HomeMy WebLinkAbout10.07.02 Council Packet
City of Farmington
325 Oak Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promising future.
AGENDA
REGULAR CITY COUNCIL MEETING
October 7, 2002
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Proclaim Minnesota Manufacturer's Week October 21-25,2002
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments)
a) Dan Johnson
b) James and Victoria Munro
7. CONSENT AGENDA
a) Approve Council Minutes (9/16/02 Regular)
b) Appointment Recommendation - Police - Administration
c) Adopt Resolution - Appointing Election Judges, General Election -
Administration
d) Adopt Resolution - Acknowledge Retirement - Administration
e) Adopt Resolution - Acknowledge Retirement - Parks and Recreation-
Administration
f) Capital Outlay - Parks and Recreation
g) Set Public Hearing Beer and Wine License - Administration
h) School and Conference - Fire Department
i) Appointment Recommendation - Housing and Redevelopment Authority -
Administration
j) Appointment Recommendation - Heritage Preservation Commission -
Administration
k) Reschedule 2002 Sealcoat Project Assessment Hearing - Engineering
1) Akin Road Project Reimbursement - Engineering
m) Approve Change Order - 195th Street Extension Project - Engineering
n) Approve Development Contract Change Farmington Acres - Engineering
0) Approve Landscaping Easement Agreement Outlot D Tamarack Ridge -
Engineering
Action Taken
Page 1484
Pages148S.1487
Page 1488
Pages 1489.1498
Pages 1499-1501
Pages 1502-1504
Pages 1$05..1507
Pages 1508-1$10
Page 1511
Pages 1512.1513
Page 1514
Pages 1515..1517
Pa8es 1518..1519
Pages 1520-1522
Pages 1523-1524
Pages 1525-1527
Pages 1528.1542
Pages 1543..1547
p) Appointment Recommendation - Community Development - Administration
q) Approve Bills
8. PUBLIC HEARINGS
a) Adopt Resolution - Middle Creek East Easement Vacation - Community
Development
9. AWARDOFCONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Resolution - Middle Creek East Development Contract - Engineering
b) Adopt Resolution - Middle Creek 7th Addition Development Contract -
Engineering
c) Adopt Ordinance - Temporarily Prohibiting Development in the "Opportunity
Grant Study Area" - Community Development
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
a) Traffic Signal3rd and Elm Street - Engineering (verbal)
b) Traffic Study Walnut and 6th Street - Engineering (verbal)
14. ADJOURN
City of Farmington
325 Oak Street
Farmington. MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promising future.
AGENDA
REGULAR CITY COUNCIL MEETING
October 7, 2002
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Proclaim Minnesota Manufacturer's Week October 21-25, 2002
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments)
a) Dan Johnson
b) James and Victoria Munro
7. CONSENT AGENDA
a) Approve Council Minutes (9/16/02 Regular)
b) Appointment Recommendation - Police - Administration
c) Adopt Resolution - Appointing Election Judges, General Election-
Administration
d) Adopt Resolution - Acknowledge Retirement - Administration
e) Adopt Resolution - Acknowledge Retirement - Parks and Recreation -
Administration
f) Capital Outlay - Parks and Recreation
g) Set Public Hearing Beer and Wine License - Administration
h) School and Conference - Fire Department
i) Appointment Recommendation - Housing and Redevelopment Authority -
Administration
j) Appointment Recommendation - Heritage Preservation Commission -
Administration
k) Reschedule 2002 Sealcoat Project Assessment Hearing - Engineering
1) Akin Road Project Reimbursement - Engineering
m) Approve Change Order - 19Sth Street Extension Project - Engineering
n) Approve Development Contract Change Farmington Acres - Engineering
0) Approve Landscaping Easement Agreement Outlot D Tamarack Ridge -
Engineering
Action Taken
Proclaimed
Information Received
In/ormation Received
Approved
Approved
R87.02.
R88-02
R89-02
Information Received
October 21,2002
Information Received
Approved
Approved
R90-02
Information Received
Approved
Approved
Approved
p) Appointment Recommendation - Community Development - Administration
q) Approve Bills
8. PUBLIC HEARINGS
a) Adopt Resolution - Middle Creek East Easement Vacation - Community
Development
9. A WARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Resolution - Middle Creek East Development Contract - Engineering
b) Adopt Resolution - Middle Creek 7th Addition Development Contract -
Engineering
c) Adopt Ordinance - Temporarily Prohibiting Development in the "Opportunity
Grant Study Area" - Community Development
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
a) Traffic Signal 3rd and Elm Street - Engineering (verbal)
b) Traffic Study Walnut and 6th Street - Engineering (verbal)
14. ADJOURN
Whereas:
Whereas:
Whereas:
Whereas:
Whereas:
Whereas:
50-
MINNESOTA MANUFACTURING &
TECHNOLOGY WEEK 2002
Manufacturing and technology intensive industries are a dynamic part of
Minnesota's prosperous economy, and promotion of this sector's strength, success
and high quality oflife is an integral part of Minnesota's Big Plan; and,
Manufacturing technology provides high skill, high wage jobs which significantly
contribute to Minnesota's high standard of living and economic vitality; and,
Manufacturing technology has the second largest total payroll of any business
sector in Minnesota, providing $23 billion in 2000 wages; and.
Manufacturing and technology intensive industries employ nearly one sixth of the
state's non-farm workforce. Since 1990 Minnesota's technology intensive
employment grew 18%; and.
Manufacturing and technology employees in Minnesota earn an average of 31
percent more than other Minnesota private sector employees; and.
The manufacturing and technology sector employment grew 2.9 percent
nationally between 1990 and 2000. while in Minnesota it actually increased 17.7
percent (an estimated total of nearly 510,000 jobs).
NOW THEREFORE, I. Gerald Ristow, Mayor of Farmington, Minnesota, do hereby proclaim
that the week of October 21 - 25. 2002 shall be observed as:
MINNESOTA MANUFACTURING AND TECHNOLOGY WEEK
in the City of Farmington on this ih day of October, 2002.
Mayor
/ lj~cf
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463~7111 Fax (651) 463-2591
www.cLfarmington.mn.us
~Q,
TO:
Mayor, Council Members~
and City Administrator ~
Daniel M. Siebenaler
Chief of Police
FROM:
SUBJECT:
Cat Ordinance
DATE:
October 7, 2002
INTRODUCTION
At its regular meeting of September 16, 2002 the City Council directed staff to research animal
ordinances that included cat enforcement and forward information about the feasibility of such
an ordinance.
DISCUSSION
Staff has reviewed the ordinances and enforcement as conducted in neighboring communities.
In comparing ordinances staff believes that the existing Farmington Code can be used to
accomplish the suggested enforcement by adding language, making enforcement applicable to
cats and dogs equally. This would require a relatively minor amendment to the existing City
Code.
The next step in the process would be deciding the method. of enforcement. Staff has determined
that there are three readily available methods.
. The first is to allow the Animal Control Officer complete authority over cat complaints. This
would allow for patrol and enforcement identical to the process currently used for dogs.
. The second method would allow enforcement by a local Community Service Officer who
would respond to complaints; trap cats and turn them over to Animal Control for boarding
and eventual disposition.
. The third method would provide resident complainants to use City-owned live traps, bait
them and conduct their own trapping. Once trapped, cats would again be turned over to
Animal Control for boarding and eventual disposition. This third method would provide the
least involvement and therefore expense of city staff.
Based on staff research the City should conservatively estimate 200 cat complaints per year, with
a higher number during the first few years. The City of Rosemount has been conducting cat
enforcement for over 30 years and still responds to approximately 200 cat complaints each year.
n should be noted that when Last Hope was asked to trap cats in one neighboring manufactured
home park, it trapped 127 cats in the first year alone.
Accordi~g, to information received from 4-Paws Animal Control, Last Hope and Best Friends Pet
Rescue It IS safe to assume that 90% of all cats trapped will go unclaimed by their owners. This
I~
compares to only 15% of dogs. Using the earlier conservative estimate of 200 cats per year that
means the City will be financially responsible for approximately 180 cats per year. The effect of
that retrieval rate will be discussed under the Budget hnpact later in this memo.
It should be noted that while conducting research staff was asked by animal rescue groups to
strongly consider cat adoption as opposed to euthanasia and cremation. While this appears to be
a viable option, the City would remain responsible for Animal Control costs and City expenses
would be only slightly reduced. Failure to participate in some form of animal rescue or adoption
option would likely result in a large response from a variety of animal rights groups.
Staff has also been asked by these same groups to encourage City Council consideration of a
spay and neuter law. Under such a law, unless specially licensed, all cats would be manditorily
spayed or neutered. It should be noted that while similar laws are widely used in California, no
such laws are known to exist in Minnesota.
BUDGET IMPACT
In determining the costs associated with cat enforcement staff referred to the existing Animal
Control contract. Prices for cats would be the same as those for dogs under the current
agreement. The staff estimate for Animal Control for cats alone would be $145.00 per cat. That
cost is broken down as follows:
. Response $35.00
. Pick-up $10.00
. Daily Boarding Fee $10.00 (Maximum of6 days, $60)
. Euthanasia $15.00
. Disposal $25.00
Based on the earlier estimate of 200 cats and the retrieval rate of only 10% the City can estimate
that animal enforcement including cats would increase by $26,100.00 per year. The requested
animal control budget for 2003 is $12,500 therefore that budget would increase to $38,600 when
cats are included
Pursuant to previous City Council direction staff has attempted to recover a portion of animal
control costs through animal licensing. This year the City will recover approximately 80% of our
animal control costs through these license fees. Many of these licenses are purchased only after
the dogs have been picked up by Animal Control at which time the license is required. In the
case of cats, with a retrieval rate of only 10%, the likelihood of licensing cats through this
mechanism is very small and few additional licenses would be sold. In order for the City to
recover 80% of its animal control costs, a license would cost in excess of $25.00. It is staff
belief that such an increase would result in greatly reduced voluntary licensing of animals and
thereby increase the City's unrecovered expenses.
/t./~0
ACTION REQUESTED
This information is presented for City Council information and discussion.
Daniel M. Sie enaler
Chief of Police
Cc: Dan Johnson
5225 Upper 183rd St
1'1<:67
"
i
I
.JJ--?~\',
F~~~. '1' /.~. .' :
;;;dr, - .L.-.".....{:.t,
~ ... .,'- .-.-
,;,. S.,-
~-;3. ~l'? r::.'
~l ."' ~ :~ r:'~~~
~, ~~ ~..~ ..-:..,.,:
:"D. _c .. .-
NJ.~J \. ~.../..-
':"r.~h:.:'t/.'::. .
.. -
CITY OF ROSEMOUNT
~.FAXN:o. is 651~23-5203
OTY HAll
2873 -1451h Street West
. Rosemounl, Mill
S506B-4997
Phone: 651-423--4411
Hearing lrtl~irtd 651-423-6219
f~ 651-423-520)
Everything's Coming Up RosemountlI
DATE:
q-IJ'D~
FACS:tM::I:LE COVER LETTER
~
Please deliver the following page(s) to:
[)I>JY\ Johk..~
FAX NUMBER: 96' "2 - 7'Lf":J... - 3) ;l~
ffi~: ~~ .
- (' u.f~\o~D-.~'~ ~~ l-Wj
NAME:
1m:
TOTAL number of pages including this c~ver sheet: ~
s-
:MESSAGE:
If you do not receive the entire FAX, please call
as soon asposs~ble.
'.~
HARD COpy TO FOLLOW 0 YES 0 NO
CONFIDENTIALITY NOTICE-: The materials enclosed with this facsiJ:cilc tral1SII1ission ~ private and
con.6denti.a.1lUld are the propaty of the !ender. The information ccntll.b:Il::d in the material is privileged ilZld is.
mtc.nded OIlly for the use of the iodividua1(s) or entity(ies) named above. If you are notthe .fntendtd~cipi:=ut,. be
advised that any utl2uthorized discloilIl"l:, copying, distribution, or the i:2.king of 3IJ.y action in relW1ce on the .
cont~ts of this telecopied infoIImltion is strictly prohibited. If you have received t!lis facsimile transmission in
mor, please immediatdy l10tify us by telephone to amIlgt for retum 0 tb: forwarded documents to us.
l'd 099'oN
[(L 3~Vd 031NIHd) L 3~Vd
WOH~
W~ L G : II GO 0 G . 8 l . d a S \
ZL~B-9L~-ZL9 IV Z06L BL:ZL ~L/60 03^I3J3~ ]
'I
i
i
...~
5-2-1
"-
)
)
SECTION:
'\
,
I
._1
5-2-1 =
5-2-2:
5-2-3:
5-2-4:
5-2-5 :
5-2-6 :
5-2-1 :
CITY
5-2-1
CHAPTER 2
WEED AND VEGETATION CONTROL
Definitions
Nuisance
Exemptions
Enforcement
Hindrance of City Employees
Remedies Cumulative
, ~
,D A-k- yr<JD lA (11
VLV it ' 1\ ~ ,.., 19
: S 3 [D'
DEFINITIONS:
City shall mean the City of Rosemount.
The Landscape Plan shall be an accurately
dimensioned drawing of a property showing
the location of existing and proposed
structures, pavement, trees, shrubs. grasses,
flowers, areas of nonliving ground cover, site
furniture and furnishings. The Plan shall label
symbols shown; provide construction notes,
details and sections as are necessary for a
complete installation; and provide calculations
for any required buffering, screening, open
space or impervious surface retirements or
limitations. Commercial, industrial, office and
multi-family project plans, where the structure
is over five thousand (5.000) gross square
feet, shall be prepared under the supervision
of a landscape architect or designer. The
Landscape Plan shall also Include a written
description of how the property owner or
manager will prepare the property prior to the
new or refurbished landscape construction;
how noxious weeds as defined by the State
LANDSCAPE PLAN
891
Z 'd 8t99'oN
[(2 3~Vd a3INI~d) 2 3~Vd
HO~~
~v LZ : II GOO Z '8 l ' des
2L~B-9L~-2L9 IV 206L BL:2L ~L/60 03^13~3~ ]
5-2-1 5-2-2
Landscape Plan (cont,,) of Minnesota will continue to be controlled;
what the establishment period will be; and
what maintenance efforts will Occur during and
after the establishment period to create and
perpetuate the proposed Landscape Plan. A
Landscape Plan shall not be requlred for
properties maintained as required by Section
5-2-28.
MAINTENANCE STRIP A maintenance strip is a five foot (5')
(minimum) area of an exempt property that
abuts a nonexempted property that must be
maintained as required in Section 5-2-28
where feasible so as not to interfere with the
maintenance of the nonexempted property.
NATURAL AREA
Natural areas shall be those areas that allow
wildlife habitat and/or natural vistas and shall
include those areas which consist of slopes
equal to or greater than a ratio of three to one
(3:1), those areas whlch are adjacent to public
open spaces, parks or drainage ways which
are retained in a natural condition with natural
vegetation; or open spaces one acre or larg~r,
woods and wetlands. Areas around principal
structures and driveways do not qualify as
natural areas.
\:"-_.
'~,:).{ .
NOXIOUS WEEDS
Noxious weeds shall be those plants which are
determined, from time to time. to be noxious
weeds pursuant to Minnesota Statute 18,,171,
subdivision 5.
PRINCIPAL
STR U.CTU RES
Principal structures include, but are not limited
to houses. garages, and buildings used for
businesses..
5-2-2; 'NUISANCE:
A. Noxious Weeds; Notwithstanding any provIsion of this Chapter to
the contrary, noxious weeds growing upon any lot or parcel of
property, regardless of height; zoning classification or area on the
parcel upon which they are growing, are hereby declared to be a
nuisance and dangerous to the health and safety of the City.
891
S 'd SV99'oN
[(~ 3DVd 031NIHd) ~ 3DVd
WOH~
~v L G : II GO 0 G . S l . d a S
ZL~S-9L~-ZL9 IV Z06L SL:ZL ~L/60 03AI3J3H ]
..... J
j
. 00'- ,_.)
5-2-2
,
I
All Zoning Districts Except FW, AG. AGP; Unplatted Properties: All
weeds (other than noxious weeds) or growing grasses upon any lot
or parcel of land in the City but for those in Zoning Districts FW,
AG or AGP. or upon unplatted properties, that measure, from
ground to tip, in excess of eight inches (8"). or which have gone
or are about to go to seed, are hereby declared to be a nuisance,
unsightly and dangerous to the health and safety of th
"
j
./
EXEMPTIONS:
A.
Zoning Districts Not Included In 5-2-2: Land lying within any
zoning districts not included In Section 5-2-2B are exempt from
thlsChaptar except as set forth in Section 5-2-3E below.
Landsoape Plan: Property owners or their assigned managers who
tile with the City, the Landscape Plan which has been approved by
the City to oreate and maintain ornamental grasses. wetland,
wooded land, upland, prairie or wild flowers shall be exempted
from thIs Chapter. Exemptions shall be granted or denied
administratively. Aggrieved property owners may appeal to the
Planning CommIssion within ten (10) days Of the administrative
denial, and to the City Council within ten (10) days of a denial by .
the Planning Commission. Failure to maintain the parcel In
accordance with the Landscape Plan upon proper notice shall void
the Chaptar examption. A maintenance strip shall be maintained
where feasible. A fee established by the City Council shall be
charged when a Landsoape Plan is submitted for review.
C. Natural Areas: Natural areas shall be exempt from this Chapter. A
maintenance strip shall be maintained where feasible.
B.
D. Parks: Parks shall be exempt where topography or intended use
do not allow maintenance, provided, however, that maintenance
strips shall be required where feasible.
E. Noxious Weeds: Noxious weeds, regardless of height, zoning
classification of lot or parcel on which they are found, shall not be
exempt from this Chapter..
5-2--4: ENFORCEMENT:
A. Notice: Upon discovery of a nuisance as defined in this Chapter,
the Weed Inspector, or his or her assistant or designee. shall
891
t 'd 099'oN
[(; 3~Vd a3INI~d); 3~Vd
&; \ \ ~:'/l~
~ JhV
I<'J~ ~
~~
HO~~
~~ 86 : II 6006 . 8 l . de S
2L~B-9L~-2L9 IV 206L BL:2L ~L/60 a3^I3J3~ ]
i
'I
I
I
5-2-4
5-2-6
A) serve a notice upon the owner, occupant or agent of the owner of
the property ordering such person to have such weeds or grass
cut and removed or otherwis"e eradicated and removed within ten
(10) days from the date of mailing, The notice shall also state that
in the event of noncompliance. cutting. removal or eradication will
be done by the City, with all costs to be paid by the owner,
together with an administrative fee of ten percent (10%) of the
costs. or ten dollars ($10.00), whichever is greater.
B. Assessment: A record showing the cost of work attributable to
each separate lot or parcel shall be delivered to the City Clerk. If
all costs and fees are not paid within thirty (30) days' of the date
of completion of the work, the amount so charged. including the
administrative charge. together with accrued interest thereon at the
maximum lawful rate permitted. against said lot or parcel of land.
together with a description of the premises and the name of the
owner, if known, shall be certified to the County Auditor and shall
be collected in the same manner as taxes and/or speoial
assessments against said premises. The charge shall be a
perpetual lien on the premises until paid. No interest shall accrue
after the amount due is certified to the County Auditor.
5-2-5:
HINDRANCE OF CITY EMPLOYEES: Any person who
shall hinder a City employee or agent in 'carrying out the
requirements of this Chapter shall be guilty of a misde~
meanor.
5-2-6: REMEDIES CUMULATIVE: Nothing contained in this
Chapter shall be construed to limit or supersede any other
statute, regulation or ordinance. and the remedies of the City set forth
herein .shall be cumulative with the remedies of the City contained in any
other applicable statute. regulation or ordinance. (Ord. XIV.1 0, 6~4-91)
891
9 'd Eg9'oN
[(~ 3~Vd 031NIHd) ~ 3~Vd
WOH~
~~82;ll 2002 '8l'd8S
2L~g-9L~-2L9 lV 206L 6L:2L n/60 03^I3:J3H ]
\'
~..~/,;~\~.,-
.:~'E-':-.. ,.. ; ~:~"- ~
~~ -, /,~~,":';;
';'q --.
~'_. ~,? P-i
~1' ]'.. l-;c~~
'9'~.. . ..tj'~ ::=' '"
~~~~;~:
~.FAXNo. is 651-423-5203
mY HALL
2875. '145th 5ll'eet We1t
-Rosemounl. MN
550684997
Phor\e: 6 51-42~-4411
Hearing Impal~ed 651423-6219
fax: 551-423-5203
CITY OF ROSEMOUNT
Everythjng'.s Coming Up Rosemountll
F A~StMrLE. COVER LETTER
'1-
DATE:
q~/J'D~
FROM:
Please deliver the following page(s) to:
D AJ'r\ :I oh~.~
F.AX NU1Y.1J3ER: 9 5 ;Z - 1'1 J.. - ] .;2~
Ct~6
C o.:r1 bo~b-~\~
NAME:
RE. ..
-.
'Le~ y of
jVl';V \ \A-
C~\~ (
\. .J\ r;J
c,r"
[f\j
TOTAL number of pages including tills c<?ver sheet:
9
l\1ESSAGE:
If you do not receive the entire FAX, please call
as soon as possible.
'.-
HARl? COpy TO FOLLOW 0 YES 0 NO
CONFIDENTIALITY NOTICE: The riJaterials enclosed with this facsimile transmission m: privat~ and
con.5dentizl and are the property of the s:nder. The infon;oation contained in the w.a~ccial is pIi'r'ileged 8Ild is
Iml:.nded only for the USe of the individual(s) or entity(ics) named above. If you are tlot the intended reclpi:nt, be
advised that any tI:I;Iauthorlzcd disdosure, copying, distribution, or the takiDg of any action In relimfee OD. the .
cont:Ilts of this telecopied infonnatioP. is strictly prohfoited. If you have Ieceiv~d this facsimile ~Ol:l irt
mOr, please immediately l:lotify us by teI:pbone to a..'l2.D.ge for return. 0 the forwarded documen!S to us-
I 'd l199'ON
[(L 3~Vd 03LN[~d) L 3~Vd
wo~~
~~l9:0l GOOG 'Sl'd8S
2L~9-9L~-2L9 LV 206L ~~:LL ~L/60 03^[3~3~ ]
")
~
)
7-48-1
7-48-1
')
CHAPTER 4
DOGS AND CATS
ARTICLE B. REGISTRATION AND CONDUCT
SECTION:
)
7-48-1 :
7-48-2:
7 -4B.3:
7.46-4:
7-4B-5:
7 -4B-6:
7 -48-7:
Registration Provisions
Tag and Collar Required
Care and Maintenance Requirements
Restraint Required
Confinement Provisions
Noise Nuisances
Proceedings for Impoundment or Destruction of Certain
Animals
Sanitation
Yard Cleanup
7.46-8:
7-4B-9:
7-48-1 ;
REGISTRA nON PROVISIONS:
A. Requirement No person in the City shall own, harbor or keep a dog
or cat over six (6) months of age, within the City, unless a current
registration for such dog or cat has been obtained as herein
provided" (Ord. XIV"9, 7-5-89)
8" Application: Application for registration shall be made to the Police
Department. It shall include such descriptive information as is
necessary to provide a reasonable identification of the dog or cat
and owner. (Ord.. XIV.12, 4-20-93)
C. Term of Validity: All registrations shall be valid for two (2) years, said
biennial period being from June 1 to May 31.
D.
Fees; The biennial registration fee shall be nominal, to cover
expenses of registration and shall be set by Council resolution and
reviewed annually. (Ord. XIV,,13, 12.21-93)
,
/
494
City of Rosemount
Z 'd Zt99'oN
[(2 3~Vd a3INI~d) 2 3~Vd
~VZ9:Ol ZOOZ 'Sl'd8S
2L~g-9L~-2L9 IV 206L ~~:LL ~L/60 a3^I3J3~ ]
wo~~
7-4B-1
7-48-2
E. Rabies Vaccination: All animals, in order to be registered, shall have
a current rabies vaccination and such vaccination shall be effective
for the registration period, current status to be determined by a
veterinarian certification"
F. Duplicate Tags: In the event that the permanent registration tag
issued for a dog or cat shall be lost, the owner' may obtain a
duplicate tag on the payment of an amount as stipulated by Council
resolution. .
G. Transfer of Registration: If a dog or cat dies within the registration
year and a dog or cat is secured to replace the one so dying, the
registration for the deceased may be transferred to the replacement
animal upon payment of a transfer fee of one-half C/2) ofthe original
fee.
H" New Resident Exemptions: Any dog or cat owner, upon first
becoming a resident of the City. shall be allowed thirty (30) days
from such time within which to obtain the animal's registration" Any
dog or cat which may be impounded for violations of this Chapter,
within such thirty (30) day period may be reclaimed by the owner
without paying the impounding fee, but such owner shall be
responsible for paying the keeping of such dog or cat during Its
impounding.. Any dog or cat owner having a valid registration from
another municipality may, within thirty (3D) days after becoming a
Rosemount resident, secure a Rosemount registration for which the
owner shall pay a fee prorated to the remainder of the ye~r upon
surrender of the valid registration from a previous registering
municipality. An affidavit identifying the animal and stating the date
of commencing residence of the owner in the City shall be filed with
the application. (Ord. XIVA, 2-3-74)
I. Senior Citizen Discount: Senior citizens shall be offered a fifty
percent (50%) discount of the biennial fee. (Ord. XIV.13, 12-21-93)
7-4B-2:
TAG AND COLLAR REQUIRED:
A. Upon complying with the provisions of Section 7-46-1, there shall be
issued to the owner a permanent tag, stamped with the number and
year for which issued.
B" Every owner is required to keep a valid tag securely fastened to the
dog or eat's choke chain, collar or harness, Which must be worn by
494
City of Rosemount
S 'd Zt99'oN
[(~ 3~Vd 031NIHd) ~ 3~Vd
HOH~
~VZ9:Ol ZOOZ 'Sl'd8S
2L~9-9L~-2L9 IV 206L S,:LL ~L/60 03^13~3H ]
.....)
'\
/
~
,,/
)
7 -4B-2
7-46-7
the dog or cat at all times, unless such animal is on a leash or in an
enclosure. (Ord" XIV.4, 2-3-74)
')
7 -48-3: CARE AND MAINTENANCE REQUIREMENTS: No owner
shall fail to provide any animal with sufficient good and
wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering, and with humane care
and treatment. No person shall beat, treat cruelly, torment or otherwise
abuse any animal, or cause or permit any dog or cat fights. No owner of a
pet shall abandon such animal.. (Ord. XIVA, 2-3-74)
7-4B-4:
RESTRAINT REQUIRED: The owner shall keep his/her dog
or cat under restraint at all times. (Ord. XIV..4, 2-3-74)
7-48-5:
CONFINEMENT PROVISIONS:
A. Every owner shall confine within a building or secure enclosure,
every fierce, dangerous or vicious dog or cat and not take such
animal out of such enclosure unless such animal is securely
muzzled.
B.
Every female dog or cat in heat shall be kept confined in such
manner that such female cannot come in contact with another animal
except for breeding purposes within a building. (Ord. XIV..4, 2-3-74)
7-48-6:
NOISE NUISANCES: No person shall keep or harbor a dog or
cat in the City Which annoys others by barking or crying"
(1983 Code)
7-4B-7:
PROCEEDINGS FOR IMPOUNDMENT OR DESTRUCTION
OF CERTAIN ANIMALS:
)
l
Facts of Case: Upon sworn complaint of any person to a County
Judge in the County of Dakota that any of the following facts exist:
A..
1. That the animal has destroyed property or habitually trespassed in
a damaging manner on property of persons other than the owner;
)
494
City of R08efflQUnt
t 'd Gv99'oN
[(; 3DVd 03INIHd); 3DVd
~~ 8 9 : 0 l GOO G . 8 l ' des
2~~g-9L~-2~9 IV 206~ 5~:~~ ~~/60 03^I3J3H ]
WOH~
7~4B-7
7-48-7
2" That the animal has attacked or bitten a person without
provocation;
3. That the animal is vicious or shows vicious habits, or molests
people or Interleres with the driving of automobiles upon a public
highway;
4. That the animal habitually barks, cries or whimpers and is a public
nuisance;
5.. Or otherwise is being kept within the limits of the City in violation
of the provisions of this Chapter;
then the procedure set out in subsection B shall be followed.
B. Owner to Appear, Judgment: The County Judge shall issue a
summons directed to the owner or person having possession of said
animal commanding him to appear before said Judge and to show
cause why said animal should not be seized or killed or otherwise
disposed of by the poundkeeper, or any police officer or animal
warden. Such summons shall be returnable not more than forty eight
(48) hours from the date thereof and shall be served at least twelve
(12) hours before the time of appearance mentioned herein. Upon
such hearing and finding of the facts true as complained of, the
Judge may either order the animal killed, may order the owner to
remove it from the City, may order it confined to a de~ignated place,
or may order its sale or other disposition as herein provided for
impounded animals. In the event an animal has bitten a person, the
Judge may order the animal impounded at the owner's expense for
such period as may be reasonably necessary to determine whether
the animal is rabid. In the event that said animal is rabid, it may
summarily be destroyed"
C" Failure to Comply With Order: If the owner is ordered to remove the
animal from the City or is ordered to keep the animal confined to a
designated place and disobeys such order, he shall, upon the filing
of a complaint alleging that said order was disobeyed, and after
being found guilty of violating the provision, be liable to the
punishment for violation of this Chapter,
D. Applicability of Section: The provisions of this Section are in addition
to and supplemental to other provisions of this Chapter and shall
apply throughout the City.
494
City of R08emoullt
9 'd Gv99'oN
[(5 3~Vd 031NIHd) 5 3~Vd
WOH~
~VS9:Ol lOOl 'Sl'd8S
2L~9-9L~-2L9 lV 206L 5~:LL ~L/60 03AI3J3H ]
",
.- l
~~
,
\
/
7-48-7
7-4B-9
"')
E.
Costs: Costs of the proceedings specified by this Section shall be
assessed against the owner of the animal, if said animal is found to
be kept in violation of any of the terms of this Chapter. (Ord., 1983)
')
7-48-8: SANITATION: All persons in control of an animal on park
property or other City property or public right of way shall
have in his/her possession at all times apparatus which can be used for
cleaning up feces and/or a bag for proper disposal of feces. The person in
control of an animal is responsible for pickup of his/her animal's feces and
disposing of it properly. (Ord. XIV.15, 11w7-1995)
7-4B-9: YARD CLEANUP: A property owner is required to clean all
feces from hislher property every twenty four (24) hours in a
residentIal area. (Ord. XIV.9, 7-5-1989)
)
197
City of R08cmount
9'd Gv99'oN
[(9 3~Vd 03INI~d) 9 3~Vd
~Vv9:Ol GOOG '8l'd8S
2L~9-9L~-2L9 IV 206L ~~:LL ~L/60 03^13J3~ ]
HO~~
.\
.'
\
."J
\
-J
/
7 -4C-1
7 -4C-2
)
CHAPTER 4
DOGS AND CATS
ARTICLE C. KENNELS AND CATTERIES
SECTION;
7-4C-1 :
7-4C-2:
7 -4C-3:
License Provisions
Application Procedures And Issuance Of Licenses
Premises Requirements
7-4C-1 :
LICENSE PROVISIONS:
A..
Requirement, Fee: No person shall operate a commercial or
residential kennel or cattery in the City without first obtaining a
license as provided in this Article. Application shall be made to the
City Clerk and shall be accompanied by the application fee, the
amount of which will be set by Council resolution. The Clerk shall
refer the application to the City Council, which may grant or deny the
request. Licenses issued for kennels or catteries shall be on an
annual basis from April 1 to March 31.
B.. Application: The application for a kennel or cattery license shall state
the name and address of the owner of said kennel or cattery, the
location where the kennel or cattery is to be kept and the number of
dogs or cats proposed to be kept.
Coo Transfer: The kennel or cattery license is not transferable except on
application of both the old and new owners and the payment of the
sum, as set forth by Council resolution, to the City Clerk. (Ord.
XIV.18, 4-6-1999)
7 -4C-2:
APPLICATION PROCEDURES AND ISSUANCE OF
LICENSES:
\
/
A. Process: Kennel or cattery license applications may be referred to
the Building Official or designee who shall review the kennel design
I
.I
799
City of Rosemount
L 'd Gt99'oN
[(L 3~Vd 031NIMd) L 3~Vd
~vt9;Ol GOOG 'Sl'd8S
2L~9-9L~-2L9 lV 206L S~:LL ~L/60 03^I3J3M ]
HOM;
7-4C-2
7 -4C-3
and operation and make a recommendation to the City Clerk on the
adequacy thereof. Not less than ten (10) days before the kennel or
cattery license is considered by the City Council, the City Clerk shall
mail notice of the license application and a public hearing to the
owners of property within one hundred fifty feet (150') of the property
on which the proposed kennel would be located. The failure of any
owner to receive such notice shall not invalidate the proceedings.
B. Council Approval; The City Counoil may approve the kennel or
cattery license and may attach to such approval any oonditions
necessary to ensure compliance with this Article, with other City
ordinances and any other condition necessary to protect the health,
safety, and welfare and property values in the immediate area. The
City Council may deny a kennel or cattery license upon finding that
the establishment of the kennel would constitute a public nuisance,
or would adversely affect the health, safety, welfare or property
values of the person residing~ living or owning property within the
immediate area.
c. Renewal Of License: The license 'shall be renewable by the City
Clerk upon payment of a renewal license fee set forth by City
Council resolution, provided no more than four (4) complaints
regarding the kennel's operation have been received during the
license year. In the event that no revocation of the license is made
or contemplated by the City Clerk, the license shall be renewed,
D. License Revocation: In the event a complaint has been received by
City officials, a report thereof shall be made to the City Council by
the City Clerk, and the Council may direct the applicant to appear to
show c,ause why the license should not be revoked. A license may
be revoked, or the Council may decline to renew a license, for
violation of this Article, other City or~inances or any condition
imposed at the time of issuance or reissuance. (Qrd. XIV.18,
4-6- 1999)
7 -4C-3:
PREMISES REQUIREMENTS:
A. Fence For Confinement: No license shall be granted to any owner for
the operation of a kennel or cattery unless the area within which the
animals are to sleep, eat or exercise shall be enclosed completely
with a fence sufficient to ensure the confinement of said animals.
B" Sanitation, Noise: Every kennel or cattery shall be maintained and
operated in a neat and sanitary manner. All refuse, garbage and
799
City af Rosemaunt
8 'd 6Y99'oN
[(g 3~Vd Q3IN[~d) g 3~Vd
HO~~
~VY9:Ol 6006 '8l'dBS
2L~g-9L~-2L9 IV 206L S~:LL ~L/60 Q3^[3~3~ ]
\
)
")
,., -)
~
"
)
)
)
7 -4C-3
7 -4C-,3
animal waste shall be removed and disposed of properly at regular
intervals so as to keep the surrounding area free from obnoxious
odors. No owner shall permit any of his animals to create any
unusual noise from barking, crying, howling or screeching, or create
any disturbance or nuisance of any kind whatsoever which unduly
impairs the quiet and peaceable enjoyment of the surrounding area
by other reaid ents. (Ord. XIV.18, 4-6-1999)
799
City of Rosemount
'd ZV99'oN
[(6 3~Vd a31NI~d) 6 3~Vd
~~99:Ol ZOOZ 'Sl'd8S
2L~B-9l~-2L9 lV 206L 9;:LL ~L/60 a3^I3J3~ ]
wo~~
rob
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor, Councilmembers, City Administrator
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Citizen Comments - James and Victoria Munro
DATE: October 7, 2002
INTRODUCTIONDISCUSSION
At the September 16, 2002 City Council meeting, James and Victoria Munro expressed concerns
regarding vehicle speeds and safety in regards to Embers A venue. Staff has spoken with Mrs. Munro
and staff will be meeting with the Munro's and other representatives from the neighborhood in order
to discuss the possibilities for resolving some of the resident's concerns. The meeting is scheduled
for October 9, at 5 :00 pm at City Hall. Staff will submit a report of the meeting at the October 21,
2002 City Council meeting.
BUDGET IMPACT
None.
ACTION REQUESTED
For Council's information.
Respectfully Submitted,
~f11~
Lee M. Mann, P.E.,
Director of Public Works/City Engineer
cc: file
James and Victoria Munro
/</~co
.....
.-
E
:::i
"'CS
CI)
CI)
a.
UJ
-
ca
.-
.....
I:
CI)
"'CS
.-
fn
~
"C
!
S
C(
~
o
u.
c
o
..
..
CI)
Q.
~ ~"5~
~'t-O)ooo
OO:5E:5a.
0) +J .c:. .- E
.c:. m ~ ~ 3: ._
:::~3:coO)o
CO(/)-oO)::J+J:r:
:5 0) ~ Q) ffi ~a..
1ii:5t::.c:..a:3:~
0) e: ~~ ~LO
::JOe: .~CN
g:r: 0 ~ 0) 0 0
'-a..Oe:.cO)+J
~~ 0) 0) E .c:. ~
~ LO ro K w :::: .E
,-N 0) 0 0)0)-0.
0) 't- :> 0).5 ~ 0)
.c:.o:>>(/) 0)
o~ O)::J~ a.
-oE.-;-o(/):>(/)
-:.= 0) 0) 0) 0)
e:-o~c:o ..c:.
o 0) +J .- .- e: +J
+J cn(/).c:.o
g>~ ::J O)~ ~
. - (/) .c:. 0 > (/) ::J
E_LO..c:,-O)-o
'-COO> 3: 0)0)0)
co~~O)c:c:,-
LLe:__e:3:80
't-O)- 0 +J
o-oe:o O)(/)
.- co +J 0) .c:. .-
Z:'(/):=0) E+J-o
U~co::JoO)o
-o~-o.c:.(/)O
O)Q) O)3:co..c:
5~-O::J0)Q)o
't-2coc:c:o.c
o - '- 0) +J ..c:
co 0) > (/) -0 0)
~ e: E <( co 0) .-
e:cow(/)=-o~
0) +J '- 0)-0
-oe:e:O)~co,-
.- 0) 0) > ::J
(/) Q).c (/) 0) 0
~E~Ecoe:'t-
-0 0) .t:i W (/) .0) 0
0) a.~ e: 0).0 ~
e:E OO(/)+J
0).- 0) .- +J 0)
.- c: ::J O..c: 0) ~
(/)oc:b::O)O)co
Q)+JQ)co>,=(/)
-0 0) > .= e: (/) 0)
c: .5 <( -0 .0 CD :5
::JE(/)e:+J:;::::;
0) '- '- co Q ::J
co 0) - 0
:5LL.c-o,=
- 't- E Q) (/) Q)
:>.0) 0 W ~ 5 0
:> (/)OE
..I
..,
Q
!
=
10
c
Q
is
1:
.
~
A
I
!
J
-
-
C
1:
A.
-
at
E
..
z
r
-
if
~
V'
~
<:D
~
ill
1\
j)
~
.-
o~
Jl.
~
~
s
tl{ SJ
r.C\ ~
~ oM
u. ~
\JO _ _
r'
1-
J
~
<t'
t!-
o
r.
d
'>
..)
~, .;
C ....A. ~
....
~ ")
~B
~~~
-.
..
.e
:.:i
"C
CP
CP
Q.
en
-
C'G
.-
..
c
CP
"C
.;
&
"C
!
S
C(
...
o
IL.
C
o
.-
..
.-
..
CP
a..
Q)......Q)
~ Q)'-::l>
.- 't- .J::. 0 0 e
UO......E:5a.
...... . - E
~ Q):5 ~ == ._
......~==coQ)o
...... ...... ::l.......
CO en -0 ~ c: ~:J:
:5Q)Q)Q)Q)coa..
en:5E.=~==~
Q) c:o ~ cn~N
::l C:. '- c:
O":J: 0 S Q) 0 .9
~a..O~.cQ):!:
~~ ~ E E :5 E
.cLO CO a.W_:.::
~NQ)Og>m-o
Q) 't-O:::> Q). _ ~ Q)
.J::. ::>>enQ)Q)
o ...... Q)::l:::> a.
-0 .E -.i -0 en::> en
-:.:: Q) C) Q) Q)
c: -0 ~ .~ .~ C :5
.9Q)...... cn.J::. 0
C) Q) C/) ::) Q):.;:; ~
c: a..J::. 0 > en ::)
. E en ii5 L:. '- 0) -0
=coO)==~g>~
..v :.;:; ~ Q) ~ 0
u..C:-oc:~o.s
't-Q)c:o Q)en
O:c CO ...... Q) L:. ._
~cn-Q)E......""O
:!: Q) .cu ::) 0 Q) 0
U ~ 1-'- ""0 L:. en 0
Q) ""0 Q) ~ CO .s::.
.s::.~""o::):>Q)o
......Q)-c:Q)0.c
't-=!::~Q)C:""".s::.
o CO Q) > en-o C)
en E <( CO Q) .-
...... c: ""0 Q)
C:Q) CO W ~ Q) -0 c:
-oC:C:Q)==co~
.- Q) Q).c C) 0
enEQ)Eenc:
~ Q) .! W : .Q) '0
~c..Q) c: Q).c ~
c: E .c 0 .0 ~ CD
C) . - Q) 0 .J::. Q) '+"-
.- c: ::).- Q) Q) CO
~oc~>'-en
Q)c,~~c:enQ)
""0 c:<(......o.......r=
c: . - "'C . _ Q) ......
::)Eenc:o:;::;
Q) '- '-0) CO ::) ::)
.s::.CO '-0
...... u.. .cE ~ en Q)
-'t- Q) C '-
:::>.Q) 0 W a. 0 0
::> enOE
s
c!
I!
:s
16
c
I:D
CiS
c
j
~
')
~
~
~
I
!
!
;::-
C
1:
Q.
-
CD
E
.
z
...
.-
E
::::i
"C
CD
CD
c.
tn
-
ns
.-
...
c
CD
"C
.-
In
&
"C
!
S
-
<C
~
o
LL
C
o
.-
...
;:;
CD
Q.
.2=" Q) ....... Q)
,- ~ Q) 0 O:J 0>
OO.c
....... E = a.
Q) Q) .c Q) '3: E
:5 Q) ~ s... ,-
.......b 3: roQ)o
ro en "'C Q) :J....... '
:5 Q) Q) s... c: >.:1:
........cc:Q)Q)roCl.
~~(u.=~3:~
:J 0 g ,en ~~
0'":1: 0 en s... c:
~Cl.oc~O.9
>.~ ~ EQ) E ~ ~
~ L() ro Q. W ~ ,E
s...NQ)OO)Q)-
~ '0 S Q) ,5 ~ ~
o~ ~~Q)~
"'C ,E ....; "'C en S en
c- m O)Q) Q)
0"'Cs...C:0 '.c
....... Q) ....... ,- ,- c: .......
0) Q) Cf.) en .r:::. 0 Q)
c: Q. :J Q) ,-
,- en .c 0 > en 0
E_ii5.r:::.s...Q):J
s... ro 0) ::> Q) 0) "'C
ro.- ;:> c: c: Q)
LL.c~Q) os...
~Q)"'CC:~00
~~~.9Q)Q);;
~ en .s:::. ,-
~Q)==Q)E......."'C
O~~:JoQ)o
Q)"'CI-"'C.s:::. en 0
:5~"'C~3:m-E
~2roc:Q)00
oros...Q)c:........c
en Q)>en"'C.r:::.
....... c: E <( ro Q) ,2'>
5jroWen="'C~
"'Ccc:s...Q)"'C
'Ci) Q) Q) ~ 3: ro ::;
~~~E~g>~
"'C - ~ W en 'Q) 0
Q)Q.Q)C:Q).c
c: E..c 0- ~
0)'- Q) ,2 J9 .......
,- c: :J ,0 .r:::. Q) ~
~oc:::a:Q)Q)ro
Q).......Q)ro>.ben
"'C g> > .b c: en Q)
c: ,- <( "'C 0....... .r:::.
:JEenc::.;:::;Q).......
Q)s...s...roo-=:
.croQ) :J-
.......u....c"'C.b0
-~ E Q) en Q)
~Ow~ao
en 0 E
!
::s
..
c
9
en
c
i
~
I
!
J
..
.-
E
::i
'"C
CD
CD
a.
en
-
as
.-
..
c
CD
'"C
.-
o
CD
0::
'"C
e
S
<(
~
o
LL
C
o
..
~
D..
~ ~"5~
.- '+- <D 0 0 0
t.) 0:5 E:5a.
<D ..... .r:. . - E
.r:. ~ ..... ~ 3:._
:: .5 '3: ro 0) 0
ro(/)"o~~""'::C
= <D 0) 0) 0) in' c..
......r:.C.r:.>::>-=::::
(/) ..... L- <c > ,c::::::
<D c ~..... ~ L()
:::JOC '~CN
g:c 0 ~ 0) 0 0
L-c..OC.cO).....
~~ ~ ~ ~ :5 E
..c L() ro c. _:.::
~NO)OC>O)"O
0) '+- :::> 0) .5 ~ <D
.r:.o:>>(/) 0)
o :!::': O):::J ~ c.
-cE.;"O(/):>(/)
-:.:: 0) C> 0) <D
C"O ~ co ..r:.
o <D ..... . - . - c .....
0> <D en ~ -5.Q <D
c c. '10' ..... 0
. - (/) .r:. 0 > (/) :::J
E Lr5.r:.L-<D"O
L-com3:O)C><D
co:;::;~<DcgL-
u..c_c3:oo
'+- <D - 0 .....
o"Oco <D(/)
. - co ..... <D.r:. .-
Z'(/):=0) E....."O
.- ~ co :::J 0 0) 0
U L- "0 .r:. (/) 0
<D~.....O)3:co-E
=~"O:::J<DO)o
'+-~cocco.c
o - L- <D ..... ..c:
co 0) > (/) "0 C>
~ c E <C co 0) 'm
ccow(/)="Oc
<D ..... L- <D"O
"OCC<D::>co~
.- i'I'\ <D _ > _
(/) '10' 0) -- (/) C> 0
SDE.!Ecoc,+-
- 0) W .- 0
"0- (/)0)
0) c.~ C 0).0 ~
cE OO(/).....
C>'- <D .- ..... <D
. - C :::J. 0 ..c: 0) ro
~oc~<D>~(/)
<D.....<DCO .....
"0 C> > l:; c(/)O)
c .5 <( "0 .0 <D =
:::JE(/)ct):;::;
<DroCi;co:::Jg
=u...c"Ol:;
-'+- E m ~ ~
:::>.<D 0 W C. 0 0
:> (/)oE
.I
!
I!
::s
11
c
I:D
CiS
c
CD
~
~
V\
~
I
l!
!
~
%
~
% .':~
-
-
C
1:
A.
-
CD
E
.
z
~ C
~ dd
\Q
\~ \r) \Ii
~ ~ ~
~'Q \i
1l!1 !'-
~CJ
~~ ~
------
(
q
(()
..
.-
E
::i
"CS
CD
CD
Q.
(/)
-
C'G
.-
..
c
CD
"CS
.-
o
~
"CS
e
s
<C
~
o
LL
C
o
+:;
.-
..
CD
0.
~ ~"5~
~\to-CI)OOO
<..)O:5E:5Ci
CI) ...... .c. - - E
.c. ~ ~ ~ := __
:::~:=C\'SCI)O
~ en -eCl) ~ E ~:i
......CI)_CI)CI)C\'Sa..
Ci) :5 t: ..c: <(> := ~
CI) C CI) I- ~ LO
:Jog -f!!cN
O"J: 0 ~ CI) 0 0
~a..oC..c ......
Cl)CI)ECI)~
~~ '- E :5 E
..c LO C\'S a. W _ ==
~N CI) 0 O>CI)-e
CI) \to- ::> CI) _ 5 J!2 CI)
.c.o:>>en CI)
o~ CI):J~ a.
-e E.....-e en:> en
- == CI) 0> 0) 0)
c-e ~ co -.c.
o 0) ...... - - - - c ......
C, CI) en ~ .c.0) _ Q CI)
c a. ...... 0
-- en.c. 0 > en :J
E_Li).J::,-CI)-e
'- C\'S 0) ~ CI) 0> CI)
C\'S:.;::;~a;cg'-
u..c......c:=oo
\to- 0) - 0 ......
o :0 ~ .9 CI) ~ _~
~en:-:O)E"""-e
-- ~ C\'S :J 0 CI) 0
<..) '--e.c. en 0
0)a31-0):=C\'S€
:5~32:JO)O)o
\to-2C\'Scco..c
o - '- CI) ...... .J::
C\'S CI) > en -e 0>
~ c E <( C\'S CI) -CI)
cC\'Swen=-ec
CI) ...... '- O)-e
-eCCCl)~C\'S~
-- 0) O)..c:> -
en 0) en 0>0
~E~EC\'Sc\to-
- CI) W -- 0
-e- en 0)
CI) a. ~ c CI)..c ~
cE Ooen......
0> -- 0) -- ...... 0)
-- C :J O.c. 0) 'CO
f!! 0 c::e 0)> ~ en
CI)......O)C\'S ......
-e 0>> l:; c en 0)
c _5 <( -e 0 Q) :5
:JEenct>:;::;
0) '- '- C\'S - :J
C\'S 0) - 0
:5u....c-el:;
-\to- E 0) ~ 0)
~oW~oo
:> enOE
CD
11
Q
v
."
I
~
i ,
~ c:s- ~
'1, ~
9 1
c- r::--
'j
!
:I
i
Q
ii5
1:
.
I
i
I
:::
c
1:
Q.
-
.
E
.
z
~
t
o
Q
o
~
-s;
'\
...
.-
E
.-
..J
'"0
CD
Q)
Co
U)
-
ca
.-
...
c
Q)
'"0
.-
tn
&.
'"0
!
S
-
<(
~
o
LL
C
o
.-
...
.-
...
Q)
0..
~ ~~ ~
:!:'f-O>OOO
t) 0:5 E:5 a.
0> - J::. .- E
J::. O>Q) _ ~ ~ ._
~ -= .~ CO 0> 0
CO(/)-cO>~-::c
:5 0> 0> Q) 0> ~ 0-
_J::.c.s::.>:::::..-=:::
(/)-~L-<(:>IIIII:::::
0> c ~r- ~Lf)
::;)oc .f!?cN
gJ: O~ 0> 0.9
L;...Q..OC.oo>_
~~ ~ ~ E :5 'E
.oLf) ro c.w_:.=
~No>OO)O>-C
0> 'f- :::> 0>.5 ~ 0>
J::.o:>>(/) 0>
o :t::: 0>::;) ~ c.
-cE.....;-c(/):>(/)
-:.= 0> 0)0> 0>
C-c ~ co 'J::.
o Q) _ .- ._ c _
15> 0> (/) ~.s::.o>' 0 Q)
c 0.. - 0
. - (/) J::. 0 > (/) ::;)
E Li5..r:::.~0>-c
~ro(J)~O>O)O>
ro:;:::;~o>c5'-
u..c_c~oo
'f-O>- 0 -
o ~ ~.9 0> ~ .~
Z'(/)~o>E--c
.- ~ co ::;) 0 0> 0
t) ~-c..r:::. (/) 0
o>~""'o>~ro-E
:5~-c::;)o>O>o
'f-2rocco.o
o-~O> -..r:::.
co 0> > (/) -c 0)
.!!3 c E <( ro 0> '0>
crow(/)=-cc
0>- ~ o>-c
:2c55O>~ro::;
(/) 0> 0>.0 (/) 0) 0
SDE.!Eroc'f-
- 0> W .- 0
-c- (/)0>
0> o..~ c 0>.0 ~
cE OO(/)-
0)'- 0> .- - 0>
.- c ::;) .0 ..r:::. 0> 'to
f!?oc~~~(/)
O>-Q)CO -
-c 0)>.= c(/)O>
c .5 <( -c .0 Q) :5
::;)E(/)c-;:;
o>~~roQ::;)
roo> -0
.s::.u...o-c.=
......- 'f- E 0> ~ ~
~oW~oo
:> (/)oE
.!
..,
Q
~
('..
,
~
rJ
? \
rt- l-
i \
~~
!
::s
.
C
Q
CiS
c
i
&
s <~
,~ Q
-.2
3
~
~
<;:~~
:5 3 ~
~ G)
,.
l!
J
i~
"-Q
'" ~
~
stu)
~
'\:)-
---
=-
C
1:
A.
-
.
E
..,
z
~ Q)- Q) N ~
L... ::J > N
~ '+- Q) 0 0 0 CD D 9 ~
()0:5 E .s::. L... 11 --- l'
_ a. r- I I
Q)-.s::. ~ .- E Q ~- ,
.s::.Q)- ~.- ~ ~ Q'
0).-
-L;,.~ co Q) 0
--
CO(/)"CQ)::J-:i
.s::.Q)Q)L...e~
-.s::.eQ)Q)coa.
(;)_L....s::.~~::?i
Q) c ~I- ~Lt)
::Joe '~cN !
g:c 0 S Q) 0 0 :s
s.;...a.oe..oQ)- i
.. ~::?i Q) Q) E .s::. ~
.- ..c L... Ew- E Q
E Q) Lt) co a. _:.= -
en
.- L... N Q) 0 0) Q) "C
-I Q) '+- S CD .5 ~ Q)
"t:S .s::.0 >(/) Q)
CI) o~ Q)::J~ a.
CI) "CE....;"C(/) (/)
a. -:.= Q) O)Q) Q)
t/) C"C ~ co ..s::.
- o Q) _ .- ._ c _ c L
C'G ..... cn(/).s::.o
.- 0) Q) ::J Q)'- ~ i ?
.. c a. -
c . - (/) .s::. 0 > (/) ::J Q
CI) E _ LO.s::. Q) ~ "C ~
"t:S Co .~ 0) ~ c c ~
.-
f/> -~Q)~o
fi. LLc"Cc 00
'+-Q) 0-
O"CCO Q)(/) ~
." . - co..... Q) .s::. . - ~
b(/):-:Q)E-"C
! U~co::JoQ)o .j K>
S "C.="C.s::.(/)0 =
Q) Q) co .s::. ~ -~
- .s::.~"C ~Q)L... !
c( _Q)_::JQ) 0 J 5' ~
... '+-_COCeO..o
0 o - L... Q) - .s::. 1
co Q) > (/) "C 0) ~
LL SeE <C co Q) 'Q) \\) ~
C ccow(/)="Cc B c.,;:)
0 Q) - L... Q) "C \S'
~ :oc~Q)~co:s SL. '-...
.- (/) Q) Q)..o (/) 0) 0
..
CI) ~E.!Ecoe,+-
Q. "C Q) W (/) 'Q) 0
Q)a.~e~..o~
cE 00(/).....
0)'- Q) .- - Q) ~
.- C ::J.2 .s::. Q) 'CO I:
~oc:=~~(/) "C
A.
Q)-Q)CO _ -
"C 0) > ,J:; c (/) Q) .
e .5 <( "C 0 Q) :5 E
::JE(/)ct)+:; .
Q) L... L... co ::J ::J Z
co Q) 0
:5u....o"C,J:;
- '+- E Q) (/) Q)
~ow~so
(/)oE
.....
.-
E
::i
"C
CP
CP
a.
en
-
C'G
;:;
C
CP
"C
.-
tn
&
"C
!
S
C(
..
o
u..
c
o
;:;
;:;
CP
a..
.
~ ~~ ~
.- 'to- Q) 0 0 0
(.)o=E=o..
Q) ..... .s:::. . - E
.s:::. m :!: ~ 3= ._
:::J:; 3= CUQ)o
CU(/)-oQ)::J.....::e
= Q) ~ 03 ~ ~a.
1i)=t:.c~3=~
Q) c ~.... >- Lt)
::JOe: '~CN
O"J: 0 J!} Q) 0 0
~a.Oe:..c .....
>-~ Q) Q) E ~ :!:
~ Lt) Co K w ::: .E
03~~.Q g>m-o
.s:::. 0 :> ~ 'w:: m
o :!: Q)::J::a: c.
-oE....;-o(/):>(/)
-:.:: Q) 0) Q) Q)
C:-o ~ c:o ..c
o Q) ..... . - . _ c: .....
..... cn(/).s:::.o
0) Q) ::J Q)'- Q)
c: c. ..... 0
. - (/).s:::. 0 > (/) ::J
E_LO.c,-Q)-o
'-cuO>3=Q)O)Q)
cu~~Q)cc:,-
LLC:_c:3=80
'to- Q) - 0 .....
o-oe:o Q)(/)
.- cu..... Q).c .-
Z'(/)=::Q)E.....-o
U~cu::JoQ)o
-o~-o.c(/)O
~~-oQ)3=m-E
.....Q)_::JQ) 0
'to-.....CUc:c:O..c
o - '- Q) ..... .c
CU Q) > (/) -0 0)
J!} c: E <C CU Q) .-
c:cuw(/)=-o~
Q) ..... '- Q)-O
-oce:Q):>CU'-
.- Q) Q) ;> ::J
(/) Q)..c (/) 0) 0
~E:::i!!Ecuc:'to-
-0 Q) ..:::; W (/) . Q) 0
Q) c. ~ c: Q)..c >-
c:E OO(/).....
0)'- Q) .- ..... Q)
. - c: ::J 0 .s:::. Q) ~
~ocb::Q)>~m
Q).....Q)cu .....
-0 0) > J:; e: (/) Q)
c .~ <C -0 .0 Q) =
::JE(/)c:t):;::::;
Q) ro 03 CU ::J o::J
=LL..c-oJ:;
- 'to- E Q) (/) Q)
~owQ)5o
:> ~o E
..
a
!
:s
11
c
CD
ii5
c
.
~
~
'2
J
o
I
l!
J
~
'"
:\
=-
C
1:
A.
-
.
E
..
z
...
.-
E
:::i
"C
Q)
Q)
a.
en
-
as
.-
...
c
Q)
"C
.-
f!>
~
"C
!
S
C(
I-
o
LL
C
o
..
.-
...
Q)
Q.
~ ~"5~
:!:,+-Q)OOO
OO.c.
...... E :; a.
Q) CD.c. Q) .~ E
:; Q) :!: L... >.-
......b~COQ)o
CO en 'U Q) :::::s...... .
:; Q) Q) L... C ~ J:
.......c.cQ)Q)coQ..
en......L....c.>~~
Q) c ~..... <( ~ LO
:::::SOC .en-N
gJ: 00 ~ Q) g 0
L... Q.. c ..0 ......
~:E ~ ~ E ~ :!:
~ ~ CO Q. w :::: .E
Q) '+- Q).Q g> m 'U
.c. 0 S Q) .- ~ Q)
o:!: ~~Q)~
'U .E ~ 'U en S en
c- m c).~ Q)
o 'U L... co. .c.
...... Q) ...... . - . - c ......
g> Q) en ~ ~ .2 Q)
._ ~.c. 0 > en 0
E_iO.c.L...Q):::::S
L... CO 0) ~ Q) C) 'U
CO.- > - - Q)
LL.c'r"Q)-oL...
,+-Q)'Uc~oo
~:c ffi.9 Q) Q) -;;
~ en .c. .-
:!:Q):':Q)E......'U
OSo;..~:::::soQ)o
Q)'U.....'U.c.eno
.c.~--Q)~~-E
...... Q) ~ :::::s "" \U
'+-......coc\Uoo
OcoL...Q)c......"O
en Q)>en'U.c.
...... c E <( CO Q) . Q>
55coWen='U~
'UccL...Q)'U
'Ci) Q) Q) ~ ~ CO :s
Q)EQ)EenC)o
So;.. Q) ~ CO C
'U - .t:::; wen' Q) '0
Q)Q.Q)cQ)..o
c E..o 0- ~
C)'- Q) .2 ~ ......
.- c :::::s .0 .c. Q) ~
f!?oc~Q)Q)co
Q)......Q)co>l:;en
'U g> > l:; C en Q)
c . - <C __ 0 ...... .c.
:::::s E - .- Q) ......
Q)L...~ffiO;;
.c.coQ) :::::s:::::S
......LL...o'Ul:;o
- '+- E Q) en Q)
~oW~50
enOE
.!
c!
!'J
r1
.......
( "--'
\:j' \)........
ro
~
I
0-
l!
:s
..
c
Q
is
c
.
I
'2
J
oC:l
II
l!
J
~ \::)
-.r-
3~
;:-
C
1:
Q.
-
.
E
..
z
~
~
~
--
,J
<;)
.
~
I
Cl'
I
<S-
.'"
"
IV
.J>
~
\..U
>-
-
0-
C;fO
(r-
~
..
.-
E
.-
..J
"'C
CI)
CI)
~
UJ
'ii
.-
..
c
CI)
"'C
.-
o
~
"'C
e
s
<C
...
o
LL
C
o
.-
..
~
Q.
Q).....Q)
~ Q)L...~>
-- 'to- .s:::. 0 0 e
o 0..... E:5a.
..... -- E
~ Q) :5 ~ 3: __
.....~~COQ)O
..... .....:::> ~.....-
CO tJ) -0 ~ C ~J:
:5Q)Q)Q)Q)COa.
.....:5 E.s:::. <(> 3: :aE
tJ)Q) C Q) ~ ~ LC)
o tJ)-N
::Jo cujL...C 0
CT J: 0 ..... Q) 0 .....
~c..Oai.oQ):!:
~:aE ~ E E :5 E
.oLC) CO a.w_~
~NQ)Og>m-o
Q) '0 S Q) -- ~ Q)
.s:::. ..... ~ ~ ~ ~
.g - E .....; -0 tJ):> tJ)
-~ Q) C)Q) Q)
C -0 ~ _~ _~ c :5
.9 Q)..... tJ).s:::. 0
C)Q)CI)~Q);~
C a..s:::. 0 > tJ) ::J
- - tJ) ......s:::. L... Q) -0
E_LC)~Q)C)Q)
L...COO>:::>CCL...
CO;~Q)3:0o
u..C-oCOO.....
'to-Q)CO Q)tJ)
0:0 CO..... Q) .s:::. __
~tJ)-Q)E....."o
:!: CD -CO ~ 0 Q) 0
O~~"O.s:::.tJ)O
Q)"Or-Q)~CO-E
.s:::.~-o::J:::>Q)O
.....Q)-CQ)O.o
'to-~~Q)C"",.s:::.
o CO Q) > tJ)-o C)
tJ) E <( CO Q) --
..... C -0 Q)
CQ) COw ~ Q)-O c:
"OCC:Q) 3: CO 5
-- Q) Q).o C) 0
tJ)EQ)E(/)c
~ Q) ~ w : -m '0
"0 c.. Q) c: Q).o ~
Q)E'OootJ).....
c: Q) _ _ ..... Q)
C) -- 0 .s:::. Q) ~
-- C ~ -- Q) Q) CO
~Oc~>L...tJ)
Q)C>~~c:enQ)
"0 c;".,-.....O......s:::.
c: - - "'" "0 _ _ Q) .....
~EtJ)cts:;::::;
Q) L... L... CO ~ ~
.s:::. CO Q) "0 L... 0
..... u.. .oE Q) en Q)
- 'to- Q) c: L...
::::>.Q) 0 W a. 0 0
:> tJ)OE
.I
S
e
:s
!
OJ
is
i
~
~
I
l!
I
-
1:
"C
A.
-
CD
~
Z
d"
(
'7
~
~
1'1)
Co
00
.....
"e
::i
"C
CD
CD
a-
U)
-
C'G
"-
.....
c
CD
"C
";
~
"C
e
s
C(
r-
o
U.
c
o
"-
.....
i
Q..
(J).....(J)
~ ,-:J>
:!:'-~ooe
OO.....E5a.
..... .- E
~ m :5 ~ ;: .-
.....s.;..;:cu(J)o
..... ..... :J......
CU en "'0 ~ c: ~:r:
5(J)(J)(J)(J)cuc..
(;)5E.=~;:~
(J) C:o ~ en ~N
:J c: ''-C:
O'":r: 0 ~ (J) 0 .9
~a..O~.o(J):!:
~~ ~ E E = E
.oL() cu a.w_~
~N (J) 0 g>m"'O
(J) '-0 ::> (J). - '+"'- (J)
J:::. ::>>en(J)(J)
o ..... (J):J::> a.
"'0 . E -.i "'0 en::> en
- ~ (J) C) (J) (J)
c: (J) c: 13 . J:::.
o "'0 '- ._ ._ c: .....
c,mU5~~~~
c: a. J:::. 0 > en :J
. E en LO J:::. '- (J) "'0
'-rom;: ~ g>~
CU~'r"(J);:oo
u.c:"'Oc:OO.....
'-(J)c:o (J)en
0:0 CU ..... (J) J:::. . _
~en_(J)E.....",o
:!: Q) 'cu :J 0 (J) 0
o s.;.. 1-'- "'0 J:::. en 0
(J) "'0 (J):> cu J:::.
J:::.~"'O:J;>(J)o
.....(J)-c:(J)o.o
'-~~(J)C:""'J:::.
o cu (J) > en "'0 C)
en E <C cu (J) .-
.....c: "'O(J)
c:cuwen= c:
(J) ,-(J)"'O
"'OcC:(J);:cu:;
.- (J) (J).o C) 0
enE(J)Eenc:
~ ~ cu .- '0
(J).t::jwen(J)
"'0 a. (J) c: (J).o ~
(J) E.o 013 en.....
c: (J) . - ..... (J)
C) . - 0 J:::. (J) '+"'-
.- c: :J._ (J) (J) cu
~oc:~>'-en
(J)c,~'-c:en(J)
"'Oc:A".....0.....J:::.
c: . - ~ "'0 . _ (J) .....
:JEenc:t);;
(J) '- '- cu :J :J
J:::.cu(J)"'O,-o
..... U. .oE (J) en (J)
-,- Q) c: '-
::>.Q) 0 W a. 0 0
::> enOE
.s
a
~~
~ ""
t-~
!
::s
10
c
I:D
CiS
1:
.
~
~
I
!
J
~
\Q ~
~ ~
~
r-
~ ~
~ ~
- --.;.
~
C
"C
Q.
-
.
E
.-
z
7'"'
~
. s::
<....)
~
-
--
cr-
~ .(
~ ~
<:::J ~
s:
3
()
--
j
~
-
a
S
o
S
~
-5
~
~
COUNCIL MINUTES
REGULAR
September 16, 2002
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, Soderberg, Strachan, Verch
None
Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin
Roland, Finance Director; Kevin Carroll, Community
Development Director; Dan Siebenaler, Police Chief; Jim Bell,
Parks and Recreation Director; Lee Mann, Director of Public
Works/City Engineer; Karen Finstuen, Administrative Services
Manager; Brenda Wendlandt, Human Resources Manager; Lee
Smick, Planning Coordinator; Mike Schultz, Assistant Planner;
Cynthia Muller, Executive Assistant
Earl Teporten, Dan Johnson, Michael Heyen, Thomas Yauch, Fred
Last, Ann Manthey, R. Pedersen, Victoria Munro, James Munro,
Kate Harvey, Larry Johnson, Mike Heinzerling, Mike Burville,
Perry Stevzel
4. APPROVE AGENDA
Councilmember Verch pulled item 7a) Council Minutes (9/3/02 Regular) to abstain from
voting as he was absent from that meeting.
Item 10h) Adopt Resolution - Middle Creek 7th Addition Final Plat was added to the
agenda.
MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
Ms. Victoria Munro, 18863 Embers Avenue, presented a petition signed by 77 residents
to have the speed reduced on Embers Avenue. They would like the speed reduced to 25
mph to have more control for stopping for children and pets. There are too many drivers
speeding and they do not slow down or show caution. She obtained a copy of the traffic
study performed in October 2001 showing lout of 4 cars speeding. Embers Avenue is 1
mile long without a stop sign. Ms. Munro stated there are stop signs on 180th and 186th
Streets, and felt Embers Avenue has more traffic. She noted there are signs in other cities
reading Slow down, Children At Play. There is more traffic now on Embers Avenue due
to construction, and more people moving into the area. Loaded construction vehicles are
liq9
Council Minutes (Regular)
September 16, 2002
Page 2
traveling too fast and cannot stop for children. There is a sidewalk only on the east side
of Embers Avenue. The children need to cross the road safely. Where do children ride
their bikes? How do they get to the parks? There are no crosswalks. All residents she
spoke with are unhappy with Embers Avenue. They are bringing the issue to Council
because they need a safe road and would like a traffic study performed. Staffwill
respond at the next Council Meeting.
Mr. Dan Johnson, 5225 Upper 183rd Street, has some concerns with his neighbors
regarding cats and tall grass. Farmington does not have an ordinance pertaining to cats.
His neighbor has 2-3 cats and there are other cats down the street. Residents let these
animals run free. He has asked his neighbors repeatedly to do something about their cats.
The cats are using his front lawn as a litter box, and it is ruining his front lawn. His son
is allergic to cats. The neighbors behind him have had to remove their sandboxes
because of animal waste. Mr. Johnson stated Lakeville has a nuisance ordinance where
cats can be removed after a warning. Rosemount also has an ordinance.
Mr. Johnson also called the city regarding his neighbor's lawn. Farmington has an
ordinance restriction of 12" high, which Mr. Johnson thinks is ridiculous. He cannot do
anything with his lawn, because the neighbor's weeds are so high. The city did cut the
lawn after it was 16" high. He stated Rosemount's ordinance for grass height is 8", and
they are working on reducing it to 6". Mr. Johnson has started a petition and will bring it
to the next Council Meeting. Residents try to take care of their homes, so why should
residents put up with this and reduce property values? Rosemount and Lakeville do
something, why not Farmington? Staffwill respond at the next Council Meeting.
Mr. James Munro, 18863 Embers Avenue, spoke regarding the petition for 25 mph on
Embers Avenue. He wanted to know if the speed can be lowered or ifthat has to be
approved by the state? City Engineer Mann replied the lowest statutory speed limit he is
aware of is 30 mph. He is not aware of a circumstance where a city has received special
legislation for a lower speed. Mr. Munro is worried that next week they will be told there
is nothing the city can do, and asked ifthe city will take the request to the state?
Councilmember Strachan stated there are three elements to traffic issues, engineering in
terms of road design, enforcement in terms of what is existing, and education. The city
would like to do something, but it is a matter of how we get there. Mr. Munro thanked
the police for the patrols. It has helped, but when the police are gone, the speeding
continues. He then asked if the city is liable if the issue is brought to Council, nothing is
done, and someone gets hurt? Mayor Ristow stated that is a legal question he will not
answer. Staffwill respond at the next Council Meeting.
Mr. Dan Johnson, 5225 Upper 183rd Street, said the Mayor stated the cat issue had been
raised before. Mayor Ristow replied 2-5 years ago, and ifhe remembered correctly, it
was costly to enforce such an ordinance. Mr. Johnson replied his son is allergic to cats, it
can be life and death to him. It was a concern 2-5 years ago and the problem has not
gone away. Staffwill research the issue and respond.
/ </ Cj'CJ
Council Minutes (Regular)
September 16, 2002
Page 3
7. CONSENT AGENDA
MOTION by Strachan, second by Cordes approving Council Minutes (9/3/02 Regular).
Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION
CARRIED.
MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows:
b) Acknowledged Resignation - Administration
c) Acknowledged Resignation - Community Development
d) Adopted RESOLUTION R79.02 Tax Forfeiture Pond and Well Sites-
Administration
e) Adopted RESOLUTION R80.02 Accepting Donation Senior Center - Parks and
Recreation
f) Received Information Capital Outlay - Parks and Recreation
g) Received Information Compensation Study - Administration
h) Received Information School and Conference - Fire Department
i) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a) Adopt Resolution - Akin Road Project Assessment Hearing - Engineering
The Akin Road project consisting of bituminous overlay, trail and various utility
improvements has been completed. The total project cost is $1,524,600. Per the
assessment policy, 65% ofthe eligible project costs will be paid by the City and
35% ofthe project costs will be assessed to the benefited properties. The
assessment amount per residential equivalent unit is $280.21. Anyone assessed
for CSAH 31 was not assessed for Akin Road. There were two objections
received, one from Bible Baptist Church, and one from a private property owner.
The state will be conducting a speed study on Akin Road this fall. A
neighborhood meeting will be held prior to this study. Councilmember Strachan
stated even though there are turn lanes. the City would still like to see a lower
speed limit. Councilmember Soderberg stated there are sections of the road that
can be designated as urban district designation, which gives Council the authority
to set the speed limit at 30 mph. It would be preferable to have the state set a
reasonable speed limit on the entire road. rather than Council designating sections
of the road at a lower speed.
Pastor Thomas Yauch. Bible Baptist Church. 19700 Akin Road, stated there have
been a lot of close calls with traffic turning into the church, because of the speed
on the road. A turn lane was installed going southbound. The assessment for the
turn lane was $26,000. The church is concerned about that amount. In May of
2001 it was estimated to be $17,000 -low $20,000's. He needs more information
in order to inform the church. City Engineer Mann replied this was assessed at
100% of the cost, as it is a new turn lane, and new improvements are assessed at
100%. Staff will contact Pastor Yauch to arrange a meeting.
MOTION by Soderberg, second by Verch to close the Public Hearing. APIF,
MOTION CARRIED.
/i/9/
Council Minutes (Regular)
September 16, 2002
Page 4
MOTION by Cordes, second by Verch to adopt RESOLUTION R81-02
accepting the assessment roll for the Akin Road Project. APIF, MOTION
CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Resolution. Middle Creek East Final Plat - Community Development
D.R. Horton and Arcon Development propose to plat 72 townhome lots and 14
outlots on 74.7 acres in the Middle Creek East Final Plat. The property is located
west of the Pine Knoll subdivision and south of the DNR Protect wetland. The
developer proposes 2,3, and 4-unit buildings that are single level with a
basement, marketed for $180,000. There are two accesses from the project with a
third access to the south in the future. 203rd Street to the west will intersect with
Pilot Knob Road and Akin Road to the east providing an east/west corridor. 203rd
Street to the east adjacent to the McCarthy home is shown as a 38-foot wide road
measured from the front of curb to the front of curb. This will require the
removal ofthe McCarthy house. Contingent to the approval of the final plat, a
settlement needs to be reached concerning the McCarthy house/easement. The
second access is 206th Street that connects with Pilot Knob Road to the west.
Eastview Avenue connects with 203rd Street on the north and is proposed to
connect in the future with 208th Street on the south. The Middle Creek East Final
Plat has the following contingencies:
1. Constructing 203rd Street to full-width in accordance with requirements
established by the City Engineer.
2. A mutually agreed upon settlement is reached concerning the McCarthy
house/easement.
3. Minor engineering issues need to be addressed and approval of
construction plans for grading, storm water and utilities by the
Engineering Division needs to be granted.
4. Execution of a Development Contract between the Developer and the City
and submission of security, payment of all fees and costs and submission
of all other documents required under the Development Contract.
Councilmember Cordes asked if the McCarthy issue needs to be resolved before
this moves forward. Attorney Jamnik replied the agreement under consideration
has been indicated as acceptable by the developer. The terms of that settlement
will be included in the Development Contract. If the McCarthy's do not agree, the
issue will be brought back to Council. MOTION by Cordes, second by
Soderberg adopting RESOLUTION R82-02 approving the Middle Creek East
Final Plat. APIF, MOTION CARRIED.
/ 'I9~-
Council Minutes (Regular)
September 16, 2002
Page 5
b) Adopt Resolution - Middle Creek 5th and 6th Final Plat. Community
Development
D.R. Horton and Arcon Development propose to plat 33 single-family lots on 20
acres in the Middle Creek 5th Addition, and 10 single-family lots on 4.2 acres in
the Middle Creek 6th Addition. The lots in the Middle Creek 5th Addition
(formerly the Wilson property) range from 9,843 square feet to 32,941 square
feet. Outlot A is the DNR Protect Wetland and comprises 6.5 acres. A 75-foot
buffer exists along the rear lot lines in Block 1 and is shown as a 25-foot easement
on the lots. The Developer proposes access to the west on 203rd Street, with a
width of38 feet.
The lots in the Middle Creek 6th Addition range from 12,106 square feet to 22,067
square feet. A 100-foot wide gas pipeline easement runs on the west side of the
plat. The Developer proposes access to the west from Enright Court to Enright
Way.
Both additions include a cul-de-sac, which requires a sidewalk on one side of the
street and parking on the other side of the street.
Following are the contingencies for the Middle Creek 5th and 6th Addition Final
Plat:
1.
3.
A sidewalk is required on one side of the 28-foot wide cul-de-sac road to
meet City standards.
Minor engineering issues need to be addressed and approval of
construction plans for grading, storm water and utilities by the
Engineering Division needs to be granted.
Execution of a Development Contract between the Developer and the City
of Farmington and submission of security, payment of all fees and costs
and submission of all other documents required under the Development
Contract.
2.
MOTION by Soderberg, second by Cordes adopting RESOLUTION R83.02
approving and authorizing signing of Final Plat Middle Creek 5th Addition, and
adopting RESOLUTION R84-02 approving and authorizing signing of Final Plat
Middle Creek 6th Addition. APIF, MOTION CARRIED.
h) Adopt Resolution - Middle Creek 7th Addition Final Plat - Community
Development
(This item was moved forward to accommodate the audience).
D.R. Horton proposes 82 townhouse units on 8.73 acres in the Middle Creek th
Addition. The Planning Commission approved the Final Plat on September 9,
2002 with one contingency of receiving approval from Northern Natural Gas
concerning driveway encroachments and storm sewer crossings. Staff recently
received an approval letter from Northern Natural Gas.
/<19'3
Council Minutes (Regular)
September 16, 2002
Page 6
Contingencies for the Middle Creek th Addition Final Plat are:
1. Any engineering issues be addressed and approval of construction plans
for grading, storm water and utilities by the Engineering Division needs to
be granted.
Execution of a Development Contract between the Developer and the City
and submission of security, payment of all fees and costs and submission
of all other documents required under the Development Contract.
2.
MOTION by Soderberg, second by Strachan adopting RESOLUTION R86-02
approving and authorizing signing of the Middle Creek th Addition Final Plat.
APIF, MOTION CARRIED.
Council recessed at 8:25 p.m. and reconvened at 8:35 p.m.
c) Adopt Ordinance - Temporarily Prohibiting Development in the
"Opportunity Grant Study Area" - Community Development
The Council was asked to consider whether development activity should be
temporarily prohibited within a designated area ofthe City (County Road 50 and
Spruce Street corridor) until a Master Plan for that area can be completed and
approved by the City Council. There are four private property ownership groups
(Don Peterson, Knutsen Family Ltd. Partnership, Jim and Nancy Allen, and
William and Audrey Adelmann) and one public property owner (Dakota County)
within this area. The Metropolitan Council awarded the City a $40,000
Opportunity Grant to be used for development of a comprehensive Master Plan
for this area, to be completed by August of2003. Staff proposed an 18-month
moratorium on development ofthis area in order to devise a Master Plan. A
meeting was held with the property owners, where two of the owners indicated
they were not opposed to the concept of a moratorium, but they would prefer that
the time period be 12 months. One owner indicated they did not have an opinion
regarding the proposed moratorium. The remaining owner was opposed to the
adoption of a moratorium.
Items that would be prohibited during the moratorium include:
Change in official controls
Plats
Subdivision of land
The issuance of conditional use permits, interim use permits, variances, and
site plan approval.
The issuance of building permits for new buildings or structures or to expand
the foot print of an existing building or structure.
The issuance of permits for new or relocated freestanding signs not attached to
a building.
Items that would not be prohibited are informal contacts between the property
owners and outside parties, no restrictions on ability to sell property, no
restrictions on working with city staff on what to do with the property and when,
1'/171
Council Minutes (Regular)
September 16, 2002
Page 7
and no restrictions on interested parties participating in the planning process.
Staff wants to avoid parties devoting a significant amount of time and expense
reviewing proposals that need to be ruled upon by the City before the Master Plan
is done. This is to protect the Master Plan process. The concept has been
approved by the HRA, Planning Commission and staff.
The process of the Master Plan was discussed. Staff would like to review the
entire area. If the area south ofthe river is not included, it could affect the grant.
All parcels north of the river have MUSA. The southern portion is slated for
MUSA in 2005. Councilmember Cordes felt the Master Plan could be done
without a moratorium. Councilmember Soderberg stated someone could come in
within two weeks with a proposal, and staff time would have to be used reviewing
the proposal rather than working on the Master Plan. The purpose of a
moratorium would be to give stafftime to develop a Master Plan, and not have to
plan around developer's proposals. In the end, the Master Plan would have to be
approved by Council.
Mr. Mike Burville, Chairman ofthe Community Development Committee for the
Chamber of Commerce, stated the intent of the committee is to get more involved
in the process. He stated the Chamber first heard about the moratorium a few
weeks ago. The Chamber would like to see more public discussion regarding the
moratorium before Council approves it. Mr. Burville would like to see a Letter to
the Editor in the Independent, and have the issue brought back to the next Council
meeting. The Chamber feels a 12-month moratorium rather than 18 months
would be more appropriate.
Ms. Ann Manthey, 104 Spruce Street, stated she is representing those who might
work in the development and need a home, and would like to include some
affordable housing in the mix. She supports the moratorium so the City can plan
the best use of this area for the city ofParmington and everyone who lives here.
Staff understands the Chamber's position, but feels the moratorium is necessary.
In the absence of a moratorium, something could make it's way through the
process, get approved, and the city would have to plan around it. Or if Council
chooses to deny it because it's premature, the applicant, staff, and the Planning
Commission have devoted a lot oftime to something that is not going anywhere.
Councilmember Soderberg stated the moratorium is now public information and
someone may try to beat the issuance of the moratorium.
Mr. Burville stated the city would still be able to reject a plan that could come in
within the next 3 weeks. Councilmember Soderberg replied Council would have
to approve the plan ifit meets all the criteria. Mr. Burville stated if that were the
case, it would be within the guidelines the city has already established.
MOTION by Soderberg to pass the moratorium for 18 months, instructing staff
to complete the Master Plan sooner if possible.
l~qS
Council Minutes (Regular)
September 16, 2002
Page 8
Councilmember Soderberg stated there has been increased activity regarding that
area. Mayor Ristow stated there are several things that need to be answered
regarding the area. Attorney J amnik stated if Council is going to approve a
moratorium to do a Master Plan he would suggest approving it now, rather than
leaving a 3-week window for someone to come in with an application for
development. Mayor Ristow stated even if the moratorium is approved, the
Chamber would still have input. Council agreed input from the Chamber is
important and to also include developers in the planning process.
Mr. Burville stated approving the moratorium would foreclose any public
discussion as to whether the moratorium and laying out development in that area
is appropriate. Councilmember Cordes asked if Mr. Burville would rather have
this area planned to the best the City can? Mr. Burville stated the Chamber is not
opposed to planning, an opportunity should be given to the business community
and citizens to say whether they think a moratorium is appropriate for the
planning purpose, or ifthe city should let development ride. Mayor Ristow stated
development could come in unplanned. Mr. Burville stated the Chamber heard
about it two weeks ago, and the city is trying to let it slide through. Staff stated
the grant has been discussed a few times, and was taken to the Planning
Commission and HRA, it was openly discussed. After further public discussion,
there would still be a mix of opinions and Council would still have to decide. The
grant application specifically lists the parties that will decide on the Master Plan,
and staff is obligated to follow the grant requirements.
Mr. Matt Alexander, of New Century, Inc. representing the Knutson family, stated
the concept plan they submitted was for discussion purposes only. It is in their
best interest to create a Master Plan for the entire development. They do not
intend to submit any plans within the next 3 weeks. Mr. Alexander would like to
meet with the Chamber and other property owners after the next Council Meeting.
Councilmember Strachan stated with those comments, and in order to receive
input from the Chamber, he would not be opposed to waiting until the next
Council Meeting to approve the moratorium.
MOTION by Soderberg, second by Strachan, to approve the moratorium for 18
months, instructing staff to complete the Master Plan sooner if possible.
MOTION by Soderberg, second by Strachan to table the item for 3 weeks to the
October 7,2002 Council Meeting. APIF, MOTION CARRIED.
d) Adopt Resolution - St. Michael's Place Development Contract. Engineering
Following are conditions of approval ofthe development contract:
1. The developer enter into the Agreement.
2. The developer provide the necessary security in accordance with the terms
of this Agreement.
/ 1!9(l;
Council Minutes (Regular)
September 16, 2002
Page 9
3. The developer record the plat with the County Recorder within 6 months
after City Council approval of the final plat.
MOTION by Cordes, second by Soderberg adopting RESOLUTION R85.02
approving the execution of the St. Michael's Place Development Contract and
authorize its signing contingent upon the above conditions and approval by the
Engineering Division. APIF, MOTION CARRIED.
e) Schedule Workshop. Pavement Management Program. Engineering
Staff would like to schedule a workshop to discuss the results of the pavement
management program and to receive input and direction from Council regarding
the creation of future Capital Improvement Programs. The workshop will be held
October 23, with the budget workshop. The budget will be discussed first, and
then the pavement management program.
f) August 2002 Financial Report. Finance (Supplemental)
As of August 31, 2002 revenues show building permits have exceeded budget by
18%. The general fund is at 62% of expenditures.
g) School and Conference. Administration
MOTION by Strachan, second by Soderberg approving attendance at the annual
ICMA Conference in Philadelphia, P A, September 28 - October 2, 2002 for the
City Administrator. APIF, MOTION CARRIED.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember Strachan: Stated the Open House for the new facilities went very well
and thanked staff for their good work.
Councilmember Soderberg: Also said the Open House went very well, and he enjoyed
the tours. Regarding the new stop light at Elm and 3rd Street, he felt a left turn signal
from Elm Street to 3rd Street would be beneficial.
Police Chief Siebenaler: The Cable Commission is in the process of developing a
video tour, which can be seen on TV. He also invited residents to tour the facility.
Parks and Recreation
Director Bell:
Volunteer Bucks.
Informed Council of a new program at the Senior Center,
IlI9?
Council Minutes (Regular)
September 16, 2002
Page 10
Mayor Ristow: He received a concern from the teachers stationed at the
crosswalk at the District Service Center. Buses line up on Walnut Street to 6th Street and
it becomes congested. There are two stop signs on 6th Street, but he would like the
Traffic Engineer to study the intersection.
14. ADJOURN
MOTION by Cordes, second by Strachan to adjourn at 9:58 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
/l .' -~{" . }- 7/;7. ~~.d
~.,vC-/L~ ~~
i/
Cynthia Muller
Executive Assistant
/ l/ ?'i5
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463~7111 Fax (651) 463-2591
www.cLfarmington.mn.us
7b
TO:
Mayor, Councilmembers and City Administrator ~
Brenda Wendlandt, Human Resources Manager
FROM:
SUBJECT:
Appointment Recommendation - Police Department
DATE:
October 7, 2002
INTRODUCTION
The recruitment and selection process for the appointment of a full-time Police Officer to fill a new
position authorized in the 2002 Budget in the Police Department, has been completed.
DISCUSSION
The City has completed the recruitment, testing, and interview process for a Police Officer. After a
thorough review by the Police Department and the Human Resources Office, an offer of
employment has been made to Mr. Andrew Bellows, subject to ratification by the City Council.
Mr. Bellows is currently a Community Service Officer for the City of Lakeville, MN where he has
been employed since September 2001. He has proven to be an exemplary employee for the City of
Lakeville and comes highly recommended by those interviewed. Mr. Bellows graduated from the
Law Enforcement Program at Alexandria Technical College with an Associates Degree in Law
Enforcement.
BUDGET IMPACT
Funding for this position is authorized in the 2002 budget.
RECOMMENDATION
Approve the appointment of Mr. Andrew Bellows in the Police Department, effective October 14,
2002.
Respectfully sub,!llftted,
, / '/ /, ,
\./l1/' /,; '/Y/ '/1// /l/C'~
-' ('''i/~.a...,/ .,' ,,' lJA.".,i". / J-/ .
i Brenda Wendlandt, SPHR
Human Resources Manager
Ir9'7
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Ed Shukle, City Administrator
FROM: Daniel M. Siebenaler
Chief of Police
SUBJECT: Hiring Recommendation
DATE: October 7,2002
INTRODUCTION
As part of the 2002 Budget the Farmington Police Department was authorized to hire two police
officers. Staffhas completed the process on the first of those officers in April and is prepared to
make a recommendation on the hiring of the second officer.
DISCUSSION
Staff has completed the recruitment, testing and interview process for the position of police
officer as approved by the Human Resources Division of the City. As a result of that process a
candidate has been identified.
Mr. Andrew Bellows is currently a Community Service Officer for the City of Lakeville, MN
where he has been employed since September 2001. He graduated from Law Enforcement
Program at Alexandria Technical College with an Associates Degree in Law Enforcement.
As an employee of the Lakeville Police Department Mr. Bellows has proven to be an exemplary
employee. He has taken responsibility for a number of Community Oriented Projects for that
department and comes highly recommended by everyone interviewed.
Mr. Bellows will be available to begin his duties in the City of Farmington on October 14,2002.
BUDGET IMPACT
Mr. Bellows will be employed as an entry-level employee. Upon successful completion of the
Farmington Police Field Training Program and six months employment he would be given wage
increases as outlined in the LELS Labor Agreement.
f
/500
ACTION REQUESTED
Staff is recommending that the City Administrator approve the conditional Offer of Employment
to Mr. Andrew Bellows and forward an employment recommendation to the City Council for
final action.
Daniel M. Siebenaler
Chief of Police
/50/
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
le...
TO: Mayor, Councilmembers, City Administrator f
FROM: Karen Finstuen, Administrative Services Director
SUBJECT: Adopt Resolution - Appointing Election Judges, General Election
DATE: October 7, 2002
INTRODUCTION
The General Election is Tuesday, November 5,2002. Based upon State Statute 204B.21,
. subd 2, election judges must be appointed at least 25 days before that election.
DISCUSSION
The attached resolution appoints judges and designates polling places for Precincts 1, 2,
3, and 4 for the General Election.
BUDGET IMPACT
Election costs are included in the 2002 budget.
ACTION REOUIRED
Adopt the attached resolution appointing election judges and designating polling places.
Respectfully submitted,
~~
Karen Finstuen
Administrative Services Manager
/5~
RESOLUTION NO. R -02
APPROVING LIST OF ELECTION JUDGES AND
DESIGNATING POLLING PLACES FOR
GENERAL ELECTION OF NOVEMBER 5, 2002
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 the 7th day of October,
2002 at 7:00 P.M.
Members present:
Members absent:
Member
introduced and Member
seconded the following resolution:
NOW THEREFORE, BE IT RESOLVED that the following list of election judges be
approved for the General Election to be held November 5, 2002.
Precinct 1
Pat White
Dolores Johnson
Florence Mohn
Marcianne Rotty
Marlene Beeney
Mary Jo Bell
Joanne Weber
Betty Klose
Eileen Sauber
Precinct 2
Gretchen Bergman
Mama Halvorson
Genevieve Kuretich
Pat Thurmes
Lauretta Schneider
Darlene Grabowski
Charles Weber
Austa Harmer
Precinct 3
Karen Pietsch
Erwin Hagen
Doris Dahl
Dennis Sullivan
Lois Lotze
Lorraine Dybvik
Joan Shea
Precinct 4
Helen Hagen
Betty Wanberg
Patrick Hansen
Joyce Blowers
Shirley Sauber
Erik Starkman
Evan Brewer
BE IT FURTHER RESOLVED that the following list of election judges be appointed to
process Absentee Ballots:
Eileen Sauber - Precinct 1
Gretchen Bergman - Precinct 2
Karen Pietsch - Precinct 3
Helen Hagen - Precinct 4
BE IT FURTHER RESOLVED that the address of the polling place for Precincts 1,2,3 and 4
shall be as follows:
Precinct 1 - Senior Citizen Center - 431 Third Street
Precinct 2 - ISD # 192 District Service Center - 51 0 Walnut Street
Precinct 3 - Akin Road Elementary School - 5231 195th Street West
Precinct 4 - Bible Baptist Church - 19700 Akin Road
This resolution adopted by recorded vote ofthe Farmington City Council in open session on the
7th day of October, 2002.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
7d
TO: Mayor, Councilmembers and City Administrator~
FROM: Brenda Wendlandt, Human Resources Manager
SUBJECT: Adopt Resolution - Acknowledge Retirement - Administration
DATE: October 7,2002
INTRODUCTION
The City has received notification from Ms. Karen Finstuen of her intention to retire from her
position as Administrative Services Director.
DISCUSSION
The Human Resources office has received notification that Ms. Finstuen will retire from her
current position on January 2,2003. Her last official working day will be November 6,2002.
She began her employment on August 25, 1969. She has been an excellent employee and has
gained the respect of the entire staff. The City has appreciated her commitment to the
organization and wishes her well in her future endeavors. Staffhas begun the process to fill this
position.
ACTION REOUESTED
Acknowledge the resignation of Ms. Karen Finstuen effective January 2,2003.
Respectfully submitted,
.1 4 /'""' /
.\)It'tf- d~~/~~a:-e-
I
I Brenda Wendlandt, SPHR
Human Resources Manager
cc: Personnel File
/505
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
MEMO TO: Ed Shukle, City Administrator
FROM: Karen Finstuen, Administrative Services Director
SUBJECT: Retirement
DATE: September 27,2002
It is with sincere regret that I submit my resignation from the City of Farmington as of
January 2, 2003. My last official working day will be November 6,2002.
After 33 years of employment, I wish to thank City officials for giving me the
opportunity to serve the citizens of Farmington in various positions.
Ed, I sincerely thank you for the pleasure of serving under your leadership this past year.
You are a true leader and capable of recognizing people's strength. If! can be of any
help to you during this transitional period or any other time, please do not hesitate to call
on me.
if G - /" ..
(tr~ O~
Karen Finstuen
Administrative Services Director
/50&,
RESOLUTION NO. R .02
ACKNOWLEDGING RETIREMENT - ADMINISTRATION
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 7th day of October
2002 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the City has received notification from Ms. Karen Finstuen of her intention to
retire from her position as Administrative Services Director; and,
WHEREAS, she began her employment on August 25, 1969; and,
WHEREAS, the City has appreciated her commitment to the organization and wishes her well
in her future endeavors.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Farmington
acknowledges the retirement of Ms. Karen Finstuen effective January 2,2003.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
7th day of October 2002.
Mayor
Attested to the
day of
2002.
City Administrator
SEAL
150)
7e
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor, Councilmembers and City Administrator ~
FROM: Brenda Wendlandt, Human Resources Manager
SUBJECT: Adopt Resolution - Acknowledge Retirement - Parks and Recreation
DATE: October 7,2002
INTRODUCTION
The City has received notification from Mr. Jim Bell of his intention to retire from his position as
Parks and Recreation Director.
DISCUSSION
The Human Resources office has received notification that Mr. Bell will retire from his current
position on January 3,2003. He began his employment on June 14, 1976. He has been an
excellent employee and has gained the respect of the entire staff. The City has appreciated his
commitment to the organization and wishes him well in his future endeavors.
ACTION REOUESTED
Acknowledge the resignation of Mr. Jim Bell effective January 3,2003.
Respectfully submitted,
~6UAA;;t{)Jilhti C
/~renda Wendlandt, SPHR
Human Resources Manager
cc: Personnel File
/506'
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-711I Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
Ed Shukle, City Administrator
FROM:
James Bell, Parks and Recreation Director
SUBJECT:
Retirement
DATE:
September 17, 2002
I'd like to officially inform you of my intent to retire from my employment with the City
of Farmington effective January 3,2003.
I have enjoyed my 26 years as the Farmington Parks and Recreation Director. The City of
Farmington has been a wonderful place to work.
It has been a pleasure working for you this past year. You are the type of person one only
hopes to be able to work for. IfI can be of any help to you in the future, please feel free
to contact me.
--L-s~
James Bell
CC: Brenda Wendlandt, Human Resources
/509
RESOLUTION NO. R -02
ACKNOWLEDGING RETIREMENT. PARKS AND RECREATION
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 th day of October
2002 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the City has received notification from Mr. Jim Bell of his intention to retire from
his position as Parks and Recreation Director; and,
WHEREAS, he began his employment on June 14, 1976; and,
WHEREAS, the City has appreciated his commitment to the organization and wishes him well
in his future endeavors.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Farmington
acknowledges the retirement of Mr. Jim Bell effective January 3,2003.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
7th day of October 2002.
Mayor
Attested to the
day of
2002.
City Administrator
SEAL
/5/0
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
7-f
TO:
Mayor, Couucilmembers, City Admioistrator t
James Bell, Parks and Recreation Director
FROM:
SUBJECT:
Capital Outlay - Parks and Recreation Department
DATE:
October 7, 2002
INTRODUCTION
The 2002 Budget authorizes the purchase of trees for the Prairie Waterway.
DISCUSSION
This year's tree planting request will be the sixth year of the planting plan for the Prairie
Waterway.
BUDGET IMPACT
Staff has received quotations and the lowest average price for the required trees was submitted
by Midwest Landscapes. Staff will order the appropriate number of trees to stay within the
$10,000 budget.
ACTION REOUESTED
This is for information only.
Respectfully submitted,
~ (SJSL
James Bell
Parks and Recreation Director
/b//
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~
TO: Mayor, Councilmembers, City Administrator ~
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Set Public Hearing - Applications for On-Sale Wine Licenses
DATE: October 7, 2002
INTRODUCTION
A public hearing is required for the application of an On-Sale Wine License for the remaining
months of 2002.
DISCUSSION
Two new businesses The Ugly Mug, Inc. located in the Schwiness Building at 18450 Pilot Knob
Road and Ted's Pizza, Inc., 18500 Pilot Knob Road, are requesting On-Sale Wine Licenses along
with Intoxicating Beer Licenses for the remaining months of 2002. The On-Sale Wine license is
required by ordinance to be reviewed at a public hearing prior to approval.
ACTION REQUIRED
Set a public hearing for 7:00 p.m., October 21,2002 to review the license applications.
Respectfully submitted,
~~~
Karen Finstuen
Administrative Services Manager
/5/~
PUBLIC HEARING NOTICE
CITY OF FARMINGTON
PURPOSE: Review applications from The
Ugly Mug, 18450 Pilot Knob Road and
Ted's Pizza, Inc., 18500 Pilot Knob Road,
for On-Sale Wine Licenses for the
remainder of2oo2.
WHEN: Monday, October 21, 2002 at 7:00
p.m.; or as soon thereafter as the parties may
be heard. All persons desiring to be heard,
in person or in writing, will be heard at this
time.
WHERE: City Council Meeting, City Hall
Council Chambers, 325 Oak Street,
Farmington, Minnesota.
QUESTIONS: Call Karen Finstuen,
Administrative Services Manager (651) 463-
1802.
DATED: This 7lh day of October, 2002.
/S/: Edward J. Shukle,Jr
City Administrator
1.5'/3
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/h
TO:
Mayor, Councilmembers and City Administrator~
Ken Kuchera, Fire Chief
FROM:
SUBJECT:
School and Conference - Fire Department
DATE:
October 7, 2002
INTRODUCTION
The Fire Department is planning attendance at the Life Link III Trauma Tactics training.
DISCUSSION
Five firefighters will be attending the Life Link III Trauma Tactics training in Red Wing. The
conference will be held October 25-26, 2002. Topics covered include "Sometimes it's Good to
be Rigid," "Is the Scene Really Safe," "A'Maze-ing Disaster Training."
BUDGET IMPACT
Approved in the 2002 Budget.
ACTION REOUESTED
For information only.
Respectfully submitted,
~KuLd--
Ken Kuchera
Fire Chief
,IS' /y
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463~7111 Fax (651) 463~2591
www.ci.farmington.mn.us
~'
TO: Mayor, Councilmembers, City Administrator~
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Approve Appointment Housing and Redevelopment Authority
DATE: October 7, 2002
INTRODUCTION
On September 3,2002 City Council accepted the resignation of Sherry Lamb from the
. Housing and Redevelopment Authority.
DISCUSSION
At that same meeting a special meeting was set for October 7th 6:00 P.M. to interview
applicants for the vacated HRA seat.
An application has been received from Mr. Paul Hardt and he has agreed to an interview
with Council at 6:00 p.m.on October 7th. Upon interviewing the candidate, if Council
agrees to make the appointment it will be ratified by approving this item on the consent
agenda.
If after the interview process, Council prefers to search for additional applicants, this item
may be pulled from the agenda and staff will proceed in that direction.
ACTION REQUIRED
Approve the appointment of Paul Hardt to the Housing and Redevelopment Authority
from 10/7/02 to 1/31/04.
Respectfully submitted,
C0'fLu- (~~
Karen Finstuen
Administrative Services Manager
/.5/..5
CITY OF FARMINGTON
APPLlCA nON FOR BOARD OR COMMISSION APPOINTMENT
1. Name
PaulO. Hardt
Date of application: September 30, 2002
2. Address
1117 Bristol Lane
Farmington, MN 55024
Daytime phone: 651-463-3798
3. Employed by:
Capella University
222 South 9th Street 20th Floor
Minneapolis, MN 55402
Position: Teacher in Training and Performance Improvement/Adult
Education Specializations
4. Board or Commission you wish to serve on:
Housing and Redevelopment Authority
5. Qualifications:
Education:
1994
Doctor of Education, University of Minnesota
Community Involvement and Memberships:
2002
Farmington Area Chamber of Commerce
1986-Present
Registered Leader, Boy Scouts of America, Indianhead Council
Former Council Chair, Cub Scout Leader Training
1978-1982
Board Member, Summit View Heights Homeowners Association,
Shoreview, MN
1978-1988
Deacon, Shepherd of the Hills Lutheran Church, Shoreview, MN
Chair, Worship and Music Committee
1976-1978
Member of founding Board of Directors, Northwest Suburban
Youth Service Bureau, Roseville, MN
1976-1977
City Council Member, City of New Brighton, MN
/5/<;;;
1974-1975
Member, Environmental Advisory Committee, City of New
Brighton
6. Reasons for seeking an appointment:
My wife and I moved to Farmington in June, 2001, to be closer to a work assignment I
had in the area, and to enjoy small town life. We love this area. One of Farmington's real
assets is its historic downtown district. We enjoy shopping and using the services in the
downtown district. I would like to see this part of Farmington developed in a thoughtful,
proactive way. More businesses, whose character blends in with the other businesses in
the district, need to be attracted to this part of town. At the same time, the housing stock
of the older parts of Farmington needs to be protected and enhanced. I believe the HRA is
an important piece of the Farmington development puzzle. As a city councilman in New
Brighton, I saw the positive effects an HRA can have on a city. I would like to be part of
a similar process in Farmington.
6. References:
.
Dick Wedell, former Mayor, City of Shoreview
1003 Richmond Court
Shoreview, MN 55126
(651) 484-6234
Elaine Sinn, Advancement and Training Staff
lndianhead Council, Boy Scouts of America
393 Marshall
St. Paul, MN 55102
(651) 224-1891
J.5' /7
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
7'
J
TO: Mayor, Councilmembers, City Administrator ~
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Approve Appointment Heritage Preservation Commission
DATE: October 7, 2002
INTRODUCTION
On September 3, 2002 City Council accepted the resignation of Earl Teporten from the
. Heritage Preservation Commission.
DISCUSSION
At that same meeting a special meeting was set for October 7th 6:00 P.M. to interview
applicants for the vacated HRA seat.
An application for the HPC seat has been received from Mr. John Fortney and he has
agreed to an interview with Council at 6:15 p.m.on October tho Upon interviewing the
candidate, if Council agrees to make the appointment it will be ratified by approving this
item on the consent agenda.
If after the interview process, Council prefers to search for additional applicants, this item
may be pulled from the agenda and staff will proceed in that direction.
ACTION REOUIRED
Approve the appointment of John Fortney to the Heritage Preservation Commission from
10/7/02 to 1/31/05.
Respectfully submitted,
~J~
Karen Finstuen
Administrative Services Manager
/5/CO
CITY OF FARMINGTON
APPLICATION FOR BOARD OR COl\1MISSION APPOINTMENT
Name . -1 0 "'''' ~\-\-"'e(s: Date of Application o,.f;n /aco~
Address \ ~ &' S- 0 E' ~ ',: f\;0 ~ Daytime Phone # ~ S } - 4 & 3 - J Lj 04-
Employed By ~ j:, "\.C\ ~...... \ \- ~a..r \r\', '"" G-" C"'('
Board or Commission you wish to serve on \1- c: ,,-'-I -\-~ d c.. \" ~ 5<.: ~i"" V ""-\.- ~ 0-'\ (0"",,", V'"\
Qualifications (C over pertinent educational background, employment positions and other experience on
committees, boards, commissions and church organizations, etc.)
~P\ R ~- \\-oc
)
~ "'-0" C!r.....--.~-..... ~
r
G-~r. ;<'0
~ 'f-~~ \\~"' \-
"-
6c.",,-v~s \-"' c\'-"'\ c:.........6"""'-c:...</-'---~
u e..r \0 a. \ ~-- J ~ (' " -\\-,~
(.0 "'" ~ u",', ~ ~ ~ ~ c;-. s \<-~ \\ - .,;;- X +-c <: ~ = \ ~
0. ~ j 0.. \" \.." -10 Q, ~ ~ \ '(1'>- ~ Co....., f \.., '"
e y: f \ ~", -.... +0 o-\-~~.rs.
d {' (SOd'\ ~ L"C:: j
~ ss u.. ~c S o..--..J
State briefly, your reasons for seeking an appoinnnent to this board or commission
+,,~ ~ ~~. """' ", ~ G -\- 0........ \ S
V'\ " ~ t ~ \ s -to.- '- '" "'- , p 0 ss
+l." I \L-<-G ~" 0.. <c', ~s -\' ~ ~c" ~,,-.-\:;
:s= \a <e. ,~ C'-.l,
0.. We'''''' j~r -\-u.' +OW~ ~: +~
\ ~ ~\ \ \ \- ,,~~ ~ '--L' \~ <e. \~'\J, ~~
f ~s ~ .
References (list any references you wish that would be familiar with your qualifications for the position).
1)", \\ \..-\ {'{ \.( "') ~ J, --~" ~~JicI
RJ M~~\-~ f ~~ \J
A-a.,\'c~ ~a..<,C\\dso'-.
0'
Signature
r In t?
Date
/6'/9
ltf
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor, Councilmembers, City Administrator ~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Reschedule 2002 Sealcoat Project Assessment Hearing
DATE: October 7,2002
INTRODUCTION
The 2002 Sealcoat Project Assessment Hearing needs to be rescheduled.
DISCUSSION
The Sealcoat Assessment hearing was originally scheduled for October 7,2002. Staff forwarded the
hearing notice to the newspaper, but it did not get published in the paper. In order to meet statutory
notification requirements, the hearing needs to be rescheduled. Staff has already sent out the
amended notices in order to meet the required time frames. The rescheduling of the hearing does not
affect the City's ability to certify the assessments this year.
BUDGET IMPACT
None.
ACTION REQUESTED
Adopt the attached resolution rescheduling the 2002 Sealcoat Project Assessment Hearing for
October 21, 2002.
Respectfully Submitted,
~m~
Lee M. Mann, P .E.,
Director of Public Works/City Engineer
cc: file
/5o?CJ
RESOLUTION NO. R76-02
RESCHEDULING PUBLIC HEARING
- PROJECT NO. 02-01 -
2002 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 of the 7th day of October, 2002 at 7 :00 p.m.
Members present:
Members absent:
Member
introduced and Member
seconded the following resolution.
WHEREAS, a contract has been let, costs have been determined and the assessment roll has been
prepared for the following improvements:
Proiect
No.
02-01
Description
Street Seal Coat -
Oil and Aggregates
; and,
Location
Property abutting streets within East Farmington 3rd Addition
and East Farmington 4th Addition, Hillview Addition, Terra
Addition, Dakota County Estates 2nd through 5th Additions,
Henderson Addition, 4th Street between Maple Street and
County Road 74, 5th Street between Walnut Street and County
Road 74, 6th Street between Walnut Street and County Road 74,
7th Street between Walnut Street and County Road 74, Maple
Street between 4th Street and 6th Street, Hickory Street between
4th Street and 5th Street, Beech Street between 6th Street and
T.H. 3, Locust Street between 5th Street and 6th Street, Hickory
Street between 7th Street and T.H. 3, alley by Farmington
Lutheran Church located between 5th Street and 6th Street, and
the 2nd Street parking lot.
WHEREAS, the hearing scheduled for the 7th day of October, 2002 at 7:00 p.m. to act upon the proposed
assessment for the project, pursuant to Resolution R76-02, needs to be rescheduled.
NOW, THEREFORE, BE IT RESOLVED that:
1. A hearing shall be held in the Council Chambers in City Hall on the 21 st day of October rather
than the 7th day of October, 2002 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.
2. The City Clerk as previously directed has caused 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 has stated in the notice the amount of the proposed assessment. The clerk has also
caused, as previously directed, 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.
/5c::?/
This resolution adopted by recorded vote of the Farmington City Council in open session on the ih day of
October, 2002.
Mayor
Attested to this _ day of
,2002.
City Administrator
SEAL
/5~0(
7L.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Councilmembers, City Administrato~
Lee M. Mann, P .E., Director of Public Works/City Engineer
FROM:
SUBJECT:
Akin Road Project Reimbursement
DATE:
October 7,2002
INTRODUCTIONIDISCUSSION
Per the attached letter, one of the residents along Akin Road will be reimbursed for some sod work.
The resident was doing landscaping in his yard adjacent to the City project and completed restoration
in the roadway easement up to the pavement. The resident is being reimbursed for the portion that
would have been restored with the City project. The resident was credited toward the assessment for
Akin Road and a small balance needs to be forwarded to complete the reimbursement (see attached
letter).
BUDGET IMPACT
The amount to be further reimbursed to Mr. Pritzlaffis $43.09.
ACTION REQUESTED
For Council's information.
Respectfully Submitted,
~/11 ~
Lee M. Mann, P.E.,
Director of Public Works/City Engineer
cc: file
Mr. David Pritzlaff
/..5~ 3
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
September 27, 2002
Mr. Davis Pritzlaff
Akin Road
Farmington, MN 55024
Re: Sod Reimbursement
Dear Mr. Pritzlaff:
As previously discussed, the City will be reimbursing you for the sod you installed in the roadway
easement along Akin Road as part of your culvert project. Approximately 122 square yards of sod
was installed. The City's bid price for sod is $2.65 per square yard, which equates to a total
reimbursement of $323.30. Per our agreement, this amount will be credited toward your assessment
for Akin Road resulting in a balance of $43.09 that the City still owes you. The City Council will
acknowledge this payment at the October 7th City Council meeting after which the City will forward
you a check for $43.09.
If you have any further questions, please do not hesitate to contact me.
Sincerely,
~/11~
Lee M. Mann, P .E.,
Director of Public Works/City Engineer
Cc: file
Robin Roland, Director of Finance
/.!5'c:?{
70
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Councilmembers, City Administrator ~
FROM:
Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT:
Approve Change Order - 195th Street West Extension Project
DATE:
October 7, 2002
INTRODUCTION
Forwarded herewith for Council's consideration is Change Order #1 for the 195th Street West
Extension project.
DISCUSSION
The change order includes items for additional sub grade correction, debris excavation, additional
retaining wall, the trail addition approved by Council at the September 3,2002 Council meeting and
other miscellaneous items. The completion date is also revised due to the delay caused by the need to
relocate the trailers on the Meadowview school site and the additional sub grade correction. The new
completion date of October 25, 2002, is still in advance of the anticipated opening of the school.
BUDGET IMPACT
The total amount of the change order including the deducts and the previously approved addition to
the trail is $65,685.28. The costs for the change order are within the project budget.
ACTION REOUESTED
Approve Change Order #1for the 195th Street West Extension Project in the amount of $65,685.28 by
motion.
Respectfully Submitted,
~)IJ;1~
Lee M. Mann, P .E.,
Director of Public Works/City Engineer
cc: file
/s.:?!5
~ Bonestroo
-=- Rosene
~ Anderlik &
1 \J 1 Associates
ngineers & Architects
Owner: City of Farmington Date September 30, 2002
Contractor: Midstate Services, Inc.
Bond Company:
CHANGE ORDER NO.1
195th Street Improvements
City of Farmington Project No. 01-16
BRA FILE NO. 141-01-156
Descriotion of Work
This Change Order provides for additional project work, a project trail extension and a modified project completion date.
The first 9 items listed are for the additional project work while the next 8 items are for the project trail extension. Three of
the project bid items have been reduced or eliminated (Deducts). The project completion date modification is detailed below.
Item numbers 1 and 2 provide for additional subgrade materials needed for subgrade correction. Item numbers 3 and 4
provide for the removal of debris that had previously been buried within the road section. Item number 5 provides for the
removal of trees that were originally to be removed by Dakota County. These trees were to be removed prior to the
commencement of the project but needed to be removed by the Contractor instead. Item number 6 provides for the adjustment
of two existing gate valves located. Item number 7 provides for additional retaining wall area as needed to make the slopes
managable for the home owners along the project area.
The next section of this Change Order provides for a project trail extension. The trail is to be extended from the existing
eastern end point (approximately 575 feet east of Everest Trail) east to Pilot Knob Road. The additional length of this trail is
approximately 900 feet.
The last section of this Change Order details items of the contract to be reduced. During the course of construction, it
lecame apparent that some of the project quantities could be reduced. These items are listed below.
This Change Order also provides for a project time extension. The original project completion date as stated in the project
specifications is August 29,2002. Due to delays caused by the original location of storage trailers at the Meadowview
Elementary School site, the construction was not able to start for five weeks after the anticipated construction start date. After
the site was cleared and the street construction could begin, additional subgrade correction was needed, causing further delays.
The new project completion date will be October 25, 2002. This change is of no cost to the Owner.
Contract Unit Total
No. Item Unit Quantity Price Amount
CHANGE ORDER NO.1
9 Select Granular Borrow CY 5966 $8.05 $48,026.30
5 Common Excavation CY 6620 $3.25 $21,515.00
49 Remove Excavated Wood Debris CY 18 $28.00 $504.00
50 Remove Excavated Concrete Debris CY 101 $19.00 $1,919.00
51 Remove Tree EA 3 $200.00 $600.00
52 Adjust Existing Gate Valve EA 2 $195.00 $390.00
33 Modular Block Retaining Wall SF 1004 $21.62 $21,706.48
53 4" HDPE Draintile LF 60 $20.50 $1,230.00
54 4' Chain Link Fence LF 307 $28.50 $8,749.50
Change Order # I
/6'c:?tl:,
Contract Unit Total
No. Item Unit Quantity Price Amount
Trail Extension from Pilot Knob Road to connect to
the trail included in the original contract
55 Common excavation CY 100 $ 9.30 $ 930.00
56 Common borrow (CY) CY 500 $ 11.85 $ 5,925.00
57 Silt fence, heavy duty LF 900 $ 2.50 $ 2,250.00
58 Erosion control blankets, category 4 SY 750 $ 4.00 $ 3,000.00
59 MnDOT Seed Mix 15B AC 0.5 $ 3,000.00 $ 1,500.00
60 Aggregate base, Class 5,100% crushed CY 150 $ 26.50 $ 3,975.00
61 Type LV Wearing Course Mixture TN 100 $ 56.25 $ 5,625.00
62 Pedestrian curb ramp SF 80 $ 21.20 $ 1,696.00
Deducts:
7 Common borrow (CV) CY -8000 $ 4.50 $ (36,000.00)
8 Geotextile Fabric, Type Y SY -9856 $ 1.00 $ (9,856.00)
6 Common Excavation - OfT site CY -4500 $ 4.00 $ (18,000.00)
Total CHANGE ORDER NO.1: $65,685.28
Change Order # I
/5r;;(/
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
WWW..ci.farminsrton.mn.us
71}
TO:
Mayor, Councilmembers, City Administrator 0/
Lee M. Mann, P.E., Director of Public Works/City Engineer
FROM:
SUBJECT:
Farmington Acres Development Contract Revision
DATE:
October 7, 2002
INTRODUCTION
A revised Development Contract, revised final plat, and ownership assignment for Farmington Acres Addition
is forwarded herewith for Council's consideration.
DISCUSSION
The Farmington Acres Addition development contract was approved by Council on June 3, 2002, and the fmal
plat was approved by Council on May 6, 2002. The development has transferred ownership from M & M
Homes, L.L.C., to J & K Homes, Inc. on August 8, 2002. The revised contract and plat are identical to the
contract and plat approved, except that the developer has been revised to reflect the new owner of the
development.
BUDGET IMPACT
None
ACTION REOUESTED
Approve by motion the revision to the Farmington Acres Development Contract and final plat changing the
developer from M & M Homes, L.L.C., to J & K Homes, Inc., and authorize the signing of the development
contract and final plat contingent upon the contract and plat conditions and approval by the Engineering
Division.
Respectfully Submitted,
~ YJ1~
Lee M. Mann, P.E.,
Director of Public Works/City Engineer
attachments: Farmington Acres Addition Final Plat
Farmington Acres Addition Assignment
Farmington Acres Addition Development Contract
cc: Lee Smick, Planning Coordinator
file
/.5~
. ~i~ . "0 ~j~
~ "
0 II; 0 .
" . " j=!
. ;;
~ ! Cl.! .. f~N
. ifl i :00
l ""~ I 5 i;~
Ii !:! . H!
" :ij . !!
. ~ "0
! . ~
1~~ ~ - ~,
" J~~ Ii ~i~
0 0"
~ ..~ - ;~~
." E
.. :1~ I jli
. ~-: I
~ 9f. " .. E -.'"
"0 ~~;~ " I ~!~
1 .
0 ~ol~ ~
~ g 0 ~i~
til~ . 0
. ~ - ze"
" 0 I Eg:
~ a::&!...'{ . 0
::,..,;-& 0 Oe-
~ l ~=~
.. ~I5! :ECII.!
8- i . ~il
8 . 8
~! .; f ~
. ~j !
1 ~'D ~:li " ~
:~~~ .
5 0 .!.ii
,.,Oii. ~ I i~i
:> cii;.!3! "
. i fi~: '" ~ _ 0 :~~
" w 0 00
0 ;:~i 0: 0 i~ gO"
" U ~ -:,Ei
~~&f <( Ii
~ z ~!t
~ ~:I; Ie 8
" ~. .
" z . lis
:~= I ) -.
:: :;; - ~~
~.t:~.c 0: 15.-"
! :: . . DQ.~C
!~~i :> i~ ;~jj
.. !.
... =&~~ it ~:s::
z.. 0 J!c:'O.
..= ~i!s i'" ilf~
... i~ " it
~g j o~i .- ~ H II t_
0.. i6 I li~i
:i ~!Ii "
... ii "0 11" ~~;!
,,0 j:~;; ~i ... i~
..." ..:< -~
..'" ~;~~ != ~ " ~ ;'0 : E:li j.
"'0 " :!; i~ i 5~!
... ~Ui 0': = : 0
z. i~ ~ I ~g :lii~ll
~~ 0 '" .~ Iii
0:. :; =: . 0 z :co!! !!~i
ri ~"";;;:3! ~f . " z ~~
~ i... "
~~ ~1; : . " ...0 0 is ii~!
e!!l "0- . .. l
If 0.. "O~ ,.,,:!:g
~ w'" z'"
~" 0 ...z .. ~ Iii
~g -" . -c" !~
.0 ...0
"u " . " ""
13
3
..q
e
c
it
~
I
~
l
"0
.
"
5
.
i
i
i
~
~
0 .
I ~s
~-
" ~~
0
.
~ u:
g .~~
~ ~ ~~
0 ~~
" "
-c "':
0 ~~
f ...
0
~ h
z
" ~s
8 ...'"
:~: t',: : ::~:~ (0,' :~:~'::.': ;~: .(',';.::..::~;.: :~,~:
,.~, '.........,.... ..... .,...._. ,.. ....... 'u' ....
OS'9L
zr '=-5 Jo.,h MN elQ ~o.,/1 MN.~ ~o ~t 1.Anos-~"'"
,----1
I I
I I
I I
I I
1 81
1 ~I
'l-
1 ~I
I 1:;1
I ~I
I I
I I
I I
I I
L~___-l
!?
0<"9L
,----1
I I
I I
I I
I ~ I
I I
I I
1 t>:l 1
1 I
1 I
I I
I I
18 I
4-~~3~~
,,''!!. '!!. ~
OO"sot M..8Q.8t.6IiIN
"""L
I-~--I
I I
I I
I I
1 I
18; 81
I~ ~I
,. -"'I ,.
I~ ~
I:' ~
I~ ~I
1 r
I I
L____-'
$I
~
I
~
a
5
"
0
!
0 1
.
..
I :>
~
. ~
~ E
~
) 'a
.
" &
0 u
.
~ u
. ~
~ ~I
.
.
1 ~
:;; ~
~ u
~ '"
E
~ ~
..
~I c:; "0
.
.2;; 'a "
D" ~ I
~.
i~ z . ~
0_ 0 ~
z.
-g! ; u 0
D 0
::E 0 ~
i~ '" ~
0
x: " ~
.... " .
". z ~ f
~~ % E
z
0:'" ~ i ~ ~
~ 0
.. ~ ..
... ~
u <(
g
~
~
o
.
~
~
~
~I
~I
"0
"
5
"
0
i
0
.
.
~
~
..
a
;E ~
: 1
s
.
iii &
.
I u
.
0: :> !
~ is 0
0: ; I
;:
.. 0
... 0 '"
z i1
" ~
8 "
g
~ j ~
0
"
-c 5
0 ..
.
~
.
.
.
..
g~
~. ~
:s~
~i
I~!
~I
I
8
o
o
..
"
"
o
.
"
l!.
e
.
.
~
.
~
"
W
0:
\I
z
e
o
z
:;;
~
"5 t
11 6
5
0
0
i
.. "0
.
"
~
0:
~
U
. ~
! "0
. !
:> ~
.: . 0
i ~ i i
0 I
u i
.
i .. :i
0 ; <l f
g" I .
'g :i .
" ~
j 0 0
0:
0 '" 1!
~ I
0: ;E I
~ .
~ i
0 Z 0:
"
0 8 . '. f
u I
~ ~ "
f u
"
'"
~
a
~ I
i8
i~
"
.
~
..
.
:'"5
.~
=~
. I
~
.
.
-.
:;;
!I
e!
~o
D.
~.:.
...
~ e
- .
--J/ Z-
I~ T ~I co
::0-
w ill t.' ij
Z I>
~ + -j .;; ...
1 "
. .. .
~ ... z:
~-~ : ~
"
.5;
r "ON -... .-1. ~
"""L
$I
,----1
I 1
1 I
I- I
1 I
1 1 8
I 1 ~
I I ;
I I;:;
1 I ~
-I b. I
1 ~,Jo I
1 /"q- I
I I
L_-~__-l
.~h':''';:'~:;:''::,.::,,;'''; ,'"1;,:'t",'
.........4_........."'0........
uo.........
----,.,----
~(JIfIt~~~1D.8UI1'S-'/
S::3;..i(}H~:.:.;..Gl .:.,:,.::;i.....H::3-1:)
!?
6~ 11 ''PH '1. ~ '=-s
ID 'P/~ JlN ~ ~ ./~ MN"_~
MI$,J.O.-woo ~ .......
, - -Y'- ::i
.... - S'S'Kl AUIO,Bt.e8N - -.. !I
. ,
~ ~3 +
_'0 .t..i
V!:~
.;~l
;;:;; 0 1
ii~i .
zz'< \i
~I
I>
'6
u
III
~j ..ci
h 0,..
j~
t.!- ill 50
'i.l! ..e
_0 ~.. i~
.l:ofi ;,li.;
i~ ;i~ ~
i~ ..- ..~
!! S~~ ~;
lfil 115
Ii oei os
!.:!! !..
..0 ot.: .s
I r .E-'
Mil
i o. -i i~5
j " I i:i5
I
-' 5'z~
~ Hiii.
"" ...., J:i!J:i :
" I
~~ I j1l1
z,,= O' -i ;:;~
i! I !:2ii
&ii I
~I
8
zl
/6'c519'
,c;t'~.......'
full@: ~ ~ n\Y1@;1IThl
q 1.-/ \,-", !\ I \ il
!i ,...r-D \? . ".,
::C' '- :!
ASSIGNMENT
FOR VALUABLE CONSIDERATION, M & M Homes, LtC, a Minnesota limited
liability company, hereby sells, assigns and transfers unto J & K Homes, Inc., a Minnesota
cOllJoration, all of M& M Homes, LLC's interest in and to any and all engineering reports,
surveys, sketches, drawings, applications, pe1mits, variances, approvals or other development
interests or rights owned by M & M Homes, LLC, in relation to the real property in Dakota
County, State of Minllesota, and legally described as follows:
See attached Exhibit "A"
M & M HOMES, LLC
Dated~~-~ 2Cf)7
C5 I
i'tblUMQi~
By: Maureen JUaIre
Its: President
/5.30
DEVELOPMENT CONTRACT
AGREEMENT dated this 7th day of October, 2002, by, between, and among the City of Farmington, a Minnesota municipal
corporation (CITY) and J & K Homes, Inc., a Minnesota corporation (DEVELOPER).
1. Request for Plat Approval. The Developer has asked the City to approve a plat for Farmington Acres (also referred to
in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of
Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A":
2. Conditions of Approval. The City hereby approves the plat on the conditions that:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council
approval of the fmal plat.
3. Development Plans and Rie:ht to Proceed. The Developer shall develop the plat in accordance with the following plans.
The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval,
after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written
terms of this Contract, subject to paragraphs 6 and 31G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - Zoning/Development Map
Plan E - Wetlands Mitigation as required by the City
Plan F - Final Street and Utility Plans and Specifications
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone.
Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or
private improvements or any building until all of the following conditions have been satisfied:
a) This agreement has been fully executed by both parties and filed with the City Clerk,
b) The necessary security has been received by the City,
c) The plat has been filed for recording with the Dakota County Recorder's Office, and
d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed.
1
/6'3/
4. Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this
subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fmal utility plan and a
zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the
adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of
the plat shall be included.
5. Zoninl!!Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of
the plat containing the following information:
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
6. Reauired Public Improvements and C.R. 72/213th Street Assessments. The Developer shall install and pay for the
following:
a. Sanitary Sewer Lateral System
b. Water System (trunk and lateral)
c. Storm Sewer
d. Streets
e. Concrete Curb and Gutter
f. Street Signs
g. Street Lights
h. Sidewalks and Trails
i. Erosion Control, Site Grading and Ponding
j. Traffic Control Devices
k. Setting of Lot & Block Monuments
1. Surveying and Staking
m. Landscaping, Screening, Blvd. Trees
The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering
guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer
furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and
specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default
of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before
proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure
an acceptable level of quality control to the extent that the Developer's engineer will be able to certifY that the construction
work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time
basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council
chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty
(60) days after the completion ofthe improvements and before the security is released, the Developer shall supply the City with
a complete set of "As Built" plans as specified in the City's Engineering Guidelines.
If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with
producing the as-built drawings will be the responsibility of the Developer.
Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S.
~505.02. The Developer's surveyor shall submit a written notice to the City certifYing that the monuments have been installed.
C.R. 72/213th Street Assessments
The parent parcels of Farmington Acres have been assessed for improvements to C.R. 72/213th Street. The total levied
assessment amount for the parcels is:
Parcel Nos.
14-03200-070-26
Total amount levied: $ 46,521.69
The Developer may elect to pay the assessment and accrued interest in cash at the time of final plat approval or have it prorated
and reassessed to the lots and blocks of Farmington Acres. If assessed, the assessments shall be spread over a 10-year period
2
/5' 3d<
with 6.5% interest on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The
reassessments shall be deemed adopted on the date this Contract is signed by the City. The Developer waives any and all
procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any
claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available
pursuant to M.S.A. 429.081.
7. Time of Performance. The Developer shall install all required public improvements by September 30, 2004, in
accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the
extension of the contract will coincide with the date of the extension of the security.
8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement,
and written acceptance by the City Engineer, the improvements lying within public easements shall become City property,
except for cable TV, electrical, gas, and telephone, without further notice or action.
9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against
poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground
utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed
and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall
commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the
Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the
utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner
shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees
shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is
released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post
maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%)
of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the
warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The
City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities.
10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the
stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has
been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from
the City Engineer.
If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property
owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has
approved the proposed grading changes.
11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by
the City. The City may impose additional erosion control requirements if it is determined that the methods implemented
are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-
seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the
City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate
to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in
advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or
obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within
thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control requirements.
3
/533
The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also
responsible for a Water Quality Management Fee of$82 based upon the number of acres in the plat. This fee is due and
payable at the time of execution of this agreement.
12. Landscapinl!. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished
in accordance with a time schedule approved by the City.
A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the
boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders,
homeowners, etc.
B. All graded areas, including finish grade on lots, will require a minimum of 4" of black dirt. The responsibility for the
installation of black dirt shall not be transferred to homeowners.
C. Retaining walls with 1) a height that exceeds four feet or 2) a combination oftiers that exceed four feet or 3) a three
foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications
prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a
certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was
constructed in accordance with the approved plans and specifications. All retaining walls that are part of the
development plans, or special conditions referred to in this Contract that are required to be constructed, shall be
constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built.
13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving,
construction of public improvements or other development shall be done in any subsequent phase until a final plat for the
phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City
may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been
satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to
develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are
approved by the City.
14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan. except an amendment placing the plat in the current urban service area, or removing any part thereof
which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot
layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal
law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent pennitted by State law, the City may require compliance with any amendments to the City's
Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or
dedication requirements enacted after the date of this Agreement and may require submission of a new plat.
15. Surface Water Manal!ement Fee. The Developer shall pay an area storm water management charge of $7,115 in lieu of
the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat
over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall
be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that
the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant
to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in
effect at the time the Development Contracts for those phases are entered into.
16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as
amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and
the Wetlands Mitigation Plan.
17. Water Main Trunk Area Charl!e. The Developer shall pay a water main trunk area charge of $2,936 for the plat in lieu
of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the
plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
4
/5<31
available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $2,140 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over
a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall
be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that
the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to
MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in
effect at the time the Development Contracts for those phases are entered into.
19. Sanitary Sewer Trunk Area Char2e. The Developer shall pay a sanitary sewer trunk area charge of $2,271 for the plat
in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid
based upon requirements in effect at the time the Development Contracts for those phases are entered into.
20. Park Dedication. The Developer shall pay a park dedication fee of $6,800 in satisfaction of the City's park dedication
requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10)
year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that
the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant
to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in
effect at the time the Development Contracts for those phases are entered into.
21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to
pay a fee of $248 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and
Bridge Fund upon execution of this Agreement.
22. GIS Fees. The Developer is responsible for a Government Information System fee of$140 based upon the number of lots
within the subdivision.
23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated
on the plat.
24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat
to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public
improvements by the City. The license shall expire after the public improvements installed pursuant to the Development
Contract have been installed and accepted by the City.
25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures
shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the
right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street
cleaning costs.
26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of
all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or
alternative security acceptable to the City Administrator, from a bank (security) for $36,195. The bank and form of the
5
/535
security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The term
of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five
(45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or
terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may
draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this
Agreement or Default of the Contract. The amount of the security was calculated as follows:
Grading/Erosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
$5,950
N/A
N/A
$14,462
$5,195
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$1,000
N/A
$2,500
$750
N/A
Two Years Principal and Interest on Assessments $6,338
This breakdown is for historical reference; it is not a restriction on the use of the security.
27. Responsibility for Costs.
A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but
not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs,
engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and
development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in
monitoring and inspecting the construction for the development of the plat.
B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and
development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses
which the City may payor incur in consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and
attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work
required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of
the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the
City has the right to draw from the Developers security to pay the bills.
29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all
construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer.
30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as
otherwise approved by the City Engineer.
31. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees,
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative
grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed
during clearing and grubbing operations shall be disposed of off site.
6
/.5'34,
32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by
the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this
agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
33. Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer
may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder
shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third
parties shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of
erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a
bituminous surface, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate
denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed
until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements,
the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to
public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or
third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous
surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when
weather related circumstances prevent completion of street projects before the end of the construction season. The
Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all
times when such a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and
that an environmental impact statement is not required. However, if the City or another governmental entity or agency
determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued
from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the
City incurs in assisting in the preparation of the review.
G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County,
Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option,
refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is compliance.
H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with
the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or
7
153/
has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property;
that there are no unrecorded interests in the property being final platted; and that the Developer will indenmify and hold the
City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it
under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence;
limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an
additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days
advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage
with the City prior to the City signing the plat.
J. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's
cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall
determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this
determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in
damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per
day sum stipulated is a reasonable amount to compensate the City for its damages.
L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of
operation:
Monday - Friday
Saturday
Sunday and Holidays
7:00 AM. until 7:00 P.M.
8:00 AM. until 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the
above hours are subject to approval of the City Engineer.
M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for
every house that is to be constructed in the development. This entrance is required to be installed upon initial construction
of the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30.
O. Third parties have no recourse against the City under this contract.
34. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or registered mail at the following addresses:
Jom Jennings, CEO
J & K Homes, Inc.
16056 Harmony Path
Lakeville, MN 55044
8
/63<6
Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by
certified mail or registered mail in care of the City Administrator at the following address:
Edward J. Shukle, City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
9
/537
SIGNATURE PAGE
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
By:
Edward 1. Shukle, City Administrator
DEVELOPER:
1 & K Homes, Inc.
By:
Its:
10m Jennings
CEO
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111
10
/6'7"0
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this day of , 20 by
Gerald Ristow, Mayor, and by Edward J. Shulde, City Administrator, of the City of Farmington, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by the City Council.
Notary Public
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of
,20
by
, the
of J & K Homes, Inc., a
corporation under the laws of Minnesota, on behalf of the corporation.
Notary Public
11
/st/I
EXHIBIT" A"
LEGAL DESCRIPTION:
That part of the Northwest Quarter of the Northwest Quarter of Section 32, Township 114, Range 19
described as beginning at a point on the south line thereof 754.55 feet east along said south line from the
southwest corner of said Northwest Quarter of the Northwest Quarter; thence north parallel with the
west line of said Northwest Quarter of the Northwest Quarter 193 feet; thence east parallel with said
south line 306.00 feet; thence south parallel with said west line 194 feet to said south line; thence west
along said south line to the point of beginning.
12
15tfo?
70
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminlrton.mn.us
TO:
Mayor, Councilmembers, City Administrator~
FROM:
Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT:
Landscaping Easement Agreement, Outlot D, Tamarack Ridge
DATE:
October 7, 2002
INTRODUCTION
The townhome association of the Tamarack Ridge development, Tamarack Ridge Carriage Homes, has
requested a private easement to maintain Outlot D of Tamarack Ridge.
DISCUSSION
Outlot D is a storm water ponding facility constructed to manage the storm water from the Tamarack Ridge
development. The outlot is located adjacent to the drive entering the Tamarack Ridge townhome area. The
townhome association would like to mow the grass in the outlot area to maintain a consistent appearance at the
entrance to the townhomes. The attached agreement defines a 10 foot buffer zone surrounding the waters edge
that would not be maintained or cut in order to provide water quality protection as is consistent with other City
owned storm water facilities. The City attorney has reviewed and approved the language in this agreement.
BUDGET IMPACT
None.
ACTION REOUESTED
Approve the attached Landscape Easement Agreement allowing the Tamarack Ridge Carriage Homes
townhome association to maintain Outlot D of Tamarack Ridge by motion.
Respectfully Submitted,
~/11~
Lee M. Mann, P.E.,
Director of Public Works/City Engineer
cc: file
attachment:
Landscape Easement Agreement
/51/3
LANDSCAPING EASEMENT AGREEMENT
1. Parties. The parties to this Agreement are the City of Farmington, a municipal
corporation under the laws of Minnesota (the "City") and Centex Homes, a Nevada general
partnership ("Centex").
2. Effective Date. This Agreement is effective as of the _ day of
2001.
3. Recitals.
3.1 Recital One. Rock Cliff Development, LLC, a Minnesota limited liability
company ("Rock Cliff') has platted certain real property located in the City of
Farmington, Dakota County, Minnesota, as TAMARACK RIDGE. All references herein
to TAMARACK RIDGE means the plat of TAMARACK RIDGE as recorded in the
office of the Dakota County Recorder.
3.2 Recital Two. Centex has purchased Lots 21, 22, 23 and 28, Block 2,
TAMARACK RIDGE (the "Centex Property") from Rock Cliff and has the right to
purchase Lots 24, 25, 26, and 27, Block 2, and Outlot G, TAMARACK RIDGE (the
"Remaining Property") from Rock Cliff in the future.
3.3 Recital Three. Rock Cliff conveyed Outlot D, TAMARACK RIDGE
("Outlot D") to the City of Farmington for drainage purposes.
3.4 Recital Four. Centex intends to execute and record a declaration of
common interest community creating Tamarack Ridge Carriage Homes, Dakota County,
Common Interest Community No. 294 (the "Common Interest Community") on Lot 23,
Block 2, TAMARACK RIDGE, and to reserve the right to add some or all ofthe balance
of the Centex Property and the Remaining Property to the Common Interest Community
pursuant to the provisions of Minnesota Statutes, Chapter 515B.
3.5 Recital Five. Outlot D is located immediately adjacent to County State
Aid Highway No. 66 (Vermillion River Trail) and the private streets which provide
access to the common interest community. Centex desires to maintain lawns and
1220004vRED
V3 to V2; 6/7/02
/5 vi(
landscaping on Outlot D to insure that the appearance of Outlot D does not detract from
the appearance of the Common Interest Community.
4. Grant of Easements. In consideration of the sum of $1 0.00, the receipt of which
the City hereby acknowledges, and other good and valuable consideration, the City hereby grants
a private, appurtenant, non-exclusive easement over and across Outlot D for the benefit of Lot
23, Block 2, TAMARACK RIDGE, and any other property hereafter added to the Common
Interest Community for the purposes of and maintaining the lawn and landscaping on Outlot D
(collectively, the "Landscaping Easement"). Nothing herein obligates Centex or the Common
Interest Community Association to maintain the lawn and landscaping on Outlot D. There is a
pond located on Outlot D. The City desires that the area immediately adjacent to the pond
remain in its natural state to help enhance and maintain the water quality in the pond. The City
and Centex agree that, notwithstanding the easement granted in this Section 4, Centex will leave
the portion of Outlot D that is within 10 feet of the pond in a natural state and will not maintain a
lawn or landscaping within that 10 foot area.
5. Impact of Common Interest Community. Once Centex records the Declaration
creating the Common Interest Community (or a common interest community under another
name), the easement rights appurtenant to real estate within the Common Interest Community
will be a common element of the Common Interest Community and the Common Interest
Community association may exercise the rights under the easement on behalf of the owners of
units in the Common Interest Community.
1220004vRED
V3 to V2; 6/7/02
2
/5$15
CITY OF FARMINGTON,
a Minnesota municipal corporation
By
Its Mayor
By
Its Clerk
)
)SS
)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me on this _ day of
2001 " by and , the Mayor and Clerk,
respectively, of the City of Farmington, a Minnesota municipal corporation on behalf of the
Corporation.
Notary Public
1220004vRED
V3 to V2; 6/7/02
3
/.5 '/~
CENTEX HOMES, a Nevada general partnership
By Centex Real Estate Corporation, a Nevada
corporation, its general partner
By: Scott J. Richter
Its: President, Minnesota Division
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me on this _ day of
200 l, by Scott J. Richter, the President, Minnesota Division, of Centex Real Estate Corporation,
a Nevada corporation, a general partner of Cent ex Homes, a Nevada general partnership, on
behalf of the corporation on behalf of the partnership.
Notary Public
Drafted by:
Briggs and Morgan (TLB)
W2200 First National Bank Building
332 Minnesota Street
Saint Paul, Minnesota 55101-1396
1220004vRED
V3 to V2; 6/7/02
4
/6l/?
~
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 City AdmiDistratort
FROM: Brenda Wendlandt, Human Resources Manager
SUBJECT: Appointment Recommendation - Community Development Department
DATE: October 7, 2002
INTRODUCTION '
The recruitment and selection process for the appointment of a full-time Building Inspector in
the Community Development Department has been completed.
DISCUSSION
After a thorough review of all applicants for the Building Inspector position by the Community
Development Department and Human Resources Office, a contingent offer of employment has
been made to Mr. Michael Higgins, subject to ratification by the City Council.
Mr. Higgins is working towards his degree in Building Inspection from Inver Hills Community
College and has worked for the City of Bloomington and for the Apple Ford Group in the area of
Facility Maintenance including electrical, plumbing, heating. and air-conditioning, new
construction and remodeling. Based on his education and experience, Mr. Higgins meets the
requirements of the position description and is the best candidate for the position.
ACTION REQUESTED
Approve the appointment of Mr. Michael Higgins to the position of Building Inspector in the
Community Development Department, effective on or about October 28, 2002.
Respectfully submitted,
1 ' . ./'I'
/; -' .~v . ~/ . It
.' .."1' .,'? J, /./ '. ". .I /,.' ,1''/ i
(dJc/t'Af:...,,/ //(.:{.t./uX .
/ Brenda Wendlandt, SPHR
Human Resources Manager
CC: Personnel File
15~<?
~~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
Mayor, Council Members, ~ ~ c..,....
City Administrator ~
Lee Smick, AICP
Planning Coordinator
FROM:
SUBJECT:
Adopt Resolution - Middle Creek 203rd Street Roadway Vacation
DATE:
October 7, 2002
INTRODUCTION
As part of the platting process for the approved Middle Creek East and Middle Creek 5th Addition, an existing
roadway easement needs to be vacated along the proposed alignment of 203rd Street.
DISCUSSION
The roadway easement was acquired in 1971 to serve as an access to the former 4-acre farmstead west of the
Pine Knoll subdivision. The easement vacation dimensions consist of 80 feet in width and approximately 860
feet in length.
The easement vacation will allow the platting of the alignment of 203rd Street, as illustrated in the attached
sketch. The portion of the easement adjacent to McCarthy and Bresacher is not being vacated because at this
location, 203rd Street is aligned within the existing easement. The easement being vacated includes the
remainder of the easement to the west consisting of approximately 860 feet.
ACTION REOUIRED
Adopt the attached resolution vacating the described portion of the roadway easement in the Middle Creek
East and Middle Creek 5th Addition.
Respectfully submitted,
/7P~
p12-- .-
Lee Smick, AICP
Planning Coordinator
cc: Don Patton, DR Horton
Larry Frank, Arcon Development
/56'0
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 7th day of October,
2002 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member _ seconded the following:
WHEREAS, the City of Farmington has received a request from the Developer of the Middle
Creek East and Middle Creek 5th Addition subdivisions to vacate the City's roadway easement
located within the proposed subdivisions, legally described on the attached Exhibit "A"
("Roadway Easement"); and
WHEREAS, it appears that it is in the public interest to vacate the Roadway Easement; and
WHEREAS, pursuant to Minn. Stat. ~ 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 Farmington:
1. The portions of the Roadway Easement legally described and attached hereto as Exhibit
"A" are vacated contingent upon the recording of the Middle Creek East and Middle
Creek 5th Addition for those portions of the Roadway Easement located within each plat
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
7th day of October, 2002.
Mayor
Attested to the _ day of October, 2002.
City Administrator
SEAL
/55/
__._._____ Description Sketch for:DR. HORTON .
N LINE OF THE N;;/4 OF SEc.a;:~I.'-Rio----r----------------------~- ____
- ,',
I NE CORNER OF THE / \
NW 1/4 OF SEC 25 -- I \
. I
)
, I
11
N
~
If)
C'.;
..,
I-
lQ
~
~
5- ~
ad
. ~
z
...
~
...
0
~ I
I
::J I
...
~
I '\
e-"':.;Ra-
---.
(J
,
CI.j
r
I
I
t:)
o
"~l~:~:~~~~:;e~,:,:.
PIJIllIC 'lllEET P[R Doc. NO. ~7D;s.,,::-:'- "" ~;~,~
('... PR<FOS[D 203RO STRaT _.:::'::-~~ .
~ fa BE VACATED
I
L
J I'
# I
/ ------ 290 -----~
!~I . ;~
>- z r =:
~~I ~
:... I z
~~ L- I ~~
i il"OATt.
4..0 rlrl
I
I
'"
, I
,.~
-~
f
Ld
I _.
t--- ""--
1 Inch = 200 Feet
o.
Sf: CORNER OF I
THE NW 1/4 --", I I
- - - - - - - - - -S -LfN;; ~~ :;';4- OF SE; ;;;1;4~ ~ ~-:=/#~ - - - - - - - - - - - - -1- - - --
PROPOSED LEGAL FOR THE VACAllON OF A PORllON OF 20JRD STREET WEST .
All that part of Ihe Narthweot Quarter of Section 25 Town....'pl14 Range 20 Weet. d..crlbed ae followe:
Forty feet on either elde of a line located In the Northw.et Quarter of Sectton 25 Township 114 North, Range 20 Weet, Oakola County.
""nne.oto. described a. followo, to-wit: Commencing 01 tho Northoo.t comer of the Northweet Quorter of Section 25, thence South along the
Eoot line of .old Northwest Quarter 0 di.tonce of 1518_5 'eet which I. the point of beginning of the of ore said line: thence We.terly at 0
deflection angle to the right of 86 degreee 15 minutes, 0 dl.tonce of 55.85 feet: thence Northwesterly at a deflection angle to the right of
29 d~ree. 15 minutes, a dletance of 478.10 feet: thence Weeterly at a deflection angle to the left of 24 degree. 15 minute.. a dletonce
of 838.50 feet: and there terminating,
Which II.. we.t of the eo.t 290.00 feet of .old Northwest Quarter of Section 25, Townmlp 114. Range 20, Dokola County, MInnesota.
. lHtS Sl<E1tIf DOES NOT PURPORT TO SIlOW 11-4E EXISlD1CE OR NONEXISIDlCE or ANY
ENCROAalllENTS FllOll OR ONTO 1HE HEREOIl DESCRI80l LAND, EASEMENTS Of RECORD OR
UNRECORDED EASEMENTS WHlal AFl'ECT SAID LAND OR ANY III1'RO'IEMENTS TO SAID LAND.
WE HERElY CER1IFY TO DR. HORTON 'IllA T 11-41S SURW:Y, PLAN OR REPORT WAS
PREPARED BY ME. MY DI1lECT SUPER\'! ANO 11-4AT I AM A DULY UCENSED LAND
Sl/R""YOR UNDER or 1HE STAlE OF E TA, DAtED ms 2811-4 DAY or .AlLY, 2001.
51 ENClNEEllIN P."" ;
BY:' 2422 Enten"l.. DMIIO
"'endolo Height., !.IN 55120
(851) 851-1114 FAX:8I1-t418
625 Highway 10 N.E.
Bloi"e, "'N 55434
(783) 713-1110 l'AX:7I3-1113
100348502.DW 100348 01-154
~
t;:
~
it
~
2553
lSV3 ~33~O 31aalrl
~ i
~
_ :z:: _
.;~!
. ~
. I
,
/
/
/
/
/
/
/
/
/
/
I__~
o
!i ~
>
~ ~
g -
i w
\ I
\ I
\ I
\ I
\ I
...l _ ---1 _ _ ~
o
:i
t-
V!
<(
W
'"
W
W
0::
U
[~
~~
~x
\
1>-
'<(
i ;t
"-
o
/
>-
I
'-'
ii'
"
"
!
!
/
/
/
/
I
I
I
I
,
/
/
/
/
/
/
~
--._-----.._-~
/553
PETITION TO VACATE Roadway Easement
We, the undersigned owners or record of
100
percent or the property abutt~ng
upon
203rd Street West
located within the City of Farmington, County of Dakota, State of Minnesota,
hereby petition the City Councilor the City or Farmington, County of Dakota,
State or Minnesota, to vacate the
legally described as:
Roadway Easement
See Attached
1.
Name
J9~ b.~
Signature
Don Patton for D.R. Horton, Inc.
Print Name
Address
Date
eAloz
, ,
20860 Kenbridge Ct., Ste 100, Lakeville, MN 55044
2.
...~ ~~./
S~n-a~ufe Y\.1
8~Joz
I
JOseoh M (V\,.\li',~
Print NIime
3.
Signature
Print Name
4.
Signature
Print Name
c;
J.
Signature
Print Name
'I'rl) ~ @[gOW@rA1
I ~(I I/~I
I' , f I
iu~1 AUS 2, . il1JJ 56'1
lOa...
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminl[ton.mn.us
TO:
Mayor, Councilmembers, City Administrator ~
Lee Mann, Director of Public Works/City Engineer
FROM:
SUBJECT:
Consider Resolution - Middle Creek East Development Contract
DATE:
October 7, 2002
INTRODUCTION
The Development Contract for Middle Creek East is forwarded herewith for Council's consideration.
DISCUSSION
The final plat for Middle Creek East was approved by the Planning Commission on September 9, 2002 and by
the City Council on September 16, 2002.
The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the
Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval
for the development contract:
1. the Developer enter into this Agreement; and
2. the Developer provide the necessary security in accordance with the terms of this Agreement; and
3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City
Council approval of the final plat.
BUDGET IMPACT
None.
ACTION REQUESTED
Adopt the attached resolution approving the execution of the Middle Creek East Development Contract and
authorize its signing contingent upon the above conditions and approval by the Engineering Division.
Respectfully Submitted,
~ /'YJ ~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
/.5"55'
..
RESOLUTION NO. R_-02
APPROVING DEVELOPMENT CONTRACT
MIDDLE CREEK EAST
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 in City Hall of said City on the 7th day of October, 2002 at 7 :00 P.M.
Members present:
Members absent:
Member _ introduced and Member _ seconded the following resolution:
WHEREAS, pursuant to Resolution No. R62-02, the City Council approved the Preliminary Plat of Middle Creek East;
and,
WHEREAS, pursuant to Resolution No. R82-02, the City Council approved the Final Plat of Middle Creek East subject to
the following conditions.
1. Constructing 203rd Street to full-width in accordance with requirements established by the City Engineer.
2. A mutually agreed upon settlement is reached concerning the McCarthy house/easement.
3. Minor engineering issues need to be addressed and approval of construction plans for grading, storm water and utilities
by the Engineering Division needs to be granted.
4. Execution of a Development Contract between the Developer and the City of Farmington and submission of security,
payment of all fees and costs and submission of all other documents required under the Development Contract.
NOW THEREFORE, BE IT RESOLVED THAT:
The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby
approved subject to the following conditions:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council
approval of the final plat.
The Mayor and Administrator are hereby authorized and directed to sign such contract.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of October, 2002.
Mayor
Attested to this _ day of
,2002.
City Administrator
SEAL
/5st;
DEVELOPMENT CONTRACT
AGREEMENT dated this 7th day of October, 2002, by, between, and among the City of Farmington, a Minnesota municipal
corporation (CITY) and Arcon Development, Inc., a Minnesota corporation, and D.R. Horton, Inc.- Minnesota, a Delaware
corporation (DEVELOPER).
1. Request for Plat Aooroval. The Developer has asked the City to approve a plat for Middle Creek East (also referred to
in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of
Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A":
2. Conditions of Aooroval. The City hereby approves the plat on the conditions that:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council
approval of the fmal plat.
3. Develooment Plans and Rieht to Proceed. The Developer shall develop the plat in accordance with the following plans.
The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval,
after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written
terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - Zoning/Development Map
Plan E - Wetlands Mitigation as required by the City
Plan F - Final Street and Utility Plans and Specifications
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone.
Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or
private improvements or any building until all of the following conditions have been satisfied:
a) This agreement has been fully executed by both parties and filed with the City Clerk,
b) The necessary security has been received by the City,
c) The plat has been recorded with the Dakota County Recorder's Office, and
d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed.
1
/6S?
4. Sales Office Requirements. At any location within the plat where lots and/or homes are sold which are part of this
subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a
zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the
adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of
the plat shall be included.
5. Zoninl!!Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of
the plat containing the following information:
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
6. Required Public Improvements and C.S.A.H. 31/ Pilot Knob Road Assessments. The Developer shall install and pay
for the following:
a. Sanitary Sewer Lateral System
b. Water System (trunk and lateral)
c. Storm Sewer
d. Streets
e. Concrete Curb and Gutter
f Street Signs
g. Street Lights
h. Sidewalks and Trails
i. Erosion Control, Site Grading and Ponding
j. Traffic Control Devices
k. Setting of Lot & Block Monuments
1. Surveying and Staking
m. Landscaping, Screening, Blvd. Trees
The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering
guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer
furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and
specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default
of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before
proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure
an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction
work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time
basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council
chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty
(60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with
a complete set of "As Built" plans as specified in the City's Engineering Guidelines.
If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with
producing the as-built drawings will be the responsibility of the Developer.
The developer shall be responsible for the construction of 203rd Street east of the plat according to Plan F as described in this
contract. Developer further acknowledges and agrees to move or raze the residential structure currently owned by Daniel and
Theresa McCarthy that encroaches into the existing Right of Way in order to facilitate construction of203rd Street east of the
plat to effectively serve this Development and other developments undertaken by Developer. Developer further agrees to
participate fully in the resolution of any dispute regarding the movement or razing of the residential structure including payment
to the City of one third of the agreed-upon costs among and between the McCarthy's, the City and Stewart Title Company in
settlement. As security for this commitment, Developer shall post an amount not less than $65,000 with the City upon
execution of this Agreement.
Two street accesses to the plat must be completed before building permits will be issued.
Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S.
S505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed.
2
/6'5~
C.S.A.H 31/ Pilot Knob Road Assessments
The parent parcels of Middle Creek East have been assessed for improvements to C.S.A.H. 31/ Pilot Knob Road. The total
levied assessment amount for the parcels is:
Parcel Nos.
1448702010 00
1448702 020 00
1448702 060 00
144870204000
Total amount levied: $245,582.52 (calculated through 12/31/2002)
A portion of the levied assessment plus interest becomes due with the final platting of Middle Creek East. The amount due with
Middle Creek East will be calculated proportionally based on the area of Middle Creek East being developed in relation to the
entire area of the property. The remaining balance of the levied assessment shall remain levied against the unplatted portion of
the parent parcel.
The Developer may elect to pay the assessment in cash at the time of final plat approval or have it prorated and reassessed to
the lots and blocks of Middle Creek East. If assessed, the assessments shall be spread over a 10-year period with 6.5% interest
on the unpaid balance from the time of the initial adoption of the assessment to the parent parcel. The reassessments shall be
deemed adopted on the date this Contract is signed by the City. The Developer waives any and all procedural and substantive
objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments
exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081.
7. Time of Performance. If the City provides written authorization to proceed with construction on or before May 15,2003,
the Developer shall install all required public improvements by September 30,2004, in accordance with the requirements
set forth in the City's Engineering Guidelines. The Developer may, however, request an extension oftime from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases.
An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide
with the date of the extension of the security.
8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement,
and written acceptance by the City Engineer, the improvements lying within public easements shall become City property,
except for cable TV, electrical, gas, and telephone, without further notice or action.
9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against
poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground
utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed
and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall
commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the
Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the
utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner
shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees
shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is
released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post
maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%)
of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the
warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The
City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities.
10. Gradinl! Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the
stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has
been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from
the City Engineer.
3
/5'5'9
If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property
owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has
approved the proposed grading changes.
11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by
the City. The City may impose additional erosion control requirements if it is determined that the methods implemented
are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-
seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the
City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate
to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in
advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or
obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within
thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control requirements.
The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also
responsible for a Water Quality Management Fee of $ 1,410.00 based upon the number of acres in the plat. This fee is
due and payable at the time of execution of this agreement.
12. Landscapinl!. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished
in accordance with a time schedule approved by the City.
A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the
boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders,
homeowners, etc.
B. All graded areas, including fmish grade on lots, will require a minimum of 4" of black dirt. The responsibility for the
installation of black dirt shall not be transferred to homeowners.
C. Retaining walls with I) a height that exceeds four feet or 2) a combination oftiers that exceed four feet or 3) a three
foot wall with a back slope greater than 4 to I shall be constructed in accordance with plans and specifications
prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a
certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was
constructed in accordance with the approved plans and specifications. All retaining walls that are part of the
development plans, or special conditions referred to in this Contract that are required to be constructed, shall be
constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built.
All landscaping features, including those constructed within public rights of way, remain the property and
responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's
rights to access and maintain their rights of way.
13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving
shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of
public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been
filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to
approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed.
Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development
of subsequent phases may not proceed until development agreements for such phases are approved by the City.
14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof
which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot
layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal
law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's
Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or
dedication requirements enacted after the date of this Agreement and may require submission of a new plat.
4
/5~O
15. Surface Water Manal!ement Fee. The Developer shall pay an area storm water management charge ofS 217,864.00 in
lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as
amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and
the Wetlands Mitigation Plan.
17. Water Main Trunk Area Charl!e. The Developer shall pay a water main trunk area charge ofS 48,503.00 for the plat in
lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into. A credit of$ 64,579.00 will
be given to the Developer for Water Main Trnnk oversizing within the plat. The net result is a credit of$16,076.00.
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee ofs 38,520.00 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over
a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall
be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that
the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to
MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in
effect at the time the Development Contracts for those phases are entered into.
19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge ofS 39,232.00 for the
plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not
outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per
annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may
be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the
assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal
rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be
calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered
into. The City will reimburse costs incurred by the Developer for the removal of the lift station at 203rd Street.
20. Park Dedication. The Developer shall pay a park dedication fee of S 117,461.00 in satisfaction of the City's park
dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over
a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment
shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at
any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim
that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available
pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
21. Sealcoatinl!. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to
pay a fee ofS 4,464.00 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and
Bridge Fund upon execution of this Agreement.
5
/S'c;/
22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 2,520.00 based upon the number
of lots within the subdivision.
23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated
on the plat.
24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat
to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public
improvements by the City. The license shall expire after the public improvements installed pursuant to the Development
Contract have been installed and accepted by the City.
25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures
shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the
right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street
cleaning costs.
26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of
all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or
alternative security acceptable to the City Administrator, from a bank (security) for $ 1,900,327.00. The bank and form of
the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The
term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-
five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or
terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may
draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this
Agreement or Default of the Contract. The amount of the security was calculated as follows:
GradinglErosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
203rd Street
N/A
$ 508,470.00
$ 289,346.00
$ 300,125.00
$ 541,058.00
$ 65,000
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 18,000.00
$ 22,396.00
$ 20,790.00
$ 16,813.00
N/A
Two Years Principal and Interest on Assessments $ 118,330.00
This breakdown is for historical reference; it is not a restriction on the use of the security.
*The Grading/Erosion Control is secured by a separate letter of credit.
1. Responsibilitv for Costs.
A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but
not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs,
engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and
development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in
monitoring and inspecting the construction for the development of the plat.
B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and
development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses
which the City may payor incur in consequence of such claims, including attorney's fees.
6
/.b ~,;(
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and
attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work
required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of
the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the
City has the right to draw from the Developers security to pay the bills.
29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all
construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer.
30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as
otherwise approved by the City Engineer.
31. Wetland Buffer and Natural Area Sie:ns. The Developer is responsible for installing Wetland Buffer signs around all
wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's
Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City
Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be
indicated on individual lot surveys prior to the issuance of a building permit for that lot.
32. Existine: Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees,
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative
grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed
during clearing and grubbing operations shall be disposed of off site.
33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by
the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this
agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
34. Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer
may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder
shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third
parties shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of
erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a
bituminous surface, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate
denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed
until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements,
7
/5't;3
the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to
public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or
third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous
surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when
weather related circumstances prevent completion of street projects before the end of the construction season. The
Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all
times when such a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and
that an environmental impact statement is not required. However, if the City or another governmental entity or agency
determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued
from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the
City incurs in assisting in the preparation of the review.
G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County,
Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option,
refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is compliance.
H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with
the City, its successors and assigns, that the Developer is well seized in fee title of the property being fmal platted and/or
has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property;
that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the
City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it
under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence;
limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an
additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days
advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage
with the City prior to the City signing the plat.
1. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's
cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall
determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this
determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in
damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per
day sum stipulated is a reasonable amount to compensate the City for its damages.
8
/5CJY
L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of
operation:
Monday - Friday
Saturday
Sunday and Holidays
7:00 A.M. until 7:00 P.M.
8:00 A.M. until 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the
above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per
occurrence in accordance with paragraph K of this section.
M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for
every house that is to be constructed in the development. This entrance is required to be installed upon initial construction
of the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30.
O. Third parties have no recourse against the City or Developer under this contract.
35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or registered mail at the following addresses:
Attn: Larry Frank
Arcon Development, Inc.
7625 Metro Boulevard
Suite #140
Edina, MN 55439
or
Attn: Colin Roetrnan
D.R. Horton, Inc.- Minnesota
20860 Kenbridge Court
Suite 100
Lakeville, MN 55044
Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by
certified mail or registered mail in care of the City Administrator at the following address:
Edward Shukle, City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
9
/.5'c;,5
CITY OF FARMINGTON
By:
By:
DEVELOPER:
Arcon Development, Inc., a Minnesota corporation
By:
DEVELOPER:
D.R. Horton, Inc.- Minnesota, a Delaware corporation
By:
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111
SIGNATURE PAGE
Gerald Ristow, Mayor
Edward Shukle, City Administrator
Its:
Its:
10
/5c:,~
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this day of , 20 by
Gerald Ristow, Mayor, and by Edward Shukle, City Administrator, of the City of Farmington, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by the City Council.
Notary Public
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this
day of
,20
by
, the
of Arcon Development, Inc., a
corporation under the laws of Minnesota, on behalf of the corporation.
The foregoing instrument was acknowledged before me this
day of
,20
by
, the
D.R. Horton, Inc.- Minnesota, a
corporation under the laws of Dele ware, on behalf of the corporation.
Notary Public
11
/5<:::;/
EXHffiIT "A
Outlot F, MIDDLE CREEK 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.
Together with:
That part of a vacated public street dedicated in Document Number 388703 lying west of the east 290.00 feet of the Northwest
Quarter of Section 25, Township 114, Range 20, Dakota County, Minnesota,
12
/5~~
lOb
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminl[ton.mn.us
TO:
Mayor, Councilmembers, City Administrator~
Lee Mann, Director of Public Works/City Engineer
FROM:
SUBJECT:
Consider Resolution - Middle Creek 7th Addition Development Contract
DATE:
October 7, 2002
INTRODUCTION
The Development Contract for Middle Creek 7th Addition is forwarded herewith for Council's consideration.
DISCUSSION
The final plat for Middle Creek 7th Addition was approved by the Planning Commission on September 9,
2002 and by the City Council on September 16, 2002.
The contract has been drafted in accordance with the approvals and conditions placed on the approvals of the
Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval
for the development contract:
I. the Developer enter into this Agreement; and
2. the Developer provide the necessary security in accordance with the terms of this Agreement; and
3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City
Council approval of the final plat.
BUDGET IMPACT
None.
ACTION REQUESTED
Adopt the attached resolution approving the execution of the Middle Creek 7th Addition Development
Contract and authorize its signing contingent upon the above conditions and approval by the Engineering
Division.
Respectfully Submitted,
';t;.Yh~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
/.5'~ 7
RESOLUTION NO. R_- 01
APPROVING DEVELOPMENT CONTRACT
MIDDLE CREEK 7TH ADDITION
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 in City Hall of said City on the 7th day of October, 2002 at 7:00
P.M.
Members present:
Members absent:
Member _ introduced and Member _ seconded the following resolution:
WHEREAS, pursuant to Resolution No. R67-00, the City Council approved the Preliminary Plat of Middle
Creek.
WHEREAS, pursuant to Resolution No. R86-02, the City Council approved the Final Plat of Middle Creek 7th
Addition subject to the following conditions.
1. Any engineering issues by addressed and approval of construction plans for grading, storm water and
utilities by the Engineering Division needs to be granted.
2. Execution of a Development Contract between the Developer and the City of Farmington and submission of
security, payment of all fees and cost and submission of all other documents required under the
Development Contract.
NOW THEREFORE, BE IT RESOLVED THAT:
The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is
hereby approved subject to the following conditions:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City
Council approval of the final plat.
The Mayor and Administrator are hereby authorized and directed to sign such contract.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of
October, 2002.
Mayor
Attested to this _ day of
, 2001.
SEAL
City Administrator
/570
DEVELOPMENT CONTRACT
AGREEMENT dated this 7th day of October, 2002, by, between, and among the City of Farmington, a Minnesota municipal
corporation (CITY) and D.R. Horton, Inc. - Minnesota, a Delaware corporation (DEVELOPER).
1. Request for Plat Approval. The Developer has asked the City to approve a plat for Middle Creek 7th Addition (also
referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City
of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A":
2. Conditions of Approval. The City hereby approves the plat on the conditions that:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council
approval of the final plat.
3. Development Plans and Ril!ht to Proceed. The Developer shall develop the plat in accordance with the following plans.
The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval,
after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written
terms of this Contract, subject to paragraphs 6 and 31G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - ZoninglDevelopment Map
Plan E - Wetlands Mitigation as required by the City
Plan F - Final Street and Utility Plans and Specifications
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone.
Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or
private improvements or any building until all of the following conditions have been satisfied:
a) This agreement has been fully executed by both parties and filed with the City Clerk,
b) The necessary security has been received by the City,
c) The plat has been recorded with the Dakota County Recorder's Office, and
d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed.
1
/5)/
4. Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this
subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a
zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the
adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of
the plat shall be included.
5. Zonin2lDevelooment Mao. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of
the plat containing the following information:
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
6. Reauired Public Imorovements. The Developer shall install and pay for the following:
a. Sanitary Sewer Lateral System
b. Water System (trunk and lateral)
c. Storm Sewer
d. Streets
e. Concrete Curb and Gutter
f Street Signs
g. Street Lights
h. Sidewalks and Trails
i. Erosion Control, Site Grading and Ponding
j. Traffic Control Devices
k. Setting of Lot & Block Monuments
1. Surveying and Staking
m. Landscaping, Screening, Blvd. Trees
The improvements shall be installed in accordance with Plans A through F, and in accordance with City standards, engineering
guidelines, ordinances and plans and specifications which have been prepared by a competent registered professional engineer
furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and
specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default
of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before
proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure
an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction
work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time
basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council
chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty
(60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with
a complete set of "As Built" plans as specified in the City's Engineering Guidelines.
If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with
producing the as-built drawings will be the responsibility of the Developer.
Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S.
9505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed.
7. Time of Performance. The Developer shall install all required public, by September 30, 2004, in accordance with the
requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time
from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to
reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of
the contract will coincide with the date of the extension of the security.
8. Ownershio of Imorovements. Upon the completion of the work and construction required to be done by this Agreement,
and written acceptance by the City Engineer, the improvements lying within public easements shall become City property,
except for cable TV, electrical, gas, and telephone, without further notice or action.
2
/5/0:1
9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against
poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground
utilities is two years. The warranty period for the streets shall commence after the fmal wear course has been completed
and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall
commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the
Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the
utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner
shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees
shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is
released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post
maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%)
of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the
warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The
City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities.
10. Grading: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B.
Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the
stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid and the City has
been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from
the City Engineer.
If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property
owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has
approved the proposed grading changes.
11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by
the City. The City may impose additional erosion control requirements if it is determined that the methods implemented
are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-
seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the
City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate
to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in
advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or
obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within
thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no
building permits will be issued unless the plat is in full compliance with the erosion control requirements.
The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also
responsible for a Water Quality Management Fee of $ 597.00 based upon the number of acres in the plat. This fee is due
and payable at the time of execution of this agreement.
12. Landscaping:. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished
in accordance with a time schedule approved by the City.
A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the
boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders,
homeowners, etc.
B. All graded areas, including finish grade on lots, will require a minimum of 4" of black dirt. The responsibility for the
installation of black dirt shall not be transferred to homeowners.
C. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three
foot wall with a back slope greater than 4 to I shall be constructed in accordance with plans and specifications
prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a
certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was
constructed in accordance with the approved plans and specifications. All retaining walls that are part of the
development plans, or special conditions referred to in this Contract that are required to be constructed, shall be
3
/5'73
constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built.
All landscaping features, including those constructed within public rights of way, remain the property and
responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's
rights to access and maintain their rights of way.
13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving
shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of
public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been
filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to
approve fmal plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed.
Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development
of subsequent phases may not proceed until development agreements for such phases are approved by the City.
14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof
which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot
layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal
law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's
Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or
dedication requirements enacted after the date of this Agreement and may require submission of a new plat.
15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge of $ 92,256.00 in
lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as
amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and
the Wetlands Mitigation Plan.
17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge ofS 20,938.00 for the plat in
lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in
the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or
prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including
any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into. A credit of$ 14,514.00 will
be given to the Developer for Water Main Trunk oversizing within the plat. The net result is that the Water Main Trunk
Area Charge to be paid with this plat is $ 6,414.00.
18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee ofS 43,870.00 for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over
a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall
be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any
time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that
the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to
MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in
effect at the time the Development Contracts for those phases are entered into.
4
/5/~
19. Sanitary Sewer Trunk Area Charl!e. The Developer shall pay a sanitary sewer trunk area charge of $ 16,613.00 for the
plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not
outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per
annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may
be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the
assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal
rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be
calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered
into.
20. Park Dedication. The Developer shall pay a park dedication fee of $49,740.00 in satisfaction of the City's park
dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over
a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment
shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at
any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim
that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available
pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the Development Contracts for those phases are entered into.
21. Sealcoatinl!. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to
pay a fee of $5,084.00 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and
Bridge Fund upon execution of this Agreement.
22. GIS Fees. The Developer is responsible for a Government Information System fee of $ 750.00 based upon the number of
lots within the subdivision.
23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated
on the plat.
24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat
to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public
improvements by the City. The license shall expire after the public improvements installed pursuant to the Development
Contract have been installed and accepted by the City.
25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures
shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the
right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street
cleaning costs.
26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of
all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or
alternative security acceptable to the City Administrator, from a bank (security) for $ 771,976.00. The bank and form of
the security shall be subject to the approval of the City Administrator. The security shall be automatically renewing. The
term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-
five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or
terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may
draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this
Agreement or Default of the Contract. The amount of the security was calculated as follows:
5
/5"'/5
GradinglErosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
$N/A
$ 69,052.00
$ 144,643.00
$ 146,676.00
$ 332,327.00
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 2,500.00
$ 8,000.00
$ 4,375.00
$ 2,669.00
$N/A
Two Years Principal and Interest on Assessments $ 61,735.00
This breakdown is for historical reference; it is not a restriction on the use of the security.
*The GradinglErosion Control is secured by a separate letter of credit.
27. Responsibility for Costs.
A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but
not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs,
engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and
development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in
monitoring and inspecting the construction for the development of the plat.
B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and
development. The Developer shall indemnity the City and its officers and employees for all costs, damages or expenses
which the City may payor incur in consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and
attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work
required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of
the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the
City has the right to draw from the Developers security to pay the bills.
29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all
construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer.
30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as
otherwise approved by the City Engineer.
31. Wetland Buffer and Natural Area Shms. The Developer is responsible for installing Wetland Buffer signs around all
wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's
Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City
Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be
indicated on individual lot surveys prior to the issuance of a building permit for that lot.
32. Existin2 Tree Preservation. The Developer will walk the site with the City Forester and identity all significant trees,
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative
grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed
during clearing and grubbing operations shall be disposed of off site.
6
/57C
33. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by
the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this
agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
34. Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer
may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder
shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third
parties shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of
erosion control devices, installation of permanent street signs and wetland buffer and natural area signs, paving with a
bituminous surface, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate
denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed
until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements,
the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to
public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or
third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous
surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when
weather related circumstances prevent completion of street projects before the end of the construction season. The
Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all
times when such a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and
that an environmental impact statement is not required. However, if the City or another governmental entity or agency
determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued
from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the
City incurs in assisting in the preparation of the review.
G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County,
Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option,
refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is compliance.
7
/5'/)
H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with
the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or
has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property;
that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the
City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it
under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence;
limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an
additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days
advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage
with the City prior to the City signing the plat.
J. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's
cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall
determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this
determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in
damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per
day sum stipulated is a reasonable amount to compensate the City for its damages.
L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of
operation:
Monday - Friday
Saturday
Sunday and Holidays
7:00 A.M. until 7:00 P.M.
8:00 A.M. until 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the
above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per
occurrence in accordance with paragraph K of this section.
M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for
every house that is to be constructed in the development. This entrance is required to be installed upon initial construction
of the home. See City Standard Plate ERO-09 for construction requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 30.
O. Third parties have no recourse against the City under this contract.
35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or registered mail at the following addresses:
Attn: Colin Roetman
D.R. Horton, Inc.- Minnesota
20860 Kenbridge Court
Suite 100
Lakeville, MN 55044
8
167<8'
Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by
certified mail or registered mail in care of the City Administrator at the following address:
Edward Shukle, City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
9
/5' /9
SIGNATURE PAGE
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
By:
Edward Shukle, City Administrator
DEVELOPER:
D.R. Horton, Inc. - Minnesota
By:
Its:
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111
10
/5~O
ST ATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this day of , 20 by
Gerald Ristow, Mayor, and by Edward Shukle, City Administrator, of the City of Farmington, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by the City Council.
Notary Public
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this
day of
,20
by
, the
ofD.R. Horton, Inc. - Minnesota,
a corporation under the laws of Delaware, on behalf of the corporation.
Notary Public
11
/5~1
EXHIBIT" A"
Legal Description:
Outlot B, MIDDLE CREEK 4TH ADDITION, according to the recorded plat thereof, Dakota County,
Minnesota.
12
/ 5'~~
IOe
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmimrton.mn.us
FROM:
Mayor, Council Members, City Administrator ~
Kevin Carroll, Community Development Director
TO:
SUBJECT:
Consider Ordinance Temporarily Prohibiting Development in the "Opportunity
Grant Study Area"
DATE:
October 7, 2002
INTRODUCTION
At the City Council meeting on September 16th, the Council discussed the pros and cons of
temporarily prohibiting development activity within a certain area of the City until a Master Plan
for that area can be completed and approved by the City Council. The 450-acre area in question
is bounded on the north by Highway 50, on the east by Denmark Avenue, on the south by 220th
Street West, and on the west by the future southerly extension of Pilot Knob Road (see attached
map).
At the conclusion of the Council's discussion on September 16th, the Council tabled the issue in
order to provide additional time for public input and commentary. City staff members continue
to believe that the most effective way to implement the goals and objectives specified in the
City's Comprehensive Guide Plan is to develop and adopt a Master Plan for the area in question
before development activity begins to occur there. Evidence suggests that if a short-term
moratorium is not enacted, the Planning Commission and the City Council will be forced to
make critical planning and land use decisions well in advance of the completion of the Master
Plan. Such decisions would be mandated by Minnesota statutes that obligate cities to take formal
action on certain types of applications (for rezonings, comprehensive guide plan amendments,
preliminary and final plats, etc.) within specified periods of time (typically, 60 days). Even
though such decisions would deal with only limited portions of the 450-acre area, the remaining
portions would be directly or indirectly affected, thereby undermining the Master Planning
process while it was still in progress.
The "Discussion" section, below, restates the background information that was provided to the
Council prior to the September 16th City Council meeting. The staff recommendation regarding
the "Action Requested" remains the same.
DISCUSSION
Each year, the Metropolitan Council's Livable Communities Demonstration Account makes
funds available for "Opportunity Grants" of up to $75,000. Opportunity Grants are designed to
/5~3
help fund local initiatives to develop project-specific and site-specific land use plans that (among
other things) "propose a mix of uses, including a mix of housing types and costs, and an
economic mix near commercial, civic or other uses that facilitate daily needs and community
activities." Eligible uses of funds include "preparation of master plans; market studies to assist
in determining retail/office/housing mix and cost; and conducting design workshops and
developing design standards."
In March of this year, City staff members prepared and submitted an application (attached) for an
Opportunity Grant in the amount of $40,000. The application focused on the portion of
Farmington bounded on the north by Highway 50, on the east by Denmark Avenue, on the south
by 220th Street West, and on the west by the future southerly extension of Pilot Knob Road (see
attached map). There are four private "property ownership groups" and one public property
owner (Dakota County) within this rectangle. City staff believes that the development of a
comprehensive "master plan" for this area would greatly facilitate a logical, orderly, progressive
and coordinated approach to the many issues that will arise as the City engages in discussions
with owners, prospective developers, adjoining landowners, and other interested parties.
On July 24th, the Metropolitan Council awarded the City of Farmington the full amount of the
$40,000 grant that the City had requested. Our local (District 16) representative on the
Metropolitan Council, Mr. John Conzemius, attended the August 5th City Council meeting to
formally announce the grant award in question.
The timetable outlined in the grant application envisioned the completion of a Master Plan by
August of 2003. After that, a few additional months may be needed to draft, discuss and adopt
any zoning changes and/or Comprehensive Guide Plan amendments that rnay be required to
implement the Master Plan.
In a "best case scenario," all of this work would be completed before the City had to begin
reviewing and making decisions on development proposals regarding the area in question.
However, it is possible, and perhaps even likely, that the City will begin receiving concept plans,
rezoning applications, MUSA requests, preliminary plats and other planning-related submissions
well in advance of the completion of the master planning process. The City would be statutorily
required to make formal decisions on certain types of submissions within 60 days after receiving
them. In some cases, the City would have the authority to deny (as premature) such applications
or requests until the Master Plan could be completed, but a substantial amount of time and
expense would still have to be devoted to those [premature] submissions by the applicants, the
Planning Commission, the City Council and a variety of City staff members.
The aforementioned circumstances may make it prudent to consider the adoption of a short-term
prohibition against specified types of development activity within a carefully defmed geographic
area, in order to defer the processing and analysis of development proposals until they can be
studied in the context of a Master Plan aooroved bv the Otv Council. City staff members have
conferred with representatives of the City Attorney's office on this point, and they have indicated
that such a temporary prohibition (or moratorium) would be appropriate in this instance.
/5~<I
The concept of a moratorium was discussed with the members of the City's Housing and
Redevelopment Authority [HRA] on August lih, and with the members of the Planning
Commission on August 13th. The HRA and the Planning Commission each passed a unanimous
motion recommending that the City Council adopt a moratorium. At each of those meetings,
staff indicated that the proposed length of the moratorium would be 18 months, and that the
moratorium would be limited to the geographic area that was identified in the Met Council
Opportunity Grant application.
On September 6, 2002, City staff members met at City Hall with representatives of the four
private parties who own property located within the Opportunity Grant study area. During that
meeting, information was conveyed to the property owners regarding the Opportunity Grant, the
projected timetable for the development of the Master Plan, and the concept of a short-term
restriction on development activity until the Master Plan could be completed. With regard to the
latter, one property owner indicated that he did not have an opinion regarding the proposed
moratorium. Two of the remaining three private property owners indicated that they were not
opposed to the concept of a moratorium, but that they would prefer that the time period be 12
months (or less, if possible) rather than 18 months.
The owners of the sole remaining parcel, who apparently entered into a listing or brokerage
agreement regarding their parcel in the recent past, indicated that they were opposed to the
adoption of a moratorium. Their representative distributed a concept plan (for not only their
client's property, but also for all of the other property located within the Opportunity Grant study
area) that appears to show (among other things) residential units located within the area currently
zoned "Business Park," 100% multi-family housing and no detached single family housing, and
no "Spruce Street connection" between the existing downtown and the future retail/commercial
area south of Highway 50. These are all issues that will be studied as part.ofthe Master Planning
process.
The Spruce Street topic, in particular, is critically irnportant. The Comprehensive Guide Plan
indicates that "[t]he 2020 Thoroughfare Plan shows Spruce Street extending to the west to
intersect with the proposed Pilot Knob Road extension in the future." The 2020 Thoroughfare
Plan (attached) shows this connection as an important "Future Collector." The changes to the
Zoning Code that were recently adopted by the City Council included the creation of zoning
category entitled "Spruce Street Commercial District," the exact location and boundaries of
which will be determined during the Master Planning process.
The subject of a possible moratorium was discussed with the Chamber of Commerce's recently-
created Community Development Committee on September 9, 2002. The four Chamber
rnernbers who attended that rneeting indicated their belief that additional opportunities for input
from the general public should be provided before the City Council takes any formal action
regarding a possible moratorium. They indicated that they may send a spokesperson to the
September 16th Council meeting to suggest or request that the Council defer taking any action on
this subject until at least the Council's next meeting on October ih.
[On Tuesday, October 1st, the Chamber's Community Development Committee hosted a special
Committee meeting regarding this topic. The meeting was held at Anchor Bank. Several
/5C?5
Chamber members were in attendance, along with several City staff members, representatives of
one of the property owners, and various other interested parties.]
ACTION REQUESTED
There is merit to the suggestion from two of the affected property owners that the City make an
effort to expedite the Master Planning process to the greatest extent possible. City staff is
prepared to work with the City's consultants to try to complete the process within 12 months (or
sooner, if possible) rather than the 18 month period that was initially proposed. The City Council
will have the option of extending the moratorium for a few more months if unforeseen
complications make it impossible to complete the process within the anticipated timeframe.
The staff recommendation is that the City Council adopt the attached Ordinance prohibiting
certain types of development activity within the Opportunity Grant study area for a period of 12
months.
I
/~(C
ORDINANCE NO.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
DEVELOPMENT IN A DESIGNATED AREA OF THE CITY
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Dermitions. The following terms whenever used in this ordinance shall be
interpreted to mean:
"Designated Area" means property with the following property identification numbers:
140360001033
140360001060
140360001050
140360001105
140360001275
140360001090
(Don Peterson)
(Don Peterson)
(Don Peterson)
(Knutsen Family Ltd. Partnership)
(Jim & Nancy Allen)
(William & Audrey Adelmann)
"Official Controls". The definition in Minn. Stat. ~ 462.352, Subd. 15 is adopted by
reference.
"Official Map". The definition in Minn. Stat. ~ 462.352, Subd. 10 is adopted by reference.
"Subdivision". The definition in Minn. Stat. ~ 462.352, Subd. 12 is adopted by reference.
SECTION 2. Purpose and Intent. The Designated Area is the subject of a Metropolitan
Council Opportunity Grant that was recently awarded to the City of Farmington. It is the intent of
this ordinance to allow the City (and its consultants) sufficient time to prepare a Master Plan for the
Designated Area, as envisioned in the City's application for the aforementioned Opportunity Grant,
and to make appropriate changes in official controls as recommended in the Master Plan, and in the
interim to protect the planning process and the health, safety, and welfare of the citizens of the
community.
SECTION 3. Factual Back2round.
. The City's 2020 Comprehensive Guide Plan Update, which was adopted by the City
/5<?'?
"~,,/.
Council on May 17, 2000, includes a section on "Land Use Policies and Strategies."
Policy #8 thereof indicates that "[i]t is the policy of the City of Farmington to establish a
new business park."
. One of the strategies listed under the aforesaid Policy #8 is to "[ d]evelop a master plan
for the business park that sets out permitted complementary land uses, requires high
amenity site design and creates a positive and progressive image through higher quality
development standards."
. The development and ultimate success of the anticipated business park will be facilitated
by having attractive housing opportunities in a range of styles and price ranges available
within the Designated Area.
. The presence of the Vermillion River and associated wetland areas within the
Designated Area makes the careful planning of the Area critical from an environmental
standpoint, especially with regard to storm water handling apd infrastructure placement.
. On July 24, 2002, the Metropolitan Council awarded to the City of Farmington an
Opportunity Grant in the amount of $40,000 to assist the City with the cost(s) of
preparing a Master Plan for the development of the Designated Area. The timetable for
the preparation of the Master Plan anticipates that it can be completed within 12 months.
. The City desires to have a comprehensive Master Plan for the Designated Area
completed and adopted before it becomes necessary for the City Council to make land
use and planning decisions that will have long-term implications for the health, safety
and welfare of the citizens of Farmington.
SECTION 4. Temporary Prohibition. Pending the completion of the above referenced
Master Plan and adoption of official maps and other appropriate official controls, no application will
be accepted, processed or approved for the following:
. Change in official controls
. Plats
. Subdivision of Land
. The issuance of conditional use permits, interim use permits, variances, and site plan
approval.
. The issuance of building permits for new buildings or structures or to expand the foot
print of an existing building or structure.
. The issuance of permits for new or relocated free standing signs not attached to a
building.
SECTION 5. Effective Date. This ordinance shall take effect from and after its passage
and shall remain in effect until the date of the adoption of the official maps and other official
controls contemplated hereunder or September 16,2003, whichever occurs first.
2
/ 5~<il
ADOPTED this 16th day of September, 2002, by the City Council of the City of
Farmington, Minnesota.
CITY OF FARMINGTON
BY:
Gerald G. Ristow, Mayor
ATTEST:
BY:
City Administrator
SEAL
Approved as to form the _ day of
.2002.
BY:
City Attorney
Published in the Farmington Independent the _ day of
,2002.
3
/b~'7
City of Farmington
Proposed Study Area
f.,
i '
!
Ilt3~--~~J~<t.J {:-~--
! I
,=1 ..,J
I
i .. .., --+1- ~.n.__._......u"';
!.----...---Oo~htown Arec3
nTTTT'
~irL~_:
", t:::::i
r
~ '1 i
o-;Ly~_
"'0
'C
~
o
o
+-'
Q.)
Q.)
~
+-'
CJ)
Q.)
()
:::::l
~
o
L()
I
<(
CJ)
o
t
go
'il
'3
"
~
0>
~
1ll
I
II
~I
fl
o
ll..
z
o
Ul (J
ec: l1l
We
I-~
W
ll..
z
o
Ulu
ec: l1l
~g
W
ll..
luawu6!rv ~f: .
11 .-t. ;
"C!l II . il
~!J i:;. i~ ~
~ ill Ilm !l .li i:
~ ':.:1 '" j '! ~.s... .(
,ildJi uh Wh. i.~ ~
,~~~ [[J 0 JllillJ ~
'I '
lL"
-: Ii!
Hilt! .
~ IUt -.
Un
z
o
Ulu
ec:l1l
we
1-'"
w
ll..
l
.
""
!
/5'9/
. I<~~\"
'7
Livable Communities Demonstration Account
afthe
Metropolitan Livable Communities Fund
OPPORTUNITY GRANT APPLICATION - 2002
'COVER SHEET
Project Name
Spruce Street Corridor Development Plan
Applicant
City of Farmington
Project Location (city)
Farmington, Minnesota
Address (street boundaries)
The proposed proj ect involves an area bounded on the north
by CSAH 50, on the east by Denmark Avenue, on the south
by 220th Street, and on the west by the [future] southerly
extension of Pilot Knob Road (CSA,H 31).
Project Size (acres)
Approximately 450 acres
Contact Person -
NAME
ADDRESS
Kevin Carroll, Community Development Director
PHONE
FAX
. E~MML
325 OAK STREET
FARMINGTON MN 55124
651-463-1860
651-463-2590
KCA:RR0LL-@CI~FA.RMINGTON.:MN..US
PROJECT SUMMARY
In 50 words or less, summarize the key objectives or components of the project you are proposing.
To create a comprehensive, progressive development plan for a currently undeveloped site located
in close proximity to a rapidly growing suburb's "historic" downtown, and to do so in a way that
creates new commercial, residential and mixed-use opportunities that complement rather than
conflict with existing businesses and neighborhoods.
/59~
'i'
1. THE SITE (begin a new page - half page limit)
a. Describe the current land uses on the site.
Virtually the entire site is currently devoted to agricultural uses. The remainder consists of
a branch of the Vermillion River, surrounding wetlands and floodplain/setback areas, and a
few undevelopable gas line easements.
b. Identify adiacent land uses, development and transit services.
The Farmington Industrial Park is located to the north of the site, on the opposite side of
CSAH 50. An Enron facility and a handful of small commercial businesses are also located
near the Industrial Park on the north side of CSAH 50. The primary land uses on the east side
of the site include a City park, the Farmington High School campus, and a small number of
residential homes. The land uses on the south and west sides of the site are almost exclusively
agricultural. Buses operated by Dakota Area Rapid Transit System (DARTS) serve the general.
vicinity, although there are currently no land uses within the project area that require the use
of public transit.
c. Describe potential additions or changes to the land uses the proposed proiect may generate.
The City anticipates that the northern portion of the site, along CSAH 50, will eventually
become a commerciaUretail environment that-will offer goods and services that can.not
presently be obtained in Farmington. In particular, the City believes that "big box" retailers
and other commercial enterprises that cannot presently be accommodated in the existing
downtown area (due to a lack of space suitable for such development) will want to locate along
CSAH 50, which is an east-west thoroughfare of increasing importance in the area.
The City anticipates that the central portion of the site will be accessed primarily via a
westerly extension of Spruce Street, thereby connecting the newly-developing area with the
central core of the existing downtown area. The central area of the site would be suitable for
smaller commercial businesses, mixed uses and an "office park" environment that would take
advantage of the scenic views and passive recreational opportunities provided by the adjacent
Vermillion River.
The City anticipates that the southern portion of the site will be devoted to a variety of
housing opportunities, including high density housing adjacent to the commercial/office areas,
. medium density housing in a transitional zone, and lower density housing located along the
..-southern-boundary ofthe site (adj acenttoexisting single-family homes and areas that "lVill
. ':remain.;;in~long~term-agricultural,use)..
1. DESCRIBE THE PROJECT (one-and-a-half page limit)
a. Project goals - Briefly describe the objectives and goals that the city expects to achieve with the
proposed project. How do they relate to goals and objectives cited in the city's comprehensive
plan? How do they relate to transit and other regional infrastructure? How 0.0 they relate to
protecting and preserving the environment?
Farmington is one of the three fastest-growing cities in Dakota County, which is one of the
fastest-growing counties in Minnesota. The City desperately needs more commercial, retail and
office space to serve its current and future residents and businesses. At the same time, the City
does not want to encourage or allow development patterns or practices that will adversely affect
the City's "historic" (and currently thriving) downtown area. The City's goal is to create a
business/office park that is located close enough to the existing downtown to allow both areas to
complement and enhance one another, and to enable people to move freely and easily between
both areas via pedestrian walkways, bike trails, mass transit (shuttle buses, trolleys, etc.), or
/5'93
~
motor vehicles. Further, the City wants to ensure that a wide range of desirable and affordable
housing styles are located close to (and in) the business/office park, so that residents. have the
option of walking/biking to work and/or to and between retail businesses. Finally, the City
wants to ensure that the proposed business/office park and the (anticipated) adjacent housing
developments protect and enhance the Vermillion River area and provide new "green spaces"
for the use and enjoyment of the nearby residents and the public in general. These goals and
objectives are entirely consistent with the land use, housing, transportation elements of the
City's 2020 Comprehensive Guide Plan. The proposed project presents opportunities to
effectively manage and direct growth in a classic "suburban/rural boundary area," thereby
potentially limiting urban/suburban sprawl and implementing a realistic urban service
boundary between the City and the adjacent township. .
b. Tasks and Outcomes - What are the tasks to be performed, and what are the expected Otltcomes
or products of these activities proposed to be funded by this opportunity grant? .
Generally speaking, the primary tasks to be performed as part of the proposed master planning
process include: determining which portions of the site are the most suitable for commercial,
retail and office uses; determining the optimum "mix" of each; deve~oping a concept plan for
preferred location(s) of specific desired/anticipated businesses; addressing parking issues in a
creative fashion that implements progressive stormwater management practices; addressing
transportation issues including the extension of CSAH 31 on the west side of the site, the
improvement of 220th Street on the south side of the site, creating aSpruce Street Corridor to
effectively connect the existing downtown commerciaUresidential area with the new
business/office park area and its adjacent housing, and devising an internal road system forthe
project area; ensuring the creation of mixed-use areas that effectively integrate commercial and
residential uses in a pedestrian- and transit-friendly environment; preserving and protecting
the Vermillion River (which passes through the project area) and adjacent wetland areas and
. naturalopen spaces; creating new parkland areas, green spaces and passive recreational
opportunities; and fostering a wide range of compact, conveniently located ("connected")
affordable housing opportunities and options.
Determine preliminary scope and required tasks for
qlaster planning rocess
Schedule and conduct meetings with interested parties &
stakeholders to refine and finalizesco e, oals and tasks
Conduct and complete Market Analysis
c. Timeline - What is the general timeline for this proposed project and the tasks outlined above?
When do you anticipate beginning your project? (Or, if project has already begun, list steps
completed or begun). What is the expected completi0n date of this project? Describe any
c.ircumstances relatin to time constraints or . reSBures. on_this ro 'ect
J~dt;P~t~~~9~ ;].$ll:dfJ);a:t
August 2002 September
2002
October 2002 December
2002
January 2003 March 2003
August 2003
September
2003
City staff, plan-
ning consultant(s)
Consultant(s) and
City staff
Consultant(s) and
City staff
City staff and
consul tant( s )
City staff and
consultant(s)
City staff
Conduct and complete Transportation Analysis
January 2003
March 2003
Prepare draft of Master Plan, incorporating
aforementioned analyses
Public hearings and town meetings to discuss draft of
Master Plan
Revise (as needed) and adopt Master Plan
April 2003
May 2003
June 2003
July 2003
/59Y
s
2. PROCESS AND P ARTNERSBIPS (begin new page - two page limit)
a. Local involvement. Describe the role of the applicant city officials and staff and the nature of
community involvement in the project.
· Community officials and staff:
A significant portion of the work required for the proposed "master planning" process
. would be performed by City staff, including the Community Development Director and the
City's Planning Division (consisting of the Planning Coordinator [AICP], Planning
Associate [AICP] and support staff). The City Engineer/Public Works Director would also
be actively involved, along with members of the Engineering Division, with regard to issues
.such as sewer and water extensions, stormwater handling/modeling, wetland
protection/mitigation, and transportation infrastructure. The Park & Recreation Director,
and members of his department, would provide advice and input with regard to tree
preservation, conservation easements, park land dedication, park planning and
development, internal trail systems, and passive recreational opportunities.
The Mayor and City Council would be involved in the project through ''work sessions,"
public hearings and regular City Council meetings. Several. of the City's advisory bodies
would provide specialized advice and guidance; such groups would include the Planning
Commission, the Housing and Redevelopment Commission, the Park & Rec Committee,
and the Water Board.
· Public Involvement:
There are four ownership groups (individuals~ families, etc.) that control all ofthe parcels
located within the project area. The City has conducted preliminary meetings and
discussions with these groups regarding the future development of their. properties, and the
concept of creating a comprehensive master plan for the entire site has received strong
support and encouragement. The City believes that these property owners will continue to
be fully-informed and active participants in (and supporters of) the master planning
.process"
The City will also actively engage a wide range of local civic groups and other organizations
in the planning process, including the Farmington Chamber of Commerce, the Farmington
RotaryClub, fraternal organizations, Dakota Valley Arts Council, Independent School
Distx:ict 192, Dakota County, Eureka Township (which shares a boundary with the southern
edge of the project area), local developers/builders, and any other group that has a direct,
indirect or potential interest in the outcome of the master planning process.
The involvement of the "general public" will be sought and encouraged through news
. releases, progress reports provided at televised City Council meetings, a series of "town
meetings" spaced throughout the planning process, public hearings on any rezonings or
Comprehensive Guide Plan amendments that may be required, and City newsletters and
direct mailings.
/59.5
"\J
b. Project Team. List participants and roles in carrying out the proposed activities. If consultants
have been hired, who are they and what is their role? List names or qualifications of consultants
you would propose hiring,
Lee Smick
Mike Schultz
Lee Mann (and
members of the
Engineering Division)
Jim Bell
Sheldon J ohoson
(presently
Undetermined]
[Presently
Undetermined]
City of Farmington
City of Farmington
City of Farmington
. City of Farmington
Bonestroo, Rosene,
et al
[Presently
Undetermined]
. [Presently
Undetermined]
Planning Associate
City Engineer/Public
Works Director
Director, Parks &
Recreation
De artment
Transportation
Consultant
Recognized and
Experienced
Marketing
Consul tan t( s )
Recognized and
Experienced
Planning/Land
. U set Architectural
Consultant(s)
. "t1~~~~~i~~f"
Proj ect Coordinator
Analysis of land use, zoning
and comprehensive guide plan
issues
GIS issues; preparation of
ma s, dia ams, conce t lans
Analysis of sanitary sewer,
water, storm sewer, and._rel~~~~
infrastructure issues
Analysis of park, trail,
conservation easement, and
recreational issues
Analysis of transportation
issues, including extension of
CSAH 31, improvement of
220lh Street and development
of internal roadway system,
and inte ation of mass transit
Preparation of market study to
determine optimum mix of
commercial, retail, office,
residential and mixed uses
Professional advice regarding
best methods of achieving
"walkable~' areas and
-connections -between housing.
and jobs, growth phasing,
aesthetically pleasing
environments, etc.
c. Partnerships. List and briefly describe the type and nature of partnerships in the project among
government, private, for-profit and non-profit sectors (as applicable).
An informal "planning partnership" exists between the City and the four private ownership
groups that control the parcels located within the project area. The City will work toward
creating similar informal, mutually-beneficial partnerships with adjacent property owners and
Eureka Township, which borders the southern boundary of the project area, and with Dakota
County, which owns and operates a Maintenance Facility on a parcel located in the north-
central portion of the site; Proactive and positive relationships with builders and developers
will be fostered.
/59C;
\l
3. FUNDING REQUEST (begin new page)
Eligible Uses of Funds:Preparation of master plans or detailed redevelopment plans; market studies to
assist in determining retail/office/housing mix and cost; conducting design workshops and developing
design standards; zoning aIfd land use implementation tools, such as overlay zones, special zoning
districts.
Ineligible Uses of Funds: Land acquisition, infrastructure, construction costs, administrative
overhead, project coordination, activities prior to the start of the grant project; legal fees; permits, licenses
or authorization fees; costs associated with preparing other grant proposals; operating expenses;
comprehensive planning costs; and prorated lease and salary costs.
Use attached table (Attachment A) to provide requested information, then respond to the
following questions (one page limit):
a. Total AmountRequested:
$40,000.00
b. If fewer dollars are available than requested, how would you prioritize the components in your
request.
The City would reduce the use of "outside consultants" and attempt to shift the consultants'
tasks to City staff members, and/or reduce the overall scope of the master planning process by
focusing on the initial or preliminary phases or stages of the projected commercial and
residential development activity.
C. How would a smaller grant affect your ability to move the project forward?
It could significantly delay the project, to a point where new development might begin to
"outpace" the desired master planning process. The owners of the parcels located within the
site have already been approached by a substantial number of realtors, -developers, speculators
and others who wish to acquire property for immediate (and piece-meal, uncoordinated)
development. A-smaller grant would necessitate.a reduced reliance on ".outside_consultants"
.,and::a,greater-.reliance..onCity:staff. -Given- ~urrentstaff workloads, it 'would be difficultfor
City staff members to complete the required work within the desired timeframe.
d. What could not be accomplished in the project but for receipt of an Opportunity Grant?
Without an Opportunity Grant, the City would probably have to do without a professionally
prepared Market Study and a professional prepared Transportation Plan for the project area.
The City's ability to get an adequate level of professional "outside" assistance with regard to
land use, planning and architectural issues would also be adversely affected.
Five (5) Attachments: (8Y, x 11 size strongly preferred)
A. Financial Summary
B. Current land use map
C. Site location map including location of transitways, hubs, bus routes and stops.
D. Concept or site plan
E. Resolution of Support
/59/
Jl
\.'\;\
'---">-
~ V\~ ~
~~ ~~ ."z. \
\: ~ \:~ ~ -z.. ,~
\: ~~!-~ ~ ~ .~ ~
a~ "^ ~ ~~ ~ ~
~~ ~ ~ ~ ~
-z. - '" C'::::-
~
~
JL
III
N
N
Q)
en
....
Q)
N
~
i:
0-
t/) .r;
0 0
0 v
0 III
U. III
III Z
::l ::2:
0 () en-
L{) :J
0
0 0-
<( ~ I- lii
0 ill z
0::: ill z
0::: ::E
>- l- e<)"
I- en
z ....
:r: N
:J w
0 en !::
0 ~ <( ::l
en
w"
::l
Z
W
>
~~ <(
z
a:
w
z
z
W
J:
;:;
9 N
6
~
'.L
w
z
~~ ~
>-
X III
W 0
...J
J 0- W
W a::
~ <(
en () 0-
<( w
G a::
0-
avoC! SON)! .lOlld /.5'9<;?
I r
2020 Thoroughfare Plan
City of Farmington
Map
9.1
~/ 11 I ~ L
I =:J
I ~ I
~- ffiffi I
\
I ~ \
:=J II \ '" ~
I
\ "" \
'- " ~I i 15
n - - ,?
~ \ ~ ~
'"
t z
V \ ::>
I eo
-- I ~ / I ~
C I -
I
~ ru J ~ll I'Ul1.IflE,~"Srw \ en
~ I
I
I ~
i1!"\ I
0 I .
n'->:: ; \ I
~ '. Willi ~~
11~ OJ .
:>l ...J
- TI 0.... ~ - ~~~
1-==
~ \ ...'l" T\~ -
r- 1IilIIiIDJ ~
~ \ w~ L
-- -
~ ---.. 1~ --f--r'- L ~_~ 1- f-0 " mr ~
-- ~ --
r JI I---- =1-,1
~ ~ ilffiliiJ 8 ~ )bkJ-l I
C.SAH.50 ILrI m~ffill = l
j I .--J U U " I
Y' I~ ~ I
/1 I
l <-- A -L l ~II~I
- "/' J
- -
r- m C-
- ~ ) n
~
b~ ~I i~
'\-
- ~ ~m1r
m I :7 ~
Leqend - - ~ ..- - ~.
~ Existing Minor Arterial
m Future Minor Arterial
N Existing Collector
Z" Future Collector
/\I Existing Minor Collector
I \ I Future Minor Collector
Z" Future Roadway
(\/; City Boundary
City Parcel Map
N
W+E
5
(I)
::::, j::/ (2 t-t Gt. ~ r rt--L:. -e. /
c. C/ fi.-/l-1l) c- /L-
Scale
0.5
o
0.5 Miles
,
NOTE: THIS MAP IS FOR PLANNING
PURPOSES ONLY AND SHOULD NOT
BE USED FOR eXACT MEASUREMENTS
Oty 01 F..-mlnlJlan P'lanninv OI"'Mn. aIOO
/599
10-5-17: SSC SPRUCE STREET COMMERCIAL DISTRICT
(A) Purpose: The Spruce Street Commercial District is primarily designated for
commercial retail sales and services. This district is not intended to compete with
the businesses in the Central Business District, rather provide a location for those
businesses that have space needs that are larger than can be accommodated in the
downtown or would be a disruption to existing development patterns.
Development in this district will provide design elements and building and site
relationships that emulate traditional mainstreet form to create a walkable
pedestrian friendly environment with connections to surrounding areas. The
relationship of the Spruce Street Commercial district to C.S.A.H. 50, future
residential development, and the Central Business District will require a greater
sensitivity to design with higher quality standards in order to develop a pleasant,
attractive and aesthetically pleasing environment.
(B) Bulk and Density Standards.
Lot Area 1 acre
Lot Width 100 feet
Front Yard Setback 50% of the building front shall be
within 20 feet of the public right-of-
way or private street edge
Side Yard Setback No requirement
Rear Yard Setback 20 feet
Height (max.) 40 feet
* All standards are minimum requirements unless noted
(C) Uses
1. Permitted
a. Child Day Care Center, commercial
b. Commercial Recreation
c. Health Clubs
d. Restaurants, Class I, Traditional
e. Restaurants, Class III, with liquor service
f. Retail sales and services
2. Conditional
a. Convenience Stores, with gas
b. C}rocery Stores
c. Hotels and Motels
d. Public Utility Buildings
e. Restaurants, Class II, fast food, convenience
f. Theaters
/c, 00
Farmington 2020 Comprehensive Plan Update
8. It is the policy of the City of Farmington to establish a new business park.
Strategies
* Create a business park zoning district that provides fora combination of office
and complementary commercial uses with high quality development standards in
a park..; like or campus setting.
Designate the industrial area south of CSAH 50, (176 acres), to a business park.
Require higher quality architectural and design standards for the business park
~:;;;;pm~;~e. business. park that se~. out .permitted
complementary land uses, reqUIres high amemty sIte desIgn and creates a posItive
and progressive image through higher quality development standards.
that pays attention to architectural style, landscaping, building materials, building
orientation and landscaping. Complementary land uses would include:
1) hotels n ",
2) restaurants
3) high-tech offices
4) sports club
5) start-up businesses
6) open spaces-pedestrian/bike paths.
7) park and/or playfield
*
*
*
*
(
f_.} '-~
~;
20
Land Use Element
/~o/
\....
Farmington 2020 Comprehensive Plan Update
District 4 - IndustriallBusiness Park
This district consists of two major land uses including industrial designations and a new
designation identified as the business park as illustrated on Map 3.6.
The industrial land use within this district consists of existing uses as well as proposed
areas that are currently vacant. All of the industrial land uses reside north of CSAH 50
and extend west of the future CSAH 31. The original designation of industrial uses was
bounded by Akin Road on the east and the future CSAH 31 on the west. Additional
industrial land is proposed along the west side of CSAH 31 to meet the needs of 303
acres of industrial land use needed to the year 2020. The accessibility to CSAH 31 and
50 is a 10 icallocation for this type of land use.
The business park land use is a new designation within the City of Farmington. The
business park will offer a variety of opportunities for start-up businesses, high-tech
offices, high-tech industries, hotels and restaurants within its proposed boundaries. This
area will be developed based upon a master plan that will illustrate how various uses will
work compatibly with each other in this area.
Most likely, the high-tech offices, hotels and restaurants will be located in the southern
portion of the district near the Vermillion River corridor. This area will require increased
architectural and landscape standards and can utilize the Vermillion River corridor as a
natural trail system for recreational opportunities connected to the offices and hotels as
well as the utilization of the scenery for restaurants and hotels. The northern portion of
the business park area could be utilized for commercial spaces as well as high-tech
industrial or start-up businesses.
I t is important to note that this entire area will be crucial for the enhanced appearance and
progressive future for the City. Architectural elements will need to be increased as well
as landscaping standards and a well-planned interior roadway system must be designated.
within the area, all combined to provide a functional and aesthetically pleasing
atrnosphere. The area can also become the cornerstone for attracting major industrial and
business companies to the City.
38
Land Use Element
J
/~OQ?
Farmington 2020 Comprehensive Plan Update
3. 1bis roadway is considered by Farmington as one of the major east/west corridors
through the City and is critical in providing adequate traffic circulation both throughout
the community and interlinking adjacent jurisdictions.
(
The expansion of this roadway from Akin Road on the west to TH 3 on the east is
expected to be developed through a cost sharing program by both Dakota County and
owners of property on either side of 195th Street. Dakota County has stated that they will
provide a cost share of 55% of roadway development costs in this location within the
City limits and will provide a 100% share of roadway development costs within Empire
Township.
Dakota County does not show the CR 64 extension in their 1999 CIP. However, with the
planned annexation of 989 gross acres of the SeedlGenstar land that is directly north of
CR 64 in the year 2001, and the continued development of property along both sides of
the roadway, the need for construction of CR 64 from Akin Road toTH 3 will become
extremely important.
The City of Lakeville Transportation Plan shows CR 64 in its existing location with 195th
Street extending to the east from Cedar Avenue as a high-density minor arterial. 195th
Street continues _.!9.._thewestas.a'minor.coUector and connects with 192ndStreet
terminayng-arCSAH 50. ....-------.. __.
..........~'~..." -.. --_.._~-------.__... ""
-----~
S;;uce Street ------'1--_
Disadvantages to the Spruce Street location on the west side of Denmark Avenue include
the crossing of the Vermillion River and associated wetland areas. A study concerning
the roadway alignment will need to be prepared to insure that wetlands are either avoided
r mitigated in this area. Finally, a bridge will need to be constructed to cross th
Ve 'llion River creating an increased roadway cost for the City.
Spruce Street is shown as an east/west major collector between the extended CSAH 31
roadway and Twelfth Street in the East Farmington development. The street exists as a
collector between Denmark Avenue and Twelfth Street. The 2020 Thoroughfare Plan
shows Spruce Street extending to the west to intersect with the proposed Pilot Knob Road
extension in the future.
208'h Street
The 1990 Thoroughfare Plan showed 208th. Street as an east/west major collector from
Cedar Avenue in Lakeville to TH 3 in Farmington. At this intersection, 20gth Street
would connect with CSAH 66 and run easterly towards TH 52. Advantages to this
roadway include an additional east/west collector through the City, an accessible roadway.
for the Industrial Park and the Independent School District # 192 school locations near
Riverside Estates and finally, the connection of a City-maintained major collector street
to a County-maintained minor arterial at CSAH 66 providing direct access to TH 3 and
52 for goods movement from the Industrial Park. Additionally, a collector roadway
90
Transportation Element
/C:;;03