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HomeMy WebLinkAbout10.18.99 Council Packet COUNCIL MEETING REGULAR FARMINGTON SENIOR HIGH SCHOOL AUDITORIUM October 18,1999 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) Proclamation Declaring October 25-29 Minnesota Manufacturer's Week 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (10/4/99) ,(Regular) and (10/6/99 (Special) b) 2000-2004 Capital Improvement Plan - Distribution c) Capital Outlay - Fire Department d) Set Continued Hearing - TH3 Frontage Road Project e) Holiday Decorations - Update f) Schools and Conference - Parks and Recreation g) 3rd Quarter Building Permit Summary h) Approve Bills 8. PUBLIC HEARINGS a) CSAH 31 Project Assessment Hearing 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Consider Facility Transfer Agreement b) Adopt Ordinance - HRA Board Composition c) Adopt Ordinance - Extending Adult Entertainment Use Moratorium d) Council Minute Clarification (9/7/99) 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) 300 151 Street - Update b) Akin Road - Traffic Control Concerns 14. ADJOURN Action Taken City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmin2lon.mn.us Sa.- TO: Mayor, Councilmembers, City Administrat~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Proclaiming October 25-29, 1999, Minnesota Manufacturers Week DATE: October 18, 1999 INTRODUCTION Minnesota Public Officials are asked to recognize the importance of manufacturing in our economy and to pay tribute to the thousands of Minnesota Manufacturers by proclaiming October 25-29, 1999 as Minnesota Manufacturer's Week. DISCUSSION Manufacturing has the largest total payroll of any business sector in Minnesota and produces $27.1 billion for the state economy. Manufacturing exports brought nearly $9.53 billion into the Minnesota economy in 1997 and provides high skill, high wage jobs contributing to Minnesota's high standard of living along with providing nearly $216 million in corporate income taxes. BUDGET IMPACT None ACTION REQUIRED Adopt the attached proclamation. Respectfully submitted, ~~ Karen Finstuen Administrative Service Manager Whereas: Whereas: Whereas: Whereas: Whereas: Minnesota Manufacturers Week Manufacturing has the largest total payroll of any business sector in Minnesota. Providing $16 billion in 1996 wages, and Manufacturing produces $27.1 billion for the $tate economy and is the second largest single share (18.9%) of our gross product, and Manufacturing exportS brought nearly $9.53 billion into the Minnesota economy in 1997, and Manufacturing provides high skill, high wage jobs which significantly contribute to Minnesota's high standard of living and economic vitality; and Man ufacturing contributed nearly $216 million in corporate income taxes in Minnesota, more than any other business sector, and almost 28- percent of total corporate income taxes in 1998; ~\\\\TA ,~ ~ ~ ::::, ~ - DCTOBER 25-29 19 ~\\RLo 99 c-" + /.,/ ; J H ~ Now Therefore. I , Mayor of Minnesota, do hereby proclaim the week of October 25-29. (0 be Minnesota Manufacturers Week - ;..... Jt4,y v.,.<' ~ .,...4 c:::: := ..... ~ ~ ~ ""'">.) In WimessWhereof, I ha\'~ hereunto set my hand and caused the Great Seal of the City of Minnesota to be affixed at the City Office this Twenty-fifth day of October, One Thousand nine hundred and ninety-ninety- Mayor City Administrator ~. -- :\.\.\UU /('" ~'" '.... --;. ... c:: ... ~ ... ... ~.. ....'>; '" ~ co .- .,. /~ 1'1'3 SEVEN REASONS WHY MANUFACTURING IS IMPORTANT Manufacturing companies employ nearly one out of every five non-farm workers in Minnesota - nearly 429,000 people.1 .:. Manufacturing employment is expected to reach 439,000 by the year 2005.2 .:. -~: Manufacturing employees in Minnesota earned an average of $37,250 in 1996, 32 percent more than the average Minnesota private sector employee earned that year.3 .:. Manufacturing has the largest toral payroll of any business sector in Minnesota.4 .:. Manufacturing produces $27.1 billion worth of goods for Minnesora's economy, the largest share (19.2 %) of gross srare producr.5 .:. Manufacturing's exportS brought nearly $9.53 billion into the . Minnesota economy in 1997.6 .:. In corporate income taxes alone, manufacturing companies contributed nearly $216 million to the state's coffers, nearly one-third of the state's total corporate . income tax revenues in 1996.7 MN Dept. of Trade and Economic Development, 1998 2 MN Dept. of Economic Security. 1998 3 Calculated from data provided by the MN Dept. of Trade and Economic Development. 1997 4 MN Dept. of Trade and Economic Development, 1996 5 Ibid. 6 Ibid. -... 7 MN Dept. of Revenue. 1998 T. _- -==-- - ~ COUNCIL MINUTES REGULAR October 4,1999 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, Verch Strachan City Administrator Erar, City Attorney Jamnik, City Management Team 4. APPROVE AGENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclamation Recognizing VFW lOOth Anniversary Mayor Ristow signed a proclamation proclaiming September 29, 1999 VFW Day. 6. CITIZEN COMMENTS a) Traffic Concerns - Mr. Rich Pietsch b) Traffic Concerns - Mr. Tony Cassens c) Traffic Concerns - Mr. Erwin Hagen d) Traffic Concerns - Mr. Al Corrigan Staff sent a written response to the above residents. 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (9/20/99) (Regular) b) Adopted RESOLUTION R88-99 Accepting Safe and Sober Grant c) Adopted RESOLUTION R89-99 Disposal of Obsolete City Equipment d) Adopted RESOLUTION R90-99 Accepting Donation to the Senior Center e) Adopted RESOLUTION R9l-99 Approving Grant Application Metropolitan Regional Arts Council f) Approved Appointment Recommendation - Community Development Department g) Approved Bills APIF, MOTION CARRIED. Council Minutes (Regular) October 4, 1999 Page 2 8. PUBLIC HEARINGS a) 1999 Seal Coat Project Assessment Hearing The 1999 Seal Coat project has been completed. Streets in Dakota County Estates, Deer Meadows 1 st and 2nd and areas in downtown Farmington were seal coated. Staff calculated the proposed assessment amount for the 1999 Seal Coat project to be $55.55 per buildable lot. The total amount to be assessed to benefiting properties is $20,775.70. The City's portion of the project cost is $30,652.85 and will be funded through the Road and Bridge Fund. Staff received a letter from Ms. Diane Phillips, Shakopee, MN, objecting to the seal coat assessment. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R92-99 adopting the assessment roll for the 1999 Seal Coat project. APIF, MOTION CARRIED. b) Adopt Resolution - Levy Certification Rate Increase This Public Hearing was mandated by the change to the 1999 tax law in Minnesota. The legislature chose to insert another public hearing in the truth in taxation process. This hearing is to notify residents that the levy amount, not the tax rate, that the City has preliminarily chosen for the pay 2000 year is higher than the dollar levy amount' that was levied in 1999. This dollar levy is a 4.3% increase over the 1999 net levy. Since there is more taxable value in the City in 2000, due to the household and market value growth, this dollar levy results in a reduction of the Tax Capacity Rate from 33,07% to 32.00%. MOTION by Soderberg, second by Verch to close the public hearing, APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R93-99 authorizing the County Auditor to certify a property tax rate higher than that rate computed under Minnesota Statute 204 B .13 5. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) CSAH 31 Fence Project Request Staff has received inquiries from residents along CSAH 31 regarding the installation of a fence along CSAH 31. Staff recommended a neighborhood meeting be held with interested residents to determine if the residents wish to petition the Council to initiate a fence project. All of the project costs would be assessed directly back to the benefiting property owners and all property owners wishing to be part of the project would need to sign an assessment agreement. Issues such as the type of fence would be discussed at the neighborhood meeting. Existing fences would remain unless the owner wants a change. Mr. Rich Johnson, 5108 192nd Street, asked if it wouldn't benefit the City to have some parameters regarding the aesthetic control? He thought the City would want to be involved in this whether they are funding it or not, so there is a consistency in fences. The Mayor replied that was the intention from the previous public hearings, so there would be a consistent type of fence. Council Minutes (Regular) October 4, 1999 Page 3 MOTION by Cordes, second by Ristow authorizing staff to hold a neighborhood meeting with property owners along CSAH 31 north of 195th Street to discuss a possible fence project. APIF, MOTION CARRIED. b) Set Workshop Date - Parking Issues Staff requested that a Council workshop be scheduled to discuss various parking issues in the City. The operational difficulties associated with on-street parking, especially during snow emergencies, have negatively impacted various city operations. At the workshop, staff will present the issues to Council and outline the problems being experienced. October 20, 1999 was set for a workshop to discuss parking issues and the CIP. 11. UNFINISHED BUSINESS' a) Approve Findings of Fact - Bible Baptist Church Appeal Staff presented the Findings of Fact for the approval of Appeal filed by Bible Baptist Church of the August 10, 1999 decision of the Planning Commission regarding a variance from the setback and illumination requirements for church signs in the R-l zone. Residents in the vicinity of the church also submitted a written response to the previous Council decision, requesting that the Council reconsider its previous action to grant the appeal. Mr. Al Corrigan, 19715 Akin Road, asked Council if there were any questions regarding their letter. If the base of the sign was adjusted to 1 foot, residents would be happier. Other signs of this type in the community are not near residents. The residents will be looking at a sign eight feet high just so the church can change the letters. The height will be 2 feet 4 inches higher than the current sign. Mr. Corrigan would like the lighting turned off at 10 p.m. Mr. Troy Corrigan, 19691 Akin Road, felt the sign is way too large and will be more visible than what they have now. He would like the Council to reconsider their previous action. Mr, Bill Veeninga, Bible Baptist Church, when the Church presented their appeal, they were looking for consistent and reasonable consideration based on the ordinance in place today. The likelihood the sign will be lit all night is not great, but the church would like to have discretion as to lighting. The sign is not going to be broad faced across from the neighbors, they will see the side of the sign. Mayor Ristow asked staff if the sign will be 2 1/2 feet above the road? Staff checked elevations and the bottom of the sign would be roughly even with the centerline of the road, with the top of the sign approximately 5 feet higher than the centerline. Mr. Al Corrigan, stated he doesn't disagree with elevations from the center ofthe road, he worked from the edge of the road, and the sign will still be almost 4 feet higher than the old sign, because of the 3 foot base. He felt a sign company could develop a way to open the sign to change the lettering without the sign being on a 3 foot base. Council Minutes (Regular) October 4, 1999 Page 4 MOTION by Soderberg, second by Cordes approving the Findings of Fact in support of the granting of the appeal filed by Bible Baptist Church. Voting for: Ristow, Cordes, Soderberg. Voting against: Verch. MOTION CARRIED. b) Annexation by Ordinance - Benham Property The City Council held a public hearing on this annexation petition on September 7, 1999 and the public hearing was closed. Action on this request was continued for 30 days to allow for a review of the condition ofthe Individual Sewage Treatment Systems on the property as well as the extent of the storage of equipment and other items on the property. City staff inspected the two ISTS(s) on the property and found both systems would be considered failed systems and one may be classified as an imminent threat. If the City annexes the property, the property owner would be required to bring the system into compliance. Also discussed with Mr. and Mrs. Benham was the exterior storage of equipment and other items. They would not be able to remove equipment from the property until they sold it and purchased another property. Mr. and Mrs. Benham indicated that it would make sense for them to wait until they had a purchase agreement and make annexation of the property a contingency of the purchase agreement. Mr. Gil Anderson, Edina Realty, representing the Benham's, confirmed their request to withdraw the petition for annexation. Council acknowledged Mr. and Mrs. Benham's request to withdraw their petition for annexation at this time, c) Henderson Storm Sewer Project - Neighborhood Meeting Update Staff held a neighborhood meeting for the Henderson Storm Sewer Project on September 29, 1999. The residents were not in favor ofthe project. Questions raised by residents at the meeting were discussed. Currently City staffhas to pump the water from the area of Hickory Street between 7th and 8th Streets after a heavy rain. Councilmember Cordes stated it does not make sense to reconstruct the road without putting in a storm sewer. If the residents do not want the project, it should not be forced on them, She did request staff keep track of hours spent on maintenance in this area. She would also like staff to see if the Henderson project could be incorporated in the Ash Street project. MOTION by Cordes, second by Soderberg to not move forward with the project, and remove it from the CIP with the above conditions. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Nelsen Hills 2nd Addition - Infrastructure Issues During an investigation of a sewer backup in Nelsen Hills Farm 2nd Addition, it has been determined that a length of sewer pipe in Euclid Path needs to be removed and replaced. There is a severe sag between Manhole 5 and Manhole 6. In order to repair the sewer line, the entire length of sewer pipe between the subject manholes will need to be removed and replaced which will include removal and replacement of the street section in the repair area. The quotation staff received from Redstone for the sewer repair is in the amount of $64,448.20, Council Minutes (Regular) October 4, 1999 Page 5 which falls within 25% of the original contract amount. Staff recommended that the City contract with Redstone Construction for the sewer repair on Euclid Path and complete the repair this fall. The cost will be funded out of the Sanitary Sewer Fund. MOTION by Cordes, second by Soderberg to approve the change order to the Prairie Creek Storm Sewer Project in the amount of $64,448.20 to Redstone Construction Company for the repair of the sanitary sewer on Euclid Path. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Traffic Counts on CSAH 50 and Pilot Knob Road The County studied six intersections along CSAH 31: CSAH 50, 195th Street, 193rd Street, 190th Street, Elk River Trail and 180th Street. The County's findings indicate that the intersection with CSAH 50 meets warrants for a traffic signal. None of the other intersections meet warrants for a signal at this time. The estimated cost of the traffic signal at CSAH 50 and CSAH 31 is $170,000. The City would be responsible for 50% of the cost or approximately $85,000. Mr. Mark Yakich, 5124 192nd Street, would like a stop light on CSAH 31 and 195th Street because of Akin Elementary School. With the stop light at CSAH 50, more traffic will be using CSAH 31. Staff will request the County look at the study yearly. Mr. Rich Johnson, 5108 192nd Street, Akin Road is deadly at night and stop signs are needed at 193rd and 195th Streets. He asked if the issue could be addressed before the County returns the road? Could the cost be split between the County and City for stop signs? Staff replied a feasibility study is proposed in the CIP for 2000. Akin Road will be studied in 2000. b) 20Sth Street Traffic Concerns At the September 20, 1999 City Council meeting, several traffic concerns regarding 208th Street and the Middle School were forwarded to staff. It has been indicated by the school that vehicles are not stopping for pedestrians in the crosswalk. There will be additional police enforcement as schedules allow and staff will include an article in the newsletter reminding citizens of traffic law in regards to pedestrians in crosswalks. Staff will also review the existing signage for possible modifications. Traffic studies need to be completed in order to address the school speed zone and traffic signal issues. Staff will meet with representatives of the Middle School on October 7, 1999 in order to review the issues and outline a plan to move forward with the traffic studies. Mr. Rich Johnson, 5108 192nd Street, stated he would also like to see a stop light at 195th and Akin Road. Children in the area have bikes and feel captive because they cannot ride them because of all the traffic. Mrs. Kim Soderberg, 1312 Fairview Lane, stated since the county cannot do anything on Akin Road, if the School Board wishes the City to proceed with a stop light at 208th and Akin Road, who is responsible for the costs? The Mayor replied the school would reimburse the City, Staff replied some of these items Council Minutes (Regular) October 4, 1999 Page 6 could be negotiated as part of the turnback agreement. While the City can negotiate with the County on the turnback, the County can just turn the road back to the City. Police Chief Siebenaler stated a study for a stop light at 20Sth and Akin Road would permit easier access by the buses onto Akin Road. However, a stop light at that intersection will probably hinder more than help bus movement. Mr. Chaz Johnson, 5550 Euclid Way, stated whatever the sign cost is, it is minimal to someone's life. Mr. Marv Wier, 808 3rd Street, stated he drives a school bus on many of these roads. He hears people saying children are crossing or playing in the road. The road is for cars, not a playground. He sees bicycle jumps in the middle of the road, and does not feel that is very responsible. Akin Road can be driven safely with very little traffic, except for two hours in the morning and afternoon. c) Speed Humps Council requested that staff research the use of speed humps as an option to address speeding concerns in the City. Staff contacted Burnsville regarding their use of speed humps. Burnsville's experience and reasoning for installing speed humps was to discourage short cuts through neighborhoods to avoid County Road 42 traffic lights. City Administrator Erar: The Community Expo will be held Saturday at the High School. The computer auction will be held Wednesday - Saturday. Mayor Ristow: Cancer Awareness Week was proclaimed at the hospital for October 4 - 8, 1999. He received a letter from Sheriff Gudmundson complimenting the Police Department on a facilities problem. He received a letter from the Met Council stating flow rates have dropped. There will be an open house at the new Middle School Sunday. 14. ADJOURN Council adjourned into Executive Session at 9:20 p,m, Respectfully submitted, /J ~P". )'77~d'c./ ~~~Gcu (./ Cynthia Muller Executive Assistant SPECIAL CITY COUNCIL MEETING LEGISLATIVE DELEGA nON WORKSHOP City Council Chambers Wednesday, October 6, 1999 Meeting was called to order at 7:05 p.m. by Mayor Ristow. In attendance: Mayor Ristow, Council members Cordes, Soderberg, Strachan and Verch. State Representatives Holberg and Ozment: City Adminstrator Erar, City Attorney Jamnik, Community Development Director Olson, Chief Siebenaler. Absent: State Senator Pariseau (Senator Pariseau was represented by a Staff Aide) A tentative meeting agenda was presented and approved for discussion. City legislative positions were previously identified in materials and distributed to meeting participants prior to this special meeting. Mayor Ristow indicated that each legislative representative would have an opportunity to state his/her position on the legislative issues presented. 3a) TAX LEVY LIMITS City Position: The City strongly opposes levy limits and urges the legislature to not re-enact them for 2000 or beyond. Cities, in general, must have the ability to address and respond to local tax and spend issues at the local level. The City also opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, super majority requirements for levy, or other limitations to the local government budget and taxing process. Local elected officials are directly accountable to their constituents, and need flexibility to respond to changing community dynamics and needs without state imposed restrictions. Legislation Delegation Position: Representative Holberg: Opposes Levy Limits Representative Ozment: Opposes Levy Limits Senator Pariseau's staff representative: Opposes Levy Limits 3b) STATE AIDS City Position: Local Government Aid (LGA) is a necessary, state-raised resource to supplement local property taxes. Therefore, the City supports its continuation with an annual inflation index, along with additional state resources to further reduce the reliance on the property tax. In addition, any LGA formula changes considered by the legislature must have a positive impact on the metropolitan area. The Homestead and Agricultural Credit Aid (HACA) equals about 40 percent of the total local aid and should be continued as part of the local fiscal relationship, with an inflation or increased household growth factor restored for cities. The City strongly opposes the conversion of city HACA to school aid. It should also be pointed out that the Citizens Jury on MN Property Tax Reform concluded and strongly supported that state aids should continue to flow to cities, counties and school districts. 1 Legislative Delegation Position: Representative Holberg: Opposes reduction/elimination of state aids Representative Ozment: Opposes reduction/elimination of state aids Senator Pariseau's staff representative: Opposes reduction/elimination of state aids 3c) SALES TAX REPEAL City Position: The legislature should reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids. Cities, counties and townships will pay more than $80 million this year to the state on purchases for items like road maintenance equipment and wastewater facilities. With what? Taxes they collect from the state's property tax payers. This sales tax on local government purchases was imposed in 1992 when the state faced a severe budget shortfall. With the state clearly in the black, this tax is simply unnecessary, causes higher property taxes and user fees, and only adds more to the surplus. The City would liktf to thank legislators for their past support of repeal efforts, and appreciate their continuing support to enact a final repeal of this legislation. Legislative Delegation Position: Representative Holberg: Supports City position on repeal of sales tax. Representative Ozment: Supports City position on repeal of sales tax; indicated that he had authored legislation in support of sales tax repeal. Senator Pariseau's staff representative: Supports City position on repeal of sales tax. 3d) REVERSE REFERENDUM City Position: The City strongly opposes any attempt to institute a reverse referendum provision. Local government officials are elected to make decisions in the best interests of their constituencies. This includes decisions that sometimes result in tax increases that fund needed local government services. Allowing each taxing decision to be effectively "second guessed" would create a profound obstacle in the policy-making process, and jeopardize the ability of locally elected officials to make needed, but unpopular decisions, The ballot box already provides for the removal of elected officials. Legislative Delegation Position: Representative Holberg: Supports City position and strongly opposes reverse referendum Representative Ozment: Supports City position and indicated opposition to reverse referendum Senator Pariseau's staff representative: Indicated that Senator Pariseau had supported this legislation in the past, but is unsure of current position. 2 3e) LIMITED MARKET VALUE City Position: The City strongly opposes further extension of artificial limits in valuing property at market for property taxation purposes. Limiting market value increase on existing property to a non-market index or set rate will cause various property tax system problems. Similar properties will be taxed differently if new or sold and improvements will be discouraged. Tax shifts will occur mainly on lower valued homes and the ability to issue bonds may be adversely affected. Finally, it will be politically difficult as well as costly to persons owning long-term capped properties when it becomes necessary to sunset due to vast differences in tax liabilities for like properties. The City believes that enhanced targeting for special circumstances such as low-income persons better serves the tax system, The free market, not a legislatively mandated one, should be the primary determinant in the assignment of housing values for property taxation purposes. Legislative Delegation Position: Representative Holberg: Supports City Position and opposes Limited Market Value Representative Ozment: Supports City Position and opposes Limited Market Value. Senator Pariseau's staff representative: Supports Limited Market Value legislation 3f) TAX RATE INCREASE AUTHORIZATION LAW City Position: A recent change by the 1999 legislature compels cities to adopt a resolution citing increases in their total tax levy. This requirement is in addition to Truth-in-Taxation hearings, publication and disclosure statements, as well as a myriad of other taxpayer notification provisions already in the law. Furthermore, this legislative mandate ignores differing circumstances in a community's growth rate where population increases require cities to spend more to provide the same level of service. In Farmington's case, while the total levy will increase by approximately $90,000 in the year 2000, the City's tax capacity rate (TCR) will actually decrease. The City suggests that the TCR is a much better indicator of the relative tax burden that City spending confers on taxable property. The City would urge repeal of this new legislative requirement. Legislative Delegation Position: Representative Holberg: Supports City Position; believes this legislation is confusing and unnecessary given other statutory requirements. Request additional information on the City's Budget and indicated cities need to do a better job publicizing their financial accomplishments, Representative Ozment: Supports the legislation requiring additional disclosure, but will look into clarifying language Senator Pariseau's staff representative: Supports the legislation requiring additional disclosure, 4a) STATE MANDATES City Position: The City opposes any legislative mandates that do not include supporting state funding. While the City acknowledges the need for the legislature to take a leadership role on 3 state and regional issues affecting the health and welfare of communities in general, the costs of implementing these legislative directives should not fall solely on local government. Statewide mandates should not be enacted unless full funding is provided or a permanent stable revenue source is established. Cities should be given flexibility in implementing mandates to ensure their cost is minimized. Legislative Delegation Position: Representative Holberg: Supports ~ity Position and opposes any state mandates without corresponding funding. Representative Ozment: Supports City Position and opposes any state mandates without corresponding funding. Senator Pariseau's staff representative: Supports City Position and opposes any state mandates without corresponding funding. 4b) LEGISLATION AFFECTING CITY INTERESTS City Position: The City is requesting that any legislation authored or sponsored by a member of the City's Legislative Delegation that may affect local government interests, adversely or otherwise, be communicated to the City Council. This will allow the City time to review and comment on the proposed legislation. The City would encourage its state representatives to contact local officials for information and feedback on particular issues brought to their attention by our common constituencies, Legislative Delegation Position: Representative Holberg: Supports communicating with cities and encouraged the City to contact her on issues. Representative Ozment: Supports communicating with cities and encouraged the City to contact him on issues. Did indicate that numerous issues come up that would prevent him from contacting the City on all issues as a practical matter. Senator Pariseau's staff representative: Supports communicating with cities and encouraged the City to contact her on issues. 4c) Cable Franchise Fees City Position: The City opposes any legislative efforts to change current law that would effectively redirect local franchise fees to the state and significantly weaken local regulatory control over cable franchise activities. Cities utilize franchise fees to conduct a host of local regulatory actions relative to rights-of-way, subscriber complaints, and local cable commission activities as well as underwrite a variety of activities associated with public information access, Legislative Delegation Position: Representative Holberg: Supports City Position and opposes any changes that would take local cable funding away from cities. 4 Representative Ozment: Supports City Position and opposes any changes that would take local cable funding away from cities. Senator Pariseau's staff representative: Staff representative indicated he was unsure as to the Senator's position on this particular issue. 4d) SPECIAL CITY LEGISLA nON City Position: See attached communication from the City Attorney. City attorney Jamnik briefed the legislative representatives on issues associated with the Hill Dee title concern. Legislative Delegation Position Representative Holberg: Indicated she would work with the City to facilitate special legislation on this matter, and set up a meeting between the City and appropriate state officials. Representative Ozment: Indicated he would assist the City in anyway possible. Senator Pariseau's staff representative: Indicated that the Senator would assist in any way possible 4e) OVERALL COMMUNICA nON ISSUES City Position: While many respected polls suggest that local government is still the most trusted level of government, significant communication issues continue to emerge between State and Local government. The need to maiptain a mutually respectful, and productive relationship is especially important in terms of how the average citizen perceives their government in general. Consequently, as state and local government serves similar constituencies, the need to build bridges in terms of a common base of understanding is of critical importance. Legislated solutions to local concerns should be the last step in the process.. . communication and seeking a better understanding of the circumstances and challenges facing both levels of government should be our first (see attachment). Discussed the possibility of meeting on annual basis and the need to communicate on a regular basis. Legislative Delegation Position: Representative Holberg: Supports communicating with cities and the need to work together. Representative Ozment: Supports communicating with cities and the need to work together. Senator Pariseau's staff representative: Supports communicating with cities and the need to work together. 5a) SMART GROWTH PRINCIPLES City Position: The City supports Metropolitan Council "Smart Growth Principles" as adopted (attachment). The City would contend that non-municipal growth occurring in unincorporated fringe areas outside the regional blueprint is contrary to smart growth principles, and contributes to urban sprawl. Smart growth principles recognize the need to properly plan urbanized 5 development to ensure optimum use of limited environmental resources, and provide for cost- effective solutions to infrastructure support needs, Legislative Delegation Position: Considerable discussion on the definition of what smart growth is and means. It was discussed that growth is a complicated issue and needs to be addressed cooperatively. Communities need to be involved. Urban growth issues will continue to provide challenges at all levels of government in terms of preserving the natural environment and recognizing that communities need to plan their growth wisely. Development Director Olson presented some opening remarks on this issue. Representative Holberg: In concept, supported smart growth principles, but needs additional information on the implications of how smart growth would affect individual communities. Representative Ozment: In concept, supported smart growth, but needs additional information on the implications affecting individual' communities. Supports agricultural preserve. The loss of township property concerned him and the fact that cities should not be able to unilaterally take land away. Senator Pariseau's staff representative: Not an advocate of the Metropolitan Council. Believes there is a need to preserve agricultural qualities of township, 5b) ANNEXATION LEGISLATION City Position: The City strongly opposes any legislation that would alter current annexation by ordinance laws. The City supports legislative findings contained in M.S. 414.01 that cites municipal government as the most efficient and appropriate form of government for intensive residential, commercial, industrial development. Cities must have the ability to annex adjoining property to ensure compatible urban design standards; the continuity of appropriate land use and zoning controls; the preservation of clear urban-rural boundaries; and avoid the premature development of agricultural lands. Restrictive annexation policies prevent the formulation of efficient, strategic long-term regional land-use planning that lead to environmental degradation, inadequate transportation planning, urban sprawl, duplication of local government services, and premature conversion of farm land. Legislative Delegation Position: Representative Ozment: This issue generated considerable discussion, with Representative Ozment expressing significant support for township government rights. Believed cities should not be allowed to annex property by ordinance without Township jurisdiction approval regardless of property owner desires. Indicated he would continue to bring legislation forward that would "balance" township rights on annexation. Mayor Ristow and Councilmember Soderberg indicated the city's needs to take actions to properly serve urban development, that urbanized development does not belong in the township and that individual property rights should take precedence over perceived political power and land control issues. City administrator Erar expressed his concerns and frustration over the lack of long-term township planning, public 6 service issues associated with outside jurisdiction use, and the difficulties of intergovernmental cooperation on various issues affecting the City, Senator Pariseau's staff representative: Indicated that Senator Pariseau supports Representative Ozment's position. Representative Holberg: Indicated strong support of City position on annexation for urban-type development. Commented on the perceived inequities associated with 100 percent County funding of township road costs. 6a) STOP LIGHT CAMERAS City Position: Statistics show that intersections controlled by stop lights experience a higher rate of crashes than uncontrolled intersections. Crashes at controlled intersection are the result of stop light violations. The best way to control violations is by a managed enforcement and education campaign. The educational aspect is best utilized on repeat or local drivers. The educational value in stoplight enforcement is diminished due to the transient nature of traffic using the State and County highway systems, Continuous enforcement is not a practical option due to limitations of police resources. The availability of stop light cameras statewide would make drivers think twice before willfully violating a stop light. Chief Siebenaler presented additional information on this issue, Indicated that the legislative initiative was to provide enabling legislation to cities to locally adopt ordinances on this issue at their option. Council comments: Councilmember Soderberg and Strachan indicated several concerns with this issue, and a general lack of support on various grounds. Video monitoring of motorists engendered varying degrees of concern with government intrusion and privacy rights, citing discomfort with government monitoring. Councilmember Verch indicated support of Stop Light cameras in terms of final outcomes to reduce accidents and personal injury. This issue will be discussed further at the Council level. Legislative Delegation Position: Representative Holberg: Needs more information. Representative Ozment: Needs additional information. Senator Pariseau's staff representative: Needs additional information. 6b) RESIDENTIAL SPEED LIMITS City Position: Cities have received numerous complaints about cars traveling too fast even though they are not exceeding 30 MPH residential speed limits. Studies show typical residential speed to fall between 22-24 MPH which appears to be an acceptable rate to most residents. In an effort to curb urban sprawl by higher use of urban property cities are developing smaller residential lots with narrower streets. This creates an even larger concern over "speeders" in residential areas. Statutory authority to allow a 25 MPH residential speed limit would greatly 7 assist local authorities in promoting safer driving speeds. The 25 MPH residential speed limit is also in compliance with Department of Transportation guidelines setting speed limits at the speed at which most drivers are comfortable (22-24MPH). Enforcement in each of these areas is' diminished by the State of Minnesota Quota Law prohibiting Chief Law Enforcement Officers from directing officers to write tickets. I do not dispute that Law but law enforcement needs an alternative to ordering the issuance of tickets. Legislative Delegation Position Representative Holberg: Needs more information, Representative Ozment: Needs additional information. Senator Pariseau's staff representative: Needs additional information. At the conclusion of the meeting, Mayor and Council thanked representatives for attending the Council workshop and appreciated their views on these issues: Council looked forwaru to working with the legislators in the next year and expressed a desire to meet on annual basis to maintain open communications, Legislative representatives responded in a similar fashion and thanked Council for the opportunity to express their views. Meeting was adjourned at 9:20 p.m. Respectfully submitted, ;~~~'C~2/<-J , ~~J John F. Erar City Administrator 8 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmin2lon.mn.us /i TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: 2000-2004 Capital Improvement Plan - Distribution DATE: October 18, 1999 INTRODUCTION Annually, the City Council is presented with a draft Capital Improvement Plan (CIP) identifying proposed projects to be completed over the next five fiscal years. Projects proposed in 2000- 2004 are subject to additional Council review and multi-step process requirements pursuant to the CIP Project Development and Process Authorization Schedule. DISCUSSION Council will receive the Draft 2000-2004 CIP at the October 18, 1999 meeting. The proposed Capital Improvement Plan totals $40,739,855 over this five-year period. Projects are proposed to be funded from a variety of sources including City levies, Special Revenue Funds, Enterprise Funds, State Aid grants, and special assessments. This document should be viewed as a strategic planning tool, not as a budget. Expenditures are estimated using the best information available at the time of its presentation, and are subject to change upon further project review and cost analysis. In light of the need for Council to further review and scrutinize the various projects contained within the draft CIP, a Council workshop is recommended to address Council members concerns and issues. ACTION REOUESTED At the October 4, 1999 Council meeting, a Council Workshop was scheduled to review the 2000-2004 CIP for Wednesday, October 20, 1998 at 7:00 p.m. in the Council Chambers, A review of the City parking issues is also scheduled for that same evening. ReSpe~mitted, f;.~= City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmington.mn.us ?c TO: Mayor, Councilmembers and City Administrato~ Ken Kuchera, Fire Chief FROM: SUBJECT: Capital Outlay Purchase - Fire Department DATE: October 18, 1999 INTRODUCTION The Fire Department is planning to p\lfchase one New Eagle front load breathing compressed air fill unit and a 1 3/4" fire hose in 100' sections. DISCUSSION Currently compressed air bottles are filled by laying them on a work bench in the compressor room. There are two different pressures used to fill the bottles, 2219 and 4500 pounds of pressure. The two different options have the potential to cause very dangerous problems. The new fill station will eliminate these potential problems and allow filling of the high pressure bottles in a safe manner and at a minimum of two at a time. The fire hose will be used to fill the existing apparatus compliment and also serve as reserve when replacement is needed. BUDGET IMPACT Approved in the 1999 Capital Outlay Budget. ACTION REQUESTED For information only. Respectfully submitted, ~re- ~~.~ Ken Kuchera Fire Chief City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmin2lon.mn.us 7d TO: Mayor, Councilmembers, City Administrator~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Set Continued Public Hearing - TH 3 Frontage Road Project DATE: October 18, 1999 INTRODUCTION At the June 7, 1999 City Council meeting, a public hearing was held for the TH 3 Frontage Road project. At that time, the hearing was continued until further information was obtained regarding the right-of-way acquisition for the project. DISCUSSION Staff has been in the process of negotiating with the property owners affected by the right-of- way needs for the project and at this time, condemnation proceedings have been initiated, pursuant to previous Council direction authorizing staff to acquire the necessary right-of- way. The appraisal information regarding assessments for the improvements to the benefiting properties is under way and will be available for review at the November 15, 1999 City Council meeting. It is recommended that the public hearing on the project be continued at the November 15, 1999 City Council meeting. BUDGET IMPACT The estimated project cost for the proposed frontage road improvements is $132,500. MnDOT has included this project in their Municipal Agreement Program and has indicated that the State would fund $75,000 of the construction costs and $6,000 of the construction engineering and inspection costs, The remaining costs will be funded by the adjacent property owners that are currently in the City. The development contract for Glenview Townhomes and Commercial stipulates that the approval ofthe plat is conditioned on the following (Section 2c): (that) the Developer pays $1000 per building permit issued for each of the first forty-five townhome units, said amount to be held by an escrow agent mutually agreed to by the parties for the purpose of paying a portion of the Developer's obligation for necessary improvements to the east frontage road along Trunk Highway 3, Interest on the escrow account will be payable to the Developer. No additional building permits will be issued for any other units beyond the initial forty-five until the Developer provides full payment or a surety acceptable to the City for the full amount of the costs of the frontage road improvements based on the estimated final project costs. The City will continue to pursue a cooperative agreement with MnDOT in anticipation that MnDOT will participate in some portion of the costs to improve the frontage road. The City agrees to make reasonable efforts to assess or otherwise collect from other benefiting properties. In the event that the City is unable to impose or collect from other properties, then Developer shall pay the full cost of the improvements. In addition to any other remedies for default by the Developer, the City may assess the full costs of the frontage road improvements to any or all of the lots created by the Plat. The improvement of the frontage road is hereby agreed by the parties to confer special benefit to the Plat, and the Developer and any successors or assigns, waive any procedural or substantive objection to assessments for the construction of frontage road, including any claim that the assessment exceeds the benefit to the property; Wausau Lumber is the other property in the City adjacent to the improvements, and per the development contract with Glenview Townhomes and Commercial, the City is making reasonable efforts to assess Wausau for their proportionate share of the project costs pursuant to M.S. 429, ACTION REQUESTED Set the continued hearing date for the TH 3 Frontage Road project for November 15, 1999, by motion, Respectfully submitted, \~m~ Lee M, Mann, P.E. Director of Public Works/City Engineer cc: file Wausau Supply Company Tim Giles Neil Perkins City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmington.mn.us /e TO: Mayor, Councilmembers, City Administrato~ Karen Finstuen, Administrative Services Manager FROM: SUBJECT: Holiday Decorations - Update DATE: October 18, 1999 INTRODUCTION At the City Council meeting of May 17, 1999, it was communicated that Holiday Decorations used in the past were unsafe and replacement of the decorations be referred to the Chamber of Commerce. DISCUSSION In light of the fact that the Downtown Streetscape Project was temporarily delayed, the purchase of new holiday decorations was also delayed. The Chamber of Commerce is requesting that the City install on the large light poles, the existing decorations and those that are determined to be unsafe will not be electrically connected. The Chamber will continue to coordinate the purchasing and installation of mini-lights in the downtown boulevard trees. BUDGET IMPACT None. ACTION REQUESTED This is for information only. Respectfully submitted, ~~~ Karen Finstuen Administrative Services Manager FARMINGTON AREA CHAMBER OF COMMERCE 317 4th St. Farmington, Minnesota 55024 (651) 460-6444 TO: FROM: RE: DATE: FARMINGTON CITY COUNCIL FARMINGTON AREA CHAMBER OF COMMERCE HOLIDAY LIGHTING/DECORATIONS OCTOBER 8, 1999 The Farmington Area Chamber of Commerce would like to cooperatively work with the City of Farmington to decorate our business community for the Holidays. Because the downtown streetscaping project has been temporarily put on hold, plans for ordering new lights and decorations will be postponed until new lightpoles are in place. However, the lights and decorations we have displayed for many years are no longer safe to use, Decorations on large poles could be hung, but not plugged in. The strings of lights for the trees need to be replaced. The Chamber has requested funds from local service organizations to help purchase new strings of lights. At this date only the Farmington Lions have donated funds to this project. We will continue to seek funds to complete this project. We are currently asking the committee that coordinated the downtown beautification project several years ago to meet and help us move forward with this project. Once the streetscaping project is completed, there will be a plan in place to provide lighting and decorations for Farmington's commercial area. We hope everyone will want to "Come Home for the Holidays". Visit Farmington 1str FOR A BETTER COMMUNITY SUPPORT YOUR CHAMBER OF COMMERCE City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmington.mn.us 7F TO: Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director FROM: SUBJECT: School! Conference Request - Parks and Recreation Department DATE: October 18, 1999 INTRODUCTION Attendance at the Minnesota Recreation,and Parks Conference held November 3 - 5, 1999 in Mankato is being planned. DISCUSSION This conference is an annual training session for Parks and Recreation Directors and staff, Sessions are scheduled for management, recreation programming and natural resource activities, BUDGET IMPACT The 1999 budget includes funding for this conference, ACTION REQUESTED For information only. Respectfully submitted, ~L ~A James Bell Parks and Recreation Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?:J TO: Mayor, Council Members, City Administrato~ Michael Schultz (). 0 Associate Planner Y FROM: SUBJECT: Third Quarter 1999 Building Permit Report DATE: October 18, 1999 INTRODUCTION The following report summarizes the new construction permits issued during the third quarter of 1999, DISCUSSION During the third quarter of the 1999 building construction season, July 1 st through September 30th, the City issued 60 new single-family detached housing permits and 14 new multi-family (townhomes, twin homes, etc) building permits. The 60 single-family permits issued during the third quarter of 1999 is 12 below the 72 single- family permits issued over the same period last year, the overall total of 74 new housing permits (single-family and multi-family units) issued is two more over the same period a year ago. Construction valuation of the homes totaled $8,763,900, Through the third quarter of this year the City has issued 204 new housing permits, One new industrial building permit was issued for the Dalsin Manufacturing facility, no new commercial permits were issued during the quarter. ACTION REQUIRED No action is required, for City Council information only, Re~;~llY }ubmi~ I /' ~~~~. 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DISCUSSION Project Costs In conversations with Dakota County Highway Department staff, the City has been provided with final project cost estimates through August 9, 1999. According to County staff, remaining costs represent less than 1 % of total expected project expenditures and are included in the costs reflected CSAH 31 Project Costs per Dakota County 03/28/1998 08/09/1999 VARIANCE Construction 2,229,000 2,349,045 120,045 County Eng/Adm/Legal 468,090 470,000 1,910 R.O.W. Acquisition 500,000 733,420 233,420 Utility Relocation 310,000 419,930 109,930 *Project Contingencies (City) 111 ,450 (111,450) Eng/Admin/Legal (City) 111 ,450 79,605 (31,845) TOTALS $ , 3,729,990 $ 4,052,000 $ 322,010 *City Contingency credited against County Project Costs in the table above. The table reflects the changes in the County's project budget for Farmington's portion of the road improvements since March 28, 1999. Project costs provided by the County to the City on March 28, 1998 were the best estimates available at the time. According to County Engineer Don Theisen, a majority of the cost overruns resulted from right-of-way payments to private property owners and utility relocation costs Mayor and Council Members CSAH 31 Project - Special Assessment Hearing October 18, 1999 Page 2 of 5 associated with natural gas line relocation. Relative to these unbudgeted project costs, staff has identified appropriate funding sources to underwrite these project costs. Sources of additional project funds include MSA funding, sanitary sewer, storm sewer and water funds, interest earned on bond proceeds from the date of issuance, and the application of project contingency funds budgeted by the City against final County project costs. In the final analysis, the City will have adequate financial resources to address all project costs. Project Assessments In terms of how these project increases will affect property assessments, staff has determined at this time, that final property assessments for residential lots north of 195th Street will increase from $385.33 to $392.56, a net increase of $7.23. This increase is a reflection of higher costs associated with utility relocation costs experienced by the County in the northern section of the project area. All assessments are a one-time charge against benefiting properties. Property owners may chose to pay these costs without interest 30 days from Council adoption, or may chose to have the assessments levied over a 15 year period. F or property south of 195th Street, final assessments per acre will increase from $2,314 to $2,801, a net increase of $487.51 per acre. This increase is a reflection of significantly higher costs for right- of-way acquisition and new utility w~rk. Costs for right-of-way came in significantly higher than was originally estimated by the County due to property owners assuming more land value from MUSA designation. For properties under development, such as Charleswood, these additional costs will be assessed against the plat and paid by the developer, Development contracts require developers to waive their rights to appeal special assessments as a term and condition of private development. Deferred Special Assessments One significant issue Council will need to consider will be special assessment deferrals on undeveloped property. Undeveloped property is typically in one of four different categories. The first two categories include designation as "green acres" which is a state metropolitan tax deferment program, or as "agricultural preserve", which is an agricultural land preservation. program. The remaining two categories, include property that is in MUSA and will soon be developed, or property that is not in MUSA, and remains undevelopable for some time. The later two land categories may include property that is either in agricultural use, is dormant or is involved in some other type of non-agricultural use and renders it ineligible for a state program designation. Similarly, if a property with acreage is used as a primary residence, assessments would be levied as one (1) household equivalent. If, however, the property is replatted into additional lots or is developed into a subdivision at a later date, then additional assessments would be calculated as deemed appropriate. Mayor and Council Members CSAH 31 Project - Special Assessment Hearing October 18, 1999 Page 3 of5 Properties in "agricultural preserve" are statutorily excluded from assessments during the agricultural preserve deferment period, typically eight years. I This also means that these properties are generally excluded from any accrued interest on the assessment during the deferment period. Once the property comes out of agricultural preserve, the assessments are deferred until actual development occurs. The accrual of interest would then commence either once the property comes out of agricultural preserve or upon development. The development contract would generally address the issue of assessments, as is currently the practice for new plats. Under M.S. 273.111, undeveloped property in "Green Acres", is provided with a deferment until the land is actually developed.2 Upon development of the property, the deferral period ends, and the special assessment becomes due and payable. It is my understanding that Council has also indicated general support for deferring special assessments on all undeveloped property, whether in green acres or simply undeveloped in the project area, until such time as the property is developed. Given this Council position, the general question becomes whether interest on the special assessments that accrues during the deferral period will be waived? This issue needs to be determined by Council at this evening's meeting. It should be clarified that any accrued interest would not become due and payable until the property actually develops. A decision to waive the accrual of interest on special assessments during the deferral period would result in a significant loss of project revenue interest income to the City that could be used for debt service repayment and the recovery of City contributed funding to the project. Staff planning analysis of undeveloped property in the project area indicates that there were approximately 880 assessable acres in the project area. Should property remain undeveloped for a period of 10 years-- assuming no development during that time period, estimated accrued interest calculated at 6.5% on 880 acres of undeveloped property in the project area would be approximately $1.6 million3. At five years, accrued interest would be approximately $800,000. Cities typically deal with the issue of whether accrued interest will be waived during the deferment period due to growth management issues expressed by property owners. For example, allowing interest to accrue during the deferment period may place additional pressures on property owners to sell their land over concerns of long-term affordability. Cities, however, have taken different approaches depending on local circumstances, but have generally not waived accrued interest using the following reasoning and assumptions: . Undeveloped property in the MUSA is considered ready for immediate development.4 1 An attachment from Dakota County explains the Agricultural Preserve Program, 2 An attachment from Dakota County explains the Green Acres Program. 3 It should be noted that a portion of the original 880 acres used in this calculation has either been developed or was in phased development (i.e. Industrial Park Phases I and II, and Charleswood Phase I) at the time the project was initially authorized in July 1997, 4 The City has received development proposals for all MUSA property identified in the project area south of 195th Street. Developers include Genstar, D.R. HortonlArcon and Rottlund Homes. Mayor and Council Members CSAH 31 Project - Special Assessment Hearing October 18, 1999 Page 4 of5 . Accrued interest costs are, upon development, passed along to private developers by the property owners at the time of sale. . The value of undeveloped property due to the public improvements installed will significantly increase the marketability and value of the land regardless of whether that property currently has direct access to the new roadway. . that the City is paying interest on debt issued for the public improvements during that same period of time, and should have a means of recovering this interest expense. . that the waiving of interest for one group of property owners could be perceived as discriminatory treatment to other property owners who are paying interest on their special assessments. . that any decision to waive accrued interest on property in green acres or on undeveloped property within the project area must be consistently applied to all similar-type properties, it can not be on a "pick and choose" basis.5 BUDGET IMP ACT In the final analysis, while new final cost estimates from the County exceeded original projections, the City has the financial resources to adequately and appropriately underwrite these additional project costs. Special assessments for property owners north of 195th will be minimally affected and do not exceed the appraisal of benefit that these properties have realized from the CSAH 31 public improvement. Special assessments for property owners south of 19Sth have increased due to expenditures associated primarily with right-of-way payments to private property owners. Despite these increased costs, according to the City's appraiser, project benefit to properties south of 195th street do not exceed the appraisal of benefit conferred by this public improvement to undeveloped properties within 1/2 mile east and west of the project area, From a practical standpoint, development south of 195th Street could not take place without supporting public transportation infrastructure and need not, at this time, have direct access to CSAH 31. ACTION REQUESTED As indicated in the attached project handout that will be distributed at the October 18, 1999 special assessment hearing, Council should consider the following actions: . Open the Special Assessment Hearing . Acknowledge and Receive Final City Project Cost Information (Project Information is attached) . Receive citizen comments on the project . Receive Objections to Final Assessments and Schedule a Meeting to Consider Appeals. (A suggested date would be the Regular November 1, 1999 Council Meeting.) . Close the Special Assessment Hearing 5 Relative to the accrual of interest, staff does not recommend any modification or further exemption other than that required by state statute. Mayor and Council Members CSAH 31 Project - Special Assessment Hearing October 18, 1999 Page 5 of5 . Determine whether accrued interest on deferred special assessments should be waived during the deferment period . Adopt the attached resolution "Adopting Final Special Assessment Roll" Respec~bmilted, jeF.Erm Attachments File RESOLUTION NO. R -99 ADOPTING ASSESSMENT ROLL FOR PROJECT 95-12 Pursuant to due call and notice thereof, a special meeting of the City Council and the City of Farmington, Minnesota, was held at the Farmington Senior High School Auditorium of said City on the 18th day of October, 1999 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to proper notice duly given by the Council, the Council has met and heard and passed upon all objections to the proposed assessments for the following improvement: Proiect No. 95-12 Description CSAH 31 Realignment and Improvements Location The reconstruction and widening of CSAH 31 from the northerly border of Farmington to 190th Street, and the construction of a new realigned segment of CSAH 31 from 190th Street to CSAH 50, including all new appurtenances, utilities, utility construction, relocation and signal installation in the City as described in and in accordance with the plans and specifications as prepared by Dakota County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FARMINGTON, MINNESOTA: 1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is hereby adopted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2000 and shall bear interest at the rate of6.5% per annum from the date of the adoption of this assessment resolution until December 31, 1999. To each subsequent installment when due shall be added interest for one year on all unpaid installments, 3, The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and s/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4, The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, Such assessments shall be collected and paid in the same manner as the other municipal taxes. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of October, 1999. Mayor Attested to the day of 1999. City Administrator SEAL PROJECT SPECIAL ASSESSMENT SUMMARY Final Special Assessment Calculations 03/28/1998 08/09/1999 City of Farmington Project Cost per Dakota County 3,729,990 $ 4,052,000 *Construction 2,229,000 2,349,045 Eng/Admin/Legal @ 20% of Const. 468,090 470,000 R.OW. Acquisition 500,000 733,420 Utility Relocation 310,000 419,930 Project Contingencies @ (City) 111,450 - Eng/Admin/Legal @ 5% (City) 111,450 79,605 Percent of Construction Costs North of 195th 46% Project Cost North of 195th $ 1,931,195 $ 1,996,012 Anticipated Assessment Income $ 1,188,736 $ 1,226,753 Household Equivalents (HHE) - Developed 3,085 3,125 Est. Special Assessment (Lifetime) - HHE $ 385.33 $ 392.56 Annual Assessment Cost (Principal only) $ 25.69 $ 26.17 Annual Assessment Cost (Principal & Interest) $ 54.59 $ 55.61 Monthly Assessment Cost (Principal only) $ 2.14 $ 2.18 Monthly Assessment Cost (Principal & Interest) $ 4.55 $ 4.63 Percent of Construction Costs South of 195th 54% Project Costs South of 195th $ 1,798,795 $ 2,055,989 Anticipated Assessment Income @ 100% $ 1,798,795 $ 2,055,989 Assessable Acreage 777.5 734 Assessment per Acre $ 2,314 $ 2,801 Budget Variance $ 64,816.83 $ 38,016.68 40 $ 7.23 $ 0.48 $ 1.02 $ 0.04 $ 0.09 $ 257,193.96 $ 257,193.96 (43.50) $ 487.51 Financial Footnote: Project Area South of 195th Street Conservative Development Projections Estimated Number of HHE - Projected Assessment Per HHE - Based on Projected Build-out Average Density Levels $ 2,177 826.27 $ 2.80 2,055 1,000.38 $ 2.8 10/13/1999 122 174.11 CSAH31_797 ~ c c c c '0- It) <:) <:) <:) <:) <:) ~ <: LO c:) c:) c:) c:) c:) S; "=t ..- ~ (\') It) ..- a:: <:) 0) "=t 0) "=t C <:)~ ..-~ (\') ~ O)~ ..-~ ~~ ~ ~ (\') <:) ..- ~ ..- ~ ..- ..- (\') - ~ ~ r:: ::s 0 0 en LO 0 0 0 LO 0 en CO en 'V 0 N ('t) 0 0 ~ ..... 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WHAT IS m. . . . . . . . .~ prQ9nm. to. .enco~.ge eh. pr..ervat10n af .agdc::uitu&-..l..lU4 in. .the' -:l::n>po;l.itaB. co.\izat1... . 111. god is to..tax _tropolitlUl ~!Jl'i"CII,lLl:uK-a1 ..piopert~.a ~ ~e .... level, IUI. c\:it.aeate . agproperti... .anlt ehereby h.lp.pra.."e .fanl lonG 1Ul4.~. .p.ac....1I1;th. _tZ'opo.Ut~ area. R.EQUIREMENTS? :'. Land IlI\lBt ~. "c.rt1f1.elt. 10Dl'l: teft! agricllltural1lUldft. ))y th.lcca:L go.vell:'Ml8nt. in i:tuur. c;!CIlIlpreb.l'ld vepllUl. . . . . .. Property cwn.O;!; rsl . sign a ~rlllserict1v.covezaant. .agreement.., agreeing to leave .tbe .lanc:t in ag us. fer a minlMU~ of .~ght Year.' a loOc.i ge"'mJa$Dt .1IIWIt;. have zooo4.. t)le. lanel: eQr lens .~.rin. agd.cull:u~e! 'per.u.tt,ing :.no more than oner..16ence pe~ quart.r/quarter (~. hOUae per 4~ acresl, . . .. 80m. .met. type .. . . .' .' . . . . .. . . . . . . parQels 1.... thari ..40. .acres ,NY be a9 preserve 1l;. ~e.rtain ap.cil:.l.c z-8quireID8Dt.sare. (;I...e. ~O acre. it: surJ:"a..nded en 2 siCS.. Ily eligible laneS. and. :~et..s c.~.ta:l.n so.il requ11'ementsl ..Pareel mu.t be 40acr.. ermore 1n .i.ze. . Ownex- must Ule l:h.b .awlicaciOl'l. rithtbe local tOWftlilbj.p 0.1' c1ty. ~:....l"ch.1.. to. be .....esl!Ied .jlS a9 preserv:e'.fOI' the ~ollaw1ng .year.' ta.:!!,. .WHAT POES THS..PROGllAM.DO? ;. . . . Ass.aser carril!ls.Wx tM agr1CUlt\lrsl vall&l& .on the limd..and CNtbu~1~iIl9B.. .. eletend.ned.. by s~ll!1s .of ag land in non-~tre ~ttes ~o.6ui aoutb. a.The value af the bouaelgax-age/eDe acre i. not affected:bY agpre8e~e~ . The construeeionof }Nbl.ic sewer mel watersyst~ma ill pl'ohib1ted 'on~.pre.eI've pCl~e818. . Sewer. anel water .systems~ . storm. water systama, public. roadS an4.ether.public improvements .built on, adjacent.to, .0.1' in the vi~inity of. a9 preserve parcels.ai6 46.~ of. no benefit to...the land" ..an.4 bl;afLding. .~n...g:presel:ve... .; . Ag pz::.serv~salBo.piio'l!'ld~s.aft add1l:iolld."t:u X'educdon ax- credit, _ effectivefdr l:a~.. .pay~le. in 1"3, eaeh parcel in ag preaerv:e. is .~arant.e4. a . minimum C!red1~ of 81.50 per acre, . _ (a.1 the Co., AUdfeer ca1.cula:tea: the tax \l.l.ng. tbe l'eglIllii. local. .~.:K. rate ~ ~ an4 u. _ Ibl the. Co. AUlSitor calculates tbe t:~ uaine the a9 pr...EVe.tax .rate. .which is 105' af l:he previous year.' statew:l.de average tax rate for all ~wDships. ..Ie) the tax i. the l....e~ ef lal.ar (bl ,above, ex"ept 1n ~ .:Ln.~.an~e li\hall .th. credit be.. lesEl. than '1.50 pel' aere.. . ,.. . a My.ent:l.~y bavi~g. .m:UlQt:dama.in power. ('.~at:. 118811<:1.... lacal. :~e\Ulr.Y..'lJOvJt;.. .atc..1 IIII.ls~ fOl.lewspeciflc. %'\Ues "tore- COlldalMatien:. ef as pr..~ne li'~~rt:y. ca~ .tak.. .pl.ce, a All..a1! our. tawnal:1.1.p. are. aOlled ."allllO.t" .entirely far a9 pre.uv..,:..'.Jillvenna Twp; .haa pa~t:i.alaaning,.. .dc t~e eities of Jl.o.~t;,parm:l.ngt:on aJloll t.&kevi.ll.,... ADDITIONAL INPORMATlON ~...RDJNG AG PRESERVE. .. prop.rty owner aigns.a ~a.tr1e~ive COVeDAnt: ~o ~eave :eheir.prop.r~y ~ as u.. . for. at lease .8. y.ar., . It' .1s. a' .~J:poe~i... 8, Y.iI~ ....9l"eeoeAt.. ...Th. exp1~.tion ot.the.covananc i. e .years .from. . . - 13.1:, tbe cial:. tha almer.applies far .:l\Pirat:l.an, .. . ... M . (:a)- ,cha. c:ta~e. the local ..govumllen~. atarte .t:he. expirlati.on.'~X-':'~8S. . ,The: only axc:opr.:lon to the 8 year.axp:i.rati= term ill iD..t:h~ ev-""~..';'f..apubi:ic. emergenc:y . upon: P.Elt~U.'Oft. frOll! ~be awn.r .~. autl10rlld by tbe.. go.;eri:e~.. .. . . rlPpres:l., doc PAGE 2 FILE No.969 10/06 '99 09:12 ID:ASSESSING SERVICES FAX: PAGE 3 March 1998 "GREEN ACRES" M.s. 273.111 WHAT IS IT? . Tax deferment program for qualifying agricultural property. . Law was origiDally passed in 1968 and heavily amended in 1969. with minor amendments in recent yean, allowing nuneries, green houses & borseboarding operations to qualify wi1h certain spec;ific requirements. . Special assessments are also deferred while a parcel is enrolled in green acres. REQUIREMENTS? * Main and first requirement: The property must be used primarily for agricultural purposes. _ IF the property is primarily used for agricultural purposes - the following requirements must be met for green acres: . Minimwn of 10 acres owned and used primarily for agricultural purposes, . Must be used for agricultural purposes in the year preceding the assessment year. . Must either be the homestead of the applicant, farmed in conjunction. with the homestead. m: ha~e been in the family for at least seven years. . Owner must be able to verify a minimum gross agricultural income oU300 plus S10 per tillable acre. . Normally we get a copy of the farm schedule of the previous years' income tax retwn. . Must file by Mav 151: to be eligible for green acres on the following years' tax. . It is not necessary to re-tile, unless requested to do so by the Assessors. We routinely re-verify 25% of the municipalities each year. WHAT DOES TIlE ASSESSOR'S OFFICE DO REGARDING GREEN ACRES? . Approve or deny the green acre application. . Field check questionable parcels and/ot applications. . Determine two values for green acres parcels: (I) Determine market value for i& purposes (green acres low value) ~$jn sales frDm c:ounues to Dur &91,1th. (2) Determine market value for "non.green acres (actual or high) value".lI~iDi sales ofae parcels within Dakota Countv. . Vhen a green acres parcel sells to someone who does not qualifY, we calculate the green aues value and the market value on the part sold or no longer qualifying. (we do this for the current payable year $ the preQeding two payable years); we then forward these values to the County Treasurer-Auditor who calculates the taxes on both values and adds the deferred tax to the tax rolls (the difference in tax generated by the two values). . If a property no longer qualifies because it is not classified as agricultural land and is Dot sold within three years, no deferred ta.."es will be due on the property. If the land is sold prior to the expiration of a tbree.year period, the ~fem::d taxes must be paid according to the plan outlined below: 1. A sale within the first year requires payment of current year's deferred taxes plus the two prior year's deferred taxes, 2. A sale during the second year requires payment of the current year's deferred taxes plus the prior year's deferred taxes. 3, A sale during the third year requires payment of the current year's deferred taxes. . All of the special assessments which have been deferred are also added to the TaX rolls on the part sold or no longer qualifying. ADDITIONAL INFORMATION REGARDING GREEN ACRES: . We use gross ag income, not net. . Rent for ag purposes is valid for ag income. . Roads are counted as "aeres owned" if, in fact. you do own to the middle oithe road. . Income from a farm program, such as CRP or set aside programs. is valid as ag income. . Income nonnally must be from "production for sale of agricultural products". . If green acres property is sold to someone who qualifie$ for green acres, and if an application is made by the purchaser within 30 days of the sale, the deferred tax is not added. The purchaser then assumes any deferred tax that goes with the property when they apply for green aaes. . Horse boarding is a valid income source only "if doue in conjunction with the raising or cultivation of agricultural products". . Corporations are not eligible for green acres unless they are family farm corporations or cotporations which derive at least 80010 or more of their income from the sale of horticultural or nursery stock. . For additional infonnation, contact the Assessing Services Department at 438-4200 or 1-800-247-1056 (MN only). ~. gpga2.doc CSAHI 3,1 Rea Pr'oject Special Assessment Hearing October 18, 1999 . . . . . . T P;roj:ect Speciial! Asse:ssment Heari:ng - M.S. Chapter 429 City of Farmington . Project Overview . Project Benefits . Project Costs . Financial Plan . Special Assessments . Public Input . Action Items October 18, 1999 T P'roje:ct: Ove'rview . The need to upgrade CSAH 31 was determined by the Dakota County Highway Department and approved by the County Board as a result of significant population and traffic growth in the northern area of Farmington. . Grant proposals were submitted on this project by Dakota County but failed to meet grant criteria. . While the City did not have specific control over the final design, the City made numerous design recommendations to the County Board on behalf of the community. . At the July 21, 1997 Council meeting,after numerous public information meetings, the City was authorized to enter into a Project Agreement with Dakota County for the construction of the CSAH 31 Realignment. . At the July 21, 1997 Council meeting, it was determined that Special Assessments and MSA Funding were the appropriate funding mechanisms for the project. City of Farmington T Project Overview (continued) . At the March 16, 1998 Project Improvement Hearing, proposed assessments for property owners North of 195th were estimated at $385 per household. Final special assessments for properties north of 195th, based on actual construction costs experienced by the County, are now proposed at $392.56, an increase of $7.23 per household. . CSAH 31 is a County Road Project. Pursuant to Dakota County Transportation Policies, the City contributes 45% of total eligible project construction costs. Of that 45%, benefiting properties are assessed according to City Special Assessment policies, with the remainder paid for with City funding. . Special assessments on undeveloped property South of 195th and North of 195th are deferred until actual development occurs. . Special Assessments are a one-time charge against property and may either be spread over the life of the bond issue (15 years) at 6.5% interest per year or paid without interest if remitted within 30 days after adoption of the final assessments at the Special Assessment Hearing. October 18, 1999 ,-- L~..____,____. T Project Benefits . Benefits from this improvement include: ~ Improved Public Access with the construction of turn lanes, divided two and four lane segments, and the general realignment of the road to minimize sharp curves and improve driver safety. ~ Increased Roadway Width and Capacity has addressed increased volumes of traffic and provided for passing lanes. ~ Improved Traffic Flow has reduced congestion and travel time in and out of affected neighborhoods. ~ Improved Pedestrian Safety and Movement has been significantly enhanced due to trails along the highway corridor, ~ Signalization at Upper 182nd, with future planned signalization at major traffic intersections has been requested. The City has requested that the County install a signal at CSAH 50 and 31 in 2000. ~ The Realignment of CSAH 31 as a major City North-South Transportation Corridor will hopefully attract new commercial-industrial development along the Highway 50 Business Strip and improve access to the City's downtown retail center. Project Costs . Project Expenditures ~ Construction ~ County Engineering ~ Right-of-Way ~ Utility Relocation ~ City Project Costs CSAH 31 Project Costs Right-of-Way 18.1% Constructior 58.0% Utility Relocation 10.4% Engineering 11.6% II Construction . Right-of-Way . City Costs II Engineering . Utility Relocation City of Farmington October 18, 1999 Project Costs Project Category Total North-195th South-195th Construction $2,349,045 $1,082,910 $1,266,135 470,000 216,200 253,800 733,420 359,377 374,043 419,930 300,907 119,023 79,605 36,618 42,987 $4,052,000 $1,996,012 $2,055,988 County Engineering Right-of- Way Utility Relocation City Project Costs Totals City of Farmington Special Assessments March 16, 199 $3,729,990 I $1,93fJ~---$1,996,Q12 -~--- $1,1883~~~I=-~$l)2~~;~ $385.3:3 $392.56- $1,798,79S1- $2,055,989 - $1,798;79St--- $2,055,989 777.5 734 $2,314 $2,801 i ~ .__"._~___~_..__~___..._.-.-----J October 18. 1999 Project Financial Plan City of Farmington Revenue Sources Interest Income Utility Funds 1.9% 3.8% Issued Debt 56.7% MSA Funds 37.5% . MSA Funds III Issued Debt . Interest Income &I Utility Funds The City will underwrite project costs with a $1.5 million down payment in Municipal State Aid (MSA) funds. Public Input - Questions and Answers . How much will the assessments cost me? Final Assessments amounts have been calculated at $392.56 per household north of 195th. This is a one-time charge. . Will undeveloped Property be assessed? Yes. As this property is developed, it will be assessed. . Was the project needed? Yes. Due to significant growth in the northern section of the City, the County and City approved the project to address needed transportation improvements. . How were final assessments calculated? Dakota County picked up 55% of the total cost. Of the remaining 45%, road reconstruction was assessed at 35%, new road construction was assessed at 100%, with remaining costs funded by the City. . How do I pay the Special Assessment? It can be paid interest free to the City within 30 days after final adoption at the Special Assessment Hearing to be held upon the project's completion or certified to your Property Taxes at an interest rate of 6.5% per year for fifteen years. __I October 18, 1999 City of Farmington Public Input - Questions and Answers . Am I in the project area? If you live within 1/2 mile east or west of Pilot Knob, the chances are your home is in the project area. . Why are Special Assessments being used? It was determined that the road north of 195th was specifically needed due to increased population and traffic growth in the northern part of the community. . How much am I actually paying? Generally, if you live north of 195th, you are paying only for that portion of the road constructed north of 195th to the City's northern boundary. Of this cost, you are paying 35% of the City's 45% share. . Why didn't the City look at alternate ways of funding the project, such as a tax levy? A project cost analysis was performed in 1997 and indicated that a general levy would have cost taxpayers almost a $1,000,000 more over the life of the bond. Further, the road improvement would not have been necessary but for the growth in north Farmington making the decision to assess a logical and equitable funding choice. Project Action Items . Open Special Assessment Hearing . Acknowledge Final Project Costs . Receive Citizen Comments . Receive Objections to Final Assessments and Schedule a Meeting to Consider Appeals . Close Special Assessment Hearing . Determine Issue of Accrued Interest on Undeveloped Property . Adopt Resolution accepting Final Assessment Roll . October 18, 1999 CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 h J f'-{,OV1(Q) .0'1 [.5..2.. NAME: ~~+1{~~ ADDRESS:Li'~B ~ M)) ~~ ,2)0,2,7' Comment/Question: ~C::3 - g/y-y r!/J..,U ... a/It K. 4)L.bJcrwM ~ b ~ ~ ~ ~~ 6W-<J~ 1\.D+ ~ ~ u1r fM--. CSAH 31 PROJECT ASSESSMENT HEA~ ~ER 18, 1999 NAME:Af. (j~ ADDRESS: 52aJ 2oy/ ..!f),J \ Comment/Question: c;;(y \t ~CfOV z ~ CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 (/: $z.c-J .-If u,r !),#,A/ flt;">"vV NAME: ])rllf) f!lo55 ADDRESS: If () If) &/~' )I() J)R / vt:- Comment/Question: tJ III t:i/'! 11'55(2::55 PJ a ;JS ? ~~~~ w:\'~~) C:t~~~d~$~ : ;(~:r;'L~;~ ~;;::L 51t~N <c/1,) if*"-J o{ ~< ~) CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1999 NAME: DC\ Ve.. 13 L/Yi J Jfy- !1f.- I#J!l~ sr. bv, ~VY"),~~, /l1A/ # 6/;) - 367- 5~'7o ~ '5'5'od y # 65' ) -, 1160- d- 5' I ~ H L --:> ADDRESS: J C) J ~ Comment/Question: ,~ {J;),~'1J ~ rYVL'f~0 CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1~ NAME: '1\C~ tZ~ '3 \ I: (/ ~.., ,0 f I /1 ADDRESS;L~ <6 q ~ ~udLr [J (l td-K c,ornmentlQuestion: ~ ;mCU &0 ~. \~~.~tt:. Q~~ cAS~QS5 '-3.J lJ .' I . ~O ~- A Cou,^,rt &f1D lu<' tJ rll,\J L4,tu ~'T[S (GUN',,! PfJWS M-<e. ~ 8~_ XU)\j Dzb g Y ~~ (L-J U [\j"( \{ lJot -1 t~ P7 {Jpc 'f c NAME: CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1999 M~rk Tile 16272 trnera!;) Tr (/; ~/ F OJ rtni rfii o~) !'Ii N S-;-c Z If ADDRESS: NAME: CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1999 Chili a/fer 521~ - /90Tff <;-r; ADDRESS: Comment/Question: (D \N'L.L 1rlt" COVMCll,/Cl\\1 f66 Ii S'i>eSJ!^"G -H(}rnt~ Fa(l,.,. ~ E' 1/ sri ANa E L.m S-Ttl. PR..o~ecT~ (3/H6() o(t.) -rt-/ ~ I t,- f)" 7 /2- YV11l..~ tlBvTnt../C; THe rlLoJ~c-r h;IZ.Mt/(....q. $-('\ f'(-/ LeGljc. Co.v,,~et- I"" C If '" ev ~ I L.\r TH Eo C IT '/ ,.( ~ -..J G ~ T H-G f3v T .rc t2- Dca T e lLYl1l rv ~ lleU It B ~CA-[/$6 +1~t11es IN -rq WIoJ " Lq(.~ 7'f!O ge--r~~t\I 4SH a..) 15L.V2t'l Wrl..t. BE f)5'stEb6eO lWl-CB; 6wc[{ FQII- ~ACl-f Pfl-DJeG'r c1) Wlf.,L CkL Qve:-"S'CtfSt.I S ~ Tt-kr"Se- ks.1Z.W1S- AtJ(J {2erp6AIJfE (fe- K6{JT 6N FCL,(J Ai $" fffft r of T~~ M ~ cV' if r 6'b" ? H'tc..r ~~ ? CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: ;}U D\/ B//)(IJf\Jj- - .." ADDRESS: SI:l)[e /)Jjf87~ I Y:;jiJ) sr KJ Comment/Question: (J) JE t:t s1v(M SlWtv f!nISIJued C{ u-h!i f::J ? @ Jl ft.); WI W7A.-1x ?/S5JC5SfcP-ftJ htJi/t #tl~ (d7if;J- ~d ~rL~'#If.Yl, be . a6){b'oCd 172 !':dove fT, · _ uJ do __lDW If 16 shl/ fhRYe? CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: D 6' 1f} vtl G f. WO/6~P ADDRESS: l <60l3 S C /(,.r::.l~rJ f7v~ Comment/Question: LV ~ 11 6- u/ (J G 6tt 8 C oS (} c:?~ 6t,~ 0'" CD J1 CJ ~ ~ 1'11)1;6)0 /t""- d -"'t7od ~ It ~ Z1dlP (7 C t1Vh ;. fLl b~ Cc;,.,1 ! l'Vi. 6te d , lavzb -111 6'-1 t1 b ~~(J ;'Vj , @ CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1999 NAME: ~ 0 S -€-- -\ cJ\ ~. \:,-cl cC:- { CSAH 31 r~OJECT ASS. SSMENT HEARING - OCTOBER 18, 1999 NAME: {);{I'} C h ;J;J s )) ADDRESS: 5'037 J~}~ /fi/J sJ cJJ tJ p~ h ~() c ~ 1/J v?~ L> (7 v I.e--;?s CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: do~V) 67Y7CO D -€.. V IV .e. Y ., 7A 0.-4 J/J >,~ ADDRESS: CA.--.sJ ,.-- -- '~~"~~ :fJ~0~ CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME:---1fj)' II, 1 ~B?-- /1) i d () U 1JJlfJ61[ d ( liSt3y ADDRESS: / f 9 4 .~ E !J1 fJ ([ If ;tv ~ Comment/Question: / I ) J t1 ( f /)17 b /)' A- l [I (; (lJ llfJ!-tJ klJ f~/N A55rF ~ A 6~ flit tJ I IrrtlfJt- /(J1 () f) () T 7JIe' e/ /7/2 r: Wu 11 fl/ ? ) (J /0 e 17 ~; 11/1 C I G1 t)?/ t7Z- 8~/ fJ C1f7. {J ~ II J01 1/17:;. /1/ llfr: {/ fJ {/{f,-f ~ !3 tj / I! ~~Y(f P[/( (lie bl//1rJf/(/ O/vl f}Jr lttll/{ Itlfll/II7JcvfZ!(tzlll 17/g 1f714{/vcrv!T VI t/ As: I-~ 11 !11(}12 6 1l!1svl/ )11 51 (} # f PI 111t'7tr~ t1J JI1I tJr-!f6t/d/6~ 11 /Je71/lftl tri V~ .,fil!;7! JS/ !;11Lqu.~r Iff: CkJ{ {f-9~4lI .'1 ~ ftMGJc/tJr !/~f1l!7rJ i/.tfJS MP; cJO Mrrs~. ~ r; (1, SI ? r CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: beL VQ.., CS vn \' :J e y ADDRESS: 55' 3d. V~rev J g~ Vl.3, ST. 0\ Comment/Question: CD \,J~'-J (j,,1VI.t b {,"'J IbSe.\.\euL v-Ae.... L tQ"~1 tJ,m{}w+~ KJ "" I J r-:4~ / -tA.Yt"~ I ~ ..I. (}..M ~~ huv(e ti\'-"tt'-I -It!/'-l O;/ot . / I --14 VI D h J- h ~t\v A /ot v./- ~ Y",j 1'1 ~ y~ V, ~ 1 J 1\ y'~ b (jv VI w+c, ~ PC'fJlf'_- 5/J.ff>J I'..." d- ('C/lV'f l'-i S ? -L tJo II' (JL V ) V ~~-\I) .\-k !!: "" '--- . ~"?) 1:... ~{>,v~ fA.- 00.'" hole., (o~v 1;"'r"1j ~~ 'jtNtt /~ J- )oH 5o""'~ fvvfevtvJ f;)<:::: .,.~~ YlfoJ tu'n '"') Ja"lk, J .r ~ M i Y) ~ ;'.1 b w lvt. .s C I1vv\ f"'" "t' } (}v .;, L M S I'WY, w"'" 1 ? \I'J~') JlfJ't 1'\tl~ \k (1 {M. ~ o)e.- J~ 't"~ Si-Y-fe~ 7. ~ CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 ~e\--E? r- ADDRESS:_It2>~lD S\5;..J lJ~ Comment/Question: -Ho c. ) "VA <,. -l-t M-t~:,) ,~.J -+ D ~"'~ ctSSt"Sc, '" s.o\AJ Q;-e:---. '-U~^)~,,~r\-,)--C" (~ u:;.\\ ho.:J~-t? A ~,.,J ~",+,j(' I"> +0 ",,\\Sv.t:~ Qo~Jn;J -1",J~kL J..eue\~ ",1,~ -tJv, l-4~ s n \3JSj~'S<:' ~ CSAH 31 PROJECT ASSESSMENT HEAR G - OCTOBER 18,1999 :r.: 0 c:> :r d (., Y -r-o NAME: \ T 14. 6 f\ s ~ cSl'- l.:3 N \ ADDRESS: S- 0 1 Lv\. w .. ~ D:3 K. D S-'- } D ... J 'il-o, <1 Comment/Question: ~"\ T\-\ C M\:\~( \-\ \ 6) q ~ \-\~ ~(l~ N j I \. ~j lA', \<ew \4.. ~t::>~ ~ \..... i:. ~ CO~ i;.s ~ 'f'" ,:; i'J \" (') ~ N\ \J ~ C\ c.... \< c PA. It <.. ~ \ t ~ wAS 1 p . ~()\'D +"'c s\: f\. ~~ \ A.J o~ 't\ A~ 5 C 55 A. -\- \- '^--~ S i V'J'))~ \..L:>wfS2: C ~ ~ ~b . 'd-l 1> 2 l( \-\ D lA S 2 "^ I:) \ J. \;: ~ \A; V A \ ~ I\J T t l02. Rt:';C.C:1\.)T\~ \\\::(f~V~O Af'J ~~S~M~i\Jl ~~ \\.D:\5.~1.f We. ~('\Jc Li)t\.)-tA.l..t~D +-'^-;: <:,,:'\v. v..\'\\-~ u.,:-+-'- ~\\ " \ ~ ~o.,.. VV\ ~ -\. \ 0 I\J ~ ~{\J~ ~'"t" +""-.~ ~ ~. ~ ~ ~ ~ \1"~ \(c::c:..:c?'v2r:> l\.)C) ~2~'l CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME:~1;i u., ADDRESS: {~D5C] ~VpMli4(, ~ Comment/Question: I ,..sl~ -i1u.- irnymUMds -fo 3J i1Jl.L U)::J a.~~ ft, hD>t\l,,~ ~Iose~ -b; 4k rDAdway , wi!1 ~ &f-~hvmlnr -{O~z.e, '-lhl~ ~ Il- ~, ~b 4t.tZI- ~ roadwj Ji"pYOterru:k l sv.d1 ~f1 tlwj.3) wi I~itt bj SrCdM Il$=~ YJJ\wr ~ ci~~L!)1k ~. CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 '-'\ .7 NAME:~~~t'/" ,-/i/j ~ ADDRESS:)}?' l Y F ~ ]:;)7CG a/~e Co mentlQuestion: t j-)~e:t-? ;/;Z TO Avr r-o - iJ~ NJ'f Z; Je~~~ 1-0 orAe-- {:1rl('5 CZ5r'c.&P7'T:f' ~/ L"V- ~n0 ~. J, ,/fkHe/ ~(jVV1;f- 0.1- 1- /~ e: IV /{ y ! " lrJ()r&-JC/~ ( - CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: ~---1l1s.MtN ADDRESS 1tJt!J;,2 enll~ t, ~'d 1 ~ Comment/Question: ~,~ W4:') MlJ 0 rU I; Au! ckd or:, '\ -:r 'f(J11 k 'ft~ fl[tIJ? ({&fit h1 /JWL ~tt#~~ bu~l+ ~:-- ~kg tOAd 411JlJ1 jud- ~Jr-k\;~ If;.. ~lt:, ;err;;/'{)u rertf }n ~ v>~ )ncluJeJ, ~JJn+ I+- ~c+li:t-'6 ~,? CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 ,. Ii NAME: "Y/. ADDRESS: <J- C) q ~ .2 CJ 3 ~ 5/""':. Comment/Question: - ~fl:J ~~~ ~~/.(Jo~ ~ ~~/~ ~. CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 '., ~ +<~ NAME: 1.') I 4 r\CA I E-5 . , - . . PH'0d, 11 ADDRESS: ~r.oC)::; Lu ~r l '"J . Comment/Question: -:eft: .p;/q, knob imr\D(Wffi{l0t~ OJ'-e ~ir~ ~ f-e w ~ ~ t+t~~ vn+~ ~ -5 '~~~h +"0cx - t.. '. -0 b~I\~t-; __ . - , [0 \\0\ ~ C\ +~ -t ~ V y\ CU\ ~ -f u. --\ (,J" (' 'f\ \'Co ~ .~ 'm\J\O lW (\\~\\.'\:<; l~\\ D'E: .?oid \'ll~ {\:U) - -to w ~ o,\\\~'\' \'C'PC\, ~~\\C~ cc){\\.2 \.)~ - w~~ ~ -l el~~~~{~DQl\t~ ~;~~~' ~\\~ ~?i:.\,j^,4 % \() ~ es S €. \.k.) I CO-lJ.v~ 0 ~. - ..-{ CDU(\(\ \ C \lM/ L\. --,- CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1999 NAME:[~}/ ~~]9 T~ ADDRESS: /Y2/? Eiho 4/t/'C Comment/Question: ---lilicd:: i s, ~ llW cL.-t' V'\ i -h D VI 0 ro..." bv-1e. fi'ti \'\ J ~7 I. dis~~~ ~cd- oY"\l~ ~\e. Y\t\~"Of:- \~S--0-- W \ \ \ "'-~.~ Ioe.ne-~ t- \:vo VV'\ ~ Y'o cul \ M~ ~-,~fe- ~rn~~hWX- f)o-1ull-t<.. Ll)v-Y'~ \ '^- 4- ~ . ~m ~ (oeW,. CSAH 31 p~ .JECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME:~~~ ~ ADDRESS: ~,~O-3~ E'I-~tLr tlA Comment/Question: nOW au "lOA f)qUf~ ~ UJIOJt OJtlWU7 ~bau:t ~ SQbcd ~ l b1L~ ~ Mvlf-- L~\~ W_ c% Vl\~-t ~ Sv'\tVv~f\l' pG\\1 ~ ~U\j. \S P\\0t YsJo r\or \YLt (Y\LLIV)' (}Y k~ Qb fuMI"%-hsv1 7 CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: --::. \L~r:::- * u l..#- ADDRESS:S-~- '1l-J ~~-p~ I 115 ~ ~'f-. Comment/Question: cS ~ J.I- s i IS Co\. f ) ~, II'. 0.. {"" 'Ie f :!::> &-t 0 ,,"'- r:=o. r VV\: ~ lo "" '~ ~pp)(L V~ \)~. ~ ~"^ 1-0 \.A.o'~ '^ V". e C'"'\. c(~4e-;7~ vJ ""~ ~ )\:S, 't-Ane ~V\.,)-~ I/'e .Q x c. \ v.>>e D f..r d-,^",- ~ CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: _:\7 C'--I\.."'.. \-\a'.t,l} f0tL ADDRESS: / ~ OS '7 ~ <C./C t'""\<ctC Co UK--\ Comment/Question: \-4ow 0,0 '/6G (j, ~l I~ <,\-\ 'L.- o ~ 'I \~<v 'rtc.)'W) <c ~ ~ I A \ y... "j 0- L L 0 t'Y::e>..(cXY\ \ tU (~T() K-\ cA.-7) S E bM Er-J\ 6 ~ rud\ cf\.~b~&S \ ::> '\ 'r\ \ ':> c>... I'j') WVt:./1 \..\\ r0 G- 0 ~ a \) ~~ y. 'tA. Q ~ ~ CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1999 NAME: ,(f!t,t;j (J IS ~) ADDRESS: d t?();J fb;f!~ lJ~ Comment/Question: dfL 7 ~ ~~f vJ Itf. ? 1:[1- N- ~/J.I:S /1ddt1 ~. ~ ~ e/~ I ~ ~ Vi1i' flftJUJ It IwrL ~;JdMls lIJf f1Wjlny? CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME:~cJA. :5 n eC () ADDRESS: \'6'159. 4 ~(ACUci r-<L~ 1 Comment/Question: LlfJvK( , \L) M-I2 &oU~ \ ~ ~ \~C (j1l~.~ CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1999 NAME: DQidj [CO [Sf oo,..,~u; .jt; ADDRESS: J cr ;2 /.p [) ~ ;.;eJ--t.::;'i::or"J Dr i Uc Comment/Question: ~h", p~y;? fC)r -/:;he cost o-P Y;-/4-JI')t-e1CU1ce (; t"', I f 5ea/}~ J pofh()/e Y'f"ra ;('/ e-b~~) ? WI II C 54-/-( ;(/orih o-P )70 'b~ he \;1/jJerJ ~, -to /o<<r khO.v/ecje? CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: J)J~ M. &ltvL ADDRESS:jgg!;3 c~~ A1ft-, /1-~dIfhJ /IAN 55"0.;)4 Comment/question: ~ ~ i-~ . ~l lit ~J, , CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: KA:J or :rUD~ G-M-Nt\Oh0l ADDRESS: Igy~o e.hDo~A\)o wA-~ Comment/Question: l. j:6 -th-e.en+.t'-.e 0'\ \\ b~lnj p~l~ ~O~ bj -tn.e- res\ d.eY\~~ ~ ~fY\~+ ii ::(-1-' S~f\'\S \ l\(.e U-e.r-j rOO~ -\-~ ~ l ~ ~O~ +~-e. 1>: II +0 b<e- ?a., \ cl be~o<re. 1\ 11'1) LJ (OU+ p.e-~tL. t -t~ tfS- ~ h~t--€S+) WI +h C,h r- \ sf Y\'\a. S b-e ~ r'lj Q Y\ l ~ Il ( }- l'V\O S . w~ l CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: J;HtJ /hlU/AJ?;S6N ADDRESS: ) Cj(} 1 / 6N~!/--ItNJB7~ &- ~/;u?fl;J Comment/Question: --11lJ1ffr /5. 7l/u. Ct17f Lhl/ll(-; 1IJ /%413 ?lIe;tlrn /~ viMt, '//11 '7 l./' ?CC I:' 7VOtlA./c. 7~.~ &r~ /~t,J' ffKl ~?() ~r5' Ib 5"/W Alo 7l-l~{) $uck5 6(2 // 11/61&IIT-Ns71G(~~, IftPJ sfl!r>>t- 8U5ff5 t~zNl/9 !1J11);){r;- 5uk Ih ~IPUf fi617#f; OfJ7 tJ,r ;JoyJ2=-- CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1999 NAME: 9Un~/Zl rf7([UU(jU /1\.- ADDRESS: /q 070 rlle/? a.n:U d W-,~-!av fV/ i '~A- Comment/Question: p/a4. Q -b>> ~ CWne.-. tPA-trCL~ (9JL C0/Cti'\.; ~ -I-r ~ ~ rY-Jl, ~ I . W .4U . .A.fyH a~ . huL dt ChUl4J cI 10 ~U/1t1 00- ~ I. . ft/~ e~--fy;~~ -10 h~ ",!alp -r~ tU-~' V-L) CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: l\ l""l-\-\.-..tJ l'"'\ \..., '? ~ ~C\. \ ADDRESS: \ '0 9(,9 ~ Cn-.'b" ~ \J -e ~ Comment/Question: C>\- (> -- . \ ~ {;{A" 11A.1 (1 g i-c.-..,...., . \\J ~1 w e.r~ ~ ~\t9 ~~ f) LA_n {lr~ \. Clr-. ....1/\.. r? 5=" ,-, C< s.'S.e s,~e0l.. (. vet <-; Ol'\e CAe c.a~ S{9lA{ h 0'+ ('S:A-W~) \0 4 '--\ ~ \'{ o V)l '1 7 ~ \ O--n e~ UJ" ~ ~ lA ~ 11 tl ---3> f<()~~c~d ~ro~t~ W dtA.lo\. hD 0-e CA Lf. l DLn-tl- ~ A. ~ '^t .S 19 LA'* ~ , ''{. V\.-- 0 cLe. ~ €.1\ \ ~ --{.o lA 0 u e ; i- CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 1)/. / i'l'1i ( /J ,7 (J !. .// /J-f-ttJ r i t NAME: / .. cf/ I [,/1 Cr\g:, /{ tJlitV-/v'--J ./ l ADDRESS: /'1~3;j !5Jf~-' ()u1JL( 'frJJIJ1r1j~ Comment/Question: ~(Jp(p \Sf",-lj i-rd~ 4tAn 1~){Xdto qif-m <-In ljJ rl, be(f {lLUly. / ~jtL (} fJ)Ilfrr) I (w (; /r1 ict.K- <).Q c-Hhn, ~A , (\. ,'(""} cd- %L ~1v-~{ (:3( i1A,,~tM~ 50 ,hft:x--,~(tJoY\? M-{S b ~ (A l-L nM ,---<:CV)\1!LL (' CYvCtru ( ~Y"" ~VOCS~'\ +t,\ts J \n:J~ l-\.~\ 't ~~hOyIGSW60,i: OnL 'I ~<,cci1Gh Stto0-cJJVj f " c0W- ~LL +\u--. Qjl~rtio? I qo Wv d>{(, {q~~ woZLi-d JtdP./ CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18, 1999 NAME:Mt-: (){\d r~\\CGnCL Q:(l,(~hL-\^,J.--- I ADDRESS:--19J2L . 'Upv-n;:>t Tb:-:l-h. PCIA/ltlt'flCdor' tnn (Yi)d' J ~ :.t.. ,. 0 oJ. '=t. CommentlQuestio : ~ c}!^-'--- Ci~ CD Ffu mirJ1Dh qm U.1l.r:' 11\ . Cz . ~ J1K pNttorJ .~fl) fb(t (Y fm(1Ol-1{n2([/S t, Jo-'/ r . :1 CSAH 31 PROJECT ASSESSMENT HEARING - OCTOBER 18,1999 NAME: ADDRESS: Comment/Question: . ,l ,{r L\ Y\JL ~ \J\f Y1 Y ~){ J7 IV \-\. '.1T, 'i l S \I~ .)S. (J7~~\ inJ) ~. ~ . (, \) ~rmiV1Dcf)n, ~h~' dOf^C\ thE,,) ~: \: IS ~\Q G,./Iij of' lJl\Zt~l\ll ntCt-0L~ ng City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmington.mn.us //a-, TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Consider City Library Transfer Agreement DATE: October 18, 1999 INTRODUCTION On September 21, 1999, the County Board approved the attached joint powers agreement for the sale of the City library facility to Dakota County. The Farmington Housing and Redevelopment Authority approved the sale and transfer agreement for the City library facility at their October 12, 1999 meeting. DISCUSSION The proposed transfer agreement is in substantial agreement with the transfer terms and conditions outlined to Council at the April 24, 1999 Council Goal-Setting workshop, The agreement has been reviewed by staff and the City Attorney, with final language issues being worked out between the County and City attorneys' offices. As previously noted, the County has expressed interest in performing roof repairs to the building prior to the official transfer date of January 1, 2000. It is my understanding that the County has received and awarded bids on the roof contract and is scheduled to commence work this coming week. As previously noted, should the Council decide not to approve the agreement, the City would be responsible for reimbursing the County the full cost of roof repairs incurred. Accordingly, it is important that Council members understand this aspect of the current agreement should the Council decide to change its collective mind on this issue. This particular aspect of the agreement was discussed with the City Attorney who concurs that this was a reasonable guarantee provision. In the final analysis, the County has assured the City that the operation of the facility and the delivery of high quality public library services will remain status quo. The transfer agreement provides that library services in Farmington will be treated in accordance with the same policies c\L.-rently in place at other County library facilities. In effect, the agreement raises the level of County Board assurances to maintain library services in the City similar to other County library facilities. BUDGET IMP ACT As previously presented, annual operating savings to the City as a result of this transfer agreement will be approximately $30,000. While the City is still responsible for the debt service on the tax increment bonds that were originally issued to acquire and remodel the current facility, this financial liability will have little effect on the City's general fund operating budget. RECOMMENDATION Consider approval of the attached Joint Powers Agreement for Sale of Building for Public Library. ubmitted, file JOINT POWERS AGREEMENT FOR SALE OF BUILDING FOR PUBLIC LIBRARY IN FARMINGTON, MINNESOTA This Agreement is entered into this day of , 1999, by and between the City of Farmington, a political subdivision of the State of Minnesota ("City"), the Farmington Housing and Redevelopment Authority, a political subdivision of the State of Minnesota ("HRA"), and the County of Dakota, a political subdivision of the State of Minnesota, duly organized and existing under the Constitution and statutes of the State of Minnesota ("County"), each of which constitutes a "governmental unit" pursuant to Minn. Stat. ~ 471.59. WHEREAS, the City and County acknowledge the need and desire for the continued existence and operation of a public library to serve Farmington and the surrounding communities and service area. The parties have statutory authority to acquire and maintain land and buildings for public library purposes, in accordance with Minn. Stat. Ch. 134; and WHEREAS, the HRA currently owns, and the City currently insures and maintains, improved land that is used as a County library ("Farmington Library"); and WHEREAS, the County owns, operates and manages public libraries in various locations throughout the County to provide public library services to its residents; and WHEREAS, the County intends to provide ongoing public library services for the residents of the City and the service delivery area of the Farmington Library; and WHEREAS, the City and the HRA wish to transfer to the County ownership of the current site of the Farmington Library, along with all the benefits and obligations arising from this ownership; and WHEREAS, the County is willing to take ownership of this property for the purpose of operating a regional County library. NOW, THEREFORE, the City, HRA and County agree as follows: 1. Transfer of Library. The HRA shall transfer to the County all title and ownership interest in the Farmington Library land, improvements and related library programming services, said property legally described in the attached Exhibit A, for the sum of $1.00 and other valuable consideration as provided in this Agreement. The HRA will convey fee title of said property to the County by a recordable deed of conveyance, free and clear of all liens and/or encumbrances, including special assessments, as of the date of transfer. The City will provide the County with an updated abstract of title at the City's expense. The property and improvements will be transferred "as is", and the County is aware that the roof of the building is in need of immediate repair. 1 2. Date of Transfer. The transfer of fee title and all appurtenant ownership interests in the Farmington Library shall be completed by January 1, 2000. If the transfer is not completed by this date, this Agreement shall terminate and the 1995 joint powers agreement between the County and City for the operation of the Farmington Library shall continue in effect and shall govern the responsibilities and obligations of the parties for the operation of the Farmington Library. The obligation for the payment of utilities for the Farmington Library building shall be pro rated between the City and County as of the date of closing. 3. County Responsibilities After Transfer. Upon completion of the transfer of the Farmington Library from the HRA and the City, and during the term of this Agreement, the County shall: a. maintain the land and improvements in conformance with local, state and federal laws; b. maintain the landscaping and flowers on the site, but may, at its sole discretion, alter or remove plants, trees and flowers on the property; c. be responsible for all maintenance and repairs on the building and other improvements to the property; d. carry out the obligations as lessor under the lease with Independent School District No. 917 for a portion of the building that houses the IDEA school program, including the right to retain rent payments, however, the County is not obligated to extend the term of this lease after it expires on August 14, 2000; e. provide library services to the City and the surrounding service delivery area consistent with County Board of Commissioners policies and operating considerations that are applicable to all County library facilities. f. provide the City with the same priority access for the use of the Farmington Library meeting rooms as is afforded County departments, for the purpose of conducting public and community related activities and at no charge other than normal set-up or clean up costs. g. be solely responsible for payment of all future special assessments that may be levied against the Farmington Library while the County owns the property. h. be responsible for the payment of any federal grant equity that is required if the County uses the property for a purpose other than as a library in violation of the terms of the federal grant previously provided for the purchase and development of the property by the HRA. 2 4. City Responsibilities after Transfer. Upon completion of the transfer of the Farmington Library to the County and during the term of this Agreement, the City shall: a provide snow removal service for all building entrances, sidewalks, driveways and the parking lot, so long as the County maintains and operates the Farmington Library at this location b. provide lawn maintenance services for the library grounds including mowing, trimming, fertilization and chemical treatment, so long as the County maintains and operates the Farmington Library at this location. c. refrain from taking any action that would impair the ability of the County to use this property as a public library. 5. Repairs to the Roof. The City and County specifically acknowledge that the roof of the building is in need of repair or replacement. The County will complete the needed repairs before December 1, 1999. The County is responsible for the full cost of these repairs, unless the parties are unable to complete the transfer of the property consistent with ,this Agreement. If the transfer is not completed due to the failure of the County to complete the sale, the City will reimburse the County for the cost of the repairs to the roof in the amount of $80,000. If the transfer is not completed due to the failure of the City to complete the sale, the City will reimburse the County for the full cost of the repairs to the roof. The City shall have up to six months from the date of receiving a written demand from the County for reimbursement to make payment to the County. 6. Source and Contribution of Funds. The City and the County each shall budget for or obtain funds sufficient to carry out the undertakings and responsibilities each party has agreed to or assumes by the terms of this Agreement. 7. City Option to Repurchase the Property. The City shall have the right to repurchase the Farmington Library property if the County determines in the future that it will no longer use the property as a library facility. If the County intends to move the library from this property, it will provide written notice to the City of that decision. The City shall have 90 days thereafter to notify the County that it intends to repurchase the property. If the City determines that it does not wish to execute its right to repurchase, or does not act within 90 days of receiving written notice from the County, the City's right to repurchase shall be extinguished. If the City exercises its right to repurchase, the parties shall mutually agree upon a date of closing. 8. Repurchase Price. If the City exercises its right to repurchase the property, the parties shall mutually agree to retain a real estate appraiser to provide an independent market value appraisal of the property. The City and County shall share the cost of the appraisal equally. The independent 3 appraisal shall establish the price to be paid to the County for the repurchase of the property by the City. 9. Amendment. Any amendment to the provisions of this Agreement shall be valid only after reduced to writing and signed by all parties hereto. 10. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations and the 1995 joint powers agreement between the City, the HRA and County for operation of the Farmington Library. 11. Termination of Agreement. This Agreement shall terminate when the County is no longer using the property as a library, and the City has either completed the repurchase of the property, or has failed to exercise its right to repurchase as provided in this Agreement. The parties acknowledge that at such time as the property ceases to be used as a library, and the City exercises its right to repurchase ownership of the furniture, materials and other personal property on the property shall remain with the County. 12. LiabilitylIndeoendent Contractors. For the purpose of this Agreement, each party shall be deemed independent contractors. Any and all agents, servants, or employees of one of the parties who are engaged in the performance of any work or services required to be performed pursuant to this Agreement, shall not be considered employees of any other party, and any and all claims that mayor might arise on behalf of anyone or more parties to this Agreement, or their agents, servants, or employees as a consequence of an act or omission on the part of said party or their agents, servants, or employees or other persons shall in no way be the obligation or responsibility of any other party. 13. Indemnification. The City shall indemnify, hold harmless and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the County, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of City, its agents, servants or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this Agreement. The County shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of County, its agents, servants or employees, in the execution, performance, or failure to adequately perform the County's obligations pursuant to this Agreement. 4 14. Equal Emplovment Opportunity and Coml'liance with Applicable Laws. All parties agree to comply with all federal, state, and local laws, ordinances, rules, regulations, and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. All parties further agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated as they relate to the performance of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers. APPROVED BY THE FARMINGTON CITY COUNCIL ON APPROVED AS TO FORM BY FARMINGTON CITY ATTORNEY CITY OF FARMINGTON By: By: Gerald G. Ristow Mayor By: John F. Erar City Administrator APPROVED BY THE FARMINGTON HOUSING AND REDEVELOPMENT AUTHORITY ON FARMINGTON HRA By: Chair COUNTY OF DAKOTA Michael E. Turner Chair, Board of Commissioners Date of Signature Approved as to execution: Assistant County Attorney/Date Attest Mary S. Scheide Clerk to the Board Date of Signature Approved by Dakota County Board Resolution No. THIS INSTRUMENT DRAFTED BY: Jay R. Stassen, Assistant County Attorney Dakota County Attorney's Office 1560 Highway 55 Hastings, MN 55033 Telephone: (651) 438-4438 K/C98-70 5 Exhibit A Lot 1,2,3,4,5, Block 8, Town (now City) of Farmington according to the recorded plat thereof. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lib TO: Mayor and Councilmembers City Administrato~ FROM: David L. Olson Community Development Director SUBJECT: Ordinance Amendment - HRA Board Composition DATE: October 18, 1999 INTRODUCTION The City Council discussed at their September 20, 1999 meeting whether to consider amendment of the City Ordinance that specifies the number of Councilmembers that may serve on the HRA. DISCUSSION The City Council adopted an ordinance amendment on January 20, 1998 that changed the composition of the HRA Board from all seats being held by the City Council to include three appointed citizens and two sitting members of the Council. It was indicated at that time that future changes would be considered to further reduce the number of Board seats held by Council as deemed appropriate. It was suggested that retaining one Council seat on the HRA Board would facilitate better communication between the two bodies. It was the consensus of the Council at the September 20, 1999 meeting to direct staff to prepare an ordinance amendment that would reduce the number of Councilmembers serving on the HRA Board from two to one. The City Attorney has prepared the attached ordinance amendment to change the composition of the HRA Board. This amendment was discussed by the HRA Board at their October 12, 1999 meeting. The Board unanimously recommended approval of the proposed ordinance as drafted. BUDGET IMP ACT None ACTION REOUESTED Adopt the attached ordinance amendment changing the composition of the HRA Board. Respectfully submitte , ~ DavId L. Olson Community Development Director CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. Amending Title 2, Chapter 8, Section 3 - Housing and Redevelopment Authority THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 2, Chapter 8, Section 3 - Housing and Redevelopment Authority - shall be amended by adding (underlined) and deleting (-stffiek) as follows: 2-8-3: Criteria Adopted: The following criteria are hereby adopted: (A) (B) (C) (D) (E) (F) 81208 Members; Officers: The authority shall consist of five (5) members who shall choose from among themselves a chairperson and a secretary. Designated Seats: TO.\'0 (2) One seat-s shall be held by g sitting member-s of the City Council. The remaining seats shall be filled by citizens appointed by the Mayor and approved by the City Council. Qualifications: Members shall be citizens of the United States and residents of the City. Term~ of Office: The terms of the Councilmember-s shall be concurrent with the Councilmember's City Council terms and shall expire at the same time as the ffiftfRbers' member's Council term of office. The remaining three (3) four (4) members will be appointed to one (1), two (2), iHiEl three (3), and four (4) year terms initially. Subsequent appointments to the three (3) four (4) seats filled by citizens will be for five (5) year terms... Compensation: The authority shall establish the compensation to be paid members and the reimbursement for personal expenses within the limits prescribed in M.S.A. 469.011. Oath of Office: Prior to assuming the duties to which first appointed, each member shall take an oath of office. 1 SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in th~ official publication of the City and shall be in effect on and after the day following such publication. Enacted and ordained the _ day of , 1999. SEAL CITY OF FARMINGTON Attest: Mayor City Administrator Approved as to form the _ day of ,1999. City Attorney Published in the Farmington Independent the _ day of ,1999. 81208 2 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lie TO: Mayor and Councilmembers City Administrato~ David L. Olson Community Development Director FROM: SUBJECT: Interim Ordinance (Moratorium) - Adult Establishments DATE: October 18, 1999 INTRODUCTION The City Council approved an Interim Ordinance on May 3, 1999 that placed a moratorium on the establishment of any adult establishments for a period of six months to allow adequate time for the City to prepare a permanent ordinance regulating these types of establishments. DISCUSSION Staff is recommending that the. moratorium ordinance for the establishment of adult establishments be extended an additional twelve months. Work on the City's Comprehensive Plan update as well as several significant ordinance amendments have not allowed staff to work on drafting of a permanent ordinance amendment dealing with adult uses. The City Attorney indicated that interim ordinances can be in-place for up to 18 months. It is anticipated that a draft permanent ordinance can be drafted within the next twelve months in conjunction with a major re-write ofthe entire Zoning Ordinance which is scheduled to begin in the second half of next year. BUDGET IMPACT None ACTION REQUESTED Adopt the attached Interim Ordinance extending the moratorium from six to eighteen months for the establishment of any adult use type business in the City of Farmington. ReS~llY SU~ U avid L. Olson ~ Community Development Director ORDINANCE NO. 099- CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE EXTENDING INTERIM ORDINANCE NO. 099-430 PLACING TEMPORARY RESTRICTIONS ON TIlE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF TIlE CITY OF FARMINGTON THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: Section 1. Background. On May 3, 1999, the City adopted Interim Ordinance No. 099-430 temporarily restricted siting of adult establishments within the City of Farmington. Pursuant to Interim Ordinance No. 099-430, the studies concerning adult establishment uses have been compiled and will be reviewed by the Planning Commission. Thereafter, the Planning Commission will determine the appropriate official controls to be established by ordinance for recommendation to the City Council and will work with the City Planner to rewrite the Zoning Ordinance accordingly. The City believes that the Planning Commission will not have sufficient time to complete review of the studies and make revisions to the Zoning Ordinance or sufficient time for the City to review the recommendations of the Planning Commission before the expiration of the moratorium provided in Ordinance No. 099-430. The City is authorized under Minn. Stat. ~ 462.355, subdivision 4, to extend the Interim Ordinance for additional periods not to exceed 18 months. The City has determined that a twelve-month extension of Interim Ordinance No. 099-430 is necessary for the City to review and adopt appropriate amendments to the City's zoning ordinance concerning appropriate controls for adult use establishments. Section 2. Section 6 of Ordinance No. 099-430 is hereby amended as follows: This ordinance shall remain in effect for eighteen months from the date of its effective date or until such earlier time as said ordinance shall be revoked or otherwise amended. 81770 Section 3. This ordinance shall take effect the day after the date of its publication. ADOPTED this City of Farmington. day of , 1999, by the City Council of the CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: John Erar, City Administrator Approved as to form the day of ,1999. City Attorney Published in the Farmington Independent the day of ,1999. 81770 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 .www.ci.farmington.mn.us lid FROM: Mayor and Councilmembers City Administratorf~ David L. Olson Community Development Director TO: SUBJECT: Council Minute Clarification (9/7/99) - East Farmington 5th Addition DATE: October 18, 1999 INTRODUCTION Councilmember Soderberg raised a concern regarding the motions made approving the issuance of temporary certificates of occupancy for the lots in East Farmington 5th Addition included all but one of the lots in the plat. Councilmember Cordes, who made the original motion, has indicated that it was not her intention to omit Block 1, Lot 3. DISCUSSION Block 1, Lot 3, which is located at the corner of Walnut and Twelfth Street was not included in the original motion that addressed issuance of Temporary Certificates of Occupancy for lots in East Farmington 5th Addition that abutted public streets that are not yet constructed. Councilmember Cordes, the maker of the motion, indicated it was not her intent to exclude this lot from the motion. Since the minutes of the September 7, 1999 meeting have already been approved, it is recommended that a new motion be made to include the omitted lot. City Attorney Jamnik has reviewed and approved this action to remedy the omission of the subject lot. ACTION REOUESTED Approve a motion authorizing a Temporary Certificate of Occupancy for Block 1, Lot 3 in East Farmington Fifth Addition with a signed waiver and a surety to be calculated by the City Engineer. . ~ Io!;! oe ~~~.<i ~! ~~I~~ ~ 51 =1 Sw a~ i ~ II!WIH 15.. J ~~~~g !i Ita;li~ i ~ ..eo!!!'" h f;~n ri ~. -~ '") 5'~ . .. ~:II!!! ~ -0 .. ~z iun Bi!" '"III ; !~ 5~.~1 ;r N :II, ~~ ~ ~r;; ~!:f~ !J ; "e ~1I!.l5g ~a i II . 0 " ------------------------------- -'<:,j :.; .........lSW .........1SYJ'1t:101lllO.JIII14SY.1_, , .. .. 0 '0 l- I- ~ ~ . .', a a "'.. ". ,- '11"-"- .;) ..- ,,~ '..::':.'. ':' I z o E o o <( [t LL Z o 1--. ~ ::!i' a: <( LL tl <( w -----1 I , I , I I I I I I I I I I ..,....,....,..__.-1 ,'~ " ~- :" ""'\ () <L .' 'I 1 :.~::~.; ~'::: ,,1:,:0::;..':':;;, II ---~-I I I : I I ,i ~8 : 115 Iii ,,, , II ,~ I ~ I i I: .:...____J " .,:"..,.. .i- ..... '-.' .... ;::".- ...~ <: LI.~ . : -7~-:. .: I. ~ _.,~~:.':,~ ! ~ --~~ ~~: , , _ \:)t I . . 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R138-98 APPROVING PRELIMINARY & FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT EAST FARMINGTON STII ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Fannington, Minnesota, was held in the Council Chambers of said City on the 21st day of December, 1998 at 7:00 p.m. Members Present: Members Absent: Ristow, Cordes, Fitch, Gamer, Strachan None Member Cordes introduced and Member Gamer seconded the following: WHEREAS, the preliminary and fmal plat of East Farmington Sth Addition is now before the Council for review and approval; and, WHEREAS, a public hearing of the Planning Commission was held on the 8th day of December, 1998 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and. WHEREAS, the City Council reviewed the preliminary and fmal plat; and, WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following stipulations: 1. A grading plan that shows how the 5th Addition will tie into the existing contours will need to be submitted and approved by City staffbefore construction can commence. 2. A utility plan needs to be submitted showing the existing utilities in relation to the new lots. 3. Lot 1, Block 1 and Lot 3, Block 2 each has two sets of utility services. One service for each lot should is needs to be shown on the utility plan. Building permits cannot be issued for lots that do not access a paved street. If any 0 the comer lots are planned to access 12th, 13th, or 14th Street, street and utility plans will need to be submitted and approved for those streets before building permits can be issued. . utI 1 0 lScomp e in Blocks lthrough 3 on the plat. This resolution adopted by recorded vote of the Farmington City Council in open session on the 21st day of December, 1998. ~ax,/-J Mayor Attested to the 21st day of December, 1998. ',. ~_. /- ,~. ~I V-&e~ City Administrator I SEAL . Council Minutes (Regular) September 7, 1999 Page 6 The City Attorney stated the City can get close to eliminating the risk, but cannot eliminate the risk entirely. A babysitter, or anyone who comes to the home has not signed the waiver. If they should fall, ora car is damaged by equipment, a suit could be filed against everyone. MOTION by Strachan, second by Cordes to approve a Temporary Certificate of Occupancy for Block I Lots 1 and 2; Block 2 Lots 1,2,3; Block 3 Lots 2,3,4 with a signed waiver. Voting for: Ristow, Cordes, Strachan, Verch. Voting against: Soderberg. MOTION CARRlED. 6!3/cck1- Lc>~3 MOTION by C rdes, second by Strachan to approve a Temporary Certificate of Occupancy for lock 2 Lot 4; Block 3 Lots 1 and 5 with a signed waiver and a surety calculated by the City Engineer. Voting for: Ristow, Cordes, Strachan. Voting against: Soderberg, Verch. l\tIOTION CARRIED. 11. UNFINISHED BUSINESS a) Consider Utility Easement Agreement - Arcon Development An agreement has been prepared with Arcon Development to allow the City to initiate condemnation of the easement on land owned by Progress Land Company to allow access to the City's trunk sanitary sewer line. Arcon Development agrees to reimburse the City all costs associated with condemnation of the subject utility easement. Arcon has tried to contact Progress Land, but has received no response. MOTION by Cordes, second by Soderberg authorizing execution of the agreement between Arcon Development to allow the City to proceed with condemnation of the necessary easement on land owned by Progress Land Company. APIF, MOTION CARRIED. b) Castle Rock Township - Revised Joint Powers Agreement As a result of further discussions with the City Council and Castle Rock Township representatives, the Joint Powers Agreement was amended with the deletion of language in the declaratory section of the agreement and has been signed by Castle Rock. MOTION by Cordes, second by Soderberg to adopt the revised Joint Powers Agreement, which will authorize the initiation of work on the new project feasibility report. APIF, MOTION CARRIED. c) Request for Filing Deadline Extension - Oak Place Townhomes Final Plat City code requires the developer record a final plat with Dakota County within 75 days of approval by the City Council. Mr. Colin Garvey, developer for Oak Place Townhomes has requested a time extension for recording the plat to December 31, 1999 to allow time to resolve an easement issue. MOTION by Cordes, second by Verch to approve the time extension for recording the final plat for Oak Place Townhomes until December 31,1999. APIF, MOTION CARRIED. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /3~ TO: Mayor and Councilmembers City Administrato~ FROM: David L. Olson Community Development Director SUBJECT: 300 1 sl Street - Update DATE: October 18, 1999 INTRODUCTION The following is an update and clarification of the status of the property at the corner of Elm and First Street. This is the site of the fire-damaged duplex which was recently demolished. DISCUSSION The property in question is now owned by Dave King. Mr. King received approval from the Planning Commission on June 8, 1999 to move an existing duplex on to this site. The three additional conditions attached to this approval by the Planning Commission include the following: 1) Applicant complete the upgrade of the exterior of the moved structure within 60 days. 2) Applicant complete appropriate landscaping within 90 days. 3) Applicant remove the driveway access onto Elm Street. The conditions that deal with time frames commence once the structure is moved onto the site. Mr. King was not given a deadline by which he was required to move the new structure on to the property. The present condition of the property currently does not constitute any type of code violation. Staff will continue to stay in contact with Mr. King to stay apprised of the status of moving the new structure on to the property and will keep Council informed as well. BUDGET IMPACT None ACTION REOUESTED For information only. Respect lly p~ avid L. Olson Community Development Director cc: Dave King City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmillgton.mn.us /3/; TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Akin Road Traffic Control Concerns DATE: October 18, 1999 INTRODUCTION At the October 4, 1999 City Council meeting, the issue of installing stop signs along Akin road in the future was discussed. DISCUSSION At the meeting, the Council requested that staff contact Dakota County to inquire whether the County would perform traffic studies along Akin Road in order to determine the need for stop signs at the various intersections. Staff has contacted the County and the County has indicated that they do not have the staff available to perform traffic studies on Akin Road. The only data available at this time is from the recent study completed for the intersection of Akin Road (l90th Street) at CSAH 31. As reported to Council at the last meeting, the intersection at 190th Street does not warrant additional traffic control at this time. BUDGET IMPACT None at this time. ACTION REOUESTED For information only. Respectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file