The URL can be used to link to this page

Home My WebLink About08.02.99 Council Packet COUNCIL MEETING REGULAR August 2, 1999 Action Taken 3. COUNCIL ROUNDTABLE a) CEEF Mt. Dew Days - Police Services 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS (Open for Audience Comments) a) Everest Path Traffic Concerns 7. CONSENT AGENDA a) Approve Council Minutes (7/19/99) (Regular) b) Fire Relief Association Pension Request for 2000 c) Acknowledge Resignation - Community Development d) Acknowledge Resignation - Police Department e) ENRON Right-of-Entry Request f) Adopt Resolution - City General Records Retention Schedule g) School and Conference - Parks and Recreation h) School and Conference - Police Department i) Set Public Hearing to Consider Wine License j) Appoint City Delegate - VR WMO k) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Proposed 2000 City Budget - Distribution 11. UNFINISHED BUSINESS a) Railroad Crossing Mitigation Issues b) Castle Rock Township - Revised Joint Powers Agreement 12. NEW BUSINESS a) Adopt Ordinance - Municipal Archery Deer Hunting Ordinance 14. ADJOURN ~~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Everest Path Traffic Concerns DATE: August 2, 1999 INTRODUCTION Citizens in Nelsen Hills have petitioned the Council to review their concerns regarding speeding vehicles along Everest Path, north of 190th Street. At the July 19th City Council meeting, a citizen was in attendance and spoke regarding the issues. DISCUSSION Based on the traffic counts obtained, warrants for a stop sign are not met at any of the legs of the intersection of Everest Path and Esquire Way. The citizen in attendance at the July 19 City Council meeting continued to express concerns regarding the speed along Everest Path and the trail crossing on Esquire Way, The request was made for the City to look at putting up temporary signs on Everest Path to slow down the traffic and to install an advance warning sign for the trail on Esquire Way. Since the last Council meeting, staff has learned that Farmington is next in line to receive use of the State's speed trailer. Staff expects arrival of the trailer within the next few days, The trailer will be set up in the vicinity of the subject intersection for speed monitoring by the residents and drivers, Temporary signs on Everest Path are not recommended for slowing down traffic, The City's traffic engineer has visited the site and has indicated that striping Everest Path with a center line and 12-foot lane edge lines could result in overall slower average speeds, Striping the lanes can result in causing drivers to slow down due to the narrower lane width, In some cases, studies have shown that average speeds fall 2-3 miles per hour after striping a road in this fashion, This effect is similar to the effect neck-outs have on an intersection. The driving lane width stays the same, however there is the perception of less space in which to drive which in turn can make drivers more cautious, If the City were to consider the striping option, it must be recognized that other requests for this type of traffic control on other streets may be forthcoming. This type of striping would not be appropriate on all streets in the City, It is staffs recommendation that any future requests be evaluated separately relative to striping or City Streets with similar traffic speed concerns, In regard to the trail crossing on Esquire Way, the traffic engineer agreed that an advance warning sign for the trail located below the stop ahead warning sign would be appropriate and acceptable, Staff will order and install this sign, It is not recommended to place a stop sign at Exodus Avenue and Esquire Way. Warrants for stop signs would not be met at this intersection, In addition, the close proximity of this intersection to the intersection at Everest Path would cause other traffic problems, both in functionality and safety, BUDGET IMPACT The cost to install the advance warning sign is approximately $70 for materials plus staff time, The costs for this sign would be funded out of the operational materials and supplies part ofthe street division's budget. If Everest Path is striped, it will need to be striped from 195th Street up to Upper 183rd Street. Based on the striping bids received by the County for 1999, the construction cost to stripe Everest Path is estimated to be approximately $7,000. Funding for this specific improvement could be obtained through the Road and Bridge Fund. ACTION REQUESTED Council consideration of the striping of Everest Path, Recently, traffic speeds on Everest Path have been monitored at an average of 24 - 26 mph, with the highest speed observed by the Police Chief at 26 mph, well below the 30 mph statutory speed limit. It is difficult to determine whether or not an estimated expenditure of $7,000 is warranted to possibly reduce speeds (that have already been monitored to be below the speed limit) an additional estimated 2-3 mph. Respectfully submitted, X/11~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Citizen petitioners =- ~ To whom it may concern: ~-/~ ~~~~ 77~~ ~~~o5r~~~~ 6/17/99 This letter is being submitted on behalf of the concerned citizens residing on block 2 of The Nelson Hills Farm sub-division, fifth edition, (Everest Path). The people in our neighborhood have a growing concern for the safety and well-being of their children. The problem is people excessively speeding on Everest Path, It is our belief as a neighborhood that if some measures are not taken soon someone will end up hurt. The street itself is rather wide and has long stretches without any stop signs. It is our belief that most people end up speeding unconsciously. The fact remai1s that if people are driving in excess of 40 mph and up on residential streets people are bound to get hurt. As concerned citizens living in a newer neighborhood we feel it is our job to bring this danger to a halt. One other issue to consider is that there is a woman in this neighborhood who is permanently in a wheelchair. People such as her deserve the common 'courtesy of using the stre=ts just like anyone else. It seems some people are taking this freedom away from not only her but from our kids as well. Below is a list of people who could not come to the meeting but are concerned and are hoping some measures can be taken to stop this before someone gets hurt or even worse killed. J~+f tP- i---. J h",--, b~ r nlrS7en . .....-. //7' J/. /-~/ -?"P /(~~,. /~ ~ /ct538Ev p~ /, C? /"/'f ec/-Sa,..,C' t'$ Jc:e-V"\\E -+ ~'-'v'-\ O';);:<<:\l~.iC ) ~~?.) \ G, \i \C.,~\(;:) \- ~~ 1 /~ q.. ~cv~ ~~ /f?::;,,7' .6: e,-esf A 2 ,,~ 'f(]~ ~':!:2 18'.5 71 eLY'~ d ?A71I .~ eJrqd<ir :<:/"..,;kG 13 ~5-Jz, -!J- ~./ . J< v-""" ~ 0 .(J ~ 16J~ 8 ~ Cv-rJt.z'~T ,::;117/1 ~L /ld?( ~WA~?~ / Y 1/ 00 E {/tr-C,J ,? /4: ~~ 7Ab 6~Lct/;J &()I.J ?t/t..^5 f ~:tP 5I'w t~ V (WI /;J;r./p--- ~l&)l EUe/tsK p~ J~&?')..7 Sincerely Jeff Huber 18538 Everest Path /J"/e- 4 !Lilt- &chfv (~ /&-5 ~7 Y t:" 1/(]/i?S,L fl!~ lI/~vt~ AV\~,~ ;hc),J\O\V) &:ry 1-!3~<r6 -ryCl.J7 / <?SY..3 CV~res-f ~Or:T9~r6 ;;,...."" /!.--+4 "i./ .-~>> : '7.;) ..).:> ) <:?'.5- 3 3 ::;:::: , '"' . ....2.~;-~/ ~r/c'-er l<A:J ~ COUNCIL MINUTES REGULAR July 19, 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, Strachan, Verch Soderberg City Administrator Erar, City Attorney Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Strachan, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Association of Metropolitan Municipalities - Presentation Mr. Eugene Ranieri, AMM Executive Director, made a presentation to Council on the AMM and potential City membership in the year 2000, and answered questions from Council. Council agreed to City membership in the year 2000, b) Energy CENTS Coalition - Presentation The City received a request from the Energy Cents Coalition, an advocate for low and fixed income energy consumers, requesting Council support for state legislation that would create a universal service fund, Ms. Pam Marshall, Director for Energy Cents, addressed the Council on the agency's efforts to recruit local jurisdiction support and answered questions from Council. Council agreed to postpone action on this item until additional information is available, most likely until a review of proposed legislation can be conducted by City staff during the 2000 Legislative Session. 6. CITIZEN COMMENTS a) Everest Path Traffic Concerns Mr. Brad Beggs, 18585 Everest Path, inquired ifthere was any more information on placement of stop signs on Everest Path. Staff replied tl:e results of the traffic count will be presented at the next Council Meeting. The City will be placing stop signs on the trail at the street. Mr. Beggs felt trail stop signs was not going far enough. He would like a trail crossing for the safety of young children. Council agreed to placement of stop signs on the trail and staff will continue to monitor the situation. Council Minutes (Regular) July 19, 1999 Page 2 7. CONSENT AGENDA MOTION by Strachan, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (7/6/99) (Regular) b) Approved Transient Merchant License - Chamber of Commerce c) Adopted RESOLUTION R69-99 Approving Eagles Club Gambling Permit d) Adopted RESOLUTION R70-99 Supporting No Parking - Akin Road Parking Restrictions e) Adopted RESOLUTION R71-99 Authorizing Property Easement Settlement- Southeast Sanitary Sewer Project t) Received information - 2nd Quarter Building Permit Report g) Received information - School and Conference - Finance Department h) Received information - Dakota County HRA Rental Housing Survey i) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Adopt Resolution - Daisy Knoll Park Project Two valid bids were received, which consisted of grading the site, constructing a ball field and seeding the entire area, including seeding of the water tower area and repair of the drainage easement at the rear of the adjacent homes. Braun Turf submitted the low bid of$84,698.00. MOTION by Cordes, second by Verch to adopt RESOLUTION R72-99, awarding the contract to the low responsible bidder, Braun Turf Company. APIF, MOTION CARRIED, 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Submittal to Met Council of 2020 Comprehensive Plan Update The City has received comments at the end of the 60-day review period from Dakota County and the City of Lakeville. Staff will respond to these comments, and then submit a final draft of the 2020 Comprehensive Plan to the Metropolitan Council on or before July 30, 1999, MOTION by Cordes, second by Verch to approve the response to comments and direct staff to submit the responses to each respective governmental unit, Adopted RESOLUTION R73-99 authorizing the submittal of the Farmington 2020 Comprehensive Plan Update including comments received from surrounding jurisdictions and staff responses to the Metropolitan Council. APIF, MOTION CARRIED, b) Executive Summary - Empire Township Comprehensive Plan Update The Empire Township Comprehensive Plan was received by the City of Farmington on June 30, 1999. During the period between 2000 and 2020, Empire Township is forecasted to increase in population by 2,588 persons, increase in households by 1,026 and provide for an additional 110 jobs, The Metropolitan Council forecasts a population increase of 100 people and a household increase of 100 between the period of 2000 and 2020. Empire Township has a variety of land use designations, the main ones being agricultural, residential, commercial and public/institutional. Most of the township proposes to stay in long-term agriculture. However, approximately 340 acres of agricuituralland will be lost to Council Minutes (Regular) July 19, 1999 Page 3 rural residential. The rural residential area is proposed to accommodate the forecasted growth anticipated by the township to the year 2020 and will be contiguous to their existing sewered area. An information meeting will be scheduled with the Joint Planning Board and appropriate Metropolitan Council staff to discuss the proposed plan. c) Initiate Utility Easement Vacation - Industrial Park The HRA Board authorized the sale of the lot adjacent to Performance Industrial Coatings to facilitate an expansion of their existing facility [0 the north. The proposed expansion will necessitate the vacation of the utility easements along the side lot lines of both lots. MOTION by Strachan, second by Verch to schedule a public hearing for August 16, 1999 to consider the vacation of existing utility easements. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Facilities Task Force - Appointments At the June 7, 1999 meeting, Council authorized staff to pursue the creation of a Facilities Task Force. City Commission Representatives are Michael Matheson, Dirk Rotty, and Paul Gerten. School District Representatives are Bob Heman and Kelly Kimmerling. MOTION by Strachan, second by Verch to appoint Yvonne Flaherty, James Gunderson, Sue Miller, Randy Oswald, and Wally Sapp as Citizens-at-Iarge/Business Representatives. APIF, MOTION CARRIED. MOTION by Strachan, second by Verch to appoint Councilmember Cordes as a Council Representative. Voting for Ristow, Strachan, Verch. Abstain Cordes. MOTION CARRIED. b) Request to Revise 2020 Comprehensive Plan Update - Wenzel Property The City has received a request from Mr. Gary Fuchs, Attc,mey at Law on behalf ofMr. and Mrs. Larry and Doneene Wenzel to re-designate three acres of their property to business on the 2020 Land Use Plan. City staff recommended that the 2020 Comprehensive Plan Update remain unchanged due to the policy of maintaining the downtown commercial area that was part of the visioning session in July of 1998. Mr. Wenzel and the developer (Rottlund Homes) argued that the small amount of business that they proposed would not detract from the downtown business area because of its small acreage. It was determined by the Planning Commission and City staff that the re-designation of the Wenzel property could be pursued through the Planned Unit Development process rather than an amendment to the comprehensive plan, The PUD process permits any combination of the following uses: single-family, two-family, quad homes, town or row houses and apartments. The PUD also permits commercial facilities that are designed and intended to serve the residents of the planned unit development. No commercial use would be constructed until 50% ofthe total dwelling units contained on the entire site is completed. MOTION by Cordes, second by Strachan to consider the utilization of the Planned Unit Development process on the Wenzel property to allow three acres of commercial development with a B-4 type zoning designation consistent with stated goals of keeping downtown as a central business district. APIF, MOTION CARRIED. 12. NEW BUSINESS Council Minutes (Regular) July 19, 1999 Page 4 13. COUNCIL ROUNDTABLE a) Schedule Joint Cities - School District Meeting (carry-over) Council had requested scheduling a joint city meeting with the Lakeville City Council and School District Board to discuss a variety of issues associated with city growth and the affect this growth is having on the school district and mutual jurisdictions. Dates of October 19 or 20, 1999 were selected, b) East Farmington Traffic Concerns Staff has received a request for extra patrol along with speed and stop sign enforcement in the area of 12th and Walnut Street, c) Fairview Lane and Heritage Way Stop Sign Request Council directed staff to study the intersection at Fairview Lane and Heritage Way to determine if there is a need for a stop sign at any ofthe legs of the intersection, Based on traffic counts obtained, warrants for a stop sign are not met. d) Confirmation of Legislative Meeting Date Council directed that a meeting be scheduled with the city's legislative representatives to discuss a variety of local government concerns. A meeting date of October 6, 1999 was selected. Councilmember Cordes: The park at Evergreen Knoll looks great. Councilmember Verch: When will playground equipment be placed at Dakota Estates park? Staff replied equipment has been ordered. Marilyn, with the Chamber of Commerce informed Councilmember Verch that CEEF received a bill from the Police Department for Mt. Dew Days. She could not recall if they had been billed in the past. Staff will review the situation. City Administrator Erar: Staff is continuing to work on Cable TV broadcasting. A meeting will be held with Apple Valley and Rosemount on July 23, 1999 to prepare a Joint Powers Agreement. A meeting will be scheduled with the three City Administrators and three Mayors to review the agreement. Administrator Erar also reviewed the agenda for the Castle Rock/Farmington meeting to be held July 20, 1999, 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:25 p.m, APIF, MOTION CARRIED. Respectfully submitted, .,~7'-,d~ }?'/~ :;;.../ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 76 TO: Mayor, Councilmembers and City Administrat~~ FROM: Robin Roland, Finance Director SUBJECT: Fire Relief Association Pension Request for 1999 DATE: August 2, 1999 INTRODUCTION The Farmington Fire Department Cataract Relief Association has submitted its request for the 2000 pension benefit and municipal funding for that organization. DISCUSSION The Board of Directors met on July 28, 1999 and approved a request to the City of Farmington to increase the annual benefit from the current $2,000 to $2,300, effective January 1, 2000. The City's contribution to the Fire Relief Association in 1999 is proposed at $50,000. Due to the continued strong showing by the investments in the Relief Association's portfolio and the City's contributions, the pension amount requested for 2000 is fully funded in 1999. Increasing the pension benefit by $300 per year helps bring the association more in line with surrounding communities. Northfield's firefighter pension benefit is currently at $5,500 per year of service and Rosemount is at $ 2,600 per year of service. BUDGET IMPACT .The City's proposed 2000 Budget includes a $50,000 Fire Levy. ACTION REQUIRED Approve the amendment to the Fire Relief Association by-laws increasing the annual pension benefit to $2,300 effective January 1, 2000. ZAJ Robin Roland Finance Director Date: July 29, 1999 To: Mayor & City Council From: Farmington Fire Department Cataract Relief Association Subject: Association Pension Request for 2000 The Board of Directors ofthe Farmington Fire Department Cataract Relief Association have been meeting recently to discuss the 2000 pension and also the future goals of the association, On July 28, 1999 the Farmington Fire Department Cataract Relief Association passed a motion to request a pension increase from $ 2,000,00 to $ 2,300.00 per year of service effective January 1,2000, the city's contribution request is $ 50,000,00. Thank you. Respectfully submitted, ~~.~ Thomas E. Hemish Secretary c,c, John Erar, City Administrator Robin Roland, City Finance Director Cataract Board of Directors File City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us k TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Acknowledge Resignation - Community Development Department DATE: August 2, 1999 INTRODUCTION The City has received notification from Mr. Richard Deeg of his intentions to resign his position as Building Inspector/Fire Marshal with the Community Development Department, Building Inspections and Permitting Division. DISCUSSION It is the City's understanding that Mr. Deeg has accepted a position with a larger community in the metropolitan area as a full-time Building Inspector. During Mr. Deeg's tenure with the City as a building inspector/fire marshal, he performed the responsibilities of his position with diligence, competence and professionalism. ACTION REOUESTED Acknowledge the resignation of Mr. Deeg effective Wednesday, July 28, 1999. Respec~mitted, !4Ew City Administrator file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7" TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Acknowledge Resignation - Police Department DATE: August 2, 1999 INTRODUCTION The City has received notification from Ms. Nicole Sack of her intentions to resign her position as a Police Officer with the Farmington Police Department, Patrol Division, DISCUSSION It is the City's understanding that Ms. Sack has decided to pursue other employment opportunities in the private sector. ACTION REOUESTED Acknowledge the resignation of Ms. Sack effective Monday, August 2, 1999. 000 F. Erar City Administrator file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /Ie TO: Mayor, Councilmembers, City Administrator~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: ENRON Right-of-Entry Request DATE: August 2, 1999 INTRODUCTION ENRON has requested that the City grant a Right-of-Entry on the future well site at CSAH 31 and 190th Street for staging purposes for work they need to perform on the existing TBS site, DISCUSSION The City has previously granted an easement on the well site to ENRON for the existing TBS site, The new work that ENRON will be doing at the site requires additional space for equipment and materials, Attached is a Right-of-Entry Agreement that would allow ENRON to temporarily access the well site beyond the current easement. ENRON would be responsible for completely restoring any disturbed areas to their former condition, The Water Board has reviewed ENRON's request and on their part, approved the right-of entry to the well site. The City Council as the actual owner of the land, also needs to approve the right-of-entry, BUDGET IMPACT None, ACTION REOUESTED Approve by motion the attached Right-of-Entry Agreement allowing ENRON to temporarily utilize the future well site at CSAH 31 and 190th Street for a project staging area, i' I Respectfully submitted, ';& m~ Lee M. Mann, P .E, Director of Public Works/City Engineer cc: file City of Farmington 325. Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?-f TO: Mayor, Councilmembers, City Administrato~ Karen Finstuen, Administrative Services Manager FROM: SUBJECT: Adopt Resolution - City General Records Retention Schedule DATE: August 2, 1999 INTRODUCTION Staff is requesting the adoption of a general records retention schedule which will enable documents to be stored in a consistent manner for all departments. DISCUSSION General storage of records has typically been in City Hall. As the City continues to grow, areas for storage have become increasingly difficult to find. In the past three years, older records have been stored in a building on Pine Street. Upon acquisition of the Frontier Building, staff installed existing shelving in preparation for the storage of records at that building. Files are currently being transferred to this new location. Within the month of August, staff is proposing to catalog the files being placed in storage and this would be an appropriate time to discard those that are no longer needed or required by State Law. The City Attorney has reviewed this request and approved the proposed action. BUDGET IMP ACT There will be no impact of the budget. ACTION REOUESTED Adopt the attached resolution adopting a City General Records Retention Schedule, Respectfully submitted, ~j~ Karen Finstuen Administrative Services Manager RESOLUTION NO. R -99 ADOPTING CITY GENERAL RECORDS RETENTION SCHEDULE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of August 1999 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the purpose of a records retention schedule is to provide a plan for managing governmental records by giving continuing authority to dispose of records under MS 138.17; and, WHEREAS, destruction of records according to the general schedule is not permitted until Notification of Adoption of City General Records Retention Schedule is signed by the Minnesota Historical Society; and, WHEREAS, cities are advised to adopt the entire schedule, NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby adopts the Minnesota City General Records Retention Schedule. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 2nd day of August 1999. Mayor Attested to the day of 1999. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us & Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director TO: FROM: SUBJECT: School/Conference Request - MN. Ice Arena Managers Conference DATE: August 2, 1999 INTRODUCTION Attendance at the Minnesota Ice Arena Managers Conference held September 8-10, 1999 at Ruttger's in Deerwood is being planned, DISCUSSION This conference is an annual event for Ice Arena Managers and staff, Sessions are scheduled for both ice arena management and maintenance activities, Ice Arena management staff will be attending these sessions, BUDGET IMPACT The adopted 1999 Ice Arena budget includes funding for this conference, ACTION REQUIRED For information only. Respectfully submitted, ~~ 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 ?,.{ FROM: Mayor, Councilmembers and City Administrato~ Daniel M. Siebenaler Chief of Police TO: SUBJECT: School and conference requests DATE: August 2, 1999 INTRODUCTION I DISCUSSION The Police Department has appointed a new member to serve on the Dakota County Mutual Aid Assistance Group (MAAG). This is the mutual aid tactical response unit for a group of Dakota County cities, Officer Jim Murphy has started his monthly in-service training with the organization and is now prepared for the 40 hour Basic SWAT School offered on an irregular basis every few years. The school is an important element in the training of a tactical officer. This school is scheduled for the week of August 30 through September 3 at various sites in the Eagan area. The Police Department will be sending two officers to the Minnesota Sex Crimes Investigators Fall Conference October 6-8 in Nisswa, MN. This training will include such topics as Evidence Processing, Abduction, Forensics and Sexual Assault Protocol. BUDGET IMPACT The cost of registration for the SWAT training is $250,00 and is funded in the 1999 budget. The total lodging and registration for the Sex Crimes Investigators Conference is $471.70 and is also included in the 1999 budget. ACTION REQUESTED Information only. Respectfully submitted, Daniel M, Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ctfarmington.mn.us ~' TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Set Public Hearing to Consider Wine License DATE: August 2, 1999 INTRODUCTIONIDISCUSSION Bar-Kam, Inc., dba B & B Pizza, located at 216 Elm Street is requesting a first-time, On- Sale Wine License and On-Sale 3.2 Beer License, A Wine License requires a public hearing. BUDGET IMP ACT Yearly fees for a Wine License are $200 and an On-Sale 3.2 Beer License is $125. ACTION REOUESTED Set a public hearing for 7:00 P.M., August 16, 1999 to review an application from B & B Pizza for an On-Sale Wine License. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrato~ LeeM. Mann, P.E" Director of Public Works/City Engineer FROM: SUBJECT: Appoint City Delegate - VRWMO DATE: August 2, 1999 INTRODUCTION /DISCUSSION The City needs to appoint a delegate to select new commissioners for the Vermillion River Watershed Management Organization (VRWMO) as detailed in the attached letter. As the VRWMO is concerned with the regional issues regarding stormwater runoff as it relates to the Vermillion River, the Director of Public Works/City Engineer would be an appropriate delegate for the City, BUDGET IMPACT None, ACTION REOUESTED Appoint the Director of Public Works/City Engineer to act as the City's delegate for selection of new commissioners for the VR WMO, by motion. Respectfully submitted, ~YJt~ Lee M, Mann, P,E, Director of Public Works/City Engineer cc: file ~' J \. CAMPBELL KNUTSON Professional Association Attorneys at Law * * * JoelJ.Jamnik Andrea McDowell Poehler Matthew K. Brokl * John F. Kelly Matthew J. Foli Margl1erire M. McCarron 1< Also licens~ in 'Wisconsin Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace (651) 452~5000 Fax (651) 452~5550 Author's Direct Dial: (651) 234-6222 May 4, 1999 VERMILLION RIVER W.M.O. GROUP AAA :MEMBER CITIES CITY OF LAKEVILLE Charlene Friedges, Clerk Lakeville City Hall 20195 Holyoke Avenue West Lakeville, Minnesota 55044 CITY OF FARMINGroN John Erar, Administrator Farmington City Hall 325 Oak Street Farmington, Minnesota 55024 CITY OF ROSEMOUNT Susan Walsh, Clerk Rosemount City Hall 2875 - 145th Street West Rosemount, Minnesota 55068 CITY OF BURNSVILLE Susan Olesen, Clerk Burnsville City Hall 100 Civic Center Parkway Burnsville, Minnesota 55337-3817 CITY OF APPLE V ALLEY Mary Mueller, Clerk Apple Valley City Hall 12400 Cedar Avenue Apple Valley, Minnesota 55124 CITY OF HASTINGS Joyce Pruitt, Clerk- Treas. Hastings City Hall 100 Sibley Street Hastings, Minnesota 55033-1224 RE: Vacancies on the Board of Commissioners of the Vermillion River Watershed Management Commission (Term Expirations of Commissioners Bud Osmundson & Dennis Miranowski) Ladies and Gentleman: This office is legal counsel for the Vermillion River Watershed Management Organization ("WMO"). The terms of Commissioners Bud Osmundson and Dennis Miranowski expired on December 31, 1998. They will continue as members, however, until they are reappointed or replaced. Both Commissioner Osmundson and Commissioner Miranowski have requested reappointment. Rules of the State Board of Water and Soil Resources ("B.W.S.R.") require that the B.W.S.R. be notified of the vacancy and that notice also be published in a local newspaper. I Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 ~ Vermillion River WMO Group AAA Member Cities May 4, 1999 Page 2 have notified the B.W.S.R. of the vacancy and have also published the enclosed legal notice in the Dakota County Tribune and the Jordan Independent. Paragraph 6, Subd. 1 of the Joint Powers Agreement explains how the member cities make an appointment: . each City Council must select a delegate to select the new commissioner; . the delegates so selected are required to meet upon lO-days advance notice given by the Lakeville City Clerk; . the delegates by majority vote select a new commissioner. We request that each member City appoint a delegate to select the two commissioners and that the Lakeville City Clerk make contact with the other cities to arrange a time and place for the delegates to meet and vote on the appointments. You should not act however until mid June to allow interested persons to respond to the notice of vacancies that is being published in the official newspapers of the WMO. If you have any questions, please call. Very truly yours, CAMPBELL KNUTSON Professional Association "/~ /'/ /--/-~) ~ ~ ")~ . , . >//. ,I: / .....<--.. ./~~/ , ., BY.;.---/t(..2~!,..../ ____ r / (://'0 '----- "'Susan R. Nelson, LegaJ A'ssistant \ to ~ Roger N. Knutson . Vermillion River WMO Attorneys SRN:ms Enclosure cc: Vermillion WMO Board Members PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the terms of five (5) commissioners of the Vermillion River Water Management Commission Board of Commissioners expired on December 31, 1998. The commissioners are a joint appointment of the following communities: GROUP A (2 Expired Terms) GROUP AA (1 Expired Term) GROUP AAA (2 Expired Terms) Empire Township Marshan Township Eureka Township Castle Rock Township Douglas Township Nininger Township New Market Township Ravenna Township Vermillion Township Hampton Township City of Coates City of Elko City of Hampton City of Vermillion City of New Market City of Lakeville City of Rosemount City of Apple Valley City of Farmington City of Burnsville City of Hastings Anyone interested in being considered for appointment as a commissioner, should contact the City or Township Clerk of any community making an appointment by Monday, June 7, 1999. Dated: -11- _30 , 1999. VERMILLION RIVER WATER MANAGEMENT COMMISSION rJk 32224 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us I()IL TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Proposed 2000 City Budget - Distribution DATE: August 2, 1999 INTRODUCTION Per City Code requirements, the City Administrator is required to submit an annual budget identifying proposed revenues and expenditures, and planned operations and activities for the next fiscal year. DISCUSSION In keeping with Council policy direction, the key factors that guided the preparation of the proposed budget were: 1. a commitment to maintain the 2000 local tax capacity rate at the same level as in 1999, while continuing to provide the highest possible levels of service 2. a fiscal goal that works toward establishing the General Fund balance designated for working capital at no less than 25% of planned 2000 General Fund expenditure 3. a commitment to maintain the 2000 debt service levy at no more than 25% of the total city levy 4. 'acomprehensive review of the condition of capital equipment to ensure the most cost- effective and consistent replacement schedule is followed 5. a team approach that encourages strategic planning to meet immediate and long-term operational, infrastructure and facility needs 6. a management philosophy that actively supports the implementation of Council policies and goals and recognizes the need to be responsive to changing community conditions/concerns. Proposed 2000 Budget highlights include: ~ A planned reduction in the City's local tax capacity rate from 33.06 percent in 1999 to 32 percent in 2000, marking the third consecutive year in which the City's tax rate has been reduced. This reduction represents a full 1.06 percentage point reduction in the tax capacity rate and an effective 3.2 percent reduction from the prior year, Mayor and Councilmembers 2000 Proposed Annual Budget August 2, 1999 Page 2 of3 );> The designation of approximately $19,339 to general fund balance reserves will increase the existing fund balance ratio of 19,38 percent to approximately 22.35 percent of planned fiscal year 2000 expenditures (see Special Budget Note). The City's ultimate goal of maintaining a 25 percent fund balance continues to be pursued and balanced against other Council Budget priorities. );> A planned reduction in residential sewer rates from $28.00 per quarter to $26.50 per quarter, This will mark the second consecutive year in which City sewer rates have been reduced, with operational management savings passed on to City customers, );> The proposed purchase of a new Fire Department Pumper Truck that will replace the existing 30-year old model. This new pumper will assist the Fire Department in providing fire services to approximately 88 square miles of property in the City, and three contiguous townships. Fire service contracts will need to be evaluated to ensure an equitable funding formula for this City provided contract service. );> The proposed purchase of two (2) new heavy-duty plow trucks in the Public Works Department to facilitate snow removal services and other related street maintenance activities, These capital items were approved for order by Council in February, 1999 in order to take advantage of significant cost savings for year 2000 plow truck models, );> The planned purchase of a Sewer Jetter to facilitate the cleaning and maintenance of the City's extensive and expanding sanitary sewer infrastructure. This specialized piece of equipment will allow the City to properly maintain the City's sanitary sewer system in a cost- effective and efficient manner. SPECIAL BUDGET NOTE At the recent Council Goal-Setting Workshop, Council authorized staff to pursue the transfer of the City library facility ownership to Dakota County, While significant progress has been made with County staff, the Proposed 2000 Budget continues to include funding for the IDEA School and Library Facility maintenance activities. While it is anticipated that the transfer of the library facility and IDEA school activities will be completed this year, the proposed 2000 Budget will continue to reflect these operational considerations until final action is taken by the County Board and City Council approving the facility transfer. Conservatively viewed, the proposed 2000 Budget can then be reduced to reflect these operational changes, which will also result in an additional net $27,000 designation to General Fund balance reserves, LEGISLATIVE CHANGES One particular issue that again has created a significant challenge to City finances has been legislative changes in the property tax classification system. For the third consecutive year, the legislature reduced property class rates, the percentages applied to taxable market value, which in turn has reduced tax capacity values. As the total tax capacity value "pie" continues to grow Mayor and Councilmembers 2000 Proposed Annual Budget August 2, 1999 Page 3 of3 smaller, the City realizes less property tax revenue on the resulting tax base. In effect, the City, over the last three years, has lost a combined total tax capacity value ~f approximately $1.4 million. This has significant implications in the budgeting process as the City works to provide expanding services to a growing population with a tax base that continues to shrink financially in value. If, for example, a city's growth did not increase, the valuation of the community's existing tax base would actually lose value. This tax value decline would then compel the city to increase the tax rate percentage to generate the same amount of tax revenue it generated the year before. The budgetary implications of this legislated property tax situation could over time become financially devastating as cities face complex decisions of whether to reduce or eliminate services, raise existing rates and fees, begin charging new fees and charges on previously "free" services or go deeper into debt. Another significant concern is the fact that the City is again working with estimated "best shot" tax capacity value effects from the County, and not exact figures. Dakota County is working in earnest to provide the City with a more reliable tax capacity impact analysis, In response, City staff has taken a very conservative approach in developing the budget document, and even with this significant legislative change was able to reduce its local tax capacity rate. More in-depth information and highlights are contained within the Proposed 2000 Budget document that will be formally presented to Council at the August 2, 1999 Council meeting. In order to provide Council with an opportunity to more fully review the proposed document, a Council budget workshop is proposed to be held on Wednesday, August 18, 1999 at 7:00 p,m. ACTION REQUESTED Accept the Proposed 2000 Budget document that will be formally presented to Council at the August 2, 1999 Council meeting. Approve the scheduling of a Council workshop to review the proposed 2000 Budget Wednesday, August 18, 1999 at 7:00 p.m. in the Council Chambers. If Council members have questions on the budget prior to the workshop date, please contact me. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us II~ TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Railroad Crossing Mitigation Issues DATE: August 2, 1999 INTRODUCTION At the June 21, 1999, City Council meeting the Federal Railroad Administration CFRA) gave a presentation regarding train whistles and related issues. One mitigation measure that was discussed was the construction of barrier medians at railroad crossings that could lead to the establishment of a "quiet zone", Barrier medians discourage vehicles from being able to drive around the gates at a railroad crossing. If vehicles are restricted from going around the gates at a particular crossing, the FRA indicated that the Railroad might be willing to lessen or eliminate the train whistle blowing for such a crossing. For example, at the Elm Street crossing, there is currently a painted left turn lane "median" on either side of the crossing, A barrier median would consist of curb and gutter in the middle of the road basically following the alignment of the painted "median" that is there now, When vehicles come up to the crossing and the gates are down, the vehicle would need to maneuver over the curb to get around the gate, effectively making it more difficult to cross the tracks while gate arms are engaged. DISCUSSION Staff has researched the issue of installing medians at the three downtown railroad crossings, Assuming that the Railroad agrees or future legislation dictates that the installation of this type of median is cause to lessen or eliminate the need for whistle blowing, medians would need to be installed at all three crossings, Ash Street, Spruce Street and Elm Street to affect whistle blowing. Ash Street and Elm Street are County roads and the installation of this type of median on these roads would need to be approved by Dakota County. It would be recommended that legislation or an agreement between the City and the Railroad be in place indicating that the whistles would not need to be blown on account of the presence of the medians, before this type of improvement is installed, BUDGET IMPACT It is estimated that the construction cost to install barrier medians at the railroad crossings is approximately $30,000 per crossing, if the projects are stand alone. It would be anticipated that the installation of the medians would be less expensive if they were part of a street reconstruction project. Elm Street should be scheduled in the year 2001 and there is a possibility that Ash Street may be scheduled as early as 2001-2002. ACTION REQUESTED F or Council information and discussion. It should be emphasized that this plan and resulting projects are dependent on other agencies and private parties, Dakota County would have to be agreeable to the City's request to install the barriers on County roads and the FRA and Railroad must be willing to support the City's plans relative to the establishment of a "quiet zone". In this regard, the railroad would have to modify its operating procedures to eliminate whistle blowing requirements at City intersections with installed barrier medians. Respectfully submitted, ~)/}1~ Lee M, Mann, P ,E, Director of Public Works/City Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: John. F. Erar, City Administrator SUBJECT: Supplemental Agenda DATE: August 2, 1999 It is requested that the August 2, 1999 agenda be amended as follows: UNFINISHED BUSINESS Supplemental 11 b) Castle Rock Township - Revised Joint Powers Agreement Council is requested to adopt the attached Joint Powers Agreement. This agreement supersedes the document contained in the Council packets. Upon adoption, this agreement will be transmitted to Castle Rock Township. John F. Erar City Administrator JOINT POWERS AGREEMENT FOR THE PREPARATION OF A PRELIMINARY ENGINEERING FEASIBILITY REPORT, AND POSSIBLE CONSTRUCTION AND FINANCING OF IMPROVEMENTS TO ASH STREET/PHASE III OF PRAIRIE WATER WAY AND SURROUNDING AREAS IN THE SOUTHEAST AREA OF THE CITY OF FARMINGTON AND PORTIONS OF CASTLE ROCK TOWNSHIP BETWEEN THE CITY OF FARMINGTON AND THE TOWN OF CASTLE ROCK THIS IS A JOINT POWERS AGREEMENT entered into under Minnesota Statutes ~ 471.59, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("Farmington") and the Town of Castle Rock ("Castle Rock") for the purpose of planning, constructing, and financing improvements to Ash Street and surrounding areas within the City and Town, including street, sanitary and storm sewers, and related improvements. RECITALS WHEREAS, Farmington is a statutory city of the State of Minnesota and can exercise all of the powers of a statutory city; and WHEREAS, Castle Rock is a town of the State of Minnesota and can exercise all of the powers of a town, and; WHEREAS, Farmington and Castle Rock have been actively involved in the study and review of certain potential public improvement projects including reconstructing Ash Street, the construction of Phase III of the Prairie Waterway, correcting or improving storm water management in the project area, providing sanitary sewer and water service to property owners within the benefiting area, and other related improvements; and WHEREAS, the public improvement projects involve areas within both jurisdictions to varying degrees and the construction of the necessary and beneficial public improvements may be best accomplished through the cooperation of Farmington and Castle Rock by studying, financing, constructing, operating, and maintaining the public improvement projects; and WHEREAS, Castle Rock and Farmington are entering into this joint powers agreement to study and provide a feasibility report addressing the financing, construction, operation, and maintenance of these public improvements in order to: (1) reduce, to the greatest practical extent, the public capital expenditures necessary for the identified improvements, (2) abate pollution, (3) control excessive rates and volume of runoff; (4) improve water quality; (5) prevent flooding and erosion from surface flows; (6) provide a reliable and safe source of drinking water; (7) enhance the public transportation and road system serving the area; and (8) secure all other benefits associated with the identified potential public improvements; and WHEREAS, Castle Rock Township and the City of Fl1rmington agree to jointly share in the costs of preparing a new feasibility report with each jurisdiction agreeing to underwrite an equal its share of the cost of preparing, reviewing and developing a new project feasibility report, and WHEREAS. the Township agrees to maintain the rural and agricultural land use characteristics of properties outside the project area for a period of twenty years. and furthermore agrees to maintain its comprehensive plan and zoning classifications in support of such land use planning. and WHEREAS. the parties intend to enter into an orderly annexation agreement as part of the construction of the project that would include provisions for the orderly annexation to the City of all parcels served by City services within the project area (including tax base sharing consistent with the standard six year phase- in provided by state statutes). the preservation and retention of rural properties outside the project area within the Township. the restriction of unilateral or contested case annexations of rural property within the Township outside the project area by the City for a period of 20 years (other than fm' property owner or state-agency initiated annexations). and other terms mutually agreed to by the parties. AGREEMENTS OF THE PARTIES NOW, THEREFORE, in consideration of the mutual promises contained herein, Castle Rock and Farmington agree as follows: Section 1. Project Description. The Project to be studied includes the reconstruction of Ash Street and the construction of Phase III of the Prairie Waterway by the parties in cooperation with Dakota County, sanitary sewer improvements to properties in the immediate vicinity of Ash Street both within and outside the City as necessary, storm water improvements in the drainage area within the hydrogeologic boundaries of the area, the provision of publicly supplied drinking water to properties within the area, and other necessary or related improvements identified as part of the preparation of the feasibility report. Section 2. Feasibility Report. Castle Rock and Farmington shall cause to be prepared by their respective professional engineers registered in the State of Minnesota a feasibility report for the Project. The parties may approve, reject, or require amendments or modifications to the report as appropriate. Section 3. Response to Feasibility Report. After preparation of the Report, Castle Rock and Farmington hereby agree to hold such public hearings or meetings either jointly or separately to discuss the construction and financing of the improvements identified in the report, and jointly may order the preparation of Plans and Specifications or other documents prior to jointly ordering any improvements identified in the report. The execution of this agreement between the two parties does not commit either party at this time to the stated improvements. Section 4. Delegation of Authority and Further Assurances. Castle Rock and Farmington hereby delegate to their respective engineers all of the powers and authority available to the parties under this Joint Powers Agreement which are necessary for the engineers to carry out their obligations under this Agreement. The parties agree that they will in good faith execute the documents or take other actions as may reasonably be necessary for each party to carry out their respective obligations to cooperatively prepare the Feasibility Report. Section 5. Feasibility Report Cost Allocation. Both parties agree to coordinate preparation of the Feasibility Report through each jurisdiction's engineering representatives. Both parties agree to share equally in the cost of preparing an updated Feasibility Report to the most practical extent possible with each jurisdiction responsible for paying its own engineering costs. and with the Township contributing an additional $2.500 over and above its own respective costs to the City. in preparing the updated feasibility report. It is the imem of this cost allocation approach to equitably distribute the costs of preparing the report bet'lleen both jurisdictions. Upon completion and acceptance of the updated Feasibility Report by both jurisdictions, a total cost accounting shall be performed and shall be presented to each jurisdiction for review and final payment. Each party agrees to pay 50%~ of the cost 0f preparing the updated f~asibility study, howeyer, if If the project is ordered, the cost of the feasibility report preparation will be allocated according to project construction allocations. Section 6. Right to Terminate. Either party may, at its sole discretion, elect to terminate this Agreement by providing written notice of termination to the other party. If a party terminates this Agreement as provided in this paragraph, the terminating party shall be obligated to reimburse the non-terminating party for any costs or liability it may have incurred pursuant to this Agreement up to the date of the termination notice. Failure to order the project does not subject either party to reimburse any loss to the other party Section 7. Entire Agreement. This Agreement constitutes the entire agreement among the parties and supersedes all prior written and oral understandings. Section 8. Amendments. Any amendment to this Agreement or waiver or modifications of its provisions must be in writing and signed by both parties. Section 9. Effective Date. This Agreement is effective when it has been executed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the date( s) shown. CITY OF FARMINGTON TOWN OF CASTLE ROCK BY: BY: Its Its ATTEST: ATTEST: Its Its Date: Date: 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 Council Members FROM: John F. Erar, City Administrator SUBJECT: Castle Rock Township - Revised Joint Powers Agreement DATE: August 2, 1999 INTRODUCTION The City Council and Castle Rock Township Board held a joint meeting on July 20, 1999 to address a number of remaining issues raised by the township relative to their adoption of the Joint Powers Agreement authorizing a new project feasibility study, The Council had previously adopted the original joint powers agreement, as recommended by the project sub-committee group, on April 5, 1999. Due to additional issues raised by Township Board members, the Board chose not to adopt the original joint powers agreement until such time as these issues could be resolved. DISCUSSION The issues below were discussed at length by the Council and the Township on July 20, 1999, The outcomes to each of these concerns were agreed upon by the City and Township at the July 20, 1999 joint meeting and are summarized below. 1) Township issue of a "20 year commitment of no forcible annexation". Council has previously indicated that this issue is premature given the context of current discussions. Moreover, Council has suggested no interest in forcibly annexing township properties. Similarly, Council has indicated that the substantive nature ofthese discussions could be raised at the next stage of project discussions. Outcome: The Council and Township agreed to the following: The Council agreed to no forcible annexation, defined as any City initiated annexation proceedings, for a period not to exceed 20 years for any properties outside the project area on the condition that the Township maintains its 2020 Comprehensive Plan land use designations for those properties as rural-agricultural. The Township agreed that it would not oppose any petitions for City annexation initiated by property owners either inside or outside the project area. Further, it. was understood that any properties within the project area in which water and sewer services were made available would have no more than 2 years to connect to City services, Mayor and Council Members Cc:.stle Rock Township - Revised Joint Powers Agreement Page 2 of3 2) Township issue of "a fair and equitable tax policy on voluntary or "hook-up" annexations. Council has taken the position of supporting State guidelines relative to declining tax payments to the township. Outcome: The Township Board agreed that current state law would guide both jurisdictions in the payment of taxes to the township once annexation of property occurred. 3) Township issue of "maximum assessments and/or hook-up charges that Farmington agrees will not be exceeded under any circumstances." This point has been raised by the township in the past to suggest a ceiling for township property assessments regardless of actual project costs. In response, staff has indicated that feasibility study costs are estimates, and that the City could not guarantee or limit assessments based on feasibility estimates. Moreover, should the City take the position of "maximum assessments" as advocated by the Township, and actual project assessments exceed the "maximum", then the City would effectively have to subsidize township charges with City taxpayer dollars. Outcome: It was explained that the cost of constructing water and sewer infrastructure, namely defined as lateral benefit, would be charged to the connecting properties, Trunk credits, associated with the oversizing of the lines (in excess of an 8" line), to the affected properties would be provided in accordance with City policies, As the improvement project would affect non-municipal properties, the City could not assess properties, but rather would charge connection fees based on actual costs to the City to construct and install said utility improvements. Property owners, at the time of service connection, would be annexed into the City, and would have the option of either paying the connection fees up-front or spreading the cost, including interest, over a defined period of time. 4) The issue associated with jurisdictional cost-sharing for the feasibility study in the event that the project does not go forward has again been raised by the township. Castle Rock Township's most recent proposal suggests committing $2,500 to the City for feasibility study costs over and above their lower portion of feasibility study costs in the event the Township does not approve the project is unclear. As Council may recall, the joint powers agreement approved by Council on April 5, 1999 indicatet~ that both jurisdictions will equally share costs unless the project is ordered, If the project is ordered, then the costs of the feasibility study would be allocated according to project construction costs. The latest proposal by the Township suggests that the City would have higher feasibility study costs, effectively negating the 50/50 cost share concept, and that should the Township decide not to approve the project, they would offer $2,500. This significantly alters the City's previous understanding of an equal cost-sharing arrangement in the absence of moving the project forward. It has been the City's understanding that should the project not be ordered, that both jurisdictions, regardless of which jurisdiction took the project disapproval action, would equally share in the costs of preparing a new feasibility study. Mayor and Council Members Castle Rock Township - Revised Joint Powers Agreement Page 3 of3 Outcome: The City agreed to the Township's proposal, that in the event the project is not ordered, each jurisdiction would pay their respective portion of engineering fees associated with the new feasibility study, In addition, in consideration of the fact that the City's scope of engineering work, and resulting costs, associated with the feasibility study would be greater than that incurred by the township, the Township Board agreed to contribute $2,500 to the City for its additional engineering costs, In effect, the City Council agreed to pay a higher percentage of the costs associated with the new feasibility study, However, should the project be ordered, that the cost of the feasibility study would be allocated according to corresponding project construction allocations between the two jurisdictions. ACTION REOUESTED Attached, please find a revised copy of the Joint Powers Agreement that has been amended by the City Attorney to reflect new understanding of points #1 and #4 with Castle Rock Township. Points #2 and #3 have been agreed to in principle by both jurisdictions and may, if desired, be incorporated into the resulting Orderly Annexation Agreement should the project be ordered. Adopt the attached Joint Powers Agreement, as amended, by joint agreement between the Farmington City Council and Castle Rock Township Board. J F. Erar ity Administrator FiJe Cc: Castle Rock Township Board Citizen Subcommittee Representatives Joe Harris, Dakota County Commissioner Brandt Richardson, Dakota County Administrator Don Theisen, Dakota County Engineer Carl Schenk, Metropolitan Council, District Representative Gerald Stelzel, Dakota County Fair Board a~uL q-/P;47 JOINT POWERS AGREEMENT FOR THE PREPARATION OF A PRELIMINARY ENGINEERING FEASIBILITY REPORT, AND POSSIBLE CONSTRUCTION AND FINANCING OF IMPROVEMENTS TO ASH STREET/PHASE III OF PRAIRIE WATER WAY AND SURROUNDING AREAS IN THE SOUTHEAST AREA OF THE CITY OF FARMINGTON AND PORTIONS OF CASTLE ROCK TOWNSIllP BETWEEN THE CITY OF FARMINGTON AND THE TOWN OF CASTLE ROCK TillS IS A JOINT POWERS AGREEMENT entered into under Minnesota Statutes S 471.59, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("Farmington") and the Town of Castle Rock ("Castle Rock") for the purpose of planning, constructing, and financing improvements to Ash Street and surrounding areas within the City and Town, including street, sanitary and storm sewers, . and related improvements. RECITALS WHEREAS, Farmington is a statutory city of the State of Minnesota and can exercise all of the powers of a statutory city; and WHEREAS, Castle Rock is a town of the State of Miflnesota and can exercise all of the powers of a town, and; WHEREAS, Farmington and Castle Rock have been actively involved in the study and review of certain potential public improvement projects including reconstructing Ash Street, the construction of Phase III of the Prairie Waterway, correcting or improving storm water management in the project area, providing sanitary sewer and water service to property owners within the benefiting area, and other related improvements; and WHEREAS, the public improvement projects involve areas within both jurisdictions to varying degrees and the construction of the necessary and beneficial public improvements may be best accomplished through the cooperation of Farmington and Castle Rock by studying, financing, constructing, operating, and maintaining the public improvement projects; and WHEREAS, Castle Rock and Farmington are entering into this joint powers agreement to study and provide a feasibility report addressing the financing, construction, operation, and maintenance of these public improvements in order to: (1) reduce, to the greatest practical extent, the public capital expenditures necessary for the identified improvements, (2) abate pollution, (3) control excessive rates and volume of runoff; (4) improve water quality; (5) prevent flooding and erosion from surface flows; (6) provide a reliable and safe source of drinking water; (7) enhance the public transportation and road system serving the area; and (8) secure all other benefits associated with the identified potential public improvements; and WHEREAS, Castle Rock Township and the City of Farmington agree to jointly share in the costs of preparing a new feasibility report with each jurisdiction agreeing to underwrite an equal its share of the cost of preparing, reviewing and developing a new project feasibility report, and WHEREAS. the parties intend to enter into an orderly annexation agreement as part of the construction of the project that would include provisions for the orderly annexation to the City of parcels served by City services within the project area (including tax base sharing consistent with the standard six year phase-in provided by state statutes). the preservation and retention of rural properties within the Townhip. the restriction of unilateral or contested case annexations of rural property within the Township outside the proiect area by the City for a period of20 years (other . than for property owner or state-agency initiated annexations). and other terms mutually agreed to by the parties. AGREEMENTS OF THE PARTIES NOW, THEREFORE, in consideration of the mutual promises contained herein, Castle Rock and Farmington agree as follows: Section 1. Project Description. The Project to be studied includes the reconstruction of Ash Street and the construction of Phase III of the Prairie Waterway by the parties in cooperation with Dakota County, sanitary sewer improvements to properties in the immediate vicinity of Ash Street both within and outside the City as necessary, storm water improvements in the drainage area within the hydrogeologic boundaries of the area, the provision of publicly supplied drinking water to properties within the area, and other necessary or related improvements identified as part of the preparation of the feasibility report. Section 2. Feasibility Report. Castle Rock and Farmington shall cause to be prepared by their respective professional engineers registered in the State of Minnesota a feasibility report for the Project. The parties may approve, reject, or require amendments or modifications to the report as appropriate. Section 3. Response to Feasibility Report. After preparation of the Report, Castle Rock and Farmington hereby agree to hold such public hearings or meetings either jointly or separately to discuss the construction and financing of the improvements identified in the report, and jointly may order the preparation of Plans and Specifications or other documents prior to jointly ordering any improvements identified in the report. The execution of this agreement between the two parties does not commit either party at this time to the stated improvements. Section 4. Delegation of Authority and Further Assurances. Castle Rock and Farmington hereby delegate to their respective engineers all of the powers and authority available to the parties under this Joint Powers Agreement which are necessary for the engineers to carry out their obligations under this Agreement. The parties agree that they will in good faith execute the documents or take other actions as may reasonably be necessary for each party to carry out their respective obligations to cooperatively prepare the Feasibility Report. Section 5. Feasibility Report Cost Allocation. Both parties agree to coordinate preparation of the Feasibility Report through each jurisdiction's engineering representatives. Both parties agree to share equally in the cost of preparing an updated Feasibility Report to the most practical extent possible and will each be responsible to pay its own engineering costs in preparing the updated feasibility report. It is the intent of this cost a1l0cation approach to equitably distribute the costs of prepai"ing the report between both jurisdictions. Upon completion and acceptance of the updated Feasibility Report by both jurisdictions, a total cost accounting shall be performed and shall be presented to each jurisdiction for review and final paym0nt. Each party agrees to pay 50% of the eost of preparing the updated feasibility study, hov/ey/er, if If the project is ordered, the cost of the feasibility report preparation will be allocated according to project construction allocations. Section 6. Right to Terminate. Either party may, at its sole discretion, elect to terminate this Agreement by providing written notice of termination to the other party. If a party terminates this Agreement as provided in this paragraph, the terminating party shall be obligated to reimburse the non-terminating party for any costs or liability it may have incurred pursuant to this Agreement up to the date of the termination notice. Failure to order the project does not subject either party to reimburse any loss to the other party Section 7. Entire Agreement. This Agreement constitutes the entire agreement among the parties and supersedes all prior written and oral understandings. Section 8. Amendments. Any amendment to this Agreement or waiver or modifications of its provisions must be in writing and signed by both parties. Section 9. Effective Date. This Agreement is effective when it has been executed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the date( s) shown. CITY OF FARMINGTON TOWN OF CASTLE ROCK BY: BY: Its Its ATTEST: ATTEST: Its Its Date: Date: City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.c:i.farmington.mn.us l~aJ FROM: Mayor, Councilmembers and City Administratoo/~ Daniel M. Siebenaler Chief of Police TO: SUBJECT: Municipal Archery Deer Hunting Ordinance DATE: August 2, 1999 INTRODUCTION During the Council goal setting workshop earlier this year the issue of deer hunting was discussed as a method of animal population control and thereby traffic accident reduction. Staff was directed to prepare an ordinance and procedure to allow for such hunting in Municipal Urban Service Areas (MUSA) and on publicly owned property, DISCUSSION Staff has prepared an ordinance that allows for archery deer hunting in areas previously restricted by ordinance. This discussion will provide Council a synopsis of the attached proposed ordinance. The proposed ordinance specifically allows for archery deer hunting on MUSA property with written permission of the property owner and in accordance with State hunting regulations, The ordinance further requires that hunters remain at least 300 feet from the nearest building or person. The second section of the proposed ordinance allows for archery deer hunting on publicly owned park property. In consideration of public safety, a restriction, as determined by the Park and Recreation Commission (PRC), has been placed on the number of hunters on public property, A process has been identified that provides for a permit application for Municipal Archery Deer Hunting on Public Property. All applications are submitted for a public lottery and permits are issued to successful participants, One requirement of the successful applicant is the post-season completion of a harvest survey, Those results, along with information from DNR Wildlife Specialists and local observation will serve as the basis for the number of permits issued in subsequent years. It should be noted adoption of this ordinance does not relieve hunters on privately owned property of their obligation to obtain written permission of property owners. It should also be noted that nothing in this ordinance or in the associated administrative process guarantees an applicant that a permit will be issued to hunt on publicly owned property, Complete copies of the proposed ordinance, the administrative process for archery deer hunting on public property, the Application and the Permit are included for Council review, Staff has reviewed all of the material with the City Attorney for legal compliance. BUDGET IMPACT Due to the fact that this is a 1999 initiative, no fees are recommended in association with the Municipal Archery Deer Hunting Ordinance and no revenue is anticipated, Staffwill evaluate the costs associated with administration of the program and may include a recommendation in the 2000 fee schedule. ACTION REOUESTED Adopt Ordinance Section 6-12 as presented, ~, Daniel M. Siebenaler Chief of Police CITY OF FARMINGTON DAKOTACOUNTY,NITNNESOTA AN ORDINANCE AUTHORIZING ARCHERY DEER HUNTING AND THE ISSUANCE MUNICIPAL ARCHERY HUNTING PERMITS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: 6-12- 1. Intent. It is the intention of the City to protect the Public Safety interests of the City and the conservation interests of wildlife within the City by authorizing Archery Deer Hunting within urban and public property areas of the City, Nothing in this ordinance is intended to supersede the hunting regulations of the State of Minnesota or the rights of individual property owners outside of those areas within the City. 6-12-2. Definitions. Subd. 1. Urban Area. That area ofland within the city limits of the City of Farmington designated as Metropolitan Urban Service Area (MUSA) by the Metropolitan Council. Subd,2, Public Property. For purposes of this Section public property shall be defined as property owned by the City of Farmington and held as unimproved park land and as designated annually by the Farmington Park and Recreation Commission. 6-12- 3. Authorization for Archery Deer Hunting Seasons, Each year on or before August 1, the City Administrator, in conjunction with the Police Chief, shall determine and report to the City Council if the public safety and conservation interests of the City justify allowing an archery deer hunting season in the Urban and Public Property areas of the City in the upcoming season, The City Council will make a determination whether the City will authorize the Urban Hunt and issue permits for Public Property Hunting for the upcoming season. 6-12- 4. Survey, The City Administrator is authorized to prepare a survey card to be distributed to all Municipal Permit holders to determine the number of deer taken, the location the deer were taken, the sex of the deer taken and any other information the City Administrator feels is relevant to make informed decisions on the management of the deer population, Failure to return the survey card shall be grounds to deny a Municipal Archery HllI!ting Permit for the next season. 6-12- 5. Archety Deer Hunting Season. Persons may hunt deer by means of bow and arrow in the City of Farmington during the regular Minnesota State Archery Deer Hunting Season if they hold a valid Minnesota Archery Deer Hunting License and either written permission of a private property landowner or a Farmington Municipal Archery Hunting Permit under the conditions defined below. Subd. 1. Permits, (a) Municipal archery deer hunting permits shall be issued to hunt deer on authorized public property, Crossbows may be used only as authorized by State regulations. (b) No City permit shall be issued to hunt deer on any parcel of public land that is less than five (5) acres in size. (c) Archery deer hunting on private property may be authorized within the Municipal Urban Service Area of the City subject to restrictions of this ordinance and the rules of the Department of Natural Resources, (d) No archery hunting shall be permitted within 300 feet of any dwelling, place of business, school, place of worship or other structure likely to be occupied by people, or any other person. (e) Municipal Archery Hunting Permits issued pursuant to this section are valid only when all the requirements of the Farmington City Code and the State of Minnesota hunting regulations are complied with, (f) Archery deer hunting authorized under this section is valid only on the public property specified on the permit or the private property of the landowner who has granted specific, written permission under this section, It is the responsibility of the hunter to know the boundaries of the land on which they are authorized to hunt. (g) Nothing in this Section shall prohibit the owner of private property from imposing additional conditions on the granting of permission to hunt, including regulating the dates or times the permit is valid; provided that no restrictions shall conflict with any State law or City ordinance. (h) Nothing in this Section shall prohibit a private land owner or the City Administrator or his designee from revoking permission to archery deer hunt at any time, -- - ---- -- --- - -- ---- - -- -- -- Subd. 2, Suspension and Revocation, A municipal Permit issued under this Section is subject to suspension in the interest of public safety or revocation for a violation of any of the requirements of this section. Suspension or revocation shall take effect immediately upon notice, (a) Suspension Notice, A Municipal Permit may be suspended for a specified period of time by the City Administrator or his designee, The permit holder shall be notified either in person or by certified mail of the suspension, Notice shall include the specific public safety concern and the length of the suspension. (b) Revocation Notice, A permit holder shall be notified of the temporary revocation of the permit in person by the City Administrator or his designee or by certified mail at the address listed on hislher archery deer hunting application, Notice of temporary revocation of the permit shall include notification that the permit is immediately revoked and that the hunter has the right to a hearing with the City Administrator within ten (10) business days for a determination as to whether a violation of this section occurred, If the permit does not request such a hearing within ten (10) days, the City Administrator shall make such determination as deemed appropriate to reinstate or permanently revoke the archery deer hunting permit. (c) Hearing, If the permit holder requests a hearing for a determination as to whether the permit should be revoked, the hearing shall be held at a date no more than two weeks after the demand for such hearing, Any records of reports from the police department, animal control officers, or officers of the Minnesota Department of Natural Resources shall be admissible without further foundation, After considering all the evidence, the City Administrator shall determine whether or not to revoke the permittee's Municipal Archery Deer Hunting Permit. (d) Ineligibility, Any person who has had their Municipal Archery Deer Hunting Permit revoked pursuant to this section is ineligible to obtain a permit for the next hunting season, 6-12- 6. Application, Application shall be made for a Farmington Municipal Archery Hunting Permit on a form provided by the City Administrator or his designee. 6-12- 7. Permit Fees, The City Clerk shall charge an administrative fee for processing the application and issuing the permit authorized by this section in accordance with the annual fee resolution adopted by the City Council. 6-12- 8. Lottet:y. Municipal Archery Deer Hunting Permits shall be issued by lottery of all eligible applicants. The lottery shall be conducted by the Farmington Park and Recreation Commission at its regular public meeting during the month of August. 6-12- 9. Violations, Violation of any of the terms ofa permit issued under this Section is a Misdemeanor. 6-12- 10. Civil/Criminal Liability, Nothing in this Section shall authorize the use of any archery equipment in a manner which will endanger any human being or property, and no license or permit granted hereunder shall in any way relieve the person acting hereunder from civil liability for any damage resulting from such use, Violation of this Section shall be a Misdemeanor. 6-12- 11. Effective Date. This ordinance shall take effect immediately upon its passage and publication, ADOPTED this the City of Farmington, day of , 1999, by the City Council of CITY OF FARMINGTON BY: Gerald Ristow, Mayor ATTEST: Approved as to form the day of ,1999. City Attorney Published in the Farmington Independent the day of ,1999, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Municipal Archery Deer Hunting for Public Property Administration and Lottery Selection Process Step 1, In the Spring of each year staff will determine approximate deer populations using information from hunter questionnaires, DNR Wildlife Specialists and visual observation. This information will be forwarded to the Park and Recreation Commission (PRC). Step 2. Park and Recreation Commission identifies area to be authorized for hunting in June, Step 3. Area is divided into sections of at least 5 acres and displayed on maps generated by City staff from the GIS system. Hunting areas will be identified by Parcel Number, Step 4. Notice of available Public Hunting area will be published in the local newspapers and posted on the City Hall bulletin Board. Along with this notice will be the specific date and location of the lottery . Step 5, Applications will be available at City Hall, through the V,S, Mail or by E-mail the second week in July. Step 6. Applications must be completed and returned to the Farmington Police Department for review of eligibility , Step 7. Applications will be individually sealed in plain envelopes and delivered to the Park and Recreation Commission in August, prior to the regularly scheduled meeting of that organization, Step 8. The Park and Recreation Commission will conduct a lottery at the regular August meeting using the following guidelines, A) All sealed applications will be combined in a single container, B) A PRC member will identify a Hunting Parcel Number and draw a sealed envelope from the container, C) The successful applicant will be identified and the Municipal Archery Deer Hunting Permit will be completed specifically identifying the Parcel and Hunter. D) Successful applicants will be notified by phone or mail of their permit and parcel and will be required to pick up the Permit document at the Police Department for appropriate signatures, Step 9, A copy of each Permit will be kept on file at the Police Department for use during the hunting season and for purposes of follow up reporting as required by ordinance, Step 10, At the conclusion of the Archery Deer Hunting season a questionnaire will be forwarded to each Permit holder to determine the number, sex and age of animals taken, This information will be used in Step 1 of the process for the following year. Pursuant to City ordinance, failure to return the required questionnaire will result in hunter ineligibility for the following season. CITY OF FARMINGTON MUNICIPAL ARCHERY DEER HUNTING APPLICATION NAME FIRST MIDDLE LAST ADDRESS TELEPHONE DATE OF BIRTH VEHICLE LICENSE NUMBER (Expected to be used for hunting,) MN ARCHERY DEER HUNTING LICENSE NUMBER If successful, will applicant be seeking additional Intensive Harvest Permits? (Y I N) (Note: This information will not affect eligibility. It will be used only for the harvest questionaire,) I have read and understand the Farmington Municipal Archery Deer Hunting Ordinance, If selected, I agree to comply with all requirements of that ordinance, I understand that this application does not guarantee that I will receive permission to hunt on public property, I also understand that successful applicants will be selected by lottery and notified by phone or mail. Signature Date CITY OF FARMINGTON MUNICIPAL ARCHERY DEER HUNTING PERMIT NAME FIRST MIDDLE LAST ADDRESS TELEPHONE DATE OF BIRTH MN ARCHERY DEER HUNTING LICENSE NUMBER License and Municipal Permit must be kept in possession at all times while hunting. PERMIT VALID THRU MM/DD/YYYY MM I DD I YYYY PERMIT AREA DESCRIPTION I understand that my permit is valid only in the area described and as highlighted on the the map on the reverse side of this permit. Any violation may result in revocation of this permit. I have read and understand the Farmington Municipal Archery Deer Hunting Ordinance, I agree to comply with all requirements of that ordinance, Signature Date Issued by Date City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /3c:v TO: Mayor, Councilmembers and City Administrato~ Daniel M. Siebenaler Chief of Police FROM: SUBJECT: 1999 Mountain Dew Days Police Service Fees DATE: August 2, 1999 INTRODUCTION The City Council received a request for a clarification of the fees for police services billed to CEEF for the 1999 Mountain Dew Days celebration. DISCUSSION Police Services have been billed on an annual basis for Mountain Dew Days since the celebration began. The fees are included in the CEEF annual budget for the celebration. Past bills have been computed by Finance Department staff and invoiced, In 1997 the Mountain Dew Days bill for police services was $3,003.00. In 1998 that bill was $2,728.77. The reason for the reduced bill in 1998 was the fact that all events on both Friday and Saturday nights of the celebration were canceled by tornado warnings and severe thunderstorms. As a result of these storms the number of officers working was reduced significantly. In 1999 the Police Department staff computed the time spent and inadvertently added the benefit costs of 30% as is the case with other contracted services. This resulted in a bill of $4,708.92. The correct amount, as defmed by the City of Farmington Fee Resolution, should have been $3,622.24. Staff has discussed this adjustment with representatives ofCEEF and has been informed that it is consistent with previous years expenditures and the current Mountain Dew Days budget. BUDGET IMPACT A revised invoice of $3,622.24 will be forwarded to CEEF for Police Services during Mountain Dew Days. ACTION REQUESTED Information only. Respectfully submitted, ~0Jv' Daniel M. Siebenaler Chief of Police