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HomeMy WebLinkAbout08.04.03 Council Packet City of Farmington 325 Oak Street Farmin~on,MN55024 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 August 4, 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 ~. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Mr. Dave Pritzlaff 7. CONSENT AGENDA a) Approve Council Minutes (7/21/03 Regular) (7/16/03 and 7/28/03 Special) b) Approve Temporary On-Sale Liquor License - St. Michael's Church- Administration c) Set Public Hearing On-Sale Liquor License La Margarita Restaurant - Administration d) Adopt Resolution - Accept Donation - Parks and Recreation e) School and Conference - Parks and Recreation f) Acknowledge Resignation Solid Waste - Human Resources g) Appointment Recommendation Solid Waste - Human Resources h) Schedule Project Assessment Hearings - Various Projects - Engineering i) Cataract Fire Relief Association 2004 Pension Request - Finance j) Park and Recreation Commission Minutes - Parks and Recreation k) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - Vacating Easements Bristol Square First Addition- Community Development ~. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Accept Donation - Parks and Recreation Action Taken Information Received Approved Approved August 18, 2003 R49-03 Information Received Acknowledged Approved R50-03, R51-03, R52-03 Approved Information Received Approved R53-03 R54-03 b) Approve Wetland Permit Application Meadow Creek 3rd Addition- Community Development c) Set Workshop Date - City Hall Task Force - Administration 11. UNFINISHED BUSINESS a) Adopt Joint Powers/Orderly Annexation Agreement - Ash Street Project- Engineering (Supplemental) 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Approved August 19, 2003 Information Received City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING August 4, 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 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) a) Mr. Dave Pritzlaff 7. CONSENT AGENDA a) Approve Council Minutes (7/21/03 Regular) (7/16/03 and 7/28/03 Special) b) Approve Temporary On-Sale Liquor License - S1. Michael's Church- Administration c) Set Public Hearing On-Sale Liquor License La Margarita Restaurant - Administration d) Adopt Resolution - Accept Donation - Parks and Recreation e) School and Conference - Parks and Recreation f) Acknowledge Resignation Solid Waste - Human Resources g) Appointment Recommendation Solid Waste - Human Resources h) Schedule Project Assessment Hearings - Various Projects - Engineering i) Cataract Fire Relief Association 2004 Pension Request - Finance j) Park and Recreation Commission Minutes - Parks and Recreation k) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - Vacating Easements Bristol Square First Addition - Community Development 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Accept Donation - Parks and Recreation Action Taken Page 1 Pages 2-29 Page 30 Page 31 Pages 32-33 Pages 34-36 Page 37 Page 38 Pages 39-43 Pages 44-55 Pages 56-57 Page 58 Pages 59-63 Pages 64-65 b) Approve Wetland Permit Application Meadow Creek 3rd Addition- Community Development c) Set Workshop Date - City Hall Task Force - Administration 11. UNFINISHED BUSINESS a) Adopt Joint Powers/Orderly Annexation Agreement - Ash Street Project- Engineering (Supplemental) 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Pages 66-79 Page 80 ~~ 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: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Citizen Comments - Culverts along Akin Road DATE: August 4, 2003 INTRODUCTION At the July 21, 2003 City Council meeting, a resident questioned why there are corrugated metal culverts being stored on property west of Akin Road, just south of Middle Creek. The resident expressed a desire to see the culverts removed due to aesthetic considerations. DISCUSSION During the Akin Road Culvert Project, the contractor had asked the property owner in question if the old corrugated metal culverts could be stored on the property until the contractor could scrap them. The property owner indicated at that time a willingness to take the culverts for his own use. In researching the zoning ofthe property, it has been determined that the zoning of the property does not allow for the storage of the culverts. Staff has contacted the property owner and the culverts should be removed within a week. BUDGET IMPACT None. ACTION REQUESTED For Council information. Respectfully Submitted, ~ 111 fn~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file Mr. Dave Pritzlaff 7~ COUNCIL MINUTES REGULAR July 21, 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 Joel Jamnik, 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; Brenda Wendlandt, Human Resources Director; Jim Atkinson, Assistant City Planner; Cynthia Muller, Executive Assistant Brian Wellman, Beverly Preece, David Pritzlaff, Bob Curtis, Jim Schmitz, Mike Olson, Charlie Weber, Missie Kohlbeck, Michelle Leonard, Aaron Tinklenberg 4. APPROVE AGENDA Councilmember Fitch pulled item 7a) Council Minutes 7/7/03 Regular to abstain from voting. Interim City Administrator Siebenaler pulled item toe) Ash Street Project Update to add a letter from Mr. Colin Garvey. MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS Mr. Larry White, of Grand Projects, builder for Just Kidding Around Daycare, thanked Council and staff for seeing the process through. It was lengthy due to a new material that had not been used in the city before. He wanted to clarify a comment from an earlier meeting regarding some ofthe technical information they supplied for the product. That information was not available at the time of the April 30 workshop. A decision was made by staff at that meeting to declare it was non-conforming. The following week the technical information was supplied to the City Attorney and staff. He felt it might be helpful to the development community to have a mechanism in the ordinance that allows for new materials that come in. It would be helpful to have something in place that Council Minutes (Regular) July 21, 2003 Page 2 would give a developer an opportunity to go through a check list or process to get new products approved without causing the issue to be bounced back and forth between meetings. a) Mr. Dave PritzlafI, 20255 Akin Road Council did respond to Mr. Pritzlaff's comments from the previous Council Meeting. Mr. Pritzlaff stated he had not received a response from Councilmember Cordes, but he had not checked his mail today. Councilmember Cordes stated she e-mailed a response to him and a response was mailed on Thursday. Mr. Pritzlaff stated he received a response from Mayor Ristow stating that he is not aware of any list so consequently the answer to Mr. Pritzlaff's question is zero. Mr. Pritzlaffasked Mayor Ristow ifhe should take it that Mayor Ristow does not have a list to terminate any other city staff? Mayor Ristow stated that is your opinion you are the one that stated it, I didn't. Mr. Pritzlaff stated he is reading the letter. Mayor Ristow replied you are the one that promoted that I had a list. I am just responding back. Mr. Pritzlaffwas wondering how he should interpret the letter. The letter says, "so consequently the answer to part two of your question is zero." Mr. Pritzlaff asked again if that means Mayor Ristow does not have a list and no agenda to get rid of anyone else? Mayor Ristow replied as he told Mr. Pritzlaff from the beginning he is not aware of any list. Mr. Pritzlaff stated so we can take that as no. Mayor Ristow replied you can take that any way you want. Take it as you read it. Mr. Pritzlaff stated he would hate to misinterpret this when it comes up in the future. Mr. Pritzlaffthen stated he received a response from Councilmember Fitch stating, "You are certainly welcome to interpret things the way you perceive them. If it is about a certain recent event, I do not feel comfortable discussing the question because of agreements in place. As far as politics goes, I do not believe in playing politics and prefer telling things the way they are." Mr. Pritzlaff stated Councilmember Fitch told everyone in the city he did not have the time for politics and did not want to be on the Council again. Mr. Pritzlaff stated Councilmember Fitch is playing politics, by getting on the Council for 15 months. There are a lot of ways this can be taken. Mr. Pritzlaff also noted there are culverts sitting along Akin Road which were left over from the Akin Road culvert project. He would like to see those removed. 7. CONSENT AGENDA Interim City Administrator Siebenaler pulled item 7f) Capital Outlay - Fire Department, to remove a paragraph from the specifications. MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows: b) Received Information School and Conference - Human Resources c) Received Information School and Conference - Finance d) Received Information School and Conference - Public Works e) Received Information Capital Outlay - Information Technology Council Minutes (Regular) July 21,2003 Page 3 g) Approved Amendment Dakota County Mutual Aid Fire Services Agreement - Fire Department h) Approved Sidewalk Replacement Contract - Engineering i) Approved Traffic Control- Fairview Lane - Engineering j) Received Information Public Works Position Clarification - Human Resources k) Approved Bills 1) Authorized RFP's for Executive Search Firm - Administration (Supplemental) APIF, MOTION CARRIED. a) Approve Council Minutes (7/7/03 Regular) MOTION by Fogarty, second by Soderberg. Voting for: Ristow, Cordes, Fogarty, Soderberg. Abstain: Fitch. MOTION CARRIED. 1) Capital Outlay - Fire Department Attorney Jarnnik and Interim City Administrator Siebenaler met with the truck committee. Staff would like Council to approve the specifications with the deletion of the last paragraph on page 5 ofthe specifications which provided for the successful bidder to provide transportation for up to four members to go to a pre-construction conference on site. Given the state auditors regulations, historically the city would pay for that rather than the bidder. If there is a need to send 1-4 members to a pre-construction conference, it would be brought to Council as a city expense. MOTION by Soderberg, second by Fogarty to approve the bids and specifications for the purchase of a tanker fire truck with the deletion of the requested paragraph. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Quarterly Customer Service Response Report - Administration Staff presented the Quarterly Customer Service Response Report for January- March 2003. There were 83 service requests with 41 surveys returned. Of those, 93% stated they received service in 1-3 days; staff received a 100% rating for being courteous and helpful; and 93% of those were personally satisfied. b) June 2003 Financial Report - Finance Revenues and expenses were presented as of June 30, 2003. Licenses and permits are at 75% of budget at 50% of the year. Intergovernmental revenue will not achieve the budgeted amount due to the loss of LGA. This will amount to $400,000 less than what was in the budget. Expenses are at 50%, exactly on target. c) Set Date Council Workshop - Project Updates -Administration Staff requested the Council set a workshop to provide direction on a number of projects such as the Recreational Facilities Task Force; the City Hall Task Force; Council Minutes (Regular) July 21,2003 Page 4 Spruce Street Corridor Task Force; the MUSA Review Committee and several others. Staff will provide a brief update on each ofthe projects and solicit direction from the Council as to how they would like to proceed. The workshop was set for July 28,2003 at 7:00 p.m. d) Approve Request to Make Improvements to the Rambling River Center - Parks and Recreation Staff requested money be allocated to make improvements to the Rambling River Center. There are several reasons for the request to allocate money from purchasing a piano to making improvements to the center. The improvements would include building new offices to allow staff to work independently of each other, moving the existing computer lab into the staff office being vacated, and the vacated computer lab space will be expanded to allow for a fitness room. Rambling River Center Coordinator Missie Kohlbeck, and Rambling River Center Advisory Board Member Charlie Weber gave a presentation showing the proposed changes to the center. The project will be done in five phases. MOTION by Cordes, second by Soderberg to approve the request to reallocate $4,500 that was identified in the 2003 Capital Outlay budget for the purchase of a piano towards the Rambling River Center's improvement costs and to allow the identified improvements to be made to the Rambling River Center at a cost not to exceed $10,500. APIF, MOTION CARRIED. e) Ash Street Project Update - Engineering At the June 23,2003 meeting with Castle Rock Township, staff was directed to forward a draft Joint Powers Agreement/Orderly Annexation Agreement to the Township for their review and approval The township met on July 17,2003 and their comments will be sent to the city this week. The County has advised that the deadline for projects that need to be included in the County's 2004-2008 CIP is August 29, 2003. Councilmember Fitch noted the agreement says all the change orders will be submitted and approved according to the terms of the construction documents. He did not see any provision for a dispute. Staff stated one of the things that will be worked out is that according to the June 23 meeting, the township will not be participating in the cost of the project. At what level they will be involved as far as change order approval has yet to be determined. If the city is paying for the project and the change order, as long as the change order is within the scope of the project, it may not be an issue. Attorney Jamnik stated because the city will need the use oftownship right-of-ways and related facilities, there may still be a need for the township to approve the initial plans as well as change orders. Councilmember Soderberg asked about the duration and if it leaves some ability for the township to go back on an orderly annexation after the project has started. Attorney Jamnik stated no, the duration indicates the agreement terminates for the combined project for the construction costs. The orderly annexation agreement continues until annexation occurs or the parties terminate the agreement. The agreement to terminate would have to be mutual. This will be clarified in the final agreement. Council Minutes (Regular) July 21,2003 Page 5 The total project cost is $6.6 million in 2005, this assumes an inflation rate. The County would pay $1.9 million which includes $1.7 million for the street and $210,000 for the storm water. $2.1 million will come from trunk funds. The remaining costs will come from deferred assessments, allowed assessments, and the tax levy. The deferred assessments would be those properties which might annex into the city. They cannot be assessed at this time, but the assessment will be held until they do annex into the city. This is only a portion of the properties which are identified as the businesses on the east side ofHwy 3. If they never come into the city, the city will bear the cost of the improvements. The cost of pond 8 will be $687,000 and is located in Castle Rock. Castle Rock does not have the finances to pay for the pond. Trunk funds would be available to pay for the pond if necessary, otherwise those properties that would come into the city on the east side ofHwy 3 might have that included in any deferred assessments. The allowed assessments are the residents that would annex into the city, such as Highland Circle. The tax levy is the amount left over that the city would have to provide over ten years to pay off the bonds for that portion of the street, sewer and water that could not be assessed or paid by trunk funds. Staffwill bond for this project in 2005 for $2.6 million. Over ten years, the levy would be $280,000 a year. The city would be able to do the project in 2004, however the County has stated they cannot do the project until 2005. Mayor Ristow stated if Council is in agreement with this project with a few modifications, he would like to have this on the August 4, 2003 Council agenda for approval, and not wait until the August 18 meeting. He asked Attorney Jamnik to expedite the agreement. The changes will be given to Council prior to distribution ofthe Council packets. Castle Rock Township has indicated they are agreeable to the annexation and they are agreeable to assisting in whatever way they can in doing the project. Without their agreement, it is difficult to proceed. The city needs their assistance to proceed with assessments. Staff will work with the township to try to bring the agreement to the August 4 Council meeting. t) Adopt Resolution - Farmington Lutheran Church Development Contract- Engineering The final plat for Emmaus Grove was approved at the Planning Commission on March 11,2003 and by the Council on April 7, 2003. The conditions of approval for the development contract 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 City Council approval of the final plat. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R46-03 approving the execution of the Emmaus Grove Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. Council Minutes (Regular) July 21, 2003 Page 6 g) Adopt Resolution - Riverside West Development Contract - Engineering The final plat for Riverside West was approved by the Council on May 19, 2003. The conditions of approval for the development contract 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 ofthe final plat. The issues with crossing the gas line have been resolved. Staffwill make sure this is in writing before construction begins. MOTION by Fitch, second by Cordes adopting RESOLUTION R47-03 approving the execution ofthe Riverside West Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. h) Adopt Resolution - Meadow Creek 4th Addition Preliminary Plat- Community Development This plat is located north of the Lake Julia Waterway, and south of the Riverbend Development. Progress Land Company proposes to plat 123 single-family lots. The zoning code requires lots in an R-l district to have at least 75 ft of street frontage as measured from the front yard setback line and the minimum lot size required is 10,000 sq. ft. This plat meets those requirements. Another issue is the trail system. The original proposal called for trails along Dunbury Avenue connecting the 2nd and 3rd Additions to the south to the Riverbend Addition to the north. Additional trails have been requested. A connection has been added along Road C connecting a future trail to the Dunbury trail. Another trail was added along the wetland on the east side ofthe development. The conditions for the preliminary plat are as follows: 1. The applicant shall comply with recommendations submitted by the MN DNR and Dakota County Soil and Water Conservation District. 2. The applicant shall provide trails in accordance with the letter from Randy Distad, Parks and Recreation Director as modified. 3. Easements shall be provided to access Outlots A and B. 4. A Development Contract between the Developer and the city shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. Another trail will also be located to the south of the waterway. This trail is part of the construction for the Lake Julia Waterway. The developer will build that trail with this plat. This trail is not shown on the plat, as the plans are separate from this plat. Those plans will be coordinated in the review of the projects. Council Minutes (Regular) July 21,2003 Page 7 MOTION by Fogarty, second by Soderberg adopting RESOLUTION R48-03 approving the Meadow Creek Fourth Addition preliminary plat with the above contingencies. APIF, MOTION CARRIED. i) Discuss Ordinance Amendment Request for Commercial Vehicles and Paper Boxes - Community Development The city has received a couple complaints from a resident regarding their neighbor. One issue has to do with commercial vehicles and the other with paper boxes. The van is parked in the driveway. The code states all vehicles shall be parked on a hard surface driveway or parking apron and maintain a 5 ft setback from side and rear lot lines. The code also states vehicles which are inoperable are not allowed to be parked in the driveway, side or rear yard. Vehicles in excess of 7,000 lbs or any trailer are not allowed to be in a city street from 2:00 a.m. to 5:00 a.m. The code does not prohibit commercial vehicle parking in the driveway as long as they meet these provisions. There is a provision in the home business section that says you cannot make your residence look like a commercial residence, such as parking several vehicles in the front. In this case, it is a van with ladders on top and the name ofthe business on the side parked on the driveway. It is not in violation of any codes. The complainant has requested a code amendment. The second issue is for newspaper boxes. The resident noted that paper boxes are not allowed in the code. There is a provision as to what is allowed in the boulevards. Paper boxes and mailboxes are not listed. Mailboxes are covered under federal law which allows them. Prohibiting paper boxes could be an infringement on first amendment rights. Staff is not recommending to completely ban paper boxes. Staff could regulate the number of paper boxes or their location. Staffwas looking for direction from Council as to whether to prepare a code amendment. Councilmember Fogarty noted in her neighborhood the paper boxes are built into the mailbox. If you order one of the regional papers, they put up an additional box. Staff stated if a provision regarding paper boxes was added, those additional paper boxes would be eliminated. However, staff is not recommending anything like that. Staff may want to include something allowing paper boxes in the boulevard. The options are making them allowed, or allow them and limit the number, or that they have to be attached to a mailbox. Councilmember Fogarty felt to have them attached to the mailbox would look better. Councilmember Fitch noted in some developments they regulate the type of mailboxes and how many are grouped together. The Post Office may have to be contacted to agree to allow paper boxes on the mailboxes. Mayor Ristow noted that in some areas the paper boxes are grouped with the mailboxes. Staff noted no other complaints have been received. Councilmember Fitch stated some papers will not place their paper in another newspaper's box. If the newspapers are not placed in the box, they will be left on the driveway and then there will be a litter issue. Attorney Jamnik agreed that this has happened in other cities. Some cities have tried to Council Minutes (Regular) July 21,2003 Page 8 have generic paper boxes, which raises the cost to the residents. Staff stated some developments have covenants that regulate paper boxes, however this particular neighborhood does not. Attorney Jamnik stated if there is a homeowner's association, the paper boxes could be regulated under the covenants for the homeowner's association. It is sometimes difficult to do this after development is finished. Mayor Ristow asked if there is anything regarding screening for commercial vehicles. Staff stated the code does not address screening for commercial vehicles. If they are parked on the side of the house, there might be other regulations. But in this case, the vehicle is parked in the driveway. Councilmember Soderberg drove to the area. The van is not rusty and is a newer vehicle. He noted the van was parked in the driveway. The ordinance says either on decorative rock or hard surface. Along the edge of the driveway is an I8-inch strip of decorative rock. It falls within what is allowed by code. Regarding the paper boxes, Councilmember Soderberg would favor allowing paper boxes in the boulevards. Ifthere.are associations, it is up to them to restrict them. Councilmember Cordes agreed. Staff stated they have not contacted the owner ofthe commercial vehicle as there is no violation of code. Councilmember Fogarty asked if it was possible to talk to the owner? Councilmember Cordes stated that is more of a neighbor dispute. Interim City Administrator Siebenaler stated if staff were to tell him his neighbor has a problem with the van in the driveway, it would identify the neighbor. The complainant has clearly stated she does not want to be identified. Councilmember Fitch suggested contacting surrounding cities to see how they handle the situation. Council suggested amending the ordinance to attach paper boxes to the mailboxes, but not limit the number and to make them an allowable use. Staff urged the paper boxes be attached to the mailboxes due to plowing. Councilmember Cordes suggested simply adding paper boxes to the allowable uses in the code. Staff will forward an ordinance to Council regarding paper boxes and do some additional research for commercial vehicle parking. j) Request for Extension of Time - Riverbend Preliminary Plat - Community Development The Council approved the Riverbend Preliminary Plat on December 17, 2001. According to ordinance, the final plat must be submitted within 100 days of preliminary plat approval. On March 18, 2002, Council approved an 18-month extension of the 100-day requirement. The extension will expire on August 1, 2003. The developer has requested an additional extension due to coordinating grading plans with another developer to the south, working with FEMA, etc. Staff is recommending an extension of approval for 12 months, which would expire August 1, 2004. Councilmember Cordes recalled a discussion a couple years ago regarding how many extensions should be allowed. Attorney J amnik stated there might have been something in the Development Guidelines. Council Minutes (Regular) July 21,2003 Page 9 Traditionally, when an extension has been adopted, it was specified in the initial extension it is a one-time only extension. This has been communicated to developers in the past. This case may be justified due to the grading plans. It would be at the discretion of Council to indicate whether it is open to another extension. Councilmember Soderberg noted the developer has been very cooperative in working with the city and surrounding neighbors. MOTION by Soderberg, second by Cordes to approve the requested time extension of 12 months (August 1,2004) for the submittal ofthe Riverbend Final Plat. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Soderberg: Regarding the Spruce Street Task Force meeting last Wednesday, he wanted to apologize for his lack of attendance. After looking at the Master Plan he thinks it is a good project and will meet with staff for an update. Some time ago, a noise ordinance was discussed. He received a call from a resident regarding trucks jake-braking. To pick on truck drivers is not legal, however Council can adopt a noise ordinance and place signs that a noise ordinance will be enforced. This would include trucks, cars with deep base sound systems, trains, etc. Interim City Administrator Siebenaler stated there have been court rulings regarding jake-braking that say you cannot use the phrase "jake-braking" in a sign. Any ordinance adopted would have to address noise. It would have to be consistently enforced on all noise. It would certainly include engine noise and those vehicles with the deep base stereo system. Unfortunately, it could also include an ice cream truck. The city has to be careful how such an ordinance is written. Staffwill research noise ordinances in other cities. The next issue has to do with an anonymous letter he received today. He read a quote from a newspaper which read, "To have a right to do a thing is not at all the same as to be right in doing it." The envelope he received deals with an issue he has been very vocal about and very much opposed to. The individual that sent it seems to want to live in the past. It is history. Even the events to which Councilmember Soderberg are referring to are history. We need to get over it and move on and do what is right for the city. Councilmember Fitch: He asked Interim City Administrator Siebenaler if being Interim City Administrator also makes him the City Clerk? Interim City Administrator Siebenaler replied he will assume that it does. Councilmember Fitch asked ifhe has to meet the bonding requirements? Attorney J amnik stated the city has to change the name on the fiduciary bonds. Finance Director Roland replied that was done two weeks ago. Council Minutes (Regular) July 21,2003 Page 10 Community Development Director Carroll: On July 31, 2003 there will be a Public Open House at the Maintenance Facility regarding the draft Master Plan for the Spruce Street Commercial area from 6:00 - 8:00 p.m. Representatives from Hoisington Koegler will be there along with staff members. There will be graphs, maps and drawings to look at. The purpose is to give residents and business owners an opportunity to see what the Task Force has done and to make suggestions so staff can incorporate their input before the Master Plan is finalized. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 8:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ ff?~~ ~thia Muller Executive Assistant Joint Council/Planning Commission! Spruce Street Corridor Task Force Workshop Minutes July 16, 2003 Mayor Ristow called the meeting to order for the Council at 6:00 p.m. Present for Council: Ristow, Cordes, Fitch, Fogarty Absent: Soderberg Present for Planning Commission: Rotty, Johnson, Larson Absent: Barker, Heman Present for Spruce Street Task Force: Mike Heinzerling, James Karlin, Don Peterson, Jim Gerster, Sue Ager, Stan Knutsen, Randy Peterson, Doug Bonar, Jim Allen, Bob Egan, Charlie Weber, Kris Akin, Bill Adelman, Casey Wollschlager, Mark Koegler Also Present: Dan Siebenaler, Interim City AdministratorlPolice Chief; Kevin Carroll, Community Development Director; Randy Distad, Parks and Recreation Director; Lee Smick, City Planner; Jim Atkinson, Assistant City Planner; Cynthia Muller, Executive Assistant Audience: Michelle Leonard, Pat Branson The purpose of the meeting was for the Spruce Street Task Force to receive comments from the Council and Planning Commission regarding the draft Master Plan for the Spruce Street Corridor Area. Mr. Mark Koegler, of Hoisington Koegler, presented the draft Master Plan. The Spruce Street Corridor is located west of Denmark Avenue, and covers 450 acres. The site will accommodate retail and housing. There are major roads on all sides. Three-fourths of the property contains MUSA. The current zoning is Business Park, Agriculture, and Spruce Street Commercial. One of the early components of this effort was to look at the market area. The market area contains a significant amount of a rural component. The trade area is expected to significantly increase in the next 20 years from 7,800 households to 24,000 households. The trade area includes downtown Farmington, Hwy 3, and Hwy 50. A series of concepts have been reviewed. The draft Master Plan contains parts of three concepts put together into one concept. Some ofthe characteristics of the Master Plan include a parkway along the river. Representatives from the development community stated it is more feasible to build roadways when there is development on both sides. The plan contains development on both sides of the road, but still maintains a green space. Some concerns from Council were the need for expansion for growth. The downtown as is exists is great, but the area is pretty well defined. To accommodate that, there is an allocation of commercial spaces that matches the market projects for the overall trade area. The area in the northwest is labeled as a business/commercial flex category, which would have business park uses, but still have room to expand for commercial uses. Another theme was the importance of water resources, particularly with the Vermillion River as a trout stream. Another comment was housing, and making sure there were a Joint Council/Planning Commission/Spruce Street Task Force Workshop July 18, 2003 Page 2 variety of opportunities. There is everything from townhouses to smaller lot single family units. The green spaces are both parks and flood plain natural areas. Weare dealing with a planning process that is intended to result in larger scale Master Plan thinking for this area, not detail thinking. This should be approached from a land use planning perspective in looking at the types of uses and using them as a guide to assess proposals in the future. The concept plan has a focus on the green space that meanders throughout the area. It can connect to other trail systems and link development. The pattern shows commercial in the northeast, a business flex area, mixed use, and housing to the south ofthe river. The key features that carried over from the initial plans include a town square approach. Not to compete with downtown, but to set up a complimentary square area that could be used for a variety of public gatherings. This is located on the eastern portion ofthe area and opens up to the green space. The mixed use area means retail, office on the ground floor and residential above in some cases. This is a vertical mix, not a building separation of residential and commercial. That is clustered around the community square. Spruce Street needs to maintain itself as a very active thoroughfare. It needs to have a commercial focus and an intensity that says that development and people want to be in this area. We want to make this feel like an extension of downtown Farmington. The northwest comer is the flexible space. It could be business park, but commercial could replace portions of this. There are park resources on the north side as well as the south side. The southern side is residential with opportunities to have housing along a parkway. There are three key bridge locations which could be phased in. Implementation will involve both public and private actions and requires a balance of public and private costs. A key aspect is that public investments need to be strategic. It needs to do something to attract private investment and then serve as a catalyst for other things to take place. Public improvements need to precede private development. As far as the allocation of improvement costs, Mr. Koegler suggested the city will need to consider financing the construction of some key core improvements. Spruce Street might be one of those. As Spruce Street leaves Denmark and goes west, there will be a segment that will be costly. If Farmington is going to emphasize Spruce Street as the southern connection through downtown into East Farmington as an important one, it may need to precede or at least be done in compatibility with some ofthe development that may take place there. There should be funding for oversizing of utilities to allow for growth as the area expands from east to west. Amenities need to be built and funded by private and public sectors. Some exceptions to that might be parks and the public square. The city may need to look at dedication monies, grants, and local funds for these exceptions. The next steps include an AUAR for the area, which is an environmental review mechanism which allows the city to coordinate what happens with development in the future. When the Master Plan is in final form, the city needs to amend the Comprehensive Plan to include some of the recommendations that come out of the Master Plan. This does not mean the design concept piece, but the broader land use plan. And making sure there is a fit between land uses and the Comprehensive Plan. Following that, there are some amendments to the Spruce Street Zoning District that will be necessary to accommodate the range of uses. This was established with what was known at the time. The Master Plan advances the dialogue in terms of types of uses, especially Joint CouncillPlanning Commission/Spruce Street Task Force Workshop July 18, 2003 Page 3 with the mixed use that needs to be looked at to make sure the ordinance paves the way for this to take place. This property has great potential within the community. This city has a resource in the downtown that many communities would love to have. There is a history of innovative planning with what was done on the east end of Farmington. It was a very effective way to combine housing and water resource management. This piece is the next one in line. There is an opportunity to do a number of neat things that can enhance this community as a great place to live. Mr. Koegler asked for input from the Council and Planning Commission as far as whether this is on the right track or things that need to be changed. Mr. Koegler would like to take this to a community meeting while it is still in draft form and see what the public has to say about it. (Planning Commissioner Larson arrived at 6:30 so Chair Rotty called the meeting to order for the Planning Commission at 6:32 p.m.). Councilmember Fogarty was very pleased with the plan, and had no further comments. Mayor Ristow asked about the location of the gas line easement and what will be done with that area. Mr. Koegler stated they are shown as being park or open space. Chair Rotty was very impressed with the work ofthe Task Force as far as land uses and keeping in mind the Vermillion River. They did a great job. Commissioner Larson felt this did not fit with what the committee was trying to do. They had talked about having Spruce Street run along the river and having nothing in between Spruce Street and the river. On this plan, Spruce Street is moved to the north and there is high and medium density residential with mixed use in between. He thought they had talked about using the corridor as a parkway with nothing in between the river and Spruce Street. Mr. Koegler replied Commissioner Larson is correct. One of the previous concepts illustrate a one-sided roadway with park on one side and development on the other side. At the last meeting, the practical difficulty was discussed as to how the road is built. There are significant segments where there is nothing but green space against the roadway. The compromise from a market perspective was to deviate from that in some areas to allow development that could back up and take advantage of the views and exposure the river provides, at the same time providing the public great site lines and access to the open space. The rationale was that this fit better with the market place and the way this might be built. If we need to go back to a strict interpretation ofthe parkway, that can be done. Commissioner Larson would like to see that done. If this is going to be the show piece of the city, he felt it needs to be more of a parkway atmosphere to get the people down there to make it enjoyable to come down and drive around. That is what was discussed before, and he would like to stick to that. Mr. Koegler replied certain areas are still open to the parkway. That gets lost in a plan detail. There could be restaurants that would have walkway connections that would bridge through the development connecting the road to the parkway. There are a lot of ways to connect the open space to the development without strictly having roadway on one side. Commissioner Larson stated he liked the concept of having restaurants back up to the parkway, but would like it moved more to the west and maintain as much of the green space as possible. Mr. Koegler stated that could be considered, but they were trying to keep a mass of this mixed use area that Joint Council/Planning Commission/Spruce Street Task Force Workshop July 18, 2003 Page 4 focused around the town square area. The further west it goes, the more questionable their viability becomes. Commissioner Johnson asked about the ponding and how much acreage it will take up. Mr. Koegler replied there was a calculation, but he did not have the numbers with him. The ponds are shown to illustrate the kinds of patterns that could occur. Commissioner Johnson liked the design. He then asked how we transition this area to the downtown. Mr. Koegler stated there clearly needs to be a strong link between this area and the downtown. The existing land use pattern contains a number of public uses on the western end, where you could define a more intense streetscape pattern. East of there is a single family neighborhood where things could be done with sidewalks, lighting, etc. The city will need to draw that connection graphically as much as possible. It is difficult due to the neighborhood in between. Community Development Director Carroll stated staffhas created a graphic of what is along that route. He asked if it would be useful to incorporate that into the final draft. The Planning Commission felt it would be key to have that area shown on the plan. Task Force member Kris Akin urged Council to leave City Hall downtown. Iflocated on 3rd and Spruce Street, this would be a link to the Spruce Street Corridor. This comer is a natural fit, and City Hall draws a lot oftraffic. Task Force member Mike Heinzerling stated he also recalled the previous plan of keeping the parkway along the river, but now this concept is better. Properties that back up to this area have a higher value. It is better to not have a parking lot along the parkway and have people cross the street. Mr. Don Peterson, property owner, asked if 200th Street is a major thoroughfare, why show it as a lower density? Mr. Koegler replied that was an oversight, and should be a higher density. Task Force member James Karlin stated he felt the area with the softball fields is a comer stone to this area. The trails tie the areas together. Mr. Mark Koegler stated there will be a community meeting July 31,2003 at the Maintenance Facility from 6:00 p.m. - 8:00 p.m. This will provide the community an opportunity to comment on the plan. A final draft will be presented in August to the Planning Commission. Community Development Direct Carroll stated they would like to present this to the Council at the August 18 meeting. Staff will begin some preliminary work on the steps that will occur after the final plan is adopted. Staff will look at zoning, the comprehensive guide plan, and contact the Knutson's developer as to what types of uses they are planning. Most of the attention for now will be focused on commercial and retail. Sources of income could come from the Metropolitan Council. Their Opportunity Grant program helped fund the Master Plan. Staff has applied for a Development Grant which provides financing for projects the Met Council believes has merit. There is $7.9 million available this year. Staffhas requested a grant for extending Spruce Street, building the bridge, and extending Spruce Street further to a north-south connection. The estimated Joint Council/Planning Commission/Spruce Street Task Force Workshop July 18, 2003 Page 5 cost is $1.6 million. The Met Council will make a decision on awarding the grants on December 10,2003. (Councilmember Cordes arrived at 7:00 p.m.). The next steps are to hold the Community Meeting, then it goes to the Planning Commission for a Public Hearing on a draft of the Master Plan, then it goes to the Council for formal adoption. Staffwill then look at changing the Comprehensive Guide Plan and zoning code. The process is on schedule. The meeting adjourned at 7:05 p.m. Respectfully submitted, ~/y~ ,r7~ Cynthia Muller Executive Assistant Council Workshop City Administrator Hiring Process Minutes July 16, 2003 Mayor Ristow called the meeting to order at 7:20 p.m. Present: Also Present: Ristow, Cordes, Fitch, Fogarty, Soderberg Joel Jamnik, City Attorney; Dan Siebenaler, Interim City AdministratorlPolice Chief; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Michelle Leonard Audience: Human Resources Director Wendlandt distributed a list of Executive Search Firms to Council. The majority of cities do use search firms. It prevents any perception that staff is trying to manipulate the process. City Administrator searches are more time consuming because there is more information to search through. Interim Administrator Siebenaler noted that if Council decides to do the process in-house, Human Resources Director Wendlandt is very good at what she does. He does understand the perception of staff picking their own boss, however he believes she could be objective. If Council does not want to do the process in-house, staff is willing to do whatever Council wants. Staff will try to find the best candidates for the city. Mayor Ristow agreed with having Human Resources Director Wendlandt do the process. Council could give her the criteria as to what they are looking for. It is just like any other employee. He felt staff would be capable of advertising the same way the search firms do. Human Resources Director Wendlandt stated staff utilizes the sanie methods such as ICMA, different trade publications, League of Minnesota Cities, Star Tribune. Staff would not have the contacts the search firms do for anyone who is out state or regional if Council wants to look at a national or regional search. Interim Administrator Siebenaler stated search firms also have access to an internal pool. The search firm maintains an internal pool of candidates who are interested in moving to a certain size city or firm. They would not be looking at published information, but specific criteria. Interim Administrator Siebenaler stated when he searches for people, they search for people who want to come to Farmington rather than people who just want police work. This is a big factor in retaining people. In any method used, he strongly recommended that be one of the criteria; someone who wants to come to Farmington. Mayor Ristow asked if there is an abundance of candidates. Is there a legal formality on how you eliminate candidates? Human Resources Director Wendlandt stated on the first pass through, you need to look at who meets the minimum qualifications. After that, you would look at the desire to come to Farmington, reference checks, etc. Attorney Jamnik stated that is one of the reasons he is suspect of a non-Minnesota search firm. He would have more confidence in Human Resources Director Wendlandt in complying with state Council Workshop City Administrator Hiring Process July 16, 2003 Page 2 laws, than with non-Minnesota search firms. The familiarity with state law is a benefit to using a Minnesota firm or using Human Resources Director Wendlandt. A search firm would take about six months. If done in-house it could be slightly shorter, but staff would still have to do background investigations and research which would take some time. For other employees Human Resources Director Wendlandt does reference checks, or the department head. For higher level positions, the police investigator does the background checks. Councilmember Soderberg stated he has every confidence in staff doing the search, however he is interested in the success ofthe person who is chosen. He felt keeping the search at arm's length would go a long way toward ensuring the success of that person. They have less opportunity to come in with a jaded perception from the public. He felt strongly an outside search firm should be employed. He stated staff could do a fine job, but if we want the new Administrator to be here any length oftime, it should be kept at arm's length to help ensure that. Councilmember Fogarty felt a search firm is the best way. They have pools of people others are not aware of. She would like to exhaust everything, as this is the most critical position in the city. This will not be an easy search. Councilmember Fitch stated if done internally, there will still be advertising cost. He would be against a lot of input by the person doing the search. They are sales people and are there to push their product. He would like them to present the candidates and let Council determine if they meet the qualifications. Councilmember Cordes agreed. Search firms tend to push the individuals they want. If a search firm is used she would like them kept at arm's length and stick to Council's qualifications. Interim Administrator Siebenaler asked Council if they want a search firm to give staff a pool of candidates, let staff look at minimum qualifications and then turn it over to the firm again to finish the process. Councilmember Fitch stated he searches through applications and has a yes/no pile. The supervisor has the same pile and sorts through them, and sometimes there is a lot of conflict. They then discuss the candidates and what makes them qualified or not. Everyone interprets a resume differently. Mayor Ristow asked about the cost. Staff stated the cost is approximately $15,000 - $20,000 depending on how much Council would want the search firm to do. Interim Administrator Siebenaler asked Council how they would like to select a search firm. Through an RFP process or have one selected? With an RFP Council would see what the firm would suggest as part of their selection process, the cost, and their services. Council would interview the firms they are interested in and make a counter-proposal. An RFP would be sent to a list of perspective search firms. Based on the interest, Council may not have to reduce the list further. By doing an RFP Council would not have to take the lowest price. Council agreed to use a search firm. An item will be placed on the July 21,2003 Council agenda, approving staff to distribute an RFP. The RFP will be advertised for two weeks within and out of state. It will take a couple weeks to receive responses. The RFP will also be sent directly to Executive Search firms. The profile will be updated in-house to Council Workshop City Administrator Hiring Process July 16,2003 Page 3 save cost. Council should offer comments or suggestions on the previous profile and respond to Human Resources Director Wendlandt. MOTION by Cordes, second by Soderberg to adjourn at 7:54 p.m. APIF, MOTION CARRIED. Respectfully submitted, ? ~ /-?/~ ynthia Muller Executive Assistant City Council Workshop Project Updates Minutes July 28, 2003 Mayor Ristow called the meeting to order at 7 :00 p.m. Present: Absent: Ristow, Fitch, Fogarty, Soderberg Cordes Also Present: Dan Siebenaler, Interim City AdministratorlPolice Chief; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Randy Distad, Parks and Recreation Director; Ken Kuchera, Fire Chief; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant MOTION by Soderberg, second by Fogarty to approve the agenda. APIF, MOTION CARRIED. Proiect Uodates The purpose of the meeting was to discuss ongoing projects and make sure Council agrees with the direction staff is taking. City Hall Task Force After the Maintenance and Police Facilities the 1999 Task Force identified City Hall as the 3rd facility needed. After City Hall, they listed a Parks facility and Satellite Fire Station. As far as City Hall, the task force has recommended 3rd and Spruce Street as the site for a new City Hall. Soils testing has been completed on that site and a clean report was received. The goal was to decide by the end of July. There has been a change in funding options for City Hall. The legislature approved a new rule that if you bond for a City Hall, Police, or Public Safety facility you do not have to have a referendum. You could issue G.O. bonds and not have to go out for referendum and it can be done without an election and still get the G.O. bond rate. Staffhad advocated for lease revenue bonds which is still an option. G.O. bonds provide a better rate rather than lease revenue bonds. If CDBG funds were used to acquire property and the original intention was for the property to be used for private use and ends up being used for public use you have to figure out what amount of money was used and it has to be repaid, but you do not lose the money. The money is recycled and used for other CDBG projects in town. Ifthe 3rd and Spruce Street site is chosen, this will have to be done unless an exception is found. The CDBG money was used to clean up blight. The total cost of the project was approximately $110,000 and the city paid $40,000, so there would be $70,000 to be used for another CDBG project. At the last discussion regarding City Hall, Council had some concern about the 3rd and Spruce Street site. The Task Force has turned the decision over to the Council, however the Task Force would like to be kept informed. r,:--, Council Workshop Project Updates July 28, 2003 Page 2 . Staffhas had ongoing discussions with Mr. Blaha regarding acquiring his property. The City Attorney was concerned as to how that was approached. If it was apparent that the city was interested in acquiring the property, and there was a tenant in the building, it could subject the city or HRA to relocation expenses. The Attorney suggested staff talk with Mr. Blaha regarding terminating the lease with the tenant and have the tenant vacate the property. The HRA would then enter into a purchase agreement. Mr. Blaha will talk with the tenants. He is very interested and did not want to wait 60 days. Staffhas agreed on a purchase price with Mr. Blaha. Mr. Blaha has asked his attorney to draw up an agreement to be given to the tenant whereby they would agree the lease would be terminated by a certain date. There will also be a provision where the tenants will agree not to seek a claim for relocation expenses. The question is whether that would apply to claims made against Mr. Blaha or Mr. Blaha and the city. He will discuss this with his attorney. Councilmember Soderberg stated the HRA would be purchasing the property anyway. If not for a City Hall, then some other project. He felt any shortcomings with the site could be overcome for a City Hall. The HRA is 60 days away from a signed Purchase Agreement plus 60 days for closing, for a total of 120 days. The options are: 1. Continue on track and bring a Purchase Agreement to Council. 2. If Council is not interested in the site for a City Hall, then other sites will have to be reviewed. For purchase purposes it is a good idea to purchase the site regardless whether or not City Hall will be built there. Mayor Ristow stated he is not in favor of City Hall being on the site. It is a bad site and he has not had any good comments from residents about putting City Hall there because of the space and location. He thinks it is a poorly designed site for the environment. The accountant's letter stated we should be looking at a site for 50 years in the future, not 20 years. We would also be taking more taxable land off the property taxes. Residents have commented they would have to pay more taxes. Staff asked the Mayor if it was his opinion we should abandon the idea of City Hall completely or look for a different site. Mayor Ristow replied a different site. Councilmember Fitch stated he is not 100% sold on the site. Staff asked ifthere was any objection to construction of a City Hall or ifthe objection was purely to the site. Councilmember Soderberg stated City Hall is a very necessary facility. According to the 1999 Task Force, City Hall is the next facility. It will not get any cheaper. He has no objection to the site. Councilmember Fogarty felt it is proactive to have a new City Hall and in keeping with what we need to do for the city. Her biggest concern is where else to look for another site. The Spruce Street Corridor area has been mentioned, but that could take years. Interim Administrator Siebenaler stated the city owns a large lot on the Spruce Street Corridor next to the arena, the old Frontier site. It has to be as big as the 3rd and Spruce Street site without the drawbacks. It will not have the accessory parking like 3rd and Spruce, but it is across from the High School. Otherwise, the city would be looking at some major renovation or redevelopment downtown or waiting for the Spruce Street Corridor. The original concept for that property was for a second sheet of ice. The city is Council Workshop Project Updates July 28, 2003 Page 3 a long way from supporting a second sheet of ice. The city cannot support one sheet. Community Development Director Carroll provided a map of the area. At one time that area was shown as flood plain. Staff is not sure where the flood plain line is currently. If it has not changed, staff could apply to FEMA to get the line changed. Mayor Ristow would like a campus area for City Hall, a Fire Station, and the Library. He would like to see this planned in the Spruce Street Corridor area. Community Development Director Carroll stated staff could talk with the Knutsen's about their plans for the area. Their plans for the area closer to Hwy 50 are more firm than the area to the south. Mayor Ristow stated the Peterson property is open further to the west. Staff replied that could take some time for development to go that far west and for a road to be built. Mayor Ristow also suggested the area south of the Fire Station. If the county looks at a new Library, he would like to see it by City Hall. It would also be good to have a Community Center or YMCA. Unless buildings are tom down in downtown, there will not be room. Community Development Director Carroll felt the Frontier lot is twice the size of 3rd and Spruce Street. Councilmember Fogarty was not set on a specific site, but it does need to tie in with the Spruce Street Corridor. She would be very open to looking into the vacant lot. This could solve the parking issue. It is more important to link City Hall to Spruce Street rather than having it next to the Library. Mayor Ristow mentioned the area draws a lot of traffic for hockey games. If there is a Council Meeting at the same time, it could cause problems with parking. Staff stated there would be parking across the street at the High School. Interim Administrator Siebenaler asked if Council would like them to reconvene the Task Force and ask them to broaden their horizons. The Task Force was limited in their parameters to keeping City Hall downtown. Staff could ask them to move out of the immediate downtown. The Task Force might not have viewed it within their right to move City Hall out of downtown. Council agreed to have staff check with the Parks and Recreation Commission to see what they think. Park Facilities Task Force There are 17 members on the Parks Facility Task Force. They have identified 8 goals and 2 rules which are everyone is allowed an opportunity to speak and the final report is supported by everyone. The Task Force will do a needs assessment to see where we are. Location has not been discussed yet. First they will identify needs and set priorities. They have developed a timeline with completion in December 2003. The have started working with the consultant who has begun putting together a list of different facilities, in both the school district and citywide. Councilmembers Cordes and Fogarty are also on the Task Force. Mayor Ristow would like to see the facilities tied in with the school district and other groups such as the YMCA, Lifetime Fitness, etc. Partnering with the school district which would allow outlying communities to participate through the school. Council felt staff is going in the right direction. Satellite Fire Station Staff has been reviewing budgets and one of the needs that has been identified is a satellite fire station. Fire Chief Kuchera stated in 1989 a need was addressed for a Council Workshop Project Updates July 28, 2003 Page 4 satellite station to the north. This is an ongoing desire. The Eastern portion of the city has also grown since then. The railroad tracks were also an issue. When the land was purchased for the Maintenance and Police facilities there was supposed to be room for a satellite fire station. What he has in mind for a Fire Station would fit on the site depending on placement ofthe building. The need is there. Response times to the north are about 15 minutes. A third to half of the fire fighters are coming from the north. They have to come south for the apparatus and then go north again. Fire Chief Kuchera stated he understands the needs of Parks and Recreation and Administration, but does not want Council to forget to move in the direction of public safety. Staff would like direction from Council if whether staff should develop a task force for the satellite fire station to determine the best location and a timeline for construction. According to the 1999 report the city should be starting this process now for a 2005 move-in date. Mayor Ristow stated his records show that after the Police and Maintenance facility, it was the Fire Station, Park and Rec facility and then City Hall. Finance Director Roland stated the Task Force report which was present to Council in April 2000 lists the recommendation and prioritization. The Fire Station is the last priority based on the Task Force's recommendation as far as need. Mayor Ristow asked what the Task Force was established for. Finance Director Roland replied this was the Public Facilities Task Force established in 1999. Mayor Ristow stated the Task Force was for the Police and Maintenance facilities. Staff replied no, it was for all facilities. The creation of the Facilities Task Force was authorized by the City Council in 1999 to commission an independent study of city public facility needs. Public facilities under study by the Task Force included a Central Maintenance Facility, a Law Enforcement Center, a Satellite Fire Station, an outdoor athletic complex and City Hall offices. Upon conclusion ofthis effort the task force was assigned the responsibility of prioritizing the facilities under the study and developing recommendations on city facilities space needs and public financing strategies. The report was issued in 2000 and includes all of the meeting minutes, maps, and reports. Each department had their report as well as information on population growth, staffing growth, etc. Councilmember Fitch asked if a task force was needed. We have the site, and know what is needed. Fire Chief Kuchera replied they have reviewed the plans from Apple Valley and Lakeville. He can see questions developing whether the station is placed in the north or to the east. If the campus will accommodate a fire satellite station, then he did not feel a task force was needed. If we need to look at other options, then he would like a task force. Interim Administrator Siebenaler felt the Fire Department needed to decide if the city is better served by a satellite on the west or the east side ofthe tracks given a 5-year timeline on the bridge for 195th Street. Councilmember Fitch felt ifthe satellite is placed to the east of the city it would be locked in for 5-7 years until 195th Street is extended. Fire Chief Kuchera stated their preference would be to have a satellite station by the Police and Maintenance facilities. Interim Administrator Siebenaler stated issues to be reviewed would be soils correction, storm water and whether the current pond is big enough. They would come up with a plan for the satellite and then make sure it fits there. The site is located on the corner of 197th Street and Pilot Knob Road, just to the west of the Maintenance facility. Fire Chief Kuchera stated the estimate to build the building is $500,000. They would have to Council Workshop Project Updates July 28, 2003 Page 5 shuffle some equipment. The Fire Department has been discussing new rescue equipment. They would have to decide on a place for the rescue truck ifthey stay with one truck. Councilmember Fitch asked if the satellite would have to grow beyond this point. Fire Chief Kuchera replied no, having a satellite station to the north would cut the response time by 1/3. Councilmember Soderberg would like staffto look at the campus site rather than develop a task force. Ifthe site does not work, then form a task force. Staffwill draw up a plan with a footprint of the building and work with Engineering on the soils. MUSA Review Committee It has been discussed to reconvene the MUSA Review Committee to determine the next allocations for MUSA. Options are: 1. Go to the Planning Commission to discuss composition of the committee, talk about criteria used last time, and discuss the timetable and the process. Recommendations would be brought to the Council for final decision. 2. Not go to the Planning Commission, but go directly to Council and have staff make the recommendations and have Council make the final decision. 3. Not go to the Council and just reconvene the committee. Have the committee decide for itself if it wants to change the criteria, work out a timetable and the process. The advantage of using the Planning Commission is that they are very dedicated members with a lot of experience. They would be involved in implementing any decisions made by the Council with regard to MUSA extensions. There are 212 acres of MUSA left until 2005, then there is another allocation that goes until 2010. That would be another issue, whether to limit the committee's work to the 212 acres, or extend their scope to include the additional acreage available until 2010. The Met Council is not as intent on having the MUSA contiguous to other sections. Whether to look at the 212 acres or look at a larger amount of acreage over a longer span of time would need to be addressed at the beginning. Interim Administrator Siebenaler stated the 2005 timeline is starting now. In order to have lots available starting in 2005 the process needs to begin now and do the allocations. By the time 200S gets here, there may not be any lots left. Mayor Ristow replied the city will have lots. He has talked to builders and they are just building models and they are hard to sell. The boom is not what we had and there is no rush. Residents say there is too much growth already to accommodate what we have. Weare looking at a Fire Station and a City Hall. You have to provide the services. Mayor Ristow then stated he received a call from a resident regarding the water restrictions. The water restriction is ridiculous it is a totally crazy thing for a city to be doing. The city has a service we cannot provide. They do not cut the gas or electricity. Weare charging the residents for this service and not giving it to them, we are giving tickets instead. It is not fun to listen to someone who has a $25 ticket and needs to water their lawn. Ifwe cannot provide the services, why continue to grow? Councilmember Council Workshop Project Updates July 28, 2003 Page 6 Fogarty stated she does not get those calls and hears the opposite. Her neighbors are water conservationists and glad people cannot water every day. Mayor Ristow stated if you put in a $5000 lawn and have to let it bum up, you would not be very happy. Ifwe are not going to provide the service, why have it? Councilmember Fogarty stated they are not paying for water they are not using. Mayor Ristow asked what kind of country are you in? You are in a free country. Are you going to dictate what they can use? They do not say you cannot use gas or electricity. Councilmember Fogarty stated we have an entire water tower dedicated to watering lawns in the summer and shut it down in the winter. Mayor Ristow stated so why can't they use it? They have pumps that keep the power up. He stated he is just saying what people tell him, he could care less. Residents want to use the water when they see fit. They are paying for it. It is a service the city provides. We have to say no, because we have a Water Board that issues a ticket. Let's make it an ordinance so we are all responsible for it, instead of three people residents cannot come back to like they do with the Council. Ifwe pass an ordinance, the tickets could be challenged in court. This way, residents have no way to challenge the tickets. Fire Chief Kuchera stated residents have to understand that in the summer, there is a real concern with water tower levels today. There can be mechanical problems, we cannot plan for. Ifwe did not have those restrictions on today, there would be real problems. Mayor Ristow replied increasing by another 2000 homes is not going to help if we are not prepared. Finance Director Roland stated the Water Board asked Council to pass an ordinance for water restrictions and the Council chose not to pass the ordinance. That is when the Water Board adopted the administrative policy. Mayor Ristow replied we said it was fine the way it was to leave it odd-even days. The Water Board overrode Council. Ifwe have to be accountable for it, we should take the heat. He is not going to take the heat for someone else when he has no say over it for something as ridiculous as a $25 fine. Do they need the money that bad? Let them challenge it in court, because 90% of them would be thrown out because it is ridiculous. They are paying for the service. Councilmember Fogarty stated she did not know if she would build another water tower for people to water their lawn all day. Mayor Ristow stated how can we add more houses when we cannot service what we have. Councilmember Fitch felt the odd-even restriction is great. People are having a problem with hours. Not everyone works 8:00 a.m. - 4:30 p.m. A lot of people work nights. They sleep in the morning and cannot water their lawn in the afternoon. Community Development Director Carroll stated the fact that we are starting the MUSA process does not mean anyone has made any decisions on how much growth if any, to accommodate. If Council does not want to allocate any of it, staff is fine with that. Mayor Ristow stated last time we did this everyone that owned land wanted it developed. Finance Director Roland replied at that time we encouraged them to do so as part of the dual track program. The purpose was to develop the MUSA Review Committee and making those people aware of what they had to do to be in place for MUSA. Mayor Ristow asked what has changed as far as transportation since then. The next two pieces of land were Murphy and Finnegan that was suggested to be developed. We need to have 208th Street done and a north-south connection. Mayor Ristow stated he is not opposed to reconvening the committee, but people hear it and everyone will want to get their land in. He wanted to have more transportation routes before more land is allocated. Community Development Director Carroll stated some people that apply get turned down. The Planning Commission can make a recommendation to Council as to the Council Workshop Project Updates July 28, 2003 Page 7 process. If Council wants to place restrictions on who can apply, that can be discussed. Staff wants to do this because every week people come in and ask about areas on the map that do not have houses, asking what is going to happen. Staff tells them Council needs to give direction as to how they want to phase future MUSA extensions. That is the reason for getting the committee together again. If Council only wants to allocate 50 acres in the next five years, that's fine. Then staff knows what to tell people. Mayor Ristow stated there are a lot of other factors that need to be considered. Transportation issues have always been the number one concern. We do not have the routes to keep traffic moving. If they develop Murphy and Finnegan land without additional routes, Akin Road will be suicide by putting more traffic on that road. Staff agreed 20Sth Street and 19Sth Street are critical routes. Council agreed to have staff get a recommendation from the Planning Commission and bring it to Council. Council will see the recommendation in October or November. Councilmember Fitch felt the Council and Planning Commission do not talk enough and would like a joint meeting. He would like this meeting to be held in the middle to the end ofthe process. (Fire Chief Kuchera left the meeting at 8: 15 p.m.) Spruce Street Extension There will be a Community Meeting on July 31 for the community to ask questions, look at maps and hear a presentation. The comments received from the meeting will be used to finalize the draft ofthe Master Plan which will come to the Council August IS. The Planning Commission will review it at their August 12 meeting and make a recommendation to Council. There have been meetings with representatives of the Knutsen's and New Century. Discussions are being held on how to coordinate the AUAR and Master Plan process. They are also interested in what types of uses are allowed. Staff will make recommendations to the Planning Commission regarding permitted and conditional uses at the August, September, and October meetings. Right now there is a list of permitted uses in the Spruce Street district. Some of the things the developer wants to do are already listed as permitted, some are not. The Planning Commission and Council have to add them to the list. Once they are added to the list, it needs to be decided if they will be permitted or conditional uses. The developer wants them all to be permitted. Staff feels there are a couple uses that should be conditional to regulate traffic, etc. The goal is not to prohibit any businesses, just to make them permitted or conditional. If they are determined to be conditional uses it would be to allow some extra oversight. Council agreed with the direction staff is taking. Councilmember Fitch noted the Spruce Street corridor also goes to the east. He asked if there was any discussion regarding opening the area east ofHwy 3. Interim Administrator Siebenaler stated there was discussion of opening Spruce Street when East Farmington was developed. Walnut Street would have to be closed because of highway access issues. There was considerable resistance from residents along Spruce Street. The original study for East Farmington opened it all the way through to allow a gateway to the downtown area. It would take considerable will from the Council to open that up. Councilmember Fitch stated we are closing Main Street. That leaves Elm Street for a corridor. Ifwe are trying to build a thriving downtown, we cannot limit the ways to get Council Workshop Project Updates July 28, 2003 Page 8 to downtown. Unless we look at a longer range plan we do not have a downtown. It will be too inconvenient to get downtown. Once that is done, you will kill the downtown. Some ofthe properties from 3rd Street west are not conducive to a corridor. How do you take care of some of those things while building a downtown that people want to come to? Interim Administrator Siebenaler asked if Council wants staff to explore that possibility with MnDOT. Mayor Ristow replied at a previous meeting with MnDOT, they would allow it, but the city would have to close Elm Street because of the location of the stop lights. That is why Elm Street was extended. The trucks are used to Elm Street, if we send them down Spruce Street, through a residential area, that will not go over well. Community Development Director Carroll stated the Hoisington people and most ofthe transportation people have liked the idea of having that longer east-west connection running through the community. They envision Spruce Street running all the way west to the border to alleviate some of the traffic on Hwy 50. Going to the east would be the same. People have discussed property to the east of East Farmington being annexed into the city. It would make sense for that new residential neighborhood to be able to connect along Spruce Street with the rest ofthe community. The Hwy 3 Access Management Study devoted some attention to intersections and what the spacing should be. There may be some information already regarding opening Spruce Street and what the spacing should be. Mayor Ristow suggested if it was toned down and made more like a parkway and restrict the trucks it might be better. Councilmember Fogarty has received inquiries as to whether there will be covenants in the Spruce Street Corridor area, such as strict aesthetics. Community Development Director Carroll replied there are some that exist now even though there are no buildings. The question is whether to keep them as is or modify them. As part of the process they will be reviewed. The Planning Commission and HRA would like to see high quality development. In some cases you have to have standards that are set high and require people to comply with them. Ash Street Proiect The township has not given the results of their review to the city yet. Their lawyer is reviewing the agreement first and then they want to have another meeting to make sure it is correct. The agreement should be available July 30, and will be in Council's agenda packets. Castle Rock is concerned the city will do a land grab for their commercial area. MOTION by Soderberg, second by Fogarty to adjourn at 8:31 p.m. APIF, MOTION CARRIED. Respectfully submitted, fJr'..~ ;h/?~ Cynthia Muller Executive Assistant 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 AdmiIDstraroV FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - St. Michael's Church DATE: August 4,2003 INTRODUCTION St. Michael's Church is requesting a Temporary On-Sale Liquor License for a Fall Festival to be held September 19-21, 2003. DISCUSSION This event will be held on St. Michael's property located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT A City fee has not been established for a Temporary On-Sale Liquor License. In discussion with the Liquor Control Commission, staffwas informed that the State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. ACTION REOUESTED Approve the attached application for a Temporary Liquor License for St. Michael's Church, 22120 Denmark Ave., for their Fall Festival, September 19-21,2003. The City Council has not adopted a fee for this permit, and has not charged a fee in the past. Accordingly, no license fee is proposed at this time. Respectfully submitted, , ~4,~~ Lisa Shadick Administrative Services Director 7.6 Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE e.l TAX EXEMPT NUMBER 21-/\33 STATE ZIP CODE \'Vl N 550 J.t.t HOME PHONE s CUvt..L o..-S ADDRESS " ADDRESS ,. ,. Location where license will be used. If an outdoor area, describe ;;.;) I ;;J. 0 D t VI l'Y\D...V K ,,<J t.R....- S oc.;C) / fic:) II Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurflPce? H so, the carrier's name and amount of covlirage. (NOTE: Insurance is not mandatory.) C.;ftYIc{lc \N(v...tu-al 1 \'ISUfcl.Vltt. Co. ~ 500,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMl'ITING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY ;:;. rpru'''S-Io /") DATE APPROVED CITY FEE AMOUNT 0 LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city o.r County at least 30 days before the event. PS-09079 (6198) City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers, Interim City Admilistra~ Lisa Shadick, Administrative Services Director FROM: SUBJECT: Set Public Hearing - Liquor License DATE: August 4, 2003 INTRODUCTION A public hearing is required for establishing a liquor license. DISCUSSION Mr. Carlos Alberto Carrillo has requested an On-Sale and Sunday Liquor License for Choice One Minnesota, Inc., dba La Margarita Restaurant, located at 953 8th Street. City ordinance states the request must be reviewed at a Public Hearing. ACTION REQUIRED Set a public hearing for 7:00 p.m., August 18,2003 to review the On-Sale Liquor license application for Choice One Minnesota, Inc. Respectfully submitted, ~d~q~ Lisa Shadick Administrative Services Director 7<2., City of Farmington 325. Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7e1 FROM: Mayor, Councilmembers, Interim City Administra$ Missie Kohlbeck, Senior Center Coordinator .~ \ -\\ \L Patti Norman, Recreation Program Supervisor Y TO: SUBJECT: Adopt Resolution Accepting Donation - Recreation- Rambling River Center DATE: August 4, 2003 INTRODUCTION A donation has been received from Anchor Banle DISCUSSION Farmington Anchor Bank has donated $500 to Rambling River Center for the Pie and Ice Cream Social. Staffwill communicate the City's appreciation on behalf of the Council to the Anchor Bank for their generous donation. ACTION REQUESTED Adopt the attached resolution accepting the donation of $500 for the Pie and Ice Cream Social. Respectfully Submitted, >>/~2'L- )f~A3 Missie Kohlbeck Senior Center Coordinator RESOLUTION No. ACCEPT DONATION OF $500 FOR THE 2003 PIE AND ICE CREAM SOCIAL 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 4th day of August, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Farmington Anchor Bank has donated $500 towards the Pie and Ice Cream Social. 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 $500 from Farmington Anchor Bank to be used for the Pie and Ice Cream Social This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of August 2003. Mayor Attested to the 4th day of August 2003. City Administrator SEAL /e., 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 r FROM: Randy Distad, Parks and Recreation Director SUBJECT: Schools and Conference Parks and Recreation Department DATE: August 4,2003 INTRODUCTION The University of Minnesota Extension Service offers a two-year Certified Festivals and Events Management Course. DISCUSSION Kellee Omlid, Recreation Specialist, completed the Level One course in 2002 and is requesting in 2003 to complete the Festivals and Events Management course. This would involve attending Level Two and Level Three courses. This educational opportunity will allow her to be certified in Festivals and Events Management. She will put this training to use during the annual Dew Days planning as well as looking to potentially create other new festivals and/or events. Attached is reference information about the course work offered. BUDGET IMPACT The early bird registration rate to attend the Level Two and Level Three courses will be a total of $389.00 if registering prior to September 1,2003. Ifregistering after this date, the fee is $428.00. The 2003 Parks and Recreation Budget included funds for registering for the Level Two and Level Three courses. ACTION REQUESTED Approve this request. ~.^.~e~ct.fu. lIy Sf"rltted, , !L(~~ ~ Randy Distad, Parks and Recreation Director Certified Festival Management Page 1 of 1 ... ToZlrlSln C,ENTER UNIVERSITYOf lvlJN:\ESOTA Extension PART OF T'"E SERVICF Programs - Center News About tlte Center .ograms Research International Projects Publications L.... a Resources GMstbook Emall Us Site Directory Search Our Site I f - 4 CFM Home 4 Leve' ONE. Level TWO 4Level THREE .Register Now! CFM II October 9 -11 , 2003 Early-Bird Registration: $ 275 After September 1, 2003: $299 This 3-day, 18-hour course covers: Crisis & Risk Management . Design a comprehensive risk management program . Deal with city and county officials on rules and regulations . Examine details of event insurance policies Sponsorship . Design your event as a sponsorship platform . Develop effective sponsorship campaigns and proposals Marketing & Promotion . Determine appropriate and viable target markets . Incorporate market research into an overall marketing plan . Formulate and implement a comprehensive marketing plan for the organization I event . Build customer benefits into your event . Forecast market potential (demand) for events L~vel ONE I Level TWO I LevelThr~e Register Now and reserve your place in CFM's 2003 Classes For additional information contact ~ent~ustQfsQIL Tel: 612-625-8274; E-mail:kgLJ~taf@urlln.ElQl.J Center Rescat.~h Programs International News . Proje;;l., ~ Publicati::Jns Llr',ks & Slle GJ~5~b:.:~. Resowces r;'I~F'ctr:r:,. http://www.tourism.umn.edu/zcfm2.html 7/17/03 Certified Festival Management ... ToltrlSm C-:ENTER Page 1 of 1 UNIVEIlSITYOF MIN~E5OTA Extension PART OF THE SERVICF Programs - Center News About tile Center ,**"ograms Research Internatlo..... Projects Publications LiRks & Resources Glitestbook Emall Us Site Directory Search Our Site I I - . CFM Home . Level ONE . Level TWO tLeV8J THREE tRegister Nowl CFM III October 11, 2003, 1 :00 - 4:00 p.m. Early-Bird Registration: $114 After September 1, 2003: $129 This 3-hour workshop will concentrate on a different industry topic each year. The Topic for Fall of 2003 is: The Holidazzle Parade: Responding to an Event Crisis Lev~J One IL_~_Y~LDIV_Q I Level Three R~gister NQw and reserve your place in CFM's 2003 Classes For additional information contactK~ntGlJstc:lfS9n, Tel: 612-625-8274; E-mail:kglllilal@.LJmrl.~~ll j Center Research Programs International ,New:, _ ' PrOJect!; . Publit;ations L,",ks & . 5,k Gu~~~b:J~. _ReR~).Jrr.?s r,l1fPctr:Pl http://www .tourism.umn.edulzCFM3.html 7/17/03 7~ City of Farmington 325. Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us . TO: Mayor, Council Members and Interim City Adntinistra~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Resignation - Parks and Recreation DATE: August 4, 2003 INTRODUCTION The City has received notification from Mr. Wade Enggren of his resignation from his position as Solid Waste Operator in the Department of Parks and Recreation. DISCUSSION Mr. Enggren has been employed with the City as a Solid Waste Operator since February 4,2003. His resignation was effective July 24, 2003. ACTION REQUESTED Acknowledge the resignation of Mr. Wade Enggren effective Thursday, July 24,2003. Respectfully submitted, A A/ /.1 ~;,.)t(.~Ldlr-..,:>;'2f(",u(,t~'&'l:"C' Brenda Wendlandt, SPHR Human Resources Director CC: Personnel File City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers and Interim City Administra~ Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Appointment Recommendation - Parks and Recreation Department DATE: August 4, 2003 INTRODUCTION The recruitment and selection process for the appointment of a full-time Solid Waste Operator to fill a vacant position in the Department of Parks and Recreation has been completed. DISCUSSION After a thorough review by the Parks and Recreation Department and the Human Resources Office, an offer of employment has been made to Mr. Jeffrey Jones, subject to ratification by the City Council. Mr. Jones has worked for Northwest Airlines since 1988 and has operated various types of equipment. He meets the minimum qualifications for the position. BUDGET IMP ACT Funding for this position is authorized in the 2003 budget. RECOMMENDATION Approve the appointment of Mr. Jeffrey Jones as Solid Waste Operator in the Department of Parks and Recreation effective on or about August 5, 2003. .. Respectfully submitted, c ./'''\ >' .' .-- . 11, /-:xi'1 .l/,~ 1.)21 '.yk/'..-<f............/.}.<:. 'Ie- ". Ie C Brenda Wendlandt, SPHR Human Resources Director CC: Personnel File 07h 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 Admimstra$ Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Consider Resolutions - 2003 Seal Coat Project, 195th Street West Improvements, 209th Street - Street & Utility Improvements DATE: August 4, 2003 INTRODUCTION /DISCUSSION The 2003 Seal Coat Project, 195th Street West Improvement Project and 209th Street - Street & Utility Improvement Project are substantially complete. The final project costs for these projects will be allocated using the methodology presented at their respective project hearings. BUDGET IMPACT The final project costs and proposed assessment rolls will be available prior to the assessment hearings. The Council would consider adopting the final project assessment rolls at the assessment hearings for the projects. ACTION REQUESTED Adopt the attached resolutions directing staff to prepare the final assessment rolls and setting the assessment hearings for the 2003 Seal Coat Project (Project 03-02), 195th Street West Improvements (Project 01-16), and 209th Street - Street and Utility Improvements (Project 01-08) for September 15th, 2003. Respectfully submitted, ~111~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -03 CALLING FOR PUBLIC HEARING - PROJECT NO. 03-02 - 2003 SEAL COAT 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 ofthe 4th day of August, 2003 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, a contract has been let and costs have been determined for the following improvements: Proi. No. 03-02 Description Seal coating Location various - see Attachment A ; and, WHEREAS, the improvements for the project are complete. NOW, THEREFORE, BE IT RESOLVED that: 1. Staff is hereby directed to prepare the proposed final assessment roll for the project. 2. A hearing shall be held in the Council Chambers in City Hall on the 15th day of September, 2003 at 7:00 p.m. to act upon such proposed assessment at such time and place and all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and the clerk shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Notice shall be provided in accordance with the requirements provided under M.S. section 429.061 subdivision 1. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 4th day of August, 2003. Mayor Attested to this _ day of ,2003. Interim City Administrator SEAL Streets 183rd Street West Elm Tree Circle Elkwood Avenue Lower 183rd Street Upper 183rd Street West Echo Drive Edgewood Court 185th Street West Eldorado Way Embers Avenue Euclid Street 188th Street West Exclusive Path 1 89th Street West Excalibur Trail Evensong Avenue Everest Path Everhill Avenue Exchange Trail Executive Path Oak Street 3rd Street 12th Street l3lh Street 14th Street Locust Street Larch Street Sunnyside Drive Sunnyside Circle Centennial Drive Centennial Court Centennial Circle Fairview Lane Fairview Circle Park Drive Heritage Way 6th Street Attachment A Location Embers Avenue to Echo Drive All Upper 1 83rd Street West to Emerald Trail Elkwood Avenue to Echo Drive Embers Avenue to east phase line of Dakota Estates 71h Addition Edgewood Court to Emerald Trail All West phase line of Dakota Estates 81h Addition to Edgewood Court 1851h Street West to Upper 183rd Street West North phase line of Dakota Estates 81h Addition to south phase line of Dakota Estates 81h Addition Euclid Path to Upper 183rd Street West Everest Path to west phase line of Nelsen Hills Farm 71h Addition 1881h Street West to Everest Path Everest Path to west phase line of Nelsen Hills Farm 71h Addition 1 891h Street West to Everest Path North phase line of Charleswood 2nd Addition to south phase line of Charleswood 2nd Addition North phase line of Charles wood 2nd Addition to Evensong Avenue Everest path to west phase line of Charleswood 2nd Addition Everhill Avenue to south phase line of Charleswood 2nd Addition Everhill Avenue to south phase line of Charles wood 2nd Addition 2nd Street to 41h Street Elm Street to Spruce Street Walnut Street to Larch Street Walnut Street to Larch Street Walnut Street to Larch Street 11 th Street to 141h Street Illh Street to 14th Street Ash Street/c.R. 74 to Centennial Drive All All All All All All All from 6th Street to Trunk Highway 3 Heritage Way to south phase line of Sunnyside Addition RESOLUTION NO. R -03 CALLING FOR PUBLIC HEARING - PROJECT NO. 01-16- 19Sth STREET WEST EXTENSION 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 ofthe 4th day of August, 2003 at 7:(J0 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, a contract has been let and costs have been determined for the following improvements: Pro]. No. 01-16 Description 1951h Street - West Extension Location From Flagstaff Avenue to the existing pavement west of Pilot Knob Road. ; and, WHEREAS, the improvements for the project are complete. NOW, THEREFORE, BE IT RESOLVED that: 1. Staff is hereby directed to prepare the proposed final assessment roll for the project. 2. A hearing shall be held in the Council Chambers in City Hall on the 15th day of September, 2003 at 7:00 p.m. to act upon such proposed assessment at such time and place and all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and the clerk shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Notice shall be provided in accordance with the requirements provided under M.S. section 429.061 subdivision 1. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of August, 2003. Mayor Attested to this _ day of ,2003. Interim City Administrator SEAL RESOLUTION NO. R -03 CALLING FOR PUBLIC HEARING - PROJECT NO. 01-08- 209th STREET - STREET & UTILITY IMPROVEMENTS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmingtqn, Minnesota, was held in the Council Chambers of said City ofthe 4th day of August, 2003 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, a contract has been let and costs have been determined for the following improvements: Proiect No. 01-08 Description Street & Utility Improvements Location 209th Street West between Chippendale Avenue (Trunk Highway 3) and Cantata Avenue West. ; and, WHEREAS, the improvements for the project are complete. NOW, THEREFORE, BE IT RESOLVED that: 1. Staff is hereby directed to prepare the proposed final assessment roll for the project. 2. A hearing shall be held in the Council Chambers in City Hall on the 15th day of September, 2001 at 7:00 p.m. to act upon such proposed assessment at such time and place and all persons owning property affected by such improvement will be given an opportunity to be heard with refereno' to such assessment. 3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment te be published once in the official newspaper at least two weeks prior to the hearing, and the clerk shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice tc !)e given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Notice shall be provided in accordance with the requirements provided under M.S. section 429.061 subdivision 1. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of August, 2003. Mayor Attested to this _ 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, Council members, Interim City Administrator FROM: Robin Roland, Finance Director SUBJECT: Cataract Fire Relief Association 2004 Pension Request DATE: August 4, 2003 INTRODUCTION The Farmington Fire Department Cataract Relief Association has submitted its request for the 2004 pension benefit and municipal funding for that organization. DISCUSSION & BUDGET IMPACT The Board of Directors met on July 22,2003 and approved a request to the City of Farmington to increase the annual benefit to $3,050, effective January 1, 2004. The City's contribution to the Fire Relief Association in 2004 is proposed at $55,000. The request to increase the annual benefit is the first such request since 2000. A historical compilation of pension benefits is included with this memo. Council should be aware that approving this increase, in conjunction with the current investment environment and the staffing levels of the fire department, could result in a required statutory contribution in excess of the budgeted $55,000. Under state law, the City's required statutory contribution is computed after the Relief Association's annual audit is completed. Therefore, the actual amount of the contribution would be known in June 2004. If the pension request is approved, the City would contribute no less than $55,000 in 2004 but may be required to contribute more (as is reflected on the "Officer Certification" page 5 attached). ACTION REOUIRED Consider approval of an amendment to the Fire Relief Association by-laws increasing the annual pension benefit to $3,050 effective January 1, 2004. ~il?' Robin Roland Finance Director City of Farmington Fire Pension Levy I Benefit City Annual Year Contribution Firefighter Benefit 1992 $ 14,326 $ 1,200 1993 $ 28,483 $ 1,400 1994 $ 30,567 $ 1 ,450 1995 $ 34,375 $ 1,550 1996 $ 45,000 $ 1,600 1997 $ 45,000 $ 1,650 1998 $ 45,000 $ 1,750 1999 $ 50,000 $ 2,000 2000 $ 50,000 $ 2,300 2001 $ 50,000 $ 3,000 2002 $ 55,000 $ 3,000 2003 $ 55,000 $ 3,000 2004 Request $ 55,000 $ 3,050 Date: July 31, 2003 To: Mayor & City Cooncil From: Farmington Fire Department Cataract Relief AssociatiQn Subject: Association Pension Request for 2004 The Board ofDiI:ectors.ofthe-Farmingron.Fy.e-Department Cataract Relief Association met on July 22, 2003 to discuss the 2004 pension request. After much discussion the Board felt that an increase in oor yearLy. pension. was-in order for a ooup1e. of r~sons; 1. The Association has not had an increase in three years. 2. The economy. seems- tobetumingarouml- and our investments- have sb.own to be performing since the first of the year. The. Cataract Reliet'Association-is r.equesting a yearly increase-in the pension 01'$-50.00 which would put it at $ 3,050.00 per year. The city's contribution would be $55,000.00. If you- have any quest~pleasefeeLfr-ee.to.contactPresident Bill Sauber" Treasurer Jay Clinkscales, or myself Thank you. Respectfidlr submitted, ~[.I~ Thomas--R ~sh Secretary .. C. c. Dan SiebenaleI:, Acting CitYpAdministrator Robin Roland, City Finance Director Cataraet-Boafdof~ors File ENTRIES 1 (See Instructions for ScheduLes if unsure what data to enter) Use your tal> key or mouse pointer to move through hiue-colored data entry ceLLs. o Enter Relief Association using pull down men u. . . . . . . . . . . . . . . .1 o Enter the annual benefit amount effectivc for 200~. . . . . .. . . . . . . . . . . . . . . . . . . . .1 o Complete Schedule I . (pages 1, 2a, 2b and 2c) o Click tab for Page 4 at bottom of this screen to move to Section 5 of Schedule II. - Fill in columns a,b,c and d in Section 5. Page 4, then retum to this page - Entries 1. - Section 5 must be adjusted nHlIlu<llly each yem. CATARAcrl 3,050 I o o [?] Enter Minnesota State Fire Aid using thc 2002 amount, excluding supplemental income. sl 901,6781 sl 60,9281 . . . . . sl 55,000 I Enter the Special Fund Ending Assets from thc Rcporting Form - 2002. Enter the calculated municipal contrihution from thc 2002/2003 Schcdules I & II, plus any voluntary contribution received or to he receivcd in 2003. . . . . .. ...... o Donations (List) 1. 2. 3. s $ $ Swn of Donations ...................... sl 01 ~ Estimated interest income (projected for 20(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . $1 45,000 I G Estimated net appreciation (depreciation) in fair market valuc of invcstment.~ in 2()()3 . .. . . . . . sl o Other income (projected for ;003) - lncludc Supplcmental Bencfit Rcimbursemcnts. \. S 01 - 2. 3. $ S Swn of Other Incqme .................................. sl 01 G G G Enter pension benefits pllid to date plus tho.sc estimatcd through Dccember 31,2003. . . . . sl .sl 01 01 Enter other benefits (survivor, disability or funel'lll bencfits) to be paid in 2003. . Administrative expense you EXPECT to pay from thc ~pecial Fund during 2003. - Amount paid to date l?LUS any expectecl for remaincler of yem . 2,500 I 2,000 I G . $1 sl G (523,134) I the deficit worksheet. If Item 16 = () or IS blank, click the "PIZINT Fe lRM" button bclo\\ Form SC-03 CATARACT Entries 2 ENTRIES 2 You must complete Items 1- 15 on the previous page (Entries 1) before completing Item 17. Read Steps A, B, C. Use your tab key or mouse pointer to move through blue-colored data entry cells. [!2] Fill in the prioT deficits from the 2002/2003 Schedules, with the amortization of deficit for last year added on to last year's Schedules. A. Using last year's Schedules, enter orh!inal deficit amounts in Column 1 below. B. In column 2 enter the amount "retired in prior years" from last year's Schedules, plus the deficit amount amortized this year. C. The deficit ta~le on Page 4 of the Schedules should be complete. (Go to Page 4 to check input.) liiliili.ti~~lfllli:I~lrlll'111~111111 Column 1 Column 2 Column 3 Year Incurred 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Totals Original Amount Amount Retired in Prior Years (p 3, sec 2, line 8) m. (sum col 3) n. ( m - n) o. Amount Step 1 Step 2 Step 3 Preliminary Amt Calculation to perform Final Amount Left to Retire - Logical Test for Amt to Left to Retire if Running Sum reduce if Deficit Exists a Deficit _Exists 0 -200,254 0 0 _ __-.:200,254 0 0 . -::200,254 0- -200,254 0 0 -200,254 0 0 -200,254 0 0 -200,254 0 154,171 -200,254 154,171 322,880 -354,425 168,709 ICurrent Deficit, if Any ~ (523,134)1 Left Before Adjusting o o o o o o o 154,171 I 68,7G9 200,254 523,134 523,134 322,880 200,254 Form SC-03 Page 1 SCHEDULES 1& II FOR LUMP SUM PENSION PLANS REPORTING YEAR 2003 DETERMINATION OF PLAN LIABILITIES & REQUIRED MUNICIPAL CONTRIBUTION IN 2004 Relief Association CATARACT County DAKOTA SCHEDULE I Schedule I estimates the pension liabilities ofthe relief association Special Fund for all of its members based on their years of active service with the fire department at the benefit level of $ 3050 per year of service. 1 2 3 4 5 6 7 8 9 Name --------------- ----------- ------------------- ---------------------------------- ..------..--------------......-...-----.....- Leaves of 2003 2004 Date of Age 031eo1' Absence thru To End of This Year To End of Next Year Birth on c"" 12/31/03 Years of Accrued Years of Accrued Last, First, cc. u mrn-dd-yy 12/31/03 Yrs. I Mos. Service Liability Service Liability KUCHERA, KEN , 33 100,650 08-12-46 57 12-01-71 , 32 97,600 - 1. , , CURTIS, BOB 10-29-52 51 12-01-73 , 30 91,500 31 94,550 2. , , , , THELEN, DAN 12-29-51 52 03-01-75 , 29 88,450 30 91,500 3. , , , , SAUBER, JERRY 05-08-54 49 01-01-76 , 28 85,400 29 88,450 4. , , , , BLAHA, FRANCIS 05-31-56 47 10-01-80 , 23 70.150 24 73,200 5. 6. THRAEN,TERRY 10-23-52 51 07-01-82 22 67,100 23 70,150 7. PIETSCH, TIM 06-13-61 42 12-01-82 21 64,050 22 67,100 8. DOLL, BOB 02-18-57 46 12-01-82 21 64,050 22 67,100 9. LAWRENCE, GARY 07-02-49 54 10-01-83 , 20 61,000 21 64,050 , , SAUBER, BILL - 11-10-56 47 10-01-83 , u 20 61,000 21 64,050 10. , , , MEYERS, JIM 06-04-60 43 10-01-83 , 20 61,000 21 64,050 II. , - , , HEMISH, TOM , 01-20-63 40 06-01-86 , 18 51,789 19 56,242 12. , , 13. JACOBS~l'J,_~FF - tJ 1-10-64 39 06-01-86 : 18 51,789 19 -56,242 - AUGE,TOOO ~ 02-23-65 38 06-01-86 - 18 u_ 51,789 19 56,242 14. 15. KlNDSETH. MARK 02-21-68 35 09-01-86 17 47,580 18 51,789 16. CLINKSCALES, JAY . 07-14-60 43 04-01-89 15 39,772 16 43,554 17. LARSON,_TRENT 04-14-65 38 04-0.1-89 15 39,772 16 43,554 18. CORRIGAN, TROY 02-19-67 36 - 04-01-89 15 39,772 16 43,554 ADELMANN, JEFF , 36,112 15 39,772 19. 02- 13-56 47 02-01-90 0 14 0 0 PARKER, BRAD 03-14-62 41 05-01-90 0 14 36,112 15 39,772 20. 0 0 0 , KUEHN, KEVIN 04-08-62 41 09-01-90 , 13 32,635 14 36.112 21. , , KINDSETH;IODD 04-18-70 33 09~01-90 , 13 32,635 14 36,112 22. - , - , MEYER, DAN 06-03-55 48 12-01-90 , 13 32,635 14 36,112 23. , , ELLINGSWORTH, BOB , 26,169 24. 10-28-59 44 03-01-94 , 10 23,180 11- , , LINDSTROM, RON , - 26,169 25. 10-05-64 39 03-01-94 , 10 23,180 11 . 0 1,350,052 1,436,245 Fractional years of service must be calculated 10 nearest full year. Do not enter data here for any person to receive their pension during this year. Enter instead on Schedule n. Sec.!, Line g. A copy of these schedules must be presented to the City Council before August 1 of each year. 'Form SC-03 CATARACT Page 2a SCHEDULE I - ADDITIONAL ACTIVE MEMBERS 1 2 3 4 5 6 7 8 9 ..---- -----...----..---------------...-..---....-........------......... --_..-------- ---------- -------...---- -..-----.....------ ..................... ---- ----...----_...... .....-........-- ---...........--....--.. Name . Fire l)ept. Leaves of 2003 2004 Date of Age Uate()f Absence thru To End of This Year To End of Next Year Birth on Entry 12/31103 Years of Accrued Years of Accrued Last,. .. First,. . Middle Initial mm-dd-yy 12/31/03 .11lm~dd-yy Yrs. T Mos. Service Liability Service Liability 26. VERCH, TERRY 10-30-60 43 09-01-94 9 20,313 10 23,180 27. KISER, MIKE 10-06-66 37 06-01-96 8 17,568 9 20,313 28. TULLAR, JOE o 1- 1 0-72 31 06-01-96 8 17.568 9 20,313 29. WISE, MIKE 04-19-63 40 07-01-97 7 15,006 8 17,568 30. LERBAKKEN, STEVE 08-24-64 39 07-01-97 7 15,006 8 17.568 31. JACOBSON, MARK 04-06-70 33 07-01-97 7 15,006 8 17,568 32. ROGNLIE, CHAD 05-15-72 31 07-01-97 7 15,006 8 17,568 33. SENDER, DAVE 01-28-74 29 02-01-01 3 5.795 4 7,930 34. SCHMITZ, JIM 02-03-71 32 02-01-02 2 3.782 3 5,795 35. BAUMAN, JOHN - 01-19-68 35 02-01-02 2 3,782 3 5,795 36. ELVESTAJ),nJSTnN 08-22-81 22 01-01-02 2 3,782 3 5,795 37. V ANDERLnNDE, TIM 09-26-80 23 01-01-02 2 3,782 3 5,795 38. FISCHER, AJ)AM 06-06-80 23 01-01-03 1 1,830 2 3,782 39. NEW MEMBER 01-01-80 23 12-31-03 0 0 1 1,830 40. NEW MEMBER 01-01-80 23 12-31-03 0 0 1 1,830 41. NEW MEMBER 01-01-80 23 12-31-03 0 0 1 1,830 42. 43. . , 44. 45. 46. 47. 48. . 49. - - 50. -- 51. , 52. 53. 54. -- 55. 56. -- , - , ~ , 57. - - , , , 58. , , 59. , , , 60. - , , , , 61. , - , , , 62. , 63. , , - -T , 64. , , - , , 65. , , , ;$ijijm1~1:9.tB.i..r:l~g~!i1.:ljJ.~ij~dty . - - '.-"""'" .... ..---- . - .. ... . . .. 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CI) CI) ~ ;> ;> ::3 .... ..Q - = -a -a .9 '€ .~ '" t:: <<l CI) IJ... IJ... IJ... a(:l a(:l .... <<l ..Q ..Q ~ "3 ~ CI) J,.1., ~ '-" ....... "1:S "1:S 0 CI) CI) t:: t:: ta ~ ~ - 0 CI) CI) E- O 0 Form SC-03 CATARACT \ Page 3 Schedule II Section 1 Projection of net assets for the year ending December 31, 2003 Special Fund Assets at Decembcr 31, 2002 (See Ending Assets on 2002 Reporting Form) Projected Income to December 31, 2003: a. Minnesota State Fire Aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60,928 (Use 2002 amount, excluding Supplemental Benefit Reimbursements) b. Municipal/Independent Fire Dept. Contributions. . . . . . . . . . . . . . 55,000 c. Donations (List ) . . . . . . . . . . . . . . . d. Interest and Dividends. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45,000 e. Net Appreciation (Depreciation) in Fair Market Value of Investments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. Other Income (Include Supplemental) . . . . . . . . . . . . . . . . . . . . . . . Total 1 $ 901,678 2 $ 160,928 3 $ 1,062,606 Projected Assets plus Income at December 31, 2003 == Line I plus Line 2 Projected Disbursements through End of Year: g. Pensions (Iflisted here, don't include on Schedule I) . . . . . . . . . . . . h. Other Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i. Administrative........................................ 2,500 Total Projected Assets at End of Year == Line 3 minus Line 4 ' 4 $ 2,500 5 $ 1,060,106 Section 2 Projection of Surplus (Deficit) as of December 31, 2003 2003 Accrued Liability Surplus or (Deficit) == 5chedule 1, Page 2b, Line B 6 $ 1,060,106- 7 $ 1,583,240 8 $ (523,134) Projected Assets == Line 5 == Line 6 minus LIne 7 Deficit Projectedfor 2003. Table on sheet labeled Entries 2 must be completed. . Section 3 Determination of Municipal Contribution (if Surplus) Normal Cost == Schedule 1, Page 2b, Line C 9 $ Calculated Administrative Expense == (RF-02 Admin. Exp. Less: j. Minnesota,State Fire Aid . . . . . . . . . . . . . . . . . k. 5% of Line 5. . . . . . . . . . . . . . . . . . . . . . . .. .. I. 10% of Surplus. . . . . . . . . . . . . . . . . . . . . . . . . Total Subtractions $ x 1.[35 ) 10 $ f1$ Municipal Contribution == Line 9, plus Line 10 minus Line 11 12$ You must certify to the municipality before August 1, 2003, even if no contribution is due. Completc Scction 5 now if yon havcn't already donc so. Form SC-03 CATARACT Page 4 Section 4 Amortization of Deficits Determination of Municipal Contribution (if Deficit) Colullln I Colullln 2 Amt Retired 12/31/2003 Colul1In 3 Left to Retire 111/2004 Year Incurred Original Amount 1994 1995 1996 1997 1998 1999 2000 2001 2002 171,301 17,130 154,171 187,454 18,745 168.709 m. 523,134 (Sec. 2, line 8) n. 322,880 (Col. 3 Subtotal) o. 200,254 (m. minus n.) Step # 1 If line 0 is positive, enter line 0 in columns 1 and 3 of New additional Deficit (2003) line. (This is your New additional Deficit for 2003.) Step # 2 Ifline'o is negative, reduce columns 2 and 3 according to Deficit Reduction in the instructions. 559009 x 0.10 13 $ 55,901 14 $ 125,900 2000 x 1.035 15 $ 2,070 16 $ 183,871 60928 53005 17 $ 113,933 18 $ 69,938 Amortization of Deficit (Total from Column 1) . . . . . . . . . . . . . . . . . . . . . . . . . Total from Schedule I, Page 2b, Line C (Normal Cost) Calculated Administrative Expense (2002 Reporting Form Admin Exp) . . . . . . . . . . . . . . . . Subtotal Lines 13 plus 14 plus 15 Less: p. Minnesota State Fire Aid . . . . . . . . . . . . . . . . . . . q. 5% of Line 5 . . . . . . . . . . . . . . . . . . . . . . Total Subtractions (Subtotal of Lines p and q) Municipal Contribution (line 16 minns line 17) You lnust certify to the municipality before AuguST 1, 2003, even if no contribution is due. Section 5 Testfor Maximum Benefit Allowed . CalCulation of average Special Fund income per member Enter data in blue-shaded cells. Use whole A B C D dollar amounts. Reference prior year fonns. .......................... ............................ ............................................ ................... ....... Slale Fire Municipal IO%of Aclive Aid * SlIpporl Surplus_ Members _. Last year 2002 ? RF-02 SC-02 2 years ago 2001 : _2 RF-Ol - SC-OI u 3 years ago 2000 > RF-OO sc-oo (A+B+C)+D= E ................................. Per Year Average * Received or Receivable F. Average available.~nancing per active member for the most recent 3-year period (Sum ofCal. E + 3) $ G. Maximum benefit level per statutory schedule effective through 12130/03. . . . . . . . . . . . . . . . . . . '.' . . . .. . . .. .. . . $ H. Maximum benefit level per statutory schedule effective 12/31103. . . . . . .................... $ Lines G and H reflect your maximum bendit \evel for the periods cited. You mav not establish a higher benelit level. These figures will be identical in all cases except where average available linancing yields a maximum at the statutory cap. Form SC-03 CATARACT Page 5 OFFICER CERTIFICATION (Form must be provided to municipal clerk on or before August 1, 2003) CATARACT We, the officers of the Relief Association, certifY that the accompanying schedules have been prepared in accordance with the provisions of Minn. Stat. ~ 69.772. Further, benefit levels have been established in accordance with the average amount of available financing and do not exceed the maximum benefit level calculated in Section 5, as required by Minnesota law. We certifY that based on the fmancial requirements of the Relief Association's Special Fund for the 2003 calendar year, the required 2004 municipal contribution is $69,938 . If the bylaws of the Association have changed in the most recent year, we have attached a copy of the amendment. If municipal approval of this amendment is required under Minn. Stat. ~ 69.772, subd. 6, we have also enclosed a copy of the municipal ratification. Signature of President Date Signature of Secretary Date Signature of Treasurer Date MUNICIPAL CLERK CERTIFICATION ( For Municipal Fire Departmellts Dilly) I am the municipal clerk of . I received on _/ _/ _ ' the completed Office of the State Auditor Schedules I & II from the CATARACT Relief Association. I have reviewed Sec. 2 line 8, Sec. 3 line 12, and Sec. 4 line IS of Schedule II. If line] 2 or line] Sretlect a required municipal contribution, I certity that I will advise the governing municipal body at its next regularly scheduled meeting. 'Signature of Clerk Date . ( ) Business Telephone .W ARNING: This document must be fully completed. certified by the relief association officers. forwarded to the municipal clerk, andfiled with the Office of the State Auditor as required by 1vlinnesota Law. Failure to file this document, whether or not a municipal contribution is due. will result in ineligibility for state fire aid, as required by M~nnesota state law. Office of the State Auditor Pension Division 525 Park Street, Suite 400 S1. Paul, MN 55103 Fax numher: (651) 282-2391 Please retain a copy of this form for your records. CITY OF FARMINGTON, MINNESOTA The B-y-Laws..of the. Cataract Eire Department Relief Association shall be aDlepded in Article vn and Article vm to read as follows: $-3,050.00 (ThRe.l'housand Fifty Dollars) replacing '$ 3,000.00 (Three Thousand Dollars). This amendment is-etTectiveJanuary-l~~004. Cataract Relief Association Presldent Approved by the Farmington City Council on August 4, 2003 AdingCityAdministr-ator 7' o DRAFT 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 A venue 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. Stafffelt 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. Respectfully Submitted, Randy Distad Parks and Recreation Director and Recording Secretary '1)a... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: ~,Lf~ . Mayor, Council Members, Interim City Administrator FROM: Jim Atkinson Assistant City Planner SUBJECT: Easement Vacation - Bristol Square 4th Addition DATE: August 4, 2003 INTRODUCTION / DISCUSSION The City Council approved the final plat for the First Addition of Bristol Square in 1998. The approved plat included perimeter easements around all outlots, including those designated as outlots for the development of future phases of Bristol Square. In the time since the First Addition was approved, the configurations of Outlots "I" and "J" were slightly modified to accommodate a new design for the 4th Addition. The modification caused the easements platted with the First Addition to be inconsistent with the configuration of the Fourth Addition. The final plat of Bristol Square Fourth Addition was approved by the City Council on January 21, 2003. In order for the County to record the final plat, the existing easements associated with the First Addition must be vacated. When the easements are vacated, the Fourth Addition could be recorded, thereby providing new drainage and utility easements. ACTION REQUIRED Adopt the attached resolution vacating the described drainage and utility easements in the Fourth Addition of Bristol Square. Respectfully submitted, q~ct:- Jim Atkinson Assistant City Planner z o ~ o o <1:' ~ (f) 0::: l.L W 0:: <:t :::> .0' (/'). ..J o ~ (f) 0::: ID aty.lKI IflI" .ihi""iiU''''7'-- .,.~... '" .,,- '''' '" .",. ".' i-.':. N;j ('~ .., I 'r~ :.~ t1 't' ." :.J t_"- '" ....,IIl....anJIluIOa;:;.~.:;_ -...~ '^ ..I; ,&0 .0 S 7Z::::. 8~"ld .. ::"';t; ... :_i z 11':1. ~ 0 g~-i .. = =hj ~ ! J !jJ c eft _Cl_ 00 u'.. , I , I I i I I I I f j ...n,II.DS '" ....--!!-~ ..; . ..1....." ,....1. i i\ i :.:' ,U;,&Z. , , ~:if ..; ~:! ril' :: i .:;'~. ~'!J auno ':\ I; ~I "";:.., i :1 --'~'" I'l ... o .J ... ? o -. " -& ~ ~ ., .. ur_~01J.nO : ",'OCt-.. -. 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I' V ~ '. :l ~ , ~ a ... . ~ .. RESOLUTION NO. A RESOLUTION VACATING AN EASEMENT 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 4th day of August, 2003, at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City Council approved the final plat for Bristol Square 4th Addition on January 21,2003; and WHEREAS, existing easements platted in conjunction with Bristol Square l5t Addition are inconsistent with the configuration of the 4th Addition; and WHEREAS, the existing easements must be vacated prior to the recording ofthe 4th Addition by Dakota County; and WHEREAS, pursuant to Minn. Stat. S 412.851, the Farmington City Council has conducted a hearing preceded by published and posted notice to consider the easement vacation requested by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington: 1. The drainage and utility easements shown on the Bristol Square 15t Addition plat located at the perimeter of Outlot I and Outlot J are hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Dakota County, Minnesota. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of August, 2003. Attested to the _ day of August 2003. (SEAL) CITY OF FARMINGTON Mayor Interim City Administrator /OQ.., 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 ArJmjnistrat~ Randy Distad, Parks and Recreation Director FROM: SUBJECT: Approve Donation DATE: August 4, 2003 INTRODUCTION Premier Banks has expressed an interest in donating up to $10,000.00 towards the purchaSe of a new scoreboard at the Arena but has requested that several conditions be placed on the donation. DISCUSSION Dwight Bjerke, Facilities Maintenance Supervisor, approached Premier Banks about their interest in purchasing advertisement space at the Arena. During the course of the conversation, Dwight mentioned that the City would be purchasing a new scoreboard at the Arena and wondered if Premier Banks had any interest in donating money towards the purchase ofa new scoreboard in exchange for advertising their name on the scoreboard. Premier Banks responded that they would be interested in donating up to $10,000.00 towards the purchase of the scoreboard, but would do so on three conditions: 1. They would be able to have exclusive advertising rights on the scoreboard for the life of the scoreboard. 2. They would be able to have two years of advertising on the Arena's resurfacer at no cost. 3. Allow Premier Banks to have the first right of refusal for purchasing advertisement on the resurfacer after the initial two years of free advertisement have expired. BUDGET IMPACT The condition of having two years of advertising at no cost on the Arena's resurfacer, will result in the City not having an opportunity to generate $500 per year in advertisement fees. Currently no one has purchased advertisement space on the resurfacer. Purchasing this scoreboard would also eliminate the maintenance costs associated with operating the existing scoreboard. ACTION REQUESTED Approve the attached resolution with the conditions of the donation stated. E.~es .ectfullY Subli~~d, () /) (n<a.f)~ andy ~~d, Parks and Recreation Director cc: Dwight Bjerke RESOLUTION No. ACCEPTING DONATION OF $10,000.00 FROM PREMIER BANKS FOR A NEW SCOREBOARD AT THE CIVIC ARENA 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 4th day of August, 2003 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Premier Banks are willing to donate up to $10,000.00 towards the purchase of a new scoreboard at the Civic Arena; and. WHEREAS, it is in the best interest ofthe City to accept such donations; and WHEREAS, Premier Banks are willing to make the donation in exchange for exclusive advertising on the scoreboard for the life of the scoreboard and two years of advertising on the Arena's resurfacer at no cost. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of up to $10,000.00 from Premier Banks to be used towards the purchase of the scoreboard. BE IT FURTHER RESOLVED that the City of Farmington agrees to the following conditions being placed on the donation: 1. Allow Premier Banks to be the exclusive advertisers on the scoreboard for the life ofthe scoreboard 2. Allow Premier Banks to have exclusive advertising on the resurfacer for two years at no cost. 3. Allow Premier Banks to have the first right of refusal for purchasing advertisement on the resurfacer after the initial two years of free advertisement have expired. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of August 2003. Mayor Attested to the 4th day of August 2003. Interim City Administrator SEAL 10.6 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Council Members, Interim City Administrator Itf~ FROM: Jim Atkinson Assistant City Planner SUBJECT: Wetland Alteration Permit - Meadow Creek Third Addition DATE: August 4,2003 ATTACHMENTS: 1. Memo from John Smyth dated July 12, 2003 2. Wetland Location Map 3. Wetland Cross Section 4. Wetlands Permit Application Narrative INTRODUCTION The final Plat for Meadow Creek Third Addition was approved by the City Council on June 16,2003. In association with the project, the developer has also applied for a wetland alteration permit. An application is required when projects impact water/wetland resources regulated by local, state and federal agencies implementing the MN Wetland Conservation Act (WCA) of 1991. DISCUSSION According to the permit application, 10,520 square feet (.24 acres) of wetland will be filled and 18,150 square feet (.41 acres) of wetland will be excavated to maintain the necessary wetland hydrology. The applicant is proposing to provide .67 acres of wetland and .58 acres of upland buffer to comply with the Wetland Conservation Act replacement ratio requirement of 2: 1. John Smyth of Boonestroo, Rosene, Anderlik and Associates, the City's consultant, has reviewed the wetland alteration permit application and recommends approval of the permit. ACTION REQUESTED Approve the Wetland Alteration Permit for Meadow Creek Third Addition with the following condition: . The applicant shall provide at least I-year of maintenance as described in the MnDOT Seeding Manual 2000 Edition "Early Maintenance" to all areas seeded with native vegetation including the buffers adjacent to Wetland "A" and Wetland "B", along with such other maintenance as may be required by the recommendation portion ofthe attached memo from John Smyth dated July12, 2003. Respectfully submitted, 4,,-ttL- Jim Atkinson Assistant City Planner Memo ~11~ Bonestroo e Rosene "t;'II Anderlik & 1\11 Associates Engineers & Architects Project Name: Meadow Creek Third Addition Client: City of Farmington To: Lee Smick, Lee Mann File No: 141-02-182 From: John Smyth Date: 7/12/2003 Re: Wetland Permit Application - Meadow Creek Third Addition Project Summary The applicant is proposing a 68-10t single family residential development addition on approximately 25 acres. The site is bounded by existing single-family residential development to the west. Land use to the north, east, and south of the site includes undeveloped cropland, wetland, and woodland. This project site contains two wetland basins labeled Wetland A(City 10: A V-1.l2.l) and Wetland B (City 10: A V-W1.9). Basin A is an isolated basin that has been classified as utilize and is considered lower quality due to active farming disturbing the vegetation. This wetland has the potential to have its vegetation restored with the land-use change and the portion remaining being enhanced as part of this development. Wetland B is located adjacent to the Lake Julia waterway that flows northwest to southeast across the northern portion of the 3rd Addition site. Wetland Impacts Wetland B will be avoided as part of this phase of the development. The proposed project entails 10,520 square feet (0.24 acres) of Wetland B to be filled to accommodate two lots and 18,150 square feet (0.41 acres) of excavation to maintain the wetlands hydrology. Excavation is necessary to intercept treated water from the storm water pond upstream of the basin that was discharging at an elevation lower then the existing elevation of the wetland. Wetland Replacement The Wetland Conservation Act requires a 2: I replacement ratio for a total requirement of 0.48 acres of mitigation credit. The applicant proposes expanding Wetland A to the east and creating an upland buffer of native vegetation adjacent to the wetland. Overall, the project design provides 0.67 acres of wetland and 0.58 acres of upland buffer to meet the mitigation credit. Recommendation It is recommended that the Wetland Permit Application for Meadow Creek 3rd Addition be approved. It is recommended that a condition of this approval be that the applicant will provide, at a minimum, I-year of maintenance as described in the MNDOT Seeding Manual 2000 Edition "Eary Maintenance" to all areas seeded with natives vegetation including the buffers adjacent to Wetland A and Wetland B. 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WETLAND PERMITS APPLICATION NARRATIVE MEADOW CREEK THIRD ADDITION RESIDENTIAL DEVELOPMENT CITY OF FARMINGTON, MINNESOTA May 13. 2003 TABLE OF CONTENTS Page PROJECT PURPOSE, DESCRIPTION, AND WETLAND IMPACTS......................._..................no 1 WET LAN D OVERVI EW .......................................................................................... .................... .... 1 W etla nd Del i neation Methodology........................................................ ................... ....... ......... 1 W etl a nd Descri pti 0 ns................................................................................................................ 2 RE G U LA TO RY FRAM EWO RK ....................................................................................... ..... ...... .... 3 Minnesota Wetland Conservation Act, as amended ............................................................... 3 Section 404 of the Federal Clean Water Act............................................................................ 3 SEQ U EN C I N G ............................................................................................. ............... ........ ........... 4 Alternatives Cons ide red ................................................................................... ................. ....... 4 No Bu i Id Altern ative ................................................................................................ .'. ............ 4 W etlan d Avoidance Alterative......... ................................................................ ...................... 4 Alternative Site P I an ................................................................................... ........................... 4 Proposed Site Plan.. ................ .... .................................... ............................................. ......... 5 Wetland Avoidance and Impact Minimization ......................................................................... 5 Impact Rectificati 0 n .......................................................................................... ................... ..... 5 Impact Reduction and Elimination Over Time ........................................................................ 5 WETLAN D REPLAC EM ENT .................................. .......................... .......... ............. .................. ..... 6 Wetl and Replaceme nt Req u ired......................................................... .............. ......... ............... 6 W etl and Replacement Proposed......................................... ...... ................ ........... ..... ............... 6 Proposed New Wetland Credit ..... .......... .................. ................................................................ 7 Proposed Public Value Credit .................................................................................................. 7 Wetland Replacement Mon itori ng ....... .................. .................. ................................................. 7 Vegetation Management Plan for the Wetland Replacement Area ........................................ 8 . ~ Westwood Professional Services, Inc. May 2003 Westwood Professional Services, Inc. considers the information contained in this document and any attachments to be proprietary. This document and any information contained or referenced herein shall not be disclosed. duplicated. our used in whole or in part for any purpose other than processing the permit applications referred to herein without written permission from Westwood and the Applicant. '" Westwood Professional Services, Inc. (952) 937-5150 WETLAND PERMITS APPLICATION NARRATIVE MEADOW CREEK THIRD ADDITION RESIDENTIAL DEVELOPMENT CITY OF FARMINGTON, MINNESOTA May 13, 2003 PROJECT PURPOSE, DESCRIPTION, AND WETLAND IMPACTS The purpose of the Meadow Creek Residential Development is to meet the demand for residential housing in City of Farmington in accordance with City of Farmington zoning regulations. Progress Land Company, me. is proposing a 68-10t single-family residential development addition on approximately 25 acres. The project is located in the SE ~ of Section 13, TlI4N, R20W, City of Farmington, Dakota County, Minnesota (Exhibits 1 and 2). The site is bounded by existing single-family residential development to the west. Land use to the north, east, and south of the site includes undeveloped cropland, wetland, and woodland. The City of Farmington/Empire Township boundary is located at the eastern edge of the site. (Exhibit 3). The site has been fallow in recent years, and historically it has been used for production of agricultural row crops and vegetables such as com, pumpkins, and squash. An excavated drainage ditch flows southeast along the northern portion of the site. The ditch flows from DNR Public Waters Wetland 19- 352W ("Lake Julia"), located upstream of the site, to North Creek, which is located about 1,000 feet east of the site. Drainage from the site flows south and east about 2,300 feet before reaching the confluence with North Creek. Topography of the site is relatively flat, with elevations ranging from 912 adjacent to the drainage ditch in the northwest part of the site, to about 904 in the ditch bottom in the southeast part ofthe site. The site drains southeast toward North Creek, which in turn drains about one and a half miles south to the confluence with the Vermillion River. The proposed project entails 10,520 square feet (0.24 acres) of Type 1/2 WCA-jurisdictiona1 wetland fill and 18,150 square feet of self-mitigating Type 1/2 wetland excavation, not regulated under WCA, for purposes of residential development. As discussed on pages 3 and 4, the Applicant submits that the impacted wetland on the site does not meet the definition of "waters of the United States" for purposes of determining U.S. Army Corps of Engineers regulatory jurisdiction. Wetland impacts will be replaced onsite using a combination of New Wetland Credit (NWC) from one wetland replacement area and Public Value Credit (pVC) from stormwater ponding and upland buffer. Overall, the project design provides 68 single-family residential lots, 0.67 acres of wetland, 2.17 acres of stormwater ponding, 0.58 acres of upland buffer, and 3.0 acres of municipal parks and trails. WETLAND OVERVIEW Wetland Delineation Methodology Westwood delineated and flagged wetlands on the site during June 1996 using the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, Waterways Experiment Station, 1987), in which sampling transects were established in representative transition zones of identified wetlands. '" Westwood Professional Services, Inc. (952) 937-5150 Meadow Creek Third Addition Residential Development Wetland Permits Application Narrative Page 2 May 9, 2003 Transects consisted of one sampling point in upland and one point in wetland. Soils, vegetation, and hydrology information were recorded for each point on data forms. Species dominance for vegetation measurements was based on the percent aerial or basal coverage visually estimated within a thirty-foot radius for the tree and shrub layers and a five-foot radius for the herbaceous layer within the community type sampled. Westwood received written confirmation of wetland boundaries from the City's consultant, (John Smyth ofBonestroo, Rosene, Anderlik and Associates [BRAA]) on November 12, 1997 (Appendix 1). Wetlands were classified according to Wetlands of the United States (U.S. Fish and Wildlife Service Circular 39; Shaw and Fredine, 1971) and Wetlands and Deepwater Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et. al. 1979). Common names for vegetation identified in this report generally correspond with the nomenclature used in the National List of Plant Species that Occur in Wetlands: North Central (Region 3) (USFWS, Reed, 1988) and/or Vascular Plants of Minnesota (University of Minnesota, Ownbey and Morley, 1991). Prior to delineating wetland boundaries in the field, Westwood reviewed National Wetlands Inventory (NWI) mapping (Exhibit 4), and the Soil Survey of Dakota County, Minnesota (USDA, 1983) (Exhibit 5). Delineated wetland boundaries were located using land surveying methods, and the approximate transect locations are shown on the attached Wetland Boundary Map (Exhibit 6). Wetland Descriptions The full 160-acre Meadow Creek Development site contains a total of 18.1 acres of wetland distributed among four basins. Only one of these wetlands, Wetland A, is located entirely within the Third Addition. Overall, the wetlands are dominated by reed canary grass and giant goldenrod. The area has a history of agricultural activity, which has significantly affected the soils, vegetation, and surface hydrology through the establishment of a drainage ditch and repeated disturbance. Table 1. Wetland Descriptions Wetland Size Size Type Type Dominant Vegetation Location and Character 10 (sQ. ft.) (acres) (Circ. 39) (Cowardin) A 28,670 0.66 1/2 PEMAlBf Bare soil, squash, nut Third Addition; SE portion Qrass, soft stem bulrush of site; Isolated; Farmed PEMB/C/SS Reed canary grass, Ditched; Lies N. of Third B 529,780 12.16 2/3/6 1B water, sandbar willow, Addition cattail, lake sedQe C 23,990 0.55 1/2/3 PEMAf/B/C Reed canary grass, N of ditch; Isolated in Ag lake sedQe, cattail field PEMAf/B/C/ Reed canary grass, NE portion of site; 0 206,030 4.73 1/2/3/6 SS1B lake sedge, sandbar Floodplain of N. Creek willow Total 788,470 18.10 Wetland boundaries were reviewed in the field and accepted by the Dakota Soil and Water Conservation District (SWCD) and City of Farmington. Written confirmation that the delineated wetland boundaries are acceptable for local administration of the WCA is included in Appendix 1. On September 19,2002 the Technical Evaluation Panel (TEP, including John Smyth, BRAAlCity of Farmington; Brain Watson, Dakota SWCD; and Tom Mings, BWSR) conducted a site meeting to determine the wetland classification of Wetlands A and B under the Farmington Wetland Ordinance (Ordinance No. 099-433) (Appendix 2). As depicted in Table 2 below, the TEP agreed to reclassify the wetland/ditch (Wetland B) that drains from Lake Julia to North Creek from Manage-l to Manage-2, and '" Westwood Professional Services, Inc. (952) 937-5150 Meadow Creek Third Addition Residential Development Wetland Permits Application Narrative Page 3 May 9, 2003 to reclassify the farmed wetland (Wetland A) in the southeast portion of the site from Manage-2 to Utilize. Table 2. Wetland Reclassification Summary City Wetland Meadow Creek Original Revised 1.0. Wetland 1.0. Classification Classification AV-W1.12.1 A Manaae 2 Utilize AV-W1.9 B Manaae 1 Manaae 2 AV-1.11.1 C Manaae 2 Manaae 2 AV-W1.10.1 0 Manaae 2 Manaae 2 REGULATORY FRAMEWORK Wetlands on the Meadow Creek property are regulated or exempt under: . The Minnesota Wetland Conservation Act of 1991 (WCA), administered in this area by the City of Farmington, . The City of Farmington Wetland Ordinance, and . Section 404 of the Federal Clean Water Act (CW A), administered by the U.S. Army Corps of Engineers (Corps). Minnesota Wetland Conservation Act and Farmington Wetland Ordinance Under the WCA, submittal and approval of a wetland replacement plan application is required for the 10,520 square feet (0.24 acres) of proposed wetland fill. This amount offill exceeds the 2,000-square foot deminimis exemption for Type 1, 2, or 6 wetland outside of a shoreland wetland protection zone in an area with less than 50 percent of pre-settlement wetlands remaining. The 18,150 square feet of Type 1/2 wetland excavation in Wetland A is not regulated under the WCA, is proposed for purposes of sustaining wetland functions and values, and will be self-mitigating, replacing the existing wetlands in- place. The proposed project complies with WCA requirements. The City of Farmington Wetland Ordinance incorporates the WCA by reference, and also requires wetland buffers. The proposed project complies with the City of Farmington Wetland Ordinance. Section 404 of the Federal Clean Water Act The 10,520 square feet (0.24 acres) of wetland fill is proposed in Wetland A, which is isolated from Navigable Waters of the United States, and Wetland B will be completely avoided. Based on a decision signed by the U.S. Supreme Court on January 9, 2001, which restricted the Corps of Engineers' authority to regulate isolated wetlands under the Federal Clean Water Act, Wetland A lacks federal jurisdiction, making the project eligible for a Corps of Engineers Letter of No Jurisdiction. Topographic mapping, NWI mapping (USFWS, 1990), and the Wetland Boundary Map (Exhibit 6) show that Wetland A is completely surrounded by upland. This wetland does not currently contain inlet or outlet structures, and is completely surrounded by upland, previously cultivated soils. Therefore, Wetland A is isolated and does not meet the definition of "waters of the United States." Because the project does not entail fill or excavation within Wetland B, the Applicant submits that authorization under GP/LOP-98-MN will not be necessary for this project. '" Westwood Professional Services, Inc. (952) 937-5150 Meadow Creek Third Addition Residential Development Wetland Permits Application Narrative Page 4 May 9, 2003 If the Corps of Engineers determines it is not possible to issue a Letter of No Jurisdiction for this project, Meadow Creek Third Addition Residential Development will be eligible for authorization under GP/LOP-98-MN - Letter of Permission (B). SEQUENCING The Applicant recognizes that WCA rules require sequencing for wetland avoidance, impact minimization, impact reduction and elimination over time, and replacement. The Applicant also recognizes that guidance distributed by BWSR indicates sequencing flexibility is appropriate if the wetland alteration will result in a gain in wetland functions and values. This project has been designed to avoid wetland fill to the extent practicable. However, complete avoidance of wetlands on the site is not possible due to the indirect impact that the development will have on the surface water drainage to the Wetland A. Diverting the tributary drainage area would drain Wetland A even if it was physically avoided. The following narrative describes alternatives considered and the proposed project design. Alternatives Considered Consideration was given to multiple design alternatives before the project proposer settled on the Proposed Site Plan. The following are among the alternatives considered: 1. No Build Alternative 2. Wetland Avoidance Alternative 3. Alternate Site Plan 4. Proposed Site Plan No Build Alternative The No Build Alternative would completely avoid wetlands on the property. However, the No Build Alternative is not considered practicable because it would neither fulfill the purpose of the project nor satisfy the requirements of the growing community of Farmington. Existing zoning on the property is "Low Density Residential". Wetland Avoidance Alterative A W etland Avoidance Alternative involving construction of a similar residential development designed to totally avoid wetlands was considered but found unworkable due to the marginal hydrology of Wetland A and impracticality of sustaining wetland hydrology in this historically farmed basin under a post-development setting. Wetland A occupies only 0.66 acres, but has a tributary drainage area of approximately 12.7 acres. Preserving the wetland and its entire drainage area intact would require eliminating approximately 30 of the proposed residential lots. Even then, Wetland A would not be not have reliable hydrology, and in a developed setting it would most likely be converted to r.nanicured bluegrass lawn. Therefore, reconstructing the wetland downstream from proposed stormwater ponds and integrating with the municipal stormwater drainage system provides the best alternative for long-term perpetuation of wetland functions and values. Alternative Site Plan The Alternative Site Plan would entai128,670 square feet of wetland excavation in Wetland A for a stormwater pond. The Alternative Site Plan was proposed for an Environmental Assessment Worksheet "T Westwood Professional Services, Inc. (952) 937-5150 Meadow Creek Third Addition Residential Development Wetland Permits Application Narrative Page 5 May 9, 2003 (EA W) that was completed in February 1998, and includes approximately 92 single-family residences within the area currently being platted as Meadow Creek Third Addition Residential Development (Appendix 3). Single-family residences were surrounding Wetland A in the Alternative Site Plan, which would limit the tributary drainage area and drain Wetland A even if the wetland was physically avoided. The Alternative Site Plan also proposed a stormwater pond in the southeast portion of Wetland B, which is proposed to be avoided and platted as Outlot B in the Meadow Creek Third Addition Residential Development. Proposed Site Plan The Proposed Site Plan entails 10,520 square feet ofWCA-jurisdictional wetland fill and 18,150 square feet of self-mitigating wetland excavation (Exhibits 7 and 8). The Proposed Site Plan represents the best alternative for meeting development objectives while avoiding wetlands to the extent practicable. The Proposed Site Plan reduces the number of single-family residential lots by 24, from 92 under the original design to 68 under the current proposaL Single-family lots previously proposed to the east and south of Wetland A were eliminated and this area will be dedicated as a municipal park. The Proposed Site Plan reflects the Applicant's objective to avoid wetlands on the site to the extent possible. Wetland B is completely avoided and this area is designated as Outlot B. As previously described, total wetland avoidance is not practical given the indirect impacts the development will have on the surface water drainage to Wetland A. The Proposed Site Plan is the Preferred Alternative. If Wetland A was to be completely avoided, it would not be possible to preserve wetland functions. Wetland Avoidance and Impact Minimization The project has been designed to avoid and minimize wetland impacts to the extent practicable while preserving wetland functions. The Proposed Site Plan represents the best available compromise between the project purpose, site constraints, and wetland preservation. The proposed wetland impacts are unavoidable due to the indirect impacts the development will have on the surface water drainage to Wetland A. Impact Rectification Because it will not be possible to restore the filled wetlands, impact rectification is considered unfeasible. Therefore, the Applicant is proposing onsite wetland replacement. Impact Reduction and Elimination Over Time Impact reduction and elimination over time will be accomplished by using Best Management Practices (BMPs) prior to and during construction. The project construction plans will implement strategies included in Protecting Water Quality in Urban Areas: Best Management Practices for Dealing with Storm Water Runoff from Urban, Suburban, and Developing Areas of Minnesota (Minnesota Pollution Control Agency, 2000) to protect wetlands and wetland quality. Silt fence will be used to curtail soil erosion, minimize water quality impacts, and protect existing wetland functions and values during and after project construction. To minimize erosion hazards and encourage slope stabilization, all graded surfaces will be seeded as soon as practical after completion of final grading. '" Westwood Professional Services, Inc. (952) 937-5150 Meadow Creek Third Addition Residential Development Wetland Permits Application Narrative Page 6 May 9, 2003 WETLAND REPLACEMENT Wetland Replacement Required Under the Minnesota WCA, approximately 21,040 square feet (0.48 acres) of wetland replacement credit is required. Because all wetland impacts are isolated from navigable waters of the United States, the Applicant believes that the Corps of Engineers will not require wetland replacement. The required wetland replacement calculations follow: Wetland Replacement Required (Square Feet) Minnesota WCA 10,520 Wetland fill + 0 Type 3/4/5 wetland excavation 10,520 Total impact requiring replacement x 2 2 to 1 replacement 21,040 minimum required u.s. Armv Corps of Enqineers o Adjacent/tributary wetland fill + 0 Adjacent/tributary wetland excavation o Total impact requiring replacement x 1 1 to 1 replacement o minimum required Under the WCA, 21,040 square feet of wetland replacement will be required to compensate for the 10,520 square feet of proposed wetland fill. At least half of the replacement credit (10,520 square feet; 0.24 acre) needs to be in the form of New Wetland Credit (NWC) to satisfy WCA requirements. Up to half of the wetland replacement may come from Pubic Value Credit (pVC), which may be applied toward the second half of the 2 to 1 replacement. The 18,150 square feet of Type 1/2 wetland excavation in Wetland A is not regulated under the WCA, is proposed for purposes of sustaining wetland functions and values, and will be self-mitigating, replacing the existing wetlands in-place. Wetland Replacement Proposed The Applicant proposes to meet WCA requirements by combining New Wetland Credit (NWC) and Public Value Credit (pVC). As indicated in Table 3 below, the project provides a total of 130,640 square feet (3.00 acres) of wetland replacement. Table 3. Wetland Replacement Summary Credit Type Square Feet Acres New Wetland Credit 10,900 0.25 Public Value Credit (Upland Buffer) 25,140 1.32 Public Value Credit (Stormwater Ponding) 94,600 2.17 Total Wetland Replacement 130,640 3.00 Wetland replacement credits provided from the available NWC, Upland Buffer and Stormwater Pond PVC will meet WCA requirements. The Applicant recognizes that the wetland replacement construction is not a precise practice, and that it depends partially on the diligence of the construction contractor. The 380 square feet of surplus NWC demonstrates the Applicant's intent to meet the NWC wetland replacement requirement, rather than exceed it. Because Wetland A will be excavated and lowered during the creation of additional wetland, and because lowering and enlarging Wetland A will help ensure that it continues to provide wetland functions and values, the excavation of Wetland A will be replaced in-place, and the proposed excavation will be self-mitigating. '" Westwood Professional Services, Inc. (952) 937-5150 Meadow Creek Third Addition Residential Development Wetland Permits Application Narrative Page 7 May 9, 2003 Proposed New Wetland Credit Exhibits 7 and 8 show the proposed wetland mitigation area for the Meadow Creek Third Addition Residential Development. Proposed contours, cross-sections, photo-reference points, hydrology monitoring points, and revegetation plans are depicted on Exhibit 8 for the wetland mitigation area. The replacement wetland will be constructed primarily by excavation. Sufficient wetland hydrology for wetland creation and expansion will be ensured by the upstream stormwater ponding. As indicated in Table 3, the wetland mitigation area includes 10,900 square feet (0.25 acres) of proposed NWC. Proposed wetland edges will feature irregular contours and slopes no steeper than 5: 1 to help assure a functional transition to upland. Topsoil may be spread in the bottom of the wetland replacement area (below the n9rmal water level) at a thickness of 6 inches to provide a suitable substrate for emergent and submergent vegetation. To minimize erosion and encourage slope stabilization, regraded surfaces will be seeded as soon as practical after completion of final grading. Newly created wetland above water levels will be seeded to Mn/DOT seed mix 25B, a native wet prairie and wildflower mix (Appendix 4). Disturbed areas within upland buffers will be seeded to Mn/DOT seed mix 15B, a native grass and wildflower seed mix developed for use in prairie regions. These native grasses, sedges, and wildflowers are expected to improve wildlife habitat and visual value. Proposed Public Value Credit The WCA, as amended, allows PVC for upland buffers adjacent to wetland replacement areas and water quality treatment ponds constructed to pretreat stormwater runoff prior to discharge to wetlands for local governments that have "adopted, implemented, and funded a storm water management pIan that provides for the removal of' sediment and phosphorus. The project will create 94,600 square feet of water quality treatment ponding on the site, yielding 94,600 square feet of PVC. In addition, the project will create upland buffer adjacent to the mitigation area, yielding 25,140 square feet ofPVC. Public Value Credits are summarized in Table 4 below. Table 4. Public Value Credit SummalY Credit Type Area Credit Type Topographic (sq. ft.) (acres) Setting Stormwater Pond A 29,610 0.68 Stormwater Flowthrough Stormwater Pond C 64,990 1.49 Stormwater Flowthrough Upland Buffer 25,140 0.58 Upland Buffer Totals 57,442 1.32 Wetland Replacement Monitoring The wetland creation area will be monitored in compliance with the Wetland Conservation Act. Monitoring will include the following required components, as listed in the WCA rules: 1. A description of the project location, size, current wetland type (Cowardin or Circular 39 classification), and desired wetland type (goal). 2. A comparison of the as-built conditions in relation to the design specifications (first annual monitoring only) and a rationale for significant changes. 3. Seasonal water level elevations measured during the period April through October (ms1 or referenced to a known bench mark). ",. Westwood Professional Services, Inc. (952) 937-5150 Meadow Creek Third Addition Residential Development Wetland Permits Application Narrative Page 8 May 9, 2003 4. A list of the dominant vegetation in the wetland, including common names of the vegetation exceeding 20 percent coverage and an estimate of coverage; for example, 50 percent willow, 20 percent cattail, and 30 percent sedge. 5. Color photographs of the project area taken during the period June through August, referenced to the fixed photo-reference points identified on the Wetland Replacement Plan and labeled accordingly. The replacement wetland will be monitored for a maximum of five years after creation and monitoring reports will be submitted to the City of Farmington each year. The replacement wetland will be examined periodically between April and October each year and the depth of standing water or depth to free water in an unlined bore hole will be measured from the wetland hydrology monitoring point shown on the Wetland Replacement and Revegetation Plan (Exhibit 8). Color photographs of the vegetation within the wetland creation area will be taken during each growing season from the photo-reference points. Hydrology measurements will be evaluated to assess the viability of the wetland in relation to the creation goal. The percent coverage of dominant vegetation will be estimated visually. All monitoring reports will include a description of the condition and composition of the vegetation within the wetland replacement area. Monitoring reports and photographs will be submitted to the City annually. When it can be shown that wetland replacement is successful, the Applicant may request that the remainder of the monitoring requirement be waived. Vegetation Management Plan for the Wetland Replacement Area Vegetation within the wetland replacement area will be managed for a period of five years as specified in Minnesota Rules 8420.0530 D (14). Vegetation management within the wetland replacement area will include the following components: 1. Newly created wetland areas above water levels shall be seeded to Mn/DOT seed mix 25B, a native wet prairie and wildflower seed mix (Appendix 4). 2. The native seed mix shall be applied at a rate of 30 pounds per acre as specified in the Minnesota Department of Transportation Seeding Manual (Mn/DOT Office of Environmental Services, 2000). 3. The wetland replacement area shall be assessed during standard wetland replacement monitoring events for the presence of noxious weeds and invasive nonnative species. 4. Should noxious weeds and invasive nonnative species be identified within the wetland replacement area during the standard management period, reasonable efforts will be made to control these species using appropriately timed herbicide applications or other methods. '" Westwood Professional Services, Inc. (952) 937-5150 IOc- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor and councilmembe~ Daniel M. Siebenaler, Interim City Administrator TO: SUBJECT: City Council/City Hall Task Force workshop DATE: August 4, 2003 INTRODUCTION During the City Council workshop on July 28, 2003 questions were raised about the need for another meeting with the City Hall Task Force. Staff has reviewed minutes from the City Council meeting from June 4, 2003 and has learned that such a meeting was proposed to be held, "in July." DISCUSSION Based on discussions held at the July 28th City Council workshop regarding possible alternative locations for a City Hall Campus and recognition that a follow up work shop with the City Hall Task Force may be beneficial to the process, staff is recommending that a joint workshop be set. The topics to be discussed at such a workshop would include the two originally proposed sites as well as alternative sites. Based on earlier discussions it appears that a meeting on Wednesdays in August would be difficult to coordinate with all members however the most recent Task Force meetings were held on Tuesday evenings. Staff has spoken with the City Hall Task Force Chairperson and Tuesday remains the preferred meeting day. Due to other scheduling conflicts staff is recommending 2 possible meeting dates on either Tuesday, August 19; or Tuesday, September 16,2003. . ACTION REQUESTED Set workshop date for a joint meeting of the City Council and the City Hall Task Force. Daniel M. Siebenaler Interim City Administrator City of Farmington 325. Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.c:i.farJl1in~on.mn.us TO: Mayor & Councilmembers FROM: Daniel M. Siebenaler, Interim City Administrator SUBJECT: Supplemental Agenda DATE: August 4,2003 It is requested that the August 4, 2003 agenda be amended as follows: UNFINISHED BUSINESS 11 a) Adopt Joint Powers/Orderly Annexation Agreement - Ash Street Project - Engineering Attached are Castle Rock Township's revisions to the Ash Street Joint Powers Agreement. Respectfully submitted, Daniel"M. Siebenaler Interim City Administrator /10- CAMPBELL KNUTSON Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetseh .Ioel .I. .Iamnik Andrea McDowell Poehler Matthew K. Brokl* 'Also liccnsed in Wisconsin Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 John F. Kelly Matthew .I. Foli Soren M. Mattick Marguerite M. McCarron Gina M. Brandt Author's Dircct Dill!: (65"1) 234-62J9 F-/l/lli! Address: ljll/l/llik@ck-Im/l.co/l/ TO: Mayor, Councilmembers, Interim City Administrat FROM: Joel Jamnik, City Attorney SUBJECT: Update on Proposed Ash Street Joint Powers Agreement with Castle Rock Township DATE: August 4, 2003 We have received the Township's proposed revisions to the City's initial draft (see attached). Lee and I have had discussions with the Township's engineer and attorney and believe we will have a final version for Council and Town Board approval sometime later this week. If you have any questions or concerns about the draft, please contact me. Respectfully submitted, fl~J-~ ~. 0~ Joel Jamnik City Attorney Suite 317 - Eagandale Office Center - 1380 Corporate Center Curve -Eagan, MN 55121 JOINT POWERS/ORDERLY ANNEXATION AGREEMENT CITY OF FARMINGTON - TOWNSHIP OF CASTLE ROCK ASH STREET RECONSTRUCTION AND UTILITY IMPROVEMENTS 1.0 Parties. This Agreement is entered into by and between the City of Farmington, a Minnesota municipal corporation ("Farmington") and the Town of Castle Rock, a Minnesota municipal corporation ("Castle Rock") pursuant to the authorization contained in M.S. ~471.59 and ~414.0325. 2.0 Recitals. A. Farmington and Castle Rock each have authority to construct public improvements as defined in M.S. Chapter 429. B . Farmington and Castle Rock have determined that the reconstruction of Ash Street and related improvements including sanitary and storm sewer services to the surrounding properties, as described in the attached feasibility report, are in the public interest 3.0 Purpose. The purpose of this Joint Powers Agreement is to define the duties and obligations of Farmington and Castle Rock regarding the reconstruction of Ash Street and the related utility improvements and, where appropriate to effectively maintain and serve the affected properties to facilitate the orderly annexation of identified properties receiving urban services and to maintain township jurisdiction over those properties not yet receiving urban services. 4.0 Duration. This Agreement shall terminate one (1) year following substantial completion of the combined project as related to the improvement project but shall continue with regards to the orderly annexation of the identified properties until annexation occurs or the parties terminate this Agreement. Deleted: , and that they are necessary, feasible, and economical 5.0 Definitions. "Ash Street Reconstruction Project" means the reconstruction of that portion of Ash Street lying between the railroad tracks east ofrirst Street and State Trunk ....._".__._.._____m.._.. Highway 3, as more fully described in the Feasibility Report dated June 2003, prepared jointly by the engineers for Farmington and Castle Township, including grading, bituminous paving of street and pathways, installation of concrete curb and gutter, installation of storm sewer pipe and catch basins, turf re:establishment and landscaping, and utility adjustments. "Storm Water Facilities Project" means the construction of storm water piping systems, the acquisition, enlargement, and improvement of storm water ponds and sedimentation ponds all of which are required to collect, treat and convey all or some of the surface water runoff from the Ash Street Reconstruction Project and surrounding areas. "Combined Projects" means the Ash Street Reconstruction Project and the Storm Water Facilities Project. 6.0 Proiect Terms and Conditions. In consideration of the mutual undertakings herein expressed, the parties agree as follows: A. Project Design. Farmington.shall pr~pareplans and specifications for those portions of the Combined Projects, which are located within each jurisdiction. The plans and specifications !!!.(.1J~_.l)e.. combined for purposes of preparing bid documents and advertising for bids. B . Advertisement for Bids. Farmington shall advertise for and receive bids for the combined projects. Farmington shall provide Castle Rock with a copy of the bid tabulations. C . Contract Award. Upon receipt of the bid tabulations, the Castle Rock engineer shall confer with the Farmington engineer and concur in the recommendation of the award of bid to the lowest responsible bidder.. Farmington shall approve of the recommendation prior to the award ofa contract. Contract shall be let by the City of Farmington. D . Contract Documents. Farmington shall prepare all construction contract documents andJl1e fa11llingt{)na.ttofIley shalIapprov<.; [hem. Deleted: Denmark Avenue t Deleted: shall . {Deleted: Each1l l. governing body { Deleted: they shall be approved by E . Construction Supervision. Each party shall have its own contact person to . review field work, occurring within its corporate boundaries, as described in the contract documents f()~onfor11lance with contract specifications and shall coordinate efforts wherever possible to ensure that the construction of the Combined Projects proceeds in an efficient manner. F. Change Orders. During the course of construction, each party may request change orders for the portion of the Combined Projects located within its boundaries. Change orders shall be submitted to Far11lin~ton and approved hY Farmington pursuant to the terms of the construction documents consistent with the Feasibility Report dated .Junc 2003, prepared jointly by the L~ngineers for Farmington and Castle Rock Township. G . Allocation of Project Costs. The City of Farmington shall be responsible for all project costs identified in the report as Township or City costs. including Township engineering costsJ2!"eviously incurred or to be incurred. H. Indemnification. The City of Farmington. agrees toinde1llnify andhold harmless the TO\vn of Castle Rockjrom any and all claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but not limited to, interest involved therein and attorneys' fees and cost and expenses connected therewith, arising out of resulting from the failure of. of Fa rmi nglon to satisfy the provisions of this agreement or for damage caused to third parties as a result of the manner in which the City ofFarmingtonperfonn~or fail to perform duties imposed.ollitby the terms of this agreement. Nothing herein will constitute a waiver of limitations of liability available at Minnesota Statute Chapter 466 and other applicable law. I .Ownership/Maintenance. Upon completion of the Ash Street Reconstruction Project, the City shall own or otherwise be responsible for and maintain the storm water facilities portions of the project located within the project area. The City of Farmington will own the City water and sewer utilities located within its jurisdiction, on city property, or on city easements through areas of Castle Rock as showl\in the Feasibility Report dated .Junc200Jprepared iointlyby the Engineers for Farm ington and Cast Ie RockJj~Vll.,,,h i12. J. Storm Sewer tJsal!e. Those lands, defined bv the Feasibilitv Report dated June 2003 prepared jointlv bv the engineers for Farmington and Castle Rock Township, which are designated as ("'aining into the various storm water ponds which are to be developed pursuant to the StnHll Wate," { Deleted: administer the scheduling of . t Deleted: . with the exception of any .' {Deleted:al\d th~~il}'_ ..... ....... un .; .r Deleted: agree to indenmify each other 1 and hold each other hannless .. .. ..... ) { Deleted: either party -.....................--.....................--.........".-"...-.----.-.----.-.--"....,...,.-,...-- . . { Deleted: or the City of Castle Rock . . { Deleted: one each party Deleted: I. f..De..... Ieted.... :...00... E.X. h.l.ib.. it..._.. .....atta.....C..h....ed..... to..... '.". l this agreement u.. .. .. " Facilities Proiect, shall not be assessed for on~oillg existill~ draillage to these ponds, but may be assessed for additional dnlinage, caused by more intense use of the property thall the use of the property at the time of the Storm Water Facilities Proiect. Assessmellt for storm water shallllot i ustify initiation of anllexation of the property bv either Farmillgton or Castic Rock 'fowllship. 7.0 Proiect Financine and Assessments. A. Chapter 429/444 Financing. Township hereby authorizes City to undertake proceedings on behalf of the Parties to enable the City to impose special assessments against properties served by the project assessed for the improvements, or to establish equivalent availability and connection charges. Theability of Farmington to assess for the Storm Water I'aciljties Project costs is limited by 6.0 (.I) herein. Further, Fanning.ton and Castle Rock Township agree that assessment f()J' sanitary sewer and water improvement constructed as part orthe combined proieets, may be assessed only if those services are being. made available within six months to those properties in the Town of Castle Rock against which assessments are beinf,!, proposed. B. Approvals. All financing methods will be mutually developed by City and Township engineering and financial staff or consultants, and approved by the Town Board and City Council prior to, or contemporaneously with, any statutorily required hearings/meetings/procedures. 8.0 Orderlv Annexation of Benefited Properties. A. Immediately Served Properties. Castle Rock Township hereby consents and agrees to the annexation ofthose properties,.describedill Exhibits A and B when the construction of sanitary sewer and water serving the area in Exhibits A and 13 contained in the Combined Proieets, is gS'XI or more completed. B. Subsequently Served Properties. Castle Rock Township hereby .agrees to the annexation of those properties w ithinthe orderly arlnexation"rea. described in Exhibits C and D that petition fo~or otherwise cOnnect!? to.. cityprovided sanitary or water services.Ca:,>tl(:/{.ock Township and r;(irmington ./ n_ __ .0. . _,,_.. . _ __ _ . ~ _ .. ._ a~ree to adopt the necessary orderly annexation agreement amendments to this _ --" .- ... m __ ... " ._ .._ ..." .. ... .. __ __ ... , ... __ __ .." _._ .. ... _, 0" ._ ~ ._ .0. "_ " _ ,_, m ,. ... __ __ _ _ _0. _ af,!,reement to accomplish the annexation of the propertie\. Deleted: mutually identified as being immediately served by the sanitary sewer or water improvements constructed as , part of the Project .' { Deleted: consents and ( Deleted: , { Deleted: - . { Deleted: 0 . .{ Deleted: s j , Deleted: or annexation ordinances as mutually agreed to by the parties will be [' adopted by the parties as necessary to . effectuate this provision C. Unserved properties. Farmington and Castk I~ock Township,hereby agre~not to annex properties unserved for sanitary sewer and water in the orderly annexation;uea absent a petitionbv 100';:;, of. affected property owners, for those property owners not addressed in Article 8.n ^ or Article 8.0 B herein.. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement. Pursuant to Council authority granted on the _ th day of ,2003. CITY OF FARMINGTON By: Gerald Ristow Its: Mayor By: Its: Interim City Administrator Pursuant to Town Board authority granted on the _th day of ,2003. Town of Castle Rock By: Randy B~_~i?I Its: Chairman of BoardQJ Supervi~Qr5. By: Maralcc Rother --,---~-~-~ Its: Clcrl~ . (Deletecl: Cit~ ( Deleted: s that it will C~k,;d:;";~~-~_===~/ .... . . t Deleted: in the Project . .tDe~: the Deleted: except as provided in paragraphs A and B above . {Deleted: 'I . . { Deleted: EXHIBIT A OJ 0. Ti .- Ol .... c_ :J co ~E ~ <>/l'x 0 (/) ~ Olo. co. ==co 0 Ol Ol Cl~ co co c (/) .~ .~ Oco .. -g 2:J o 0 Z..o C") "0 0)- C") -C") CON 0_ >- 1'- ~ I '+- 0 ........ 0 q en ~ Q) 0 "0 S 00 Z-l O)f- "'0 =CfJ LL<l: Q) U X <l: Q) C C <( Q) .0 0 E 0) ........ ti en >- CfJ Q) 0) c 0) 0) (,) ~ .~ l..... .~ 0 CO 0>- 0.. ... >-co CO c ~'E 0.. 0)= -0) CO CO ... 3!:D... ~ 0) 'C 'm Q) a: (,) l..... CO 0.. <{z c.. :.c en c 1iJ ::: CO Ol 0- u.. f-O en a ':':'0) U'l () C N o c 0::: .- .9!:2; ti CO u aA'V alepuadd!LI:l <.0 I'- o I'- ~ ~ LO I'- o ...... ~ ~ co ''It o I'- ~ ~ <.0 ''It o ...... ~ ~ ''It ''It o ...... ~ ~ ...... <.0 o I'- ..... ..... M ''It o I'- ~ ..... a ffi ~ a U'l N EXHIBIT B Parcels Annexed PIN Owner Name Owner Address Owner City State Parcel ID 0611319110017 HARRIET M GROVE 512 ASH ST FARMINGTON MN 117049 0611319110018 DONALD E & TERESA WILSON 516 ASH ST FARMINGTON MN 117050 0611319110019 DAVID E & KATHLEEN PETERSON 500 ASH ST FARMINGTON MN 117046 0611319110020 WALTER W GRAHAM 3782 220TH ST FARMINGTON MN 117047 0611319110099 BRUCE K & CATHERINE DURHAM 3760 220TH ST W FARMINGTON MN 117048 0611319110102 RONALD A & BEVERLY ERSFELD 718 ASH ST FARMINGTON MN 117066 0611319110103 ERIC & JULIE SIMONSEN 1132 HIGHLAND CIR FARMINGTON MN 117073 0611319110104 VERNON E & LOUISE M HERBERG 1128 HIGHLAND CIR FARMINGTON MN 117080 0611319110105 BEVERL Y P MORELL RR3 FARMINGTON MN 117085 0611319110106 WILLIAM D & MARL YS COOK 1120 HIGHLAND CIR FARMINGTON MN 117087 0611319110107 LUCILLE KORSMAN 1116 HIGHLAND CIR FARMINGTON MN 117088 0611319110108 JAMES A & THERESA CZECH 1112 HIGHLAND CIR FARMINGTON MN 117086 0611319110109 WILLIAM A GETTY 1108 HIGHLAND CIR FARMINGTON MN 117082 0611319110110 LOUIS & JEAN SCHMITZ 1104 HIGHLAND CIR FARMINGTON MN 117074 0611319110111 LUCILLA C JOHNSON 612 ASH ST FARMINGTON MN 117063 0611319110112 VIRGINIA CAREY 616 ASH ST FARMINGTON MN 117064 0611319110113 MICHAEL & HELEN PENNEY 702 HIGHLAND CIRCLE FARMINGTON MN 117065 0611319110114 VERNON JOHNSON 612 ASH ST FARMINGTON MN 117075 0611319110115 VERNON JOHNSON 612 ASH ST FARMINGTON MN 117076 0611319130001 ERIC A DRAKE 3840 220TH ST W FARMINGTON MN 117044 0611319130003 JENNIFER KAUFMAN 3828 220TH ST FARMINGTON MN 117045 0611319130004 JOHN R KLAUS 3850 220TH ST W FARMINGTON MN 117043 0611319130009 ERIC A DRAKE 3840 220TH ST W FARMINGTON MN 117067 parcelsannexed2.xls I ~ hT II D~ TIT I EEEE8 m:.ti:T.I ~ i.ti.':rJ -- t;1 ,I~:~t'i .1 ~!!- , 'CW] '~!:):j~~~, 1~;, ':.~: .."'4:~i.::. 1 ,',/ ~..,~,i ;~,,;;M~~ - ~.~t"r1~ .r,." ~'~,f'.\F',,'J'" d" '}~iJi~! l!> ~.;' I~"~ cq; ~.~., i'" \ i~~~~~}~~~,~ ~~ </~?~'! I- . , ~ ~'f'. ~; '':If <1~, I;) 'en; !ll~; ;::;~1.<i ~ t,~~:~-;'~; f~_ ~~~~(r "'"13ft.; , .~ ~ ~(:?"~ :';' +I"'...." -J., " ~.. 1'j:. ..;;(. .'1,. ! ~.~ o.:l;:"~ .,.' ~,~. .. r l /"!" ~ j,; .~ ~ '1 " I . ~ ~ '.~ "~i:'. "-'" </;: ~:.~ i !.~~-~.:,:. " ; if I. L' ~~ ~~~ " "! g, --;" t~ ..::.~ ;~"' ."t.... I'"~ iI'~:\ ,,' " . -. - MJ"-'"j ":" ")~ ':. ~ .,*~ ~ '<.. ~::;-]i, ';,.. ..L . '-:,1' '~z~,."l, ," ;f,r'v;'~"', '," ',..;..- IlLO " It'' ,~~ ~.. ... j '~ hr C\I ~~ v ~ /'2 ;~ O~ ;~~~ ~ o It> ;:! - i ';~, ;:,,-""-r-:- ~~ ~ f;l ~ ~ .,~ 18 ~ ro 0. '13 'c 2 ::J ell :2E 06 'g '" ~ Cllo. co. _ell Cll Cll ~ro c '" '(ii ,~ Om '0 Qi C o ::J z.8 co Q) lo- <( C 0 ........ co x Q) c c <( >- "'i:: Q) "'0 l0- a 0- co ~ I I Q) U lo- I co 0... \ mO'8B9 ~ ~'~~~ 'J ~ ITIIIID ~'n'-~,~ ~,,-m--ll ) ;:; &9om '2 \ ~ \E: ;:] L I =~ DJIDID Illl ~~j 3v '- ~ _I.- 1:: ~ I -K r- 8 ~'" -. J ---i '- t- If I U1 · ~~ ~ ~ '- I D '- I T T ~- ~ ~ LtOW / I m lr II 0- ~~ Tl I I I 1" T1" I I I TT c .> '" ... ... E: i' 1"1- ~ " " M ... ... ::: co en ::: <{z I-- I-- I-- I-- t-- i-- o 1=== LL~ EXHIBIT C ~ ~ C (") ..0 Q)-- -(") CIlN 0__ r- o q .- o 08 Z...J ~~ LL<( U <( E Q) ti >- (j) Q) C OJ OJ ~'~ 'coo 0>- ~ >-CIl CIl,!: ~ E Q)= -Q) CIl ~ :s:(l. Q) .C 'co ll: Q. :c '" C ~ CIl 0'0 f-", ~Q) u c o c c::: .- Q):2: 7i3 ell U i ~ EXHIBIT D Parcels Annexed PIN Owner Name Owner Address Owner Address 2 Owner City State Parcel 10 0611319130004 JOHN R KLAUS 3850 220TH ST W FARMINGTON MN 117043 0611319130001 ERIC A DRAKE 3840 220TH ST W FARMINGTON MN 117044 0611319130003 JENNIFER KAUFMAN 3828 220TH ST FARMINGTON MN 117045 0611319110019 DAVID E & KATHLEEN PETERSON 500 ASH ST FARMINGTON MN 117046 0611319110020 WALTER W GRAHAM 3782 220TH ST FARMINGTON MN 117047 0611319110099 BRUCE K & CATHERINE DURHAM 3760 220TH ST W FARMINGTON MN 117048 0611319110017 HARRIET M GROVE 512 ASH ST FARMINGTON MN 117049 0611319110018 DONALD E & TERESA WILSON 516 ASH ST FARMINGTON MN 117050 0611319110111 LUCILLA C JOHNSON 612 ASH ST FARMINGTON MN 117063 0611319110112 VIRGINIA CAREY 616 ASH ST FARMINGTON MN 117064 0611319110113 MICHAEL & HELEN PENNEY 702 HIGHLAND CIRCLE FARMINGTON MN 117065 0611319110102 RONALD A & BEVERLY ERSFELD 718ASHST FARMINGTON MN 117066 0611319130009 ERIC A DRAKE 3840 220TH ST W FARMINGTON MN 117067 0611319110103 ERIC & JULIE SIMONSEN 1132 HIGHLAND CIR FARMINGTON MN 117073 0611319110110 LOUIS & JEAN SCHMITZ 1104 HIGHLAND CIR FARMINGTON MN 117074 0611319110114 VERNON JOHNSON 612 ASH ST FARMINGTON MN 117075 0611319110115 VERNON JOHNSON 612 ASH ST FARMINGTON MN 117076 0611319110104 VERNON E & LOUISE M HERBERG 1128 HIGHLAND CIR FARMINGTON MN 117080 0611319110109 WILLIAM A GETTY 1108 HIGHLAND CIR FARMINGTON MN 117082 0611319110105 BEVERLY P MORELL RR3 FARMINGTON MN 117085 0611319110108 JAMES A & THERESA CZECH 1112 HIGHLAND CIR FARMINGTON MN 117086 0611319110106 WILLIAM D & MARL YS COOK 1120 HIGHLAND CIR FARMINGTON MN 117087 0611319110107 LUCILLE KORSMAN 1116 HIGHLAND CIR FARMINGTON MN 117088 0511319310010 CASTLE ROCK TOWNSHIP 2537 240TH ST FARMINGTON MN 117423 0511319330010 RAYMOND A ACKERMAN 18085 ECHO AVE FARIBAULT MN 117426 0511319330009 RAYMOND A ACKERMAN 18085 ECHO AVE FARIBAULT MN 117427 0511319330008 MARK E & SUSAN D THEORIN 22056 CHIPPENDALE AVE W FARMINGTON MN 117428 0511319330007 MARK E & SUSAN D THEORIN 22056 CHIPPENDALE AVE W FARMINGTON MN 117429 0511319330006 LINDA M BARLAGE 3486 220TH ST W FARMINGTON MN 117430 0511319330005 KEVIN T & BENITA L SCHEMIONEK 3400 220TH ST W FARMINGTON MN 117431 0511319330004 JOHN A & CHERYL LUCKOW 3338 220TH ST W FARMINGTON MN 117432 0511319330003 ABH PROPERTIES % DICK HANSEN 4482 CLOVER LN BOX 5 EAGAN MN 117433 0511319330002 KENNETH C CARLSON 3050 220TH ST RR 1 FARMINGTON MN 117434 0511319330001 CHARLES A SR REICHOW 39530 SUNRISE RD NORTH BRANCH MN 117435 0511319310004 3438 INVESTMENTS LLP PO BOX 448 FARMINGTON MN 117436 0511319310003 DENNIS A BETZ 22465 BERRING AVE FARMINGTON MN 117437 0511319310001 COLIN J GARVEY 22098 CANTON CT FARMINGTON MN 117438 0511319310009 HEIKES EQUIPMENT INC 10304 BUCKS WAY EDEN PRAIRIE MN 117439 0511319310008 HEIKES EQUIPMENT INC 10304 BUCKS WAY EDEN PRAIRIE MN 117442 0511319330011 ISEMINGER PROPERTIES PO BOX 55 FARMINGTON MN 117444 0511319330017 FIRST STATE BANK OF CASTLE ROCK 22140 CHIPPENDALE AVE W FARMINGTON MN 117445 0511319310002 DENNIS A BETZ 22465 BERRING AVE FARMINGTON MN 117446 0511319330012 FIRST STATE BANK OF CASTLE ROCK % DANIEL H NICOLAI 1016 4TH ST FARMINGTON MN 117448 0511319310006 TRACY G BAUER 20125 CALDWELL CT FARMINGTON MN 117449 0511319330013 1ST ST BANK OF CASTLE ROCK % DANIEL H NICOLAI 1016 4TH ST FARMINGTON MN 117452 0511319310011 COLIN J GARVEY 22098 CANTON CT FARMINGTON MN 117453 0511319310007 COLIN J GARVEY 22098 CANTON COURT FARMINGTON MN 117454 0511319330014 BELLE CORP HWY 3 S FARMINGTON MN 117456 0511319330015 THE BELLE CORP PO BOX 183 FARMINGTON MN 117458 0511319330016 BELLE CORP % HAPPY HARRYS FURNITURE PO BOX 183 FARMINGTON MN 117460 exhibitd.xls