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Home My WebLink About10.06.03 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 October 6, 2003 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) Introduce New Employee - Public Works b) Introduce Temporary Employee - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (9/15/03 Regular) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Adopt Resolution - Accept Donation - Parks and Recreation d) Adopt Resolution - Accept Donation - Parks and Recreation e) Adopt Resolution - Accept Donation - Parks and Recreation f) Adopt Resolution - Accept Donation Heritage Preservation Commission - Administration g) Adopt Resolution - Accept Donation Heritage Preservation Commission - Administration h) Adopt Resolution - Gambling Event Permit Farmington Sno- Tigers - Administration i) Capital Outlay - Parks and Recreation j) Capital Outlay - Parks and Recreation k) Adopt Ordinance - Text Amendment Parks and Recreation Commission - Parks and Recreation I) Approve Encroachment Agreement with Northern Natural Gas - Parks and Recreation m) Approve Metering Equipment Purchase - Public Works n) Adopt Resolution - Appointment of Responsible Authority MN Data Practices - Administration 0) Approve Bills Action Taken Introduced Introduced Approved Information Received R72~03 R73~03 R74-03 R75-03 R76~03 R77-03 Information Re(Jeived Information Received Ord 003~500 Approved Approved R78-03 Approved 8. PUBLIC HEARINGS a) Adopt Resolution - Designating Farmington Heritage Landmarks - Administration 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) August 2003 Financial Report - Finance b) Adopt Snow Removal Policy Sidewalks, Trails and Outdoor Rinks - Parks and Recreation c) Approve Joint Powers Agreement Dakota County MAAG - Police d) Consider Comprehensive Plan Amendment & Zoning Map Amendment for 1000, 1012, 1020 8th Street - Community Development e) Quarterly Building Report and Population Estimate - Community Development 11. UNFINISHED BUSINESS a) Fire Department Tanker Truck Bids - Fire Department 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION a) Collective Bargaining Negotiations 15. ADJOURN R 79-03 Information Received Adopted Tabled Remanded to Planning Commission Information Received Bids Rejected 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 October 6, 2003 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) Introduce New Employee - Public Works b) Introduce Temporary Employee - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (9/15/03 Regular) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Adopt Resolution - Accept Donation - Parks and Recreation d) Adopt Resolution - Accept Donation - Parks and Recreation e) Adopt Resolution - Accept Donation - Parks and Recreation f) Adopt Resolution - Accept Donation Heritage Preservation Commission - Administration g) Adopt Resolution - Accept Donation Heritage Preservation Commission - Administration h) Adopt Resolution - Gambling Event Permit Farmington Sno- Tigers - Administration i) Capital Outlay - Parks and Recreation j) Capital Outlay - Parks and Recreation k) Adopt Ordinance - Text Amendment Parks and Recreation Commission- Parks and Recreation I) Approve Encroachment Agreement with Northern Natural Gas - Parks and Recreation m) Approve Metering Equipment Purchase - Public Works n) Adopt Resolution - Appointment of Responsible Authority MN Data Practices - Administration 0) Approve Bills Action Taken Pages 1-14 Pages 15-16 Pages .17-18 Pages 19-20 Pages 21-22 Pages 23-24 Pages 25-26 Pages 27-28 Page 29 Page 30 Pages 31-32 Pages 33-39 Pages 40-43 Pages 44-45 Page 46 8. PUBLIC HEARINGS a) Adopt Resolution - Designating Farmington Heritage Landmarks - Administration 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) August 2003 Financial Report - Finance b) Adopt Snow Removal Policy Sidewalks~ Trails and Outdoor Rinks - Parks and Recreation c) Approve Joint Powers Agreement Dakota County MAAG - Police d) Consider Comprehensive Plan Amendment & Zoning Map Amendment for 1000~ 1012, 1020 8th Street - Community Development e) Quarterly Building Report and Population Estimate - Community Development 11. UNFINISHED BUSINESS a) Fire Department Tanker Truck Bids - Fire Department 12. NEWBUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Pages 47-96 City of Farmington 325. Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fal.Jl1ingtoJl.mn.us SUBJECT: Mayor & Councilmembers AA(..,/ Daniel M. Siebenaler, Interim City Administrato~ Supplemental Agenda TO: FROM: DATE: October 6, 2003 It is requested that the October 6, 2003 agenda be amended as follows: PUBLIC HEARINGS 8 a) Adopt Resolution - Designating Farmington Heritage Landmarks - Administration Staffhas been notified by the owners of the Akin House, they would like to postpone the Landmark Designation for the Akin House until they can obtain more information. ADD: 14. EXECUTIVE SESSION a) Collective Bargaining Negotiations Respectfully submitted, Daniel M. Siebenaler Interim City Administrator 7CL COUNCIL MINUTES REGULAR September 15, 2003 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 Andrea Poehler, City Attorney; Dan Siebenaler, Interim City AdministratorlPolice Chief; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Jim Atkinson, Assistant City Planner; Cynthia Muller, Executive Assistant Barb Thompson, Sherri Buss, John Bergman, Steve Frandrup, David Birken, Steve Juetten 4. APPROVE AGENDA Councilmember Cordes pulled item 7a) Council Minutes (9/2/03 Regular) to abstain. MOTION by Soderberg, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Ms. Barb Thompson, Executive Director ofthe Farmington Chamber of Commerce, invited the Mayor and Council to participate in breakfast meetings called "Breakfast with the Council." It will be an informative morning gathering for Chamber members and Farmington residents. The format will begin with a moderator giving background on a topic selected by the Chamber Board of Directors then opening the floor for comments, questions and concerns. The series will be held once a month on Thursday mornings at the Eagle's Club. The first one is scheduled for Thursday, October 23, 7:30 a.m. It was suggested Council rotate two members at a time. Council Minutes (Regular) September 15,2003 Page 2 7. CONSENT AGENDA MOTION by Fogarty, second by Soderberg approving item 7a) Council Minutes (9/2/03 Regular). Voting for: Ristow, Fitch, Fogarty, Soderberg. Abstain: Cordes. MOTION CARRIED. MOTION by Soderberg, second by Fitch to approve the Consent Agenda as follows: a) Approved Council Minutes (9/3/03 Special) b) Received Information Capital Outlay - Parks and Recreation c) Received Information Capital Outlay - Parks and Recreation d) Received Information Capital Outlay - Parks and Recreation e) Approved Appointment Executive Search Firm - Administration f) Approved Appointment Recommendation - Public Works - Administration g) Set October 6, 2003 Public Hearing Designating Heritage Landmarks - Administration h) Acknowledged City Participation in County Auction - Administration i) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - 2003 Seal Coat Project Assessment Hearing - Engineering The 2003 Seal Coat project has been completed. The total project cost is $75,319.69. The proposed assessment amount is $56.13 per buildable lot. The city's portion of the project cost is $37,884.34 and will be funded through the Road and Bridge fund. Residents have 30 days to pay before it is certified to the County. Mr. David Birken, 18336 Elm Tree Circle, stated he lives in a cul-de-sac and felt the project does not work very well in cul-de-sacs. Tar is dumped with loose rock thrown on it. The cars spin around and kick it up. He has tar all over his car mats, he has tar in the house, the kids can no longer play in the cul-de-sac because when they fall, they get cut by the sharp rocks sticking up. He also does not understand how the city can just go ahead and repave the street and send him the bill. Why have a school levy? Why not just send him the bill for that? Why doesn't he just leave his checkbook with the city. He stated he is confused. He lost his job in March and is fighting to keep his house. The city decided to pave the street and while it was fine in everyone else's opinion, he gets a bill. He stated he did not receive any advance notice. City Engineer Mann stated all the affected properties were notified in the Spring when the project was ordered. Before the project was ordered there was a public hearing, so that process has been followed per State Statute 429. The seal coat project is done to seal up the street to keep the street from deteriorating and needing greater improvements in the future. Ultimately it is a cost savings to the city and residents to keep the street from deteriorating faster. The Council's policy on assessing seal coats is splitting the cost 50/50. In the cul-de-sac, staff does recognize there is an issue with cars turning. That is why they use a granite Council Minutes (Regular) September 15,2003 Page 3 crushed aggregate that while it does not eliminate some of the tracking and spinning problems, it does much better than the pea rock used on straight roads. Mayor Ristow stated this project has been ongoing for nine years. It is a policy that Council has set. There are many tax-exempt properties that would not get charged, so Council felt everyone should pay equally. That is the reason for the policy. Every year the project is rotated to different areas. If there is a hardship, Mr. Birken could contact the Finance Director. Finance Director Roland stated the statutory policy is that this assessment would not be large enough to qualify for a hardship deferral. It has to be in excess of $200 or $300 dollars. If it goes on the taxes the interest is 6% and it is a one-year assessment. Mr. Birken stated everyone pays taxes and this is something that is scheduled. Why isn't this included in the property taxes? Why is this something special? All the streets will need to be resurfaced. He does not feel they were singled out. He is put out as to why all of a sudden he got a bill. As to the prior mailings, Mr. Birken stated he did not receive them. The bill was the first he was notified. In fact, when they were ready to begin work, there were still cars parked on the street because no one knew what was going on. There were signs posted no watering Monday-Friday 7 a.m. -7 p.m. Mayor Ristow stated ifit is not paid in 30 days, it will go onto the property taxes. Councilmember Soderberg clarified Mr. Birken's comments saying what Mr. Birken is asking is why don't we just pay this out of the property tax levy. There are a number of tax-exempt properties that would not contribute to the seal coating. In an effort to make it fair for the property tax payers and those that are exempt the cost is assessed. It brings the cost down for the taxpayers. Mr. Birken stated he has been here for three years and his neighbors told him last time the sealcoating did not last five years. Mr. Birken felt it should be done differently. He understood the tax-exempt reason. Staffwill check on the cul-de-sac. MOTION by Soderberg, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Fitch adopting RESOLUTION R6S-03 adopting the assessment roll for the 2003 Seal Coat project. APIF, MOTION CARRIED. b) Adopt Resolution _19Sth Street West Extension Project Assessment Hearing - Engineering The project consisted of street and utility improvements as well as trail improvements along 195th Street west of Pilot Knob Road. The total project cost is $1,015,840. Dakota County's share is $558,711.16, the city's share is $2,516.73,ISD 192 is $200,188.61. There are two properties on the south side of 195th that are assessed. The assessment for the property to the north, $247,433.89 Council Minutes (Regular) September 15, 2003 Page 4 is in ag preserve and is therefore deferred. The property to the south was assessed $6,988.09. MOTION by Soderberg, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Cordes adopting RESOLUTION R66-03 adopting the assessment roll for the 195th Street West Improvement project. APIF, MOTION CARRIED. c) Adopt Resolution - 209th Street Street and Utility Improvements Assessment Hearing - Engineering The project provides municipal street, water main and storm sewer for 209th Street West between Chippendale Avenue and Cantata Avenue West. The total project cost was $280,000. The project costs will be financed through assessments to the residents along the south side of 209th Street and the Tamarack Ridge Development on the north side of 209th Street. The city has the funds to carry any deferred assessment amounts to the properties on the south side of 209th Street until such time those costs are actually assessed. The amount to be assessed to the resident along the south side of 209th Street for street and storm sewer improvements is $7,088.76. The amount to be assessed for the water main improvements is $1,959.11. The deferred assessments are in the amount of $78,441.43. A request for senior deferral was received from 3400 209th Street W. This defers the assessment until the property is sold. Interest is not charge for senior deferrals. MOTION by Cordes, second by Fogarty to close the public hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Fogarty adopting RESOLUTION R67-03 adopting the assessment roll for the 209th Street - Street and Utility Improvement project and approving the senior deferral for 3400 209th Street. W. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discuss Pre-Council Meeting Work Sessions -Administration Council discussed whether they would like to engage in pre-Council Meeting Workshops. They would be public meetings and published in the paper. Items to be discussed include ground rules, what Council would like discussed, rules of presentation and conduct. Councilmember Fogarty talked with other cities and sat in on Apple Valley's pre- workshop. Both Eagan and Apple Valley have different approaches. Eagan started theirs at a time when they had a divided Council and a lot of lengthy citizen comments that were bogging down the meeting. A lot were personal Council Minutes (Regular) September 15,2003 Page 5 attacks and showboating for the cameras. They opened the pre-Workshops to citizen comments and found a lot of people would come there that did not want to be on camera. They also moved the citizen comments on the agenda to just before Roundtable. Apple Valley holds their meetings once a month and are used to update Council on certain issues. Members of the Council spoke very easily to each other because it is off camera and opens up conversations. Councilmember Fogarty would like to see a melding of the two. She would like to give citizens another arena to approach Council other than the telephone or TV. It could eliminate some of the workshops. Apple Valley's meetings start at 8:00 p.m. so they hold their pre- Workshops at 6:30 p.m. Councilmember Cordes also checked with cities and found some are very positive but some are also currently in litigation where they are being challenged by citizens for making decisions at the pre- Workshops. There is also the issue of violation of open meeting laws where after workshops have ended, Councilmembers go outside for a breath of air and are asked if they are discussing the same issues. Her other concern is the Council Meetings start at 7:00 p.m. At certain times of the year she works later and it would be impossible for her to come earlier. Councilmember Fogarty agreed the timing could be difficult for some people. Councilmember Fitch stated he is fine with whatever Council decides. Councilmember Soderberg stated initially he was not in favor of the idea and felt like Council could do whatever is needed during Roundtable. After hearing these comments, he would be willing to explore it. It would give the citizens another opportunity to address Council as a body in a more relaxed atmosphere. Mayor Ristow asked ifthe discussion would include items on the agenda. Councilmember Fogarty stated sometimes it was very simple requests and sometimes items on the agenda, where citizens do not want to comment on camera. Councilmember Soderberg recalled there was a comment from citizens comments where a citizen asked how else can residents address Council without coming to the meetings. This would give them another forum. There could be some give and take rather than a written response. Questions could be answered right away, more of a conversation. Mayor Ristow asked ifthe agenda would have to be set to comply with the open meeting law. Attorney Poehler replied an agenda would be set, but it could be left open for citizen comments. Councilmember Soderberg stated there would not be an decisions, just a conversation. Councilmember Fogarty stated the set items would be more of an update on items from staff. Mayor Ristow stated for the next couple months Council will be tied up with the City Administrator hiring process. Council agreed to table the item to the December 1 Council agenda. Mayor Ristow stated the regular Workshops are Council Minutes (Regular) September 15, 2003 Page 6 noticed and he did not want to start an issue where Council is trying to do something off camera. Councilmember Fogarty felt it would really help communication. Mayor Ristow stated he has not had any problems. Residents call if they have a problem. Councilmember Fitch felt it would be good to wait until a City Administrator has been selected. That should be accomplished by December and let him be a part of it. MOTION by Soderberg, second by Fogarty to table the item to the December 1 Council agenda. APIF, MOTION CARRIED. b) Approve Joint Powers Agreement for Dakota County Domestic Preparedness Committee - Police Department The Agreement is similar to those in place for the MAAG team and the Mutual Aid Agreement. It is a direct result ofthe 9/11 tragedy. It showed the vulnerability of communities to answering major disasters. Our Police and Fire Departments are very capable of handling most of the issues that arise, however, there are very few public safety organizations that are able to respond immediately to a large scale disaster. This Agreement is designed as a rapid response rescue organization. The Fire Department has already been participating in the formation ofthe group and some are already trained. This is a great example of cooperative agreements between a large number of cities. There would not be an initial cost in the formation ofthe group, it would be funded by a grant. However, the city must recognize that grants do not last forever and future subsidies may be required. There may be expenses for materials and equipment in the future. There is a withdrawal clause in the agreement. Councilmember Soderberg asked how this would differ from a mutual aid agreement. Staff replied it is the same thing. The ability of this group is in specialized rescue operations where members are trained as a group. The group would be made up of individual members from the different departments. Each individual member would have their basic equipment. Some would be materials that are already on hand. While on scene the members are under the direction and supervision ofthe team leader. They remain the employee ofthe city. MOTION by Fogarty, second by Soderberg to approve the proposed Joint Powers Agreement for Dakota County Domestic Preparedness. APIF, MOTION CARRIED. c) Consider Noise Ordinance - Police Department There is an ongoing issue of engine noise. Previous discussions have centered on a specific manufacturer of an engine braking system. Recent threatened court action by that manufacturer has prevented the use of any trade names in either ordinances or signage. Staff has conducted research and in the 13 county metro area, MnDOT requires Council enact an ordinance and pass a resolution stating that two Minnesota Statutes regarding mufflers and noise would be enforced and staff would be able to demonstrate consistent enforcement of those ordinances. Council Minutes (Regular) September 15,2003 Page 7 Staff would be required to demonstrate the violations are taking place by the use of a decibel meter. A noise level that is unacceptable is at 85 decibels or greater. This is the same as a push lawn mower. The manufacturer states it is not the brakes that cause the noise, but it is a poorly maintained muffler system. That is why the state requires cities to enforce muffler laws as well as the noise ordinance itself. The police department has not received any complaints regarding engine braking systems. There is no existing noise ordinance in Dakota County that would meet this requirement. According to the Dakota County Highway Department, they do not have any of these signs anywhere in Dakota County and according to Dakota County Court Administration they have no record of fines or penalties imposed for this type of ordinance. Staff would like direction from Council as to whether they should continue in the preparation of an ordinance or obtain further information. The city would have the authority to enforce along state highways, however, state cooperation would be required in the posting of the SIgn. The meter is a portable device that measures the noise. In order to enforce the ordinance, the police officer would have to be at the location of the offense at the time of offense with the meter turned on. The chances of that happening are very slim, so it would require a determined effort to be monitoring a specific spot at a particular time. The greatest cost would be designating personnel to monitor noise at designated spots. Demonstrating consistency of enforcement would have to be done similar to other saturation points. Officers would have to be dedicated at a variety oftimes throughout the year and show the information to MnDOT periodically. The offense would be a misdemeanor. Councilmember Soderberg stated the cost of equipment, signage, and the decibel meter would be minimal. The cost of another officer or taking the resources we have now seems like the costs far outweigh any benefit by having the ordinance in place. The closest city that has signs in place is Jordan. Mayor Ristow requested staff check into how they enforce the ordinance. Councilmember Fitch recalled in the past Bloomington had noise ordinance signs. Some of the pickup trucks with loud mufflers as well as radio systems would be out of compliance. Staff stated those are the reasons the second state statute regarding vehicle noise is included in the ordinance. Staff will check further into the two ordinances and report to Council. d) Adopt Resolution - Meadow Creek 3rd Addition Development Contract- Engineering The final plat was approved by the Planning Commission on June 10, 2003 and by the Council on June 16, 2003. The conditions of approval are: - The developer enter into this Agreement. - The developer provide the necessary security in accordance with the terms of the Agreement. - The developer record the plat with the County Recorder within 6 months after Council approval of the final plat. Council Minutes (Regular) September 15,2003 Page 8 As far as the hours listed on the contract, the contract covers the developer and the builders are covered under the city's general disturbance of the peace ordinance. MOTION by Fitch, second by Cordes adopting RESOLUTION R68-03 approving the execution of the Meadow Creek Third Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. APIF, MOTION CARRIED. e) Adopt Resolution - Bristol Square 4th Addition Development Contract- Engineering The final plat was approved by the Planning Commission on January 14,2003 and by the Council on January 21, 2003. Conditions of approval are: - The developer enter into this Agreement. - The developer provide the necessary security in accordance with the terms of this Agreement. - The developer record the plat with the County Recorder within 6 months after Council approval of the final plat. MOTION by Fogarty, second by Soderberg adopting RESOLUTION R69-03 approving the execution of the Bristol Square Fourth Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. APIF, MOTION CARRIED. t) Adopt Ordinance - Zoning Code Text Amendments for Spruce Street Master Plan Area - Community Development Staff is proposing several text amendments as follows: - Amend the Spruce Street Commercial District regarding permitted and conditional uses - Create a Business/Commercial Flex Zoning District - Create a Mixed-Use Zoning District The Spruce Street Commercial District was reviewed by the Planning Commission. Originally the district had a very small number of permitted and conditional uses. After seeing the proposal for the Knutsen property at the corner ofHwy 50 and Denmark, staff agreed to revise the district provisions. Permitted uses to be added include indoor commercial recreation, commercial services, clinics, personal and professional services, personal health and beauty. Conditional uses to be added include outdoor commercial recreation, major auto repair (if confined to the interior of the building), minor auto repair, mixed-use buildings (mixture of retail and residential in the same building, with retail being on one floor and residential above), and public buildings. The Planning Commission identified two uses as needing more research. One is major auto repair. After reviewing other portions of the code, there are other parts that would regulate major auto repair. Design standards would require screening for certain types of activity. There is also a portion of the code that would Council Minutes (Regular) September 15,2003 Page 9 regulate noise and air pollution. Staff feels major auto repair would be appropriate given the other code provisions that currently exist. The second was housing and whether multi-family housing should be included in the Spruce Street district. After review, stand alone residential uses should not be permitted given the commercial nature of the area. Staff would allow in the mixed-buildings some residential if it were combined with some retail. The other two proposed zoning districts are new. The Business/Commercial Flex District was an area identified in the Spruce Street Master Plan located in the northwest corner of the study area. This will provide for larger office complexes as well as smaller retail operations. The Mixed-Use District was also identified in the Master Plan. This would allow smaller retail buildings similar to the existing downtown with residential above. There is a maximum lot width to regulate the size of buildings. Councilmember Fitch stated this gives a lot of flexibility in the corridor area and it was very well thought out. Councilmember Soderberg asked about the Mixed-Use District, and if mixed-use buildings are conditional. Staff replied they are. Under permitted uses are offices and restaurants and staff reviewed whether to allow a stand alone retail building or whether only mixed-use buildings should be allowed. This may be revisited in the future. If mixed-use buildings were allowed as permitted, that would be encouraging them, which is what staff wants to do. Councilmember Soderberg stated we have a designated district for mixed-use and it would seem logical to have it as a permitted use. The definition of a mixed-use is office/retail on the first floor and residential above. He suggested inserting the word "may" would give the flexibility to have a stand alone building. Community Development Director Carroll stated staff discussed the possibility of requiring all the buildings in the mixed-use district to be mixed-use. In the interest of greater flexibility staff decided not to mandate that. Right now, mixed-use buildings are allowed, but not required. Going to a smaller lot size would give more of a downtown feel. Ifwe end up with no buildings having residential above, the goal is not accomplished of having a mixed-use district. Staff decided to wait and see what happens and re- assess that if needed. Councilmember Soderberg stated the flexibility is still there if it is under a permitted use. It saves one level of review. The developer does not have to go through the conditional use process in order to get a mixed-use building. Community Development Director Carroll replied when something is shifted from the permitted to conditional category it is because there are special circumstances that warrant a higher level of scrutiny. With regard to having retail below and residential above sometimes there may be special issues with regard to Council Minutes (Regular) September 15,2003 Page 10 access to stairways, parking, etc. If shifted to the permitted category staff can still interact with the builder informally. Councilmember Fogarty asked about the major auto repair and that inoperable vehicles are not specifically listed. She wanted to know if that is enforceable. Interim City Administrator Siebenaler replied the ordinance on junk vehicles does cover inoperable vehicles. He cautioned that the places that are in the business of repair are exempted from the junk vehicle ordinance. So this ordinance does not cover junk vehicles at these businesses. As it is listed as a conditional use, you can make it a condition of the business itself to provide the storage or screening of vehicles. Councilmember Fitch asked regarding the mixed-use, if it is made a permitted use, it would not stop the city from enforcing certain architectural standards? Staff replied no, any design or architectural standards adopted would apply equally to permitted and conditional. Second, if it is called a mixed-use building, it should include office/retail and the apartments. If you say "may" it would no longer be a mixed use building. Staff replied in the development community, mixed-use refers to not a mix of commercial uses, but a mix of residential and commercial. Councilmember Soderberg understood staff wanted the flexibility to allow an all commercial building in that district. Staff replied it would be allowed without the suggested change. Should mixed-use be office/retail with housing above, or can mixed-use also be two levels of retail or commercial? It would be cleaner to not have the suggested change and move it to permitted use. I Mayor Ristow was concerned by having residential above, there could be noise complaints. Staff stated if uses tend to be disruptive, they are conditional uses, so staff could regulate them through the conditional use permit. Councilmember Fitch stated, but we are considering moving it to permitted use and not conditional use. Councilmember Soderberg stated we are talking about in the mixed-use district. Auto repair would be in the commercial district which has a mixed-use as a condition in that district. Councilmember Fitch stated under the conditional use they would have the option of limiting hours of operation if you have residential above. If moved to permitted use, you do not have that control. Staff stated if mixed buildings were moved to permitted, only the mixed use building would be permitted. The major auto repair would still be conditional even though the mixed-use building would be permitted. Councilmember Soderberg asked how parking is addressed in a mixed-use building. Community Development Director Carroll replied there would be street parking available, with the right design there would be off-street parking either permitted or required. To what extent should the city rely on developers to propose something that will be acceptable if it is not a conditional use? If it is a conditional use, you can require a certain number of parking spaces for every unit. If it is a permitted use, the city may not have that opportunity, so staff would have to encourage people to do that. Council Minutes (Regular) September 15,2003 Page 11 MOTION by Soderberg, second by Fogarty adopting ORDINANCE 003-498 approving the ordinance and amendments as requested. Councilmember Soderberg commented he did not make the amendment because he wants to make sure the parking issue is addressed for the residential uses. The mixed-use designation will not be moved to permitted uses. APIF, MOTION CARRIED. g) Adopt Resolution - Comprehensive Plan Amendments for Spruce Street Master Plan Area - Community Development The area is located south ofHwy 50 and west of Denmark Avenue. The proposal does not include the Knutsen property in the northeast corner, as the Comprehensive Plan for that area was amended earlier in the year. That area is still consistent with the Master Plan. The proposed designations are consistent with the land use plan provided in the Master Plan. The majority of the area north of the river would be designated business, a pocket of high density residential and medium density residential. South ofthe river is a larger area of high density residential on the western and eastern sides and medium density in the middle. MOTION by Soderberg, second by Fitch adopting RESOLUTION R70-03 amending the Comprehensive Plan for the subject properties. APIF, MOTION CARRIED. h) Adopt Ordinance - Zoning Code Amendments for Spruce Street Master Plan Area - Community Development The zoning lines are identical to the above amendments to the Comprehensive Plan. The zoning is consistent with the Land Use Plan in the Master Plan. MOTION by Soderberg, second by Cordes adopting ORDINANCE 003-499 rezoning the subject properties in the Spruce Street Master Plan Area. APIF, MOTION CARRIED. i) Review SeedlGenstar AUAR - Community Development Council was requested to approve the report for the environmental review of the SeedlGenstar AUAR. The area contains approximately 1,000 acres and is currently outside of the city. There have been two major issues. One is storm water management. The whole area drains to North Creek, which is a tributary to the Vermillion River. The Vermillion River has been designated as a trout stream. In addition to the normal ponding requirements, the developer will need to develop 16 acres of infiltration areas that will allow water to soak into the ground rather than run into the creek. The second issue is traffic. At full development, it will generate 30,000 additional trips per day, many of which will be on Hwy 3. This exceeds the capacity ofHwy 3 as a two-lane road. Hwy 3 would need to become a 4-lane divided highway at some point. This is not on the schedule for MnDOT. The city will need to work with MnDOT on this issue. Council Minutes (Regular) September 15,2003 Page 12 Once approved, the report will be sent to the agencies and then there will be a 30- day review period. The environmental review should be adopted by the end of the year. MOTION by Fogarty, second by Soderberg authorizing the distribution ofthe AUAR and authorizing the publication for the required notice in the Environmental Quality Board Monitor. APIF, MOTION CARRIED. j) Adopt Resolution - Meadow Creek 4th Addition Final Plat - Community Development This is located in the northern part of the city. Progress Land Company is proposing to plat 126 single-family lots. Since the Council approved the Preliminary Plat on July 21,2003, three lots have been added. They were originally plated as a single outlot in the 3rd Addition due to the design of the waterway. The design of the ditch has now been clarified allowing the three lots to be platted. Building permits cannot be issued for lots along the waterway until construction ofthe waterway is complete. MOTION by Cordes, second by Fitch adopting RESOLUTION R71-03 approving and authorizing signing ofthe Meadow Creek 4th Addition Final Plat. APIF, MOTION CARRIED. k) Discussion of Possible Zoning Code Text Amendments Regarding the Keeping of Farm Animals Within the City - Community Development There is a resident that has a 0.8 acre parcel and they have acquired two pygmy goats. They are in violation of city code because the structure for the goats is less than 500 feet away from the nearest adjoining home. This waS contested and the Planning Commission requested staff to look at the code regarding keeping of farm animals in the city. Farmington only has a distance requirement and not a lot size requirement for the keeping of farm animals in the city as some other cities do. Staff recommended to the Planning Commission a lot size requirement of a minimum of 1 acre. The Planning Commission recommended 1.5 acres. Going higher than that would reduce the number of parcels in residential communities that have the potential of having farm animals. The other issue is the spacing requirement. Staff suggested reducing the spacing requirement to 100 feet between any outdoor farm animal enclosure and any residential dwelling. Staff felt the long-term goal should be to eliminate these uses wherever possible. The minimum lot size requirement is being proposed after the residents acquired the goats. Therefore, they would be able to keep the goats, but cannot expand the number of animals or replace them. They are within the 100 ft spacing requirement, but would not meet the lot size requirement. In the future, any owners of farm animals would have to meet the spacing and lot size requirements. Attorney Poehler was not sure the goats are considered a lawful non-conforming use. If the change is made, they may not be grandfathered in as they do not meet the current ordinance. Once the ordinance is changed, even though they meet one criteria, they do not meet the other criteria. Council Minutes (Regular) September 15,2003 Page 13 Council recommended amending the ordinance to a minimum lot size of 2.5 acres and a minimum distance of 100 feet from the enclosure to the lot line rather than from adjacent homes. 11. UNFINISHED BUSINESS a) Appoint Council Liaison - Water System Vulnerability Assessment- Engineering The Water Board requested a Council liaison be appointed to the Water System Vulnerability Assessment project. MOTION by Soderberg, second by Cordes to appoint Councilmember Fogarty to the Water System Vulnerability Assessment project. Voting for: Ristow, Cordes, Fitch, Soderberg. Abstain: Fogarty. MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Regarding the Chamber's Breakfast with Council she asked how Councilmembers should rotate. It was suggested two Councilmembers rotate each month. Staff suggested if a topic is of particular interest to a Councilmember, that Councilmember should attend, as long as there are only two Councilmembers there. The first meeting will be October 23. Councilmember Fitch asked Interim City Administrator Siebenaler to come up with a rotating schedule. Councilmember Soderberg: He attended the 21 st Anniversary of the Rambling River Center. It was a great program and he appreciated all the work people do there. There was a group of young ladies that volunteered to help which allowed more people to enjoy the program. Councilmember Fitch: He noticed on 190th Street, west of Euclid there is a lot of shrubbery planted and it is hanging over the sidewalk. Staff will review the situation. Interim City Administrator Siebenaler: The topic has come up regarding the vacant lot at 3rd and Spruce Street. The HRA is holding the lot for final determination by the Council as to whether City Hall will go there. He suggested it would be beneficial to consider that property and discuss whether City Hall mayor may not be located there. If it will not be located there, it would free up the HRA to make other uses available for that property. Councilmember Soderberg stated Council had determined it would be discussed when the financial analysis was completed for the Spruce Street site and the current location. Staff stated the appraisal company will provide a quote and it should be received tomorrow. The work should be completed by early October. The report will be presented to Council the second meeting in October. Councilmember Fogarty mentioned the Task Force wanted to be included. Mayor Ristow replied no, they are done. It is up to Council. The Task Force made the recommendation and it is up to Council. Council needs to decide. We cannot hold that lot up any longer. We either have to let them know Council Minutes (Regular) September 15,2003 Page 14 if we are going to build or not. During the last meeting we had with the Task Force they made the recommendation and it is now up to Council to put the financial information together and go from there. Mayor Ristow stated he agreed with Interim City Administrator Siebenaler Council needs to make a decision. There are people that are willing to buy the property and move on. Councilmember Fitch stated it is fair to make a decision and get it over with. Councilmember Cordes stated Council is waiting for the financial analysis. Staff stated the information will be provided for the second meeting in October. Finance Director Roland: The Budget Workshop will be held on October 1, at 6:00 p.m. City Engineer Mann: He asked if Development Contracts could be placed on the Consent agenda when they are subsequent additions, and straightforward. New Development Contracts or if there is an issue would be brought to Council under Petitions, Requests and Communications. The entire Development Contract would still be provided. Council agreed. Mayor Ristow: Pollution Prevention Day was held for the 4th Grade students and it went well. He thanked Lena Larson and Kellee Omlid for arranging it. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 9:36 p.m. APIF, MOTION CARRIED. Respectfully submitted, Yfi~ l~~-J (~/ Cynthia Muller Executive Assistant 7b Farmington Parks and Recreation Advisory Commission Minutes from the Regular Meeting on July 9, 2003 Members Present: Randy Oswald, Paula Higgins Debby Ruth, Mike Buringa and Dawn Johnson Members Absent: None Other's Present: Charlie Weber, Rambling River Center Advisory Board member; Don Hayes, Parks Maintenance Supervisor; Missie Kohlbeck, Senior Coordinator; and Randy Distad, Parks and Recreation Director. I. Call To Order Chair Oswald called the meeting to order at 6:00 p.m. Quorum was present. II. Approval of Agenda. Motion by Higgins, seconded by Johnson to approve the meeting agenda as amended to include add under Old Business, a discussion about the moguls in Prairieview Park. APIF III. Approval of Minutes. Motion by Ruth, seconded by Higgins to approve the minutes from the June 11, 2003 meeting. Oswald, Ruth, Higgins and Buringa voted in favor. Johnson voted to abstain. IV. Old Business A. Park Dedication Ordinance Update Parks and Recreation Director Distad provided an update to Commission members. The Ordinance has been approved by the City Council, has been published and will become a City Ordinance 30 days from publication. B. Update on Spruce Street Corridor Master Plan Parks and Recreation Director Distad reviewed the current draft of the master plan with Commission members. Commission members had the following concerns: traffic, inadequate parking, getting land for a park along Denmark Avenue south of the fire station and having a safe crossing area for students from the high school over Denmark Avenue to the development C. Discussion on Moguls in Prairieview Park Commission members raised some concerns about whether or not the current moguls are being used in Prairieview Park. Suggestion made for staff to redesign the moguls to make them more attractive to bikers. V. New Business A. Draft Snow Removal Policy Parks Maintenance Supervisor Hayes presented information that came from the subcommittee that was formed. Hayes recommended that the language in the current Snow Removal Ordinance be changed to include the word "designated" next to the word trails. Hayes presented information about the draft policy that the subcommittee has been working on for trails, sidewalks and outdoor rinks. Discussion on snow removal on outdoor rinks occurred. Commission members felt that not having snow removal on weekends at the outdoor rinks was acceptable. They would like to get information out to users in advance of the outdoor ice season so that some of the users would take care of snow removal on the outdoor rinks on the weekends. A suggestion was made to have shovels available for users to clear snow on weekends if it is needed. Commission members would like to have Hayes draw up a map that shows the sidewalks and trails and identifies the priority order of snow removal on the trails and sidewalks and bring it back for review at the August meeting. B. Update on Recreational Facility Task Force Parks and Recreation Director Distad provided a brief update on the status of the task force. Distad informed Commission members that he has been securing some proposals from consultants to help the task force through the process. Higgins thought that the first meeting was a good meeting. She thought there was a lot of energy and ideas presented at the meeting. Oswald noted the goals and rules that were identified during the first meeting. Distad stated that the task force would like to publicize to the public as much as possible the information that comes out of the meetings. The City's web site, brochures and the media were identified as potential venues for getting this information out to the public. C. Funding for Rambling River Center's Remodeling Project Senior Coordinator Missie Kohlbeck presented information on a change to the remodeling project at the Rambling River Center. Staff felt that the office walls should be permanent insulated walls that are extended to the ceiling rather than temporary walls that only extend half way to the ceiling. It was felt that this change would maintain confidentiality that is needed for staff. Kohlbeck also requested that money identified in the Capital Outlay for a new piano be reallocated for the remodeling project. Some discussion ensued about how much use the piano received. Kohlbeck stated that it rarely gets used maybe three or four times a year. Johnson thought it might get used more for recitals if there were a better piano available. Kohlbeck stated that she rarely if at all gets requests to hold recitals at the Rambling River Center. Motion by Buringa and seconded by Higgins to recommend to the City Council to reallocate the money identified for a new piano to be used for the remodeling project at the Rambling River Center. APIF. Buringa moved and Higgins seconded to recommend to the City Council to approve the remodeling project with the change of building permanent walls for the staff offices rather than temporary walls. APIF. D. Park Signs Director Distad showed Commission members some samples of park signs that he has been working on to purchase. The new signs come from a company called Cylex. The signs are made from a composite mixture of aggregate and resins that give it a concrete appearance. It can be made with a smooth surface or rough surface. Commission members seemed to favor the rough surface because it seemed to match the atmosphere associated with parks. He stated that he working to get a proposal back from the sales person on cost and design work. He thought that he could have this information back to the Commission members for the August meeting. VI. Staff Report Director Distad updated Commission members on the status of the vending agreement with Coke. Staff received a better offer from Dahlco Music and Vending and the City Council approved the agreement with them rather than with Coke. It was for five years and they sell both Pepsi and Coke products. He stated that Dahlco currently services the vending machines at the Arena, City Hall and Rambling River Center. Director Distad provided information on the National Institute for Recreation Inclusion Conference, which is a national therapeutic recreation conference that will be held in September in Bloomington, Minnesota. He stated that if any Commission members besides Johnson are interested in attending this conference, they should contact him. Director Distad reminded Commission members of the upcoming park master planning meeting that will be held at the Maintenance Facility. He invited Commission members to attend the meeting. VII. August Agenda Items The following items were identified for the August 2003 meeting agenda: map of snow removal from trails and sidewalks, park sign proposal, update on Spruce Street Corridor Master Plan and Update on the Meadowview Park Master Plan meeting VIII. Adjournment Motion by Higgins and seconded by Ruth to adjourn the Commission meeting. APIF. Meeting was adjourned at 7:08 p.m. ?p~}};#J Randy Distad Parks and Recreation Director and Recording Secretary City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.c:i.farmington.mn.us TO: Mayor, Councihnembers and Interim City Administrat"-#, FROM: Randy Distad Parks and Recreation Director SUBJECT: Adopt Resolution Accept Donation - Parks and Recreation Department DATE: October 6,2003 INTRODUCTION A donation for a park bench in memory of a member of the graduating class of 1983 has been received. DISCUSSION Jill May from the Farmington School District's class of 1983, initiated the process of having a park bench donated in memory of one of her classmates. The class of 1983 collected funds to pay for the cost of the park bench. The park bench was installed in Rambling River Park overlooking the Vermillion River. The value of the park bench donated was $385.00. ACTION REQUESTED Adopt the attached resolution. ~lJJ;j) Randy Distad Parks and Recreation Director 7c RESOLUTION No. ACCEPTING DONATION OF $385.00 FROM THE CLASS OF 1983 FOR A NEW PARK BENCH Pursuant to due call and notice thereof, a regular meeting ofthe City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of October, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Farmington School District's Class of 1983 has donated a new park bench at a value of$385.00; and, WHEREAS, it is in the best interest of the City to accept such donation; and, WHEREAS, State Statute requires that the City formally accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of a park bench valued at $385.00 from the Farmington School District's Class of 1983 This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October 2003. Mayor Attested to the _ day of October 2003. Interim City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Randy Distad Parks and Recreation Director TO: Mayor, Councilmembers and Interim City Administrat SUBJECT: Adopt Resolution Accept Donation - Parks and Recreation Department DATE: October 6, 2003 INTRODUCTION A donation for ballfield improvements at Prairieview Park has been made by the Farmington In-House and Traveling Baseball organizations. DISCUSSION $550.00 was donated by both the Farmington In-House and Traveling Baseball organizations for a total donation of $1,100.00. The money donated will go towards enlarging the infield area and extending the fences along the first and third base lines on the baseball field at Prairieview Park. ACTION REQUESTED Adopt the attached resolution. Respectfully Submitted, ~ j),JfjJ Randy Distad Parks and Recreation Director 7d RESOLUTION No. ACCEPTING DONATION OF $1,100.00 FROM FARMINGTON YOUTH BASEBALL TRAVELING AND IN-HOUSE ORGANIZATIONS FOR BALLFIELD IMPROVEMENTS AT PRAIRIEVIEW PARK Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of October, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Farmington Traveling Baseball Program has donated $500.00 and Farmington In-House Baseball Program has donated $500.00 for baseball field improvements at Prairieview Park; and, WHEREAS, it is in the best interest of the City to accept such donations; and, WHEREAS, State Statutes requires that City's formally accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of $500.00 from the Farmington Traveling Baseball and $500.00 from the Farmington In-House Baseball Programs to be used for ballfield improvements at Prairieview Park. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October 2003. Mayor Attested to the _ day of October 2003. Interim City Administrator SEAL 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, Interim City Administrato FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation for Arena Scoreboard Electrical Work DATE: October 6,2003 INTRODUCTION Kelly Electric has donated time and materials toward the installation of the new scoreboard at the Arena. DISCUSSION Kelly Electric was hired to perform the wiring of the new scoreboard at the Arena that Premier Banks had donated. Brian Kelly, owner of Kelly Electric would like to donate his time and materials that were needed to install the new scoreboard. The value of this donation is $200.00. Staffwill communicate the City's appreciation on behalf of the City Council to Kelly Electric for their generous donation. ACTION REOUESTED Adopt the attached resolution accepting the donation of $200 for time and materials related to wiring the Arena's new scoreboard. Respectfully Submitted, .~Jt# Randy Distad Parks and Recreation Director RESOLUTION No. ACCEPTING DONATION OF $200.00 FROM KELLY ELECTRIC FOR TIME AND MATERIALS RELATED TO THE WIRING OF A NEW SCOREBOARD AT THE CIVIC ARENA Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of October, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Kelly Electric donated time and materials at a value of $200.00 towards the wiring of a new scoreboard at the Civic Arena; and. WHEREAS, it is in the best interest ofthe City to accept such donations; and WHEREAS, it is required by State Statute for the City Council to accept gifts given to the City. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of $200.00 from Kelly Electric for time and materials related to the wiring of the new scoreboard at the Civic Arena. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October 2003. Mayor Attested to the 6th day of October 2003. Interim City Administrator SEAL 7+' City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us FROM: Mayor, Councilmembers and Interim City AdmiIDstrato~ Lisa Shadick, Administrative Services Director TO: SUBJECT: Adopt Resolution Accepting Donation - Heritage Preservation Commission DATE: October 6, 2003 INTRODUCTION A donation for the Heritage Preservation Commission has been received from Dakota Electric Association. DISCUSSION Dakota Electric Association has generously agreed to donate $300 to the Heritage Preservation Commission. The donation will be used by the HPC to purchase shrubs that will be planted by the HPC members to mark the boundary of the Middle Creek Cemetery. Council designated the Middle Creek Cemetery a Farmington Heritage Landmark on February 18, 2003. Staff will communicate the City's appreciation on behalf of the Council to Dakota Electric Association for their support of the Heritage Preservation Commission. ACTION REOUESTED Adopt the attached resolution accepting the $300 donation from Dakota Electric Association. Respectfully Submitted, ~d.AAa~ Lisa Shadick Administrative Services Director RESOLUTION No. R -03 ACCEPTING DONATION OF $300 FOR IMPROVEMENTS TO THE MIDDLE CREEK HISTORIC CEMETERY Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of October, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Dakota Electric has donated $300 towards improvements to the Middle Creek Historic Cemetery; and, WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of $300 from Dakota Electric to be used for improvements to the Middle Creek Historic Cemetery. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 6th day of October 2003. Mayor Attested to the day of October 2003. Interim City Administrator SEAL City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us 3J FROM: Mayor, Councilmembers and Interim City Administra~ Lisa Shadick, Administrative Services Director TO: SUBJECT: Adopt Resolution Accepting Donation - Heritage Preservation Commission DATE: October 6, 2003 INTRODUCTION A donation for the Heritage Preservation Commission has been received from Anchor Bank. DISCUSSION Anchor Bank has generously agreed to donate $100 to the Heritage Preservation Commission. The donation will be used by the HPC to purchase shrubs that will be planted by the HPC members to mark the boundary of the Middle Creek Cemetery. Council designated the Middle Creek Cemetery a Farmington Heritage Landmark on February 18, 2003. Staff will communicate the City's appreciation on behalf of the Council to Anchor Bank for their support ofthe Heritage Preservation Commission. ACTION REQUESTED Adopt the attached resolution accepting the $100 donation from Anchor Bank. Respectfully Submitted, ~d.~a~_ Lisa Shadick Administrative Services Director RESOLUTION No. R -03 ACCEPTING DONATION OF $100 FOR IMPROVEMENTS TO THE MIDDLE CREEK HISTORIC CEMETERY 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 6th day of October, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Anchor Bank has donated $100 towards improvements to the Middle Creek Historic Cemetery; and, WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of $1 00 from Anchor Bank to be used for improvements to the Middle Creek Historic Cemetery. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 6th day of October 2003. Mayor Attested to the day of October 2003. Interim City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ FROM: Mayor, Councilmembers and Interim City Administrat~ Lisa Shadick, Administrative Services Director TO: SUBJECT: Gambling Event Permit - Farmington Sno- Tigers DATE: October 6, 2003 INTRODUCTION The Farmington Sno- Tigers is requesting a Gambling Event Permit for a raffle to be held at the Farmington American Legion the second Tuesday of each month from December, 2003 through April, 2004. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling permit fees are included in the revenue portion of the 2003 budget. ACTION REQUESTED Consider the attached Resolution granting a Gambling Event Permit to the Farmington Sno- Tigers at the Farmington American Legion, 10 North 8th Street, the second Tuesday of each month from December, 2003 through April, 2004. Respectfully submitted, ~"./I.~~. Lisa Shadick Administrative Services Director RESOLUTION NO. R -03 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR FARMINGTON SNO-TIGERS 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 6th day of October 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Farmington Sno- Tigers have submitted an application for a Gambling Event Permit to be conducted at the American Legion, 10 North 8th Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Farmington Sno- Tigers to be conducted at 10 North 8th Street is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October 2003. Mayor Attested to the day of 2003. Interim City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~~ TO: Mayor, Councilmembers and Interim City Administra~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Capital Outlay - Parks and Recreation Department DATE: October 6,2003 INTRODUCTION The swing set in Westview Park has been replaced due to age. DISCUSSION During the process of removing the swing set in Westview Park, the wood timber border surrounding the swings was also removed due to it being in poor condition. The City has been replacing wood timber borders with concrete borders due to their strength and durability when compared to other border materials. Staff solicited quotes from three contractors. North Country Concrete, Inc. submitted the low quote of $5, 118.50. BUDGET IMPACT There are funds available in the 2003 Park Improvement Fund budget to cover the cost of the concrete border. ACTION REQUESTED No action is requested. This is for informational purposes only. ~Sfj:#J Randy Distao, Parks and Recreation Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fannington.mn.us 7, u FROM: Mayor, Councilmembers and Interim City Administraro~ Randy Distad, Parks and Recreation Director TO: SUBJECT: Capital Outlay - Parks and Recreation Department DATE: October 6, 2003 INTRODUCTION The City has a boulevard tree program. Each year some boulevard trees die due to either natural or man made causes. . The City has in the past made it a practice of replacing the dead boulevard trees. DISCUSSION The specifications for the project included: removal and disposal of existing dead trees, provide a protective tree wrap around the lower trunk of the tree and watering the trees until the ground is frozen. There were a variety of species of trees specified to be planted that are appropriate for boulevards. A 2 inch balled and bur lapped tree was the minimum size allowed to be planted. Quotes were solicited from six nurseries to plant 45 trees in various boulevard locations around the City to replace dead trees. Two nurseries submitted quotes to the City prior to the established deadline, one quote was received after the deadline and three nurseries did not submit quotes. The low quote was received from Switzer's Nursery in the amount of $14,280.00. BUDGET IMPACT There is funding identified in the 2003 Forestry budget to cover the costs related to the planting and the care this fall of the new boulevard trees. ACTION REQUESTED No action is requested. This is for informational purposes only. YR:1SUDJip Randy Distad, Parks and Recreation Director }~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: FROM: Randy Distad, Parks and Recreation Director RE: Adopt Ordinance - Park and Recreation Commission Text Amendment DATE: October 6, 2003 INTRODUCTION The City of Farmington has an existing ordinance that regulates the Park and Recreation Commission. DISCUSSION The Parks and Recreation Advisory Commission at its September 10, 2003 meeting discussed whether or not it should recommend to the City Council that the length of term for Commission members be changed to a three year term from a two year term and that terms should be staggered so that in any given year no more than two Commission seats would expire at the same time. Since the City is growing and the park and recreation system is changing, Commission members felt that the first year was really a learning year and that it took at least one year to become comfortable with being on the Commission. By the second year of their term, Commission members felt that they were more comfortable during meetings and better understood the park and recreation system. If a third year were added to the length of the term, Commission members felt that the City would benefit by having that experience an additional year rather than possibly having the appointment of a new Commission member and needing a year for the new member to learn about and become comfortable with the City's park and recreation system. Commission member voted unanimously to recommend to the City Council that Commission members be appointed for three year terms beginning with the seats that expire on January 31, 2004 and that the terms be staggered so that the number of Commission seats would expire in a 2-1-2 manner over a three year period. One of the appointments in 2004 will need to be for two year term initially, in order for the seats to follow the 2-1-2 rotation over a three year period. If the City Council supports the Commission's recommendation, this would require that the Park and Recreation Commission Ordinance (Title 2, Chapter 6, Section 3(E)) text would have to be amended. Attached are proposed text amendments to the City Code. A strikethrough identifies the deletion of certain language and the underline identifies new language to be added to the Ordinance. ACTION REQUESTED Adopt the attached Ordinance that amends the text related to the Park and Recreation Commission member's length of term. ,!f:!llYS12/J Rand~' Parks and Recreation Director CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTION 3(E) OF THE FARMINGTON CITY CODE, THE PARK AND RECREATION COMMISSION ORDINANCE, CONCERNING LENGTH OF TERM THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 3. Section 2-6-3(E) of the Farmington City Code is amended to read as follows: (E) Terms: Terms shall be staggered so that there shall be continuity on the Commission. Members shall be appointed for two (2) three (3) year terms each beginning on the first day of February, providing for a rotation of two (2) members one year, Bfld three (3) memeers fue Fl6Xt one (1) member the next year and two (2) members the following year, et seq. Effective with this ordinance and beginning with appointments in 2004. the following shall occur: one (1) member shall be appointed for a two year term and two (2) members shall be appointed for a three year term. Each subsequent appointment to follow shall be for a three year term. unless an appointment is made to fill a vacancy then the appointment shall be made for the unexpired term. ADOPTED this City of Farmington. day of , 2003, by the City Council ofthe CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: City Administrator SEAL By: City Attorney Published in the Farmington Independent the _day of , 2003. 7L City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers and Interim City Administral~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Encroachment Agreement DATE: October 6,2003 INTRODUCTION An Encroachment Agreement is needed for a trail crossing a pipeline easement in Fair Hills Park. DISCUSSION The City recently undertook several trail construction projects. In one ofthe areas identified for a new trail, the trail crosses a Northern Natural Gas Pipeline Easement. Northern Natural Gas requires that an Encroachment Agreement be entered into anytime an entity works in their pipeline easement. Attached is the Encroachment Agreement. The City has entered into this type of an Agreement in the past when working in the pipeline easement during street improvement projects. The City Attorney has reviewed the Encroachment Agreement and has found the terms in the agreement to be acceptable. BUDGET IMPACT There is no cost to work in the pipeline easement. It only requires the City to sign the Encroachment Agreement. ACTION REQUESTED Approve the attached Encroachment Agreement. ~t~llYm?J ~tad, Parks and Recreation Director File No.: 03-094 Line & Tract No.: MNM 80901-8 ENCROACHMENT AGREEMENT This instrument made and entered into this day of ,2003, by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation, (hereinafter referred to as "Northern"), with principal offices at P.O. Box 3330, Omaha, Nebraska 68103-0330, and THE CITY OF FARMINGTON (hereinafter referred to as "Owners"). WITNESSETH THAT: WHEREAS, Northern is the holder of an Easement granted by Anna B. Lawther, a single woman on the 1st day of November, 1948 covering the following described premises in Dakota County, Minnesota: The East Half ofthe Northeast Quarter (E~NE~) and the Southeast Quarter (SE~) of Section Twenty-three (23), Township One Hundred Fourteen (114) North, Range Twenty (20) West and the Northwest Quarter of the Southwest Quarter (NW~SW~) of Section Twenty-five (25), Township One Hundred Fourteen (114) North, Range Twenty (20) West; and which Easement was recorded the 27th day of June, 1949 as Document No. 202651 in Book 225 of Deeds at Page 352 in the Office of the Register of Deeds for Dakota County, Minnesota and defined to an 100- foot wide strip of land by a Modification and Amendment of Easement Grant executed the 5th day of April, 1957 and recorded the 24th day of May, 1957 as Document No. 252461 in Book 68 of Miscellaneous at Page 291 in the Office of the Register of Deeds for Dakota County, Minnesota (hereinafter referred to as "Easement"); and WHEREAS, pursuant to the authority contained in said Easement, Northern has constructed and currently operates and maintains a 24-inch pipeline along with the right to install additional pipelines and facilities from time to time (hereinafter referred to as "Pipeline Facilities"), across and through the above described premises; and WHEREAS, the Owners are the present Owners of the following described real property, with Pipeline Facilities situated upon the following described land in Dakota County, Minnesota (hereinafter referred to as the "Owned Premises"): Lot 11, Block 6, of the Fair Hills Addition to the City of Farmington, being part of the East Half of the Northeast Quarter (E~NE~) of Section Twenty-three (23), Township One Hundred Fourteen (114) North, Range Twenty (20) West. WHEREAS, the Owners plan to construct an 8-foot wide bituminous path crossing the pipeline at approximately a 900 angle (hereinafter referred to as "Encroachment") upon and within a portion of the confines of Northern's Easement, as shown on Exhibit "A", attached hereto and by this reference, made a part hereof, with this written consent; and File No.: U3-UY4 Line & Tract No.: MNM 80901-8 WHEREAS, the Owners .have been advised by Northern that Northern is a natural gas transmission company and that Northern operates a high pressure underground natural gas pipeline through the Owned Premises; and WHEREAS, the Owners have requested permission from Northern to maintain, use, and enjoy the Encroachment upon a portion of Northern's Easement and in close proximity to Northern's Pipeline Facilities; and WHEREAS, Northern is willing to grant such permission upon the terms and conditions set forth as follows. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. Northern hereby grants permission to the Owners to maintain, operate and use upon the Owned Premises and in close proximity to Northern's Pipeline Facilities, the said Encroachment, subject to the following conditions: A. That the Owners assume all risks for damages, injuries, or loss to either property or persons, which may be incurred by the Owners or its respective agents, invitees, or licensees present on or in the vicinity of the Easement and in any way associated with said Encroachment. B. That the permission granted herein is limited exclusively to the proposed Encroachment within Northern's Easement. The Owners shall not alter the grade or permit such alteration anywhere on the land upon which Northern has reserved its easement rights, without the prior express written consent of Northern. C. That the Owners shall at all times conduct all its activities on said Easement in such a manner as not to interfere with or impede the operation of Northern's Pipeline Facilities and activities in any manner whatsoever. D. That the Owners shall not plant any trees or shrubs within the confines of Northern's Easement without the prior express written consent of Northern. 2. The Owners agree to indemnify, protect, and hold Northern, its parent, affiliates, subsidiaries, and their directors, officers, employees, representatives, and agents harmless from and against any and. all actions or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost, or expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, arising from or as a result of any incident, act, action, cause of action, negligence, transaction or omission of the Owners in connection with, or incidental to the construction, operation, maintenance, or use of the said Encroachment within, upon or in the vicinity of and upon the Easement, or from the operation, maintenance, use or presence of Northern's Pipeline Facilities upon or in the vicinity of the Encroachment except where such loss, cost, liability, or expense was proximately caused by the negligence of Northern or its employees. It is understood and agreed by the parties that under this Agreement, the Owners shall be jointly and severally liable. 3. The Owners agree that protection of Northern's Pipeline Facilities will be maintained at all times. File No.: 03-094 Line & Tract No.: MNM 80901-8 4. Should Northern need to remove any of the Owners' said Encroachment within its Easement in order to construct, maintain, operate, repair, remove, or resize Northern's existing or additional Pipeline Facilities, the Owners or its respective heirs, successors, and assigns shall pay the cost of removing and replacing or reinstalling said Encroachment. In addition, all repair and maintenance work performed by Northern on its existing or additional Pipeline Facilities located on the Owned Premises shall be performed in a reasonable workmanlike manner and Northern shall restore the surface and grade of the Owned Premises where the work is performed, but shall not be liable for loss, damage, or replacement to the Owners' said Encroachment or any associated equipment and facilities that exist within the Easement, and in this regard, the Owners hereby release Northern, its employees, agents, officers, and directors from any and all liability for any such loss or damage. 5. The Parties hereto understand that this Agreement in no way constitutes a waiver by Northern of its rights to enjoy its Easement unencumbered by the construction of said Encroachment within Northern's Easement. 6. It is expressly agreed to by and between the parties hereto that if the Owners are in violation of any terms or conditions set forth in this Agreement, Northern, at its option, may terminate this Agreement upon ten (10) days' notice to the Owners. In the event of such termination, the Owners shall immediately remove any and all of said Encroachment which may be situated on the Easement, or if the Owners fail to remove any and all of said Encroachment, Northern may, at its option, remove said Encroachment at the expense of the Owners and without any liability whatsoever. It is further agreed that the failure by Northern to exercise such option as to any such violation shall not constitute a waiver of Northern's future right to exercise such option as to the same or any future violation. 7. The provisions of the Easement, and all rights, powers, privileges, and duties, obligations, and liabilities created thereby, remain in full force and effect and are not affected hereby except to the extent and in the manner set forth above. 8. The Owners agree to indemnify, defend and hold Northern, its parent and affiliated companies, and the directors, officers and employees of any such corporate entities harmless from and against any liability, damage, claims, loss, cause of action, suit, proceeding, judgment, cost (including the cost or expense of environmental response, removal or remediation activities), fees or expense, including reasonable attorney's fees arising from: (1) non- compliance with any laws, regulations and orders applicable to the ownership or the operation and maintenance of the said Encroachment on the Owned Premises described herein, and (2) any incidents, acts, releases, negligence, transactions or omissions, or conditions on or affecting the Easement that would (i) contribute to or constitute a violation of any local, state or federal environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any requirement to clean up or otherwise remedy or remediate a condition, (iii) give rise to any lien, liability, injunction, order, rystriction, claim, expense, damage, fine or penalty, or (iv) adversely affect human health or the environment at or near the Easement. This instrument and the covenants and agreements herein contained shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties and the benefits of this Agreement shall run with the land. IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above written. File No.: 03-094 Line & Tract No.: MNM 80901-8 "NORTHERN" "OWNERS" NORTHERN NATURAL GAS COMPANY THE CITY OF FARMINGTON By By Glen R. Hass Agent and Attorney-in-Fact Gerald G. Ristow Mayor By Daniel M. Siebenaler Interim City Administrator STATE OF NEBRASKA ) )SS COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me, a Notary Public duly commissioned and qualified in and for said county and state, on this _ day of ,2003, by Glen R. Hass, the A$!ent and Attornev-in-Fact of Northem Natural Gas Company. (S E A L) Notary Public My Commission Expires STATE OF ) )SS ) COUNTY OF The foregoing instrument was acknowledged before me, a Notary Public duly commissioned and qualified in and for said county and state, on this _ day of , 2003, by Daniel M. Siebenaler, the Interim City Administrator for the City of Farmington. (S E A L) Notary Public My Commission Expires STATE OF ) ,)SS ) COUNTY OF The foregoing instrument was acknowledged before me, a Notary Public duly commissioned and qualified in and for said county and state, on this _ day of ,2003, by Gerald G. Ristow, the Mayor of the City of Farmington. (S E A L) Notary Public My Commission Expires Document PreDared bv/Returned to: Northern Natural Gas Co.. ATIN: ROW DeDt.. 1650 W. 82nd Street. Suite 1250. EXHIBIT "A" Page 1 of 2 ______._________N ,-'- -- -.1 Jl Nor / 0 ~(7/-l/.. G 5EMENT/ ~ 608 0;;::- <. FAIR H ILLS 'ADDI s 00 oa' 41'1 w 26..38.44 EX AVE, o. (D. o '<1' o q 109.64 . . f 425.62 .30 30 141.00 13 .', I 10 3:' ~ ~ . ~ 0 "C:/lej.!J,IP.-<:?:~ 0 o '" T.~ _ 0 II'i ~ II'l IfI N ~ 22 ':n ~ '00 z' 30" '" . I I . 10 'I ':"'<?3 '" ...., 0 <' ........ .... I iro ,,010 '1- > .~ ^' a Y/~ I .......~ 1 )Cl ... .' .." ~. . . '! "8~<:>6"" ~I 6 ~~ I,J',~ <.1"'/:> .~.. '<JCo . < os'?'. oOJ~. %.oo.s6.~f/ " ~ 7 18 5 ~ / / .! 9/1 .{~ 10 lo~ f~~'.;' 4 .~ I ~. ,:At ~o :;. I. ",33" 7 l.cJ os... ~$" ~ .- .~1 '~YI , ... ~.3 ".Ict.I'. . e 361.7~ 10 , \ . .z II t -l . -.l . , ~- ! - 0 15 r.f) ~ ,tIo -/ 1'0)' 14 ~ - -\ 12 N, C1l~ . '\0 " 0. 13 "~\~ ~, IJI 0 l " ,!~ I rn '. (1\ ~l Ul' -\ ... ' ,,, ... IOA,I,n" I:' -. EXHIBIT "A" Page 2 of 2 1'" 2341 bituminous . wear course 1.5 N 2331 bituminous base course NOTE: The final wear coarse lift should be placed upon 90-95% completion of 011 home construction. · Trail width varies as diricted by engineer 6" Class 5 aggregate 100% crushed limestof.le guarry or recycled equal ~MNDOT j 138). SIDEWALK TYPICAL i"' 5' SECTION I( "r *4" Concrete (3A32) 4" fine filtered aggregate (MNDOT 3149) or Closs 5 aggregate 100% crushed limestone quarry or recycled equal (MNDOT 3138) *NOTE: 6" thick sidewalk is required through driveway areas. STANDARD DETAILS "TYPICAL BIKE PATH AND SIDEWALK SECTIONS Lo.st "Revision: Feb 2002 7m City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, Interim City Administrat~ Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Approve Metering Equipment Purchase - Main Street Project DATE: October 6, 2003 INTRODUCTION Council approved the Main Street Area Reconstruction - Phase 1 change order No.1 on July 7, 2003 removing the electrical and flow metering requirements for the sanitary sewer metering structures on the project. This change order resulted in a deduction from the Main Street Area Reconstruction - Phase 1 project costs in the amount of $78,000. Separate quotes were solicited for the electrical and flow metering equipment and quotes were opened on Wednesday, August 27, 2003. DISCUSSION The low bid is from Total Control Systems, Inc. for $25,614.00. By removing the electrical and flow metering equipment from the Main Street Area Reconstruction - Phase 1 project and bidding the equipment separately, the project will see a cost savings of $52,386.00. BUDGET IMPACT This equipment will be funded through the Main Street Area Reconstruction - Phase 1 project. ACTION REQUESTED Award the contract for the Flow Telemetry Panel Project to Total Control Systems, Inc. for the amount of$25,614.00. Respectfully Submitted, ~YJ( >>z~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file .w -- 1\]1 Bonestroo Rosene Anderlil< & Associates Bonestroo. Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo. PE. . Marvin l. Sorvala. PE. . Glenn R. Cook. P.E. . Robert G. Schunicht. PE. . Jerry A. Bourdon. PE. . Mark A. Hanson. PE. Senior Consultants: Robert W. Rosene. PE. . Joseph C. Anderlik, PE. . Richard E. Turner. P.E. . Susan M. Eberlin. c.p Associate Principals: Keith A. Gordon. PE. . Robert R. Pfefferle. PE. . Richard W. Foster. PE. . David O. Loskota. P.E . Michael T. Rautmann. PE. . Ted K. Field. PE. . Kenneth P Anderson. PE. . Mark R. Rolfs. PE. . David A. Bonestroo. M.B Sidney P Williamson. PE.. l.S. . Agnes M. Ring. M.B.A. . Allan Rick Schmidt. PE. . Thomas W. Peterson. PE. . James R. Maland. PE. . Miles B. Jensen. PE. . l. Phillip Gravel III. PE. . Daniel J. Edgerton. PE. . Ismael Martinez. PE. . Thomas A. Syfko. PE. . Sheldon J. JOhnson' Dale A. Grove. PE. . Thomas A. Roushar. P.E. . Robert J. Devery. PE. Offices: St. Paul. St. Cloud. Rochester and Willmar. MN . Milwaukee. WI . Chicago. IL Website: www.bonestroo.com Engineers & Architects September 10,2003 Honorable Mayor and City Council City of Farmington 325 Oak Street Farmington, MN 55024-1374 Re: Flow Telemetry Panel Project File No. 141-98-080 B Recommendation of Contract Award Bids were opened for the project stated above on Wednesday, August 27,2003 at 3:00 P.M. Transmitted herewith is a copy of the bid tabulation for your information and file. There were a total of three (3) bids. The following surnmarize8 the results of the bids received: Low #2 #3 Contractor Total Control Systems, Inc. In Control, Inc. Instrument Control Systems, Inc. Base Bid $25,614.00 $28,925.00 $49,800.00 The low bidder on the project was Total Control Systems, Inc. with a Base Bid of $25,614.00. These bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this type of project. If the City Council wishes to award the project to the low bidder, then Total Control Systems, Inc. should be awarded the project on the Base Bid Amount of $25,614.00. A quote was received for $21,593.00 from Automatic Systems Company. This quote is not being forwarded to the Council for consideration since it was received two days after the above stated opening date and after the company was informed of the apparent low bidder's quote. Should you have any questions, please feel free to contact me at (651) 604-4785. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. t!L&~ Chad B. Westbrook, P.E. D [g @ [g O\l!l SEP I 7 2003 - IT: II ! ilidJ Enclosure 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600 · Fax: 651-636-1311 13 ~ CI:l c:: 111 .!:'l .!:'l ~ tii ~ ~ 'i: CI:l o .s ~ CI:l .c: Gi c: III 0.. ... 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U:OfJ7 o III 'c 0 '0 5l .g i:ii ~ .= m 5~~ 0- e:$ . 0 ~...o e:Eo o ... 0 (j).Eo en t5 1.0.. ::::::lC\l _-ofJ7 III CIl ' 00'0 "2 'C' CD g$~ =ocu :: c. CO CIl e: o Z en :: w !:: w ... ::::l ... ~ f/l III ::::l f/l III E CIl (j) >. Cf) e "E o Q .c: 1: o ~ Z~ CIl CIl .., e: ::::l'" ::::l e:LO E CIlLOco....:c >zcocoo"E <( :: ~~5c~ Cf) CIl ~ ~.cmms:~ E :;;g:2:2ffi.t ~ 8Ec;)(1)~Q)~ e:g~~~~~5~ w z iii ~ en e:0> ;i:'" 0'" ou;~ .f:~Z g~:: 5 f6 i Q M.m e:~iD o .f:wo E Z ~ _CD ~ L{) (J)"i:: Lt) >-0 Z Cf)e::: g~"ti e: >. Qi 8zE _:;;:0 ctl CO e: oro$ "'MCf) Ui III CIl -0 -0 <( -0 e: ctl CIl E ctl Z (; o f!! "E o Q OC\le: OOCll LOLOlIl O>O>iii MME COcoClle: ~~S2~ ~~~~~ t:......~a.z C\l M .5 ..,..,CIl ~~~ , , CIl ~~.g"E MMO~ ~~ffi.~ ~ ~~<i:a:~ Qi~>.Qi e:u.co:!:! o -01- .c: CIl a. e: Cl en -0 CIl Cl -0 CIl ~ o e: ~ o <( ctl -0 e: CIl -0 -0 <( . fl. Bonestroo II Rosene "W\1I Anderlik & 1\J1 Associates ngineers & Architects Owner City of Farmington, 325 Oak St., P. O. Box 367, Farmington, MN 55024 Contractor: Barbarossa & Sons Inc., 11000 93rd Ave. N., P. O. Box 367, Osseo, MN 55369 Bond Company: Date June 30, 2003 Bond No: CHANGE ORDER NO. 1 MAIN STREET AREA RECONSTRUCTION - PHASE 1 BRA FILE NO. 141-98-080 A Description of Work The Owner has elected to order this Change Order to respond to the following issues: 1. Address MCES requirements for connection to their interceptor manhole. 2. Delete all electrical and flow metering requirements for the metering structures and add two (2) conduit sleeves through exterior of precast metering structures. The substantial and final completion dates will not be revised under this Change Order. Proiect Manual - section adjustments as follows: Section 16903 - Control Panel - delete this entire section from the Project Manual. Section 11300 - Wastewater Metering Part 2.02 - Flow Meter - delete this entire part from the Project Manual. Part 2.06 - Precast Structures - add G. Provide two I-inch PVC-80 conduit sleeves through the exterior of the precast manhole. Locate the sleeves 2 feet below grade. Sleeves shall be located on the south side, as shown on the drawings. Locate the sleeves on the shop drawing so their location may be confirmed. Cap sleeves on both ends for connection of future conduit. Section 01100 - Summary Part 1.05C - Other work on Site - add 3. The installation of flow meter, control panel, SCADA connection and necessary conduit for the Palmer-Bowlus Metering Structure. Drawinl!s - delete all electrical work shown on the drawings. Contract Unit Total No. Item Unit Quantity Price Amount I 2 Part 1 - Sanitary Sewer Price Adjustment PALMER-BOWLUS METERING STRUCTURE PARSHALL FLUME METERING STRUCTURE Total Part 2 - Sanitary Sewer Price Adjustment LS LS -$78,000.00 $0.00 ($78,000.00) $0.00 ($78,000.00) 3 Part 2 - Sanitary Sewer Add 21" PS 115 PVC SANITARY SEWER, 15' - 20' DEEP Total Part 2 - Sanitary Sewer Add LF 13 $86.00 $1,118.00 $1,118.00 Total Part 1 - Sanitary Sewer Price Adjustment Total Part 2 - Sanitary Sewer Price Add TOTAL CHANGE ORDER NO.1 ($78,000.00) $1,118.00 ($76,882.00) 14198080ACHOl /" 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: Daniel M. Siebenaler, ~~./ Interim City Adminis~ar- SUBJECT: Appointment of Responsibility Authority Minnesota Data Practices DATE: October 6, 2003 INTRODUCTION / DISCUSSION Minnesota Data Practices laws require that each City appoint an individual to serve as its "Responsible Authority" in the oversight of Data Practices issues. The Statute requires that a person specifically named by City Council Resolution serve in that capacity and be appointed on an annual basis. This appointment has been added to the list of annual appointments approved by the City Council in January of each year. ACTION REQUESTED Approved the attached resolution appointing Interim City Administrator Daniel M. Siebenaler as the Responsible Authority for the City of Farmington. Respectfully submitted, Daniel M. Siebenaler Interim City Administrator RESOLUTION NO. R -03 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 6th day of October, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, The Minnesota Data Practices Law requires the City to appoint a Responsible Authority, NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby appoints Daniel M. Siebenaler, in his capacity as Interim City Administrator, as the Responsible Authority pursuant to Minnesota Data Practices statutes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of October 2003. Mayor Attested to the _day of 2003. Interim City Administrator SEAL COo- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City Administraro~ . FROM: Lisa Shadick, Administrative Services Director SUBJECT: Consider Resolution - Designating Farmington Heritage Landmarks DATE: October 6,2003 INTRODUCTION The City Council may designate individual historic buildings and sites as Farmington Heritage Landmarks. DISCUSSION The Exchange Bank Building, the Church of the Advent and the Akin House were placed on the National Register of Historic Places in December of 1979. The Heritage Preservation Commission has determined that because of this status the properties meet the eligibility criteria for designation as Farmington Heritage Landmarks under City Code 2-11-4(A): The HPC has submitted documentation supporting the Heritage Landmark designation of these properties in a report prepared by Robert Vogel dated July, 2003. The documents have been forwarded to the Minnesota Historical Society for review and since the documents meet the applicable standards, comments expect to be favorable. When comments are received from the Minnesota Historical Society they will be incorporated in the landmark designation reports. The property owners have all indicated their desire to go forward with this process and Robert Vogel will be available at the public hearing to answer any questions you may have. BUDGET IMPACT None. ACTION REOUESTED Adopt a resolution designating the Exchange Bank Building, Church of the Advent and Akin House as Farmington Heritage Landmarks, and noting the three properties as heritage landmarks on the Official City Zoning Map. Respectfully submitted, ~,-/l~d~ Lisa Shadick Administrative Services Director cc: Hosmer Brown, Exchange Bank Building John Fortney, Church of the Advent Bruce and Sharon Connor, Akin House Robert Vogel, HPC Consultant HPC Members RESOLUTION NO. R -03 DESIGNATING THE EXCHANGE BANK BUILDING, CHURCH OF THE ADVENT AND THE AKIN HOUSE AS FARMINGTON HERITAGE LANDMARKS 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 6th day of October 2003 at 7 :00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Farmington City Council has declared as a matter of public policy that the preservation, protection, perpetuation, and use of significant historic properties is a matter of public necessity; and, WHEREAS, the Heritage Preservation Commission has determined that the Exchange Bank Building, Church of the Advent and the Akin House, meet the eligibility criteria for designation as Farmington Heritage Landmarks under City Code 2-11-4(A); and, WHEREAS, the Heritage Preservation Commission has submitted documentation supporting Heritage Landmark designation of the Exchange Bank Building, Church of the Advent and the Akin House in reports prepared by Robert C. Vogel, Preservation Planning Consultant, dated July 2003; and, WHEREAS, the Minnesota Historical Society is expected to comment favorably on the proposed landmark designations; and, WHEREAS, a public hearing on the proposed landmark designations was held in the City Council Chambers in City Hall on October 6,2003. NOW, THEREFORE, BE IT RESOLVED that: 1. The Exchange Bank Building, Church of the Advent and the Akin House are designated as Farmington Heritage Landmarks. 2. The Exchange Bank Building, Church of the Advent and the Akin House will be noted as heritage landmarks on the Official City Zoning Map. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 6th day of October 2003. Mayor Attested to the day of 2003. Interim City Administrator SEAL DOCUMENTATION SUPPORTING HERITAGE LANDMARK DESIGNATION OF THE EXCHANGE BANK BUILDING, 344 THIRD STREET By Robert C. Vogel Preservation Planning Consultant July, 2003 INTRODUCTION This report documents the historical and architectural significance of the Exchange Bank Building, 344 Third Street. The report makes the case for the property's eligibility for designation as a Farmington Heritage Landmark pursuant to ~2-11-4 of the Farmington City Code. Farmington Heritage Landmarks are the buildings, sites, and districts so designated by the City Council in recognition of their historical, architectural, archeological, or cultural significance. Properties are nominated by the Heritage Preservation Commission (HPC) following a public hearing. Under state law, the Minnesota Historical Society must also review each nomination. Once a property has been designated a Farmington Heritage Landmark, this report becomes part of the official designation and is used to guide planning for the preservation, protection, and use of the historic property. ADMINISTRATIVE DATA Name: The name of the property being designated is the Exchange Bank Building. It was also historically known as the Bank of Farmington and the First National Bank. Location: 344 Third Street. HPC determination of eUgibility: The HPC evaluated the Exchange Bank Building and issued its finding of significance on May 15,2000. National Register status: The Exchange Bank was placed on the National Register of Historic Places on December 31, 1979. Historic functions: Commercial building; financial institution (bank); auditorium; specialty shops Current function: Commercial building. 1 DESCRIPTION Architectural classification: Romanesque Commercial Block (comer business block) Date of construction: 1880 Narrative description: The Exchange Bank Building is a two-story, brick comer business block that shows the influence of the Romanesque style. Located at the intersection of Third and Oak, in the heart of downtown Farmington, it integrates two street elevations and a strong comer entrance. The elaborate pressed metal cornice displays Late Victorian period detailing in the form of ltalianate-styled brackets, dentils, and a triangular pediment overlooking Third Street. The round-headed windows 'with stone headers and sills, together with the arched comer entrance, accent the vertical, while the brick pilasters divide both facades into distinct bays. Both elevations are characterized by solid massing and strong lines, but the Third Street facade is more lavishly ornamented and has a lighter, more picturesque feeling than the surface facing Oak Street. Both entrances exhibit arcading, and the canted main entry is set at a 45-degree angle to the intersection of the walls. The Exchange Bank Building was acquired by the city and rehabilitated as an economic development project in 1996. Michael G. Mularoni was the project architect and all work was certified by the Minnesota Historical Society for compliance with the Secretary of the Interior's Standards for Rehabilitation. Vacant for much of the 1990's, the building is now privately owned and in commercial use. Once regarded as an eyesore, today the restored building is a visual and historical anchor for Farmington's downtown. EVALUATION Local historic context: The property was evaluated within the local historic context, "Downtown Farmington," as delineated in the 1995 historic context study. Areas of significance: Architecture Period of significance: 1880 to 1966 2 Narrative statement of significance: The Exchange Bank Building is a product of the Late Victorian period design vocabulary and shows the influence of the Romanesque and Italianate styles. It was designed by master builder Augustus F. Gauger (1852-1929) of Saint Paul and was built as a business block, intended to be the most prominent commercial building in downtown Farmington. In addition to housing the bank, the building contained a combination of shops and offices. The masonry bank building replaced an earlier frame commercial building that was destroyed by fire in 1879, part of the conflagration which destroyed much of Farmington's original business district. As built, the building hous.ed with Bank of Farmington on the south side of the ground floor, with the post office at the rear of the building, and a large hall (capacity five hundred) on the second floor. When the Exchange Bank acquired the property from the failed Bank of Farmington in 1896, the building assumed its present name. In addition to the bank, the building housed various small businesses, including a saloon, hardware store, billiard parlor, and cafe. The Exchange Bank Building was listed in the National Register of Historic Places because of its architectural qualities, reflecting the standards and tastes of the Late Victorian period in small-town Minnesota. In the context of downtown Farmington history, it is historically significant not only as a notable specimen of high-style commercial architecture, but as an enduring, tangible link to the city's business heritage. BIBLIOGRAPHY Vogel, Robert C. Farmington Historic Context Document. Unpublished report prepared for the Farmington HPC, 1995. Historic Resources Survey of the Downtown Historic Preservation Planning Area, Farmington, Minnesota. Unpublished report prepared for the Farmington HPC, 1997. ATTACHMENTS 1. National Register of Historic Places Registration Form for the Exchange Bank (1979). 2. Views of the Exchange Bank Building, showing current conditions. 3 . . ..:'t<,l".a-.3l)1i I U-78) United States Department of the Interior Heritage Conservation and Recreation Service DK'" fr\\<!. -03 r .--------:-~-:-~-.~...- . or HeRS use only. - :. - :,~a~~~~:;.. ate .entered ~:;;:~t~~~.:r':.. :-., ~~~~~~i~1t~~~~~:;..~..... ; National Register of Historic Places Inventory-Nomination Form See instructions in How to Complete National Register Forms Type all entries-complete applicable sections 1. Name historic Exchange Bank Building and/or common Rietz Building 2. Location. street & number 344.Third Street _ not for publication city, town Farmington _ vicinity of congressional district First state Minnesota code 22 county Dakota code 037 3. Classification Category _ district -X- bullding(s) _ structure _site _ object Ownership _ public -L private _ both Public Acquisition _ in process _ being considered Status L occupied _ unoccupied _ work in progress. Accessible -X- yes: restricted _ yes: unrestricted _no Present Use _ agriculture --X commercial _ educational - entertainment - government _ industrial _ military _ museum _ park' - private residenc _ religious _ scientific _ transportation _ other: 4. Owner of Property name James K. Rietz street & number Law Building city, town Owatonna _ vicinity of state Minnesota 55060 5. Location of Legal Description courthouse, registry of deeds, etc. Dakota County"Government Center street & number 1560 West Highway 55 city, town Hastings state Minnesota 55033 6. Representation in Existing Surveys Statewide Survey of Historic title Resources h~s this property been determined eleglble? _ yes _,. date 1979 - federal _ state _ county _ loc;al depository for survey records Minnesota Historical Society -- 240 Summit Avenue-Hill House city, town St. Paul state Minnesota 55102 -, ,.." Description Condition _ excellent ~ good _fair _ deteriorated _ ruins _ unexposed Check one _ unaltered --X. altered Check one L original site _ moved date Describe the present and original (if known) physical appearance The Exchange Bank Building is a two-story rectangular structure of red brick on a stone foundation. It is in the Italianate style with a bracketed primary cornice and a secondary cornice above the street-level facade. Bays are separated by pilasters. The first floor has a double storefront with large windows. Another storefront on the south side of the building has been altered. The entry for the second floor has a semi-circular arch with a fanlight. The storefronts have been altered with a metal awning, metal siding between the awning and secondary cornice, and a colorful paint job. All of these are fundamen- tally reversible. A small balcony on the second floor facade has been removed. The second floor. has two-aver-two windows with semi-circula~ arches of buff- colored brick. The keystone of each arch is of cast stone with a floral design. Similar stones are visible on the ground floor beneath the paint. The cornice and pediment appear to be of pressed metal.. One of several original brick chimneys is intact. . . , -: 8. Significance .' Period _ prehistoric _ 1400-1499 -.:..- 1500-1599 _1600-1699 _ 1700-1799 .-X.- 1800-1899 _ 1900- Areas of Significance-Check and justify below.. _ community planning _ landscape architecture_ religion _ conservation _law - science _ economics _ literature _ sculpture _ education ~ military - socia II _ engineering _ music humanitarian _ exploration/settlement _ philosophy _ theater - _ industry ~po\itics/government _transportation _ invention fI : : ::. t, _ other (specify) _ archeology-prehistoric _ archeology-historic _ agriculture _ architecture _art l commerce _ communications .0 c: Specific dates 1880 Builder/Architect " . , Statement of Significance (in one paragraph) The Exchange Bank Building is significant as a notable example of the second- generation masonry commercial structures commonly constructed on the main streets of Dakota County towns during the last third of the 19th century. Built in 1880 on the busy corner of Third and Oak Streets in Farmington, the brick building replaced first-generation..woode:q. stores destroyed in a disastrous fire in 1879. For many years the Exchange Bank occupied the south side of tbe first floor, with a hard- ware store on the north side; the Post Office in the rear of the first floor; and an opera hall on the second floor. The bank and post office have moved to newer quarters and the opera hall is defunct, yet the structure continues to function as an essential part of the business district with new tenants. The building's corner location ensures maximum visibility for the elaborate metal cornice and floral motif of the cast-stone trim. In spite of l~rgely reversible alterations to the double storefront, the Exchange Bank Building remains one of the best-preserved second-generation commercial structures in Dakota County. . _.- iViaJor t::SltJllographical References .~. .10. Geographical Data Acreage of nominated property less than 1 Quadrangle name Farmington UMT References Quadrangle scale 7.5 A l.!J2J. ~ Zone Easting ~ Northing BW Zone LhLuJ ~ Easting Northing C LU lLL.Lu.J l.1..lLl..u.J E L.U ~ LLLLl...uJ G L.U ~ LLLL.L.u.J oLtJ .LLLlW ~ F LU LL.l...u.J LLLLLw.J H LLJ LL.l...u.J LLl.J.i..u..J Verbal boundary description and justification S 70 ft. of E 100 ft.~ Lots 4 and 5~ ex. Block 22~ Original Town of Farmington N 1 ft. of E 80 ft. List all states and counties for properties overlapping state or county boundaries state code county code state code county code 1. Form Prepared By name/title Susan Pommering Reynolds~ Survey Analyst organization Minnesota Historical Society street & number 240 Summit Avenue-Hill House date 8 June 1979 contact Dennis Gimmestad telephone 612-296-9545 city or town St. Paul state Minnesota 12. State Historic Preservation Officer Certification The evaluated significance of this property within the state Is: - national _ state .JL local As the designated State Historic Preservation Officer for the National Historic Preservation Act of 1966 (Public Law 89- 665), I hereby nominate this property for inclusion in the National Register and certify that it has been evaluated according to the criteria and pro~edures set forth by the Heritage Conservation and Recreation Service. State Historic Preservation Officer signature Russell W. Fridley title State Historic Preservation Officer date 1 .":"-_;'-'~;."--c..."-" ~""..''''#I'.~''':.'';''''..~-'a.:''1.~..~~:t'.. ~.:t:t-J.j~.:..: -..4.. .....:...~...,...... ...._....;a.~.p,.:."f... ........... For HCRS use only.,_~~;:. :::~r-::'~':g'~'~.::t:r~::t.r:.~~~~~::~;;;<::-;;1"-::; -:::':-.~t:t'~-.,~.:.r..~'7~~..;~:..17?~f:~'~1""."i1:;'~.~. .. . . J hereby certl;Y'that'thb"pr~perty~f; 'In~Uded~ th~. 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'.:..;-'-"~~""~"";~~+, -;c.u' -:;;;::~........... .-""'-"= .. . .........~.....;.te~~.)(,;..;=.-......,-~..:;;.;;....,..,.. . - ,:-:.:.:......:..;.:...... ." ~..":!~!'~r~~.. .. . ....~ ~- .. . . _..- :__ ~:.~. tiioo..~~~"='~~...r":%.....~~~-:.. ...,:;i.::r.*' ._-~-~~"-'~~_._. .~-_.~.--_>;,."S.;".__....- .~... .~'?...., ChlefofReglstratlon::..,. ....-. W ~~...."'. . ~1-.~..or~~6.~.~~:~~~~~~~~~~'t':~:::o-~~;~~_:;-;T..:: _~04"""'" ....- o. !.. ....,_. ""~... ....,'ii..~_~.~~__ __.......~.~ C'o....,..::p..'3Io.o~-.-.~!""._...~~ \ ..... ..l( , hange Bank Building, Farmington, Minnesota; 1978 View: Looking Northwest, 02893/16 , , . ~ , . ::1 ~t= < ""I ! I; I ~ ~~. ~:..l' ... : . \ . 'I . I '" Q: ~ :E '" ~ t6-;q; ~~ . ,1' ~ . . r. .-/.:' 29:: ,. . Ii" "44 "43-".N. Exchange Bank Building Farmington, MN; Dakota County UTM References 15 / 488480 I 4942690 T 114 N ...... a...: . . :E ~ ~~ . IH'C''''O''-Gr:OL~.IC.A'' ....,IIvE". III..TO.... v...r.o.....,.._ '.7. 489-".E. t CASTLE ROCK Ii MI. HORTHFIEI.D 12 MI. ROAD CLASSIFICATION T 113 N 44.37'30" 93.07'30" '1:l ~-v't- ....~....oo ".....<~ \S' ~ '5:, ? Primary highway, hard surface .. Secondary highway, hard surface -=~ Unimp~oved road ====nu. o Interstate Route 0 U. S. Route 0 State Ro.ute Light.duty road, hard or improved surface coco~ ~ LOCATION FARMINGTON, MINN. If WI. FARMIHOTOIf I" OUADRAIfOLE N4437 .5-W9307 .5/7.5 1974 AMS 7373 11 NW -SERIES V872 '.:'_.(511&' "bl1Vu---~ i/; 3....~. r- 1._ .::)" ,,-.--:- - -- - ~-- 11-- -'sU.' - -r-- ,---I . ~i_ _~ -: _.. ,6. I '~I ~A~~I)" l .r ... .. - ..., .1 .1 I: J! ~[ j;- -i! ll9 . jl --.it ~: -~ I. I I I -, Il f ", 'I I, . . 9. T ;. r f.. t t. .. DOCUMENTATION SUPPORTING HERITAGE LANDMARK DESIGNATION OF THE EPISCOPAL CHURCH OF THE ADVENT, 412 OAK STREET By Robert C. Vogel Preservation Planning Consultant July, 2003 INTRODUCTION This report documents the historical and architectural significance of the Episcopal Church of the Advent, located at 412 Oak Street. The report makes the case for the property's eligibility for designation as a Farmington Heritage Landmark pursuant to ~2-11-4 of the Farmington City Code. Farmington Heritage Landmarks are the buildings, sites, and districts so designated by the City Council in recognition of their historical, architectural, archeological, or cultural significance. Properties are nominated by the Heritage Preservation Commission (HPC) following a public hearing. Under state law, the Minnesota Historical Society must also review each nomination. Once a property has been designated a Farmington Heritage Landmark, this report becomes part of the official designation and is used to guide planning for the preservation, protection, and use of the historic property. ADMINISTRATIVE DATA Name: The name of the property being designated is the Episcopal Church of the Advent. Location: 412 Oak Street. HPe determination of eligibility: The HPC evaluated the Church of the Advent and issued its fmding of significance on May 15, 2000. National Register status: The Church of the Advent was placed on the National Register of Historic Places on December 31, 1979. Historic function: Religious facility (church). Current function: Religious facility (church). 1 DESCRIPTION Architectural classification: Gothic Revival style. Date of construction: ca. 1871/1905/1975. Narrative description: The Church of the Advent is a one-story, frame, Gothic Revival style building with two major additions. It has a rectangular plan (18 by 30 feet) and the axis of its gable roof is oriented perpendicular to the street. The exterior walls are fmished with board-and-batten wood siding and the steeply pitched roof, originally covered with wooden shingles, is now [mished with composition shingles. A small entry vestibule and a cross- gabled belfry dominate the facade. Fenestration is symmetrical, with six lancet windows, a small trefoil window under the front gable, and a Gothic-arched entrance with double doors. The interior design of the original sanctuary also exhibits the distinctive stylistic features associated with nineteenth century Gothic Revival churches, as well as fIXtures unique to this property. The vestry was enlarged in 1905 by the addition of a one-story, frame guild hall, and in 1975 a large addition was constructed at the rear of the property. The design and materials of both twentieth century additions compliment the form, detailing, and architectural character of the nineteenth century construction. The property is in a good state of preservation. The ca. 1871 building is structurally sound and past efforts to repair deteriorated architectural features and correct structural problems have been carried out in such a manner so as to preserve its historic form as well as much of the original fabric. An adaptive use study of the property was carried out in 2003 under the auspices of the Farmington HPC. It concluded that the church should be preserved in place, with conversion to a community arts center as the preferred reuse. Residential and commercial uses may also be appropriate once the building no longer meets the needs of the Episcopal Church. EVALUATION Local historic context: The property was evaluated within the local historic context, "Churches and Cemeteries," as delineated in the 1995 historic context study. Areas of significance: Architecture. Period of significance: ca. 1871 (original construction) to 1905 (addition). 2 Narrative statement or significance: Built in ca. 1871 (different sources give varying dates between 1868 and 1871) and consecrated in 1873, the Church of the Advent is a product of the dissemination of the Gothic Revival aesthetic in rural Minnesota and represents one of Farmington's best preserved specimens of nineteenth centwy architecture. Contextually, the church relates to the themes of pattem book architecture - the design appears to have been adapted from a plan published by Richard Upjohn in 1852, which Bishop Henry B. Whipple used as the prototype for small Protestant Episcopal churches built in Minnesota during his tenure (1859-1901) - and the development of religious institutions during the early period in Farmington's history. The church is an established and familiar community landmark in the Oak Street neighborhood, where it compliments and enhances the historic character of adjacent older homes. While the ca. 1871 sanctuary is the primary historic resource, the whole building and its site are considered historically significant. The additions are compatible with the original church building and the 1905 construction has acquired historical significance in its own right. The contemporary design of the 1975 addition appears to have been the result of a conscious decision to preserve the historical integrity and aesthetic qualities of the original church. BIBLIOGRAPHY Boehlke, Catherine Gaines. The Church of the Advent: The First Hundred Years. Privately printed, 1973. Upjohn, Richard. Upjohn's Rural Architecture, Designs, Working Drawings, and Other Specifications for a Wooden Church and Other Rural Structures. New York, 1852. Vogel, Robert C. Farmington Historic Context Document. Unpublished report prepared for the Farmington HPC, 1995. ATTACHMENTS 1. National Register of Historic Places Registration Form for the Episcopal Church of the Advent (1979) 2. Adaptive Use Study of the Church of the Advent (2003). 3 FI1R-3-300 (11-781 bK- FMt - Dd- . . United States Department of the Interior Heritage Conservation and Recreation Service -.. National Register of Historic Places Inventory-Nomination Form See instructions in How to Complete National Register Forms Type all entries-complete applicable sections 1. Name historic Church of the Advent (Episcopal) and/or common 2. Location street & number 412 Oak Street _ not for publication city, town Farmington _ vicinity of congressional district First state Minnesota code 22 county . Dakota code 037. 3. Classification Category _ district l buildlng(s) _ structure _site _ object Ownership ~ public l private _ both Public Acquisition _ in process _ being considered Status L occupied _ unoccupied _ work in progress Accessible L yes: restricted _ yes: unrestricted _no Present Use _ agriculture _ commercial _ educational _ entertainment _ government _ industrial _ military _ museum _ park _ private resldencl -L religious _ scientific _ transportation _ other: 4. Owner of Property " " name Church of the Advent . street & number 412 Oak Street city, town Farmington _ vicinity of state Minnesota 55024 5. Location of Legal Description courthouse, registry of deeds, etc. Dakota County Government Center street & number 1560 West" Highway 55 city, town Hastings state Minnesota 55033 6. Representation in Existing Surveys title Statewide Survey of Historic Resources has this property been determined elegible? _ yes _ n date 1979 - federal -X... state. _ county _ local depository for survey records Minnesota Historical Society - 240 Summit Avenue-Hill House city, town St. Paul state Minnesota 55102 7. .Description Condition ...x.. excellent _ good _fair _ deteriorated _ ruins _ unexposed Check one _ unaltered -1L altered Check one ~ original site _ moved date .. Describe the present and original (if known) physical appearance The Church of the Advent is located on a spacious lot near the center of Farmington. Built according to plans adapted from Richard Upjohn's book Upjohn's Rural Architecture in 1872, it is a rectangular wood frame structure 18 feet wide and 30 feet long with a chancel 10 feet by 12 feet. The exterior has board and batten siding and is painted white. The roof is a steeply-pitched gable with a cross- gable belfry. There is a small vestibule with a Gothic-arched door. Six lancet windows, three on each side of the church, are another Gothic Revival feature. Two of the windows are stained glass memorials-installed when the church was built; the others were originally painted glass and have been.replaced by memorial windows over the years. The lanc~t in the chancel was supplanted bya round window in 1916. In the front gable is a small trefoil window of painted glass. A concrete block foundation has replaced the original stone one. The small vestry adjoining the chancel was enlarged to form a guild hall in 1905; ~ larger addition was built in 1975. These are atta~hed to the sanctuary by a single doorway entering the chancel, and do not detract from the integrity of the church itself. The interior is paneled with dark wood ~ncised with Gothic arches to suggest a blind arcade. The ceiling has exposed,..beams. Pew-ends are surmounted by trefoils as shown in Upjohn's Rural Architecture. Many of the other furnishings are also original. .. 811 Significance Period _ prehistoric _1400-1499 _ 1500-1599 _ 1600-1699 _ 1700-1799 --!.. 1800-1899 _ 1900- Areas of Significance-Check and justify below _ archeology-prehistoric _ archeology-historic _ agriculture --1L architecture _art _ commerce _ communications - community planning _ landscape architecture-X.. religion - conservation _law _ science - economics _ literature _ sculpture .... - education _ military _ sociall - engineering _ music humanitarian - exploration/settlement _ philosophy _ theater - industry _ politics/government _ transportation - invention .. ., ., _. _ other (specify) Specific dates 1872 Builder/Architect John H. Thurston (after Richard Upjohn) Statement of Significance (in one paragraph) The Church of the Advent is significant historically and architecturally as one of a group of small Gothic Revival churches built in Minnesota under the auspices of Bishop Henry Whipple, apparently using a modified version of the plans illustrated in Richard Upjohn's 1852 book, Upjohn's Rural Architecture, Designs, Working Drawings, and other Specifications for a Wooden Church and other Rural Structures. This volume was suggested to the congregation by Bishop Whipple, pioneer Episcopal churchman, who was undoubtedly familiar with the prominent New York architect's Episcopal church designs. MUch of the church's millwork -- pew ends, font, window frames--is patterned directly after Upjohn's drawings. The parish was formed in 1871 and the building completed in 1872 under the supervision of John H. Thurston, a member of the congregation. The following year it was consecrated by Bishop Whipple. Despite minor alterations over the years the sanctuary has retained its origina1.character and architectural integrity, and remains an excellent example of Upjohn's American Gothic style. ~ ,.- 9.. Major Bibliographical References Boehlke, Catherine G. The Church of the Advent: The First Hundred Years. Privately published, 1973. Upjohn, Richard. Upjohn's Rural Architecture...; New York, Putnam, 1852. Reprinted by DaCapoPress, New York, 1975. 10. Geographical Data Acreage of nominated property less than 1 Quadrangle name Farminstton UMT References Quadrangle scale 7 . 5 AL!J2J~ ~ Zone Eastlng Northing C LLJ LL-l..J.....LJ l.L.l..LL.L..W E LL1. lLL.Lw.J LLLLL....W G LLJ lLL.Lw.J LLLl..w.J B W lL.J.J....LJ W--LlwJ Zone Eastlng Northing D LU LlLl.wJ lLLLLw.J F l.LJ L.L..l..w.J LL.L.U...w...J H UJ. L.L..l..w.J LL.L.U...w...J Verbal boundary description and justification Lots 2 and 3, Block 21 Original Town of Farmington List all states and counties for properties overlapping state or county boundaries state code county code tate code county code 11. Form Prepared By name/title Susan Po:o:m.ering Reynolds, Survey Analyst organization Minnesota Historical Society date June 5, 1979 contact Dennis Gimmestad telephone 612-296- 9545 street & number 240 SUJIDDit Avenue-Hill House city or town St. .Paul, state Mi,nnesota 55102 12. State Historic Preservation Offi(;er Certification The evaluated significance of this property within the state is: _ national _ state L local As the designated State Historic Preservation Officer for the National Historic Preservation Act of 1966 (Public Law 89- 665), I hereby nominate this property for Inclusion In the National Register and certify that it has been evaluated according to the criteria and procedures set forth by the Heritage Conservation and Recreation Service. State Historic Preservation Officer signature Russell W. Fridley. title State Historic Preservation Officer kt For .HCRS. Use o.nly;'. - . - ..- 1".~~Jrhe7eb~rt~. . date Church -f the Adve~t (Episcopal). Farmington. Minnesota; 1978. View: Looking Southwest. 02892/21 ~r :2f: c=' <' .., ,- ~ ii: ~ I&J j I. 4943OOOm.N. T 114 N a . 9/4 I W R 19 w . INTERIOA GEOLOGICAL SURvEV, AESTON. VIRGINIA- 197. 489OOOm.E. t CASTLlr ROCK Ii MI. NORTHFllrLD 12 MI. ROAD CLASSIFICATION light-duty road, hard or improved surface.. T 113 N 44"31'30" 93.07'30" ~ ~-v1-- .,..~ <> .,.. 0 ..;,. <,0() oS'~~ ? I Primary highway, hard surface.... .. .... Secondary highway, hard surface .. o Interstate Route Unimproved road ========= o U. S. Route 0 State Route ~ LOCATION FARMINGTON, MINN. NW/4 FARMINGTON IS' QUADRANGLE N4437 .5-W9307 .5/7.5 1974 AMS 7373 II NW-SERIES V872 T~--~tr-r-~-!~- . .~~'_'~'1'. --.-..- .. ..- .,'" . '-9S:~.~~ ) ~. r-I III c.>, 0./..1 C) C CI) ::l ~ 0 o.u rz:I '-'Ill ./..I~ e C~ ...,. 41111 \0 l>t:l N .., (/, <C OA ...,. aJ~~...... ..c:: CJ ./..I ACe to. C 41...,. .... 0 104..... 0./..14100 bO \1.4 00 ..c: C QJ...,. U or-! r:lf:l ~~~, ..c::ltf-flt'\ Urz.~r-I 9 ~ CB D 1 N A . ADAPTIVE USE STUDY: CHURCH OF THE ADVENT 412 OAK STREET, FARMINGTON, MINNESOTA A Report Prepared for The Heritage Preservation Commission City of Farmington By Robert C. Vogel Preservation Planning Consultant July, 2003 Adaptive Use - The process of converting (recycling) an histone building to a new use that is different from its original function. For example, converting a commercial building into housing. Historic Preservation in Farmington: A Handbook The Farmington City Council hereby declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects having special historical interest or value is a public necessity, and is required in the interest of the health, safety, welfare and prosperity of the people. Historic Preservation ordinance, City Code 12-11-1 The primary goal of the city historic preservation program is conservation of significant, scarce, non-renewable historic resources. The achieve this goal, we must accept stewardship of historic properties as a shared responsibility between the public and the private sector. Historic Preservation Element, Farmington 2020 Comprehensive Plan Update The key to . . . preservation successes is imagination. Asking the question, "What could this building become?" may reveal more possibilities than, "What has this building been?" James BidcUe, in the Forewod to Built to Last: A Handbook on RecycUng Old Buildings INTRODUCTION This report was prepared by Robert C. Vogel, Preservation Planning Consultant, for the Heritage Preservation Commission (HPC) of the City of Farmington. It provides information about the preservation and use of the Episcopal Church of the Advent in order to advise the city and the building's owners concerning the range of potential adaptive use and treatment options for the historic property. In addition, the report recommends an adaptive use / redevelopment alternative to the property's current use as a religious facility. Official concern by the City of Farmington for the preservation of historically significant religious properties arose out of the controversy surrounding the demolition of St. Michael's Catholic Church in 2001- 2002. Built in 1911, the St. Michael's Church was determined eligible for designation as a Farmington Heritage Landmark; although the HPC recommended a reuse study, the property was sold and redeveloped for townhouses. A short time after the old brick church was razed, the HPC became aware of plans being made by the Episcopal Church of the Advent to sell the historic church building located at 412 Oak Street. With the cooperation of church leaders, the HPC obtained City Council approval to conduct an adaptive reuse study to ensure that the Church of the Advent's historical significance could be maintained after the property was sold. At the time the study was initiated, the Church of the Advent was planning to purchase and move into the building currently occupied by the Farmington Lutheran Church; and the Dakota Valley Arts Council had made an offer to acquire the Church of the Advent property for use as a community arts center. Subsequently, Farmington Lutheran declined the purchase offer made by the Church of the Advent, which has temporarily suspended its relocation plans. Following a brief introductory section, the report is divided into three parts. The first part describes the historic property and the scope of the reuse study. The Data Collection & Analysis section organizes the preservation issues and adaptive reuse alternatives examined by the study. The report concludes with a summary of the study's principal fmdings and recommendations. 1 BACKGROUND INFORMATION Location The Episcopal Church of the Advent is located at 412 Oak Street in the Oak Street Historic Preservation Planning Area, one of the city's oldest residential neighborhoods. Description The historic church is a one-story, frame, Gothic Revival style building with two major additions. It has a rectangular plan, measuring 18 by 30 feet, and the axis of its gable roof is oriented perpendicular to the street. The exterior walls are [mished with board-and-batten wood siding and the steeply-pitched roof, originally covered with wooden shingles, is now [mished with composition shingles. A small entry , vestibule and a cross-gabled belfry dominate the favade. Fenestration is symmetrical, with six lancet windows, a small trefoil window under the gable, and a Gothic-arched entrance with double doors. The design of the church was adapted from a patternbook plan published by Richard Upjohn in 1852 and adapted by Bishop Henry Whipple as the prototype for small Episcopal churches in Minnesota. The vestry was enlarged by the addition of a frame guild hall in 1905 and in 1975 a large addition was constructed at the rear of the property. The design and materials of both additions compliment the form, detailing, and architectural character of the original church building. The property is in a good state of preservation. Historical Significance Built circa 1871 (different sources give varying dates between 1868 and 1872), the Church of the Advent is a product of the dissemination of the Gothic Revival aesthetic and represents a well-preserved specimen of nineteenth-century religious architecture. Contextually, it relates to the influence of patternbook architecture on Victorian period church design and the standard plan for small-town Episcopal churches developed by Bishop Henry Whipple. The Church of the Advent is an established and familiar community landmark in the historic Oak Street neighborhood, where it compliments and enhances the historic integrity of adjacent period houses. The church was nominated to the National Register on the basis of its architectural distinction and important historical connection to Henry B. Whipple, an important Minnesota churchman. Whipple moved to Minnesota shortly after it became a state and established several important churches and schools while serving as 2 bishop of the Minnesota diocese of the Protestant Episcopal Church between 1859 and 1901. Construction was supervised by John H. Thurston of Farmington and the church was consecrated by Bishop Whipple in 1873. In its local historic context, the Church of the Advent is significant as a rare surviving specimen of nineteenth-century architecture associated with the broad pattern of historical development in the Oak Street neighborhood and a notable example of the Gothic Revival style. Registration Status The Church of the Advent was listed in the National Register of Historic Places on December 31, 1979. The HPC has determined that the property IS eligible for designation as a Farmington Heritage Landmark Current Ownership and Use The Church of the Advent is owned by the Episcopal Diocese of Minnesota and continues to function as a religious facility. Adaptive Use Study Objectives The Church of the Advent Adaptive Use Study was authorized by the Farmington City Council on January 21, 2003. In general, the Minnesota Historic Properties Reuse Team (HPRT) approach provided the conceptual underpinnings for the Church of the Advent study, which had four general objectives: 1) Gather all available information about the historic church; 2) Work with the property owner and city officials to identify preservation, land use, and community issues; 3) Develop adaptive use alternatives and concept plans; and 4) Submit a written report with specific preservation planning recommendations. Study Participants The City Council directed Robert Vogel, the city's historic preservation planner, to carry out the adaptive use study and empanel a team of consultants that would provide technical assistance. The 3 following team members were recruited and participated in the study (their areas of expertise are given in parentheses): . Kevin Carroll, Community Development Director, City of Farmington (city staff, development professional) . Timothy Rice, Horty Elving & Associates, Inc. (architect, Farmington HPC member) . Linda Michie, GLT Architects (architect, Newport HPC chairperson) . Carol Morphew, Ramsey County Property Management (design professional) . Charles Nelson, Minnesota Historical Society (historical architect, historic preservation professional) . Timothy Glines, Minnesota Historical Society (historic preservation professional) The Dakota Valley Arts Council (DVAC) and the Episcopal Church of the Advent were represented by Harbee Theraldson, a Farmington resident and former member of both the Farmington HRA and the HPC. David Schrier, representing the Farmington Area Historical Society, attended the team's initial meeting on March 7, 2003. Several members of the church congregation and the DV AC participated in the team meeting held at the Church of the Advent on April 9. The study work plan and preliminary [mdings were discussed by the HPC at its regularly scheduled public meetings on January 16, March 20, and May 15, 2003. Lisa Shadick, the city's Administrative Affairs Manager and staff liaison to the HPC, also attended the team meeting on April 9. 4 ~ ~ ~ '" f.<..tY ~ ..-t- ' #J ~~<7 . CHURCH OF THE ADVENT 412 001< Street Farmington. Minnesota .""" 'to 'lCAl( {., C*flW9Qll\- ~"'1f) OAK STREET TO NORDi ~ ~~ <t- Q.~~ "6- 5 ~~ ~ ~.;t ~~"4-~ ~<{.. ~ .....~ ~ <.,.,..".,.".~ ~ DATA COLLECTION & ANALYSIS Data Collection Preservation planning data and information about the Church of the Advent were obtained from: · Church of the Advent (Episcopal), National Register of Historic Places registration form prepared by Susan P. Reynolds, June 5, 1979, on me at the Minnesota Historical Society, State Historic Preservation Office · The Church of the Advent: The First Hundred Years, by Catherine Gaines Boehlke (privately printed, 1973) · Farmington 2020 Comprehensive Plan Update (City of Farmington, 2000) · Historic Preservation in Farmington: A Handbook, by Robert C. Vogel for the Heritage Preservation Commission (revised edition, 2000) On March 6, 2003, a walk-through inspection of the church was conducted by Robert Vogel, accompanied by Building Official Ken Lewis, Fire Marshall John Powers, and Community Development Director Kevin Carroll, to identify building and safety code problems. A plan of the existing church building was drawn by Timothy Rice, assisted by Michael J. Ness, a student intem at Horty Elving. The following published sources and websites were consulted during the study: · America's Endangered Historic Urban Houses of Worship, white paper prepared by the Partners for Sacred Places (Philadelphia, 2002) · A Primer for Historic Properties Reuse Teams in Minnesota, Minnesota Historical Society, State Historic Preservation Office (St. Paul, 1994) · Conservation of Urban Religious Properties, National Trust for Historic Preservation Information Series No. 47 (Washington, 1990) 6 . The Economics of Rehabilitation, by Donovan Rypkema, National Trust for Historic Preservation Information series no. 53 (Washington, 1991) . How to Care for Religious Properties, by Michael Lynch, Preservation League of New York State (Albany, 1982) . Making Historic Properties Accessible, by Thomas C. Jester and Sharon C. Park, AIA, Preservation Briefs no. 32, U.S. Department of the Interior, National Park Service (Washington, 1993) . www.sacredplaces.org, web site of the Partners for Sacred Places (a national, non-sectarian, non-profit organization based in Philadelphia that is devoted to helping congregations and communities sustain and actively use older houses of worship) . Secretary of the Interior's Standards for the Treatment of Historic Properties, U.S. Department of the Interior, National Park Service (Washington, 1993) . www.thisweek-online.com (Thisweek newspapers articles concerning the Church of the Advent) The following agencies, organizations, and individuals responded to the team leader's requests for specific information relating to preservation issues and adaptive use concepts: . Faribault Art Center, Faribault . John Gertz, Historic Preservation Specialist, City of Eden Prairie . John Fortney, Farmington, warden of the Episcopal Church of the Advent and member of the Farmington HPC . Lakevi1le Area Arts Center, Lakeville (housed m the rehabilitated All Saints Church) . Minnesota State Arts Board, St. Paul . Perpich Center for Arts Education, St. Paul 7 · Southeastern Minnesota Arts Council, Rochester Team Meetings Once the reuse team was assembled, on-site meetings were held for the purpose of identifying preservation issues and discussing reuse options. An organizational meeting and on-site inspection was held on March 7, 2003. This was followed by a meeting with representatives of the DV AC at the Church of the Advent on April 9. Subsequent discussions with the study team participants were conducted by telephone and e-mail. Preliminary Report Mter consulting with individual team members, in early May, 2003, team leader Robert Vogel issued a preliminary report with the study's principal findings and recommendations. Copies of the preliminary report were distributed to the HPC and city staff for review and comment. With the comments on the preliminary findings in hand, the final report was assembled and printed in the offices of Robert C. Vogel & Associates, Historians, Archeologists, and Preservation Planners. Preferred Reuse Option The adaptive use study identified and considered three potential adaptive use concepts that would be compatible with the historic preservation values of the property: . Community arts center . Commercial . Residential The consensus was that conversion to a community arts center was the preferred adaptive use alternative. Conceptually, this approach seemed to offer the highest potential for utilizing the property to its full capacity, while protecting those features that are significant to its historical and architectural values. All of the important elements of the property are readily adaptable for use as classrooms, offices, studio, and performance space without extensive structural changes. Little or no external alteration would be necessary and only minor internal changes would be required for compliance with health, fire, safety and accessibility codes. This alternative assumed that the Church of the Advent would be acquired by the Dakota Valley Arts Council (DVAC) or 8 some other nonprofit arts organization. The estimated cost of historic rehabilitation work was in the $100,000 to $250,000 range. 9 FINDINGS & RECOMMENDATIONS Findings 1) The Church of the Advent is historically significant in the context of Farmington history and derives its historic preservation value from its architectural distinction as a notable example of the Gothic Revival Style. Built circa 1871, with major additions in 1905 and 1975, the church retains historic integrity of those features necessary to convey its architectural significance and visually contributes to the character of the surrounding residential neighborhood. The property was listed in the National Register of Historic Places in 1979 and has been determined eligible for designation as a Farmington Heritage Landmark. 2) While the circa 1871 sanctuary IS the primary heritage resource, the whole building and its site should be considered as historically significant. Although not part of the original building, the additions containing the fellowship hall, kitchen, office, and community room are compatible with the original church in design, materials, texture, and color. The 1905 addition has acquired historical significance in its own right and the contemporary design of the 1975 addition appears to have been the result of conscious decisions to preserve the historical integrity and aesthetic qualities of the original church. 3) The distinguishing original design features of the historic church are its simple rectangular plan, steeply-pitched gable roof, board and batten siding, cross-gabled belfry, and lancet windows. The interior design of the circa 1871 sanctuary also exhibits distinctive stylistic features that characterize nineteenth-century churches as well as ftxtures unique to this property. 4) The circa 1871 church building is structurally sound and in a good state of preservation. In general, past efforts to repair deteriorated architectural features and correct structural problems have been carried out in such a manner so as to preserve the historic form and fabric of the building. The original wood siding, trim, windows, and doors of the nineteenth-century church have been preserved intact. 10 5) The major design problem with the church is the lack of adequate insulation in the circa 1871 building. Installation of a modem fiberglass insulation system would be an effective and historically sensitive solution to this problem. 6) Though not designed to be accessible for people with disabilities, with minor modifications most of the historic property could be brought into compliance with the Americans with Disabilities Act (ADA) and other accessibility . laws 7) The DV AC appears to have developed a vision and plan for adaptive use of the Church of the Advent that is economically feasible and consistent with the city's historic preservation policies. Their proposal responds to a well- defmed need for space to accommodate cultural activities and would strengthen the connection between the historic property and the community at large. Other communities, including Lakeville, have successfully adapted religious buildings for use as arts or cultural centers. 8) The commercial potential of a privately-owned and rehabilitated Church of the Advent is difficult to determine. (No pro forma or fmancial analysis has been completed.) Converting the historic church to commercial use would require some internal changes, primarily for building and frre safety code compliance, and adapting the original sanctuary for active business use may pose a significant design challenge. However, the new sanctuary, fellowship hall, and office areas seem to be readily adaptable to work space in an historically sensitive manner. Examples of potential commercial uses include law office, artist's studio, architect or engineer's office, and facility for public service organization. Its location close to downtown, availability of off-street parking, and the possibility of Federal investment tax credits for qualified rehabilitation work could attract private sector investment in the historic church as an income-producing property. This option poses an undetermined level of economic risk and the change in use would require a conditional use permit. 9) Converting the historic church to residential use as a single- or multi-family dwelling would require substantial internal changes that could be carried out in a manner consistent with historic preservation standards. The historic preservation merits of this adaptive use are obvious: the 11 property is located in a residential neighborhood and its scale and proportions are compatible with surrounding single-family dwellings. Small churches have proven adaptable to residential use in other communities and the Secretary of the Interior's standards for rehabilitation provide sufficient flexibility for a preserved Church of the Advent to accommodate modern housing requirements without any significant loss of historic integrity. From the perspective of zoning, the major impediment would be the lack of a garage, though there is ample off-street parking at the rear of the property. 10) If the current use of the Church of the Advent as a religious facility continues, some kind of shared use may be appropriate. For example, the church could rent the old sanctuary (seating capacity is approximately 70) for use as a wedding chapel or performing arts space with only minor alterations to provide handicap accessibility. The circa 1871 building is currently underused outside of summer weekend worship services. Use of the fellowship hall and community room for receptions would require upgrading the restroom and kitchen facilities as well as minor alterations for health and safety code compliance. The revenue generated could fmance needed repairs and rehabilitation work. 11) Moving any part of the Church of the Advent building to the Dakota County Fairgrounds or another location would not be appropriate under any foreseeable circumstances. Moving the building from this location would destroy the relationship between the church and its historical association with .the development of Farmington's oldest neighborhood - this loss of historic integrity would probably disqualify it for listing in the National Register and would severely compromise its landmark value. Recommendations 1) If the Church of the Advent is sold, the preferred alternative use is conversion to a community arts center owned and operated by a non-profit organization such as the DVAC. 2) Regardless of ownership or use, the recommended treatment is preservation in place, with rehabilitation through repairs and minor alterations that will make possible an efficient contemporary use of the building while preserving its historically significant features. All future work should 12 comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties. 3) The City Council should designate the Church of the Advent as a Farmington Heritage Landmark as soon as possible. 13 DOCUMENTATION SUPPORTING HERITAGE LANDMARK DESIGNATION OF THE DANIEL F. AKIN HOUSE, 19185 AKIN ROAD By Robert C. Vogel Preservation Planning Consultant July, 2003 INTRODUCTION This report documents the historical and architectural significance of the Daniel F. Akin House, located at 19185 Akin Road. The report makes the case for the property's eligibility for designation as a Farmington Heritage Landmark pursuant to ~2-11-4 of the Farmington City Code. Farmington Heritage Landmarks are the buildings, sites, and districts so designated by the City Council in recognition of their historical, architectural, archeological, or cultural significance. Properties are nominated by the Heritage Preservation Commission (HPC) following a public hearing. Under state law, the Minnesota Historical Society must also review each nomination. Once a property has been designated a Farmington Heritage Landmark, this report becomes part of the official designation and is ,us~d to guide planning for the preservation, protection, and use of the historic property. ADMINISTRATIVE DATA Name: The name of the property being designated is the Daniel F. Akin House (also referred to as the D. F. Akin House). Location: 19185 Akin Road. HPC determination of eligibility: The HPC evaluated the Akin House and issued its finding of significance on May 15, 2000. National Register status: The Akin House was placed on the National Register of Historic Places on December 31, 1979. Historic function: Farm residence. Current function: Residence; bed-and-breakfast. DESCRIPTION I Architectural classification: Italian Villa style Date of construction: ca. 1856-1860 Narrative description: The historic Daniel F. Akin House is a two-story stone farmhouse with a gently sloped hip roof, a wide front porch, and a roof-top cupola. The design appears to have been adapted from Andrew Jackson Downing's Architecture of Country Homes (1850). The ca. 1860 house is characterized by its rectangular volume and distinctive Italian Villa style cornice treatment: the eaves of the roof project outward from the plane of the exterior walls, with scrolled wooden brackets attached to the cornice. The pattern of fenestration is symmetrical, arranged in four bays, with double-hung sash in tall, narrow windows with heavy wood moldings. The porch is open and elevated slightly above grade, without railings, and its hipped roof is supported by four wooden posts. Recently, the house was enlarged with the addition of a one and one-half story ell on the rear elevation - the addition cannot be seen from the front of the property and does not detract from the historic character of the stone house. The historic property occupies about three acres and is surrounded on all sides by suburban residential development. The broad front lawn features several mature shade trees, a flag pole, and a replica of a nineteenth century cannon. The Akin House is in an excellent state of preservation. A detailed description of the house is included in the 1979 National Register nomination document (attached). EVALUATION Local historic context: The property was evaluated within the local historic context, "Agriculture and Rural Lifeways," as delineated in the 1995 historic context study. Areas of significance: Architecture; agriculture/horticulture; science (meteorology) . Period of significance: ca. 1860 (date of construction) to 1909 (death of Daniel F. Akin). Narrative statement of significance: The Daniel F. Akin House is historically significant for its association with early settlement and agricultural development in the Farmington 2 area. Built ca. 1860 as a farmhouse, it is a notable, well preserved specimen of the mid-nineteenth century Italian Villa style and shows the influence of pattern book designs on domestic architecture. The property also derives historical significance from its association with Daniel F. Akin, an early settler who was a pioneer horticulturist and weather observer. The house exhibits many characteristics historically associated with the Italian Villa (also called Italianate) style. Moreover, it shows the influence of nineteenth century pattern book designs, particularly the concepts espoused by Andrew Jackson Downing and his adherents. Like many early settlers, Akin came to Farmington from the Northeastern United States and brought with him many of the traditional attitudes of what a country house should look like. The house certainly reflects the era in which it was built as well as the cultural background and economic status of the builder. Built from locally produced, handcrafted materials, it combines the traditional vernacular house form with fashionable detailing inspired by pattern book designs. It is not known who built the house (Akin may have served as his own contractor/builder), but the quality of the stonework and carpentry indicates that one or more skilled artisans were involved in the construction. Daniel F. Akin (1828-1909) was a native of New York who immigrated to Minnesota in 1856 and settled at this location sometime before 1860. A graduate of Yale University, Akin was employed as a land surveyor but soon turned to agriculture for his livelihood. In Minnesota during the nineteenth century, changes were enacted which brought about revolutionary changes in farming, and Akin was at the forefront of that revolution. He had an abiding interest in scientific farming and served as president of the county agricultural society during the 1870's. Akin was especially prominent among Minnesota's early horticulturists and was one of the frrst apple growers in Dakota County. His work in agricultural science extended into the fieids of meteorology and climatology, where he was a long-serving member of the corps of volunteer weather observers who provided data to the United States Weather Bureau. BIBLIOGRAPHY Curtiss-Wedge, FranklYn, editor. History of Dakota County, Mmnesota. Chicago: H. C. Cooper, Jr. & Co., 1910. Dako'ta County Tribune, December 25, 1975. [Article regarding weather observations. ] 3 Vogel, Robert C. Fannington Historic Context Document. Unpublished report prepared for the Farmington HPC, 1995. ATTACHMENTS 1. National Register of Historic Places Registration Form for the D. F. Akin House (1979). 2. View of the Akin House, showing current conditions. 4 &j' . A .FH~300 '11-71) United States Department of the Interior . ~ritage Conservation and Recreation Service. .jational Register of Historic Places Inventory~Nomination Form See instructions in How to Complete National Register Forms Type all entries-complete applicable sections ....-~ --.--..... or HCR~ use only , ~~~th~\~~~::; - 1. Name historic Akin, D.F., House and/or common 2. Location street & number 19185 Akin. Road _ not for publication city, town Farmington _ vicinity of congressional district First state Minnesota code 22 county Dakota code 037 3. Classification Category _ district ~ building(s) _ structure _site _ object Ownership _ public l private _ both Public Acquisition _ in process _ being considered Status .JL occupied ,-- unoccupied _ work in progress Accessible _ yes: restricted _ yes: unrestricted . .-!..- no Present Use _ agriculture _ commercial _ educational _ entertainment _ government _ industrial _ military _ museum _ park --L private residence _ religious _ scientific _ transportation _ other: 4. Owner of Property name Jerome Akin street & number 19185 Akin Road city, town Farmington , _ vicinity of state Minnesota 5. Location of Legal Description courthouse, registry of deeds, etc. Dakota County " Government Center street & number 1560 West Highway 55 city, town Hastings state Minnesota 55033 6. Representation in Existing Surveys Statewide Survey of Historic title Resources has this property been determined elegible? _ yes - no date 1979 .- _ federal -L state _ county _ local depository for survey records Minnesota Historical Society -- 240 Summit Avenue - J.J. Hill House _I.... I_.u", ,..... -0.......1 state Minnesota 55102 .7. Description Condition _ excellent -X- good _fair _ deteriorated _ ruins _ unexposed Check one _ unaltered ..L altered Check one 1L- original site _ moved date Describe the present and original (if known) physical appearance The Akin House stands in a formerly rural area that is now experiencing suburban development. The house was built with limestone quarried on the surrounding farm land. The walls are of coursed ashlar. The main portion of the house is a 2-story cube with a low-pitched hip roof. The rear extension is a l%-story rectangle with a gable roof. There are two interior chimneys. The main portion of -the building is a very simplified version of the Italianate style. Features showing Italianate influence are the cube shape and low-pitched roof and tall, narrow windows extending almost from floor to ceiling on the first floor. A wooden cupola was removed when the house was re-roofed in the early 20th century. The interior has been remodeled. ," . 8. Significance .., -, Period _ prehistoric _1400-1499 _ 1500-1599 _1600-1699 _ 1700-1799 -X.. 1800-1899 _ 1900- Areas of Significance-Check and justify below _ archeology-prehistoric _ archeology-historic _ agriculture ..l architecture _art _ commerce _ communications _ community planning _ landscape architecture- religion _ conservation _ law - science _ economics _ literature - sculpture _ education _ military - socia II _ engineering _ music humanitarian -X.... exploration/settlement _ philosophy - theater _ industry ',:,:,,-=politics/government - transportation _ invention fj () ~ r: .:rJ"! J - other (specify) .. Specific dates c. 1856-60 Builder/Architect Daniel F. Akin p ; ,- . -' . " ~ t !' J Statement of Significance (in one paragraph) The D.F. Akin House is significant as an important site of meterological observation~ as well as for its distinctive stone construction and for its association with pioneer farmer and civil engineer Daniel,Akin. The house is one of the few stone farmhouses in the county~ and is built of limestone quarried on the farm in a simplified version of the Ita1inate sty1~. Daniel "Akin (1828-1909) was born in New York State and educated at Yale University. He was one of a group of East Coast settlers who arrived in Minnesota in 1856. Akin surveyed land for the village of Farmington and was active in agricultural improvement, serving as presid~nt of the Dakota County Fair Association (1872-76) and as its secretary for several years.' The Akin family, which still owns the 'house~ has ,been active in local government and civic affairs for four generations. During the 1880's, Daniel Akin became official weather recorder for the area, a tradition continued to the present. According to a statement by Bruce F. Watson~ a consulting meterologist who has done extensive"'research on the Minnesota c1imate~ the Akin site is nationally important as a site of continuous meterological observations since 1885. Coupled with earlier observations taken at Ft. Snelling~ located several miles north with the .same microclimate the Twin Cities area now has 160 years of continuous daily weather records free from heat island effects; this consistent record is thought to be unique. Watson is continuing research efforts at the site. ,9. "'Major Bibliographical References Jerome Akin, Tape #0008 & 9F, Dakota County Living History Project, 1974 Interview, Jerome Akin, April 1979. Dakota County Tribune, September 13, 1935 ... 10. Geographical Data Acreage of nominated property 1es s than 1 Quadrangle name Farmington UMT References Quadrangle scale 7.5 A~~ Zone Easting ~ Northing BW Zone LlLLu.J lLUL....U Easting Northing LlLLuJ Lt...LL.Lu.J LL--L..u.J lLLLL.....LJ LL--L..u.J ~ C LLJ LLLu..J LLLLLLLl E LLJ LLLL-.W LLLL.LuJ G LU LLLL-.W L.L.L.L..w.J oUJ F u..J HUJ Verbal boundary description and justification Sec. 24, T114N, R20W - 3AC. Part of NW\ Com. NW corner S. on W. Line 825.7 ft. E 'at Right angles 1170.6 ft. to beginning N 86D 5SM E287.75 ft. S 4 D 30 M 57 S E 454.15 ft. S 86 D 55 M W 287.75 ft. N 4D 30 M 57 S W 454.15 ft. to beginning. List all states and counties for properties overlapping state or county boundaries state code county code state code county code 11. Form Prepared By name/title Susan :Pommering Reynolds, Survey Analyst organization Minnesota Historical Society street & number 240 Summit Avenue-J.J. Hill House date June 6, 1979 contact Dennis Gimmestad telephone 612-296- 9545 city or town St. :Paul state Minnesota 12. State Historic Preservation Officer Certification The evaluated significance of this property within the state is: _ national .L state _ local As the designated State Historic Preservation Officer for the' National Historic Preservation Act of 1966 (Public Law 89- 665), I hereby nominate this property for inclusion in the National Register and certify that it has been evaluated according to the criteria and procedures set forth by the Heritage Conservation and Recreation Service. State Historic Preservation Officer signature Russell W. 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'0 /00.- CITY OF FARMINGTON SUMMARY OF REVENUES AS OF AUGUST 31, 2003 66.72 % Year Complete PEROSNT:::}}2002{}}::PEROSNlr ),/:2003.:::r::::YTD:: ::::::::,':':::'::::2002:::::::::: Total General Fund $ % $ % 3,188,070 1 ,538,724 48.27 1,188,515 45.71 1,033,700 79,816 965,669 93.42 810,052 69.60 82,500 6,870 43,260 52.44 35,751 43.33 414,975 13,269 224,126 54.01 397,456 48.64 329,779 18,298 126,942 38.49 131,081 40.81 330,500 23,620 200,391 60.63 175,927 53.23 225,000 18,470 148,944 66.20 200,958 58.33 5,604,524 160,343 3,248,056 57.95 2,939,740 51.94 GENERAL FUND Property Taxes Licenses/Permits Fines Intergovernment Revenue Charges for Service Miscellaneous Transfers SPECIAL REVENUE HRA Operating Fund 27,000 836 8,350 30.93 ' 9,240 38.12 Police Forfeitures Fund 8,050 711 7,889 98.00 3,755 46.65 Park Improvement Fund 152,500 2,084 44,246 29.01 63,882 16.34 Recreation Operating Fund 186,700 11,385 81,317 43.55 101,815 48.70 ENTERPRISE FUNDS Ice Arena 243,300 11,028 107,351 44.12 113,853 52.35 Liquor Operations 2,410,500 277,912 1,783,675 74.00 1,341,751 55.91 Sewer 1,298,000 5,151 818,603 63.07 795,140 51.45 Solid Waste 1,358,500 101,759 726,265 53.46 628,530 49.95 Storm Water 270,000 18,366 172,119 63.75 436,022 71.21 Water 1,790,000 134,761 891,667 49.81 872,474 49.57 Total Revenues 13,349,074 724,336 7,889,538 59.10 7,306,202 51.87 CITY OF FARMINGTON SUMMARY OF EXPENDITURES AS OF AUGUST 31, 2003 ~o.SNt ..... :200..2.': ... ..~aRcEflt ..... ..... . ..... ..... ...... .. . ......................... .................. :::2002:: ...................... .................. )/.::.:t6b~) vttf ...... .... .. ..... .... ::;:;:::;:;.::; ;::':::::::: ...... ...................... .................. ... ......................... GENERAL FUND $ % $ % Legislative 61,120 4,084 52,427 85,78 34,692 49.01 Administration 418,660 26,187 355,280 84,86 197,828 55.86 Human Resources 191,820 14,565 92,032 47,98 62,235 47,97 MIS 92,330 2,355 52,971 57,37 30,005 52,85 Elections 10,870 0,00 2,746 12.12 Communications 76,350 2,268 29,989 39,28 32,419 48.92 Finance 372,730 31,159 250,685 67.26 231,076 60.91 Planning/Zoning 155,360 11,475 94,013 60.51 89,588 64,09 Building Inspection 316,330 35,311 229,842 72.66 143,838 53.02 Community Development 87,350 12,540 112,076 128,31 45,004 52.04 Police Administration 456,300 38,228 347,841 76.23 209,273 53.65 Patrol Services 1,120,280 93,216 769,843 68.72 550,317 57.27 Investigation Services 171,980 14,535 110,538 64.27 52,027 34,52 School Liason Officer 80,830 4,381 49,740 61.54 44,449 66.28 Emergency Management 1 ,400 17 663 47,36 85 6.07 Fire 371,000 16,357 179,866 48.48 135,871 40,69 Rescue 47,690 285 22,591 47,37 14,731 39.23 Engineering 259,430 26,588 193,686 74.66 151,763 62,00 G.I.S. 12,820 26 3,077 24.00 619 5.94 Streets 419,200 71,825 329,311 78.56 216,083 58.75 Snow Removal 105,640 364 49,012 46.40 37,528 44.15 Signal Maint 95,600 7,567 54,236 56,73 45,087 52.67 Fleet Maint 0,00 71,484 60.56 Park Maint 244,162 38,593 258,503 105,87 172,351 83.67 Forestry 110,000 1,522 13,666 12.42 17,369 16,88 Building Maint 105,300 10,220 78,258 74,32 56,784 53.82 Recreation Programs 256,850 28,854 258,997 100.84 147,868 51.77 Outdoor Ice 27,640 3,802 13,76 6,602 25.51 Transfers Out 100,000 0,00 0.00 Total General Fund 5,769 042 492,522 3 992 945 69,21 2,799722 52.96 SPECIAL REVENUE HRA Operating 88,840 4,755 56,733 63.86 29,868 57.27 Police Forfeitures Fund 8,050 564 4,575 56.83 7,238 89.91 Park Improvement Fund 134,500 5,460 52,334 38.91 58,818 50.36 Senior Center 108,020 12,571 83,746 77.53 82,851 76.31 Swimming Pool 124,560 32,865 114,856 92.21 58,527 48,65 ENTERPRISE FUNDS Ice Arena 273,900 21,087 160,911 58.75 133,493 56,15 Liquor Operations 2,247,750 255,812 1,663,698 74,02 1,339,072 60.82 Sewer 1,263,767 68,282 775,557 61.37 621,047 52.59 Solid Waste 1,363,631 107,540 892,733 65.47 664,849 54,70 Storm Water 242,939 19,669 104,490 43.01 104,469 44.01 Water Utility 1,104,503 77,881 738,450 66,86 416419 27.60 Total Ex enditures 12,729,502 1,099,008 8,641,028 67,88 6,316,373 51.46 /06 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers, Interim City Adnrinistra~ Randy Distad, Parks and Recreation Director FROM: SUBJECT: Adopt Snow Removal Policy for Downtown Sidewalks, Trails and Outdoor Rinks DATE: October 6, 2003 INTRODUCTION The City's Parks Maintenance staff currently removes snow from downtown sidewalks, trails and outdoor ice skating rinks but lacks a policy on what the priorities are for the removal of snow from these locations. DISCUSSION Staff approached the Park and Recreation Advisory Commission (Commission) about the need to prepare a policy on a snow removal priority list. Staff felt that a policy was important because it would provide direction on what locations should have snow removed on a prioritized basis. A subcommittee was established consisting of the Parks Maintenance Supervisor and two Commission members. Several meetings were held and an analysis was completed about what the current snoW removal practices were and what the previous snow removal priorities were. This information was presented at the September 2003 PRAC meeting. The subcommittee recommended to the PRAC members that the following prioritized format be followed for snow removal: First Priority: Second Priority: Third Priority: . Fourth Priority: Downtown area including sidewalks and Arena parking lot Trails that lead to schools Outdoor rinks (Monday-Friday) Remaining City park trails Attached is a map with a color chart that identifies the prioritized areas. Some of the potential impacts of this snow removal policy are as follows: . Only the west side of Pilot Knob Road is plowed to the Lakeville border so that a trail is opened for walking all the way to North Trails Elementary School. The east side is left unplowed for snowmobiles to use. The trail on the east side of Pilot Knob Road does not extend all the way to the Lakeville border and thus provides no connection to North Trails Elementary School. In addition, there are a number of gas stations and commercial areas that snowmobile users may want to access for food and/or fuel. . County Highway 50 will only be plowed as far as Pilot Knob Road. The trail once it gets beyond Pilot Knob Road, becomes full of snow drifts and becomes difficult to keep open. It generally takes more staff time and bigger equipment to keep it open due to it being located more in the open rural area rather than trails found in the enclosed urban areas of Farmington. . If it snows on weekends the outdoor rinks would not be plowed due to staff needing the time to remove snow from downtown sidewalks, parking lots and trails that lead to school. Keep in mind that when snow removal occurs on weekends, it generally results in overtime being paid. On weekends at the outdoor rinks, shovels would be available for skaters to use to remove snow if they wanted to skate. . By having the trails identified by priority, there still would be enough plowed trails for people to walk on. It may however require some people to drive and park near trails that will be prioritized for snow removal. The trails that are prioritized for snow removal would still allow a person to walk from the north side of the community to the downtown area. . Remaining City park trails would be plowed only after the higher priority areas are cleared first and so some park trails will not be usable until City staff members have the time to clear them. After some discussion the snow removal plan was approved by the Commission and the Commission is recommending to the City Council that it be adopted. BUDGET IMPACT Due to some City park trails no longer being at the highest priority for snow removal, there is potential for some cost savings on overtime for staff and less wear-and-tear on the snow removal equipment. ACTION REQUESTED Adopt by motion the Snow Removal Policy for downtown sidewalks, trails and outdoor rinks. ~IIYSU1Z1{J ROndy Dis1!:J Parks and Recreation Director ~l CS'~ ~ r"i "" Of ,........c;rc" ~ .... ~ """ SUt(f Ion' u.." ....... to. .,.,. II...n ...u" ::2::l 6 i ! b u ~ ~ >; . i: ;! ~ .: elf'tf" "U"'I..c.l[)ol . II cvrc.... 'g....WSH'" lto'" SU(tl .'[ll ! N I H-\...I..,."........,. !1~ ! ~ : e L. u 11 E :;00 I I I I I o 1000 2000 JOOO SCALE CITY OF FARMINGTON MAP OF SNOW REMOVAL PRIORITIES . FIRST PRIORITY . SECOND PRIORITY , THIRD PRIORITY e FOURTH PRIORITY () "' IO~ 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: Daniel M. Siebenaler, /"'\~ Interim City Adrrrinis;'t!:' . SUBJECT: Mutual Aid Assistance Group Joint Powers Agreement DATE: October 6,2003 INTRODUCTION Two of the four existing law enforcement tactical teams in Dakota County are in the process of merging. The Dakota County Sheriffs SWAT Team and the Dakota County MAAG Team will merge operations in an effort to provide a broader base of response to Tactical Emergencies in a large portion of the County. DISCUSSION The City of Farmington has participated in a mutual aid tactical team since 1976. The original team was made up of members from all of the police departments in Dakota County. Since that time the need for such teams has grown and three agencies have formed independent tactical teams. One of those teams was the Dakota County Sheriffs Office. In the interest of providing a more efficient response to an ever-increasing demand for tactical response the Dakota County MAAG Team and the Sheriffs SWAT Team will merge operations. The result will be a larger force of tactical officers participating on the same team and participating in the same training. The benefit of the merger will be the ability to limit the need for the full team to respond to all of the requests. In many instances it is unnecessary for a full team to respond to a tactical call. In those instances, such as hazardous warrant service, each of the two squads, currently in existence, will assume response duties in specific geographic areas of the County. However, if the need arises for a larger response, such as a barricaded suspect or hostage situation, the full team, comprised of both squads will have the ability to respond, prepared and trained in an identical fashion. The proposed Joint Powers Agreement (JP A) does two things. First, it updates the existing JP A to comply with changes in State Law and Court Rulings. Second it merges the operations of the two tactical teams and provides for an organizational structure. Changes can been seen in the Strike and Underline portions of the document. The format follows other recently approved JP A documents. BUDGET IMPACT There is no change in the funding mechanism associated with approval of this Joint Powers Agreement. ACTION REQUESTED Approve the Mutual Aid Assistance Group 2003 Joint Powers Agreement as presented. Respectfully submitted, (' Daniel M. Siebenaler Interim City Administrator DRAFT 9-22-03 DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP 2003 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for critical incident response in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. ~ 471.59. NOW, THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Mutual Aid Assistance Group (MAAG). 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to develop and provide the capacity to respond joint response to critical incidents or high risk entries where there is a risk of criminal violence, occurring within the parties' jurisdictions. 3. Parties. The parties to this Agreement shall consist of the following units of government that have signed this agreement: City of Apple Valley City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of North field City of Rosemount City of South St. Paul City of West St. Paul County of Dakota 4. Governance. 4.1. Governine Board. The governing board of the MAAG shall be constituted as follows consist of the following: one member and one alternate member appointed by the police chief of each member party that is a city; and one member and one alternate member appointed by the Dakota County Sheriff. Appointees shall be full-time supervisory peace officers of the appointing party. Resolutions or other documentation of the appointments shall be filed with the Dakota County Sheriff. K/K03-163 I JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP Members of the governing board shall not be deemed to be employees of the governing OOaffi-and shall not be compensated by the governing board. 4.2. Terms. Appointees shall serve at the pleasure of the appointing party and may be removed only by the appointing party. 4.3. Officers. In January of each year the governing board shall elect from its members a chair, vice chair and secretary/treasurer. The chair shall preside at all meetings of the governing board and shall perform other duties as determined by the governing board, including the authority to sign contracts authorized by the governing board. The vice chair shall preside during the absence of the chair. The secretary/treasurer shall assist the chair in overseeing the governing board's budget and finances. 4.4. Meetin2s. The governing board shall have regular quarterly meetings. Special meetings may be held on reasonable notice by the chair or vice chair. The presence of a simple majority of the members shall constitute a quorum. 4.5. Votin2. Each party to this agreement shall have one vote at any meeting of the governing board. Proxy votes are not permitted. The governing board shall function by a majority vote of board members or alternate members present, provided that a quorum is present. 5. Duties of the Governin2 Board. 5.1. The governing board will formulate a program to carry out its purpose. 5.2. The governing board will coordinate information between the parties and the MAAG. 5.3. The governing board shall appoint and supervise the Team Commander of the MAAG. The governing board may appoint and supervise Assistant Team Commanders of the MAAG. Appointments require the concurrence of the chief law enforcement officer of the Team Commander's or Assistant Team Commander's employer. Appointment as Team Commander or Assistant Team Commander pursuant to this agreement shall not obligate any party to pay to its employees so appointed either supervisory or other premIUm pay. 6. Powers of the Governin2 Board. 6.1. The governing board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law, except that the governing board shall not enter into any contract the term of which exceeds one year the duration of this agreement. No payment on any invoice shall be authorized unless approved by at least two of the three officers elected pursuant to paragraph 4.3. The chair shall report to the governing board any such payments at its next meeting. K/K03-163 2 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP 6.2. The governing board may contract with any party to provide budgeting and accounting services necessary or convenient for the governing board. Such services shall include but not be limited to: management of all funds, payment for contracted services and other purchases, and relevant bookkeeping and record keeping. 6.3. The governing board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the party under contract to provide budgeting and accounting services. 6.4. The governing board may apply for and accept gifts, grants or loans of money or other property (excluding real property) or assistance from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5. The governing board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minn. Stat. Ch. 466 and may obtain ef other insurance it deems necessary to insure the governing board and its members for actions arising out ofthis Agreement. 6.6. All powers granted herein shall be exercised by the governing board in a fiscally responsible manner and in accordance with the requirements of law. The purchasing and contracting requirements of Dakota County shall apply to the governing board. 6.7. The governing board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 7. Bud2et and Finance. 7.1. Bud2et. By March 31 of each year the governing board shall prepare and adopt a budget for the following calendar year and may amend the same from time to time. 7.2. Expenses. The parties intend to fund the MAAG through annual Effiescontribution paid by each party. The governing board shall establish the daescontribution by March 31 of the year prior to the year when the dues arecontribution is payable. The parties agree to pay the daescontribution as determined by the governing board on or before January 31 of the year following the determination, provided that the city councilor county board has included funds for this purpose in its adopted budget. 7.3. Accountabilitv. All funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded to the parties quarterly and on an annual basis. 8. Team Leaders. K/K03-163 3 JP A FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP 8.1. The Team Commander and Assistant Team Commanders shall appoint licensed peace officers to serve as MAAG team leaders, subject to approval of the governing board. Appointment as team leader pursuant to this agreement shall not obligate any party to pay to its employees so appointed either supervisory or other premium pay. 8.2. Team leaders assigned to the MAAG at all times will remain employees of the leaders' own jurisdictions and will not be employees of the governing board. 8.3. Team leaders shall be the liaison between the team members and the Team Commander or Assistant Team Commander when a MAAG team has been deployed pursuant to this agreement. 9. Team members. 9.1. The chief law enforcement officer of each party shall assign licensed peace officers to serve as MAAG team members, subject to approval of the Team Commander. Appointment as a team member pursuant to this agreement shall not obligate any party to pay its employees so appointed any premium pay. 9.2. Except as provided in paragraph 10.2.6.. +!eam members assigned to the MAAG at all times will remain employees of the members' own jurisdictions and will not be employees of the governing board. 10. Operations. 10.1. Trainin2. The Team Commander shall be responsible for arranging monthly and annual training events for team leaders and team members, consistent with direction from the governing board. The Team Commander shall also be responsible for maintaining records of the training received by team leaders and members as well as records of all other activities undertaken by the Team Commander, Assistant Team Commanders, team leaders and team members pursuant to this agreement. 10.2. Deplovment. 10.2.1. ReQuests for Assistance. Whenever a party, in its sole discretion, determines that conditions within its jurisdiction cannot be adequately addressed by that jurisdiction's personnel and resources because of a critical incident or need for high risk entry, the party may request. in accordance with policies and procedures of the governing board. that the MAAG deploy a MAAG team to assist the party's iurisdiction. Upon a request for assistance, a MAAG team may be dispatched to the requesting party, in accordance with policies and procedures of the governing board. Failure to provide assistance in response to a request made pursuant to this agreement will not result in any MAAG liability. The Team Commander or Assistant Team Commander shall notify the chair or vice chair anytime that assistance is provided pursuant to this agreement. The Team Commander or an Assistant Team Commander may at any time and theffin K/K03-163 4 JP A FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP K/K03-163 hislher sole judgment recall the team. The decision to recall a team provided pursuant to this agreement will not result in MA,,^..G liability to the MAAG, any party, or to the Team Commander or Assistant Team Commander who recalled the team. 10.2.2. Direction and Control. Personnel and equipment provided pursuant to this agreement shall remain under the direction and control of the party providing the same and also to the tactical control of the licensed peace officer in command of the scene of the jurisdiction to which assistance is being provided. 10.2.3. Compensation. When the MAAG provides services to a requesting party, the personnel of the MAAG shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their employer. No charges will be levied by the MAAG or by the parties for specialized response operations provided to a requesting party pursuant to this agreement unless that assistance continues for a period exceeding 48 continuous hours. If assistance provided pursuant to this agreement continues for more than 48 continuous hours, and the assistance is not provided in connection with a criminal investigation, the MfJ..G shall submit to the requesting party an any party whose officers provided assistance for MAAG shall submit itemized bill~ for the actual cost Qfef any assistance provided, including salaries, overtime, materials and supplies, to the MAAG and the MAAG shall submit the invoices to the requesting party. The requesting party shall reimburse the MAAG for that amount, and the MAAG shall forward the reimbursement to the responding party. If the MAAG provides services to an entity which is not a party to this agreement and which does not have its own critical incident response team, the responding parties shall submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies, to the MAAG, and the MAAG mayshall bill such entity for the actual cost of such assistance, including salaries, overtimo, materials and supplies. 10.2.4. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or death of its own employees in connection with services provided pursuant to this agreement. Each party shall maintain workers' compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the MAAG. Each party to this agreement waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 10.2.5. Damat!e to Eauipment. Each party shall be responsible for damage to or loss of its own equipment occurring during deployment of the MAAG. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 5 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP 10.2.6. Liabilitv. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), persons assigned to MAAG are deemed to be employees of the party that requested assistance from the MAAG. The requesting party that has requested assistance shall agrees to defend, indemnify and hold harmless the-all other parties members against any claims brought or actions filed against the other parties or any of their officers. employees or volunteers for injury to, death of, or damage to the property of any third person or persons, arising from the deployment of the MAAG. Under no circumstances, however, shall a member be required to pay on behalf of itself and other parties to this agreement any amounts in excess of the limits of liability established in Minn. Stat. Ch. 466 applicable to anyone party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any one party. 11. Term. The term of this agreement shall be effective only among the parties who have signed this agreement commence upon approval and signature of a majority of the parties listed in paragraph 3. Dakota County shall notify the members in writing of the effective date of this agreement. 12. Withdrawal and Termination. 12.1 Withdrawal. Any party may withdraw from this agreement upon ~~ months' written notice to the other parties. Withdrawal by any party shall not terminate this agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to withdrawal. Such liability shall continue until discharged by law or agreement. 12.2 Termination. This agreement shall terminate upon the occurrence of anyone of the following events: (a) when necessitated by operation oflaw or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of remaining parties agrees to terminate the agreement upon a date certain. 12.3 Effect of Termination. Termination shall not discharge any liability incurred by the MAAG or by the parties during the term of this agreement. Upon termination and after payment of all outstanding obligations. property or surplus money held by the MAAG shall then be distributed to the parties in proportion to their contributions. 13. Miscellaneous. 13.1 Amendments. This agreement may be amended only in writing and upon the consent of each of the parties' governing body. 13.2 Records. accounts and reports. The books and records of the Committee shall be subject to the provisions of Minn. Stat. Ch. 13 and Minn. Stat. ~ 168,06, subd. 4. K/K03-163 6 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP 13.3 Counterparts. This agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the Dakota County Emergency Preparedness Coordinator. K/K03-163 7 JPA FOR DAKOTA COUNTY MUTUAL AID ASSISTANCE GROUP lod City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: \IJfU Mayor, Council Members, ;)yJ~ Interim City Administratorry FROM: Jim Atkinson Assistant City Planner SUBJECT: Consideration of Zoning Map Amendments and Comprehensive Plan Amendments for three (3) properties located at 1000, 1012, and 1020 8th Street DATE: October 6, 2003 INTRODUCTION Three adjacent property owners have collectively requested comprehensive plan amendments and zoning amendments for their properties located at 1020 8th Street, 1012 8th Street, and 1000 8th Street. The properties are currently designated as LowlMedium density in the Comprehensive Plan and currently zoned R-2, LowlMedium Residential. The owners are requesting to change the Comprehensive Plan designation to Business and change the zoning designation to B-1, Highway Business. The applicants appeared before the Planning Commission at its meeting on September 9th, 2003. After holding a public hearing, the Planning Commission unanimously recommended denial of the request based on the uncertainty of the potential use of the property. The original proposal did not include any indication of how the properties would be utilized under a B-1 zoning classification. Since the Planning Commission meeting, the applicants have revised their request to include only one (1) of the original three (3) properties in the rezoning, have created a site plan depicting the proposed use and configuration of the property, and have designed a screening plan to shield the proposed business use from adjacent residential property . Due to the modification of the proposal, the applicant has requested that the Planning Commission reconsider the request as amended. Since the Planning Commission has already made their recommendation, the City Council must remand the application back to the Commission for their reconsideration. Staff would schedule another public hearing and notify all property owners within 350 feet of the subject properties. The notice would also be published in the Farmington Independent. ACTION REQUESTED Make a motion to remand the rezoning and comprehensive plan amendment request back to the Planning Commission and direct Staff to extend the 60-day time limit to 120 days. Respectfully Submitted, q~~ Jim Atkinson Assistant City Planner ~ Request for Rezoning and Comprehensive Plan Amendments '.... o:u o:u l... .... lr) ..s:: .... "- Current Zoning Map Hickory Street N'\ :::.... .~ S: ..s:: .~ i .... o:u o:u l... .... V) ..s:: .... co Ash Street Farmington ---------------------------------------------------------------------------------------------------------------------------- N A Castle Rock Township /Oe... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Couocil Members, Interim City Administra~ Kevin Carroll, Community Development Director FROM: SUBJECT: Third Quarter 2003 Building Report and Population Estimate DATE: October 6, 2003 INTRODUCTION The following is a report summarizing (a) the new construction permits issued during the third quarter of 2003 and (b) an updated population estimate for the City of Farmington. DISCUSSION Building Permits: During the third quarter of 2003 (July I, 2003 to September 30, 2003) the City issued new residential building permits for 55 single-family homes and 84 owner-occupied townhouse units for a total of 139 new housing units. None of the housing permits issued during the third quarter of 2003 included any new rental housing units. The average building valuation of the single-family homes during the third quarter of2003 was $196,747, up from $192,206 during the second quarter. The average building valuation of the townhome units through the second quarter of 2003 was $207,223, up from $150,620 during the second quarter. (Note that the valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula). Population Estimate: Prior to the first quarter of this year, the quarterly reports provided to the City Council by the Community Development Department referred only to building permit activity. At the end of this year's first quarter, City staff decided that each quarterly report should include an updated population estimate for the City of Farmington. After discussing several methods of calculating population, a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance of the permit and the actual occupancy of the dwelling unit (i.e., the time required to construct, market and sell the home). Accordingly, staff started with the City population as of April I, 2000 (as determined by the U.S. Census Bureau) and then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of C.O.s was multiplied by 2.95, which was (according to the 2000 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 12,365 + 885 13,250 + 1478 14,728 + 1888 16,616 + 336 16,952 + 525 17,477 + 434 17,911 Estimated Population as of 4/1/00, per 2000 Census = 300 Certificates of Occupancy issued for the period 4/1/00 to 12/31/00 X 2.95 Estimated Population as of 1/1/01 = 501 Certificates of Occupancy issued for 2001 X 2.95 Estimated Population as of 1/1/02 = 640 Certificates of Occupancy issued for 2002 X 2.95 Estimated Population as of 1/1/03 = 114 Certificates of Occupancy issued for the period 1/1/03 to 3/31/03 X 2.95 Estimated Population as of March 31, 2003 = 178 Certificates of Occupancy issued for the period from 4/1/03 to 6/30/03 X 2.95 Estimated Population as of June 30, 2003 = 147 Certificates of Occupancy issued for the period from 7/1/03 to 9/30/03 X 2.95 Estimated Population as of September 30, 2003 "nformation only. Kevin Carroll Community Development Director Q) '0:5 =0 .0:::: ::l co (l. c: ;:g <D ::l z;; t/) -= - "0 .!!l <D J::; ~ ~.!!? 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OC\lOOC\l .....CXlC\lO..... CO.....<")~~ Iii o -= I- a 0 u;-g"E58 ......C\I<")""'C\I o o o C\I T'""OO"C"""N OOC\lOC\l C\lOOC\l"'" ......C\lCO.....CO ......OC\l""'CXl T"""C"""T""T""V ~OOO~ CXl""''''''......~ ......LOCXl.....C\I 00000 ......CXlC\lCO~ co""''''''.....C\I Iii o ..... I- a ...... 1ii-gE:58 ......C\I<")""'C\I o o C\I 00000 00000 OC\l 0 OC\l <")C\I.....OC\l ...........C\I.....CXl T""T'""T""T'""IJ') 00000 C\lCXl.....Ot(j LOCXlLOO)C\I 00000 OC\l...... 000 000 0......0) CXl C\I <") ............ ...... 000 <")0"'" co LO CXl 000 <<;~l2g~ ..,. Sr::::2 ]j ]j -= ~I -= ~ a C\I a <") c;;-g"E58 tii-g"E58 ......C\I<")""'C\I ......C\I<")""'C\I C\I <") o 0 o 0 C\I C\I , / / a...> City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers and Interim City AdminiStraro~ Ken Kuchera, Fire Chief TO: SUBJECT: Fire Department Tanker Truck Bids DATE: October 6, 2003 INTRODUCTION A bid opening was held on September 15, 2003 for a tanker truck. DISCUSSION The bid opening resulted in only two bids being received. They are as follows: Firovac Power Systems Semo Tank $199,075 $219,549 BUDGET IMPACT Budgeted funding in the 2003 CIF was set at $165,000. ACTION REQUESTED Staffis requesting Council reject the bids received. A revised bid document will be presented for Council consideration at the October 20, 2003 Council Meeting. ~cspcctfid~ S;bntted. -K~.~~~ Ken Kuchera Fire Chief Page 1 of 1 Ken Kuchera From: Lisa Shadick Sent: Monday, September 22, 2003 1 :04 PM To: Ken Kuchera Subject: Fire Tanker Bids Ken, I talked to Robin and Joel about the bids. Joel h,as instructed me that the council needs to reject the bids and then authorize the re-bid. So you need a memo to council on the October 6th agenda stating this action requested. After the rejection and the authorization to re-bid are done then we will send the bids and the bid bonds we have back. Let me know what you want to do and call me if you have questions. Lisa .JL SfiadicR .Jlaministrative Services 'Director City of :Farmington 651-463-1802 CJJ;23)03 J~, \JS/ Il ~~ 9/22/2003