HomeMy WebLinkAbout10.18.10 Council Packet
City of Farmington
430 Third 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.
FARMINGTON CITY COUNCIL
Todd Larson, Mayor
Terry Donnelly Julie May
Christy Fogarty Steve Wilson
AGENDA
REGULAR CITY COUNCIL MEETING
October 18,2010
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Proclaim Community Planning Month
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (This time is reservedfor
citizen comments regarding non-agenda items. No official Council action can be taken on these items.
Speakers are limited to fIVe minutes to address the Council during "Citizen Comment" time.)
a) Response to Mr. Colin Garvey - Administration
b) Response to Mr. Jerry Ristow - Administration
c) Response to Mr. David Pritzlaff - Administration
7. CONSENT AGENDA
a) Approve Council Minutes (10/4/10 Regular) (10/11/10 Workshop)
b) Third Quarter Building Permit Report - Building Inspections
c) School and Licensing - Building Inspections
d) Appointment Recommendation Municipal Services - Human Resources
e) September 2010 Financial Report - Finance (Supplemental)
f) School and Conference - Police
g) Set Special Council Meeting - Administration
h) Approve Beer License - Administration
i) Approve Bills
REGULAR AGENDA
(The Council takes a separate action on each item on the Regular Agenda. If you wish to address the
Council regarding any or all of the items on the Regular Agenda, please address the item when the
item is discussed. Speakers will be given at least three minutes to speak per item. Additional time
may be granted to speakers representing two or more persons.)
Action Taken
Proclaimed
InformationReceive(}
Information Received
Information Received
Approved
Information Received
Approved
Approved
Approved
Information.Received
Nov 8,2010,6:30 pm
Approved
Approved
8. PUBLIC HEARINGS
a) Adopt Resolution - Delinquent Municipal Services Assessments - Finance
9. AWARDOFCONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Ordinance - Relating to Floodplain Overlay District, Wetland
Solutions, Shoreland Management Regulations and Storm Drainage -
Planning
b) Approve Pay Estimate #2 Pilot Knob Trail Extension Project - Engineering
11. UNFINISHED BUSINESS
a) Franchise Fee Discussion - Engineering (Supplemental)
b) Adopt Resolution Designation of CR64 - Engineering (Supplemental)
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
Persons with a disability may request a reasonable accommodation by contacting the City Administrator 's office at 651-280-6803.
Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation.
Table of Contents
Agenda. . . . . . . . . . . . . . . . .
Proclaim Community Planning Month
Proclamation. . . . . .
Response to Mr. Colin Garvey
Memo. . . . . . . . .
Response to Mr. Jerry Ristow
Memo. . . . . . . . .
Response to Mr. David Pritzlaff
Memo. . . . . . . . . .
Approve Council Minutes (10/4/10 Regular) (10/11/10
Workshop)
Oct 4 Minutes . . . . . . . . . . . . . . . . .
Oct 11 Minutes . . . . . . . . . . . . . . . .
Third Quarter 201 0 New Construction Report and Population
Estimate
3rd qtr 20101 . . . . . .
School and Licensing
State Seminar request1 .
Appointment Recommendation - Municipal Services
ApptRc_Amdt .
School Request
Training . . . .
Set Special City Council Meeting
Set Special Council Meeting.
Approve Beer License
Super America Beer License .
Approve Bills
List of Bills. . . . . . . . . . .
Adopt Resolution - Certification of Delinquent Municipal
Services to 2011 Tax Rolls
Certification of delinquent bills - 10-18-10. . . . . . . . .
Adopt Ordinance amending Sections 10-5-25, 10-6-17, 10-6-18,
and 11-4-7 relating to Floodplain Overlay District, Wetland
Standards, Shoreland Management Regulations, and Storm
Draiange, respectively
VRWJPO amendment updatesMemoCC. . . .
VRW Ordinance. . . . . . . . . . . . . . . . .
VRWJPO amendments2010 SUMMARY ORD .
1
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COMMUNITY PLANNlNG MONTH
PROCLAMATION
WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs,
townships, rural areas, and other places; and
WHEREAS, community planning and plans can help manage this change in a way that provides
better choices for how people work and live; and
WHEREAS, community planning provides an opportunity for all residents to be meaningfully
involved in making choices that determine the future of their community; and
WHEREAS, the full benefits of planning requires public officials and citizens who understand,
support, and demand excellence in planning and plan implementation; and
WHEREAS, the month of October is designated as National Community Planning Month
throughout the United States of America and its territories, and
WHEREAS, The American Planning Association and its professional institute, the American
Institute of Certified Planners, endorse National Community Planning Month as an opportunity to
highlight the contributions sound planning and plan implementation make to the quality of our
settlements and environment; and
WHEREAS, the celebration of National Community Planning Month gives us the opportunity to
publicly recognize the participation and dedication of the members ofplanning commissions and
other citizen planners who have contributed their time and expertise to the improvement ofthe City
of Farmington; and
WHEREAS, We recognize the many valuable contributions made by professional community and
regional planners of the City of Farmington and extend our heartfelt thanks for the continued
commitment to public service by these professionals;
NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2010 is hereby designated
as Community Planning Month in the City of Farmington in conjunction with the celebration of
National Community Planning Month.
Mayor
4
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City of Farmington
430 Third Street
Farmington, p..'1inncsota
651.280.6800. Fax 651.280.6899
www.ci.t:mnin!:.Ttlm.nm.LL.l
TO: Mayor and Councilmembers
FROM: Peter J. Herlofsky, Jr.
City Administrator
SUBJECT: Response to Mr. Colin Garvey
DATE: October 18,2010
Question: Mr. Garvey asked how staff came up with the numbers for the franchise fees
that you need $400,000/year for seal coating. How can that be a fair analysis?
Answer: City Engineer Schorzman looked at the square yards of seal coating we do over
the seven year cycle program. He looked at the cost to do the seal coat this year, and then
inflated that by 5%/year which has been reasonable inflation over the time we have done the seal
coat. He applied those costs to the amount of square yards we do each year, reached a grand
total, divided that by seven and that was $400,000.
Question: Mr. Garvey asked what is the guarantee this new fund will be used exactly
for seal coating and only for seal coating.
Answer: Finance Director Walters has stated it will be a separate fund and the franchise
fees will go into that fund. The only thing that will come out of the fund is the seal coating
project. The road and bridge fund is used for several things. We receive money from Dakota
County, for assessments, a lot ofthings. It is not just used for seal coating. We also pay a bond
out of that, we transfer the money to the debt service fund to pay the bond. The fund will be kept
separate and used only for that purpose.
Question: Mr. Garvey asked if that will be the same as the storm water runoff fund.
We took $700,000 out ofthat in 2007.
Answer:
That was for the comp plan update to do the work mandated by the State.
Question: Mr. Garvey was questioning salaries coming out of the storm water fund.
You put in three projects where the engineers are getting paid three times the original
amount of their wages from the taxpayers.
Answer: The City Administrator asked that Mr. Garvey provide staff with the projects he is
referring to so staff can respond to his questions.
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City of Farmington
430 Third Street
l'armington, Minnesota
651.280.6800. Fa/( 651.280.6899
www.ci.lllrmi.llgltl11.mn.L1...
TO: Mayor and Councilmembers
FROM: Peter J. Herlofsky, Jr.
City Administrator
SUBJECT: Response to Mr. Jerry Ristow
DATE: October 18,2010
Question: Mr. Ristow asked if our water runoff fees or any portion of our City tax was
included in the water runoff fees that go into the road and bridge fund.
Answer: The fund is used to account for all major street construction projects and street
rehabilitation or reconstruction of activities.
Question: Mr. Ristow asked if 65/35 has been taken out of the road and bridge fund for
projects such as Walnut Street, Elm Street, and Ash Street.
Answer: The 2008A and B bond payments are also funded through the road and bridge
fund with the County and assessments. The 2008A bond is for the reconstruction of Elm Street
and 2008B is for the construction of 195th Street from Embers Avenue to Hwy 3.
Question: Mr. Ristow asked if Council was satisfied that the road and bridge fund
money was spent properly.
Answer from Councilmember Wilson: The situation four years ago was do we repair the
road. The option was do we assess $985 or try to get a reduction of$12,500. Ifwe had tom out
the road, the cost could have been double. Because we used significant road and bridge dollars
to buy down the cost to the residents, he would argue that for Mr. Ristow's neighborhood there is
a substantial benefIt from the road and bridge fund. It was a good use of the funds to do that
because the project did not work out well. There has been a perception tonight that the road and
bridge fund is being improperly allocated. From his opinion, he could not disagree more.
Council looks closely at how the money is used and the use of that fund is very limited.
6
roe
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.tarmingtlm.mll.LL.i
TO: Mayor and Councilmembers
FROM: Peter J. Herlofsky, Jr.
City Administrator
SUBJECT: Response to Mr. David Pritzlaff
DATE: October 18,2010
Question: In the budget reductions there were two staff positions labeled confidentiaL
This was four weeks ago when the preliminary budget was approved. He asked about it
two weeks ago, and with no response, he again asked what two positions are eliminated
from that portion of the budget
Answer: According to City Attorney Poehler it has been determined by staff they have yet
to bring forward a recommendation and that is why it is confidential at this point. It will be
brought forward in the future. From a public data standpoint, it is not data that is available.
Question: Mr. Pritzlaff asked for the total square yardage of the Sunnyside area. His
point was if we take the square yardage for that area x $.92/sq. yard what does that come
out to and is that under or over $12,500 to the point where the residents have to pay $31.75.
If it is under they should be paying nothing.
Answer: City Engineer Schorzman noted it is over and that is why the amount is $31.75.
Staff did exactly as Mr. Pritzlaff described; we figured out the Sunnyside area x the price and
subtracted $12,500 from the total and divided it by the residential units in that area. It came out
to $31.75.
7
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COUNCIL MINUTES
REGULAR
October 4,2010
1. CALL TO ORDER
The meeting was called to order by Mayor Larson at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Larson led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Audience:
Larson, Donnelly, Fogarty, May, Wilson
None
Andrea Poehler, City Attorney; Peter Herlofsky, City
Administrator; Teresa Walters, Finance Director; Kevin
Schorzman, City Engineer; Lisa Shadick, Administrative Services
Director; Cynthia Muller, Executive Assistant
David & Doris Dahl, Kathy Plumley, Chris Buckley, Mary
Scheide, Jerry Ristow, David Pritzlaff, Craig Strahan, Justine
Jacobson, Colin Garvey
4. APPROVE AGENDA
City Administrator Herlofsky pulled item 11a) Listing Agreement 431 Third Street and
added the Pilot Knob trail ribbon cutting to Roundtable.
MOTION by Wilson, second by Fogarty to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
a) Mary Scheide, Dakota County Library, Farmington
Ms. Mary Scheide, Branch Manager Dakota County Farmington Library, gave
some updates on events and programs at the Library during October. There will
be a traveling display on Ellis Island, and also a workshop on beginning
genealogy. The Library is partnering with the MN Secretary of State to host an
Introduction to Voting workshop. The Library offers a number of adult computer
classes and also programs for teens and children. All programs are free, but some
do require registration.
Councilmember Wilson asked that the information on Ellis Island be placed on
the City's website. He noted the Library is a nice asset to have in town. He asked
if there has been a change in usage of the Library due to the economy. Ms.
Scheide noted they have seen an increase in usage. In September, circulation was
up 15% from last September. Overall from 2009 to 2008 there was a 12%
increase. They offer free computers, internet, and WiFi.
8
Council Minutes (Regular)
October 4, 2010
Page 2
Ms. Justine Jacobson, representing the Farmington Fire Department, was in
attendance to promote Fire Prevention Week activities October 3 - 9,2010. The
Fire Department will be visiting 4th grade classes, on October 7, the American
Red Cross will offer a blood drive at Fire Station 1, and there will be an open
house at Fire Station 2.
Mr. Chris Buckley, representing the business community, was sure the Council
has heard plenty about wasteful spending. It is an election year and it is budget
time. He doubted the constituents are angry about the money being spent on
things like smooth running elections or even more importantly, the investment in
the long term success of the community's economy and the investment of having
a dedicated staff member. What has people concerned is looking at items such as
capital acquisition plans in the 2010 budget and things like $18,000 for a laser
leveler for a ballfield, or that $23,000 is unreasonable for a sign for a fire station.
The plain fact ofthe matter is you are not getting the results you want with
economic development because you do not have enough boots on the ground.
The EDA currently being comprised of Council members and the Mayor only,
really does not have the ability to act as a resource to the Council and instead is
left to the whims of the Council and the Mayor by it's organization alone. By my
count that would leave us short five heads that are in the game towards
developing our local economy. Proposed cuts as reported in the Independent last
week will leave us six people short. The Economic Development Specialist
position is valuable to the existing business community and also the City itself as
a leg up to other communities when it comes to attracting investment dollars.
Cutting the position places a sign on City Hall that says "closed for businesses -
come back and see us after we have re-evaluated in 2012." Investment dollars
looking to come into the City of Farmington are not going to wait to determine
whether or not the City is willing to take economic development seriously and the
local businesses that are looking to grow and expand and further invest in the
community are not going to be able to wait around either. He asked that Council
not surrender in the battle for investment dollars. Part of what it means to be a
Minnesotan is in the face of adversity we don't just give up. We suck it up,
redouble our efforts and we get the results we need by doing the work that is
required. I am not ready to give up on the City of Farmington and hope you are
not either.
Mr. David Pritzlaff, 20255 Akin Road, at the last meeting he requested some
information and there was no response so he expected an answer tonight. In the
budget reductions there were two staff positions labeled confidential. This was
four weeks ago when the preliminary budget was approved. He asked about it
two weeks ago, and with no response, he again asked what two positions are
eliminated from that portion of the budget. There is a list of $400,000 worth of
reductions and these two positions are at the bottom of the list. This does not
9
Council Minutes (Regular)
October 4, 2010
Page 3
include the two positions later in the agenda. City Administrator Herlofsky stated
because it is confidential, Council does not know. Mr. Pritzlaff stated this leaves
the City staff in limbo with whether they do or do not have a job. Mayor Larson
asked City Attorney Poehler to advise why we are not giving out the information.
City Attorney Poehler stated at this point it has been determined by staff they
have yet to bring forward a recommendation and that is why it is confidential at
this point. It will be brought forward in the future. From a public data standpoint,
it is not data that is available. Mr. Pritzlaff stated it shows $130,000 for these two
positions. You have to have it narrowed down to two people that total $130,000.
The reduction is already approved. If you have a dollar amount on two people
and you have approved the reductions, at what point are the positions brought
forward to cut. This has to be tearing at the morale of City workers. You have
two people walking through the door wondering if this is the day. It has to come
out. It has been four weeks since this reduction has taken place. He asked for it
two weeks ago. You have to name these people. If these positions will be cut,
they are losing opportunities to look for other jobs. It is the morale of the City
that is not working well. How would you feel if you were on pins and needles
everyday coming to your job wondering if you are the one. He asked when it will
come out. Councilmember Fogarty stated the preliminary budget was approved.
How we get to that reduction was not approved. Mayor Larson stated we have
not approved the budget. Those were suggestions by staff. Councilmember
Donnelly stated all we have done officially is set the levy. Mr. Pritzlaff asked if
the levy is over and above the $400,000. Mayor Larson stated we approved a
$400,000 reduction, but we are still debating how. Mr. Pritzlaff stated it is
narrowed down to two people and particular wages. Two people have to be
wondering. The morale is going and they are losing an opportunity to fmd
employment elsewhere. When will the positions be brought up? Mayor Larson
stated we are working on it. It is a work in progress. It has not been approved.
The names are not out because it is not a done deal. City Administrator Herlofsky
stated at this point it is not public information. It has been worked out with the
employees, and will not harm anyone unexpectedly. Data practice only allows
certain information to be public. What we have right now is not public.
Mr. Pritzlaffthen asked if Council was aware of the actual plans and placement of
the trail on the west side of Pilot Knob Road when you approved the contract for
the County to spend $169,000, and the City portion of$129,000. Mayor Larson
stated he saw the plans. Mr. Pritzlaff stated Council has no regard for public
safety. You approved a trail that runs right against Pilot Knob Road. They put a
curb along Pilot Knob Road and the trail is on the back side of that curb. Before
people were walking on the shoulder and at their risk. Today you have a trail
which invites people to walk with kids along the trail. When they get to the area
with the water, they are abutting a road with 55 mph speeds. It is very unsafe and
a total disregard for public safety. This could have been delayed and brought
back when development happens and/or ifplans would have been changed to
place a boardwalk to move the trail away from a road with 55 mph speeds. This
was total disregard for public safety. Council has said before, public safety,
10
Council Minutes (Regular)
October 4, 2010
Page 4
public safety. It is totally disregarded in this case. He did not understand why
Council approved this plan. When you approved the money, you approved the
plan. The Mayor saw the plan so he approved placing kids along 55 mph speeds.
Mr. Colin Garvey, 22098 Canton Court, was disappointed at what he saw at the
last meeting. Council tried to take an assessment policy and slip it underneath a
new City ordinance with totally erroneous numbers. Mr. Garvey was referring to
the seal coat project and franchise fees. Mr. Garvey stated we have never had
$400,000 worth of seal coating done in town. In 2008 it jumped the highest from
$325/ton to over $695/ton when there was a shortage. The seal coating came in at
$115,058 for an estimate and the actual was $108,000. He understood this year is
a large cost of$222,958. That is the total gross cost of the seal coat, but in that
you have six developments contributing. They pay when they get their
Development Contracts upfront and it is put into an interest bearing account. Mr.
Garvey asked how staff came up with the numbers for the franchise fees that you
need $400,000/year for seal coating. How can that be a fair analysis?
Councilmember Wilson stated he voted against it, so he made his position clear,
but he was under the impression Council was going to continue discussing it.
Mayor Larson asked staff to explain how they came to $400,000.
City Engineer Schorzman explained he looked at the square yards of seal coating
we do over the seven year cycle program. He looked at the cost to do the seal
coat this year, and then inflated that by 5%/year which has been reasonable
inflation over the time we have done the seal coat. He applied those costs to the
amount of square yards we do each year, reached a grand tota~ divided that by
seven and that was $400,000. Mr. Garvey stated you are making the seal coating
almost double every time. In seven years that is $2.8 million. The highest point
was in 2008 with $115,000. In seven years that is over $700,000. That is a far
cry from $2.8 million. Mr. Garvey felt the City was trying to create another fund.
He understood we use the road and bridge fund for these projects. Mayor Larson
stated the purpose was not to create another fund. It is for the seal coating. Mr.
Garvey stated the road and bridge fund is running dry. He asked if the City took
out $2.3 million last year for the Denmark sanitary sewer extension project. City
Engineer Schorzman replied no. The project last year was funded by the utilities
that were being replaced, not by the road and bridge fund. Mr. Garvey asked if
the road and bridge fund was used for the Pilot Knob trail project. Staff replied
yes. Mr. Garvey asked if you know the fund is going dry, why would you use it
on a trail when it is supposed to be for seal coating. Councilmember Fogarty
stated the fund is not exclusively for seal coating. Mr. Garvey asked what is the
guarantee this new fund will be used exactly for seal coating and only for seal
coating. Finance Director Walters stated it will be a separate fund and the
franchise fees will go into that fund. The only thing that will come out of the fund
is the seal coating project. The road and bridge fund is used for several things.
We receive money from Dakota County, for assessments, a lot of things. It is not
just used for seal coating. We also pay a bond out of that, we transfer the money
11
Council Minutes (Regular)
October 4, 2010
Page 5
to the debt service fund to pay the bond. The fund will be kept separate and used
only for that purpose. Mr. Garvey asked if that will be the same as the storm
water runoff fund. We took $700,000 out of that in 2007. Mayor Larson stated it
was for the comp plan update to do the work mandated by the State. Mr. Garvey
stated a salary was also taken out of there. There is a lot of excess money being
taken out of there. Mayor Larson stated the money taken out ofthe fund was
justified and accounted for. The franchise fees are still under review; we have not
set anything up. Council did not like the numbers, so we need to do more work
on it before we can pass it. It is not a done deal. Mr. Garvey applauded
Councilmembers Wilson and May for sticking up for the citizens, but if it would
not have been tabled, you would have voted on it last week. Mayor Larson stated
he would not have, because the numbers did not make sense after talking to a
business owner. Mr. Garvey stated watching the meeting, it appeared Council
was ready to vote on it.
Mr. Jerry Ristow, 516 Lower Heritage Way, stated the road and bridge fund does
concern him. He knew there were questions asked at the last meeting, but he did
not hear the right question asked; what happened to all the money? He has heard
many comments and did ask staff about the road and bridge fund. It has been a
fund that has been around for quite some time. He is concerned because he had
heard there was $2.5 - $4 million in the fund. Now it is depleted down to
$239,000. It appears to have decreased and it is important to note that most of the
road and bridge fund revenue is restricted for various purposes, including projects
that have already occurred. The road and bridge fund receives revenues from
special assessments, State aid, Dakota County, and dedicated fees. Mr. Ristow
asked if our water runoff fees or any portion of our City tax was included in the
water runoff fees that go into the road and bridge fund. The fund is used to
account for all major street construction projects and street rehabilitation or
reconstruction of activities. He asked if 65/35 has been taken out of the road and
bridge fund for projects such as Walnut Street, Elm Street, and Ash Street. The
2008A and B bond payments are also funded through the road and bridge fund
with the County and assessments. He asked if Council was satisfied that the road
and bridge money was spent properly. He asked if Council was satisfied with
where this money has gone, which has been a policy ofthe Council for 20 years.
One Councilmember said last time she would table the issue as long as they have
a plan. The plan was working for quite some time and now it has failed.
Mr. Craig Strahan, 5850 Upper 182nd Street, regarding seal coat, he received
something in the mail three weeks ago about Upper 182nd Street being assessed
again. It seems their street has been hit numerous times. There have been at least
three assessments so far within the last 10 years. They were assessed four years
ago for $7,000 and there are still problems with the road. He received something
in the mail a year ago regarding a special assessment on seal coating for $220. He
has not heard if that was resolved. Three weeks ago he received a letter that it
12
Council Minutes (Regular)
October 4, 2010
Page 6
would be discussed tonight. There have been a number of questions on seal
coating and asked if someone could explain what is going on. Mayor Larson
stated what has been discussed tonight has been another way to fund seal coating
rather than assessing the properties as it happens. We are talking about a
Citywide assessment where you pay a little every year. We are trying to spread it
out. The current policy is to seal coat and assess every seven years. Now we are
talking about a franchise fee of$1.60/month.
Ms. Kathy Plumley, Cameron Woods, 18500 Euclid Avenue, was also here about
the seal coating on Euclid Avenue. They were assessed $108 x 84 units. She did
not understand why they were assessed that amount of money. She thought the
amount for any seal coating came from the property taxes. She was surprised to
fmd they were all assessed that amount. Down the street, in Nelson Hills, they
were not assessed. She did not understand why they were assessed and at such a
high rate. That is almost $10,000 for the two buildings.
Ms. Plumley also stated she is a school bus driver in Farmington and travels
Flagstaff Avenue, 195th Street and to Country View. There is no stop light at
Country View and no light at Flagstaff and 195th Street. She was not sure why as
it seems it is a hazard. When coming out of Country View she has to cross to go
in the opposite direction, going north out of Country View. She is certain
someone will get hurt coming out of there. Between Country View and the other
trailer park, there must be a couple thousand people. She did not understand why
we have not considered putting a stop light there as well as 195th Street and Pilot
Knob Road, having three schools in the area with Farmington High Schoo~
Meadowview, and Akin Elementary. There are a lot of cars trying to get across
the traffic. She would like this to be considered. Councilmember Fogarty noted
part of that area is in Lakeville. Neither Farmington nor Lakeville have any
control over placement of traffic lights. We advocate every year with the County,
but the City is not allowed to make those decisions. We have advocated for years
for 195th Street and Pilot Knob Road. Ms. Plumley was advised to contact the
County.
Mr. Colin Garvey, 22098 Canton Court, stated regarding the storm water fund, the
reply he received was:
In 2007 expenditures, $161,139 was taken out for salaries. He was told
inspections were handled by the Natural Resources Specialist. He doubted she
makes $161,000. He stated $9,317 was building supplies; uniforms, landscaping
material, vehicles, supplies and parts, etc. for $581,000. The majority ofthis was
for ongoing pond maintenance.
All these things were taken out of this fund. You can appreciate why I check the
credibility when you are going to set up a new fund for seal coating that it not get
dipped into. Mayor Larson asked City Engineer Schorzman to break down the
13
Council Minutes (Regular)
October 4, 2010
Page 7
salaries and where they come from. City Engineer Schorzman stated it is not just
the Natural Resources Specialist salary; it is anyone related to storm water that
works for the City, charges their time there. Mr. Garvey stated their salaries are
not budgeted out of this fund. Staff replied actually they are. Mr. Garvey stated
without the rest of the budget and taxes paid in, their salaries only come out of
this fund? City Administrator Herlofsky stated all our utility funds have salaries
associated with them because we have Public Works employees and Engineers
that do work within each of those areas. Mr. Garvey stated you take money out of
this fund to reimburse them for the work they have done. The same with
engineering. When you put in a road project, you bond for it and then take money
out for engineering. You put in three projects where the engineers are getting
paid three times the original amount of their wages from the taxpayers. Mayor
Larson asked staff to break this down for him. City Administrator asked that Mr.
Garvey provide staff with the projects he is referring to so staff can respond to his
questions.
7. CONSENT AGENDA
MOTION by Wilson, second by May to approve the Consent Agenda as follows:
a) Approved Council Minutes (9/20/10 Regular) (9/27/10 Workshop)
b) Adopted RESOLUTION R54-10 accepting Donation Pollution Prevention Day-
Municipal Services
c) Adopted RESOLUTION R55-10 approving Gambling Event Permit Fire
Department - Administration
d) Adopted RESOLUTION R56-10 appointing 2010 General Election judges
Councilmember Wilson thanked those serving as election judges.
e) Authorized declaring default on Swanson Acres - Engineering
f) Approved Tobacco License Super America - Administration
g) Adopted RESOLUTION R57-10 accepting donation Rambling River Center-
Parks & Recreation
h) Approved Temporary Liquor License Knights of Columbus - Administration
i) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a) Approve On-Sale Wine License Ugly Mug - Administration
D&K Properties of Rose mount have submitted an application for a wine license
for the Ugly Mug. MOTION by Fogarty, second by Wilson to close the public
hearing APIF, MOTION CARRIED. MOTION by Wilson, second by Fogarty
to approve an on-sale wine license for D&K Properties ofRosemount for the
Ugly Mug. APIF, MOTION CARRIED.
b) Seal Coat Assessment Hearing - Engineering
The 2010 seal coat project was ordered at the March 15, 2010, Council meeting.
The project was completed this summer. The total cost of the project was
$222,938 which resulted in an assessment of$108.44 per residential unit for the
majority of those being assessed. The Sunnyside 1 Chateau Manor area
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Council Minutes (Regular)
October 4, 2010
Page 8
assessment is proposed to be $31.75. This was reduced because ofa contribution
by Bonestroo toward the seal coating of that project. The seal coating on streets is
done 2-3 years after the wear course is put on, and then a seven year cycle after
that.
Mr. Jerry Ristow, 516 Lower Heritage Way, stated 3/5 of the Council were not
here for the mill and overlay project. The project was against City policy because
the road met City standards. The road should not have been done so he was
trying to get some consideration from at least three Councilmembers.
Councilmember Fogarty did give residents some consideration to see that the
stability of the road was put back the way it should have been. The road was a
total nightmare. The residents fought with it all summer. The milling was not
done properly and there were no inspections done. Moving on from that, Mr.
Ristow read a quote from Councilmember Wilson:
Councilmember Wilson heard the project was a fiasco. After a
heavy rain he and his wife drove down Heritage Way to take a look. I saw what I
needed right away. My wife made the comment, why is the water sitting in the
middle of the road?
Mr. Ristow stated the water is still sitting in the middle of the road, even after the
seal coat. A road has a crown so the water runs to the curb. Lower Heritage Way
has three dips and the water sits there and runs down the middle of the road.
Hardly any water gets to the curb, unless it gets so deep it runs over. He
appreciated the fact they tried to seal coat it, but it doesn't work. The water will
sit there and we will have a worse road than we had before. His point is the
assessment has been reduced, but still it is an assessment from someone who
promised us we would not get assessed. Two of the Councilmembers that were
there at the time voted against this, because as Councilmember Wilson stated he
would not charge anyone for this. At the end, he flip flopped and charged us the
assessment of$985. This is the third assessment within four years you have
nailed us with; from Ash Street, the assessment for the road, and now a seal coat.
It is time it is over. Mr. Pete Gerten called Mr. Ristow today. Mr. Gerten came to
the Council on March 15,2010. Mr. Ristow read from those minutes:
Councilmember Wilson recalled there were three Councilmembers
pushing to have the entire seal coat covered. The $12,500 was the most we could
receive. Councilmember Fogarty did remember the conversation about the area
being seal coated previously. She recalled Council discussing it should come off
their assessment. (Mr. Ristow stated this was referring to 2003 where they paid
for a seal coat and then came back and tore up the road). Councilmember Fogarty
thought that had happened. She wanted staff to research whether or not the credit
actually happened, as that will affect her decision. City Engineer Schorzman
stated there was another meeting where the Mayor at that time did indicated that
was done. Staffwill verify if the 2003 seal coat amount was taken off the 2006
assessment. Councilmember Fogarty stated if it was not reduced then, the
residents should receive credit now. Mr. Gerten stated there are seven houses in
Centennial Circle.
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October 4, 2010
Page 9
Mr. Gerten had asked Mr. Ristow to make sure they received the credit as he did
not think it has been received.
Mr. Craig Strahan, 5850 Upper 182nd Street, stated based on the $7,000
assessment four years ago, you said the cycle was to seal coat 2-3 years later and
after that it is a seven year cycle. He asked how Hill Dee is assessed for a seal
coat now. We will be assessed $108? Staff replied yes. Mr. Strahan stated this
was done four years ago and we are out of the cycle. He did not mind paying, but
there have been three assessments within ten years. It sounds like their
neighborhood should not be seal coated for a few years yet. Mayor Larson stated
the reconstruction was done 3-4 years ago. After 2-3 years it is seal coated and
then the seven year cycle starts. City Engineer Schorzman stated the seal coat oil
lasts seven years and provides protection to the road. When new asphalt is
placed, the asphalt content is much lower than the 100% asphalt you put on with a
seal coat so the surface breaks down faster. We have found that 2-3 years after is
the time to do the initial seal coat and that will last seven years. The wear course
in Hill Dee was placed in the spring of2007. Mr. Strahan stated on Upper 182nd
Street there was gravel and 0 il put down. Staff noted that is the seal coat. Mr.
Strahan stated we have already been seal coated so what is coming is whether this
is charged monthly or for $108. Mayor Larson stated they will be assessed $108,
then the seven year cycle will start. Mr. Strahan thanked Council for the
explanation.
Mr. Colin Garvey, 22098 Canton Court, stated the project came in at $373,000 for
the original estimate and we ended up paying $963,000. Bonestroo's contribution
was $12,500. He asked why there is no accountability to the taxpayers. He
understood the people paying for their assessments, but who picks up the tab for
the rest. Why is there no accountability for the rest of the taxpayers and these
residents? At the time he was living at 1206 Sunnyside and he was assured that in
a couple years the project would be fmished, so he put a curb in. Either the City
ran out of money, or there was a problem, but we never fmished the whole
project. All that curb sits there and the water sits there. Sunnyside was the worst
part of the whole project. It is still not fixed. City Engineer Schorzman stated
that is part of the CIP Council reviewed at the workshop. He recalled both lifts
were done in the fall of2006 in the Sunnyside / Chateau Manor area. Mr. Garvey
wanted Council to note that address and when it freezes, drive through there and
see where the water sits. When the water freezes the curb and the driveways will
break up. A brand new driveway is pitted from the ice backing up on that street.
He never would have put in the curb if they were not going to redo the street.
Mr. David Pritzlaff, 20255 Akin Road, saw the estimated assessment number for
this project of$136. The current assessment will be $108, and $31.75 for
Sunnyside 1 Chateau Manor. When he was on the Council, he recalled the
$12,500 was to go against their seal coat. He asked about the price per square
yard this year. Is it per square yard of gravel, or is it 3 ft x 3 ft on the road? Staff
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Council Minutes (Regular)
October 4, 2010
Page 10
replied it is by surface area. The price was $.92/sq. yard for recycled aggregate.
Mr. Pritzlaff asked for the total square yardage of the Sunnyside area. His point
was if we take the square yardage for that area x $.92/sq. yard what does that
come out to and is that under or over $12,500 to the point where the residents
have to pay $31.75. If it is under they should be paying nothing. The $12,500
went strictly for that area to be seal coated because ofthe mix-up of the road.
Council worked hard to get something from Bonestroo and the best we could do
was to get a $12,500 accountability for that project. Taking the total square
yardage x $.92, we should know right now if that is over $12,500. If it is under,
they should not be billed $31.75. City Engineer Schorzman noted it is over and
that is why the amount is $31.75. Staff did exactly as Mr. Pritzlaff described; we
figured out the Sunnyside area x the price and subtracted $12,500 from the total
and divided it by the residential units in that area. It came out to $31.75. Mr.
Pritzlaff recalled there were approximately 100 residents in that area. Staff did
not recall the specific number of units, but did exactly as Mr. Pritzlaff described.
MOTION by Fogarty, second by May to close the public hearing. APIF,
MOTION CARRIED.
Councilmember Wilson stated one reason he voiced his displeasure over the
assessment last week, was last year we were looking at $130 - $140 per unit.
Staff recalled $120 per unit. Councilmember Wilson did not believe any
assessment would go into an investment fund and the money would be used
appropriately. The amount does vary year by year due to the mix ofproperties.
With regard to Mr. Ristow's comments, he voiced an opinion during Citizen
Comments about the use ofthe road and bridge fund. The option four years ago
was do we repair the road, which everyone agreed was a mess and it was a fiasco.
The option was do we assess $985 or try to get a reduction of$12,500. Ifwe had
torn out the road, the cost could have been double. Because we used significant
road and bridge dollars to buy down the cost to the residents, he would argue that
for Mr. Ristow's neighborhood there is a substantial benefit from the road and
bridge fund. It was a good use of the funds to do that because the project did not
work out well. There has been a perception tonight that the road and bridge fund
is being improperly allocated. From his opinion, he could not disagree more.
Council looks closely at how the money is used and the use ofthat fund is very
limited.
Mr. Ristow was not debating that. At the time, Councilmember Wilson was
having a tough time because the road was a mess. Councilmember Fogarty took
the stance and said we will fix the road right. You did not contribute to that,
Councilmember Fogarty had to push you to do that. To begin with, the road met
the pavement management standards. You spent tons of money for the study.
The road exceeded the standards and you tore it up anyway. You talk about a
misuse of road and bridge fund. Councilmember Wilson noted that is a good
point. The Council at that time was not aware there was a 2003 Pavement
Management Study. As we all expressed at that time, we were embarrassed that
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Council Minutes (Regular)
October 4, 2010
Page 11
there was a study showing your road did not need a mill and overlay, but a full
replacement. Mr. Ristow stated it did not say that at all. The road exceeded the
standards. The minutes stated we need to bring this road back up to standards
now because once we milled and overlayed an inch of blacktop, some of the black
dirt had not been removed from when the road was originally built.
Councilmember Wilson stood out there and told all the residents they would not
be charged for this. Then hit us between the eyes. Councilmember Wilson stated
the Council as a whole including myself went to bat for that.
Councilmember May stated regarding Mr. Strahan's issue, when it is a new
reconstruct the seal coat after 2-3 years is not part of the initial assessment. Staff
confIrmed that is correct because it is future work. Councilmember May stated if
you are in a certain group in that cycle, can you move to a different group if your
street is reconstructed. Staff agreed this would happen. Councilmember May
stated that was part of her issue of it not being the same for everyone year to year
and it not being related to the cost, but who is in your group. Those groups can
continually change. City Engineer Schorzman stated one thing we discussed in
having a ten year CIP versus a five year CIP, would be to avoid the potential
duplication of seal coating one year and two years later tearing it up with a
reconstruct. But whenever a reconstruct happens, you will fall into a cycle three
years after that and then seven years later. Councilmember May stated regarding
the Sunnyside area, she recalled they discussed whether those residents would
have to pay, but Council did not promise they would not have any payment. City
Engineer Schorzman stated the direction was to take the contribution Bonestroo
had promised and apply it to the assessment for that area. Councilmember May
stated that was her only concern was if there was an implication they would not
be assessed. There were a handful ofproperties that were not part of the overlay.
Staff stated there were one or two residents on corner lots that received notices for
the seal coating, but after review because oftheir addresses, they were removed
from the list.
Mr. Jerry Ristow clarified earlier he was talking only about Centennial Circle.
Their seal coat had been done two years prior to that and assessed. Mr. Gerten's
point was that if they were charged at the March 15, 2010, meeting, they should
not be charged for another seal coat. Mayor Larson recalled it was pro-rated. Mr.
Ristow noted Mr. Gerten's assessment is the same $31.75. City Engineer
Schorzman has done some research from that meeting and there was no official
Council action taken to take the remaining life of the seal coat and apply it to the
assessment for the mill and overlay project or to a future seal coat. There was a
lot of discussion, but no action taken. Mr. Ristow had minutes from the March
15,2010, meeting where the Mayor at that time did indicate that was done. City
Engineer Schorzman stated he did verify that was discussed, but not acted on.
Council can chose to do that tonight.
Councilmember Fogarty thought the Council left the impression regarding the
2003 seal coat that occurred prior to the project, that we would pro-rate the
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Council Minutes (Regular)
October 4, 2010
Page 12
number of years and either take it off their next seal coat or take it off the
assessment at that time. Staff is saying neither was done. She wanted to advocate
that be done now. She was left with the understanding that was going to be done
for those people. They deserve to get that portion of their seal coating back. If
Council did not make a motion, she was in part to blame for that. She was under
the impression that would happen. She wanted to advocate for that today.
Councilmember Fogarty asked if after a reconstruction is done, a line could be put
in the notices that in 2-3 years the road will be seal coated and there will be an
assessment. Mr. Strahan stated what upset his neighborhood was they received a
letter a year ago that they would receive an assessment for a seal coat. Their
street had been torn up and they paid $7,000 and then received this notice. He has
been told others were assessed $220. Now he has received a third letter, second
one within a year, that his street will be seal coated again. He came to fmd out the
process. He wanted to confIrm he is getting charged the $7,000 and another $108
and not an additional $220. Staff confIrmed that is correct.
Mr. David Pritzlaffnoted Councilmember May asked staff when work is done 2-3
years after seal coat they are moved to a different group. Councilmember May
clarified after the initial reconstruction, then residents fall into a different cycle.
Mr. Pritzlaff stated ifwe are going to do a full reconstruct in two years and you
are on the seven year cycle, then the seal coat would not be done two years prior
to the reconstruct. He noted that is not true to plan. On 4th and 5th Streets we seal
coated that and did some curbing and then two years later tore that up. Mr.
Pritzlaffasked when the $12,500 was received from Bonestroo. City Engineer
Schorzman stated two weeks ago. Mr. Pritzlaffrecalled when he was on the
Council, the previous Finance Director stated they received the check from
Bonestroo back then. Council was adamant back then to get the money in hand
because things can change. Council fought hard for that money and we were told
the check was in hand that many years ago. Ifwe had $12,500 for the seal coat,
what would have been the interest that could have gone towards that seal coat?
The biggest thing back in March was where is the check, and now we are told it
was received two weeks ago. Mayor Larson stated unfortunately that Finance
Director is not here anymore. Mr. Pritzlaff asked why we were told one thing
then, and now something totally different.
MOTION by Fogarty, second by Wilson to adopt RESOLUTION R58-10
approving the assessment roll for the 2010 Seal Coat project and accepting the
change in the seal coat assessment to pro-rate the properties in Centennial Circle.
APIF, MOTION CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
11. UNFINISHED BUSINESS
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Council Minutes (Regular)
October 4, 2010
Page 13
12. NEW BUSINESS
a) Authorize Elimination of Positions for 2011 - Administration
Mayor Larson felt this is an item that needs a lot of discussion. Council has heard
from some of the business people on one position. His suggestion is to continue
taking discussion, leave this open, and continue working on it until we explore all
options.
Councilmember Wilson felt this was a reasonable idea. One of the things
identified by the City Administrator was a notice of positions being eliminated.
Council's dialogue has suggested the proposed elimination of one or more
positions. At the same time, Council had a workshop last week where we had
ideas such as closing the warming houses, making sure park and rec programs did
not get eliminated, and there are a lot of open items. He did not want to close any
budget items until we resolve the full picture of what we are looking at. One
thing that came up that made some publicity is the elimination of Kleenex, toilet
paper, and hand soap for the Rambling River Center which is something he would
never support. Ifwe are down to that type oflevel of reduction, it clearly
indicates Council needs to have more discussion on the budget. He would be
uncomfortable acting on two independent positions tonight without having a full
dialogue of the budget. We are not just planning for 2011. We are trying to plan
for the next 2-3 years and be very strategic about how we do it. He wanted to
know what the impacts are, pros and cons, of eliminating two positions, retaining
two positions, modifying how they look, etc. A resident also pointed out an item
that Council has been informed on regarding the $130,300 worth of staff
reductions. Another item that is open is the potential funding for the Deputy
Registrar. There is about $750,000 to be applied to debt service and our revenues
are declining. We will need to do something, but the idea of continuing the
dialogue is good and he would welcome the business owners to continue to have a
conversation with Councilmembers. It is our job to work with staff and articulate
our game plan for the next two years.
Councilmember May was fme with discussing this more. We have a workshop
next Monday, but Council does need to make some decisions on Monday. Not
only for all of the residents and businesses in the community, but for potentially
some individuals that are involved. She wanted to make sure everyone
understands a big reason why we are discussing staff cuts. Council is faced with a
$750,000 debt payment on Vermillion River Crossing. This year, more than last
year, we have had very detailed budget discussions. The fIrst thing was how are
we going to tackle this big bill that is due. The options recommended by staff
was to borrow from funds that are carrying positive balances and pay ourselves
back with interest, or pay it and be done, because there are other debts that will be
owed as well. Council made a responsible decision that it is best to pay the debt
and move forward. There is no way we could expect the residents and businesses
to pay the entire debt. It will be a combination of an increase in taxes in addition
to some cuts. When 85% of your budget is labor, that is where we are. We all
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Council Minutes (Regular)
October 4, 2010
Page 14
agree we want to focus on economic development, but what the City desperately
needs is an Economic Development Director. We are at a big disadvantage, and
she was not speaking down about anyone that does work in the City, but that is a
position that the community desperately needs. We cannot afford both positions,
so that is why that position was brought up. She has confidence that the City
Administrator can make sure we all still get the services the residents and the
businesses expect ifwe do have to make cuts. It is not an easy thing to suggest,
but the hard decisions have to be made. If the staff is not going to present
something other than paper supply cuts, Council will have to do it. Ifwe are
going to wait until the workshop, then we can have more discussions about it. It
is tough economic times and we have a big debt to pay and we have to figure out
how to do that.
Councilmember Fogarty supported more conversation and has received a lot of
information within the last 24 hours that she would like more time to digest. She
agreed with Councilmember May, that there is a misrepresentation that Council
takes eliminating positions lightly or that it does not weigh on us. We understand
the market and the challenges. It is not an easy decision. No decision has been
fmalized, but we do have to consider everything.
Councilmember Donnelly agreed it is a tough decision. He does not feel it is his
job as a Councilmember to pick positions. The only person that works for the
City Council is the City Administrator. That is the only person we hire or fire.
He was not competent to decide how the City is run, or if this is a good model.
He was very uncomfortable with picking a position and saying we don't need that
one or that one. He was not here everyday and does not know what people do.
He relies on the City Administrator to make those decisions; that is his job. He
was open for discussion, but we have a budget we have to live within and we will
do that. We have not decided for sure what stays and what goes. The whole idea
of the Council picking positions is very uncomfortable. He felt it sets a bad
precedent. He was on the School Board for seven years and teachers came and
went. That was the Superintendent's job to decide that, not the School Board.
This is the same model. When you go to the LMC training that is the first thing
they tell you; the only person you hire and fire is the City Administrator. We will
have more discussions. These are people and have careers; they are owed an
answer. We cannot make a decision at a workshop, we can only discuss it.
Mayor Larson agreed with Councilmember Donnelly. It is the City
Administrator's job to pick and choose. The only thing is, when staff asked
Council for our opinion what to do with the budget, four out of the five
Councilmembers turned in suggestions and the majority said unfortunately we
will have to make staff reductions. That is when staff went to work on the latest
budget and it came back with no staff reductions. Council asked the City
Administrator to reduce staff, and he didn't. As Councilmember May said, now
Council has to do it. No one likes to do it. Mayor Larson was uncomfortable
with what staff brought to Council for the $400,000 reductions. It was
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Council Minutes (Regular)
October 4, 2010
Page 15
professional services and office supplies. We are looking for a long term fix, not
a short term bandaid. That was Council's vision going into it, and that is what
Council gave staff and we did not get that back. That was really disappointing.
Unfortunately, we have to take matters into our own hands. One reason why is
because the City Administrator asked us to. He said if Council wants that done,
you will have to direct me to do it, so that is what Council is doing as far as staff
reductions. Councilmember May brought up a good point, we got into this mess
because of the bond payment for Vermillion River Crossing. Unfortunately, the
former Finance Director did not have a plan for it and now we have to deal with
it. On another issue, he does not appreciate reading in the paper from staff that
the City Council does not know what they are doing. Council gives direction.
Unfortunately, in the St. Paul Pioneer Press and the Farmington Independent, he
read where the Council does not know what they are doing, and what the result of
their actions will mean. It was very disappointing to him and he does not want to
see that happen anymore. We give direction for a reason and we do not take it
lightly. It is not an easy decision to make and it is a serious decision. We are
looking out for the City long term, not short term. In his opinion, the last budget
document that cut $400,000 was not satisfactory. It was not what Council asked
for and it will not help anything in the long term. As Councilmember Wilson
said, we do need to talk about this and leave it open. Whether those positions get
eliminated or not, that is yet to be decided and we will talk about it at the
workshop. Hopefully staffwill come back to us with better recommendations
than office supplies and professional services.
Councilmember Wilson noted two years ago we laid off someone from our Parks
Department and that was clearly identified in the budget at that time. The longer
we go without being given direction as to what the $130,300 is, the more that puts
us into a box as well. He hoped there will be dialogue about that next week. In
order to have dialogue about any position, we need to know what staff is
proposing.
Councilmember Fogarty stated in the last budget discussion we realized quickly
there were a lot of questions the City Administrator could not answer. She
suggested that if department heads can be at the next workshop, that would be
helpful.
City Administrator Herlofsky stated the issue regarding reductions in staff is a
very sensitive one for all of us. The issue he is concerned about is that there were
specific positions noted by the Council. If the Council wished to say we need to
reduce two people, then that puts him in a very interesting position. Ifhe comes
to Council with two positions, and Council says we don't want those two, we
want these two, it creates some real issues for him. The reason for the item being
placed on the agenda in this format is that at the last workshop we said what does
Council wish? Is it a reduction of two positions, or are there two positions the
Council has decided are not necessary? We have a situation where the main issue
is sensitivity to the employees. He is at a disadvantage ifhe says I will remove
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Council Minutes (Regular)
October 4, 2010
Page 16
these two positions, and Council says no, come back with another two. That
creates some morale issues and makes his effectiveness and the Council's
effectiveness really difficult. We have had some very interesting budget sessions
over the last couple years. There is more than toilet paper in the budget
reductions. There is $400,000 in budget reductions that were brought back in
good faith. There were a variety of professional services and training and things
of substance. $400,000 was a lot. After we brought that back, Council said we
need more and that is when we got into the issue with individuals. The reference
made to the $400,000 does include $130,300 in stafImg. He was looking for
some direction from Council because we still have the Deputy Registrar office to
see if that is part of it. He needed to find out whether the Council was willing to
say we will reduce two positions and we will trust the City Administrator to select
those positions in an appropriate way. He was not given that much; it was Peter,
reduce these two positions. He has to recommend what he feels comfortable with.
He will not recommend what one, two, or three Councilmembers have suggested
to him. That has happened in the last couple budget sessions. He has not
recommended those two specific positions; he needs much more room to do that.
He does not want to argue with Council, but he has his own ethical standards. If
it is going to be his recommendation, it needs to be his recommendation, not a
recommendation that has been told to him by someone else. He works for the
Council, not any individual Councilmember. He would like to find a way to work
this out. Mayor Larson stated Council was confused because we did talk about
staff reductions last year and the City Administrator said to trust you and those
were your decisions to make. This year when we talked about staff reductions,
the City Administrator said he will not recommend any, Council has to
recommend them. So that is what Council did.
Councilmember May stated to give staff some direction, there was extensive
conversation that we needed to look at one position in the management level. We
can discuss more later without having to name a particular position, but looking at
long term cuts. What she is hearing the City Administrator saying, is he wants
Council to tell him. We need to get it all out Monday night and figure it out so we
can move forward.
Mr. David Pritzlaff stated two years ago these cuts were proposed and
Councilmembers Fogarty and Wilson did not want to look at these cuts or any
cuts. When Councilmember May brings up the money for Vermillion River
Crossing, over the last 2-3 years we have not reduced any positions. In the paper
it was stated these two positions would save about $200,000 a year. Any
positions proposed 2-3 years ago would look real good because we had a
downturn in the economy. We should have been looking at cuts three years ago
rather than when we are in the worst times and we could have had $600,000 in the
budget by making those cuts. It is true, this is not Council's place to do this.
Council made the recommendation at the last budget workshop to the City
Administrator to do this. Now for him to bring it back and put it to a vote in front
of the Council, is not your job. As Councilmember Donnelly said, you are in
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Council Minutes (Regular)
October 4, 2010
Page 17
charge of the City Administrator and he is in charge of everyone else. What
Council recommends to him, he needs to follow it. Otherwise Council is getting
into personnel matters. Which it has always been said Council does not deal with
staff. Whatever is recommended in upcoming workshops needs to be done and
not brought back to Council to vote. It puts Council in a bad position, gets
Council tied into personnel matters, and Council is not the boss of the staff: the
City Administrator is. He needs to say this is what Council wants me to do. The
fIrst recommendation from the City Administrator was to propose no staffmg cuts
this year. All we have done in recent years is looked at people who have retired
as far as staffmg reductions aside from a Parks and Rec employee. That is money
out of the budget, but that is not making cuts. Council did recommend a cut to the
City Administrator and that is where it has to stay. Keep Council out of personnel
matters and let the City Administrator do his job according to your request.
Councilmember Fogarty wanted to clarify that removing a position from the City
budget because someone retires is a positive stand. It is eliminating a position
from the City. Just because it was done voluntarily and not as a layoff does not
mean it does not count. It very much counts. It is positions that are no longer
within the City and every other staff member has to do that much more. She will
not pretend like those don't exist and they don't affect our staff; they absolutely
do. Mr. Pritzlaffwas not saying they do not make a budget impact, but over the
course of the downtown and the economy, looking at neighboring cities, Lakeville
is at current staff levels of2001. That does not happen from retirements. They
saw a downturn in the economy beforehand, took some initiative and made cuts.
Sometimes more than just retirements are needed.
13. COUNCIL ROUNDTABLE
Councilmember Donnelly: Regarding Mr. Garvey's comments, the franchise fee is not
an attempt to build a slush fund. It is another means to fmance the seal coating projects
in a fair way. To insinuate we will raid it for other things bothers him. We are trying to
come up with a fair way to fund the work that has to be done. We are not trying to cheat
people. It is not finalized yet, but as you can see the assessment problem is not golden
either. It is an attempt to streamline that, make it fair for everyone, and to cover the cost.
We are not trying to build a big fund. That is not the intent ofthis Council or City staff.
Councilmember Wilson: In the six years he has been on the Council, regardless of
the dynamic of who the Councilmembers are or the issues that come up, all of us try to
work as a team. He hoped that as we work through the budget issues, we continue to
have open dialogue about this. He feels like we are getting into a situation we have had
the last couple years which he fmds frustrating that it is Council versus the
administration. He views the City Administrator and staff as part of a team that is trying
to work for the best interests of the citizens of Farmington. Whether we have individual
disagreements about issues it is because we all care about the City and we are looking out
for the best interest of the taxpayers. He hoped we can approach the next couple weeks
of budget discussions with the perspective that even if a position is eliminated, it is not
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Council Minutes (Regular)
October 4, 2010
Page 18
something any of us takes lightly. It is done in the best interest of the City and we all
need to be on the same page with what needs to get done.
Councilmember Fogarty: She attended the ribbon cutting at the Ice Arena. There
were several dozen people in attendance and she appreciated them coming. Tryouts are
starting for the hockey season and she is hearing nothing but great things about the ice.
People are very happy with the investment made in our community.
She has had no less than a dozen people thanking her and Council for the trail. She has
yet to go down Pilot Knob and not see several people on the trail. It was a nice addition
to the community.
She thanked everyone for great homecoming events.
Councilmember May: Promised to keep an open mind and stay positive and
wanted to reach out to those employees who feel they are on the fence. It has to be very
difficult. She promised she will do her best to work with Council and staff to come up
with the best solutions for everyone. There are decisions to make and she promises to do
her best and keep an open mind.
City Administrator Herlofsky: Suggested having the ribbon cutting for the Pilot
Knob trail on October 18,2010, at 6:00 p.m. at the intersection of200th Street and Pilot
Knob Road. We will contact county representatives so they are aware of the event.
Mayor Larson: The Haunted House for the troops will be held this
weekend. It is a tremendous event and well supported by the community.
He thanked the VFW for inviting him to the annual dinner.
A resident stopped him regarding the Pilot Knob trail and said it was the worst decision
ever made and no one will use that trail. On his way home, he noted there were five
different families using the trail. Then he knew it was the right decision.
He encouraged residents to shop locally.
14. ADJOURN
MOTION by Fogarty, second by Wilson to adjourn at 9:02 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
Cynthia Muller
Executive Assistant
25
Budget Workshop Minutes
October 11, 2010
Mayor Larson called the workshop to order at 6:00 p.m.
Present:
Also Present:
Larson, Donnelly, Fogarty, May, Wilson
Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Jim
Murphy, Police Sergeant; Randy Distad, Parks and Recreation Director; Todd
Reiten, Municipal Services Director; Lisa Shadick, Administrative Services
Director; Brenda Wendlandt, Human Resources Director; Tim Pietsch, Fire Chief;
Cynthia Muller, Executive Assistant
Councilmember Wilson wanted to discuss the Deputy Registrar Supervisor position that was
posted. MOTION by Wilson, second by May to approve the agenda. APIF, MOTION
CARRIED.
Utility Franchise Fee Discussion
In determining the costs for seal coating, staffuses Residential Equivalent Units (REU's).
Currently there are 5,365 (80%) residential REU's and 1,310 (19.6%) non-residential REU's.
The franchise fee comparison cost is residential 65.4% and non-residential 34.6%. The franchise
fee would be a shift in how seal coat costs are currently disbursed. Staff looked at adjusting the
franchise fees to make the disbursement comparison equal to what it is currently. The residential
gas and electric franchise fee was $l.60/month; the adjusted amount would be $1.95/month.
Staffhas not received agreement from the utilities yet on this adjustment. The City Engineer did
a comparison of prices per square yard over the next seven years which shows an increase of
approximately $400,000 per year. From 2002 to 2010, the costs for seal coat will more than
double.
The road and bridge fund received money at different times and the revenues were not
consistent. To fund future seal coating, the cost will have to be 100% assessed or 100% levied.
Councilmember Fogarty noted residents were concerned with a surcharge. Staffhas been able to
talk with one utility company and staffwas told there would be no surcharge added onto the
franchise fee.
Councilmember May recalled the City Attorney said Council would need to approve a franchise
agreement ordinance. This is only for the franchise agreement. The franchise fee ordinance is
separate. There is currently a cable franchise fee which pays for broadcasting of cable
communications, web streaming, and staff time.
Council discussed the proposed fees and the adjusted fees. At a previous meeting, there was
concern about overcharging commercial customers. The adjusted fees make the disbursement
between residential and commercial consistent with the current process.
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Council Workshop Minutes
October 11,2010
Page 2
Mr. Jeff Thelen, Thelen Cabinets, agreed with keeping the 80%120% split between residential
and commercial, but he felt that does not tell the whole story. Even with this split, on the
commercial side there is still a huge inequity. There are huge property owners who have no gas
or very little electric demand, but own 100 acres. They have no meter and they pay no fee. An
example is Marschall Lines. They have a small electric non-demand meter only and they would
come in at $2/month and they have no gas meter. There is also agricultural land with residential
along Flagstaff and Fairgreen Avenue. If they are on a gravel road, they currently are not
assessed at all for seal coating, so the franchise fee does make that situation more equitable. Mr.
Thelen recognized there will not be participation from the City for seal coating and there is
inflation. He paid $613 for seal coating last time for 8 REU's. He had some questions to be
answered at a future meeting.
Mr. Thelen wanted a comparison on what we pay now and what we will pay in the future and
compare that to his building and his neighbors. If staff wants this to be fair, it has to be someone
with a similar size building on a similar size piece of land, would pay a similar tax. He has 2.08
acres on 21075 Eaton Avenue. He has a demand meter. There is a big difference between a
non-demand and a demand meter. He asked for an explanation on why because he uses a little
more electricity, his road fee goes up. He does not understand the connection. It is not how
much land he owns, it is not how much the building is worth, it is how his electric meter sits.
Directly across the street at 21080 Eaton Avenue, it is a steel building, 1.66 acres, a non-demand
meter and his electric meter will be charged $2/month. Mr. Thelen will be charged $18/month.
Behind him, to the west there is a parcel that is double the size at 3.82 acres at 5145 211 th Street,
Minnesota Pipe. They have a big storage yard, trucks coming and going and a lot of deliveries
and Mr. Thelen assumed they also have a general demand meter. Mr. Thelen stated no one can
drive by that building and determine how much tax he will be paying. The only one who can tell
how much tax they will be paying is the utility company. Council and administration do not
make that decision anymore. Mr. Thelen cannot vote out of office the people who make the
decision on how much tax he will be paying because how fast his meter spins determines how
much tax he will be paying. Before adjustments, Mr. Thelen will be paying $3,360 over seven
years. The other two parcels will be paying approximately $1,449. One property has double the
acreage and one has a similar acreage, but Mr. Thelen is paying double the price.
There is a platted lot in the industrial park that does not have a building. On the northwest side
ofthe industrial park, Mr. John Devney owns 26.2 acres. Mr. Thelen assumed if there was a seal
coat on that property in the assessment process, he would pay his fair share. With the new
process there are no meters, so he is paying zero.
Regarding Dodge Middle School, Mr. Thelen assumed the schools have the same REU division.
This school has 46 acres which would be 184 RED's x $108. He asked if that is what they pay
for their seal coat. He does not know what kind of meter they have and neither does the City,
because you cannot obtain that information from the utility companies.
Townhomes versus apartment buildings - on Lower Heritage Way in the 700 block, there is an
8-unit apartment building on the north side ofthe street. In the last seal coating they were
charged 3 REU's. On the south side we have attached townhomes, but they are considered
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Council Workshop Minutes
October 11,2010
Page 3
single family townhomes. There are 12 townhomes. Taking eight townhomes, the apartment
building is being charged three REU's. Instead of coming up with a brand new tax that has
many loopholes, let's go back and work on the assessment process we do now and get the
assessments more in line. The formula might work better ifwe count multiples, and not let an 8-
unit apartment get by with less than half.
City land - does the City participate in the REU's with parkland, drainage land, ponds, buildings,
pool, ice arena? Will the City participate in the future?
Does ag land only pay? Are they currently assessed for seal coating? If a school has 40 acres is
it divided by the same amount his land would be?
Churches and non-profits do pay assessments under the current assessment policy. They do not
pay property taxes. Ifwe go to a straight levy, they would not pay. Mr. Thelen stated if the
franchise fee was based on the dollars that pay for the meter, that might be different. This is just
the type of meter. Mr. Thelen explained that a demand meter has a needle that goes higher
depending on how much demand is required to run his equipment. His demand is between 50 -
53. This is multiplied by $9 in the summer and $7 in the winter. That is before he uses his
electricity. Then they go back to meter 1 and determine the total kilowatt hours. Mr. Thelen
asked what this has to do with how his roads are seal coated. Absolutely nothing. Schools are a
big user. In the adjusted amounts, the large commercial/industrial went from $75 to $18/month.
Mr. Thelen asked if there is any City-owned property that will pay anywhere near or more in
franchise fees than what they are paying now, or will all City properties be less? How do we
collect the tax on delinquent accounts? Mr. Thelen read from the franchise agreement a section
which states the City will allow the utility to make an adjustment on their franchise fee so they
do not lose that business.
Mr. Thelen has heard that the road and bridge fund has some financial difficulties. This fund has
had an influx of money left over from the construction of Pilot Knob Road. This is where the
50% participation for seal coating has come from. Mr. Thelen asked how the money from this
construction got into the road and bridge fund to be used for seal coating. Staff explained the
road and bridge fund is used for more than just seal coating. It is used to repair roads, including
Pilot Knob Road. Every time we seal a road it comes out of the road and bridge fund. We
bonded for 195th Street and the road and bridge fund also made those bond payments. There are
funds that go into the road and bridge fund from the county, state aid, grants, and various areas.
When you look at the portion of this fund for seal coating, the only money we have been able to
use is anything left over from any other projects because everything else in there is designated
for certain things. Mr. Thelen stated if he goes back 11 years and fmds there was $500,000 left
over from Pilot Knob Road that was not needed for the construction project, maybe we were
assessed too much. Obviously, the assessment was too high or the bond was too high and that
money should have been paid back against the bond or the assessments against the property
owners should have been reduced. Staff explained the project came in at a lower cost. Because
of this that money was set aside to be used for seal coating. City Administrator Herlofsky
explained with seal coating we have intermittent funds and we want to have an ongoing program,
so we need to have a steady revenue stream. The issue of how the money was handled, we need
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Council Workshop Minutes
October 11,2010
Page 4
to take a closer look. Mr. Thelen asked ifthere are extra funds for a road project, does that
automatically get placed in the road and bridge fund for a future project? Mayor Larson stated
for Walnut Street, if the project was fmished for $1,000 less, where does that $1,000 go? Staff
replied it goes to pay the bond. City Administrator Herlofsky stated some of the issues with Pilot
Knob Road also have to do with how surrounding developments paid for their portion. If there
are various funds from other agencies that reimbursed us and because of the development policy,
what previously were MSA funds, could now be used for other road and bridge activity.
Mr. David Pritzlaff, 20255 Akin Road, regarding the road and bridge fund there are certain
things the fund can be used for. He asked for a list ofthose items. He asked if the road and
bridge fund is meant for seal coating, how could the City spend $129,000 from that fund for a
trail. Mayor Larson stated staff will provide him with the breakdown of how the trail was paid
for. Only a small portion came from the road and bridge fund.
Mr. Pritzlaffthen spoke about the franchise fees. He figured the fee two different ways. At
$1.60/month/utility he will pay $3.20/month x 12 months is $38.40 x 7 years is $268.80. With
the adjusted amount he will pay $3.90/month x 12 months is $46.80/year x 7 years is $327.60.
His last assessment was $135 and he would rather have that assessment. Council noted the new
assessment will be double the amount because the other half came from the road and bridge
fund. His new assessment would be $270. Mr. Pritzlaff asked why not go back to lineal yardage
per property. He asked how his road can cost more, except for the width of the road, than the
industrial park roads. The businesses will be paying a lot more and why would they want to stay.
Mayor Larson noted we have a lot of work to do with the franchise fee.
Mr. Pritzlaff asked about people who apply for assistance for gas and electric usage. That is
taxpayer money. Staff noted some of that money comes from donations. Mr. Pritzlaffstated it is
not just Farmington's tax dollars, it is also State taxes. An audience member stated in Dakota
County, assistance is privately funded by the CAP Agency.
Mr. Pritzlaffwould like to see a more fair assessment for the roads. He suggested changing the
schedule to get the categories more even. He asked why residents and the businesses should pay
more one year, when everyone is getting the same thing as others did the year before. Mr.
Pritzlaff stated the most productive thing is to figure out where things are now, let residents keep
their money for six years, and make it more fair for everyone.
Mr. Pritzlaff also commented on the street light utility fee. There are apartment buildings paying
far less than they should be. You could have 80 people in the building and there is one utility
bill.
Councilmember Wilson stated if the goal of Council is to get new businesses in and we are
punishing them with new fees, then we are not interested in attracting new business. He felt we
need to have an honest dialogue with residents and tell them the story. Maybe there needs to be
more cost sharing on the residential side. He does not fee the City should be collecting money
for a future benefit. Maybe a resident will not be here in seven years. He did not agree with the
franchise fee.
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Council Workshop Minutes
October 11, 2010
Page 5
Regarding the Pilot Knob trail, Councilmember Wilson stated we used $119,600 from the road
and bridge fund, $10,000 from the Park Improvement fund, and Dakota County paid $158,400.
The largest portion we drew from MSA funds. For 2010 Farmington has $645,186 in MSA
funds, of which $161,297 is for maintenance contribution and the other $43,869 is for
construction. The State has given us that money because there are allowable construction
projects on State .Aid roads.
Councilmember Fogarty wants a long term plan. We cannot continue to contribute 50%. As far
as things being equitable, that has been discussed. She is open to suggestions, but currently we
do have a long term solution. We need to change the policy that the City no longer pays for half
the seal coat if we continue with that policy. Councilmember Wilson stated just because
someone is in a different mix, you should not pay $70 one year and $150 next year. We cannot
change that, but maybe we look at a fIxed amount. Councilmember Fogarty noted the League
has advocated every year for a utility fee for this situation. No matter what we choose, it will not
be equitable for everyone. City Administrator Herlofsky noted staffwas directed in July to look
at options. Ifwe want to do this for next year, we have to resolve this soon. If Council has no
interest in franchise fees, staff needs to know. If Council has interest, staffwill continue
working on it. Councilmember Fogarty stated no matter what, we do need to renew our contract
with the utility companies.
2011 Bude:et
Staff provided information on the Parks and Rec budget adjustment of adding back in $23,494.
Staff also discovered a $73,000 item for the Fire Reliefpension that needed to come out of the
general fund. Council was also given a budget summary for the Deputy Registrar. Staff is
looking for a commitment from Council to do this. An ad has been placed for this position and
also some existing staffwill be used which would mean a reduction in the general fund. Staff
does not expect to make money in the fIrst year and hopefully, will break even. The main
purpose was to create more traffic downtown, bring more people to the area and spur economic
development activities.
Councilmember Wilson was surprised with the Deputy Registrar posting. We are trying to
reduce the budget and the position would mean another $51,000 - $60,000. He would like to
have some comparables from other cities, whether to run it as a City enterprise operation or
through a contract, and to provide more information. He felt there should be direction from
Council to do this in 2011, and then go with it. Councilmember Wilson was not aware of any
direction from Council to move forward. City Administrator Herlofsky stated Council did give
an indication to staff that they were interested in doing this. We have provided a budget
previously and an exact start date has not been determined. It would probably be in 2011. By
placing the ad we were testing the market. It is not unusual to close a position and not hire.
Councilmember Wilson stated Council has spent hours weighing other positions, and here we
have not decided ifwe will open the operation. All Council has done was to enable legislation to
do this. City Administrator Herlofsky stated he cannot hire, only the Council can.
Councilmember Wilson noted Council only has the ability to hire the City Administrator. The
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Council Workshop Minutes
October 11,2010
Page 6
City Administrator is in charge of running the City. Council only sets legislative policy and
Council has not directed this policy.
Councilmember May was also surprised, because she was wondering when it would be brought
up in the budget discussions as to when we will do this and how it will fit. It is late to try to put
this in the budget now. City Administrator Herlofsky noted he sent this out awhile ago asking
for comments and no comments were received. The action was taken that Council has an
interest in doing this. We are exploring options. Nothing has been done. City Administrator
Herlofsky noted he does not have the authority to hire and fIre. City Managers have that
authority. Staffhas been discussing how to proceed with this. Council is concerned with a great
deal of issues with the general fund and this may help to resolve those issues. Council has said
to have a Deputy Registrar office. If that has changed, Council needs to say so. Councilmember
May noted to have that discussion and actually place an employment ad is different.
Mayor Larson would still like to see the Deputy Registrar office. He would like to see a model
staff has worked on as far as staffmg. Councilmember Fogarty would like to know what other
cities have done, numbers, and more of the information staff has collected. It would be good for
the entire area. City Administrator Herlofsky noted if we want to start this at the fIrst of the year,
we have to initiate something as far as an approval process. We would hire a person with some
experience and another person from current staff if we are looking at reductions. Mayor Larson
would like to see that model and what staff has. Councilmember Wilson stated he was not
disinterested, he felt we were jumping ahead.
Councilmember Donnelly stated the general fund would have to subsidize this office for $88,000
for the fIrst year. Staff noted the total expenditures are $186,773. Depending on the amount of
service provided, other cities break even or make money. Until we get up and running, we will
not break even for at least a year. Ifwe have an experienced person that understands all the
legalities of operating the office, we should meet half the cost. The ad has been placed on the
LMC website and the City's website. Staff discussed some of the information they have
obtained and Mayor Larson noted Council needs to hear more of that type of information.
Councilmember Wilson stated based on the budget, the arena is borrowing money, the liquor
store transfers money, the senior center will require a transfer, there may be a small amount from
the street light utility, and we have new debt payment. He was supportive, but did not see how
with a small amount of information, we can start a brand new business in a month. We are
starting a business, have not considered contracting out for the business where we could lease the
space and receive money, and we should have an analysis of where is the competition. We need
to be aware of all the pro's and con's and be prepared for two to three years of having to pay
money into this. He wants to be supportive, but very cautious.
Councilmember May thought Council would fmalize the budget and then figure out how this
would fit in and maybe consider it next year. She felt we should tend to the current budget
issues. This is not a necessary service. It would be nice, but not something we have to do. We
have to make sure we can fund the services we need.
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Council Workshop ?vIinutes
October 11,2010
Page 7
The Council discussed the 2011 budget. They were given a preliminary budget and results of
discussions from the last meeting. There were items added back into the general fund from Park
and Rec amounting to $23,494, and there is a Fire Relief issue where we owe $73,000. Staff did
not provide any cuts for these items.
Councilmember Fogarty thought about Councilmember Donnelly's comments at the last meeting
where Council's job is to hire the City Administrator to run the City with the policies Council
sets and come up with solutions Council lays out. We asked to have the budget cut by $400,000
and a $500,000 option. She feels Council went beyond their bounds in identifying positions.
There was frustration because Council thought they gave clear direction and it did not come back
in the form requested. She felt Council has given clearer direction as to what they want. They
have made it clear that in order to meet the Council's goals of $400,000 and $500,000 reductions
staffwill have to be eliminated. That goes on Council's shoulders, but it is up to the City
Administrator to determine those cuts. That is where Council goes from setting policy to the
nuts and bolts of how the City is run which is what the City Administrator was hired to do. If
Council is unhappy with what is being done, then it is up to Council to take care of that situation.
She would like this put back to the City Administrator with $400,000 and $500,000 in cuts. She
hoped Council has made it clear about things that are not palatable, such as closing the arena and
the pool. If staff thinks they can cut paper supplies by $5,000, then Council will hold staff to
their budget, but Council is concerned that Council is being set up to need $7,000 and there will
be nothing we can do about it. She did not want to be so short, that in case of a storm, we do not
have the resources to help our residents. Council understood to have that safety net, another
position may have to be eliminated that the City Administrator is not comfortable
recommending, but Council would rather make sure that safety net is there. Every year has been
bad for the budget and Farmington is not alone in this. Council needs to regroup and remind
ourselves what our role is.
Mayor Larson agreed. We went too far because we thought we gave clear direction and what we
got back was not anything we asked for. That was very frustrating. One of the things we need to
consider is having a safety net. Is Council okay with Engineering cutting $30,000 in
professional services? People will have to wait for engineering reviews. Is Council okay with
Police reducing training, shooting supplies, and equipment? Is Council okay with eliminating
the maintenance agreements on the IT equipment and eliminating security training? Is Council
okay with not having mandated employee training? Are we setting ourselves up for a liability if
something were to happen? Is cutting things that close and not doing things we should be doing,
setting us up for failure? Councilmember Fogarty stated Council's job was to redirect with that
information. Mayor Larson was not comfortable with cutting things that close.
Councilmember Wilson was concerned hearing that staff morale is low because Council is put in
a position of weighing employee A, B, C, or D. He did not want to do that. He is not at City
Hall to determine which employee should be at the City. He trusted the City Administrator to
make a recommendation to Council. If he can show Council how he can run the City operation
where we do not have concerns with the items mentioned previously such as training, without
reducing staff, he is fme with that. Ifwe do not have to layoff staff, that is okay. It becomes
stressful when Council's dialogue with other people is which person do you want to fire. He is a
Councilmember who makes the broad policies. He stated Councilmember Fogarty's direction is
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Council Workshop lVfinutes
October 11, 2010
Page 8
good, but he encouraged the City Administrator to bring back a variety of options with a series of
recommendations to review. Councilmember Wilson would like to see what $500,000 in
reductions looks like.
Councilmember May went back to the philosophical decision made to pay the debt in full. She
thought it was understood by everyone at the table that there was no way to do that with just
increasing taxes. Unfortunately, we would be looking at staff reductions. When we got to the
point where we were saying positions out loud, no one on Council wanted to be in that position.
It became increasingly frustrating because it never was an option presented to Council except for
maybe some layoffs without knowing where that would be or how it would affect the City.
Referring to Councilmember Donnelly's comments, she did not feel we should be comparing the
School Board to the City Council. When the school district had a lot of cuts, if the
Superintendent had cut all teachers, the School Board would have had a problem with that.
There were individuals at all levels with a lot of reorganization. She does not want to be
involved with looking at individual job descriptions, but she also respects that the City
Administrator will look at everything. She has never gotten that impression. She has yet to see
the $500,000 and now we are running out oftime. She is representing the taxpayers, but this has
gotten to be so piecemeal and is very frustrated. She apologized to any City staff members that
were in a very uncomfortable position, but so was the Council. It was never Council's intention
to name specific positions. There is not a big staff She would like to know the general area
where we are looking at cuts. If Council's concern is to make sure we maintain a level of
service, we have to have more information on what positions and in what areas are being
considered. We all want to pay the debt in full without borrowing from other funds.
Councilmembers agreed.
City Administrator Herlofsky stated from a staff perspective Council's desire to address
Vermillion River Crossing was a good decision. Council's suggestion to handle that has not
been an issue. He will work with staff to provide some options. He suggested the next
workshop be November 8.
Councilmember Donnelly stated we put ourselves in the position of naming positions. He did
bring us $400,000 in cuts. Whether we agreed or not, that is fme. We have not touched the fund
balance. He asked if all these budgets have maintained the fund balance at the current level.
Staff stated the general fund does go negative throughout the year. At the end ofthe year we
have not dedicated any general fund reserve as a way to balance the budget. He asked what
Council wants for more options to help staff come up with what Council wants. Mayor Larson
stated months ago Council turned in suggestions. He suggested staff looking at those
suggestions and minutes from past workshops.
Councilmember Fogarty noted there are five Mondays in November, we could move the EDA
meeting and we also have December 13, ifneeded. Councilmember Wilson stated we all agree
that Police, Fire, park maintenance and programs are the top tier of what we want to support.
Councilmember May mentioned there is also the DOT with the Police Department.
Councilmember Wilson stated we would rather not eliminate a Police Officer versus doing
something else.
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Council Workshop Minutes
October 11,2010
Page 9
(Councilmember Fogarty left at 7:56p.m.)
For options, Councilmember Wilson suggested there are all different functions in City
government. City Administrator Herlofsky could call each individual Councilmember to discuss
options, or bring options from different categories. We have $23,000 worth of things we want
brought back in. He expected to see a list of options to take out in order to do that.
Councilmember Wilson wanted the City Administrator to look at what is working well, and not
working well, and bring back options from that.
Councilmember Donnelly noted last time the reductions totaled exactly $400,000. If there was
something Council did not like, then those options did not work. He suggested coming up with
$600,000, of which $400,000 is acceptable so we have a cushion.
The next budget workshop will be November 8, at 6:30. A special meeting will be held first to
canvass the election results with the budget workshop to follow.
Councilmember Wilson asked to also see a rationale as to why the cuts make sense.
Councilmember Donnelly agreed that having the same reason for everything is not useful.
MOTION by Wilson, second by May to adjourn at 8:02 p.m. APIF, MOTION CARRIED.
Respectfully submitted,
Cynthia Muller
Executive Assistant
34
7t
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.cLfarmington.mn.us
TO:
Mayor, Council Members, City Administrator
FROM:
Ken Lewis, Building Official
SUBJECT:
Third Quarter 2010 New Construction Report and Population Estimate
DATE:
October 18,2010
INTRODUCTION
The following report summarizes the new construction permits issued during the third quarter of 2010, and the year-
end population estimate.
DISCUSSION
TlIird Quarter Building Permit Information: During the third quarter of the 2010 building construction season (July
1 st through September 30th), the City issued 15 new single-family detached housing permits and 0 new multi-family
permits, for a total of 15 new third quarter housing permits. Construction valuation for the single-family homes totaled
$3,215,900.
The average building valuation of the single-family homes during the third quarter of 2010 was $214,393, up from.
$202,450 during the second quarter of2010. (Note that the valuation averages do not represent the average sale price
or average market value of the homes in question, since they do not include the value of the lot or any amenities added
to the home that are not part of the building code formula).
Year-End Population Estimate:
At the beginning of 2003, City staff decided that each quarterly building permit report should also include an updated
population estimate for the City of Farmington. After discussing several methods of calculating population, a decision
was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building
permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance of the
permit and the actual occupancy of the dwelling unit (i.e., the time required to construct, market and sell the home).
Accordingly, staff started with the City population as of April 1, 2000 (as determined by the U.S. Census Bureau) and
then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of
C.O.s was multiplied by 2.95, which was (according to the 2000 Census) the average number of occupants per
Farmington dwelling unit. The resulting calculations are as follows:
20490
+ 12
20502
Estimated population as of December 31,2006
= 4 units brought in by annexation for the period from 1/1/06 to 12/31/06 X 2.95
Estimated population as of December 31,2006
35
+ 142
20,644
+ 124
20,768
+227
20995
+ 77
21072
+ 101
21,173
+ 101
21,173
+ 71
21,244
+ 54
21,298
+ 45
21,343
+ 48
21,391
+ 115
21,506
+ 51
21,557
+ 97
21,654
+ 62
21,716
+ 168
21,884
~
21952
= 48 Certificates of Occupancy issued for the period from 1/1/07 to 3/31/07 X 2.95
Estimated population as of March 31, 2007
= 42 Certificates of Occupancy issued for the period from 4/1/07 to 6/31/07 X 2.95
Estimated population as of June 31, 2007
= 77 Certificates of Occupancy issued for the period from 7/1/07 to 9/30/07 X 2.95
Estimated population as of September 30, 2007
= 26 Certificates of Occupancy issued for the period from 10/1/07 to 12/31/07 X 2.95
Estimated population as of December 31,2007
= 34 Certificates of Occupancy issued for the period from 1/1/08 to 3/31/08 X 2.95
Estimated population as of March 31, 2008
= 34 Certificates of Occupancy issued for the period from 1/1/08 to 3/31/08 X 2.95
Estimated population as of March 31, 2008
= 24 Certificates of Occupancy issued for the period from 4/1/08 to 6/30/08 X 2.95
Estimated population as ofJune 30, 2008
= 18 Certificates of Occupancy issued for the period from 711/08 to 9/31/08 X 2.95
Estimated population as of September 31, 2008
= 15 Certificates of Occupancy issued for the period from 10/1/08 to 12/31/08 X 2.95
Estimated population as of December 31, 2008
= 16 Certificates of Occupancy issued for the period from 1/1/09 to 3/31/09 X 2.95
Estimated population as of March 31,2009
= 39 Certificates of Occupancy issued for the period from 4/1/09 to 6/30/09 X 2.95
Estimated population as of June 30, 2009.
= 17 Certificates of Occupancy issued for the period from 7/1/09 to 9/30/09 X 2.95
Estimated population as of September 30, 2009
= 33 Certificates of Occupancy issued for the period from 10/1/09 to 12/31/09 X 2.95
Estimated population as of December 31,2009
= 21 Certificates of Occupancy issued for the period from 1/1/10 to 3/31/10 X 2.95
Estimated population as of March 31, 2010
= 57 Certificates of Occupancy issued for the period from 4/1/10 to 6/30110 X 2.95
Estimated population as of June 30, 2010
= 23 Certificates of Occupancy issued for the period from 7/1/10 to 9/30/10 X 2.95
Estimated population as of September 30,2010
ACTION REQUIRED
This item is infonnational in nature. No action is required
Respectfully Submitted,
1~ oI~
Ken Lewis
Building Official
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7~
City of Farmington
430 Third Street 'f
Farmington, Minnesota
651.280.6800 . Pax 651.280.6899
www.ci.fannington.mn.us
TO: Mayor, Council Members, and City Administrator
FROM: Ken Lewis, Building Official
SUBJECT: School and Licensing
DATE: Octoberl8,201O
Introduction
The State of Minnesota requires the city to have a licensed building inspectors to ensure that contractors
and propelty owners comply with state regulations.
Discussion
Building Inspector Ron Fedder and, Building Official Ken Lewis are currently licensed as Building
Inspectors. The State of Minnesota requires that inspectors be recertified every 3 years. In order to maintain
their licenses, they are required to participate in seminars and or classes to acquire continuing education
units. The classes will be held on January 10-14,2011 at the University of Minnesota. This seminar is only
offered once a year.
Budeet Impact
The total cost will be $540.00. This includes the class fee of $270.00 per person. There will be no mileage
reimbursement as they will be using a city vehicle.
Action Requested
Authorize Building Inspector Ron Fedder's and Building Official Ken Lewis's attendance at the Annual
Institute for Building Officials Continuing Education Seminar.
R~s~ctfullY submitted
~~/~
Ken Lewis
43
7c(
City of Farmington
430 Third Street
hrmington, l\.1inncsota
651.280.6800 << Fax 651.280.6899
w\...'W:ci.larmingttm.mn.L1I;
TO: Mayor, Councilmembers, and City Administrator
FROM: Brenda Wendlandt, Human Resources Director
SUBJECT: Appointment Recommendation -Municipal Services
DATE: October 18,2010
INTRODUCTION
The recruitment and selection process for the appointment of the Streets and Utilities Supervisor,
to fill the vacant position, has been completed.
DISCUSSION
After a thorough review by the Municipal Services Department and the Human Resources
Office, a contingent offer of employment has been made to Mr. Steve Arndt, subject to
ratification by Council.
Mr. Arndt has been employed with the City since December of 2000 and meets the minimum
qualifications for this position.
BUDGET IMPACT
This position is provided for in the 2010 budget.
ACTION REOUESTED
Approve the appointment of Mr. Steven Arndt as Streets and Utilities Supervisor in the
Municipal Services Department, effective on October 19, 2010.
Respectfully Submitted,
, I ,."..
i!)u4U!i../7/:;dlMtIC
Brenda Wendlandt, SPHR
Human Resources Director
cc: Personnel file
44
l~~
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO: Mayor, Councilmembers and City Administrator
FROM: Teresa Walters, Finance Director
SUBJECT: September Financial Report
DATE: October 18,2010
Enclosed is the financial report for the months of January through September 2010. The report
shows revenues and expenditures for 75% of the year. Below is a list of any discrepancies along
with reasons for the variance. If you have any questions prior to the meeting, please e-mail me at
twalters@cLfarmington.mn.us or call me at 651-280-6880.
General Fund
Revenues
Property taxes
Amount Received
51.2%
Licenses
93.81%
Permits
115.66%
Fines
44.78%
Intergovernmental
51.81 %
Reason for Variance
We received the first half of our
property taxes in June and July.
The balance will be received in
December.
License revenue is higher due to
the payment of the fourth quarter
liquor licenses. Additional license
revenue (tobacco, new liquor
licenses, etc) should bring this up
to 100% by the end of the year.
The majority of this line item is
building permit revenue. Bldg
permit revenue is at 124% of the
budget. YTD total building permit
revenue is $279,710 compared to
the annual budget of $225,000.
Court Fines are $55,219 below 'the
projected budget of$100,000.
Police and Fire Aid receipts show
up in late Fall. We have received
98.9% of our State Aid
Maintenance.
Charges for services
40.62%
Franchise Fees
100.00%
Investment Interest
40.24%
Expenditures
Historical Preservation
149.86%
Emergency Management
383.49%
Fire charges are not received until
the end of the year. Police service
charges are at 40%.
Payment received.
Interest rates are extremely low
right now. Housing market
analysts and economists are
predicting that the base interest
rate will remain low until the end
of 20 11. The two year treasury
rate is Y:z%.
Although The Historic
Preservation is slightly over
budget, revenue from a matching
grant is to be received in October
bringing this item within budget
Emergency management has a
$4,900 annual budget. The storm
in August resulted in expenditures
(salaries and benefits) in the
amount of$17,563, some of which
were included in September
expenditures.
Overall General Fund Revenues are at 53.77% of the budget. This is below budget; however,
some of the revenues (police and fire) do not come in until later in the year. Without taxes,
General Fund revenues are at 63% of the budget. Expenditures look good since they are slightly
lower than anticipated at 68.52% of the budget.
Special Revenue Funds: The Special Revenue funds are established to account for specific
revenue sources (grants) or to finance a specific activity. Assistance may be needed from the
general fund or another designated fund to operate.
The Recreation and Ice Arena funds continue to operate with a deficit fund balance. A transfer
will need to be completed to bring up the balance if it is not positive by year-end. The actual
deficit balance in the Recreation Funds at the end of2009 was ($229,946). The actual deficit in
the Ice Arena Fund was ($178,985).
*** As of September, 2010, the Recreation Deficit has decreased to ($226,124) due mainly to the
increase in pool revenue. After transfers in, the pool shows a profit of $39,559. The Arena
Deficit has increased to ($274,760).
Revenues
Amount Received
EDA
221.06%
Park Improvement
211.13%
Pool
109.71 %
Expenditures
Rambling River Center
Renovation
415.45%
Swimming Pool
85.57%
Reason for Variance
We budgeted $13,000 in revenues
and $107,890 in Expenditures.
Actual Revenues are $40,046.
Actual expenditures are $66,521.
The revenue in September
includes $17,933 for the sale of
the property at 308 Elm (old Park
Garage).
The main reason for the additional
revenue is that the developer of
Riverbend 3rd, pre-paid all of their
development fees.
All pool revenues (including
transfers from the liquor store)
have been received for the year.
Renovation costs. In June
expenditures included $21,500 for
a heating/Air condition system. In
August another $24,000 was
spent. Receipt of a Community
Development Block Grant should
help off-set some of the costs.
This includes the majority of pool
expenses for the year. When
compared to last year, it appears
that any remaining expenses
should be less than $5,000.
Enterprise funds: The Enterprise funds are self supporting and do not need financial assistance
from the General fund.
Liquor: Liquor Operations Staff is continually making every effort to reduce costs through
appropriate purchasing, staff schedules and other controllable expenses. As a result of this,
revenue and expenditures were very close this month, with expenditures exceeding revenues by
$9,725. The liquor stores transferred $5,525 to the General Fund and $25,000 to the pool this
month. Without these transfers the Liquor Operations would have seen a $20,800 profit.
Overall the Sewer. Solid Waste. Storm Water. and Water enterprise revenues are exceeding
expenditures for the year.
Street Light Utility: Street light utility revenues were received for the first time in March 2010.
Expenditures exceeded revenues this month. The fund currently has a deficit balance in the
amount of ($25,616). We are watching this for the remainder of the year. We hope to break
even at year-end; however, since expenditures are approximately one month behind, this may not
happen. If we do not break even, a transfer may be needed from the General Fund.
Graph: The graph shows that overall 2010 YTD fund balance as slightly higher than the 2009
fund balance at this time. The City's goal should be to maintain not only a positive fund balance
throughout the year, but also a fund balance that falls within the State Auditor's recommended
35-50%. Our current fund balance was at 24.9% at the end of2009, the highest point of the
year.
A healthy fund balance is needed to operate during the year because our main source of revenue
only comes twice per year. The fund balance should also be utilized to assist other funds when
operations revenue is not as high as anticipated as we have seen with the Rambling River Center
and Ice Arena funds. As special revenue funds, these funds need the support of the general fund
in order to operate. The Enterprise funds should ensure fees are adequate to cover costs. The
Street light Utility fees are currently not covering the costs needed to operate the utility. Our
hope is that it will be very close by the end of the year.
Respectfully submitted,
Teresa Walters
Finance Director
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.tILnningtoll.n11l.LL.I
TO: Mayor and Councilmember's
City Administrator
FROM: Jim Murphy
Acting Police Chief
SUBJECT: School Request
Patrol Division
DATE: October 11,2010
INTRODUCTION I DISCUSSION
Officers VanDorn and Miller will be attending a ''Force on Force" (Reality Based Training)
instructor course from October 26th - 28th. The purpose of this training is to expand our current
use of force instructor base with the most up to date and reliable training techniques. When
completed, the instructors will be able to train other members of the department in those
techniques.
This course will prepare instructors to train their personnel using accelerated learning methods
and technologies that are simple to understand and use, yet take reality based training to a new
more efficient and effective level. These methods of reality based instruction will allow
attending instructors to create realistic training that maximizes hands-on learning and the
expectation of complete success with continued focus on survival in the street.
BUDGET IMPACT
The cost for attending this course will be a total of approximately $950.00. The funding will
come out of the 2010 patrol training budget.
ACTION REOUESTED
Information only.
Respectfully submitted,
Jim Murphy
Acting Chief of Police
45
}5
City of Farmington
430 Third Street
l;armington, Minnesota
651.280.6800. Fax 651.280.6899
W\....w..ci .tllnningtun.mu.LL'l
TO: Mayor, Council Members, City Administrator
FROM: Lisa Shadick, Administrative Services Director
SUBJECT: Set Special City Council Meeting to Canvass the Results of201O General Election
DATE: October 18,2010
INTRODUCTIONIDISCUSSION
Per Minn. Stat. 9204C.33, subd.l and 9205.185, subd.3, General Election results must be accepted by the
Canvassing Board between the 3rd and 10th day following the election.
ACTION REOUESTED
Set a Special City Council Meeting for November 8, 2010, at 6:30 p.m. to accept the results of the
November 2,2010 General Election.
Respectfully submitted,
Lisa Shadick, CMC
Administrative Services Director
46
7~
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www:ci.~nnin!:.T\:lm.n11l_LL"
TO: Mayor, Councilmembers and City Administrator
FROM: Lisa Shadick, Administrative Services Director
SUBJECT: Approve "Off-Sale" Beer License - Super America
DATE: October 18,2010
INTRODUCTION
Per City Ordinance 3-2-5 the Council has the authority to approve "Off-Sale" beer licenses.
DISCUSSION
Northern Tier Retai~ LLC, dba, Super America, has submitted an application for an "Off-Sale" 3.2 Beer
License. The appropriate fees have been received and the application has been reviewed by the Police
Department.
BUDGET IMPACT
The fees collected are included in the revenue estimates of the 2010 budget.
ACTION REOUESTED
Approve an "Off-Sale" beer license for Super America located at 18520 Pilot Knob Road.
Respectfully submitted,
Lisa Shadick, CMC
Administrative Services Director
47
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.farrningtlm.mn.L1..i
TO: Mayor, Council Members, and City Administrator
FROM: Teresa Walters, Finance Director
SUBJECT: Certification of Delinquent Municipal Services to 2011 Tax Rolls
DATE: October 18,2010
INTRODUCTION
The City's municipal services (utilities and other services/charges) experience delinquent
accounts similar to private enterprises.
DISCUSSION
Minnesota State Statute 444.075 grants municipalities the authority to certify delinquent utility
accounts to property owner's real estate taxes as a special assessment for collection. Minnesota
State Statute 429.101 allows delinquent billings for weeds, mowing, snow removal (other City
services) to be certified to the property taxes. These statutes provide the City with the ability to
collect unpaid accounts without incurring significant administrative costs.
All property owners with delinquent utility bills and services invoices (over 90 days overdue)
were mailed notices and may pay the delinquent amounts by November 18, 2010, to avoid
certification. The notice advised that the City Council would consider this item on October 18,
2010, at a public hearing.
BUDGET IMPACT
At the time of the notice, accounts in the total amount of $373,652.94 were outstanding
($372,279.45 utility bills, $1,373.49 services). Payments have been received and applied to
account balances in the interim. Only those accounts with delinquent balances remaining after
November 18, 2010, would be certified to the tax rolls as a one-year special assessment.
ACTION REOUlRED
Adopt the attached resolution certifying the delinquent accounts as a special assessment to the
2011 taxes of the appropriate properties.
Respectfully submitted,
Teresa Walters
Finance Director
74
RESOLUTION No. R59-10
CERTIFYING DELINQUENT MUNICIPAL SERVICE ACCOUNTS
TO DAKOTA COUNTY TREASURER/AUDITOR
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota was held at City Hall of said City on the 18th day of October 2010, at
7:00 p.m.
The following members were present: Larson, Donnelly, Fogarty, May, Wilson
The following members were absent: None
Member Wilson introduced and member May seconded the following resolution:
WHEREAS, the City had provided sewer, water, storm water, and solid waste removal services
to users of municipal utilities; and
WHEREAS, the City has provided mowing and snow removal services to property owners; and
WHEREAS, the City has invoiced these users for the services, and payment on some of these
invoices is delinquent; and
WHEREAS, Minnesota State Statute 444.075 and Minnesota State Statute 429.101 allow the
City to certify charges associated with the aforementioned municipal services as special
assessments with the County Auditor.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, that:
1. Delinquent charges associated with the municipal services shall be certified to the
County Auditor for collection as special assessments.
2. The special assessments shall be due and payable over a term of one (1) year at an annual
rate offive and a quarter percent (5.25%)
This resolution adopted by recorded vote of the Farmington City Council in open session on the
18th day of October 2010.
~~~r-
Mayor
<Jt
Attested to the :2/ day of October 2010.
dministrative Services Directorl
Deputy City Clerk
SEAL
/0
o~
City of Farmington
430 Third Street
l'armington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.fannillgttI11.TI11U1..l
TO:
Mayor, Council Members
City Administrator
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
Adopt Ordinance amending Sections 10-5-25, 10-6-17, 10-6-18, and 11-4-7 relating to
Floodplain Overlay District, Wetland Standards, Shore land Management Regulations,
and Storm Drainage, respectively
DATE:
October 18,2010
INTRODUCTION
Attached for Council's consideration is an ordinance amending Sections 10-5-25, 10-6-17, 10-6-18, and 11-4-7
relating to Floodplain Overlay District, Wetland Standards, Shoreland Management Regulations, and Storm
Drainage, respectively.
DISCUSSION
On May 27, 2010 the Vermillion River Watershed Joint Powers Board (JPO) approved amendments to the
Watershed Standards. The City is required to amend its ordinances to be in compliance with the Watershed
Standards prior to November 23, 2010.
A majority of the changes proposed within the ordinance are non-substantive in nature and are largely
"housekeeping" items. With that being said, there are two substantial changes that are worth noting. They are
as follows:
. Page 14 of the attached ordinance, under provision B of Section 10-6-17 (Wetland Standards). This
change removes the Wetland Conservation Act (WCA) exemption for agricultural properties enrolled in
the Federal Farm Program.
. Page 39 of the attached ordinance, under provision D of Section 11-4-7 (Storm Drainage) regarding
runoff rates for proposed activities and development. The changes to this section include; 1) runoff rates
for proposed activities and development shall "apply land cover conditions existing in 2005 as the
baseline for existing conditions in runoff calculations" and 2) adopt the numerical flow standards within
the Vermillion River Watershed Joint Powers Organization Hydrologic Model of2009.
76
Planning Commission Review
The Planning Commission held a public hearing on this matter on October 12, 2010 and recommended approval
of the attached ordinance with a vote of 5-0.
ACTION REOUESTED
Adopt the attached ordinance amending Sections 10-5-25, 10-6-17, 10-6-18, and 11-4-7 relating to Floodplain
Overlay District, Wetland Standards, Shoreland Management Regulations, and Storm Drainage, respectively
Respectfully submitted,
Tony Wippler, Assistant City Planner
77
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10-5-25, 10-6-17, 10-6-18, AND 11-4-7 OF
THE ZONING CODEAS IT RELATES TO FLOODPLAIN OVERLAY DISTRICT,
WETLAND STANDARDS, SHORELAND MANAGEMENT REGULATIONS, AND
STORM DRAINAGE
THE CITY COUNICL OF THE CITY OF FARlVIINGTON ORDAlNS:
SECTION 1. The City of Farmington City Code, Sections 10-5-25, 10-6-17, 10-6-18, and 11-4-
7 (Floodplain Overlay District, Wetland Standards, Shoreland Management Regulations, and
Storm Drainage, respectively) are amended by adding the language that is underlined and deleting
the strikethrough language as follows:
10-5-25: FLOODPLAIN OVERLAY DISTRICT:
(A) Statutory Authorization: The legislature of the state of Minnesota has, in MSA chapters 103F
and 394 for counties or 462 for municipalities, delegated the authority to local governmental
units to adopt regulations designed to minimize flood losses. MSA chapter 103F further
stipulates that communities subject to recurrent flooding must participate and maintain
eligibility in the national flood insurance program. Therefore the city of Farmington,
Minnesota, does ordain as follows.
(B) Statement Of Purpose: The purpose ofthis section is to maintain the community's eligibility
in the national flood insurance program and to minimize potential losses due to periodic
flooding including loss of life, loss of property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of which adversely affect the public health,
safety and general welfare.
(C) Warning OfDisc1aimer Of Liability: This section does not imply that areas outside of the
floodplain district or land uses permitted within such districts will be free from flooding and
flood damages. This section shall not create liability on the part of the city of Farmington or
any officer or employee thereof for any flood damages that result from reliance on this
section or any administrative decisions lawfully made hereunder. (Ord. 002-469, 2-19-2002;
amd. Ord. 003-498, 9-15-2003)
(D) General Provisions:
I. Adoption Of Floodplain Maps: The flood insurance study prepared by the federal
insurance administration for the city of Farmington dated September 1978, the flood
insurance study prepared by the federal emergency management agency for Dakota County
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dated October 1,1980, the flood insurance rate map and the flood boundary and floodway
map developed by the federal insurance agency for the city of Farmington dated March 1,
1979, and panel 150 of the flood insurance rate map and flood boundary and floodway map
developed by the federal emergency management agency for Dakota County, Minnesota,
dated April 1, 1981, is hereby adopted by reference as the official floodplain zoning district
map and made a part of this title. (Ord. 004-511, 7-19-2004)
2. Lands To Which Section Applies: This section shall apply to all lands designated as
floodplain within the jurisdiction of Farmington.
3. Interpretation: The boundaries of the floodplain district shall be determined by GIS or
scaling distances on the official floodplain zoning district map. Where interpretation is
needed as to the exact location of the boundaries of the floodplain district, the city engineer
shall make the necessary interpretation based on elevations on the regional (lOa-year) flood
profile, if available. If 100-year flood elevations are not available, the community shall: a)
require a floodplain evaluation consistent with subsection (F) of this section to determine a
100-year flood elevation for the site; or b) base its decision on available
hydrauliclhydrologic or site elevation survey data which demonstrates the likelihood the
site is within or outside of the floodplain.
(E) Conflict With Preexisting Zoning Regulations And General Compliance:
1. The Floodplain District As Overlay Zoning District: The floodplain zoning district shall be
considered an overlay zoning district to all existing land use regulations of the community.
The uses permitted in subsection (F) of this section shall be permitted only if not prohibited
by any established, underlying zoning district. The requirements ofthis section shall apply
in addition to other legally established regulations of the community and where this section
imposes greater restrictions, the provisions of this section shall apply.
2. Compliance: No new structure or land shall hereafter be used and no structure shall be
located, extended, converted, or structurally altered without full compliance with the terms
of this section and other applicable regulations which apply to uses within the jurisdiction
of this section. Within the floodway and flood fringe, all uses not listed as permitted uses in
subsection (F) of this section shall be prohibited. In addition, a caution is provided here
that:
(a) New manufactured homes, replacement manufactured homes and certain travel trailers
and travel vehicles are subject to the general provisions of this title and specifically
subsections (F) and (N) of this section;
(b) Modifications, additions, structural alterations or repair after damage to existing
nonconfonning structures and nonconfonning uses of structures or land are regulated
by the general provisions of this title and specifically subsection (K) of this section; and
(c) As built elevations for elevated structures must be certified by ground surveys as stated
in subsection (I) ofthis section.
(F) Permitted Uses, Standards, And Floodplain Evaluation Criteria:
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1. Permitted Uses In The Floodplain: The following uses of land are permitted uses in the
floodplain district:
(a) Any use of land which does not involve a structure, an addition to the outside
dimensions to an existing structure or an obstruction to flood flows such as fill,
excavation, or storage of materials or equipment.
(b) Any use ofland involving the construction of new structures, the placement or
replacement of manufactured homes, the addition to the outside dimensions of an
existing structure or obstructions such as fill or storage of materials or equipment,
provided these activities meet two (2) conditions. First, they are located in the flood
fringe portion of the floodplain. Second, that compensatory flood storage volume is
provided equal to the amount of fill proposed. The compensatory volume shall be
provided between the impacted area and the channel in such a way to prevent an
increase in the existing or future regional flood profile. These uses shall be subject to
the development standards in subsection (F)2 of this section and the floodplain
evaluation criteria in subsection (F)3 of this section for determining floodway and flood
fringe boundaries.
(c) Travel trailers and travel vehicles are regulated by subsection (N) of this
section.
2. Standards For Floodplain Permitted Uses:
(a) Fill And Slopes: Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable method. The federal
emergency management agency (FEMA) has established criteria for removing the
special flood hazard area designation for certain structures properly elevated on fill
above the 100-year flood elevation; FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multistructure or multilot
developments. These standards should be investigated prior to the initiation of site
preparation if a change of special flood hazard area designation will be requested. (Ord.
002-469,2-19-2002; amd. Ord. 003-498, 9-15-2003)
(b) Setbacks: Setbacks for floodplain alterations, fill, and new underground utilities, such as
water, sanitary and storm sewers and interceptors, gas lines, phone lines, and pipelines
shall be established and used along major waterways. These setbacks shall be
established as follows. The exception is for utilities that need to reach or cross the
major waterway, provided the minimum impact alignment is used.
(1) Where a major waterway has a sinuous flow pattern and a meander belt can be
identified, the setback for new underground utilities shall be set back fifteen feet
(15') from the outer edge of the meander belt.
(2) Where a sinuous flow pattern and meander belt are not readily identifiable because
of past channel alterations and/or the geomorphology of the channel, the setback
established for new underground utilities shall provide for the potential for
restoration and a sinuous flow pattern as follows.
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(3) Where there are existing encroachments that limit full restoration of the stream to
the meander widths appropriate for the stream type, the setback shall be fifteen feet
(15') from the reasonably achievable restoration width for the meander belt given
the existing encroachments.
(4) Where full restoration is possible, the setback shall be fifteen feet (15') from a
meander belt width established along the stream reach that has a width ten (10)
times the bank full channel width. An assessment of the stream type may be
completed, and meander belt widths established according to the stream type, in
place of using the above ten (10) times formula. Note: The 1999 Vermillion River
assessment report, or amendments thereto, provides assessment of the stream type
for many reaches ofthe Vennillion river and is available at the Dakota SWCD or
the Dakota COl:1Bty offiees of the VRWJPO office.. pro'/ide assessment of stream
type for maay reaehes ofilia Vermillion Riyer.
(5) Where buffers are required, aboveground encroachments, alterations, and fill shall
be consistent with the prohibited and allowed uses and widths specified in the
buffer standard. (Ord. 008-593, 12-1-2008)
(c) Projects Altering Floodplain Boundaries: Projects that alter floodplain boundaries, such
as bridge crossings and regional ponds that increase upstream high water levels are
allowed provided that:
(1) The applicant submits easements or other documentation in a form acceptable to the
city or the VRWJPO demonstrating and recording the consent of the owner of any
land affected by the increased high water levels, (Ord. 009-600,3-16-2009)
(2) The action is consistent with other portions of these standards; and local, state and
federal regulations, and
(3) The upstream impacts, riparian impacts and habitat impacts of the proposed action
are analyzed and no detrimental impacts result, or adverse impacts are mitigated.
(d) Storage Of Materials And Equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable from
the area within the time available after a flood warning or if placed on fill to the
regulatory flood protection elevation.
( e) Adverse Impact: Floodplain alteration or f1lIing shall not cause a net decrease in flood
storage capacity below the projected 100-year critical flood elevation unless it is shown
that the proposed alteration or filling, together with the alteration or filling of all other
land on the affected reach of the water body to the same degree of encroachment as
proposed by the applicant, will not cause high water or aggravate flooding on other
land and will not unduly restrict flood flows.
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(f) Above Flood Protection Elevation: Where 100-year flood critical elevations have been
established, all new structures shall be constructed with the low floor consistent with
the minimum elevations as specified in state of Minnesota rules chapter 6120:
shoreland and floodplain management; Dakota County ordinance 50: shoreland and
floodplain ordinance: FP, floodplain district; as applicable.
(g) Projects: Projects involving development, redevelopment, or the subdivision of land,
shall establish flood storage, flowage, and drainage easements over areas below the
1 OO-year critical flood elevation of any public water, public waters wetland, or wetland.
(h) All Uses: Uses that do not have vehicular access at or above an elevation not more than
two feet (2') below the regulatory flood protection elevation to lands outside of the
floodplain shall not be permitted unless granted a variance by the board of adjustment.
ill granting a variance, the board shall specity limitations on the period of use or
occupancy of the use and only after determining that adequate flood warning time and
local emergency response and recovery procedures exist.
(i) Commercial And Manufacturing Uses: Accessory land uses, such as yards, railroad
tracks, and parking lots may be at elevations lower than the regulatory flood protection
elevation. However, a permit for such facilities to be used by the employees or the
general public shall not be granted in the absence of a flood warning system that
provides adequate time for evacuation if the area would be inundated to a depth greater
than two feet (2') or be subject to flood velocities greater than four feet (4') per second
upon occurrence of the regional flood.
G) On Site Sewage Treatment And Water Supply Systems: Where public utilities are not
provided: 1) on site water supply systems must be designed to minimize or eliminate
infiltration of floodwaters into the systems; and 2) new or replacement on site sewage
treatment systems must be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into floodwaters and they shall not be
subject to impairment or contamination during times of flooding. Any sewage
treatment system designed in accordance with the state's current statewide standards for
on site sewage treatment systems shall be determined to be in compliance with this
section.
(k) Anchored Foundations: All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists flotation, collapse and lateral
movement. Methods of anchoring may include, but are not to be limited to, use of over
the top or frame ties to ground anchors. This requirement is in addition to applicable
state or local anchodng requirements for resisting wind forces. (Ord. 008-593, 12-1-
2008)
3. Floodplain Evaluation:
(a) Upon receipt of an application for a permit, manufactured home park development or
subdivision approval within the floodplain district, the planning coordinator shall
require the applicant to furnish sufficient site development plans and a
hydrologic/hydraulic analysis by a qualified engineer or hydrologist specitying the
nature of the development and whether the proposed use is located in the floodway or
flood fringe and the regulatory flood protection elevation for the site. Procedures
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consistent with Minnesota rules. 1983. parts 6120.5600 (technical standards and
requirements for floodplain evaluation) and 6120.5700 (minimum floodplain
management standards for local ordinances) shall be followed during the technical
evaluation and review of the development proposal. In a zone A3 or zone AE on the
flood boundary and floodway map adopted in subsection (D)1 of this section. the
floodway and flood fringe boundaries shall be as shown on the flood boundary and
floodwaymap. (Ord. 004-511, 7-19-2004)
(b) The planning coordinator shall submit one copy of all information required by this
subsection (F) to the respective department of natural resources' area hydrologist for
review and comment at least twenty (20) days prior to the granting of a permit or
manufactured home park development/subdivision approval by the community. The
planning coordinator shall notifY the respective department of natural resources area
hydrologist within ten (10) days after a permit or manufactured home park
development/subdivision approval is granted.
(G) Utilities, Railroads, Roads And Bridges In The District: All utilities and transportation
facilities, including railroad tracks. roads and bridges, shall be constructed in accordance with
state floodplain management standards contained in Minnesota rules 1983 parts 6120.5000 _
6120.6200.
(H) Subdivisions:
1. City Engineer Review For Suitability: No land shall be subdivided and no manufactured
home park shall be developed or expanded where the site is determined to be unsuitable by
the city engineer for reason of flooding. inadequate drainage, water supply or sewage
treatment facilities. The city engineer shall review the subdivision/development proposal to
ensure that each lot or parcel contains sufficient area outside of the floodway for fill
placement for elevating structures, sewage systems and related activities.
2. Evaluation: In the floodplain district, applicants for subdivision approval or development
of a manufactured home park or manufactured home park expansion shall provide the
information required in subsection (F) of this section. The city engineer shall evaluate the
proposed subdivision or mobile home park development in accordance with the standards
established in subsection (F) of this section.
3. Access Roads: For all subdivisions in the floodplain, the floodway and flood fringe
boundaries, the regulatory flood protection elevation and the required elevation of all
access roads shall be clearly labeled on all required subdivision drawings and platting
documents.
4. Removal Of Special Flood Hazard Area Designation: The federal emergency management
agency (FEMA) has established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the 100-year flood
elevation. FEMA's requirements incorporate specific fill compaction and side slope
protection standards for multi structure or multilot developments. These standards should be
investigated prior to the initiation of site preparation if a change of special flood hazard
area designation will be requested.
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(I) Administration:
1. Permit Required: A permit issued by the city engineer shall be secured prior to the
construction, addition, or alteration of any building or structure; prior to the use or change
of use of a building, structure, or land; prior to the change or extension of a nonconforming
use; and prior to excavation or the placement of an obstruction within the floodplain.
2. State And Federal Permits: Prior to granting a permit or processing an application for a
variance, the city engineer shall determine that the applicant has obtained all necessary state
and federal permits.
3. Certification Of Lowest Floor Elevations: The applicant shall be required to submit
certification by a registered professional engineer, registered architect, or registered land
surveyor that the finished fill and building elevations were accomplished in compliance
with the provisions of this title. The city engineer shall maintain a record of the elevation of
the lowest floor (including basement) for all new structures and alterations or additions to
existing structures in the floodplain district.
(J) Variances:
1. Defmition; Applicability: A "variance" means a modification of a specific permitted
development standard required in an official control including this title to allow an
alternative development standard not stated as acceptable in the official control, but only as
applied to a particular property for the purpose of alleviating a hardship, practical difficulty
or unique circumstance as dermed and elaborated upon in a community's respective
planning and zoning enabling legislation.
2. Board Action: The board may authorize upon appeal in specific cases such relief or
variance from the terms of this title as will not be contrary to the public interest and only
for those circumstances such as hardship, practical difficulties or circumstances unique to
the property under consideration, as provided for in the respective enabling legislation for
planning and zoning for cities 01' cOUllties as appropriate. In the granting of such variance,
the board of adjustment shall clearly identifY in writing the specific conditions that existed
consistent with the criteria specified in the respective enabling legislation which justified
the granting of the variance.
3. When Allowed: Variances from the provisions of this title may be authorized where the
board of adjustment has determined the variance will not be contrary to the public interest
and the spirit and intent of this title. No variance shall allow in any district a use prohibited
in that district or permit a lower degree of flood protection than the regulatory flood
protection elevation. Vatiances may be used to modifY permissible methods of flood
protection.
4. Copies Of Application: The board shall submit by mail to the commissioner of natural
resources a copy of the application for proposed variance sufficiently in advance so that the
commissioner will receive at least ten (10) days' notice of the hearing. A copy of all
decisions granting a variance shall be forwarded by mail to the commissioner of natural
resources within ten (10) days of such action.
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5. Appeals: Appeals from any decision of the board may be made, and as specified in this
community's official controls and also Minnesota statutes.
6. Flood Insurance Notice And Record Keeping: The zoning officer shall notify the applicant
for a variance that: a) the issnance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance as stated by current
FEMA policies for insurance coverage, and b) such construction below the 100-year or
regional flood level increases risks to life and property. Such notification shall be
maintained with a record of all variance actions. A community shall maintain a record of all
variance actions, including justification for their issuance, and report such variances issued
in its annual or biennial report submitted to the administrator of the national flood
insurance program.
(K) Nonconformities: A structure or the use of a structure or premises which was lawful before
the passage or amendment of this title but which is not in conformity with the provisions of
this title may be continued subject to the following conditions:
I
I
I I
, '
1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its
nonconformity.
2. An alteration within the inside dimensions of a nonconforming use or structure is
pennissible provided it will not result in increasing the flood damage potential of that use
or structure.
3. The cost of all structural alterations or additions both inside and outside of a structure to
any nonconforming structure over the life of the structure shall not exceed fifty percent
(50%) of the market value of the structure unless the conditions of this section are satisfied.
The cost of all structural alterations and additions constructed since the adoption of the
community's initial floodplain controls must be calculated into to day's current cost which
will include all costs such as construction materials and a reasonable cost placed on all
manpower or labor. If the current cost of all previous and proposed alterations and
additions exceeds fifty percent (50%) of the current market value of the structure, then the
structure must meet the standards of subsection (F) of this section for new structures.
4. If any nonconforming use of a structure or land or nonconforming structure is destroyed by
any means, including floods, to an extent of fifty percent (50%) or more of its market value
at the time of destruction, it shall not be reconstructed except in conformity with the
provisions of this title. The city engineer may issue a permit for reconstruction if the use is
located outside the floodway and, upon reconstruction, is adequately elevated on fill in
conformity with the provisions of this title.
(L) Penalties For Violation: A violation of the provisions of this section or failure to comply with
any of its requirements (including violations of conditions and safeguards established in
connection with grants of variance) shall constitute a misdemeanor.
1. In responding to a suspected ordinance violation, the zoning officer and local government
may utilize the full array of enforcement actions available to it including, but not limited to,
prosecution and fines, injunctions, after the fact permits, orders for corrective measures or a
request to the national flood insurance program for denial of flood insurance availability to
the guilty party. The community must act in good faith to enforce these official controls
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and to correct ordinance violations to the extent possible so as not to jeopardize its
eligibility in the national flood insurance program.
2. When an ordinance violation is either discovered by or brought to the attention of the
zoning officer, the zoning officer shall immediately investigate the situation and document
the nature and extent of the violation of the official control. As soon as is reasonably
possible, this information will be submitted to the appropriate department of natural
resources and federal emergency management agency regional office along with the
community's plan of action to correct the violation to the degree possible.
3. The zoning officer shall notify the suspected party of the requirements of this chapter and
all other official controls and the nature and extent of the suspected violation of these
controls. If the structure and/or use is under construction or development, the zoning officer
may order the construction or development immediately halted until a proper permit 01'
approval is granted by the community. If the construction or development is already
completed, then the zoning officer may either: a) issue an order identifying the corrective
actions that must be made within a specified time period to bring the use or structure into
compliance with the official controls, or b) notify the responsible party to apply for an after
the fact permit/development approval within a specified period of time not to exceed thirty
(30) days.
4. If the responsible party does not appropriately respond to the zoning officer within the
specified period of time, each additional day that lapses shall constitute an additional
violation of this chapter and shall be prosecuted accordingly. The zoning officer shall also
upon the lapse of the specified response period notify the landowner to restore the land to
the condition which existed prior to the violation of this chapter.
(M) Amendments3: All amendments to this title, including revisions to the official floodplain
zoning district map, shall be submitted to and approved by the commissioner of natural
resources prior to adoption. The floodplain designation on the official floodplain zoning
district map shall not be removed unless the area is filled to an elevation at or above the
regulatory flood protection elevation and is contiguous to lands outside of the floodplain.
Changes in the official zoning map must meet the federal emergency management agency's
(FEMA) technical conditions and criteria and must receive prior FEMA approval before
adoption. The commissioner of natural resources must be given ten (10) days' written notice
of all hearings to consider an amendment to this chapter and said notice shall include a draft
of the ordinance amendment or technical study under consideration.
(N) Travel Trailers And Travel Vehicles: Travel trailers and travel vehicles that do not meet the
exemption criteria specified below shall be subject to the provisions of this section and as
specifically spelled out below:
1. Exemption: Travel trailers and travel vehicles are exempt from the provisions of this
section if they are placed in any of the areas listed in subsection (N)2 of this section and
further they meet the following criteria:
(a) Have cun"ent licenses required for highway use.
(b) Are highway ready meaning on wheels 01' the internal jacking system, are attached to
the site only by quick disconnect type utilities commonly used in campgrounds and
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trailer parks and the travel trailer/travel vehicle has no permanent structural type
additions attached to it.
( c) The travel trailer or travel vehicle and associated use must be permissible in any
preexisting, underlying zoning use district.
2. Areas Exempted For Placement Of Travel/Recreational Vehicles:
(a) Individual lots or parcels of record .
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium type associations.
3. Additions And Accessory Structures: Travel trailers and travel vehicles exempted in
subsection (N) 1 of this section lose this exemption when development occurs on the parcel
exceeding five hundred dollars ($500.00) for a structural addition to the travel trailer/travel
vehicle or an accessory structure such as a garage or storage building. The travel
trailerltravel vehicle and all additions and accessory structures will then be treated as a new
structure and shall be subject to the elevation requirements and the use of land restrictions
specified in subsection (F) of this section.
4. Subject To Floodplain Provisions: New commercial travel trailer or travel vehicle parks or
campgrounds and new residential type subdivisions and condominium associations and the
expansion of any existing similar use exceeding five (5) units or dwelling sites shall be
subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway
or flood fringe districts provided said trailer or vehicle and its contents are placed on
fill above the regulatOlY flood protection elevation determined in accordance with the
provisions of subsection (F)3 of this section and proper elevated road access to the site
exists in accordance with subsection (F) of this section. No fill placed in the floodway
to meet the requirements of this section shall increase flood stages of the 100-year or
regional flood.
(b) All new or replacement travel trailers or travel vehicles not meeting the criteria of
subsection (N)4(a) of this section may, as an alternative, be allowed if in accordance
with the following provisions: The applicant must submit an emergency plan for the
safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be
prepared by a registered engineer or other qualified individual and shall demonstrate
that adequate time and personnel exist to carry out the evacuation. All attendant sewage
and water facilities for new or replacement travel trailers or other recreational vehicles
must be protected or constructed so as to not be impaired or contaminated during times
of flooding in accordance with subsection (F) of this section. (Ord. 002-469, 2-19-
2002; amd. Ord. 003-498,9-15-2003)
Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See title 11 of this code.
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Footnote 2: See title 11 of this code.
Footnote 3: See section 10-5-26 of this chapter.
10-6-17: WETLAND STANDARDS:
(A) Definitions; Tables:
WETLAND FUNCTIONS: The natural processes performed by wetlands, including
functions that are important in providing wildlife and fishery, habitat, facilitating food chain
production, providing habitat for nesting, rearing, and resting sites for aquatic, terrestrial or
avian species, maintaining the availability and quality of water, such as purifying water,
acting as a recharge and discharge area for ground water aquifers and moderating surface
water and storm water flows, improving storm water quality, providing aesthetic benefits, as
well as performing other functions, including, but not limited to, those set out in U.S. army
corps of engineers regulations at 33 CFR section 320.4(b )(2)(1988).
Note: In the definitions that follow, the methodology and criteria for evaluation of floral
diversity/integrity are based on those detailed in the "Minnesota Routine Assessment Method
for Evaluating Wetland Functions (Version 1.0)", Minnesota board of water and soil
resources, September 1998; and criteria for susceptibility to storm water impacts are based on
recommendations in "Stonn Water and Wetlands: Planning and Evaluation Guidelines for
Addressing Potential Impacts of Urban Storm Water and Snow-Melt Runoff on Wetlands",
(Minnesota pollution control agency, June 1997).
The functional value for floral diversity/integrity determined from MNRAM is based on
dividing wetlands into wetland communities (i.e., wet meadow, shallow marsh, floodplain
forest, etc.) and providing a ranking, of exceptional quality, high quality, moderate quality
and low quality to all major wetland communities within a wetland.
The major communities of a wetland also determine storm water susceptibility. "The StOlm
Water and Wetlands: Planning and Evaluation Guidelines for Addressing Storm Water and
Snowmelt Runoff Impacts to Wetlands", evaluates wetland communities, and places wetland
communities into the categories of highly susceptible, moderately susceptible, slightly
susceptible, and least susceptible to storm water and snowmelt runoff.
The wetland inventory conducted as part of this chapter placed the wetland communities of
the wetlands into the categories for floral diversity/integrity and storm water and snowmelt
susceptibility. A functional value index, which is based on a scale of 0.1 to 1.0 with 0.1 being
the lowest ranking and 1.0 being the highest ranking, was provided for each category as
shown below:
I Floral Diversity/Integrity I Functional Value Index
I
Exceptional quality
I
High quality
1.0
0.75
0.5
I
Moderate quality
".'!..'......L:i.>""'.;.d."-.'
.' .,,<..: ._ ,. '.'.... .,.>' ''r'.<';'''.<> "" ,..f'. ~..!': -.- .. '.'- ~
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rT;J::::"KD;\i
,<"">~:..,..,.,,. ,
"d:.:
, ~
Low quality
I 0.1
Stonn Water Susceptibility
[:mOtiOnal Value Index
I 1.0 I
I 0.75 (
I 0.5 r
I
I 0.1 f
Highly susceptible
I
Moderately susceptible
Slightly susceptible
Least susceptible
[..;.,.,....;.....
..:i\1(-'.;':""~
Each wetland was given a ranking based on the functional value for each of the ml\ior wetland
communities or community within the wetlands. The overall ranking for the wetland is based on a
weighted average that incorporates the area of the wetland community (%) and the functional
value index (0.0 _ 1.0) for the wetland community within the wetland.
All wetlands located Witllin a park or greenway corridor (as shown on the wetland management
plan map) will not have a wetland management classification lower than manage 2. The overall
wetland functional index range for floral diversity/integrity and storm water susceptibility and the
associated wetland management classifications are shown in table 1 ofthis subsection. Table 2 of
this subsection shows how fmal wetland management classifications were determined for an
example wetland.
Table 1. Overall wetland functional index range for floral diversitylintegrity and stonn water
susceptibility and the associated wetland management classification.
I ,
Floral DiversitylIntegrity And Storm Water Susceptibility Wetland Management
Functional Index (Range) Classification
I
1.0 0.60 Protect
-
I I
0.59 - 0.5 Manage 1
I I
0.49 - 0.3 Manage 2
I
Less than 0.3 Utilize
Table 2. Example showing, how final wetland management classifications were determined.
Wetland
ID
Community
.1 Deep marsh
"--"'~.j,';.;.J,.f"""-'
Stonn Water
Suscepti-
bility
I Slightly
%
Community
Storm
Water
Suscepti-
bility Index
% Community >I<
Stonn Water
Suscepti-
bility Value
I
AV-
0.3
r--O.5
,~~~'
0.15 r
>.+M.;,....<<t~-""..i'-j;::~,"'...}...':,.-...-..-
I'3!.;.,~2...:>{-it.-.;:;...;>"!WT...;...P.':.i.2.-'
Ah"
+~";,i "".
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I
AV-
W7.2
Shallow
marsh
Moder
I I I,
~F \;
ately 0.45
~,
~~ r
0.1
I I Total: 0.61 ,c;J
'+7, ")j " ~:..,.,..-t""}_~:;V-.'" ~,':'.I1.g
W7.2
I
AV-
W7.2
Reed canary
monotype
I Least
I
E('<\'&.f.'..../
}""j
c('-'.-:\/K ,,~i<' V?~ "'iJl;"','-':.-:':'.,\,<:L
I
Floral
Floral Diversityl % Community '"
Wetland Diversityl % Integrity Floral Diversityl
ill Community Integrity Community Index Integrity Value
'AV-W7021 Deep marsh IModerare ~FI 0.225
I IModerare ~FI
AV-W7.2 Shallow marsh 0.45
I rl F
AV-W7.2 Reed canary 0.1 0.1
monotype
I I I II I
Total: 0.685
Storm water susceptibility has a functional index of 0.61 and floral diversity/integlity has a
functional index of 0.685. They fall within the range of protect (see table 1 of this subsection).
WETLANDS, MANAGE I: These wetlands have plant communities that are in a largely
unaltered state. The vegetative communities of these wetlands are characterized by moderate
floral diversion and are slightly to moderately susceptible to stormwater and snowmelt impacts.
WETLANDS, MANAGE 2: These wetlands have usually been altered by human activities. These
wetlands have low to medium floral diversity and wildlife habitat components. These wetlands
are slightly susceptible to impacts from stormwater. In addition, if a wetland has characteristics of
a utilized basin but is located within a park or greenway corridor (as shown on the wetland and
water body classification map) it was put in this management classification.
WETLANDS, PROTECT: These wetlands exist in a largely unaltered state and have special and
unusual qualities that call for a high level of protection. These wetlands may provide habitat for
rare, threatened and/or endangered plant and animal species present; and/or have moderate to
exceptional floral diversity/integrity and moderate to high susceptibility to stormwater and
snowmelt; and/or are within the designated trout stream corridor identified on the city's wetland
and water body classification map.
WETLANDS, UTILIZE: These wetlands have been significantly altered and degraded through
past disturbances. They may be isolated, with altered hydrology from urban or agricultural land
uses. These wetlands have low floral diversity, and for the most part are not connected to other
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ecosystems. These wetlands are the least susceptible to impacts from stormwater. (Ord. 002-469,
2-19-2002)
(B) General Provisions:
1. This section shall apply to any applicant for a subdivision approval, or a grading,
excavation, or mining permit to allow wetland disturbing activities after June 7, 1999. Any
drainage, filling, excavation, or other alteration of a public waters wetland or wetland shall
be conducted in compliance with MSA, section 103G.245, the WCA Minnesota rules 8420,
and regulations adopted hereunder. \\'-etlaBds on agriealtarallao.d em-oUed ia the federal
farm program. remia the WCA.. eKen:tption as long as wetlao.ds are:
(a) Not drained, ex-cayated, or filled beyond that necessary to replace, maiataia, or repair
l>xisting drainage iBfrastrneture ,....ith a eapaeity not to eKceed that whieh 'l,xas originally
constmeted; or
(b) Replaced at a ratio of one to one (1: I) or greater under United States dcpartmeBt of
agricuItw-e pro'/isions as sHpported by documentation from. the United Stat-es
department of agricaltare, whieh must be included as evidence to support this
exemption.
2. Per the WC.A., if the aetivity woald result in loss of eligibility or cOR-'tersion to
nonagricalmralland ,-,;!thin tcn (10) years, the lanGov.'fler cannot qualify for the exemption.
This section applies to all land, pablio or private, located \vithin the eity.
:3-.2. When any provision of any ordinance conflicts with this section, that which provides
more protection to the wetland or wetland buffer shall apply unless specifically provided
otherwise in this section; provided, such exceptions shall not conflict with state regulations,
such as the state shore land program.
4: 3.This section shall apply to all land containing wetlands and land within the setback and
buffer areas required by this chapter. Wetlands shall be subject to the requirements
established herein, as well as restrictions and requirements established by other applicable
federal, state, and city ordinances and regulations. These wetland protection regulations
shall not be construed to allow anything, otherwise prohibited in the zoning district where
the wetland area is located.
$.4. A wetland is land that meets the definition of "wetlands" set forth in this section.
Wetlands have been identified and the wetland management classification as established by
the officially adopted city maps shall be prima facie evidence of the location and
classification of wetlands. The official maps shall be developed and maintained by the
community development department. The presence 01' absence of a wetland on the official
maps does not represent a defmitive determination as to whether ajurisdictional wetland is
01' is not present. Wetlands that are identified during site specific delineation activities but
do not appear on the official wetland maps are still subject to the provisions of this section.
It will be the responsibility of an applicant to delineate the exact wetland boundary. All
delineations must be reviewed by the Dakota County soil and water conservation district.
The Dakota County soil and water conservation district will make recommendations to the
city. The city council has delegated delineation review authority to its staff. The cit.y will
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classify wetlands based on the criteria discussed under subsection (A) of this section. The
applicant shall get final delineation approval from the city.
6.5. Applicants seeking a change in wetland classification must submit to the city a
completed MNRAM version 1.0 form. The technical evaluation panel will review the
request for change. The technical evaluation panel will make a recommendation to the city
regarding the change in classification.
+: 6.This subsection is applicable to wetlands that are determined to be jurisdictional
wetlands, based on delineation procedures of the wetland conservation act.
.g.. 7.This subsection establishes four (4) wetland classifications as defmed in subsection (A)
of this section: protect, manage 1, manage 2, and utilize. (Ord. 008-593, 12-1-2008)
(C) General Standards:
1. The following standards apply to all lands within and/or abutting a wetland:
(a) Septic and soil absorption systems must be set back a minimum of one hundred feet
(100') from the city approved boundary of the wetland.
(b) Building elevation standards shall confOlm witll the standards of the Fmmington surface
water management plan.
( c) Structures intended to provide access across a wetland shall be prohibited unless a
pennit is obtained in conformance with state regulations.
(d) The MPCA's best management practices shall be followed to avoid erosion and
sedimentation during construction processes.
(D) No Net Loss And Wetland Alteration:
1. It is the intent of this section to avoid the alteration and destruction of wetlands. When
wetlands or their buffer areas are altered or destroyed, mitigation must be provided to
recreate the functions and values of the lost wetland and/or buffer area. To achieve no net
loss of wetlands except as authorized by a wetland alteration permit issued by the city, a
person may not drain, grade, fill, remove healthy native vegetation, or otherwise alter or
destroy a wetland of any size or type. Any alteration to a wetlands pennitted by a wetland
alteration pennit, must be fully mitigated so that there is no net loss of wetlands. (Ord. 002-
469,2-19-2002)
2. Where it is found that avoidance of direct impact on a wetland is not feasible, wetland
replacement shall be done as per agency (VRWJPO, corps of engineers, department of
natural resources), and city (WCA) standards. No pennits will be granted until the WCA
replacement plan is approved or exemption certificate is obtained. Wetland
replacement/mitigation siting must follow the priority order below:
(a) Mitigation on site.
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(b) Mitigation within the same minor subwatershed as established by the Minnesota
department of natural resources for the "1979 watershed mapping project" pursuant to
Minnesota laws. 1977, chapter 455, section 33, subdivision 7. paragraph (a).
(c) Mitigation within the }PO bmmoorywatershed.
(d) Mitigation within Dakota County.
(e) Mitigation wit-hm. majonvatershed ft1:I:B'lber 38: :Mississippi sad Lak-e Pepin, eK-eluding
mmor sub'l.'atersheds 3800400,3800500,3800401,3801700,3800402,3800200,
3800302,3800600.3800800,3800301,3800300,3800700,3801601,3800100,
3801800.3801200,3801100,3801000, and 3800900. ....:hich ar-e located in Goodhue
Coaaty and are tribatary te the Mississippi River instead of the Yermillion Ri'ler.
(f) WTransportation projects shall pursue wetland mitigation projects to the extent practical
using the criteria above. However, this does not preclude the use of the BWSR
replacement program.
3. Drainage. grading, filling. removal of healthy native vegetation or otherwise altering or
destroying a wetland of any size or type requires a wetland alteration permit. Other
activities in a wetland requiring a wetland alteration permit include. but are not limited to:
(a) Construction of new streets and utilities.
(b) Installation of boardwalks.
4. When a wetland alteration permit is issued allowing filling in a wetland, the following
standards shall be followed:
(a) Filling must be consistent with the Fannington surface water management plan.
(b) Filling in wetland areas will be required to be mitigated in accordance with the
requirements of this section and the wetland conservation act. (Ord. 008-593. 12-1-
2008)
5. When a wetland alteration permit is issued allowing dredging, excavating or grading in a
wetland the following standards shall be followed in order to preserve WCA exemption or
no loss determination in types 1,2,6, and 7 wetlands:
(a) The dredging will not have a net adverse effect on the ecological and hydrological
characteristics of the wetland.
(b) It shall be located as to minimize the impact on vegetation and loss of wetland function
(as determined by the VRWJPO or city). Exceptions may be allowed in basins
dominated by invasive exotic species such as reed canary grass (Phalaris arundinacea).
(Ord. 009-601. 3-16-2009)
(c) It shall not adversely change water flow.
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(d) The size of the dredged area shall be limited to the minimum required for the proposed
action.
(e) Disposal of the dredged material is prohibited within the wetland area unless it is part of
an approved wetland replacement plan.
(f) Disposal of any dredged material shall include proper erosion control and nutrient
retention measures.
(g) Dredging in any wetland area is prohibited during waterfowl breeding season or fish
spawning season, unless it is determined by the city that the wetland is not used for
waterfowl breeding or fish spawning.
(h) Dredging in wetland areas will be required to be mitigated in accordance with
requirements of this section if the activity results in a loss of functional wetland.
Dredging to create water quality or habitat improvements may be allowed by the city
where reasonable alternatives are not available or where the wetland is of low quality
and designated for this purpose by the Farmington surface water management plan.
6. When a wetland alteration permit is issued allowing storm water runoff to discharge
directly into a wetland, the permit will include requirements established by the Farmington
surface water management plan. These requirements establish a maximum high water level
bounce and allowable phosphorus loadings based on the city's wetland classification
system. A protect or manage 1 public waters wetland or wetland may not be used for
stormwater management and treatment unless the use will not adversely affect the function
and public value of the wetland and other alternatives do not exist. (Ord. 008-593,12-1-
2008)
7. An applicant for a wetland alteration permit shall adhere to the following principles in
descending order of priority:
( a) Avoid the direct or indirect impact of the activity that may destroy or diminish the
wetland;
(b) Minimize the impact by limiting the degree or magnitude of the wetland activity and its
implementation;
( c) Rectify the impact by repairing, rehabilitating, or restoring the affected wetland function
and its implementation;
(d) Reduce or eliminate the impact over time by preservation and maintenance operations
during the life of the activity; and
(e) Replacing unavoidable impacts to the wetlands by restoring or creating substitute
wetland areas having equal or greater public value as set forth in Minnesota rules
8420.0530 to 8420.0630.
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8. A wetland alteration permit shall not be issued unless the proposed development complies,
within the provisions of the mitigation subsection of this section, as well as the standards,
intent, and purpose of this section. (Ord. 002-469,2-19-2002)
(E) Wetland Buffer Areas:
1. For lots of record created after June 7, 1999 (date of original wetlands ordinance adoption),
a buffer area shall be maintained abutting all wetlands. The following requirements shall be
met concerning the wetland buffers:
(a) Where a buffer is required, the city shall require the protection of the buffer under a
conservation easement, or include the buffer in a dedicated outlot as part of platting and
subdivision approval, except where the buffer is located in a public transportation right
of way. (Ord. 009-601, 3-16-2009)
(b) A wetland line and wetland buffer delineation line must be shown on the plan submitted
to the city.
(c) A silt fence shall be erected at the wetland buffer line during construction and shall not
be removed until sod is installed on all lots adjacent to the wetland buffer.
(d) Permanent monumentation shall be erected at the time of the installation of the silt
fence as required in subsection (E)5 of this section.
(e) Building permits shall not be issued until silt fence and monumentation are installed and
disturbed areas of buffer are seeded, mulched, and disked.
2. Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation
in an undisturbed state is required unless approval to replace such vegetation is received. A
buffer has acceptable vegetation if it:
(a) Has a continuous, dense layer of perennial grasses that has been uncultivated or
unbroken for at least five (5) consecutive years; or
(b) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at
least five (5) consecutive years; or
(c) Contains a mixture of the plant communities in subsections (E)2(a) and (E)2(b) of this
section that has been uncultivated or unbroken for at least five (5) years.
3. Buffers shall be staked and protected in the field prior to construction unless the vegetation
and the condition of the buffer are considered inadequate. Existing conditions vegetation
will be considered unacceptable if:
(a) Topography or sparse vegetation tends to chalmelize the flow ofswface water.
(b) Some other reason the vegetation is unlikely to retain nutrients and sediment.
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4. Where buffer vegetation and conditions are unacceptable, or have been cultivated or
otherwise disturbed within ten (10) years of the permit application, or where approval has
been obtained to replant, buffers shall be replanted and maintained according to the
following standards: (Ord. 008-593, 12-1-2008)
(a) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or
the Dakota SWCD, with the exception of a onetime planting with an annual nurse or
cover crop. Plantings of native forbs and grasses may be substituted for seeding. All
substitutions must be approved by the city. Groupings/clusters of native trees and
shrubs, of species and at densities appropriate to site conditions, shall also be planted
throughout the buffer area.
(b) The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR,
NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for
pennanent cover shall be appropriate for the soil site conditions and free of invasive
species.
(c) Buffer vegetation (both natural and created) shall be protected by erosion and sediment
control measures during construction.
(d) During the first five (5) full growing seasons, except where the city has detennined
vegetation establishment is acceptable, the owner or applicant must replant buffer
vegetation where the vegetative cover is less than ninety percent (90%). The owner or
applicant must assure reseeding or replanting if the buffer changes at any time through
human intervention or activities. (Ord. 009-601, 3-16-2009)
(e) No fertilizer shall be used in establishing new buffer areas.
(f) Applicants may obtain from the city a set of standard seeding and planting specifications
for buffer areas, which meet all the city requirements.
5. Buffer areas shall be identified by pennanent monumentation acceptable to the city at
every other lot corner or every three hundred feet (300'), whichever is less, and at all angle
points of lot.
6. Alterations, including building, storage, paving, routine mowing, burning, plowing,
introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing
livestock, agricultural production, yard waste disposal, or fertilizer application are
prohibited within any buffer. Periodic mowing or burning, or the use of fertilizers and
pesticides for the purpose of managing and maintaining native vegetation is allowed.
Noxious weeds may be removed and mechanical or spot herbicide treatments may be used
to control noxious weeds, but aerial or broadcast spraying is not acceptable. Prohibited
alterations would not include plantings that enhance the natural vegetation or selective
clearing 01' pruning of trees or vegetation that are dead, diseased or pose similar hazards, or
as otherwise clarified in this section.
7. Where acceptable to adjacent propelties, owners are encouraged to leave dead trees and
branches in the buffer area, because they are part of the native natural environment and
provide necessary habitat to many birds and native wildlife.
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96
8. The following activities shall be permitted within any buffer, and shall not constitute
prohibited alterations:
(a) The following activities are allowed within both the minimum and average buffer width
areas:
(1) Use and maintenance of an unimproved access strip through the buffer, not more
than ten feet (10') in width, for recreational access to the major waterway or
wetland and the exercise of riparian rights.
(2) Structures that exist when the buffer is created.
(3) Placement, maintenance, repair, or replacement of public roads and utility and
drainage systems that exist on creation of the buffer or are required to comply with
any subdivision approval or building permit obtained from the municipality or
county, so long as any adverse impacts of public road, utility, or drainage systems
on the function of the buffer have been avoided or minimized to the extent
practical.
(4) Clearing, grading, and seeding is allowed if part of an approved wetland
replacement plan, or approved stream restoration plan.
(5) Construction of a multipurpose trail, including boardwalks and pedestrian bridges,
provided it is constructed to minimize erosion and new impervious surface, and has
an undisturbed area of vegetative buffer at least ten feet (10') in width between the
trail and the wetland or public waters wetland edge, or the bank of the major
waterway; or where needed to cross the major waterway, the minimum impact
alignment is used.
(6) The construction of underground utilities such as water, stormwater, and sanitary
sewers and pipelines provided the minimum impact alignment is used, the area is
stabilized in accordance with subsection (E)4 of this section, and setbacks
established in subsection 10-5-25(F)2(b)(4) of this title are met.
(b) The following activities are allowed within those portions of the average buffer width
that exceed the minimum buffer width:
(1) Stormwater management facilities, provided the land areas are stabilized in
accordance with subsection (E)4 of this section, and alterations prohibited in
subsection (E)6 of this section are upheld.
(2) The area of shallow vegetated infiltration and biofiltration facilities, and water
quality ponds not to exceed fifty percent (50%) of the pond area, adjacent to
wetlands and major waterways may be included in buffer averaging provided the
facilities do not encroach into the minimum buffer width, and the land areas are
stabilized in accordance with subsection (E)4 of this section, and alterations
prohibited in subsection (E)6 of this section are upheld.
9. All buffer areas are measured fi:om the wetland edge as marked in the field.
20
97
10. The following buffer area sizes are minimum requirements:
I
Wetland Tvne
-r
I Protect 'I Ma_e 1 I MaDOg< 21 Utilize ~
I 11 I I I.
I 75 feet I 50 feet I 30 feet I 25 feet I
I
I
Average buffer width
100 feet "protect" wetlands in the designated
trout
stream corridor
r -:";;J''t
<;;/i._<',:"Y"
,:.,.::.;,;....y\;~:.,.;). :..<. "'" ,-j;;- <>< ,:'1.' ,,':'. :;""<" ''/'1';'. ':"--.',';;y':' >...,'~'J": ;: ,). <i" 'y ....:.. ""~.
II I I f
17Sfe&FFI16oSfe&
II II I
11OfeetFF~
-,', .~...,
* <-.'0""'"
I
Minimum buffer
Structure setback from outer edge of
buffer
11. Any wetland restored, relocated, replaced or enhanced because of wetland alterations
should have at least the minimum buffer area required for the class of the wetland involved.
12. The city may reconunend buffer area averaging in instances where it will provide
resource protection to wetland or to valuable adjacent upland habitat, or allow for
reasonable use of property as described in subsection (B) of this section, provided that the
total buffer area on site contained in the buffer remains the same.
13. If the area ofthe buffer has a preconstruction slope of twelve percent (12%) or greater,
the buffer shall be at the maximum width for the applicant's wetland classification. The use
of a meandering buffer area to maintain a natural appearance is encouraged but not required
in areas of flat topography. (Ord. 008"593, 12-1-2008)
(F) Wetland And Buffer Area Mitigation: Where wetland alteration is approved and mitigation is
required, mitigation must result in equal or improved wetland function and value. Mitigation
plans must address water quality improvement, and maintenance of preexisting hydrological
balance and wildlife habitat. The wetland function and value will include improvement of
water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation
will be perfOlmed at ratios required by the wetland conservation act to achieve replacement
of the wetland function and value.
The following criteria shall be required for wetland or buffer area mitigation:
1. Wetland mitigation will be perfOlmed at a ratio required by the wetland conservation act.
Buffers will be required to be replaced on the fill slope. When a wetland is completely
filled, the buffer area requirement associated with the classification of the wetland that was
filled will be required for tile replacement wetlands unless replacement is occurring
21
98
adjacent to a wetland with a higher classification. In this case, the buffer area requirement
for the higher wetland classification will apply.
2. Mitigation should always result in equal or improved wetland function and value. The
wetland function and value will include improvement of water quality, maintaining
hydrological balance, and provision of wildlife habitat.
3. Mitigation shall provide a buffer area as set forth in this section.
4. Mitigation shall maintain or enhance the wetland hydrological balance through the
following:
(a) Restoration of partially drained wetlands.
(b) Creation of new wetlands.
(c) Restoration of buffer area functions.
5. Mitigation shall provide for pretreatment of water prior to entry to the wetland to improve
water quality if required by the Fannington surface water management plan.
6. Mitigation involving the buffer area shall provide landscaping for nesting, and food for
wildlife habitat. The buffer area landscape shall provide for wildlife cover and utilize a
diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage
wildlife diversity.
7. Wetland and buffer area mitigation should be undertaken on site. If this is not feasible,
mitigation should occur locally within the subwatershed. If this is not possible, mitigation
should occur outside the subwatershed, elsewhere in the city. If mitigation cannot be
accomplished on site, or if the city deems it necessary to perform mitigation off site, the
applicant shall be responsible for contributing into the citis wetland restoration fund
(described in the Fannington surface water management plan). The contribution will be
based on the city's cost to create the new wetland. This includes, but is not limited to, the
cost of land, design, engineering, legal, and construction activities needed to create the new
wetland. The mitigation performed off site shall meet the requirements of this section.
8. Wetland and buffer area plantings that are completed for mitigation shall meet the
standards for plantings specified in subsection (E) of this section. (Ord. 002-469,2-19-
2002)
22
99
10-6-18: SHORELAND MANAGEMENT REGULATIONS:
(A) Purpose And Authorization:
1. Purpose: The uncontrolled use of shorelands affects the public health. safety and general
welfare by contributing to the pollution of public waters. negative impacts on fish and
wildlife habitat, and by impairing the local tax base. Therefore, it is in the best interests of
the public health, safety and welfare to provide for the wise subdivision. use and
development of shorelands of public waters. The legislature of Minnesota has delegated
responsibility to local governments of the state to regulate the subdivision, use and
development of the shorelands of public waters and thus preserve and enhance the quality
of surface waters, conserve the economic and natural environmental values of shorelands,
and provide for the wise use of waters and related resources. The city of Farmington hereby
recognizes this responsibility.
2. Statutory Authorization: This section is adopted pursuant to the authorization and policies
contained in MSA, chapter 103F, Minnesota regulations, parts 6120.2500_6120.3900, and
the planning and zoning enabling legislation in MSA, chapter 462.
(B) General Provisions:
1. Jurisdiction: The provisions of this section shall apply to the shorelands of the public water
bodies as identified in subsection (D) of this section. Pursuant to Minnesota regulations,
parts 6120.2500_6120.3900, flowage less than ten (10) acres in size is exempt from the
requirements under this section.
2. Application: This section shall apply to any applicant for a subdivision approval, or permit
for grading, excavation, or mining in shoreland areas issued after July 15. 2002. This
section applies to all land. pl:lblio or privat-e.leeated '.vithia the eity. located within the
defined shoreland.
3. Abrogation And Greater Restriction: It is not intended by this section to repeal. abrogate,
or impair any existing easements. covenants, or deed restrictions. However, where this
section imposes greater restrictions, the provisions of this section shall prevail. All other
sections of this code inconsistent with this section are hereby repealed to the extent of the
inconsistency only.
4. Compliance: The use of any shoreland of public waters; the size and shape of lots; the use,
size, type and location of structures on lots; the installation and maintenance of water
supply and waste treatment systems, the grading and filling of any shoreland area; the
cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with
the terms ofthis section and other applicable regulations.
5. Interpretation: In their interpretation and application, the provisions of this section shall be
held to be minimum requirements and shall be liberally construed in favor of the city and
shall not be deemed a limitation or repeal of any other powers granted by state statutes.
23
100
6. Severability: If any section, clause, provision, or portion of this section is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this
section shall not be affected thereby.
(C) Administration:
1. Variances: The planning commission shall hear and decide requests for variances in
accordance with the rules that it has adopted for the conduct of business. When a variance
is approved after the department of natural resources has formally recommended denial in
the hearing record, the notification of the approved variance required in subsection (C)2 of
this section shall also include the summary of the public record/testimony and the findings
of fact and conclusions that support the issuance of the variance.
2. Notifications To The Department Of Natural Resources: Copies of all notices of any public
hearings to consider variances, amendments. or conditional uses under local shoreland
management controls must be sent to the commissioner of the department of natural
resources or the commissioner's designated representative and postmarked at least ten (10)
days before the hearings. Notices of hearings to consider proposed subdivisions/plats must
include copies of the subdivision/plat. A copy of approved amendments and
subdivisions/plats. and final decisions granting variances or conditional uses under local
shoreland management controls must be sent to the commissioner of the department of
natural resources or the commissioner's designated representative and postmarked within
ten (10) days of final action.
(D) Shoreland Classification System And Land Use Districts:
1. Shoreland Classification System: The public waters of the city of Farmington have been
classified below consistent with the criteria found in Minnesota regulations, part
6120.3300, and the protected waters inventory map for Dakota County. Minnesota.
(.) 1 Agricultural Rivers
~I
......-----, Vermillion River
......-----,
~I
"""-----1
-I
f
......-----
(b) Tributaty Rivers/Streams*
n Wca1ion
r-I
r-I T. 113N, R. 20W, Section 1 and
r- T. 114 N. R. 19W. Sections 29. 30. and 31
r-I And R. 20W. Section 36
-r-I
r-I
r-I
".'. T. 114N, R. 20W. Sections 3, 4,8,9, 10, 11, 12,
I . 13 and
>',".'>.,:......\......,
......-----,
'--1 North Creek
>~'u:Eilll~:x:.;.,~
'>.,,'~,.':.f,,"','<,/,':<.,. .::', ',', ,_',0 .<'.,,-, .\:-
101
24
"""-----1 r-I T. 114N, R, 19W. Sections 18, 19, and 30 f
"""-----1 Middle Creek r-I T. 114N, R, 19W, Section 30 and f
'-1 r- T. 114N, R, 20 W, Sections 15, 16, 17,21,22,25
and 26
'-1 South Creek r- T. 114N, R,20W, Sections 19,20,29,32,33,34,
35, and 36
......-----, iii ,
......-----
* All protected watercourse in the city of Farmington shown on the protected waters
inventory map for Dakota County. a copy of which is hereby adopted by reference, not
given a classification above shall be considered "tributary".
The shoreland area for these waterbodies shall be shown on the official zoning map.
2. Land Use Districts For Rivers And Streams: The land use districts identified in chapter 5 of
this title, and the allowable land use therein for the given classifications of water bodies,
shall be properly delineated on the official zoning map for the shorelands of Farmington.
"""-----nl P = permitted use I f
"""-----nl C = conditional use ,I I
......----- r I I
r-rl Agricultural Tributaly
r-rl 'i I
I
Wnl Residential District I
I
i
......----- n, I I
'-l Duplex, triplex, quad I p I P
I
residential I
~rl Extractive use 'I C ! C
,
,
- -
:-~I Forest management ;1 P I P
I
,
,
"""-----nl Parkslhistoric sites I ; f
P P
......----- n I Semipublic I C II C I
"""-----nl Single residential I P P
......----- n I :1 :1
L :~^...,.. '<'.. ',.'.~ ":'.j.'L'~"T:~:>liim'f' d ;\0' ".::;;re~.j'",>M<.'.'1!'.W4."'<::': ,',?/ ;", ....... >' ''ii--c>",.,,,'',fi-t<., -....,:."<:..,,..'.....j. <-"" .,,,;,......:c;....;, ,:.-...:.....,.. ,''''.,,-:<
25
102
WII High Density Residential:
"""-----,1
"""-----1 Duplex, triplex, quad
I residential
......-----, ~rest management
"""-----,1 Parks/historic sites
"""-----,1 Residential PUD
......-----, rs;mipublic
"""-----,1 Single residential
"""-----,1
'(e) II General Use District:
r--II Commercial
......-----'~ercial PUD*
r--,r Extractive use
......-----,
......-----,
......-----,
......-----,
......----- r-
.-~
I
I
1
I
I
I
I
I
I
P
P [
I P r
I c
C
\
P I
I I
c
c f
c
P
P
P
C
c
P
c
c
c
I Forest management P I P r
r Industrial I I
N C [
Parkslhistoric sites I P 'I P r
I Public/semipublic I C I c f
I i- ,I r
*Limited expansion of a commercial planned unit development involving up to six
(6) additional dwelling units or sites may be allowed as a permitted use provided the
provisions of the city's PUD requirements are satisfied.
,......Lf...;d1",,('.'t ,-,-,\}".t ;/i;C "'<-'<.""':';"',;.."';,7"" 9'-::'<w1,;{!;,s:_i. r., ',,:',' ,,",
[Z.2:2U',/,
3. Uses And Upgrading Of Inconsistent Land Use Districts:
(a) The land use districts adopted in this title, as they apply to shoreland areas and their
delineated boundaries on the official zoning map, are not consistent with the land use
district designation criteria specified above. These inconsistent land use district
designations may continue until revisions are proposed to change either the land use
district designation within an existing land use district boundary shown on the official
103
26
zoning map, or to modifY the boundary of an existing land use district shown on the
official zoning map.
(b) When a revision to a land use district designation on a river or stream is proposed, the
land use district boundaries and the use provisions therein for all shoreland on both
sides of the river or stream within the same classification within the jurisdiction of this
section must be revised to make them substantially compatible within the framework of
this section. If the same river classification is contiguous for more than a five (5) mile
segment, only the shoreland for a distance of2.5 miles upstream and downstream, or to
the class boundary if closer, need be evaluated and revised.
( c) When an interpretation question arises about whether a specific land use fits within a
given "use" category, the planning commission shall decide the issue. When a question
arises as to whether a land use district's boundaries are properly delineated on the
official zoning map, this decision shall be made by the city council.
(d) When a revision is proposed to an inconsistent land use district provision by an
individual party or landowner, this individual party or landowner will only be
responsible to provide the supporting and/or substantiating information for the specific
parcel in question. The city council will direct the city planner/community development
director to provide such additional information for this waterbody as is necessary to
satisfY the requirements under subsections (D)1 and (D)2 of this section.
(e) The city council shall make a detailed fmding of fact and conclusion when taking final
action establishing that the revision, and the upgrading of any inconsistent land use
district designations on said waterbody, are consistent with the enumerated criteria and
use provisions of this subsection.
(E) Zoning And Water Supply/Sanitary Provisions:
1. Lot Area And Width Standards:
(a) Rivers/Stream Lot Width Standards: There is no minimum lot size requirement for rivers
and streams. The lot width standards (in feet) for single, duplex, triplex, and quad
residential lots created after the date of enactment of this section for the river and stream
classifications are the following:
r-I Agricultural I,TribUtary I
rl 1M
Single r-I 150 ir- 75 r
Duplex r-I 225 r-I 115
Triplex r-I 300 r- 150
Quad r-I 375 r- 190 [
"f<<'i',..>"..'-t +<'..., ..
LiE
27
104
(b) Additional Special Provisions: Residential subdivisions with dwelling unit densities
exceeding those in the table above can only be allowed if designed and approved as
residential planned unit developments. Lot width standards must be met at both the
ordinary high water level and at the building line. These standards assume that publicly
owned sewer system service is available to the property.
2. Placement, Design And Height Of Structures:
(a) Placement Of Structures On Lots: When more than one setback applies to a site, structures
and facilities must be located to meet all setbacks. Where structures exist on the adjoining
lots on both sides of a proposed building site, structure setbacks may be altered without a
variance to conform to .the adjoining setbacks from the ordinary high water level,
provided the proposed building site is not located in a shoreline buffer area. Structures
and on site sewage treatment systems shall be set back (in feet) from the ordinary high
water level as follows:
Water
Classification
Structures
Unsewered
~ Sewage
Treatment
Sewered Systems
I 1 I
1100 ~
150. 175 ,~f
-~-~~~.~
I
1100
1100
Where averaging is allowed, structure setbacks cannot be less than fIfty percent (50%) of
the minimum setback.
(b) Design Criteria For Structures:
(1) Water Oriented Accessory Structures: Each lot may have one water oriented
accessory structure not meeting the normal structure setback requirements of this
section if this water oriented accessory structure complies with the following
provisions:
A. The structure or facility must not exceed ten feet (10') in height, exclusive of
safety rails, and cannot occupy an area greater than two hundred fIfty (250) square
feet. Detached decks must not exceed eight feet (8') above grade at any point.
B. The setback of the structure or facility from the ordinary high water level must be
at least ten feet (10').
C. The structure or facility must be treated to reduce visibility as viewed from public
waters and adjacent shorelands by vegetation, topography, increased setbacks, or
color, assuming summer. leaf-on conditions.
D. The roof may be used as a deck with safety rails but must not be enclosed or used
as a storage area.
28
105
E. The structure or facility must not be designed or used for human habitation and
must not contain water supply or sewage treatment facilities.
(2) High Water Elevations: Structures must be placed in accordance with any floodplain
regulations applicable to the site.
(3) Structures Without Water Oriented Needs: Structures without water oriented needs
must be placed on nonriparian lots, or be double the structure setback, or screened
from view from public waters by vegetation, topography, or both. (Ord. 002-477, 7-
15-2002)
3. Shoreland Buffer Areas:
(a) Application: For lots of record created after July 15,2002, a buffer area shall be
maintained abutting all rivers and streams. Buffer vegetation shall be established and
maintained in accordance with the requirements that follow.
(b) Buffer Area Vegetation Requirements: Where acceptable natural vegetation exists in
buffer areas, the retention of such vegetation in an undisturbed state is required unless
approval to replace such vegetation is received. A buffer has acceptable vegetation if it:
(1) Has a continuous, dense layer of perennial grasses that has been uncultivated or
unbroken for at least five (5) consecutive years; or
(2) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for
at least five (5) consecutive years; or
(3) Contains a mixture of the plant communities in subsections (E)3(b)(l) and
(E)3(b)(2) of this section that has been uncultivated or unbroken for at least five (5)
years.
( c) Maintenance Of Buffer Areas: Buffers shall be staked and protected in the field prior to
construction unless the vegetation and the condition of the buffer are considered
inadequate. Existing conditions vegetation will be considered unacceptable if:
(1) Topography or sparse vegetation tends to channelize the flow of surface water.
(2) Some other reason the vegetation is unlikely to retain nutrients and sediment. (Ord.
008-593, 12-1-2008)
(d) Requirements For Replanting: Where buffer vegetation and conditions are
unacceptable. or have been cultivated or otherwise disturbed within ten (10) years of
the permit application, or where approval has been obtained to replant. buffers shall be
replanted and maintained according to the following standards:
(1) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR.
NRCS or the Dakota SWCD, with the exception of a onetime planting with an
annual nurse or cover crop. Plantings of native forbs and grasses may be
substituted for seeding. All substitutions must be approved by the city.
29
106
Groupings/clusters of native trees and shrubs, of species and at densities
appropriate to site conditions. shall also be planted throughout the buffer area.
(Ord. 009-602,3-16-2009)
(2) The seed mix and planting shall be broadcast/installed according to MnDOT,
BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and
plantings for permanent cover shall be appropriate for the soil site conditions and
free of invasive species.
(3) Buffer vegetation (both natural and created) shall be protected by erosion and
sediment control measures during construction. (000. 008-593, 12-1-2008)
(4) During the ftrst five (5) full growing seasons, except where the city has determined
vegetation establishment is acceptable, the owner or applicant must replant buffer
vegetation where the vegetative cover is less than ninety percent (90%). The owner
or applicant must assure reseeding or replanting if the buffer changes at any time
through human intervention or activities. (Ord. 009-602, 3-16-2009)
(5) No fertilizer shall be used in establishing new buffer areas.
(6) Applicants may obtain from the city a set of standard seeding and planting
specifications for buffer areas, which meet all the city requirements.
(e) Buffer Identification: Buffer areas shall be identified by permanent monumentation
acceptable to the city. In residential subdivisions, a monument is required for each lot.
In other situations, a monument is required for each three hundred feet (300') of
wetland edge.
(f) Vegetation Clearing Or Removal: The clearing and removal of vegetation in the buffer
area is prohibited, except for selective clearing and pruning of individual trees that are
dead, diseased, noxious weeds, or hazards. Owners are encouraged to leave dead trees
and branches in the buffer area, because they are part of the native natural environment
and provide necessary habitat to many birds and native wildlife.
(g) Dumping In Buffer Areas: Dumping yard waste in buffer areas, including leaves and
grass clippings, is prohibited by this section.
(h) Determination Of Buffer Areas: All buffer areas are measured from the ordinary high
water level as marked in the field.
(i) Minimum Buffer Areas: Buffers shall be established adjacent to major waterways as
shown and classified on map 1 - VermilIion River watershed attached to the VR WJPO
standards, and as described for the various classifications below. (Ord. 008-593, 12-1-
2008)
(1) Conservation con'idor; lower reach (Vermillion River downstream ofBiscayne
Avenue): One hundred fifty foot (150') average, one hundred foot (100') minimum
measured from the edge of the meander belt of the river.
30
107
(2) Conservation corridor; upper reach (Vermillion River upstream ofBiscayne Avenue
and South Branch Vermillion River): One hundred fifty foot (150') average, one
hundred foot (100') minimum measured from the edge of the meander belt of the
river.
(3) Aquatic corridor; principal connector: Required buffer width one hundred foot
(100') average. sixty five foot (65') minimum measured from the edge of the
meander belt of the river.
(4) Aquatic corridor; principal connector with trout stream designation: One hundred
foot (100'), no averaging. as required by the general permit autheflz-atioo t-o
disebarge stol'fH-'"Nater asseeiated '.'lith eonstruetiofl aeti:<;ity under the Batiooal
pollutant disekarge elimiBatieR system/state dispesal system permit progm.m permit
MN Rl 0000 1 (NPDES general construction permitJ issued by the Mitmesota
pollutlmt eoBtrol ageaey, ;\-l:lgtist 1,2008"
(5) Aquatic corridor; tributary connector: Fifty foot (50') average. thirty five foot (35')
minimum. plus two feet (2') for every one percent (1%) of slope measured from the
edge of the meander belt of the tributary.
(6) Water quality corridor: Thirty foot (30') average, twenty foot (20') minimum where
there is a flow path for concentrated surface runoff measured from the centerline of
the flow path. (Ord. 009-602, 3-16-2009)
G) Buffer Averaging: The city may recommend buffer averaging for buffers in areas
designated manage 1, manage 2 or greenway corridors in instances where it will
provide resource protection to a valQable adjacent upland habitat. or allow for
reasonable use of property, provided that the total buffer area on site contained in the
buffer m"ea remains the same. No buffer averaging is allowed for trout stream buffers.
(k) Public Trail Exemption: Public trails that are routed through stream buffers for specific
interpretive purposes shall be exempted from this requirement.
(1) Maximum Width: If the area of the buffer has a preconstruction slope of twelve percent
(12%) or greater. the buffer shall be at the maximum width for the applicant's stream
classification. The use of a meandering buffer area to maintain a natural appearance is
encouraged. but not required in areas of flat topography.
(m) Stream Buffer Area Mitigation: Where alteration of a stream buffer area is approved
and mitigation is required, mitigation must result in equal or improved buffer function
and value. Mitigation plans must address water quality protection and wildlife habitat.
The following criteria shall be required for stream buffer m"ea mitigation:
(1) Buffer Replacement: Buffers must be required at a one to one (1:1) ratio. The buffer
requirement associated with the stream classification will be required for the
replacement buffer. unless replacement is occurring adjacent to a stream with a
higher classification. In this case, the buffer area requirement for the higher stream
classification will apply.
31
108
(2) Mitigation Goals: Mitigation shall be equal to or shall improve buffer function and
value. The function and value will include protection of water quality and provision
of wildlife habitat.
(3) Wildlife Diversity: Mitigation involving the buffer area shall provide landscaping
for nesting, food for wildlife, wildlife cover, and utilize a diversity of native flora
(trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity.
(4) Trout Streams: Mitigation in buffer areas along trout streams shall require
landscaping that protects trout habitat, such as trees, shrubs, and tall native grasses
that shade the stream.
(5) Area Of Mitigation: Stream buffer mitigation should be undertaken on site. If this is
not feasible. mitigation should occur locally within the subwatershed. If this is not
possible, mitigation should occur outside the subwatershed, elsewhere in the city.
(6) Buffer Plantings: Stream buffer area plantings that are completed for mitigation
shall meet the standards for plantings specified in subsection (E)4 of this section.
(Ord. 008-593, 12-1-2008)
4. Shoreland Alterations: Alterations of vegetation and topography will be regulated to
prevent erosion into public waters. fix nutrients, preserve shoreland aesthetics, preserve
historic values, prevent bank slumping, and protect fish and wildlife habitat.
(a) Vegetation Alteration:
(1) Standards: Removal or alteration of vegetation, except of agricultural uses as
regulated in subsection (E)7 of this section is allowed subject to the following
standards:
A. Intensive vegetation clearing within the shore zone and on steep slopes is
prohibited.
B. In shore impact zones and on steep slopes, limited clearing of trees and shrubs
and cutting, pruning, and trimming of trees is allowed to provide a view to the
water from the principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, access paths, livestock watering areas, beach
and watercraft access areas, and permitted water oriented accessory structures or
facilities, provided that:
i. The screening of structures, vehicles, or other facilities as viewed from the water,
assuming summer, leaf-on conditions, is not substantially reduced;
ii. Existing shading of water surfaces is preserved along rivers; and
iii. The above provisions are not applicable to the removal of trees. limbs, or
branches that are dead, diseased, or pose safety hazards.
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109
(2) Exemption: Vegetation alteration necessary for the construction of structures and
sewage treatment systems and the construction of roads and parking areas regulated
by subsection (E)5 of this section are exempt from this subsection.
(b) Topographic Alterations/Grading And Filling:
(1) Grading and filling and excavations necessary for the construction of structures,
sewage treatment systems, and driveways under validly issued construction permits
for these facilities do not require the issuance of a separate grading and filling
permit. However, the grading and filling standards in this section must be
incorporated into the issuance of permits for construction of structures, sewage
treatment systems, and driveways.
(2) Public roads and parking areas are regulated by subsection (E)5 of this section.
(3) Notwithstanding subsections (E)4(b)(1) and (E)4(b)(2) of this section, a grading and
filling permit will be required for:
A. The movement of more than ten (10) cubic yards of material on steep slopes or
within shore or bluff impact zones; and
B. The movement of more than fifty (50) cubic yards of material outside of steep
slopes and shor.e and bluff impact zones.
Excavations where the intended purpose is connection to a public water, such as
boat slips, canals, lagoons, and harbors, must be controlled by local shoreland
controls. Permission for excavations may be given only after the commissioner has
approved the proposed connection to public waters.
(4) Conditions For Approval: The following considerations and conditions must be
adhered to during the issuance of construction permits, grading and filling permits,
conditional use permits, variances and subdivision approvals:
A. Grading or filling in any type 2, 3. 4, 5, 6, 7 or 8 wetland must be evaluated to
determine how extensively the proposed activity would affect the following
functional qualities of the wetland*:
i. Sediment and pollutant trapping and retention;
ii. Storage of surface runoff to prevent or reduce flood damage;
iii. Fish and wildlife habitat;
iv. Recreational use;
v. Shoreline or bank stabilization; and
vi. Noteworthiness, including special qualities such as historic significance, critical
habitat for endangered plants and animals, or others.
33
110
*This evaluation must also include a determination of whether the wetland
alteration being proposed requires permits. reviews. or approvals by other local,
state, or federal agencies such as a watershed district, the Minnesota department of
natural resources. or the United States army corps of engineers. The applicant will
be so advised.
B. Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the sh0l1est time possible;
C. Mulches or similar materials must be used, where necessary, for temporary bare
soil coverage, and a permanent vegetation cover must be established as soon as
possible;
D. Methods to minimize soil erosion and to trap sediments before they reach any
surface water feature must be used;
E. Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water
conservation districts and the United States soil conservation service;
F. Fill or excavated material must not be placed in a manner that creates an
unstable slope;
G. Plans to place fill or excavated material on steep slopes must be reviewed by
qualified professionals for continued slope stability and must not create finished
slopes of thirty percent (30%) or greater;
H. Fill or excavated material must not be placed in bluff impact zones;
I. Any alterations below the ordinary high water level of public waters must fIrst be
authorized by the commissioner under MSA, section 105.42;
J. Alterations of topography must only be allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or nearby
properties;
K. Placement of natural rock riprap, including associated grading of the shoreline
and placement of a filter blanket, is permitted if the fmished slope does not exceed
three feet (3') horizontal to one foot (1') vertical, the landward extent of the riprap
is within ten feet (10') of the ordinary high water level, and the height ofthe riprap
above the ordinary high water level does not exceed three feet (3').
5. Placement Of Roads, Driveways, And Parking Areas:
(a) Design Requirements: Public and private roads and parking areas shall be designed to
take advantage of natural vegetation and topography to achieve maximum screening
from view from public waters. Applicants shall provide documentation by a qualified
engineer establishing that all roads and parking areas are designed and constructed to
minimize and control erosion to public waters consistent with the field office technical
34
111
guides of the local soil and water conservation district, or other applicable technical
materials.
(b) Setbacks: Roads, driveways, and parking areas must meet structure setbacks and must
not be placed within bluff and shore impact zones, when other reasonable and feasible
placement alternatives exist. Ifno alternatives exist, they may be placed within these
areas, and must be designed to minimize adverse impacts.
( c) Shore Impact Zones: Public and private watercraft access ramps, approach roads, and
access related parking areas may be placed within the shore impact zones provided the
vegetative screening and erosion control conditions of this subsection are met. For
private facilities, the grading and filling provisions of this section must be met.
6. Storm Water Management:
(a) Natural Drainageways: When possible, existing natural drainageways, wetland, and
vegetated soil surfaces must be used to convey, store, filter, and retain storm water
runoffbefore discharge to public waters.
(b) Reduction Of Runoff Volumes: Development must be planned and conducted in a
manner that will minimize the extent of disturbed areas, runoff, velocities, erosion
potential, and reduce the delay runoff volumes. Disturbed areas must be stabilized and
protected as soon as possible and facilities or methods used to retain sediment on the
site.
(c) Design Criteria: When development density, topographic features, and soil and
vegetation conditions are not sufficient to adequately handle storm water runoff using
natural features and vegetation, various types of constructed facilities. such as
diversion. settling basins, skimming devices, dikes, waterways, and ponds may be used.
Preference must be given to designs using surface drainage, vegetation, and infiltration
rather than buried pipes and manmade materials and facilities.
(d) Impervious Surface Coverage: Impervious surface coverage of lots must not exceed
twenty five percent (25%) of the lot area.
(e) Documentation Required: When constructed facilities are used for storm water
management, documentation must be provided by a qualified engineer that they are
designed and installed consistent with the field office technical guide of the local soil
and water conservation district.
(f) Storm Water Outfalls: New constructed storm water outfalls to public waters must
provide for filtering or settling of suspended solids and skimming of surface debris
before discharge.
7. Agricultural Use Standards:
(a) General Requirements: General cultivation farming, grazing, nurseries, horticulture,
truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes
anq shore impact zones are maintained in permanent vegetation or operated under an
approved conservation plan (resource management systems) consistent with the field
35
112
office technical guides of the local soil and water conservation districts or the United
States soil conservation service, as provided by a qualified engineer or agency. The
shore impact zone for parcels with permitted agricultural land uses is equal to a line
parallel to and fifty feet (50') from the ordinary high water level.
(b) Animal Feedlot Standards: Animal feedlots must meet the following standards:
(1) New feedlots must not be located in the shoreland or watercourses or in bluff
impact zones, and must meet a minimum setback ofthree hundred feet (300') from
the ordinary high water level of all public water basins; and
(2) Modifications or expansions to existing feedlots that are located within three
hundred feet (300') of the ordinary high water level or within a bluff impact zone
are allowed if they do not further encroach into the existing ordinary high water
level setback or encroach on bluff impact zones.
(F) Nonconformities: All legally established nonconformities as of the date of this section may
continue, but they will be managed according to applicable state statutes and other
regulations of this community for the subjects of alterations and additions. repairs after
damage. discontinuance of use and intensification of use.
1. Construction On Nonconforming Lots Of Record:
(a) Lots of record in the office of the county recorder on the date of enactment ofIocal
shoreland controls that do not meet the requirements of subsection (E) 1 of this section
may be allowed as building sites without variance from lot size requirements provided
the use is permitted in the zoning district, the lot has been in separate ownership from
abutting lands at all times since it became substandard, was created compliant with
official controls in effect at the time, and sewage treatment and setback requirements of
subsection (E) 1 of this section are met.
(b) A variance from setback requirements must be obtained before any use, sewage
treatment system, or building permit is issued for a lot. In evaluating the variance, the
board of adjustment shall consider sewage treatment and water supply capabilities or
constraints of the lot, and shall deny the variance if adequate facilities cannot be
provided.
( c) If, in a group of two (2) or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of subsection (E)1 of this section, the lot
must not be considered as a separate parcel of and for the purposes of sale or
development. The lot must be combined with one or more contiguous lots so they equal
one or more parcels of land, each meeting the requirements of subsection (E) 1 of this
section as much as possible.
2. Additions/Expansions To Nonconforming Structures:
(a) Structure Additions: All additions or expansions to the outside dimensions of an
existing nonconforming structure must meet the setback, height and other requirements
of subsection (E) of this section. Any deviation from these requirements must be
authorized by a variance.
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113
(b) Deck Additions: Deck additions may be allowed without a variance to a structure not
meeting the required setback from the ordinary high water level if all of the following
criteria and standards are met:
(1) The structure existed on the date the structure setbacks were established;
(2) A thorough evaluation of the property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water level setback of
the structure;
(3) The deck encroachment toward the ordinary high water level does not exceed
fifteen percent (15%) of the existing setback of the structure from the ordinary high
water level or does not encroach closer than thirty feet (30'), whichever is more
restrictive; and
(4) The deck is constructed primarily of wood. and is not roofed or screened. (Ord.
002-477, 7-15-2002)
11-4-7: STORM DRAINAGE:
(A) Subdivision Design: All subdivision design shall incorporate adequate provisions for
stormwater runoff consistent with the Farmington stormwater management plan and the city
of Farmington standard detail plates and engineering guidelines. At the time each plat or
replat is approved. a connection charge shall be made for past, present or future storm sewer
costs, payable in cash, and shall be deposited in the "city surface water management fund".
The monies so collected will be used in accordance with the Fannington comprehensive
drainage plan. Connection charges shall be determined as set forth in the city fee schedule, on
file with the city. The cash payment may be deferred, at an interest rate determined by
resolution of the city council, to the time the frrst stage of development takes place, so long as
the telIDS of deferment are set forth in a developer's agreement executed by the city and the
owner of the plat.
(B) Postconstruction Water Quality Criteria:
1. Postconstruction stormwater runoff quality measures shall meet the standard for the
NPDES general construction permit authorization to EJischarge stOl'm'l.'at-er assoeiat-ea with
eeastr1:1etiefl a6tivity sader the aatienal polletant discharge elimiHatioR systemlstate
disposal system permit program permit MN RIDDOO 1 (NPDE8 general constructien permit)
iss\:led by the Minnesota pollutioa eoatrol ageaey, f1\:lg1:lSt 1,2008, as ameBEJed; except
where more specific requirements are provided in subsections (B)2, (B)3, (B)4 and (B)5 of
this section. (Ord. 009-604, 3-16-2009)
2. Infiltration/filtration options, and credits described under runoff volume control criteria,
subsection (E)2 of this section, are the preferred approach to satisfying the water quality
treatment requirements of the NPDES general construction permit in areas that drain to the
trout stream portions of the VermiIIion River and its tributaries where such areas do not
fIrst drain to a water body with ten (10) or more acres of open water.
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114
3. Ponds with permanent wet pools are allowed in areas tributary to the trout stream portions
of the Vermillion River and its tributaries where such areas do not first drain to a water
body with ten (10) or more acres of open water, if the applicant demonstrates:
(a) No net increase in the temperature of the discharge for the 2-year, 24-hour event with
the use of alternative technologies and has met the volume control requirements of
these standards; or
(b) That the wet pond is designed for zero discharge for the 2-year, 24-hour storm; or
( c) That the volume control requirements of these standards are met and the following
measures are used to the extent practical in order of decreasing preference:
(1) The wet pond is designed with a combination of measures such as shading, filtered
bottom withdrawal, vegetated swale discharges, or constructed wetland treatment
cells that will limit temperature increases.
(2) Additional volume control measures and credits are used beyond that required to
meet the runoff volume standards as a means of limiting the frequency and duration
of discharges from the pond.
4. The water quality control volumes necessary to meet the NPDES general construction
permit that are satisfied using infiltration or filtration technologies (filtration only on type C
and D soils) can count toward the volume control requirements of these standards.
5. Ponds with overflows or outlets located below the seasonally high water table are allowed
only where it can be demonstrated that there is a reasonable need for such an outlet to
control seepage damage to existing structures.
6. Redevelopment projects are required to incorporate water quality BMPs to the extent
practical. (Ord. 008-594, 12-1-2008)
(C) Runoff Temperature Control Criteria:
1. Postconstruction runoff criteria for controlling temperature increases relies on the
establishment of buffers as specified in the buffer standard; the prioritization of temperature
sensitive BMPs such as infiltration and filtration. and the designation of temperature
sensitive wet pond design approaches in the postconstruction water criteria above; and the
control of runoff volume increases and the use of credits with the runoff volume control
criteria below. No additional specific temperature criteria are incorporated since these other
areas of the standards emphasize approaches sensitive to runoff temperature. However,
since these other areas of the standards allow flexibility, and in some cases waivers, permit
applications involving the creation of one or more acres of new impervious surface in the
trout stream portions of the Vermillion River and its tributaries where such areas do not
first drain to a water body with ten (10) or more acres of open water: a) must include a
narrative description of the temperature sensitive practices incorporated; and b) the city or
the VR WJPO may limit or deny waivers, or may require additional runoff temperature
BMPs, if the city or the VRWJPO finds that the site design does not minimize the potential
for runoff temperature increases. (Ord. 009-604.3-16-2009)
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115
(D) Peak Runoff Rate Control Criteria:
1. A hydrograph method based on sound hydrologic theory will be used to analyze runoff for
the design or analysis offlows and water levels. (Ord. 008-594, 12-1-2008)
2. Runoff rates for proposed activities and development shall:
fa) Apply land cover conditions existing in 2005 as the baseline for existing conditions in
runoff calculatiolls.
WillNot exceed existing runoff rates for the I-year and 10-year critical duration storm
events.
~(g} Be implemented by the city such that peak runoff rate controls keep future peak flood
flows for the Vermillion River 100-year, 4-day event from increasing above existing
conditions peak flows. (While the YRWJPO works to de:"/elop Rl:lmerieal stafldat'as at a
subv.'atershed seale, the standard ',vill be implemeItted as f-ollo':.'s: Rl:lROff rat-es for
proposed aetivities and de'lelopmeRt shall Rot eK-eeea the existing rate f-or the IQO yeat'
&ritieal daratioR storm e'/eBt.) (Ord. 009-604, 3-16-2009)
(d) Numerical flow standards must be adopted at intercommunity boundaries as identified
in the Velmillion River Watershed Joint Powers Organization Hydrologic Model
(2009).
3. Detention basins with permanent wet pools are allowed in areas tributary to the trout
stream portions of the Vermillion River provided posteoflstruetioR water qaality eriteria the
requirements in subsection B(3) of this section are met. (Ord. 008-594, 12-1-2008)
(E) Runoff V olume Control Criteria:
1. Development that creates one acre or more of new impervious surface must incorporate
volume control practices into the design sufficient to hold the runoff volume for the 2-year,
24-hour storm at predevelopment conditions. Det-ermmatioR ofilie fleeessary eoHtrol
'/olame to aehioyc this 5tandartl elHl be eompleted by the (;lit)' OR a l'egioRal basis and
ineladed iR lHl appr-o':ed loeal V,'lltel' pllHl, or ealeulated on a sit-e by sit-e basis for eaen
individual pr-oposaI.
2. Credits for site design are the preferred methods for meeting the volume control
requirements and shall be considered prior to the design of infiltration or filtration facilities.
3. The water quality control volumes necessary to meet the NPDES general construction
permit that are satisfied using infiltration or filtration technologies (filtration only on type C
and D soils) can count toward the volume control requirements of these standards.
4. When using infiltration for volume control, infiltration volumes and facility sizes shall be
calculated:
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(a) Using the appropriate hydrological soil group classification and saturated infiltration
rate shown below:
Hydrologic soil type A: 0.30 inch per hour
Hydrologic soil type B: 0.15 inch per hour
Hydrologic soil type C: 0.07 inch per hour
or,
(b) Using documented site specific infiltration or hydraulic conductivity measurements
completed by a licensed soil scientist or engineer, or
(c) Using the method provided in the "Minnesota Stormwater Manual" volume 2 (MPCA
2005) pages 18 through 21 of chapter 12-INF. The design shall consider the infiltration
rates of the least permeable horizon within the first five feet (5~ below the bottom of
the infiltration practice. The system shall be capable of infiltrating the required volume
in seventy two (72) hours.
5. Constructed infIltration facilities, such as infiltration basins and trenches:
(a) Can only be used if there is pretreatment of stormwater runoff designed to protect the
infiltration system from clogging with sediment and to protect ground water quality;
(b) Cannot be used within four hundred feet (400') of a municipal or other community
supply well or within one hundred feet (100') of a private well unless specifically
allowed by an approved wellhead protection plan;
( c) Cannot be used for runoff from fueling and vehicle maintenance areas and industrial
areas with exposed significant materials;
(d) Cannot be used on areas with less than three feet (3') vertical separation from the
bottom of the infiltration system and the seasonal high water table;
(e) Cannot be used in type D soils.
6. InfIltration areas must be fenced or otherwise protected from disturbance before the land
disturbing activity starts.
7. Volume control amounts may be waived by the city or the VRWJPO for sites with
predominately type C and D soils, or where a shallow water table prevents construction of
infiltration systems, provided the following are met in order of decreasing preference:
(a) Credits and site design practices to minimize the creation of connected impervious
surfaces are used to the extent practical.
(b) Underdrains are used to promote filtration instead of infIltration.
40
117
8. Vegetation used in conjunction with inflltration systems must be tolerant of urban
pollutants, and the range of soil moisture conditions anticipated. (Ord. 009-604. 3-16-
2009)
I:
(F) Drainage Alteration:
, ,
i
i
I:
1. Outlets from landlocked basins with a tributary drainage area of one hundred (100) acres or
more will be allowed, provided such outlets are consistent with other portions of these
standards, state and federal regulations, and the downstream impacts, riparian impacts, and
habitat impacts of such outlets have been analyzed and no detrimental impacts result. The
analysis and detelmination of detrimental impacts shall:
I
I.
I:
I'
I
I
I:
I
I:
I
I
I
II
I'
I'
I
(a) Use a hydrograph method based on sound hydrologic theory to analyze runoff for the
design or analysis of flows and water levels;
(b) Ensure a hydrologic regime consistent with the peak runoff rate control criteria and the
runoff volume control criteria of these standards;
(c) Ensure the outlet does not create adverse downstream flooding or water quality
conditions, or materially affect stability of downstream major waterways;
(d) Maintain dead storage within the basin to the extent possible while preventing damage
to property adjacent to the basin;
( e) Ensure that the low floors of new structures adjacent to the basin are set consistent with
the floodplain alterations standards; and
(t) Ensure that proposed development tributary to the landlocked basin has incorporated
runoff volume control practices to the extent practical.
2. Artificial drainage, flow obstruction, and diversions involving waterways, public waters,
public water wetland, wetlands with drainage areas of six hundred forty (640) acres or more
will be allowed provided such alterations or diversions are consistent with other portions of
these standards, state and federal regulations. and the downstream impacts, riparian impacts
and habitat impacts of such alterations or diversions have been analyzed and no detrimental
impacts result. Proposals for drainage alterations and diversions shall demonstrate that:
(a) There is a reasonable necessity for such drainage alteration or diversion to improve or
protect human health and safety, or to improve or protect aquatic resources;
(b) Reasonable care has been taken to avoid unnecessary injury to upstream and
downstream land;
(c) The utility or benefit accruing to the land on which the drainage will be altered
reasonably outweighs the gravity of the harm resulting to the land receiving the burden;
and
(d) The drainage alteration 01' diversion is being accomplished by reasonably improving
and aiding the normal and natural system of drainage according to its reasonable
41
118
carrying capacity, or in the absence of a practicable natural drain, a reasonable and
feasible artificial drainage system is being adopted.
3. Drainage alterations, diversions, and landlocked basin outlets shall be provided with stable
channels and outfall. (Ord. 008-594, 12-1-2008)
SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication
according to law.
ADOPTED this 18th day of October 2010, by the City Council ofthe City of Farmington.
CITY OF FARMINGTON
By:
~~
Todd Larson, Mayor
ATTEST:
By:)f~ lI:Aa~
Lisa Shadick, Administrative Services Director/
Deputy City Clerk
SEAL
Approved as to form th~ day o~. , 2010.
B9'~-~
Joel Jamnik, City Attorney
Published in the Farmington Independent the~l,day of tf/~;"-.e , 2010.
42
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 010-629
AN ORDIANCE AMENDING SECTIONS 10-5-25, 10-6-17, 10-6-18, AND
11-4-7 OF THE FARMINGTON CITY CODE, CONCERNING FLOODPLAIN
OVERLAY DISTRICT, WETLAND STANDARDS, SHORELAND MANAGEMENT
REGULATIONS AND STORM DRAINAGE, RESPECTIVLEY
NOTICE IS HEREBY GIVEN that on October 18.2010, Ordinance No. 010-629 was adopted
by the City Council of the City of Farmington, Minnesota.
NOTICE IS FURmER GIVEN that because of the lengthy nature of Ordinance No.
010-629, the following summary of the ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that Section 10-5-25, 10-6-17, 10-6-18 and 11-4-7 amendments
change the city's zoning regulations regarding the floodplain overlay district, wetland standards, shoreland
management regulations, and storm drainage. The updates are to reflect amendments to the Vermillion
River Watershed Standards that were approved on May 27,2010. The changes are being made to ensure
consistency with watershed standards as approved by the Vermillion River Watershed JPO.
While many of the changes are technical and non-substantive in nature, the changes remove the Wetland
Conservation Act (WCA) exemption for agricultural properties enrolled in the Federal Farm Program. The
amendments also require that runoff rates for proposed activities and development apply the land cover
conditions that existed in 2005 as the baseline for existing conditions in runoff calculations. Additionally,
the amendments require the city to adopt the numerical flow standards within the Vermillion River
Watershed Joint Powers Organization Hydrological Model of2009.
A printed copy of the whole ordinance is available for inspection by any person during the City's
regular office hours. The ordinance is also available on the city's internet home page.
APPROVED for publication by the City Council ofthe City of Farmington this 18th day of
October, 2010.
CITY OF FARMINGTON
BY:'~~
By:f6:f5/IM~~
Lisa Shadick, Administrative Services
Director/Deputy City Clerk
Approved as to form this~ day of
Published in the Farmington Independent the ~ccj'...JJJ day of ((i'~ /~. ~"'-" . 20 I O.
City of Farmington
430 Third Street, Farmington, MN 55024
(651) 280-6800 Fax (651) 280-6899
www.ci.farmington.mn.us
/017
TO: Mayor, Councilmembers, City Administrator
FROM: Kevin Schorzman, P .E., City Engineer
SUBJECT: Approve Pay Estimate #2-Pilot Knob Trail Extension Project
DATE: October 18, 2010
INTRODUCTIONIDISCUSSION
Contractor payments are typically included on the list of bills received by Council. Once Council
approves the list of bills, the payments are sent to the contractors. I did not forward the attached pay
estimate to Finance prior to the generation of the list of bills included in this meeting's packet. To
avoid a two-week delay in payment to the contractor. for reasons that are beyond the contractor's
control, this item is being forwarded to Council for consideration.
BUDGET IMP ACT
The amount of this payment is included in the project budget.
ACTION REOUESTED
By motion. approve Pay Estimate #2 for the Pilot Knob Trail Extension Project in the amount of
$134,478.82.
Respectfully Submitted,
;t:~..
Kevin Schorzman, P .E.
City Engineer
cc: file
-- -- - - -- - -.-.---
'"'
~.....".~'..:'.'...'''..'
! ~.~lP,;
f.-....... '. ......'...~'~.'...
'It'. '~'l(,
. ., --.' ...,
CITY OF FARMINGTON
430 Third Street
Farmington, MN 55024
Project 1()"02 - Pilot Knob Trail
Pay Request No.2
Contractor:
Minnesota Dirt Works, Inc.
321 9th Avenue NE
Lonsdale, MN 55057
Contract No.
Vendor No.
For Period:
Warrant #
NA
09/1112010 -10/0812010
Date
Contract Amounts
Original Contract
Contract Changes
Revised Contract
Work Certified To Date
Base Bid Items
Change Orders
Backsheets
Supplemental Agreements
Work Orders
Material On Hand
Total
$260,462.20
($1,450.58)
. $259,011.62
Funds Encumbered
Original
Additional
Total
$260,462.20
$0.00
$260,462.20
$198,469.87
$0.00
($1,850.58)
$0.00
$2,416.00
$0.00
$199,035.29
..
Work Certified Work Certified Less Amount Less Previous Amount Paid Total Amount
This Request To Date Retained Payments This Request Paid To Date
10-02 $141,556.65 $199,035.29 $9,951.76 $54,604.71 -$134,478.82 $189,083.53
Percent Retained: 5% Percent Complete: 76%
Amount Paid This Pay Request $134,478.82
This is to certify that the items of work shown in this certificate of Pay Request have been actually furnished for
the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved.
7 ~.. Approved By M" at Works.lnc.
/;~ ~
County/CitylProject Engineer
//1-/9 -- /tJ
Date
JD.- ,I-If)
Date
///;
City of Farmington
430 Third Street, Farmington, MN 55024
(651) 280-6800 Fax (651) 280-6899
www.ci.farmington.mn.us
TO: Mayor, Councilmembers. City Administrator
FROM: Kevin Schorzman, P.E., City Engineer
SUBJECT: Jurisdictional Change Request-19Sthl190th Street
DATE: October 18,2010
INTRODUCTIONIDISCUSSION
When the 19Sth Street project was undertaken, the joint powers agreement (JPA) between the City
and Dakota County indicated that the County would take over jurisdiction of the roadway by a
separate agreement in the future. The County has indicated a willingness to assume jurisdiction of
the roadway and part of the jurisdictional change process requires that the City formally request the
change. The attached resolution requests this change, and authorizes the transfer of right-of-way for
the roadway to the County. The County Board will take action on this item at the November 2,2010
County Board meeting.
BUDGET IMPACT
None.
ACTION REQUESTED
Adopt the attached resolution requesting the County take over jurisdiction of this roadway, and
authorizing the necessary right-of-way transfers from the City to the County.
Respectfully Submitted,
~~
Kevin Schorzman, P .E.
City Engineer
cc: file
RESOLUTION NO. R60-10
,;1"'~..
!,J FI
f~~.~,v'
REQUESTING DAKOTA COUNTY ASSUME JURISDICTION OF
195TH/190TH STREET FROM AKIN ROAD TO TRUNK HIGHWAY 3
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 18th day of
October, 2010 at 7:00 p.m.
Members present:
Members absent:
Larson, Donnelly, Fogarty, May. Wilson
None
Member Fogarty introduced and Member Donnelly seconded the following resolution:
WHEREAS, on May 20, 2003 (Resolution No. 02-285). the Dakota County Board of
Commissioners adopted the East West Corridor Preservation Study, which defined the general
location of three new County roadways. The study identified the 195th Street/190th Street
alignment through the City of Farmington as a future County Minor Arterial route. This
alignment serves the transportation needs across multiple local jurisdictions including
Farmington, Empire Township and the City of Lakeville by eventually connecting Interstate 35
to TH 3; and
WHEREAS, the City of Farmington has constructed two lanes of the roadway and obtained
right of way for a future four-lane divided roadway section. The construction project included a
bridge crossing over North Creek (a tributary of the Vermillion River) and the Canadian Pacific
Railroad lines; and
WHEREAS, the City of Farmington has completed construction of the 195th/190th Street
extension as set forth in the Joint Powers Agreement No. 7018, entered into between the City of
Farmington and Dakota County. The City now requests that Dakota County assume
jurisdictional control of this roadway and designate the roadway as a County Road; and
WHEREAS, Minnesota Statute ~ 163 .11, subd. 1. grants that County highways may be
established by resolution of the County Board.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON,
MINNESOTA:
1. The City of Farmington requests Dakota County to assume jurisdictional control of 190th
Street & 195th Street between Akin Road and Trunk Highway 3, designating it as a
County Road.
2. The City of Farmington is requesting that the Dakota County Board designate County
Road status for a portion of 19Sth Street & 190th Street as follows:
That portion of 19Sth Street West located in Section 24. Township 114
North, Range 20 West and Section 19, Township 119 North. Range 19
West. Dakota County Minnesota, lying easterly, northeasterly and easterly
of the following described line: Beginning at a point approximately 1620
feet east of the West Quarter comer of Section 24. Township 114 North,
Range 20 West at the junction of Akin Road in Farmington; thence
easterly, northeasterly. easterly along 19Sth Street West through said
Section 24. Township 114 North, Range 20 West and Section 19.
Township 114 North. Range 19 West to the westerly junction of Trunk
Highway No. 3/Chippendale Avenue in the city of Farmington.
Minnesota and said line there terminating.
3. Farmington requests that the County of Dakota enter into a Quit Claim Deed for release
of the city owned Right of Way.
4. The Mayor and/or City Administrator are authorized to execute those documents
necessary for the transfer of the jurisdiction of the portion of 19Sth/190th Street described
above from the City of Farmington to Dakota County.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
18th day of October, 2010.
~~~
ayor
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Attested to the !XI day of October, 2010.
~AM~
~ inistrative Services Director/
Deputy City Clerk
SEAL