box. Some cities have the City Administrator and Attorney at the Council table, others are called up as needed. Mayor Ristow felt it was confusing to the audience to have staff at the Council table. Councilmember Fogarty agreed, but wants the staff to have a spot and not be in the audience. Mayor Ristow agreed. Mr. Cox stated the sight lines are better with the Council table raised. The City Administrator and Attorney could be seated down a level. Mr. Cox then asked the Council about research space to speak with residents such as a conference room. Councilmember Fogarty stated it would be nice to have a space at City Hall to meet with people and have the resources of City Hall available if needed. Councilmember Cordes stated the 2400 sq. ft. could include a couple Conference Rooms. Mr. Cox stated they would be 350 sq. ft. each, the same as the current conference room. Councilmember Cordes felt to have a separate conference room just for Council would be a waste of space. Mr. Cox will meet with Council again on May 24,2004 at 7:00 p.m. The meeting adjourned at 6:45 p.m. Respectfully submitted, /' ........c? _ d d' , " ~ .n-7~-f../ ~ia Muller Executive Assistant 7; DRAFT Farmington Parks and Recreation Advisory Commission Minutes from the Regular Meeting on April 14, 2004 Members Present: Randy Oswald, Mike Buringa, Dawn Johnson, Robin Hanson and Paula Higgins Members Absent: None Other's Present: Nate Simon, Empire Township Park and Recreation Advisory Board member and Randy Distad, Parks and Recreation Director. I. Call To Order Chair Oswald called the meeting to order at 6:01 p.m. Quorum was present. II. Approval of Agenda. Agenda was amended in the following manner: Jack Olwell presentation was pulled from the agenda Park development and park planning item was added under Old Business Higgins moved and Johnson seconded to approve the meeting agenda as amended. APIF m. Approval of Minutes. Motion by Buringa, seconded by Higgins to approve the minutes from the March 10, 2004 meeting. APIF IV. Presentations A. Empire Township's Request for Puppet Wagon Performance Nate Simon from Empire Township's Park and Recreation Advisory Board presented a request that the City of Farmington's puppet wagon be allowed to provide a puppet wagon performance five times during the summer and that Empire Township would be willing to pay $250.00 to cover this cost and would be willing to work with the City so that performances would occur on the same day that other performances are given and that Empire Township would be listed as an additional stop on the puppet wagon performance schedule. Mr. Simon stated that the performance would be open to the public to watch regardless of where they live. It is not intended that the puppet wagon performance would be only for Empire Township residents. Motion by Buringa and seconded by Higgins to approve this request and forward this recommendation to the City Council. APIF. B. Park and Recreation Department's 2003 Annual Report Director Distad provided a brief summary about the annual report. Commission members provided some feedback on the annual report suggesting that more youth sport camps be offered and explore possibility of providing an intramural program that offers off-season sports leagues. Question was raised about what triggers program cancellations. Director Distad stated that it is driven by enrollment in the program and whether or not there is enough people registered to cover the cost of the program. All programs are offered based on an at least break-even basis. However, if it is a new program, it sometimes is run at a deficit just in order to build a base following that will carry over to the next time that the program is offered and as a result registrations will increase. V. Old Business A. Cost of Lighting Rambling River Park Tennis Courts Director Distad reviewed the new information concerning the cost to replace the existing lights at the Rambling River Park tennis courts. He informed Commission members that after staff conducted some research on a portable lighting system and the only system that could be found involved the use of a portable generator to power the lights. This didn't appear to be a viable option. Distad also stated that he and Don Hayes, Park Maintenance Supervisor, met with Xcel Energy about other possible sources of power for the lights. Xcel offered to install another power pole from where the existing power poles end just north of the playground equipment. This would mean that the City would not have to run a new underground power under the Vermillion River and thus saving time and work on having to acquire a permit to work in protected waters from the DNR. However this option would not save the City any money as it would still cost the same to run underground wiring from the new pole to the tennis courts as it would going under the Vermillion River. Distad suggested that this issue should be addressed when a master plan is developed for Rambling River Park. Motion by Hanson and seconded by Higgins to not install new lights at the Rambling River Park and continue using the existing lights until the tennis court lights can be addressed as part of the Rambling River Park master planning process. APIF. B. Future Park and Open Space Map Review and Date of Tour Director Distad provided an updated future park and open space map and suggested that PRAC members should go on a tour to look at the future park locations to make sure that they are in the proper location. By consensus, it was decided that Commission members would go on a tour on Monday, April 26th from 12:00 Noon until 3:00 p.m. Distad stated that he would make sure that notification would be given to the public of the tour and that he would set up transportation for Commission members. C. MUSA Review Committee Update Chair Oswald provided an update to Commission members on the MUSA Review Committee's past meeting. He stated that the Committee reviewed the letter's of interest that were submitted and the request for properties to be annexed. He identified a 10 acre parcel in the southeast part of town that had been given MUSA but then gave it up to another development with the promise that when MUSA was given out the next time that they would be guaranteed to get MUSA. Oswald informed Commission members that at the next Committee meeting that members would be digesting and sorting through requests and would be going back over to review the criteria that was previously identified for selecting properties that would be given MUSA. He stated that he would provide a MUSA update to Commission members at the May meeting. D. Park Planning and Development Schedule Director Distad provided an update on the park planning and park development schedule and identified that now included in the schedule was additional information about park planning and park development projected costs and what potentially the improvements could be in the parks. Distad stated that he has placed it on the April 19, 2004 City Council agenda for approval. VI. New Business A. Review Playground Equipment Proposals and Plans for Tamarack Park Director Distad presented the six playground equipment plans and proposals that were received. After some discussion, it appeared that Commission members seemed to most favor the playground equipment proposal and plan submitted by Flanagan Sales, Inc. Motion by Hanson and seconded by Higgins to purchase the Little Tikes Playground Equipment from Flanagan Sales, Inc. B. Review Picnic Shelter Proposals and Plans for Tamarack and Meadowview Parks. Director Distad presented the three picnic shelter plans and proposals that were received. After some discussion it appeared that Commission members favored the picnic shelter plans and proposals from Flanagan Sales, Inc. Motion by Hanson and seconded by Higgins to purchase the picnic shelters for Meadowview and Tamarack Parks from Flanagan Sales, Inc. C. Review RFP Schedule for Community Center Feasibility Study and Makeup of Potential Community Center Study Task Force Director Distad reviewed with Commission members the schedule for selecting a consultant to lead the City through a Community Center Feasibility Study. It is anticipated the PRAC would recommend to the City Council at its May 17th meeting, the name of a consultant that the City should hire for the Study. Commission members also discussed potential organizations from the community that should have representation on a Community Center Feasibility Study Task Force if one is formed. The following organizations were identified: . Service Organization such as a Lion or Rotary Club member . Student from Farmington School District . Park and Recreation Advisory Commission . City Council . Day Care Provider . Chamber of Commerce/Business Community . Senior Citizen . Farmington School District employee . Farmington Youth Athletic Association . Ministerial Association . Two Citizen at Large one from the 35-50 year age group and one from the 20-35 year age group By consensus, it was decided that Commission members should bring back to the May 2004 meeting, some possible community member names that would represent these community organizations. D. Indoor Ice Facility at County Fairgrounds Discussion Commission member Higgins raised the question about whether or not the City has contacted the County Fairgrounds about the possibility of a partnership to build an indoor ice facility at the County Fairgrounds. Director Distad stated that no contact has been made yet and that this would be something that would be analyzed as part of a Community Center Feasibility Study. VU. Additions to the Agenda None VIII. Staff Report Director Distad updated PRAC members on the following items: Contracting with Community Season to provide web-based registrations that will be implemented beginning with summer program registration . Showed Commission members the new Adopt-a-Park sign that will be installed in parks. . Updated Commission members on the postponement of his attending an Empire Township Park and Recreation Advisory Board meeting until April 19th. . Attendance and presentation of the Park and Recreation Wish List at a Farmington Lion's Club April meeting. . Attendance and presentation of a proposal for leasing space for soccer fields and trail construction on S1. Francis Health Systems property south of Trinity Terrace. . New park signs were ordered and are expected to be shipped sometime in early May. . Improving site furnishing in parks including purchasing and installing new waste containers, benches and picnic tables. . Meeting with traveling baseball on the partnership that has been established regarding ballfield improvements at Prairieview Park. IX. May Meeting Agenda Topics Following items were identified for the May 2004 meeting agenda 1. Presentation by Jack Olwell 2. Community Center Feasibility Study recommendation 3. Community Center Feasibility Study Task Force makeup discussion 4. MUSA Review Committee Update 5. Future Park and Open Space Map Review and Revisions X. Adjournment Motion by Hanson, seconded by Higgins to adjourn the meeting. APIF'. The PRAC meeting was officially adjourned at 8:42 p.m. Respectfully Submitted, Randy Distad Parks and Recreation Director and Recording Secretary /e. 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: Resolution accepting donation DATE: May 17,2004 INTRODUCTION / DISCUSSION The Farmington Police Department has received the offer of a donation from Rico's State Quarter Company of Rosemount, MN. Mr, Mike Gruber wishes to donate two sets of uncirculated State Quarters in albums; one uncirculated Five State Quarter set and one collectible US Military Iraqi Capture/ Reward deck of cards with a total value of$125.00. Mr. Gruber has suggested that the collectibles could be used as door prizes during the Police Department's National Night Out campaign on August 3rd. The Police Department would honor that suggestion, ACTION REQUESTED Adopt the attached Resolution accepting the donation as described. Respectfully submitted, Daniel M. Siebenaler Chief of Police RESOLUTION NO. R -04 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of May, 2004 at 7:00 p.rn. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, The Farmington Police Department sponsors a National Night Out Crime Prevention program in August of each year, And WHEREAS, It is in the best interest of the City of Farmington to promote Crime Prevention for it's citizens, And WHEREAS, Mr. Mike Gruber of Rico's State Quarters, Company of Rosemount, Minnesota is interested in promoting that campaign with a donation from his company. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the donation of the following collectible items for use in promoting the Farmington Police Department's National Night Out celebration on August 3rd, 2004: Two uncirculated U.S. State quarter sets in albums valued at $100.00 ; One uncirculated Five State Quarter set with case valued at $ 20.00; and One deck US Military, Iraqi Capture /Reward cards valued at $25.00. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of May 2004. Mayor Attested to the _day of 2003. City Administrator SEAL 7J City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David Urbia, City Administrator SUBJECT: Council Workshop DATE: May 17, 2004 INTRODUCTIONIDISCUSSION Wold Architects would like to meet with Council to discuss the City Hall project. ACTION REOUESTED Set a Council Workshop for Monday, May 24, at 7:00 p.m. in the City Council Chambers. Sincerely, ~47(L David Urbia City Administrator 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: M C '1m b C' Adm" EJ/t/ ayor, OunCl em ers and Ity lIDstrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Capital Outlay - Parks DATE: May 17,2004 INTRODUCTION Staff have identified park capital improvement projects to be completed in the next several months, DISCUSSION Staffhave solicited quotes for the following park capital improvement projects to be completed this summer: Dakota County Estates Park: Install three new pedestrian ramps to make existing trail accessible from the street, remove and replace a small portion of existing concrete border around playground with surmountable curb to make the playground equipment accessible from the existing trail and pour four 5 ft x 5 ft concrete pads for new waste containers Hill Dee Park: Install one new pedestrian ramp to make existing trail accessible from the street, remove existing wood border and pour new concrete border around the playground equipment and pour four 5 ft x 5 ft concrete pads for new waste containers Troy Hill Park: Install two new pedestrian ramps to make existing trail accessible from the street, remove small portion of existing concrete border around playground equipment and replace with surmountable curb to make playground equipment accessible, pour two 5 ft x 5 ft concrete pads for new waste containers Daisy Knoll Park: Install three 5 ft x 5 ft concrete pads for new waste containers Hillview Park: Install one 5 ft x 5ft concrete pad for new waste container Fair Hills Park: Pour three 5 ft x 5 ft concrete pads for new waste containers and install one pedestrian ramp to make existing trail accessible from the street Daisy Knoll Park: Pour three 5 ft x 5 ft concrete pads for new waste containers Lake Julia Park: Pour three 5 ft x 5 ft concrete pads for new waste containers Pine Knoll Park: Pour three 5 ft x 5 ft concrete pads for new waste containers and pour one 12 ft x 12 ft concrete pad for new bike rack Nine Trail Locations: At each location pour one 5 ft x 5ft concrete pad for new waste container Each park was solicited as a separate quote. The following identifies the contractor by name and the park that they submitted the low quote for completing the improvements: CG Construction. Farmine:ton. MN Hill Dee Park $8,170.00 Troy Hill Park $2,900.00 Dakota Estates Park $6,200.00 Fairhills Park $3.150.00 Total $20,420.00 Conboy's Excavatine:. Farmine:ton. MN $300.00 $150.00 $300.00 $750.00 $2.250.00 $3,750.00 Daisy Knoll Park Hillview Park Lake Julia Park Pine Knoll Park Nine Trail Locations Total In addition to the above park improvement projects listed above, Dakota County Estates Park and Daisy Knoll Park also need to have ballfield backstop improvements completed. The backstop at Dakota County Estates Park needs to be replaced due to age and condition. The backstop at Daisy Knoll will only need to have the fencing around the backstop replaced due to age and condition. Caron Fence from Faribault, Minnesota submitted the low quote for this work in the amount of $4,749.00. When completed the improvement projects identified will accomplish the following: improve the accessibility to trails and playground equipment, improve the safety around the ballfields and secure waste containers so that they cannot be tipped over and thereby improve the cleanliness of the parks. BUDGET IMPACT The total cost of these park improvement projects is $28,919.00. There are funds available in the Park Improvement Fund budget to cover the cost of these improvements. ACTION REQUESTED No action is requested. This is for informational purposes only. ~p:zm andy DIstad, Parks and Recreation Director ~a.. 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, \(P (j City Administrator C;:/'1d FROM: Lee Smick, AICP City Planner SUBJECT: Farmington Gateway Shopping Center - Final PUD Agreement DATE: May 17, 2004 INTRODUCTION The developer, Jon Einess, Schwiness, LLC, is seeking an approval of a Final PUD Agreement to construct a 9,660 square-foot retail commercial building on Lot 1, Block 1 of the Dakota County Estates 9th Addition. DISCUSSION Planning Commission Meeting At it's May 11, 2004 meeting, the Planning Commission recommended approval of the Farmington Gateway Shopping Center with two conditions attached to the recommendation. The first condition was to allow a front yard setback for the pylon sign to be located ten (10) feet from the Pilot Knob Road right-of-way easement, instead of the minimum fifty (50) foot required setback; allowing for a deviation of forty (40) feet. The second condition included the requirement to add a third handicap parking space in order to meet the MN. Accessibility Code 1341.0403 Item E Sub item (1) ADAAG 4.1,2(5)(a), Property Description The property is located directly north of the Akin Hills Vet Clinic and Anchor Bank and is situated between Pilot Knob Road and English Ave, The property is surrounded by townhomes and single- family residential to the east, existing commercial to the north and south, and multi-family residential (Cameron Woods) to the west. The proposed building would contain a total of 9,660 square feet of tenant space (4,758 square feet for the City's Liquor Store and 4,902 square feet for other tenants), Allowable Uses/Conditional Uses Under the PUD agreement the below listed land uses would be permitted within the commercial development. Any other land uses not specified within the PUD Agreement but listed within the B-1 (Limited Business) Zoning District must seek a Conditional Use Permit to be approved by the Planning Commission and the City Council. Any other uses not currently listed in either the PUD Agreement or within the B-1 zoning district must seek a PUD Agreement amendment and/or amendment to the B-1 zoning district. a. Retail Facilities b. Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. c. Liquor Store d. Coffee Shops e. Health Club f. Offices g. Personal and Professional Services, including financial services h. Personal Health & Beauty Services 1. Animal Clinics J. Convenience Store, without gas k. Automobile service and repair 1. Clinics Site Design The proposed building will face north along Upper 183rd Street. The rear of the building will adjoin an existing road easement with the Akin Hills/Anchor Bank building. The maximum lot coverage is 25%; the developer proposes a 20% lot coverage. The building is set back 50 feet along all 3 road frontages. The trash enclosure is proposed for the rear of the building. Building Design The developer is proposing architectural treatments including a predominantly brick exterior with large glass storefronts and windows, three complementary colors of brick, two complementary colors 2 of stucco, a sill under the windows, capped brick columns, roof line coping, decorative lighting fixtures, and colored awnings. Floor Plan Two (2) tenant spaces are currently proposed. The Liquor Store space includes 4,758 square feet and the remaining space includes 4,902 square feet. Parking Lot/Access The City Code requires 48 standard parking spaces equaling 1 space per 200 square feet of retail use. The developer proposes a total of 59 standard parking stalls and 2 handicap stalls are proposed to accommodate the needed parking. However, per the requirements of the Building Official, the developer is required to provide an additional handicap parking space to meet the MN. Accessibility Code 1341.0403 Item E Sub item (1) ADAAG 4.1.2(5)(a). Vehicular access for the development will be from Upper 183rd Street and a shared entrance off of English Avenue. Lighting The developer is proposing four (4) light standards positioned around the parking lot. Two (2) of the standards are located along the parking lot perimeter adjacent to Upper 183rd Street, one (1) along the parking lot perimeter adjacent to Pilot Knob Road and the final standard along the parking lot perimeter adjacent to English Avenue. The standards will be "shoe box" design with the lighting directed downward to minimize spill. The developer is also proposing wall pack lighting fixtures as shown on the elevation. The wall pack lighting on the east side of the building will be a cut off design to minimize light spill to the residence along English Avenue. Landscaping City Code requires a minimum of 10% landscape area within the B-1 zoning district (Section 10-6-14 (E) 5). The developer is proposing a total landscaped area of 15% ofthe site. The developer is proposing a three (3) foot landscaped berm on the east side of the development that will provide screening for the residents living on the east side of English Ave. The berm will contain eight (8) Colorado Spruce to provide screening from the parking area (this is similar to what was provided on both the Vet Clinic and the Farmington Marketplace sites). The west perimeter of the parking area will contain two varieties of crab trees (4 total), and two (2) Norway Maple are proposed along the north property line. A variety of shrubs is proposed within the landscaped parking islands. 3 The developer proposes to sod the perimeter of the parking lot. Wood chips will be installed surrounding all planting beds. All landscaped areas and planting beds will be installed with an automatic sprinkler system. Trash Enclosure A trash enclosure 14' wide x 10' deep is proposed along the rear of the building. The developer proposes to deviate from the attached plan and relocate the trash enclosure to the west in order to serve the proposed Liquor Store more adequately. The Solid Waste Division has reviewed the proposed location of the enclosure at the rear of the building and has found no issues with the location of the structure. Signage The developer is proposing both wall and pylon signage as part of the project. One (1) 150 square foot pylon sign is proposed to be located at the northwest corner of the lot. The height of the proposed sign will be twenty-four feet and eight inches (24' 8") in order to line up with the heights of the existing signs at Farmington Marketplace and Akin Hills Pet Hospital. The developer is seeking a modification to the minimum fifty (50) foot front yard setback requirement by placing the pylon sign ten (10) feet from the right-of-way easement. This would be a deviation of forty (40) feet. The Planning Commission approved the same requirements with the Farmington Marketplace PUD. The City Sign Ordinance allows a maximum 10% of wall signage when both wall and pylon signage are proposed. Based on this formula a maximum of 200 square feet of wall signage would be permitted for each building. This area would be allotted among the number of tenants in each building. See the attached elevation drawing for the proposed placement of the wall signage and the site plan for the proposed location of the pylon signage. Engineering Comments The Engineering Department has forwarded comments to the developer concerning engineering issues that need to be addressed at the construction phase of the project. The Engineering Department recommends approval of the site plan. ACTION REQUESTED Approve the attached Planned Unit Development Agreement for the Farmington Gateway Shopping Center located on Lot 1, Block 1, Dakota County Estates 9th Addition with the following noted modifications to the minimum requirements of the City Code: 4 Noted Modifications: 1, The front yard setback for the pylon sign to be located ten (10) feet from the Pilot Knob Road right-of-way easement, instead of the minimum fifty (50) foot required setback; this is a deviation of forty (40) feet. 2, A third handicap parking space is required for the shopping center in order to meet the MN, Accessibility Code 1341.0403 Item E Sub item (1) ADAAG 4.1.2(5)(a). Respectfully Submitted, ~ ~ Lee Smick, AICP City Planner Cc: Jon Einess, Schwiness, LLC Larry White, Grand Projects, Inc, File 5 Proposed Farmington Gateway Shopping Center UP, 182ND ST o 200 o D N w~e SA Gas Station [? c? ~ U s FARMINGTON GATEWAY SHOPPING CENTER PROJECT DESCRIPTION General Proiect Description Our goal for this project is to create an attractive shopping center at the northern gateway to the City of Fannington featuring small to medium sized businesses. Subject Property The proposed project is located in Fannington, Minnesota at the southeast corner of Pilot Knob Road and Upper 183rd Street on land legally described as Lot 1, Block 1, Dakota County Estates 9th Addition ("Subject Property"). The Subject Property is 48,005 square feet, approximately 230 feet by 210 feet (see enclosed survey). The Subject Property exceeds the Fannington Code requirements for minimum lot size and lot width. The property is zoned as Planned Unit Development pursuant to Ordinance 086-176, adopted February 18, 1986. We propose to enter into a Planned Unit Development Agreement ("PUD Agreement") with the City of Farmington for the project. Developer The developer, Schwiness LLC ("Developer"), is a Minnesota Limited Liability Corporation. The owner of the Subject Property is Eagle Trace, LLC ("Owner"), a Minnesota Limited Liability Corporation. Owner has approved the submission of this site plan review request by Developer (see enclosed approval). The Owner and Developer are under common control and the Owner plans to transfer ownership of the Subject Property to Developer prior to the beginning of construction. The principals in the Developer are commercial real estate developers and managers in the Twin Cities area. A representative sample of the principal's previous projects include the following: 1. Farmington Marketplace Center, Fannington, Minnesota 2. Eagle Trace Center, Burnsville, Minnesota 3. Aspen Child Care, Burnsville, Minnesota 4. Dakota Center, Eagan, Minnesota 5. Prairie Village Mall, Eden Prairie, Minnesota 6. Valley Creek Mall, Woodbury, Minnesota 7. Centennial Lakes Medical Building, Edina, Minnesota 8. Lakeville Medical Building, Lakeville, Minnesota 9. Ridge Pointe Medical Buildings I and II, Burnsville, Minnesota 10. Perkins Restaurants (10 units in Midwest) Buildine We are proposing a single building with a total of 9,660 square feet (9,524 leaseable) constructed with high quality materials. Architectural elements include a predominately 1 brick exterior with large glass storefronts and windows, three complementary colors of brick, two complementary colors of stucco, a sill under the windows, capped brick columns, roof line coping, decorative lighting fixtures, and colored awnings (see enclosed Elevation Drawings). The building includes a trash enclosure and a cardboard recycling container at the rear of the building. Site Plan The proposed Site Plan (see Site Plan enclosed) orientates the building front to the north and is intended to provide high visibility to the shopping center from Pilot Knob Road and easy access to parking. This layout also has the benefit of avoiding having the front signage project directly into the residences to the east of the Subject Property. The Site Plan provides for two entrances to the Subject Property, one off of Upper l83rd Street and one along the south property line as part of the shared easement with the adjoining property to the south. The lot coverage ratio is 20 % (allowed lot coverage ratio is 25 %). The Site Plan meets or exceeds the Code requirements for front, side, and rear yard setbacks. Land Uses We propose that the Subject Property be used for those land uses generally pennitted in the B-1 Zoning District as described in the Farmington Code. These uses include small and medium sized retail, restaurant, service and related commercial businesses. The Developer specifically proposes the following uses: 1. Retail Facilities 2. Restaurants and Fast Food Restaurants (so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane) 3. Liquor Store 4. Coffee Shops 5. Health Clubs 6. Offices 7. Personal and Professional Services (including [mancial services) 8. Personal Health and Beauty Services 9. Animal Clinics 10. Convenience Store 11. Automobile Service and Repair 12. Clinics We also propose that other uses be allowed as follows: 1. Uses allowed by the B-1 Zoning Classification with a conditional use permit, subject to obtaining a conditional use permit from the Board of Adjustment; and 2. Additional uses approved by the City Council via future amendments to the PUD Agreement. 2 Parkine The Site Plan provides for a total of 61 parking stalls (59 standard stalls, 2 handicap accessible stalls), a ratio of 6.4 stalls per 1,000 square feet. The parking stalls are distributed in the front of the building, and on the east and west sides of the building. In the rear of the building there is a loading area and two parking spaces that will be used predominately for tenant employee parking. Parking lot lighting will be on standards with a shoebox fixture design (see Site Plan). Wall pack lighting will be installed on the building as indicated on the Elevation Drawing. The wall pack lighting on the east side of the building will be of a cut off design to minimize light spill to the residences on English Avenue. Sienaee The building will provide for a sign band above the storefronts and a smaller sign band along the west side of the building. The sign band will be constructed of stucco. The total permitted sign area for the building (200 square feet) will be divided between the tenants in proportion to the size of each tenant's leased premises. The Owner plans to require raceway sign designs to minimize damage to the stucco upon installation or removal of signs. This proposal provides for one pylon sign (150 square feet maximum size and not exceeding 26 feet in height) located at the northwest corner of the site (see enclosed sign design illustration). The sign will be illuminated. The Developer plans to keep the top of the sign no higher than the pylon signs at Farmington Marketplace. It is our understanding that the Code calls for the pylon sign setbacks to be the same as the building (50 feet from the property line). It is also our understanding that this has generally not been considered practical on small lots and that neighboring properties have been granted variances to place pylons in the landscaped yards along Pilot Knob road. We request that we be allowed to locate our pylon sign no closer than 10 feet from the west right of way line at the northwest corner of the property. Landscapine The landscape plan (included on enclosed Site Plan) was designed to meet the various plant number, species and spacing requirements, and the landscaped perimeter requirements of the Code. The total landscaped area of the Subject Property, including yards and islands with plantings, represents approximately 15% square feet of the total Subject Property. This is substantially greater than the Code requirement of 10%. The landscaped yards located along the perimeter of the site include landscaped islands that provide traffic control and break up the paved expanses. Coniferous trees and shrubs set on a small berm along English Avenue are designed to screen the Subject Property from the residences to the east. We will also complete the sidewalk along the 3 east side of the Subject Property by connecting the existing sidewalk to the south with Upper 183rd Street. The Pilot Knob Road side of the Subject Property includes ornamental trees and other low-growing plantings to avoid obscuring storefront visibility from Pilot Knob Road. We also plan a grouping of planting around the pylon sign to serve as a decorative entrance to the City and the intersection. Finally, we propose a planter and flag pole on the island at the northwest side of the building. 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(l. ::> Pt''''_.l'::i ~ ----'""..:;-- (avo~ 80N>l 1011d) H: 'ON 'HYS':> I I 661 'ON dVrl .wM-JO-IHOI~ avo~ .l.lNno:> VlO>lVa i p; .t. ~!; ~.' I ii~ L h~ ..A o If. I.j "1' fl- .1.1 !l~ IN i I u z ~~ ZZ ,,0 ... ..." OZ =~ Q.a: 0( 10. o Z <( ti~ 0(... ZQ. ~~ 0_ ... g; .3 <( a: " i~ ~ if z fj~: A. cB: !~~i III 0: o ~ ~ zO: Sl ill .1 In · J o' ~~ ~ [Q " ""'w w z (3 z w 9 i I II U i) !!I 'I fi. IIi It~ I I Jp hI m J I ! i j : I . · . , ii ': i 1 I . a .P~i. , . ~ . . . PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated ,2004, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (referred to herein as "City"), and Schwiness, LLC, a Minnesota Limited Liability Corporation (referred to herein as "Developer"). RECIT ALS A. Developer owns property situated in the County of Dakota, State of Minnesota, and legally described as Lot 1 Block 1, Dakota County Estates 9th Addition. ("Subject Property"). B. On February 18, 1986, the City Council adopted Ordinance 086-176, rezoning the Subject Property from R-I to Planned Unit Development. C. On September 9, 1994, the City approved a Development Contract for the Subject Property ("Development Contract"). NOW, THEREFORE, the parties agree as follows: 1. Request for Approval. Developer has asked the City to approve a Final Site Plan for the Subject Property (also referred to in this Agreement as the "Site Plan"). 2. Conditions of Approval; Conditions of Agreement. The City hereby approves the Site Plan for the Subject Property subject to the conditions set forth in this Agreement, on condition that Developer enters into this Agreement. 3. Effect of Planned Unit Development Approval. For a period of three (3) years from and after the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout, or 98382 1 dedications of the development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything within this Agreement to the contrary, and subject to non-conforming use rights and to the extent permitted by State and Federal Law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, Zoning Ordinance, official controls, platting or dedication requirements enacted after the date of this Agreement. 4. Plans. The City grants approval to the development of the Site Plan in accordance with the following plans, which are on file at Farmington City Hall. The plans are not attached hereto. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Site Plan Plan B - Elevation Drawings; Floor Plan Plan C - Water Main Plan Plan D - Grading/DrainagelUtilities Plan Plan E - Landscape Plan 5. Terms of Site Development. The Subject Property shall conform to the following minimum requirements: A. Building Area - The building shall not exceed a footprint of 9,660 square feet. B. Building DesignlMaterials - The building design and materials will be consistent with that of the site plan and building details approved by the City Council. Architectural elements shall include a predominately brick exterior with large glass storefronts and windows, three complementary colors of brick, two complementary colors of stucco, a sill under the windows, capped 98382 2 brick columns, roof line copmg, decorative lighting fixtures, and colored awnings as shown on the Elevation Drawings. C. Parking - A minimum of 58 standard parking stalls and a minimum of 3 handicap accessible parking stalls will be maintained and used for commercial use by customers, vendors and other visitors to the Subject Property. The City and the Developer agree to a parking setback of 8 feet from the right of way line on the west side of the Subject Property. D. Landscaping - Except as otherwise specifically provided herein, the Site Plan will meet or exceed the minimum requirements of the City's Landscape Ordinance. E. Sidewalk - The Developer will be responsible for the construction of the sidewalk along English Avenue, completing the connection between the two existing sidewalks. F. Trash Enclosures - The Developer will provide one (1) trash enclosure that will be constructed with the similar materials as proposed for the main structure. G. Compliance with the recommendations contained in the City Planner's report dated May II, 2004 and the City Engineer's Report dated 6. Zoning. The following land uses are permitted under this Agreement: a. Retail Facilities 98382 3 b. Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. c. Liquor Store d. Coffee Shops e. Health Club f. Offices g. Personal and Professional Services, including financial services h. Personal Health & Beauty Services 1. Animal Clinics J. Convenience Store, without gas k. Automobile service and repair 1. Clinics Any other uses not included above will require either: (i) an amendment to this Agreement approved by the City Council; or (ii) a conditional use pennit authorized by the Board of Adjustment pursuant to the conditional use penn it process and City Code for the B-1 Limited Business District Zoning Classification. 7. Compliance with Permit and Licenses. It is the responsibility of the Developer to obtain and comply with all necessary approvals, permits, and licenses from the City of Farmington, Dakota County, Minnesota Pollution Control Agency, Minnesota Department of Health, and any other regulatory agency affected by or having jurisdiction over the site. All costs incurred to obtain said approvals, permits, and licenses shall be the responsibility of the Developer. 8. Compliance with Laws and Regulations. Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and 98382 4 Federal laws and regulations, including but not limited to the City of Farmington City Code, planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations in effect during the course of this development or Agreement. Developer agrees to comply with such laws and regulations. 9. Enforcement. Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. Developer shall pay in full all bills submitted to it for the above-referenced costs by the City within sixty (60) days after receipt. Bills not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. 10. Miscellaneous. A. Breach of any material term of this Agreement by Developer shall be grounds for denial of building permits. B. If any material portion, section, subsection, sentence, clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by Developer, their agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. C. The action or inaction of any party shall not constitute a Waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. 98382 5 D. This Agreement shall run with the land and shall be recorded in the Dakota County Recorder's office. The Development Contract dated September 9, 1994, is hereby terminated with respect to the Subject Property as of the date of this Agreement. The parties shall file a release of such Development Contract covering the Subject Property within a reasonable time after the date of this Agreement. E. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. F. Third parties shall have no recourse against the City or Developer under this Agreement. G. Except as otherwise specified herein, Developer shall pay all costs incurred by Developer and the reasonable costs incurred by the City in conjunction with the development as set forth in the Site Plan, including but not limited to Soil and Water Conservation District Charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Site Plan, and the preparation of this Agreement. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 11. Notices. Required notices to Developer shall be in writing, and shall be either hand-delivered to Developer, its employees or agents, or mailed to Schwiness, LLC c/o Jon Einess by registered mail at the following address: 708 North First Street, #423, Minneapolis, 98382 6 MN 55401. Notices to the City shall be in writing and shall be either hand-delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Farmington City Hall, 325 Oak Street, Farmington, Minnesota 55024. CITY OF FARMINGTON By: Gerald Ristow, Mayor And David Urbia, City Administrator Schwiness, LLC By: Jon Einess Its: Chief Manager 98382 7 STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20_, by Gerald Ristow and David Urbia, the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20_, by , the of , a , on behalf of said Notary Public 98382 8 /O~ 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 . . [}'ltt! ayor, ounCl mem ers, Ity mlmstrator .... FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - CSAH 70 Designation Revocation DATE: May 17,2004 INTRODUCTION The Dakota County Board has revoked the County State Aid designation of the non-existing CSAH (County State Aid Highway) 70 from Cedar Avenue to CSAH 50 in Farmington at their April 20th meeting. The mileage revoked in Farmington is approximately 0.58 miles. The total mileage revoked is 1,08 miles. The County intends to designate a portion of County Road 50 in Lakeville with this mileage (see attached maps). DISCUSSION The amount allotted to the County's State Aid account every year is based on the "needs" of the designated roadways. In this particular case, the section of CR (County Road) 50 that the County plans on designating will generate more dollars in their State Aid account than the non-existing section of CSAH 70 currently generates. The County indicated that CR 50 will also generate more funds than the existing CR 64 in Farmington. It is the County's desire to maximize the amount in their State Aid account. The County can then spend those dollars on whichever designated alignment they choose, They are not locked in to spending the exact dollars generated by the needs of a particular roadway on that specific roadway. The County has a fixed amount of mileage that they can designate as County State Aid Highways. Unlike the City, where the amount of State Aid mileage that can be designated increases as the City adds overall roadway mileage, the County must petition the State Screening Board to add State Aid mileage in their system. In discussions with County staff, it has been indicated that it is the County's intention to petition the Screening Board to allow the County to add Alignment "C" (195th Street) to their CSAH system. Attached is a resolution that the County needs from Farmington approving the County's revocation of the County State Aid Highway status on the section of CSAH 70 in Farmington. The State requires a concurrence resolution from the affected City before they will make the revocation official. BUDGET IMPACT None, ACTION REQUESTED Adopt the attached resolution approving the revocation of County State Aid Status for County State Aid Highway 70 within the City limits of Farmington. Respectfully Submitted, ~YM~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R36-02 REVOCATION OF CSAH 70 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of May, 2004 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, the County Board of the County of Dakota did adopt a resolution on April 20, 2004, revoking non-existing County State Aid Highway 70 from County State Aid Highway 23 (Cedar Avenue), through the Cities of Lakeville and the City of Farmington to County State Aid Highway No. 50 in Farmington as part of the Dakota County State Aid system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington that the revocation of "non-existing" County State Aid Highway 70 within the City limits is in all things approved; and BE IT FURTHER RESOLVED that: the City Engineer is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of May, 2004. Mayor Attested to the day of ,2004. City Administrator SEAL 'L " /JL-/::=>/ I II IIII \ ~\ \ 1) . I l \'" ----p- .- ... - .--~...... ~l(P) I '\\ LA-KEVILLE 'I' h:-: :-:~i~'~ I I \ ~\\ >',,-"-, : : "\ J L_ __ -.-----1 : I \\L- \ \ \\ \ \ \\ ,\ \\ \ J~~W--"Co~~ -I @.. -..-- _1@liJL ~1~RMIMGror- ! ~_AIlU~J~Lj [_____1_____... -IIJ,i-_~~ !-1- ~~. : '/ @7-- i -J-C111 f r--<s>kuR~KA :---<S> --- Jl: / I . , Revoke Non-Existing C.S.A.H. 70 I LAKEV ILLE Ji .--/- -----'-. <B> v........ 5& " I' ;,' '-, , ( " """~._",,-, o I: ,~~~~ II,I! III --'\ C ---'lJ') I .@ ',II ~'-.. // <B> ~ I' -l. 64 <l III \ ~ ~ I { __ ~:~_ <$> ()' [2] ~ ~~ II ~ / ~ \ III '-':.J30 - /~_:. 7 ,., __ 1III I ~~\ .rf (i f j - - j .'-CIr.:;;{\7'-O....'-:~: I_@v..f' ,I' ~s'~L_ ~ .F" ~~-> / FARMINCiTIlN. L~ ~ ~' - r'- I~';~~~- ~ j @ ==m:J ,'L ] =~ 1IRPORT I J ~ f~j ~ Ii I ~ ~~...--~'---~' I p., ,,;-./~ 1'- ,~ r - y t _ Revoke Non-Existing C.S.A.H. - Designate C.S.A.H. @ ~ " @ - I :,1" ::1;.... ill;!!'@lj@] I' I i DAKOTA COUNTY Ii I: _.@ 'VESTERN SERVICE :1 I: It - CENTER , Se=JdcM4") . ,. l"' -r .l--~;: "1: I APPLE .~ , V ALLEY -...,....<+-;----.,.--_.,-- ".........-..... @ @~ ~ Attachment A Q WESCOTT ~ LIBRARY [ @/ 0] INVER @; .Il GROVE I ,',i/\' HEIGHTS @<~:{:~, ",,,\\ 'I I , :',\\ ~ @1"'"I'" Ii! " \;I'I_'\-:- ! ;1,1, . ~----WI\ @' @ @ @ <fY """'. ...' L ,--- @ @ @ ROSEMOUNT W " \, , ~, <D> I @ ,_ ..I 'L l~ = --=~~.==@}~:~il \';, . _ ~ 11 ill ill i---'" II ieoA ill -----------,--; j~ 1'.\1 @ ~ __L I @ IT] @. .. .. i t._ __J. ~ & \ ~\,. EMPIRE ~'f i\\ " /~: I , \ \ .r-'''\.,' ~ ' __~...." r-'~Y,J ~\.,.~ " ,,..r-.- ,r-'^-r -- f:::\ ,', _~_ [., ~,t..r-<. , <$y ~ i<& T .,J . / I l;~'fr iY " l~ Attachment A y.~. 'L .JL .--!.-ll.---j.. . I)i f'.' ;.,.'S ~ r:;;.... \VESCOTT I { ii.\-:.:-Q -1/ INVER _:-..:),~,@, /{L ~_LIBR.ARY ~_..~. . ,''''''' , :.. ri ~.71.,j\ (.;R.OVE ) 'il';;'''~~1 !~~~__, 1:., " I~l" 1,'J~-/:-1,,~~IG~Hn;JJ ~ 'l) ( wL' '-'--.'''' T:..~.'~ ::.-~..Ir.@o. :r- ----I --@ .. ~\ I\I~~ J -~~=~~ ~ 3 I \\- -.JL_ J~f _ Revoke ~ 'l:>--.,....~~ ,,"," c:,,;; , ' \~~' ~\ Non-Existing C.S.A.H. ~]ilF@. r~m_: l~.jr=i@]~ ~ I'\~~~. _ Designate C.S.A.H. L1 )~ />'! 'l.Y ~ J .J 1 j' (I=;, : ~: " ,.LJ' \1 \ @j /<. '~j lj'( l )\1 j. J I j l i II I' :: II I II .,./ j:' \'1 Jl-'1. - ~L!;' I I :: \\ . ,y'<'f ,"""-----\' ,.....~# r~r~ 31-- - -\@-';;:-r/ I II \\ 1~J"F"3R !r4ir It IJ! 1\ i i :41[- J'--:: \-----ss ''''l. l[ II I II fir 1i.. .1.. ..~;'~t""~+~ooooJ ~5 '1 ]r t~EEF~E~fE @]iJ...tl.e<~+~j ~.~~ ~,...J Q.DD~3J~UIILJrnl rnGl 11..f/,n'1 n .__n..n_.'._~~ ~'i'~:;~~FPJ'[I=' i ~.~hli@h\FoiM/--j-- )~LEY ::~~h ....~. Jf:/~ 33 I J,); I I r coi '---'r-~~orr=nr= 4'~~:Cl.J!I' -- --J~/ '~,. me' t-=@l '. !-{~ LAKEVILLE l fr" JL L., .'/ 'III i' I '\~. ~ I J~I/IL ~ Jil' I '-~- i I L>'!C-J-~~r //,0- ':~llil-- I!:=~:::'- T' I .--- ~I If If ___ __ ~b II!, , L---~;;.../. ~I I R ,/' 'I :0l"lr ' ,... ...- '1'1' 1.... .,. . ~- ~- ~. E':PIRE )' ( I I' I \\, ..' ,I ~ i (1,11!I~l kJ~b,\ I \ L.i. I 1~.1! j ~ :JJ ,-' 64~' " I .\ ~ ~ ..~ ! JttI1[. v 1 ~~, \~,(FJ"l':-::--llc_"':::' 1 rr~~ ~i , '''''~' <~_ d -.~"I' ~If- I , ~.-.A . J 'L ~ Jl ~ ~~,r~@=:J:' }~. ',"" J' --I' '-J3r"-(=-:7r-'::-:C:C=-=lr-~-=- ~ 1.1 ...J FARMINGTON Iii ' I JK :i I I' .. . IL.... oUL.... - I I, i _j"'lRT 11 I L[74 ". ~,o 1,. ~- ~JI..~Jj7 50 . f--..jV; II' .~~ J ~ V II.::: T 1 1.-1 I " t h I ~ I /06 CITY OF FARMINGTON SUMMARY OF REVENUES April 30, 2004 33.33 % Year Complete ... ::t:::\:::::::::::::::M04::::::::::r\:::::::::::: ... ........ ... ...PEROENT.. .........2003.......... ...PERCENT.. rrr"Y"$.IT::i:::::::j~QRRiKf::::i:i:::i:i::rMm:r: iiiiiii :i:::::i:::::'::IQQI:i:::,::,.::iii i:i:l:i:l:iiiililil:Y1i':".:ii':i:.I'ii: i"lii:::::.::i::.::;::::i:ii'::' $ $ $ % $ % GENERAL FUND Property Taxes 3,544,462 0.00 10,058 0.32 LicenseslPermits 1,156,976 112,940 341 ,427 29.51 515,311 40.89 Fines 78,100 7,805 16,522 21.15 16,689 20.84 Intergovernment Revenue 322,000 706 71,772 22.29 79,387 16.35 Charges for Service 365,200 24,412 52,125 14.27 51,800 14.44 Miscellaneous 380,500 52,002 126,600 33.27 84,143 25.46 Transfers 310000 25 833 103333 33.33 74000 32.89 Total General Fund 6157238 223 698 711 779 11.56 831 388 14.02 SPECIAL REVENUE HRA Operating Fund 27,500 1,086 299,452 1088.92 5,004 18.20 Police Forfeitures Fund 8,050 4,975 61.80 2,933 29.18 Park Improvement Fund 147,500 4,200 61,666 41.81 24,637 16.16 Recreation Operating Fund 257,500 1,139 56,963 22.12 8,757 3.47 ENTERPRISE FUNDS Ice Arena 247,500 5,523 111,447 45.03 91,971 38.59 Liquor Operations 3,110,000 245,220 819,036 26.34 733,835 25.85 Sewer 1,383,000 67,472 361,447 26.13 310,516 23.92 Solid Waste 1,409,000 83,355 457,027 32.44 299,761 22.07 Storm Water 265,000 16,004 85,591 32.30 90,211 34.70 Water 1 790 000 93 641 388910 21.73 385 261 21.52 Total Revenues 14802288 741 338 3 358 293 22.69 2784 274 19.67 CITY OF FARMINGTON SUMMARY OF EXPENDITURES APRIL 30, 2004 GENERAL FUND Legislative Administration Human Resources MIS Elections Communications Finance PlanninglZoning Building Inspection Community Development Police Administration Patrol Services Investigation Services School Liason Officer Emergency Management Fire Rescue Engineering G.I.S. Streets Snow Removal Signal Maint Park Maint Tree Maint Building Maint Recreation Programs Outdoor Ice Transfers Out Total General Fund SPECIAL REVENUE HRA Operating Police Forfeitures Fund Park Improvement Fund Senior Center Swimming Pool ENTERPRISE FUNDS Ice Arena Liquor Operations Sewer Solid Waste Storm Water Water Utility Total Ex enditures 65,628 430,634 185,833 62,710 10,875 59,848 391,837 173,259 370,674 99,068 526,640 1,161,248 261,204 1,600 397,955 42,033 266,816 9,333 445,612 97,858 101,000 263,005 117,946 125,060 309,412 7,150 173,000 6,157,238 43,180 8,050 134,500 126,650 134,180 262,516 2,870,758 1 ,653,162 1,413,142 324,323 1,247,822 14,375,521 3,160 43,680 20,590 5,154 4,653 40,402 21,757 41,429 10,169 48,369 135,436 27,947 17 18,869 1,895 33,228 204 48,737 3,732 8,434 32,512 9,446 9,419 32,840 57 602 136 260,147 1,862 56,066 15,187 5,428 28,599 239,957 82,034 126,036 43,423 46,357 1,507,232 :))) :il!:il'llf:::::::i::::::li.ililili'ii'I':.iil.!i:1111III % 18,682 130,687 58,726 15,862 17 ,463 135,605 57,063 120,478 27,820 205,249 413,151 78,765 51 84,069 13,607 90,652 4,213 119,586 49,560 24,866 90,740 21 ,436 27,572 97,134 3,201 43,250 1,949,488 265,075 3,889 64,739 45,346 9,018 99,763 804,423 325,158 383,751 79,323 180,427 4,210,400 % 28.47 30.35 31.60 25.29 0.00 29.18 34.61 32.94 32.50 28.08 38.97 35.58 30.15 0.00 3.19 21.13 32.37 33.98 45.14 26.84 50.64 24.62 34.50 18.17 22.05 31.39 44.77 25.00 31.66 613.88 48.31 48.13 35.80 6.72 38.00 28.02 19.67 27.16 24.46 14.46 29.29 $ 26,776 161,793 38,521 36,572 16,705 130,744 45,769 103,263 32,797 192,754 345,031 56,601 28,605 595 82,023 15,464 86,249 2,973 114,173 40,436 23,367 103,807 10,679 36,826 108,653 3,763 1,844,939 31,964 1,587 7,913 40,711 6,580 87,579 743,065 413,869 359,973 52,031 332,411 3,922,622 36.56 35.02 24.61 39.61 0.00 23.10 35.08 29.46 30.41 37.55 40.47 30.22 34.05 36.95 37.19 22.11 32.43 29.98 72.51 26.80 49.80 24.96 34.30 20.74 33.31 35.75 51.20 0.00 31.12 41.76 19.71 5.88 33.22 5.52 34.94 27.25 31.87 25.45 24.75 31.15 29.37 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David Urbia ~ City Administrator SUBJECT: Supplemental Agenda DATE: May 17, 2004 It is requested that the May 17, 2004 agenda be amended as follows: NEW BUSINESS 12 a) Traffic Safety 20Stb Street and Akin Road - Council Discuss options for traffic control at 20Sth Street and Akin Road. David Urbi City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David Urbia, City Administrator SUBJECT: Traffic Safety 20Sth Street and Akin Road - Council (Supplemental) DATE: May 17,2004 INTRODUCTION I recently met with the Mayor, School Board Chair, Superintendent, and a resident living near 208th street regarding traffic safety at the intersection of Akin Road and 208th Street. The Mayor requested that the item be placed on the agenda to provide Council with an update and to consider whether additional traffic controls should be placed at the intersection. DISCUSSION In response to the concerns raised at the meeting, staffhas reviewed traffic accidents at the intersection. In the past 18 months there have been nine crashes at the intersection of208th Street and Akin Road. On closer review staffhas learned that only three of the nine crashes may have been preventable with the installation of a traffic control device. The remainder involved rear end collisions and weather related events. The criteria for intersection control warrants are: --Crashes; -- Traffic volumes (vehicular, bicycle, pedestrian); and --Sight distance. Staff consulted with the City's traffic engineer and he indicated that crash experience alone did not warrant the installation of a traffic control device. In addition, the traffic volumes detected during the last traffic analysis did not meet warrants. However, based on more recent observation, he did believe that traffic volumes may now be approaching a level that deserved closer analysis and could meet warrants, Another factor to note is from the past resolution adopted to lower the speed limit on Akin Road, according to the City Attorney, he did not see a restriction from this resolution agreement with the MN Department of Transportation by placing traffic control at this intersection. However, the agreement would require a study prior to any further considerations/requests of lowering the speed limit. Here are some options at this intersection: Study: (1) Traffic study - approximately $1,500 to address the observations discussed by the traffic engineer. A study of traffic volumes and related concerns could be implemented immediately in order to ensure that school related traffic is addressed in the process. The study would be returned to Council at its June 7 meeting with a staff recommendation. Council has discretionary authority to proceed with traffic control devices without study. One area of consideration, which I understand the council is already aware, is that placement of these devices without warrants may subject inquiry from attorneys from an accident. Traffic Control Options: (2) Permanent signal lighting - approximately $140,000 to $150,000. (3) Temporary signal lighting - approximately $60,000 to $80,000. The Traffic Engineer indicated that a traffic signal could reach warrants due to volume before a four way stop would at this intersection. (4) Personnel directing traffic during peak times - cost undetermined at this time. Currently the bus company does this to allow buses out during the afternoon at one time, could it be expanded to cover morning, afternoon, evening peak times and determine whom would pay (city, school, and/or activity group), Would recommend to not use full-time city police officer due to overtime issues, (5) Permanent Stop Signs on Akin Road for north/south bound traffic - minimal cost. Traffic engineer brought forward concerns about this option, that homes with driveway access onto Akin Road north of208th Street may have difficulty getting out due to the equal spacing of cars created by the stop sign. He also indicated that at the times traffic is slower and stop signs wouldn't be necessary, this could create an attitude in driver's mind to run the stop sign, thereby running the stop sign at the times it is needed, The CSAH 311195th Intersection Stop Sign was placed in by the county after a study showing that the number of accidents and severity of accidents warranted a four way stop. A question that I have not been able to put forward yet to the traffic engineer is would a stop sign on this intersection shift more traffic to CSAH 31. (6) Temporary Stop Signs on Akin Road for north/south bound traffic - the traffic engineer did not recommend these as this option is unpredictable and unpredictable intersections lead to even less safety than the situation now. BUDGET IMPACT Noted above, ACTION REQUESTED Staff has recommended a traffic study given the lack of existing warrants. However, given the city's experience with the CSAH 311l95th intersection, in which the number of and severity of accidents eventually warranted a four way stop, I am concerned that a similar situation could play out on this intersection if no action were taken. If stop signs are authorized, council should continue to monitor the other side effects mentioned by the Traffic Engineer and be prepared to deal with those if they become problematic,