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Home My WebLink About08.05.02 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING August 5, 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 a) Present Donation Farmington Lion's Club b) Metropolitan Council Livable Communities Opportunity Grant - Mr. John Conzemius, Metropolitan Council R63-02 Information Received 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Mr. David Pritzlaff Information Received 7. CONSENT AGENDA a) Approve Council Minutes (7/15/02 Regular) b) Adopt Resolution - Accepting Donation - Parks and Recreation c) Adopt Resolution - Appointing Election Judges, Primary Election- Administration d) Adopt Resolution - Set Akin Road Project Assessment Hearing - Engineering e) Approve Joint Powers Agreement for ALF - Administration f) School and Conference - Administration g) Fire Relief Association Pension Request for 2003 - Finance h) Approve Bills i) Adopt Resolution - Gambling Event Permit - 2003 Senior Class - Administration (Supplemental) Approved R64-02 R65-02 R66-02 Approved Tabled Approved Approved R67-02 8. PUBLIC HEARINGS a) Approve Mineral Extraction Permit - Friedges Landscaping - Community Development Approved 9. AWARDOFCONTRACT a) Adopt Resolution - TH3 and Willow Street Frontage Road Project- Engineering (Supplemental) R68-02 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discussion Regarding Ordinance Amendment Excavations and Mining- Community Development b) Adopt Ordinance - Amending Lot Coverage Requirements - Community Development c) Adopt Resolution - Carr Comer Development Contract - Engineering d) Charter Communications - Administration 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN 15. EXECUTIVE SESSION a) Continuing Performance Evaluation - City Administrator Informatio1]. Received Ord 002-479 R69-02 Information Received City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING August 5, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Present Donation Farmington Lion's Club b) Metropolitan Council Livable Communities Opportunity Grant - Mr. John Conzemius, Metropolitan Council 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Mr. David Pritzlaff 7. CONSENT AGENDA a) Approve Council Minutes (7/15/02 Regular) b) Adopt Resolution - Accepting Donation - Parks and Recreation c) Adopt Resolution - Appointing Election Judges, Primary Election - Administration d) Adopt Resolution - Set Akin Road Project Assessment Hearing- Engineering e) Approve Joint Powers Agreement for ALF - Administration f) School and Conference - Administration g) Fire Relief Association Pension Request for 2003 - Finance h) Approve Bills 8. PUBLIC HEARINGS a) Approve Mineral Extraction Permit - Friedges Landscaping - Community Development 9. AWARDOFCONTRACT a) Adopt Resolution - TH3 and Willow Street Frontage Road Project- Engineering (Supplemental) Action Taken Pages 1193-1199 Pages 1199.1-1199.12 Pages 1200-1201 Pages 1202-1207 Pages 1208-1209 Pages 1210-1211 Pages 1212-1213 Pages 1214-1223 Page 1224 Pages 1225-1226 Page 1227 Pages 1228-1252 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discussion Regarding Ordinance Amendment Excavations and Mining - Community Development b) Adopt Ordinance - Amending Lot Coverage Requirements - Community Development c) Adopt Resolution - Carr Comer Development Contract - Engineering d) Charter Communications - Administration 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN 15. EXECUTIVE SESSION a) Continuing Performance Evaluation - City Administrator Pages 1253-1255 Pages 1256-1260 Pages 1261-1263 Page 1264 So- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers, City Administrator t~. FROM: James Bell, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation - Parks and Recreation Department DATE: August 5, 2002 INTRODUCTION A donation has been offered to the City of Farmington. DISCUSSION The Farmington Lions Club has offered to donate a clock tower to the City of Farmington to be placed at the comer of3rd and Oak Streets in front of the Exchange Bank Building. During the construction of the streetscape project, electricity was placed under the paving bricks for a project like this proposal. The Farmington Lions have asked the City to prepare the site for installation. This would include the construction of footings and a planter that surrounds the footings. The cost of this work is estimated to be less than $1,000. Attached is a copy of the Farmington Lions proposal. Staff will communicate the City's appreciation on behalf of the Council to the Farmington Lions Club for their generous donation. ACTION REQUESTED Adopt the attached resolution accepting the donation of a clock tower for the comer of 3rd and Oak Street. Respectfully submitted, -t~ ~~ James Bell Parks and Recreation Director 1/93 -.......r---- RESOLUTION No. R -02 ACCEPTING DONATION TO THE CITY OF FARMINGTON FARMINGTON LIONS CLUB Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of August, 2002 at 7:00 P.M. Members Present: Members Absent: Member ------ introduced and Member ----- seconded the following: WHEREAS, the Farmington Lions Club has offered to donate a clock tower to be placed in downtown Farmington, 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 a clock tower to be used as stated above. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 5th day of August, 2002. Mayor Attested to the day of August, 2002. City Administrator SEAL //9( ~,....,-. " c 0 ~."J"""" ,I'-' FARMINGTON MINNESOTA 55024 July 26, 2002 Farmington Council Members; The Farmington Lions Club would like to propose that our club would donate a post street clock to the City of Farmington. The clock would be installed in front of the Exchange Bank Building with the faces of the clock on the north and south sides. The clock is a Small Howard Replica two-faced post clock that is 10' 8-3/8" tall with a 2' 0" face on each clock. The manufacturer recommended the clock be installed on a 2' 0" base to protect it from road salt and snow removal. The base could have a planter around it to add to the appearance. (see attached picture) Our proposal is that the Farmington Lions Club would purchase and donate the clock to The City of Farmington. This would include the clock as the specifications attached, drawing for installing foundation and the base, template for the anchor bolts layout, anchor bolts and wiring diagram. The City of Farmington would install the foundation and base, erect the clock and complete the wiring. This is a Lion's Club project so the clock would have the Lion's slogan "WE SERVE" and the Lion's Club logo on the top of the crest above the clock face. The color selected is Forest Green with gold accent trim. The Forest Green matches the street light poles now in place on Third Street. The specifications indicate the clock to be very low maintenance as it has a 100 year calendar, auto daylight savings time correction, GPS receiver from the atomic clock and a photo cell to control the clock lighting. We understand that a conduit was installed under the new sidewalk for the purpose of a future clock. The Farmington Lions Club hopes that the council would approve this project. We can work with someone from the city staff to make arrangements for delivery, getting the base completed and be ready for the clock when it arrives. Delivery is expected to be 10 to 15 weeks after the order is placed. Delivery date can be firmed up after the order is placed. Farmington Lion's Club Contact Al Corrigan Work 651-365-3080 Home 651-460-6070 //75 !\ , ~ ~ , I ~ JArm-if)stOf) .J:,-iOf)'S Clock project 1001 J /?c; company. inc. (1) Complete Small Two-Dial E. Howard Post Clock Replica, with an electronic reset control in the base. Cast aluminum post, minimum 3/8" thick wall. Cast aluminum removable door. The base of the post measures approximately 11-1/2" square. Cast aluminum top head assembly, crystal rings, ornamental top. Raised aluminum header lettering to read "We Serve" with the Lion Club logo over the lettering, highlighted in gold. All exterior parts of the clock to have an exterior grade, forest green polyurethane painted finish. Gold painted highlighting to accent the casting detail. Off-white flat aluminum dial. Dial markings Style "NI". Hands, Style "WS", made of aluminum with non-corrosive bronze bushings. Clock hands and dial markings to have a matte black finish. Clear flat tempered glass crystals are provided for protection of the clock faces and hands. Clock dials to be edge lighted with off-white neon tubes concealed under the bezels, with transformers mounted to the backside of the dials. Neon to be controlled by a photoelectric cell. Style MI clock movement. All bearing surfaces to be made of self- lubricating materials, as periodic lubrication will then not be required. All parts to be made of non-corrosive metals such as brass and stainless steel. Stainless steel anchor rods. Type 99A-MI, automatic reset control in a NEMA 3R housing. Automatic power fail correction. Alphanumeric Red LED display. Built in 100 year Calendar. Automatic Daylight Savings time correction. No user intervention required. To be located in base of clock by manufacturer. GPS Satellite Receiver. To enable dock to synchronize with National i Bureau Standard Atomic Clock. 45 WEST STREET . P.O. BOX 466 . MEDFIELD, MASSACHUSETTS 02052 U.S.A. . TELEPHONE (508) 359-4396 EMAIL: sales@electrictime.com WEB: www.electrictime.com " FAX (508) 359-4482 //97 FACE: NI HANDS: is HEAD DETAIL SCALE: 1-1/2" = l' ~ o I N 4-1/2" TALL LOGO VIEW LASER ~ >z ..!...Q 2' -5 1/2" ~ 0Cl ~ I' o ~ I to i .. 15 1/4" ~ 0Cl ~ f") 0Cl I o ~ I.. .~11 3/8" POST CLOCK ELEV. SCALE: 3/4" = " /19C6 LN 'I 0) C) = C) to ,---, ---j N -l Z N .p,. (J1 I'l GJ .p,. .p,. $: 0 0 LJ CJ 1-" I-I 1 I III III III 111- '---' , rrl ;;: P ---j I " I " I " Illtlll III III~ -l )> ::J fTl r- I III III III-;-~ III III II U) III III III mill 111= - ::- - -111111-111-111-11 4 . t N Ul-t>-_ " n .--:; 0J CO) 01 00 ,to (1). 0) " 0 '---' . c: ::J 0... (f) .--+- C ~ 0- (!) 0... U) o U) I CJ f'l f'l r- N f'l < ..p. )> ---j L C) z VIEW 'bo4 " " 4 ". " .. GJ 00 00 ::JO ~LJ (!) mU) :::;0 () ;s: (!) -. (j)3~2?? = (!) 0... () ::J ^" s-.:--::;;: '< _______ :rJ (!)LJ ~ 0 ~ (f) () 00 ^" CJl (1) 0... PATH O:\ACA010\A-5095.0WG ;;0 AlA) TITLE ~ ~~ Small E. 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U Vl c o<+~ Vl ~JilO " LJ r- )> Z CJ f'l ---j )> r- '-I NI~ to o (J1 o '---' Ul n LJppZ I'lZZO :::OOO-l LJI I'l 1'l0N"" z:::oz~ o OU) 0:::0 -l eOLJ LO~'D )>U)-I' :::0 mP p'" -l -l:::ONfTl Ol'l..p.-l C) -.....J =0 :::Ol'lrn p~:::01'l 0...........0 I'lN~Ol P 'lOrn '1 -lzo:::o I'l -10 :::Oo3$: --nl'l$: oz' rn e-l:;;>""O I'l:o,..-l :::O:::OP-l Z AO C)pfTl~ Z 0U) C :::0 fTl 1/99 5/; City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us TO: Mayor, Council Members, City Administratorft FROM: Kevin Carroll, Community Development Director SUBJECT: Metropolitan Council Opportunity Grant DATE: August 5, 2002 INTRODUCTIONIDISCUSSION 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. There are only four separate property owners within this rectangle, each of whom has previously approached the City to discuss development opportunities. 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 24t\ the Metropolitan Council awarded the City of Farmington the full amount of the $40,000 grant that the City had requested. Apple Valley was the only other city in Dakota County to receive a grant (in the amount of $30,000). Our local (District 16) representative on the Metropolitan Council, Mr. John Conzemius, will be in attendance at Monday night's City Council meeting to formally announce the grant award in question. ACTION REOUESTED None; informational only. ~p. db :Ubm/) /1(~~.1iM Kevin Carroll Community Development Director / /n / - ,..,.- .' L Livable Communities Committee Executive Summary Item: 2001-237 ADVISORY INFORMATION Meeting date: July 15, 2002 Date: July 9, 2002 Subject: Livable Communities Demonstration Account Opportunity Grant Funding Recommendations ' , District(s), Member{s): All Policy/Legal Reference: Implements Smart Growth; Minnesota Statutes 473.867; 473.175 Staff Prepared/Presented: Joanne Barron, Planning Analyst (651.602.1385) Linda Milashius, Planner (651.602.1541) , DivisionlDepartment: Policy Alignment and Development, Housing & Livable Communities ..Proposed Action/Motion Jhat the Metropolitan Council award Livable Communities Demonstration A,ccount OPP<?l1:u,gity Grants '$'55:9';000 as follows:""C' ,',' ,;'7"" ..,,:,;;...,-.'c. Pro'ect Housina 0 ortunities alona NorthstarCommltter Rail~Line-. Downtown Im lementation Plan West Panhandle Redevelo ment 46t1 and Hiawatha Master Plan Universi and Dale Transit Oriented Develo ment Core Area Redevelo ment - Town Center Im lementation S , rUQ~,.Street Develo ment Plan .. 'Ceritra'rVlITaa-e Small Area Plan PhaseIr .......-".... U 'TCAAP Reuse 39t and Central Avenue Redevelo ment Site Little Asia Second Street Mixed Use Deve[(), ment Low Frequency Noise Impact Area Design & Landt{s~ Standards . "lor projects being recommended for less than requested, a description of the reductions is listed in the attached $ul]itlIlafy /~~feaclt proposal. . ' ' * Recommendation is based on $10,000 funding through the Council's Aviation Di'vision, fora total of $20,000., ..' : ; ; . ~ '_- e ,.' < r: ~.::"",,~:..;, Issues · Do the recommended proposals have potential to demonstrate smart growth principles and development patterns? Overview and Funding In February, 2002, the Council approved the 2002 LCA annual distribution plan, which included $7.25 million available for grants from the Livable Communities Demonstration Account. The plan allocated $6.75 million for development projects requesting hard construction costs, and $500,000 for opportunity grants to support projects in the predevelopment stage that show potential for evolving to candidates in the development category. In June 200l the Council approved criteria and a process for solicitation and awarding of the opportunity grants, to a maximum award of $75,000 with a I: I local match. ;//9T,~ . i: I The total requested amount of the 13 proposals is $687,000. Funding all 13 projects requires or is recommended to include 1) disallowing or reducing specificitems for many ofthe proposals; 2) reducing the Anoka County and Arden Hills proposals, not tied to specific line-item requests, 3) using Livable Com'inunities ihterest earnings to fund the amount over $500,000, and 4) partially funding the Richfield'proposal with Aviation PrOgram consultant funding. Twenty-nine proposals were received on May 15, requesting a total of$1,700,222. A llanning and Technical Assistance, EnvirOnment, Transportation and Livable Communities proposals against the selection criteria. The team evaluated each specific funding request and certain items be disallowed or reduced in some of the proposals. .~,.,~ The team recommen~ed 13 proposals for funding. See the attached application summaries for a descriptiQ~<.0 each proposal and explanation of recommended funding allocation. .... The cities of Brooklyn Center, Crystal and S1. Paul have not completed the required stormwater/erosion control ordinance that was included as a condition of acceptance by the Metropolitan Council of each city's revised comprehensive plan. Each of these cities will need to address this issue before the grant awards are disbursed. o Infrastructure: Funded proposals have potential to connect transit with land uses to improve mobility, accessibility to transit and housing, community livability and increase the supply of mixed- income housing. I. o Quality of life: Funding supports communities that choose more livable, rnix~d...us~c!evelopmer1~;'! patterns that can improve quality of life. '<',.. ,...... . o Communication/constituency building: Grant activities will be carried out with lQc;C!lrE?sige.nts::.( and other local stakeholders to ensure community support, and with government and private sector . partners. o AIi nment: Fundin resources will ali n local ob'ectives with smart ! '..z": t ~ , ~>;/. "'-' ,":.,-:.,< , "; library/commundv/opportunitygrants2002/LCC 0715 Opp Grant Recommendations Memo 2 //99;3 Applicant: Farmington Recommended Funding Amount: $40,009 Project Name: Spruce Street Development Plan Project Description Farmington is a rapidly growing community at the urban fringe. with a great needJor more commercial, retail, and offlce space. The proposal would create a comprehensive,. progressive development plan for a currently undeveloped 450 acre site located in close proximity toa rapidly growing suburb's "historic" downtown, andto do so in a way that creates new commercial, residential and mixed-use opportunities that complementratherthat; conflict with existing businesses and neighborhoods. . ,,'" Project Goals, Tasks or Outcomes . To create a retail-commercial area, a business-office park and a residential neighborhood including low, medium and high density housing development located close to the downtown; . To enable people to move freely betweenbbth areas via pedestrian walkways, bike trails, mass transit (shuttle buses, trolleys, etc.) or motor vehicles; . To ensure that a wide range of desirable and affordable housing is located.near and in the business~office '-- park; . To ensure thatthe business-office park. andthe (anticipated) adjacent housing developments protectand enhance the Vermillion River area and provide new "green spaces". I ~ .:..'. . '. j Staff Review Team Comments . High potential to develop transit ridershIp ,. . High growth area - 450 building permits issued last year . Significant demand for commercial development in this area . Good mixed use - wide range of housing . Good opportunity for development of unique stormwater management techniques - protection of water quality and trout fishery of the Vermillion River is critical. _;~!" ,i.,; ..u . Would be good model for cities to guide or limit big boxdevelopme nt ., .'. .... .... ..... ... ......" . Would be replicable' both in core city going through revitalization and rural c~nirnunTt"ib!sstartirt'g 1'0,' deVelbp . Without master pUm, site may fall to big box development without estabITshedd~slgil"g(ifcfeWnes:l;/~;..!;(n:,', .; ~ i:\ ~i S"l > . .~ ~ ~ i:' i :~J:'l~:,:~-_' ~'-~ ",:. I!"j"""" :', :;~:f.(.'!:~;,":'~< ~,1::j.~. i 1: :', -4 Funding Re,qllestl;).9.lF1.lndingRecommended . ,. : .,' " . . ~;. , .- Total Re ,ies'ted:.$40,OOO"" - . --.......... ._,u... ---::Tota1- Recommended:,,~40,OQO:'.:}. n\ ~ ':" ~-l Amount Re uested Amount Reco'rilmended: .'" '.' V" .:. "J\ttse"6:FFllIids~::"""",,: :-.i::,:~:,.~,~:;:.....~_..~:~tw~~-::.__, $20,000 :> $20,0061' -Planning:for fand:use, architecturaL design, zoning, . -' meetifilis;- etc. ...' .. .. - :'... - $to,OOO Marketstud $10,000 Trans ortation anal sis $10,000 $10,000 . ,._ .' 'c ' ~. , letion Date: 8 //9'7'. Y Livable Communities Demonstration Account of the 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 (CSAH 31). Project Size (acres) Approximately 450 acres Contact Person - NAME ADDRESS Kevin Carroll, Community Development Director PHONE FAX E-MAIL 325 OAK STREET FARMINGTON MN 55124 651-463-1860 651-463-2590 KCARROLL@CI.FARMINGTON.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. Ilns 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 cannot presently be obtained in Farmington. In particular, the City believes that "big box" retailers and other commercial enterprises that cannot presently be accommodated in the existing downtown area (due to a lack of space suitable for such development) will want to locate along CSAH 50, which is an east-west thoroughfare of increasing importance in the area. The City anticipates that the central portion of the site will be accessed primarily via a westerly extension of Spruce Street, thereby connecting the newly-developing area with the central core of the existing downtown area. The central area of the site would be suitable for smaller commercial businesses, mixed uses and an "office park" environment that would take advantage of the scenic views and passive recreational opportunities provided by the adjacent Vermillion River. The City anticipates that the southern portion of the site will be devoted to a variety of housing opportunities, including high density housing adjacent to the commercial/office areas, medium density housing in a transitional zone, and lower density housing located along the southern boundary of the site (adjacent to existing single-family homes and areas that will remain in long-term agricultural use). 1. DESCRIBE THE PROJECT (one-and-a-half page limit) a. Project goals - Briefly describe the objectives and goals that the city expects to achieve with the proposed project. How do they relate to goals and objectives cited in the city's comprehensive plan? How do they relate to transit and other regional infrastructure? How do 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 / /99. ~ 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 ofwalkinglbiking 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; developing 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 a Spruce 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 time line 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 completion date of this project1, Describe any circumstances relatin to time constraints or ressures on this TO. ect. Start Date ........ l!nd.t:[)ateff~*':\;;;:~ ~f(to'nf'lete'dtbt;~~bti August 2002 September City staff 2002 October 2002 December 2002 January 2003 March 2003 Determine preliminary scope and required tasks for master lannin roeess Schedule and conduct meetings with interested parties & stakeholders to refine and finalize seo e, oals and tasks Conduct and complete Market Analysis Conduct and complete Transportation Analysis January 2003 March 2003 Prepare draft of Master Plan, incorporating aforementioned anal ses 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 cOJ?sultant s) Consultant( s) and Ci staff Consultant(s) and Ci staff City staff and consultant( s) City staff and consultant(s) City staff //97. '/ 2. PROCESS AND P ARTNERSIDPS (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 [AlCP], Planning Associate [AlCP] and support staff). The City Engineer/Public Works Director would also be actively involved, along with members of the Engineering Division, with regard to issues such as sewer and water extensions, stormwater handling/modeling, wetland protection/mitigation, and transportation infrastructure. The Park & Recreation Director, and members of his department, would provide advice and input with regard to tree preservation, conservation easements, park land dedication, park planning and development, internal trail systems, and passive recreational opportunities. The Mayor and City Council would be involved in the project through ''work sessions," public hearings and regular City Council meetings. Several of the City's advisory bodies would provide specialized advice and guidance; such groups would include the Planning Commission, the Housing and Redevelopment Commission, the Park & Rec Committee, and the Water Board. . Public Involvement: There are four ownership groups (individuals, families, etc.) that control all 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 District 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. ) 199..:0 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 City of Farmington Mike Schultz City of Farmington Lee Mann (and members of the Engineering Division) City of Farmington Jim Bell City of Farmington Sheldon Johnson Bonestroo, Rosene, et al [Presently Undetermined] [Presently Undetermined] [Presently Undetermined] [Presently Undetermined] .1l~nfi~aiihlls. ....... Community Development Director Planning Coordinator Planning Associate City Engineer/Public Works Director Director, Parks & Recreation De artment Transportation Consultant Recognized and Experienced Marketing Consultant(s) Recognized and Experienced. Planning/Land U sel Architectural Consultant( s ) Project Coordinator Analysis of land use, zoning and comprehensive guide plan Issues GIS issues; preparation of ma s, dia ams, conce t lans Analysis of sanitary sewer, water, storm sewer, and related infrastructure issues Analysis of park, trail, conservation easement, and recreational issues Analysis of transportation issues, including extension of CSAH 31, improvement of 220lh Street and development of internal roadway system, and inte ation of mass transit Preparation of market study to determine optimum mix of commercial, retail, office, residential and mixed uses Professional advice regarding best methods of achieving "wulkable" areas and connections between housing andjobs, growth phasing, aesthetically pleasing environments, etc. c. Partnerships. List and briefly describe the type and nature of partnerships in the project among government, private, for-profit and non-profit sectors (as applicable). An informal "planning partnership" exists between the City and the four private ownership groups that control the parcels located within the project area. The City will work toward creating similar informal, mutually-beneficial partnerships with adjacent property owners and Eureka Township, which borders the southern boundary of the project area, and with Dakota County, which owns and operates a Maintenance Facility on a parcel located in the north- central portion of the site. Proactive and positive relationships with builders and developers will be fostered. /199: 'T 3. FUNDING REQUEST (begin new page) Elh?:ible Uses of Funds: Preparation of master plans or detailed redevelopment plans; market studies to assist in determining retail/office/housing mix and cost; conducting design workshops and developing design standards; zoning and land use implementation tools, such as overlay zones, special zoning districts. Inelieible 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.:;.,>naller gr2nt would necessitate a reduced reliance on "outside consultants" and a greater reliance on City staff. Given current staff workloads, it would be difficult for City staff members to complete the required work within the desired timeframe. i>: 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: (8~ 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 //99':./0 ATTACHMENT A OPPORTUNITY GRANT APPLICATION FINANCIAL SUMMARY - SOURCES AND USES Total Amount Requested: 40,000.00 lanning/Land Use/Zoning/Architectural Analyses, Advice $20,000.00 nd Activity, including planning for and facilitation of eetings, hearings and interactions with stakeholders and ther interested arties arket Study (including recommendations) $10,000.00 ity staff time, in-kind ontributions, use of ity equipment and aterials, CDBG ransportation Analysis (including recommendations) $10,000.00 $7,500.00 ity staff time, in-kind ontributions, use of ity equipment and terials ity staff time, in-kind ontributions, use of ity equipment and aterials - .~ . ..~.:.....-. ~...""" //99. /1 1- o -0 .C 1- o U +oJ <J) <J) 1- +oJ U) <J) o :J 1- 0- ) o LO I <( U) U \ 0> C :g 'S .c " 0> .. (; ;;; z o (/) u 0:: <1l LUO I-f'-. LU 0.. c o c;, c .~ <1l u.. o l!'l I <t; (J) U '" " OJ 1:i " :c :J '" a (;; '0 (; .0 I I I , , I L__ i I i . 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Mann, P.E., Director of Public Works/City Engineer SUBJECT: Signing requests - Mr. David Pritzlaff DATE: August 5, 2002 INTRODUCTION At the July 15, 2002 City Council meeting, Mr. David Pritzlaff asked if directional signage could be placed on Pilot Knob Road indicating that the route to downtown Farmington is along Pilot Knob Road and CSAH 50. Mr. Pritzlaff also asked if a "Local Traffic Only" sign could be placed at either end of Akin Road. Staff has consulted with the County's traffic engineer and with the City's traffic engineer regarding these requests. DISCUSSION "Downtown Farmington" signs Pilot Knob Road and CSAH 50 are county roads. Staff forwarded the signing request to the County and their response is attached. The County has determined that it would be appropriate to install route markers in advance of 190th Street to alert motorists that CSAH 31 continues directly south. The County is of the opinion that signs indicating direction to the downtown will not influence drivers familiar with the area. Drivers unfamiliar with the area will tend to follow the county road to downtown Farmington. "Local Traffic Only" signs Akin Road is classified by the City as a collector roadway. The function of a collector is to gather trips from neighborhoods and allow them to move along the collector to arrive at an arterial roadway and vice versa. As such, Akin Road is not a local street and installing "Local Traffic Only" signs would go against the classification of the roadway. Practically speaking, "Local Traffic Only" signs will not be effective in re-routing traffic. Traffic "familiar" with Farmington will continue to use their preferred route regardless of any signing that is in place either on Pilot Knob Road or Akin Road. Also, it is unlikely that "unfamiliar" traffic, unaware of the Akin Road connection, will turn off Pilot Knob Road at 190th Street to get to the downtown. For these reasons, it is not recommended that "Local Traffic Only" signs be installed. /0700 BUDGET IMPACT None. ACTION REOUESTED For Council's information. Respectfully Submitted, ~Yh~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file /070/ AUG. I. 2002 10:02AM Transporuti~n ~n:tnent Mark J. Krellstlad1. P. E. Tnnsportadon Dlrectorl County Engineer Oako13 County Western SeNiee Center r ~9SS Galaxle Avenue 3rd Aoor AppleVIUt'f. MN SS 12""8579 9S2.B9 1.7100 Fax 952.89' .7127 WWN.co.dakoc..mn.us o ~..:==- ..., ~ 0PI'(M1\.NrT lIr9\.o,a DAKOTA CO TRANS DEPT 9528917127 NO. 3083 P. 1 c:r\~ ~UN1Y July 31, 2002 Mr. Lee Mann, P.E. Director of Public Wor1<slClty Engineer City of Farmington 325 Oak Street Farmington, UN 55024 RE: Highway 31 Sign Request/Traffic Concern along Akin Road Dear Mr. Mann: I am writing In response to your July 13, 2002, letter requesting signing to the downtown Farmington area along Hi~hway 31. I understand the residents' concern for through traffic using 190 and Akin Road as a short cut for Highway 31 and Highway so. The County will install Highway 31 route markers for southbound traffic in advance of 1901h Street to alert motorists that Pilot Knob Road is now Highway 31, the main highway connection to Highway 50 and downtown. Farmington. Alerting motorists that Highway 31 continues south will guide unfamiliar motorists through Farmington more effectively than trailblazing downtown signs several miles away from the downtown area. Signing will not have influence on the route choice of motorists familiar with the area. Hopefully. the current detour of Akin Road along Highway 31 will help to permanently change traffic patterns for motorists traveling through the area. Aoute marker sign changes will take place within the next two weeks. If you have any questions or comments, pl~ase call me at (952) 891-7178. Thank you. Sincerely. ~'m.sk'.~ Kristi M. Sebastian, P.E., p.T.a.E. Assistant Traffic Engineer ~\I8ttenslJ<8073102 '. /~O/, / 7~ COUNCIL MINUTES REGULAR July 15, 2002 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Cordes, Soderberg, Strachan, Verch None Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Karen Finstuen, Administrative Services Manager; Lee Smick, Planning Coordinator; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant Sherry Buss, David Pritzlaff, Dan McCarthy, Michael Bussion, Dave Selegren, Don Patton, Larry Prank 4. APPROVE AGENDA Councilmembers Cordes and Verch pulled item 7a) Council Minutes (7/1/02 Regular) to abstain from voting as they were absent from that meeting. MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. Michael Bussian, 1316 Fairview Lane, spoke regarding the relocation and new construction of a grandstand on the fairgrounds and a steel fence being built behind the residents on Heritage Way and Fairview Lane. He brought a petition signed by the residents opposing the location of the grandstand and the steel fence. He will also present the petition to the Fair Board. Mayor Ristow stated he has talked to Mr. Jim Prost, Administrator of the Fairgrounds, who agreed to have a meeting with the residents on July 16, 2002 at 6:00 p.m., to discuss the situation. Councilmember Soderberg stated this is something the City should be concerned about. With the relocation of the grandstand, it takes up parking at the south end of the fairgrounds and will discourage use of the south entrance, which will drive traffic to the north and have an impact on Ash Street. Mr. David Pritzlaff, 20255 Akin Road, stated he has been working on the culvert in his front yard. He stated Chuck, involved with the Akin Road Project, and Matt Stordahl, Engineering, have worked with him and guided him through the project. City Engineer Mann called him at the end of the project to see ifhe had any questions. Mr. Pritzlaff thanked them for their assistance. / c;;?OO< Council Minutes (Regular) July 15, 2002 Page 2 Mr. Pritzlaff stated he is amazed at how much the traffic has been reduced on Akin Road because of a detour sign placed on Pilot Knob Road due to the culvert project. He would like to have a sign placed on Pilot Knob Road pointing south towards Farmington. As Akin Road will be closed for a month, he feels this is a good chance to educate people on using a different route to Farmington other than Akin Road. Mayor Ristow stated by the time traffic reaches the turn off for Akin Road, they are already in Farmington. A sign indicating Farmington straight ahead may confuse traffic from out of town. Council suggested having the sign read "Downtown Farmington." City Engineer Mann will research the request and respond. 7. CONSENT AGENDA 7a) Council Minutes (7/1/02 Regular). MOTION by Strachan, second by Soderberg approving Council Minutes (7/1/02 Regular). Voting for: Ristow, Soderberg, Strachan. Abstain: Cordes, Verch. MOTION CARRIED. MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: b) Adopted RESOLUTION R58-02 Accepting Donation - Parks and Recreation c) Adopted RESOLUTION R59-02 Set Assessment Hearing Date - 3rd Street Overlay Project - Engineering d) Approved Goals Program - Administration e) Approved Mission Statement - Administration f) Approved School and Conference - Administration g) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Customer Service Response Report - Administration The City has adopted a customer service satisfaction program. This program is designed to measure the level of customer satisfaction during service-related interactions. Contacts are documented in terms of complaint type, referring department, priority of service request and service outcomes. A report for January - March 2002 was presented to Council. On average, 90% of citizen requests for service are handled and addressed within a 1-3 day period. In terms of core customer service skills, City staff have achieved an impressive 100% rating in courteous and helpful service and 99% in prompt service. Overall, a summary rating of 98% over the three month period for how personally satisfied a resident was with a City service response is a very respectable response ratio. b) Building Permit Report - Community Development During the second quarter of 2002, the City issued new residential building permits for 84 single-family homes and 88 owner-occupied townhouse units for a total of 172 new housing units. For the first half of 2002 the city issued permits for a total of 285 new owner-occupied housing units. /d03 Council Minutes (Regular) July 15, 2002 Page 3 c) Adopt Resolution - Authorize Commencement of AUAR Process - Community Development Newland Communities is preparing to develop the SeedlGenstar property located east of the City's boundary. A form of environmental review is an Alternative Urban Areawide Review (AUAR). The AUAR needs to include a land use plan, a public facilities plan, an implementation plan, an analysis of the proposed development's impacts on the environment, and a mitigation plan. A responsible government unit is required to verify the accuracy of the environmental documents and comply with the environmental review processes. As the property will be annexed into the City in the near future, the City would like to be the RGU for the AUAR process. The Empire Town Board met July 9, 2002 and voted to consent to Farmington being the RGU. MOTION by Soderberg, second by Verch adopting RESOLUTION R60-02 ordering the environmental review of the area known as the SeedlGenstar Orderly Annexation Area consistent with the intents and purposes of the Rules of the Minnesota Environmental Quality Board under the provisions for Alternative Urban Areawide Review (AUAR). d) Adopt Ordinance - Shoreland - Community Development The City proposes to amend Section 10-6-18 of the Farmington City Code: Shoreland Ordinance, and the following sections need to be renumbered. Definitions will also be added to Section 10-2-1 pertaining to the Shoreland Ordinance. The MPCA and the DNR have required the City prepare and adopt a Shoreland Ordinance because the City is located within the Vermillion River Watershed. The ordinance preserves and enhances the quality of surface waters. The ordinance applies to any land within 300 feet from the top of the bank of DNR-protected watercourse. The Shoreland Ordinance looks at standardizing lot sizes and setbacks along the river. For the Vermillion River, there is currently a 100-foot setback from the top ofthe bank for wetland protection. This setback was carried over to the Shoreland Ordinance requirements. MOTION by Strachan, second by Cordes adopting ORDINANCE 002-477 amending Section 10-6-18: Shoreland Ordinance, renumbering Section 10-6-18: Manufactured Homes, Section 10-6-19: Industrial Park Design Standards, Section 10-6-20: Spruce Street Commercial Design Standards, Section 10-6-21: Business Park Design Standards, and Section 10-6-22: Site Plan Review and adding definitions to Section 10-2-1 pertaining to the Shoreland Ordinance. APIF, MOTION CARRIED. e) Comprehensive Guide Plan AmendmentJRezone Update for Properties Located at 213 8th Street, 301 Main Street, 305 Main Street - Community Development At the May 6, 2002 City Council Meeting Council decided to table any action with regard to the properties located at the above addresses to allow staff to have follow-up discussions with the homeowners concerning the proposed rezoning of their respective properties. For the property located at 213 8th Street - staff recommended amending the 2020 Comprehensive Plan from Institutional to Low/Medium Residential. Staff also recommended the property be rezoned from R-l (Low Density) to R-2 (Low/Medium Density Residential). /dO<! Council Minutes (Regular) July 15, 2002 Page 4 Regarding 30 I and 305 Main Street, staff recommended rezoning both properties from the existing R-2 (LowIMedium) Zoning District to the R-T (Residential Transition) District. The proposed R-T designation would allow single-family uses to continue as a permitted use, but would also allow multi-family uses with conditional permit approval. MOTION by Cordes, second by Verch adopting RESOLUTION R61-02 amending the Comprehensive Land Use Map for the property located at 213 8th Street from Institutional to LowIMedium Residential. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes adopting ORDINANCE 002-478 rezoning properties located at 213 8th Street from R-l to R-2, and 301 and 305 Main Street from R-2 to R- T. APIF, MOTION CARRIED. t) Aquila Communication - Administration A letter was received from Aquila, formerly People's Natural Gas, stating their Rosemount office will be closed to walk-in service effective August 3, 2002. g) NPDES Phase II League of Minnesota Cities Guide Plan Participation - Engineering Farmington, along with other cities in the state, is required to submit a permit application as part of the National Pollutant discharge Elimination System (NPDES) program, Phase II. The LMC is proposing that the cities get together to fund the creation of a guide plan that would be used as a base for the permit that needs to be submitted. Farmington will need to submit a permit application that outlines a Storm Water Pollution Prevention Program addressing the reduction or elimination of pollutant discharges to the City's storm water system. The program will include implementation of various "Best Management Practices," ordinance controls, monitoring, and community education. The cost to participate in the preparation of the guide plan is estimated to be $5,000. MOTION by Verch, second by Soderberg approving the City's participation in the LMC Guide Plan preparation to be used in preparing the City's permit application for the NPDES Phase II requirement. APIF, MOTION CARRIED. h) June 2002 Financial Report - Finance The Financial Report as of June 30, 2002 was presented to Council. Under revenues, licenses and permits are 89% of budget as of June 30. This is a significant increase in the number of building permits and the valuation increase. Last year was at 52% as of June 30. The City is at 42.61 % of the general fund revenues budget, compared with 20% last year. The City is at 42.75% ofthe general fund expenditure budget. 11. UNFINISHED BUSINESS a) Adopt Resolution - Middle Creek East Preliminary Plat - Community Development DR Horton and Arcon Development jointly propose to plat 185 lots on 74.7 acres located east of CSAH 31 and Middle Creek 1 st, 3rd and 4th Additions. They are proposing 185 townhome units. On May 20, 2002 the Council tabled the Idtp5 Council Minutes (Regular) July 15, 2002 Page 5 preliminary plat due to an issue regarding the width ofthe proposed 203rd Street not meeting City standards. The City Attorney has had several discussions with the title company, the City, the developer and Mr. McCarthy who lives next to the 203rd Street right-of-way. They discussed the issues of assisting and seeing a standard roadway section be implemented in the area, and to assist Mr. McCarthy with the possibility of relocating his home. The title company, developer, and the City want to settle all potential claims with Mr. McCarthy for a specified dollar amount that would allow him to relocate his home outside ofthe City's 203rd Street easement. The City Attorney has recommended that the development be allowed to proceed at the preliminary plat stage due to these discussions and also the construction of203rd Street would be at the standard width requirement of32 feet. At the July 9,2002 Planning Commission meeting, the commission stated they would not object to the plat if an agreement could be reached and the street could be constructed at the standard width. The plat contains 4 units. A 6.7-acre park is platted to the south. The City is requesting an access agreement for an access from the north-south roadway (Eastview Avenue). The plat is contingent upon the following: 1. Constructing 203rd Street to full-width in accordance with city standards provided a settlement agreement is reached concerning the McCarthy house/easement. 2. Complying with the requirements stated in the May 8, 2002 memo from Jim Bell, Parks and Recreation Director. Mr. Dave Selegren, attorney for Arcon and DR Horton, stated they appreciate the efforts of the City in trying to resolve the issues of the road design, when it can be constructed, and its impact on Mr. McCarthy. However, there is a City easement that has been there for quite some time. They are prepared to build the road any way the City would like to have it built. They will continue the discussions with the City Attorney and City staff, but they believe their contribution is sufficient to build the road. Arcon and DR Horton are not prepared to write a check to Mr. McCarthy. They feel the issue is between the City and Mr. McCarthy. They will build the road when the City says it is time to build it at their cost. They agree with conditioning the plat on the construction of the road. They object to linking approval of the plat to a settlement with Mr. McCarthy. MOTION by Soderberg, second by Cordes adopting RESOLUTION R62-02 approving the Middle Creek East Preliminary Plat contingent on constructing 203rd Street to full-width City standards, provided a settlement agreement is reached with Mr. McCarthy; and complying with the requirements stated in the May 8, 2002 memo from the Parks and Recreation Director. APIF, MOTION CARRIED. 12. NEW BUSINESS / ~CJt; Council Minutes (Regular) July 15, 2002 Page 6 13. COUNCIL ROUNDTABLE Councilmember Verch: Regarding Akin Road, he asked if a sign could be installed on Pilot Knob indicating a truck route to Hwy 50. Some residents called him regarding the house at 408 Spruce Street. It was supposed to be burned down for fire training, but it was bulldozed instead, and then the pile of wood was burned. City Administrator Shukle stated the Fire Chief suggested it be done that way because of wind conditions. Councilmember Verch asked why it was burned in town instead of hauling the debris away? Administrator Shukle stated the Fire Chief suggested it be done that way and worked with the developer, Colin Garvey. Councilmember Verch stated there are citizens that are upset with burning it in town. Mayor Ristow suggested Councilmember Verch discuss the issue with the Fire Chief. City Administrator Shukle: There will be a TH3 Access Management Open House on July 24, conducted by the Department of Transportation. Police Chief Siebenaler: The Police Department has moved to 195th Street and Pilot Knob Road. He is aware some residents in the downtown area are concerned they will not see as much police presence. He wanted to assure the downtown residents the police will always be there for them. There will be no change in response time. Mayor Ristow: A meeting will be held with Sunnyside and Chateau Manor residents on July 16 regarding the fairground's fence. A meeting will be held July 17 with the Castle Rock Town Board on Ash Street. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:34 p.m. APIF, MOTION CARRIED. Respectfully submitted, //~- .~. ;r?~dJ 7 Cynthia Muller Executive Assistant /dCJ/ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 76' TO: ~.c Mayor, Councilmembers, City Administrator FROM: James Bell, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation - Parks and Recreation Department DATE: August 5, 2002 INTRODUCTION A donation has been received from Empire Township. DISCUSSION Empire Township has donated $1000 to the Parks Division to be used to help finance the Skatepark. Staff requested donations from the surrounding townships and Empire Township did respond to the request. Staff will communicate the City's appreciation on behalf of Council to Empire Township for their generous donation. ACTION REQUESTED Adopt the attached resolution accepting the donation of $1 000 from Empire Township towards the Skatepark. Respectfully submitted, ~~\6~ James Bell Parks and Recreation Director /dCJCf? RESOLUTION No. R -02 ACCEPTING DONATION $1000 FROM EMPIRE TOWNSHIP Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of August, 2002 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City has received a donation of $1 000 for the Skatepark; and, WHEREAS, it is in the best interest ofthe City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the donation of$1000 from Empire Township to be used for the Skatepark. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 5th day of August, 2002. Mayor Attested to the day of August, 2002. City Administrator SEAL /aC9 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463~7111 Fax (651) 463~2591 www.cLfarmington.mn.us 7 c... e.r. TO: Mayor, Councilmembers, City Administrator FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Adopt Resolution - Appointing Election Judges, Primary Election DATE: August 5, 2002 INTRODUCTION The Primary Election is Tuesday, September 10, 2002. Based upon State Statute . 204B.21, subd 2, election judges must be appointed at least 25 days before that election. DISCUSSION The attached resolution appoints judges and designates polling places for Precincts 1, 2, 3, and 4 for the Primary Election. BUDGET IMPACT Election costs are included in the 2002 budget. ACTION REOUIRED Adopt the attached resolution appointing election judges and designating polling places. Respectfully submitted, cJJiw--~g~ Karen Finstuen Administrative Services Manager /d/O RESOLUTION NO. R -02 APPROVING LIST OF ELECTION JUDGES AND DESIGNATING POLLING PLACES FOR PRIMARY ELECTION OF SEPTEMBER 10, 2002 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City the 5th day of August, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: NOW THEREFORE, BE IT RESOLVED that the following list of election judges be approved for the Primary Election to be held September 10, 2002. Precinct 1 Dolores Johnson Florence Mohn Mary Jo Bell Marlene Beeney Pat White Marcianne Rotty Betty Klose Joanne Weber Evan Brewer - Alternate Precinct 2 Gretchen Bergman Pat Thurmes Lauretta Schneider Mary Swanson Mama Halvorson Charles Weber Darlene Grabowski Austa Harmer Precinct 3 Karen Pietsch Lois Lotze Lorraine Dybvik Erwin Hagen Jody Kuoppala Doris Dahl Dennis Sullivan Precinct 4 Shirley Sauber Joyce Blowers Helen Hagen Penny Loftus Patrick Hansen Betty Wanberg BE IT FURTHER RESOLVED that the address of the polling place for Precincts 1, 2, 3 and 4 shall be as follows: Precinct 1 - Senior Citizen Center - 431 Third Street Precinct 2 - ISD # 192 District Service Center - 51 0 Walnut Street Precinct 3 - Akin Road Elementary School - 5231 195th Street West Precinct 4 - Bible Baptist Church - 19700 Akin Road This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of August, 2002. Attested to the _day of SEAL Mayor , 2002. City Administrator /dl/l City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lc/ TO: Mayor, Councilmembers, City Administrator{( FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - Akin Road Street, Utility & Trail Improvement Project DATE: August 5, 2002 INTRODUCTION The City Council awarded the Akin Road Street, Utility & Trail Improvement project at the August 20t\ 2001 City Council meeting. DISCUSSION The Akin Road Street, Utility & Trail Improvement project will be substantially complete within the next two to three weeks. BUDGET IMPACT The final project costs will be allocated using the methodology presented at the project hearing. The fmal project costs and proposed assessment roll will be available prior to the assessment hearing for review. The Council would consider adoption of the final project assessment roll at the September 16th assessment hearing. ACTION REOUESTED Adopt the attached resolution directing staff to prepare the assessment roll and setting the Akin Road Street, Utility & Trail Improvement project assessment hearing for September 16th, 2002. Respectfully submitted, ~11/l~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file /dI/c:I RESOLUTION NO. R -02 CALLING FOR PUBLIC HEARING - PROJECT NO. 00-05 - AKIN ROAD STREET, UTILITY & TRAIL IMPROVEMENT PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City of the 5th day of August, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, a contract has been let and costs have been determined for the following improvements: Proiect No. 00-05 Akin Road Improvements Description Street, Trail & Utility Improvements Location CSAH 50 to 190th Street ; and, WHEREAS, the improvements for the project are complete. NOW, THEREFORE, BE IT RESOLVED that: 1. Staff is hereby directed to prepare the proposed final assessment roll for the project. 2. A hearing shall be held in the Council Chambers in City Hall on the 16th day of September, 2002 at 7:00 p.m. to act upon such proposed assessment at such time and place and all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and the clerk shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. Notice shall be provided in accordance with the requirements provided under M.S. section 429.061 subdivision 1. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 5th day of August, 2002. Mayor Attested to this _ day of , 2002. City Administrator SEAL 1~/3 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and City Council FROM: Ed Shukle City Administrator SUBJECT: ALF Joint Powers Agreement Amendments DATE: August 5, 2002 INTRODUCTION As you know, there have been some organizational structure changes at ALF Ambulance Service. Due to these changes, the Joint Powers Agreement for the organization requires some amendments. DISCUSSION The ALF Board and the Executive Management Committee have been discussing these amendments for the past few months. Attached are the proposed amendments for your review and consideration. BUDGET IMPACT None ACTION REQUESTED Approve the ALF Joint Powers Agreement Amendments as submitted. ~:IY submitted, City A inistrator Ie:? /</ AMENDED JOINT POWERS AGREEMENT TO PROVIDE AMBULANCE SERVICE AGREEMENT made this day of , 2002, by and among the cities of APPLE V ALLEY, LAKEVILLE, and FARMINGTON (hereinafter collectively referred to as "A.L.F. Ambulance", "A.L.F.", or "the Cities"). 1. AUTHORITY. This Agreement is entered into pursuant to Minnesota Statutes ~~ 471.476 and 471.59. 2. PURPOSE. The purpose of this Agreement IS to provide advanced life support ambulance service for the Cities. 3. DEFINITIONS. For the purpose of the A.L.F. Ambulance Joint Powers Agreement ("JPA"), the terms defined in this section shall have the meanings ascribed to them: A. Agreement shall mean the A.L.F. Ambulance Joint Powers Agreement entered into by the cities of Apple Valley, Lakeville, and Farmington on September 20, 1993, as amended. B. Alternate Member shall mean either a council member or staff member appointed by a member city to represent that city on the Board when the primary member is not available. C. Board shall mean the A.L.F. Ambulance Board. D. The Cities shall mean Apple Valley, Lakeville, and Farmington. E. Population shall mean the populations of the member cities established by the most current of the following: (1) the most recent Federal Census; (2) a special census conducted under contract with the United States Bureau of Census; (3) a population estimate made by the Metropolitan Council; or (4) a population estimate which has unanimous approval of all A.L.F. Board members. F. Primary Member shall mean the council member appointed by a member city to represent that city regularly on the A.L.F. Ambulance Board. 7257.13 (RL) RNK:r07/1612002 IOI/S G. Public Resources shall mean lands, buildings, equipment, and services under the control of a member city. 4. BOARD. The Board shall consist of three (3) primary voting members and three (3) alternate voting members: One member of the council of each city shall serve as a primary member to the Board. Only members of the city councils shall be eligible to serve on the Board as a primary member. Each member city may appoint one alternate to represent their city when the primary member is unable to attend a Board meeting. Alternate members may be either a Council member or staff member from the member city. Member cities shall maintain their own responsibility for the appointments of primary and alternate members to the Board. The city appointing a primary or alternate Board member may remove the member at any time with or without cause, except that any primary member who shall miss three (3) consecutive Board meetings may no longer serve as a member of the Board, which shall cause the appointing city to appoint a new primary member. The Board shall have the following officers: Chair, Vice Chair, and Secretary. On June I in 2002, the Board shall rotate officers in the order of the Chair to Secretary, Secretary to Vice Chair, Vice Chair to Chair. On January 1, 2003, officers shall rotate and thereafter the rotation shall occur on January 151 of each year. This officer rotation shall occur unless otherwise voted upon by a majority of the primary Board members. A primary Board member may decline to accept a particular officer's seat, at which time the Board shall hold elections for all of the officers' seats. A majority of Board members shall constitute a quorum for the transaction of business. At least two primary Board members must be in attendance at any Board meeting. In no case, will two or more alternate Board members meet for the purpose of transacting Board business. If the appointed alternate is a staff member, the member city making the appointment may limit the matters on which the alternate member may vote by filing a written notice of the limitations with the Board. The limitations may be withdrawn or amended by filing an amended notice with the Board. Vacancies for unexpired 7257.13 (RL) RNK:rll7/16/2002 2 /~/~ terms of office shall be filled by the appointing authority. The Board shall carry out the purposes of this Agreement and operate the ambulance service ("the program"). The Board shall act by majority vote. 5. MANAGEMENT COMMITTEE. The Management Committee shall consist of two staff members from each member city: the City Administrator and Police Chief from Apple Valley, the City Administrator and Human Resource Director from Farmington and the City Administrator and Finance Director from Lakeville. The Management Committee shall meet monthly or more often as determined by the Committee. The Committee shall be responsible for administration of the ambulance service, carrying out the performance evaluation process for the Ambulance Administrator and Director of Operations. review claims for payment consistent with the Board's adopted budget, recommend to the Board hiring, discharging, and disciplining el11plovees,,and direct the wo~k of the ~_anl!g_e!T!eI1t ~o~t!e~ _/ / / Chair, subject only to the direction of the Board. 6. MANAGEMENT COMMITTEE CHAIR. The city administrators from the three member cities shall serve as Management Committee Chair on a three year rotating term in the following order: City of Farmington, City of Lakeville, City of Apple Valley. The City Administrator next in line to be the Management Committee Chair shall be the Vice Management Committee Chair. The Vice Management Committee Chair shall act in the absence of the Management Committee Chair. The Vice Chair shall serve a three (3) year term. The Administrator of the ambulance service shall report to the Management Committee Chair and shall follow the Chair's direction subject only to the direction from the Management Committee and the Board. 7. AMENDING THE JOINT POWERS AGREEMENT. The Board may recommend to the Cities amendments to the Joint Powers Agreement. Amendments to the JPA shall be introduced at regular Board meetings by appointed Board members only. City staff members serving as alternate Board members may not introduce or vote on JP A amendments. Amendments to the JP A shall be introduced at a regular Board meeting for discussion only and may not be voted upon until the next regular Board 7257.13 (RL) RNK:r07/16/2002 3 / Deleted: and hire, discharge and discipline et11>loyees. except the Administrator of the Ambulance Service and non-union employees, make recorrrnendations to the Board concerning the hiring, discharge. and discipline of the Administrator to Ibe Ambulance Service and non-union employees, /cR /7 meeting. At the second reading of a JPA amendment, the Board shall act by majority vote to approve or deny any and all amendments to the JP A. Upon passage of a vote to amend the JP A by the Board, shall be cause to send an amended draft document to the member cities for formal ratification. All member cities of the A.L.F. Ambulance must formally ratify the amended JP A as presented to constitute passage. Upon unanimous passage by all member cities and duly authorized signatures affixed, the JP A shall be considered amended. By unammous vote, the Cities may also amend the JP A without the recommendation of the Board. 8. AMBULANCE SERVICE. The ambulance serVIce shall consist of a life support transportation service meeting or exceeding the minimum requirements of an advanced life support service as set forth by Minn. Stat. ~ 144.804, ~~. The service shall include the operation of at least one ambulance unit operating on a 24-hour, 365 day per year basis. The Primary Service Territory of the service, as defined by Minn. Stat. ~ 144.801, shall consist of the municipal boundaries of the Cities and parts of the following townships: Empire - Sections 1 through 36 (excluding the City of Coates) all in Township 114 North, Range 19 West, Dakota County, Minnesota; Eureka - Sections I through 36 all in Township 113 North, Range 20 West, Dakota County, Minnesota; Castle Rock - Sections 2 through II, Sections 14 through 23, and Sections 26 through 35, all in Township 113 North, Range 19 West, Dakota County, Minnesota. The ambulance service shall further consist of support services necessary for proper operation. Support services shall include, but not be limited to, emergency dispatch, billing, record keeping, housing, and finance. 9. FINANCE. A. The Cities shall make financial contributwns to operate the program. Contributions / 1 Deleted: Operating shall be payable to the ~~a!g if! 9Lia.rt_eIly jns!a]l!,!ep!s_ on_ ~rJ)_ef~r~ !he_ f}r.s! gay_ of)al)lla!Y,_~1>.ril,- !uh,_, / / and October, or as otherwise approved by the Board. Contributions of that part of the operating budget not 7257.13 (RL) RNK:r07/16/2002 4 /~/~ met by grants, fees, and/or donations shall be based on a ratio of each city's population to the total populations of the three cities. On or before July 1 of each year, the annual operating budget for the following calendar year as recommended by the Board shall be submitted to each member City Council for approval or disapproval. No action within seventy-five (75) days shall constitute approval. The budget shall set forth projected expenditures, service fees, city contributions, and other revenues necessary to operate the ambulance. Additional contributions, either real or in-kind, may be accepted. B. The budget may provide for a refund equal to or less than the net financial contributions provided by the Cities in prior years. The respective member city's refund shall be based on the pro rata share of the respective member city's net financial contribution since A.L.F.'s inception compared to the total net financial contributions of all the Cities since A.L.F.'s inception. C. The budget may provide for the cash reimbursement of public resources. D. The Board may not spend money in excess of the total approved budget. The Board may, if necessary, request additional contributions from member cities. E. The Board may not borrow money without the advance written approval of all member cities. When approved by all the member cities, a certificate of indebtedness may be issued by the Board on behalf of the collective members to this Agreement or, in the alternative, a member city may issue such certificate with all approving members being liable for the debt so incurred pursuant to Paragraph 12 of this Agreement. F. The City of Lakeville shall act as fiscal agent for the Board and shall maintain a separate fund for the purpose of operating the program. The City of Lakeville is authorized to pay claims approved by the Administrator of the Ambulance Service or the Management Committee Chair prior to review and approval by the Boar~ .. 7257.13 (RL) RNK:r07/1612002 5 / -{ Deleted: Management Committee /~/9 G. The Board shall purchase equipment and supplies for the program through procedures which are most beneficial to the program. Contracts let and purchases made under this Agreement shall conform to statutory requirements applicable to the Cities. H. At the end of each calendar year, the Board shall cause an audit to be performed of funds expended and revenues received during the previous year. A copy of the audit shall be made available to the Cities by July I of each year. The audit shall be in a form such that it can be readily compared to the annual operating budget. 10. CONTRIBUTIONS OF FACILITIES BY CITIES. A. Each city shall, after receiving the recommendations of the Board, determine which of its Public Resources will be available to the Board. B. Each city shall maintain public liability Insurance coverage on the Public Resources made available for the program. C. Public Resources will be promptly returned to the city that provided the Public Resources upon that city's withdrawal from the Agreement. 11. PERSONNEL. The Board shall establish standards and qualifications for its personnel. The Board shall have the authority to hire, discharge, and discipline the Administrator of the Ambulance Service and all non-union employees, and establish the terms of employment for them. A.L.F. Ambulance personnel shall be deemed employees of A.L.F., not of the member cities. 12. NONDISCRIMINATION. A. A.L.F. Ambulance service shall be available for use without regard to race, color, creed, religion, national origin, and without regaru LV sex, age, disability, public assistance status, or sexual orientation, except as may be necessary as a bona fide requirement of a specific service. B. No applicant for employment or employee hired pursuant to this Agreement shall be discriminated against with respect to that person's hire, tenure, compensation, terms, upgrading, 7257.13 (RL) RNK:rtl7/16/2002 6 /.;; ~O conditions, facilities, or privileges of employment by reason of race, color, creed, religion, national origin, age, sex, disability, public assistance status, or sexual orientation, except as may be based upon bona fide occupational qualifications. 13. INSURANCE. The Board shall take out and keep in full force the following minimum insurance coverage: Amount $1,000,000 $1,000,000 Statutory Coverage Comprehensive General Liability Medical Malpractice Worker's Compensation 14. DEBT AND TORT LIABILITY. A. Debt. The Cities shall be responsible for all debts, expenses, and liabilities, excluding debts, expenses, and liabilities incurred as a result of tort liability, incurred in the operation of the program prior to their withdrawal from this Agreement in accordance with the following formula: Individual City's Total Required Contribution (excluding Public Resources) Total Required Contribution of all Member Cities (excluding Public Resources) Percentage of Liability Contribution calculations shall be made as of the dates the debt or liability is incurred. B. Tort Liability. To the extent there is no insurance coverage, the Cities shall be liable for all debts, expenses, and liabilities incurred as a result of tort liability in accordance with the formula set forth in paragraph .l1(M .9Hhis ~gre~l!:lt::n_t _ 15. DURATION. A. Any city may withdraw from this Agreement on December 31 of any year. Written notice of termination must be given to the other cities at least six (6) months prior thereto. B. In the event of written notification to withdraw, the remaining cities shall meet to consider modifying the Agreement to continue without the withdrawing city or to terminate. In the event 7257.13 (RL) RNK:r07/16/2002 7 / { Deleted: 12 /d~/ of termination, all surplus funds shall be distributed to the Cities in proportion to the amount contributed over the lifetime of the Agreement. Property obtained under this Agreement shall be distributed to the Cities in the same manner. If the remaining cities continue this Agreement, the withdrawing city shall not be given any distribution, except its own Public Resources, until the other cities agree to terminate. C. Each individual city agrees to maintain in force comprehensive general liability insurance equal to or greater than the maximum liability for tort claims under Minn. Stat. ~ 466.04. If any city is notified that its insurance is cancelled, it will immediately notify the other cities in writing. If any city is unable to obtain or keep in force at least the minimum coverage required by this paragraph, any city may withdraw from this Agreement after giving the other member cities at least thirty (30) days written notice of its intent to withdraw. 16. PRIOR AGREEMENTS SUPERSEDED. This Agreement supersedes and repeals all prior agreements among the Cities related to ambulance service. IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed by their respective duly authorized officers. Dated: CITY OF APPLE V ALLEY BY: Its Mayor AND Its Clerk 7257.13 (RL) RNK:r07/16/2002 8 /d~t?, Dated: CITY OF LAKEVILLE BY: Its Mayor AND Its Clerk Dated CITY OF FARMINGTON BY: Its Mayor AND Its Administrator/Clerk 7257.13 (RL) RNK:r07/16l2002 9 I de:;{ "A City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7F TO: Mayor and City Council FROM: Ed Shukle City Administrator SUBJECT: School and Conference DATE: August 5, 2002 INTRODUCTION . As a member of the International City County Management Association (ICMA), 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 ofthe 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 REOUESTED Approve attendance at the annual ICMA conference to be held in Philadelphia, Pennsylvania September 28-0ctober 2, 2002 for the City Administrator. / QJay City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ~ TO: Mayor, Council members, City Administrator <t:~. FROM: Robin Roland, Finance Director SUBJECT: Fire Relief Association Pension Request for 2003 DATE: August 5, 2002 INTRODUCTION The Farmington Fire Department Cataract Relief Association has submitted its request for the 2003 pension benefit and municipal funding for that organization. DISCUSSION The Board of Directors met on July 31, 2002 and approved a request to the City of Farmington to maintain the annual benefit at $3,000, effective January 1, 2003. The City's contribution to the Fire Relief Association in 2003 is proposed at $55,000. BUDGET IMPACT The City's proposed 2003 Budget will include a $55,000 Fire Levy. ACTION REQUIRED Approve the amendment to the Fire Relief Association by-laws maintaining the annual pension benefit at $3,000 effective January 1, 2003. ReSPOCAbmiq ~Iaoo~ Finance Director )QJQlS" Date: July 31,2002 To: Robin Roland, Finance Director From: Farmington Fire Department Cataract Relief Association Subject: Association Pension Request for 2003 The Board of Directors of the Farmington Fire Department Cataract Relief Association met on July 31, 2002 to discuss the 2003 pension request. It was approved by the Board to remain at the $ 3,000.00 per year. The city's contribution would be $55,000.00 If you have any questions please feel free to contact President Bill Sauber, Treasurer Jay Clinkscales, or myself Thank you. Respectfully submitted, ~[.)j~ Thomas E. H~sh Secretary c.c. Eti-Shukle, City AdmiBistfator Cataract Board ofDirectdrs File /~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor & Councilmembers FROM: Ed Shukle, City Administrator SUBJECT: Supplemental Agenda DATE: August 5, 2002 It is requested that the August 5, 2002 agenda be amended as follows: CONSENT AGENDA 7 (i) Adopt Resolution - Gambling Event Permit - Senior Class 2003 - Administration The 2003 Senior Class is requesting a gambling event permit at the Eagles Club. AWARD OF CONTRACT 9 (a) Adopt Resolution - TH3 and Willow Street Frontage R.oad Project - Engineering A low bid of $229,062.94 was received from McNamara Contracting for the TH3 and Willow Frontage Road improvement project. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~' TO: f~. Mayor, Councilmembers and City Administrator . FROM: Karen Finstuen Administrative Services Manager SUBJECT: Gambling Event Permit - Senior Class 2003 DATE: August 5, 2002 INTRODUCTION The 2003 Senior Class is requesting a Gambling Event Permit at the Eagles Club, 200 3rd Street. DISCUSSION Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. The 2003 Senior Class is requesting approval to conduct gambling activity at 200 3rd Street. The appropriate application and fees have been received and the application has been reviewed by the City Attorney. BUDGET IMPACT Gambling fees are included in the revenue portion ofthe 2002 budget. ACTION REQUESTED Consider the attached Resolution approving a Gambling Event Permit at 200 3rd Street. Respectfully submitted, l~~ Karen Finstuen Administrative Services Manager RESOLUTION NO. R -02 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR SENIOR CLASS 2003 Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of August 2002 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.213, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the 2003 Senior Class has submitted an application for a Gambling Event Permit to be conducted at 200 3rd Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the 2003 Senior Class to be conducted at 200 3rd Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of August 2002. Mayor Attested to the day of 2002. City Administrator SEAL ~CL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Council MeIJi'>)rs, City Administrator -~,. Lee Smick, AICP \{/(>(.., Planning Coordinator FROM: SUBJECT: Conditional Use Permit: Excavation, Grading and Mineral Extraction - Helen M. Huber Property DATE: August 5, 2002 INTRODUCTION Friedges Landscaping, Inc. has requested a Conditional Use Permit for the Excavation, Grading and Mineral Extraction on the Helen W. Huber property at 210th Street and Fairgreen Avenue. DISCUSSION The Planning Commission reviewed and recommended approval of the permit on July 9, 2002. The Huber property was granted a Conditional Use Permit by the City Council for mineral extraction on March 6, 2000. The approval was contingent upon the following item: 1. That a cleanup of the property be performed as stated in the letter dated February 29, 2000 by June 15,2000. The letter (see attached) discussed the removal of roofing debris, vehicles, unusable fish houses, unusable farm machinery, and all other debris or unsuitable material on the property. Because the original completion date was passed without cleanup occurring by the date of June 15,2000, the Conditional Use Permit was considered void. The mining operation has remained closed. The cleanup of the property was recently completed on June 21, 2002 and has met the cleanup requirements stated in the February 29, 2002 letter from Mr. Huber. Therefore, the operator, Friedges Landscaping, Inc. has reapplied for a mining permit to begin operation of the mining pit on August 6, 2002 and end operations on August 6, 2003. Since the original mining permit was terminated, the owner/operator is required to apply for a new permit. This requires that the Planning Commission make a recommendation to the City Council concerning the application. The City Council holds the public hearing for the permit. Friedges Landscaping, Inc. proposes to extract fill material, back haul topsoil for future restoration, perform crushing operations to the stockpile of concrete on the property, and remove the crushed concrete from the site. The Planning Commission and City Council previously approved the extraction of fill and the crushing operation. / O?.;? <i? Friedges Landscaping, Inc. proposes to complete the extraction of fill by the Spring of 2003 and begin reclamation of the property. The crushing operation will take 5-6 days to complete once the crushing begins. The crushing operation needs to comply with Section 3-22-15 concerning noise. The noise level at the perimeter of the site needs to be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. Hauling operations shall be performed during the hours established by the City Council. The operator proposes the hours of operation from 7:00 AM to 5:00 PM Monday through Saturday. Operators are required to utilize all practical means to eliminate vibration from the equipment used in the operation. Operators also need to reduce the amount of dust, smoke, and fumes caused by the operation. The crushing operation will be performed inside of a cone, thereby reducing the amount of noise typically generated from this type of operation. Additionally, by crushing the concrete inside of the cone structure, the amount of dust is reduced. Background of the Huber Mining Pit The Huber mining pit has been in operation since the City Council approved the first application on June 8, 1994. Annual renewals for mining of the Huber property have been approved since December of 1994 to December of 1999. The engineering division has reviewed the permit application and recommends approval of the proposed operation. ACTION REQUESTED Approve the Conditional Use Permit for Excavation, Grading and Mineral Extraction Permit for the Huber property. ResPd~ Lee Smick, AICP Planning Coordinator cc: Curt Huber, 20655 Holiday Avenue Lakeville, MN 55044 Friedges Landscaping, Inc. 9380 W. 20200 Street Lakeville, MN 55044 /d~9 SUBJECT PROPERTY----- ~ I I !I' II W. >1 <I uJll u..;11 ~t---- U) ~Ii :Sil LJ..:l II ill \ \ I Subject Property' ~ J :~. I ~.~ ; I 1 SI.W-J . z: WI Wi 0:::: C)I ,,: <! u..: ~~ K' 'e-=. .-'-1" . .c". 0 L~_J - i ! I ~ ~ I I ! :<r1 I I ~ I ,L i ~ 1 r j ~ I ; . I :j: ! ; ! :, I I' , lev J!~ I / L .,0 o ,.. I ^ :J I o I cr ;;o~ ---1 1UJ N W*E D I---. i I W I s >..~-'- -.'.._'.' .:....:.:..':":.",:;:.:',--:,.::.:._:-:--::::-~.:.::.:.-:.:-.: /.;;30 February 29, 2000 J ~: ~~: ~i~ ;0- Lee Smick, Planning Dept. CITY OF FARMINGTON 325 Oak Street Farmington, MN 55024 Re: Huber Mining - Extraction Huber property cleanup (rooting debris, vehicles, fish house, etc.) Dear Lee: We have come up with a schedule that we feel is workable to dean up our property to meet City specifications. Items of concern are: I. Roofing Debris - shingles, flat roof materials, rubber membrane. These will be taken to a qualified landfill. 2. Vehicles - old cars, pick-ups. These will be taken to an automotive recycling center. 3. Fish Houses and Old Structures. Unusable will be burned or removed from site. Usable fish houses will stay on site. 4. Fann Machinery - usable machinery will be left on site, unusable will be removed. 5. All other debris or unsuitable materials will be disposed of properly. This cle;mup will begin in spring as weather permits and will be completed by June 15,2000. If you have any questions, please contact me or Todd Brennan ofFriedges, Inc. Thank you. Sincerely, iN ILfi lPW.{1. ~.-^ Curt Huber Representing Huber Property /~3/ Council Minutes (Regular) March 6, 2000 Page 3 e Consider Conditional Use Permit - Excavation, Grading, and Mineral Extraction - Helen M. Huber Estate Friedges Landscaping, Inc. has submitted an Excavation, Grading and Mineral Extraction application for continued mineral extraction of the Helen M. Huber property at 210th Street and Fairgreen Avenue. Friedges proposes to extract fill, back haul topsoil for future restoration, stockpile concrete from projects for future crushing, and extract an existing crushed concrete stockpile from previous crushing activities. The City received the renewable annual permit for the Huber mining pit on January 19,2000. In November of 1999, Mr. John Tschohl who owns property directly to the west of the Huber property requested that the City review the Huber site for code violations for the storage of junk vehicles and miscellaneous junk on the property. City staff inspected the mining pit in November of 1999 and found that concrete from the CSAH 50 project continues to be stored on the site. Additionally, rubbish was located in the southern pit area, which needs to be removed regularly. The Planning Commission recommended approval of the mining permit contingent on the submittal of a schedule to clean up the property. The City received a letter on February 29, 2000 from Curt Huber, that states the clean up will begin in the spring and will be completed by June 15, 2000. The hours of operation will be Monday through Friday from 7:00 a.m. to 5:00 p.m. and Saturday from 9:00 a.m. to 5:00 p.m. Mr. Todd Brennan stated the City has been very good in supplying him the information necessary to do this. He thanked Lee Smick for her assistance and good communication. MOTION by Soderberg, second by Strachan to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the Conditional Use Permit for Excavation, Grading and Mineral Extraction Permit for the Helen M. Huber Estate contingent on the completion of the" clean up of the items mentioned in the February 29, 2000 letter by June 15,2000, on the proposed hours of operation and adherence to engineering requirements. APIF, MOTION' CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2001 Budget - Council Fiscal Goals At the beginning of each fiscal year, Council reviews and adopts budget goals that will be used by staff to develop a balanced budget document for the following fiscal year. A review of the budgeting process and financial goals were discussed. MOTION by Strachan, second by Soderberg to adopt the 2001 Fiscal Goals. APIF, MOTION CARRIED. b) 2000 Streetscaping Project - Schedule Council Workshop Date Bids for the Streetscaping Project were received on February 17,2000. Given the complexity of this project, and the fact that a number of original design assumptions for this project have changed since the feasibility study, the need to / ~3c;< PLANNING COMMISSION MINUTES Regular February 8, 2000 1. Chair Rotty called the meeting to order at 7:00 P.M. Members Present: Rotty, Larson, Johnson, Privette, Barker Members Absent: None Also Present: Planning Coordinator Smick, Associate Planner Schultz 2. Chair Rotty requested comments for the approval of minutes for the December 14, 1999 Planning Commission meeting. There were none. MOTION by Larson, second by Johnson. YES: Larson, Johnson, Rotty; NO: None; ABSTAIN: Privette, Barker Chair Rotty requested comments for the approval of minutes for the January II, 2000 Planning Commission meeting. There were none. MOTION by Johnson, second by Larson. YES: Larson, Johnson, Rotty; NO: None; ABSTAIN: Privette, Barker 3. Rotty recognized the request of Astra Genstar Partnership to continue the public hearing for the Charleswood 3rd Addition to the February 23, 2000 meeting in order to complete necessary changes to conform to the City's Wetland Ordinance. 4. Chair Rotty opened the scheduled public hearing for a Conditional Use permit - Extraction, Grading and Mineral Extraction at the property located 5827 W. 210th Street. Lee Smick presented the staff report. Smick stated that the applicant, Friedges Landscaping, Inc., Lakeville, is seeking to continue mining on the site. Smick stated that staff inspected the site in November of 1999 and found that the operation was meeting the requirements of the City Code, however concrete was found stored on the site from the reconstruction of the C.S.A.H. 50 project. Todd Brennan, Friedges Landscaping, replied that they are planning on removing the concrete off site. Mike Devney, 212th Street: Voiced concerns of when the operation would be completed and maintenance of the gravel road (Fairgreen Ave). Todd Brennan replied that they project that the pit will be in operation for only one more year and that they are required to maintain the road. Discussion pursued between the Commission and the applicant over the operations of the mining pit. /c:?33 . <. '-_- ~ - ~ . . -__-::,._~~c:::::._-.,...":.-.":,~~._=._::.~="".~-_-~-_-. -.--. Planning Commission Minutes Regular Meeting February 8. 2000 soon, dates may be dependent of the property is taken out of probate. The Commission understood the possible delays. MOTION by Larson, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Larson to approve the Conditional Use permit- Extraction, Grading and Mineral Extraction contingent on the following: a) A clean-up plan of the property be submitted to staff for approval; b) The applicant submit a reclamation plan for the site; c) Maintenance of roads be continued by Friedges Landscaping, Inc. APIF, MOTION CARRIED. 6. There being no further discussion the Commission agreed to adjourn. Respectfully Submitted, Michael Schultz Associate Planner Date Approved ',,--. < 3 /d3Y .. . ~..-, .-._._._---~.-,..-.,...--~.,...~--_...- ...< ~.... "'~'f':".~~ . .. I' '. -~ I$~D[3[QJ@3[g~, INC. :\IATING. UTILITY & LANDSCAPE CONTRACTORS 9380 W. 202nd Street . Lakeville. MN 55044 Phone: (952) 469-2996 .. Fax: (952) 469-1755 October 17,2001 Karen Finstuen Administrative Services Manager City of Farmington 325 Oak Street Farmington, MN 55024 Re: Huber Mining Permit Renewal Dear Karen: Enclosed please find a completed application for Excavation, Grading and Mineral Extraction, Surety Agreement, and Report of Amounts Removed/Replaeed for 2001, along with the required bond and a check in the amount of$150.00 as requested to renew our permit for the Huber pit located at 210th Street and Fairgreen Avenue in Farmington. You may contact me at 952-469-2996 with any questions. Todd Brennan TB:Irw Ene. /~.35 ____ ._.. _ __ _ _ ~ _ ____r____"-:_._____.___ -.,.----____.__ . "~___"'__'r_'__'_____.___~__'._..__" ,.-. ." ... ; CITY OF FARMINGTON EXCAVATION, GRADING AND MINERAL EXTRACTION APPLICATION Date August 6. 2002 Type No. Name of Applicant Friedges Landscaping. Inc. Phone (952) 469-2996 Address 9380 202nd Street W Lakeville. MN 55044 Location of Operation 5827 West 210th Street Farmington. MN 55024 Name and Address of Land Owner Lew Wurdeman 5827 W 210th Street Farmington. MN 55024 Dimensions of area in which work will take place See Attached Plans Maximum depth of excavation 20 feet Maximum height offill -0- Lower Change in site elevations Hill ft; Estimated quantity to be moved: In 5.000Y ds Out 15.oooY ds Date operation will start August 6. 2002 Date operation will end August 6. 2003 Normal days of operation Monday thru Saturday Hours 7:00 a.m. to 5:00 p.m. . Does applicant plan to: 1. Fence the operation? Should not need 3. Post warning signs? Yes 4. Arrange for proper drainage? Yes 5. Arrange for noise suppression? Will Not Need - Make Observations 6. Observe a buffer from boundary lines? Yes -15' to 20' 7. Repair streets damaged from operation? Blade road - rock if needed 8. Furnish before and after topos? If required 9. Furnish a bond to the City? Yes 10. Furnish a Certificate ofInsurance? Yes Fee: Based on schedule of fees under Resolution R_: $ through valid from ~~ -0-/! Ignature of Applicant August 6. 2002 Date Application (approved, denied) by the City Council this 20 day of City Clerk Date /a3~ ,. SURETY AGREEMENT FOR MINING EXTRACTION PLAN AGREEMENT dated this 6th day of August . 20 02 by and between the City of Farmington, a Minnesota municipal corporation (City) and Friedges Landscapine:. Inc. (The Operator). WHEREAS, the City has approved the Operator's plans and specifications for said mining and/or excavation subject to the conditions setforth below. NOW THEREFORE, in consideration of the above and other good and valuable consideration, the Parties hereby agree as follows: The Operator agrees to construct such required improvements according to the provisions of the plans and specifications attached as Exhibit "A" and incorporated herein by reference. The Operator agrees to dedicate such property or easements as Designated in Exhibit "B" attached and incorporated herein by reference. The Operator, further agrees to comply with all such additional conditions, as may have been, established by the City in Exhibit "C", which is attached and incorporated herein by reference. To guarantee completion and compliance with the terms of this Agreement the Operator shall furnish the City with a cash escrow or irrevocable letter of credit from a bank for $ N/A This Agreement and surety is provided to guarantee completion and compliance with the terms set out in this Agreement within the time period established by the Planning Commission. Both the bank and the form of the letter of credit shall be subject to the approval of the City Administrator. The security shall be for a period /a3"7 :,,--;,"::~""~...,~.--::::-.~~,,:-~.~~-::'~:-.-'-::-:-;--::-~~<-:~::;;':~-:-~:;-:<::"";-- ......."'!"'. ending Au~st 6. 2003 . If the required improvements are not completed, or the tenns of the Agreement are not fully satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City in its' sole discretion may draw down the security, without any prior notice, and for any violation of this agreement. The City may review annually the adequacy of the bond, surety or letter of credit. The City reserves the right to at anytime direct the amount of the bond or the letter of credit to be increased to reflect inflation, changed conditions, or compliance with this Agreement. wrheo~ By~ / .. City of Farmington, By: It's Mayor By: It's Clerk /c:?3~ ,-,_',~--,"":;"."':."-"---"':-::-:7':~Y:-~~'~~~~~~;'~":'"~,--::""",:~"".:,--:,-:".:': . ~" , Dear applicant, Your original permit was approved with a specific condition outlined in a memo by the City Engineer at the time it was granted. "The contractor shall provide the City with monthly reports that identify the quan- tity of materials removed and/or placed in the excavation. " Please complete this form and return it with your renewal application. This is a necessary condition before a renewal can be granted. Amount of Material Removed (check) Replaced (check) Monthly Total (indicate month) _January 2002 February 2002 - - _March 2002 _ April 2002 _May 2002 June 2002 _July 2002 _Aug 2002 _Sept 2002 Oct 2002 _Nov 2002 Dec 2002 -0- -0- -0- 210 250 2513 140 N/A N/A N/A N/A N/A x -- _x_ x -- _x_ Permit Operator/Company Location of Mining/Grading Date_August 6, 2002 Friedges. Inc. 5827 West 210th Street Please return with your renewal application, fee and surety agreement by Thank you. city of Farmington 325 Oak Street Farmington, MN 55024 Wurdeman /Q?39' - .. Merchants Bonding Company 2100 FLEUR DRIVE, DES MOINES, IOWA 50321-1158 LICENSE AND PERMIT BOND BOND No. MN21917 Know All Men By These Presents: That we, Friedges Landscaping., Inc. of the City of Lakeville , State of Minnesota , as Principal, and the MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State of Minnesota , as Surety, are held and firmly bound unto the City of Farmington, 325 Oak, Farmington, MN. 55024 ,Obligee. in the penal sum of Fifty Thousand And No/IOO ($ 50,000.00 ) DOLLARS, lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas, the said Principal has been licensed to do Gravel Mining at the Huber Pit per Gravel Pit Use Pennit by the said Obligee. NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until unless renewed by Continuation Certificate. October 15th 2002 This bond may be terminated at any time by the Surety upon sending notice in writing, by certified mail, to the clerk of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political Subdivision named herein, and at the expiration of thirty-five (35) days from the mailing of said notice, this bond shall ipso facto terminate and the surety shall thereupon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this 15th day of October 2001 Friedges Landscaping, Inc. 4--t d- Principal LP 0206 (12195) Principal Attorney-In-Fact /dVO _''-:.c.:..~ "c ~ .':'-.'~ '.'::. -'_.:'':::~''''~~_-''_~~_'''--d'_'_ .~_'__'_"'...";W..~~~-:~ - __ - ______u._ " CORPORATE ACKNOWLEDGMENT ~~";;:?/o0/2i!}/i1f: j On the 1 October 2001 , before me personally appeared, to me, who being duly say: that s1he reSIdes in that s1he is the of the Friedges Landscaping. Inc. e corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order. (SEAL) !ik~,/u ~-f?) ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Dakota On the 15th day of October 2001 before me personally appeared, M. A. Jones to me known, who being duly sworn, did say: that s/he resides in the City of St. Paul, MN that s/he is the aforesaid officer or attorney in fact of Merchants Bonding Company (Mutual) a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL ~~/~.~J~ /d</I Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Pensons By These PIwsent8. that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the Stat. of Iowa, and having lis principal ofIIce in the City of Des Moines, County of Polk, StaIB of Iowa, hath made, constituted and appcinted, and does by"" presents maKe, constitute and appoint Littoal!:. S. FIeld, Jr., M, A. JODes, F. E. Lamuteia fA St. Paul and State at Minnesota lis true and IawtuI AIIDmey-in-Fact, with fuI power and authority hereby OOldlmed n lis name, place and stead, to sign, execute, adcnowIedge and deliver In lis behalf as surety any and aM bonds, undeftalcings, rec:ogn~ << other written obIigallons in the nature "-1', subject to the IImIlalIon thlIt any such Instrument shal not exceed the arnowlt of: F'IVJ!: MILLION (55,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same lIXtent as if sud! bond or undertaking was signed by the duly authoftz8d ofIIcers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts at said Attorney-in-Fact, pursuant to the authority henlin given, are hereby ratilled and conlIrmed. this power-of-AtlDmey Is made and ex8cuted pursuant to and by authoritY of the foHowIng Amended Subslltuted and Reststed By- Laws adopted by the ao.cs of OhCIors of 1he MERCHANTS BONDING COMPANY (MUTUAL) on October 3,1992.. ARTICLE 11, SECTION 8 - The Chairman of the Board << President << any Vice President << Secretary shal have power and authority to appoint AtlomeylH1-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company th-.to, bonds and undertakings. recognizances, contracts at indemnity and other wrillngs obIgatory in the nature thereof. ARTICLE 11, SECTION 9 - The slgnature of any authorized ofIIcer and the Seal of the Company may be aflIxed by facsimile ,. to any Power of Attorney or Certification thereof authorizing the executiOn and delivery at any bond, undertaking, recognizance, or other suretyship obIigallons at the Company, and such signature and seal when so used shaH have the same force and effect as though manuaHy fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and lis corporate seal to be h_to affixed, this 7th day of May ,200 1 . ........ .' \\\6 Co ". ... ~~,."".'.~..o" :~"t;)"POII';',~,. -OJ:~ "".;..c.. .....:.::: -0- !:~_: 'Z' -'3: . 4~ 1.33 :: -.L... .4:::'. .-.o:"~'. ...:::.r. · .....6:. .....,-. ... ~i;'''' "''\.'\~.' .. tr . ....... MERCHANTS BONDING COMPANY (MUTUAL) STATE OF IOWA COUNTY OF POLK 55. ~~7~ Prusident On this 7th day of May I 200 1 . before me appeared Lany Taylor, to me personally knC7tVll, who being by me duly swom did say that he.ls President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation delIcribed In the ftngoillg instn.ment. and that the Seal affixed to the said instrument Is the Corporate Seal of the said CorporatIon and that the said Instrument was signed and sealed In behalf of said. Corporation by authority of lis Board of Directors. In Testimony Whereof, I have tweI.I1tD set my hand and afIIx8d my 0fIIciaI Seal at the City at Des MoInes, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. ........ . ... . ... .- iI~' lfeC -. .. ~.~ <~.. ...,,- '\...... :~! ,"': : .\. IOWA! : . :. -1t-'\ ~...,. --_ OJ- '..-" of(,~ l -.. .....'A\. ~ .-- ........... ~ (JJ~ Ntbty Pub/k:, Polk CoLllly. .vwa 1, WiIlam Warner, Jr., Secretary at the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing Is a !rue and ccrrect copy d the PO'M:R-OF-ATTORNEY executed by said MERCJWfi"S BONDING COMPANY (MUTUAL), which Is sill In force and effect. In WIness Whenlaf, I have I1enIuntD sc my hand and BfIlxed 1he seal of the ~ on this 15th dtiJ!faf October ' 2001 ~...~G.CO.... . ~~~.......'+..o" ..~..~"POII:;..~.. : fIJ:'~ ~..;..c.~ :~:- -0- a:........ . ~~. 1'33 ::: ~~"" ...~: · ....6:. .....t::::'. .'. :ii;........~~.. .. tr . ....... ~4A.~~~. Secr8tery M5C 0814 tm8l /e:<Yd? .." . .... ,.-._- . . .__ _,_. ~ . _ ~""4",.."',~ :w..... ., ,~'-~:.. _.~... "-,,"" ,c- .'_ _,...-___ -----_._~...~-- 3-22-1 'SECTION: 3-22- 1: 3-22- 2: 3-22- 3: 3-22- 4: 3-22- 5: 3,-22- 6: 3-22- 7: 3-22- 8: 3-22- 9: 3-22-10: 3-22-11 : 3-22-12: 3-22-13: 3-22-14: 3-22-15: 3-22-16: 3-22-2 CHAPTER 22 EXCAVATIONS AND MINING Purpose and Intent Definitions Permit Required Exemptions From Permit Requirements Applications for Permits; Procedures, Contents of Applications . Council Review and Approval of Overall Plan; Function of Renewable Annual Permits Termination of Permit Annual Permits; Renewal; Conditions Issuance of Permit Imposes No Uability on City and Relieves the Permittee of No Responsibilities, etc. Fees Performance Bond or Irrevocable Letter of Credit Standards - Extraction Site Location Fencing Appearance and Screening at the Extraction Site Operations; Noise; Hours; Explosives; Dust; Water Pollution; Topsoil Preservation Rehabilitation Standards 3-22-1: PURPOSES AND INTENT: The purpose of this Ordinance is to promote the health, safety and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for excavation and mining within the City. 3-22-2: ~; ~ DEFINITIONS: The following words, terms and phrases shall have the following meanings respectively ascribed to them: A. Any excavation made by the removal of the natural surface of the earth, whether sod, dirt, soil, sand, gravel, stone, or other matter, creating a depression or depressions. MINE or EXCAVATION: These provisions previously SUPPlemented 772:480:883:584:686:789:891 :".: 1092 , .:.. >.--/ :_1 ---- ---~~~--:-.---.:~ City 0; Farmington /0/<13 ~,-...c..-. 'T:T'__~_.,",._-"'.W -~-,~:,:",~",;-:~~.~"""~-,",.~_",.,.-.:,,,,,';,,~;~':"... 3-22-2 3-22-4 Mine or Excavation (cont.) B. Any area where the topsoil or overburden has been removed for the purpose of mining earthly deposits or minerals. yet the area has remained idle since the topsoil removal. ....-p C. Any area that is being used for stockpiling, storage, and processing of sand. gravel. black dirt. clay and other minerals. OVERBURDEN: Those materials which lie between the surface of the earth and material deposit to be extracted. REHABILITATION: To renew land to self-sustaining long term use which is compatible with contiguous land uses, present and future, in accordance with the standards set forth in this Chapter. TOPSOIL: That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. 3-22-3: PERMIT REQUIRED: Except as otherwise provided in this Chapter, it shall be unlawful for anyone to operate a mine or excavate without having first obtained a written permit from the City authorizing the same in accordance with this Chapter. Mining and excavation operations that predate this Chapter that do not have a permit shall obtain a permit within six (6) months after the adoption of this Chapter. Current permit holders shall come into compliance with the terms of this Chapter no later than the time their annual permit is renewed. ~" 3-22-4: EXEMPTIONS FROM PERMIT REQUIREMENTS: The follow- ing activities do not require a permit under this Chapter: (A) Excavation for a foundation, cellar or basement of a building if a . building permit has beeri issued. (B) Grading a lot in conjunction with building if a building permit has been issued. (C) Excavation by the Federal, State. County or City government which 1092 City of Farmington j .---. ...-'"' I~ 1<1 - . - ~. -. -. - . . - -- .-"---'-'----'--,-....--'---'--'- 3-22-4 3-22-5 ..~-...... is integral to construction or maintenance of roads, highways or utilities. (D) Curb cuts, utility hookups or street openings for which another permit has been issued by the City. (E) Excavation of less than one thousand (1,000) cubic yards in a calendar year. (F) Excavation of less than one hundred (100) square feet of surface area in a calendar year. (G) Excavation or grading for agricultural purposes. (H) Excavation or grading in accordance with development contract approved under the City's Subdivision Ordinance. If the development contract requires that a letter of credit or other security be posted, the letter of credit or other security must be posted before any excavation takes place. (Ord. 092-278, 8-3-1992) (I) Excavation or grading authorized 'by the Public Works Director following preliminary plat approval under the City's Subdivision Ordinance and prior to final plat approval, provided the excavation and grading activities are consistent with plans submitted and approved by the Public Works Director, the applicant has paid the applicable fees and provided adequate surety in an amount and form approved by the Director of Public Works, and the applicant complies with any other reasonable conditions imposed by the Public Works Director. The developer of a plat assumes all risk involved with grading a site before final plat and street and utility plan approval. Any changes to the grading of a site including any corresponding costs necessitated by the resolution of any design issues identified during the approval process of the final plat and street and utility construction plans, are the sole responsibility of the developer. (Ord. 09~-437. 9-20-1999) 3-22~5: APPLICATIONS FOR PERMITS; PROCEDURES, CON- TENTS OF APPLICA nONS: (A) An application for a mine or excavation permit shall be processed in accordance with the same procedures and requirements specified in this Code relating to conditional use permits. However, the hearing shall be held by the City Council following a review and recommendation from the Planning Commission. All applications ',' , ., '\ _/ 1299 City of Farmington /.;?Y5' _...---'~ ---:.._~-..:-~~-~~=-=-.-. 3-22-5 3-22-5 /~ dealing with land in flood plains shall also comply with requirements listed in Title 10, Chapter 10 of this Code. (Ord. 096-375, 7-1-1996) (B) An application for a mine or excavation permit shall contain: 1. The name and address of the operator and owner of the land. 2. The correct legal description of the property where the activity is proposed to occur. 3. A certified abstract listing the names of all landowners owning property within three hundred fifty feet (350') of the boundary of the property described above. 4. Specifications of the following, using appropriate maps, photographs and surveys: (a) The physical relationship of the proposed designated site to the community and existing development; (b) Site topography and natural features including location of watercourses and water bodies; (c) The description and quantity of material to be excavated; . ~---- (d) The depth of water tables throughout the area. 5. The purpose of the operation. 6. The estimated time required to complete the operation. 7. The plan of operation, including processing, nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water. .. 8. Desired haul routes to and from the site. 9. The plans for drainage, water erosion control, sedimentation and dust control. 10. A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate, using photograph maps and surveys where appropriate, the following: I ./ ~:':- 1299 City of Farmington /C;?~~ -. -- -~ ~~_,_~-.!:~=~';=';:"':'_';:':'i';'.""';,;.':_~:,~::::~ ~':_-::.~::-~::i~:~~- 3-22-5 'J 3-22-5 (a) The contour of land prior to excavation, if available, after completion of excavation and after completion of rehabilitation; (b) Those areas of the site to be used for storage of topsoil and overburden; (c) A schedule setting forth the timetable for excavation of land lying within the extraction facility; (d) A timetable for the rehabilitation of land lying within the excavation facility shall be submitted to the City well in advance of the completion of excavation activities; (e) The slope of all slopes after rehabilitation,' based upon proposed land uses, and description of the type and quantity of plantings where revegetation is to be conducted; and (f) The criteria and standards to be used to achieve final rehabilitation as well as intermittent stabilization. 11. A statement identifying the applicant's program to ensure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. (Ord. 092-278, 8-3-1992) , 1299 City of Farmington /~<I? .' --------.. ",-_..... ._.---"::_-~',"":_:~~--.----_.....-,----,-~--.---'-----------.---.-..-,-"- . .___.._______...____..._.. 4~ _. .____._____.....__,__________________ .-0 __ __~ '.' ._,., .._-_~- ,'..,.." ...._....._.,_:'..._...:;:~ '_'-,-,-"-.C-.'._".- _:.,_,...._...,._... c...,...... ".' n___...~_ 3-22-6 3-22-8 3-22-6: COUNCIL REVIEW AND APPROVAL OF OVERALL PLAN; FUNCTION OF RENEWABLE ANNUAL PERMITS: (A) A public hearing shall be held before the Council on each permit application. Notice of the hearing shall be published by the Clerk at least ten (10) days before the hearing. The City Council shall review the permit application and shall approve the permit if it is in compliance with this Chapter, the City's Zoning Ordinance, and other applicable laws, ordinances, and regulations. The Council may attach conditions to the permit approval to promote safety and prevent nuisance conditions. The rehabilitation plan shall only be approved if it is consistent with the uses allowed in the City's Comprehensive Plan and Zoning Ordinance. (B) Implementation of the overall plan shall be by means. of renewable annual permit. The purpose of the renewable permit is to assure compliance with the longer range overall plan and to retain the ability to modify existing or to attach new conditions in accordance with changing characteristics of the site or its surroundings. The City Administrator, after consultation with appropriate City staff. may issue renewal licenses upon satisfactory proof of compliance with this Chapter. If the City Administrator denies a renewal license. the applicant may appeal the decision to the City Council by filing a notice of appeal with the City Clerk within ten (10) days after the City Administrator denies the permit. 3-22-1: TERMINATION OF PERMIT: (A) The material excavation permit may be terminated for violation of this Chapter or any conditions of the permit. No permit may be terminated until the City Council has held a public hearing to determine whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The City Council may establish certain conditions, which if not complied with, will result in immediate suspension of operations until . the public hearing to consider termination of the permit can be held. . (B) It shall be unlawful to conduct mineral extraction or excavation after a permit has been terminated. 3-22-8: ANNUAL PERMITS; RENEWAL; CONDITIONS: (A) Application for renewal of an annual permit shall be made sixty (60) days prior to the expiration date. If application for renewal is not 1092 ,.j/ City of Farmington / c:? Y'7? ::~-~-:o":.-:",~-""-.- - . ...... .....-.------_... .--....-. - d.... ..' .. .. 3-22-8 3-22-11 A) made within the required time, all operations shall be terminated and reinstatement of the permit may be granted only upon compliance with the procedures set forth in this Chapter for an original application. """"\ (B) A permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this Chapter when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this Chapter. When such conditions are established. they shall be set forth specifically in the permit. Conditions may, among other matters. limit the size, kind or character of the proposed operation, require the construction of structures, require the staging of extraction over a time period, require the alteration of the site design to ensure compliance with the standards, require the provision of a performance bond by the operator to ensure compliance with these reguJations in this Chapter or other similar requirements. 3-22-9: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY AND RELIEVES PERMITTEE OF NO RESPONSIBILITIES, ETC.: Neither the issuance of a permit under this Chapter, nor compliance with the conditions thereof or with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this Chapter serve to impose a liability on the City, its officers or employees for any injury or damage to persons or property. A permit issued pursuant to this Chapter does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. 3-22-10: FEES: A schedule of fees for the examination and approval of applications for permits under this Chapter and the inspection of operations for compliance with the conditions of this Chapter and the permit shall be determined by resolution of the City Council, which may, from time to time. change such schedule. Prior to the approval and issuance or renewal of any j:Jermit under this Chapter, such fees shall be . paid to the City and deposited to the credit of the General Fund. :1 t 3-22-11: PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT: Prior to the approval and issuance of a permit, there shall be executed by the operator and submitted to the City Administrator; an agreement to construct such required improvements, to dedicate such 1092 City ot' Farmington ____4 /~Y7 - - -_..,~ ...-...--,-........'r;: >c...~~'7.-f......,..~~._.:"'_.,.~-..._~ 3-22-11 3-22-14 property or easements, if any, to the City and to comply with such conditions as may have been established by the City Council. Such agreement shall be accompanied by bond with surety or condition acceptable to the City Administrator in the amount of the established costs of complying with the agreement. The aforesaid agreement. bond or letter of credit shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time to be approved by the City Council. The adequacy, conditions and acceptability or any bond or letter of credit hereunder shall be determined by the City Administrator. The adequacy of the bond or letter of credit shall be reviewed annually by the City. The City may direct the amount of the bond or letter of credit be increased to reflect inflation or changed conditions. 3-22:-12: STANDARDS - EXTRACTION SITE LOCATION: Operations permitted under this Chapter shall not be conducted within: . (A) Fifty feet (50') of an existing street or highway; (B) Thirty feet (30') of the right of way of an existing public utility; (C) Fifty feet (50') of the boundary of any zone where such operations are not permitted; or (D) Thirty feet (30') of the boundary of an adjoining property not in mining use; or as directed by the City Council. 3-22-13: FENCING: During operations which have received a permit under this Chapter, any area where collections of water are one and one-half feet (1'/2') in depth or more, or where excavation .slopes are steeper than one foot vertical to one and one-half feet horizontal (1:1 '/2)' and any other areas where obvious danger to the public exists, shall be fenced when such a situation has existed or will exist for a period of five (5) working days or longer. The City Engineer shall review such fencing to assure its adequacy. He may waive this requirement or require additional measures based on his judgment and the characteristics of the particular instances.: As an alternative, the City Engineer may require perimeter fencing of the entire extraction site. 3-22-14: APPEARANCE AND SCREENING AT THE EXTRACTION SITE: The following standards are required at the extraction site of any operation permitted under this Chapter: - 1092 \J City 0; Farmington /d;50 3-22-14 3-22-15 (A) Machinery shall be kept in good repair. ""\ (8) Abandoned machinery, inoperable equipment and rubbish shall be removed from the site regularly. (C) All buildings and equipment that have not been used for a period of one year shall be removed from the site. (0) All equipment and temporary structures shall be removed and dismantled not later than ninety (90) days after termination of the extraction operation and expiration of the permit. (E) Where practical, stockpiles of overburden and materials shall be used to screen the extraction. The side slopes of such stockpiles shall not exceed three to one (3: 1 ). (F) The perimeter of the site shall be planted or otherwise screened when such is determined by the City Council to be necessary. (G) Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting of trees, shrubs, and other ground cover along all setback areas. 3-22-15: OPERATIONS; NOISE; HOURS; EXPLOSIVES; DUST; WATER POLLUTION; TOPSOIL PRESERVATION: The following operating standards shall be observed at the extraction site of any operation permitted under this Chapter: (A) The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. (B) Extraction and hauling operations shall be performed during only those times established by the City Council as part of the permit. (C) Operators shatl utilize all practical means to eliminate vibration from equipment operation on adjacent property . (0) Operators shall comply with all applicable City, County, State and Federal regulations for the protection of water quality, including the Minnesota Pollution Control Agency and Federal Environmental Protection Agency regulations for the protection of water quality. No ~:~ .. .~ 1092 City of Fa.rmington /015/ 3-22-15 3-22-16 co D) waste products or process residue shall be deposited in any lake. stream or natural drainage system. All waste water shall pass through a sediment basin before drainage into a stream. ~':i (E) All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. (F) Operators shall use all practical means to reduce the amount of dust. smoke and fumes caused by the operations. 3-22-16: REHABILITATION STANDARDS: The following rehabilitation standards shall apply to the site of any operation permitted under this Chapter. (A) .. Rehabilitation shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another part of the extrac ~n site. (B) All banks and slopes shall be left in accordance with the rehabili- tation plan submitted with the permit application. (C) Slopes. graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustained. (D) All water areas resulting from excavation shall be eliminated upon rehabilitation of the site. In unique instances where the City Council has reviewed proposals for water bodies at the time of approval of the overall plan and has determined that such would be appropriate as an open space or recreational amenity in subsequent reuse of the site, water bodies may be permitted. (E) No part of the rehabilitation area which is planned for uses other than open space or agriculture shall be at an elevation lower than the minimum required tor connection to a sanitary or storm sewer. (Ord. 092-278, 8-3-92) !.'t." 1:'. 1092 City of Farmington /dSO? - "... - --- .._-~.,. ~-----_.-..",--.-------'--_._' ~ 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 5:'(. FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: A ward of Contract - Trunk Highway 3 and Willow Frontage Road Improvements Project 99-02 DATE: August 5, 2002 INTRODUCTION Bids were received for the Trunk Highway 3 and Willow Frontage Road Improvements Project on Thursday, July 25,2002 at 2:00 P.M. DISCUSSION McNamara Contracting, Inc. has submitted the low base bid in the amount of $229,062.94. The engineer's estimate for the construction cost was $221,000. The bid cost is 3.6% over the engineer's estimate, which is within the project contingency. The State has reviewed the bids, has found the low bid price and variance to be acceptable and concurs in the award of the project to McNamara Contracting Inc. BUDGET IMPACT The construction costs for the project based on the low bid is 229,062.94. MnDOT has agreed to fund $167,400 of the project construction costs. The remaining construction and engineering costs will be allocated to adjacent properties as indicated in the previous memo to Council of June 17, 2002. ACTION REQUESTED Adopt the attached resolution accepting the base bid of McNamara Contracting, Inc., in the amount of$229,062.94, and awarding the contract. Respectfully Submitted, ~YJ1. ~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R -02 AWARD BIDS FOR PROJECT NO. 99-02 Trunk Highway 3 and Willow Street Frontage Road Improvements 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 5th day of August, 2002 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to an advertisement for bids for the Trunk Highway 3 and Willow Street Frontage Road Improvements Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Total Base Bid McN amara Contracting, Inc. ......................... .$229,062.94 Eureka Construction, Inc. ..............................$248,756.99 Municipal Contracting Services.....................$3 I 5,936.94 Max Steininger, Inc. ........ .............. ......... ........$332,500.00 Ryan Contracting, Inc. ...................................$600,808.00 ;and, WHEREAS, it appears the firm of McNamara Contracting, Inc. is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED that: 1. The base bid of McNamara Contracting, Inc., a Minnesota corporation, for $229,062.94 is hereby accepted and awarded and the Mayor and Clerk are hereby authorized and directed to enter into a contract therefore. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of August 2002. Mayor day of 2002. Attested to the SEAL City Administrator . fl. Bonestroo ~ Rosene -- - ~ Anderhl< & 1 \11 Associates Engineers & Architects August 1, 2002 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, f'E. . Marvin L. Sorvala. P.E. . Glenn R. Cook, f'E. . Robert G. Schunicht. P.E. . Jerry A. Bourdon. f'E. Senior Consultants: Robert W. Rosene. P.E. . Joseph C. Anderlik. P.E. . Richard E. Turner. f'E. . Susan M. Eberlin. C.?A. Associate Principals: Keith A. Gordon. f'E. . Robert R. Pfefferle, P.E. . Richard W. Foster. f'E. . David O. Loskota. f'E. . Mark A. Hanson. P.E. . Michael TRautmann, PE. . Ted K. Field. P.E. . Kenneth P. Anderson. P.E. . Mark R. Rolfs. P.E. . David A. Bonestroo. M.s.A. . Sidney P. Williamson. P.E.. L.S. . Agnes M. Ring. M.s.A. . Allan Rick Schmidt. P.E. . Thomas W. Peterson. P.E. . James R. Maland. f'E. . Miles B. Jensen. P.E. . L. Phillip Gravel III. f'E. . Daniel J. Edgerton. P.E. . Ismael Martinez. P.E. . Thomas A. Syfko. P.E. . Sheldon J. Johnson. Dale A. Grove, P.E. . Thomas A. Roushar. P.E. . Robert J. Devery, P.E. Offices: St. Paul. St. Cloud, Rochester and Willmar. MN . Milwaukee. WI . Chicago. IL Web site: www.bonestroo.com Honorable Mayor and City Council City of Fannington 325 Oak Street Farmington, MN 55024-1374 Re: Trunk Highway 3 Street and Utility Improvements Project State Project No. 1921-70 City Project No. 99-02 Bonestroo File No. 141-99-105 Recommendation of Contract Award Honorable Mayor and City Council: Bids were opened for the project stated above on Thtirsday, July 25, 2002 at 2:00 P.M. Transmitted herewith are ten (10) copies of the bid tabulation for your information and file. Copies will also be distributed to each bidder. There were a total of five (5) bids. The following summarizes the results of the bids received: Low #2 #3 #4 #5 Contractor McNamara Contracting, Inc. Eureka Construction, Inc. Municipal Contracting Services Max Steininger, Inc. Ryan Contracting, Inc. Bid Amount $229,062.94 $248,756.99 $315,936.94 $332,500.00 $600,808.00 The low bidder on the project was McNamara Contracting, Inc. with a Base Bid of $229,062.94. This compares to the Engineer's Estimate of $221,000.00. These bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this type of project. If the City Council wishes to award the project to the low bidder, then McNamara Contracting, Inc. should be awarded the project on the Base Bid Amount of $229,062.94. Should you have any que~tions, please feel free to contact me at (6'51) 604-4837. Yours very truly, 2335 West Highway 36 . St. Paul, MN 55113. 651-636-4600 . Fax: 651-636-1311 C,) .s 01 iU .s 0 '0 Ltl <U I- ei .... C Gl Z 0 C,) .... U 1: Gl c.. 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City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Council Members, City Administrator q: , f Lee Smick, AICP It-{l C Planning Coordinator FROM: SUBJECT: Conditional Use Permit: Excavation, Grading and Mineral Extraction DATE: August 5, 2002 INTRODUCTION The Planning Commission directed staff to discuss with the City Council the issue of the Council holding the public hearing for the Conditional Use Permit - Excavation, Grading and Mineral Extraction Permit. DISCUSSION The Code currently states that the City Council holds the public hearing for the Conditional Use Permit for mining permits after the Planning Commission makes a recommendation concerning the permit. The Planning Commission directed staff to discuss whether the City Council would like the Planning Commission to take over the public hearing duties for the Conditional Use Permit since they hold the public hearings for conditional uses, variances, and plats. Additionally, the Planning Commission asked the staff to discuss the need to place the Conditional Use for mining permits on the City Council agenda after the Planning Commission makes a ruling on the application. The Planning Commission questioned whether the City Council would like them to treat the Conditional Use Permit as they currently do where the Planning Commission makes the final ruling concerning applications. ACTION REQUESTED This is for discussion purposes only. The City Council may consider directing staff with one of the above possible suggestions or by another idea expressed during the meeting. Respectfully submitted, ttlR Planning Coordinator /0753 3-22-4 3-22-5 ...-...... is integral to construction or maintenance of roads, highways or utilities. (0) Curb cuts, utility hookups or street openings for which another permit has been issued by the City. (E) Excavation of less than one thousand (1,000) cubic yards in a calendar year. (F) Excavation of less than one hundred (100) square feet of surface area in a calendar year. (G) Excavation or grading for agricultural purposes. (H) Excavation or grading in accordance with development contract approved under the City's Subdivision Ordinance. If the development contract requires that a letter of credit or other security be posted, the letter of credit or other security must be posted before any excavation takes place. (Ord. 092-278, 8-3-1992) (I) Excavation or grading authorized .by the Public Works Director following preliminary plat approval under the City's Subdivision Ordinance and prior to final plat approval, provided the excavation and grading activities are consistent with plans submitted and approved by the Public Works Director, the applicant has paid the applicable fees and provided adequate surety in an amount and form approved by the Director of Public Works, and the applicant complies with any other reasonable conditions imposed by the Public Works Director. The developer of a plat assumes all risk involved with grading a site before final plat and street and utility plan approval. Any changes to the grading of a site including any corresponding costs necessitated by the resolution of any design issues identified during the approval process of the final plat and street and utility construction plans, are the sole responsibility of the .. developer. (Ord. 09~-437, 9-20-1999) '* 3-22,.5: APPLICATIONS FOR PERMITS; PROCEDURES, CON- TENTS OF APPLICA nONS: (A) An application for a mine or excavation permit shall be processed in accordance with the same procedures and requirements specified in this Code relating to conditional use permits. However, the hearing shall be held by the City Council following a review and recommendation from the Planning Commission. All applications .., ./ "~/ 1299 City of Fa.rmington /dS'Y -.......-.- ---.---..---- _.~.. - :-:......, . -~-_..:.-_._-..~_.. .~-~:....:.:.::- .~ ~ .~:.~:"':.,:r,:w;..._...._:. ".<..~:~"-',,,:-...;. ,~__ 3-22-5 3-22-5 .:~ dealing with land in flood plains shall also comply with requirements listed in Title 10, Chapter 10 of this Code. (Ord. 096-375, 7-1-1996) (B) An application for a mine or excavation permit shall contain: 1. The name and address of the operator and owner of the land. 2. The correct legal description of the property where the activity is proposed to occur. 3. A certified abstract listing the names of all landowners owning property within three hundred fifty feet (350') of the boundary of the property described above. 4. Specifications of the following, using appropriate maps, photographs and surveys: (a) The physical relationship of the proposed designated site to the community and existing development; (b) Site topography and natural features including location of watercourses and water bodies; (c) The description and quantity of material to be excavated; '- (d) The depth of water tables throughout the area. 5. The purpose of the operation. 6. The estimated time required to complete the operation. 7. The plan of operation, including processing, nature of the processing and equipment, location of the plant, source of water, disposal of water and reuse of water. ... 8. Desired haul routes to and from the site. 9. The plans for drainage, water erosion control, sedimentation and dust control. 10. A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate, using photograph maps and surveys where appropriate, the following: . . ..; ~ I .' ~ 1299 City of Farmington. /c;S'5 ._._.~__., ,,~"""" ~.-,-'" ....~.- -~ ..~~~.: ~ ~:,-::,.,:",,:,,:.=;;...;.-~.;,..io~:__":'_;:;;:::s..:....-;:..::::.;.:~..;;~. lOb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, City Council Members, City Administrator f). Michael Schultz V,.fV Associate Planner TO: SUBJECT: Ordinance Amending 10-6-5 (B) of the Farmington Zoning Code - Increasing Maximum Lot Coverage from 25% to 30% within the R-l Zoning District. DATE: August 5, 2002 INTRODUCTION The Farmington Planning Commission has forwarded a recommendation that the City Council amend Section 10-6-5 (B) of the Farmington City Code: R-l (Low Density Residential District), Bulk and Density Standards to increase the maximum lot coverage from 25% to 30%. DISCUSSION The issue involving the proposed amendment to the maximum lot coverage within the R-l zoning district originated when a number of residents of the Autumn Glen subdivision voiced concern that the City's lot coverage requirements unreasonably or unfairly restricted their ability to make certain types of improvements to their homes. The Planning Commission directed staff to review the possible alternatives that would give homeowners the ability to complete future additions yet be fair to residents within other zoning districts. Planning staff s proposal to increase the maximum lot coverage from 25% to 30% would allow homeowners within the R-l zoning district the same bulk and lot coverage controls as permitted within the R-2, R-3, R-4 & R-5 zoning districts. The R-T & R-D zoning districts allow a maximum 35% lot coverage that would typically allow higher densities. The minimum lot size requirement within the R-l zoning district is 10,000 square feet. The average lot size has been calculated to be approximately 13,844 square feet (based on 1,135 lots). Attached is a chart diagramming the differences allowed in the maximum lot coverage from 25% to 30%. A homeowner within the R-l zoning district would be given an additional 500 square feet (2,500 sq. ft. to 3,000 sq. ft.) of maximum lot coverage if the lot was at the minimum lot size (10,000 sq. ft.). The average lot size (13,844 sq. ft.) would be permitted an additional 692 square feet of building coverage (3,461 sq. ft. to 4,153 sq. ft.). /af5t; It is staff's opinion that the additional 5% to the maximum lot coverage in the R-l zoning district would allow homeowners the same, or similar, lot coverage as the other residential zoning districts. ACTION REQUESTED Adopt the attached ordinance amending Section 10-6-5 (B) of the Farmington Zoning Code increasing the maximum lot coverage for all structures from 25% to 30% within the R-l Zoning District. Resp..ect.fu. lly SUbmittedff/ /7' ~~Lu/~ Michael Schultz Associate Planner la57 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10, CHAPTER 5 OF THE FARMINGTON CITY CODE, THE CITY'S ZONING ORDINANCE, CONCERNING MAXIMUM LOT COVERAGE THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 10, Chapter 6, Section 6 (B) of the Farmington City Code is hereby amended to read as follows: R -1 Low Density Residential District Maximum Lot Coverage of all structures JJ% 30% SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this City of Farmington. day of ,2002, by the City Council of the CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: Ed Shukle, City Administrator SEAL By: City Attorney Published in the Farmington Independent the day of , 2002 /o?5?" .~.:::::~.:: z.a;;.:..:~~,.., ',:~~~; C.:.~. ,,' ."'J::.'~::'''''~'''''-''' .....-.. .,.-",- ,.~,.~'-'~"\ ~..~., ......"'...._ _-"'-_~Vi."'-- c. Solar Energy Systems ~~:,' .:"~~~~"- . .;~':.._.. -,;.,. : 10.5-6: R-l LOW DENSITY RESIDENTIAL DISTRICT (A) Purpose. The R-l Low Density Residential District provides for existing and future low-density single-family development with full public utilities. ;.'~"."~'- (B) Bulk and Density Standards. 1. Minimum Standards '> Lot Area Single Family 10,()00 square feet Two-Family --- Townhouse -- Multi-Family --- Other --- Lot Width 75 feet Front Yard Setback 20 feet Side Yard Setback 6 feet Rear Yard Setback 6 feet HeUdlt (max.) 35 feet Maximum Lot CoveraJl;e of all structures 25% <- Net Dwelling Units per Acre (max. ) 3.5 · All standards are minimum requirements unless noted 2. Accessory Structure Standards Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Lessor of 1,000 s.f. or s.f. of principal use Lessor ofl,2S0 s.f. or s.f. of principal use Lessor of 1,500 s.f. or s.f. of principal use 120 uare feet 1 of each 6 feet 6 feet 12 feet 3. Minor Arterial Setbacks The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty (50') feet from the planned right-of-way line. ',__c" (C) Uses 1. Permitted a. Agriculture b. Day Care Facilities, In-home /dlS9 '"'-.._11:_ _.. 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(0 C ~ ~ 0 ~ 0 0 0 0 0 0 (\J 0 0 0 0 0 0 0 LO Q) 0 0 (\J (0 m N LO ~ C) (\J (\J (\J (\J (\J ~ ~ ~ ~ Q) > 0 U .... 0 ~ 0 0 0 0 0 0 ~ -I 0 0 LO 0 LO 0 LO (0 E LO LO ,..... 0 N LO ,..... ~ N N N (\J (\J (\J (\J (\J :::s E .x ~ ~ 0 0 0 0 0 0 ~ .....-.. 0 0 0 0 0 0 ~ 4: 0 0 0 0 0 0 CO ~ ~ C" 0 ~ N (\J ~ LO (\J en ~ ~ ~ ~ ~ ~ ~ - Q) "~ en .... 0 -I - f/J - .... .Q (.) ~ .... lC) "t: (.) .... ~ "t: ('f) en .... ..... ~ en - 0 ..... .... 0 c C) 0 0 C -I ~ "0 I Q) C ~ Q) a:: f/J 0 I > m N a:: ~ C ..c "- - / d(pO /C'C/ 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 Administratorc;:J: FROM: Lee Mann, Director of Public Works/City Engineer SUBJECT: Consider Resolution - Carr Comer Development Contract DATE: August 5, 2002 INTRODUCTION The Development Contract for Carr Comer Addition IS forwarded herewith for Council's consideration. DISCUSSION The final plat for Carr Comer was approved by the Planning Commission on February 12,2002 and by the City Council on July 1, 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. la~/ ACTION REQUESTED Adopt the attached resolution approving the execution of the Carr Comer Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully Submitted, ~>>1~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file /.;?~ RESOLUTION NO. R -02 APPROVING DEVELOPMENT CONTRACT CARR CORNER 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 5th day of August, 2002 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R57-02, the City Council approved the Preliminary and Final Plat of Carr Comer subject to the following conditions. a) 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 or 30 days after the execution of this agreement. 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 5th day of August, 2002. Mayor Attested to this _ day of ,2002. SEAL City Administrator /~t:,3 DEVELOPMENT CONTRACT AGREEMENT dated this 5th day of August, 2002, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Timothy Carr, (DEVELOPER). 1. Reouest for Plat Approval. The Developer has asked the City to approve a plat for Carr Corner (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. Develooment Plans and Rieht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan C - Landscape Plan Plan D - Zoning/Development Map The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been filed for recording with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 4. Sales Office Reouirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the 1 I;{~./ 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. Zonim!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. Reauired Public Improvements. The Developer shall install and pay for the following: a. Setting of Lot & Block Monuments b. Surveying and Staking c. 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. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. The developer will be responsible for the complete removal of the concrete garage slab located on the east property line of Block 1, lots 2 and 3 and for restoration of the slab area. 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 lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground 2 IO? C.3,~ utilities is two years. The warranty period for the streets shall commence after the final wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradin2: 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 $163 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapin2:. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including fmish grade on lots, will require a minimum of 4" of black dirt. The responsibility for the installation of black dirt shall not be transferred to homeowners. C. Retaining walls with 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 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 3 /Q?~3. 3 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 (I) 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 final platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Mana2ement Fee. The Developer shall pay an area storm water management charge of$14,171 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 16. Wetland Conservation and Miti2ation. 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 Char2e. The Developer shall pay a water main trunk area charge of $3,042 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 $2,675 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against lots 3,4 & 5 (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Char2e. The Developer shall pay a sanitary sewer trunk area charge of $1,230 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 4 I;). ~3, 'Y 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. Lots 1 and 2 will be assessed the Sanitary Sewer Trunk Area Charge if and when connection is made to City sewer. The charge will be based on the fee schedule of the year connection is made. 20. Park Dedication. The Developer shall pay a park dedication fee of $13,544 in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $310 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 $203 based upon the acreage within the subdivision. 23. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 24. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Security. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $6,463. 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 N/A N/A N/A N/A Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $1,250 N/A $1,875 N/A N/A Two Years Principal and Interest on Assessments $3,338 (lots 3,4&5 only) 5 /~C:3.S This breakdown is for historical reference; it is not a restriction on the use of the security. 27. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. 6 / ;?~.3,t:. 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 indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. 7 /~C.3. ) K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 AM. until 7:00 P.M. 8:00 AM. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. 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. 34. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Timothy Carr 19185 Akin Road Farmington, MN 55024 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 / ~"3. ~ SIGNATURE PAGE CITY OF FARMINGTON By: Gerald Ristow, Mayor By: Edward J. Shukle, City Administrator DEVELOPER: Timothy Carr By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 9 / 0l'-3, 7' STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20 by Gerald Ristow, Mayor, and by Edward J. 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 Timothy Carr. Notary Public 10 I~.IO EXHIBIT" A" ORIGINAL DESCRIPTION That part of the Northwest Quarter (NW ~) of Section 24, Township 114, Range 20, Dakota County, Minnesota, described as lying northerly of Parcel "A" and southerly of Parcel "B" as described below, and lying easterly of a line drawn between their respective point of beginnings, and lying westerly of the centerline of County Road No. 31 Parcel "A" That part of the Northwest Quarter (NW ~) of Section 24, Township 114, Range 20, Dakota County, Minnesota, described as follows: Commencing at the Northwest comer of said Northwest Quarter; thence South, assumed bearing, along the West line thereof a distance of 825.7 feet; thence at right angles and East a distance of 1170.6 feet to the point of beginning of the tract to be described; thence North 86 degrees 55 minutes East a distance of 287.75 feet; thence South 04 degrees 30 minutes 57 seconds East a distance of 454.15 feet; thence South 66 degrees 55 minutes West a distance of 267.75 feet; thence North 04 degrees 30 minutes 57 seconds West a distance of 454.15 feet to the point of beginning. Parcel "B" That part of the Northwest Quarter (NW ~) of Section 24. Township 114, Range 20, Dakota County, Minnesota, described as follows: Commencing at the Northwest comer thereof; thence South 0 degrees 25 minutes 21 seconds East along the West line thereof a distance of 842.0 feet; thence East a distance of 1132.85 feet; thence North a distance of 94.35 feet to the point of beginning; thence North 7 degrees 50 minutes 8 seconds West a distance 145.0 feet; thence North 74 degrees 42 minutes East a distance of305.0 feet to the centerline of County Road No. 31; thence Southerly along said centerline a distance of 178.1 feet more or less to its intersection with a line bearing North 80 degrees 49 minutes 24 seconds East from the point of beginning; thence South 80 degrees 49 minutes 24 seconds West a distance of 319.5 feet more or less to the point of beginning. That part of the Northwest Quarter (NW ~) of section 24, Township 114, Range 20, Dakota County, Minnesota, described as follows: Commencing at the Northwest comer of said Northwest Quarter; thence South, assumed bearing, along the West line thereof a distance of 825.7 feet; thence at right angles and East a distance of 1170.6 feet to the point of beginning of the tract to be described; thence North 86 degrees 55 minutes East a distance of 287.75 feet; thence South 04 degrees 30 minutes 57 seconds East a distance of 454.15 feet; thence South 86 degrees 55 minutes West a distance of287.75 feet; thence North 04 degrees 30 minutes 57 seconds West a distance of 454.15 feet to the point of beginning except that part taken for Pilot Knob Road/CR 31 and W. 193rd St. DESCRIPTION FOR NORTHERLY PARCEL: That part of the Northwest Quarter (NW ~) of Section 24, Township 114, Range 20, Dakota County, Minnesota, described as lying northerly of Parcel "A" and southerly of Parcel "B" as described below, and lying easterly of a line drawn between their respective point of beginnings, and lying westerly of the centerline of County Road No. 31. Parcel "A" That part of the Northwest Quarter (NW ~) of Section 24, Township 114, Range 20, Dakota County, Minnesota, described as follows: Commencing at the Northwest comer of said Northwest Quarter; thence South, assumed bearing, along the West line thereof a distance of 825.7 feet; thence at right angles and East a distance of 1170.6 feet to the point of beginning of the tract to be described; thence North 86 degrees 55 minutes East a distance of 287.75 feet; thence South 04 degrees 30 minutes, 57 seconds East a distance of 454.15 feet; thence South 66 degrees 55 minutes West a distance of 287.75 feet, thence North 04 degrees 30 minutes 57 11 1~.ll seconds west a distance of 454.15 feet to the point of beginning. Parcel "B" That part of the Northwest Quarter (NW ~) of Section 24, Township 114, Range 20, Dakota County, Minnesota, described as follows: Commencing at the Northwest comer thereof; thence South 0 degrees 25 minutes 21 seconds East along the West line thereof a distance of 842.0 feet; thence East a distance of 1132.85 feet; thence North a distance of 94.35 feet to the point of beginning; thence North 7 degrees 50 minutes 8 seconds West a distance 145.0 feet; thence North 74 degrees 42 minutes East a distance of305.0 feet to the centerline of County Road No. 31; thence Southerly along said centerline a distance of 178.1 feet more or less to its intersection with a line bearing North 80 degrees 49 minutes 24 seconds East from the point of beginning; thence South 80 degrees 49 minutes 24 seconds West a distance of 319.5 feet more or less to the point of beginning. The Northerly 75 feet of that part of the Northwest Quarter (NW ~) of Section 24, township 114, Range 20, Dakota County Minnesota, described as follows: Commencing at the Northwest comer of said Northwest Quarter, thence South, assumed bearing along the West line thereof a distance of 825.7 feet; thence at right angles and East a distance of 1170.6 feet to the point of beginning of the tract to be described; thence North 86 degrees 55 minutes East a distance of 287.75 feet; thence South 04 degrees 30 minutes 57 seconds East a distance of 454.15 feet; thence South 86 degrees 55 minutes West a distance of 287.75 feet; thence North 04 degrees 30 minutes 57 seconds West a distance of 454.15 feet to the point of beginning except that part taken for Pilot Knob Road/CR 31. DESCRIPTION FOR SOUTHERLY PARCEL: That part of the Northwest Quarter (NW ~) of Section 24, Township 114, Range 20, Dakota County Minnesota described as follows: Commencing at the Northwest comer of said Northwest Quarter, thence South, assumed bearing, along the West line thereof a distance of 825.7 feet; thence at right angles and East a distance of 1170.6 feet to the point of beginning of the tract to be described; thence North 66 degrees 55 minutes East a distance of 287.75 feet; thence South 04 degrees 30 minutes 57 seconds East a distance of 454.15 feet; thence South 86 degrees 55 minutes West a distance of 287.75 feet; thence North 04 degrees 30 minutes 57 seconds West a distance of 454.15 feet to the point of beginning which lies Southerly of the Northerly 75 feet thereof Except that part taken for Pilot Knob Road/CR 31 and W. 193rd St 12 /~3./~ /Dd Charter COM M U N I CATIONS. A WIRED WORLD COMPANY'. July 24, 2002 Mr. Ed Shukle City Administrator Farmington City Hall 325 Oak Street Farmington, MN 55024 Dear Ed Shukle, Starting at midnight on July 31,2002, Charter Communications will no longer carry ESPNews on our local digital cable television system due to costly technical changes being mandated by ESPN. ESPN has made the decision to move its ESPNews signal to a satellite transponder that Charter currently does not have the technical capability to receive. In order for Charter to have this capability, we would have to spend literally hundreds of thousands of dollars to buy the necessary equipment. We regret any inconvenience this will cause to our customers and your constituents. However, in light of the current economy and other rising costs, we don't believe this is a prudent use of our funds and have chosen not to buy this equipment. While we are committed to bringing our customers a wide variety of high-quality programming, we also must do so at a reasonable price and make every attempt to contain our expenses. I want to reassure you that this decision does not affect our carriage of the very- popular ESPN and ESPN 2 channels already on our local channel lineup. In the next few days, we will begin notifying customers of this change by a newspaper ad, Weather Channel Crawl, and a Digital Box Message. Should you have any questions about this issue or any other matter regarding Charter Communications, please contact me at 507-289-8372. Sincerely, ~~~ Paige Cain ~ Marketing Manager . 1255 East Circle Drive NE . Rochester, Minnesota. 55906-3962 www.charter.com · 800.581.0081 . fax: 507.289.1958 /d~1/' ROSEMOUNT Town Pages Ind~penaent 320 Third Street, P.O. Box 192 Farmington, MN 55024 Tel: 651-460-6606 Fax: 651-463-7730 Email: news1@farmingtonindependent.com August 5, 2002 Dear Mayor Ristow and Council members, I, Michelle Leonard, 727 Tamarack Trail, Farmington, am a member of the Farmington Independent staff and am addressing you this evening to express my objection to the closing of tonight's Farmington City Council meeting. Minnesota Statute 13D.05, Subdivision 3 states, "A public body may close a meeting to evaluate the performance of an individual who is subject to its authority." I understand that this means a public meeting may be closed to evaluate an employee's performance. While I cannot prove nor disprove the content of tonight's closed meeting agenda, I have been verbally advised that the content will include a discussion on work performance expectations of city administrator Ed Shukle. Whether or not that discussion should qualify as a performance evaluation is hard to determine. If it is not a performance evaluation, though, this meeting should not be closed to the public, as the public has the right to know what its city council members expect of the city administrator. Also in accordance with the state statute, which further reads, "At its next open meeting, the public body shall summarize its conclusions regarding the evaluation," I am requesting that a report on tonight's closed meeting's conclusions be made public at the Aug. 19 Farmington City Council meeting. Thank you for your attention to this matter. Sincerely, l4~ Michelle Leonard Farmington Independent