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HomeMy WebLinkAbout11.15.99 Council Packet COUNCIL MEETING REGULAR November 15, 1999 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS (Open for Audience Comments) a) School District Gym Utilization Concerns b) Traffic Concerns - Upper 182nd Street c) Traffic Concerns - Akin Road d) Citizen Comments - Snow Plowing Practices 7. CONSENT AGENDA a) Approve Council Minutes (11/1/99) (Regular) (10/20/99) (Special) b) Adopt Resolution - Accepting Senior Center Donation c) Adopt Resolution - Livable Communities Act Participation d) Adopt Resolution - Gambling Premises Permit e) Consider Withdrawal of Public Improvement and Condemnation Action - TH 3 Frontage Road Project f) Acknowledge Resignation - Liquor Store Operations g) Approve Bills 8. PUBLIC HEARINGS a) 2000 License Renewal Public Hearing b) Certification of Delinquent Municipal Services 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Y2K Contingency Planning - Update b) Adopt Resolution - Farmington Townhomes Development Contract 11. UNFINISHED BUSINESS a) Adopt Ordinance - Landscape Ordinance b) Adopt Ordinance Amendment - Weeds '2. NEW BUSINESS a) Adopt Resolution - 1999 Budget Re-appropriations 13. COUNCIL ROUNDTABLE 14. ADJOURN Action Taken City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~~ TO: Mayor, Councilmembers, City Administrator~ James Bell, Parks and Recreation Director FROM: SUBJECT: School District Gym Utilization Concerns DATE: November 15, 1999 INTRODUCTION At the November 1, 1999 Council meeting, sixth grade traveling basketball coaches and parents expressed concerns regarding the Parks and Recreation Department's scheduling of practices at the Middle School gyms. DISCUSSION The issues presented by the concerned coaches and parents were as follows: . Request more practice time for the 6th grade traveling teams. . Kids were allegedly shut out of their school building for practice time. . Concerned about injury factor on tile floors. . Older kids have to practice on wood floors to be competitive. . Parks and Recreation has too much gym time. . The Middle School Gyms are oversized for younger kids. In response, staff was under the assumption that no problems existed with the current schedule of wood floored courts within the School District and had worked with the traveling basketball representatives in accordance with School District policies. Meetings were held in April 1999 with concerned parents of in-house players and traveling teams regarding the quality of the in-house program. Staff reorganized the in-house program to reflect these concerns and these changes were accepted by all involved. In August 1999, a meeting was scheduled by the Community Education Director with parks and recreation staff, youth basketball and community education to discuss rumors that youth basketball had concerns over gymnasium scheduling. Youth basketball representatives indicated that there was no problem with the schedule. Recreation Division staff indicated that any unused hours would be turned back to Community Education for disbursement to traveling basketball, which was done in October 1999. Resident response for the in-house basketball program has been good with a total of approximately 280 participants. The program has 18 teams, which include 12 third and fourth grade teams and 6 fifth and sixth grade teams, requiring a large practice space. The middle school sites have adequate space for this number of participants. Staff objectives when working with the parents in April 1999 were to design the in-house program at a central site that accommodates large numbers of participants and minimizes the need to use multiple facilities. This aspect of maintaining the program at one location versus numerous sites enhances participation, minimizes parent and participant confusion, and broadens the appeal of the program in terms of convenience, simplicity and efficiency. The scheduling of facilities within the School District is the responsibility of the Community Education Department. The district facility scheduling policy lists the priority for scheduling the facilities. They are as follows: School District activities, Community Education activities, Farmington Parks and Recreation activities, other groups on a first come first serve basis. The equipment at the middle schools is appropriately sized for the participants of the in-house program. Staff has permission and is able to lower the baskets to the height necessary for the program. Staff, has worked with and will continue to work with the basketball coaches, parents and traveling team board, to offer the best possible program to the in-house participants. . No evidence of a written School District policy of prioritization. See policy attachment. Recreation Division staff met with representatives from Community Education and traveling youth basketball on Monday, November 8, 1999 to discuss the various issues stated above. It should be noted that Community Education and Traveling Basketball decided who would be participating in this meeting to resolve scheduling issues. Again, overall decisions relative to gymnasium scheduling are not under the control of the Parks and Recreation Department. The following conclusions were reached: . Past meetings and communications with traveling basketball were discussed. The travel team representatives in attendance at the previous meetings indicated no scheduling conflicts and that enough wood floors would be available. . Traveling basketball requested that the in-house program move a portion of the program to North Trail Elementary on Tuesday evenings. This was needed as a result of a lack of wood floors on Tuesday evenings. Parks and Recreation staff communicated several areas of concern with changing facility locations after the program has started including general disruption of the program, notification to 100 participants and hiring additional staff. . Community Education presented the number of hours each organization has requested. Community Education staff has worked hard to fmd space for the traveling teams. The Community Education Director indicated a willingness to look at an alternate site for next year's program and keep the schedules as they are for this year's program. . Next year the Parks and Recreation staff will consider utilizing North Trail Elementary for the third and fourth grade in-house program. Two-hour time blocks will also be considered. . Travel basketball will look into doubling up their current hours to utilize half court practices. . Community Education staff will print out available hours at the middle school gyms on Tuesday, Thursday and Fridays from 7:30 PM - 9:00 PM and distribute to the travel program. . A meeting will be set in July 2000 to discuss issues pertaining to the 2000 - 2001 season and Community Education, Parks and Recreation and Traveling Basketball will continue to work together. Attached are the minutes from the November 8, 1999 meeting. ACTION REQUESTED For information only. Respectfully submitted, \ , '-:J t': () ~Jv-- ~ James Bell Parks and Recreation Director Cc: Lois Berg Tim McNamara Kevin Mahlstedt Tim Weyandt Mike Sturm Doug Engelman Mark Zitzman Janet Chapman Thor Alexander Mary Raman Perry Thinesen Jenny Reis Joy Lillejord Renee Brekken Parks & Recreation/Community Education/Youth Travel Basketball Meeting Minutes from November 8, 1999 Present: Jim Bell, Park and Recreation Director; Jenny Reis, Facilities Scheduling/Office Assistant; Perry Thinesen, Community Education Director; Tim McNamara, Youth Travel Basketball; Lois Berg, Youth Travel Basketball; Renee Brekken, Recreation Program Super- visor; Joy Lillejord, Recreation Program Supervisor Back9round Parks & Recreation explained that they had been working with a core group of volunteers with representation from the Travel Basketball Program, on putting together a youth in- house basketball program. Representatives from Community Education (Perry Thinesen), Parks and Recreation (Jim Bell, Joy Lillejord and Renee Brekken) and Youth Travel Basket- ball (Jody Arman-Jones and Brad Bauer) met in August at the Community Education office to discuss facility use for basketball programs for the 1999-2000 season. At this meeting, the conclusion drawn was that there were no scheduling conflicts between the youth in- house program and traveling program in regard to facility scheduling dates, times and loca- tions. Lois Berg was not in attendance at the initial meeting however she contacted Parks and Recreation later to request to be notified of any gym space which was not needed by Parks and Recreation. Parks and Recreation Staff indicated that this information would be avail- able following the program deadline and consequently was able to release gym space at Middle School West on Thursday nights to the Travel Program. Dave Thom has also been in contact with Parks and Recreation and offered his high school teams assistance with the in-house program. Current Facility Needs At the meeting on Nov. 8, Lois Berg and Tim McNamara explained that their organization was experiencing trouble finding gym space with wood floors on Tuesday nights. They stressed the importance of wood floors to the teams to practice and play games on. They asked if Parks and Recreation would be willing to move their program to North Trail El- ementary on Tuesday evenings so the Travelling Program could utilize FMS West. Parks and Recreation staff communicated several areas of concern with changing facility locations after the program has started including general disruption of the program, notification to over 100 participants, and hiring of an additional site supervisor. Community Education staff presented the total number of gym space hours that each orga- nization had from September 1 - December 21, 1999. Parks and Recreation: 310 Youth Travel Basketball: 960. Community Education staff has worked hard to provide various facility options to the Travel Program. Community Education Director expressed his sup- port for looking at an alternate site for the 6th graders next year and keeping the facility schedule "as is" for this winter. Community Education Staff presented several options for the travel program to utilize additional gym space with wood floors. Travel Program Repre- sentatives were open to looking at these options. 2000 - 2001 Season Next year Parks and Recreation will consider utilizing North Trail Elementary on Tuesday nights and running the in-house program in a two hour time block (6:00 pm - 8:00 pm). Travel basketball will look into doubling up (having teams practic;e on 1/2 court) with scrim- mages taking place at the end of practice utilizing the full court. A meeting will be set up for July, 2000 to discuss issues pertaining to the 2000-2001 season. Communication Jenny Reis will print out a schedule of available gym space in the Middle School East and West gyms on Tuesdays, Thursdays and Fridays from 7:30 pm - 9:00 pm and distribute to the travel program. Parks and Recreation, Community Education and Youth Travel Basketball will continue to communicate and work as a group for the benefit of the community. II. No user shall be in a school budding before 7:00 AM or pasl 1000 PM unless lht.: user's permit indicates that prior arrangements have been made. 12. School District 192 is not responsible for loss of or damage to personal items. 13. When a school kitchen is used, a food service worker must be present and have general supervision of school equipment. The fee for this service must be paid by the user according to the established rate. 14. The user shall adhere to all School District 192 policies prohibiting smoking, alcoholic. beverages, illicit drugs, and weapons on school property. Fireanns required by an authorized fireanns safety program are permitted. (See Appendix B) IS. Unless otherwise arranged, scheduled use of school facilities is automatically canceled when schools are closed for severe weather and on school holidays. Other particular situations may warrant school closings. If in doubt, the user should call the Community Education office, 463- 6430, or the weather line, 898-8100. 16. In the event that one or more users are in a facility at the same time;jitch user will still be responsible for the fees specified on their individual permits. 17. A site supervisor or library personnel will be present in the room when the Library/Media Centers are used. 18. Any user sponsoring a dance on district property shall strictly adhere to the guidelines for dances listed in Appendix G. 19. Walking buttons are available for walking in FES, NTES, PHS (north hallway only), and FMS. Walkers must wear their buttons for identification. Call Community Education for buttons, hours, and guidelines. 20. Groups using District Facilities must be in compliance with the Americans With Disabilities Act. (See Appendix C). 21. No Users will be allowed to drive on any district fields or bike paths without prior written permission from the Athletic Director. Vehicles are confined to streets and designated parking areas. ~ IV. PRIORITIES FOR FACILITIES USE To make maximum use of school facilities with minimum conflict, it is necessary to arrange groups on the following priority basis: 1. All directly related school district activities such as musical events, building advisory council functions, athletic events, school productions, and staff meetings. 2. Community Education classes and programs,S 3. City Park & Recreation classes and programs. 4. Youth Group activities: Gym use before 8 PM is encouraged. Revision Draft 10.27.97 4 5. Adult group activities. Encouraged to use the gym after 8 PM. 6. Other activities. After priorities 1, 2, 3 have been satisfied, gym space will be reserved on a first-come, first- served basis for all organizations and groups for no more than four months in advance. Priority is not intended to mean that any classification of users has EXCLUSIVE access to facilities. Rather, the School District attempts to manage facilities to provide some reasonable access to all citizens. v. AUDITORIUM USE RULES & REGULATIONS See Appendix E VL CLASSIFICATIONS AND FEES: A CLASS" I USERS ~. ". " Local public agencies or organizations Local charities Non-profit community athletic organizations District #192 staff Non-profit community service organizations (boy scouts, girl scouts, 4-H etc.) Local Chamber of Commerce Youth Fundraising Dances 1.) User activities must be non-profit in nature to maintain Class I status. Class I users may sponsor fundraising activities on district property that do not violate the user's non- profit status. See Appendix G for additional reql.1irements. 2.) There is no fee when " the space requested is at a time during which a site supervisor is regularly scheduled or within normal building hours (Monday - Friday, 7:30 AM - 4:00 PM). For additional times, see Building Supervisor Schedule. (Appendix D) 3.) When space is requested in a building at a time with no regularly scheduled site supervisor, the following options are available: a) User shall pay for a site supervisor at the prevailing hourly rate for the time requested that falls within the hours of5:00 PM to 10:00 PM on weekdays, 8:00 am to 8:00 PM on Saturday, and Noon to 6:00 PM on Sunday. There will be a two hour minimum charge. Approval of the permit is contingent on the ability of Community Education to schedule a site supervisor. b) User shall pay for a custodian at the prevailing hourly rate for the time requested that falls outside of the hours listed in 3a above. There will be a two hour minimum charge. Approval of the request is contingent on the ability of the Community Education Department to schedule a custodian. c) For user activities involving less than 200 people, user may enlist the services of a District staff member authorized to act as a site supervisor for the time R.cvtsion Draft '10-27-97 S ~lfi.2:;. ,.,"'~ From: Latmberg2@aol.com Sent: Tuesday. September 14. 19994:47 AM To: jlillejord@ci.farmington.mn.us Cc: rbrekken@ci.farmington.mn.us Subject: Youth Clinic Hi Joy & Renee! Just want to touch base with both of you and thank you for all your help in making the youth clinic the success it was! We were very pleased with the turn-out and can only feel that next year will be even better! r had several parents that r did not know come up to me and thank me personally!! So that is very rewarding because it tells me the demand for youth basketball is alive and well in our community!! We are excited to get this new -in-house" program off the ground this year and our organization will do whatever we can to facilitate that! Just let me know if we can help in any way and r will do whatever r can! The next two weeks we will be having our try-outs for the travel program. and as we talked about, we are giving the 5th & 6th kids who do not make the travel teams your flier for the in-house program and encouraging them to sign up for that. One favor. if you could please....as soon as you know what your numbers are for that program and what gym space you will be needing for it, r would appreciate if you could let me know. We have been able to schedule our programs practice times through October, but have been holding off with November-December until your program is in place. r know we have visited about that. and you reflected that any gym space you would not need, you would then let go. Wood floors are at a premium during the winter season, and our organization is more than willing and happy to negotiate and work out gym space with your program. Again, thanks for your help and cooperation...it is greatly appreciated!! Lois Berg 612-460-8145 Latmberq2@aol.com Sent: To: Cc: Subject: Friday, October 15,199911:21 AM 'Lois Berg (yth Bball)' Renee Brekken Gym Space Hi Lois. I hope you had a nice long weekend. Here is what we will NOT be using for Youth Basketball: Thursday Nights - Middle School West 3 gyms I will contact Community Education to let them know we will be releasing this site on Thursdays. If you have any further questions, please let Renee, Andy or I know. Thank you for your cooperation Joy Lillejord Recreation Program Supervisor Farmington Parks and Recreation i Ii lie iord@ci.farminaton.mn.us City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us ~b' TO: Mayor, Councilmembers and City Administrator~ Daniel M. Siebenaler Chief of Police FROM: SUBJECT: Traffic concerns, Upper 1 82nd St. DATE: November 15, 1999 INTRODUCTION At the November 1, 1999 City Council meeting two citizens expressed concerns about traffic violations in the area of Upper 1 82nd St and Euclid St in Hill-Dee. The specific violations noted were speeding and school bus stop ann violations. The residents acknowledged that the police department had been working in the area but felt that officers were sitting in the wrong spot to apprehend violators. They also expressed concerns about the increased traffic volume in the area. DISCUSSION Staff met with both citizens and asked for suggestions on locations to run radar. Staffalso listened to the resident's concerns about the number of school bus stop ann violations and the specific times of the most frequent violations. According to the residents the time of greatest concern was approximately 3 :45 PM. In response to the citizen's concerns, patrol staff have increased the traffic radar enforcement in the area at the specific times requested. Patrol officers have also met with residents on site in Hill-Dee and have responded to suggestions regarding location and time. Based on this local input the enforcement activity was expanded to include morning hours in the patrol response. Staff has discussed the issue of school bus stop ann violations with a representative of Marshall Bus Lines to determine whether there is a pattern of stop ann violations in the area. Bus company management has subsequently met with the specific bus driver on the Hill-Dee route in an effort to determine the extent of the problem. According to the bus company this particular area has had two reports of stop ann violations this year. During one of the violations the driver was unable to get a license and on the second only a partial license plate was obtained. The police department was aware of both of these violations. While there have been reports of violations the bus company representative categorized the area as "not a major problem and a much smaller problem than other routes." ACTION REQUESTED Information only. Staff will continue to monitor the area during both morning and afternoon hours as necessary and work with the bus company on prosecution of stop arm violations. Daniel M. Siebenaler Chief of Police cc: Jodi Pietsch Tony Cassens Mike Toenges, Marschall Bus Lines City of Farmington 325. Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us h~ TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Traffic Concerns - Akin Road DATE: November 15, 1999 INTRODUCTION At the November 1, 1999 City Council meeting, a citizen requested a right turn lane on northbound Akin Road at 194th Street. DISCUSSION Staff has contacted the Dakota County Highway Department regarding this request, as Akin Road is currently a county road. The County has indicated that they are not able to stripe any more this year. The County does not have any striping material on hand and they do not get involved with cold weather striping. In addition, the geometrics at the intersection need to be reviewed in order to determine if additional paving is necessary to add a turn lane. This issue will be reviewed again in the spring. BUDGET IMPACT None. ACTION REOUESTED F or information only. Respectfully submitted, ~/11~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Mark Zitzmann City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmin..gton.mn.us ~cI TO: Mayor, Councilmembers, City Administrato~ FROM: LeeM. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Citizens Comments - Snow Plowing Practices DATE: November 15, 1999 INTRODUCTION At the November 1, 1999 City Council meeting, a resident had questions regarding the City's winter sanding procedures. DISCUSSION City staff sands streets during the winter as necessary for safety. Sanding is started whenever there is a need for it. Sanding typically occurs at intersections, curves, hills and the downtown area. The City uses sand/salt as sparingly as possible as it ends up in the storm sewer system and has to be removed, which is an expensive process. However, at intersections, curves and hills, it is necessary to use enough sand to achieve the pavement conditions desired in those areas. Therefore, it is typical to see an additional buildup of sand in the areas of intersections, hills and curves. BUDGET IMPACT None. ACTION REOUESTED For information only. Respectfully submitted, 't5L YYl ~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Tony Cassens /CL COUNCIL MINUTES REGULAR November 1, 1999 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan Verch City Administrator Erar, City Attorney Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Staff Introduction - Community Development Department Brad Schmoll was introduced as the new Building Inspector/Fire Marshal. b) Employee Service Recognition - Liquor Store Operations Manager Paul Asher was recognized for 25 years of service as Liquor Store Operations Manager. 6. CITIZEN COMMENTS a) Ms. Nancy Paulos - Gateway Signs Ms. Paulos requested the City plant flowers at the gateway sign on CSAH 31. Staff will pass on the request to the seasonal gardener at the beginning of the next growmg season. b) Mr. David Moss - Storm Water Drainage Mr. Moss had questions regarding the drainage ditch located behind his home, the future of the farmland adjacent to the drainage ditch, and possible improvements to his backyard. Mr. Moss was referred to Lakeville City staff and Farmington Planning staff. c) CSAH 31 Project Questions - Summary Report Council received a summary of the questions raised at the October 18, 1999 Public Hearing. Council Minutes (Regular) November 1, 1999 Page 2 Ms. Jodi Pietsch, 5624 Upper 182nd Street and Mr. Tony Cassens 5638 Upper 182nd Street, stated they would like stop signs or speed bumps on Upper 182nd Street. Ms. Pietsch noticed the police have been in the area, but felt they are sitting inthe wrong location. Cars are speeding down Upper 182nd Street trying to make the green light on Pilot Knob. Cars are also going through the stop arm on the school bus, and she is worried children will be hit. Police Chief Siebenaler stated they have been notified of two school bus arm violations, but only partial license numbers were received. He encouraged Ms. Pietsch to contact him regarding where she feels patrol cars should be placed. Staff will look at the situation further. Mr. Kevin Mahlstedt, 19347 Eureka Court, was representing the 5th, 6th, 7th, and 8th grade Farmington basketball program. He is concerned about school facilities and how they are scheduled and that the children he is representing were shut out of their school facilities and moved to the 3rd and 4th grade elementary school. The difference between the gyms is between tile floors and wood floors. Mr. Mahlstedt would like some help to develop their program. They have been shut out of practice time. He stated there is a total of.18 sections of practice time. Park and Recreation has 15 sections and they have 3 sections. He would like to see the schedule balanced out. He would like to trade Tuesday night for the 8th and 9th grade building for North Trail Elementary for the 3rd and 4th grades. Fifth- eighth grade could then play on wood floors instead of tile floors. Mr. Mahlstedt feels elementary children belong in elementary schools. He would like 3 more sections of time so they would have 6 sections and Park and Recreation would have 12 sections. He was of the understanding there is a Community Education policy where Park and Recreation gets first choice. Mr. Tim Weyandt, 19447 Ellington Trail, stated he and approximately 12 people went to the City to express their need for an in-house basketball team. They went to travel and got the support of travel. They wanted to co-exist with the City and there have been three or four meetings with the City. The meeting he recalls is, they went around the room - 7 people were in attendance. There were a number of issues and the City seemed to be at least verbally accommodating. The main concern was travelling typically gets the use of the better floors with the older kids, because the tile floor does not mean anything to the younger kids and the baskets are lower. It was decided, in the best interest of the community, the gym should be split up so the younger kids can use their own elementary gym, and the older kids could use the Middle School with wood floors. At that time he asked when does us and you come together. They went around the room and he stated Joy Lillejord, Park and Recreation Program Supervisor, said it is not an issue, we get second choice after the schools as to who gets the gyms. It is a City program, we are taking the Middle School, I do not want to talk about it. Mr. Weyandt asked her how she could say that, and he stated Joy replied it is not an issue, we are not going to discuss it anymore. Mr. Weyandt stated it was their idea and they brought it to the City. He wanted to know why the gyms cannot be shared. There is no conflict, why will Park and Recreation not share. Mr. Weyandt then asked if we are satisfying egos. He does not see any rationale behind it. Council Minutes (Regular) November 1, 1999 Page 3 Mr. Kevin Mahlstedt stated they really want to help basketball expand. When the 6th and ih grade building was built, the basketball program donated additional money to upgrade the backboards and rims, and now they are shut out. Mr. Mike Sturm, 17133 Franchise Way, Lakeville, stated he started the Farmington basketball program several years ago. The travel basketball came to the City to start a program for travel basketball. At that time the in-house program decided they did not have the resources to help and turned them over to the City. They have to go to Community Education to get the practice times, but cannot get them until after the City has been scheduled. Mr. Doug Engelman, 18050 Echo Terrace, stated he coached every level of basketball. He is concerned with the kids. He helped with the Park and Recreation program last year and the kids started to dwindle away towards the end of the program. He noticed the kids were undersized for the equipment. He feels a solution is to put 1 st - 4th grades at the elementary school. Both programs will be hurt because the kids will not like it. He applauds the efforts of Park and Recreation, but this is one block to improving the program. Mr. Mark Zitzmann, 19428 Ellington Trail, stated he just came from basketball practice. The wood floors are wonderful, but they could be damaged. The kids come in off the street and do not have a separate pair of basketball shoes. They were shooting free throws and sees bad form, as the kids are not strong enough to reach the baskets. They are teaching kids the basics. There is a good 3rd and 4th grade program and we need to work together. Ms. Janet Chapman, 18967 Euclid Path, has a child in in-house basketball and one in traveling basketball and is concerned with injuries. Older kids are prone to more injuries on tile floors. When they go to tournaments, they play on wood floors and are not used to them. The young kids in the in-house program are not as competitive, they are learning basic skills and would not have the injury factor. Mr. Kevin Mahlstedt, stated they do not want to slow the in-house program down. They want it to work. Ms. Thor Alexander, 19312 Ellington Trail, stated she and her husband coach basketball. There are some Farmington parents who take their younger kids to Apple Valley to participate in their program and are all in the elementary school. She felt the City would want to keep Farmington kids here and start them out in the elementary schools. Mayor Ristow stated comments will be reviewed and staff will respond. Councilmember Cordes stated the information will be reviewed, but the basketball programs do need to approach the School Board, as they assign the gyms. Mr. Mahlstedt stated he spoke with Jenny Reis, Community Education, and she sends a calendar of available school dates, the City puts in what they want, and then she books it. But that is where the other programs are cut out. Community Education sets the policies and if the policies are not Council Minutes (Regular) November 1, 1999 Page 4 working it needs to start there. It is not Council's authority to force Park and Recreation out of the gym. She was wondering if any of these comments have been forwarded to Park and Recreation. Ms. Mary Ramun, 18515 Exodus Avenue, stated she is a 6th grade girls basketball coach. She is concerned if a deadline is not set to resolve this, the season will be gone. The board wanted to know if it would be done on a time element. So if the traveling program had their times together and presented them to Park and Recreation that they would have precedence or at least be factored in. As a coach, she goes from the Middle School which has markings on the floor to a school that has no markings, and then to a game situation, and it becomes very hard. Park and Recreation Director Bell, stated Tim Weyandt mentioned a meeting with the staff and asked when that was. Tim replied it was probably June with Scott Topel and Joy Lillejord. Mr. Weyandt stated there was one point of the meeting that came to a head, but there was no rudeness prior to that point. There was a domination and a that's the way it is going to be. Joy was not rude. Mr. Bell stated he met with Jody Armond Jones on August 4 at Community Ed to discuss the problem of gym space. The City told them what was being looked at and felt they had a workable solution, now we do not. After the program last year, a group of parents contacted the Park and Recreation staff and indicated they were not happy with the way the City in-house program was being run and wanted it run differently. He did not recall that any problems were mentioned regarding the elementary school or that there was an issue with sharing the Middle School. Park and Recreation Director Bell will meet with basketball representatives to discuss the situation. Mr. Mark Zitzmann, 19428 Ellington Trail, requested a right turn lane on Akin Road to 194th Street. Staff will respond. Mr. Tony Cassens, 5638 Upper 182nd Street, asked how they determine snow plowing on comers and the amount of sand being used. 7. CONSENT AGENDA MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (10/18/99) (Regular) b) Set November 15, 1999 Public Hearing Date - Various Licenses and Permits c) Adopted RESOLUTION R95-99 - Establishing Election Precinct 4 d) Approved Appointment Recommendation - Police Department e) Approved Release of Development Contract - Westview Townhomes f) Approved 1999 Community Development Block Grant Subgrantee Agreement g) Approved Assessment/Sewer Connection Agreement - CR 72 Project h) Approved VRWMO Joint Powers Agreement Amendment i) Approved Proposed 2000 - 2004 CIP j) Received information School and Conference - Public Works Department k) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) November 1, 1999 Page 5 8. PUBLIC HEARINGS a) East Farmington Conditional Use Permit - Grading and Excavation Sienna Corporation withdrew their Application for a Conditional Use Permit for Excavation and Grading for East Farmington 7th Addition. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Acknowledge 1999 Budget Award The City was notified by the Government Finance Officers Association that the 1999 City Budget submittal has been awarded the Distinguished Budget Presentation Award for fiscal year 1999. 11. UNFINISHED BUSINESS a) Adopt Ordinance - Seasonal Parking Restrictions The proposed ordinance stipulates a seasonal parking ban on all City streets from November 1 through April 15, from 2:00 a.m. to 5:00 a.m. or after a two-inch or greater snowfall until the streets are plowed curb to curb. At the beginning of each season, there would be a period of two weeks where warnings would be issued. After that period, vehicles would be ticketed and towed. MOTION by Soderberg, second by Cordes to adopt ORDINANCE 099-440 amending Title 9, Chapter 1 of the Farmington City Code concerning parking of motor vehicles on City streets. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Request for Senior Center Funding - Townships The Senior Center Advisory Board asked the Council to waive the additional non- resident membership fee at the Senior Center. Staff proposed a means for the Council to waive the Senior Center non-resident membership fees and remain consistent with other program fees, by requesting that the Townships provide funds to offset the costs related to these non-resident fees. If a Township does not provide funds, those residents will be charged a non-resident fee. MOTION by Strachan, second by Soderberg authorizing requesting $250 each from Empire, Castle Rock and Eureka Townships for non-resident membership fees. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Cordes: Received information from the Extension Office regarding a conference on Farmland in Natural Areas. Fire Chief Kuchera received a letter of thanks from the County for their assistance with a recent accident. Parks and Recreation Director Bell: The new Senior Center van is in. Council Minutes (Regular) November 1, 1999 Page 6 14. EXECUTIVE SESSION - Frontage Road - Highway 3 Project Council adjourned into Executive Session at 8:20 p.m. 15. ADJOURN Executive Session adjourned at 8:42 p.m. Respectfully submitted, ~.. ~ . . ,:;?;7--7 -c.cL- / , Cynthia Muller Executive Assistant SPECIAL COUNCIL MEETING WORKSHOP MINUTES City Hall Council Chambers October 20, 1999 Members in attendance: Mayor Ristow, Council Members Cordes, Soderberg and Strachan. Members absent: Council Member Verch Others present: City Administrator Erar, Park and Recreation Director Bell, Public Works Director Mann, Community Development Director Olson, Finance Director Roland, and Police Chief Siebenaler. The Mayor called the meeting to order at 7:00 p.m. The agenda was reviewed and approved by Council. Issues to be discussed included the Proposed 2000-2004 Capital Improvement Plan and a review of issues associated with a parking ban for purposes relating to increasing the efficiency, and reducing costs of City snow removal operations. A review of the Consolidated portion of the CIP was presented by staff. It was indicated that the proposed public facilities, currently under study by the Public Facilities Task Force, were administratively designated for the year 2002 to provide maximum discretion to the Task Force and City Council. It was explained that this should not suggest that these facilities would be constructed in that particular year, but that these facility time frames were subject to change once the Facility Task Force made its final recommendations to Council, and Council formally took action on the recommendations. Community Development Director Olson discussed plans and options relative to the phased expansion of the Industrial Park. Park and Recreation Director Bell reviewed proposed 2000 department projects. Public Works Director Mann reviewed proposed 2000 department projects. Council asked a variety of questions throughout staff presentations and were essentially satisfied that the proposed projects as presented addressed anticipated community infrastructure needs. Final approval ofthe 2000-2004 CIP will be presented at the November 1, 1999 Council meeting. A brief break was called. The workshop continued with a discussion of issues associated with a proposed parking ban. Several parking ban options were presented by staff for Council consideration. A review of operational considerations relative to snow plowing, and difficulties associated with police enforcement of the current City ordinance were presented by Chief Siebenaler and Director Mann. Council thoroughly reviewed the advantages and disadvantages of each parking ban option, and asked a variety of questions regarding how this would affect the community's residents. Survey information of other communities was reviewed and it was discovered that neighboring communities, as well as communities throughout the metro area already had a parking ban ordinance in place to address similar issues now before Council. Council also reviewed the staffing and capital equipment costs associated with maintaining the status quo given current operational inefficiencies and, noted that these costs would continue to increase as the community grew unless changes were made to make operations more efficient. The Mayor and Council expressed thoughtful support for a seasonal parking ban as this option presented the least inconvenience to residents. Council also directed staff to extend the warning time this year, before tickets are issued, until January 1, 2000 to give residents additional time to understand the parking restriction changes, and requested that staff include information on the change in the City Newsletter and City web site. Council further directed staff to bring this issue to Council at the November 1, 1999 meeting. Meeting was adjourned at 10:25 p.m. mitted, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?~ TO: Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director FROM: SUBJECT: Adopt Resolution Accepting Donation - Senior Center DATE: November 15, 1999 INTRODUCTION A donation has been received at the Senior Center from Alpha Pilger in memory of her late husband. DISCUSSION Alpha has donated $100 to the Senior Center to be used for poolroom accessories. Staff will communicate the City's appreciation on behalf of the Council to Alpha Pilger for her generous donation. ACTION REOUESTED Adopt the attached resolution accepting the donation of$100 to the Senior Center from Alpha Pilger. Respectfully submitted, ~ b-0LQ James Bell Parks and Recreation Director RESOLUTION No. R -99 ACCEPTING DONATION TO THE SENIOR CENTER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City ofParmington, Minnesota, was held in the Council Chambers of said City on the 15th day of November, 1999 at 7:00 P.M. Members Present: Members Absent: Member ------ introduced and Member ----- seconded the following: WHEREAS, Alpha Pilger has donated $100 to be used for accessories in the poolroom at the Senior Center; and WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City ofParmington hereby accepts the generous donation of $100 from Alpha Pilger to be used as stated above. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of November, 1999. Mayor Attested to the 15 Th day of November, 1999. City Administrator SEAL t" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us ?c TO: Mayor and Councilmembers City Administrat017'v FROM: David L. Olson Community Development Director SUBJECT: Participation in Livable Communities Act - 2000 DATE: November 15, 1999 INTRODUCTION The City Council is required to adopt a resolution if it wishes to participate in the Metropolitan Livable Communities program in 2000. DISCUSSION The City of Farmington has participated in Livable Communities since the program was created. By participating in the program, the City agrees to establish affordable and life cycle housing goals. Participation in the program allows the City to be eligible for possible funding for projects under the Tax Base Revitalization Account, the Livable Communities Demonstration Account, and the Local Housing Incentives Account. The City HRA has recently submitted grant application for the Tax Base Revitalization Account to assist in the cleanup of the Elm Park Landfill area north of City Center. BUDGET IMPACT Unknown at this time. ACTION REOUESTED Adopt the attached resolution to authorize continued participation In the Livable Communities Act for the Year 2000. Respectfully SUbmitt~ . ~. --- avid L. Olson Community Development Director RESOLUTION NO. R -99 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2000 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 15th day of November 1999 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and, WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and, WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and, WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and, WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and, WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and, WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and, WHEREAS, for calendar year 2000, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1999, can continue to participate under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program by November 15, 1999; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOLVED the City of Farmington hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2000. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of November 1999. Mayor Attested to the day of 1999. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ld TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Resolution Approving a Gambling Premise Permit DATE: November 15, 1999 INTRODUCTION The Civil Air Patrol is requesting a Gambling Premise Permit at Farmington Lanes, 25 5th Street. DISCUSSION Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. The Civil Air Patrol is requesting approval to conduct gambling activity at 25 5th Street. The appropriate application and fees have been received and the application has been reviewed by the City Attorney. BUDGET IMPACT None. ACTION REOUIRED Adopt the attached Council Resolution approving a Premise Permit at 25 5th Street. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager RESOLUTION NO. R -99 APPROVING A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR CIVIL AIR PATROL 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 15th day of November, 1999 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.213, the State of Minnesota Gambling Board may not issue or renew a Gambling Premise Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Civil Air Patrol, has submitted an Application for a Gambling Premise Permit to be conducted at 25 5th Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premise Permit for the Civil Air Patrol to be conducted at 25 5th Street, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of November, 1999. Mayor Attested to the _ day of ,1999. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?e TO: Mayor, Councilmembers, City Administrat~ Joel Jamnik, City Attorney FROM: SUBJECT: Request to Postpone Condemnation and Public Improvement Proceedings regarding Highway 3 Frontage Road DATE: November 15, 1999 INTRODUCTION As part of the proposed construction of a new frontage road along the east side of State Trunk Highway 3 north of County Road 72, the City Council authorized our office to proceed with acquisition of the necessary right-of-way, including the use of the City's eminent domain authority. Circumstances surrounding the project and the acquisition of the affected properties indicate that it is in the City's interest to postpone further legal proceedings under the public improvement and eminent domain statutory provisions. DISCUSSION Staff has had preliminary discussions/negotiations with both property owners through their respective legal counsel. In both circumstances, issues well beyond the sale- purchase price of the affected parcels were discussed. For instance, one of the parties raised the possibility of an adverse possession claim against the other property owner. These matters have substantially complicated negotiations. Further, attorneys for the properties have at least preliminarily disagreed with the City's appraisal. Under the state's condemnation procedure, if the City continues to proceed to acquire the property under the quick take proceedings, and acquires title as currently projected around the end of the year, the City will be required to compensate the owners at the amounts set by the appointed condemnation commissioners. This amount could potentially exceed the City's appraisal estimates, and significantly affect the financing and budget for the project. Since we are proceeding with the project under a joint agreement with MnDOT and a Development Agreement with a neighboring property owner, it is desireable that acquisition costs be contained within our preliminary estimates. Consequently, we advise the Council to postpone further legal proceedings under the state public improvement and condemnation statutes to conduct improvement hearings or to acquire the subject parcels through eminent domain until the parties are able to resolve some if not all of the complicating factors. Our office and City Staff would notify the property owners of the Council's actions and continue to meet and discuss issues with the property owners as necessary to resolve any of their outstanding issues. BUDGET IMPACT Depending on the length of the postponement, the City may incur additional appraisal costs but any increased costs are likely to be offset by streamlining the legal proceedings. The recommended action is based on our professional judgment that continuing the present proceedings is likely to increase the overall acquisition costs for these parcels. We have concluded that the proposed action offers the best possibility for the City to save money for itself and the other parties to the Project. ACTION REOUESTED By motion, authorize the City Attorney's office to postpone indefinitely the pending condemnation actions regarding the Highway 3 Frontage Road Project. This action also negates the need for the Council to conduct the previously scheduled improvement hearing. Respectfully submitted, ~?<f2~? c/ V ~ e,.-J Joel J. Jamnik City Attorney cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us If TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Acknowledge Resignation - Liquor Store Operations Division DATE: November 15, 1999 INTRODUCTION The City has received a letter of resignation from Ms. Susan Libera, Liquor Store Clerk of the Liquor Store Operations Division. DISCUSSION Ms. Libera has been a valued employee with the City's Liquor Store Operations since February 1996 when Susan was hired as a part-time liquor store clerk. In April 1997, Ms. Libera was appointed as a full-time Liquor Store Clerk where she performed a variety of retail sales service functions. Susan performed her responsibilities in a very professional, competent and enthusiastic manner. BUDGET IMP ACT Ms. Libera is eligible for normal severance benefits commensurate with her years of service to the City. ACTION REOUESTED Acknowledge Ms. Libera's resignation effective November 19, 1999, and please join me in wishing Susan future success in her new career endeavors. itted, J F. Erar ity Administrator Cc: Susan Libera City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 1?'ct., TO: Mayor, Councilmembers, City Administrator FROM: Karen Finstuen, Administrative Service Manager SUBJECT: 2000 License Renewal Public Hearing DATE: November 15, 1999 INTRODUCTION Pursuant to City Ordinance 3-12-6-2, a public hearing must be held to renew On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, On-Sale Wine and Club Licenses. Ordinance 3-15- 8C regulates the renewal of Saunas and Therapeutic Massage Licenses. DISCUSSION The following establishments have submitted their applications for renewal: On-Sale Liquor - American Legion Farmington Lanes Long Branch Saloon and Eatery On-Sale Sunday - American Legion Eagles Club Farmington Lanes Long Branch Saloon and Eatery VFW Club Club Licenses - Eagles Club VFW Club On-Sale Wine - B & B Pizza Sauna and Therapeutic Massage - Rite Touch Therapeutic Massage The required attachments, fees and insurance information have been submitted with the applications. Police Chief Siebenaler has reviewed the forms and approved the applications. Public Notice establishing the public hearing date and time was published on November 4, 1999. BUDGET IMPACT The fees collected are as proposed in the revenue portion of the budget. ACTION REQUIRED Approve the 2000 On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Wine, Club, and Therapeutic Massage Licenses for the businesses listed above. Respectfully submitted, (~~ Karen Finstuen Administrative Services Manager City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~b FROM: Mayor, Councilmembers, City Administrato~ Robin Roland, Finance Director TO: SUBJECT: Adopt Resolution - Certification of Delinquent Municipal Services to 1999 Tax Rolls DATE: November 15, 1999 INTRODUCTION The City's municipal services (utilities) experience delinquent accounts similar to private enterprises. DISCUSSION Minnesota State Statutes 444.075 grants municipalities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. This statute provides the City the ability to collect unpaid accounts without incurring significant costs. The City Council adopted the policy of certification of delinquent utility accounts effective August 1,1998. All property owners with delinquent utility bills (over 90 days overdue) have been notified by mail and may pay their delinquent amount by December 1, 1999 to avoid certification. The mailed notice advised delinquent utility customers that the City Council would consider this item on November 15, 1999 at a public hearing. Notice was also published on November 4, 1999. BUDGET IMPACT At the time of the mailed (and published) notice, 316 accounts in the total amount of $1 05,169.19 were outstanding. Payments have been received and applied to account balances in the interim. Only those accounts with delinquent balances remaining after December 1, 1999 would be certified to the tax rolls as a one-year special assessment. ACTION REQUIRED Adopt the attached resolution certifying the delinquent accounts as special assessments to the 2000 taxes of the appropriate properties. Respectfully submitted, ~:f1~ Finance Director PROPOSED RESOLUTION R - 99 CERTIFYING DELINQUENT MUNICIPAL SERVICE ACCOUNTS TO THE DAKOTA COUNTY TREASURER/AUDITOR Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Civic Center of said City on the 15TH day of November 1999 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the City has provided sewer, water, storm water and solid waste removal services to users of the municipal utilities; and WHEREAS, the City has invoiced these users for the services and payment on some of these invoices is delinquent; and WHEREAS, Minnesota Statute 444.075 allows the City to certify charges associated with the municipal services as special assessments with the County Auditor, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, that: 1. Delinquent charges associated with the municipal services shall be certified to the County Auditor for collection as special assessments. 2. The special assessments shall be due and payable over a term of one (1) year at an annual rate of eight (8.0) percent. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15TH day of November 1999. Mayor Clerk/Administrator Attested to the day of ,1999. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us IO~ TO: Mayor and Council Members FROM: John F. Erar, City Administrator/Y2k Coordinator SUBJECT: Y2K Contingency Planning - Update DATE: November 15, 1999 INTRODUCTION City departments have held several meetings to discuss key planning and operational issues associated with Y2k contingency plans. These meetings have included department representatives from Administration, Police, Fire and Parks and Recreation, who have worked diligently to properly assess and anticipate any potential problems associated with Y2k service interruption issues. Business process and fiscal management issues have already been addressed in the Finance Department. The Y2k Contingency Planning Team, with my office as the Y2k coordination point, has been responsible for identifying potential problems, developing action plans, and communicating Y2k planning information to appropriate community stakeholders. The City has also worked with Dakota County and participated in planning sessions with the School District. DISCUSSION The Y2k Contingency Planning Team has identified and taken the following actions: 1) Articles on Y2k community planning have been submitted by the Fire, Police and Public Works Departments highlighting various Y2k issues such as the purchasing of portable battery operated radios, water and sewer use, the appropriate use of alternate home heating sources, proper procedures and cautionary information on the use of back-up generators for residential and commercial buildings. Articles have been submitted to the City newsletter by participating departments. In addition, a Y2k City site has been created and is linked to the City home page. 2) A letter, drafted by the Police and Fire Department, has been sent to local area business suggesting the need to ensure that back-up lighting systems are in place and working; installation and proper working condition of smoke alarms; and the need to ensure that on- site alarm systems are tested to reduce the risk of malfunction due to Y2k problems. Y2K Contingency Planning - Update Page 2 of3 November 15, 1999 3) Two meetings have been scheduled with seniors in the community to discuss Y2k concerns and home planning issues. The Parks and Recreation Department scheduled these meetings on Y2k in November to be held at the Senior Center. The Police Chief, as Emergency Management Director, will participate in providing information to, and answering questions from area seniors. 4) The Park and Recreation Department will make available, in addition to other mass transit vehicles i.e. school district, the use ofthe senior center van, ifthe need arises to transport vulnerable seniors to designated shelter facilities. 5) A list of designated shelter facilities in the community will be discussed and coordinated with ISD 192 officials and Dakota County in the near future. A School District Y2k Meeting scheduled on Tuesday, September 28, 1999 was attended by Police Chief Siebenaler. 6) The Public Works Department has researched and will take appropriate action to ensure uninterrupted water flow from City reservoir facilities to the public in the event of a power failure during the 12/31/99 weekend. 7) The Public Works Department has indicated that area lift stations have been wired for connection to back-up generators. Back-up generators have been ordered and will be delivered to the City during November. 8) The City Council previously authorized the wiring of the Fire station to accommodate a connection to portable back-up generator power source. In case of a power failure, a back-up generator would then power the entire station. The back-up power generator at City Hall is tested on a monthly basis and will be tested weekly in December to ensure operational readiness. 9) Each department has provided telephone numbers, to include home, pager, cell #, of all key department staff to my office. A roster has been developed and distributed to appropriate staff and Dakota County. In addition, Dakota Electric is in the process of generating a communications roster for City use. This will be distributed to public safety representatives. 10) The Fire Department has initiated and confirmed local contacts for emergency fuel supply access for City vehicles. All Departments will ensure that their respective vehicles are fully fueled prior to the December 31 st weekend. 11) My office will be scheduling a meeting with the Mayor and Mayor Pro-tem to discuss emergency management procedures relative to public emergency declarations. This meeting will be scheduled in the Fall of this year. The Police Chief is the designated Emergency Management Director for the City. A suggested meeting date would be the week of December 6th or the week of December 13th. As only two Council members are involved, the meeting could be held during the day at a mutually convenient time. Y2K Contingency Planning - Update Page 3 of3 November 15, 1999 12) Staffing issues for Police, Fire, Public Works, Parks and Recreation and Administration have been arranged to ensure that off-duty personnel are available for immediate call-out. While it is anticipated that Y2k issues will cause minimal disruptions, public safety, maintenance and key administrative staff will be available to respond and take timely action as required by circumstances. ACTION REOUESTED For Council information only. File City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /06 TO: Mayor and Council Members City Administrator~jW Lee Smick, AICP Planning Coordinator FROM: SUBJECT: Farmington Townhomes 1 st Addition Development Contract DATE: November 15, 1999 INTRODUCTION The Development Contract for the Farmington Townhomes 1 st Addition has been drafted in accordance with the approval and conditions placed on the approval of the Preliminary and Final Plat. DISCUSSION The Farmington Townhomes 1 st Addition Development Contract requires the following conditions to be agreed upon: . The Developer enters into the Development Contract; and . The Developer provides the necessary security in accordance with the terms of the Contract; and . The Minnesota Department of Transportation approves the access points on the frontage road. The Planning Commission recommended approval of the Farmington Townhomes 1 st Addition Preliminary and Final Plat on July 13, 1999. The City Council approved the preliminary and final plat on August 16, 1999 subject to the preparation and execution of a Development Contract and approval of the construction plans. The Minnesota Department of Transportation has found the plan acceptable as shown on the attached letter, however, the Developer is still required to apply for a MN/DOT access permit. The City Attorney has reviewed and approved the Development Contract for the Farmington Townhomes 1 st Addition. ACTION REQUESTED Adopt the attached resolution authorizing its signing contingent upon the above conditions and approval by the Engineering Division. Respectfully submitted, ~ (/ /' ( -<"C -\?u:-?c:L: Lee Smick, AICP Planning Coordinator cc: Sherman Associates RESOLUTION NO. R APPROVlNGDEVELOPMENTCONTRACT FARMINGTON TOWNHOMES 1 ST ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 15th day of November, 1999 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R79-99, the City Council approved the Preliminary and Final Plat of Farmington Townhomes 1 st Addition subject to the following conditions. 1. the Developer enters into the Development Contract; and 2. the Developer provides the necessary security in accordance with the terms of the Contract; and 3. the Minnesota Department of Transportation approves the access points on the frontage road. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15th day of November, 1999. Gerald Ristow, Mayor Attested to this _ day of ,199_0 SEAL John F. Erar, City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Ik- TO: Mayor, Council Members, City Administrator~ Lee Smick, AICP Planning Coordinator FROM: SUBJECT: Amend Section 2-9 (11-20) and Section 10-6-14 of the Farmington City Code -Landscape Ordinance DATE: November 15, 1999 INTRODUCTION City staff has proposed an amendment to Section 2-9 (11-20) and Section 10-6-14 of the Farmington City Code to provide for a revised landscape ordinance. DISCUSSION The amendment to Section 2-9 (11-20) - "Reforestation Advisory Commission" includes the removal of Section 2-9-11 to 2-9-20 and transferring these requirements to Section 10-6-14. The amendment to Section 10-6-14 includes the addition of the following: perimeter parking lot planting requirements, interior parking lot planting requirements, buffer/screening requirements, tree maintenance on City boulevards, tree protection in construction zones and planting requirements near overhead utility lines. These amendments will mainly address commercial and industrial uses. The boulevard tree planting requirements will address requirements for residential subdivisions. Development of the Revised Landscape Ordinance The revised landscape ordinance has been in the development process since the fall of 1998. Continued refinements to the proposed revisions have taken place throughout this time period and have assisted in the development of the latest version attached to this document. A number of groups and individuals have commented on the revisions including Boards and Commissions, nurseries, landscape design professionals, the Builder's Association of the Twin Cities and City staff. Preparation of the revisions began in the fall of 1998 with numerous reviews at the Development Committee level. Recommendations from the Development Committee were incorporated into the ordinance and reviewed by the Builder's Association of the Twin Cities (BATe) on November 20, 1998. Comments from BA TC were further incorporated into the ordinance and eventually the document was reviewed at the Planning Commission on January 12, 1999 and February 9, 1999 as a discussion item (see attached minutes). The City Council held a workshop on February 23, 1999 to review the proposed landscape ordinance. City staff presented the ordinance and the only major comment received from the workshop was the proposal to require interior parking lot landscaping islands within parking lots of twenty spaces or more. One concern expressed at the meeting related to the placement of interior islands within parking lots because of problems associated with the plowing of snow and the need to keep lots clear of obstructions. However, at this workshop, it was determined that consideration of the landscape ordinance be delayed until the fall after the peak building season was completed and no further action was taken concerning the interior parking lot planting islands. The Planning Division recently presented the proposed landscape ordinance for review at the October 12, 1999 Planning Commission meeting as a discussion item. Comments from this meeting included concerns over the interior parking lot planting requirements citing that the maintenance of lots with interior islands is difficult because of the turning movements of the equipment around the islands causing damage to the plows or the islands. City staff presented benefits of the interior parking lot landscaping requirements to the Planning Commission for their consideration. The following list identifies how landscaping within a parking lot and the need for parking lot islands provides benefits to the community: . Landscaping within the parking lot provides aesthetic benefits by breaking up large expanses of asphalt and promoting a community identity of desiring attractive commercial, industrial and business park developments. . Interior parking lot landscaping provides improved air quality by the absorption of pollutants and moderates temperatures from heat generated from the asphalt. . Landscaping also promotes the reduction of glare and reflections from the sun, street lights and automobile lights creating safer driving conditions within the parking lot. . Interior islands assist in directing traffic throughout the parking lot especially on the end of a parking aisle where traffic is funneled to the circulation roadway system at the outer- edge of the lot. . Interior islands provide areas for the placement of light standards. · Interior islands can be configured to accommodate snow plowing maintenance. . The survey of communities suggests that interior parking lot landscaping positively effects the identity of a community. The Planning Commission was receptive to these benefits, however, the Commission stated that the City Council should have the final decision concerning this requirement. A public hearing for the revised landscape ordinance was held on October 26, 1999. The Planning Commission recommended approval of the ordinance contingent on the inclusion of a certified arborist to prepare the landscape plan in addition to the list including a registered landscape architect, registered architect, horticulturist or landscape designer. City staff will be requesting the review and approval of the landscape ordinance at the November 15, 1999 City Council meeting. 2 Vision for the City of Farmington One of the visions for the City of Farmington determined during the Comprehensive Plan Update was to provide aesthetically pleasing commercial, industrial and business park developments along with the beautification of the downtown area through landscaping. This vision will provide an improved quality of life through the creation of a healthful environment, more attractive city, and the promotion of a community identity. Objectives to this goal include the increased awareness of the improved aesthetics within our community while protecting natural areas and preserving pleasing vistas. Other objectives include the consideration of aesthetic impacts at major entrances to the City, buffering between incompatible land uses and developments that help make the City an attractive place in which to live. One of the major objectives to the revised landscape ordinance is to beautify the City through landscaping for new developments and to create a City that will become more aesthetically desirable to the citizens in the future. By requiring additional landscaping, the ordinance will also create a healthful environment, develop an improved quality of life and provide for transitions between incompatible land uses through buffering and screening. Proposal The proposed landscape ordinance provides both revisions and additions to the existing landscape ordinance. Revisions include: 1. Allowable street tree species. 2. Tree maintenance on City boulevards. 3. Spacing requirements for trees on City boulevards. Additions include: 1. Purpose statement. 2. Defmitions concerning the landscape requirements. 3. Requirement for a registered landscape architect, registered architect, certified arborist, horticulturist or landscape designer to prepare the plan. 4. Perimeter parking lot requirements. 5. Interior parking lot requirements. 6. Screening of high activity uses, storage yards and double frontage lots. 7. Planting specifications. 8. Written language stating that "the Developer is responsible for insuring that the boulevard trees are planted per the landscape plan as required by the Development Contract." 9. Tree protection in construction zones. 10. Overhead utility line planting requirements. Costs to the Developer The costs to the Developer due to the ordinance changes for additional landscape material are minimal when considering the increased value of the property and the cost of the entire construction project. When addressing the increased value of the property through additional plantings on the site, it is important that a design professional make knowledgeable choices concerning the types of plantings suitable in this climate and how the plants function in the built environment. The revised landscape ordinance proposes the need for a registered landscape architect or architect, a 3 horticulturist or landscape designer to prepare the landscape plan to insure that the plantings chosen for the site will survive and will function as intended in the built environment. Design fees charged by a registered landscape architect depend on the size of the project and are typically billed hourly. An architect would typically prepare a landscape design along with the design for the structure, charging no additional fee for this service. The design fee for a horticulturist or landscape designer usually ranges from $250 - $1,000 per landscape plan, depending on the size of the project. Therefore, compared to the costs of the total project and rate of survival for the plantings chosen for the site, it will be more economically feasible to retain a professional to design the landscape plan. In evaluating the costs for additional landscaping to meet the requirements of the revised landscape ordinance, a typical site was evaluated and costs for landscaping was reviewed. The Kwik Trip at 217 Elm Street was examined regarding the size of the site and the cost of the building construction and the cost of landscaping. Construction costs for the building, excluding the grading of the site and surfacing of the parking lot, was identified to be $150,000 on the building permit issued in 1994. Total landscaping costs for the site including the boulevard tree requirements and perimeter parking lot requirements were identified at $2,485 or approximately 1.7% of the total cost in construction of the building. For comparison purposes, Apple Valley requires the minimum cost of landscaping a commercial site to be 2.5% of the estimated building construction costs. The revised landscape ordinance represents the consolidation of efforts from numerous individuals including the Builders Association of the Twin Cities, City staff, developers, builders and professionals in the design field. Advantages of the Proposed Amendment The revised landscape ordinance will result in the following: · Environmental benefits to the community through the introduction of plant material will provide improved air quality by the absorption of pollutants, moderation of daily temperatures, and reduced soil erosion and runoff. · Functional benefits to landscape plantings include the reduction of glare and reflections from the sun, street lights, and automobile lights, reduction of noise by the absorption and dispersion of sound energy and the provision of wind breaks for slowing wind velocity and the reduction of heating costs. · Economic benefits from the installation of plant material will include increased property values for owners and surrounding properties, the conservation of energy from shade trees planted near buildings, and the increased appeal of commercial areas to shoppers driving to the site. · Aesthetic benefits in requiring landscaping will include the creation of pleasing vistas, unifYing and organizing disparate site elements, and establishing a community identity to the City ofFannington. · Submitted plans will achieve a higher level of design through the employment of a registered landscape architect, registered architect, certified arborist, qualified horticulturist, or a landscape designer with an established firm. 4 Disadvantages of the Proposed Amendment Issues related to the revision of the existing landscape ordinance include the following: · An increase in development costs for the amount of plant material required and installation of the plants, but the total amount of expenditure will in most cases still be a relatively small percentage of total construction costs. · An increase in development costs because of the need for employing a registered landscape architect, registered architect, certified arborist, horticulturist or landscape designer with an experienced firm; however, this should result in greater plant survival rates and higher design standards and quality. Conclusion The revised landscape ordinance has been developed to create an improved quality of life for the citizens of Farmington and reach the goals of the vision statements for the City. In comparing the advantages and disadvantages, it is apparent that a significant number of benefits will be seen from the approval of the revisions and additions. ACTION REOUESTED Adopt the attached amendment to Section 2-9 (11-20) and Section 10-6-14 of the Farmington City Code concerning the Landscape Ordinance. Respectfully submitted, ~~ Lee Smick, AICP Planning Coordinator Summarv of Attachments 1. Revised Landscape Ordinance 2. Existing Landscape Ordinance ((Sec. 2-9 (11-20) and Sec. 10-6-14)) 3. Matrix of Surrounding Community Requirements 4. Illustration of Street-Side Tree Planting Requirements 5. Illustration of Parking Lot Perimeter Landscaping Requirements 6. Illustration ofInterior Parking Lot Landscaping Requirements 5 ORDINANCE NO. 099-441 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 2 CHAPTER 9 AND SECTION 10-6-14 OF THE FARMINGTON CITY CODE CONCERNING LANDSCAPING THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Title 2 Chapter 9 and Section 10-6-14 of the Farmington City Code is amended in its entirety to read: 10-6-14: LANDSCAPING: (A) 1. 2. 3. 4. (B) 10/21/99 1 11/1 0/99 2 (C) LANDSCAPE PLAN REQUIREMENTS: 1. Plans for required landscaping in the B-1, B-2, B-3 and 1-1 Districts and for multi-family dwellings shall be submitted to the planner for approval before any permits are issued. The plan, at apprepriate seale, shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan. (D) LANDSCAPE PLAN CONTENTS: A landscape plan shall include the following information: 1. and graphic scale, 2. 3. Accurate final grades at two-foot (2') contour interval. 4. 11/10/99 3 5. 6. 7. 8. 9. 10. (E) GENERAL LANDSCAPING: 11/10/99 1. 2. In all residential, business and industrial districts, except in B-2 and B 3, developed uses shall provide a landscaped yard along all public streets. This yard shall be free from structures, storage and off-street parking, except for driveways, and shall be at least twenty feet (20') in depth. lots or parcels in any nonresidential zoning district are within one- feet (100') of a residential zoning district 4. High-density residential developments which range from seven (7) and sixty (60) units per acre shall include at least twenty percent (20%) of the parcel as landscaped open space and ten percent (10%) of the parcel must be developed for private recreation and/or common open space. 4 11/10/99 5. New business construction in the B-1 Limited Business and the B 2 Ge1'leral Bl:lsif1ess Disiriet shall maintain a minimum of ten percent (10%) of the site area as landscaped open space devoted to pedestrian use. 6. 7. (a) (b) (c) (a) (b) (c) 5 11/1 0/99 (d) (e) (f) (g) 8. 9. 6 10. (F) PLANTING REQUIREMENTS 1. (a) (b) (c) (d) (e) (f) (g) hundred percent (75-100%) surface coverage after two growing seasons. 2. 11/10/99 7 3. (G) STREET TREE SPECIES TO BE PLANTED: 1. The following list constitutes the official street tree species for Farmington, Minnesota. No species other than those included in this list may be planted as street trees without written permission of the Reforestation Advisory Commission. (Ord. 090-239, 12-17-90) 2. Allowable Street Tree Species Ash Marshalls Summitt Patmore Kindred Burgesen Dakota Centennial Linden American Greenspire Redmond Sentry Oak Burr English Northern Red Pffi Swamp White Maple Emerald Queen Green Mountain ~ Cleveland Maple Emerald Lustre Northwood Red Maple Majesty Fire Dance Schwedler Deborah Birch Papef Heritage Ri'/er ~ \Alhite Spire Other Imperial Honeylocust Skyline Honeylocust Sunburst Honeylocust Ginkge Bileba Northem Catalpa Ironwood Hackberry R.~ga~Elrii ':::::::::::~::::::::~~"" ',' ,';::::::':":":":::'::':';':':';':':::"':'::>';:::;:';:;'<., SyetHRElfl2i Ohio Bl:lekeye 11/10/99 8 11/10/99 (a) (b) (c) (d) The distance trees may be planted from curbs and sidewalks shall be no closer than three feet (3'). (Ord. 091-254, 8-5-91) No street tree shall be planted closer than ten feet (10') from any fireplug. Utilities: No street tree may be planted Haser 0r within ten (10) lateral feet of any underground water line, sewer line, overhead or underground transmission line or other utility. Gopher State One shall be called to request locations of utilities. 9 (H) 1. (a) (b) (c) (d) (e) (t) (g) 11/10/99 (h) (i) 10 (1) TREE TOPPING: 1. It shall be unlawful as a normal practice for any person to top any street tree, park tree or other tree on public property except as allowed in Section 8-6-10 of the City Code. Topping is defined as the severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Section at the determination of the City Reforestation Advisory Committee. (J) PRUNING, CORNER CLEARANCE: 1. Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of ten feet (10') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the' safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign. (K) DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY: 1. The City shall have the right to cause the removal of any dead or diseased trees on private property with the City in accordance with Chapter 7-6-2 of the City Code when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees in the City. The City Reforestation Committee will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice. (L) REMOVAL OF STUMPS: 1. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (M) 1. 11/10/99 11 (N) 11/10/99 2. 1. 2. 12 (N) LANDSCAPE GUARANTEE: 1. All new Plantings shall be guaranteed for two (2) full years from the time planting has been completed. Plants not alive at the end of the guarantee period shall be replaced. (Ord. 089-212, 2-6-1989). 2. Surety: Prior to approval of the landscape plan, the applicant shall submit surety acceptable to the City Administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided for guaranteeing completion and compliance with the plan. (Ord. 094-340, 11-21-1994). 3. A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed. (Ord. 089-212,2-6-1989). SECTION 3. Effective Date. This ordinance shall be effective immediately upon its passage. ADOPTED this 15th day of November, 1999, by the City Council of the City of Farmington. 10/21/99 13 CITY OF FARMINGTON By: Gerald Ristow, Mayor Attest: John Erar, City Administrator SEAL Approved as to form the day of , 1999. City Attorney Published in the Farmington Independent the day of ,1999. 10/21/99 14 2-9-1 SECTION: 2-9- 1: 2-9- 2: 2-9- 3: 2-9- 4: 2-9- 5: 2-9- 6: 2-9- 7: 2-9- 8: 2-9- 9: 2-9-10: 2-9-11 : 2-9-12: 2-9-13: 2-9-14: 2-9-15: 2-9-16: 2-9-17: 2-9-18: 2-9-19: 2-9-20: 2-9-21 : 2-9-22: 2-9-23: 2-9-24: 2-9-1 : 1280; 191 ;392 2-9-1 CHAPTER 9 REFORESTATION ADVISORY COMMISSION ({]L/~Hf tJRPIHA,4/ee) Commission Established Purpose Composition; Terms of Office Officers Meetings Compensation Effective Date Definitions Duties and Responsibilities Operation Street Tree Species to be Planted Spacing Distance from Curb and Sidewalk Distance from Street Corners and Fireplugs Utilities Public Tree Care Tree Topping Pruning, Corner Clearance Dead or Diseased Tree Removal on Private Property Removal of Stumps Interference with City Reforestation Advisory Commission Arborists Ucense and Bond Review by City Council Penalty " COMMISSION ESTABLISHED: In accordance with Department of Agriculture rules and regulations, there is hereby established a Reforestation Advisory Commission. 2-9-2 2-9-8 2-9-2: PURPOSE: The purpose of the Commission is to advise and make recommendations to the City Council in matters concerning the formulation, adoption and implementation of a Reforestation Program in the City. (Ord. 080-98, 11-3-90) 2-9-3: COMPOSITION; TERMS OF OFFICE: The Commission shall be composed of the five (5) member City Council, the chair of the Planning Commission and the chair of the Parks and Recreation Advisory Commission and shall run concurrently with the primary office held. Election or appointment to a primary position means autQ.matic membership on the Commission. The Mayor shall be allowed to appoint the City Planner to provide recommendations to the Commission and to ensure that the duties and responsibilities of the Reforestation Advisory Commission are performed as outlined in this Chapter. (Ord. 091-258, 10-7-91 ) 2-9-4: OFFICERS: A chairman and vice chairman shall be elected by and from within the Commission itself. 2-9-5: MEETINGS: The Commission shall hold an annual meeting during the first calendar quarter. Special meetings may be called with forty eight (48) hour mailed notice by the chairman or any two (2) members. 2-9-6: COMPENSATION: Members and officers shall serve without pay, but may be reimbursed for expenses incurred. 2-9-7: EFFECTIVE DATE: This Ordinance becomes/effective on January 1, 1981, following publication in the official newspaper. (Ord. 080-98, 11-3-80) 2-9-8: DEFINITIONS: PARK TREES: Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City or to which the public has free access as a park. 1280;191 ;1191 ;392 2-9-8 STREET TREES: 2-9-11 Trees. shrubs. bushes and all other woody vegetation on land lying between property lines on either side of all streets. avenues or ways within the City. 2-9-9: DUTIES AND RESPONSIBILITIES: It shall be the responsibility of the Commission to study, investigate. counsel and develop and/or update annually. and administer a written plan for the care. preservation, pruning. planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive City tree plan for the City. The Commission. when requested by the City Council, shall consider, investigate, make findings. report and recommend upon any special matter of question coming within the scope of its work. 2-9-10: OPERATION: The Commission shall choose its own officers. make its own rules and regulations, and keep a journal of its proceedings. A majority of the members shall be in a quorum for the transaction of business. ~~-0 STREET TREE SPECIES TO BE PLANTED: The following list constitutes the official street tree species for Farmington, Minnesota. No species other than those included in this list may be planted as street trees without written permission of the Reforestation Advisory Commission. (Ord. 090-239, 12-17-90) ALLOWABLE STREET TREE SPECIES Ash Marshalls Summit Patmore Kindred Burgesen Dakota Centennial Maple Flax Mill Majesty Cleveland Fire Dance Schwedler Deborah 191 :991 :392:892 Linden American Greenspire Legend Redmond Sentry Oak Burr English Northern Red Pin Swamp White Emerald Queen Sugar Green Mountain Sugar Emerald Lustre Northwood Red City or Farmington 2-9-11 . 2-9-16 Allowable Street Tree Species (cant.) ., Birch Paper Heritage River River White Spire Other Ginkgo Biloba Imperial Honey Locust Skyline Honey Locust Ironwood Hackberry Northern Catalpa Ohio Buckeye Sycamore (Ord. 092-273, 7-20-92) 2-9-12: SPACING: The spacing of street trees of the species listed in Section 2-9-11 of this Chapter will be planted no closer together than thirty feet (30'), except in special plantings designed or approved by a landscape architect or the City Planner. (Ord. 090-239, 12-17-90) 2-9-13: DISTANCE FROM CURB AND SIDEWALK: Boulevard trees shall be planted seven feet (7') from the property line. The distance trees may be planted from curbs and sidewalks shall be no closer to any curb or sidewalk than three feet (3'). (Ord. 091-254. 8-5-91) 2-9-14: DISTANCE FROM STREET CORNERS AND FIREPLUGS: No street tree shall be planted closer than thirty five feet (35') of any street corner, measured from the point of nearest intersection curbs or curblines. No street tree shall be planted closer than ten feet (10') of any fireplug. 2-9-15: UTILITIES: No street tree may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line. sewer line, transmission line or other utility. Gopher State One Call shall be called to request locations of utilities. 2-9-16: PUBLIC TREE CARE: The City shall have the right to plant, prune. maintain and remove trees. plants and shrubs within the lines of all streets. alleys, avenues, lanes. squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. 191 :991 :392:892 City or Farmlnl!ton 2-9-16 2-9-19 The City Reforestation Advisory Commission may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. This Section does not prohibit the planting of street trees by adjacent property owners provided that the selection and location of said trees is in accordance with Sections 2-9-11 through 2-9-15 of this Chapter. 2-9-17: TREE TOPPING: It shall be unlawful as a normal practice for any person to top any street tree, park tree or other tree on public property except as allowed in Section 8-6-10 of the City Code. Topping is defined as the severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Tress severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Section at the determination of the City Reforestation Advisory Commission. 2-9-18: PRUNING, CORNER CLEARANCE: Every owner of any tree overhanging any street or right of way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign. " 2-9-19: DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY: The City shall have the right to cause the removal of any dead or diseased trees on private property within the City in accordance with Chapter 7-6-2 of the City Code when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees in the City. The City Reforestation Commission will notify, in writing, the owners of such trees. Removal shall be dona by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of 191 ;392 .\ \ \ 't \ 2-9-19 2-9-24 owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice. ~ REMOVAL OF STUMPS: All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. 2-9-21: INTERFERENCE WITH CITY REFORESTATION ADVISORY COMMISSION: It shall be unlawful for any person to prevent, delay or interfere with the City Reforestation Advisory Commission, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized by this' Chapter. 2-9-22: ARBORISTS LICENSE AND BOND: It shall be unlawful for any person to engage in the business or occupation of pruning. treating or removing street or park trees within the City without first applying for and procuring a license. The license fee shall be forty dollars ($40.00) annually in advance; provided. however, that no license shall be required of any public service company or City employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued. each applicant shall first file evidence of possession of liability insurance in the minimum amount of fifty thousand dollars ($50,000.00) for bodily injury and one hundred thousand ($100.000.00) property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. 2-9-23: REVIEW BY CITY COUNCIL: The City Council shall have the right to review the conduct, acts and decisions of the City Reforestation Advisory Commission. Any person may appeal from any ruling or order of the City Reforestation Advisory Commission to the City Council who may hear the matter and make final decision. 2-9-24: PENALTY: Any person violating any provision of this Chapter shall be, upon conviction or a plea of guilty, subject to a fine not to exceed seven hundred dollars ($700.00). (Ord. 090-239, 12-17-90) 191 ;392 -- 10-6-13 , 0-6-1 7 i:l 8) 3. Any material and equipment stored outside except in display yards or for those being used for construction on the premises. (C) Screening shall be required in all districts where waste material is stored other than in an enclosed building (Ord. 086-177, 3-17-86) ~0 LANDSCAPING: (e 11~ t),e2)/#'.##~E) (A) In all residential. business and industrial districts. except in 8-2 and 8-3. developed uses shall provide a landscaped yard along all public streets. This yard shall be free from structures. storage and off-street parking. except for driveways, and shall be at least twenty feet (20') in depth. (F) (B) Where lots or parcels in any nonresidential zoning district are adjacent to a residential (R-1, R-2, R-3. R-4) zoning district and not separated by a street. the landscaped yard shall be at least ten feet (10') in width. High density residential developments which range from seven (7) and sixty (60t units per acre shall include at least twenty percent (20%) of the parcel as landscaped open space and ten percent (10%) of the parcel must be developed for private recreation and/or common open space. (C) (D) New business construction in the B-1 Limited Business and the B-2 General Business District shall maintain a minimum of ten percent (10%) of the site area as landscaped open space devoted to pedestrian use. (E) Landscaping in the B-3 and 1-1 Districts shall emphasize shade for parking areas. Areas not to be paved shaJI be graded and planted to grass. Plans for required landscaping in the B-1, B-2, 8-3 and 1-1 Districts and for multi- family dwellings shaJl be submitted to the planner for approval before any permits are issued. The plan, at appropriate scale, shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan. The required plan shaU show the following: <..... " ." , 1. AcaJrate final grades at two foot'minimum contour interval. 2. All driveways, parking areas, islands, sidewalks, structures, utilities and other features affecting landscaping of the site. 3. Location and identification of existing trees or tree masses, if heavily wooded. ~- 4. A planting schedule consisting of a key, botanical name, common name, quantity I size and planting instructions. 5. NormaJ mature spread for all proposed plantings in this hardiness zone. 6. Typical sections of landscaped island planting beds and retaining walls. (G) The following landscaping standards and criteria shall apply: 688;1088:888:48& 10-6-14 10-6-14 1. Minimum Plant Size: All plants must equal the following minimum size: Deciduous trees Ornamental or specimen trees Evergreen trees Tall shrubs and hedge material Low shrubs Spreading evergreens 21/2 inch caliper 11/2 inch caliper 5 - 6 feet 3 - 4 feet 21/2 feet 11/2 - 2 feet 2. Spacing: (a) The center of plant materials shall not be located closer than three feet (3') from property lines. (b) Deciduous trees shall be planted not more than forty feet (40') apart. (c) Where massing of plants or screening is intended, large deciduous shrubs shall be planted not more than four feet (4') on center and evergreens shall be planted not more than three feet (3') on center. '~ 3. Tree Types: Types of trees encouraged include: Oak Norway, Sugar and Red Maple Hackberry River Birch Imperial, Skyline and Sunburst Locust Greenspire and Redmond Linden Summit and Marshalls Ash Ginkgo (male only) Kentucky Coffee Tree 4. Design: (a) The landscape plan must show some form of designed site amenities largely intended for aesthetic purposes. (b) Seeding, sodding, ground covers or shrubs will be required in all areas not utilized by buildings, parking areas, driveways, walks or planting beds. (c) Turf slopes in excess of 2:1 are prohibited. 398 City of Farmington 1 0-6-14 10-6-15 (d) Underground irrigation systems or exterior water sources shall be required to assure adequate landscape maintenance. 5. Landscape Guarantee: All new plantings shall be guaranteed for two (2) full years from the time planting has been completed. Plants not alive at the end of the guarantee period shall be replaced. (Ord. 089-212, 2-6-1989) 6. Surety: Prior to approval of the landscape plan, the applicant shall submit surety acceptable to the City Administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided for guaranteeing completion and compliance with the plan. (Ord. 094-340, 11-21-1994) (H) A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed. (Ord. 089-212, 2-6-1989) FENCES: Fences shall be permitted in all yards subject to th following: (A) idential Fence Heights: In residential districts fo foot (4') fenc may be located on any lot line except that fe es on interior lots m be six feet (6') in height on the side nd rear lot lines beginning t the nearest front corner of the pri pal building. (B) ces up to six feet (6')' height may be constructed on the side and ar lot lines behin e nearest front corner of the principal building su 'ect to the fo wing: 2. 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Q) 1-4 ~ 'a!:l ~ i;:g;:<<i Q) 0 "l:) go ~.o 8 I-< ~ ~ ~ o<<il-<g. ~ 'g ~ I-< f3 iJ <<i Q) = Q) "l:) .J:> 0: '0 23 .s ::l I-< ~ Q) c.9 ~ 'is. la ~ .J:> ~ ~ Q)sQ)~-d .=: Q).J:>_ 0 "'las=> js~~~ .... ~ '" ~ I-< U~~Q)Q) o~J:j&i~ d ~ -s a ~ o 00 -g ] ~ '" .... -= s ~ 'S C" ~ ~ 00 ~ ;SA :E U ~ Street-Side Tree Planting Requirements Commercial Commercial Street Trees planted at 1 treel40 linear feet and installed in the 25' Front Yard Setback Plan View Commercial Building Commercial Building Front Yard S~.1k Setback Sid_.lk Front Yard Setback Elevation 8 25' Front Yard Setback ~~ 44' Parking Lot Surface Parking Lot Perimeter Landscaping Requirements Proposed Residential, Commercial, Office or Industrial Use .,. I Required 10' parking lot perimeter strip showing trees at I per 40' and shrubs at 3 per 40' Plan View C1L 18' Sidew_1k Perimeter Strip Parking Stall 14' Local Stnet Elevation 9 Interior Parking Lot Landscaping Requirements "1 I " I Proposed Residential, Commercial, Office, or Industrial Required Landscaping of End Islands ~ Plan View Elevation 10 OIl = ";' .. .- .. ~ = .. ..J ... ~ .. E -;: .. c. 0; ..J OIl = :i ... .. c. ~ .. ... -; a' .. cz: Planning Commission Minutes Regular January, 12 1999 1. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Schwing, Larson, Rotty, Ley Members Absent: None Also Present: Community Development Director Olson, Planning Coordinator Smick, Associate Planner Schultz, Public Works Director/City Engineer Mann 2. Smick informed the Commission that the December 8, 1999 minutes will be distributed during the next regularly scheduled Planning Commission meeting for approval. ' Chair Schlawin opened all the public hearings scheduled for the January 12, 1998 Planning Commission meeting. 3. Planner Smick began the continued public hearing by revisiting some of the information concerning the application to amend the Comprehensive Plan and rezone from R-2 (Medium Density Residential) to B-2 (General Business) for 821 Third Street. Smick reported her findings on the meeting that was held between the property owners and the residents held on January 7, 1999. Those findings include resident concerns over noise, business hours, outdoor stomge of cars and parts and only for the priming of cars concerning Airlake Ford and also concerns of outdoor mixing and dumping of powders and materials concerning the veterinary lab. Smick went on to outline staffs recommendations that included considering adopting a new business zoning designation and for the applicants to withdraw the Comprehensive Plan Amendment and to apply for a conditional use permit for a change of non- conforming use. Chair Schlawin opened the hearing for public comments. Dave Kennedy, 312 Maple St., voiced concern over the air quality if priming of vehicles were permitted. Staff and the public followed with questions and answers over air and ground quality testing. All parties discussed the different scenarios to approach the existing application and what needed to be done after the appropriate actions were taken. Commissioner Rotty suggested that staff and the applicants have continued discussions to clarify what needs to be done. Community Development Director Olson and the applicants excused themselves from the hearing to discuss their options. Planner Smick moved on to the next Public Hearing item (see #4). Community Development Director Olson and the applicants returned to the Public Hearing in which the applicants voiced their desire to withdraw their application to amend the Comprehensive Plan and to rezone the property to B-2 (Geneml Business). The applicants wished to continue with the Conditional Use Permit to recognize the Airlake Ford repair facility as an illegal non-conforming use. 4. Smick introduced the proposed amendment to Title 10 of the Fannington Zoning Ordinance, Section 10-1-4 concerning new definitions of "Day Care Facilities", "Residential Car Facilities", "Personal and Professional Services" and "Neighborhood Services". Smick also stated that the amendment would also include changes to 10-3-1 and 10-3-2 pertaining to "Clinics" as pennitted uses and certain "Residential Care Facilities" as conditional uses in the B-1 and B-2 districts. 5. Q 7. Smick stated that because of the situation with the new B-4 Neighborhood Business district that staff is recommending to continue the public hearing of the text amendments to the March 9, 1999 Planning Commission meeting. Chair Schlawin asked the Commission if there were any questions or concerns about the amendments. There were none, but Schlawin did infonn staff to research some current State Legislative action that effected day care facilities. MOTION by Schwing, second by Larson to continue the public hearing to the March 9, 1999 Planning Commission meeting. APIF, MOTION CARRIED. Planner Smick presented to the Commission the latest Comprehensive Plan map for the Comprehensive Plan Update, Smick discussed the previous concerns from the Commission and how those changes were made related to the map. Commission and staff also discussed having the commercial area removed from the northwest comer of Denmark Ave and Ash Street. Questions and discussion followed over other land use designations and possible alternatives. No other corrections were made. MOTION by Schlawin, second by Schwing to adopt the Land Use Plan as an element of the Comprehensive Plan Update and forward it to the City Council. APIF, MOTION CARRIED. Planning Coordinator Smick introduced the proposed Landscape Ordinance amendment to the Zoning Code. Smick requested that the Commission take some additional time to properly review the ordinance because continued discussions would return at either the February or March Planning Commission meeting. Smick briefly discussed comparisons to other communities and touched on some of the major changes in the proposed ordinance revision. Discussion ensued over some of the points being presented. The Commission agreed to continue to review the proposal and bring any issues back to a future meeting. Smick introduced staff's report on amending the Zoning Ordinance for the newly proposed B-4 Neighborhood Business District. Smick stated that the new zoning district stemmed from previous discussions with the Commission and that an additional business district was needed that would serve residential areas on parcels three acres or less. Smick noted to the Commission the comparisons made to surrounding communittes and the staff's net result. The Commission and staff discussed the proposed pennitted and conditional land uses and the appropriateness of each. Some Commissioners voiced concern over the "no gasoline sales" and limiting the size of Neighborhood Convenience stores. It was discussed that the trend is opposite in that most, if not all convenience stores had gasoline sales. Comments were also given. on restaurants and sale of alcohol, staff noted the concern and would make the change. Commissioner Schwing suggested moving Planning Commission Minutes Regular February 9, 1999 1. Interim Chair Schwing called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schwing, Larson, Rotty, Ley, Johnson Members Absent: None Also Present: Community Development Director Olson, Planning Coordinator Smick, Associate Planner Schultz 2. Community Development Director Olson read aloud the sworn oaths of office signed by Commissioners Rotty and Johnson. 3. Schwing requested nominations for the election of the Planning Commission Chairman and Vice-chairman. Commissioner Larson nominated Schwing as Chairman, seconded by Ley. YES-. Larson, Ley, Johnson, Rotty; ABSTAIN- Schwing. MOTION CARRIED. Larson nominated Commissioner Rotty as Vice-chair, seconded by Schwing. YES- Ley, Larson, Schwing, Johnson; ABSTAIN- Rotty. MOTION CARRIED. 4. Chair Schwing requested comments concerning the December 8, 1999 minutes. There were none. MOTION by Rotty, second by Larson to approve the minutes. YES- Rotty, Ley, Larson, Schwing; ABSTAIN- Johnson. MOTION CARRIED. Chair Schwing opened all scheduled and continued public hearings as this time. 5. Planning Coordinator Smick presented the report on the B-4 Neighborhood Business District and the resulting comments from the City Council which reviewed the proposed district at the January 19th meeting. Smick went on to read aloud the revised permitted and conditional uses. Questions were posed from the Commission of the appropriateness of some of the uses. Staff replied that the Commission would need to make that decision of what is appropriate. Commissioner Ley asked if there are any other areas within the City that this zoning district could be applied to. Smick replied that there are several areas that staff is reviewing as possibilities. Chair Schwing entered into the record the legal opinion of Andrea Poehler of Campbell Knutson (City Attorney) of the methodology in which to entertain the issues in order they appear on the agenda. Schwing also entered into the record the written statement from Ron Ersfeld, 820 Third Street. Marv Wier, 808 Tbird Street, voiced concerns over limiting delivery truck size, outside lighting and signage. Smick replied that it is difficult to determine what the appropriate truck size would be. Community Development Director Olson added that it is a challenge to meet all the concerns of the property owners but staff is attempting to limit it to the appropriate size and scale of the site. €) 13. closed by recommending to the developer to possibly hold a neighborhood meeting to answer any questions or concerns they may have before any public hearings. 10. Planner Smick informed the Commission of the March 17th meeting with the City Council concerning the 2020 Land Use Plan. Smick presented the City Council recommendations toward the proposed 2020 Land Use Plan; those included an industrial site in the north portion of the City adjacent to the railroad, the multi-family and commercial at 220th St and Denmark Ave. The Commission was not support of the industrial area to the north or the commercial land at 220th and Denmark. The Commission reminded staff of an agreement with downtown business owners of no new commercial areas on the downtown fringes. Smick will report the Commissions recommendations back to the City Council. 11. Smick presented to the Commission the proposed 2020 Thoroughfare Plan. Smick presented the major changes to the plan which included the proposed County Road 60 (or 179th Street), concern with 20Sth Street and an alignment with Lakeville and the changes to interior minor collector roads. The Commission questioned the County Road 60 proposal and how it would effect property owners and the City's desire to complete 195th Street. Smick stated that some of the issues will continue to be resolved through further discussions with Lakeville and Dakota County. Planner Smick presented the revised Landscape Ordinance. Chair Schwing questioned if there would be a period of time in which the ordinance would take affect and for property owners to be aware of it. Smick replied that there would be a three month period between adoption and enforcement. Smick added that if the Commission had any additional comments to contact her. There being no further business the Commission agreed to adjourn 10:30 P.M. Submitted by, Michael Schultz Associate Planner Approved City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 14 TO: Mayor, Council Members, City Administrator~ Lee Smick, AICP rv f} Planning CoordinatoY FROM: SUBJECT: Amend Title 6 Chapter 7 of the Farmington City Code - Weeds DATE: November 15, 1999 J'~.',' INTRODUCTION The Planning Commission on October 26, 1999 approved a recommendation to amend Title 6 Chapter 7 of the Farmington City Code concerning weed control. The revisions to the chapter include the allowance of weeds or growing grasses in natural areas such as slopes, ponds, wildlife areas and natural gardens on platted lots. DISCUSSION The need fora revised weed ordinance developed from the interest of residents desiring to establish natural areas within their yards on platted lots. The following areas have been identified in the revised code to allow weeds or growing grasses: 1. Slope areas: Slopes greater than 3 to 1 may be left in natural state. 2. Pond/Wetlands: Property adjacent to ponds may be left in a natural state. Property owners will not be allowed to mow City property, including that property surrounding ponds. 3. NaturaVWildlife areas: Natural areas which include parks, wetlands/ponds, unplatted land and other City designated areas may be left in a natural state. 4. Natural areas on platted lots: Natural areas will be allowed on platted lots in backyards from the most rear corner of the home subject to a six foot (6') setback from the property lines, except in the case where the natural area is adjacent to another natural area or fence. A natural area contains native grasses meaning those species of perennial grasses other than those designated as noxious weeds by the Minnesota Department of Agriculture in 1505.0730 and 1505.0740. The revised ordinance also contains a statement concerning noxious weeds, requiring that they must be removed regardless of where they exist. The amendments will allow more flexibility for homeowners interested in the installation of natural areas. Additionally, natural areas along ponds, wetlands and wildlife areas will provide protection for these environmentally sensitive habitats. ACTION REQUESTED Adopt the attached ordinance amendment concerning Title 6 Chapter 7 of the Farmington City Code concerning weeds. Respectfully submitted, (~>~.J2 Lee Smick, AICP Planning Coordinator ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 7 OF THE FARMINGTON CITY CODE CONCERNING WEEDS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 6-7-1 ofthe Farmington City Code is amended in its entirety to read: 6- 7-1: WEED DEFINED: For the purpose of this section, the term "weeds" means noxious weeds as defined by State law aed-aU (and such useless and troublesome plants as are commonly known as weeds to the general public). All weeds or growing grasses upon any platted lot in the City which are in excess of one foot (1 '), or have gone or about to go to seed, are hereby declared to be a nuisance and dangerous to the health, safety and order of the City, with the following exceptions: 1. Slope areas: Slopes that are steeper than 3 to 1 may be left in natural state. 2. PondlWetlands: Property adiacent to ponds may be left in a natural state. Property owners will not be allowed to mow City property. including that property surrounding ponds. 3. Natural/Wildlife areas: Natural areas which include parks. wetlands/ponds. unplatted land and other City designated areas may be left in a natural state. 4. Natural areas on platted lots: Natural areas will be allowed on platted lots in backyards from the most rear corner of the home subiect to a six foot (6') setback from the property lines. except in the case where the natural area is adiacent to another natural area or fence. A natural area contains native grasses meaning those species of perennial grasses other than those designated as noxious weeds by the Minnesota Department of Agriculture in 1505.0730 and 1505.0740. Noxious weeds must be removed regardless of where they exist. It shall be unlawful for an owner, lessee or occupant of any land described above to allow, permit or maintain a nuisance as defined herein on any such land or along the sidewalk, street or alley adjacent thereto. SECTION 2. Section 6-7-2 of the Farmington City Code is amended in its entirety to read: 6-7-2 NOTICE TO DESTROY: The City Administrator is hereby authorized and empowered to notify. in writing. the owner of any such lot. place or area within the City. or the agent of such owner. to cut. destroy and/or remove any such weeds or grass found growing. lying. or located on such property or upon the sidewalk or boulevard abutting same. Such notice shall be by registered mail. addressed to said owner. at his last known address. SECTION 3. Section 6-7-3 of the Farmington City Code is amended in its entirety to read: 6-7-3 ACTION UPON NONCOMPLIANCE: Upon the failure. neglect or refusal of any owner or agent. so notified. to cut. destroy and/or remove such weeds or grass within ten C 1 0) days after receipt of the written notice provided for in Section 6-7-2 hereof. the City Administrator is hereby authorized and empowered to pay for the cutting. destroying and/or removal of such weeds or grass or to order the removal by the City. COrd. 086-180. 7-7-86) SECTION 4. Section 6-7-4 ofthe Farmington City Code is amended in its entirety to read: 6- 7-4 CHARGE A LIEN: When the City has effected the removal of such obnoxious growth or has paid for its removal the actual cost thereof. plus accrued interest as provided by law. and penalty as set forth from time to time bv resolution of the City Council. if not paid by such owner prior to thereto. shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the City. and said charge shall be due and payable by said owner at the time of payment of such tax bill. pursuant to the provisions of M.S. 429. COrd. 083-158. 12-19-83) SECTION 5. This ordinance shall be effective immediately upon its passage. ADOPTED this City of Farmington. day of 19 . by the City Council ofthe CITY OF FARMINGTON By: Gerald Ristow. Mayor Attest: John Erar. City Administrator SEAL Approved as to form the day of . 19 City Attorney Published in the Farmington Independent the day of . 19 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /~O- FROM: Mayor, Councilmembers, City Administrato~ Robin Roland, Finance Director TO: SUBJECT: Adopt Resolution - 1999 Budget Reappropriations DATE: November 15, 1999 INTRODUCTION A review of the 1999 budget suggests a need to revise the adopted revenue and expenditure levels to more closely reflect department service levels. The attached financial analysis will be reviewed with Council and recommended reappropriations will be presented. DISCUSSION The adopted 1999 budget was prepared and submitted to Council in August of 1998. Calculations in that budget were based on information from the first six months of 1998, over a year and a half ago. A budget is a financial plan which the City must live within. However, many things may change in an 18 month period and what might have been a reasonable revenue or expenditure assumption in June of 1998 may not hold true in October of 1999. Therefore, an annual reappropriation is done in the fourth quarter of the year to best reflect the City's operations for the year and head off any revenue shortfall. Management staff evaluates the accuracy of their budget projections versus nine or ten months of actual operations, and is able to reduce or reallocate their resources. Likewise, revenues are reviewed and any excess or shortfall is anticipated and provided for in the annual re-appropriation. The revenue projected in the 1999 General Fund adopted budget was $3,899,424. Revised projections show General Fund revenues of $4,116,341 - an increase of $216,917. This increase is comprised of grant revenues, government aids and charges for services which exceeded original budget estimates. A transfer in from the Municipal Tax Increment District (per the TIF agreement amendment of 1997) is also shown as additional revenue in 1999. The 1999 adopted budget called for $3,806,460 of General Fund expenditures. The revised projection calls for $3,834,075 - an increase, before transfers out, of $27,615. This increase is primarily due to implementation of the first year of the comparable worth plan and represents a 0.73% (less than one percent) change in revised expenditure forecasts from the adopted budget. The revised 1999 budget re-appropriation also includes a proposed transfer out of the General Fund to close the outstanding fund deficit in the Municipal Building Fund. In their management report, the City's auditors have identified this fund as necessitating remedial action to eliminate the deficit. The 1999 adopted budget called for an increase in the fund balance of $42,964. The revised revenues, expenditures and transfers out, would designate approximately $237,253 for the fund balance. This would bring the Fund Balance in the General Fund at December 31, 1999 to $974,794 or 23% of proposed 2000 expenditures. This is a significant step towards achieving the Fund Balance level desired by the City Council and recommended by the City's auditors. ACTION REQUIRED The recommended revisions to the 1999 Budget are attached for Council review and will be discussed at the meeting. The resolution adopting the 1999 Revised Budget is attached. A;;;:) Robin Roland Finance Director PROPOSED RESOLUTION R - 99 AMENDING THE BUDGET FOR FISCAL YEAR 1999 Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Civic Center of said City on the 15TH day of November 1999 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, City departments have reviewed current expenditure levels within their respective departments and determined that current budget authorizations may be adjusted to more accurately reflect existing service level expenditures; and WHEREAS, the City management team, under the direction of the City Administrator, has reallocated budgetary expenditures to more closely reflect actual expenditure levels during fiscal year 1999; and WHEREAS, the 1999 adopted budget shows revenue of $3,899,424, but revised projections show revenues for fiscal 1999 of $4,116,341; and WHEREAS, it is appropriate to reallocate revenues and expenditures within the 1999 city budget to maintain the balance between projected revenues and anticipated expenditures; and WHEREAS, the 1999 revised budget, a summary copy of which is attached to and made part of this budget resolution, describes the re-appropriations at each department level. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington, revises the 1999 Budget and authorizes General Fund expenditures and transfers of $3,879,088, with projected General Fund revenues of $4,116,341 and an increase to the General fund balance reserve of $237,253. This resolution adopted by recorded vote of the Farmington City Council in open session on the 15TH day of November, 1999. Mayor Clerk/Administrator day of ,1998. Attested to the CITY OF FARMINGTON GENERAL FUND PROJECTED 1999 REVENUES 15-Nov-99 COUNCIL ADOPTED PROPOSED REVISED DESCRIPTION BUDGET CHANGES BUDGET Taxes $ 1,584,943 $ $ 1,584,943 Licenses 16,200 1,075 17,275 Permits 670,750 5,000 675,750 Intergovernmental Revenue 1,016,770 52,641 1,069,411 Charges for Services 212,800 83,476 296,276 Fines & Forfeitures 45,000 45,000 Other Revenues 60,961 32,789 93,750 Total $ 3,607,424 $ 174,981 $ 3,782,405 Transfers In Budgeted 292,000 292,000 Per Municipal TIF agreement 41 ,936 41,936 TOTAL REVENUES AND TRANSFERS IN $ 3,899,424 $ 216,917 $ 4,116,341 CITY OF FARMINGTON GENERAL FUND PROJECTED 1999 EXPENDITURES 15-Nov-99 ADOPTED PROPOSED REVISED DESCRIPTION BUDGET CHANGES BUDGET Administration $ 553,077 $ (18,803) $ 534,274 Finance 282,160 3,669 285,829 Community Development 346,651 14,352 361,003 Police 942,703 21,329 964,032 Fire Services 235,791 53,554 289,345 Public Works 672,724 25,868 698,592 Parks & Recreation 773,354 (72,354) 701,000 TOTAL EXPENDITURES 3,806,460 27,615 3,834,075 Transfer to Close Mun. 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