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Home My WebLink About05.16.11 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 Jason Bartholomay Christy Fogarty Terry Donnelly Julie May AGENDA REGULAR CITY COUNCIL MEETING MAY 16,2011 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Swearing-in Officer Dane Tukua b) Heritage Preservation Awards c) 2010 Comprehensive Annual Financial Report - Finance Sworn-In 300 ih Street Accepted 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.) 7. CONSENT AGENDA a) Approve Council Minutes (5/2/11 Regular) (4/27/11 Workshop) b) Approve HiPP Sub-Committee Appointments - Administration c) Appointment Recommendation Engineering - Human Resources d) Authorize Request for Proposal Audit Services - Finance e) Adopt Ordinance Allowing Churches in R-3 Medium Density Zoning District - Planning f) Approve Bills Approved Approved Approved Authorized Ord 01 1-632 ApJ1roved 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.) 8. PUBLIC HEARINGS a) Adopt Resolution - Approve Heritage Landmark Designations - Planning b) Revise EDA Composition - City Attorney 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Federal Transportation Enhancement (TE) Grant Application for the Construction of a Section of the North Creek Greenway Trail- Parks and Recreation b) Adopt Resolution - Met Council LCDA Development Grant - Planning c) Adopt Ordinance - Woodland and Tree Preservation - Planning 11. UNFINISHED BUSINESS a) Clarification of Urban Chicken Ordinance - Planning b) Appoint Interim City Administrator - Human Resources 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION a) Threatened Litigation 15. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Approve Council Minutes (5/2/11 Regular)(4/27/11 Workshop) 5/2/11 Minutes. . . . . . . . . . . . . .5 4/27/11 Minutes. . . . . . . . . . . . . 13 Approve HiPP Sub-Committee Appointments Memo . . . . . . . . . . . . . . . . . . 16 Appointment Recommendation - Engineering COUNCIL MEMO - Eng Tech 2011. . .17 Authorize Request for Proposal Audit Services Memo - RFP. . . . . . . . . . . . . . . . 19 RFP - Audit Services . . . . . . . . . . . 20 Adopt Ordinance Conditionally Allowing Churches in the R-3 (Medium Density Residential) Zoning District Churches in the R-3 zone CC memo . . 44 Ordinance . . 45 Approve Bills List of Bills . 48 Consider Resolution - Designating Farmington Heritage Landmarks 2011 Desingations CC memo. . . . . . . . 70 2011 Landmark Designations Resolution. . 71 Planning report 621 3rd St1 . . 73 Planning report 708 3rd St1 . . 82 Planning report 719 3rd St1 . . 89 Revise EDA Composition Memo . . . . 100 Resolution. . . . . 101 Ordinance. . . . . 102 Approve Federal Transportation Enhancement (TE) Grant Application for the Construction of a Section of the North Creek Greenway Trail Memo . . . . 105 brochure. . .107 Met Council Grant Memo . . . . 109 resolution . . 111 previously funded grants . 113 Adopt Ordinance - Woodland and Tree Preservation memo . . . . 116 ordinance . . . 118 trees. . . . . . 127 memo sherri . . 129 Clarification on Urban Chicken Ordinance 1 Clarification memo regarding Chicken ord Urban Chicken Ordinance2011v1 . Appoint Interim City Administrator 2011 Interim Adm Appt . . . . . . . 133 .134 . 138 2 KJ )\/ ~ City of Farmington Dakola Counly, Minnesola May 16,2011 Kara GafTy, CPA Audit Manager KDV! . Audit Process - Planning - Fieldwork . February and March - Draft CAFR - Final Reports - Board Presentation ;;JC. ,-~~", "'..,. . l- . . ",.,""'; .. '\ , . i " .~. Trr:pur :J:lt4' WIll" rllll ft,}J If .. ~'-.. ~~ KJ)V ~ Independent Auditor's Report . Unqualified Opinion on the Basic Financial Statements . Comprehensive Annual Financial Report (CAFR) also reviewed for GFOA Certificate of Achievement for Excellence in Financial Reporting . 2009 - First year earned Award 1 Kl )\1 ! Minnesota Legal Compliance . Compliance audit based on lhe Minnesota Legal Compliance Audit Guide for Local Governments covers seven areas of compliance: - - Deposits and Imreslmcnts - . Conflicts of Interest - . Public Indebtedness - . Contracting and Bidding - . Claims and Disbursements - . Miscellaneous Provisions - - Tax Iocremcnl Financing . One finding - Outstanding checks KDV Audit Findings/Recommendations . Material Audit Adjustments . Lack of Segregation of Accounting Duties . Implement GASB 54 - Fund Balance Reporting Kl)\I o TFF'''~ . x. " ""~.. -It' li.lI.I'",r ~J';If'" Wlt"n yo.. ..~~J II .. "_ ;:JI General Fund Performance Gerrral Flni Boo"," Aol"" V.rian;c Revenue I $ 9,024,401 $ 9,047,090 $ 22,689 ExpendillRs (9183401\ 9009620 173781 EXec!! of Revenues Over (thjer) ExpeOOihr"es (159.<100) 37,470 196,470 Transfer! In am ~r So~ces 331,500 334,200 (13~'~~ TransfenOi 1175000\ 310708 Net Tnnsfen 156,500 23,492 (133,008) Oange inFlni beilIU (2,500) 60,962 63,462 Begiming Fad Balm::e 2157880 2157880 En:liT1ll FmJ Balan.::e i $ 2 ]55380 S 2218842 S 63462 2 !<J)V.. --IlIJIPmlrIl8J06.HJ) IUlI.m.D611 'UlJ(8)64I 51.,OOO.DOO .n,OOODOO fro.1l:I,llt21 $>>,I.OO.om ~ji91 r-'-!i.jIJXi<;15P~3:B rS1,l1'l1l..19l1 ~81 .. _... _~~~~ ~~~[E:!!:J IlI,WOPOO ...."" .,."" 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"..... ,.~ KJ)Y ~ Is..... fundi ~"""" $l,soopoo $I)llXlJlOO ""',., """,." "" $1,l7dP4l 1)P6,H1 ..... "'" ~" $1)81,.l:lll 1}8t,lPt 5n )(l '" " .50....., Owp,ordQ1Nr .1'obl.Opc~J:lipClII' DD.o<:Wile. aO~~L_ 5 KDV. ......... """'" ."... . -... - ....- .- . KDV 17 '" ~~,~ . , ..... "; :tilt , ,,~.. ... I'..pur .J.ir' WIiI.... 1'1>11 .."J II .. h '... . ~ Kl)V Questions? Kara GafIY. CPA 320-229-6104 kgafIY@kdv.com 6 7CL COUNCIL MINUTES REGULAR MAY 2, 2011 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, Bartholomay, Donnelly, Fogarty, May None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Kevin Schorzman, City Engineer; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Beve Preece, Ann Manthey, Vida Raine 4. APPROVE AGENDA Councilmember May pulled item 7t) Approve Request for Proposal Dental and Long Term Disability Insurance for comment and items 7g) Approve Dew Days Fee Waiver and 7h) Approve Farmington Business Association Fee Waiver for discussion. Mayor Larson added item 5c) Soybean Festival and Community Calendar. MOTION by Fogarty, second by May to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim National Day of Prayer Ms. Ann Manthey gave the history of the National Day of Prayer. Council proclaimed May 5,2011, as National Day of Prayer. b) Proclaim Historic Preservation Month Council proclaimed Mayas Historic Preservation Month c) Soybean Festival and Community Calendar Ms. Vida Raine stated the Soybean Festival will be held Saturday, May 21, in downtown Farmington. Information is available on their website and posters have been placed throughout town. She thanked City staff and the City Council for inkind help for all the festivals held throughout the year. These festivals can have a huge economic impact over time. Last year's attendance at the Soybean Festival was 41 % Farmington residents and 59% non-resident. Ms. Raine gave statistics of attendance and the economic impact of various festivals throughout Minnesota. 5 Council Minutes (Regular) May 2, 2011 Page 2 An effort is underway to combine all events for community organizations, churches, sports teams, a special sale, etc. into one community calendar. It is difficult for a City to take on this type of project because of the separation of church and state so it is important this be community based. It will be structured so it is very easy for people to contribute to the calendar by utilizing Google calendar features. Any organization can create their own calendar, maintain it themselves, and then it will be added to the community calendar on the website FarmingtonTo day. com. Buds & Bytes will maintain the site. Mayor Larson noted this is a great calendar. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approve Council Minutes (4/18/11 Regular)(4/13/11 & 4/20/11 Workshop) b) Approved Appointment Recommendation Fire Captains - Fire Department c) Approved Appointment Recommendation Fire Lieutenant - Fire Department d) Approved Appointment Recommendation Rescue Captain - Fire Department e) Approved Revising EDA Composition - Administration t) Approved Request for Proposal Dental and Long Term Disability Insurance - Human Resources i) Adopted RESOLUTION R23-11 Accepting Donations Rambling River Center Construction Project - Parks and Recreation j) Approved Bills APIF, MOTION CARRIED. g) Approve Dew Days Fee Waiver - Parks and Recreation h) Approve Farmington Business Association Fee Waiver - Administration Councilmember May pulled these items because of the garbage fees being waived. As the community grows it will become more common for these requests. She suggested having an initial discussion for future requests, ifwe want organizations to look at fees that will cost the taxpayers money. As the budget is extremely tight, she suggested for fees that would cost the taxpayers money, review on a case by case basis to waive City permit fees, but additional costs would be covered by the festival organizers. Councilmember Fogarty did not have a concern with waiving the fees. The more traffic we can bring in, the better. She understood the taxpayers are covering the garbage pickup, but no one has complained and they want these festivals. Councilmember Bartholomay added it is great for economic development. Councilmember Donnelly did not have a concern and felt it was goodwill for the City. We don't want to discourage the festivals. 6 Council Minutes (Regular) May 2, 2011 Page 3 Mayor Larson noted Councilrnember May does have a good point. Even though permit fees are waived, it may not be a bad idea for organizations to budget a little for garbage fees. Otherwise, he has no problem with waiving fees. Councilmember May noted we have to keep in mind there are other costs being incurred, especially with staff time. There are quite a few additional inkind services, especially with Dew Days that are being made by the taxpayers. MOTION by Fogarty, second by Donnelly approving waiving the permit and facility rental fees for the 2011 Dew Days celebration in the amount of $1 ,833. APIF, MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to approving waiving the permit fees for the Farmington Business Association festivals in the amount of$S40. APIF, MOTION CARRIED. f) Approve Request for Proposal Dental and Long Term Disability Insurance - Human Resources Councilmember May asked how the process works and how providers are notified. Human Resources Director Wendlandt stated staffhas a list of people who have requested RFP's. Staff also sends letters to providers in the area asking if they would like to submit a proposal. The RFP notice is also published in the legal publication. Any provider has an opportunity to submit a proposal. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve PUD Amendment Fairhill- Engineering The amendment to the PUD is the addition of ownership interest in the parcel. This does not diminish the City's security with respect to the assessment for 19Sth Street. The developer remains the same. City Attorney Jamnik stated the security is the land and the transfer of property already made with the initial phase of the project. The only thing left is the pending assessment for the bridge construction and the road. That will come to Council in approximately a year. There is a periodic requirement for environmental review. Mr. Peter Coyle, counsel to the developer, stated the first phase will begin once the market improves. MOTION by Fogarty, second by Bartholomay to approve the PUD agreement for Fairhill, amended to add David and Karen Finnegan as owners of a portion of the subject property. APIF, MOTION CARRIED. b) Adopt Resolution - Approve Minnesota Green Steps - Planning This program was presented to Council at the April 18, 2011, Council meeting. City Planner Smick stated this program is an opportunity for the City to work on cost savings and energy use reductions while encouraging innovations. There are 16 best practices which the City has already done and there are three others to be 7 Council Minutes (Regular) May 2, 2011 Page 4 done as a requirement to become a Step 3 Green Step City. The City is well on its way to receiving more recognition for its efforts. Surrounding cities are at various levels of this program. Farmington is almost at the fmal step for the Step 3 designation. Councilmember May understood this is voluntary and she was not opposed to the overall program, but was concerned with the time management. She felt it is too costly on staff time. We are already adopting a lot of these practices. Putting a label on it is not that important. She would prefer to see the Planning Department focus time and energy on commercial/economic development. She is very excited about the Grow Farmington initiative. She spoke with a hotel owner today about the benefIts of the Community Calendar and how much benefIt she has already seen in having that. The time that City Administrator Herlofsky has spent working with other cities trying to create more efficiencies, that is the direction where she would like to see the City Planners use their precious time and not driving around monitoring whether people are complying with the chicken ordinance. She realized that is only one little piece of the puzzle, but she would rather see staff focus their time in other areas because there is a lot of paperwork involved in this program. Councilmember Fogarty did not completely disagree, but she does not mind being part of this program because we have accomplished so much and get credit for it as long as it does not take a signifIcant amount oftime. This is a back burner item. This could be used as an economic development tool and could qualify us for an economic development grant from the state or another type of grant. When you participate in these types of programs you receive points for grant processes. She does not want to think that because we didn't take a few hours of staff time to do some paperwork we lose out on a grant that could help economic development. You can pay me now, or pay me later is how she feels about dedicating staff time to this. Councilmember Fogarty agreed economic development needs to be a top priority, but staffhas made this a low impact on the amount of staff time. City Planner Smick stated the work on the matrix is done; we only need to look at the three required steps which includes looking at public buildings, plus Mr. Doug Bonar will volunteer to assist with that work as he is certifIed in LEAD. The other two steps are community and economic development and how to get green businesses here. Staff understands this will be a back burner item. Councilmember Donnelly felt staff understands we should not spend a lot of staff time and it also is a way to take credit for things we have already done without incurring any further expenses. It puts Farmington out in more places and for good reasons. Councilmember Bartholomay felt it is a very marketable piece and will pay more dividends down the road. He thanked City Planner Smick and other staff for the work they have done and especially Mr. Bonar for volunteering his time. 8 Council Minutes (Regular) May 2, 2011 Page 5 Mayor Larson was confident staffwill prioritize their time wisely. MOTION by Bartholomay, second by Donnelly to adopt RESOLUTION R24-11 approving the MN GreenStep Cities program. Voting for: Larson, Bartholomay, Donnelly, Fogarty. Voting against: May. MOTION CARRIED. c) March 2011 Financial Report - Finance General fund revenues are at 2.54% of the budget and without taxes revenues are at 12.81 %. This is comparable to last year and we are on track for budgeted revenues. At 21.93% ofthe budget expenditures are slightly below budget. Councilmember Fogarty noted fmes are 25% below budget but $1,765 higher than last year. Finance Director Walters explained the budget amount from last year was reduced this year. The amount offmes does fluctuate and we are on track since we reduced the budget. Councilmember Fogarty realized we are over budget for salt for the roads and asked how light does the snowfall have to be to balance at the end of the year. Staff stated we would have to have half of the amount we had last year. Councilmember Bartholomay confrrmed the contingency is gone. It was used for the fIre reliefpension. Councilmember May noted senior center operations without the transfer show expenditures exceeding revenues by almost $22,000. Finance Director Walters explained the senior center needs the support ofthe general fund in order to operate. The transfer is added to the revenue, so the expenditures are higher. Councilmember May noted the ice arena revenues exceeded expenditures by $31,000 for the quarter which is very good. She asked ifthere are any new plans for renting the facility. City Administrator Herlofsky stated staff is constantly working on it. A couple years ago the karate group rented the facility, but not this year. Councilmember May asked if keeping the ice year round was feasible. City Administrator Herlofsky stated unless there is a use for it, there is no point in having it. Someone requested use of the ice during the summer, but there was no guaranteed revenue stream. Ice is available once the demand is created. Mayor Larson stated the request was for running individual summer clinics. Ice time was $50/hour cheaper in other communities and that is where they went. Councilmember May noted the liquor revenues are slim and asked how negotiations are going for the leases and when Council will receive an update. Mayor Larson noted negotiations are going well and we will receive an update in a month. 11. UNFINISHED BUSINESS a) City Administrator Search Process - Human Resources Human Resources Director Wendlandt brought back items from the previous meeting for Council to consider. 9 Council Minutes (Regular) May 2, 2011 Page 6 1) Determine the role of the Council sub-committee. Council agreed the Human Resources Director and the Mayor will screen the resumes for qualifications and then have all resumes forwarded to all Councilmembers and each one select their top five. From those selections, that should give a list often candidates. 2) Decide whether to have the top candidate take a management assessment. The assessment contains a psychological component, leadership, and at an additional cost different inbox tests. Council receives a report on the outcome. This costs approximately $800/candidate. If you add different inbox exercises there is an additional cost. Council did do inbox tests last time. The assessment includes four hours of testing for leadership qualities, and strengths and weaknesses. Councilmember Fogarty did not recall receiving that information in the past so it must not have been a factor in her decision. Councilmember Bartholomay felt it is money well spent. Councilmembers May, Fogarty, and Donnelly did not think this was necessary. Mayor Larson would like to see this done on the top two candidates. Council decided to wait and see if this is needed. The Police Department does the background checks. Staffwill provide a sample assessment report to review for a decision at a later date. 3) Decide if Council wants any involvement and/or input from City staffat all levels on the fmalists. Human Resources Director Wendlandt stated a couple of employees have asked if there would be a chance to do staff interviews which has been done in the past. Staff interviewed the top five candidates and provided input to the Council. Last time we had a meet and greet and staffwas allowed to go and meet the candidates and offer opinions to Council. Councilmember Fogarty enjoyed the meet and greet and received input from the community and staff. There was one meet and greet for everyone. Regarding the interviews, in the past there were Council interviews, and a staff interview panel and an employee interview panel. Councilmember Fogarty felt the staff interviews and meet and greet input was very helpful. Mayor Larson would like staff to have their own interview session with the candidates and Council review the questions and answers and also have the meet and greet. Human Resources Director Wendlandt will determine the mix of the interview panels. Councilmember Donnelly agreed it would be good to have staff interviews without Council and he would value their opinion more than the management assessment. The number oftop candidates to be interviewed will be determined later. 4) Determine to have a "meet the candidates" reception for community members before the fmal decision is made. Council decided to have this as in the past. 10 Council Minutes (Regular) May 2, 2011 Page 7 5) Determine how or who will handle Administrator responsibilities in the interim. Councilmember Fogarty stated after the Mayor has received input from all of Council he should make the final decision on who should be interim. Deadline for applications is May 20, 2011. The interim will be decided at the May 16,2011, Council meeting. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) HiPP Staff Appointment - Administration City Administrator Herlofsky has been co-chair of the HiPP Committee involving cities in Dakota County. Six committees have been set up to look at various areas for cities to work together. A representative to one of the committees could be from Council or staff. Police Chief Lindquist will be on the committee for public safety facilities. The new City Administrator would work with the general group. The person appointed to a sub-committee would stay on the sub-committee. MOTION by Fogarty, second by Larson to appoint Councilmember May to the dark fiber sub-committee with Councilmember Bartholomay as alternate. APIF, MOTION CARRIED. Councilmember Fogarty: May 14, is Spring Clean-up Day and flower baskets will also be hung downtown. She is the Chairperson for the Farmington Pageant and urged residents to buy a button to support their candidates. Many businesses are offering a discount with a button. If a business is interested in being listed with a discount and if a business would like to sponsor a candidate please contact Councilmember Fogarty. She congratulated Alexis Johnson for designing the Dew Days button this year. Councilmember Bartholomay: He rode with the police last Friday and thanked Officer Zajak and the Chief for arranging it. He recommended the rest of Council take advantage of it. The groundbreaking for the Vermillion River Crossing senior housing is May 4, at 3:00 p.m. He asked to schedule an engineering workshop for June. City Engineer Schorzman: Regarding the Fairhill PUD, the proposal is to do the split ofthe property by meats and bounds survey. Council agreed. Mayor Larson: The community calendar is www.FarmingtonToday.com. May 4, at 3:00 p.m. is the groundbreaking for the new CDA senior housing building in Vermillion River Crossing. It will have 66 units. A wine tasting sponsored by Farmington Liquors will be held at Blondie's on May 4. The after event for the park and pond clean-up was moved to the Rambling River Center on Saturday. The building was overflowing with volunteers who worked to clean up the parks and ponds. He thanked residents for their dedication to Farmington. He urged residents to shop at the Farmington liquor store as profits stay in town. Farmington Friendly is the brand for Farmington. He asked that residents support local businesses. 11 Council Minutes (Regular) May 2, 2011 Page 8 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 8:17 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 12 Council Workshop Minutes Police Department Budget April 27, 2011 Mayor Larson called the workshop to order at 3 :00 p.m. Present: Larson, Bartholomay, Donnelly Absent: Fogarty, May Also Present: Brian Lindquist, Police Chief; Cynthia Muller, Executive Assistant MOTION by Bartholomay, second by Donnelly to approve the agenda. APIF, MOTION CARRIED. Councilmembers took a tour ofthe Police Department. The central hub contains 3.5 FTE's. The department started with eight officers and now has 25 officers. The workload has increased. There is one FTE in the central hub devoted to investigations. The building was built in 2002. The police budget is bigger because they are a 24/7 operation. The administrative sergeant handles all technology and phones, he is the backup for IT, the liaison for CJIIN and Logis and has the cars built. There are four officers on the Dakota County MAAG team. Half of the team has turned over in the last year. Farmington remains the same as consistency is fundamental. Cameras in the booking and processing room are tied to the squad cars and all information goes to the same folder. The fItness room contains $25,000 worth offItness equipment and is available for use by all City employees. Council viewed a squad car and discussed all of the equipment. The cost of a squad car is $55,000 - $60,000 with all the equipment. The police department is getting two new cars in 2011 to replace cars that are four years old. Cars are used for patrol until they reach 90,000- 100,000 miles. They cycle the used cars through the SRO's for fIve years. The conference room is used as an emergency operations center, for meetings and training. It contains all the necessary technology for emergency situations. The physical size of the room has become too small to hold the entire police department and could be expanded by removing a wall. For 2012, there will be increases in wages for sergeants and patrol by 1.75%. The department will continue to assess vehicle needs. Police Chief Lindquist might be requesting three vehicles or maybe two. If there are two vehicles this year, it may be four vehicles next year. The cars are ordered in November or December and arrive in June. The state bid process is used. Costs for Logis, CJIIN, and DCC are dictated by those governmental bodies. There may be increases and will know more within the next month. Records management system - 8 of the 12 cities in Dakota County purchased their own system and house it through CJIIN. There will be a considerable reduction in the annual maintenance cost. Logis was $45,000 - $50,000/year; with the new system the cost is $15,000 - $18,000/year. 13 Council Budget Workshop April 27, 2011 Page 2 Gas for squad cars has been static for many years at $55,000 - $60,000/year. If gas goes up, there may be an increase. Staffhas looked at having our own gas pumps, but there was not enough savings to warrant it. Council suggested it may be useful if all city vehicles, squads and the school district went together. Looking for efficiencies includes working with the schools. Staff recalled that the costs were similar and there was not enough advantage. Staffwas not aware if the school can do that. Council asked that staff look at our own gas pumps again. There are four parts to the police budget, administration, patrol services, investigations, and emergency management which is for the sirens. Under administration (1050) there are a lot of items there as holders and staff will leave them there as something has always happened where that money is needed. If the money is not used, it goes back to the general fund. In 2010, the police department spent 99.3% of their budget and had $25,000 left at the end of the year. Regarding animal control, the City used to use 4 Paws. Staff found a kennel south of Farmington and it has worked extremely well. This was a reduction of$10,000, down to $9,500 for animal control. To reduce the cleaning amount, the department purchased their own rugs. They use their own cleaning person who is also a dispatcher. Electric, gas, municipal services - if in June or July we are at 60-65%, staff will adjust this for next year by 3%. Legal is for prosecution cases. Last year this was $80,000. Approximately 78-79% of the budget is dedicated to wages and benefIts. The former finance director had stated the department head's job is to give Finance exactly what they will spend. If more is needed beyond that, it is up to Finance to fmd it. Regarding patrol services (1051) approximately $5,000/month is spent on vehicles. Several of the Nextel phones have been replaced. The Nextel phones should be kept in the budget. The DCC bill is $200,000 and is based on population. Investigations (1052), has come in the furthest under budget. Some of the titles of the items have remained the same, but the money may be used for something else. Council asked about a state grant in the budget for 2008 and after that it went away. Staffwill research this. A portion of the tab revenue is used for police PERA. The state grant could have been the start-up costs for the DCC. Emergency management (1054) includes the agreement Council approved for narrowband sirens. The City is splitting half the cost with the county and the City's share will be $7,500. The police department looks at the budget as if the money is coming from their own pocket. Council asked how we compare to neighboring cities as far as number of officers. Farmington is the same as most and less and more than a few. Previous years they considered 1 officer per 1,000 people. Now it has changed to 1 officer per 800 people. With our population of approximately 20,000, we are where we need to be. Out of25 officers, there are 14 patrol, 3 SRO's, 3 detectives, 1 drug task force, and 2 in administration. The SRO's are covered 75% by the school district. A couple months ago, the Superintendent said it was possible the school would be reducing the SRO's from 3 to 2 officers. The Police Chief reminded him that in order to increase the number the City had to hire another person. The school district was looking at using 3 SRO's through all of2011. The Police Chief asked them to carry 3 SRO's through June 2012. The police department made certain transitions in the last four years where they took people from patrol. One was moved to investigations, another was moved to the drug task force, another was moved to administrative sergeant, and the third SRO came from patrol. A couple spots were backfIlled, 14 Council Budget Workshop April 27, 2011 Page 3 but we are still two short from our highest numbers for patrol. Last Monday, the school board approved keeping the third SRO through June 2012. The City would cover the two officers' expenses for July, August and part of September until they go back to school. The third SRO will come back to the agency and funding will no longer be received from the school for that person. A five-year officer has a value of$5 million. The Police Chief will fight to keep that body for patrol to bring the numbers up to the level of five years ago. Council asked what is being done now to compensate for fewer patrol. There are fewer officers on a shift. When they are on vacation, sick, or in court, we are not backfilling them. During the day, the police chief, or administrative sergeant, or investigations is the backup. Council asked if the administrative sergeant could serve more time on patrol. Staff explained he does when someone is sick or in meetings. That leaves us with two officers and no backup. The police chief and administrative sergeant are always part ofthe mix. When the administrative sergeant position was created they considered retirements and a trend in the next five years of what would require more ofa cop's influence than a civilian. When implementing new technology and systems, it had to be someone that was familiar with how it worked for the end user. The administrative supervisor supervises scheduling, staffing and workloads. The administrative sergeant is the supervisor for direction of technical advances. Council noted after a few budget meetings, there could be some big gaps we will have to fIll. In the worst case, Council asked if the administrative sergeant would be able to backfill as patrol sergeant and still work on technology. The police chief replied no, it would be easier for the chiefto backfill for patrol sergeant. Stafflooks at little things to save everyday. Ifwe lose a person and their knowledge, what would we do? Council noted the chief in Lakeville goes to a Council meeting monthly to give statistics of what they are doing. Council asked if the police chief would be able to do this. Ifwe ask residents for more money, it may be easier for them to understand why. The police chief did not want this to become repetitive. Farmington is 20,000 vs. Lakeville at 60,000 and has more activity. The police chief could do this quarterly. After reviewing the police budget, Council realized the police does not have that many items to reduce. Many ofthe items are solid, fixed costs. MOTION by Bartholomay, second by Donnelly to adjourn at 5:05 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 15 76 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.tarmmgtllll.mn.LL..i TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, Jr., City Administrator SUBJECT: Approve HiPP Sub-Committee Appointments DATE: May 16, 2011 INTRODUCTION I DISCUSSION Cities in Dakota County have formed a group called High Performance Partnerships (RiPP). The purpose of this group is to discuss ways that cities can work together. The HiPP group has formed sub-committees to cover various areas of city government. Staff is recommending Human Resources Director Brenda Wendlandt be appointed to the Shared Technical Expertise sub-committee and Police Chief Brian Lindquist be appointed to the Public Safety Facilities sub- committee. ACTION REOUESTED Approve the appointments of Brenda Wendlandt to the Shared Technical Expertise sub- committee and Brian Lindquist to the Public Safety Facilities sub-committee. Respectfully submitted, Peter J. Herlofsky, Jr. City Administrator 16 7c.. City of Farmington 430 Third Street l'armington, "'.1inncsota 651.280.6800. Fax 651.280.6899 www.ci.funningtlm.mn.U.i TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Engineering Department DATE: May 16, 2011 INTRODUCTION The recruitment and selection process for the appointment of a full-time Engineering Technician in the Engineering Department has been completed. DISCUSSION After a thorough review by the Engineering Department and the Human Resources Office, a contingent offer of employment has been made to Tom Strid, subject to ratification by the City Council. Mr. Strid was employed by the City as an Engineering Intern during the summer of2010, and he meets the qualifications for this position. BUDGET IMPACT Funding for this position is authorized in the 2011 budget. ACTION REOUESTED Approve the appointment of Mr. Tom Strid as an Engineering Technician in the Engineering Department effective on May 17, 2011. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: file 17 " /a City of Farmington 430 Third Street I-Millington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.r.mningtllll.mn.LL.I TO: Mayor, Council Members, and City Administrator FROM: Teresa Walters, Finance Director SUBJECT: Request for Proposal (RFP) - Audit Services DATE: May 16, 2011 INTRODUCTION: The City and the Fire Relief Association are required to have an audit each year. DISCUSSION: City Staff is requesting authorization to request proposals for auditing services. The RFP is enclosed. BUDGET IMPACT: The cost for City audit services is currently $32,500. Funding for audit services is included in the budget. ACTION REQUESTED: Authorize staff to advertise for proposals for Audit services. Respectfully submitted, Teresa Walters Finance Director 19 City of Farmington Minnesota Request for Proposals Professional Auditing Services For the periods ending December 31, 2011 December 31, 2012 December 31, 2013 Teresa Walters Finance Director 430 Third Street Farmington, Minnesota 55024 (651) 280-6880 twalters@ci.farminaton.mn.us 1 20 I. INTRODUCTION General Information The City of Farmington is soliciting proposals from qualified certified public accounting firms for audit of its financial statements for the three (3) fiscal years ending December 31, 2011, 2012 and 2013 with the option of auditing its financial statements for each of the three (3) subsequent fiscal years. These audits are to be performed in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Inquiries about the engagement or the request for proposal should be addressed to: Teresa Walters Finance Director twalters@ci.farmington.mn.us (651) 280-6880 Nine (9) copies of the proposal must be received at: 430 Third Street Farmington, Minnesota 55024 by 4:00 PM on Thursday, June 23, 2011. The City of Farmington reserves the right, where it may serve the City of Farmington's best interest, to request additional information or clarification from proposers. Following a review of the proposals a recommendation for award will be made by the Finance Director to the City Council. A final decision for award of the work will be made by majority vote of the City Council. The City of Farmington reserves the right to retain all proposals submitted. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal, unless clearly and specifically noted in the proposal submitted and confirmed in the letter of engagement between the City of Farmington and the firm selected. Term of Engagement The City's goal is a three-year engagement understanding with three additional one-year engagements subject to the annual review and the satisfactory negotiation of terms (including a price acceptable to both the City 2 21 of Farmington and the selected firm), the concurrence of the City Council and the annual availability of an appropriation. TI. SERVICES REQUESTED A. Scope of Work to be Performed The City of Farmington will retain the accounting firm to audit its financial processes, records and statements in order to express an opinion on the fairness of the presentation of its government-wide, governmental major fund, business-type major fund and aggregate remaining non-major governmental and business-type fund financial statements in conformity with generally accepted accounting principles. The auditor shall also perform the tests and procedures involving required supplementary information required by the Governmental Accounting Standards Board (GASB) as mandated by generally accepted auditing standards. The City of Farmington also desires the firm to review the presentation of the statistical section of the financial statements insofar as current generally accepted auditing standards require such review. The auditor will be required to prepare the City of Farmington's Fire Relief Association's annual and audit reports as well as the Annual report which includes the Pension calculation. The auditor is not required to audit the schedule of expenditures of federal awards if such audit is not triggered by the threshold of funding received by the City for the fiscal period. B. Auditing Standards to be Followed To meet the requirements of this request for proposal, the audit shall be performed in accordance with generally accepting auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the US General Accounting Office's Government Auditing Standards (1994), the provisions of the Single Audit Act of1996 and the provisions of US Office of Management and Budget (OMB) Circular A-133. Financial statements will be held to the standards promulgated by the Government Accounting, Auditing and Financial Reporting edition effective for the year being audited. 3 22 C. Reports to be Issued Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue the following reports: 1. An Independent Auditor's Report expressing an opinion on the presentation of the financial statements in conformity with generally accepted accounting principles. 2. A Report on Compliance and on Internal Control over Financial Reporting based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. 3. An Independent Auditor's Report on Compliance with Requirements Applicable to Each Major Program and on Internal Control over Compliance in Accordance with OMB Circular A-133, if applicable. 4. A Report on Compliance with Minnesota Legal Compliance Audit Guide for Local Government. 5. An Audit Committee Letter In the required Report on Internal Controls, the auditor shall communicate any reportable conditions found during the audit. Reportable condition(s) shall be defined using the standards promulgated by the Statements of Auditing Standards (SAS) in effect for the fiscal year being audited. Non-reportable conditions discovered by the auditors shall be reported in the separate Audit Committee Letter, which shall be referred to in the Report on Internal Controls. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Manager. Reporting to the City Council. Auditors shall assure themselves that the City Council of the City of Farmington's City is informed of each of the following: . The auditor's responsibility under generally accepted auditing standards. . Significant accounting policies. . Management judgments and accounting estimates. . Significant audit adjustments. . Other information in documents containing audited financial statements. 4 23 · Disagreements with management. . Management consultation with other accountants. . Major issues discussed with management prior to retention. . Difficulties encountered in performing the audit. . All required reports for the Farmington Fire Relief Association. D. Special Conditions 1. The City of Farmington will send its comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will not be required to provide special assistance to the City of Farmington to meet the requirements of that program, other than to meet the new requirements for GASB 54 in the 2011 audit. However, the city will accept suggestions and assistance in this regard. 2. The schedule of expenditures of federal awards, if applicable, and related auditor's report, as well as the reports on the internal controls and compliance, are not to be included in the comprehensive annual financial report, but are to be issued separately. 3. The City currently anticipates it will prepare one or more official statements in connection with the sale of debt securities which will contain the general purpose financial statements and the auditor's report thereon. The auditor shall be required, if requested by the fiscal advisor and! or the underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters" as maybe required or requested. E. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the Auditor's expense, for a minimum of three (3) years following the issuance of an opinion, unless the firm is notified in writing by the City of Farmington of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: . City of Farmington . Federal Cognizant Agency . US General Accounting Office (GAD) . Parties designated by the federal or state governments or by the City of Farmington as part of an audit quality review process. . Auditors of entities of which the City of Farmington is a sub-recipient of grant funds. 5 24 In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. ID. DESCRIPTION OF THE GOVERNMENT A. Principal Contact The Auditor's principal contact with the City of Farmington will be the Finance Director, who will coordinate the assistance to be provided by the City of Farmington to the auditor. B. Background Information The City of Farmington is a southern suburban community located in Dakota County, within the Twin Cities metropolitan area and encompasses approximately 14.82 square miles. The 2010 census population of the City is 21,086. For 2011, the City has approximately 85 full time employees, a General Fund budget of $9.2 million with a total budget of approximately $20 million. City enterprise funds include water, sewer, storm water, and solid waste (garbage) utility funds as well as two city owned off-sale liquor stores. Inventory audit procedures will be required for liquor store operations. More information about the City can be obtained on our web site at www.cLfarrninaton.mn.us. Moody's Investors Service has assigned an AA- rating for city debt instruments. Farmington is organized under a Home Rule Charter in accordance with applicable Minnesota State Statutes. The City's governing body consists of a Mayor and four Council members, all elected at large. Council members serve overlapping terms of office. The present Mayor and Council members and there respective terms are: Todd larson Julie May Terry Donnelly Christy Jo Fogarty Jason Bartholomay Mayor Council Member Council Member Council Member Council Member December 31, 2012 December 31,2012 December 31,2012 December 31, 2014 December 31,2014 The City Administrator is responsible for the daily management of city business and the administration of policy as directed by the Council. The City is in the process of hiring a City Administrator. Kevin Schorzman is the interim City Administrator. He is also the City Engineer. 6 25 Teresa Walters has been with the City as the Finance Director since March 2010, and has overseen two audits with the City of Farmington. She was previously the Finance Director for the City ofWaseca and an Accountant for the City of Bloomington. C. Budgetary Basis of Accounting The City of Farmington prepares its budgets on a basis consistent with generally accepted accounting principles. D. PensionPIans The City of Farmington participates in the following pension plans: PERA - A defined benefit program with employer and employee contributions. Fire Relief Association - A defined benefit program with employer contributions. E. Component Units The City of Farmington is defined, for financial reporting purposes, in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2100. Using these criteria, one component units is included in the City of Farmington's financial statements. The management of the City of Farmington identified the following component unit for inclusion in the City of Farmington's financial statements: . Economic Development Authority of Farmington, Minnesota (EDA) The Farmington Fire Relief Association is a nonprofit organization that provides pensions and other benefits to its members in accordance with Minnesota Statutes. Its Board of Directors is elected by the membership. Although the association is able to fund its programs independently of the City, we would like a proposal for preparation of the Fire Reliefs financial report and Annual report which includes the Pension calculation. 7 26 F. Personnel Assigned The Finance Department is headed by the Finance Director and consists of three employees. The principal functions performed and the number of employees assigned to each are as follows: Function Accounting Technician Utility Billing Technician Number of Employees 1.5 1.5 G. Technology Infrastmctu.re: Optical fiber connects most city facilities to the central information processing facility located at City Hall. The City of Farmington is a member of LOG IS; a technology consortium of 26 cities that share hardware and software operations and equipment. Farmington has been a LOGIS member since 1996. The following finance related software applications are provided through LOGIS: . General Ledger . Budget . Payroll . Utility Billing . Permits . Special Assessments . Fire . Police . GIS . Parks and Recreation H. Internal Audit Function The City of Farmington does not maintain an independent internal audit function other than internal checks performed by the Finance Department. I. Availability of Prior Audit Reports and Working Papers Interested proposer's who wish to review prior years' audit reports and management letters should contact: Teresa Walters, Finance Director 430 Third Street Farmington Minnesota 55024 twalters@ci.farmington.mn.us 651-280-6880 8 27 The City of Farmington will assert its best efforts to make prior audit reports and supporting working papers available to proposers if requested. IV. TIME REQUIREMENTS A. Proposal Calendar Thursday, June 16,2011: Thursday, June 23,2011: Last date for submission of questions. Proposals to be submitted to the City. B. Schedule for the 2011 Fiscal Year Audit . Detailed Audit Plan: The auditor shall provide the City of Farmington both a detailed audit plan and a list of all schedules to be prepared by the City of Farmington no later than December 31, 2011. . Fieldwork: The auditor shall complete all fieldwork by March 31, 2012. A schedule for interim work, fieldwork and draft reports will be determined upon completion of the auditor selection process. A similar time schedule will be developed for audits of future fiscal years. C. Entrance Conference and Exit Conferences At a minimum the following conferences should be held by the dates indicated on the schedule. These dates may be changed by mutual agreement between the City of Farmington and the selected auditor. Week of JanuaI:y 9,2012: Entrance conference with City Administrator and Finance Director. The purpose of this meeting will be to discuss any potential audit problems and the interim work to be performed. This meeting will also be used to establish overall liaison for the audit and to make arrangements for work space and other needs of the auditor. Discussions of a preliminary audit could be discussed at this time. No Later than the Week of February 6,2012: Entrance conference with Finance Director to commence field audit work. No Later than the Week of May 7, 2012: Exit conference with City Administrator and Finance Director. The purpose of this meeting will be to summarize the results of the field work and to review results and findings. A time schedule will be developed for audits offuture fiscal years. 9 28 D. Date Final Report is Due The Finance Department shall prepare draft financial statements, notes and all required supplementary schedules and statistical data for the 2011 Fiscal Year by April 16, 2012. The auditor shall provide all recommendations, revisions and suggestions for improvement to the Finance Director no later than May 21,2012 for the audit of the 2011 Fiscal Year. A revised report, including draft auditor's report(s), shall be delivered to the Finance Director no later than June 1 of each year. The final report should be delivered to the Finance Director at 430 Third Street, Farmington, Minnesota 55024 V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Division and Clerical Assistance The finance division staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City ofFarrnington using the format provided by the auditor. B. Work Area The City of Farmington will provide the auditor with reasonable workspace, table and chairs. The auditor will also be provided with access to the Internet, a telephone, photocopying facilities and a fax machine. Access to the auditor's working network may be arranged with the Information Technology staff during field work. C. Report Preparation COMPREHENSNE ANNUAL FINANCIAL REPORT: Report preparation, editing, printing and binding shall be the responsibility of the City of Farmington. FARMINGTON RELIEF ASSOCIATION, the auditor will be required to work with the Fire Relief s treasurer in preparing both the annual and audit reports. ALL OTHER REPORTS: Report preparation, editing, printing and binding shall be the responsibility of the auditor. 10 29 VI. PROPOSAL REQUIRE:MENTS A. General Requirements Responses to this Request should include the following information in the order prescribed. Submissions must be received by 4:00 p.m. on Thursday, June 23, 2011 for a proposal/response to be considered by the City: . Title Page: Title page showing the request for proposal subject; the firm's name; the name, address and telephone number of the contact person; and the date of the proposal. · Table of Contents . Transmittal Letter: A signed letter of transmittal which briefly states the proposers' understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for the three year period. . Technical Proposal: The Technical Proposal should follow the order set forth in Section VI - B (below). . Dollar Cost Proposal: The Dollar Cost Proposal should follow the order set forth in Section VI. - C (below). . An executed copy of Proposer Warranties, attached to this Request for Proposal (Appendix A). Proposers should send nine (9) completed proposal packets to the following address: Teresa Walters Finance Director City of Farmington 430 Third Street Farmington, Minnesota 55024 Please mark the package as an "Audit RFP". B. Technical Proposal General Requirements: The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Farmington in conformity 11 30 with the requirements of this request for proposal. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specifY an audit approach that will meet the request for proposal requirements. The Technical Proposal should address all the points outlined in the request for proposal (excluding any cost information which should only be included in the sealed dollar cost bid). The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfY the requirements of the request for proposal. While additional data may be presented, the following items must be included. They represent the criteria against which the proposal will be evaluated. Ind~endence: The firm should provide an affirmative statement that it is independent of the City of Farmington as defined by generally accepted auditing standards the US General Accounting Office's Government Auditing Standards (1994). The firm also should provide an affirmative statement that it is independent of all of the component units and the Fire Relief Association of the City of Farmington as defined by those same standards. The firm should also list and describe the firm's professional relationships involving the City of Farmington or its component unit for the past five years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City of Farmington written notice of any professional relationships entered into during the period of this agreement. License to Practice in Minnesota: An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in Minnesota. Firm Qualifications and EJq)erience: The proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. The firm shall also provide information on the results of any federal or state desk review of field reviews of its audits during the past three (3) years, In addition, the firm. shall provide information on the circumstances and status 12 31 of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. Partner, Supervisory and Staff Qualifications and EJq>erience: Identify the principal supervisory and management staff, including engagement partner, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person. Provide information regarding the number, qualifications and experience of the specific staff to be assigned to this engagement. Indicate how the quality of the staff, over the term of the engagement, will be assured. The proposer should identify the extent to which staff to be assigned to the audit reflect the City of Farmington's commitment to Affirmative Action. Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or are assigned to another office. Consultants and firm specialists mentioned in response to this request for proposal can only be changed with the express prior written pemlission of the City of Farmington, which retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience. Prior Engagements with the City of Farmington: List separately all engagements within the last five years, ranked on the basis of total staff hours, for the City of Farmington by type of engagement (Le., audit, management advisory services, other). Indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed and the name and telephone number of the principal client contact. Similar Engagements with Other Government Entities: For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum-five) performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours and the name and telephone number of the principal client contact. For city engagements, indicate whether or not the Comprehensive Annual Financial Report received the GFOA Certificate of Achievement for the most recent audit 13 32 Specific Audit Approach: The proposal should set forth a work plan, including an explanation of the audit methodology to be followed to perform the services required in Section IT of this request for proposal. In developing the work plan, reference should be made to such sources of information as the City of Farmington's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Proposers will be required to provide the following information on their audit approach: · Proposed segmentation of the engagement · Level of staff and number of hours to be assigned to each proposed segment of the engagement · Sample size and the extent to which statistical sampling is to be used in the engagement · Extent of use ofEDP software in the engagement · Type and extent of analytical procedures to be used in the engagement · Approach to be taken to gain and document an understanding of the City of Farmington's internal control structure · Approach to be taken in determining laws and regulations that will be subject to audit test work · Approach to be taken in drawing audit samples for purposes of tests of compliance Identification of Anticipated Potential Audit Problems: The proposal should identifY and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City of Farmington. R~ort Format: The proposal should include sample formats for required reports. C. Sealed Dollar Cost Proposal Total All-Inclusive Maximum Price: The sealed dollar cost proposed should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. 14 33 The City of Farmington will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs should not be included in the proposal. The following information should be included in the Dollar Cost Proposal: · Name of Firm · Certification that the person signing the proposal is entitled to represent the empowered to submit the bid, and authorized to sign a contract with the City of Farmington. · A total all-inclusive Maximum Price for each year of the three (3) year engagement which shall include: · Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each · A schedule of professional fees and expenses, presented in the format provided in the attachment Appendix B, which supports the total all- inclusive maximum price for each year. The cost of special services should be disclosed as separate components of the total all- inclusive maximum price. · Out-of-pocket Expenses Included in the Total All-inclusive Maximum · Price and Reimbursement Rates: All reimbursable expenses by category as included in the total all-inclusive maximum price submitted by the firm. · Rates for Additional Professional Services: If it should become necessary for City of Farmington to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between City of Farmington and the firm. Any such additional work agreed to between City of Farmington and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the sealed dollar cost bid. · Manner of Payment: The City expects that progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of..pocket expenses incurred in accordance with the firm's dollar cost proposal. Interim billing shall cover a period of not less than a calendar month. Payment of the final billing will be held by the City pending the delivery of the firm's final reports. · The pricing for the Farmington Fire Relief Association should also be included separately in the fee proposal schedule in Appendix C. 15 34 VIT. EVALUATION PROCEDURES A. Review of Proposal The City of Farmington reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. B. Evaluation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated for both technical qualifications and price. The selection process will include, but not be limited to, the following criteria: 1. Mandatory Elements · The audit firm is independent and licensed to practice in Minnesota. · The firm has no conflict of interest with regard to any other work performed by the firm for the City of Farmington. · The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal. · The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work. 2. Technical Quality · Expertise and Experience o The firm's past experience and performance on comparable government engagements. o The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation o The firm's expertise with the GFOA Certificate of Achievement in Financial Reporting. o The firm's expertise with Fire Relief Association Audits and report preparation. · Audit Approach o Adequacy of proposed staffing plan for various segments of the engagement o Adequacy of sampling techniques o Adequacy of analytical procedures 3. Price 16 35 · Cost will be a factor in the selection of an audit firm. However, price will not be the dominating factor in the selection process. C. Oral Presentation During the evaluation process, the City may, at its discretion, request anyone or all firms to make oral presentations. Such presentation will provide firms with an opportunity to answer any questions the Finance Director or her designee(s) may have on a firm's proposal. Not all firms may be asked to make such oral presentations. D. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Farmington and the firm selected. The City of Farmington reserves the right without prejudice to reject any or all proposals. E.Disclaimer There is no expressed or implied obligation for the City of Farmington to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. 17 36 APPENDIX A CITY OF FARMINGTON PROPOSER WARRANTIES A. Proposer warrants that it is willing and able to comply with State of Minnesota laws with respect to foreign (non-state of Minnesota) corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Farmington. D. Proposer warrants that all information provided in connection with this proposal is true and accurate. E. The proposer certifies that it can and will provide and make available at a minimum, all services set forth in Section II, Nature of Services Required. Signature of Official: Name (typed): Title: Firm: Date: 18 37 APPENDIX B CITY OF FARMINGTON SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2011 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Partners Standard Quoted Hourly Hourly Hours Rates Rates Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Managers Subtotal Out-of-Pocket E enses Meals and Lod in $ 19 38 APPENDIX B CITY OF FARMINGTON SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2012 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners $ $ $ Managers $ $ $ Supervisory Staff $ $ $ Other (Specify) $ $ $ Subtotal $ $ $ Out-of-Pocket ': ExPenses $ Meals and Lodeine $ Transportation $ Other (Specify) $ Total AlI- inclusive Price for 2012 Audit Services $ 20 39 APPENDIX B CITY OF FARMINGTON SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2013 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage ofthe standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners $ $ $ Managers $ $ $ Supervisory Staff $ $ $ Other (Specify) $ $ $ Subtotal $ $ $ Out-of-Pocket ExPenses $ Meals and Lode:ine: . $ Transportation ,~~. $ Other (Specify) $ Total AlI- inclusive Price for 2013 Audit Services $ 21 40 APPENDIX C FARMINGTON FIRE RELIEF ASSOCIATION SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2011 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage ofthe standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners S S S Managers S S S Supervisory Staff S S S Other (Specify) S S S Subtotal S S S Out-of-Pocket III Expenses S Meals and Lode:ine: S Transportation $ Other (Specify) . S Total AlI- ;.~! inclusive Price for 2011 Audit ;!lill Services S , 22 41 APPENDIX C FARMINGTON FIRE RELIEF ASSOCIATION SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2012 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Standard Quoted Hourly Hourly Hours Rates Rates Total Partners $ $ $ Managers $ $ $ Supervisory Staff $ $ $ Other (Specify) $ $ $ Subtotal $ $ $ Out-of-Pocket Expenses f, $ Meals and Lodldne: $ Transportation $ Other (Specify) $ Total AlI- inclusive Price for 2012 Audit > Services $ '" f 23 42 APPENDIX C FARMINGTON FIRE RELIEF ASSOCIATION SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2013 FINANCIAL STATEMENTS NOTE: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Subtotal Out-of-Pocket E enses Meals and Lod in Standard Quoted Hourly Hourly Hours Rates Rates Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Partners Managers Supervisory Staff Other (S eci ) Trans ortation Other S ec' Total AlI- inclusive Price for 2013 Audit Services 24 43 7e~ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 ww..v.ci.f.mningtlm. mTI.LL'1 TO: Mayor, Council Members City Administrator FROM: Tony Wippler, Assistant City Planner SUBJECT: Adopt Ordinance Amending Section 10-5-8 of the City Code Conditionally Allowing Churches in the R-3 (Medium Density Residential) Zoning District DATE: May 16, 2011 INTRODUCTION I DISCUSSION Churches are currently conditionally allowed in all residential zoning districts except for the R-3 (Medium Density Residential) district. The R-3 district is the City's town home district and allows for residential densities between 6.0 - 12.0 units per acre. It seems appropriate that if churches are conditionally allowed in all other residentially zoned properties that they should be conditionally allowed in the R-3 zone as well for consistency purposes. Planning Commission review The Planning Commission held a public hearing concerning this ordinance amendment at its regular meeting on May 10, 2011 and recommended approval of the amendment with a vote of 4-0. ACTION REOUESTED Adopt the attached ordinance amending Section 10-5-8 of the City Code to conditionally allow churches in the R-3 Zoning District. Respectfully Submitted, Tony Wippler, Assistant City Planner 44 ", '. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO.011-632 AN ORDINANCE AMENDING SECTION 10-5-8(C)2 OF THE ZONING CODE CONDITIONALLY ALLOWING CHURCHES WITHIN THE R-3 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-5-8(C)2 is amended by adding the underlined language below as follows: 10-5-8: R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT: (A) Purpose: The R-3 medium density residential district designates areas ofthe city for development oftownhomes in areas with access to jobs, services, public facilities and transit and that are served with full public utilities and a residential density of between 6.0 and 12.0 units per acre. (B) Bulk And Density Standards: 1. Standards: 15,000 square feet feet Rear yard setback I I 100 feet I, r----,------------- I 25 feet r- rw feet-- r-110 feet I Townhouse Front yard setback Two-family and townhouse 45 feet Height (maximum): Maximum lot coverage of all structures 30 percent Net dwelling units per acre (minimum - maximum) 6.0 12.0 All standards are minimum requirements unless noted. (Ord. 009-610, 10-19-2009) ).; 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: f- r Detached garages Storage shed r-fL;~ser of 1,000 square feet or square feet of principal structure 240 square feet 1,800 square feet Apartment Building permit Any accessory structure over 120 square feet requires a building permit The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 6 feet Rear yard setback: feet r--.~~-~-~+'-~-~--"_."-'*'-"-"-'-"""-"'--W"-'>" ,-- With alley Without alley Height (maximum) storage shed ----..1----.-----.--------.--- I . 12 feet r 20 fuel I Height (maximum) detached garage All standards are minimum requirements unless noted. (Ord. 009-607, 8-3-2009) 3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50') from the planned right of way line. (C) Uses: 1. Permitted: Daycare facilities, in home. Dwellings, townhouse. Group daycare, 12 or less persons. Group home, 6 or less persons. Public parks and playgrounds. 2. Conditional: Churches ", . . Group daycare, 13 to 16 persons. Group home, 7 to 16 persons. Group homes, commercial. Manufactured homes. Public and parochial schools. Public buildings. Public utility buildings. 3. Accessory: Accessory structures. Home occupations. Solar energy systems. (Ord. 002-469,2-19-2002) SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 16th day of May. 2011, by the City Council of the City of Farmington. CITY OF FARMING:~~ By: ~ ~-..s=- Todd Larson, Mayor SEAL ATTEST: Approved as to form the~~day of May 201 1. ,C7_~ ~-e BV7;; AtZr -f~ Published in the Farmington Independent the a~ day of ,h?~ ' 2011. ., '". "., CITY OF FARMINGTON DAKOTACOUNTY,MITNNESOTA SUMMARY OF ORDINANCE NO. 011-632 AN ORDINANCE AMENDING SECTION 10-5-8(C)2 OF THE ZONING CODE CONDITIONALLY ALLOWING CHURCHES WITHIN THE R-3 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT NOTICE IS HEREBY GIVEN that, on May 16,2011, Ordinance No. 011-632 was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 011-632, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the intent of the ordinance is to conditionally allow churches within the R-3 (medium density residential) zoning district. 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CO) ~ ::l :i: :i: .... w co W W CIJ .... 0:: .... 0:: 0:: III t " clo .., .., ::l ::l 0 ..... N 8- '" "" ::l ": ... '<t; .... ..... ~ l!! o ~ ...: ..... ~ ~ g cd ~ N .., .., '0 ~ '" 0, "', ..... t: .... > ~ E (; c 0 j CIJ .... .... a .... .... 0 co co ~ !:! -' 11 ~I CO) ::!: ia ia => J:: () ~ Iii 10 CD () ~I CD CD .... 11 li co .., 0 CD .., .... .... 0:: Z .c .... .... () ~~ City of Farmington 430 Third Street Farmington, l\.1inncsota 651.280.6800. Fax 651.280.6899 www.ci.t~LJmillgtlm.mll.L1l<i TO: Mayor, Council Members City Administrator FROM: Tony Wippler, Assistant City Planner SUBJECT: Consider Resolution - Designating Farmington Heritage Landmarks DATE: May 16,2011 DISCUSSION In 2009 City Council approved a Certified Local Government Grant so the Heritage Preservation Commission (HPC) could complete a minimum of five Heritage Landmark Planning Reports for possible landmark designations. The first three properties to be designated are: . The Jensen House -708 3rd Street . The Schmidke House -719 3rd Street . The Miller House - 621 3rd Street The HPC has determined that the properties at 708 3rd Street, 719 3rd Street and 621 3rd Street meet the eligibility criteria for designation as Farmington Heritage Landmarks under City Code 2-11-4(A). The HPC has submitted documentation supporting the Heritage Landmark designation of these properties in the reports previously mentioned, as prepared by Robert Vogel, and the documents have been forwarded to the Minnesota Historical Society for review. The property owners have reviewed the documents and given approval to the HPC to move forward with the designation process. ACTION REOUESTED Adopt a resolution designating the Jensen House (708 3rd St), Schmidke House (719 3rd St) and the Miller House (621 3rd St) as Farmington Heritage Landmarks on the Official Zoning Map. Respectfully submitted, Tony Wippler, Assistant City Planner Cc: Gregory and Julayne Miller, 621 3rd Street Lyle and Peggy Schmidke, 719 3rd Street Bruce and Ann Jensen, 708 3rd Street Robert Vogel, HPC Consultant HPC Members 70 RESOLUTION NO. R25-11 DESIGNATING THE MILLER HOUSE (621 3RD ST) AND THE JENSEN HOUSE (708 3RD ST) AS FARMINGTON HERITAGE LANDMARKS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of May 2011 at 7:00 p.m. Members Present: Larson, Bartholomay, Fogarty, May Members Absent: Donnelly Member Fogarty introduced and Member May seconded the following: WHEREAS, the Farmington City Council has declared as a matter of public policy that the preservation, protection, perpetuation, and use of significant historic properties is a matter of public necessity; and, WHEREAS, the Heritage Preservation Commission has determined that the following properties and/or buildings meet the eligibility criteria for designation as Farmington Heritage Landmarks under City Code 2-11-4(A): 1. The Jensen House -708 3rd Street 2. The Miller House - 621 3rd Street and, WHEREAS, the Heritage Preservation Commission has submitted documentation supporting Heritage Landmark designation for the aforementioned properties and/or buildings in reports prepared by Robert C. Vogel, Preservation Planning Consultant, dated July 2010; and, WHEREAS, the Minnesota Historical Society is expected to comment favorably on the proposed landmark designations; and, WHEREAS, a public hearing on the proposed landmark designations was held in the City Council Chambers in the City Hall on May 16, 2011. NOW, THEREFORE, BE IT RESOLVED that: 1. The following properties and/or buildings be designated as Farmington Heritage landmarks and noted as such on the Official City Zoning Map: a) The Jensen House - 708 3rd Street b) The Miller House - 621 3rd Street This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of May 2011. ..f~ Attested to the J~ day of ~~ SEAL -~~ Mayor !L 2011 / House, 621 Third Street HERITAGE LANDMARK PLANNING REPORT Prepared by Robert C. Vogel Preservation Planning Consultant July 2010 (DRAFT) INTRODUCTION This report documents the historical and architectural significance of the historic house located at 621 Third Street. The report makes the case for the subject property's eligibility for designation as a Farmington Heritage Landmark pursuant to ~2-11-4 of the City Code. Farmington Heritage Landmarks are buildings, sites, structures and districts that have been so designated by the City Council in recognition of their historical, architectural, archaeological or cultural significance. Properties are nominated for landmark designation by the Heritage Preservation Commission (HPC). Once a property has been designated a Farmington Heritage Landmark by the City Council, this report becomes part of the official designation record. ADMINISTRATIVE DATA Name of property: House Property owner: Gregory and Julayne Miller, 621 Third Street, Farmington, MN 55024. Location: 621 Third Street PIN: 14-49000-030-35 HPC determination of eligibility: The Farmington Heritage Preservation Commission has evaluated the historic property and found that it meets the Heritage Landmark eligibility criteria. Resource classification: For preservation planning purposes, the subject property is considered a historic building. Historic function/use: Domestic: single dwelling Current function/use: Domestic: single dwelling DESCRIPTION Architectural classification: The subject property has been classified as an example of the vernacular American Foursquare house type. Year built: 1910 (from Dakota County Assessor's Office) Page 1 73 House, 621 Third Street Principal exterior materials: Foundation: concrete block. Exterior walls: wood lap siding. Roof: asphalt shingles. Boundaries: The boundaries of the heritage landmark are the lot lines that encompass the house, outbuildings and grounds historically associated with the property. Narrative Description: The subject property is a two-story, frame, vernacular American Foursquare type house with a modified rectangular ground plan (slightly deeper than wide), a pyramidal (equilateral hipped) roof, an enclosed front entry porch, and a one-story rear addition. The exterior walls are finished with horizontal wood lap siding and the roof covering is asphalt shingles. The roof has wide projecting eaves, a feature that is echoed by the porch roof. The enclosed, full-width front porch has the same lap siding, corner trim boards and fascia as the core of the house; the entrance is off-center and the double- hung porch windows (four wide windows across the front with two narrower windows on the sides) have been fitted with'aluminum combination storms and screens. The house has large cottage windows on the first floor fa9ade (behind the porch) and 1/1 double- hung sash on the second-story and side elevations. The fa9ade is characteristically plain; however, the comer trim boards, projecting porch, and asymmetrical placement of the front door help to break up the otherwise boxy profile. The interior plan was originally two rooms wide, two rooms deep, and the front door opened directly into the living room, with a straight-flight stairway to the second floor. As presently configured, the house contains four bedrooms and two-and-a-half baths. The property is in an excellent state of preservation and the exterior has been altered very little from its original appearance. The house sits on a standard-sized (60 by 170 ft., .23 acre) lot in M. Moe's Addition (part of the Ice House Historic Preservation Planning Area); Landscaping consists of some ornamental trees (both deciduous and coniferous), a mature side-yard hedge, and foundation plantings. There is a large frame detached garage (not considered historic) behind the house that is accessed from the alley. EV ALUA liON OF SIGNIFICANCE Applicable Heritage Landmark criteria: The subject property is eligible for heritage landmark designation because of its association with events that have made a significant contribution to the broad patterns of local history and its embodiment of distinctive architectural characteristics. Local historic context: Domestic Architecture and the Development of Residential Neighborhoods (1864-1950). Areas of historical significance: The subject property is locally significant in the areas of architecture (vernacular) and settlement (neighborhood development). Pag74 House, 621 Third Street - ~.. &,...{J _. Significant dates: The subject property attained historical significance when it was built in 1910. Architect/builder: The name of the builder is not known. Narrative Statement of Significance The historic preservation value of this house is the product of its association with the broad pattern of residential development in one of Farmington's oldest neighborhoods. M. Moes' addition to the original plat of Farmington was platted in 1897, when Farmington was growing very rapidly (the village population more than doubled between 1890 and 1920). Neighborhood development was spurred by the expansion of commercial agriculture and the shift in the distribution of population from rural areas to towns and cities. The subject property was built in the midst of a lengthy period of more or less continuous economic prosperity that lasted from about 1895 until 1930. The house at 621 Third Street is a notable, well preserved example of the American Foursquare house type, an important vernacular cottage form that was popular nation- wide and locally from the 1890s through the 1920s. It possesses the distinctive design characteristics of the vernacular foursquare cottage prototype (sometimes referred to as the "Cubic" or "Prairie" house form) described by architectural historians: two story height, symmetrical massing, hip roof with overhanging eaves, wood lap wall cladding with cornerboards, double-hung windows, and the front porch extending across the entire faQade. It bears some resemblance to the foursquare plan pre-cut homes marketed by Sears, Aladdin and other mail-order outlets, but was probably custom-built based on a pattern book design adapted by a local carpenter or building contractor. The two-story cubic cottage with a pyramidal hip or cross-gabled roof was popular in Farmington, where several dozen were built in the village and on surrounding farmsteads during the first two decades of the twentieth century. While some local examples are embellished with eye-catching decorative detailing borrowed from the Colonial, Tudor, or Craftsman styles, most were spacious but plain houses like this one. The house's plan and materials reflect the functions and technologies, as well as the aesthetics of post-Victorian era domestic life. The lumber, trim, concrete, sash and doors, flooring, moldings, and fixtures would have all been readily available at a local lumber yard and hardware store. As built, it would have been equipped with all the modern conveniences available in 1910, including indoor plumbing, central heating (originally coal-burning), and roomy, well ventilated rooms with plenty of large windows for day-lighting. Electrical and telephone service would have been available within a decade after the house was first occupied. The appropriate treatment concept for the subject property is rehabilitation, which is defined as the process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. The significant historic character defining features of the house are its symmetrical massing, horizontal wooden siding, pyramidal hip roof shape, full-width Pag,~ House, 621 Third Street front porch, fenestration, and double-hung sash windows. These features should be treated with sensitivity. New structural additions and adjacent new construction should be kept to a minimum and placed where it does not substantially alter the appearance of the property from the street; and any new work should be designed to be compatible in scale, massing, building materials, and texture with the historic house. BIBLIOGRAPHY Dakota County Office of Geographic Information Systems. Property tax assessment records. Accessed online. Farmington (Dakota Co.), Minn. New York City: Sanborn Map Co., 1910, 1917 and 1928. [Fire insurance map] Vogel, Robert C. "Historic Resources Survey: Feely Farm, th Street, Ice House and Sunnyside Historic Preservation Planning Areas, City of Farmington, Minnesota." Unpublished report prepared for the Heritage Preservation Commission, August 2009. ADDITIONAL DOCUMENTA liON The following documents are attached to this report: 1. Map and air photo showing the location of subject property 2. Photographic views showing existing conditions Pag,g - House, 621 Third Street I- CO C E% r"J Pag,ji House, 621 Third Street ..:.-""'~= ~~ ~'-- - Pag,~ House, 621 Third Street ,.., -~"..."...~~ ~ House, 708 Third Street HERITAGE LANDMARK PLANNING REPORT Prepared by Robert C. Vogel Preservation Planning Consultant July 2010 (DRAFT) INTRODUCTION - This report documents the historical and architectural significance of the historic house located at 708 Third Street. The report makes the case for the subject property's eligibility for designation as a Farmington Heritage Landmark pursuant to ~2-11-4 of the City Code. Farmington Heritage Landmarks are buildings, sites, structures and districts that have been so designated by the City Council in recognition of their historical, architectural, archaeological or cultural significance. Properties are nominated for landmark designation by the Heritage Preservation Commission (HPC). Once a property has been designated a Farmington Heritage Landmark by the City Council, this report becomes part of the official designation record. ADMINISTRATIVE DATA Name of property: House. Property owner: Bruce R. and Ann N. Jensen, 708 Third Street, Farmington, MN 55024. Location: 708 Third Street PIN: 14-49000-070-34 HPC determination of eligibility: The Farmington Heritage Preservation Commission has evaluated the historic property and found that it meets the Heritage Landmark eligibility criteria. Resource classification: For preservation planning purposes, the subject property is considered a historic building. Historic function/use: Domestic: single dwelling. Current function/use: Domestic: single dwelling. DESCRIPTION Architectural classification: The subject property has been classified as an example of the vernacular American Foursquare house type. Year built: 1918 (from Dakota County Assessor's Office). Page 1 82 House, 708 Third Street Principal exterior materials: Foundation: concrete block. Exterior walls: wood lap siding. Roof: asphalt shingles. Boundaries: The boundaries of the heritage landmark are the lot lines that encompass the house, outbuildings and grounds historically associated with the property. Narrative Description The subject property is a two-story, frame, vernacular American Foursquare type house with a modified rectangular ground plan, a pyramidal (equilateral hipped) roof, an enclosed front entry porch, and a large enclosed back porch. The exterior walls are finished with horizontal wood siding, with wide lap siding on the first story topped by narrow clapboard siding on the second story, separated by a narrow band of trim. The asphalt-shingled roof has wide projecting eaves and a small triangular attic dormer with a fixed window and segmental glazing. The enclosed, full-width, screened front porch has the same wide lap siding as the first story walls and its hip roof is supported by simple, square wooden posts. Despite the overall emphasis on geometrical symmetry, the first-story window and door treatment is asymmetrical, featuring an off-center entrance that allows for a ribbon of three 1/1 double-hung sash living room windows; the pattern of fenestration on the second story is symmetrical and features another three- part ribbon window placed directly in the center of the fa~ade, with single 1/1 windows on the side elevations. The simple rectangular bay window that projects from the south wall is fitted with a pair of double-hung sash that provide natural light and a view of the outdoors. The living room has a side-facing "piano window" consisting of two narrow 1/1 double-hung sash flanking a row of three square fixed casement windows. The fa~ade is characteristically plain; however, the cornerboards, projecting porch, side- facing bay window, and the asymmetrical placement of the front doorway help to break up the otherwise boxy profile. The interior plan was originally two rooms wide and two rooms deep, with the front door opening directly into the living room, with a straight-flight stairway to the second floor. As presently configured, the house contains three bedrooms and two baths. The property is in an excellent state of preservation and the exterior has been altered very little from its original appearance. The house occupies a standard-sized 60 by 171-foot (.24 acres) lot in M. Moe's Addition (part 'of the Ice House Historic Preservation Planning Area). Landscaping consists of deciduous and coniferous ornamental trees and shrubs and some foundation plantings. There is a two-car frame detached garage (not considered historic) behind the house that is accessed from the alley. EVALUATION OF SIGNIFICANCE Applicable Heritage Landmark criteria: The subject property is eligible for heritage landmark designation because of its association with events that have made a significant contribution to the broad patterns of local history and its embodiment of distinctive architectural characteristics. Page 2 83 House, 708 Third Street Local historic context: Domestic Architecture and the Development of Residential Neighborhoods (1864-1950). Area(s) of historical significance: The subject property is locally significant in the areas of architecture (vernacular) and settlement (neighborhood development). Significant dates: The subject property attained historical significance when it was built in 1918. Architect/builder: The name of the builder is not known. Narrative Statement of Significance The historic preservation value of this house is the product of its association with the broad pattern of residential development in one of Farmington's oldest residential neighborhoods. M. Moe's Addition to the original village of Farmington was platted in 1897, when Farmington was growing very rapidly (the population more than doubled between 1890 and 1920). Neighborhood development was spurred by the expansion of commercial agriculture and the shift in the distribution of population from rural areas to towns and cities. The subject property was built in the midst of a lengthy period of more or less continuous economic prosperity that lasted from about 1895 until 1930. The house at 708 Third Street is a notable, well preserved example of the American Foursquare house type, an important vernacular cottage form that was popular nation- wide and locally from the 1890s through the 1920s. It possesses the distinctive design characteristics of the vernacular foursquare cottage prototype (sometimes referred to as the "Cubic" or "Prairie" house form) described by architectural historians: two story height, symmetrical massing, hip roof with overhanging eaves, wood lap wall cladding with cornerboards, double-hung windows, and the front porch extending across the entire faoade. The roof profile, with its deeply overhanging, unenclosed eaves, shows the influence of the Prairie Style, while the subtle variation in reveal between the siding on the upper and lower wall surfaces Is a common Craftsman Style (American Arts and Crafts Movement) decorative trait. Overall, it bears some resemblance to the foursquare plan pre-cut homes marketed by Sears, Aladdin and other mail-order catalog outlets, but was probably custom-built based on a pattern book design adapted by a local carpenter or building contractor. The two-story cubic cottage with a pyramidal hip or cross-gabled roof was popular in Farmington, where several dozen were built in the village and on farmsteads during the first two decades of the twentieth century. While some local examples are embellished with eye-catching decorative detailing borrowed from the Colonial, Tudor, or Craftsman styles, most were spacious but comparatively plain houses like this one. The house's plan and materials reflect the functions and technologies, as well as the aesthetics of post-Victorian era domestic life. The lumber, trim, concrete, sash and doors, flooring, moldings, and fixtures would have all been readily available at any local lumber yard or hardware store. As built, it would have been equipped with all the modern conveniences available in 1918, including indoor Page 3 84 House} 708 Third Street ..""- plumbing, central heating (originally coal-burning), and roomy, well ventilated rooms with plenty of large windows for day-lighting. Electrical and telephone service would have been available around the time the house was first occupied. The appropriate treatment concept for the subject property is rehabilitation, which is defined as the process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. The significant historic character defining features of the house are its symmetrical massing, horizontal wooden siding with contrasting widths between the first and second stories, pyramidal hip roof shape, attic dormer, full-width front porch, fenestration (particularly the side-facing bay and piano windows), and double-hung sash windows. These features should be treated with sensitivity. New structural additions and adjacent new construction should be kept to a minimum and placed where it does not substantiaily alter the appearance of the property from the street; and any new work should be designed to be compatible in scale, massing, building materials, and texture with the historic house. BIBLIOGRAPHY Dakota County Office of Geographic Information Systems. Property tax assessment records. Accessed online. Farmington (Dakota Co.), Minn. New York City: Sanborn Map Co., 1928. [Fire insurance map] Vogel, Robert C. "Historic Resources Survey: Feely Farm, 7th Street, Ice House and Sunnyside Historic Preservation Planning Areas, City of Farmington, Minnesota." Unpublished report prepared for the Heritage Preservation Commission, August 2009. A.DDITIONAL DOCUMENTA liON The following documents are attached to this report: 1. Map and air photo showing the location of the subject property 2. Photographic views showing existing conditions Page 4 85 House, 708 Third Street '" --:0 ..------ 0...... --- ',,- Q -- 1 CJ G Co 1 pag~~ -- House, 708 Third Street _ .__c_ =-< ~. ~ Pag~~ House, 719 Third Street HERITAGE LANDMARK PLANNING REPORT Prepared by Robert C. Vogel Preservation Planning Consultant July 2010 (DRAFT) INTRODUCTION This report documents the historical and architectural significance of the historic house at 719 Third Street. The report makes the case for the subject property's eligibility for designation as a Farmington Heritage Landmark pursuant to ~2-11-4 of the City Code. Farmington Heritage Landmarks are buildings, sites, structures and districts that have been so designated by the City Council in recognition of their historical, architectural, archaeological or cultural significance. Properties are nominated for landmark designation by the Heritage Preservation Commission (HPC). Once a property has been designated a Farmington Heritage Landmark by the City Council, this report becomes part of the official designation record. ADMINISTRATIVE DATA Name of property: House [no historic name]. Property owner: Lyle J. and Peggy Schmidke, 719 Third Street, Farmington, MN 55024. Location: 719 Third Street. PIN: 14-49000-100-35' HPC determination of eligibility: The Farmington Heritage Preservation Commission has evaluated the historic property and found that it meets the Heritage Landmark eligibility criteria. Resource classification: For preservation planning purposes, the subject property is considered a historic building. Historic function/use: Domestic: single dwelling. Current function/use: Domestic: single dwelling. DESCRIPTION Architectural classification: The subject property has been classified as an example of the vernacular Bungalow house type. Year built: 1920 (from Dakota County Assessor's Office). Pag~~ House, 719 Third Street -..."..~........,,"'""---.........""""'~- -. .- ~ -=~~,." -.,..- -~ - -" ~~'"' < -""'" ""'",,..-..,....."""-=~="'.""'-" - - ,. ~-~ "".....,-. "-." ~~~ ~ Principal exterior materials: Foundation: concrete block. Exterior walls: wood lap siding. Roof: asphalt shingles. Boundaries: The boundaries of the heritage landmark are the lot lines that encompass the house, outbuildings and grounds historically associated with the property. Narrative Description The subject property is a one-and-one-half story, frame vernacular bungalow with a linear plan, a gable roof, an enclosed front porch, and a small enclosed back porch. The exterior walls are sided with narrow clapboards and the house rests upon a continuous masonry foundation. The medium-pitch, front-gabled roof is articulated with non-functional knee-braces on the front and exposed rafter-tails along the eaves. The gable-end features a grouping of three double-hung windows and the wall surface is covered with machine-sawn wood shingles in a fish-scale pattern. Spanning the width of the house and sharing its primary roof, the front porch projects in front of the main living area and is conspicuous for its continuous band of 1/1 double-hung sash windows. The front foundation wall is finished with cobblestones and the cast-in-place concrete entry steps are flanked by a pair of cobblestone bollards that serve as pedestals for planter urns. The exposed foundation walls on the side and rear elevations are faced with rusticated (Le., rock-faced) concrete block and there is a full basement. There is a high proportion of window to wall area on all elevations, with vertically proportioned 1/1 double-hung sash occurring in single, double and triple compositions. These "bungalow" type windows have vertically divided lights in the upper sash and ,a single pan~ of glass in the bottom sash. Overall, the house is visually compact, with an emphasis on the horizontal in its proportions, and it was obviously carefully designed to take maximum advantage of the sight-lines afforded by the small corner lot. On the interior, it has an informal, open floor plan, with built-in furniture and hardwood floors. Most of the living area is located on the ground floor. The front door opens. directly into the living room and the back porch provides access to the kitchen, with a side door facing Maple Street. As presently configured, the house contains three bedrooms and a bath. The property is in an excellent state of preservation and the exterior has been altered very little from its, original appearance. The house occupies a 60 by 171 foot (.24 acres) corner lot in M. Moe's Addition (part of the Ice House Historic Preservation Planning Area). Landscaping consists of shade trees and foundation plantings; the backyard and south side-yard are enclosed by a wood picket fence. There is a frame detached garage with a pyramidal hip roof and cupola located behind the house that contributes to the historic character of the property. EV ALUA ilON OF SIGNIFICANCE pagego House, 719 Third Street Applicable Heritage landmark criteria: The subject property is eligible for heritage landmark designation because of its association with events that have made a significant contribution to the broad patterns of local history and its embodiment of distinctive architectural characteristics. local historic context: Domestic Architecture and the Development of Residential Neighborhoods (1864-1950). Areas of historical significance: The subject property is locally significant in the areas of architecture (vernacular) and settlement (neighborhood development). Significant'dates: The subject property attained historical significance when it was built in 1920 Architect/builder: The name of the builder is not known. Narrative Statement of Significance The historic preservation value of this house is the product of its association with the broad pattern of residential development in one of Farmington's oldest residential neighborhoods. M. Moe's Addition to the original village of Farmington was platted in 1897, when Farmington was growing very rapidly (the population more than doubled between 1890 and 1920). Neighborhood development was spurred by the expansion of commercial agriculture and the shift in the distribution of population from rural areas to towns and cities. The subject property was built in the midst of a lengthy period of more or less continuous economic prosperity that lasted from about 1895 until 1930. The house at 719 Third Street is a notable, well preserved example of the Bungalow, an important vernacular house type that was popular nation-wide and locally from the early 1900s through the 1920s. The bungalow represented a revolutionary departure from traditional cottage architecture by providing affordable living space with all the modern conveniences (central heating, indoor plumbing, hardwood floors, built-in cabinetry and furniture). Aesthetically, bungalows reflected the Craftsman aesthetic of the American Arts and Crafts Movement, which developed in southern California around 1900 and spread eastward across the country, contributing to major residential design and suburban lifestyle changes. Farmington bungalows are usually one or one-and-one-half stories in height, with low-pitched gable or hip roofs, relatively plain, and sided with clapboards or stucco. This particular bungalow is conspicuous for its broad front porch, which was originally designed to function as a summer sleeping porch and all-season social space-from a design perspective, it serves as a visual metaphor for the "outdoor living" concept espoused by Gustav Stickley in The Craftsman magazine (published 1895 to 1916). It is likely that it was built from a standard bungalow plan printed in a magazine or architectural pattern-book; local builders were also adept at generating their own exterior and floor plan variations. The lumber, trim, concrete, sash and doors, flooring, moldings, and fixtures would all have been readily available at any local lumber yard or hardware store. As built, the house was equipped with all the modern pag~~ Housel 719 Third Street =,,,-',...,,,"-"""'-'" -"'->- ~~ .,..~ ..""",,,, .....,.,......-" conveniences available in 1920, including indoor plumbing, central heating (originally coal-burning), and roomy, well ventilated rooms with plenty of large windows for day- lighting. Electrical and telephone service would have been available when the house was first occupied. The appropriate treatment concept for the subject property is rehabilitation, which is . defined as the process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. The significant historic character defining features of the house are its symmetrical massing, clapboard exterior wall cladding, wood shingle gable-end wall siding, rusticated concrete block and cobblestone foundation walls, open gable roof shape with overhanging eaves and decorative rafter-tails and knee-braces, full-width front porch, gable-roofed back porch, fenestration, and double-hung sash windows with uCraftsman" pattern glazing. These features should be treated with sensitivity. New structural additions and adjacent new construction should be kept to a minimum and placed where it does not substantially alter the appearance of the property; and any new work should be designed to be compatible in scale, massing, building materials, and texture with the historic house. BIBLIOGRAPHY Dakota County Office of Geographic Information Systems. Property tax assessment records. Accessed online. Farmington (Dakota Co.), Minn. New York City: Sanborn Map Co., 1928. [Fire insurance map] Vogel, Robert C. IIHistoric Resources Survey: Feely Farm, 7th Street, Ice House and Sunnyside Historic Preservation Planning Areas, City of Farmington, Minnesota." Unpublished report prepared for the Heritage Preservation Commission, August 2009. ADDITIONAL DOCUMENTATION The following documents are attached to this report: 1. Map and air photo showing the location of the subject property 2. Photographic views showing existing conditions pageg'!2 House, 719 Third Street ............ ..... --- o 1 MAPLE.ST ~ ( Co Ii ht @ 21110. Dakota Cou t o pagcg~ House, 719 Third Street ..~.-~ pag~g House, 719 Third Street ..."".,."""= .~~ - - ~_...."""" -- ~~, c~ ~ Pageg7 House, 719 Third Street _ >=~'=-c."',~,"A-=...""","~ "'~ = =---~ .' ""-'-~,, ......,...'-=. Page 10 98 I ~L~ City of Farmington 430 Third Street Farmington, !\,1inncsota 651.280.6800. Fax 651.280,6899 www.ci.fdrmillgton.nm.LL.l TO: Mayor, Councilmembers and City Administrator FROM: Joel Jamnik, City Attorney SUBJECT: EDA Composition DATE: May 16, 2011 INTRODUCTION The Economic Development Authority has requested their composition be revised. DISCUSSION Currently the EDA is comprised of five Councilmembers. The EDA has requested this be changed to five Councilmembers and two residents. The resident seats would be ex-officio, meaning they would have no voting rights. Terms would end on 1/31/14 and 1/31/16. Following approval, the resident seats will be advertised and applications will be accepted until June 17,2011. BUDGET IMPACT The EDA recommended the stipend for the two resident seats be $10/meeting. ACTION REOUESTED Approve the attached enabling resolution and ordinance revising the composition of the EDA to five Councilmembers and two residents. Respectfully submitted, Joel Jamnik City Attorney 100 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R26-11 RESOLUTION AMENDING THE ENABLING RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF FARMINGTON, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 16th day of May 2011 at 7:00 p.m. Members Present: Members Absent: Larson, Bartholomay, Fogarty, May Donnelly Member Fogarty introduced and Member May seconded the following: BE IT RESOLVED by the City Council of the City of Farmington, Minnesota: WHEREAS, the City Council has, pursuant to law, previously passed an Enabling Resolution creating an Economic Development Authority (EDA) for the City, and; WHERAS, the EDA is currently comprised of the five members of the City Council serving as Commissioners, and; WHEREAS, the City Council wishes to modify the membership of the EDA to allow for two (2) non-voting or ex-officio members to be appointed in addition to the City Council. NOW THEREFORE BE IT RESOLVED THAT SECTION 2.03 OF THE ENABLING RESOLUTION IS HEREBY AMENDED TO READ AS FOLLOWS: 2.03 The EDA consists of a governing body of seven (7) commissioners. Members shall be citizens of the United States and residents of the City. Five (5) seats shall be held by sitting members ofthe City Council. The remaining two (2) seats, which shall be non-voting or ex- officio seats, shall be filled by citizens appointed by the Mayor and approved by the City Council. The term of the Councilmember shall be concurrent with the Councilmember's City Council term and shall expire at the same time as the member's Council term of office. The two (2) ex-officio members will be appointed to three (3) and five (5) year terms initially. Subsequent appointments to the two (2) seats filled by citizens will be for six (6) year terms, except appointments to fill vacancies shall be for the balance of the remaining term. PASSED AND DULY ADOPTED by the City Council of the City of Farmington this 16th day of May, 2011. ATTEST: ~ . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 011-633 AMENDING TITLE 2, BOARDS AND COMMISSIONS, CHAPTER 8, ECONOMIC DEVELOPMENT AUTHORITY (EDA), PROVIDING FOR EX- OFFICIO MEMBERS OF THE EDA TO BE APPOINTED BY THE COUNCIL THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Title 2, Chapter 8, Section 2 Governance Provisions - shall be amended by adding the underlined and deleting the stnlck language as follows: (A) Members; Officers: The authority shall consist of five (5) council members who shall choose from among themselves a chair, vice chair and other officers as required by law and two (2) persons to serve in an ex-officio capacity. (B) Designated Seats: Five (5) seats shall be held by sitting members of the city council. The two non-voting or ex-officio seats shall be appointed by the mayor with the approval of the city council. (C) Qualifications: Members shall be citizens of the United States and residents of the city. (D) Terms Of Office: The term of the council members shall be concurrent with the councilmembers' city council terms and shall expire at the same time as the members' council term of office. Terms of the ex-officio members shall be for six years. except that one of the initial appointments shall be for three (3) years. one for five (5) years and appointments to fill any vacant positions may be made for the balance of the unexpired term. Commissioners who are not council members may be removed as provided by law. (E) Compensation: Effectiye January 1, 2009, members Members of the authority who are councilmembers shall serve without pay, but may be reimbursed for reasonable personal expenses. Members of the authority who are not councilmembers shall receive $10 per meeting in addition to reasonable personal expenses. (F) Oath Of Office: Prior to assuming the duties to which first appointed, each member shall take an oath of office. SECTION 2: After adoption, signing and attestation, this ordinance shall be published one time in the official publication of the City and shall be in effect on and after the day following such publication. " . SEAL Attest: Peter Her fsky, City "i strator Approved as to form the 3 l:Jty of -+ 2011. ,,~ ~tto . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 011-633 AMENDING TITLE 2, BOARDS AND COMMISSIONS, CHAPTER 8, ECONOMIC DEVELOPMENT AUTHORITY (EDA), PROVIDING FOR EX- OFFICIO MEMBERS OF THE EDA TO BE APPOINTED BY THE COUNCIL NOTICE IS HEREBY GIVEN that, on May 16,2011, Ordinance No. 011-633 was adopted by the City Council of the City of Farmington, Minnesota and that, because of the lengthy nature of the ordinance the following summary has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance referenced above amends the City Code and the Enabling Resolution for the City Economic Development Authority and increases the membership of the EDA from its current composition of the five (5) councilmembers to include two (2) additional ex-officio or non-voting members, who must be citizens and residents of the City, to be appointed by the Mayor with the approval of the City Council. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Farmington this 16th day of May, 2011. CITY OF FARMINGTON Attest: Approved as to form this~day of ~ .2011. BQ~:L Jo . Jamnik, Ity ttorney Published in the Farmington Independent the.;'& ..,t~ay of ??--7 0' ,2011. loa... City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.!armillgtllll.1l11l.L1S TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Federal Transportation Enhancement (TE) Grant Application for the Construction of a Section of the North Creek Greenway Trail DATE: May 16, 2011 BACKGROUND City staff members have participated in Dakota County's (the County) master planning of the North Creek Greenway trail corridor. A portion of the trail is located in the City of Farmington. DISCUSSION When completed, the North Creek Greenway trail corridor will connect Lebanon Hills Regional Park in Eagan to downtown Farmington. The County has undertaken the master planning process so it can later in 2011 be designated as a regional trail by the Metropolitan Council. The City was approached by County staff about applying for a Federal Transportation Enhancement (TE) Grant to construct a section of the regional trail that would complete a connection from just north of the Lake Julia Waterway to downtown Farmington (the Project). The County has retained the services of Hoisington Koegler Group, Inc. to complete the TE Grant writing for the Project. While the TE grant application deadline is July 2011, funding for the TE grant would not be released until sometime in 2015-2016 if the project was approved for funding. Grant applicants will be notified by the end of2011 if their project has been approved for funding. As described in the recently adopted Greenway Guidebook, Dakota County would provide the required 20% local match requirement towards TE grants that cities agrees to design and construct. Also, in order to improve the chances of receiving the TE grant Dakota County staff is suggesting that the application be submitted by the City of Farmington as the lead agency. The County is requesting the City provide the funding to cover the soft costs associated with the Project, which would include funding for the design and engineering of the trail and construction management while it is being built. Design work would include developing plans and specifications for pedestrian bridges being installed over Middle Creek and the Lake Julia Waterway along with alignment and construction of the trail itself. A portion of the trail is also located in the Orderly Annexation Area the City has with Empire Township. Staffhas contacted Terry Holmes, Chair of Empire's Town Board, and has made him aware ofthe County's request to have the City listed as the grant applicant. Mr. Holmes stated he did not have an issue with this and was going to make other Town Board members aware of this. 105 Staffhas contacted the affected owners of the property where the general trail alignment has been identified in the master plan and informed them of the project and about the submittal of the TE grant application for the construction of the trail. An easement for the trail or the acquisition of land for trail right of way would be pursued should the grant application be approved. At that time, County staff and City staff would have a meeting with property owners to address the acquisition of either easements or purchase of land for trail right of way. The TE Grant application would address how the acquisition or easement or purchase of land for trail right of way would occur. The Parks and Recreation Advisory Commission (PRAC) members were informed of the TE Grant application at its May 11, 2011 meeting. At the meeting, PRAC members unanimously recommended to the City Council that the City be listed as the applicant for the TE Grant and the City support the submittal of the TE grant application. Dakota County staffwill be in attendance to present general information about the North Creek Greenway Regional Trail along with information that is specific to the TE Grant application and the Project. Included with this memo is a 4 page brochure that County staff members have created about the North Creek Greenway. BUDGET IMPACT Dakota County will be providing funding to satisfy the 20% match requirement for the $1,000,000 TE Grant. Should the TE Grant application be approved for funding in 2015-2016 a determination will need to be made prior to this time period on the allocation of City resources to design the trail and provide construction management. REOUESTED ACTION Approve by motion allowing the City of Farmington's name be listed as the applicant for the North Creek Greenway TE Grant and further that the City of Farmington supports the submittal of the TE Grant application. Respectfully Submitted, Randy Distad Parks and Recreation Director 106 ~ .. kG> cdP. ~.FI ~~ G> ~' l3~ k~ +-.... ~ 0 :;:$0 o o .... cd .~ ~ ~ "*- .'" :5 C E .. e"' o@~ o ea- tQ~ s o~i C\2~a '" .. v E s::~g o ~.g .r-t i : m c.2 .M~ ~ >; ~ ~J ~gk'! ~.;; :2 IoU I - S;E~ s:=~! Q) i! Q) ~ ~ ::l ~ c~ ~ .... .g !1 :; \",,;.,I ~ tQ; C E.5 "g ...... 1l! 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Recreation Destination C!J ActMty Center ~Trallhead ~ Neighborhood Gateway Eft Interpretive Stop . Grade Separated Crossing ... Bridge over Water VWIlWO" IlYUWMA. ... i1 l~ L -L JJ '- FU1\III /""'II 'IEEHWU:~ I I 1911THSTWEST -=,North Creek Greenwa)' ~ExistlngTrall _ - _ Plilnn~Trilll MmIlCIMlNCIl WAlTEWAIII ...... __ Existing Regional Trail - - Planned RegIonal Trail ........... LocalTral1 ~ SEGMENT 4 .~ I ,"U 212THST1MST ~ \... ,-:--'--..... Vision I I Interconnected corridors linking parks, open space, water, habitat and communities , / Trail loops within loops connect destinations and provide recreation options . . I . -.......-..--.- ~ - ---~- - - - - --.------ 5/16/2011 1 5/16/2011 2 J,,! _L \ , f VEF\"'llUON TWP 11 \ \ . ,. .81 l\ ,P;, '1,1 f!:l\ ~ r-[.... -~>!""" . J' "'"')t", -1!: ~ .. . I --jf T..il,'......Gr_n........ .. ~t_r'_ q c:."....,....,_ ~....--.,,- -.... ~"'-.. ~'-'*' ' .-~ ~;;=.."":.":....- to.... ~ _____"_- 5/16/2011 3 _ Guidance for future greenway development _Integrate recreation, transportation, natural resource management and improved water quality e Inventory natural and cultural resources <<>> Greenway trail alignment, interpretive themes and design direction o Implementation Strategies: land protection, phasing, capital and operations budgets, cost share 5/16/2011 4 . 14.5 miles long . ~ ~~/1\\\ s. Lr:'-;;lb · Connects ,);7 ,- -l ~ Lebanon Hills and 4~/1 ~.!, MN Zoo to the 41 ,J. ~ \ 11. t\ · J~:~:~h~:~~:es .. /.,.. 0 A K cdsTAh, C 01\. ~ ~~l \JI~ j : i ~1. ij .,__ J '~'.'"';;: ~. N '" ~" ~.1I',"":t. " ::::- ~-/--J~ - . Follows North Creek and Vermillion River · Regular trailheads . Interpretation . Natural signature . Grade separation ih .- .-- .- .- .-- .--- L ~- b~'~ ,,-be . e , ~'Ii ~.. '&~ ">.,.1:) ,-i' ~,o .,.<-,~e -~ - -,- habitat preservation ~ 5/16/2011 5 Recreation Oestination5 .. Lebanon Hills Regional Park .. Findlay Park .. Apple Valley Aquatic Park . Cobblestone Lake Activity Centers . School of Environmental Studies . Minnesota Zoo . 1S7th Street Transit Station Trallheads . Lebanon Hills Regional Park Neilhborhood GatewaY5 .. Lebanon Hills mountain bike area .. Minnesota Zoo . Quarry Point Park . Johnny Cake Ridge Park Recreation Oesttnatlon5 . East lake Community Park . North Creek Park . Meadow Creek Park . Falrhill Park (future) . Mystic Meadows Park (future) . Rambling River Park Activity Centers . Rlverview middle and elementary schools . Downtown Farmington Trallheads . East Lake Community Park .. Rambling River Park Ne1lhborhood Gilteways . North Creek Park . Meadow Creek Park . Falrhlll Park (future) 5/16/2011 6 .. ~ '.I. ~i r. ~ , I' . ,,' ... I' 't~':t. ,; _... - 01 ".., ..; , .. 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FIl!lds Park to Vermillion Highlands WMA/AMA Trailhe.ds to Nl!W rl!lllonal park 5/16/2011 7 June · Presentation to County Board · Public release of drafts · Public open house June - August · Coun~ Board considers adoption · Metropolitan Council considers adoption · Apply for federal transportation enhancement funding r r I ........ r ~ ,. · $1 million grants every two years · Requires 20% local match . Dakota County will prepare application for Farmington submittal . Dakota County will assure 20% match · Farmington would design and deliver for 2016 5/16/2011 8 N.orthJ Creek G,ree,n,waIY: ., Farmi:n"gton. T'E. Gran,t Sum!mary' M:apJ " ~ Regional Greenways ~ City/County Trails (existing) o 0.25 0.5 Miles / c:::) 6 City of Farmington 430 Third Street Fa.rmington, Minnesota 651.280.6800. Fax 651.280.6899 w\....w.ci ,f,umillgton.mn.Ll:" TO: Mayor, Council Members, and City Administrator FROM: Lee Smick, AICP, CNU City Planner SUBJECT: Consider Resolution - Metropolitan Council Development Grants DATE: May 16, 2011 INTRODUCTIONIDISCUSSION Each year, the Metropolitan Council's Livable Communities Demonstration Account makes funds available for ''Development Grants and Pre-Development Grants." There is no match requirement or limited amount for the Development Grant. Previous Development Grants averaged $559,000. The 2011 LCDA Development Grant terms will be three years in length, with the possibility of an administratively-approved two-year extension with the submission of adequate proof of progress. Development Grants are designed to maintain and improve infrastructure, buildings and land to provide development that integrate and intensify land uses. Among other things, the grants "encourage public infrastructure investments which provide project area residents with expanded opportunities for private sector employment", provide opportunities for the extension of local public sewer and water lines (see attachment)," and "provide the connection of trails to schools and parks." Staff would like to apply for two Development Grants where a total of six grants may be applied for. The fIrst grant request is to reconstruct and maintain the trails in Farmington. The second request is to extend sewer and water to the industrial park west of Pilot Knob and north ofCSAH 50 to prepare for industrial development in the future. Pre-Development Grants require a 25% match and have a limit of $100,000. Pre-Development Grants are intended to assist cities that are in the pre-development phases for a specific development or redevelopment Project. The 2011 LCDA Pre-Development Grant terms will be two years in length. Pre-Development Grants may not be amended to extend the grant term. Staff would like to apply for three Pre-Development Grants. An eligible use for the grant would be for conducting design workshops resulting in development alternatives and engineering design. The fIrst two applications deal with the master planning of two parks. Staff proposes that a design fIrm prepare a Master Plan for Troyhill Park and Hillview Park at a grant request of$12,000 for both parks. Costs to the City would be $3000 at the required 25% match. 109 The third application would be for the engineering design of the above-mentioned industrial park sewer and .water extensions. City staff members will begin preparing drafts of applications for Development Grants and Pre-Development Grants with approval from the City Council. Pre-applications for all the above-mentioned items are due by May 20, 2011. The City's application will have to be accompanied by a City Council resolution authorizing the submission of the application. Attached hereto is a resolution of the type required by the Metropolitan Council, along with some information about last year's grant recipients. BUDGET IMPACT Pre-Development Grant at a 25% match or $3000. ACTION REOUESTED Adopt the proposed resolution authorizing applications for Development and Pre-Development Grants through the Livable Communities Demonstration Program. Respectfully submitted, Lee Smick, AICP, CNU City Planner 110 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. R27-11 AUTHORIZING APPLICATION FOR AN OPPORTUNITY GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 16th day of May, 2011 at 7:00 P.M. Members Present: Larson, Bartholomay, Fogarty, May Members Absent: Donnelly Member Bartholomay introduced and Member Fogarty seconded the following: WHEREAS, the City of Farmington is a participant in the Livable Communities Act Housing Incentives Program for 2011 as determined by the Metropolitan Council and is therefore eligible to make application for funds under the Livable Communities Demonstration Account, and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purposes and criteria, and WHEREAS, the City has the institutional managerial and financial capability to ensure adequate project administration, and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements, and WHEREAS, the City Council of Minnesota agrees to act as legal sponsor for the project contained in the opportunity grant application submitted in 2011. NOW, THEREFORE, BE IT RESOLVED that the City Administrator is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City and to execute such agreements as are necessary to implement the project on behalf ofthe applicant This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of May, 2011. ATTEST: Attested to the ~ day of May, 2011. SEAL: CITY OF FARMINGTON BY:~~ Todd Larson, Mayor ~0 Peter J. rlofsky, Jr. .' City Adfuinistrator i, 2 Previouslv Funded Proiects City of Apple Valley - Central Village - Legacy Park North Awarded in 2005: $425,000 The Central Village project, which includes Legacy Park North, represents the next step in the evolution of downtown Apple Valley through the creation of a compact mixed-use development that will provide multi-story, multi-use buildings with minimal setbacks and street orientation. Central Village will complement, as well as supplement, the existing downtown Apple Valley by providing another commercial and residential component to an already vibrant and successful area by incorporating the following components: 2 LCDA Development Grant Awards, 1996 - 2009 construction of a variety of multi-housing products; creating a walkable neighborhood environment; use of urban design techniques; use of innovative storm water practices; network green spaces and recreational resources; and develop cost- effective parking strategies. Grant funds will be used for a recreational water feature (splash pad), waterfalls/entry feature and playground equipment. City of Apple Valley - Harmony Commons (a.k.a. The Village at Founders Circle) Awarded in 2004: $2,356,244 The Central Village project, which includes the Harmony Commons Landmark Corner, represents the next step in the evolution of downtown Apple Valley through the creation of a compact mixed-use development that will provide multi-story, multi-use buildings with minimal setbacks and street orientation. Central Village will complement, as well as supplement, the existing downtown Apple Valley by providing another commercial and residential component to an already vibrant and successful area by incorporating the following components: Construction of a variety of multi- housing products; creating a walkable neighborhood environment; use of urban design techniques; use of innovative storm water practices; network green spaces and recreational resources; and develop cost-effective parking strategies. Funds will be used for construction of a below-grade parking structure. (Note: This grant was relinquished in full.) City of Burnsville - Heart of the City - I . II Awarded in 1999: $1,612,317 Awarded in 2000: $2,500,000 The city plans to redevelop a low-density 40-acre site, establishing a compact town center development pattern with mixed uses in a walkable environment. Funds will be used to construct streets and a community plaza, and remove an old gas station to convert the site to a community gateway. Phase two of the project was to create a mixed-use activity center and new downtown in an underutilized area. Nicollet Commons, a 1.5-acre park framed by three-story mixed-use buildings, will serve as a focus for civic and cultural activities. An arts/cultural facility, adjacent to the park, will offer opportunities for indoor and outdoor arts and cultural events. Housing will include rental apartments, owner- occupied condos, townhouses and senior housing with live/work units permitted. Housing will include affordable rental property and owner-occupied housing. Funding 113 will be used to acquire property for Nicollet Commons Park and an arts/cultural facility, relocate businesses and demolish buildings, and design, grade and construct the Park. (Note: This project also received awards from the Local Housing Incentives Account in 2001 and 2002, totaling $400,000.) City of Farmington - Spruce Street Bridge Project Awarded in 2003: $955,000 Transportation corridor development that will link Farmington downtown with new commercial/retail and housing zone. Proposes to use funding for corridor infrastructure to facilitate new development and hopefully create up to 250 new jobs and 1,942 housing units (at 14 units per acre). Project includes a new road and trail connection between the old and new business districts. Funds will be used for new bridge and extension of Spruce Street. (Note: This project also received a Livable Communities Demonstration Account Opportunity grant award in 2002, for $40,000.) City of Hastings - Guardian Angels Redevelopment Awarded in 2000: $500,000 Preserve and reuse a church, rectory and three-story school building for affordable housing, a day care, community center and domestic abuse shelter. Build ten rental townhomes on the one-block site. Twenty-six of 30 total units on the block will be affordable at 50 percent of median income. Grant funds will be used to assist with renovation of the church for a daycare/preschool and community center for arts and youth, street repair and utility costs. City of Rosemount - Stonebridge Core Block East Awarded in 2007: $1,587,500 The City of Rosemount has partnered with Stonebridge Development & Acquisition LLC to create a mixed-use project at the center of Rosemount's downtown. The project at a site designated as "Core Block East" includes 103 apartment units above street level, of which 20 percent will be affordable. On the first level will be 12,000- square feet of commercial space for either retail or office users. The building reaches three stories along TH 3/South Robert Trail and rises to four stories on the north and east sides, away from TH 3. Residents of the development will be served by underground parking, and surface and on-street parking will be added for visitors, employees, and commercial patrons. The project will provide a more pedestrian- friendly circulation system through the use of sidewalks, appropriate lighting, and modification of the curbline of existing local roads. The land use and building massing are consistent with the Development Framework for Downtown Rosemount that was created through a citizen-driven process and adopted by the Rosemount Port Authority and the City Council. The building's design and architecture are consistent with design guidelines developed by the citizen task force on downtown. The concept indicates installation of rain gardens that will assist in infiltration and water quality. Alternative stormwater solutions will be employed in recognition of the fact that Rosemount's historic downtown is compact and ponding space limited. Other open spaces, both private and public, and the site's formal landscaping will improve the property compared to the existing condition. The City is working with the developer to include more efficient mechanical systems and potential reuse of stormwater. 114 City of West St. Paul - North End Redevelopment Project Awarded in 2002: $1,000,000 This project is a phased redevelopment of four blocks fronting on Robert Street by a partnership of the City of West St. Paul, Dakota County CDA, and the Cornerstone Group. This project will provide a model for mixed-use redevelopment for the rest of the corridor, increase affordable and market rate housing options near transit and employment opportunities, create a safe pedestrian environment, and provide an identity and gateway statement for the neighborhood and community. Grant funds will assist with acquisition and demolition. 115 IOe.. City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800. Fax 651.280,6899 www.Ci.f.lnllilll:.Ttlll1.nl1l.ul; TO: Mayor, Council Members and City Administrator FROM: Lee Smick, City Planner AICP, CNU SUBJECT: Adopt Ordinance - Woodland & Tree Preservation DATE: May 16, 2011 INTRODUCTION The recently approved Natural Resources Inventory [NRI] recommended that the City review its environmental ordinances. It was determined by staff that the most pressing ordinance that needed to be reviewed was regarding tree preservation. Additionally, the recently approved Minnesota Greenstep Cities program requires that the NRI should incorporate protection of priority natural systems or resources through the subdivision or development process thereby creating the need to approve an updated tree preservation ordinance. DISCUSSION Attached is a proposed ordinance amending Section 10-6-11 of the City Code regarding Tree Preservation. The proposed ordinance applies to new development in all zoning districts, new building construction, expansion of existing commercial, industrial or institutional buildings, and any project that requires a city land disturbance permit. Also attached, is a memorandum prepared by Sherri Buss of the consulting fIrm TKDA that highlights the key sections of the proposed ordinance. The Planning Commission reviewed this ordinance in draft form on July 21, 2010 at a work session and recommended approval of it at its meeting on August 11, 2010 with a 4-0 vote. At the August 16, 2010 City Council meeting, the Council asked for additional information about the potential impacts of the proposed ordinance on development in the City. City staff reviewed the 2001 Vermillion Grove development where 20 :l: acres of trees were removed on the eastern side of the development. The proposed ordinance allows removal of up to 30% of significant trees measured at 12 inch in caliper or larger. The developer saved most of the significant trees between 14"-50" caliper. The proposed ordinance also requires the developer to survey all of the significant trees in the development. In the case of Vermillion Grove, the developer surveyed all of the trees between 6"-12" caliper (per the existing ordinance). The developer could have saved some costs under 116 the new tree ordinance because many fewer trees would have been required in the survey. Therefore, staff feels that the proposed ordinance may decrease costs to the developer as compared to the existing ordinance. ACTION REOUESTED Adopt the attached ordinance amending Section 10-6-11 of the City Code regarding Tree Preservation. Respectfully submitted, Lee Smick, City Planner AICP, CNU 117 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 011-634 AN ORDINANCE AMENDING SECTION 10-6-11 OF THE ZONING CODE CONCERNING WOODLAND AND TREE PRESERVATION THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-11 is amended by adding the underlined language below and deleting the strikethrough language as follows: SECTION 10 -6-11: WOODLAND AND TREE PRESERVATION: (A) Intent: It is the intent of the city of Farmington to pr-eserve wooded areas thr{)ugRom the eny and with respeet to :fu..tare site development, to retain, as far as praetieable, substafltial existing tree e€lyer. protect preserve and enhance the natural environment of Farmington. to encourage a resourceful and prudent approach to the development of wooded areas. and to retain. as far as practicable. substantial existing tree cover. The city recognizes the value of trees and woodlands for improving air quality. protection against wind and water erosion. shade. energy conservation. wildlife habitat. scenic beauty. and protecting the integrity of the natural environment. (B) Credit For Existing Trees: Credit f-or the retention of existing trees whieh ar-e of aeeefltable speeies, size and loeation may be given to satisfy the minimum number requiremeftts set forth in this ehapter. .cID Definitions Unless specifically defined below. words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and to give this chapter its most reasonable application. COMMON TREE: includes Ash. Aspen. Box Elder. Cottonwood. Elm. Hackberry. Locust. Poplar. Silver Maple. Willow. and any other tree species not defined as a hardwood deciduous tree or a coniferous/evergreen tree. CONIFEROUSIEVERGREEN TREE: a woody plant. which. at maturity. is at least twelve (2) feet or more in height and has foliage on the outermost portion of the branches year-round. Tamaracks (Larch) are included as a coniferous tree species. CONSTRUCTION ACTNITY: a disturbance to the land that results in a change in the topography. existing soil cover (both vegetated and non-vegetated). or the existing soil topography that may result in accelerated storm water runoff. leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing. grading. filling. excavating. building construction and landscaping. CONSTRUCTION DAMAGE: any action such as filling. scraping. trenching or compacting the soil around trees or wounding trees in such a manner that it may result in the eventual death of the tree. . , CRITICAL ROOT ZONE: an imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter. e.g.. a twenty (20) inch diameter tree has a critical root zone with a radius of twenty feet. DECIDUOUS TREE: a woody plant which. at maturity. is at least fifteen (15) feet or more in height. has a defined crown. and sheds leaves annually. DIAMETER: the diameter of the main stem of the tree at a point four and one-half (4.5) feet above the ground. DRIP LINE: the farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree. HARDWOOD DECIDUOUS TREE: includes Birch. Basswood. Black Cherry. Catalpa., Hickory. Ironwood. Hard Maples. Oak and Walnut. LANDSCAPING: means plantings such as trees. grass and shrubs. INVASIVE TREE SPECIES: a tree species that is non-native to the ecosystem and whose introduction causes economic or environmental harm. Invasive tree species include. but are not limited to Common Buckthorn (Rhamnus cathartica). Glossy Buckthorn (Rhamnus frangula). Tartarian Honeysuckle (Lonicera tatarica). Atour Maple (Acer ginnala). and Siberian Elm (Ulmus pumila). NUISANCE TREE: (1) Any living or standing tree or part thereof infected to any degree with a shade tree disease or shade tree pest. (2) Any log:s. stumps. branches. firewood. or other part of dead or dying tree(s) infected with a shade tree disease or shade tree pest unless properly treated under the direction of the city forester-tree inspector. (3) Any standing dead trees or limbs which may threaten human health or property. SHADE TREE DISEASE: includes Dutch elm disease (Ophiostoma ulmi). oak wilt (Ceratocystis fagacearum). or any other tree disease of epidemic nature. SHADE TREE PEST: includes Emerald Ash Borer (Agrilus planipenis). European Elm Bark Beetle (Scolytus multistrialus). Native Elm Bark Beetle (Hylurgopinus rufipes) or any other shade tree pest with potential to cause widespread damage. SIGNIFICANT TREE: a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees. eight (8) inches in diameter for coniferouslevergreen trees. or twelve (12) inches in diameter for common trees. as defmed in this section. SIGNIFICANT WOODLAND: a treed area of at least 15.000 square feet or more which includes significant trees. SPECIMEN TREE: a healthy hardwood deciduous tree measuring equal to or greater than thirty (30) inches in diameter. WOODLAND PRESERVATION PLAN: a plan prepared by a certified forester or landscape architect that clearly shows which trees on a site are to be preserved. and what measures will be taken 2 to preserve them. The plan will also include calculations to determine the number of replacement trees required. (Q '.Vooded ,A.rea R-estnetions: The following restrietions shall at'ply to all de'lelopmeat oeaurring in wooded areas: 1. StruehH'es shall be loeated in sueh a mar.ner that the maximNm nNmber af tr-ees shall be preserved. 2. Prior to granting of a final plat, developmeat plan, or bNilding permit, it shall be the dNty of the person seeking the permit to demoastrate that there are ao feasible ar prudent akematives to the limtting of trees on site. 3. Forestatioa, reforestation or landseapiag shalll:ltilize a '/ariety of tree speeies as ideRtified ia this enapter. 1. De';elopmeat inelNdiRg gradiRg and eoRtoNriRg shall take plaee in sNah a manner that the foot zone aeration stability af existiag trees shall Rot be affeeted. Trees to be preserved shall be staked as pfO';ided ia this enapter. NotwithstandiRg the above, the remaval of trees seriously damaged by storms, or other aatural eaases, shall not be prohibit-ed. COrd. 9Q2 169,2 19 2(92) (Q Applicability .L. Woodland Preservation Plan. A Woodland Preservation Plan shall be submitted to and approved by the city. and implemented in accord with the plan in connection with any of the following: !ill New development in any zoning district .Gll New building construction in any zoning district W Expansion of any existing commercial. industrial or institutional building where an approved tree preservation plan is not on file with the city @ Any proiect for which a city land disturbance permit is required W Any Landscape Plan as required by Section 10-6-10 of this Chapter when significant trees or significant woodlands exist in the proposed construction zone 2. Woodland Preservation Plan Requirements. The Woodland Preservation Plan shall reflect the developer's best effort to determine the most feasible and practical layout of buildings. parking lots. driveways. streets. storage and other physical features. so that the fewest significant trees and/or smallest area of significant woodland are destroyed or damaged. The Woodland Preservation Plan shall be a separate plan sheet( s) that include the following information: !ill The name and address of the applicant. and status of the applicant with respect to the land. .Gll The name. telephone number( s) and address of the person responsible for tree preservation during the course of the development proiect. W Written consent of the owner ofthe land. if the applicant is not the owner. 3 @ Location of the property. including a street address and legal description. W Boundary lines ofthe property with accurate dimensions as established by survey. ill Location of all existing and proposed structures. roads. utilities and driveways on the site. {g} A tree inventory. indicating the size. species. general health. and location of all existing significant trees. specimen trees and significant woodlands located within the area to be developed or within the parcel of record. All significant trees and specimen trees must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet in both graphic and tabular form. .au Trees that were planted as part of a commercial business such as a tree farm or nursery do not need to be inventoried on an individual basis. A general description of the trees and an outer boundary of the planted area must be provided. The burden of proof shall be on the applicant to provide evidence to support the fmding that the trees were planted as part of a commercial business. ill A listing of the total diameter inches of healthy significant trees inventoried in item (c) above. Dead. diseased or dying trees and invasive tree species do not need to be included in the totals. ill A listing of the total diameter inches of healthy significant trees proposed to be removed. total diameter inches of healthy hardwood deciduous trees to be removed. total diameter inches of healthy coniferouslevergreen trees to be removed. and total diameter inches of common trees to be removed. (k} Outer boundaries and areas ( acres) of all contiguous wooded areas or significant woodlands. with a general description of the natural community type or predominant canopy tree species not meeting the si~ificant tree size threshold. ill Locations of the proposed buildings. structures. or impervious surfaces. (m) Delineation of all areas to be graded and limits of land disturbance. showing one-foot or two- foot contour intervals. {n} Measures proposed to be implemented to protect significant trees and specimen trees. including required protective measures and any additional protective measures as identified in this chapter. (Q} Size. species. number and location of all replacement trees or woodlands to be planted on the property in accord with the tree replacement schedule. Replacement trees or woodlands shall not include Invasive Tree Species. uu Signature and qualifications of the person(s) preparing the plan. The plan shall be certified by a forester. ecologist. landscape architect or other qualified professional retained by the Applicant. J.." Submission requirements. The Woodland Preservation Plan shall be submitted with any preliminary plat plan. site plan or landscape plan. as required by the regulations of this code: or 4 incorporated as part of a grading plan and application for any grading: permit as required by this code. 4. Implementation. All sites shall be staked. as depicted in the approved tree preservation plan. and the required tree protection fencing shall be installed before land disturbance is to commence. The city shall inspect the construction site prior to the beginning of the land disturbance to ensure that protective fencing and other protective measures are in place. No encroachment. land disturbance. trenching. filling. compaction or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved. ~ Allowable tree removal. Up to thirty (30) percent of the diameter inches of significant trees on any parcel of land being developed may be removed without replacement requirements. Replacement according to the tree replacement schedule is required when removal exceeds more than thirty (30) percent of the total significant tree diameter inches. The following types of trees do not need to be included as part of the tally of tree removals: W Dead. diseased. or dying trees ill Trees that are transplanted from the site to another appropriate area within the city W Trees that were planted as part of a commercial business such as a tree farm or nursery @ Invasive Tree Species 6. Mitigation. In any development where the allowable tree removal is exceeded. the applicant shall mitigate the tree loss bv: W Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule: or ill Planting replacement trees on city property under the direction of the parks and recreation director or natural resource specialist or W Paying: the city the fee set forth in the fee schedule adopted by City Council by ordinance. The payment shall be deposited into an account designated specifically for tree planting. 7. Tree replacement calculations. Thirty (30) percent of the total diameter inches of significant trees on the site may be removed without replacement. The allowable thirty (30) percent removal is first credited to the common trees removed. then the conifers. and lastly the hardwood species. The following calculation procedure must be used to determine tree placement requirements: W Calculate thirty (30) percent ofthe total diameter inches of significant trees on the site. This is the allowable tree removal limit. or the number of inches that can be removed without replacement. ill Subtract the total diameter inches of common tree species that will be removed from the allowable limit. 5 W If there are any allowable inches left. subtract the total diameter inches of coniferous/evergreen tree species that will be removed from the remaining allowable inches. @ If there are any allowable inches left. subtract the total diameter inches of hardwood deciduous tree species that will be removed from the remaining allowable inches. If at any point in the above calculation procedure the number of inches to be removed exceeds the thirty (30) percent allowable removal limit. the remaining inches of removal above the allowable limit must be replaced according to the tree replacement schedule in Item 8 below. t. Tree replacement schedule. Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule: .ill) Common tree species shall be replaced with new trees. at a rate of one-eighth (1/8) the diameter inches lost (i.e. one inch diameter of replacement trees for each eight inches of tree diameter lost). Replacement trees must be a minimum of one (1) inch diameter. (Q) Coniferous/evergreen species shall be replaced with new trees. coniferous or deciduous. at a rate of one-fourth 0/4) the diameter inches lost (Le.. one inch diameter of replacement trees for each four inches of tree diameter lost). Replacement trees must be a minimum of one (1) inch in diameter. Since coniferous species are often sold by height rather than diameter inch. the following conversion formula can be used: Height of Replacement Coniferous Treen = Diameter Inches of Credit W Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a rate of one-half (1/2) the diameter inches lost (Le.. one inch diameter of replacement trees for each two inches of tree diameter lost). Replacement trees must be a minimum of one (1) inch in diameter. 9. Significant Woodland replacement. All significant woodlands removed must be replaced by the Applicant. The number of replacement trees shall be determined by either of the following methods. Either method of replacement may be used when the number of replacement trees required is equal. or the Applicant shall utilize the method that yields the greater number of replacement trees: .ill) Replacement of significant trees within the significant woodland that are damaged or destroyed. per the tree replacement schedule described in Section 7 above. (Q) Replacement for every 125 square feet of significant woodland damaged or destroyed. or increment thereof. with: L One (I) deciduous tree of at least 4 caliper inches or one (1) coniferous tree at least 12 feet tall: or 2. Two (2) deciduous trees of at least 2.5 caliper inches or two (2) coniferous trees at least 6 feet tall: or ~ Four (4) deciduous trees of at least 1.5 caliper inches or four (4) coniferous trees at least 4 feet tall. 6 ~ Trees planted to replace significant woodlands must be arranged in stands to provide a habitat similar to the damaged or destroyed habitat. An appropriate native understory seed mix must be planted along with the replacement trees. 1Q" Species requirement. The city must approve all species used for tree replacement. Ornamental trees are not acceptable for use as replacement trees. Where ten or more replacement trees are required, not more than thirty (30) percent ofthe replacement trees shall be of the same species. .l.L Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within two years after the date of proiect closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight (8) months of removal. .lb Performance Guarantee. The Applicant shall provide the required performance guarantee following preliminary approval of the Woodland Preservation Plan, and prior to any construction and/or grading. The amount of the performance guarantee shall be based on the city's fee schedule. 11. Required protective measures. The Woodland Preservation Plan shall identify the measures to be utilized to protect significant trees. The following measures are required to be utilized to protect significant trees: W Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. .Gll Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant. W Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. @ Removal of any nuisance trees located in the areas to be preserved. 14. Additional protective measures. The following measures to protect significant trees that are intended to be preserved according to the submitted tree preservation plan may be required by the city: W Installation of retaining walls or tree wells to preserve trees. ill Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. W Use of tree root aeration, fertilization, and/or irrigation systems. @ Therapeutic pruning. .li" Incentives for woodland protection. As an incentive to protect contiguous wooded areas, the city will allow the following: 7 ill) Density transfer. Density of units that would be allowed in a protected woodland area may be transferred to other areas of the development. in excess of the density limits of the underlying; zoning district. In order for the density transfer to be approved. the protected woodland must be an easement dedicated to the city. ill Unit bonus. For each acre of wooded area preserved and dedicated to the city over and above the nonnal ten percent parkland dedication. the developer will be allowed an additional unit above the original unit allocation. W Developers that own parcels without trees may dedicate appropriate areas of their plats as "tree bank" areas. These areas would be available to accept trees planted as mitigation for tree removals from other sites. For each acre of "tree bank" area pennanently dedicated to the city over and above the nonnal parkland dedication. the developer will be allowed an additional unit above the original unit allocation. The dedication may include establishment of a fund for maintenance of the tree bank. based on the recommendation of the park and recreation director or the natural resource specialist. The areas proposed to be dedicated to a tree bank must be consistent with the city's comprehensive plan provisions for greenway opportunities. park plans. etc.. or must be adiacent to or provide an enhancement to existing park facilities. Property dedicated must be useable upland (not wetlands. ponds or utility easements. etc.). The city retains the rililit to detennine whether or not it will accept the property proposed to be dedicated for a tree bank. .1.Q." Compliance with the Woodland Protection Plan. The Applicant shall implement the Woodland Preservation Plan prior to and during any construction. The woodland protection measures shall remain in place until all land disturbance and construction activity is tenninated or until a request to remove the woodland and tree protection measures is made to. and approved by. the city. ill) No sif?llificant trees shall be removed until a woodland preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the city. If a significant tree( s) intended to be preserved is removed without pennission of the city or damaged so that it is in a state of decline within one year from the date of proiect closure. a cash mitigation. calculated per diameter inch ofthe removed/destroyed tree in the amount set forth in the city fee schedule. shall be remitted to the city. ill The city shall have the right to inspect the development and/or building site in order to detennine compliance with the approved woodland preservation plan. The city shall detennine whether compliance with the woodland preservation plan has been met. .lL. Existing developed commercial properties ill) Trees that are removed that were part of an approved landscape plan must be replaced in accordance with the originallandscaoing plan. unless city approval is obtained for an alternative landscape plan. ill Trees that are removed that were part of a designated woodland preservation area must be replaced in accordance with the tree replacement requirements outlined in this chapter. The thirty (30) percent allowable tree removal limit does not apply in these situations. 8 . . ~ Exceptions W Exception standards. Notwithstanding the city's desire to accomplish the tree protection goals outlined in this chapter. there may be instances where these goals are in conflict with other city obiectives. These conflicts are most likely to occur on small. heavily wooded parcels. At the discretion of the City Council. exceptions may be granted if all of the following conditions exist: ill The subiect parcel is five acres in size or less. ill It is not feasible to combine the subiect parcel with adiacent parcels that could use the parcel as required green space. ill Strict adherence to the requirements of the tree ordinance would prevent reasonable development that is consistent with the comprehensive plan and desirable to the city on the parcel ill The exception requested is the minimum needed to accomplish the desired development. Dll If an exception is granted. relief from the requirements of the ordinance may take the form of reduced mitigation requirements. greater allowable tree removal. higher thresholds for determining significant trees or any combination of the above. The City Council will approve the form of relief that best balances the obiectives of the city and tree preservation. SECTION 2. Effective Date: This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 16th day of May, 2011, by the City Council of the City of Farmington. ATTEST: CITY OF FARM~~ BY:~ ---- Todd Larson, Mayor -------" ", SEAL: Approved as to for the~d day of ~ '~.~ B. City Art ey 9 . ' CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 011-634 AN ORDINANCE AMENDING SECTION 10-6-11 OF THE ZONING CODE CONCERNING WOODLAND AND TREE PRESERVATION NOTICE IS HEREBY GIVEN that, on May 16,2011, Ordinance No. 011-634 was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 011-634, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the intent of the ordinance is to protect, preserve and enhance the natural environment of Farmington, and to provide a woodland preservation plan and requirements. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Farmington this 16th day of May, 2011. CITY OF FARMINGTON By: inistrator ATTEST: By: SEAL ? -2,J Approved as to form th~ day of May 2011. B~~ City Att ey Published in the Farmington Independent the c;;t; ~ day of ~ ~ 2011. Pnnt Preview Page 1 of 1 Dakota County, MN ,- . ;;: Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. _ Sililtjt{ r\-RE1'1 (27: O'1A-c..f) (IdIBl 'AFitrs of ,\'4~ 1Lt;M/)l/1YL Map Scale 'I Inch = 400 feet 127 http://gis.co.dakota.mn.us/website/dakotanetgis/printPreview.aspx?PrintOptData=Dakota County, :MN161... 10/12/2010 1'7.7, f\e:t Of if!.E~s F-E""'\OVei::\ (I.) (2~ C~.) .;tlJ\-c;t I~. J.~ f}~.f ~,33 A<:::i. Print Pre',iew Page 1 of 1 '..... ...~ "." ; .q'~ -r,~~.. ~~ Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 400 feet http://gis.co.dakota.mn.us/website/dakotanetgis/printPreview\fs~x?PrintOptData=DakotaCounty,MNI61. .. 10/1212010 TKDA 444 Cedar Street, Suite 1500 Saint Pau~ MN 55101-2140 ENGINEERS' ARCHITECTS' PLANNERS (651) 292-4400 (651) 292.0083 Fax www.tkda.com MEMORANDUM To: Farmington City Council ' Lee Smick, City Planner Randy Distad, Parks Director Sherri Buss, R.L.AlSenior Planner, TKDA May 9, 2011 Reference: Woodland and Tree Preservation Ordinance Draft Proj. No.: 14412.000 Routing: From: Date: BACKGROUND AND PROCESS TO DEVELOP PROPOSED ORDINANCE The City's Natural Resource Inventory and Management Plan adopted earlier in 2011 recommended revieWing and updating the City's environmental ordinances to implement the plan's recommendations. Review of the current ordinances with the City Planner indicated that the existing Tree Preservation section of the code (10-6-11) was outdated and was a priority for revision. The Natural Resources Inventory and Management Plan emphasized the need to protect woodlands as a plant community (as well as individual trees) and to provide incentives to landowners to preserve woodlands and significant trees. A draft ordinance was developed and reviewed by the City staff, Parks Commission, and Planning Commission. Their comments were used to revise the draft. A copy of the proposed ordinance as recommended by the staff and city commissions is attached. The Council reviewed this draft in 2010, and asked for additional information about the potential impacts of the proposed ordinance on development in the City. A comparison of the current and proposed ordinance and impacts on development are discussed below. Many parts of the ordinance are based on woodland preservation ordinances adopted in the last several years in other groWing Metro Area communities, and adapted to meet Farmington's needs. The basic elements of the ordinance, such as the requirements for the tree inventory and woodland/tree replacement plan, are similar to those used in many communities. The sections below highlight some of the key sections of the proposed ordinance: Section (CU--Applicabilitv The proposed ordinance applies to new development in all districts, new building construction, expansion of existing commercial, industrial or institutional buildings, and any project that requires a city land disturbance permit. The proposed ordinance does not apply to existing residences or existing commercial and industrial buildings that are not proposing expansion. This issue was discussed at length with both the Planning Commission and Parks Commission. Some City Ordinances do regulate tree cutting on existing residential and other properties, particularly the removal of significant trees or large specimen trees. The Planning Commission and some members of the Parks Commission recommended that the City not regulate tree removal unless it is part of proposed development or commercial facility expansion. An Employee Owned Company PfomoUng Affirmative Action and Equal Opportunity 129 Woodland Preservation Ordinance City Council Meeting May 16, 2011 Page 2 Members felt that this level of regulation infiinges on private property rights, and could be a disincentive to plant trees. Section (C)2-Woodland Preservation Plan Reauirements The requirements for the woodland preservation plan and tree inventory are similar to those of many growing communities in the Metro Area, including Farmington's neighbors such as Rosemount and Apple Valley. This section is also very similar to the requirements in communities such as Woodbury, Maple Grove and Plymouth. Impacts on Development The proposed ordinance would affect developers in the following ways: . Developers will need to complete a tree inventory under the proposed ordinance, as they do under the existing ordinance. However, under the proposed ordinance, they will be able to choose whether the inventory will be based on counting individual trees, or identifying acres of significant woodlands. Identifying the areas of significant woodlands rather than counting individual trees could save significant time and expense. Protection of woodlands may also be better for habitat protection. . The proposed ordinance provides clear, definite requirements for tree replacement. The existing ordinance has no standards for replacement. Replacement is left up to negotiations with the City. Under the new ordinance, developers can estimate the tree replacement requirements costs and consider replacement options early in their planning and design process. . The proposed ordinance allows the developer to remove up to 30 percent ofthe significant trees on the property without penalty. The existing ordinance does not include a clear standard for allowable removals. . The proposed ordinance includes options for tree replacement-the developer may replace the required trees within the development, may replace the trees on city property (such as parks), or may pay a fee to the City, which could be used for tree replacement when and where the City chooses. The CUlTent ordinance requires all tree replacement within the development. The new ordinance would provide flexibility to the developer and to the City, if tree replacement were not feasible or valuable within the proposed development. . The proposed ordinance includes incentives to protect wooded areas, such as densfty transfer, unit bonuses, and bonuses for establishment of a "tree bank." The current ordinance includes no bonuses or incentives for woodland protection. Item #5. Allowable Tree Removal The ordinance allows developers to remove 30 percent of significant trees or woodlands on a property without a replacement requirement. This allows for reasonable use of the property without a "penalty." This is similar to the allowed removals in the ordinances adopted by other growing communities. Items 6, 7 and 8 include the replacement requirements ifmore than 30 percent of the significant trees are proposed to be removed. 130 Woodland Preservation Ordinance City Council Meeting May 16,2011 Page 3 Item #9. Significant Woodland Replacement Alternative. This section gives developers two options for determining woodland replacement: an option to replace trees based on the count of significant trees that would be lost, or to replace the trees on the basis of the square footage area of woodlands that will be impacted. It requires that if the "woodland" replacement method is used, that trees be arranged to provide a woodland habitat. This method might produce a better replacement from an ecological sense, and the calculation may be easier for developers. Other city ordinances also include this option, based on a desire to protect or replace woodland habitat, rather thanjust focusing on individual trees. Item #15. Incentives for Woodland Protection This section offers incentives for woodland protection, including density transfers and unit bonuses. It also develops the concept of a "tree bank" for woodland replacement. These incentives were included to respond to Planning Commission and Council Member comments on the Natural Resource Inventory that suggested the community should provide incentives for resource protection, not just regulation. The proposed tree banks could be developed on City parks, greenway areas, or within developments. City staff have identified potential locations for tree banks. Item # 19. Existing developed commercial properties This section requires replacement of trees that were removed that were part of an approved landscape or woodland plan. We will discuss the proposed Woodland and Tree Preservation Ordinance at the Council meeting on May 16, and hold a public hearing on the proposed ordinance. 131 City of Farmillgtoll Potelltial Tree Balik Locatiolls - ...;0- =, DAKOTA COUNTY i - ....11 ESfI'R,,-'j[!..S PARK J'!tILL DE~ !oJ. Pg-R~ L Legend I o I 0,5 I 1 Miles N A ------, : : Potential Tree BanI< Locations ..----- Existing Trails _ Parl<s and Open Spaces Greenways TKDA t":''B.l6"NU'fWlOfV,','UJ Map Dale: August 201 0 Source: DNR, Metropolitan Council, City of Farmington, Dakota County, TKO II / ,/0..... City of Farmington 430 Third Street farmington, Minnesota 651.280.6800. Fax 651.280,6899 www.ci.tannillgtnn.mll.lJ..i TO: Mayor, Council Members and City Administrator FROM: Tony Wippler, Assistant City Planner SUBJECT: Clarification on Urban Chicken Ordinance DATE: May 16,2011 INTRODUCTION The Planning Commission reviewed the attached ordinance and opened a public hearing at its regular meeting on May 10, 2011. The Commission continued the public hearing to its June 14th regular meeting to allow staff to obtain clarification from the City Council on the proposed permit process and cost that would be associated with allowing hen chickens on residential lots. DISCUSSION The City Council reviewed the attached ordinance on April 18, 2011 and provided two specific comments to staff regarding it. Those comments were: 1. Reduce the number of hen chickens allowed; and 2. To require a yearly permit to be approved The way the current ordinance is drafted, an interim use permit would be required to be approved by the Planning Commission. The way staff is interpreting Council's previous comment regarding the length of the permit is that an interim use permit would be required to be approved on a yearly basis. This would equate to a $200 a year permit, per the 2011 fee schedule. The Planning Commission expressed concern over this yearly cost and whether it is cost prohibitive to raise a reduced number of hen chickens with the yearly permit cost being $200. Staff feels it may be more appropriate to have an initial cost, in year one, of $200 to cover costs associated with the public hearing (i.e., published notice, individuals homeowner notification, etc.) and then every year after that initial year the permit will have to be reissued with a nominal fee ($15 - $20). ACTION REOUESTED Provide direction / clarification to staff regarding the Council's expectations on the permit process and costs that would be potentially associated with the adoption of an urban chicken ordinance as attached to this memorandum. Respectfully submitted, Tony Wippler, Assistant City Planner 133 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 6-4-2 RELATED TO KEEPING ANIMALS WITHIN THE CITY AND ADDING SECTION 6-4-6 CHICKENS ON URBAN RESIDENTIAL LOTS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 6-4-2 is amended by adding the underlined language as follows: 6-4-2: KEEPING ANIMALS WITHIN CITY: (A) Definitions: The following terms shall have the following meanings: FARM ANIMALS: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses, and other animals commonly accepted as farm animals in the state of Minnesota. HOUSE PETS: Animals such as dogs, cats, birds (not including pigeons, chickens, geese, turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those normally sheltered outside ofthe principal structure), and tropical fish, that can be contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure that would require a building permit, excluding wild or domesticated wild animals. (B) House Pets: The keeping of house pets is a permitted accessory use in all zoning districts. (C) Farm Animals: The keeping offarm animals. with the exception of chickens on urban residential lots which are regulated under section 6-4-6 of the City Code. is a permitted accessory use in all zoning districts provided: 1. The minimum lot size is two and one-half (2112) acres. 2. Farm animals may not be confined in a pen, feedlot or building within one hundred feet (100') of any residential dwelling not owned or leased by the keeper of the animals, unless: (a) The animals were kept prior to the adoption of this section, or (b) The animals were kept after the adoption of this section but pdor to the existence of a residence within one hundred feet (100'). 134 (D) Prohibition: With the exception of the keeping of animals allowed by subsections (B) and (C) of this section, no other animals are allowed except by interim use permit as regulated under the provisions of section 10-3-7 of this code. (E) Commercial Purposes: Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located. (F) Nuisance Animals: Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. (G) Animal Enclosures: Animal enclosures shall be subject to the accessory structure requirements of section 10-6-6 of this code. (Ord. 003-503,11-17-2003) SECTION 2. Title 6 is amended by adding Section 6-4-6 to read as follows: 6..4-6: CmCKENS ON URBAN RESIDENTIAL LOTS: (A)Pennit Required: An Interim Use permit shall be required forthe keeping of any hen chickens on property less than two and one-half (2 ~) acres in size. The ketWing of chickens on lots two and one,.half (2 ~) acres arid latgerare regulatedundcr Seetion 6-4-2. The approval of an Interim Use Permit by the Board of Adiustmentshall be fn accordance willi Section 10-3..7 of the City Code. Supporting, information I documents to be submitted to the Planning Division with an interim use permit' application are; . (a) Number of ehickens. to be ,kept on the p'roperty. (b) Site plan or prQpertY survey showing the proposed location of the chicken coop and/or ehieken run on thesubiect property. (c) To~scale building plan. including elevations. of the proposed coop end/orron. (8) Duration of Permit: The interim use permit shall be valid for one (1) year from the date of Board of Adiustment approval. The permit will have to be renewed evety year that chickens are kept on an approved residential lot. The renewal permit will have to be reviewed and approved by the Board or ~.diustment in .accordance with Section 10-3..7 of the City Code. (C) Automatic Termination of Permit: If the owner of hen chickens. who has anapl>roved pennit. moves from the premises approved for said hens the interim usepennitshall automatically become null and void. (D) Limitation on the Nl1l11ber of Chick~ns: No person shall keep on any ,single,.family or two- family residential property more than five (5) total hen chickens. 135 (E) Three or more Dwelling Uriit Properties: Chickens are notallowooon properties that eohtain three (3) or more dwelling units. (F) No Roosters: No person shall keep roosters. oradult.male chickens. on any residentially zoned prQperty less than two and one-half (2 ~) acres in .size. (O).No Cockfighting: Cockfighting is specifically prohibited withintlte City. (H)No Slaughtering:. The slaughter of chickens is prohibited on residentially used or zoned properties. (I) Ownership Occupancy: The owner of the chickens shall live on the property on which they are being kept. 0) Confinement: Every person who owns. controls. keeps. maintains or harhorB.hen chickens .must keep them confined on the premises at all times in a ehicke-n coop or chicken run while in the City. Chickens 'are l1ot-allowed to he located many part of the home and/or garage. (K}Shelter and Enclosure Requirements: Chickens shall be proRerly protected from the weathe~ :and predators and have access to the outdoors in.an .enclosure or fenced ;area. Theshelter and/or enclosure shall meet-all of the following req1:1itements: 1. Any chicken coop.and run fencing must be consistent with building and zoning eodes. 2. No chicken coop or run shall beconstrticted on any urban residential lot prior tollie time. of construction of the principal structure; 3. One (1) cwoken coop and/or chicken run will be allowed per residential lot provided the maxitnumlot-coverage oithe underlying zoning district is not exceeded. 4. Chicken coopsartd runs shall not be located in the front or side yards and shall not be placed within allY drainage and utility easements found on residentiallots. 5. Any chicken coop or run shall be setback at least twenty-five (25') feet from any principal structure onadiacent lots and a minimum of ten (10') feet from:all propeJj.y lines. 6. Any chicken coop. or run shall be screened froni view with a solid fence,,! landscaped buffer with a I11Wmum. height of four (4 ') feet. All fencing shall be in accordance with Section 1 0-6~ 12 of the City Code. 7. AILchicken coops must haveaglaximum size often (10) square feet per chicken and must 110t exceed eight (8 ') feet in total height. Feneed in chicken runs must not exceed twenty (20) sqJl81'e feet.per chicken andrencing must not exceed six (6') feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials. and J:i'tlty 136 allow chickens to contact the ground. Chicken. runs must have a protective overhead netting to keep the chickens separated from other animals. 8 Chicken coops must be elevated a minimum of twelve (12") inches and -a maximum of thirty six (36~') inches above grade to ensure circulation beneath the coop. 9 Chicken grains and feed must be stored in a rodentj)roof container. (L) ConditiollSlMaintenance and Inspection: No person who owns. contl'ols. ke'eps. maintainsor harbors hen chickensshaU permit the premises where the hen chickens are kept to be or remain in an unhealthy. unsanitary or noxious condition or to permit the premises to be in such condition that noxious ;ooors to be carried to adiacertt public or private property. Any chicken coop and chicken runauthorlzed under this section may be inspected at any re.asonable time by the City. SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _ day of Farmington. .20-, by the City Council of the City of CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL 137 ---- 1// / /eJ ,,-ff'\ ~Riin... 1\1.2' 1~1 ~ I ~ ' w \'- .! , ..", ~---:.;'< "t. A vrt:IfP~.. City of Farmington 430 Third Street fo"armington, Minnesota 651.280.6800. Fax 651.280.6899 www.ci.fi1nnill!.Ttlm.TI11l.LL.. TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appoint Interim City Administrator DATE: May 16, 2011 INTRODUCTION The purpose of this memorandum is for Council to appoint the Interim City Administrator. DISCUSSION On May 2, 2011, the Council had a brief discussion regarding the appointment of a City Administrator and agreed to have the Mayor bring a recommendation back to the Council for approval. The Mayor is recommending that Kevin Schorzman be appointed as Interim City Administrator. ACTION REOUESTED Approve the appointment of Kevin Schorzman as Interim City Administrator, effective June 1, 2011. Respectfully submitted, Brenda Wendlandt, SPHR. Human Resources Director cc: Personnel file 138