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HomeMy WebLinkAbout11.20.00 Council Packet COUNCIL MEETING REGULAR November 20, 2000 Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS (Open for Audience Comments) a) Traffic Concerns - l8ih Street and Elgin Avenue Information Received 7. CONSENT AGENDA a) Approve Council Minutes (11/6/00) (Regular) (11/8/00) (Special) b) Capital Outlay - Administration c) Consider Adoption 2001 - 2005 CIP d) Various City License Renewals e) Approve Bills Approved 11/6100 11/8/00 Tabled to 12/4/00 Information Received Adopted Approved Approved 8. PUBLIC HEARINGS a) Consider Certification of Delinquent Municipal Utilities R94-00 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Conveyance of Tax Forfeited Property b) Consider Proposed Adult Entertainment Ordinance - Discussion c) Developer Request for Public Improvement - Sanitary Sewer d) Flagstaff Citizen Petition - Process Issues Continued to 12/4/00 Continued to 12/4/00 Continued to J 2/4/00 Information Received 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Consider Resolution - 2000 Budget Reappropriations R95-00 13. COUNCIL ROUNDTABLE a) Sales Tax Exemption Legislation (verbal) Information Received '4. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers, City Administrator~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Traffic Concerns - 1 87th Street and Elgin Avenue DATE: November 20,2000 INTRODUCTION At the October 2nd meeting, two residents forwarded traffic related concerns to the City Council regarding the intersection of 187th Street and Elgin Avenue. DISCUSSION The City's traffic engineer has reviewed the subject intersection (see attached memo). Based on this review, warrants are not met for all-way stop control at the intersection. The current stop control at the intersection adequately addresses the sight distance conditions, and is consistent with City street function and traffic movement standards. The Police Department performed a traffic survey to review speeds and turning movements at the intersection and the memo discussing the results is included as part of this agenda item. BUDGET IMPACT None. RECOMMENDATION Based on the review of the intersection, it is recommended that no modifications be made to the intersection control at the intersection of 187th and Elgin. "Cross does not stop" signs could be added below the existing stop signs on Elgin. It is further recommended that the intersection be monitored on an on-going basis so that issues can be addressed as they arise. Respectfully submitted, ~)11~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Ken LaBeau, 5317 187th Street Mike Cavanaugh, 5316 187th Street Scott Thomas, 5382 1 87th Street Memo Project Name: Intersection Review Client: City of Farmington .11. Bonestroo II Rosene 'W\1I Anderiik & 1\11 Assodates Engineers & ArchItects To: Lee Mann File No: 141-98-000 From: Bryant Ficek & Shelly Johnson Date: 11/02/00 Re: Stop Sign Request, 18ih Street West and Elgin Avenue Pursuant to your request, we have conducted an intersection review at the above referenced intersection in Farmington. The following provides the findings and conclusions of our investigation. FindinflS The data received from the traffic counters that were placed in the intersection appears to indicate the following approach volumes for an average weekday: Elgin - Northbound Approach - 68 vehicles/day Elgin - Southbound Approach - 42 vehicles/day 187th - Eastbound Approach - 484 vehicles/day 18ih - Westbound Approach - 356 vehicles/day The east-west 18ih Street West creates a four-legged intersection with the north-south Elgin Avenue. Currently, the intersection is controlled by two-way stop signs on Elgin Avenue. In this area, Elgin Avenue spans only about three blocks with two other intersections. To the east, 187th Street West is stop sign controlled in one block at the intersection with Embers Avenue, a minor collector roadway. To the west, 18ih Street West is stop sign controlled in about two blocks at the intersection with CSAH 31 (Pilot Knob Road), a minor arterial roadway. The south leg on Elgin Avenue slopes upward away from the intersection. The southeast and southwest corner lots also have slopes in the yards. This elevation increase, along with the trees and houses around the intersection, creates sight distance problems for two approaches. The northbound sight distance is limited to the east and west and the westbound sight distance is limited to the south due to those items. Another factor that could limit sight distance for any and all approaches is the presence of parked vehicles in the driveways closest to the intersection. Recommendations We recommend keeping the current stop sign control on Elgin A venue at this intersection for the following reasons: · The vehicular volumes do not warrant the installation of all-way stop control. Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 Lee Mann -2- November 2, 2000 · Both northbound and southbound traffic on Elgin A venue have much better sight distance from a stopped position at the intersection. The stop signs give these approaches the best view of east-west traffic before completing their movement through the intersections. . · The major street should have right-of-way over the minor street. 187th Street West appears to be the major street compared to Elgin Avenue due to its length and connections to a minor arterial and minor collector. In addition, the northbound and southbound approaches should be examined periodically to ensure the stop signs can be seen a good distance from the intersection to give motorists ample time to stop. A sign could also be added below the stop signs on Elgin Avenue stating that cross street traffic does not stop. This added warning would aid motorists and other users of the roadway of the control conditions at the intersection. Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36 + St. Paul, MN 55113 + Phone: 651-636-4600 + Fax: 651-636-1311 City of Farmington 3:25 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cl.farmington.mn.us TO: Mayor, Councilmembers and City Administrator1t-' FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Traffic Study 1 87th St and Elgin Ave DATE: November 20,2000 INTRODUCTION As part of the traffic study ordered at the intersection of 1 87th St and Elgin Ave the Police Department conducted an additional survey to review speeds and turning movements at the intersection. DISCUSSION In order to minimize the affect of a police presence on traffic a completely unmarked vehicle was used to conduct this survey. Due to the use of this vehicle no enforcement was possible. A Community Service Officer was posted near the intersection, for periods of up to one hour, during the peak traffic hours for 6 days. During that time a total of 412 vehicles were observed. The parameters of the study included the follwing: . Direction of travel. . Turning movements at the intersection. . Speed at the intersection. The study revealed that 87.6% of all traffic passed through the intersection travelling either east or west. 12.4% of the traffic turned at the intersection or went through north and south. Staff did note that a significant number of vehicles (24%) travel in excess of the legal speed limit but only a small percentage (2.6% or 11 vehicles) traveled at a speed that would be considered ticketable, that is 6 MPH or more over the speed limit. The survey also noted license plate numbers of those violators and observed that a few vehicles were repeatedly responsible for most of the violations observed. These violators have been sent warning letters regarding their driving behavior. Although it was not an intended component of the survey the Community Service Officer also observed that vehicles tended to drive faster midway between English Ave and Elgin Ave than they do at either intersection. This may be attributed largely, but not entirely, to eastbound traffic coming off Pilot Knob Road. In addition to those issues studied in the traffic survey staff has been asked to address the issue of accidents and near accidents at Elgin Ave. Concerns were raised that children use the hill on Elgin as a recreational area with bikes, roller blades, skateboards and scooters. The concern was raised that these children can't or don't stop for the posted stop sign and go through the intersection fast enough to hit the opposite curb and fly into an adjacent yard. It is staff opinion that the accident that occurred at this intersection was more closely related to the violation of the Elgin Ave stop sign than to traffic travelling on 187th St. It should be noted that according to witnesses, speed was not an issue in the accident. Since this accident was dependent on the coincidental location of a vehicle in the intersection when an uncontrolled stop sign violation occurred, the installation of a stop sign on I 87th St would not necessarily prevent such accidents from occurring in the future. Respectfully submitted, CS) Daniel M. Siebenaler Chief of Police ? Cl.J COUNCIL MINUTES REGULAR November 6, 2000 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan Verch City Attorney Jarnnik, City Administrator Erar, City Management Team 4. APPROYEAGENDA MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Traffic Concerns - 187th Street and Elgin Avenue This item was continued to the November 20,2000 Council Meeting. 7. CONSENT AGENDA Councilmember Soderberg requested item 7a) Council Minutes (10/16/00) (Regular) be pulled for clarification on item lOa). The original motion was for gross receipts to be 60% attributable to food and Councilmember Soderberg had amended the motion for gross receipts to be 70% attributable to food. MOTION by Soderberg, second by Strachan approving Council Minutes (10/16/00) (Regular) with clarification. APIF, MOTION CARRIED. MOTION by Strachan, second by Cordes to approve the Consent Agenda as follows: b) Acknowledged Retirement - Parks and Recreation c) Received Information AMM 2001 Policy Priorities d) Authorized Engagement of Audit Firm - 12/31/00 Audit e) Approved Capital Outlay - Administration t) Received Information Capital Outlay - Parks and Recreation g) Received Information Capital Outlay - Storm Water Utility Fund h) Received Information MN Department of Health - Routine Water System Inspection i) Received Information Neighborhood Watch Signs - Riverside Estates j) Approved SKB Yard Waste Facility - Assignment of the Addendum to Contract k) Approved Bills APIF, MOTION CARRIED. Council Minutes (Regular) November 6, 2000 Page 2 8. PUBLIC HEARINGS a) Approve Various Licenses and Permits This Public Hearing was held to renew On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, On-Sale Wine, Club Licenses, and Saunas and Therapeutic Massage Licenses. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Cordes to approve the 2001 On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Wine, Club and Therapeutic Massage Licenses for the businesses requested. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Acknowledge Receipt Traffic Control Information Pamphlet Over the last several years the City has received resident inquiries regarding the need for additional stop signs at various intersections. Councilmember Strachan suggested that the City produce an informational pamphlet on the proper role of stop signs and explain how citizen requests are handled and evaluated by the City. Council was very pleased with the pamphlet and acknowledged receipt. b) Consider City Participation - Dakota County Criminal Justice Information Integration Network Dakota County and Cities in Dakota County have been leading an effort to design and develop a new criminal justice information system model for sharing information between law enforcement agencies within Dakota County. Criminal justice agencies at all levels of government would be able to eliminate redundant data entry, standardize terms, policies, and data elements, and use technology to eliminate many paper processes currently used to slowly transmit data between criminal justice agencies. The City has been asked to contribute $888 to the effort. Funding would come from the Public Communications Project Fund. MOTION by Strachan, second by Cordes authorizing City funding participation in the Dakota County Criminal Justice Information Integration Network. APIF, MOTION CARRIED. c) Consider Farmington Lutheran Church MUSA Designation Request The City received a formal request for MUSA designation for 17.7 acres along the east side of Akin Road north of208th Street. In December of 1999, Farmington Lutheran Church and Bernard Murphy received approval of a zone change from C-l (Conservation) and A-I (Agriculture) to R-l (Low Density Residential) to facilitate the development of a new church on the property. The church is requesting MUSA designation for the property prior to proceeding with the preparation of detailed plans and specifications until the MUSA designation was certain. Church and school sites were exempted from the recently approved 12 month MUSA designation postponement. Councilmember Soderberg questioned Council Minutes (Regular) November 6,2000 Page 3 what looked like a street along the south side, if that is a street or a driveway to access the property. Staff replied it has the potential of becoming a street. Mr. Leon Orr, representing Farmington Lutheran Church, stated the entrance to the south is intended to be a public street. Mr. Murphy is aware of this and has agreed to pay for any oversizing of sewer and water lines to the east and to pay for half of the street. As far as the north entry/exit, they would like a second entrance on Akin Road. MOTION by Cordes, second by Soderberg approving MUSA designation for up to 17.66 acres of the Farmington Lutheran Church property located on the east side of Akin Road. APIF, MOTION CARRIED. d) Consider Resolution - Livable Communities Act Participation The City Council is required to adopt a resolution if it wishes to participate in the Metropolitan Livable Communities Act Local Housing Incentives Account in 2001. By participating the City agrees to establish affordable and life cycle housing goals. Participation allows the City to be eligible for possible funding for projects under the Tax Base Revitalization Account, the Livable Communities demonstration Account, and the Local Housing Incentives Account. The City HRA recently received a grant in the amount of $85,030 under the Tax Base Revitalization Account to assist in the cleanup of the Elm Park Landfill area north of City Center. MOTION by Soderberg, second by Strachan to adopt RESOLUTION R91-00 authorizing continued participation in the Livable Communities Act Local Housing Incentives Account for the year 2001. APIF, MOTION CARRIED. e) Consider Ordinance - Rezoning of Donnelly Property for ISD 192 Farmington School District #192 has entered into an agreement to purchase 60 acres from Robert Donnelly, Jr. between 190th Street and 195th Street adjacent to the Troyhills neighborhood. The property is currently in the Agricultural Preserve Program and zoned A-2 (Agriculture Preserve). The Donnelly's are seeking to rezone the property to R-l (Low Density Residential) to allow for construction of the proposed elementary school. A Conditional Use Permit would be required for the school and will be applied for at a later date. Water and sewer access is available within the Troyhills development until a trunk sewer facility is extended from its current location south of the Charleswood development. The School Board has recently sought to remove the parcel from Agricultural Preserve through an eminent domain acquisition process. If no comment or objection is made within 60 days the property can have the Agriculture Preserve status removed. MOTION by Soderberg, second by Cordes to adopt ORDINANCE 000-456 to rezone the Donnelly property from A-2 (Agricultural Preserve District) to R-l (Low Density District) following the designated land use indicated within the 2020 Comprehensive Plan. APIF, MOTION CARRIED. t) 2000 CIP Project - Town's Edge Water Main The Town's Edge Water Main Project was included in the 2000 CIP and would provide for a hydrant for the Farmington Mall. Mr. Adelman, the property owner, Council Minutes (Regular) November 6, 2000 Page 4 has indicated that he will construct the necessary improvements and consequently will not need City project assistance. The project responsibility has shifted to the property owner and will be removed from the City's CIP. The hydrants will be available to be used by the City for fire prevention services. g) 2000 Community Development Block Grant (CDBG) The Dakota County HRA provided the City with the Sub grantee Agreement for the 2000 CDBG application that was submitted earlier this year. The Council authorized the submittal of the 2000 CDBO application in the amount of$54,715 in January. The activities to be funded are: One half of the cost of salary and benefits for the Senior Center Coordinator position Redevelopment of the Elm Park Landfill north of City Center $25,000 $29,715 MOTION by Strachan, second by Soderberg approving the 2000 CDBG Subgrantee Agreement with the Dakota County HRA. APIF, MOTION CARRIED. h) People's Natural Gas Company Rate Increase Request The City has received notification from the Minnesota Public Utilities commission advising counties and municipalities of a utility rate increase request from People's Natural Gas Company. Residential rates would increase by 8.1% annually and commercial/industrial rates would increase by 9% for a customer whose usage is under 1500 ccf/year and 6.1 % for customers whose usage is greater than 1500 ccf/year. 11. UNFINISHED BUSINESS a) Consider Resolution - Glenview Townhomes Development Contract Addendum The developer of Glenview Townhomes was limited to constructing 45 townhome units as described in the original Development Contract until either the Frontage Road was completed or a surety was provided for the full cost of the frontage road project. The planning and design of the new Frontage Road has taken longer than originally expected. The Frontage Road improvements should be completed by July 1, 2001. The developer will exceed 45 units with the next building permit issued in Glenview. The Developer will continue to pay $1,000 per unit for every additional permit issued to be held in escrow for the Developer's portion of the Frontage Road improvement costs. MOTION by Soderberg, second by Strachan adopting RESOLUTION R92-00 approving the addendum to the development contract for the Glenview Townhomes development that would allow for the additional building permits beyond the original 45 units to be issued prior to completion ofthe Frontage Road project. APIF, MOTION CARRIED. 12. NEW BUSINESS Council Minutes (Regular) November 6, 2000 Page 5 13. COUNCIL ROUNDTABLE a) Sales Tax Exemption Legislation - Public Facilities (verbal) This item was tabled to the November 20, 2000 Council Meeting. Councilmember Soderberg: Next Sunday the Farmington High School Seniors are hosting an omelette breakfast. Funds will be used for a Senior class party. City Administrator Erar: There will be a Council Workshop following the Canvassing Board on November 8, 2000. The Ash Street Workshop will be held November 13, 2000. Thursday morning there will be a meeting with the Dakota County Fair Board to look at drainage issues. Finance Director Roland: Staff received notice from the National Government Finance Officers that the City has received the Distinguished Budget Award for the third year in a row for the 2000 Budget document. Community Development Director Olson: Along Hwy 50- in the Industrial Park there will soon be a temporary banner sponsored by numerous employers and the Chamber of Commerce promoting employment availability. Mayor Ristow: Received a petition from Elayne Donnelly signed by residents along Flagstaff A venue requesting improvement of the condition of Flagstaff A venue. Council accepted the petition and staff will bring a response to Council at the December 4, 2000 Council Meeting. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:10 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ '/>/c ~ d~ 7/~l--~6<Z/ ~ ~ /~?2--J C Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7b TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Capital Outlay Purchase - Administration Department DATE: November 20,2000 INTRODUCTION A proposal has been received from Sterling Codifiers regarding the City's purchase of software that would electronically convert the City Code, and would allow access and retrieval services through the internet. DISCUSSION Folio Views is a high performance software tool designed to allow Council, residents and staff with the ability to access the City Code electronically. The electronic conversion of the City Code would transform hard text into a database and allow users to conduct searches and various other operations in a more efficient and cost-effective manner. The program will be linked to the City's website and should prove to be a highly useful community resource. Code updates will continue to be received as hard copies and in electronic form. BUDGET IMPACT The cost of the software is $2500.00 and is included in the 2000 budget. ACTION REQUESTED For information only. Respectfully submitted, (~~~ Karen Finstuen Administrative Services Manager City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ~ TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Adopt 2001-2005 Capital Improvement Plan DATE: November 20, 2000 INTRODUCTION At the recent Council Workshop held on November 8,2000, Council reviewed the proposed 2001-2005 Capital Improvement Plan. DISCUSSION Pursuant to Council review and direction, one modification was made to the proposed 2001-2005 Capital Improvement Plan (CIP) as presented and resulted in shifting a 2001 Public Works project to the year 2002. Consequently, the revised document is in the process of being finalized for publication, and will be presented to Council at the meeting this evening. As discussed with Council, the public facilities planning process is well under way and remains on schedule. A progress report on the Public Facilities Project will be presented to Council on December 4, 2000. All other projects listed for the year 2001, upon final Council adoption, are subject to the CIP Project Development Plan and Authorization Schedule process. As indicated at the workshop, Council adoption of the 2001-2005 CIP will automatically result in the initiation of project feasibility studies for all 2001 public improvements as appropriate. BUDGET IMPACT Planned expenditures are subject to individual review and approval by Council as noted in the CIP document. ACTION REOUESTED Adopt the 2001-2005 Capital Improvement Plan as previously presented and discussed at the Council Workshop. Respectfully submitted, J hn F. Erar ity Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c1 TO: Mayor, Councilmembers and City Administrat0l1~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Various City License Renewals DATE: November 20, 2000 INTRODUCTION City Ordinance 3-2-5 states that the Council has the authority to approve both On-Sale and Off- Sale Beer Licenses; Ordinance 3-25-7 regulates the granting of licenses for Billiard Halls; Ordinance 3-7-3 regulates the granting of Cigarette Licenses; Gaming Device Licenses are renewed by the City Council after application has been made in accordance with Ordinance 3- 16-2. DISCUSSION The following establishments have submitted their applications for renewal: Beer On-Sale - Beer Off-Sale - B & B Pizza, 216 Elm Street Tom Thumb Superette, 22280 Chippendale Budget Mart, 705 8th Street K wik Trip, 217 Elm Street Super America, 18520 Pilot Knob Road Farmington Lanes, 27 5th Street Farmington Billiards, 933 8th Street B&B Pizza, 216 Elm Street Farmington Civic Arena, 114 W. Spruce Street Farmington Billiards, 933 8th Street Gaming Device License - Billiard License - Cigarette License - Longbranch Saloon & Eatery, 309 3rd Street Farmington Lanes, 27 5th Street American Lefion, 10 North 8th Street VFW, 421 3r Street Farmington Eagles Club, 200 3rd Street Farmington Municipal Liquor Stores, 18320 Pilot Knob Road Farmington Municipal Liquor Stores, 305 3rd Street Farmington Conoco, 957 8th Street Econo Foods, 115 Elm Street Tom Thumb, 22280 Chippendale Blvd K wik Trip, 217 Elm Street Budget Mart, 705 8th Street Budget Mart, 18266 Pilot Knob Road Speedway SuperAmerica, 18520 Pilot Knob Road The appropriate forms, fees and insurance information have been submitted with the applications. Police Chief Dan Siebenaler has reviewed the forms and approved the applications for issuance. BUDGET IMPACT The fees collected are as proposed in the revenue portion of the budget. ACTION REOUESTED Approve Licenses for the above mentioned applicants. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager ~a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us FROM: Mayor, Council members, City Administrator~ Robin Roland, Finance Director TO: SUBJECT: Consider Resolution - Certification of Delinquent Municipal Services to 2001 Tax Rolls DATE: November 20, 2000 INTRODUCTION The City's municipal services (utilities) experience delinquent accounts similar to private enterprises. DISCUSSION Minnesota State Statutes 444.075 grants municipalities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. This statute provides the City with the ability to collect unpaid accounts without incurring significant administrative costs. All property owners with delinquent utility bills (over 90 days overdue) were mailed notices and may pay their delinquent amount by December 1, 2000 to avoid certification. The notice advised delinquent utility customers that the City Council would consider this item on November 20, 2000 at a public hearing. BUDGET IMPACT At the time of notice, 342 accounts in the total amount of $129,118.38 were outstanding. Payments have been received and applied to account balances in the interim. Only those accounts with delinquent balances remaining after December 1, 2000 would be certified to the tax rolls as a one-year special assessment. ACTION REQUIRED Adopt the attached resolution certifying the delinquent accounts as special assessments to the 2001 taxes of the appropriate properties. ~~~ Finance Director PROPOSED RESOLUTION R - 00 CERTIFYING DELINQUENT MUNICIPAL SERVICE ACCOUNTS TO THE DAKOTA COUNTY TREASURER/AUDITOR Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Civic Center of said City on the 20th day of November 2000 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City has provided sewer, water, storm water and solid waste removal services to users of the municipal utilities; and WHEREAS, the City has invoiced these users for the services and payment on some of these invoices is delinquent; and WHEREAS, Minnesota Statute 444.075 allows the City to certify charges associated with the 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 of eight (8.0) percent. This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day of November 2000. Mayor Clerk/Administrator Attested to the day of ,2000. f City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda . DATE: November 20, 2000 It is requested that the November 20, 2000 agenda be amended as follows: PETITIONS, REQUESTS AND COMMUNICATIONS 10 (a) Consider Resolution - Conveyance of Tax Forfeited Property There is a discrepancy between Dakota County and CP Railway as to whether this property should be considered tax forfeited. Staff requests this item be continued to the December 4, 2000 Council Meeting. 10 (c) Developer Request for Public Improvement - Sanitary Sewer Attached is a letter from the engineer for Mr. Jim Allen, requesting this item be continued until the December 4, 2000 Council Meeting as Mr. Allen is currently out of town. J hn Erar City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /o~ TO: Mayor and Councilmembers City Administrator FROM: David L. Olson Community Development Director SUBJECT: Consideration of Purchase Tax Forfeited Property DATE: November 20, 2000 INTRODUCTION The City received word late Friday, November 17, 2000 from CP Railway and Dakota County that there are questions as to whether this property should be considered tax forfeited. DISCUSSION There appears to be a discrepancy and/or disagreement between the County and CP Railway as to whether this property should have been tax exempt and thus not subject to becoming tax forfeited. For this reason, it is recommended that this item be continued to December 4, 2000 to allow for the County and CP Railway to resolve the tax status of the property . If it is determined that this property should have been tax exempt and thus is not tax forfeited, the matter would not be brought back to Council as there would be no action for the Council to consider. ACTION REOUESTED Continue this agenda item to the December 4, 2000 City Council meeting- Respect IY? L David L. Olson Community Development Director cc: Steve Finden, Dakota County Lumber Ernie Darflinger, HRA Attorney City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O~ TO: Mayor and Councilmembers City Administrator FROM: David L. Olson Community Development Director SUBJECT: Developer Request for Public Improvement - Sanitary Sewer DATE: November 20, 2000 INTRODUCTION The City has received the attached letter today from the engineer for Jim Allen. DISCUSSION As the letter indicates, Mr. Allen is out of town and is requesting that this agenda item be tabled until the December 4, 2000 meeting. ACTION REOUESTED Continue this agenda item until the December 4, 2000 City Council meeting. Respectfully submitted, ~~ David L. Olson Community Development Director cc: James Allen, Bristol Development Corporation Nov-20-00 02:20P P.Ol WILLIAM R. ENGELHARDT ASSOCIATES, INC. e.o"gl"(rlll~ g'ILji'If!f!'fS MD 52.1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318-1008 (612) 44S-8838 November 20,2000 City of Farmington clo Mr. David Olson Community Development Director 325 Oak Street Farmington, MN, 55024 RE: Request for Extension of Trunk Sanitary Sewer Allen Propelty(lol'merly Neilan Property) Honorable Mayor and City Council Members: On behalf ofM!. Allen T request that the City ofFarminglon delay acting on the above referenced request until the December 4th meeting. Mr. Allen is out of state and wiJI be unable to attend tonight's meeting, Please conlaet me at (952) 448-8838 if you have any que!\tions ()r require additional information regarding this request. Sincerely, WILLIAM R. ENGELHARDT ASSOCIAT..:S, INC. Jf Stephen A. Albrecht ce, James Allen, Bristol Dcv, Corp. /O~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor and Councilmembers City Administrator ~ FROM: David L. Olson Community Development Director SUBJECT: Consideration of Purchase of Tax Forfeited Property DATE: November 20, 2000 INTRODUCTION The City has recently received notice of tax forfeited former railroad property located between 3rd Street and 5th Street north of Elm Street. DISCUSSION The City has recently received notice that the former railroad property as shown on the attached map has been forfeited to the State of Minnesota for non-payment of property taxes. The City has 90 days from the receipt of this notice to indicate whether it would request that it be conveyed to the City for public use. The 90 day period expires on December 21, 2000. The former railroad spur line property in question is located in the HRA Redevelopment Project Area that was expanded in 1990. This area has also been designated as an expansion of the Central Business District in the recently adopted Comprehensive Plan. As a result, this is an area in which commercial redevelopment will be encouraged in the future. The HRA reviewed this request at their November 13, 2000 meeting and recommended that the City Council submit an application to Dakota County and the State of Minnesota for the conveyance of this tax-forfeited parcel to the HRA for possible future redevelopment. It should also be noted that Dakota County Lumber has a track agreement for the spur line currently located on the now tax forfeited property. The owner of Dakota County Lumber has previously indicated that he planned to upgrade the spur line so as to allow for rail car deliveries of lumber. This would require work on the rails and replacement of a majority of the ties. No work has been completed to upgrade this spur line since the agreement was signed in July of 1998. If the property is conveyed to the HRA, this issue would have to be addressed by the HRA and Dakota County Lumber. BUDGET IMPACT The total back taxes owed on this parcel are $10,116.93. Depending on how the County treats this parcel in terms of its new policy on conveyance of tax forfeited property, the HRA would be asked to underwrite all or a portion of the back taxes owed on this parcel. It is anticipated that the HRA General Fund would be the responsible financial entity. ACTION REOUESTED Consider the attached resolution authorizing the submittal of an application to Dakota County and the State of Minnesota for the tax- forfeited property identified as Parcel 14- 77000-020-32 to be conveyed to the HRA and not sold at public auction. Respectfully submitted, D~~o~ ~ David L. Olson Community Development Director cc: HRA Chair and Board Ernie Darflinger, HRA Attorney Steve Finden, Dakota County Lumber RESOLUTION NO. R -00 AUTHORIZING APPLICATION FOR CONVEYANCE OF TAX FORFEITED LAND PARCEL 14-77000-020-32 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 20th day of November, 2000 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, pursuant to notification from Dakota County that Parcel 14-77000-020-32 located in the City of Farmington has been forfeited to the State of Minnesota for non-payment of property taxes; and, WHEREAS, said parcel is located in the Farmington Housing and Redevelopment Authority (HRA) Downtown Redevelopment Project Area as amended in 1990; and, WHEREAS, said parcel is located in an area identified in the 2020 Comprehensive Plan as an area to extend the Central Business District north to the Vermillion River; and WHEREAS, said property contains a former railroad spur line that diagonally intersects with public streets and results in irregularly configured parcels adjacent to said property; and, WHEREAS, the Farmington HRA has recommended to the City Council to seek conveyance of said property to the HRA for future redevelopment. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Administrator are hereby authorized and directed to sign the Application by a Governmental Subdivision for Conveyance of Tax-Forfeited Lands for an Authorized Public Use to convey Parcel 14-77000-020-32 to the Farmington Housing and Redevelopment Authority. This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day of November, 2000. Mayor Attested to the _ day of ,2000. City Administrator SEAL t.t.l z._ r- ~ (f) ~ r- r- ......J (f) (f) w w z - 0 z <( LO a... ~ I <( ~ (f) ~ () CI) C- O is HiS '- a.. "'C Ql e. CI) rlo ..... (/le. -eQl .- cO ~ l\l ....J (/l -e 0 0 0 u. LL -e (5 .2> >< ro CO :2 - I CO ..... 0 is Hit en CI) f/) c: Q) c: t Q) .- I c.. :E ze ..... ~a... - "'0 0 o Q) Q)=- CI) --Q) rot: ..... --0 CO (f)u. ..... >< C/) ro r- is O~8 P e 0 J I ! e ~, C] 'd 'Q .0 :J <3 (/l Ql C> l\l W e. .C: I- ~ ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /06 TO: Mayor and Councilmembers City Administrator~ FROM: David L. Olson Community Development Director SUBJECT: Proposed Ordinance - Adult Establishments DATE: November 20, 2000 INTRODUCTION Attached is a proposed ordinance that would replace the current interim ordinance to regulate sexually oriented adult businesses in the City of Farmington. DISCUSSION The attached ordinance attempts to regulate the location of sexually oriented adult establishments through zoning restrictions. The courts have indicated in previous legal decisions that because the First Amendment of the u.S. Constitution guarantees the right of free speech, cities cannot preclude this type of use from locating within a community. However, because of the documented adverse secondary effects that have resulted in cities in which these types of establishments exist, cities are allowed to establish through zoning ordinances definitions of what constitutes an adult establishment and where these types of establishments may locate within a community. Copies of studies that have been completed in other cities have documented the detrimental secondary effects of these types of businesses and are available for review upon request. Staff, with the assistance of Andrea Poehler, Assistant City Attorney, has recommended by way of the attached proposed ordinance, the manner in which these types of establishments can be regulated. Ms. Poehler has drafted similar ordinances for the cities of Lakeville and Burnsville. The area of the City being recommended for these types of establishments is the Light Industrial and future Business Park areas along County State Aid Highway (CSAH) 50 and County State Aid Highway 31 (Pilot Knob Road). This area is being recommended because of its distance from schools, churches, parks and other similar uses that are not compatible with this type of use. The Planning Commission reviewed this draft ordinance at its October 24, 2000 meeting as a discussion item and conducted a public hearing at its November 14,2000 meeting. The Planning Commission recommended adoption of the attached proposed ordinance and adopted the attached resolution in support of this recommendation on a 4-0 vote. , ACTION REOUESTED Review and discuss the proposed ordinance and schedule it for consideration of formal adoption at the December 4, 2000 meeting. Respectfully submitted, f)~~~ ~ CJfl~ David L. Olson Community Development Director cc: Andrea Poehler, Campbell and Knutson RESOLUTION NO. - 2000 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION ESTABLISHING FINDINGS OF FACT THAT ZONING REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE NECESSARY TO MINIMIZETHE SECONDARY ADVERSE EFFECTS OF SUCH BUSINESSES IN THE CITY OF FARMINGTON BE IT RESOLVED by the Planning Commission/City Council of the City of Farmington as follows: LEGAL BACKGROUND WHEREAS, the Farmington Planning Commission/City Council has been provided with background information on sexually oriented businesses which, in summary fashion, is as follows: 1. The United States Supreme Court in its decision of Young: v. American Mini Theaters, 106 S.Ct. 925 (1986) has held that sexually oriented businesses engaged in the offering of adult fare characterized by an emphasis on matter depicting specified sexual activities or anatomical areas may not be completely prohibited from doing business within cities by municipal ordinances. 2. The Supreme Court has further held that municipalities may regulate sexually oriented businesses with lawfully enacted content-neutral time, place and manner zoning and licensing ordinances if said regulations are not merely a pretext for completely prohibiting within a City sexually oriented businesses based on the content of the material being offered. 3. The Supreme Court has concluded that lawful content-neutral time, place and manner regulations may have as their focus the minimization of the adverse secondary effects on a community generated by the location and operation of a sexually oriented business within a community. Adverse secondary effects are defined as: a. Increased incidence of crime, b. Diminution of property values within the community and especially the values of those properties adjacent to or in close proximity to the sexually oriented business, and c. Increased risk for the spread of sexually transmitted diseases. 89634 FINDINGS OF FACT WHEREAS, based on the legal background referenced herein, the Farmington Planning Commission/City Council hereby makes the following Findings of Fact in connection with the regulation of sexually oriented businesses within the City. 1. That the Planning Commission/City Council has reviewed and considered all the material and unsworn testimony presented before it in connection with the regulation of sexually oriented businesses within the City. 2. The Planning Commission/City Council has reviewed and studied the "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses," dated June 6, 1989 referred to hereafter as the "Report." 3. The Report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. 4. The Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Work Group "* * * heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." 5. The Report concludes that sexually oriented businesses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses. 6. The Report concludes that residential neighborhoods located within close proximity to adult theaters, book stores, and other sexually oriented businesses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership. 7. The Report concludes the adverse impacts which sexually oriented businesses have on surrounding areas diminish as the distance from the sexually oriented businesses increases. 8. The Report concludes that studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of sexually oriented businesses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior. 9. The Report concludes that the Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses. 89634 89634 10. The Report concludes that many members of the public perceive areas within which sexually oriented businesses are located as less safe than other areas which do not have such uses. 11. The Report concludes that studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to sexually oriented businesses. 12. The Report concludes that the Indianapolis, Indiana study established that professional real estate appraisers believe that an adult book store would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. 13. The Planning Commission/City Council finds the characteristics ofParmington are sufficiently similar to those of the cities cited by the Reports when considering the effects of sexually oriented businesses and that the findings concerning the effects of sexually oriented businesses in other cities documented in the Reports are relevant to potential circumstances in the City ofParmington. 14. The Planning Commission/City Council finds, based upon the Report and the studies cited herein, that sexually oriented businesses have the potential for adverse secondary effects upon certain pre-existing land uses within the City of Farmington and that in reliance on data and conclusions made by the studies documented in the Report, it is not necessary for the City ofParmington to conduct its own independent study concerning the effects of sexually oriented businesses located within the City. 15. The City of Farmington is currently without any ordinance regulating the location of sexually oriented businesses within the City. 16. Pursuant to the United States Supreme Court case of City of Renton v. Playtime Theaters. Inc., 106 S.Ct. 925 (1988), and others, it is clear that a permanent total prohibition against sexually oriented businesses would be unconstitutional. 17. The City of Farmington is a balanced community with residential, commercial, and industrial uses. 18. The Planning Commission/City Council finds that the location of sexually oriented businesses within he City of Farmington will have a potentially detrimental effect on the City by unnecessarily lowering property values within the City if said establishments were located in inappropriate areas. 19. The Planning Commission/City Council finds that content-neutral time, place and manner restrictions that regulate the zoning of sexually oriented businesses are necessary in the City ofParmington to minimize the potential adverse secondary effects which will accompany the location and operation of said businesses within the City but that said regulations should be drafted in such a manner as to allow for reasonable opportunity to open and operate sexually oriented businesses within the City while minimizing the secondary adverse effects. RECOMMENDATION THEREFORE, BE IT RESOLVED that the Planning Commission/City Council hereby recommends the establishment of zoning controls which will serve to minimize the adverse secondary effects of sexually oriented businesses while providing said businesses a reasonable opportunity to locate and operate within the City of Farmington. ADOPTED by the Planning Commission of the City of Farmington, Dakota County, Minnesota, this day of ,2000. CITY OF FARMINGTON PLANNING COMMISSION ATTEST: , Chairperson Clerk ADOPTED by the City Council of the City of Farmington, Dakota County, Minnesota this day of ,2000. CITY OF FARMINGTON CITY COUNCIL ATTEST: Mayor Clerk 89634 ~liI> I<~ (")W"O(") cOO>C/) ~C2o)> CD C/) CD I ::J - ::t~s::W '<C"O>~ N~"O \20 g" (") CD)> C/) a. m )> 00> I .., "0 C1I _ 0 0> ::0 5 0 CD < a. ~ r "0 -. 0> to _ =r =r - :E ::J 0> a. '< c 0') ~ 0 .., 0 w. )> Om C1l 0> ~CJl ~ ~ 6 o o ciS" iii' "0 ~. C1l Sl Ul Ii> o < (ii" ~ "0 .2. C1l Sl . ;- c. c: $' a ill ~ OC/) (') 0> 0') CD o o ~ '" o o " CD CD - ~ _+z m w o ~ en)> CD .... ...CD O"D) D)en (")0 "CD oen ::tee. o::s enD) )>CD :J:Q. 010' 0.... QO)> OQ. en=- )>... :J:m ::s w ... ~CD -;:I. :::OD) CD -. en ::s -.3 Q.CD CD ::s ::s... ... -. m ~en '<'" D) NO" 0= ::s en CD::r Q.3 "'1JCD .... ::s 0'" -cen CD ~ ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, THE CITY'S ZONING ORDINANCE, BY MAKING PROVISIONS FOR THE OPPORTUNITY AS WELL AS THE CONTROL OF SEXUALLY ORIENTED BUSINESSES THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-1-4 of the Fannington City Code is amended to add the following definitions: SEXUALLY ORIENTED BUSINESS: 89405.03 Rev: 100/25/00 A sexually oriented arcade; sexually oriented bookstore, sexually oriented video store; sexually oriented cabaret; sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually oriented motel; sexually oriented motion picture theater; sexually oriented sauna; sexually oriented theater; escort agency; nude model studio; sexual encounter center; and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. A. SDecified Anatomical Area. Means any of the following: (1) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; (2) Human male genitals in a discernible turgid state, even if opaquely covered. B. SDecified Sexual Activities. Includes any of the following: , SEXUALLY ORIENTED BUSINESS - ACCESSORY: SEXUALLY ORIENTED BUSINESS - PRINCIPAL: 89405.03 Rev: 100/25/00 (I) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; or (4) Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above. The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of sexually oriented books or magazines, or the sale and/or rental of sexually oriented motion pictures. The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to the following: A. Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. B. Escort Aeencv. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. C. Establishment. Means and includes any of the following: (1) The opening or commencement of any sexually oriented business as a new business; , (2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (3) The addition of any sexually oriented business to any other existing sexually oriented business; or (4) The relocation of any sexually oriented business. D. Nude Model Studio. Any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. E. Nuditv or State of Nuditv. Nudity or State of Nudity is described as follows: (1) The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or (2) The state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. F . Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. G. Sexual Encounter Center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: 89405.03 Rev: I 00/25/00 (1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude. H. Sexuallv Oriented Arcade. Any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at anyone time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas". I. Sexuallv Oriented Bookstore. or Sexuallv Oriented Video Store. A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration anyone or more of the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or J. Sexuallv Oriented Cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features: (1) Persons who appear in a state of nudity; or (2) Live performances characterized by the which are exposure of 89405.03 Rev: 100/25/00 "specified anatomical areas" or by "specified sexual activities"; or (3) Films, motion pictures, video cassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas fl. K. Sexuallv Oriented Conversation/RaD Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". L. Sexuallv Oriented Massafle Parlor. A massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". M. Sexuallv Oriented Motel. A hotel, motel, or similar commercial establishment which: (1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this 89405.03 Rev: 1 00/25/00 adult type of photographic reproductions; or (2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or (3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. N. Sexuallv Oriented Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas". O. Sexuallv Oriented Sauna. A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heat bathing room used for the purpose of bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". P. Sexuallv Oriented Theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities". SECTION 2. Section 1O-3-2(G), (H) and (I) of the Farmington City Code is amended by adding Sexually Oriented Businesses - Accessory, as permitted uses. SECTION 3. Section 1O-3-2(K) of the Farmington City Code is amended by adding sexually oriented businesses, principal and accessory, as permitted uses. 89405.03 Rev: 100/25/00 SECTION 4. Title 10, Chapter 6 of the Farmington City Code is amended to add Section 10-6-23 as follows: 10-6-23: SEXUALLY ORIENTED BUSINESSES: (A) Purpose. The purpose of this section is to establish provisions for the opportunity as well as control of sexually oriented businesses within the City of Farmington. I i (B) General. Sexually oriented businesses as defined in this ordinance shall be subject to the following general provisions. 1. Activities classified as obscene as defined by Minn. Stat. ~ 617.241 are prohibited. 2. Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes. 3. Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, non-intoxicating malt liquor or wine. 4. A sexually oriented business which does not qualify as a sexually oriented business-accessory, shall be classified as a sexually oriented business- principal. (C) Sexually Oriented Business - Principal. 1. Sexually oriented business-principal shall be located at least three hundred (300) feet from County State Aid Highways 31 and 50 as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business-principal is located, to the right-of-way. 2. Sexually oriented business-principal shall be located at least three hundred (300) feet, as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business-principal is located, to the property line of: (a) Residentially zoned property. (b) Another sexually oriented business-principal. (c) Schools. 89405.03 Rev: I 00/25/00 (d) Churches. (e) Day cares. (f) Public library. (g) Public parks/trails. (h) On/off sale liquor establishments. 3. Sexually oriented business-principal activities, as defined by this ordinance, shall be classified as one use. No two (2) sexually oriented business-principal shall be located in the same building or upon the same property and each business shall be subject to subsections (C)(l) and (2) above. (D) Sexually Oriented Business - Accessorv. 1. Sexually oriented business-accessory shall: (a) Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located; provided that the maximum floor area used for sexually oriented business-accessory may not exceed 1,000 square feet. (b) Comprise no more than twenty percent (20%) of the gross receipts of the entire business operation. (c) Not involve or include any activity except the sale or rental of merchandise. 2. Sexually oriented business-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: (a) Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator. (b) Magazines. Publications classified or qualifying as sexually oriented shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. 89405.03 Rev: 100/25/00 3. Sexually oriented business-accessory activities, including sale or display of instruments, devices or paraphernalia which are used or designed for use in connection with specified sexual activities, shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. SECTION 5. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this City of Farmington. day of , 2000, by the City Council of the CITY OF FARMINGTON BY: Gerald Ristow, Mayor A TrEST: 89405.03 Rev: I 00/25/00 ~ Q) me. ...0 t: ~ Q)D.. E"O ..c::Q) .~ t: -0 .oN J9>. m- wca ...+:i t: c Q) Q) E:2 t: m .- Q) cuD:: ~- SM J: ct -en ~O ct~ ~o ~It) "OJ: Q)ct <<ien cO .~~ m 0 Q)~ Cu m cu cu.o ~G) cten . o o (II') C. t.lJ cu ~~ zT~ I ~ 19 Q) '0 c. ~ Q) .~ .!!l .l!.l u Q) "e- o. IJl 9> o o 9 ~ d, -0 Q) ro ~ u ..... Q) Q) LL o o <D l/l ro 0) ~ ro .;:: iii >- ::J ~ ~ .L: - ro .L: Q.. Ol ~ ~ o 0) ~ 2 o ro It) a:: I roL- <( 0)0 CJ) L- "C l> <(0) ~c ~C.UNO .,....roro M ~ B >- 0)- Ia;CJ)C ~ <(u_O) 1 CJ) L- 0 I::: .. l>roo::J Q..Ml> ~II _ ___,--=:l fOe, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us FROM: Mayor and Councilmembers City Administrato~ David L. Olson Community Development Director TO: SUBJECT: Request for Extension of Trunk Sanitary Sewer to the Allen Property (formerly the Neilan Property) DATE: November 20, 2000 INTRODUCTION The City received the attached letter from Stephen A. Albrecht, engineer for Jim Allen, requesting the extension of trunk sanitary sewer to his property located at the NW corner of Denmark and 220th Street across from the Farmington High School. DISCUSSION The request from Mr. Allen has been reviewed by Development Committee staff. While the extension is consistent with the City's Comprehensive Sewer Plan, it was the conclusion of the Development Committee that it would be premature to proceed with this request prior to the expiration of the MUSA designation postponement period. This postponement period will end on or before October 1, 2001. Once a decision has been made relative to the designation of MUSA for all or a portion of the Allen property, the Council could take action in regards to this request. BUDGET IMPACT Unknown at this time. ACTION REOUESTED Inform Mr. Allen that a decision regarding his request will be delayed until a determination regarding MUSA designation for his property have been made. Respectfully submitte~ ~ so~~ Community Development Director cc: James Allen, Bristol Development Corp. Stephen A. Albrecht, William R. Engelhardt Associates, Inc WILLIAM R. ENGELHARDT ASSOCIATES, INC. e OJ1stdtl1l5 .E1l5illeaS MD 52.1107 HAZELTINE BOULEVARD CHASKA. MINNESOTA 55318-1008 (612) 448-8838 October 25, 2000 City of Farmington c/o Mr. Lee Mann, City Engineer 325 Oak Street Farmington, MN. 55024 RE: Request for Extension of Trunk Sanitary Sewer to the Allen Property(formerly Neilan Property) Honorable Mayor and City Council Members: I have been authorized by Mr. James Allen to request extension of trunk sanitary sewer facilities across the above referenced property. Mr. Allen requests that the City of Farmington undertake a trunk sewer project and assess his property for its apportioned benefit. The request is for extension of sanitary sewer from the north under the Vermillion River and across the above referenced property. This request is in accordance with the City of Farmington Trunk Sanitary Sewer Plan. Please contact Mr. Allen at (952) 894-1473 or myself at (952) 448-8838 if you have any questions or require additional information. Sincerely, WILLIAM R. ENGELHARDT ASSOCIATES, INe. ;tr Stephen A. Albrecht cc. John Erar, City Administrator David Olson, Community Development Dir. James Allen, Bristol Dev. Corp. ~ a> a. p t: a> - <f E .- J " ,,; ,. , · =--1. w z+_. ~ I _ o~ ~ .~~ I .~~ ~~ ~ cE ~ .~ I.- ~ ~ ~ g (L) J5 .Q ~<( t ..9 0 u '"6 ~ i:.' .g g ~ ~ Q) ">. co ~ <( u ..... ..... () co"(i) -c c. Q. ro Q) ~.S? I ~~o~~~o~ ~ -~EC~- ro~w~cQ)~l ~~Eg~=Eg ro.~~~~Q)~~ ~EcQ)~~~ I co~-uo~- ~ro~~~CC~-~Q)Q)EQ)Q)= ~ co g> ~Q) g> UQ) g> ~Q) ~ g 0: 'en Q) Q) E i!l Q):S :fl sg 8' 5 11 ~ 8: CO<-~-~-~Q)>~cC~2 E~c_~~~ro< ~~~2~2i2~~g~~~i~~~'~~i'~~e~1 G~~~~~~~~Z~~SS~IUECO~~w~~z i ~~~~~~u!DDD~II~~luIID iill~LUL Ii .: HiTTll.. I. . HI, ,I .=U--LlJJJ : I Co ~ f- ro ~ Q) .... ::l UJ I ;-- I City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarmingtonmn.us jDd TO: Mayor, Councilmembers, City Administrator~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Flagstaff Citizen Petition - Process Issues DATE: November 20,2000 INTRODUCTION At the November 6, 2000 City Council meeting, a petition was forwarded to the City Council regarding improvements to Flagstaff Avenue. DISCUSSION Staff has researched the names submitted on the petition and has identified the addressees of forty- three of the sixty-one petitioners; research to identify the remaining petitioners is ongoing. As with previous petitions, staff will schedule a neighborhood meeting in order to obtain resident input regarding the issues along Flagstaff Avenue. The petitioners and all residents along Flagstaff will be invited to the meeting. Following the neighborhood meeting, staff will forward a report to Council summarizing the results of the meeting for Council's review and consideration. BUDGET IMPACT None at this time. ACTION REQUESTED For information only. Respectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Citizen petitioners a2s a venue e I Ion NAME ADDRESS Bob McNearney 19356 Evening Star Way Elayne Donnelly 20080 Flagstaff Ave. Karen Donnelly 19224 Flagstaff Ave. Brian J. Donnelly 19224 Flagstaff Ave. Adam Donnelly 18679 Flagstaff Ave. Ryan Donnelly 18679 Flagstaff Ave. Terry Donnelly 18679 Flagstaff Ave. Rod Bory Debbie Donnelly 18679 Flagstaff Ave. Darlene Donnelly 20491 Flagstaff Ave. Cathy Donnelly 6611 - 200th St. W. Dave Donnelly 6611 - 200th St. W. Terrie Schmidt 18672 Flagstaff Ave. Mark Schmidt 18672 Flagstaff Ave. Pat Donnelly, Jr. 20491 Flagstaff Ave. Kim Chambers Nancy Kelly Michael Kelly Jeffrey Dave Pettis Johnson K.N. Mark A. May Ma tt Dcel (?) 19215 Flagstaff Ave. Janelle & Doug Malszycki 19585 Flagstaff Ave. Al Braun 20970 Flagstaff Ave. Kent Richardson Pat Donnelly, Sr. 20491 Flagstaff Ave. Ben Ward 6378 - 195th St. W. Lori Jensen TimothyKelly (son of Michael ?) Cheryl Haan 19395 Flagstaff Ave. Pat Pelach Mil Pelach (Mildred) 19867 Flagstaff Ave. Connie Dahl Flagstaff Darcy Zeldr Kristi Genzs ??? ~ Bob Jensen 17995 Flagstaff Ave. Bernice Jensen 17995 Flagstaff Ave. Pat Christensen 20861 Flagstaff Ave. Jay Christensen 20861 Flagstaff Ave. Fl t ff A P ff John GI nn, IV John T. GI nn Alexis GI nn Ronald L. Valek Ro er Duff Ma Lou Nordlin Richard Nordlin Jim McNearne Louie Juenke Jean Juenke Jud B ant Chuck B ant Lois McKinle June M. Ra mond David J. Ames Shaun Ames Richard D. Teske Dean Wolff Am Jensen-Wolff Rus Norden 421 S ruce St. 20982 Fla staff Ave. 20982 Fla staff Ave. 6670 - 190t St. W. 8635 - 206t St. W. - Lkvl City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /~~ FROM: Mayor, Councilmembers, City Administrat~ Robin Roland, Finance Director TO: SUBJECT: Consider Resolution - 2000 Budget Reappropriations DATE: November 20,2000 INTRODUCTION A review of the 2000 budget suggests a need to revise the adopted revenue and expenditure levels to more closely reflect department service levels. The attached financial analysis will be reviewed with Council and recommended reappropriations will be presented. DISCUSSION The adopted 2000 budget was prepared and submitted to Council in August of 1999. Calculations in that budget were based on information from the first six months of 1999, over a year and a half ago. A budget is a financial plan, which the City must live within. However, many things may change in an 18-month period and what might have been a reasonable revenue or expenditure assumption in June of 1999 may not hold true in November of 2000. Therefore, an annual reappropriation is done in the fourth quarter of the year to best reflect the City's operations for the year. Management staff evaluates the accuracy of their budget projections versus nine or ten months of actual operations, and is able to reallocate their resources appropriately. Likewise, revenues are reviewed and any excess or shortfall is anticipated and provided for in the annual re-appropriation, The revenue projected in the 2000 General Fund adopted budget was $3,929,190 before transfers in, Revised projections show General Fund revenues (before transfers) of $4,092,549- an increase of $163,359. This increase is primarily due to building permit revenue and fine revenues which exceed original budget estimates. The 2000 adopted budget called for $4,152,008 of General Fund expenditures. The revised projection calls for $4,168,585, an increase, before transfers out, of $16,577. This increase is primarily due to personnel costs in the Community Development and Police Departments and represents a 0.39% (less than one percent) change in revised expenditure forecasts from the adopted budget. The 2000 adopted budget called for an increase in the fund balance of $49,682. Given the increased revenues in the General Fund, staff recommends that the transfer of $100,000 from the Private Capital Projects fund be eliminated from the 2000 revised budget and those monies retained in the private Capital Projects fund for future expenditures on the Public Facilities Project. Reduction of the transfers into the General fund, combined with revised revenues, expenditures and transfers out, would still designate approximately $96,464 for the fund balance. This would bring the Fund Balance in the General Fund at December 31, 2000 to $1,210,629 or 26.5% of proposed 2001 expenditures. This maintains the Fund Balance level desired by the City Council and recommended by the City's auditors. ACTION REQUIRED The recommended revisions to the 2000 Budget are attached for Council review and will be discussed at the meeting. The resolution adopting the 2000 Revised Budget is attached. ~&/ Finance Director PROPOSED RESOLUTION R - 00 AMENDING THE BUDGET FOR FISCAL YEAR 2000 Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Civic Center of said City on the 20th day of November 2000 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, City departments have reviewed current expenditure levels within their respective departments and determined that current budget authorizations may be adjusted to more accurately reflect existing service level expenditures; and WHEREAS, the City management team, under the direction of the City Administrator, has reallocated budgetary expenditures to more closely reflect actual expenditure levels during fiscal year 2000; and WHEREAS, the 2000 adopted budget shows revenue of $4,221,690, but revised projections show revenues for fiscal 2000 of $4,285,049; and WHEREAS, it is appropriate to reallocate revenues and expenditures within the 2000 city budget to maintain the balance between projected revenues and anticipated expenditures; and WHEREAS, the 2000 revised budget, a summary copy of which is attached to and made part of this budget resolution, describes the re-appropriations at each department level. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington, revises the 2000 Budget and authorizes General Fund expenditures and transfers of $4,188,585, with projected General Fund revenues of $4,285,049 and an increase to the General fund balance reserve of $96,464. This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day of November, 2000. Mayor Clerk/Administrator Attested to the day of ,2000. CITY OF FARMINGTON GENERAL FUND PROJECTED 2000 REVENUES 15-Nov-OO COUNCIL ADOPTED PROPOSED REVISED DESCRIPTION BUDGET CHANGES BUDGET Taxes $ 1,587,236 $ $ 1,587,236 Licenses 18,200 1,550 19,750 Permits 687,250 69,750 757,000 Intergovernmental Revenue 1,098,004 32,221 1,130,225 Charges for Services 274,500 3,638 278,138 Fines & Forfeitures 45,000 25,000 70,000 Other Revenues 219,000 31,200 250,200 Total $ 3,929,190 $ 163,359 $ 4,092,549 Transfers In Budgeted 292,500 (100,000) 192,500 TOTAL REVENUES AND TRANSFERS IN $ 4,221,690 $ 63,359 $ 4,285,049 CITY OF FARMINGTON GENERAL FUND PROJECTED 2000 EXPENDITURES 15-Nov-OO ADOPTED PROPOSED REVISED DESCRIPTION BUDGET CHANGES BUDGET Administration $ 572,633 $ 2,477 $ 575,110 Finance 317,956 (3,484) 314,472 Community Development 401,733 25,615 427,348 Police 1,140,578 44,072 1,184,650 Fire Services 306,968 (8,879) 298,089 Public Works 717,082 (25,419) 691,663 Parks & Recreation 695,058 (17,805) 677 ,253 TOTAL EXPENDITURES 4,152,008 16,577 4,168,585 Transfers out To Arena fund 20,000 20,000 TOTAL EXPENDITURES AND TRANSFERS OUT $ 4,172,008 $ 16,577 $ 4,188,585 PROJECTED REVENUES $ 4,221,690 $ 63,359 $ 4,285,049 TO FUND BALANCE $ 49,682 $ 46,782 $ 96,464