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HomeMy WebLinkAbout12.05.05 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA PRE-CITY COUNCIL MEETING December 5, 2005 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT 'ouncil workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position, Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position, Only official Council action normally taken at a regularly scheduled Council meeting should be considered as aformal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture, AGENDA REGULAR CITY COUNCIL MEETING DECEMBER 5,2005 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS , CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/21/05 Regular) (11/17/05 Special) b) Set Boards and Commissions Interviews - Administration c) Adopt Resolution - Approve HPC Consultant Contract - Administration d) HPC 2005 Annual Report - Administration e) Acknowledge Resignation Police Department - Human Resources f) Acknowledge Resignation Administration - Human Resources g) Approve Solid Waste Exemption - Parks and Recreation h) Approve Assessment Agreements - Ash Street Project - Engineering i) Approve Sewer Meter Contract - Engineering j) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 8. PUBLIC HEARINGS a) Truth-in- Taxation Hearing - Finance Page 11 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 203Td Street Wetland Buffer Discussion - Engineering b) Approve Funding Metro Watershed Partners - Engineering c) Cataract Relief Association Pension Request - Finance Page 12 Page 13 Page 14 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION -Discuss ISD 192 Litigation 15. ADJOURN City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising fUture. AGENDA REGULAR CITY COUNCIL MEETING DECEMBER 5, 2005 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS ". CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/21/05 Regular) (11/17/05 Special) b) Set Boards and Commissions Interviews - Administration c) Adopt Resolution - Approve HPC Consultant Contract - Administration d) HPC 2005 Annual Report - Administration e) Acknowledge Resignation Police Department - Human Resources f) Acknowledge Resignation Administration - Human Resources g) Approve Solid Waste Exemption - Parks and Recreation h) Approve Assessment Agreements - Ash Street Project - Engineering i) Approve Sewer Meter Contract - Engineering j) Approve Bills Approved January 7, 2006 R131-05 Information Received Acknowledged Acknowledged Approved Approved Approved Approved 8. PUBLIC HEARINGS a) Truth-in- Taxation Hearing - Finance Information Received 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 203rd Street Wetland Buffer Discussion - Engineering b) Approve Funding Metro Watershed Partners - Engineering c) Cataract Relief Association Pension Request - Finance Dec. 19, 2005 Meeting Approved Approved 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION -Discuss ISD 192 Litigation 15. ADJOURN .., \ '(\ tY08v"lQ W0j SW-~ r CN?ldugS e ~~~ WYlij \/)'V\ ~ ---V tu~ LS \jJ\\Y\ ~ \ L/~ ~~\W\ ~ 09Yw YCPv ''fCY ~ ~ L\AJ-l"r\-.dJ~ U & ~,. c:L~' (JuwO--yC ~ctl ~ YbYG Y)~ CA~_ Co~Ctl YruJ'\Yl'j~ \reBard,~ lJrt\ d.,Y1d ~~ev -t ~ b d LeU, fHl tAXk\Qhcf S~ d ~ ffl5b.-eb~ .. we/ 0. 1 d no d-+el1ct t--}vK Vvv-e-1\ J.:x -.kA . ~r' \o-ec~ I~ GII -l )Y\1JedCGt,v y~~ ouy-~~m~ . !> v,x/ 'oJ \€yV~ \ i\ ()\LV- [[X;Y-.. ~. ~\~ w}kv ~novJd kelV\ ecb ~ '@,.'-ro~. d \ '. ~. 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COUNCIL MINUTES SPECIAL November 17, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 4. APPROVE AGENDA MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. SELECTION OF CITY ADMINISTRATOR FINALISTS There were 28 applications received and the sub-committee narrowed them down to 11. Candidates were referred to by number as their names remain private until they are selected for, and agree to, an interview. Council was asked to name their top four choices to see ifthere was a consensus for the top five candidates. Mayor Soderberg selected candidates 1,2,3. Councilmember Fogarty selected candidates 4,6,7,8. Councilmember McKnight selected candidates 1,2,4,6. Councilmember Pritzlaff selected candidates 1,2,6,7. Councilmember Wilson selected candidates 1,5,6,7. Therefore, candidates 1,6,2,7, and 4 were selected for interviews. It was decided if one candidate declines the interview, they would interview the remaining four candidates. Council then discussed the interview process. It was decided that the Council would conduct the interviews as a group therefore it will be a public meeting. A reception will be held on December 7,2005 from 4:30 -7:00 p.m. at the Maintenance Facility. Interviews will be conducted on December 8, 2005 beginning at 8:30 a.m. in the Council Room. Human Resources will conduct a cursory background check and the Police Department will do a full background check on the top one or two candidates. A Special Council Meeting will be held on December 12, 2005 at 5:00 p.m. to either offer the position to a candidate or bring one or two back for second interviews. MOTION by Pritzlaff, second by Fogarty to accept candidates 1,2,4,6,7 for interviews, hold a reception Council Minutes (Special) (November 17,2005) Page 2 on December 7,2005, and conduct interviews on December 8, 2005 beginning at 8:30 a.m., and set a Special Council Meeting for December 12,2005 at 5:00 p.m. APIF, MOTION CARRIED. Mayor Soderberg gave an update on the Dakota County Communications meeting he attended. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 7:39 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/Y7~ Cynthia Muller Executive Assistant COUNCIL MINUTES PRE-MEETING November 21, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Andrea Poehler, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty asked about item 7f) Funding for Metro Watershed Partners, and she noticed the City and the Watershed gives a donation. She did not see Lakeville, Hastings, or other members of the Watershed mentioned in the letter as giving donations. City Engineer Mann will research the item. Councilmember McKnight asked about item 7e) Change Order Fire Station No.2 and asked staff to review the changes. City Engineer Mann replied some projects go out for bid before they have final Engineering approval. There were some minor pond adjustments that were needed after the bid came in. This change reflects the difference in pnce. Councilmember Pritzlaff asked about approving the various licenses and permits and noted some of the businesses had a violation for selling cigarettes to minors. He asked if this affected their renewal. Police Chief Siebenaler replied not in the number of offenses that have occurred. Denial of a license is not part of the penalty. Councilmember Pritzlaff asked about Police Chief Siebenaler's donation of a taser to the Police Department and noted there were four participants in the training. Police Chief Siebenaler stated the other three participants will retain ownership of their tasers. Mayor Soderberg thanked Police Chief Siebenaler for his donation. Council Minutes (Pre-Meeting) (November 21,2005) Page 2 5. STAFF COMMENTS Acting City Administrator Roland stated there is the potential for a closed session to discuss ISD 192 litigation. It was decided to hold the closed session after the December 5 Council Meeting. Parks and Recreation Director Distad stated they have officially collected 5,124 pairs of shoes for the Reuse-A-Shoe program. This was due to the hard work of a number of staff and Community Ed staff. Human Resources Director Wendlandt gave Council a list ofthe top five candidates to be interviewed for the City Administrator position. Interviews have been scheduled for December 8, 2005 and the reception has been set for December 7,2005. One candidate asked if the City would pay for an overnight stay as he is from further away in Minnesota. It was determined the City would make the hotel reservation and pay for it. Human Resources Director Wendlandt informed the Council she could submit interview questions to the Councilor help them compile a list of questions to make sure they are appropriate questions to ask. Mayor Soderberg suggested Council forward any particular questions they would like to ask to Human Resources Director Wendlandt. She noted Council needs to ask each candidate the same question. Council can ask follow-up questions as long as they ask the same question of each candidate. It is best to work off a prepared list of questions. Administrative Services Director Shadick received an e-mail from the Cable Coordinator regarding PEG fees. Subscribers are charged a .50 PEG fee. This was implemented in 1999 and is part of the Franchise Agreement. In August this fee was inadvertently discontinued on the billings. Charter will be making up for this on subscribers bills. For the next 12 months there will be a .67 PEG fee on the bills. 6. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 6:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~}7?~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR November 21, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Andrea Poehler, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public W orkslCity Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Melinda & JeffBlansit, Bev Preece, Muoi & Raymond He, Randy Oswald, William Cassell, Carolyn Papke 4. APPROVE AGENDA Councilmember Fogarty pulled item 7f) Funding for Metro Watershed Partners for staff to obtain information from other cities. MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS Mayor Soderberg noted Council viewed the new rescue truck. He stated it is a nice step forward and well done to those involved in the Fire Department. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Wilson, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (11/7/05 Regular) b) Approved Various Licenses and Permits - Administration c) Adopted RESOLUTION R128-05 - Approve Gambling Event Permit- Administration d) Adopted RESOLUTION R129-05 - Accepting Donation - Police Department Mayor Soderberg thanked Police Chief Siebenaler for his donation of a taser gun. e) Approved Change Order Fire Station No.2 - Engineering Council Minutes (Regular) (November 21, 2005) Page 2 g) Received Information Reuse-A-Shoe Program Update - Parks and Recreation Mayor Soderberg noted in December 2004 Council approved a collection agreement with the National Recycling Coalition and Nike to participate in a recycling program for used athletic shoes. The Park and Rec staff, the school district, Community Education staff, and surrounding cities collected 5,124 pairs of shoes to be sent to Nike for recycling. He thanked staff and all who participated in this program. h) Received Information October 2005 Financial Report - Finance i) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve 2006 License Renewals - Administration A public hearing was held to renew licenses for On-Sale Liquor, On-Sale Sunday, Club, On-Sale Intoxicating Malt Liquor and On-Sale Wine, and Sauna and Therapeutic Massage for various businesses. New licenses were issued for the Ugly Mug and Farmington Barber and Beauty. MOTION by Wilson, second by Pritzlaffto close the public hearing. APIF, MOTION CARRIED. MOTION by McKnight, second by Pritzlaffto approve the 2006 licenses for On-Sale Liquor, On-Sale Sunday, On-Sale Intoxicating Malt Liquor and On-Sale Wine, Club, and Therapeutic Massage for various businesses. APIF, MOTION CARRIED. b) Adopt Resolution - Approve Certification of Delinquent Municipal Accounts - Finance On November 5, 2005 a letter was sent to property owners who had delinquent utility bills. There were 610 accounts which were delinquent which amounts to $225,915. As of today there are 400 accounts totaling $196,771 still delinquent. Any accounts not paid by December 5,2005 will be certified to the property taxes at 5% interest. Mr. William Cassell, 48 Pine Place, stated he learned a couple months ago there is a delinquency of $186.70 for water and garbage. They purchased the home in October 2003 and the previous owner is responsible for this. He has tried to contact the previous owner through the title company, but could not locate him. Mr. Cassell did not understand how he could be responsible for the previous owner's delinquency. Finance Director Roland stated ifthe home was purchased in 2003 she would need to do some research. She will contact Mr. Cassell to resolve the situation. Mr. & Mrs. Raymond He, owners of 18257 Emerald Trail, received a delinquency notice for the previous renters of$468.53. They were not aware the renters had not paid the bill. Mr. He felt the renters should be responsible for paying this bill. Finance Director Roland stated the landlord is the property owner and is the responsible party. Any agreement between the landlord and the renter is between them and is not the responsibility ofthe City. Ifthe City is aware it is a rental Council Minutes (Regular) (November 21,2005) Page 3 property, the City sends a bill to the renter and the landlord. Otherwise, the bill would just go to the renter. Any claims against the renter would have to be handled in small claims court. MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by McKnight, second by Pritzlaffto adopt RESOLUTION R130-05 certifying the delinquent accounts as special assessments to the 2006 taxes of the appropriate properties. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Park Master Plan - Parks and Recreation The Parks and Recreation Commission has approved three Park Master Plans for Evergreen Knoll Park, Depot Way Arts Park and Meadow Creek Third Addition Park. Mr. Paul Paige of Hoisington Koegler presented the plans for the three parks. Staff informed the Council that this is an overall Master Plan and would be phased in over time. A budget will be developed and brought to the Council for approval. Mayor Soderberg suggested researching a referendum for these improvements. By paying as we go, today's amenities might be worn out by the time the project is completed. Staff estimated it will take five years to get through all the Park Master Plans. They will be revisited in eight years as the needs change. They will obtain estimates and if there is money left in the budget, they will do more. MOTION by Wilson, second by Fogarty to approve the Evergreen Knoll Park, Meadow Creek Third Addition Park and Depot Way Arts Park Master Plans. APIF, MOTION CARRIED. b) Approve Facilities Master Plan - Parks and Recreation A committee reviewed the City's facilities. Mr. John McNamara, Wold Architects presented the findings from the committee. They reviewed the Ice Arena, First Street garage, pool building, downtown garage, Senior Center, liquor store, and the Blaha property. The report documents the condition of the facilities and what it would take to either fix the facilities and to meet the needs of additional equipment needed to service the buildings. In the Ice Arena the biggest item was the mechanical and electrical systems. Some equipment and systems need to be replaced. The First Street garage is centrally located in downtown, but the age of the facility needs to be considered as storage needs expand. The pool building needs to be replaced. There is an old barn that is used for storage of supplies and old bikes. As facilities are consolidated, this needs to be considered. The Blaha property is part of the new City Hall property. When the City Hall project begins, the storage in this building needs to be considered. The Senior Center is in good condition and is serving the City well. The downtown Parks and Engineering storage building is being used for storage of equipment. As plans move forward for new facilities this building should be replaced. The liquor Council Minutes (Regular) (November 21, 2005) Page 4 store is being rebuilt. The committee also reviewed storage needs and it was determined 21,000 sq. ft. would be needed to accommodate all of the equipment. Mr. McNamara reviewed costs of replacing the various facilities. Councilmember McKnight thanked staff and Mr. McNamara for their hard work. He noted this is one piece of a three-piece plan for our future facilities along with the City Hall study and the Community Center study. MOTION by McKnight, second by Wilson to approve the Facilities Master Plan Study. APIF, MOTION CARRIED. c) 210th Street Road Ali~nment - Community Development The connection of 21 ot Street to hwy 3 is an important transportation connection. This alignment involves the Perkins property and the Reagan property. The owners of the Perkins property have brought in concept plans for medium to high density residential and the plan shows 21 oth Street would be constructed as part of that project. Staffhas discussed the Reagan property with the owner. He has moved his bus garage business to the industrial park and he is planning to lease the site for storage use. Mr. Reagan is not interested in having the road go through his property which would follow the previous railroad right-of-way. There are three options to preserve the right-of-way. 1. Negotiate with the property owner and acquiring the right-of-way. Based on discussions with Mr. Reagan staff is not certain this is a viable option, but staff is willing to continue discussions. 2. Official mapping which would allow the right-of-way to be mapped and would prohibit certain types of uses in that area. However, it does not complete the transaction for the right-of-way. 3. The City could use its powers of eminent domain and condemn the right- of-way. This would be the only way to obtain the right-of-way if the property owner is not willing to negotiate. Mayor Soderberg would prefer to reach an agreement with Mr. Reagan. Eminent domain is an issue of last resort and should only be used for public purpose. He felt staff should pursue official mapping at a minimum. He would support eminent domain as a last resort. Councilmember Wilson felt staff should make a strong effort to discuss this further with Mr. Reagan and report back to Council. City Engineer Mann asked if Council has a consensus that the right-of-way needs to be obtained at some point. Council agreed. Councilmember McKnight was not ready to talk about official mapping yet. He would like discussions to continue with Mr. Reagan. City Engineer Mann clarified that Council wanted staff to continue discussions with Mr. Reagan and report back to Council and that further options would be explored if and when necessary. Community Development Director Carroll stated staff needs clear indication from Council for Mr. Reagan's benefit that 210th Street needs to go through. Councilmember Fogarty felt it is an important connection and if the City cannot reach a deal with Mr. Reagan we should move forward with eminent domain. She felt the City should not spend money on official mapping. Community Development Director Council Minutes (Regular) (November 21,2005) Page 5 Carroll felt it was clear that the majority of Council intends to have the road go through and we should use the full range of options to make that happen if necessary, with the understanding the preference is to negotiate something that would be mutually acceptable. City Engineer Mann stated if the road will not be done for a few years, the official mapping option would be the best. If the road will be needed in 2-3 years it makes sense to go through the process now, as the land will not be cheaper later. Staffwill continue discussions with Mr. Reagan. d) Development Issues - Proposed Concept Review Process (for Southeast Region) and Proposed Criteria for Multi-Family and Medium-to-High Density Housing - Community Development The first issue deals with an area on the east side of Farmington. Staffhas divided the area into two areas. Zone A contains small parcels or parcels in the townships. The Perkins property has discussed annexation, and also the owners of the Corinthian Cemetery, small properties along hwy 3 and some properties covered by the Ash Street Annexation Agreement. The system plans for this area are in the process of being updated. Zone B properties are further to the east and the south and are larger parcels, primarily agricultural. Staff suggested dealing with Zone A properties differently than Zone B properties. Community Development Director Carroll outlined the process for dealing with concept plans for these properties. The Planning Commission recommended approval of the process. Councilmember Pritzlaff agreed with the process. Councilmember McKnight asked if Councilmember Pritzlaff would rather see a developer propose what will be out there or have the Council and Planning Commission say what will be there. Councilmember Pritzlaff replied he would like to have Council have the final say, but he would like to have a plan they can look at. Councilmember McKnight felt this process was pre-mature and it seemed we were moving away from the work the MUSA Committee did last year. He does not want to be in the same situation as they are with the Perkins property. He also does not want to get ahead of the process with the Castle Rock group. Council needs to figure out what they want and not let the developers push them. Mayor Soderberg stated we are focusing more on what to do with the parcels in Zone A. Councilmember McKnight noted his comments referred to Zone B. Councilmember Wilson noted Council has a meeting next week with the Planning Commission. He felt the pressure to define the region is based on the submission of one concept plan. He liked the type of buildings being proposed but was not sure if they should be in that area. Before establishing criteria he would rather continue the discussion with the Planning Commission and bring this back later in December or 2006. He would also like to reconvene the MUSA Committee. Councilmember Fogarty stated this is why she suggested having quarterly MUSA meetings so if property owners wanted to be considered they would not have to wait for the committee to reconvene. She understood the Perkins property brought this to the forefront, but she felt this is symptomatic of a larger problem. There is so much that needs to be reviewed Council Minutes (Regular) (November 21,2005) Page 6 \ there is no harm in improving the process. She felt Council needed to send direction to the MUSA Committee that Council needed help in creating a vision for the City. She does not want to leave it to individual property owners to plan what they want. Council should have a plan. She felt the process was basic and a good place to start. Community Development Director Carroll agreed with the need to look at MUSA again. The sequencing of the process is consistent with what was done in the MUSA Committee. Property owners presented concept plans to staff as part of the MUSA process. Staff wanted to be able to tell people what the sequence will be so they know what to expect. Mayor Soderberg stated this is a process for considering annexation of parcels. The state statute provides that annexation should not take place until development is imminent. There is a distinction between imminent development and immediate development. The Perkins property is immediate development. The Devney and Rother properties could be considered imminent development because they are planning for it. The current annexation policy is that landowners that want to petition to annex into the City, should contact their own town board. That policy does not address reviewing concept plans. He agreed we do not want to jeopardize discussions with the townships. The idea of having a concept plan with the level of detail as the Perkins property is pre-mature until that property is annexed into the City. However, he liked the concept because it will help get 21 oth Street through. Councilmember McKnight stated regarding Zone B, once the agreement is done with Castle Rock, he would not be concerned with saying this is what we want to see in general. Mayor Soderberg felt once annexation agreements are in place they can say this is the density we would like to see. He would like to hold off on a decision until the process is discussed further with the Planning Commission. Council's options were to adopt this as an interim policy, or not take action and discuss it at the November 30, 2005 workshop, or suggest specific modifications to the process. It was decided to wait until after the Joint Council/Planning Commission Workshop. The next issue is what to do about multi-family and medium-to-high density housing. Staff does not have any criteria to provide guidance regarding where and when Council would be receptive to this housing. In the future, some developers may want to know where medium-to-high density will go. Some developers are proposing densities different than the Comp Plan, but there is no criteria showing where it should go. Community Development Director Carroll reviewed the proposed criteria for determining densities. The Planning Commission recommended adopting the criteria. Councilmember McKnight asked what if we don't meet the Met Council's goals for housing density. Staff noted there is not a simple answer, however they are concerned about the lack of high density. Council supported the criteria, but wanted to discuss this with the Planning Commission. Council Minutes (Regular) (November 21,2005) Page 7 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: She asked when we receive applications for boards and commissions are they given information as to when their first meeting will be. Staff replied after they are chosen they are given that information. All appointments are February 1. Councilmember Fogarty stated there is the potential ofthe HRA moving their meetings and suggested a list of meetings be given when they apply. She then asked if we have any training on the Open Meeting Law for boards and commissions and felt this should be considered. She thanked Ms. Anna Achtenberg and Police Chief Siebenaler for presenting a meeting on safety for kids. It was a great meeting. The Vermillion Watershed was awarded a $675,000 grant from the federal government. This will help them finish up some of their capital improvement projects. Councilmember McKnight: An issue raised at Coffee with Council was now that Ash Street is almost done, what is the schedule for Elm Street and the potential for a stop light at City Center. City Engineer Mann replied engineering work would be done in 2006 and construction in 2008. The stop light location would be at 1 st Street and Elm Street if warrants are met. Police Chief Siebenaler: Reminded residents winter parking restrictions are in effect. For out oftown guests, temporary parking permits are available, but they do not include a snow fall event. City Engineer Mann: There has been a significant amount of street mileage added to the City and if cars are present during plowing, they have to be towed. Ash Street is almost finished. Mayor Soderberg: A resident asked if it was possible for Council to consider licensing rental properties. The concern was to identify difficult housing. There are pro's and con's to this. This would involve a yearly inspection to make sure rental housing is up to code. If a renter is behind in utility bills, the landlord is notified before it is certified to the taxes. Police Chief Siebenaler noted each rental unit is licensed separately so in the event of code violations, the whole property does not become unoccupied. The loss of license is based on ordinance. Community Development Director Carroll stated staffhas surveys from other cities regarding this issue and will try to find this information. Licensing rental properties would be a significant staff commitment. Mayor Soderberg stated the grant for the Vermillion River Watershed is great news and he attended the presentation. The Governor picked two projects out ofthe state to be presented to the EPA. The EPA picked 12 projects nationwide. Part of the selection was due to the proactive approach the watershed is taking. Council Minutes (Regular) (November 21,2005) Page 8 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:51 p.m. APIF, MOTION CARRIED. Respectfully submitted, ?r?~ ynthia Muller Executive Assistant 7h City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers, Interim City Administrator ~ Lisa Shadick, Administrative Services Director FROM: SUBJECT: Appointments to Boards and Commissions DATE: December 5,2005 INTRODUCTION Each year a number of seats on various Boards and Commissions expire on January 31. Traditionally the City Council has interviewed incumbents and new applicants for these positions and ultimately appoints at the second meeting in January. DISCUSSION Articles will be published in the December 8 and December 15, 2005 issues of the Farmington Independent informing residents of the availability of seats on Boards and Commissions. A notice was put in the NovemberlDecember issue of the City Newsletter and information is also posted on the bulletin board on the Government Channel 16 and the City website. The deadline for applications is December 30,2005. Letters will be sent to incumbents notifying them of the expiration of their term and requesting them to reapply if they are interested. The following is a list of terms expiring on January 31,2006: Heritage Preservation Commission 2 - three-year terms Park and Recreation Advisory Commission 1 - three-year term Planning Commission 3- two-year terms Rambling River Center Board 3 - three-year terms Water Board 1 - three-year term Economic Development Authority 1 - one-year term 1 - five-year term The Council has traditionally interviewed on Saturday morning to accommodate the applicants' schedules. If it is Council's desire to do so again this year, it is recommended that a special meeting is set for Saturday, January 7, 2006 at 8:00 a.m. Interview periods comprised of 15- minute time slots will be scheduled, and information will be provided to you prior to the meeting. ACTION REQUIRED Set a special meeting of the City Council on Saturday, January 7,2006 at 8:00 a.m. at City Hall to interview incumbents and applicants. Respectfully submitted, ~d JAq~ Lisa Shadick Administrative Service Director 7(!.,. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Adopt Resolution - Historic Preservation Consultant Services DATE: December 5, 2005 INTRODUCTION Attached is a proposed contract for Historic Preservation Consultant Services with Robert Vogel and Pathfinder CRM, LLC. The contract is for the period of January I, 2006 through December 31, 2006 and establishes an annual retainer fee and an hourly wage. DISCUSSION The Historic Preservation Commission has in the past applied to receive CLG (Certified Local Government) Grant Funds. This contract is required to establish an hourly wage, which will be used for in-kind services that Mr. Vogel will provide in conjunction with the grants. The grants are typically used to further our exploration of historic sites in Farmington. BUDGET IMPACT A retainer fee in the amount of $4000.00 is included in the 2006 budget. ACTION REQUIRED Adopt the resolution approving the contract for Historic Preservation Consultant Services. Respectfully submitted, ~jl~~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -05 APPROVING THE CONTRACT FOR HISTORIC PRESERVATION CONSULTANT SERVICES Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of December, 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Historic Preservation Commission has in the past applied for a CLG (Certified Local Government) Grant; and, WHEREAS, this contract is required to establish an hourly wage which will be used for in-kind services provided by Mr. Vogel in conjunction with the grant; and, WHEREAS, Mr. Vogel will be paid $4,000 in a lump sum at the beginning of the year 2006; and, WHEREAS, the grant will be used to designate historic sites throughout the City. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby approves the Contract for Historic Preservation Consultant Services. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of December 2005. Mayor Attested to the _ day of December 2005. Acting City Administrator SEAL CONTRACT FOR HISTORIC PRESERVATION CONSULTANT SERVICES CITY OF FARMINGTON THIS CONTRACT made and entered into as ofthis 5th day of December 2005, by and between the City of Farmington, Minnesota, herein referred to as the "City," and Pathfinder CRM, LLC, herein referred to as the "Consultant." WITNESSETH THAT WHEREAS, the City is desirous of retaining professional historic preservation services on an as-needed basis, and; WHEREAS, the Consultant is a qualified historic preservation professional. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the City and Consultant as follows: I. SCOPE OF SERVICES The Consultant will provide the following services on an as-needed basis as determined by the City Administrator: A. Advise the City on matters relating to historic preservation planning and identification, evaluation, registration and treatment of historic resources; B. Attend up to six public meetings of the Heritage Preservation Commission and/or the City Council, upon the request of the City Administrator; C. Provide public information, education, and technical assistance to owners of properties designated or determined eligible for designation as Farmington Heritage Landmarks; and D. Review development plans and applications for city permits to determine their impacts on significant heritage resources. II. COMPENSATION A. The City will pay the Consultant to provide the services as outlined in A, B, C and D above, an annual retainer of $4000.00 to be paid in a lump sum at the beginning of the year 2006. B. The city may pay such additional Consultant compensation at the rate of fifty dollars ($50.00) per hour for additional work which may be specifically authorized by the City Council. III. COMMENCEMENT AND TERMINATION This contract shall run from January 1, 2006, until December 31,2006. The contract may be renewed upon a passing motion by the City Council. Notwithstanding the foregoing provisions, either party may terminate this contract on thirty (30) days written notice to the other party. N. ~EPENDENTCONSULTANTSTATUS The Consultant is an independent contractor and is not a City employee. IN WITNESS HEREOF, the parties have set their hands on this 5th day of December 2005. CITY OF FARMINGTON BY: Kevan Soderberg, Mayor BY: Robin Roland, Acting City Administrator BY: Robert Vogel, Consultant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c1 TO: Mayor, Councilmembers, Interim City Administrator~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Heritage Preservation Commission 2005 Annual Report DATE: December 5,2005 INTRODUCTION The Heritage Preservation Commission is required by ordinance to make an annual report to the City Council. DISCUSSION Attached is the annual report to be submitted to the State Historic Preservation Office for the purpose of documenting the City's performance as a Certified Local Government (CLG). The report contains information on the activities of the HPC during the Federal fiscal year which began October 1,2004 and ended September 30,2005. BUDGET IMPACT None. ACTION REQUIRED For Council information only. Respectfully submitted, ~d-~kL Lisa Shadick Administrative Services Director CITY OF FARMINGTON CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT FEDERAL FISCAL YEAR 2005 The City of Fannington was designated a Certified Local Government (CLG) in 1993. This report summarizes historic preservation activities during the period from October 1 2004 to September 30 2005 (FY 2005). National Register of Historic Places Three properties within the city limits are currently listed in the National Register: the Akin House, the Exchange Bank Building, and the Episcopal Church of the Advent. (These properties have also been locally designated as Fannington Heritage Landmarks.) No properties were nominated to the National Register in FY 2005. Local Designations City code provides for the designation of Fannington Heritage Landmarks by City Council resolution. The following properties previously received landmark designation: Akin House, Exchange Bank Building, Episcopal Church of the Advent, Fletcher Block, Fannington State Bank Building, Hamilton Clay House, and the Middle Creek Historic Cemetery. Ten additional historic properties have been evaluated as significant and determined eligible for landmark designation; six landmark nominations are pending. No historic properties were nominated for heritage landmark designation in FY 2005. Heritage Preservation Commission The Heritage Preservation Commission (HPC) is a citizen advisory panel appointed by the mayor and city council. The HPC has five voting members who are residents of the city and serve three-year terms of office; a representative of the Dakota County Historical Society serves as an ex-officio, non-voting member. The commission is provided with administrative and professional staff support. The following individuals served on the HPC during FY 2005: Beverly Preece (chairperson), Edgar Samuelson (vice chairperson), Tim Burke (secretary), John Robertson, and Danielle Stuckle. Mr. Robertson resigned from the commission and was replaced by Ms. Stuckle. The HPC's staff liaison in FY 2005 was Lisa Shadick, Administrative Services Director, assisted by Cynthia Muller. Robert Vogel has been the city's Preservation Planning Consultant since 1996. Mr. Vogel meets the Secretary of the Interior's professional qualifications standards in history and architectural history. 1 Design Review By ordinance, the HPC reviews development plans and applications for building permits for their effects on Farmington Heritage Landmark properties. Certificates of Appropriateness are required for demolition, new construction, and moving landmark buildings. HPC staff reviewed numerous development proposals and the Preservation Planning Consultant informally commented on several projects during FY 2005. A number of small projects were voluntarily submitted for staff review and comment by home and business owners. A Certificate of Appropriateness was issued for the installation of a bike rack and park bench in front ofthe Exchange Bank building. No significant historic property was destroyed or damaged during FY 2005 as a result of any project requiring a city permit. Historic Resources Survey and Inventory A phased historic preservation survey of the city's urban and rural neighborhoods has been underway since 1996. To date, approximately 75% of the city has been surveyed at the reconnaissance level. The city maintains a comprehensive inventory of historic buildings, sites, structures, objects, and districts. Information on properties deemed worthy of consideration in historic preservation planning is recorded on standardized inventory forms; historic resources are also photo-documented and mapped. Duplicate inventory forms are placed on file at the State Historic Preservation Office. Little survey work was done in FY 2005. No previously undocumented significant historic properties were identified. Public Participation and Records Keeping All meetings of the HPC are conducted in accordance with city policy and the Minnesota Open Meeting Law. Minutes of commission meetings, reports, and official correspondence are part of the permanent record of city government operations. All HPC records are maintained in accordance with Minnesota Statute 138.17 and are available for public inspection. The HPC held four regular meetings during FY 2005. Historic Preservation Conference Beyond the minimum responsibilities for CLG programs specified in the National Historic Preservation Act, the State Historic Preservation Office requires that all Minnesota CLG's sent at least one member to the annual Minnesota Preservation Conference. 2 HPC member Stuckle attended the 2005 conference in Duluth on September 14-16. Other Activities The city historic preservation program made significant progress toward its major policy goals in FY 2005 by: . Establishing specific goals and objectives for the HPC in calendar year 2005. . Reorganizing the HPC as a five-member citizen advisory commission (reducing the number of voting members). . Sponsoring a walking tour of historic downtown Farmington as part of the annual Historic Preservation Month observance in May. . Presenting the seventh annual historic preservation achievement award (given each year during Preservation Month) to Billy Samuelson, who carried out a number of improvements at the Middle Creek Historic Cemetery as his Eagle Scout community service project. . Applying for and receiving a CLG grant-in-aid to prepare landmark nomination reports for six historic homes in the Oak Street neighborhood. . Beginning a feasibility study of historical markers and other outdoor historic property interpretation. . Working with property owners, developers, and city planners to ensure that historic properties were taken into consideration whenever development occurred. 3 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 Acting City Administrator w FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Resignation - Police DATE: December 5, 2005 INTRODUCTION The City has received notification from Mr. Gary Deutschle of his resignation from his position as Police Officer in the Police Department. DISCUSSION Mr. Deutschle has been employed with the City since August of 1998. His resignation is effective December 15, 2005. He has been an excellent employee and the City has appreciated his commitment to the organization and wishes him well in his future endeavors. ACTION REQUESTED Acknowledge the resignation of Mr. Gary Deutschle effective December 15, 2005. Respectfully Submitted, \,A. , i<l - //' ///. /;J7L- /:~~;j~" Brenda Wendlandt, SPHR Human Resources Director cc: file 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, and Acting City Administrator r FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Resignation - Administration DATE: December 5, 2005 INTRODUCTION The City has received notification from Ms. Jeanne Stanek of her resignation from her position as Communication Specialist in the Administration Department. DISCUSSION Ms. Stanek has been employed with the City since February 1987. Her resignation is effective December 2,2005. Ms. Stanek has been an excellent employee and has gained the respect of her co-workers for her dedication to serving customers. The City has appreciated her commitment to the organization and wishes her well in her future endeavors. ACTION REQUESTED Acknowledge the resignation of Ms. Jeanne Stanek effective December 2,2005. Respectfully Submitted, ~i2f{;J/Ldt- . Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~ TO: Mayor, Councilmembers and Interim City Administrator~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approving Solid Waste Exemptions DATE: December 5,2005 INTRODUCTION City ordinance allows property owners to request from the City Council an exemption froth City garbage service. DISCUSSION Ralph Ryan, 1305 Walnut Street, Farmington, Minnesota, has requested an exemption from City garbage service. The request for the exemption is being made due to the property being vacant at the present time. Once the property becomes occupied again, garbage service will be resumed. BUDGET IMP ACT: Should the City Council exempt this property from City garbage service, then there will not be any costs incurred to pick up the garbage at this property nor will there be any fees collected. ACTION REQUESTED To approve by motion the request from Ralph Ryan to exempt the property at 1305 Walnut Street in Farmington, Minnesota from City garbage service until such time as the property becomes occupied. ~es ectfu lly Submitted, \ fl ":J-h , fht~ ~ Randy Distad, Parks and Recreation Director cc: Benno Klotz, Solid Waste Supervisor Lena Larson, Public Works Administrative Assistant Deb Richter, Accounting Clerk 7~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Councilmembers, Acting City Administrator ~ Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Approve Assessment Agreements - Ash Street Project DATE: December 5,2005 INTRODUCTION Louis and Jean Schmitz, 1104 Highland Circle, and Traci and Scott Sax, 3840 220th Street, have petitioned for connection to the recently installed sanitary sewer and water on Ash Street. DISCUSSION Louis and Jean Schmitz, the Eroperty owners of 1104 Highland Circle, and Scott and Traci Sax, the property owners at 3840 220 Street, have requested that the connection fees for the sewer and water be assessed. These property owners need to connect immediately to City water since their wells were impaired due to the Ash Street construction de-watering. Under the City's ordinances, these property owners would not be required to connect to water until November 1 S\ 2006. Allowing the connection fees to be assessed is consistent with the City's practice of working with property owners that have annexed into the City. The proposed assessment agreements are attached. BUDGET IMPACT The amount that would be assessed for 1104 Highland Circle is $3,555.00. The amount that would be assessed for 3840 220th Street is $8,595.00. These assessment amounts will be deferred for 1 year from the time of connection, and then will be assessed against the properties over a ten year period accruing interest at the rate of five percent per annum. ACTION REQUESTED Approve the Assessment Agreements between the City of Farmington and Louis E. Schmitz and Jean P. Schmitz for the property at 1104 Highland Circle, and Traci and Scott Sax, for the property at 3840 220th Street. Respectfully submitted, ~/Y7~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file ASSESSMENT AGREEMENT (Parcel 076324010000) THIS AGREEMENT (the "Agreement") made this day of November, 2005, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") with offices at 325 Oak Street, Farmington, Minnesota 55024, and LOUIS E. SCHMITZ and JEAN P. SCHMITZ, husband and wife, whose address is 1104 Highland Circle, Farmington, Minnesota 55024 ("Owners"). Recitals: A. The Owners own the real property located in Dakota County legally described on Exhibit "A" attached hereto and incorporated herein ("Subject Property"), also referred to as Tax Parcel 076324010000; and B. The Subject Property shall be assessed costs, fees and charges associated with the provision of sanitary sewer and water to the Subject Property. The connection of sewer and water services benefit the Subject Property; and C. The actual costs, fees and charges to be assessed against the Subject Property ("Assessments") are set forth on Exhibit "B". NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The Subject Property is hereby assessed by the City for the Assessments. The total Assessments are: $3,555.00. The foregoing amount shall be assessed against the Subject Property over a ten (10) year period accruing interest at the rate of five percent (5%) per annum. The Assessments shall not exceed the amounts set forth on Exhibit "B". 121835 1 2. The Assessments shall be deemed adopted upon execution of this agreement by the City. The Assessments, less any prepayments, will be certified on November 1,2006. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.081. 3. Owners further acknowledge that if the Subject Property is platted or subdivided in the future into two or more parcels, that the additional parcel( s) thereby created shall be subject to a deferred assessment for the costs, fees and charges associated with the provision of water service to the additional parcels resulting from the subdivision or platting of the Subject Property, with interest as stated in Paragraph 1, and further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.081. CITY OF FARMINGTON By: Kevan Soderberg, Mayor By: Robin Roland, Acting City Administrator PROPERTY OWNERS 7 STATEOFMINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of November, 2005, by Kevan Soderberg and Robin Roland, the Mayor and Acting City Administrator of the City of Farmington, a Minnesota municipal corporation pursuant to the authority granted by its City Council. Notary Public 121835 2 STATEOFMINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ~day of November, 2005, by Louis E. Schmitz and Jean P. Schmitz, husband and wife. e LEE MICHAEL MANN NOTARY PUBLIC - MINNESOTA My Commission ExpII9s Jan. 31. 2008 ~ Yv7Ldu.J~ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Suite 317 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 121835 3 121835 EXHIBIT" A" to ASSESSMENT AGREEMENT Lot 1 0 of Reinardy Addition, Dakota County, Minnesota 4 EXHIBIT "B" to ASSESSMENT AGREEMENT Ash Street Utility and Reconstruction Project Sewer and Water Utility Connection fees (Not including lateral benefit costs) Sewer Metro Sewer Availability Charge City Sewer Availability Charge Septic Abandonment Permit Charge Subtotal Sewer Water Reserve Capacity Connection fWAC) Water Treatment Plant Fee Water Meter (5/8) Subtotal Water Dakota Assessment Fee $ 1,450.00 $ 410.00 $ 60.00 $ 1,920.00 $ $ $ 720.00 600.00 285.00 $ 1 ,605.00 $ 30.00 Total $ 3,555.00 121835 5 ASSESSMENT AGREEMENT (parcel 072375005100) THIS AGREEMENT (the "Agreement") made this day of November, 2005, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") with offices at 325 Oak Street, Farmington, Minnesota 55024, and SCOTT SAX and TRACI SAX, husband and wife, whose address is 3840 220th Street West, Farmington, Minnesota 55024 ("Owners"). Recitals: A. The Owners own the real property located in Dakota County legally described on Exhibit "A" attached hereto and incorporated herein ("Subject Property"), also referred to as Tax Parcel 072375005100; and B. The Subject Property shall be assessed costs, fees and charges associated with the provision of sanitary sewer and water to the Subject Property. The connection of sewer and water service benefit the Subject Property; and C. The actual costs, fees and charges to be assessed against the Subject Property ("Assessments") are set forth on Exhibit "B". NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The Subject Property is hereby assessed by the City for the Assessments. The total Assessments are: $ 8,595.00. The foregoing amount shall be assessed against the Subject Property over a ten (10) year period accruing interest at the rate of five percent (5%) per annum. The Assessments shall not exceed the amounts set forth on Exhibit "B". 121835 1 2. The Assessments shall be deemed adopted upon execution of this agreement by the City. The Assessments, less any prepayments, will be certified on November 1, 2006. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.081. 3. Owners further acknowledge that if the Subject Property is platted or subdivided in the future into two or more parcels, that the additional parcel( s) thereby created shall be subject to a deferred assessment for the costs, fees and charges associated with the provision of water service to the additional parcels resulting from the subdivision or platting of the Subject Property, with interest as stated in Paragraph 1, and further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.081. CITY OF FARMINGTON By: Kevan Soderberg, Mayor By: Robin Roland, Acting City Administrator PROPERTY OWNERS ~~ SCjThm~ Traci Sax STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of November, 2005, by Kevan Soderberg and Robin Roland, the Mayor and Acting City Administrator ofthe City of Farmington, a Minnesota municipal corporation pursuant to the authority granted by its City Council. Notary Public 121835 2 STATEOFMINNESOTA ) ) ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this z,q+hday of November, 2005, by Scott Sax and Traci Sax, husband and wife. ~~f.M Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Suite 317 1380 Corporate Center Curve Eagan,MN 55121 Telephone: 651-452-5000 AMP/cjh SUSAN J. MILlER NOTARY PUBLIC - MINNESOTA My Commission Expires 01-31-2010 121835 3 EXHIBIT" A" to ASSESSMENT AGREEMENT Legal Description: The east 90 feet of the west 109 feet of the north 151 feet of Lot 5, ALEX EMPEY'S ADDITION TO FARMINGTON, Dakota County, Minnesota 121835 4 EXHIBIT "B" to ASSESSMENT AGREEMENT Sewer and Water Utility Connection fees Sewer Metro Sewer Availability Charge $ 1 ,450.00 City Sewer Availability Charge $ 410.00 Connection Permit Charge $ 70.00 Septic Abandonment Permit Charge $ 60.00 Subtotal Sewer $ 1 ,990.00 Water Reserve Capacity Connection 0N AC) $ 720.00 Water Treatment Plant Fee $ 600.00 Water Meter (5/8) $ 285.00 Connection Permit Charge $ 70.00 Subtotal Water $ 1,675.00 Dakota County Assessment Fee $ 30.00 Service installation $ 4,900.00 Total $ 8,595.00 121835 5 -- 121835 EXHIBIT "Bl " to ASSESSMENT AGREEMENT .....,....a SAUBER PLUMBING AND HEATING COMPANY 100 THIRD STREET" FARMINGTON. MN 55024 PHONE: (651) 463-7434 AUD: TUn Gron Pl"Opotallubmittcd to Na.. ClbafFanDiamaD Street 32~ Oak Stnet City Faflllia_.. MN SS014 TeI'pllase NUlDber 463-1(0'7 or Fall" 463-1611 Work Ie be perf'orm.ed at Street 3840 nO'" Stl'CCt W. City Fa....l_COD State ~ Propol8l Datil 11-2US We Ilereby pro,- to fumisb all tile materials aad pcrfol'lD all dac labor .-1'1 for tile colllpletion of: This proposal is to fwnish all labor, equipment and material to install a water and sewer conversion at the above address. We will usU 11 K copper for water line and 4" PVC Scb 40 pipe for sewer line, 25 ft. of underground pierce for water line, pump, and fill 3 old ~ Cleanup and leveling are incl uded. -:t:M / J~ "'"):).., J.- ~I .r;...:.l..../),. . Total S 4.900.00 NO: meter or permits figured. NO: Seed. or sod, AII--'oI.....n_ lit IN ..lpIcir..... ..d Ill. ._.....tc.. 1M pcrfGnMIIl.-...._,.;a rac *'.iIop.... opcciftcaflee.lItIIltoi- ....._.........oapIotod Ie. ..._1llbI w..-....... ...... I...... -., ......... (S~" fNattof'.s- \ wltII..,...............foI- __aIetIM . A.,......ado....d--r..... ._ ......lIadGa j,."ohlac ClUI....... wID lie......... """'.... ..rt.... -....IICI wlII_.' ..lrl..........- .ed I~ .... ..Iiluto. w......... c........de.... h.Dc U.DlIIIl' r-a.... - a_....... II. -- - .,. Sa...... P1..a1l1f1adllftdal eo. AD _a...rc de. ud p)'alllel.lIdJ~'.1O"" .........tW .-pIelI ....-- ..... lI.lIId...... TIlercofter." _all .....lIcar Ie..... .tl"" per a- ......, ReIpedIall7 8 "'" Note _ TIdI......... .., ...'IridI...... Dr ..It_ ~ wl1IlilI ~... ACCEPTANCE 0'" PROPOSAL TIM: __ prie... tpedftcMI....... ....- en ............, .... "" lI.enIlJ ........... Yae." allllleri:lld 10 de ... ..... ., .pedlIed. Pay.al "IV lie _dol III ..iii... .1lorWc- AccepCcd --- DaCe zoo~ 0:) 5.L11 pU1I 5lrId lI!1l111VS SLLZC8tt98 XVd Zt:ot 900~/C~/tt 6 7/~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: ~~ Mayor, Councilmembers, Acting City Administrator ~ Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Approve Sewer Meter Contract DATE: December 5,2005 INTRODUCTION The City's capital improvement plan includes the acquisition of several sewer meters with a budget of $110,000. The purpose of these meters is to be able to identify inflow and infiltration issues and provide a double check of sewer billings from the Met Council. Several of the meter locations will replace previously defunct meter stations and the remainder will be installed in the locations of new connections to the Met Council interceptor. The expenditure for this equipment is eligible for credit in the proposed Met Council's Inflow and Infiltration (I & I) Surcharge Program. The Met Council has identified cities that have excessive clear water in their sewer flows (Farmington is on the list). As such, the Met Council has identified a surcharge that will be part of Farmington's sewer bill in the future, however, those surcharge dollars can be used by the City to address I & I or the surcharge can be reduced by the amount that the City spends up front in addressing the I & I in the City. Once Farmington's I & I is reduced to acceptable levels, the surcharge would no longer be levied. The sewer meters that are the subject of this communication are an integral component to the I & I reduction effort. City staff solicited quotations for the equipment. With the planned City staff installation of the equipment, estimates indicated that the costs would be less than $50,000, thus making the formal bid process unnecessary. DISCUSSION Two quotes were received for the equipment, one from Tech Sales Co. and the other from Northwestern Power Equipment Co. The quote from Northwestern Power Equipment Co. does not meet the specifications that were provided and is therefore rejected. The Northwestern Power quote only included equipment for one of the two meter types specified. The eligible quote from Tech Sales Co. is attached. Sewer Meter Contract December 5, 2005 Page 2 BUDGET IMPACT The base quote from Tech Sales Co. is in the amount of $47,704.60. The alternates shown would not be awarded. The cost of sewer meters would be funded out of the sewer fund. ACTION REQUESTED Approve the quote for sewer meter equipment from Tech Sales Company III the amount of $47,704.60 and authorize the acquisition of the equipment. Respectfully Submitted, ~rn~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file 11/17/2065 09:39 6128234272 TECH SALES CO PAGE 61 QUOTE FORl\1 2005 Flow Monitoring Stn,lions Farmington, Minnesota File No. 000141-05246-0 Quote Due: Thursday, November 17~ 200S, at 11 :00 A.M., CST Submit to: Mr. Paul Hornby Bone..'ltrl)O llod Associates 2335 West Highway 36 51. Paul, MN 55113 Ill..- ITEM UNIT QTY COST 1. Sanitar)' Sewer Ma.nhole Flow Monitorin~ LS I q 7, 70 <f · ':!.E Equipment. AJ.TERNATE No.1 2. Laptop Computer. LS 1 ~ ~OOO ~ ALTERNATE No. 2 Pllf,- iyo..{~ .,'.... '* 3. Flow Monitoring Equipment Upgrade LS 1 ~ '1135"' ~ JCfT/(:), for Linden Stre-et Station. Total Quote ~4 S:;,.<e!: ~, Comp.., N~h ~ .s...1~ 's (0. SignDture:~_~_~ Printed Name of Signer: ~,,),'S p~&""'C1:)f Title: ~ I~ ~ ~oe[.:l, I 000141-05246-0 ll;) 2005 Bonoslrl>O. Roscnc, An4'lerlill & As~ooi~tcs Jnc. QUOTE FORM ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members FROM: Robin Roland, Acting City Administrator / Finance Director SUBJECT: Truth in Taxation Hearing DATE: December 5,2005 INTRODUCTION The City Council adopted a proposed Tax Levy and budget for 2006 with Resolution Rl09-05 at the Council meeting on September 6, 2005 and established the Truth in Taxation Hearing to take place at the City Council meeting of December 5,2005. DISCUSSION & BUDGET IMPACT The Truth in Taxation Hearing is held pursuant to State Statute to receive input from residents and other concerned citizens on the proposed budget and tax levy. The hearing will include a presentation by staff of the highlights of the City's proposed 2006 Revenue and Expenditure Budget and the 2006 Proposed Tax levy. Residents have received property specific notices outlining the proposed effect of the 2006 tax levy on their individual property taxes compared to the taxes levied against their property in 2005. The hearing will give residents the opportunity to share their comments and concerns about the proposed 2006 levy and budget. ACTION REQUIRED Receive input on the Proposed 2006 Budget and Tax Levy. Close the public hearing after taking all testimony. Adoption of the Final Budget and Levy will take place at the December 19,2005 City Council meeting. Respectfully submitted, /U~ / Robin Roland Acting City Administrator/Finance Director 2006 TRUTH IN TAXATION City of Farmington City Council presentation December 5, 2005 2006 BUDGET HIGHLIGHTS · Proposed preliminary levy for all purposes is $6,668,204; $818,902 or 14% over the 2005 levy of $5,849,302. · General fund revenues are estimated at $7,765,957 with 67% from property taxes. · No levy limit in 2006. 2006 BUDGET HIGHLIGHTS · Expenditures are proposed to increase by 9.1 % over 2005 adopted budget. · Due to operational cost increases, significant fuel & utility cost increases, existing contractual obligations and additional staffing. · The City's tax base increased by 14% for pay 2006. 1 2006 BUDGET HIGHLIGHTS o Capital outlay for 2006 will be funded by $175,000 capital acquisition levy. o Additional staffing proposed includes two new patrol officers, a promotion to administrative sergeant, an accounting technician, a maintenance worker / mechanic for Public Works/Fleet and an administrative support specialist for Parks & Rec. at mid year. REVENUES 2005 Adopted YS. 2006 Proposed 2001 Adopted 2006 Pro.,- % ch..... Taxe. $4,710,293 $ 5,300,701 11.6% Permits/Lie.ns. 1,124,905 1,006,756 (11.0%) Intergovemmental 310,000 310,000 12.9% Chore_ 316,000 439,000 11.4% Fine. 78,100 83,100 6.4% Interest 225,000 225,000 0.0% Othor 10,000 13,100 31.0% Transfe... In 236,000 347,900 47.4% Total $7,120,288 $7.765.857 9.1% EXPENDITURES 2005 Adopted YS. 2006 Proposed 2001 Adopted 2006 Pro.,- % ch..... Admlnist,..tlon $604,447 $650,710 7.6% HRlIT 302,969 332,944 9.9% Finance 413,636 457,719 10.6% Comm. Dovlp. 739,615 796,021 7.9% Police 2,404,910 2,679,260 11.4% Fire/Rescue 466,959 133,506 13.7% Public Works 1,031.715 1,076,366 4.3% Parks & Rec. 940,625 1,029,661 9.5% Transfe... out 213,000 207,530 (2.6%) Total $7,120,298 7,766,957 9.1% 2 Summary . Tax levy Increase 140'" over 2005' General Fund 110'" . . Revenues overall Increase 15 9.1 %. . Expenditures up 9.1 %; necessary adjustments to reflect actual costs. . Proposed tax levy results In a flat tax capacity: rate: 2005 = 43.767,2006 = 42.868. 8 7 6 5 4 o Revenues [J Expend o Fund Sal 3 2 1 o 2003 2004 2005 2006 1 SUMMARY (con't.) · Market value of median value home: 2005 = $196,700, 2006 = $211,500 · Market value increase 7.52% · City portion of taxes payable median value home: 2005 = $861, 2006 = $907 Growth in Budget, Tax Base & Levy 2001 to 2006 50 40 30 20 10 o 2001 2002 2003 2004 2005 2001 3 lOa... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Acting City Administrator ~ Lee M. Mann, P.E., Director of Public Works/City Engineer 203rd Street Wetland Buffer Discussion FROM: SUBJECT: DATE: December 5,2005 INTRODUCTION At the April 18, 2005 City Council meeting, the City Council agreed to allow modifications to existing wetland buffers on private property. The memo and minutes from that meeting regarding this issue is attached. The Council direction at that meeting was to allow buffers to be reduced in width to a minimum of to-feet along the back property line if a resident is willing to grant the City a permanent conservation easement. Since that meeting, staff has been working with various property owners in this regard. DISCUSSION There are two properties along 203rd Street that have been identified as having encroachments in the wetland buffers and City property. 5215 203rd Street. Beniamin and Jessica Rowan The attached photograph of this property shows the encroachments into the wetland buffer and City property. At this time, the property owner has not granted a conservation easement to the City so the original buffer is still in effect. If the property owner submits the paperwork granting the conservation easement to the City, the limit of the reduced buffer would be at the painted pink line shown on the grass on the photo and by the white stake in the foreground. The pink stake in the foreground indicates the property comer, which shows that sod has been placed in the buffer beyond the property line on the City outlot. The property owner has also indicated that an irrigation system has been installed in the buffer in the area of the rear property line. These encroachments were installed prior to the beginning ofthe buffer discussions in late 2004. 5241 203rd Street. Christopher and Ravit Berg The attached photograph of this property shows the encroachments into the wetland buffer and City property. At this time, the property owner has indicated that the paperwork for the conservation easement is with the mortgage company and that they will be granting the conservation easement to the City. The photograph shows the property comer, the limits of the proposed conservation easement and the limits of the original buffer. As the photograph shows, the property owner has Wetland Buffer Discussion December 5, 2005 Page 2 installed a landscaping/amenity area that encroaches in the original buffer, the proposed conservation easement area and the City outlot. These encroachments were installed in the fall of 2005 after the Council actions in April of 2005 and after the paperwork for the conservation easement was sent to property owners. City enforcement and protection of wetland buffers and City property in the past has required that a property owner remove the objects of encroachment from such areas at their own expense. In the case of 5215 203rd Street, the sod and the irrigation system in the buffer and on City property would need to be removed by the property owner at the property owner's expense. In the case of 5241 203rd Street, the landscaping/amenity area would need to be removed from the buffer and City property by the property owner at the property owner's expense. Seed for restoring the buffer has been provided by City staff or the developer in the past and it would be recommended to continue that practice. It is staff s recommendation, based on past practice and in order to avoid significant costs to the City now and in the future, that staff be directed to require the removal of the encroaching items at the expense of the property owner. There have been similar encroachment issues in the past and City staff has accomplished the removal of encroachments on City property as such. Both property owners have been informed of the situation and have asked to be able to address the City Council regarding this issue. BUDGET IMPACT None at this time. ACTION REQUESTED Council discussion and subsequent direction to staff regarding the enforcement and removal of the subject items that are encroaching in the wetland buffers and City property in question. Respectfully Submitted, ~Y11~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file Benjamin and Jessica Rowan Christopher and Ravit Berg -".0 t (,J }',,:rj, i- , ' .:bljO" .- II · ~. ~, ( , C, iI:~ ;3 ...... .- E ;:i ~ ~ m II III n " i' ., ' :' , (~ . ~..~ III ~ {. ... Ii . { a ~ u 1; ~ El ~ ~ r'll it . "'J . I',,~ I U 'II go " (iI l:l' III ~ I' n :; ~~ ":Jr::Il D b '. III 1'~ ,f '6' a I D Il ff I tr Il ~ !.I " . III .f,l l.i , ! l1:li U III II t os; a[i li I II ll' II nt fP I I III 11\ I ;., , 01 tf Wi) " I]i /ICL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator6!f'\{f\....--, FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Wetland Buffer Issue DATE: April 18, 2005 INTRODUCTION The issue of wetland buffers on private property has been raised by several residents in the City. When the City's wetland buffer ordinance was first put into place, buffers were allowed on private property (this practice is no longer allowed, buffers must now be contained in outlots dedicated to the City). Lots were platted with a drainage and utility easement that encompassed the buffer on the property. Residents had expressed concerns that they were not aware that the wetland buffer behind their homes was included in their lot size and in many cases it takes up a significant amount of their back yards. Staff met with the DNR, MPCA and SWCD to discuss possible options to address the residents concerns. The proposal that was discussed at the meeting is to reduce the amount of required buffer on the private property to lO-feet, the width of the standard drainage and utility easement on a rear lot line. The agencies are amenable to this proposal if the remaining buffer areas are strictly enforced. At the January 19,2005 City Council Workshop, the Council directed staff to survey the affected residents to find out how many of the property owners would be in favor ofthis proposal. DISCUSSION 44 wetland buffer surveys were sent out on February 18, 2005 and 36 have since been returned. Of that 36, 4 property owners were in favor of the wetland buffer staying as it currently is and 32 property owners were in favor of reducing the buffer to 10 feet, so the survey results indicate that the majority ofthe residents are in favor of reducing the buffer on their property to lO-feet. If it is determined that the buffers should be reduced, the following issues will need to be addressed: 1. A decision would need to be made as to whether the City would go ahead and vacate those portions of the existing drainage and utility easements that were platted to encompass the buffers that are larger than the standard drainage and utility easements (lO-feet). If the easements are vacated, there would be the opportunity to incorporate language in the vacation document that identifies the buffer area as a conservation easement (granted by the property owner) that would show up in future title searches when the properties are sold. Future owners should then be aware of the buffers. Vacating the easements would involve a cost and staff time. 136 2. The City would need to decide if the concept would be applied across the board or if the residents have a choice. For the residents that are happy to have a 40-foot buffer on their property, does the City still vacate a portion of the drainage and utility easement and document the 40-foot buffer (in a conservation easement), or is the IO-foot buffer documented and the buffer width is left up to the property owner? BUDGET IMPACT None at this time. As actions are determined, staffwill bring back cost implications as requested. ACTION REQUESTED Council discussion and direction to staff on how to proceed on this issue. Respectfully Submitted, ~Yz1~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Affected Residents 137 Council Minutes (Regular) April 18, 2005 Page 7 MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R42-05 approving the Comprehensive Plan Amendment for the northern portion of 1024 8th Street from low/medium residential to business and adopt ORDINANCE 005- 528 approving a rezoning for the northern portion of 1024 8th Street from R-2 to B-l. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 7t a) Wetland Buffer Issue - Engineering On January 19, 2005 Council held a workshop to discuss an issue with wetland buffers on various properties. Previously, wetland buffers were allowed on private properties. The lots were platted with drainage and utility easements, but as the county does not allow buffer easements to be placed on plats there was no indication that there were buffers on those lots. Residents have expressed concern with having significant areas of the back yards containing buffers. Since then, the City has changed the ordinance to require that buffers be included in outlots and not on private property. The solution from the workshop was a compromise. On most lots there is a lO-ft. rear-yard drainage and utility easement. Some of these easements were up to 40 ft. deep to encompass the buffers. The proposal was to reduce the width of the buffers on all of the properties to 10 ft. which would equal the typical drainage and utility easement at the back of the lot. Staff surveyed the affected residents as to whether they would like to have the buffer reduced to 10 ft. or whether they would prefer to keep the buffer as is. 44 surveys were sent and 36 have been returned. Four owners were in favor of keeping the buffer as is and 32 owners were in favor of reducing the buffer to 10 ft. If the Council approves reducing the buffer to 10ft. the Council needs to decide whether the City would vacate the portions of the existing drainage and utility easements that were originally platted to encompass the buffers larger than the 10ft easement. If the easements are vacated staff recommended receiving a conservation easement over the 10ft buffer so there would be documentation for the future that there are buffers on the property. Future buyers would have the opportunity to review the title work that would indicate the conservation easements. The second issue would be for Council to decide if this should be applied across the board or for those residents preferring the wider buffer would the City allow them to keep the easement, or would the City vacate the easement to be 10ft wide and allow the property owner to do what they wish beyond that. If the easements are vacated it would involve staff time and a surveyor would need to write up the legal descriptions. Councilmember Wilson asked how the City manages the wetland buffers now. City Engineer Mann replied staff needs to ensure the buffers are not encroached into. Owners are not allowed to mow the buffer. Staffhas done bums, reseeding, and replanting. Councilmember Pritzlaff asked about who the surveys were sent to. The surveys were sent to Charleswood and Middle Creek. For those that want to leave the buffer as is, if the property was sold, would Council have to deal with it at that time, or would it be better to vacate all of the easements. Staff did not 14 Council Minutes (Regular) April 18, 2005 Page 8 know if those property owners would want to do that. Councilmember Pritzlaff would prefer to see the easements across the board. Staff felt there is an advantage to that as far as enforcement. Mayor Soderberg asked about the process for the City to do a blanket vacation. Attorney Poehler replied she was not sure if the City would want to do a blanket vacation. She suggested dividing the City up into parcels and then work with the residents in the areas to obtain a conservation easement and then do a vacation once the City has the conservation easement for that area. CounciImember Wilson felt this was a reasonable idea, however he was uncomfortable asking a homeowner to vacate a portion of their property which they believed was useable. Mayor Soderberg explained they are vacating the 30- 40 ft. buffer so residents will be allowed to use more of their property and in exchange, obtain a conservation easement so the City still maintains some protection for the wetland. Councilmember Wilson was not comfortable with changing the use of the land for the owner. He wanted the owner to have the additional 1 0 ft. as mowable area. Mr. Michael Pierce, 5137 203rd Street W, noted staff did not say three surveys requested all of their property back, and regarding the four who said they wanted the buffer to stay the same, there were also some that swayed the other way. Mayor Soderberg asked about the depth of his lot. Mr. Pierce stated it is 110ft. The Mayor then asked about the depth of the wetland buffer. Mr. Pierce stated 25 ft. He has 20 ft. as a useable back yard with the buffer in place, however, their deck is 13 ft., so he has 7 ft. for a backyard. With the change in the buffer he would have an additional 15 ft. of use able space in his backyard. Councilmember Wilson understood the markers for the buffer were placed after the homeowner purchased the property. To vacate the buffers is a reasonable idea, but he would prefer to allow the owners to use their entire lot. In other words, going beyond vacating the buffer. Mr. Pierce stated if the conservation easement is obtained from homeowners, now that their lot has been graded to the stakes, they need to replace the area with prairie grass, but there is a chance the City will burn off 10ft. along the backyards on occasion? That would concern the homeowners. Mr. Pierce noted the City suggested they would take a strip of homes and ask them to sign off on the conservation easement and then vacate the property. Some owners will still have the question as to what the City will do with that 10ft. Mayor Soderberg noted as it is today that land is still a wetland buffer. The land is unuseable and would be managed by the City to protect the wetland. That is the idea behind the wetland buffer - to protect the wetland. Council is trying to reach a compI;.omise to protect the wetland and to allow the owners more useable space. He understood it is frustrating but grading back to the stakes is a violation of the ordinance. Mr. Pierce noted all ofthe homes in their area were graded back to the stakes. When he signs off on the conservation easement, the question will still be does the City have the opportunity to do what 15 Council Minutes (Regular) April 18, 2005 Page 9 they want with the materials he puts in the buffer. City Engineer Mann stated it has not been decided who will restore the buffer. It might make more sense for the City to do it to have consistency with the vegetation. Mayor Soderberg asked if the owners have any recourse against the builders for grading to the back of the property. Staff replied the time and cost involved would not be worthwhile vs. the cost to plant native materials. Councilmember McKnight felt vacating down to the 10ft. is the best solution. The agencies have given some by allowing just 10ft because the City is so dedicated to preserving wetlands. Mayor Soderberg noted the Attorney has suggested working with each home owner to sign off on the conservation easement before vacating the easements and Mayor Soderberg agreed that is what should be done. b) Flagstaff Avenue Traffic Study - Engineering At the April 6, 2005 special meeting Council directed staff to initiate a traffic study on Flagstaff Avenue due to the proposed high school. The cost is $4,700. This does not include any further meetings and the end result would be a report from the traffic engineer. If traffic counts are needed, City staff will do that portion. Staff received information earlier tonight from the school district that they are planning on doing their own traffic study. If Council has a modification to their direction to staff, staff would need to know that. Mayor Soderberg noted the school is going to do their own traffic study and yet two of them said duplication of efforts was a waste oftaxpayer dollars. City Administrator Urbia stated he attended the school's planning meeting. There were other issues discussed at that meeting that concerned staff as to how the school is proceeding. The school will consider this at their board meeting on April 25, 2005. Staff suggested arranging a meeting with the school. The school is also talking about doing their own feasibility study. This is not how things are normally done. There are things that will lead to duplication. There are a lot of technical issues in the feasibility study where the City Engineer would be needed. Mayor Soderberg asked ifit was unclear at the joint meeting that even if the school went ahead on their own with the feasibility study, it would still have to be reviewed by the City Engineer and they would have to pay for that. Council felt it was very clear. The school asked if there is an ordinance requiring the City Engineer do the work. In the end, the Council makes the decision. Attorney Poehler stated there is not an ordinance specifying that. It is part of the City's process in reviewing a development of any sort, that the City has the ability to require the work be done to support the City's review. The City has the ability to ensure it coincides with the City's specifications when it comes to public improvements. By statute, the City Engineer is required to do the feasibility report or another entity at the direction of the Council. Council suggested giving the school a copy of the statute. City Administrator Urbia felt there is a lack of understanding by the school. Mayor Soderberg recalled it was stated several times during that meeting. Attorney Poehler got the impression the school does 16 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /o./; TO: Mayor, Council Members, Interim City Administratort FROM: Jennifer Collova, Natural Resources Specialist ~ SUBJECT: Approve Funding for Metro WaterShed Partners DATE: December 5,2005 INTRODUCTION Metro WaterShed Partners is a coalition of over forty public, private and non-profit organizations in the Minneapolis/St. Paul, Minnesota metropolitan area that, through collaborative educational outreach, teaches residents how to care for area waters. The City of Farmington is a member in this partnership. The mission of Metro WaterShed Partners is to promote a public understanding that inspires people to act to protect water quality in their watershed. Partners cooperate through educational projects, networking and sharing resources. DISCUSSION The Minnesota Water - Let's Keep it Clean campaign assists the City of Farmington in meeting its educational BMP set forth in the City's NPDES Phase II Stormwater Pollution Prevention Plan (SWPPP). Farmington has used many brochures, handouts, web resources and the WaterShed Exhibit produced by the Metro WaterShed Partners as part of the education and outreach portion of the City's SWPPP for little or no cost to the City. By contributing to the Minnesota Water - Let's Keep it Clean campaign we can help ensure that their work will continue and they will be able to provide materials for the City's use. The City's contribution also helps show the City's commitment to addressing storm water runoff issues. BUDGET IMPACT Metro WaterShed Partners are currently seeking funding to continue their Minnesota Water - Let's Keep it Clean campaign. This campaign is specifically designed for municipalities in order to achieve their goals for NPDES Phase II. The materials produced and information gathered from this campaign is a great asset and provides great value for the City. The annual support requested is $1,500, which would be funded out of the City's storm water fund. The cost to the City to create the materials that have been provided by the Metro WaterShed Partners would be in excess of$I,500. ACTION REQUESTED Approve the expenditure of $1 ,500 to support the Metro WaterShed Partners for 2006. R~ectfullY ~m~tteJi <~ lRJfV'- Jennifer Collova Natural Resource Specialist cc: file IOe, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council members 4, FROM: Robin Roland, Acting City Administrator SUBJECT: Cataract Fire Relief Association 2006 Pension Request DATE: December 5,2005 INTRODUCTION The Farmington Fire Department Cataract Relief Association has submitted its request for the 2006 pension benefit and municipal funding for that organization. DISCUSSION & BUDGET IMPACT The Board of Directors met on November 28, 2005 and approved a request to the City of Farmington to increase the annual benefit to $3,500, effective January 1, 2006. Their request memo is attached. At the City Council budget workshop on October 26, 2005, an increase in annual benefit to $3,350 and a City contribution of $62,500 were discussed. The increase to the $3,350 level would be a 4.7% increase over the 2005 annual benefit amount; the $3,500 level would be a 9.4% increase over 2005. The City contribution of $62,500 is included in the Proposed 2006 City Budget. ACTION REQUIRED Consider an amendment to the Fire Relief Association by-laws increasing the annual pension benefit effective January 1,2006 to $3,350. Respectfully submitted, ~4;I Robin Roland Acting City Administrator Date: November 29,2005 To: Mayor & City Council From: Farmington Fire Department Cataract Relief Association Subject: Association Pension Request for 2006 The Board of the Farmington Fire Department Cataract Relief Association met on November 28, 2005 to discuss the pension request for 2006. Various meetings with City staff and Council were discussed. The Board felt that an increase in the city's contribution was in order due in part from the increase in members, along with an increase in our yearly pension. After reviewing our recent financial statements we are confident that our request is justified and within reason. The Cataract Relief Association is requesting a yearly increase in the pension of $300.00, which would put it at $3,500.00 per year. The city's contribution would be $62,500.00 a $2,500 increase from 2005. If you have any questions please feel free to contact President Bill Sauber or Treasurer Jay Clinkscales. Thank You. Respectfully submitted, ~~~ William Sauber President c.c. Robin Roland, Acting City Administrator Cataract Board of Directors File Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees.