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Home My WebLink About02.01.99 Council Packet COUNCIL MEETING REGULAR February 1, 1999 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) StaffIntroduction 6. CITIZEN COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (1/19/99) (Regular) b) Capital Outlay - Police Department c) Appointment Recommendation - Parks & Recreation Department d) Adopt Resolution - Accept Donation - Ice Arena e) Adopt Resolution - Accept Metro Meals on Wheels Collaborative Grant f) Adopt Resolutions - Approve Park Grant Applications g) 1998 Liquor Store Sales Report h) Approve Bills 8. PUBLIC HEARINGS a) Hearing Continuance - Seed Property Annexation 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Conflict of Interest Information b) Draft Land Use Plan - Presentation c) Dakota County HRA Legislative Proposal 11. UNFINISHED BUSINESS a) Council By-Laws Language Revision (carry-over 1/19/99) b) Council By-Laws Research Issues (carry-over 1/19/99) 12. NEW BUSINESS a) Adopt Resolution - 1999 Sealcoat Project Feasibility Report b) Schedule Council Workshop Date - 1999 Council Goal Setting '13. COUNCIL ROUNDTABLE 14. ADJOURN Action Taken /GL, COUNCIL MINUTES REGULAR January 19, 1999 1. CALL TO ORDER The meeting was called to order by Acting Mayor Cordes at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Acting Mayor Cordes led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Cordes, Soderberg, Verch Ristow, Strachan City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE AGENDA MOTION by Verch, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Staff Introduction This item was deferred to the February 1, 1999 Council Meeting. 6. CITIZEN COMMENTS a) Camp Courage Wagon Train Request The Camp Courage Wagon Train will be in Farmington the weekend of June 12- 13, 1999. The Wagon Train requested the City donate water for the horses. MOTION by Soderberg, second by Verch to donate and deliver water to the Camp Courage Wagon Train upon their arriving in Farmington, the weekend of June 12-13, 1999. APIF, MOTION CARRIED. 7. CONSENT AGENDA MOTION by Soderberg, second by Verch to approve the consent Agenda as follows: a) Approved Council Minutes 1/4/99 (Regular) and 1/9/99 (Special) b) Approved Boards and Commissions Appointments c) Approved 1998 ALF Ambulance Reimbursement d) Adopted RESOLUTION R05-99 accepting Dakota Electric Cooperative Grant e) Adopted RESOLUTION R06-99 accepting a donation to the Fire Department t) Received fourth quarter and year-end building report g) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) January 19, 1999 Page 2 8. PUBLIC HEARINGS a) Hearing Continuance - Seed Property Annexation Staff recommended that the hearing on the annexation petition for 60 acres of the Seed property be continued to the February 1, 1999 Council Meeting at which time it is anticipated the Orderly Annexation Agreement will be finalized and ready for City Council consideration. MOTION by Verch, second by Soderberg to continue the Seed Property Annexation Public Hearing to February 1, 1999. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) BATC Communication - City Fees The City Council received correspondence from the Builders Association of the Twin Cities (BA TC) requesting an opportunity to comment on the new fee schedule. Mr. Steve Juetten, Genstar, stated BATC continues to work with staff on the fees and noted there are fees that have been reduced. BA TC will be conducting a study, not specifically in Farmington, to point out to the public what it does cost to buy a new home as far as City fees. The study will be conducted over the next 6-12 months. BA TC asks that the fees the City adopts are appropriate and prudent and just cover the costs. Any costs charged to the developer, according to Mr. Juetten, are passed directly on to the consumer. b) Review New Zoning Classification - Neighborhood Commercial Staff presented for discussion an amendment to the City Code to provide a new zoning district titled B-4 - Neighborhood Business. Staff is trying to make certain buildings in older residential neighborhoods are still viable for business use, but compatible with the surrounding neighborhood. The Planning Commission and staff felt there was a need to provide business districts that could serve adjacent residential areas on parcels of land three acres or less in size. The main purpose of the district is to meet a wide range of residential needs of everyday living in neighborhoods with a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community. Possible permitted and conditional uses within the B-4 District were discussed. Councilmember Soderberg asked if there are other buildings that need to be switched to the new zoning. Staff replied there are buildings along 4th Street and Main Street. Staff will need to do more research. Acting Mayor Cordes inquired as to a light manufacturing facility that does not use machinery to produce products. Staff replied there is a mail collating service at 821 3rd Street. Staff also stated the conditional use permit would not preclude the use of machinery. However, no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. The shipment of products before or after assembly by semi-tractor Council Minutes (Regular) January 19, 1999 Page 3 trailer trucks will not be allowed. The work that is done inside should not be visible from the outside. Councilmember Verch asked if there would be large straight trucks driving through the area. Staff replied the use of trucks would have to come under a conditional use permit. Acting Mayor Cordes noted no automotive repair facilities are allowed, and asked how this differs from home auto repair. Staff replied that while there may be existing home auto repair businesses in the City, the current zoning ordinance regulations do not allow new ones to be established as home businesses or occupations. Mr. Marvin Wier, 808 3rd Street, expressed concern over having dry cleaning establishments in the neighborhood as they store highly volatile chemicals which can leak, and also the large volume of traffic. Staff replied solvents currently used in dry cleaning are regulated by the state and/or federal government. Regarding the traffic issue, there are requirements for parking that each business would have to meet. Councilmember Soderberg asked if it was possible to split neighborhood services so they fall under a conditional use, in order to look at them on a case by case basis. Staff replied uses that are a concern can be pulled and made a conditional use. Acting Mayor Cordes asked if all neighborhood services could be put under conditional use, instead of choosing certain ones for conditional use. Staff replied that has been discussed, and is attempting to identify businesses by the nature of their use. Mr. Dan Smith, 804 4th Street, asked if the uses are covered under any other zones. Staff replied some are, but the purpose is to separate out the businesses that aren't compatible with the residential area and create a district that is compatible. Existing buildings will come under the comprehensive plan. Proposed buildings will be in undeveloped areas of the city. Mr. Dave Kennedy, 312 Maple Street, asked if there was any intent to enlarge the B-4 zone at 821 3rd Street. Staff replied, no, the zoning will not go into a residential area. Councilmember Soderberg asked if zoning changes have an affect on property taxes. Staff replied the assessor determines the value of the property based on improvements and use of the property. The above comments will be discussed at the Planning Commission on February 9, 1999. 11. UNFINISHED BUSINESS at,2) Council By-Laws Language Revision and Research Issues These items were deferred to the February 1, 1999 Council Meeting. Council Minutes (Regular) January 19, 1999 Page 4 b) Approve Draft - Multi-Jurisdictional Ash Street Project Agreement Staff presented to Council a draft joint powers agreement for Ash Street reconstruction and Phase III of the Prairie Waterway projects. MOTION by Soderberg, second by Verch approving transmittal of the draft Multi- Jurisdictional Ash Street Project Agreement to Castle Rock Township as presented. APIF, MOTION CARRIED. c) Approve Authorization to Re-Advertise Towing Contract RFP Request for Proposals for the City Towing Contract were accepted through December 28, 1998. Although two proposals were received, mandatory zoning information was missing from each of them. After discussing the issue with the City Attorney, staff reached the conclusion that all proposals should be rejected and the RFP should be re-advertised. MOTION by Verch, second by Soderberg authorizing re-advertisement of Request for Proposals for the City Towing Contract and extend the existing towing service until a new contract is signed. APIF, MOTION CARRIED. Councilmember Strachan arrived at 8:05 p.m. d) Downtown Streetscape Project - Neighborhood Meeting Report On January 7, 1999, staffheld a neighborhood meeting for the Downtown Streetscape project. After a brief presentation, property owners were given a handout outlining assessment amounts for the project based on three different assessment methodologies. The property owners in attendance appeared to be in favor of the project. One individual suggested Third Street and Oak Street should be widened for snow and parking purposes. It was not staffs recommendation to look at widening Third Street and Oak Street. Several attendees indicated to staff they would like to find out more regarding the implications of including "neck- outs" at the intersection of Third and Oak. The addition of "neck-outs" would present opportunities to create a strong focal point for the center of downtown as well as providing benefits from a traffic engineering point of view. It was also suggested the City look at the possibility of inlaying the City Logo (in pavers) in the center of the intersection of Third and Oak. Ms. Marilyn Weinhold, Farmington Chamber of Commerce, felt it was a very supportive meeting. The Chamber realizes it is a good project and will positively impact the community. MOTION by Soderberg, second by Verch authorizing staff to prepare a feasibility report for the option of adding "neck-outs" and a paver City Logo at the intersection of Oak and Third. APIF, MOTION CARRIED. e) Orderly Annexation Agreement - Empire Township The Orderly Annexation Agreement was approved by Empire Township on January 12, 1999 subject to resolution of the Stelzel homestead issue. Staffis waiting for an agreement to be reached between Mr. Stelzel and the Seed Family Trust regarding the timing of annexation of the Stelzel homestead. The Orderly Annexation Agreement will reference this arrangement specifically, therefore the Council Minutes (Regular) January 19, 1999 Page 5 final draft agreement will be ready for Council consideration at the February 1, 1999 Council Meeting. Mr. Bernard Murphy has requested to annex 160 acres south of the Seed property. The options available for the Murphy property include: Pursue a separate orderly annexation agreement for the property, or Mr. Murphy may pursue individual annexation petitions not to exceed 60 acres. Council felt it was up to Mr. Murphy as to how to proceed. Staffwill inform Mr. Murphy of his options. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: First ALF Ambulance Board meeting is January 26, 1999. Councilmember Soderberg: Received a comment from a citizen in Northern Farmington, commending the City on their excellent job of snow plowing. Community Development Director Olson: A Council Workshop will be held February 23, 1999 to discuss Deer Meadows and a draft landscape ordinance. Parks and Recreation Director Bell: The tree by the Post Office has been trimmed to accommodate the flag pole placed there by the Post Office. 14. ADJOURN MOTION by Strachan, second by Verch to adjourn at 8:20 p.m, APIF, MOTION CARRIED. Respectfully submitted, ~/??~~ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7b FROM: Mayor, Councilmembers and City Administrator~ Daniel M. Siebenaler Chief of Police TO: SUBJECT: Capital Outlay Purchase Police Records Management System DATE: February 1, 1999 INTRODUCTION Due to Year 2000 computer problems the State of Minnesota is required to update all of its computer software to be compatible with a four digit year format. The State has required all Police agencies that report to the various State computer systems to update local software as well. In addition to State software problems and resultant mandates, the software currently used in the Farmington Police Department is not Y2K compatible. The current software will cease to function on January 1,2000. In order to address the issues of State compatibility and our local Y2K problem it will be necessary to replace the current police records management software. DISCUSSION Staff has researched the software issue and has learned that there are a large number of vendors who provide software that would address the immediate issues of State compatibility and Y2K. There are several factors however that weigh heavily on the selection process. The fIrst factor is compatibility of records management software with other police agencies. SpecifIcally the ability to view the records of other police departments and allow those agencies to view the Farmington records. This element is currently unavailable due to the wide variety of records management software in Dakota County. The ability to utilize the records of adjoining agencies is an essential element in modem criminal investigation. Since criminals are not bound by jurisdictional lines it is essential that information about those subjects be available to all interested agencies. A second critical factor in selection of software is the compatibility of Dispatching Software. With the advent of Computer Aided Dispatching (CAD) it is necessary for Farmington to be compatible with its contracted Police Dispatch. That service is currently provided by the Lakeville Police Department. A third essential factor in selection of a new vendor is the migration of data from the existing system into the new data base. This information consists of records accumulated by the Farmington Police Department since 1984. Access to this information both locally and systemwide, is essential to the ongoing function of the Police Department. One of the vendors researched by staffis LOGIS. La GIS is a consortium oflocal governments that develop and support software applications for a variety of uses. LOGIS provides the records management and CAD software to a number of police departments in the Twin Cities Metro area including all of Hennepin County as well as Eagan. The City ofLakeville also purchased the LOGIS Police Records Management and CAD packages for 1999. After purchase of initial software applications and one time licensing costs, the ongoing service and upgrades in software are provided on a membership basis. The City of Farmington currently participates as a member of LOGIS in its Finance, Utilities and Community Development Divisions as well as the support of the City computer network, website and intemet services. Support service and upgrades in software have been delivered in a timely and professional manner by LOGIS. BUDGET IMPACT The hardware and software required for the conversion to LOGIS Records Management and CAD packages is well within the budgeted amount for 1999. In addition the City will be charged at an hourly rate for the migration of data from the existing records management into the new data base. While LOGIS is unable to specify the exact cost of this data migration, it is estimated to be at or near the 1999 budgeted amount. ACTION REQUESTED Acknowledge purchase, through LOGIS, of Police Records Management software as authorized in the 1999 Budget. Respectfully submitted, .... H_..... 7 (/ r' ,..)12'" i i /..J;:::/ " L~-~~.~ L--<-A..c..~ Daniel M. Siebenaler Chief of Police City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.c:i.farmington.mn.us 7c TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Appointment Recommendation - Parks and Recreation Department DATE: February 1, 1999 INTRODUCTION The recruitment and selection process for the appointment of a full-time Park Keeper/Solid Waste Worker in the Parks and Recreation Department has been completed, This opening is the result of a budgeted position upgrade from regular part-time to regular full-time. DISCUSSION After a thorough review of internal applicants for this position by the Parks and Recreation Department and Human Resources Office, an offer of employment has been made to Mr. Don Johnston, subject to ratification by the City Council. Mr. Johnston has worked for the Streets and Utility Divisions since the summer of 1998 in various street maintenance activities. Since that time, Mr. Johnston has been employed by the City as a regular part-time employee in the Solid Waste Division and has been assisting park maintenance staff in various park related duties, including snow plowing activities. Don's previous work record includes work experience in various technical related positions, and he has obtained his Class B driver's license as required by job-related duties. Mr. Johnston's work ethic, demonstrated knowledge of park maintenance and solid waste equipment operations, and his commitment to performing each job to the best of his abilities will make him an asset to the City operations. Consequently, Mr. Johnston's work experience suggests he is fully qualified and capable to serve as a full-time Park Keeper/Solid Waste worker in the Parks and Recreation Department. BUDGET IMP ACT Funding for this position is authorized in the 1999 Budget. RECOMMENDATION Ratify the appointment of Mr. Don Johnston as a full-time Park Keeper/Solid Waste Worker effective February 2, 1999. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7d TO: Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director FROM: SUBJECT: Adopt Resolution Accepting Donation - Parks and Recreation Department DATE: February 1, 1999 INTRODUCTION A donation has been received at the Ice Arena. DISCUSSION The Tri County Figure Skating Club has donated $500 to the Ice Arena to be used for the public address system upgrades. Staff will communicate the City's appreciation on behalf of the Council to the Tri County Figure Skating Club for their generous donation. ACTION REOUESTED Adopt the attached resolution accepting the donation of $500 from the Tri County Figure Skating Club. Respectfully submitted, -J~ ~~ James Bell Parks and Recreation Director PROPOSED RESOLUTION No. R - ACCEPTING DONATION TO THE ICE ARENA 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 1st day of February, 1999 at 7:00 P.M. Members Present: Members Absent: Member ------ introduced and Member ----- seconded the following: WHEREAS, the Tri County Figure Skating Club has donated $500 to be used for the public address system at the Ice Arena, and WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of $500 from the Tri County Figure Skating Club to be used as stated above. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of February, 1999. Mayor Attested to the day of February, 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 7e TO: Mayor, Councilmembers and City Administrato~ Joy Lillejord, Recreation Program Supervisor J~ FROM: SUBJECT: Adopt a Resolution Accepting Metro Meals on Wheels Collaborative Grant DATE: February 1, 1999 INTRODUCTIONIDISCUSSION The Senior Center has received a $200.00 grant from Metro Meals on Wheels Collaborative. This grant is part of$5,000.00 available to programs that need assistance to better serve Meals on Wheels in their community. The Metro Meals on Wheels Collaborative were able to help 20 programs with similar grants. This grant money will go towards the purchase of insulated delivery bags along with promotional materials for the Farmington Moblie Meals program. ACTION REQUIRED Adopt a resolution accepting this grant of$200.00 from the Metro Meals on Wheels Collaborative. Respectfully submitted, ~~~~I~)~ Recreation Program Supervisor PROPOSED RESOLUTION No. ACCEPTING GRANT OF $200 FROM METRO MEALS ON WHEELS COLLABORATIVE 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 1st day of February, 1999 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City has received a grant for $200 to be used for the Meals on Wheels Program at the Senior Center; and WHEREAS, it is in the best interest of the City to accept such donation. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the grant of $200 from the Metro Meals on Wheels Collaborative to be used to fund insulated delivery bags for the Meals on Wheels Program. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of February, 1999. Mayor Attested to the day of February, 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 7f TO: Mayor, Councilmembers, City Administrato~ James Bell, Parks and Recreation Director FROM: SUBJECT: Park Grant Applications DATE: February 1, 1999 INTRODUCTION Council approval to apply for various Parks and Recreation related grants. DISCUSSION The State is requesting applications for grants for river cleanup and habitat enhancement. Staff requests Council authorization to apply for the following grants: l. Environmental Partnership Grant - Vermillion River Cleanup. 2. Conservation Partnership Grant - Reforestation of the Prairie Waterway. BUDGET IMPACT The matching funds for the grant applications could be funded from the Parks Improvement Fund and the Prairie Waterway reforestation dollars. If the grant applications are successful, staff would present a formal request for City matching funds authorization. ACTION REQUESTED Council approval of these grant applications and adoption of the following resolutions: . Resolution authorizing the application for an Environmental Partnership Grant for Vermillion River cleanup. . Resolution authorizing the application for a Conservation Partnership Grant for reforestation of the Prairie Waterway. Respectfully submitted, -l- ~~ James Bell Parks and Recreation Director PROPOSED RESOLUTION No. R APPROVING THE SUBMITTAL OF AN APPLICATION FOR A 1999 ENVIRONMENTAL PARTNERSHIP GRANT 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 1 sl day of February, 1999 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Department of Natural Resources provides for matching grants to cities for river cleanup; and, WHEREAS, the Vermillion River is in need of cleanup between Denmark Ave. and Willow Street; and, WHEREAS, the City desires to receive the maximum allowable grant for this cleanup. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington authorizes the Parks and Recreation Director to submit an application for an Environmental Partnership Grant up to the maximum allowed for the cleanup of the Vermillion River. This resolution adopted by recorded vote of the Farmington City Council in open session on the pI day of February, 1999. Mayor Attested to the day of February, 1999. City Administrator SEAL PROPOSED RESOLUTION No. R APPROVING THE SUBMITTAL OF AN APPLICATION FOR A 1999 CONSERVATION PARTNERSHIP GRANT 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 1 sl day of February, 1999 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Department of Natural Resources provides for matching grants to cities for habitat enhancement; and, WHEREAS, the Prairie Waterway is in need of environmental enhancement; and, WHEREAS, the City desires to receive the maximum allowable grant for this project. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington authorizes the Parks and Recreation Director to submit an application for a Conservation Partnership Grant up to the maximum allowed for the habitat enhancement of the Prairie Waterway. This resolution adopted by recorded vote of the Farmington City Council in open session on the pI day of February, 1999. Mayor Attested to the day of February, 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 To: Mayor, Coundlmembers, City Adminictrato~ Paul Asher, Liquor OperatioDs Manacer From: Subject: 1998 Sales Data Date: February 1, 1999 INTRODUCTION Sales figures for the 1998 Liquor Store Operations haw been tabulated. DISCUSSION The total 1998 sales for the Liquor Operations were $ 1,646,580, an increase of 11.3 % over 1997. The Downtown Store's sales were $ 848,712, an increase of 12.5% over 1997. The Pilot Knob Store's sales were $ 797,868, an increase of 10.1% over 1997, BUDGET IMPACT The above numbers are subject to review in the annual audit, aDd may differ slightly from the final audit. RECOMMENDATION No action neces88IY, for information only. Respectfully Submitted, ~~ Liquor Operations Manager ~ ?5a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers City Administrato~~ David L. Olson Community Development Director FROM: SUBJECT: Orderly Annexation Agreement - Seed Family Trust Property DATE: February 1, 1999 INTRODUCTION Representatives of Empire Township, the City of Farmington and the Seed Family and Genstar Development have been working on a proposed Orderly Annexation Agreement for the 950 acre Seed Family property for several months. The following is a summary of the attached draft agreement. DISCUSSION The City initially received an annexation petition from the Seed Family to annex approximately 60 acres in October of 1998. This type of annexation petition can be approved by the City Council through the adoption of an ordinance and does not require a hearing at the Minnesota Municipal Board. Upon review of this request, Empire Township requested that the City, the property owner and the Township pursue an Orderly Annexation Agreement for the entire property. In response to this request, the City Council has continued the public hearing on this initial annexation petition since December 7, 1998 to allow time to determine whether an agreement could be reached on an Orderly Annexation Agreement. The attached agreement has been prepared and reviewed by representatives of both the City and Township and Seed/Genstar and contains the following main provisions: . The subject area for the agreement is the entire Seed Family property as shown on Exhibit A which comprises approximately 960 acres. . The properties in the subject area cannot be petitioned for annexation unless all owners have signed a petition requesting annexation. . The property would have to be contiguous to the City and no longer enrolled in the agriculture preserve program. (This enrollment is scheduled to expire 12/31/2001.) . The use or development proposal for the property is consistent with the City's Comprehensive Plan. . Public sewer or water is available or proposed to be made available to serve the property. In addition to these conditions, if the parcel of land in the orderly annexation area has been laterally benefited by City sanitary sewer or water main and is surrounded by the City, or is owned by the City, or is the subject of an application for platting or any land use other than open space, or agricultural use, the City may annex this area without petition by the landowner. The only exception to these conditions is the property referenced in paragraph 4 of the Orderly Annexation Agreement. This property includes the Gerald Stelzel homestead which encompasses 80 acres and is subject to the terms of an Amended Option and Put Agreement between the Seed and Stelzel families. This agreement provides that the Seed Family will not petition this portion of the property within the Orderly Annexation Agreement for annexation into the City of Farmington until the earlier of: 1. The date Gerald E. Stelzel no longer serves in any elected or appointed capacity for Empire Township; or ii. The date Gerald E. Stelzel no longer occupies the property identified as his homestead; or iii. The date of death of Gerald E. Stelzel; or iv. January 1,2009. The Empire Town Board approved this agreement at their January 12, 1999 meeting and authorized its execution subject to approval of the agreement between Mr. Stelzel and the Seed Family. Approval of this agreement will allow the City of Farmington to include this area m its Comprehensive Plan update. ACTION REOUESTED Authorize the Mayor and City Administrator to execute Joint Resolution No. 1999-1 - A Joint Resolution Establishing Joint Planning and Orderly Growth. cc: Dean Johnson, Resource Strategies SENT BY:GENSTAR MIDWEST 2- 1-33 8:22AM GENSTAR MIDWEST~ 612 4632531;# 21 2 GENSTAR Gens'., Lsnd Company Midwel$t 11000 West 78/t1 SUeer SuiTe 201 Eden Prairie, MN 55344 Tel: (612) 942-7844 Fa)(: (612) 942-80'75 January 29, 1999 Mayor and City Council 325 Oak Street City of Farmingto'n Farmington, Minnesota 55024 Re: Annexation Petition for 59 :l:: Acres in Empire Township Dear Mayor and City Council; On October 14, 1998, Astra Genstar Partnership, L. LoP. submitted an annexation petition for the above stated property. This petition was expected to be the first of many such petitions necessary to annex the entire Seed Family land holdings from Empire Township to the City of Farmington. Since that submiUal, your staff has completed and the Empire Town Board has approved, an Orderly A1mexation Agreement that includes the Seed Family property. Based on this, if you approve the Ordcrly Anne~at1on AgJ.-eement as expected at your F~bruary I, 1999 regular meeting, Astra Genstar Partnership, L.L.P. will withdraw their petition. If, however, the City Council does not approve the Orderly Annexation Agreement or a decision is c.lelayed, the Partnership respectfully requests that the petition remain active. Thank you and your staff tor your continued professionalism and cooperation. If you have any questions, please feel free to contact us. Sincerely, Genstar Land Company Midwest c~~ Steven p, Juctten Development Manager JOINT RESOLUTION NO. 1999-1 TOWN OF EMPIRE AND CITY OF FARMINGTON DAKOTA COUNTY A JOINT RESOLUTION ESTABLISHING JOINT PLANNING AND ORDERLY GROWTH WHEREAS, Empire Township (the "Township") and the City of Farmington (the "City") desire to plan appropriately for growth and development in each community; and, WHEREAS, the Township and City desire to prevent the premature conversion of agricultural land for urban development; and, WHEREAS, the Township and City desire to establish a development framework, which promotes contiguous and orderly growth patterns, consistent with the goals and policies of each community's comprehensive plan and the Metropolitan Council's Regional Growth Strategy; and, WHEREAS, the Township and City acknowledge it is in the best interests of the residents of each community to work cooperatively in the future planning and development of the areas abutting the common borders of the communities; and, WHEREAS, the Township and the City desire to establish terms and conditions that promote common goals for growth in the area; respect individual community identities; create certainty for local land use decisions and long term public and private investment strategies; promote joint planning for certain areas; and protect the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED the Township and City agree to the following terms and conditions: 1. The Township and City hereby establish an Orderly Annexation Area ("OAA") as authorized by Minnesota Statute ~414.0325, Subdivision 1, as shown on the -1- 68272 attached Exhibit A and legally described on Exhibit B. 2. Properties located within the OAA, shown on Exhibit A and described in Exhibit B, may be annexed to the City without contest by the Township when the following conditions are met: a. All property owners have signed and presented to the City a petition requesting annexation; and, b. The property is contiguous to the City, and either is no longer enrolled in any state agricultural preservation program, or has been petitioned for inclusion within the Metropolitan Urban Services Area; and, c. The use or development proposal is determined by the City of Farmington to be consistent with the City's adopted land use plan; and, d. Public sewer or water is available to serve the property, or is proposed to be made available as part of the property owner's use or development proposal. 3. Notwithstanding Paragraph 2 above, a parcel of land in the orderly annexation area created by this agreement that has been laterally benefited by City sanitary sewer or City water improvements for a period of one (1) year and is surrounded by the City, which is owned by the City according to criteria established in Minnesota Statute ~414.033, or which is the subject of an application by the property owner for subdivision, platting, or for any land use other than open space or agricultural use, may be annexed to the City without petition by the landowner. -2- 68272 4. Notwithstanding paragraph 2 and 3 above, the City agrees not to annex the property legally described as follows: The South half of the Southeast Quarter of Section 18, Township 114, Range 19, less existing highway, Dakota County, Minnesota; referenced in county property records as parcel PID No. 120180001176, until such time as the restriction in favor of Gerald E. Stelzel as set forth in that certain Option and Put Agreement dated September 15, 1993, filed in the office of the County Recorder of Dakota County, Minnesota, as Document No. 1373598 on September 11, 1996 as amended by the First Amendment to Option and Put Agreement dated the 25th day of January, 1999, filed in the office of the County Recorder of Dakota County, Minnesota, as Document No. has been terminated or has expired as on provided in said First Amendment. 5. It is the intent of the parties that the terms of this agreement act to prohibit annexation under any laws currently in force if annexation under such laws would be contrary to the annexation procedures set out in this agreement. It is also the intent of the parties that changes in the law subsequent to the date of this agreement not alter or affect the rights or obligations of the parties as set out in this agreement. In the event changes occur in annexation-related laws subsequent to the date of this agreement, the parties shall meet to discuss the possibility of modifying this agreement to reflect some or all of the changes in said laws, but neither party to this agreement shall be required to modify this -3- 68272 agreement as a result of changes in said laws. 6. Upon approval by the respective governing bodies of the City and the Township, this joint resolution and agreement shall confer jurisdiction upon the Minnesota Municipal Board ("Municipal Board") so as to accomplish the orderly annexation of the lands described in the attached Exhibit A in accordance with the terms of this joint resolution and agreement. 7. The City and the Township mutually state that no alteration by the Municipal Board to the OAA boundaries, as illustrated on Exhibit A and described in Exhibit B, is appropriate or permitted. 8. Having designated the area illustrated on Exhibit A and described in Exhibit B as in need of orderly annexation, and having provided for all of the conditions of its annexation within this document, the parties to this agreement agree that no consideration by the Municipal Board is necessary. 9. The parties may amend this joint resolution by mutual consent at any time. Approved and Adopted this _ day of ,1999. Approved and Adopted this _ day of , 1999. EMPIRE TOWNSHIP CITY OF FARMINGTON Chair Mayor Clerk Clerk -4- 68272 EXHIBIT "A" Location Map of the Seed Family Trust/Genstar Land Co. Properties " ~ City of L<1k~iUc o \\ \\ \\ ,\ D Empire Township ~ Genstar Company Land Holdings I~ City Bounda~ L-J City of Farmmgton N W*E s City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /o~ TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Legal Opinion - Conflict of Interest Information DATE: February I, 1999 INTRODUCTION In review of the new Council dynamic relative to situations where a Council member is also employed by the City, and in keeping with my obligations under the City Code, my office requested a legal opinion from the City Attorney to identify any potential conflict-of-interest issues. As these issues affect the City and the entire Council from both a statutory and legal/liability perspective, it was determined that this information should be presented to Council as a matter of public record. DISCUSSION The attached opinion from the City Attorney identifies several key issues that Council should be aware of relative to public policy considerations and organizational processes. Executive Summary . The consolidated City Budget, as required by the City Code, contains total expenditures for each fiscal year and includes special levies, compensation, reimbursements and expenditures related to all city staff, including the Volunteer Fire Department. Consequently, the ability to participate in the budget adoption process is severely restricted in situations where an elected official who is also employed by the local government unit would personally benefit from budgetary expenditures. . Similarly, the dual role of an elected official who is also employed by the City is subject to different requirements under State Statute, the City Code and organizational protocols. Questions relating to this should be referred to either my office or the City Attorney to minimize any potential conflict. . Any expenditures that come before the City Council that have the potential to personally benefit a Councilmember as a City employee should be avoided within the public decision- making framework. . Finally, while the Attorney General has said it is permissible for a volunteer firefighter who is not a department officer or supervisor to be a member of the City Council, caution should be exercised to keep those various roles separate. For example, department issues should be channeled through the department director for resolution through the organizational structure, while policy matters should be addressed by and through public Council deliberations. ACTION REQUESTED The information provided by the City Attorney is designed to assist the City Council in minimizing any potential liability and legal issues resulting from possible conflict-of-interest situations. It is not presented as an exhaustive review of all potential conflict-of-interest situations that may occur as a result of any actions taken by the City Council. As recommended by the City Attorney, in situations where doubt is present, "err on the side of caution" because even the appearance of a conflict can expose the Councilmember, the Council as a whole and the City organization to allegations of impropriety, potential litigation and public criticism. Admittedly, the legal guidance submitted to Council is conservative by virtue and necessity of conducting City business in the public domain. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: John F. Erar, City A~ Joel Jamnik, City Attorney FROM: SUBJECT: Conflict of Interest Information DATE: January 4, 1999 INTRODUCTION I was asked to provide your office with additional information regarding the state's conflict of interest laws relative to situations where a Council member is also employed by the City. The purpose of the request is to provide the Council with legal guidance regarding this issue in order to clarify legal requirements and avoid, if possible, any potential conflict-of-interest situations. The law regarding conflicts of interest is one of the most challenging areas of municipal law to provide training to local officials. It is a relatively simple matter to discuss the law, since only a few statutes and court cases are involved in establishing the rules regarding conflicts of interest. The real problem is trying to apply the rules to the wide variety of fact situations encountered by local officials. DISCUSSION As stated in the Council Orientation Manual, the general rule is that a city councilmember may not have a personal financial interest in a sale, lease, or contract with the city, nor personally benefit financially therefrom. (Minn. Stat. ~~ 412.311 and 471.87) The personal financial interest can be either direct or indirect, which means that city contracts with family members or business associates of a councilmember are covered by the law as well as contracts where the councilmember is actually a party. Every councilmember who violates this provision is guilty of a gross misdemeanor, which may carry a penalty up to a $3,000 fine and one year in jail. _I:Iowever, the law allows for certain limited exceptions. There is a general exception for contracts which are not required by law to be competitively bid. There are also specific exceptions applicable for officials of banks and newspapers, and volunteer firefighters. With respect to the latter, the City Council "by unanimous vote, may contract for goods or services with an interested officer of the council" in "a contract with a volunteer fire department for the payment of compensation or retirement benefits to its members." (Minn. Stat. ~ 471.88, Subdivisions 1 and 6) This exception applies notwithstanding any other charter or statutory provision. (Minn. Stat. ~ 471.881) John Erar, City Administrator Legal Opinion - Conflict of Interest Clarifications Page 2 of 4 There are several conditions which must be met for any of the exceptions. Contracts made under these exceptions are void unless there is a resolution by the City Council finding the contract price is as low or lower than the goods could be obtained elsewhere and the interested councilmember files an affidavit with the city clerk stating: (a) the name of the officer and the office held by the officer; (b) an itemization of the commodity or services furnished; (c) the contract price; (d) the reasonable value; (e) the interest of the officer in the contract; and (f) that to the best of the officer's knowledge and belief the contract price is as low as, or lower than, the price at which the commodity or services could be obtained from other sources. This process must be followed for each contract. Simply stepping down from the council table, is not enough, although the councilmember with the conflict should not participate in deliberations or vote on the contract. Also, the vote authorizing the contract must be unanimous. Examples of contract-type conflicts could be budget approvals that include cost-of-living adjustments, special levies that benefit retirement funds of which the member is a beneficiary, expense reimbursement policies, uniform allowances, etc. Finally, the exception is narrow: contracts which might provide a personal financial benefit to a volunteer firefighterlcouncilmember other than contracts for compensation or retirement benefits are outside the exception. Non-Contract Conflict Situations Additionally, there may be City Council decisions that do not involve contracts that could raise conflict of interest questions. In non-contract situations, the case law in Minnesota is similar to the case law of other states. Those cases adopt a basic principle that any official who has a personal financial interest in an official action that may conflict with the public interest generally is disqualified from participating in the action. Of course, like most areas of law, there are exceptions to the general rule. Obviously, all councilmembers who own property within the city, and even those who rent, are affected by the city's property tax levy. If all councilmembers were disqualified from voting, no levy could legally be adopted. Consequently, the courts will evaluate each conflict situation individually using the following factors to determine if the councilmember is, or should have been, disqualified from participating in the proposed action: 1) the nature of the decision being made; 2 John Erar, City Administrator Legal Opinion - Conflict of Interest Clarifications Page 3 of 4 2) the nature of the financial interest; 3) the number of interested officials; 4) the need for the interested officials to make the decision, and; 5) whether other means are available to protect the publics' interest, such as appeals to other boards, etc. Examples of official actions commonly confronted include public improvement projects that serve an official's or employee's residence or the issuance of a building or zoning permit concerning property owned by the official or employee. If the project is citywide, councilmembers can vote. However, if the project area is small, there is little need for the affected councilmember to participate, and consequently the councilmember with a conflict should be disqualified from participating in the action. Family and business connections are frequent conflict examples, and generally result in disqualification. Actions involving a church or fraternal organization the councilmember is a member of are usually allowed, although if there is a unique or special financial involvement or concern there may be a problem. For a councilmember who also serves the community as a volunteer firefighter, it is difficult to anticipate many non-contract conflicts that could result in a personal financial benefit that would arise out of his or her service as a firefighter. However, it should be acknowledged that expenditures within a City budget that will personally benefit the councilmember as a firefighter should be avoided as a matter of decision-making. One important feature of the common law conflict of interest rule is that the prohibition is basically against participating in the decision or decisions. It is not a ban or prohibition on having the conflict, but merely being involved when a conflict exists. Incompatibility There is another special conflict of interest rule that should be addressed. That rule, generally referred to as common law incompatibility, prohibits a city official from serving the city in some other official capacity if the two positions are deemed incompatible. Generally, two positions will be deemed incompatible if the holder of one position hires or appoints the other position, sets the salary for the other, performs inconsistent functions, or makes contracts with the other. The attorney general has opined that the positions of mayor and school board member are incompatible, as are the positions of fire chief and councilmember. While the attorney general has said it is permissible for a volunteer firefighter who is not a department officer or supervisor to be a member of the city council, caution should still be exercised to keep those various roles separate. 3 John Erar, City Administrator Legal Opinion - Conflict of Interest Clarifications Page 4 of 4 For instance, the organizational structure of the city and other processes adopted by the City Council should be respected. The City Code distinguishes between administrative and policy matters and specifies the appropriate role for councilmembers and city employees or volunteers in addressing various city administrative matters under appropriate organizational protocols. Practical Advice I realize that the preceding discussion may be frustrating, and certainly it is difficult to provide general legal advice, but certain conclusions are possible. First, while potential conflicts can arise for anyone in government regardless of their job or title, the legislature has specifically recognized that the law should allow for some exceptions that, for example, allow a volunteer firefighter to serve as a councilmember. Second, the analysis of conflict of interest laws is highly dependent on the particular fact situation. Identifying possible problem areas well in advance of council meetings is beneficial in allowing time to prepare a proper response, including statutorily required resolutions and affidavits. Third, because criminal penalties may be imposed for certain violations, it is important to be aware of the general rules and to seek competent legal advice regarding the details. If you have an actual or potential conflict of interest, ask the City Attorney for advice. Err on the side of caution, however, because even the appearance of a conflict can expose a councilmember to public criticism. RECOMMENDATION I appreciated the opportunity to respond to your well-founded concerns regarding possible conflict- of-interest situations in this particular matter. It is important that any questions that Council or you have regarding conflict situations be directed to my office in order to minimize any potential liability or legal issues that the City may have in the future. Respectfully Submitted, !2~~~~ ~tf'amnik City Attorney File 4 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /06 TO: Mayor and Council Members, City Administrator ~r- Lee Smick, AICP () tJ Planning Coordinator ~ FROM: SUBJECT: 1999 Land Use Plan and Policy Statements DATE: February 1, 1999 INTRODUCTION The proposed 1999 Land Use Plan and Policy Statements are being presented as discussion items with the City Council to determine the future land uses and policies to meet the visions of the City of Farmington. DISCUSSlON The proposed 1999 Land Use Plan and Policy Statements have been developed over the course of several months, beginning in July of 1998 at the Visioning Workshops. Numerous citizens, developers, City officials, Commissioners and City staff have been involved with this project. The Planning Division and the consultant have formulated the concepts and ideas from these groups into a plan and policies that are reflective of this progressive City. 1999 Land Use Plan During the planning process for the Land Use Plan, there were a number of meetings that involved citizen input. Three neighborhood meetings along with an open house held in November have assisted the Planning staff and consultant to create the current plan. The Planning Commission adopted the Policy Statements on December 22, 1998. They also reviewed the Land Use Plan on three separate occasions including a planning workshop held on January 6, 1999 and adopted the Land Use Plan at their January 12, 1999 Planning Commission meeting (see attached Planning Commission memo). In order to understand the following information, it is important to know the densities of the residential land uses designated on the plan. Staff has added an additional residential category to recognize the 6,000 square foot lots found in Dakota County Estates, East Farmington and the existing residential areas in Downtown Farmington. The new designation is low/medium-density residential. The density levels for all of the residential land uses are shown below: Low Density 1.0 to 3.5 units per acre 4.5 PUD Low/Medium Density 2.5 to 5.5 units per acre 7.0 PUD Medium Density 5.5 to 14.0 units per acre 16.5 PUD High Density 14+ units per acre 18.2 PUD The attached tables show the existing land use inventory and the proposed land use acreages for the City. Also attached is the City Council presentation on September 8, 1998 describing the visioning statements that were formulated from the visioning workshops in July 1998. The City of Farmington has participated in the Metropolitan Livable Communities Act Local Housing Incentives Program since 1995. This program requires cities to set goals for affordal)le and life-cycle housing within its residential districts. In 1997, the City of Farmington established a life-cycle housing goal within the range of32-36% of the City's total housing stock to be multi-family. In 1999, the multi-family housing stock is at 26%. The additional medium to high-density land uses shown on the proposed Land Use Plan constitute 32% of the total housing stock as multi-family, meeting the goals of the Livable Communities Act. The Planning staff has divided the Land Use Plan into six separate districts in order to discuss each district in detail. The districts include the North Central, North East, Central, Industrial/Business Park, Downtown and West Rural districts. Each district will be discussed below. District 1 - North Central This district is located in the north central portion of the City and contains a large percentage of fully developed low-density residential along with areas for expansion of the low-density residential land use. Pockets of medium to high density residential surround a relatively small commercial area. The commercial area is located between Upper 182"d Street and Elk River Trail on the east side of CSAH 31. Dakota County Estates consists of existing low-medium density residential and the land use is proposed to expand to the east to the North Branch floodplain. City parks, natural open spaces and a school make up the remaining land uses within District 1. Additional low-density residential is proposed to the west of the current MUSA line and is proposed to culminate at the natural open space on the western border of District 1, 2 providing a natural border between developed and agricultural lands. This additional land use pattern is consistent with existing land uses and attempts to maintain and enhance the residential character of the district. The North Branch of the Vermillion River floodplain takes up most of the northeastern portion of the district, eliminating the potential for development within the floodplain. Developers in this area have obtained new floodplain information and show designations of a smaller floodplain area; however, the City will only formally revise the floodplain upon receipt of a letter of map revision from FEMA. Medium-density is shown in the northeastern corner of the district, outside of the North Branch floodplain and within the current MUSA area. This constitutes a portion of the 32% of multi-family housing stock required by the Livable Communities Act. The property is landlocked at this time, however, with the potential for CR 60 on the north or an accessway to the west crossing the North Branch, the proposed location of medium- density residential next to the CP rail line is possible. The southeastern comer of the district consists of low-density residential, natural open space and City parkland. The strip of land on the east side of Limerock Ridge showing natural open space coincides with the City's vision of maintaining natural features. In this case, an existing twenty-percent slope consisting of oak and hardwood trees will remain undeveloped in order to meet this vision. The wetland area to the east will also be preserved and parts of the wetland area may become City parkland as shown on the eastern border of the district. District 2 - North East This district is not within the City limits at this time, however, because of the owner- petitioned annexation request by the property owner, discussions concerning an orderly annexation agreement will soon be finalized with Empire Township. The district consists of 960 acres of land and with the approval of the orderly annexation agreement, the property will be annexed into the City sometime after the year 2001. The property currently resides in agricultural preserve and this designation will expire in the year 2001. The district offers a variety of land use choices because of the existing rolling topography and the accessibility potential from Trunk Highway 3 on the eastern border, the proposed roadways of CSAH 60 on the northern border and County Road 64 on the southern border forming boundaries of the property on the north and south respectively. A large portion of the district is proposed for low-density residential. Medium-density residential and business designations are also shown within the district, however, these are considered "floating zones" at this time, because of the pending outcome of the orderly annexation agreement. The "floating zones" are being shown in areas where potential transportation access will occur and along the rail line where medium-density 3 residential uses can perform as a buffer between low-density residential and the CP rail line. The final land use is the natural open space that consists of the North Branch and its floodplain. This use will assist in buffering the low and medium-density residential areas from the rail line and will provide natural areas for walking trails and passive recreation. The business area is located along Trunk Highway 3 and the proposed location of County Road 60 because of the accessibility potential in this area. The land use will only support smaller neighborhood business uses and will not detract from the downtown business area. This area will provide convenience-type services that may be accessed by walking or through short vehicle trips. District 3 - Central This district consists of a wide variety of land uses. The district primarily consists of natural open spaces and a City park. The natural open space involves much of the Middle Creek drainage way on the southwestern portion of the district along with drainage ways from the north connecting to Middle Creek. A large wetland feature located in the center of the district has been designated as a protected wetland. The low-density residential areas consist of fully developed areas as well as proposed low-density land uses. The Pine Knoll and Riverside Estates neighborhoods are almost completely built-out and the larger lots to the east of Akin Road also consist of existing low-density residential. The proposed low-density areas are shown in the northwestern and central portions of the district. These areas provide a wide range of topography including rolling hills and steep slopes and also consist of large masses of existing tree stands. Additional low-density residential is located outside of the existing MUSA line of the western edge of the district and culminates at the natural open space area between potential developed areas and the existing agricultural lands to the west. The medium and high-density residential uses are shown along major thoroughfares for access needs. The land uses also surround neighborhood business designations and the City's central maintenance facility location. Independent School District 192 has stated that they desire medium to high-density residential uses to be located within a reasonable walking distance to nearby schools to reduce the need for busing students in densely populated areas. The restricted development land use designation on the eastern side of the district relates to the vision of preserving natural areas, while creating passive and active recreational areas and utilizing its location as a central community gathering point between the northern and southern sections of the City. The area may be utilized as a residential golf 4 course community, a multi-user trail system, a small lake or a community center to provide recreational, social and residential opportunities for the City. District 4 - Industrial/Business Park This district consists of two major land uses including industrial designations and a new designation identified as the business park. The industrial land use within this district consists of existing uses as well as proposed areas that are currently vacant. All of the industrial land uses reside north of CSAH 50 and extend west of the future CSAH 31. The original designation of industrial uses was bounded by Akin Road on the east and the future CSAH 31 on the west. Additional industrial land is proposed along the west side of CSAH 31 to meet the needs of 303 acres of industrial land use needed to the year 2020. The accessibility to CSAH 31 and 50 is a logical location for this type of land use. The business park land use is a new designation within the City of Farmington. The business park will offer a variety of opportunities for start-up businesses, high-tech offices, high-tech industries, hotels and restaurants within its proposed boundaries. This area will be developed based upon a master plan that will illustrate how various uses will work compatibly with each other in this area. Most likely, the high-tech offices, hotels and restaurants will be located in the southern portion of the district near the Vermillion River corridor. This area will require increased architectural and landscape standards and can utilize the Vermillion River corridor as a natural trail system for recreational opportunities connected to the offices and hotels as well as the utilization of the scenery for restaurants and hotels. The northern portion of the business park area could be utilized for commercial spaces as well as high-tech industrial or start-up businesses. It is important to note that this entire area will be crucial for the enhanced appearance and progressive future for the City. Architectural elements will need to be increased as well as landscaping standards and a well-planned interior roadway system must be designated within the area, all combined to provide a functional and aesthetically pleasing atmosphere. The area can also become the corner stone for attracting major industrial and business companies to the City. District 5 - Downtown This district consists of the original downtown of Farmington as well as recently developed areas such as East Farmington, Bristol Square and Glenview Townhomes. Once again, the district constitutes a variety of land uses, the most prominent being the low/medium-density residential land use comprising most of the single-family homes in close proximity to the downtown business area. Additional low/medium-density is 5 located within the East Farmington development because of the existing and proposed 6,000 square foot lot configuration. The existing business district is proposed to be expanded to the north along Third Street to the Vermillion River and will provide additional land area for potential business uses. The business designation is also proposed to expand to the east and west along Elm Street and will re-designate existing low-density residential into business uses. The business designation in these locations is for the purpose of expanding the business center in order to maintain the downtown business district, provide accessibility to the uses and redevelop older residential property to business uses. The pockets of industrial land designations within the downtown area have been decreased due to the need for expansion of the business district and expansion of medium to high -density residential areas in the district. The industrial designation between Main and Pine Streets has been re-designated to high-density residential and business uses because of the need for redevelopment of either older homes or business in this location. The new designations of high-density residential and business are compatible with the existing industrial uses due to the density and characteristics of each new designation in this area. Vacant property within the current MUSA includes the property south of CSAH 66 that is proposed for business along TH 3, medium-density along CSAH 66, high-density adjacent to the business use and low-density at the eastern portion of the site. Other vacant property within the current MUSA includes the remainder of the East Farmington Development. Property outside of the current MUSA line includes medium-density designations along TH 3 and south of Dakota Electric along Denmark Avenue. The final area outside of the MUSA within this district includes two separately owned properties on the west side of Denmark Avenue, south of the existing fire station. The proposed land use designation shows low and medium-density land uses for the two properties. These designations are reflective of the recommendations by the Planning Commission at their January 12, 1999 meeting. Their comments dealt with showing low- density residential across the street from Farmington High School and they directed staff to show the medium-density residential land use along Ash Street in order to gain accessibility from a minor arterial. City staff originally showed this area as medium-density along Denmark Avenue and low-density towards the west to utilize the open space from the Vermillion River corridor. A business land use was also shown at the intersection of Ash Street and Denmark Avenue to provide services within walking distance of existing and proposed neighborhoods. The Planning Commission considered this business area as detrimental to the downtown business district and directed staff to remove the area from the land use plan. 6 Staff is encouraging the use of small neighborhood business uses within certain areas of the City to both service neighborhoods and provide businesses within walking distances of the neighborhoods. It remains staff s position that the business area at the intersection of Ash Street and Denmark Avenue would be an appropriate land use designation within the context of previous staff discussions on transportation and neighborhood business servIce zones. District 6 - West Rural This district contains most of the agricultural lands within the community. This relates to the vision to maintain and enhance the existing rural character of the City and provide a buffer of open space between the developed City of Farmington and the City of Lakeville. The district will be maintained as working farms and is designated as agricultural/urban reserve. The urban reserve areas will not be developed until after the 2020 time frame, however, the owners of property in this area wanted to have the opportunity to develop their property in densities of 1 unit per 10 acres if City infrastructure was available to the property. These situations will be handled on a case by case basis and growth in this area will be limited. Land Use Policies The policy statements are derived from the information formulated at the Visioning Sessions held in July of 1998. The policy statements propose a definite course or method of action selected to guide and determine the present and future decisions concerning the community. The policies will be utilized as a "yardstick" against which proposed ordinances and programs can be measured. The policies deal with land use, natural resources, housing and staged development. In an overall review of the policies, several statements remain constant. The City of Farmington wants quality controlled growth, the maintenance of the small town character, the concept of a central area for community connection, the need to provide available land for housing, business and industrial uses, the need to provide housing for all income levels, the need to preserve the working farms while creating a natural buffer and the need to preserve natural resources and river corridors. City staff requests the Council review the policy statements and provide comments and recommendations to staff. ACTION REOUESTED Review the proposed 1999 Land Use Plan and Policy Statements and make recommendations to City staff. 7 Respectfully submitted, t#e~ Lee Smick, AICP Planning Coordinator 8 City of Farmington 325 Oak Street. Farmington. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cl.larminJfon.mn.us TO: City Planning Commission FROM: Lee Smick, A1CP ;1rJt} Planning Coordinato~ SUBJECT: 1998 Comprehensive Plan Update- Land Use Map DATE: January 12, 1999 INTRODUCTIONIDISCUSSION At the January 6, 1999 Planning Commission workshop concerning the proposed 1999 Land Use Map there were numerous revisions to the map recommended by the Commissioners. The following is a listing of the recommended revisions addressing Commissioner's concerns. 1. Distinguish in greater detail the colors designated on the map between Low- Density and Low/Medium-Density. 2. Distinguish the North Branch and the Vermillion River on the map in order to meet the vision of utilizing the river banks as aesthetically pleasing opportunities. 3. Relocate the Medium-Density on the Neilan Property to the north side of Ash Street to utilize the proposed minor arterial and eliminate the Medium-Density along Denmark Avenue across from the single-family residences and Fannington High School and redesignate the north half of the property as Low-Density. 4. Relocate the commercial strip o~ the west side of the realigned Pilot Knob Road to the Seed/Genstar property as a "floating" land use within the 950 acres and relocate the Medium-Density to front along Pilot Knob Road with the knowledge that the Medium-Density acreage may decrease depending on how the City meets the Livable Communities Act requirements. - 5. Relocate the Medium-Density on the Babe Murphy Property and the Reisinger Property on either side of Akin Road to the Seed/Genstar Property as a "floating" land use within the 950 acres. The Murphy and Reisinger properties are redesignated as Low Density. 6. Show the Riverbend Property owned by Genstar as LowlMedium Density to correspond with the LowlMedium Density located in Dakota County Estates. Dakota County Estates is developed at 4.17 units per acre falling within the LowlMedium Density requirements. 7. Meet the Livable Community Act requirement by locating 32% Medium-Density residential within the 950 acres of the Seed/Genstar Property. 8. Show parkland and a public school site as a "floating" land use within the 950 acres of the Seed/Genstar Property. 9. Minor land use changes at Hickory and 8th, Elm and 5th, Walnut and 8th and locate the Business (Neighborhood-Business District) land uses throughout the community . The attached map reflects the above changes proposed at the January 6th Planning Commission workshop. It was recommend by the Planning Commission that the Land Use Map be presented at the January 12, 1999 Planning Commission meeting for final review and adoption of the map. ACTION REQUESTED Approve and adopt the Land Use Map as an element of the 1999 Comprehensive Plan Update and forward it to the City Council. Respectfully submitted, Lee Smick, AICP Planning Coordinator land Use Total Acres Percent of Total Business 104.42 1.18% Business Park 176.26 1.99% Environmentally Sensitive 1470.88 16.57% High Density 86.51 0.97% Industrial 329.59 3.71% Low Density 1886.33 21.25% Low/Medium Density 368.91 4.16% Medium Density 464.92 5.24% Public Park/Open Space 446.73 5.03% Public/Semi-public 275.49 3.10% Restricted Development 312.67 3.52% ROW 720 8.11% Urban Reserve 2232.29 25.15% 8875 100% Source: City of Farmington Existing land Use Total Acres Percent of Total Agriculture 1120 14.20% Agriculture Preserve 1275 16.17% Existing Commercial 36 0.46% Vacant Commercial 25 0.32% Existing Industrial 189 2.40% Vacant Industrial 330 4.18% Existing Low Density 1016 12.88% Vacant Low Density 800 10.14% Existing High Density 41 0.52% Vacant High Density 182 2.31% Rural Estate 168 2.13% Natural Open Space/Water 1315 16.68% Park Space 430 5.45% Public/Semi-Public 304 3.85% ROW/Misc. 655 8.31% 7886 100.00% Note: 989 acres exist in the Genstar annexation petition (950 acres of property/39 acres of existing ROW) January 20, 1999 ~ o .~ ~ cd ~ 8 5 ~ rJJ. oo(]) ~ ~ .~ ~ E~ ro u ~ S ~ 0 oU c~ . ---01 ~ ,......., . ~ UU I I ~~ ~~ ~~ 00 0\ 0\ ~ "" i3 00 ~ (]) ~ S (]) ~ ~ (]) rfJ. 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The proposed change would involve changing the name to the Dakota County Community Development Agency and that it be authorized to exercise both the powers of a Housing and Redevelopment Authority (HRA) and an Economic Development Authority (EDA). DISCUSSION In addition to the name change from Dakota County HRA to the Dakota County Community Development Agency, the special legislation (copy attached) would allow the agency to exercise the following powers: . Creation of Economic Development Districts (which would have to meet the physical requirements of a tax increment redevelopment district). Within these districts an EDA may (a) develop and improve land to make it available for economic development uses and purposes, (b) buy, sell, or lease land, fill, grade, and protect the property. . An EDA may participate with nonprofit or private entities to provide seed or venture capital to small businesses. . An EDA may mix and match powers and purposes such as using industrial development bond financing for HRA and EDA purposes. . An EDA has the power to levy a somewhat higher tax levy utilizing HRA levy procedures. This higher levy would be used for their Senior Housing Program. In addition to these powers, Dakota County is proposing in their special legislation a sales tax exemption for construction materials for affordable housing, waiver of certain Metropolitan Council water and sewer access charges for affordable housing projects, and fewer restrictions on the sale of tax forfeited land. The County HRA indicates that is not their intent to assume economic development activities currently being undertaken by cities. They also propose to obtain city approval of the location of housing and economic development projects it undertakes. However this proposed change would allow the County to assist cities on certain economic development projects that currently they would be unable to become involved with. The County HRA is seeking comments or suggestions from cities in the County that can be forwarded to the County Board which has not acted on this proposed legislative change. These comments could also be utilized in support of the proposed changes at the State Legislature. Staff has discussed this requested change with County HRA staff. Based on these discussions, City staff sees no reason not to support this requested change. BUDGET IMPACT None ACTION REQUESTED Authorize a letter to be submitted to the Dakota County HRA in support of their proposed special legislation seeking Economic Development Authority powers. ReS/1SU~L- ~~L,? Community Development Director l(OTA COUNTY Housing & Redevelopment AuthoriLy 651-423-4800 2496-145th St. W. . Ro,cl11ount, MN 55068. T.D.D. 651-423-8182. FAX 651-423-1273 January 14, 1999 John Erar, City Administrator City of Farmington 325 Oak Street Farmington MN 55044 Dear John: The Dakota County HRA is developing a iegislative proposal to amend the special law that created the HRA. The amendment is intended to position our agency to help Dakota County and its cities meet their community development needs in the next century. We are seeking input from the City of Farmington on this initiative. The Dakota County HRA was created by special law in 1971. Since that time, the role of the agency has grown. The HRA now administers thirty-three programs ranging from federally funded public housing and rent assistance to locally financed housing development, redevelopment and, at the request of cities, economic development projects. To accurately reflect the full range of housing and community development services we provide, the HRA is proposing to change its name to the Dakota County Community Development Agency. The "new" Community Development Agency would retain the existing governing structure of seven commissioners appointed by the Dakota County Board of Commissioners. In addition to changing the name of the agency, the HRA also proposes that it be authorized to exercise both the powers of a Housing and Redevelopment Authority (HRA) and an Economic Development Authority (EDA). HRA's already have most of the powers of an EDA, but use them for housing and redevelopment purposes. The proposed change would allow the HRA, upon request, to also exercise its powers to finance projects developed on raw land. Attachment A details powers that an EDA has beyond existing HRA powers, plus summarizes additional changes proposed in the special iaw. A redlined draft of the proposed special legislation is attached as Attachment B. It is not the intent of the HRA to assume the economic development activities currently being undertaken by your city. Thus, the Community Development Agency would continue to obtain city approval of the location of housing and economic development projects it undertakes. However, if your city requested the HRA's assistance in financing or undertaking an economic development project, the new powers of the Community Development Agency would allow us to assist you. "AN EQUAL OPPORTUNITY EMPLOYER" The HRA Board of Commissioners provided concept approval for this legislative initiative. The The Physical Development Committee of the Dakota County Board of Commissioners discussed the Community Development Agency proposal on January 12, 1999, and will reconsider it in early February. I would very much like to incorporate your comments and suggestions if you have any. Please do not hesitate to call me at651-423-4800, e-mail meatmulfers@dakotahra.state.mn.us. or send your written comments. Thank you for taking the time to review this proposal. rMce:tQ< Mark S. Ulfers Executive Director ATTACHMENT A PROPOSED LEGISLATION FOR THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY The Dakota.County HRA is proposing to change its name to the Dakota County Community Development Agency. In addition to changing the name of the agency, we also propose that we be authorized to exercise both the powers of a Housing and Redevelopment Authority (HRA) and an Economic Development Agency (EDA). The expanded powers would allow us to exercise the following powers of an EDA: ~ Economic Development Districts. An EDA may create an "economic development district" but such districts are required to meet the physical requirements of a tax-increment . redevelopment district, as defined in Section 469.174, Subd. 10. Thus, any economic development district created by an EDA must meet the following requirements: 1. Parcels covering 70% of the area of the district must be occupied by buildings, streets, utilities, or other improvements and more than 50% of the buildings must be structurally substandard; or 2. The property must consist of vacant or underused railyards, rail storage facilities or vacated railroad rights-of-way. Within these districts an EDA may (a) develop and improve land to make it suitable and available for economic development uses and purposes, (b) buy, sell or lease land, fill, grade and protect the property; and (c) do anything necessary and expedient to make it suitable. ~ Seed Money. An EDA may participate with nonprofit or private entities to provide seed or " venture capital to small business. An EDA may use the lesser of 10% of available annual net income or $1,000,000 annually for this purpose. An EDA may participate in a seed or venture capital fund, but its participation is limited to not more than 25% of the funds provided for venture or seed capital by all of the entities involved in the program. ~ Mix and Match. An EDA may mix and match powers fu'1d purposes. It may use industrial development bond financing for HRA and EDA purposes, or visa versa. ~ EDA Levy. An EDA has the power to levy a somewhat higher tax levy utilizing HRA levy procedures. This higher tax levy would be dedicated to our Senior Housing Program. In addition to adding the above-outlined EDA powers to the Dakota County HRA statute, we propose: ~ Sales Tax Exemption. A sales tax exemption on construction materials for affordable housing. , , ~ Waiver of Certain Charges. A waiver for affordable housing developments of certain sewer and water access charges imposed by Metropolitan Council. ~ Tax Forfeited Land. A change in the priority process which would allow the Dakota County Community Development Agency to be given a priority in the acquisition of tax forfeited land. Undercurrent law, the HRA acquires tax-forfeited land from the state, and typically transfers it to private ownership. Upon transfer, outstanding special assessments are paid to the cities. However, the HRA must sell it with use restrictions and a "right of reverter." This makes the property less marketable. The proposed change would give the HRA cleaner titles to tax forfeited property and expand the uses of the property. Both features would enhance payment of outstanding special assessments. . , ATTACHMENT B 1 A~~an~ 2 changing the name of the Dakota County Housing and Redevelopment Authority, and 3 amending Minnesota Statutes, section 383D.41. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 5 Section 1. The name of the Dakota County Housing and Redevelopment Authority shall be 6 changed to the Dakota County Community Development Agency. 7 Section 2. Minnesota Statutes 1998, section 383D.41, subdivision 1, IS amended in its 8 entirety to read: 9 Subdivision 1. Housing and redevelopment authority. There is hereby created in Dakota 10 county a public body corporate and politic, to be known as the Dakota county housing and 11 redevelopment authority, having all of the powers and duties of a housing and redevelopment authority under sections 469.001 to 469.047; which act applies to the county of Dakota. For the 13 purposes of applying the provisions of the municipal housing and redeT;elopment act Chapter 469 to 14 Dakota county, and subject to the provisions of this section, the county has all of the powers and 15 duties of a municipality, the county board has all of the powers and duties of a governing body, the 16 chair of the county board has all of the powers and duties of a mayor, and the area of operation 17 includes the area within the territorial boundaries of the county. 18 Section 2. Minnt:!sota Statutes 1998, section 383D.41, subd. 2 is amended in its entirety as 19 follows: 20 Subd. 2. This section shall not limit or restrict any existing housing and redevelopment 21 authority or prevent a municipality from creating an authority. The county shall not exercise 22 jurisdiction in any municipality Y/here a municipal housing and rcdey;elopmcnt authority is established. 23 A municipal housing and redevelopment authority may request the Dakota county housing and 2 . redevelopment authority to handle the housing duties of the authority and, in such an event, the 25 Dakota county housing and redevelopment authority shall act and have exclusive jurisdiction for 26 housing in the municipality pursuant to sections 469.001 to 469.047. A transfer of duties relating to 27 housing shall not transfer any duties relating to redevelopment. 28 Section 3. Minnesota Statutes 1998, section 383D.41, subd. 3 is amended in its entirety as 29 follows: 30 Subd. 3. If any housing proiect. er-redevelopment project or economic development proiect is 31 constructed in Dakota county pursuant to this authorization, and such project is within the boundaries 3 of any incorporated home rule charter or statutory city, the location of such project shall be approved 33 by the governing body of the city, and anv municipal housing and redevelopment authoritv established 34 for such city which has not previously requested that the Dakota County Housing and Redevelopment 35 Authority handle the housing duties of such authority. 36 Section 4. .Minnesota Statutes 1998, section 383D.41, is amended by adding the following 37 subdivision 6: 38 Subd.6. Dakota County Community Development Agency. From and after January 1. 2000. 39 the Dakota County Housing and Redevelopment Authority shall be known as the Dakota County 40 Community Development Agency. and in addition to the powers granted elsewhere in this Section 383D.41 shall have the powers of an economic development authority under Minnesota Statutes. 42 Sections 469.090 through 469.1081 and the powers of a port authoritv under Minnesota Statutes 43 section 469.059. Subd. 10 and 11: provided. however. that the Dakota County Community 44 Development Agency may not levy the tax described in section 469.107. by may levy the special tax 45 described section 469.033. subd. 6 in an amount not exceeding 0.01813 percent. or any higher limit 46 from time to time authorized under section section 469.107 or 469.033. subd. 6. The Dakota County 47 Community Development Agency may exercise any of the powers granted to it under sections 48 469.001 through 469.047.469.090 through 469.1081. or 469.059. subd. 10 'and 11. for the purposes 4 described in any of such sections. 50 Section 5. Minnesota Statutes 1998, section 383D.41, is amended by adding the following 51 subdivision 7: 52 Subd. 7. Nothwithstanding any other provision of law. the Dakota County Community 53 Development Agency shall be exempt from the payment of: (a) sales tax on construction materials 54 and equipment acquired: and (b) the portion of any sewer access charges and water access charges 55 which is ultimatelv pay~ble to the Metropolitan. Council: in connection with the development of 56 housing development proiects which are intended for occupancy by persons and families with incomes 57 at levels required for proiects receiving low income housing tax credits. or which constitute a 58 qualified housing development proiect. F , , City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us / /0- TO: Mayor, Councilmembers and City Administrato~.?1L Joel Jamnik, City Attorney FROM: SUBJECT: Council By-Laws - Language Revision DATE: January 19, 1999 INTRODUCTION At the last Council meeting the Council approved the Council by-laws, but requested that staff review Section X, Subd. 3., which provides for expense reimbursement for clarification purposes. DISCUSSION Subd. 3 of Section X of the Council By-Laws establish the procedure for processing expense reimbursements. As drafted and submitted to the Council at its last meeting, one of the paragraphs referenced other by-law sections that either were previously repealed or which were erroneously cited. While I have been unable to discover what those provisions might have been, they seem to have addressed the issue of advances and retroactive ratification of training expenditures. After reviewing the section, I suggest Council consideration of the following amendment to simplify the section: SUBD. 3 - Procedure: A. A request to attend an official function. or to request reimbursement for attending an official function shall be submitted to the City Council on an authorized form for consideration as soon as reasonably possible. B. The Council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C) are met. or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for Council action provided that the conditions under Section j\. (1)(2)(3) and (4) are met except as follows: 1. Reimbursements for expenses may be submitted for Council consideration provided that the conditions set forth under Subdivision 2(A)(B)(C) are met, and that no regular meeting falls between the time of notification and the function. 2. The Council may advance the estimated cost of traveling to and attending the function, provided that the person submit~ a list of itemized authorized expenditures, and reimburse the City for any unused portion. BUDGET IMPACT Since these are basically technical or grammatical changes, there should be no budgetary impact. ACTION REQUESTED Consider amending the proposed by-laws as presented above. Respectfully submitted, ~cYr'~ Joel J. Jamnik City Attorney City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us lib TO: Mayor, Councilmembers and City Administrato~ FROM: Joel Jamnik, City Attorney SUBJECT: Council By-Laws - Research Issues DATE: January 19, 1999 INTRODUCTION At the last Council meeting, Council Member Cordes raised a question regarding the authority of the Council to compel the attendance of elected and appointed public officials at public meetings and other official functions, and/or the authority of Council to take actions to cause removal of such officials for unexcused, chronic or long-term meeting absences. DISCUSSION Several years ago while I was employed at the League of Minnesota Cities, the League Research Department collaborated on a "Did You Know" column regarding this particular issue. Although it focused on councilmember absences, it has broader application in some respects to other city officials. Written by Peter Tritz, then the League's Research Director, it discusses the various options available for consideration. It should be read prior to continuing with this cover memo, as should the attached Attorney General Opinion from 1953 . Since the writing of the 1991 "Did You Know" column, there have been several developments regarding Councilmember absences. First, several court cases have considered and refined the charter city authority to provide for recall. Without fully discussing these cases, they can be summarized as continuing the restrictive view of recall. Consequently, there is little appeal to convert to a charter city form of government in order to gain recall authority. Second, due to the temporary hardships experienced by some cities and counties when councilmembers or their family members were stricken with illness, the legislature in 1996 authorized a procedure to declare a temporary vacancy in some situations. However, none of these developments have resulted in a completely satisfactory solution to the problem or potential problem when councilmembers are involved. Perhaps this is due to the many different fact situations which can account for councilmember absences, but it also is clearly related to the hesitancy to overturn the decision of the electorate in selecting the individual as their councilmember or mayor. For other city officials, particularly those appointed by the Council, there may be more latitude. The City's ordinances allow removal for cause in many circumstances, such as with regard to the Planning Commissions. Repeated absences would constitute cause in most situations. Additionally, many of these appointed positions are considered annually by the Council, thus limiting the scope of the problem in that the Council is under no obligation to reappoint any commission or committee member. Most cities have focused on compensation and expense policies as a means of providing an incentive or removing financial disincentives, but this does not appear to be a significant problem in Dakota County cities. My office contacted Lakeville, Apple Valley, Burnsville, Lakeville, and Rosemount regarding their respective actions in this type of situation but found that none of these cities have addressed this issue, primarily because attendance at council meetings has never been a problem, and subordinate committees are relatively easily managed through the Council appointment power. BUDGET IMPACT There are varying budgetary impacts associated with each option discussed in the League memo. ACTION REQUESTED Presented for Council information only. Council may wish to study the attached information and schedule a workshop to more fully discuss the ramifications of pursuing a Council By-Law removal provision. Subject to statutory provisions, my office is prepared to proceed in whatever direction Council so chooses in this matter. Respectfully submitted, ~~~ Joel J. Jamnik City Attorney 01/14/~9 !BU 09:10 FAX 612 452 5550 III'. I . CAMPBELL III 002 Gen'l & spec. Me~O 5-1-91 League of Minnesota Cities 183 Uni~ersity Ave. East St. Paul, MN 55101.2526 (612)227.5600(F~:321~86) What can cities Co About The council'Jllember Who Doesn't come TO Meetinqs? occasionally cities run into the pro~lem of a council member ~ho W'on't or can't attend cou.ncil. 'JII,setings.. sO'lllet:'.;i.:m.es a counei1 member is unavailable for an extended period, perhaps beoause he or she goes south for the winter. Sometimes a council meltiPer might be trying to prevent ~e co~cil from acti~~ on ~ eon~roqersial issue by ~~in9 su~e ~here's not a quo~ present. er the member might simply not be intere5ted i~ perfo~in9 his or hs)': duties- If a council ~ember consistent1y ~isses meetin9s, the first thing to 'try xuight be to talk to him or her aboUT:. ;Lt, a.nd SU99Qst that the m~~er r.siqn if be or she can't fulfill ~e Qu~ies of ~he position. (The December, ~987 ~Did YQU kno~..? column discusses the procedures for resigning from the council.) But if ~he member isn't willin~ to resign, there doesn.t see. to be any simple or fool-proof solu~ion ~o ehis problem. There are some ways to create incentiveS to attend meetin9s. There are also some possible re~edies that are so draconian that proba~ly fe~ cities will ~ant to use them~ In a seriOU5 enoug~ situation it may be pocaible to replace ~ m~er who consistently fails to perform his or her duties. We'll try to discuss the possibilities in this art1cle.. cQuncil compensation Unless it's spec1tieally written into the ordinance setting council salaries, the city probably can't aock a council ~ember's p~y for non-attendance. The Hinnesota courts have repeatedly held that .the cODpensation annexed to a public ottiee is inciden~ ~o ~he title to the office and not to its occupation or e~ercise.. See for example Rlan Va Henne~in county, 224 Minn 444, 29 NW2d 385 (1947). Thus, if ~he city'S council salary ordinanee establishes a monthly or annual salary for council ~embers, the .ember is entitlea to redeive that sa lary whether he or she attends ltlseting's o;r: not. S.u. 1tJ. S. 4,114 17, S..},JIO , ASWl";'" However, if the ordinance it~elf sets council compensation at a I~~~. specified amount per meeting attended, this problem doesn't ari$e. ThUS, setting salaries on a per-meeting rather than a par-~onth basis may encoura~e members to attend meetin9's+ Of cour$e council salaries in Many Minnesota cities are quite low, so the threat of losing that ~ini.al compensation ~ay not be much or a motivator in practice. 01/14/99 THU 09:11 FAX 612 452 5550 CAMPBELL III 003 -' ' . 2 Puni$bment ~or meatin $ statutory e ties have the power t.o punish non-attendance at. council meetinqs. X.S. 4~2.191, suba. 3. Hany eharters ~ontain similar authori1:y. Sinc::e the stocks, the rac::k, and the Clucking stool are no lon9er available, a systQm of fines is probably the only practic_l punishment option ~e city has. ~f the city ~ants to use this' approach, the city shou~d rlrst adop~ an ordinance or rule establisbing a system of fines for missing meetin9s. Due process (as well as a common sense notion of basic fairness) would raquire ~bat a person have a chance to be aware in advance of the peftalty. The council will also need to consider ho~ these fines or penalties vill be enforced. One possibility might be to specify in the ordinance settinq council salaries that any penalty imposed ~ay ~e 4educte4 froD the member's compensation. Otherwise, the eity wo~14 proba~ly have to ~ring a legal action (possi~ly in conciliation cour~) to ~ollQc~ the fine if the meaber didn't pay it voluntarily. In a rather odd opinion many years ago, the Attorney General indicated that the ei~Y could p~nish a m~~~er by ~reprimanain~. ,bi. or her for ~issin9 meetings- A.G. Cp. 471-~_ January 21, 1942. Apparently this would a~ount to passing a resolution sayin9, in effect, .yoU are hereby repri~nd8Q by the council for =issing meetings.- The council would have ~o deeide ~hether this kind of hortatory pronouncement vould really accoDplish anything; perhaps wi~h enoush publicity it Eight create some political pressure for a ~ember to get se~ious a~out his or her duties. Compellinq attendance The $ta~u~es also give a statutory city council the authority to 'co~pel ~e attendance of memeers.' Neither the courts nor the Attorney General seem to haqe given any guidance as to exactly ho~ this pover is to be exercised. So~e ~ery 014 decisions frdm other states hB~d that under this kind of statute the council could order police officers to ~rin9 the absent members in forci~ly. However, the press gang approach doesn-~ rea11y seem a go04 way to build a qood working relationship aMong ~mbers; and in any event the liability ri$ks alone (e.q., invasion of privacy, battery, false arrest, etc.) Seem enough ~o ru1e out the option of shan9haiing members. A more reasonable way to Nco~pel the attendance of members. might be throuqh a mandamus action. (Mandamus is a leqa1 procedure ~y wnieh the courts can order a public officer to perfor~ a specific duty of his or her office; see generallY Chapter 586 of the $tatu.tes.) The city, the other individual council ~embers, or ~ citizen probag1Y could bring a manda~us 01/14/99 THU 09:11 FAX 612 452 5550 CAMPBELL III 004 3 ac~ion to compel an individu~l council ~mb.r to attend mee~inqs- This approach might be appropriate 1 for ex~ple, in a situation where one or more council members were ~ing to Qlock the council from ac~in9 by .akin9 it impossible to attain - quor~.. The court can fine a p~lic official ~ho doesn'~ comply with the eou~'s order in a .andamus aotion, as well as awarding dam~ios a~ainst the official if that tailure has damaged $O~eone else. c1ty officials should consult the city attorney if it appears ~a~ this approach might be necessary. crimina1 ~analties M.S. 609.43 makeS-i~ a gross misdemeanor for a public oxficer to intentionally fail to perform a known ~andatory; nondiscretionary; .inisterial duty of his or her otti~e. A%:9Uab1y, attenainq council meetings lIli(jht fall into this ea~e9ory for coun~il _embers. However, criminal prosec~tion seemS an ex~r~ne remedy for fa11inq to attend council meetings, and p~obably few prosecutors will ~e interested in pursuing ~his kind of charge except in .n eX~re~e situa~ion. Note that a violation of ~his statute would also ~e a violation of ~he member's oath to ndischar~e faithf~11y the duties of hi~ office to the best of his judq~ent and ability.. c~~vietion would therefor create a vacancy in the office, pursuant to M.S. 35..l.02. Declarinq the office vaean~ ~~ A.prolonqed failure to attend meetings eou~d so~etimes be S&~ ~~ Srou~ds for tho council to determine that the offiee is vacant. ~~g~ The Minnesota Court has reco9Di~ed that an office can be -,JI- ~ abandoned. Sta't.e eX rel iSmallwood. v. windom, 131 Minn 401, 155 ~~~ NW2d 625 (19~5). The Attorney General has described abandonment ,~ as a form of resignation, and indicated ~at the officer's intent is a key issue in 4etermining whether ~bcre has been an abando~en~- A.G. Op. 4so-A-~~1 March 6, 1~57 (LKe 4~Si). Whether the office has been a~andoned is a question of fact that must be determined in eaoh case. BecaUse it's ultimately a question of intent, there is no cle~r ~le as ~o hoW lon~ a person must fail to perform his o~ her du~ies to constitute an abanaonment of office. A consistent failure or refusal to attend meetings or to perform the other duties of office ~i9ht be evidence of the member'S intent to abandon the office. But in statutory cities at least. mere absence ~y itself doesn't conclusively establish that the ~em~er has a~andoned the offi~e. A.G. Op. 434-A-2, July 14, 1955 (LHC 415b2). Thus for example, if illness or disability caused the member's absence, the absence probably ooulon't be ta~en as evidence of the Member'S in~en~ to abandon office. A.G. Op. 450-a-11, Rarch 6, 1957 (LK~ 41Si). Bu~ on the other hand if the wember is a~sent because he or she chooses to spend November throu9h April in Arizona, 01/14/99 THU ~9:!1 FAX 612 452 5550 CAMPBELL raJ005 4 arguably it .i9b~ be 8vi4ence that the member doesn't inten4 to continue to perfo~ his or her duties. If the ,remaining council membe~s feel that the absent member may have abandoned the office and thus c~eated a ~aca~cy. tbe council should pass a ~esolu~ion declaring the vacancy to exist. The Attorn~y General has indicated that beror@ declaring a vacancy, the couneil should give the member notice and a opportunity to ~e heard. A.G. Op_ 434-A-2, July 14, 1955 (LKC 415~2). If the me~er disaqrees, he or sbe oan ask the court to review the council.s de~er.mination. ' Many charters specifically ad4res~ this issue. For example. some charters provide that a vacancy in office exists if a council member is absant from the city or fails to p.rform the duties of o~~ieQ for a specified period, typica1ly ~wo or three aonths. (M.S. 375.101, subd. 3 esta~lishes a similar rule for CQUh~Y board members.) Another approach is to 5peclfy that a vacancy exists if the member misses ~ certain n~er of eonsecu~ive maatinqs. Whi~e provisions of ~is so~t ~~y add some clarity and certainty, cities still should be ca~tious in applying them. If the council membe~ has so.e valid reason fo~ missinq meetings, .n attempt to declare a ~ac.ncy solely on these qrounds might ~iolate Article VZZX, seotion 5 of the Minnesota constitution. Which prohibits removinq offioers .~cept for malfeasance or nonfeasance. A statutory city probably doesn't have the authority to adopt and enforce a binding rule that ~he position is vacant if the council ~ember is qone for ~ speoified period or misses a certain number of meetings. A.G. op. 434-A-2. JUly 14. ~955 (LKC 415b2). It mi9ht b. possible, thouqh, for a statutory city ~ouncil to specifY that continued absence for a specified period withou~ a valid reason ~lll be considered pri~. tacia evidence of an intent to ~bandon the office. Of course. the issue of whether the office bas been a~andoned would still have to be deeide~ based en the specifiC facts of the case. But it might be a little easier ~o prove that the member did in f~et intend to abandon the office if he or she kne~ in advance thae prolongad absence would be vieved as evidence of intent ~o abandon the office. Removing a council member The statutes don't provide any means by which the councilor anyone else can remove a statu~ory city council me~er from office. Thus. ence a statutory city counei1 Me~ber is electe~ and takes office, he or she remains in office for his or her full term unless he or she either resigns following the procedures specified in M.S. 351.01; abandons the otfice as 01/14/99 THU 09:12 FAX 612 452 5550 CAMPBELL III 006 5 ~escribe4 .~o~e; ceases to be a resident of the city; i5 convicted of an -infamous eri~W or a violation of the oath of ofticQ; or dies. M~S. 351.02. Abou~ h~lf of ~e city charters in Minnesota inelude provisions for -reca11-; i.e. a p~oe8ss b~ yhich the voters can remove an e~ec~.Q of~icial froa office. But these pro~isions may not rea11y mean much in prae~icR. The .innesota court has held that a council mem~er can be r~oved from office under recall provisions of a cha~te~ only if the officer has been guilty of ~~lfeasanee or nonfeasance in otfice, based on Artic1e VIII, Section 5 ot th~ Minnesota consti~ution. Jacopson v. Nafel, 255 Minn 300, 96 NW2d 569 (1959). Haweve~, nen-attendance a meetinqs mi9ht not al~ay's const1tute wnonfeasance-, ~he Court in Jacobsen described n~nfeasance as -neglect or refusal, without suf~ieient eXcuse, to do that which it is the officer's lQqii!ll duty to do.- 'rbus if a person was u.nable to attend ~e$tinqs beoausa of illness or disa~i~ity, the illness or disa~ility .ight vell be a .sufficient excuse-; ir so, the non-.tten~ance wouldn't constitute wnonfaasance~ and tbe memper couldn't be re.oved ~hrough recall. Note though that a confliet with the council member'S regular e~ploymen~ probably wouldn't be a ~sUfficient excuse"", since by law all emploYIiilJ:s mu.st alloW' an e~ployee ~ho is a ~ounc11 member t~me off to attend ~eetin~s- See M.S. 2~1B.10, subd. 2. In short, you can't recall a council ~e~er unless you can shoW that his or her non-attendance amounts to nonfeasance. But if you can show that, you could pro~ablY also show, using the sa~e racta, tha~ a vaaandY already exis~s because the Member has abandonee the Office. Thus, a charter's recall provisions miqbt provide another procedure that could ~ used to rap lace a council member; but in .any cases where reoall could actually be used, there ~euld probably be grounds for findin9 tb.t a v~cancy already exists because ~e me~er has a~andon$d the office. The political reme4Y While cities can use a nU~Qr of devices to enccuraga ~ouncil members to attend mee~ings or to replace me~ers that don't, none of these solutions are easy or foolproof; especially in porderline ~ituations. ~~ember though that ~he ~o~ers ulti~telY do ha~e the po~er ~e solve the problem when the member's term axpires. Of course, it's always possible that the voters may return to office a counoil .ember that has been less than punctilious about fulfillinq his or her duties. But if that happens, perhaps the best that can be said is that once again the citizens will get the government they deserve. PST - Did You ~no~ Minnesota cities 5/91 01/1_~.('~L...!!UL_~~: p FA~ 612 452 5550 CAMPBELL . 15 Uni:versi t,y or Minnesota Libran'. Bui141n8. M:inn!8e.~OJ.!.B .14.. tunne,l\IUWI llJ007 4151 *140," , . REKEDIES FOR NON-AfflNDANCE A.T v,ILL'AGB' COUNC~ KEETINGS Novem'b~TJ 1953 \ 1-1.....~3 COJ'ltent.$ 1. General tJiElcussion .. " .. . .. . .. .. iI .. . ~' 1 ,~ A. Remo'ftl. From Orfice" . '" .. . .. . .. oo" 1 B, CODlpe~ing Attendance o~ Put~i!!;hing 'Non-Attendance.. . .. .. . . . . . oooo 2 , , II. Sa!:1p1.e Co-uncil Rules To CQmpel At.ten- dance or Punish N~n-Attendanee ; ~.oo . .100 , ----..- I. g,e!!eral. Di"scussion In considering ~'What. t.e lie ~bout. ... village CQ\1noU JDeJn.ber 'who constan~ly f~ i,le ' to attend eouncil"~e~ings tn. .following oour~e, or ,action usuallY s~seJt th~~'- selves = ' ' , . , (ll Remcval.trom officei, . ~ ' (2 Compelling att.enclance at t.he, '!neetinSi (3 Punisbmeftt {or non-attendance. I' o! .' Each ot the8~ pos$ibil1ties is briefly discussed in this memorandum, Which aleo includes &uggest$d rules to ca~.l attenaanc~ an4 to puniph non-attendanee. ,', A. Remov~ Frain Oftice ~ . ;' Unli~. ..pp~;intec:!' ot!~,l;erS and' employees a eoun.::il ,member 1tl an elected v11lage official ""hc:a :~aJmot bt cU.reQ.tly re:tr1oYea by t.he village .::ouncil either .10'1:' .'cal,lse or otherwise 'unless 'eXpreeliS a~tho%"ity to that ef1"eet. ie> gl'an~ec! 'by '~~8tut.e. Stat.e ex reloo Bra.ndt v. Thompson (l.~u) 91 Minn. 279, 97 N.Woo 887. In th1.s stat.e there 1.5 no .t&tu.te g1"ant:j,ng ~~thoJ':i.ty to Z"emQve an elective village otf'.icial..eitheJ'" t.o the village (:O\U'lC!U Qr to lI,ny other officer or agencyool cr. OpooA.G. 12-1, FQtlruary S, 1952; Op.A.~. JUly 2, '1941. . . . ])eBpit.e ,t.he laek o~ ~ p~er t~ !eve against him directly,' however, something may' possibly b!2! done inclirectl::r to remove an incliff'erent GOUllcil merDber ~"'lQer ~~e vacancy ana other related sta.tutes, but. since :the council' me.tnber must first, be con- victed of a crime ~erore ~Jthing can be.aone un4er ~hege"lawsJ probably ver,y te~J it a.nY. village 'eoune1.l's wo\1l.d want t.o take su.ch drast1c: action merely because a.. cO'lmcil membe!'" stays away !:rDm meetings. Hovever this Day be, va~c1es in 818c- . tive village offices a1"8 tilled by the council tor the '\U1ey,pired. portion 0: the ". . e1eetive term (M.S.A. 212.34), a"d one of several di~~erent ~ve~~a Whioh ~:eateB a vacancy in the .office ot ccunci1ma.n is his conrlcticT.l of en :i:l!'QlDQUS crime or of any o!fllnae 1n~gl't'ing 8 "riolatioll ot hi-fi cttieial oa:i:.h. M.S.A. 351.02. Continu.~d. absencel:l from village ccn:tncil rD.eetUlga are not, or ccurss. a felony. and. - hence: ".. . they do.not constitute an infamous crime. nor. would faU\ll"e to attend. such '_stings 'because of ..il.1t1ess, co~11cts with busines... or t.he .1.:Uce '.amount t.o an of tenDS :in..' ''','' volving violat:ion ot 8 eouneil m&IIl'ber's oath. When t}.ey are ot.herwise ,ablt :to do: -:.' i10, however JI co~ei1. melf1DerS have a. _legalli1,lty to atte;ld. 'all. -counc1.l'lD.ostinge 'anci ";'" ..,.' 01/14/99 THU 09:13 FAX 612 452 5550 CAMPBELL . . '.' I " \,\I..,:.:.'..,.....I:').~.. ~':'.~~~..4:71-.:2~.,...,.~;",~,~.';'~'I'.,...~.~.'I~ '~I , , " . U ,~' " 1 .' ..:.;, -...... r,jll.:r~.::t ,o!!'j...~,~.-: l,.li.VII,\..,~":"..1:'''I.,':r,'t'.(,::.~!" ;.')i;. : .... ".'.. ,'I~:.~ .~.~;.~',::'.~~:..'~:~.'..i~.t"~.. .~.;:f~\,~...~~:~~~~I~~it~~:':~:~.~~.'~: ;",:,,;'~!'r{:.~ take rt. in coUncil': d.~il'tJ.ratlon.El~.yev~n.:~.~)i~(,II".ti~the:.. ?ire\ II '" going~n (CbIi1m. ex rel.:"RuS8..n";'~",';'Huii1ga~" ~~Pl'.': 4S (~~k~,:'Jur:r.a~,,: "~', ,. .....\/4B~y:>~~>\.~.~2,:: 6; S~at~ ex ~el... P.~ker. V., Seith J,lS'1Sl :'22 KiM.. 2l8~.,1'- ~~ ';~~~~~~M:~~~~.?c'f~~.':~ .:.::. perConn B dut.y enjo1nocl 1>,. 1a.., :'Ilpon'& public officer. all '~ll :'a8}.e"'.e:r~,~ealila.nce, :':',:. ' .in or!1ce~ is a gro,B8. ~~d:e.m.ea.t1or,.,: .M~S.A'. ,61~'.03 ~~d..:6~~,51,,;;:..~'!.~}:';~~'~:~~z.~;' ,".',", '( ,'. .: ::". . c~\lllc11Il'lembel" shoull:l :ael~~fI~at.ll?~:::,B,~aY'.~"'~7 tr.~..)D~E!lt1nip.":~~~il~:,~o~~'~.~'1:olll"D~,' :, .::/ hIDe wit.hout gooci ca'Llse or it .he 'DhoUlci .tail,to att.end thl'oU,gh'.'sbeu ,1nti.rteron~e: towa.rds his o.rrlcial responeib11it.i~&."1t. alight 'possibly .be .... tiegl~o~:"of' "duty' '. . within the meaning 'of that. .phrase as' it, is u,~~d. ill either or b.oth' ~t the$O :Laws (cr. ~tate v. Bl"att~d (1~41) '210'.H:1.ml. 214. 297 N.w. 'ro).. in which' ease conViction \orOuld const.it.ut.ee. violation, ot ~hat p~t ot a c;:oUllcil lIlember' 8 official oa'th 'Wftet"o- by he ob).1gat.es hiJnselr t.o .1'ait.htW.ly c1isch&!"ge his duties :tic ~he 'beet or hie judg....:. ment and abi~it.y. If t1a~t '1ILtl"Ue,' cQn"ri.ction woud. aut.omatically c;:reat.a ',a va~anc7 in the otf1.ee unde1" the yacUlC!7 statute'1llhich the oouneU ,could. '.t~ll..'.f'Q7:' ..'the '~'eX:" . pil"ed porticn cr .t.he te!"lIl. .::. , .. ' " . . . . 'I . Anothe!" p05&ibUity ;ia cZ'~ted' by ~h. tAct.' t.h~~ Vlt,es.nd.e.r'are' &1:80 c~~8~cl b~, " " resignation. Mer-e f.ailu.re to attend. a few .01' e"lel'.L' 8. ec.n:s:i.d.erable nUlllber"ot c;ouncll ," gl.eet.ings does not, or co\U"ae. au.tomat1eally resuft. ,~n a l'eI1&ria~1Qn :tro~:c1'.t.1c~~ Any public otfice c;a.n 'be a'band.otlsd.; however (Cit.7 of Willi8llle'b~g_ v.~;W$Ii!lJm8r'. (il.'lS) l~4 Ky. 767, 176 S.W. 224).. ancl if .. cOllnc:11 Jneznger sho1.1ld reiDain':a.way from engu,gb , ~atingla his continue4. .a\)eel'lcea misht.' j~s1;,if)' . legal, 'pl'el!iumpt.i.on 'o.r. '~bandoiuUnt ~ : Evi.d.ently t!'le MiMe~o~ courts have never ..~t. be~h .askea. to' ~eB. ~ ,toM.s .qu~st"1l)n.. bu.t a fEl"., CClUl"te elsewhere in t.he c01U'ltr1 have he~d.' that delihBl"&t.e' a.nd., cOl,&~1n\l.,d ab!l81'1Cee over e. prolonged. .~eriod. 4g aIlIQunt to an '.oandcnrn.ent".and have 'pe~tt'ed. ,~e. coune11 tg appoint ~~.Oft8 else to th~ ottice ~pon the theOTy:of an '~lied resigna- tion. Peo ex r'el'; v. Hani~aD (1880) 6 Ill. App.' .~S8 (abe,enc~: D'V'eJ' ~ periocl ot rive. !JI.onths): Harrison v. Pea (1890) 36 IU.., App. .317 (ao6enc~ .ov~r a period. of e:i~t Dlcmtba). '.' ' : ' , . ..' . . '..' .' .,... ", '.' -' .' c' . " ~008 :1 \. ';"1,, I I, I . t , B. Corat!ellin~ AttEind.~c:e or' Plm1shin2 Nl:lJl~Attendance '. . , - . . .. I'. .: "J " '. .' . . . . ~' .' . 'J . \' ',' I EVfU1 li1:t.hou.t a. etat.ut:e on: the S~bjBct ,there 1.5 eome ,reallOn :;1:.0 :bsii.ye'bhat '& '. "', " village ~ounc:i~.. when properly c;:onstitutef. can compel ab::lent ilembers to. atte~lt a' . meeting (Cushing on:.t.he Law 8Dd. Pract.ice of Legislative A88em'bl1es" Se.c ~ 264), at least in cases where t.h8Y ortel' no V8J.i.d eXcuse tor non-a.tterid.aklce..' If the .rUl.e is - otherwise, 'ho\olsve%", tbere-is a.'Statu,t. 'bi this', 8ta~e Wlich: exPressly permi't$ 1)"v11.. ~age councU t.o require 'the 'sttendance ,of. "its JIlelllber& and' t'C. puni!3h 'non~atte~ce. . I . . , ' . ... '.. ... . See H,.S .A. 4l.2.1CJ1. 8~bci. 2. " . ';',: ' , . ." , , ',' ..." . '. . : .' . . '. . ..' .. .. . '. "" . _ '.:. I." ~. . i . I '. It has gener'ariy beliln' '~:S~ that,' 1;.he power's thus g~Ui~ed."o"er: 'at.i~~ce' 81'S net broad enau.gh 1:.0 permi:t l"eD1(Iva]. tor non':"att.en4anc:e~ 'al'fohough the qUestion ,may. . net t)e entirely tree' fioaDl doubt.. HOWeV81'. it is e.lear. \.h,.,t t.hli 'statut.e' a.ut,h"rizes 't~e .cO\U1.cU to di~coura.se' 'delinquency in attendance by the adoption lor reasonable rules of puni.hZnent, includi.ng tines to"t' non-attendance' (ct.. '~it1 ar Earlv:i.lle v.' &<Uey (1908) 231 Ill. 2k2, 86 N.E. (24) and possiblY even a' rule pl"oV1~ ror production ot absent mem'bers' at 'the Ul$8t1he unless they ~al'l ot!ef' .an exc\u;,e for . non-attend.al1ce. Ct. .Sc:hmW.bach "'I. Spe1clel (l901.)' SO 'W.Va. 553i 4C S~E. :424.' If ,. s l"Ule ot the lat.t.er kind. is ad.opt.ed; a,pparantl,. it. 1M)" be entol"cecl b7 a.i,dizLg '.: . t:eDl!ltables or other poliee orfi~er6 to''b:i''ir18 in the absent members.forcibly. .37 Am.JuJ". p. 67'J. ". . , . .:.' . ' .' , . Perhaps it is nsedless t.o aclc1 that any Village in whiC'~ the mayQ2' and each .'. :.' tru3~e~ are paid a.per diem tor eaeh ~ ot serv1.ce neceasarily.~e~dere~ ~F'co~e~ dll3sting .att~4e4 ~ho1U.c1 not pa.y .tts :CCl\Ulc1l !meZZlberi ..tor meotings' which th~ 40 r,:::t.. .': attencl. It there are prescribed. max:i..mwne .i:rl. ...eh a case 'and' the t.otal. ~e1.1i1t... p~r.. '- tor meetir1ls actually att.ended is eClua~ toe the: Biaxim~!l. it 'will make "DO '..r~~ :d~!r-:- . erenoe "IlIhether the eampeneat1.C1n is \1&884 only en ....,etinse which ,re 'attenC!e~ or: .'- flIhether it 1.8 not. Irt otber caees, however, "where the IIYUd.nNm "annual _~t: has \ . ~1~14/99 THU 09:13 FAX 612 452 5550 CAMPBELL 'not been ~arna4>> it will make & d1fteren;e. and neither ~he ~. nor ~ ~pu.te8 ia ent1t.lecl 1:.0 ccmpenuat.ion .f9r 1IlI!I8t.ingB :whi.:h he :refuses OJ" n.&lec~. J:.o.:a",en4. . ;.': . . '. ~ - . . '-' 141 009 r,rhap. it'is also needless to aclcl that 'the absence o! a coYfto:ll asm.l:ler.l!oes not preel~Qe 1;.ruu1I!Lct,1on or v.UlaI'e blll!linest. Uncler t.he lay any three' UJIl:Iel's of the council constitute ,& q,u~NIl a.n4 -1 t.oget.her- t.ransact. any bUBineDB ..m1c:h all. fi. va mem'bera of' the cl:)uncil coW-I! 4ie;chal'&E:. ..to IIaJcri'toy at a q,uoruID 18 all t.bat. i.s neeee$ary to legal ae.t.ion e;ltCept in the case .~f ord.inance. ..nd resolutions wtdch reClui.J'e a major1 ty of all t.he lI81IIbers. . ---...-.. \: 1. M.S.A. 351.07 proviaea that. ha'bit.\lal drunkeneas sha.ll be goad cause 1'01' :removal from plolbllc office ''by the authorit.y and. in t.he manner p:r-o..:i.d.ec1 by lawn>> bu.t eince ng c:articer or -sene)' ha.s 'bcc~ liven stat.utory author-. it)" to 't'eftlOVB eleeted village ofticial.s this law ';1.8 lIl8aftingless in it.B &'l'p11o:d.ion too them. \, ---... .0 ..... .,;':...-.. . Carey 11. W1nne ~gal Reference .'Anal;ret DOB::bf' 7...26-43 REV: CDW J.l-20-S3 '. !. . , ...'.' ..... TOTAL P. 10 ,,' ". ~': ., 1. ... ~~ . . ..... - - "', .... _.")10. .. -' .~ Ch. 422. I S 79th L~GlSLATORE OCCuPATIONS AND PROFESSIONS-LICENSED PROFESSIONAL COUNSELO:BS. OCCUPATIONAL TBEBAPlS'l'S-BOARDS. ACTIONS c~ 423 H.F. No. 66 [L/1#TS 199&. C;M.PW U3. tIJdS vetoea by the gQ'l18'P1lf7f' A.pril~. J.996.} PSYCHOLOGIS1.'S-BOAIU> OF PSYCBOLOGY- LICENSUP:. DISCIPLINE. PENALTIES CBAFl'ER 4U S.F. ND. 842 Al( Attr ~ ta ~tlDIIS :aQC! 'prar_-iaU; baIII'd of .~1D&r. Jn~ 1IuutI lIatiea; ebal\giJ\r tJfeS of l...w:e:. eUII~ ltOlllUlUi'e prariJi..u: PlI'Oftdiras r. diadpliuc;; ~g penalties, ~ ~ M;r.tdtH I.,., satiOhS 14UBl 1....1; ~ ~iaIw 2a and 5. USSG. salMliwUiDaa 1 _ Z; 14U05, J1IbdjuWOD I: 1t.U11, U~ J.4I,!I&1.llIJbrIiwi.. aioll8 2. 4. ... tit ~ su1Jdilrisir.wna; 1408.95; 14Ul6; l48.91; &1UZ, 1IO~ 11= MiI\IIIeBDta Slatutd 1995 Supplemeat.1IIlCIioIl14'UIlt; ......iQc ~ far ....Ia. in ~ *- Stacuta,. dlaptl>[" 148; RPoliDl' H"1IUlt8dta Slatlltd I'M.. :lIIediou US.89. sua.u-;.~ 6, 7. -.nd & UUI; 141,93; t-'U51; ull. 1_-"'; MiftKM!lllllt&a lk;abJIiBs 1995 SupplelMld,. sedi- 148..921. B11IT ENACTED BY THE LEGISLATURE OF TH'8 STATE OF MIN'NHSO'f'A: ~olll. ~sata Stabl1;es 1995 Supplemen~ i5ed:ioD 147.09, iaal'!lellded to read: U'f.OI BUMPTIONS SeetiDn 14'1.081 daM nDt apply tal llan~l. preveDt or :nstri&!t the pn.<<ic.>e, ~e, or H.CtivitieG of:: (1) A penan 'tP'ho Ig a eornmissioned medical oftUm' of. a membel" of, ar eIDP10yecJ by, tbe a.ma.ed. forces of the United States. the UDitecl States PubJie He3lth ~e, the Vet.er.ms AdmiJIisttation. any federal institution or any fed@r.U .~ while en~ in the ~or- Mance of Qf6cial dillies within this state, if the penon is ~tuled ~hete. (2) A licensed pb,ysician from a state or eDWlUy .ho is in lIl;ba$! CClDlIwb.tlDn here. 750 AdditiOnS ~ inaica18d IIy andediM; ........ by ......... L City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /~a., TO: Mayor, Councilmembers, City Administrato~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Adopt Resolution - 1999 Seal Coat Project Feasibility Report DATE: February 1, 1999 INTRODUCTION Attached is the Feasibility Report for the 1999 Seal Coat Project. The project consists of seal coating specified residential streets and downtown parking lots. DISCUSSION The 1999 Seal Coat project is the sixth phase in the 7-year cycle seal coat program established by the City of Farmington in 1994. Streets in Deer Meadows 1 st Addition and Deer Meadows 2nd Addition will all be seal coated for the first time with this year's project. Dakota County Estates 1st Addition and several downtown streets and parking lots have not been seal coated in over seven years and are proposed to be included in the project this year (see attached map in report). The downtown areas include: Oak Street between Division and 2nd Street, Spruce Street between Denmark/CSAH 31 and 2nd Street, Walnut Street between Division and 5th Street, Locust Street west of 3rd Street, Maple Street between 1st and 4th, Beech Street between 2nd and 3rd, Hickory Street between 2nd and 3rd, Division Street south of CSAH SO/Elm Street, 1st Street north of Ash Street/CR. 74, Honeysuckle Lane, 2nd Street between Ash Street/CR. 74 and Walnut, 3rd Street between Ash Street/CR. 74 and Walnut, and 4th Street between Maple and Walnut. The parking lots include the Rambling River ballfields parking lot off of Denmark, the Ice Arena parking lot and the Fire Station parking lot. BUDGET IMPACT The 1999 Seal Coat Project is included in the 1999 Capital Improvement Plan. Several streets in the project area have already been assessed seal coating costs through their respective development contracts. The property owners benefiting from the improvements to the remaining streets would be assessed for the project costs pursuant to Minnesota Statute 429 and the City's Special Assessment Policy. The remainder of the costs would be funded through the Road and Bridge Fund. The total estimated project cost for the 1999 Seal Coat project is $81,000. Two options are presented in the report for specially assessing the costs of the improvements under reVIew. ACTION REOUESTED Adopt the attached resolution accepting the Feasibility report, authorizing the preparation of plans and specifications and scheduling a public hearing for March 1, 1999. It is requested that Council provide direction to staff relative to the method of assessing this project under one of the two options presented in the Feasibility Report. Respectfully submitted, ~/h~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -99 RECEIVING FEASBILITY REPORT AND CALLING FOR PUBLIC HEARING PROJECT 99-12, SEAL COAT PROJECT Pursuant to due call and notice thereof, a regular meeting of the City Council of Farmington, Minnesota, was held in the Civic Center of said City on the 1st day of February, 1999 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to City Council approval of the 1999 Capital Improvement Plan, the City Engineer has prepared a preliminary report with reference to the following improvement: Pro]. No. 99-12 Description Seal coating Location various - see Attachment A ; and WHEREAS, this report was received by the City Council on February 1, 1999; and WHEREAS, the report provides information regarding whether the proposed project IS necessary, cost effective, and feasible. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Farmington, Minnesota that: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of improvement of$81,000. 2. A public hearing shall be held on such proposed improvement on the I st day of March, 1999, in the Council Chamber of the City Hall at 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvements as required by law. 3. Lee Mann is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 st day of February, 1999. Attested to the day of ,1999. Mayor SEAL City Administrator/Clerk ATTACHMENT A Streets Exter Court Exter Place Everglade Court 180th Street West 180th Street West Eventide Way Euclid Avenue Empire Trail Emerald Trail Upper 182nd Street West 180th Court Embers Embers Ely Avenue Oak Street Spruce Street Walnut Street Locust Street Maple Street Beech Street Hickory Street Division Street 1 st Street Honeysuckle Lane 2nd Street 3rd Street 4th Street Location West ofCSAH 31/Pilot Knob Between CSAH 31/Pilot Knob and Ellice Lane Between 180th Street West and Eventide Way Between Embers and 180th Street West Between 180th Street West and Emerald Circle Between CSAH 31/Pilot Knob and Ellice Lane North of 180th Street West From 183rd Street West to Emerald Trail Between Upper 182nd Street West and 180th Street West Between Division and 2nd Street Between Denmark/CSAH 31 and 2nd Street Between Division and 5th Street West of 3 rd Street Between 1 st and 4th Between 2nd and 3rd Between 2nd and 3rd South of CSAH 50/Elm Street North of Ash Street/CR. 74 Between Ash Street/CR. 74 and Walnut Between Ash Street/CR. 74 and Walnut Between Maple and Walnut Rambling River Ballfields Parking Lot off of Denmark Ice Arena Parking Lot Fire Station Parking Lot FEASIBILITY REPORT FOR PRO]ECTNO.99-12 1999 SEAL COAT PROJECT Prepared by: fl-iR 1/ David R. Sanocki I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of the State of Minnesota. ~ )1r;~ Lee M. Mann, P.E., City Engineer Date: February 1, 1999 Reg. No.: 24541 City of Farmington, Minnesota Engineering Department (612) 463-1600 325 Oak Street 1 Table of Contents Table of Contents ......................................................... ...................................... ..... ............2 Introduction .........................................................................................................................3 Discussion ...........................................................................................................................4 Cost Estimates............ ................................ .............................................................. ..... ......5 Project Financing ................... ................................ ............................................ ......... ........6 Conclusions and Recommendations ................................................................................... 7 Figure 1 - 1999 Seal Coat Areas Figure 2 - 7 Year Seal Coat Program Attachment A - Streets to be included in the 1999 Seal Coat Project Project Cost Tracking Sheet 2 Introduction This report has been prepared to determine the feasibility of seal coating City streets as planned during 1999. See Figure 1 for the areas to be seal coated in 1999 and Attachment A for a list of the individual streets to be included in this area. The annual seal coating program, approved by Council in 1994, is a seven year program in which assigned areas are seal coated each year (See Figure 2). The City requires new streets to be seal coated approximately three years after the final bituminous wear surface has been placed on the street. After the first seal coat application, it is intended that streets would be seal coated every seven years. New streets within developments will continue to be incorporated into the plan as they are added to the City's street system. The purpose of seal coating is to improve the quality and extend the life of the City streets. Seal coating delays the need for costly street reconstruction or other corrective work for which a portion of the costs are assessed to the adjacent property owners. The streets indicated in Figure 1 and Attachment A are to be included in the program this year. Deer Meadows 1 st Addition and Deer Meadows 2nd Addition are developments that are due to be seal coated for the first time. Dakota County Estates 1 st Addition and several downtown streets and parking lots have not been seal coated in over seven years and are proposed to be included in the project this year. The downtown areas include: Oak Street between Division and 2nd Street, S~ruce Street between Denmark/CSAH 31 and 2nd Street, Walnut Street between Division and 5t Street, Locust Street west of 3rd Street, Maple Street between 1 st and 4th, Beech Street between 2nd and 3rd, Hickory Street between 2nd and 3rd, Division Street south of CSAH 50/Elm Street, 1 st Street north of Ash Street/CR. 74, Honeysuckle Lane, 2nd Street between Ash Street/CR. 74 and Walnut, 3rd Street between Ash Street/CR. 74 and Walnut and 4th Street between Maple and Walnut. The Rambling River ball fields parking lot off of Denmark, the ice arena parking lot and the fire station parking lot are all proposed to be part of this years project. It will be specified that the 1999 seal coat project start after Mountain Dew Days (June 25 - 27) and be completed before the Dakota County Fair (August 9 -15). 3 Discussion For the past two years a finer seal coat aggregate (FA-2 Modified Aggregate) has been used in the cul-de-sacs areas of the project. Larger aggregate (FA-2 Aggregate) has been used on all remaining areas since the start of the seal coat program. Staff initiated the use of finer aggregate in the cul-de-sacs in 1997. Finer aggregate, which binds together better than larger aggregate, helps prevent the seal coat from being disturbed in area where there is a higher percentage of vehicles that turn in a circular motion, as in cul-de-sacs. The finer aggregate used in the cul-de-sacs can cost twice as much as the larger aggregate, however, the finer aggregate would only be used in the cul-de-sacs and the additional cost to the overall project would not be substantial. It is recommended that used seal coat aggregate be utilized for construction fill. Last year all used seal coat aggregate was used as construction fill. In past years, used seal coat aggregate has been recycled. However, that practice was discontinued with last years project due to the difficulties and cost implications encountered in recycling the aggregate. 4 Cost Estimates Cost estimates have been prepared for the improvements described in this report. The estimates for the work are based on anticipated unit prices for the 1999 construction season. The cost estimates presented below include a ten-percent contingency and twenty-seven percent allowance for engineering, legal and administrative costs. Estimated Project Costs Est. Item Unit Est. Qty Unit Price Total Bituminous material Gal 32835 1.00 $32,900 F A-2 Aggregate in place Ton 1580 14.00 $22,100 F A-2 Modified Aggregate in place Ton 65 45.00 $ 2.900 Estimated Construction Cost $57,900 10% Contingencies $ 5.800 Total Estimated Construction Cost $63,700 27% Engineering, Legal, Administration $17.200 Total Estimated Project Cost $81,000 5 Project Financing At the start up of the seal coating program, the City proposed a 50/50 cost split between the benefiting properties and the City for the cost of seal coating improvements. Based on that proposal and subsequent financial analysis of the seven-year program, staff recommended an assessment of $50.00 per buildable lot or residential unit for the 1994 phase of the project. Staff also recommended that the rate be adjusted annually for inflation. The rate in 1995 and 1996 was set at $51.50, $53.00 in 1997 and $55.00 in 1998. In 1999, it is recommended that the rate be increased to $57.00 per unit. Option 1 Two of the developments that are to be seal coated this year, Deer Meadows 1st and 2nd Additions, have already been assessed through their respective development agreements. Dakota County Estates 1 st Addition and the downtown area will be assessed for their portion of the costs. The costs for the parking lot areas would be funded through the Road and Bridge Fund. A breakdown of the proposed funding if the rate of$57.00 per unit is assessed as follows: Public Streets Amount Funding from Assessments using a rate of $57.00/unit Road and Bridge Fund contribution $32,000 $46,500 Parking Lots Road and Bridge Fund Contribution $ 2.500 Project Costs to be Financed $81,000 Option 2 The City's assessment Policy states that Seal Coating shall be assessed at a 50% rate. If the cost split between the city and the benefiting properties were calculated with a 50/50 split, the estimated assessment rates for the project would be $60.48 per unit. Public Streets Assessment based on a rate of $60.48/unit Road and Bridge Fund contribution $39,250 $39,250 Parking Lots Road and Bridge Fund Contribution $ 2,500 Total Estimated Project Cost $81,000 6 Conclusions And Recommendations The proposed improvements described in this report are feasible from an engineering standpoint and are in accordance with the City's Seal Coating Program. The project is necessary to continue the City's program for street maintenance. The feasibility of the project as a whole is subject to the financial review. The improvements proposed are cost effective based on proven methods for seal coat improvements. Based on the information contained in this report, it is recommended that: 1. The City of Farmington accept this report as a guide for the seal coating improvements in the project area and authorize the preparation of plans and specifications for the project; 2. The City conduct a legal and financial review of the proposed project prior to the public hearing; 3. A Public hearing be held as required by Minnesota Statue 429. The property owners adjacent to the roadway should be notified for hearing purposes; 4. A neighborhood meeting be scheduled with the affected property owners; 5. The following tentative schedule be implemented for the project: Accept Preliminary Report, Authorize Preparation of Plans February 1, 1999 and Specifications, Schedule the Public Hearing Hold Neighborhood Meeting Week of February 15, 1999 Hold Public Hearing, Order Project, Authorize March 1, 1999 Advertisement for Bids Receive Bids April 1, 1999 Accept Bids and A ward Contract April 5, 1999 Start Construction July 5, 1999 Complete Construction July 30,1999 Hold Assessment Hearing September, 1999 7 ATTACHMENT A Streets Exter Court Exter Place Everglade Court 180th Street West 180th Street West Eventide Way Euclid Avenue Empire Trail Emerald Trail Upper 182nd Street West 180th Court Embers Embers Ely Avenue Oak Street Spruce Street Walnut Street Locust Street Maple Street Beech Street Hickory Street Division Street 1 st Street Honeysuckle Lane 2nd Street 3rd Street 4th Street Location West ofCSAH 31/Pilot Knob Between CSAH 31/Pilot Knob and Ellice Lane Between 180th Street West and Eventide Way Between Embers and 180th Street West Between 180th Street West and Emerald Circle Between CSAH 31/Pilot Knob and Ellice Lane North of 180th Street West Prom 183rd Street West to Emerald Trail Between Upper 182nd Street West and 180th Street West Between Division and 2nd Street Between Denmark/CSAH 31 and 2nd Street Between Division and 5th Street West of3rd Street Between 1 st and 4th Between 2nd and 3rd Between 2nd and 3rd South of CSAH 50/Elm Street North of Ash Street/CR. 74 Between Ash Street/CR. 74 and Walnut Between Ash Street/CR. 74 and Walnut Between Maple and Walnut Rambling River Ballfields Parking Lot off of Denmark Ice Arena Parking Lot Fire Station Parking Lot 1999 SEALCOA T AREAS r--------- 0;=.;----- I I I I I --... 2 ~ -..-----.-. :iJ Iii ~ € I I i Q lij CSAH 50 I L, r-J ! .......... - \~;\"'>._._._.mmmm _ i Ii i)! -<:J)-:~l1 --:.:.">- ~ " -<::: - !! J/jll_/ N CITY OF FARMINGTON I biO,~ 2~ Jro SCALE --'--- ---;::-,- ---;;;; ;;:;;;;;;;;;; --- ---<;;;::;;;;;;;:;;;;;;;;;;;;;::/ FIGURE I 7 YEAR SEAL COAT PROG RAM CSAH 50 INDEX AREA 1 - 1999 AREA 2 EI 2000 AREA 3 - 2001 AREA 4 - 2002 AREA 5 - 2003 AREA 6 - 2004 AREA 7 - 2005 PARKING LOTS & ALLEYS I, 1999-RAl.48UNG RIVER - BAllFlUOS 2. 1999-ICE ARE iliA 3. 1999-F"iRE STATION 4. 2000-AllEY 'SO. Of ST. MICHAELS 5. 2002-ALlEY NO. or FGlN. LUTHERAN 6. 2003-5W!~MlNC POOl.. 7. 2004-RAMBlING RJ\lfR - PINE & ELM $1 8. 2005-AllEY 'SO. or POST OfFiCE 9. 200'-AllE'f SO. Of NEW lIBRARY 10. :ZOOS-ALLEY NO. OF 'If'll v; 1- I'" II !~ l~ i'" :'" -0 'z !~ 'g Ii: '" w v> o "- o gc ------..,. 21 /;:;.";::';::::;'~~ ,;i";.;# ",;::::/'- CITY OF FARMINGTON _.._.~-------_..__.__.__.._-_.-.._-_...._----_._-_...---.... N I 500 1--.-/..+--.-1.....----1 :) HXm 24.:)00 J:C)'X= SCALE Preliminary Project Cost Tracking Project - 1999 Seal coat Project Description of Project-The City conducts annual seal coating on a seven year cycle Project No.- 99-12 Items Date Name of Company Cost 1. Construction Costs $ 57,900.00 Total Construction Costs $ 57,900.00 2. Contingencies (10 'Yo) $ 5.790.00 (Contingences and Total Construction Costs) Subtotal = $ 63,690.00 3. Engineering, Legal, Administration (27%) $ 17,196.30 (Total of Items 1-3) Subtotal = $ 80,886,30 4. Soil Borings Braun Intertec $ Subtotal = $ 5. Survey Work Estimate $ Subtotal = $ 6. Wetland Delineation & Mitigation Estimate Subtotal = $ 7. Permits (list) $ Subtotal = $ 8. Change Orders $ Subtotal = $ 9. Environmental Studies, testing and monitoring - EAW $ Subtotal = $ 10. Testing Services Estimate $ Subtotal = $ 11. Easement/Right of Way Acquisition Estimated Right of Way acquisition Subtotal = $ 12. Demolition/moving Subtotal = $ 13. Outside Consultants Bonding Costs with Capitalized Interest $ Subtotal = $ 14. SWCD. plats mainly - development cost NA Subtotal = $ 15. Street & Utility crew costs $ $ $ Subtotal = $ $ 80,886.30 I ITotal Estimated Project Cost = City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /01/; TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Schedule Council Workshop Date - 1999 Goal Setting DATE: February 1, 1999 INTRODUCTION As mentioned in previous communications, a Council Goal Setting Session is being planned for the month of March. This work session will address a number of policy issues that Council may wish to consider for 1999. The accomplishment of these goals would then be monitored throughout the subsequent year, with a final report transmitted to Council upon completion. DISCUSSION Attached, please find a draft copy of proposed Council Goal Setting items that have been generated at the staff level for Council review and discussion. These issues have been brought to staffs attention through a variety of sources including comprehensive plan visioning sessions, local service issues and through previous Council discussions. An annual goal-setting work session will provide Council with the opportunity to fully explore and discuss policy issues that will have broad community implications. In addition, please feel free to contact me with any suggestions or thoughts relative to other policy goals that could be included in the workshop. In order to address these issues in the most efficient manner possible, it is suggested that this workshop be scheduled on a week-end to accommodate Council work schedules and allow for an uninterrupted day of deliberations. In review of an appropriate date, staff is proposing Saturday, March 27, 1999 in the Council Chambers, with the workshop beginning at 9:00 a.m. and ending at 3:30 p.m. A back-up date of Saturday, March 20, 1999 could also be considered should it be necessary. Refreshments and lunch will be provided to those attending. ACTION REQUESTED Approve the Council 1999 Goal-Setting Workshop for Saturday, March 27, 1999 from 9:00 a.m. to 3:30 p.m. in the Council Chambers. DRAFT COUNCIL ACTION ON PROPOSED 1999 GOALS CONSIDER No. GOAL YES NO 1. Consider transferring facility ownership of the Farmington Public Library from the City to Dakota County 2. Consider adoption of a Council Policy on Council Workshop purposes and protocols 3. Consider alternative Revenue Sources, i.e. Franchise Fees and User Fees 4. Consider a policy that would allow special permits for bow hunting within the City limits to control the deer population 5. Consider establishing a formal City policy on annexation petitions 6. Consider actions regarding the proposed acquisition of property for the future construction of a new City Ballfield Complex as previously recommended by the Parks and Recreation Commission 7. Consider forming a City Task Force on Facility Planning Needs for the Year 2001 8. Determine what the City/HRA's efforts should be relative to Elm Street redevelopment, property acquisition and commerciaVretail expansion 9. Consider actions to bring the City within the Metropolitan Mass Transit Service Area 10. Consider actions relative to reinstitution of the DARE Program in ISD 192