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HomeMy WebLinkAbout09.16.02 Council Packet City of Fannington 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 September 16, 2002 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS I. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (9/3/02 Regular) b) Acknowledge Resignation - Administration c) Acknowledge Resignation - Community Development d) Adopt Resolution - Tax Forfeiture Pond and Well Sites - Administration e) Adopt Resolution - Accepting Donation Senior Center - Parks and Recreation f) Capital Outlay - Parks and Recreation g) Compensation Study - Administration h) School and Conference - Fire Department i) Approve Bills Approved Acknowledged Acknowledged R79-02 R80-02 Information Received Information Received Information Received Approved 8. PUBLIC HEARINGS a) Adopt Resolution - Akin Road Project Assessment Hearing - Engineering R81-02 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Middle Creek East Final Plat - Community Development b) Adopt Resolution - Middle Creek 5th and 6th Final Plat - Community Development c) Adopt Ordinance - Temporarily Prohibiting Development in the "Opportunity Grant Study Area" - Community Development d) Adopt Resolution - St. Michael's Place Development Contract - Engineering R82-02 R83-02 R84-02 Tabled 10/7/02 R85-02 e) Schedule Workshop - Pavement Management Program - Engineering f) August 2002 Financial Report - Finance (Supplemental) g) School and Conference - Administration h) Adopt Resolution - Middle Creek 7th Addition Final Plat - Community Development (Supplemental) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN October 23, 2002 Information Received Approved R86-02 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 September 16, 2002 7:00 P.M. CITY COUNCIL CHAMBERS I 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS t. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (9/3/02 Regular) b) Acknowledge Resignation - Administration c) Acknowledge Resignation - Community Development d) Adopt Resolution - Tax Forfeiture Pond and Well Sites - Administration e) Adopt Resolution - Accepting Donation Senior Center - Parks and Recreation t) Capital Outlay - Parks and Recreation g) Compensation Study - Administration h) School and Conference - Fire Department i) Approve Bills 8. PUBLIC HEARINGS a) Adopt Resolution - Akin Road Project Assessment Hearing - Engineering 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Middle Creek East Final Plat - Community Development b) Adopt Resolution - Middle Creek 5th and 6th Final Plat - Community Development c) Adopt Ordinance - Temporarily Prohibiting Development in the "Opportunity Grant Study Area" - Community Development d) Adopt Resolution - St. Michael's Place Development Contract - Engineering Action Taken Pages 1399-1401 Page 1402 Page 1403 Pages 1404-1409 Pages 1410-1411 Page 1412 Pages 1413-1419 Page 1420 Page 1421 Pages 1422-1426 Pages 1427-1437 Pages 1438-1447 Pages 1448-1467 Pages 1468-1481 e) Schedule Workshop - Pavement Management Program - Engineering f) August 2002 Financial Report - Finance (Supplemental) g) School and Conference - Administration Page 1482 \ Page 1483 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: Ed Shukle, City Administrator SUBJECT: Supplemental Agenda DATE: September 16, 2002 It is requested that the September 16, 2002 agenda be amended as follows: PETITIONS, REQUESTS, AND COMMUNICATIONS 10 (1) August 2002 Financial Report - Finance Attached are revenues and expenditures as of August 31, 2002 ADD: 10 (h) Adopt Resolution - Middle Creek 7th Addition Final Plat - Community Development n.R. Horton has submitted the Middle Creek th Addition Final Plat Respectfully submitted, /~ COUNCIL MINUTES REGULAR September 3, 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 Andrea Poehler, 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; Cynthia Muller, Executive Assistant Beverly Preece, Tim Laposa 4. APPROVE AGENDA Councilmember Strachan pulled the 8/19/02 Council Minutes to abstain from voting as he was absent from that meeting. MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Kid's Day America - September 21, 2002 Kid's Day America is a day dedicated to the efforts of doctors of chiropractic in helping educate all citizens on the importance of health, safety and environmental issues affecting the community. MOTION by Soderberg, second by Strachan proclaiming September 21,2002 as Kid's Day America. APIF, MOTION CARRIED. b) GFOA 2002 Distinguished Budget Award This award is given to cities recognizing them for a distinguished budget. This is the fifth year the city has received this award. 6. CITIZEN COMMENTS 7. CONSENT AGENDA a) MOTION by Soderberg, second by Cordes approving Council Minutes 8/19/02 Regular. Voting for: Ristow, Cordes, Soderberg. Abstain: Strachan. MOTION CARRIED. /.3'TT Council Minutes (Regular) September 3, 2002 Page 2 MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (8/5/02 Regular) b) Accepted Resignation - Heritage Preservation Commission - Administration c) Accepted Resignation - Housing and Redevelopment Authority - Administration d) Approved Change Order - Facilities Project - Engineering e) Approved Quit Claim Deed - Kimberly Schwartz Property - Engineering t) Acknowledged City Participation in County Auction - Administration g) Received Information Capital Outlay - Parks and Recreation h) Received Information School and Conference - Parks and Recreation i) Adopted RESOLUTION R76-02 Scheduling Assessment Hearing - 2002 Seal Coat Project - Engineering j) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Meadow Creek 2nd Addition Easement Vacation- Community Development In order to process the plat for the Meadow Creek 2nd Addition, an existing trail easement needs to be vacated on the south side ofthe drainage ditch from the westerly property line of Meadow Creek 2nd Addition to the easterly edge of Dylan Drive. The trail easement was acquired in the 1980's as part of the excavation of the drainage ditch. The easement needs to be located on the north side of the drainage ditch to provide trail access to Lake Julia Park. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Strachan adopting RESOLUTION R77-02 vacating the described portion ofthe trail easement in the Meadow Creek 2nd Addition development. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - 2003 Preliminary Levy and Proposed Budget - Finance State statute requires a preliminary tax levy to be certified to the County by September 16,2002. The Tax Levy proposed as part of the budget is $3,945,577 and includes $1,054,500 for debt service and $55,000 for the Fire levy. The State Department of Revenue has notified the City that our Levy Limit for pay 2003 is $4,944,438. The proposed tax levy is $998,861 under the City's statutory levy limit. The budget and preliminary levy include $593,986 in Local Government Aid. In case State Aid is not available, Council was presented with three options to offset the shortfall: 1. Adopting the preliminary levy and budget as proposed, resulting in a levy increase of9.4%. 2. Levying back the entire amount of potential lost LGA resulting in a levy increase of 25.7% and a projected fund balance at 12/31/03 of 40% of 2003 expenditures. / '/00 Council Minutes (Regular) September 3, 2002 Page 3 3. Levying half the amount of lost LGA and letting the Fund Balance absorb the balance of the loss resulting in a levy increase of 17.6% and a projected fund balance at 12/31/03 of35% of 2003 expenditures. MOTION by Soderberg, second by Cordes adopting RESOLUTION R78-02, levying half the amount of lost LGA and letting the Fund Balance absorb the balance of the loss resulting in a levy increase of 17.6% and a projected fund balance at 12/31/03 of35% of2003 expenditures. APIF, MOTION CARRIED. A budget workshop was scheduled for October 23, 2002. b) Joint Council/Planning Commission Workshop - TH3 Access Management Study - Engineering A joint City Counci1/Planning Commission workshop has been scheduled for September 18, 2002. An addition to the agenda will be MnDOT's presentation on the TH3 Access Management Study. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE City Administrator Shukle: The Open House for the Police and Maintenance facilities will be held September 14, 11 :00 a.m. - 3:00 p.m. Mayor and Council were invited to speak during the program. There will be tours and refreshments. Finance Director Roland: The proposed budget presentation will be on the website. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 7:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7~ ~~~ Cynthia Muller Executive Assistant 17'01 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ TO: Mayor, Council Members and City Administrator~ r. FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Acknowledge Resignation - Administration DATE: September 16,2002 INTRODUCTION The City has received notification from Ms. Inga Weierke of her intention to resign from her position as Receptionist in the Department of Administration. DISCUSSION The Human Resources Office has received notification that Ms. Weierke resigned from her current position on September 12, 2002. Ms. Weierke has been employed with the City since June of 2002. The City wishes her well in her future endeavors. ACTION REQUESTED Acknowledge the resignation of Ms. Inga Weierke effective Thursday, September 12,2002. Respectfully submitted, ':!v/~~d~ ./ / Brenda Wendlandt, SPHR Human Resources Manager CC: Personnel File /t/~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7<2.- TO: Mayor, Council Members and City Administrator tt FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Acknowledge Resignation - Community Development Department DATE: September 16,2002 INTRODUCTION The City has received notification from Mr. Michael Schultz of his intention to resign from his position as Associate Planner in the Community Development Department. DISCUSSION The Human Resources Office has received notification that Mr. Schultz will resign from his current position on September 24, 2002. Mr. Schultz began his employment as an Intern in July of 1996 and was promoted to Associate Planner in April of 1998. The City has appreciated his commitment to the organization and wishes him well in his future endeavors. ACTION REQUESTED Acknowledge the resignation of Mr. Mike Schultz effective Tuesday, September 24, 2002. Respectfully submitted, di.{~d~!~ / Brenda Wendlandt, SPHR Human Resources Manager CC: Personnel File IY03 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7J TO: Mayor, Councilmembers, City Administratm ~ ( FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Conveyance of Tax Forfeited Land for Public Use DATE: September 16, 2002 INTRODUCTION The Dakota County Treasurer-Auditor has notified the City of four parcels of land within the City that have been forfeited to the State of Minnesota for non-payment of property taxes. DISCUSSION The attached list of parcels are currently being used as a tot lot, proposed well house site and holding ponds, The City Attorney has reviewed and approved the conveyance of these parcels. ACTION REQUIRED Adopt the attached resolution conveying Tax Forfeited Land. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager 1<101 RESOLUTION NO. R REQUEST CONVEYANCE OF FOUR TAX-FORFEITED PARCELS OF NON-CONSERVATION LAND FOR PUBLIC USE 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 16th clay of September, 2002 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City ofParmington has been notified by Dakota County Treasurer- Auditor Office that the following four parcels within the City have been forfeited to the State of Minnesota for nonpayment of property taxes: 14-77501-160-04 14-50504-010-01 14-77501-020-00 14-77501-010-00; and WHEREAS, Minnesotat Statutues 282.01 provides that the City must either approve the parcels for public auction or request a conveyance to the City for public use; and WHEREAS, the parcels are intended for the following use: 14-77501-160-04 Childrens Recreational Area 14-50504-010-01 Well House Site 14-77501-020-00 Holding Pond for Run-off 14-77501-010-00 Holding Pond for Run-off; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington hereby approves the request for a conveyance of the parcels for public use, This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of September, 2002. Mayor Attested to the day of 2001. City Administrator SEAL ISla> 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ \. FROM: Patti Norman, Recreation Supervisor SUBJECT: Adopt Resolution Accepting Donation - Senior Center DATE: September 16, 2002 INTRODUCTION A donation has been received by Alcoholics Anonymous. DISCUSSION Alcoholics Anonymous has donated $100 to the Farmington Senior Center for programs and activities. Staff will communicate the City's appreciation on behalf of the Council to the Alcoholics Anonymous group for their generous donation. ACTION REQUESTED Adopt the attached resolution accepting the donations of $100 for Center programs and activities, Respectfully Submitted, Patti Norman Recreation Supervisor C.~-...~-? ~ "^\ '- /'1/0 RESOLUTION No. ACCEPTING DONATION OF $100 FOR CENTER PROGRAMS 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 16th day of September, 2002 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Alcoholics Anonymous has donated $100 towards Senior Center programs and activities and WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of$100 from Alcoholics Anonymous to be used for Senior Center programs and activities.. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of September 2002. Mayor Attested to the _ day of September 2002. City Administrator SEAL /~/I 7-P 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~~ ~ FROM: James Bell, Parks and Recreation Director SUBJECT: Capital Outlay - Parks and Recreation Department DATE: September 16, 2002 INTRODUCTION The 2002 Budget authorizes the seal coating of the C.S.A.H 31 trail. DISCUSSION The seal coating of the C.S.A.H 31 trail is included in the five-year trail maintenance plan. The seal coating of the trail will extend the life of the trail. The maintenance of County trails is the City's responsibility as per the County Trail Maintenance Agreement that the City has agreed upon. This trail agreement has been agreed upon by All County cities. BUDGET IMPACT The quote from Chern Seal for the trail seal coating is within the approved capital outlay budget of $14,960. ACTION REOUESTED This is for information only. Respectfully submitted, ~~~ James Bell Parks and Recreation Director I~~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us '5 TO: Mayor, Councilmembers, City AdministratoR \ FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: Compensation Study DATE: September 16, 2002 INTRODUCTION Earlier this year, the City authorized Fox Lawson to conduct a compensation study for the City, Fox Lawson was asked to evaluate our current compensation structure, evaluate market data and internal equity issues and provide the City with a recommendation for a new compensation plan, Fox Lawson is in the final stages of completing that study and has provided the attached Executive Summary for Council. DISCUSSION Fox Lawson LLC began working on the Compensation Study in April of 2002. As part of their process, an Employee Committee and a Steering Committee was established. The Steering Committee was used to provide Fox Lawson with current data regarding our compensation structure, communicate Council and management goals and objectives and to provide input as needed. The Employee Committee assisted in determining the cities Fox Lawson should use for market analysis, provided recommendations regarding compensation structure components, and gave their input regarding the various job evaluation systems. Attached to this memorandum is the Executive Summary provided by Fox Lawson LLC. This summary outlines the process used by Fox Lawson LLC to develop a new job classification and compensation system. It is important to note that the compensation plan developed by Fox Lawson complies with the Local Government Pay Equity Act (M.S. 471-991-999), )Pay Equity looks at internal rather than external equities in pay.) The final recommendation will include salary adjustments and title changes for some City staff, However, any adjustments proposed for employees within the collective bargaining units, would have to be negotiated with the respective units. /,//3 BUDGET IMPACT Implementation of the new compensation structure is currently budgeted in 2002 and in the proposed 2003 budget. ACTION REQUIRED For information only. Respectfully submitted, AA~Pltlc ~~~a Wendlandt, SPHR Human Resources Manager IV;'! CITY OF FARMINGTON. MN Summal}" of Classification and Compensation Project Conducted by Fox Lawson & Associates LLC ZOOZ In April 2002, the City of Farmington contracted with Fox Lawson & Associates LLC to conduct a comprehensive classification and compensation study of all City employee positions. The specific objectives of the study were to: . Define the purpose, goals and objectives for the classification and compensation system and to identify the strategies to achieve the defined purpose, goals and objectives. . Group positions of a like or similar nature together and develop a broad classification structure allowing the City to accommodate changing organizational needs. . Allow employees an opportunity for input in the study through the use of project orientation sessions, in which employees were given an opportunity to ask questions about the study, and through the completion of position description questionnaires. . Develop new job descriptions to describe the essential functions and duties of the proposed classifications set forth in the new classification structure. . Evaluate all proposed classes using a job evaluation method in order to align job classes internally, . Collect and analyze market compensation data from employers with whom the City competes for employees in order to assess the competitiveness of the City's current pay rates and to assist in the development of a new compensation program. . Analyze the cost implications of compensation structure recommendations. . Provide the City with pay administration guidelines used to facilitate the maintenance of the compensation plan in the future. Fox Lawson & Associates began the study in April 2002. The study consisted of six major phases, which will be outlined below with a summary of results. PIlASE ONE: DIJIGNOSIS AND STRATEGY DEVELOPMENT The purpose of phase one was to develop an understanding of the current classification and compensation policies and practices within the City and to develop a framework to serve as a guide for the project. The outcome of phase one was the definition of the purpose, goals and objectives for the classification and compensation system and the identification of the strategies 1 ;<1/.5 to achieve the defined purpose, goals and objectives in order to conduct a study which builds upon the organizational characteristics, needs and philosophies of the City with respect to classification and compensation to assure that results enhance organizational goals and objectives. The results of phase one and how it was accomplished are indicated below: · The Steering Committee was established and meetings were conducted to review the technical approach and work plan and set a tentative schedule, The steering committee was comprised of upper management. · The Employee Committee was established consisting of employee representatives from all three bargaining units, the supervisory group, and the department head group. This group was responsible for being a sounding board on the proposed processes of the project, providing input regarding perceived strengths and weaknesses of the City's current classification and compensation system, and reviewing work. · Although most of phase one was completed early in the project by defining the purpose, goals and objectives for the system as well as the strategies to be followed in order to fulfill the stated goals and objectives, the committees were retained and utilized throughout the study in order to continue to provide input. PHASE TWO: CLJlSSlFICATION STUDY The purpose of phase two was to develop a new classification structure and allocate each position to the appropriate classification within the new structure. Development of the classification structure involved job analysis, which is the process for analyzing information about a position's content and characteristics. The objective of job analysis is to gather and analyze information that is relevant to the nature and level of work being performed. The result of phase two was the development of a new classification structure defining levels of jobs and minimum qualifications for entry into those jobs. Completion of new class descriptions concluded this phase of the study. · The classification study began with the formal analysis of job content in April 2002 with the handout and description of position description questionnaires (PDQ) to employees. We designed the PDQ to gather sufficient job detail to document minimum qualifications, physical requirements, knowledge and skills necessary to perform the work. The City's Human Resource Manager collected all PDQs completed by employees. · Fox Lawson then analyzed each PDQ and prepared a new classification structure. This structure was presented to the Human Resources Manager and the Steering Committee for review and mo~cation. · Upon approval of the classification structure by the Human Resources Department, new specifications for new job descriptions were prepared. Draft job descriptions were prepared by the City and forwarded for review by Fox Lawson. 2 I t/ Ic' PHASE THREE: JOB EVALUATION STUDY The object of phase three was to determine the appropriate internal relationship of each job classification within the City's organizational structure. Job evaluation is the process of judging the relative importance of a job to the organization. The basic premise is that the more important the job is to the organization, the more valuable it is and, thus, the more it should be compensated. The objective of job evaluation is to evaluate all classifications in a manner that is consistent, fair and free of gender and racial bias. The results help to ensure that salaries paid in the future are based on the importance and value of each classification to the organization. In reviewing alternative methods, the Steering Committee selected the Decision Band TM Method (DBM). . The Decision Band TM Method (DBM) is a straightforward and systematic way of looking at the duties and responsibilities of each job class, the supervisory responsibilities of the class and the difficulty and complexity of typical duties. DBM takes into consideration the essential skills and knowledge required, the need for care and precision in performing the work, the consequence of error and other related issues. Because the Decision Band TM Method focuses on the work that is performed, not the attributes of the incumbent or the quality of job performance by the incumbent, it is gender and racially neutral. . One of the major advantages of the Decision Band ™ Method of job evaluation is the ability to determine the level of responsibility/authority exercised by employees in individual job classes. The methodology recognizes six levels of decision making within an organization, from A Band decisions that affect the manner and speed in which an individual task is completed to F Band decisions that affect the overall goals and direction of the organization. . Fox Lawson & Associates LLC evaluated each job classification. Jobs were ranked in comparison to every other classification within the new classification structure. The job evaluation process focused solely on job content, not individual employees within a class. . The results of the job evaluation process were reviewed by the Steering Committee. PHASE FOUR: LJlBOR MARKET ANALYSIS AND SJUJlRY STRUCTURE DEVELOPMENT The purpose of phase four was to develop appropriate compensation levels for all job classifications through the collection and analysis of market salary data. This was completed by collecting and analyzing market compensation data from employers with whom the City competes for employees in order to assess the competitiveness of the City's current pay rates, and to assist in the development of a new compensation program. 3 It/I? . Fox Lawson worked with the Steering and Employee Committees in identifying benchmark classifications to survey, selecting survey participants, and reviewing survey methodology. . Fox Lawson collected, compiled and analyzed market data for each of the 36 benchmark classifications from employers that the City competes with for qualified personnel. The benchmarks selected were I) reflective of a relatively large proportion of employees, 2) representative of all job families throughout the organization, 3) have relatively, well-defined job content and minimum qualifications, and, 4) generally common to other organizations. The labor market corresponds to the recruitment markets for the benchmark classifications. 42 out of 50 organizations responded for a 92% participation rate; Overall, the City's actual base salaries and salary range maximums are competitive with the market. Salary range minimums are above the market. . Fox Lawson compared the City's pay to market pay. Regression analysis was utilized to compare the organization's internal pay to pay in the labor market. Regression analysis produces "lines of best fit" through internal pay and market pay. Regression analysis calculates average pay for each benchmark classification considering pay levels throughout the benchmark group and not just for an individual benchmark job. The pay lines were calculated using 50th percentile (median) actual salary pay levels from the benchmark jobs within the organization and in the labor market. Use of regression analysis to compare the trend of pay within the organization to the trend of pay in the labor market groups is a proven compensation measurement technique. This process smoothes out any variation in internal or market pay levels to discover the average compensation for the benchmark jobs identified. . Fox Lawson integrated the job evaluation results with the labor market survey data and developed a new salary structure. The salary structure also incorporates guidelines established in the initial project phase that determined what kind of structure to develop. While the salary ranges for job classes will change under the new structure, individual compensation levels are based on an employee's current compensation level and where they will fit into the recommended salary range for the classification for their position. The salary range midpoint is linked to the pay line value derived from the labor pay trend comparison, The City's current range spreads average 20% for all levels. Range spreads in the market are about 30% for lower level grades, expanding up to 50% for higher level grades. PBASE FIVE: PERFORMANCE MANAGEMENT The City indicated at the beginning of the project, the desire to move toward a strategy of paying for performance. This is a philosophical shift that will entail cultural and compensation changes. The salary structure that was developed will accommodate pay for performance. The basic premise is that new employees will move up the steps in their salary range to the midpoint based on years of service (assuming acceptable performance). After the midpoint, movement will be based on better than average performance. The City is 4 /t.//<6' currently examining a performance appraisal system for. utilization with this salary structure. PHASE SIX: SUBMIT fiNAL REPORT A final report of the project was prepared. This report includes the steps and processes used to evaluate the City's needs and philosophy and all of the information and data collected in the market study. The report also contains the following recommendations: Implement a new salary structure model that reflects both external parity and the internal relationships established using the Decision Band™ Method (DBM) of job evaluations. Increase the range spreads of the salary ranges to approximate market levels. Implement a performance pay component to the pay system. Provide pay adjustments where appropriate. Follow pay administration guidelines provided. 5 ;'1/'1' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7~ TO: Mayor, Councilmembers and City Administrator €f: L FROM: Ken Kuchera, Fire Chief SUBJECT: School and Conference - Fire Department DATE: September 16, 2002 INTRODUCTION The Fire Department is planning attendance at the Minnesota State Fire Chiefs Conference. DISCUSSION Three firefighters will be attending the Minnesota State Fire Chiefs Conference in St. Cloud. The conference will be held October 17-20, 2002. Topics covered include emergency management, professional development, and chiefs' issues. BUDGET IMPACT Approved in the 2002 Budget. ACTION REQUESTED For information only, Respectfully submitted, ~. ){~j'41t- Ken Kuchera Fire Chief Islo?O ?)a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: C '1 b C' Ad . . r \. Mayor, ounCl mem ers, Ity mllllstrator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Akin Road Project Assessment Hearing DATE: September 16, 2002 INTRODUCTION The City Council scheduled the Akin Road Project assessment hearing at the August 5th City Council meeting. DISCUSSION The Akin Road Project has been completed. The project consists of a bituminous overlay, trail and various utility improvements. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted at the public hearing pursuant to M.S. 429. BUDGET IMPACT The total project cost is $1,524,600.00. The project budget at contract award was $1,588,600. In accordance with the City's assessment policy, 65% of the eligible project costs are proposed to be paid for by the City and 35% of the project costs would be assessed to the benefited properties. The direct costs assessed to the developers, City trunk costs and Dakota County's share are not included in the calculation for the residential equivalent unit (REV) cost. The City's share of the costs will be funded through the various funding mechanisms as outlined in the previous communications to Council. A cost allocation table follows: Project Cost Allocations Total Project Cost Developer/City Dakota City's 65% Assessed Cost per REU Trunk County 35% (1274 units) $1,524,600 $237,627 $267,000 $662,982.45 $356,990.55 $280.21 /Y07~ ACTION REQUESTED Adopt the attached resolution accepting the assessment roll for the Akin Road Project. Respectfully Submitted, ~Y11~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file /</~3 RESOLUTION NO. R -02 ADOPTING ASSESSMENT ROLL FOR PROJECT 00-05 AKIN ROAD IMPROVEMENTS Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of September, 16th 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Proiect No. 00-05 Akin Road Improvements Description Location Street, Trail & Utility Improvements CSAH 50 to 190th Street NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2003 and shall bear interest at the rate of 6.5% per annum from the date of the adoption of this assessment resolution until December 31, 2002. To each subsequent installation when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid in the same manner as the other municipal taxes. /Yd?V This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of September, 2002. Mayor Attested to the day of September, 2002. City Administrator SEAL /YO?t? @m~ ~~~ ~\W 1/ \ ~~ [1l~ - ITTmn\ \' '771 ? I I I I ~ ::n-L 7":: X1'"" U rr TI ~ l:::l R' "U ~ \\ 0 I "~7~ II ~ "'I' L ,---J ~ I() ~.~ - 1\ > ~ ~\\ \:~ li (I ~ - -V ""- J..W :3T\pp ! I - ~. .\A 1 ~~ -I - ...L / \~ .~ I B~l I # I I ~); ;: ~ I ~~ I ~ I - I \ 0 , ,,,,h<' =t I ~ If I o (f 12J?;;; I I I I g 1~t3ir ;>'N~ I '1111 III L D~ I ~~ Or,fY!l, i/Tfi ~ 1_____ - ooonl . LJ ~ I II I I II onD T , I ~ I r: j I ~ I I I 1:- I ,J ./ L-- I, I - ~ ) Vj.c'lllli ~-7 -~ - ~.~ - I-~ - - 1---1 - ----," - ----T I , ~ 1 ~IIIII ----l "\ lV= ~ I /f"gW1 _ j: b 3 f-- / ~~ IID~ ~ sr= ----1:l L --. E::d rn OIIIJ ITIIIJ Em L G, S, A, H, 5 0 L .J "~{ H IlIIIII EIIlJ = I!IllllIIIIIJ n1 ITJIIIllJ If ITIIE DIIIJ mID rnrro rrrnJ DIIIIE~~mBIIJgrnn~rnrm ~ ITIIIIIJ om ITIIIJ BIB ITIID == j~ ~ JI E trj 241 ~ m ~ ~ ffiHJ -l1::::L ~~ 1 [[I[[0 JJ{j ~ D ITD CIlIIHI]IIIJ ITIID =iU~I ,,' "'~r-- ~ 7liliS1r It:::J f-J /\/ City Boundary [:3 =g N 1 ~D E c:J Akin Road Project Assessment Area W+E ~ I" · CSAH 31 Project Assessment Area mli~~~ hT1 D City Parcel Map s R -t J v Llill j II I It:J ;.-1ffiE:l ~m Akin Road Project Project Assessment Area J </:;C; /Ch- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Mayor, Council Members, \bfv City Administrator f 1 Lee Smick, AICP Planning Coordinator TO: FROM: SUBJECT: Adopt Resolution - Middle Creek East Final Plat DATE: September 16, 2002 INTRODUCTION D. R. Horton and Arcon Development, Inc. 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. DISCUSSION The Planning Commission reviewed and recommended approval of the final plat on September 9, 2002. The Developer proposes to plat 72 townhome lots west of Eastview Avenue and north of 206th Street. The Preliminary Plat was approved on July 15,2002. A total of 14 outlots are proposed on the final plat. The following are descriptions of the outlots: Multi-Family Residential Outlot A OutlotB OutlotC Outlot D Outlot E OutlotF Outlot G Outlot H Outlot I Outlot J Outlot K. L. M Outlot N Housing Characteristics 72 Lots 10.35 acres 10.69 acres 2.06 acres 6.56 acres 0.99 acres 10.28 acres 1.38 acres 7.11 acres 3.74 acres 4.1 acres 2.43 acres Wetland Future Development Right-of-Way Future Development Future Development Wetland Pond Wetland Future Development Future Development Remnant Property Future Development The developer proposes 2, 3, and 4 unit buildings that are single level with a basement. The plat shows 72 units and they are proposed to start at $180,000. /'-107/ Transportation Analysis The final plat shows two accesses from the project with a third access to the south in the future. The first access is 203rd Street to the east and west. 203rd Street to the west will intersect with Pilot Knob Road and Akin Road to the east providing an east/west corridor meeting the requirements of the 2020 Thoroughfare Plan. 203rd Street is considered a minor collector street and is proposed with a 70-foot right-of-way width with a 38- foot roadway measured from the front of curb to the front of curb. 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 of the McCarthy house. The grading for this portion of the site will likely occur next year and be separate from the main grading of the site to the west. As a result of the new layout, the retaining wall next to the McCarthy's home is not required. The grade of 203rd Street was lowered slightly and some longer vertical curves are proposed. The street will be constructed to meet City standards. Contingent to the approval of the final plat, a mutually agreed upon settlement needs to be reached concerning the McCarthy house/easement. The City has been informed that the resolution is nearing completion. The second access is 206th Street that connects with Pilot Knob Road to the west. This access is considered a local street and is proposed with a 60-foot right-of-way width with a 28-foot roadway measured from the front of curb to the front of curb. City standards require that a sidewalk be located on one side of this local street. A sidewalk is shown on the south side of 206th Street. Eastview Avenue connects with 203rd Street on the north and is proposed to connect in the future with 208th Street on the south. The roadway is considered a minor collector and is proposed with a 70-foot right-of-way and 38-foot roadway measured from the front of curb to the front of curb. The connection to the south will eventually allow access through the Farmington Industrial Park to CSAH 50. Roadways associated with the multi-family areas will be private streets shown at 22 feet front to front and will be maintained by a homeowners association. Parking will not be allowed on private streets. Engineering Requirements The Engineering Division recommends the approval of the preliminary plat contingent upon any minor . . . engmeenng Issues. ACTION REQUESTED Recommend approval of the Middle Creek East Final Plat contingent upon the following: 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. / Y07<ir 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. Respectfully submitted, /J Lee Smick, AICP Planning Coordinator cc: D R Horton, Don Patton Arcon Development, Larry Frank 1<1.;<9 RESOLUTION NO. APPROVING AND AUTHORIZING SIGNING OF FINAL PLAT 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 of said City on the 16th day of September, 2002 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of Middle Creek East; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 14th day of May, 2002, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS; the City Council approved the preliminary plat on July 15, 2002 and reviewed the final plat on September 16, 2002; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with 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. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 6th day of September, 2002. Mayor Attested to the _ day of September, 2002. City Administrator /$130 I- CJ) <( w I ~U wti w~ 0::::<( Ow 0::: w<( -1 o o ~ 0( ~i 13 III ~ 13 ; ~ u . ~g! 5<(" -o:r:;ltn ~~~~ ~~g~~ ~~;i~ ~~~~;i ~:~~; -95ii~ ~;U~~ ~l?2l?g ... ... I- ~ 13 ... 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'.' oa:J!\OU \n04\!M Uo!s!^aJ 0\ par qns A~VNIr>l113~d :310N .. /l/ 3 '7 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOb TO: 11'1)(/ Mayor, Council Members, vr City Administrator r \ Lee Smick, AICP Planning Coordinator FROM: SUBJECT: Adopt Resolution - Middle Creek 5th and 6th Addition Final Plats DATE: September 16, 2002 INTRODUCTION D. R. Horton and Arcon Development, Inc. proposes to plat 33 single-family lots on 20 acres in the Middle Creek 5th Addition Final Plat and 10 single-family lots on 4.2 acres in the Middle Creek 6th Addition. Both plats are located in the central portion of the Middle Creek development south of the DNR Protect wetland and 203rd Street. DISCUSSION The Planning Commission reviewed the final plats on September 9,2002 and recommended approval of both plats. Middle Creek 5th Addition The lots in the Middle Creek 5th Addition range from 9,843 square feet to 32,941 square feet. The property was platted as a PUD, therefore, lots platted below 10,000 square feet are allowed. The Developer proposes a variety of housing styles including walk-outs, look-outs, and ramblers. A prominent slope exists along the southwest and southern portion of the plat. The Developer stated at the Planning Commission meeting on June 12,2001 that he proposes to save as many trees in this area as possible. One outlot exists on the proposed plat. 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. Wetland Buffer signs will be placed at the 25-foot easement line and no structure may be located within 35 feet of the rear property line. Middle Creek 6th Addition The lots in the Middle Creek 6th Addition range from 12,106 square feet to 22,067 square feet. The Developer proposes a variety of housing styles including walk-outs, look-outs, and ramblers. A 100-foot wide gas pipeline easement runs on the west side of the plat. No structures are allowed within this area. /</..3~ Transportation In the Middle Creek 5th Addition development, the Developer proposes access to the west on 203rd Street, which is classified as a minor collector street with a width of 38 feet face to face within a 70-foot right-of-way. The cul-de-sac is classified as a local street with a width of28 feet face to face within a 60-foot right-of-way. In the Middle Creek 6th Addition, the Developer proposes access to the west from Enright Court to Enright Way. The cul-de-sac is classified as a local street with a width of 28 feet face to face within a 60-foot right-of- way. Since both cul-de-sacs are proposed at 28 feet in width, City policy requires a sidewalk on one side of the street and parking on the other side of the street. Currently, the plat information does not show a sidewalk on either cul-de-sac and should therefore be a contingency in the approval of the final plat. The Developer agreed to these conditions at the September 9, 2002 Planning Commission meeting. Additionally, the Developer agreed to include a sidewalk connection to Enright Way in the Middle Creek 1 st and 6th Additions. Engineering Review The Engineering Division has reviewed the plats. Comments concerning the grading and construction plans have been submitted to the Developer. The review comments are minor and are not detrimental to the approval of the plat. ACTION REQUESTED Recommend approval of the Middle Creek 5th and 6th Addition Final Plat contingent upon the following: 1. A sidewalk is required on one side of the 28-foot wide cul-de-sac road to meet City standards. 2. 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. 3. 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. Resp~mi Lee Smick, AICP Planning Coordinator cc: Larry Frank, Arcon Development, Inc. Don Patton, D R Horton /~37' RESOLUTION NO. APPROVING AND AUTHORIZING SIGNING OF FINAL PLAT MIDDLE CREEK 5TH 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 of said City on the 16th day of September, 2002 at 7 :00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of Middle Creek East; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 21 st day of August, 2000 and the 18th day of June, 2001, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS; the City Council reviewed the final plat on September 16,2002; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. A sidewalk is required on one side of the 28-foot wide cul-de-sac road to meet City standards. 2. 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. 3. 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. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of September, 2002. Mayor Attested to the _ day of September, 2002. City Administrator /$1$10 RESOLUTION NO. APPROVING AND AUTHORIZING SIGNING OF FINAL PLAT MIDDLE CREEK 6TH 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 of said City on the 16th day of September, 2002 at 7 :00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of Middle Creek East; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 21 st day of August, 2000, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS; the City Council reviewed the final plat on September 16, 2002; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. A sidewalk is required on one side ofthe 28-foot wide cul-de-sac road to meet City standards and the Developer will connect the sidewalk to Enright Way in the Middle Creek 1st Addition. 2. 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. 3. 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. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16thday of September, 2002. Mayor Attested to the _ day of September, 2002. 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Do a ... ..* /<1'17 )O~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farminuon.mn.us TO: Mayor, Council Members, City Administrator ~ e7 FROM: Kevin Carroll, Community Development Director SUBJECT: Consider Ordinance Temporarily Prohibiting Development in the "Opportunity Grant Study Area" DATE: September 16, 2002 INTRODUCTION The Council should consider whether development activity should be temporarily prohibited within a designated area of the City until a Master Plan for that area can be completed and approved by the City Council. 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 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. Ic/</6 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 may 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 most 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 defined 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 approved bv the City 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. The concept of a moratorium was discussed with the members of the City's Housing and Redevelopment Authority [HRA] on August Ith, and with the members of the Planning Commission on August 13th. Th~ 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 I'IY9 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 of the Master Planning process. The Spruce Street topic, in particular, is critically important. 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 members who attended that meeting 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 7th. 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 timefrarne. 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. Respftc~; Sub tted, /I ~I .. , .// ~ " I / I " /1 /~ vin Carroll ' Community Development Director /Y5o 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. Defmitions. 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 Fannington. 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 Backe:round. . The City's 2020 Comprehensive Guide Plan Update, which was adopted by the City /tf.s' / 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 and 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 ofFarrnington. 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 /f15'~ 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 /$1'53 City of Farmington Proposed Study Area !'~~I,.~I~ --I '_0-0 '-rT~u.n--- -J, --- .. '"-1iT''' !i[ ., - -i '.... I:' : "-irr:~::!:<,~\===J-+ , ; "--'-ltt-"~,.~7-'-''''==. .,;',d....-..-.------1 "i ill i '. i "\.! , , , ' , : - ' I I . _ 1____ JiirCLFF3 i ____J;;,.___,., I " I ~._-----.. I _J~_...~_.. 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J,,_~" '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 project 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 (CSAR 31). Project Size (acres) Approximately 450 acres Contact Person - NAME ADDRESS Kevin Carroll, Community Development Director PHONE FAX - E.:.M:ML 325 OAK STREET FARMINGTON MN 55124 651-463-1860 651-463-2590 KCA:RR0Lb@CI';EARMINGTON.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. /y'5C ~. 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 commercial/retail 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 increa~ing 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 u-southern-boundary ofthe site (adjacentto existing single-family homes and areas that will . -:remain.;cin;long-term-a-griculturaluse). 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 40 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 It/57 J' ~ 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 walkinglbiking 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 outcomes 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 commercial/residential area with the new business/office park area and its adjacent housing, and devising an internal road system for the 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 natural open 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. 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 ofthis project? Describe any cIrcumstances relatin to time constraints or res:sures on_this to 'ect ~~4.~{~~~~j}'~1~1~~1~~it~~ ;~f~tl~~t~~~~~~ ?~ll:a:~p;at~~~1 ~\~'i;iirI~t~~~~'i{~~'& Determine preliminary scope and required tasks for August 2002 September City staff rnaster planning rocess 2002 Scbedule and conduct meetings with interested parties & October 2002 December stakeholders to refine and finalize sco e, goals and tasks 2002 Conduct and complete Market Analysis January 2003 March 2003 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 August 2003 September 2003 City staff, plan- nin consultant(s) Consultant(s) and City staff Consultant(s) and City staff City staff and consultant(s) City staff and consul tant( s ) City staff /</sY ~ 2. PROCESS AND PARTNERSHIPS (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], Plarining Associate [AICP] and support staff). The City EngineerfPublic Works Director would also be actively involved, along with members of the Engineering Division, with regard to issues such as sewer and w.ater 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 Rousing and Redevelopment Commission, the Park & Rec Committee, and the Water Board. . Public Involvement: There are four ownership groups (individuals; families, etc.) that control all of the 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 Rotary,Club, fraternal organizations, Dakota Valley Arts Council, Independent School Dist~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. 1'-15'1 ", ~ 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 Johnson [Presently Undetermined] [Presently Undetermined] \ 'ii:~"'Uc~~:\;~~ , ,~:',:~~iili~j1i~~:'t::~4 ~~~~~};r~~;f~~~~~frN1~~" City of Farmington Community Project Coordinator Development Director City of Farmington Planning Coordinator 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 Consultant( s) Recognized and Experienced PlannirrglLand .Use/i\rchitectural Consultant(s) 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.Jela~l?~ infrastructure issues '. Analysis of park, trail, conservation easement, and recreational issues Analysis of transportation issues, including extension of CSAH 31, improvement of 220th 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 "walkabk" 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 bortlers 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. /~("O .' \1 3. FUNDING REQUEST (begin new page) Elil!ible Uses of Funds:Preparation of master plans or detailed redevelopment plans; market studies to assist in determining retail/officelhousing mix and cost; conducting design workshops and developing design standards; zoning aJ}d land use implementation tools, such as overlay zones, special zoning districts. Inelil!ible 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 Amount Requested: $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-greaterreliance onCity:staff. -Given- current staff workloads, it-would be difficult for 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: (8Yz 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 / '1~/ Jl ~ . -";lr-- ~ V\~ ~ ~\- ~ ~ \(,~ ---;--...~ . 'z. \ \- \: \: ~ ~ --z:.. ,~ \: ~-\ t-~ ~ ~ ,~ ~ a~V\~ ~~ ~ <... ~~ \. ~~ ~ ~ '4 - '":::.- C'::- ~ C> JL III II N N <Xl m " <Xl N- .... ~ :c tI) 0- 0 .n 0 0 0 '<I" III u.. III CO Z ::> ~ 0 0 ui LO ::::i 0 0 ~ 0- c::( tu L5 0 z ~ W z >- 0:: ~ l- I- ..; Z en .... ::> :r: N W 0 ~ en !::: () c::( ::> en u.i ::> z w ~~ ~ z a: w z z w :c I- .... Z 0 9 w .... ~ N I- c5 ~-I- ~ ~I-- O-WZ ~ ~~::> w z ~ 2~ ~ >- m ..J 0 J ~ 0- W W IX: en ~ ~ en 0 0- <3 w ~ 0- a'v'o~ SON)! .LOlld I r / sl6:S? :\ ~\~-~~,:~ ~-~.?;.~ :>}~ .... .,1.- 2020 Thoroughfare Plan City of Farmington Map 9.1 .,/ I (I :J:j L ~ I ~ ~- \ffil3 I \ I \ \ P II \ '" ~ I \ "- \ '- ~~ u co "'- - ~ ~ ~ \ , '" I z / \ II ::J I go """- I ! / I '\ ~ I ~I - I II II ~ 'LJ ~ll FUTURf:,a"SlW \ I r h I i!'\ I "'- I 0 I n ~ \ I U ~~ ". ~JICJ CD .aL-J - ~ O....~ - .1 ~ \ '- n 1'1~ l/lIII'" - ,-- , 1Q\lffiB I ~ H " I LJ ~ J I I ~ -- &1!ffi1llll]~ L 7!) J ~ ...... ,---- ~L mr: ~ - -- I--. -(I I , ~ ~~ffiirli~1Iffi JLk jf-J I C,S.A.H,50 111 T - l .J I '-' u .u I I I /1 ~ ~ v : I '- A ..(. I--- 'i' '- mli~1 - - ~ ~ m e- n h--r-, ~ (I) I U If:: :rk~ il- l--- hmlr 1m r :::l ~ Ih Legend ~~-, .-7 ".- ~~ ~ Existing Minor Arterial ~ Future Minor Arterial N Existing Collector Z., Future Collector /\I Existing Minor Collector / , / Future Minor Collector Z., Future Roadway ("J; City Boundary City Parcel Map N W*E S (I) _':> I::;; fl t'l c.t ;:: (/1-L -z:= I C {;/~ Dc-A- Scale 0.5 , o 0.5 Miles , NOTE; THIS MAP IS FOR PLANNING PURPOSES ONLY AND SHOUl.D NOT BE USED FOR EXACT MEASUREMENTS CIty of F.rmlngton Planning ONaion, I5lOO /tI'~ ,/' I 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. {}rocery Stores c. Hotels and Motels d. Public Utility Buildings e, Restaurants, Class II, fast food, convenience f, Theaters /V~f 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 for' a combination of office and complementary cornrnercialuses with high quality development standards in a park-like or campus setting. * Designate the industrial area south ofCSAH 50, (176 acres), to a business park. * Require higher quality architectural and design standards for the business park developments~___-.. ...... "'_, .... .... .....-) . . * Develop ~.. mas!~~.J)l;;ut._--fer- the business park that sets out.. permitted complementary rand uses, requires high amenity 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 2) restaurants 3) high-tech offices 4) sports club 5) start-up businesses 6) open spaces-pedestrian!bike paths. 7) park and/or playfield 20 Land Use Element /VUJ 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. It 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 atmosphere. The area can also become the cornerstone for attracting major industrial and business companies to the City. 38 Land Use Element J /elt. t, Farmington 2020 Comprehensive Plan Update 3. This 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 Seed/Genstar 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 A venue as a high-density minor arterial. 195th Street continues.!QJhewest as 'a-minor, collector and connects with 192ndStreet te~~!jng'atCSAH 50. //spruce Street 20gh Street 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. 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 illion River creating an increased roadway cost for the City. 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, 208th 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 /<!f; ? 1001 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 Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - St. Michael's Place Development Contract DATE: September 16, 2002 INTRODUCTION The Development Contract for St. Michael's Place is forwarded herewith for Council's consideration. DISCUSSION The final plat for St. Michael's Place was approved by the Planning Commission on August 13, 2002 and by the City Council on August 19,2002. 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. /'Ic;,~ ACTION REQUESTED Adopt the attached resolution 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. Respectfull y Submitted, 'CL- 711 ~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file /t(C:,9 RESOLUTION NO, R_-02 APPROVING DEVELOPMENT CONTRACT ST. MICHAEL'S PLACE 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 16th day of September, 2002 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R73-02, the City Council approved the Preliminary and Final Plat of St. Michael's Place subject to the following conditions. 1. Submission of a Landscape Plan indicating 2 additional trees within the boulevard. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. 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 16th day of September, 2002. Mayor Attested to this _ day of ,2002. SEAL City Administrator /t/70 DEVELOPMENT CONTRACT AGREEMENT dated this 16th day of September, 2002, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Farmington Development Corporation, a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for St. Michael's Place (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 Ri2ht 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 /</7/ 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, 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!lDevelopment 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. 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. SmveymgandStakmg 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 improvements by September 30, 2003, 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 lymg within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 2 /</7~ 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. 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. 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 $ 84 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapine:. 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 of tiers 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 3 /Y73 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 Develooment. 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 Aooroval. 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 fmal 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 $ 13,029 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 to 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 of$ 3,033 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. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 6,420 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, Sanitarv Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of $ 2,346 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 4 1</7t{ 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 $ 7,025 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 $ 720 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$ 420 based upon the number oflots 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 Uo. 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 $ 190,166. 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 $N/A $ 24,634 $ 51,008 $ 15,408 $ 70,857 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 3,000 $ 5,250 $ 5,469 $ 5,046 $N/A Two Years Principal and Interest on Assessments $ 9,494 5 /'-175 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. 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. Existin2 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. 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. 6 ;</7(, 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, 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 certificates of occupancy 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 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. 7 /<{77 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. 33. 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: Farmington Development Corporation 22098 Canton Court Farmington, MN 55024 651-463-4825 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: Ed Shukle, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 8 /t/?<6 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Edward Shukle, City Administrator DEVELOPER: Farmington Development Corporation By: Its: Collin Garvey President Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651)463-7111 9 1f/79 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 Farmington Development Collin Garvey President Corporation, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 10 I'I~ EXHIBIT "A" St. Michael's Place Legal Description: Lots 1 through 6, Block 12, Town of Farmington, Dakota County, Minnesota, according to the recorded plat thereof. 11 11./<61 IOe City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: M C '1 b C' Ad . . ~ \. ayor, ounCI mem ers, lty mllllstrator FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: Schedule Workshop - Pavement Management Program DATE: September 16, 2002 INTRODUCTION/DISCUSSION City staff has been implementing the City's pavement management plan. Scheduling a workshop would allow staff to update the Council on the initial findings of the study and receive input and direction from the Council regarding the creation of future Capital Improvement Programs. BUDGET IMPACT None. ACTION REQUESTED Consider scheduling a workshop in October to discuss the initial findings of the City's pavement management study. Respectfully Submitted, ~~~ Lee M, Mann, P .E., Director of Public Works/City Engineer cc: file I#~ /or CITY OF FARMINGTON SUMMARY OF REVENUES AS OF AUGUST 31, 2002 66.67 % Year Complete $ $ % $ % GENERAL FUND Property Taxes 2,600,079 - 1,188,515 45.71 910,717 50.75 Licenses/Permits 809,175 126,626 936,678 115.76 646,225 68.37 Fines 75,000 5,698 41 ,449 55.27 54,526 72.70 Intergovernment Revenue 784,517 6,106 403,562 51.44 603,379 53.33 Charges for Service 272,500 103,889 234,970 86.23 52,094 21.43 Miscellaneous 330,500 25,001 200,928 60.80 158,099 68.59 Transfers 344,500 28,709 229,667 66.67 250,000 65.88 Total General Fund 5,216,271 296,029 3,235,769 62.03 2,473,665 51.54 SPECIAL REVENUE HRA Operating Fund 17 ,000 1,000 10,240 60.24 3,233 2.01 Police Forfeitures Fund 9,050 - 3,755 41.49 0.00 Recreation Operating Fund 213,350 8,498 72,380 33.93 132,104 41.44 Park Improvement Fund 117,000 20,232 122,047 104.31 84,961 48,00 ENTERPRISE FUNDS Ice Arena 229,900 9,443 123,296 53.63 99,659 46.37 Liquor Operations 2,810,500 241 ,046 1 ,582,797 56.32 1 ,553,650 65.93 Sewer 1,224,675 7,500 802,640 65.54 1,024,709 91.31 Solid Waste 1,216,600 16,079 644,609 52.98 589,521 51.49 Storm Water 320,300 46,632 482,654 150.69 456,305 149.61 Water 1,572,000 67,636 940,110 59.80 766,629 53.99 Total Revenues 9,806,796 426,417 8,020,297 81.78 7,184,436 76.78 CITY OF FARMINGTON SUMMARY OF EXPENDITURES AS OF AUGUST 31,2002 66.67 % Year Comolete 1IIIIilliii:l:i:i::::::::i:~IIII:i::::~::I:::~~:~:::::iii:i:iiiiii:il:I:lllli::::I:iii:I:II:::::::::::~:::::: ......................... ~//~}Dl///: ......................... PIRllHl ~:::::iiliil:I"lill:~:I::::: ,"RQ_ :::::;:;:;:;:;:;:;:::;:::::::::::::::::::::::::::: ......................... ......................... .................................................. .................................................. ......................... ......................... ......................... ......................... ......................... ......................... /]mQQEt'~/ . CURRENt ........YTQ........ mrr_:i:im r::r:.,:i:im . . . ........ ..."... . ... .. ;:;:;:;:;:;:;:;:: :... ::::::::::::::: . . . :', ".. .... .::' .;.;.;.;.;.;.;.;.::.;: ,,;.;.:.:.:.:.:.; GENERAL FUND $ $ $ % $ % Legislative 90,439 5,908 40,600 44.89 38,173 46.24 Administration 325,077 25,444 223,272 68.68 209,556 73.13 Personnel 129,725 9,091 71,326 54.98 77,519 59.51 MIS 55,833 4,481 34,486 61.77 36,813 85.67 Elections 22,657 133 2,879 12.71 3,523 52.00 Communications 67,877 4,054 36,4 73 53.73 40,075 69.49 Finance 364,160 27,531 258,607 71.01 227,520 66.59 Planning/Zoning 139,785 12,557 102,145 73.07 87,201 67.30 Building Inspection 262,781 69,072 212,910 81.02 149,177 66.23 Community Development 86,474 6,178 51,182 59.19 54,300 61.06 Police Administration 371,591 34,409 243,682 65.58 193,386 62.22 Patrol Services 960,870 71,710 622,027 64.74 569,684 58.04 Investigation Services 150,728 13,582 65,609 43.53 51,707 63.55 School Liason OffiCI 67,059 5,749 50,198 74.86 38,752 63.32 Emergency Management 1 ,400 33 118 8.43 13,980 122.63 Fire 333,888 40,464 176,335 52.81 136,485 44.37 Rescue 37,547 153 14,884 39.64 22,636 54.88 Engineering 233,788 32,793 184,556 78.94 153,097 63.93 G.I.S. 10,423 21 640 6.14 3,368 24.90 Streets 367,823 30,718 246,801 67.10 204,321 64.22 Snow Removal 84,994 189 37,717 44.38 60,661 68.96 Signal Maint 85,600 11 ,866 56,953 66.53 46,656 54.12 Fleet Maint 118,031 11,621 83,105 70.41 49,181 67.49 Park Maint 197,792 32,600 204,951 103.62 217,088 92.16 Forestry 102,904 4,664 22,033 21.41 13,461 20.13 Building Maint 105,517 11,872 68,656 65.07 65,795 63.54 Recreation Programs 285,633 20,165 168,033 58.83 84,590 55.99 Outdoor Ice 25,875 130 6,732 26.02 9,603 48.23 Transfers Out 130,000 - 0 0.00 21,948 19.83 Total General Fund 5,216,271 487,188 3,286,910 63.01 2,880,256 61.37 SPECIAL REVENUE HRA Operating 46,852 4,260 34,128 72.84 33,997 46.50 Police Forfeitures Fund 9,813 825 8,063 82.17 0.00 Senior Center 110,543 9,447 68,265 61.75 63,889 Swimming Pool 132,846 25,951 108,802 81.90 89,993 36.45 Park Improvement Fund 70,000 25,558 84,085 120.12 38,392 54.85 ENTERPRISE FUNDS Ice Arena 269,081 22,117 155,610 57.83 143,815 68.28 Liquor Operations 2,620,197 218,378 1,557,450 59.44 1,469,781 65.27 Sewer 898,610 62,410 683,457 76.06 596,961 60.52 Solid Waste 1,231,370 182,209 847,058 68.79 792,144 66.27 Storm Water 175,030 17 ,340 121,809 69.59 116,285 81.80 Water Utility 470,539 25,227 441,646 93.86 492,150 103.09 Total Exoenditures 10,955,766 1,053,298 7,397,283 67.52 6,537,489 64.06 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 103 TO: Mayor and City Council FROM: Ed Shukle City Administrator SUBJECT: School and Conference DATE: August 5, 2002 INTRODUCTION ' As a member ofthe International City County Management Association (lCMA), I have attended the organization's annual conference. The conference is an excellent opportunity to obtain continued training and development within the profession of local government management. As Co-Chair of the ICMA 2005 Host Committee for the ICMA Conference to be held in Minneapolis in 2005, I will also be attending meetings regarding this matter. DISCUSSION In addition to professional presentations on leadership and management, the conference provides participants to network with other local government managers and administrators from around the country and world. The conference offers a refreshing new look at what we do and how we can improve our organizations in being more productive and efficient. BUDGET IMPACT The 2002 Budget provides training and development monies for the conference. ACTION REQUESTED Approve attendance at the annual ICMA conference to be held in Philadelphia, Pennsylvania September 28-0ctober 2,2002 for the City Administrator. ~lY snbmitted, Ed Shu e City Administrator /~~3 lOA City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, ~e.- City Administrator { ( FROM: Michael Schultz, Associate Planner SUBJECT: Middle Creek 7th Addition Final Plat DATE: September 16, 2002 INTRODUCTION The applicant, DR Horton, Inc., has submitted the Middle Creek 7'h Addition Final Plat. The plat consists of 82 townhouse units on 8.73 acres of property. The proposed plat is part of the overall Middle Creek Planned Unit Development. DISCUSSION The proposed Middle Creek 7th Addition is located to the east of the existing townhouse development along 206th Street W. The proposed plat would be the last phase of the back-to-back style townhouse units within the Middle Creek development. The remaining townhome portion of the development (located to the east of the gas line easement and proposed as Middle Creek East plat) will consist of four- unit townhouse buildings that are considered by the builder to be higher end in price. The Middle Creek preliminary plat was approved by the Planning Commission on August 8, 2000 and by the City Council on August 21, 2000 that consisted of a majority of the single-family and townhouse development located to the west of the gas line easement. The Planning Commission forwarded a recommendation of approval to the City Council at its September 9,2002 meeting with the one contingency of receiving approval from Northern Natural Gas concerning driveway encroachments and storm sewer crossings. City staff received a faxed copy of the approval letter (forwarded from Pioneer Engineering) on Thursday from Leland Mann, Right of Way Agent for Northern Natural Gas. Engineering Division has reviewed the fmal plat and has forwarded the following comments, see attached. ACTION REQUESTED Recommend approval of the Middle creek 7th Addition Final Plat contingent upon the following: 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. Cc: Don Patton, DR Horton Colin Roetman, DR Horton RESOLUTION NO. APPROVING AND AUTHORIZING SIGNING OF FINAL PLAT 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 of said City on the 16th day of September, 2002 at 7 :00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of Middle Creek 7th Addition; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 21 sl day of August, 2000, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS; the City Council reviewed the final plat on September 16,2002; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with 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. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16thday of September, 2002. Mayor Attested to the _ day of September, 2002. City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminsrton.mn.us TO: Lee Smick, Planning Coordinator FROM: Matt Stordahl, Engineering Division SUBJECT: Middle Creek 7th Addition Final Plat Review DATE: September 6, 2002 Engineering staff has reviewed the final plat for the above referenced project and forwards the following comment: Plat Issues 1. The plans show areas where street improvements encroach onto the Northern Natural Gas easement. The City will need to receive documentation from the gas company stating that the improvements shown on their easements are acceptable. If you have any questions regarding this comment, please feel free to contact me. Sincerely, ~~~:;e~J:.? Matt Stordahl cc: file Lee M. Mann, Director of Public Works/City Engineer September 12,2002 1650 W 82nd Street, Suite 1250 Minneapolis, MN 55431 Phone: 952.887.1700 Fax: 952.887.1759 Ms. Lee Smick, Planning Coordinator City of Farmington 325 Oak Street Farmington, MN 55024 Dear Mr. Smick: The proposed encroachment on Northerm Natural Gas' 100 foot easement strip in the Southwest Quarter of Section 25, Township 114 North, Range 20 West in Dakota County, Minnesota, Line MNM 80901 as indicated on the preliminary development plans provided to Northern by Keith Willenbring of Pioneer Engineering, P.A. appears to be acceptable to Northern Natural Gas. 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