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Home My WebLink About10.17.05 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 promisingfitture. AGENDA PRE-CITY COUNCIL MEETING October 17, 2005 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT Council 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 OCTOBER 17, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) 2004 Life Safety Achievement Award - Fire Department , CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (10/3/05 Regular) (9/28/05 Special) b) Approve Temporary On-Sale Liquor License - Administration c) Adopt Resolution - Approve Gambling Event Permit - Administration d) Adopt Resolution - Approve Gambling Event Permit - Administration e) Adopt Resolution - Approve Gambling Event Permit - Administration f) Approve Disposal of City Property - Police Department g) School and Conference - Fire Department h) School and Conference - Fire Department i) Acknowledge Receipt of Grant - Fire Department j) Capital Outlay - Parks and Recreation k) Adopt Resolution - Accepting Donation - Parks and Recreation I) Approve Solid Waste Exemptions - Parks and Recreation m) September 2005 Financial Report - Finance n) Approve Wetland Conservation Act Permit Executive Estates - Community Development 0) Adopt Resolution - Executive Estates Development Contract - Engineering p) Approve Updating of Comprehensive Utility Plans - Engineering q) Approve Change Order Main Street Phase II - Engineering r) Third Quarter Building Report - Community Development s) Adopt Ordinance - Text Amendment Screening of Roof Mounted Equipment - Community Development t) Approve Bills Action Taken Presented Approved Approved Rl18-05 R119-05 R120-05 Approved Approved Approved Acknowledged Information Received R121-05 Approved Information Received R122-05 R123-05 Approved Approved Information Received Ord 005-545 Approved u) Adopt Resolution - Approve Gambling Premise Permit - Administration 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Ash Street Project Special Assessment Objection - Engineering 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION -ISD 192 Litigation Matters 15. ADJOURN R124-05 Assessment Stands 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 OCTOBER 17, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) 2004 Life Safety Achievement Award - Fire Department " CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (10/3/05 Regular) (9/28/05 Special) b) Approve Temporary On-Sale Liquor License - Administration c) Adopt Resolution - Approve Gambling Event Permit - Administration d) Adopt Resolution - Approve Gambling Event Permit - Administration e) Adopt Resolution - Approve Gambling Event Permit - Administration f) Approve Disposal of City Property - Police Department g) School and Conference - Fire Department h) School and Conference - Fire Department i) Acknowledge Receipt of Grant -Fire Department j) Capital Outlay - Parks and Recreation k) Adopt Resolution - Accepting Donation - Parks and Recreation I) Approve Solid Waste Exemptions - Parks and Recreation m) September 2005 Financial Report - Finance n) Approve Wetland Conservation Act Permit Executive Estates - Community Development 0) Adopt Resolution - Executive Estates Development Contract - Engineering p) Approve Updating of Comprehensive Utility Plans - Engineering q) Approve Change Order Main Street Phase II - Engineering r) Third Quarter Building Report - Community Development s) Adopt Ordinance - Text Amendment Screening of Roof Mounted Equipment - Community Development t) Approve Bills Action Taken Page 1-1 Page 2-1 Page 3-1 Page 4-1 Page 5-1 Page 6-1 Page 7-1 Page 8-1 Page 9-1 Page 10-1 Page 11-1 Page 12-1 Page 13-1 Page 14-1 Page 15-1 Page 16-1 Page 17-1 Page 18-1 Page 19-1 Page 20-1 Page 21-1 u) Adopt Resolution - Approve Gambling Premise Permit - Administration 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Ash Street Project Special Assessment Objection - Engineering 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION -ISD 192 Litigation Matters 15. ADJOURN Page 22-1 Page 23-1 QJ ~ = ~ . ,.... ~ rIJ. = ~ ~ ~ QJ ~ e'd QJ .. . ,.... ~ ,..... e'd . ,.... ~ = QJ ~ . ,.... rIJ. QJ = ,~.. 1_ ~ ;:: t::::) !} ~ ~ .2 ~ \..t::l ~ ~ ~ .~ 1: ~ tt .~ ~ ~ ~ .~ ~ ;: .s ~ .~ ~ . ~ ~ ~ ~ ~ ~ ~ ;:: 'N ~ ~ ~ ~ '5 tt ~ ~ ~ ~ ,e. 'N S ~ t::::)\ri ~ c::l :a~ ON ~ l}t1 ~~ t::::) .... ~a 5~ ~~ 'N ~~ ~ .~ ..... ~ 'N ~ ~~ ~ e ~ ~ .5 t\ Q) ... :s ... ... ... 10 = - .e- ~ - lIS "";cI) ..c: Q) C .~ lIS~ :E- . .5 ....l... ~ = 0..8 c:: .; Q) c:: ~ ~ Q) "" Q o 0 LlJU U Q) ~ ~ ... lIS = "" Q) ; "'0 = .- .... Q) ""C:: Q..- lIS "i :s Q) ... Q~ <= ~ ~ ; .2 Q~ 10 - lIS ..c: 10 :u ...:E = Q) Q) "" "'0 ... .; iii.. 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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 Joel Jamnik, 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 Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked about the Ash Street project and wanted to confirm the people along Ash Street connecting to sewer and water would pay an assessment of $3,450 for water and $4,200 for sewer and Highland Circle residents would pay $4,250 for water and $5,500 for sewer. The assessment of $454.54 per residential equivalent unit is for residents within the assessment boundaries. Councilmember McKnight then noted on the ad for the City Administrator it reads 10 years experience. He would prefer to have 7-10 years experience as last time. Mayor Soderberg asked if the $454.54 is included in the amount for those assessed along Ash Street and Highland Circle. City Engineer Mann replied the people along Ash Street that were in the township do not get assessed for the street portion of the $454.54 because the county pays 100% of improvements in townships. Those residents do have the storm sewer portion ofthat assessment as the county only pays a portion of that. The project came in under budget and there were a few more properties added in the final calculation. Councilmember Wilson noted the request to rename the ballfields was a good request, but questioned as to how the sign would be paid for. Staff suggested the cost ofthe sign be discussed at the regular meeting. . ""'. . Council Minutes (Pre-Meeting) October 3, 2005 Page 2 Councilmember Pritzlaff asked about the completion date of the Ash Street project. City Engineer Mann stated the date in the contract is November 4,2005. Mayor Soderberg asked about the frontage road along 8th Street where it intersects with Ash Street. Staff replied it will be closed. 5. STAFF COMMENTS Acting City Administrator Roland noted there is a supplemental item to approve the donation oftools from the Fire Department to a Fire Department in Mississippi affected by Hurricane Katrina. Regarding the Fire Department grant application, the information reflects the county's information. Upon further review both the county and the area Farmington covers are indicated in the revised application that will be sent to FEMA. Councilmember Fogarty asked about the Executive Estates final plat and if the construction of 225th Street should be a contingency. City Engineer Mann replied the intent is to have that as a condition of the plat. The issue is how far east the construction should be done. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:45 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~;n^7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR October 3, 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 Joel Jamnik, City Attorney; Robin Roland, Acting City AdministratorlFinance 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; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Bev Preece, Julie Simonson, Adam James, Fred Last, Ed Samuelson, StefKelting, Leon OIT, Kris Calvin, Nancy Norton, David Calvin, Lauren Wustenberg, Caitlin Drogemuller, Colin Moe, Louis Schmitz 4. APPROVE AGENDA MOTION by Fogarty, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Recognition of Dakota Dreamcatchers 4H Club The 4H Club participated in a competition for Community Pride. The 4H Club prepared a display cabinet and a binder on the "Show You Care - Buy a Chair" project and submitted this in the competition. Ms. Caitlin Drogemuller, President of the Dakota Dreamcatchers 4H Club, explained their project. They raised over $14,000 in eight weeks to replace the chairs at the Rambling River Center. $3,000 was received from the Eagle's Club for a computer center. Excess funds were used for fitness equipment. The project received a Grand Champion Ribbon at the Dakota County Fair and went on to the State Fair. The club presented the display case to the City. It will be displayed at the Rambling River Center. Mayor Soderberg stated these young people are champions of the very type of thing we should be celebrating in the community. They did a great job in pulling the community together. Council Minutes (Regular) October 3, 2005 Page 2 6. CITIZEN COMMENTS a) Mr. Bill Toninato Response - Administration A response was sent to Mr. Toninato regarding availability of Council Meeting tapes. 7. CONSENT AGENDA MOTION by Pritzlaff, second by McKnight to approve the Consent Agenda as follows adding item f) Approve Donation of Equipment for Hurricane Victims - Fire Department: a) Approved Council Minutes (9/19/05 Regular) b) Received Information Capital Outlay - Parks and Recreation c) Approved Change Order Fiber Optics - Human Resources d) Approved Grant Application - Fire Department e) Approved Bills f) Approved Donation of Equipment for Hurricane Victims - Fire Department APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Ash Street Area Improvement Project Assessment Hearing - Engineerng The Ash Street improvements will be completed in November. The county is funding 70% ofthe street construction costs and 25% ofthe storm sewer costs. Per policy, 35% of the City's share will be assessed to benefiting properties including lateral utilities, sanitary sewer, storm water, watermain and street costs. The remaining 65% of the street and lateral utility costs and all of the trunk utility costs are funded by the City. Regarding the area wide benefit the properties would receive for the street and storm sewer improvements the appraisal indicated the maximum benefit would be $800 per residential equivalent unit. The area wide assessment is $454.54 per residential equivalent unit. The assessments for sewer and water for those properties connecting to Ash Street is $3,450 for water and $4,200 for sewer and for Highland Circle it is $4,250 for water and $5,500 for sewer. The commercial and multi-family properties have also been assessed. The area to be assessed is from the southern boundary of Farmington, hwy 3 to the east, the alley south ofWaInut Street, and the railroad tracks between 1 st Street and Honeysuckle. There was one objection filed, one hardship request which is not valid as the assessment is less than $500, and one senior deferral that does meet the requirements. Ms. Julie Simonson, 1132 Highland Circle, asked ifthey are charged from today on. Finance Director Roland stated once the assessment becomes official, any resident in receipt of the notice has 30 days to pay the assessment at City Hall with no interest. After that time, it is levied against the properties and payable with the 2006 taxes and beyond. Interest is charged from when it is levied. Ms. Council Minutes (Regular) October 3, 2005 Page 3 Simonson stated the project is not close to being done. Finance Director Roland stated they expect the project to be completed November 4,2005. MOTION by Wilson, second by Pritzlaffto close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight adopting RESOLUTION R116-05 adopting the assessment roll for the Ash Street area improvements, approving the senior deferral, and to table the objection for 30 days to allow staffto review it and give a recommendation. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Request to Rename Rambling River Park Ballfields - Parks and Recreation Mr. Leon Orr has requested to rename the Rambling River Park ballfields to Feely Fields. The ballfields were once part ofthe original Feely homestead and felt renaming the fields would provide a clearer distinction between the school district fields on the north side ofhwy 50 and the City fields on the south side ofhwy 50. The Park and Rec Commission had two issues. Whether the name would be carried to a new ballfield complex should these ballfields be demolished, and who would pay for the cost to construct a new sign for the ballfields. The cost for the new sign is estimated to be less than $100. Mr. Leon Orr, 19161 Echo Lane, stated he made the request for two reasons. The Feely name is a historic name in the community, and the fields are on land the City acquired from the Feely family over 30 years ago. He stated the cost will be taken care of. Ifthese fields are demolished and new fields established in this location he would like the name carried forward, but he understands there are no promises. He has spoken with the Feely family and they agreed with this. Mayor Soderberg felt this is an excellent request to honor our heritage. MOTION by Pritzlaff, second by Wilson to approve renaming the Rambling River Park ballfields to Feely Fields. APIF, MOTION CARRIED. b) Adopt Resolution - Approve Final Plat Executive Estates - Community Development At the July 18, 2005 Council Meeting there were three outstanding issues: - Resolution of the park and trails location - Submittal and approval of the Wetland Conservation Act Permit - Resolution of sanitary sewer easements on the plat The plat consists of 99 single family lots. 225th Street is on the south side, hwy 3 is to the west and to the north is the Farmington Business Park. All lots are over 10,000 sq. ft. The Park and Rec Commission discussed the location of the park with the developer. The Commission recommended accepting the lot in the Council Minutes (Regular) October 3, 2005 Page 4 southwest comer ofthe Farmington Business Park and to trade the lot at a later date for an equivalent amount of park land in the golf course when it is developed and that the land swapped in the golf course be adjacent to the parkland that is required to be dedicated as part of the golf course development. Staff presented a map showing the location of the park, trails and sidewalks. As far as the Wetland Conservation Act Permit, the developer applied for this permit on August 29,2005. The comment period was completed on September 27,2005. The developer proposes to excavate a portion ofthe wetland and mitigate and add new wetland. The Soil and Water Conservation district would like to see more minimization of the impacts and would like to talk with Mr. Garvey. This would be a minor issue with the plat as no lines would be changing. Staff recommended this permit be a contingency to the plat and can be brought back to Council on October 17,2005. Engineering has looked at the requirement to resize some ofthe easements. There is a 30 ft depth for the sanitary sewer. There is a need for a 50 ft. wide easement. Another easement has to go from 20 ft. to 30 ft. There is an existing 20 ft. easement and it is required to be 40 ft. Another contingency is for the developer to show the correct easements on the plat before it is recorded. There have been negotiations between the developer and Castle Rock Township regarding 225th Street. The developer is working on plans for the township's review. Details regarding the timing and extent of the 225th Street improvements will be in the Development Contract. Contingencies to the final plat include: 1. Submittal and approval of a revised final plat showing the resizing of easements for the sanitary sewer system as required by Engineering. 2. Approval of the Wetland Conservation Act Permit by the City Council. 3. The satisfaction of any engineering comments including the construction plans for grading, storm water and utilities. 4. Execution of a Development Contract between the developer and the City and submission of security payment, all fees and costs. MOTION by McKnight, second by Wilson adopting RESOLUTION R117-05 approving final plat and authorizing signing of final plat Executive Estates with the above contingencies. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Discussion of City Administrator Hiring Process - Human Resources Human Resources Director Wendlandt presented updated copies ofthe City Administrator profile, job announcement, and a timeline for filling the position. The costs will be funded through the 2005 Human Resources/IT budget. Staff requested Council to approve the appointment of Mayor Soderberg and Councilmember McKnight as members of the City Administrator Selection Sub- Committee and Human Resources Director Wendlandt as staffliaison and Council Minutes (Regular) October 3, 2005 Page 5 approve the materials and authorize staff to begin the recruitment process for the City Administrator position. Councilmember McKnight noted the announcement reads 10 years experience. In the past we used 7-10 years experience and recommended we go back to that. Council agreed. He noted there would be a public meeting for the finalists so others would have an opportunity to meet the candidates. Mayor Soderberg suggested under goals "the need" be eliminated from each goal and suggested other minor changes. Acting City Administrator Roland asked if the sub-headings under the goals should be deleted. Council agreed. Mayor Soderberg stated ads will be placed immediately and the application deadline is November 4,2005. The selection committee will narrow the field of candidates down on November 18,2005. By November 28,2005 there should be 5-6 finalists. Interviews, a reception, and management assessments will be the week of December 12, 2005. A selection will be made and an estimated start date will be January 30,2006. MOTION by Pritzlaff, second by Wilson to approve the appointment of Mayor Soderberg and Councilmember McKnight as members ofthe City Administrator Selection Sub-Committee and Human Resources Director Wendlandt as staff liaison and to approve the materials and authorize staff to begin the recruitment process for the City Administrator position. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember McKnight: Residents received a letter from the Police Department notifying them that a level 3 sex offender notification meeting will be held on October 11,2005 at the High School from 7:00-8:30 p.m. A level 3 sex offender will be relocating on October 5,2005 to the 1200 block of Willow Trail. The notification was sent to everyone within one mile of that area. He was concerned that this person is moving in this week and the notification meeting will be held next week. Police Chief Siebenaler stated the Police Department received notification from the Department of Corrections last Wednesday that this person would be moving into the City. This was originally scheduled for last Friday, so it would have been two days notice. With some persuasion the arrival date was postponed to October 5,2005. This person has served his term and met the criteria for release. He is still under supervision of the Department of Corrections. With the late notice the City received, the earliest staff could make arrangements with the Department of Corrections, who will coordinate the meeting, was for October 11, 2005. For those residents not in the one square mile, the notification was also given to the newspaper. Participation at the public meeting is not limited to those people in the one square mile. Anyone can attend the meeting. It is important to give him a chance to succeed. His best chance of success comes from the community. At the public meeting, the Department of Corrections will discuss his offenses and the conditions of his release. They will describe what measures will be taken to monitor his activities. He is employed and will be living in a private home. Mayor Soderberg asked Council Minutes (Regular) October 3, 2005 Page 6 if staff was able to address the routine occurrence of late notifications from the Department of Corrections. Police Chief Siebenaler stated that is a situational issue. They feel they gave as much notice as they could and delayed the arrival by five days. Councilmember Fogarty suggested this notification be placed on the website. Councilmember Pritzlaff: The Cedar Group meeting was cancelled. He attended the AMM Met Council meeting with the Mayor. He thanked Mr. John Kapustka for arranging a Fall Tour de Farmington. He attended the last Planning Commission meeting and there was a discussion regarding development on the east side of the City. He felt Council was overdue in meeting with staff and determining what type of development is envisioned for this area. The Met Council would like to update their Comp Plan by 2008 and felt the City would also be in line for this. Acting City Administrator Roland suggested the Council and Planning Commission and staff have a workshop to discuss these issues. Properties which have petitioned for annexation are not included in the Comp Plan and nothing can be done with these until that situation is resolved. Staff would like to build on the partnerships with the townships for orderly annexation. Mayor Soderberg suggested including representation from Empire and Castle Rock Townships. Community Development Director Carroll stated there is a sizable development within the Spruce Street area. There is a medium and high-density residential area consistent with the Comp Plan and zoning, but some concerns at the Planning Commission meeting went beyond planning for areas in the township. There were some reservations about the proportions of multi-family and single family. He suggested starting out with discussions of the livable communities guidelines and goals adopted in 1995. Staff could provide an update on the progress since then, bring in a Met Council representative, discuss affordability of housing units, the provision of rental housing, etc. He suggested establishing an understanding of these things before discussing township properties. Acting City Administrator Roland suggested obtaining dates from Council and the Planning Commission. Staff would like to meet this month. Council recommended October 19, 2005 at 5:00 p.m. Mayor Soderberg: He gave an overview ofthe first Dakota Communications Center Board of Directors meeting. They discussed the Joint Powers Agreement and officers were elected. There are a lot of issues to be considered. The next meeting will be November 17,2005 at 8:00 a.m. in Apple Valley. Staff noted the first meeting ofthe Design Advisory Committee and the architects interviews will be held next Tuesday. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:16 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~>>?dd:L Cynthia Muller Executive Assistant COUNCIL WORKSHOP MINUTES 2006 BUDGET CITY ADMINISTRATOR SELECTION PROCESS September 28, 2005 1. CALL TO ORDER Mayor Soderberg called the meeting to order at 6:00 p.m. Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson Also Present: Andrea Poehler, City Attorney; Robin Roland, Acting City AdministratorlFinance Director; Dan Siebenaler, Police Chief; Lee Mann, Public Works Director/City Engineer; Brenda Wendlandt, Human Resources Director; Lisa Shadick, Administrative Services Director; Bill Sauber, Fire Department; Rosemary Swedin, Accountant; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Pritzlaffto approve the agenda. APIF, MOTION CARRIED. 3. 2006 BUDGET Finance Director Roland gave an overview ofthe budget document and how the items contained in the budget are determined. She explained the separate funds and the expenses that come out of those funds. In putting the budget together, 2005 was used as a base year. Council had directed staffto look at a 14% levy increase. Ofthat levy increase, $100,000 went to pay for additional debt service. $175,000 ofthe levy went to a capital project fund to pay for the acquisition of computers and equipment throughout the City instead of bonding for them. The balance ofthe levy went to the General Fund. Staffmade some minor changes to the 2005 revised budget. In July the City was in good shape. However, staff is still concerned about building permits. There was a significant rise in building permits this week because two new developments have opened. There should be an increase in OctoberlNovember but that might not be enough. Therefore, staff is looking at potential cuts which will be presented to Council later in October. Mayor Soderberg noted capital acquisitions are budgeted at $175,000, but there is $199,000 in expenditures. Finance Director Roland explained that fund has accumulated a fund balance from previous years' bonding. She noted the Fire Chief has asked to have an item he put forward reconsidered as it was pushed off to a future year. This is for an air compressor. Fire Chief Kuchera requested this equipment be in the budget for 2006 and it was shifted to 2007. Each of the departments was asked for a prioritization, and when one was not received, the choice was made between refurbishing the rescue truck in 2006 in order to put that in the new fire station or the $25,000 for the air compressor. A new air compressor will also be installed in the new station in addition to this replacement. Mr. Sauber explained the capabilities of the current compressor compared to a new compressor. The current one cannot be filled to capacity. The Fire Department Council Workshop September 28, 2005 Page 2 has applied for a grant, but it has not been officially awarded. If the grant is received, it could be used to pay for the compressor in 2006 and it could then be eliminated in 2007. Mayor Soderberg then asked about the private capital projects fund. Finance Director Roland replied that accounts for the 25% overhead collected for engineering and administrative projects. She explained how the billing process works. Councilmember McKnight asked about the building permit number and how it was determined. Finance Director Roland replied $950,000 is for 350 new building permits. A new building permit is approximately $2,750 including base fee and plan review. This number has been used for the last two years. In 2004 the number was 440 permits, however, Riverbend did not come in. This number does not cover any commercial, industrial or retail permits. They are a separate revenue that is not budgeted. Councilmember McKnight stated his question goes to looking at this year and last year and not achieving the anticipated revenues. Why keep the revenue that high for next year? Finance Director Roland stated Community Development has assured her we have enough development in the pipeline to go for 500 houses in 2005. Unfortunately, we are behind the curve. We have the lots and the demand, but not enough time to get it done before year end. For the month of September so far there are 35 building permits. In 2003 the number of permits was budgeted at 275 and came in at 543. Police Chief Siebenaler explained that last year the Riverbend development was delayed by a lawsuit and this resulted in the shortage of building permits. This year there is Charleswood Crossing, Parkview Ponds and Mystic Meadows. Parkview Ponds began issuing permits on Friday which was later than expected. Mystic Meadows is installing curbing today. Charleswood has been issuing permits for two weeks. This year the lots exist which is the difference from last year. Finance Director Roland stated we may not make the 350 permits, but we will probably make the dollars because of commercial, industrial and retail that are not budgeted. Councilmember McKnight stated he wants to go for the dollars. This revenue has been missed the last couple years, so he would rather over achieve in the next couple years. He would like to reduce that number and he realized that would mean finding cuts somewhere else. Finance Director Roland stated as of yesterday there were 1,420 lots platted. Parkview Ponds has 147 lots available now. Charleswood Crossing is 151 lots. Mystic Meadows 1 st Addition has 274 lots. Middle Creek East has 26 lots left. Middle Creek Estates has 26 lots left. The final plat for Executive Estates will be presented at the next Council Meeting and that has 99 lots. We will run out of year before we get the houses in. Councilmember McKnight suggested changing the number to 300 building permits which equals $825,000. We have 350 permits in the budget at $950,000. This is a decrease of$125,000. Mayor Soderberg noted we are budgeting to dip into the fund balance in 2006. Finance Director Roland stated that is Citywide. Mayor Soderberg stated we are still short $144,000. Does that come out of the fund balance? Finance Director Roland stated it comes out of the fund balance in a variety of different funds not in the general fund. The $144,000 comes from the debt service fund which is what that fund is there for- exclusively to pay for debt. Councilmember Pritzlaff stated we budgeted for this year at $1.1 million in permits. Finance Director Roland stated that includes all permits. All permits is not just building permits, but also water, sewer, deck, burning permits, etc. Councilmember Pritzlaff Council Workshop September 28, 2005 Page 3 stated the lots may be there, but he is hearing the market is not going up. He asked what would be wrong with being under budgeted at 300 and hit 350. He asked how many permits does it take to budget that department. Finance Director Roland stated the building permits do not fund just the building department. The general fund accumulates the revenue and it all goes to pay for different things. For a number of years the building permit revenues exceeded the number of expenses charged to it. When building permits are down, we still have the staff and have to pay for inspections. The gap in what we collect for permits and what we have to payout in permit expenses is narrower than it has been in previous years. Councilmember Pritzlaff asked why we do not budget for commercial permits. Finance Director Roland stated because up until now it has not been a significant factor in the City's budget. To reduce the budgeted number of building permits to 300 staffwill have to come up with $125,000 worth of cuts in order to make the budget balance. The cost of the permits is based on the value of the home, so if300 permits come in, the dollar amount equal to 350 permits could be there. Finance Director Roland stated it is her goal to balance the budget for 2005. Last year the fund balance was 21 %. The goal is 35% to 45%. Mayor Soderberg agreed to find a way to reduce the revenue side. Councilmember Fogarty agreed with that for next year and in 2007 look at 350 permits. Councilmember Pritzlaff stated if we see the commercial come in 2006, could we start to put the commercial back in for 2007. The rest of Council was reluctant to do that. Finance Director Roland asked if Council had any suggestions as to where to cut $125,000. Mayor Soderberg stated he is not suggesting cutting $125,000 or drop to 300 building permits. We are looking at $950,000. Councilmember McKnight stated the easiest place to look is at the potential new positions or delaying them. His preference would be everything before the police officers. Police Chief Siebenaler stated the Police Department will share in any cuts that are made. We will suffer along with everyone else. There is not a department in the City that is not understaffed. It is his desire not to be held apart. Police Chief Siebenaler then explained the staffing plan for the Police Department. His plan at 27,000 population shows a staffing ratio of 1.26 police officers for every 1,000 in population. For cities between 10,000 - 25,000 population there is an average of 1.34 officers per 1,000 in population. Two years ago we were at .84 officers per 1,000 population. That was the lowest ratio in the state. He developed a plan based on population, projected growth and the number of officers. The plan gets us up to speed to 1.1 officers per 1,000 population by the time we reach 25,000 population. The profile calls for hiring three officers per year for five years to get to the 1.1 officers and 25,000 population. Ifwe had not grown at all this year we would still have to hire six officers to catch up with the population. In 2005 they budgeted for three officers. The school requested another School Resource Officer and the school paid for him. Due to budget constraints he asked for two officers for 2006 and spread them out over the year. Today the population is estimated at 20,000 as of July/August. If the Certificates of Occupancy continue we will hit 20,500 by the end of the year. Right now we are at 1 officer per 1,000 population. Finance Director Roland stated the officer positions are already delayed in order to make the numbers fit and to fit the training schedule. Councilmember Pritzlaff did not want to delay officers so he asked if there was something else the Police Department could do. Council Workshop September 28, 2005 Page 4 Police Chief Siebenaler stated they had projected a promotion to Administrative Sergeant in 2006 which would be a savings of$8,900. He assured Council ifthey want staff to make cuts they will do so and asked Council to trust them to make the best priority cuts. Finance Director Roland stated many ofthem were fortunate to attend a national conference. Human Resources Director Wendlandt will not be able to go to a national conference this year because ofthe budget crunch. Ifno one goes next year, we are all giving it up. Eight departments at $1,000-$1,500 each you are saving $10,000. Some staff would go to a national conference and pay for it themselves. 70% of the money spent in the City is personnel. The price of fuel is significantly higher in 2005 than budgeted. Staff is looking for ways to reduce the amount of fuel used. They now wait until a garbage truck is full before making the trip to dump it. Councilmember Pritzlaff asked about getting our own fuel tanks. Finance Director Roland stated we have the slab and we could buy the tanks which cost $150,000. The tanks we were looking at were 6,000 gallons. City Engineer Mann stated even if you buy gas in bulk it still takes a lot of years to pay offthat expense, probably more than five years. The City uses 6,000 - 8,000 gallons per month. Councilmember Wilson noted for 2006 the Police Department would like to add two officers and a promotion to Sergeant. If revenues come in, he assumed they would want the opportunity to add a third officer. Finance Director Roland replied no. The CSO is in the 2005 budget, but we stopped having a CSO in August so we will save four months of that salary. In the 2006 budget there is 12 months worth of salary. Ifwe do not hire a CSO until April, then we have a savings, but right now there is no carryover. Police Chief Siebenaler stated ifthere is excess it goes to the general fund. Councilmember Fogarty stated she would be comfortable if people asked to accelerate the positions. Police Chief Siebenaler replied staff would not be comfortable with that. Councilmember Pritzlaffasked about the $19,000 for elections. Staff noted the school also has an election next year which will be combined with the City's election. The school will be billed for a portion of the ballot. Councilmember Wilson felt the debt service is looking good. Finance Director Roland stated she is proud of how the debt service looks. They have worked hard over the last few years to pay offthe debt and consolidate bonds. There are two bond issues which will be levied in 2007. In 2006 there is a debt service of $2.7 million to be paid. In 2007 we will pay $2,767,564. Mayor Soderberg asked if there are expenses they can expect to see in 2006 that are not in the budget. Finance Director Roland explained what the insurance pays for with regard to a lawsuit and the current lawsuits that are pending. Councilmember Pritzlaff asked how snow removal was budgeted for 2006. City Engineer Mann stated for 2005 as of August we used 72% ofthe snow budget. There has been an increase in cost for salt and sand. He figures the number of average events which is about 14. He does not cut the budget back because one year was a light year. He tries to keep it even. Finance Director Roland stated we still have ten employees that are working. The savings is in gas, salt and sand, and some overtime. Council Workshop September 28, 2005 Page 5 Councilmember Wilson asked for an illustration of how the revised 2006 budget would treat a property owner with property worth $150,000, $200,000, $250,000, $300,000, $350,000 and up. It was decided to hold a second budget workshop on October 26,2005, at 6:00 p.m. 4. CITY ADMINISTRATOR SELECTION PROCESS Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson Also Present: Andrea Poehler, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Brenda Wendlandt, Human Resources Director Mayor Soderberg stated Ms. Ruthe Batulis, President ofthe Northern Dakota Chamber of Commerce offered her assistance in the search process. He felt interviews are Council's job and does not want outside entities involved in the interview process. However, designing and offering suggestions on the profile could be valuable input. The Chamber has provided this input. Mayor Soderberg also received a call two weeks ago from Mr. Jerry Serfling, the former labor Business Agent concerned about the selection for an Interim City Administrator. He was referred to the City Attorney. Acting City Administrator Roland and Human Resources Director Wendlandt had also mentioned they might want some input, so Mayor Soderberg contacted Mr. Serfling and received an e-mail from him. Human Resources Director Wendlandt stated staffhas updated a portion of the profile and the announcement and provided copies to Council. The ICMA website has some guidelines for recruiting City Administrators and she also provided copies ofthese and a suggested timeline. Staff discussed with Council whether they want a City Application completed and a resume. Councilmember McKnight stated there should be an application and a resume at a minimum. Councilmember Fogarty would like references, and was not sure if she wanted letters of recommendation. Councilmember Wilson felt requesting a reference letter showed a sincere interest. Mayor Soderberg felt the January 30, 2006 start date could be flexible. Staff gave Council three options as to how to narrow down the applications. Mayor Soderberg asked Attorney Poehler how interviews can be conducted without violating the open meeting law. Attorney Poehler stated you could have someone in a room and each Councilmember interview them individually. She would recommend doing them as an open meeting. Staff noted last time they were identified by number. In the last process, Council received the top 12 or 10 and they discussed each candidate and narrowed it down to the five they wanted to interview. Councilmember McKnight suggested including the starting salary and the full salary range in the announcement. He noted it did not state the years of experience required. Human Resources Director Wendlandt stated last time they required a degree and they had a good candidate who did not have a degree. She talked to him about how broad they want to make this so she left the years of experience out. Council also asked about the budget figure and the population. Councilmember McKnight would like to see years of experience and a degree or equivalent. Councilmember Fogarty agreed. Mayor Soderberg noted the NDC's recommendations are not that different from what Council has. Human Resources Director Wendlandt stated they are similar to the job Council Workshop September 28,2005 Page 6 description. A profile is intended to be a quick overview and not a job description. Mayor Soderberg stated Mr. Serfling liked the walk-around management style, suggested letting the union know as soon as they have a list of finalists and his last suggestion was for the union to be included in the interviews. Mayor Soderberg had informed him that Council will be doing the interviews. Acting City Administrator Roland stated the question arose at the Chamber lunch how they would help interview the candidates. She noted last time there was a reception where all the candidates were available to talk to anyone. This would satisfy the union representatives, the business community, and line staff. She suggested Council may want to consider this. Mayor Soderberg felt this was a good idea. Councilmember McKnight agreed. He suggested doing this the night before the interviews. Human Resources Director Wendlandt talked about where to post the announcement. If Council wanted to look for candidates nationally, it could be posted on the ICMA website. The fee is $250/ad for up to 30 days. Mayor Soderberg had no problem with looking at candidates nationally. Stafftypically places ads with the LMC, Star Tribune, Farmington Independent, possibly the Pioneer Press. The ad would also be sent to the Metro Area HR listserv or the Metro Area Managers listserv. The information would also be on the City's website. Councilmember Pritzlaff asked if we only receive 10-20 applications, do you still narrow it down to five. Staff replied typically it is five or six. Mayor Soderberg stated when we get to November 18, there are three options. He asked if Council wanted to see all the applicants and narrow it down, or should Human Resources Director Wendlandt develop some criteria to narrow them down. Human Resources Director Wendlandt stated Council also has the option of having a selection committee ofthe Council narrow them down. Councilmember Fogarty suggested Mayor Soderberg and Councilmember McKnight be on the selection committee with Human Resources Director Wendlandt. Council agreed. Human Resources Director Wendlandt stated they use a 100 pt scale, giving each qualification a point rating. Those that are closest to 100 pts would move on. Councilmember Pritzlaff asked if having a management team member involved would come back to haunt us. Councilmember McKnight explained that Council would have the final decision. The timeline suggests the Council meet November 28 to discuss the candidates and narrow it down to five or six. Background checks could then be conducted by the police department. The psychological tests would be done by an outside firm. Councilmember Fogarty stated she likes to do her own reference checks. Staff noted police officers tend to get more information than Human Resources. Councilmember McKnight recommended it be done both ways. Human Resources Director Wendlandt confirmed Council wanted the management assessment from either Martin McAlister, PDI, etc. and the background checks would be done by the police department and Council. Mayor Soderberg asked if Council felt there was a need to have a consultant involved in the process. The consensus was to not involve a consultant in the process. Human Resources Director Wendlandt stated the next step is a candidate reception which was discussed. This information will be included in the Council packets. Council Workshop September 28,2005 Page 7 Human Resources Director Wendlandt reviewed what was updated as far as the City Administrator profile. Finance Director Roland stated currently the title for this position is City Administrator/City Clerk. There are some people who would look at the position more favorably as just a City Administrator position and the Clerk's duties were assigned to another position. The last three Administrators commented it would be nice to separate those duties. There is a natural place to put the Clerk's duties which would be with the Administrative Services Director and the Deputy Clerk's duties could then be assigned to another person. This would require an ordinance change. In surrounding cities the Clerk's duties are separate from the City Administrator. Councilmember Wilson felt it was time to separate them. Councilmember McKnight felt nothing should be done now and suggested letting the City Administrator do it. Attorney Poehler stated it is a hold over from being a small community where those functions are combined. Councilmember Fogarty felt it should be left as is. The announcement just reads City Administrator. Mayor Soderberg felt the new City Administrator should make the decision. Councilmember McKnight asked if staff had heard any comments. Acting City Administrator Roland stated she attended the ICMA conference and suggested to a number of people to mention the position to those who might be interested. A couple people had someone in mind and she also has a couple ideas for people she would like to suggest it to. Human Resources Director Wendlandt received a call from someone in Ohio. Councilmember McKnight has received a couple calls. Mayor Soderberg made a couple suggestions for the class specification such as serving on the ALF Executive Committee, the City representative for the High Performance Partnership, etc. Staff felt this could be listed under the background and experience. Councilmember McKnight asked that the 2005 goals be included. Staff noted the community priorities were from 2001 and suggested this be the place for the 2005 goals. Councilmember Wilson suggested calling it Council/Management Team goals. He asked that the wording regarding getting to know the staff and style of operation be revised. He suggested the phrase do not discourage communications from staff to Council be worded more positively. Council suggested several other minor changes. Human Resources Director Wendlandt will make the revisions and it will be on the October 3,2005 Council Agenda. Council recessed this portion of the meeting at 9:00 p.m. Respectfully submitted, ~ 7Yl~ Cynthia Muller Executive Assistant City of Farmington City Council workshop Minutes 9/28/05 The communications section of the workshop began at 9pm. Mayor Soderberg and the Council members requested that the tape recorder be turned off. At this time, the five members ofthe council, City attorney Andrea MacDowell Poehler and Acting Administrator Roland were the only individuals in attendance. Mayor Soderberg addressed the group and indicated that it had become clear that due to a variety of reasons, communications between the five council members had been lacking, resulting in several ofthe members feeling left out of the loop. He asked the question "How can we communicate with each other freely without violating the State's open meeting law?" Council member McKnight discussed the need for team work and the need for the Council to be on the same page and to have the Administrator on that page as well. McKnight also indicated he felt that over the last several months, council roles and staff roles had become less defined, resulting in confusion. He advocated for a single point of contact (in the City Administrator) for both Council and Staff alike. Information should flow to Council from staffthrough the Administrator and questions/information should flow from Council through the Administrator to staff. Attorney MacDowell-Poehler reminded Council that their authority was not as individuals, but rather as a group; that the only way to communicate with one another without violation of the open meeting law was through the City Administrator. That the only person who should be using the 'FA Council' e-mail address was the City Administrator and that the City Administrator should be the focal point passing information back and forth between Council and Staff. This does not prevent (or preclude) Department heads and Council members from communicating with one another, but it focuses the majority of the communication through that one person. The difficulty of being a team when there are differing opinions among members was discussed. The effectiveness of the message ofthose entities speaking with 'One Voice' was also discussed. Council members reviewed recent discussions and compared their perceptions ofthose discussions. They also discussed communications with the press and who should be the point of contact. It was determined that more workshop meetings with open discussion would be beneficial to Council and the Administrator; that Council members would use the Administrator as the central point of contact and the Administrator (even Acting) would coordinate communications; and that Council would work on speaking with 'One Voice' on issues of policy. Motion by Fogarty Second by McKnight to adjourn at 10:15. APIF, MOTION CARRIED. ~?iJd' Acting City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 76 TO: Mayor, Council Members, Interim City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - Knights of Columbus #2400 DATE: October 17,2005 INTRODUCTION The Knights of Columbus #2400 is requesting a Temporary on-sale Liquor License for an event to be held November 19,2005 at St. Michael's Church. DISCUSSION This event will be held on St. Michael's property located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT A City fee has not been established for a Temporary On-Sale Liquor License. In discussion with the Liquor Control Commission, staffwas informed that the State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. Accordingly, no license fee is proposed at this time. ACTION REQUESTED Approve the attached application for a Temporary Liquor License for the Knights of Columbus #2400 on November 19, 2005. Respectfully submitted, ~c ~l~~d~ Lisa Shadick Administrative Services Director Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St-Suite 133 St. Paul, MN 55101-5133 (651)296-6439 TDD (651)282-6555 APPLICATION AND PERMIT FOR A TEMPORARY ON-SALE LIQUOR LICENSE CITY rm'l'\. BUSINE ( ) TYPE OF ORGANIZATION D CLUB DCHARITABLE ~LIGIOUS DOTHER NONPROFIT ADDRESS DATE ORGANIZED ORGANIZATION OFFICER'S NAME ADDRESS Location where license will be used. If an outdoor area, describe ():J J:l f) .Q-PA'I./1/1/LAv-l( .4 lr-€.... ,t:"C\ Y' IYl- " U ~ 1MM. Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. AID Will the applicant carry liquor liability insurance? If so, the c 'er's name and amount of coverage. (NOTE: Insurance is not mandatory.) APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division win be returned as the license. Submit to the city or County at least 30 days before the event. PS-09079 (6/98) City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7e... TO: Mayor, Councilmembers, Interim City Administrator ~ Lisa Shadick, Administrative Services Director FROM: SUBJECT: Gambling Event Permit - Knights of Columbus Council #2400 DATE: October 17, 2005 INTRODUCTION The Knights of Columbus Council #2400 is requesting a Gambling Event Permit for a Bingo event. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue estimates ofthe 2005 budget. ACTION REQUESTED Consider the attached Resolution granting a Gambling Event Permit to the Knights of Columbus at St. Michael's Church, 22120 Denmark Avenue, on November 19,2005. Respectfully submitted, ~t/~q~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -05 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR KNIGHTS OF COLUMBUS Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 1 th day of October 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Knights of Columbus have submitted an application for a Gambling Event Permit to be conducted at St. Michael's Church, 22120 Denmark Avenue for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Knights of Columbus to be conducted at St. Michael's Church, 22120 Denmark Avenue, is hereby approved. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 17th day of October 2005. Mayor Attested to the day of October 2005. Acting City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /lei TO: Mayor, Council Members, Interim City Administrator~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - Cataract Relief Association DATE: October 17, 2005 INTRODUCTION The Cataract Relief Association is requesting a Gambling Event Permit for their Turkey Bingo event at the Farmington Fire Station, 21625 Denmark Avenue, on November 12, 2005. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. An application for the permit has been received and reviewed. The Cataract Relief Association is requesting that the $100.00 in permit fees be waived by the City Council. BUDGET IMPACT None. ACTION REQUESTED Consider the attached Resolution granting a Gambling Event Permit and waiving the permit fees for the Cataract Relief Association at 21625 Denmark Avenue, for Turkey Bingo on November 12,2005. Respectfully submitted, ~d-~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -05 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR CATARACT RELIEF ASSOCIATION Pursuant to due call and notice thereof, a regular meeting ofthe City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 1 ih day of October 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Cataract Relief Association has submitted an application for a Gambling Event Permit to be conducted at the Fire Station, 21625 Denmark Avenue, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Cataract Relief Association to be conducted at 21625 Denmark Avenue is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 ih day of October 2005. Mayor Attested to the day of October 2005. Acting 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 FROM: Mayor, Council Members, Interim City Administrator ~ Lisa Shadick, Administrative Services Director TO: SUBJECT: Gambling Event Permit - Rambling River Center DATE: October 17, 2005 INTRODUCTION The Rambling River Center is requesting a Gambling Event Permit to conduct a raffle for a quilt at the Rambling River Center, 431 Third Street, beginning November 18, 2005. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. An application for the permit has been received and reviewed. The Rambling River Center is requesting that the $100.00 in permit fees be waived by the City Council. BUDGET IMPACT None. ACTION REQUESTED Consider the attached Resolution granting a Gambling Event Permit and waiving the permit fees for the Rambling River Center at 431 Third Street, to sell raffle tickets beginning November 18, 2005. Respectfully submitted, ~d,~~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -05 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR THE RAMBLING RIVER CENTER Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of October 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Rambling River Center has submitted an application for a Gambling Event Permit to be conducted at the Rambling River Center, 431 Third Street for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Rambling River Center to be conducted at the Rambling River Center, 431 Third Street, is hereby approved. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 17th day of October 2005. Mayor Attested to the day of October 2005. Acting City Administrator SEAL If 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 r n/ Acting City Administrator ~. Daniel M. Siebenaler, Police Chief FROM: SUBJECT: Sale of Surplus Property DATE: October 17, 2005 INTRODUCTION The Farmington Police Department routinely forfeits vehicles in conjunction with the prosecution of high level DWI arrests. Many of those vehicles are put to use within the City. However, from time. to time it becomes necessary to dispose of vehicles. DISCUSSION In past years the Farmington Police Department has disposed of numerous vehicles at public auction either at Dakota County or, more recently, at the consignment auction held twice yearly at the Dakota County Fairgrounds. At this time the City is the title holder on four vehicles that are ready for auction. Staff believes that storing these vehicles outdoors over winter will greatly reduce their value. Since the next local consignment auction will not be held until the spring of 2006, staff is recommending that the vehicles be sent to North Star Auto Auction in Shakopee. Auctions are held weekly. BUDGET IMPACT The cost of selling a vehicle on consignment is $150 and taken from the sale price. ACTION REQUESTED Authorize the sale of four forfeited vehicles by public auction at North Star Auto Auction. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 15 TO: Mayor, Council Members and Acting City Administrator ~ FROM: Ken Kuchera Fire Chief SUBJECT: Schools and Conferences DATE: October 17,2005 INTRODUCTIONIDISCUSSION Fire Marshal, John Powers has been asked by the Department of Homeland Security to participate in the peer grant review process for the Fire Act-Prevention Grants. Farmington Fire Department has been awarded a grant from this program each of the past two years. This provides valuable background for future grant writing opportunities. This conference will be held at the National Fire Academy in Emmetsburg, MD. This program will be held October 30, 2005 - November 5, 2005 BUDGET IMPACT The cost is entirely taken care of by the Department of Homeland Security. ACTION REQUESTED Approve the conference for Fire Marshal Powers. Respectfully submitted, );Y" ~~ J , 5 .....:--.....J -~ ~ Ken Kuchera Fire Chief cc: Robin Roland 7), 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 and Acting City Administrator 0/ FROM: Ken Kuchera Fire Chief SUBJECT: Schools and Conferences- Fire Department DATE: October 17, 2005 INTRODUCTION The Fire Department Rescue Squad would like to send four members to the Trauma Tactics class sponsored by Life Link. The dates of the class are October 28th and 29th. DISCUSSION Life Link is sponsoring a two day class covering trauma tactics and procedures in Red Wing, MN. This is valuable training as the Rescue squad responds to a variety of trauma calls each year. The four members of the Rescue Squad that would be attending this training are: Mike Wise, Dan Thelen, Bob Ellingsworth and Francis Blaha. No overnight stay will be required and a Fire Department vehicle will be used for transportation. BUDGET IMPACT The cost of the two day class is a total of$600 for the four members attending including lunch. This money was approved in the 2005 budget. ACTION REQUESTED Approve sending 4 members ofthe Fire Department Rescue Squad to the Trauma Tactics course offered by Life Link. Respectfully submitted, ~..~ ~~~~GdV Ken Kuchera ~......... Fire Chief City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us h' TO: aY Mayor, Council Members and Acting City Administrator VJ Ken Kuchera Fire Chief FROM: SUBJECT: 2005 Assistance to Firefighter Grant Award DATE: October 17, 2005 INTRODUCTION The Farmington Fire Department has been awarded $116,404 from the Department of Homeland Security's Assistance to Firefighters Grant Program. DISCUSSION For the second consecutive year the FFD has been awarded a grant from the Department of Homeland Security. The money will be used to provide the department with new personal protective firefighting turnout gear, 11 new breathing apparatus (to complement last years award) and a cascade system and compressor to fin breathing air bottles. The City will be responsible for a 5% match as a condition of award. BUDGET IMPACT The required matching funds will be $6,127. These funds are part of standard fire department expenditure line items in the 2006 proposed budget (i.e. uniforms includes gloves, helmets, turnout gear; equipment supplies includes SCBA's). ACTION REQUESTED Authorize acceptance of the $116,404 grant from the Department of Homeland Security. Respectfully submitted, ;(J2--,J )/ ~--<-CU <f---.J Ken Kuchera Fire Chief MEMO TO Ken Kuchera DATE October 7, 2005 FROM Troy Corrigan SUBJECT 2005 Assistance to Firefighters Grant CC File Ken, As you know, we were successful with our 2005 Assistance to Firefighters grant request. The budget for our request is as follows: Item 1 SCBA Compressor with cascade system 11 SCBA's 38 Sets Turnout Coat & Pants 38 N omex Hoods 38 Pairs Gloves 10 Helmets 10 Pairs Boots Federal Share $22,800 $44,935 $43,320 $1,083 $1,805 $1,463 $998 Total: $116,404 City Share $1,200 $2,365 $2,280 $57 $95 $77 $53 $6,127 The Department of Homeland Security has awarded us $116,404 for the purchase of these items. The balance of the costs, $6,127, is the 5% matching funds required to be provided by the applicant. I have attached a copy of the award package for your use and Council action. Please contact me with any questions. 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 and Interim City Administrato~ Randy Distad, Parks and Recreation Director FROM: SUBJECT: Capital Outlay - Parks DATE: October 17,2005 INTRODUCTION Staff identified several park capital improvement projects to be completed yet this fall. DISCUSSION Staff solicited quotes for several park capital improvement projects to be completed this fall. Silver Springs Park: Install two concrete walks that will lead to the playground equipment from the bituminous trail that will be constructed on the east side of English Avenue. These concrete walks will satisfY the requirement to make the playground equipment accessible under the American's with Disability Act. Install one concrete pad that a new bike rack will be mounted to. Install two concrete pads that waste containers will be mounted to. Install four concrete pads that will allow four new park benches to be mounted to. North Country Concrete submitted the low quote in the amount of $2,729.00. Hill Dee Park: Purchase two heavy duty galvanized basketball poles that will include two rectangular heavy duty fiberglass backboards and two heavy duty goals with nets. Staff compared equipment and prices found in several sporting goods catalogs and selected the poles, backboards and goals sold by Flaghouse Sporting Goods Staff felt that since this is a full-court basketball court that it was best to purchase better equipment so that it would be able to withstand the heavy use expected from the community. The basketball poles, backboard and goals were purchased from Flaghouse Sporting Goods for $3,184.35 BUDGET IMPACT The total cost of the basketball poles, backboard and goals was estimated to cost $3,000.00 in the park master plan. The actual cost to purchase this equipment was a little more than $184.00 more than the cost estimate. The cost to install the concrete improvements in Silver Springs Park was estimated to cost $2,720.00. The actual cost for these concrete improvements was $9.00 more than the cost estimate. There are funds available in the Park Improvement Fund budget to cover the cost of these improvements. ACTION REOUESTED No action is requested. This is for informational purposes only. :p:;,Sj):iM Randy Distad, Parks and Recreation Director 7k City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and Interim City Administrator f FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation DATE: October 17,2005 INTRODUCTION The Farmington Rotary Club has graciously donated 10 new benches for installation along trails and in parks. DISCUSSION The Farmington Rotary Club contacted Park and Recreation Department staff and expressed an interest in donating 10 benches to be installed along trails and in parks. The total value of this donation is $3,600.00. In addition to donating the benches, the Farmington Rotary Club has also agreed to cover the cost of the installation of the benches, which may occur yet this fall and if not this fall will occur in the spring and summer of2006. The Farmington Rotary Club's name will appear on the backs of the benches so that they can be recognized for their donation. Staff will communicate the City's appreciation on behalf of the Council to the Farmington Rotary Club for their generous donation of 10 benches. ACTION REQUESTED Approve the attached resolution accepting the donation from Farmington Rotary Club. .~lym Randy Distad Parks and Recreation Director RESOLUTION No. ACCEPTING DONATION OF TEN BENCHES FROM THE FARMINGTON ROTARY CLUB 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 17th day of October 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Farmington Rotary Club has donated 10 benches to be installed along City trails and in City parks; and, WHEREAS, the total value of the donation is $3,600.00; 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 with gratitude the generous donation of 10 benches at a value of$3,600.00 from the Farmington Rotary Club. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 17th day of October 2005. Attested to the 1 ih day of October 2005. Mayor Interim City Administrator SEAL 7L 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: October 17, 2005 INTRODUCTION City ordinance allows property owners to request from the City Council an exemption from City garbage service. DISCUSSION Two property owners have requested exemptions from City garbage service. Attached is Exhibit A, which identifies the properties and the reason for the exemption being requested. In the past, the City has allowed solid waste exemptions to occur for these same reasons. ACTION REQUESTED To approve by motion the exemptions identified in Exhibit A. ~y;r;o' Randy Distad, Parks and Recreation Director cc: Benno Klotz, Solid Waste Supervisor Robin Roland, Finance Director Lena Larson, Public Works Administrative Assistant Deb Richter, Accounting Clerk 10 W ~ 00 " ::) ~ 0 c Z-J: .... o~o::: en <(>-W weeJ: I:t:ClI- wO >-0 01- ...Jw c..~ ::2:-< WI- 10 10 00 -- -- ION ......N -- -- 00 0> 00 w.. .. :::i!iClCl oWW 01-1- 1--<-< :;:)ClCl 0'='= ~~ ClCl 00. U::U:: Z LLLL 0 -<-< ..... ~ C =- W ~ ...J -< ~ <( ~>< :::i!i:::f:::f .....~ I:t:ZZ S ~ w =~ l- I- ><-< W ~= ...J ~ W -< !;( ~ l/"l C = ~:::f:::f = M <(ZZ 9 LL LL <( en 1-1- en 00 00 wJ:J: I:t:l-oo C~-< Ct-OO <(............ Nt- Cl z...J wWW :::i!i::::l~ <(-<0::: ZI-W ZZ ::::i0 00::: I:t: w 0:1............ ::200 :;:)100> ZOO 00 I-t-OO Z............ Nt- :;:)00 000 0("1")0 ...... ...... OON <(......("1") ("I") ("I") ,~ 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 AdministratorlFinance Director SUBJECT: September 2005 Financial Report DATE: October 17, 2005 INTRODUCTION The September 2005 financial report is presented for Council's information. DISCUSSION Revenues continue to lag behind in the area of Permits, but the rest of General Fund revenues are on track (or above) through 9/30. Given this approaching revenue shortfall, Management Team met on Monday October 10th to discuss strategies to reduce expenditures for the rest of year to balance the shortfall. The reduction target was $300,000, and each department offered up their share of expenditure cuts. Finance staff is compiling the expenditure cut data and will present the revised 2005 projections at the October 26,2005 Budget Workshop, along with the proposed 2006 budget after council directed reductions. It was made clear to department heads and all City staff that once the expenditure cuts were offered up, it was expected that those cuts would be implemented immediately. ACTION REQUIRED For information only. R~P~t:R~ ~~d~ Acting City AdministratorlFinance Director CITY OF FARMINGTON SUMMARY OF REVENUES SEPTEMBER 30, 2005 75.00 % Year Complete ~E~H~t'4"1'~~f) ))::~~R?:E~t })200$))V1:0 ........ ..... )~} % $ % GENERAL FUND Property Taxes 4,750,293 2,210,096 46.53 1,626,527 45.89 Licenses 28,655 224 20,393 71.17 20,460 92.79 Permits 1,096,250 38,756 446,466 40.73 611,523 65.36 Fines 78,100 7,915 43,711 55.97 53,161 67.29 Intergovernment Revenue 310,000 178,191 356,238 114.92 174,440 54.34 Charges for Service 386,000 43,677 244,716 63.40 142,698 29.41 Investment Interest 225,000 18,750 168,750 75.00 180,000 56.25 Miscellaneous 10,000 95 14,838 148.38 50,322 141.75 Transfers 236 000 19 667 177 000 75.00 232 500 75.00 Total General Fund 7 120298 307 275 3 682 208 51.71 3091 631 51.08 SPECIAL REVENUE HRA Operating Fund 20,500 317 204,392 997.03 304,864 96.73 Police Forfeitures Fund 8,050 2,339 7,041 87.47 6,127 76.11 Park Improvement Fund 292,000 154,277 518,580 177.60 178,847 117.90 Recreation Operating Fund 301,500 40,632 226,328 75.07 212,467 79.37 Ice Arena 247,500 7,281 156,662 63.30 0.00 ENTERPRISE FUNDS Ice Arena 0.00 141,204 49.58 Liquor Operations 3,715,746 299,632 2,477,762 66.68 2,199,359 70.78 Sewer 1,533,857 173,239 937,798 61.14 963,117 70.66 Solid Waste 1,748,077 183,558 1,203,979 68.87 1,117,188 74.65 Storm Water 235,000 51,926 299,800 127.57 214,097 82.48 Water 1 695 000 236731 1309117 77.23 1 049 484 66.12 Total Revenues 16917528 1 457 207 11 023 667 65.16 9478385 63.64 CITY OF FARMINGTON SUMMARY OF EXPENDITURES SEPTEMBER 30, 2005 GENERAL FUND Legislative Administration Elections Communications Human Resources Information Technology Finance Planning Building Inspection Community Development Police Administration Patrol Services Investigation Services Emergency Management Fire Rescue Engineering G.I.S. Streets Snow Removal Signal Maint Natural Resources Park Maint Forestry Building Maint Recreation Programs Outdoor Ice Transfers Out Total General Fund SPECIAL REVENUE HRA Operating Police Forfeitures Fund Park Improvement Fund Senior Center Swimming Pool Ice Arena ENTERPRISE FUNDS Ice Arena Liquor Operations Sewer Solid Waste Storm Water Water Utility Total Ex enditures 67,162 455,528 10,875 70,882 195,206 107,783 413,638 174,080 406,738 158,997 603,905 1,518,203 277,602 5,200 425,849 43,110 284,465 9,798 472,632 102,935 105,600 56,285 407,186 o 157,995 375,644 o 213000 7 120298 42,100 8,050 528,000 148,444 142,533 247 159 o 3,561,633 1,541,497 1,770,599 400,884 1 140558 12,655 109,730 6,842 20,680 8,234 41,043 17,692 39,449 23,267 45,314 154,898 44,860 622 57,859 9,503 9,317 12,741 2,022 9,284 1,706 37,038 11,933 39,259 35 586 751 535 175 8,584 87,139 14,827 7,797 25 834 315,527 123,718 133,766 33,143 136 730 P~RPl;~~?~i)Pl;RPJ;NI i!OOS/Wjo//:2004/i % 79,207 405,314 48,863 137,519 84,590 324,571 128,839 277,184 84,312 430,486 1,098,085 254,244 86,092 250,826 32,669 223,167 323,858 76,396 70,975 39,550 308,066 84,016 295,606 142086 5286521 15,843 13,286 212,520 104,283 125,251 198 956 o 2,529,903 854,900 1,161,571 205,733 543 530 16,651,755 1,638,775 11,252,297 % 117.93 88.98 0.00 68.94 70.45 78.48 78.47 74.01 68.15 53.03 71.28 72.33 91.59 1655.62 58.90 75.78 78.45 0.00 68.52 74.22 67.21 70.27 75.66 0.00 53.18 78.69 0.00 66.71 74.25 37.63 165.04 40.25 70.25 87.88 80.50 0.00 71.03 55.46 65.60 51.32 47.65 $ 48,529 314,426 3,359 48,078 144,778 31,358 308,579 132,178 282,400 66,202 404,357 965,472 186,053 2,029 223,133 29,056 237,340 4,320 416,421 53,306 68,166 260,051 47,823 69,943 293,213 3,330 129750 4 773 650 275,476 9,066 193,864 107,627 130,385 o 207,443 2,124,410 921,461 1,056,908 211,126 594 755 67.57 10,606,171 75.52 73.00 0.00 68.62 79.23 57.16 78.89 77.68 80.65 70.90 77.26 83.63 71.95 126.81 56.83 74.44 88.02 46.29 99.45 54.47 69.56 0.00 99.63 46.45 57.11 95.23 86.49 75.00 78.87 95.26 80.57 88.28 84.98 97.17 0.00 79.02 68.73 25.70 69.88 55.77 24.17 58.52 7'1 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, ~ Acting City Administrator \'\I FROM: Lee Smick, AICP City Planner SUBJECT: Approve Wetland Conservation Act Permit - Executive Estates DATE: October 17, 2005 INTRODUCTION The Executive Estates Final Plat was approved by the City Council on October 3, 2005. A contingency of final plat approval included the need for the developer to obtain a Wetland Conservation Act Permit from the City of Farmington, acting as the Local Governmental Unit (LGU). DISCUSSION At the October 3rd City Council meeting, there were two items that remained unresolved concerning the permit, and therefore, the application approval was a contingency of the final plat. At the October 3rd City Council meeting, staff stated that the remaining issues would continue to be reviewed and if the issues were resolved, the application would be presented to the City Council at it's October 17th meeting for approval. The developer and City staff discussed the unresolved issues including the need to decrease the impact area of the wetland and eliminate excavation within an existing portion of the wetland. The developer has verbally agreed with these requirements and is revising the wetland permit to meet these standards. Therefore, the Technical Evaluation Panel (TEP) has recommended approval of the Wetland Conservation Act Permit upon submittal of an updated permit. ACTION REQUESTED Adopt a resolution approving the Wetland Alteration Permit for Executive Estates contingent upon the developer's submittal of an updated permit. ;;r~ Lee Smick, AICP City Planner cc: Colin Garvey RESOLUTION NO. APPROVING WETLAND CONSERVATION ACT PERMIT EXECUTIVE ESTATES Pursuant to due call and notice thereof, a regular rneeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 1 ih day of October, 2005 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the final plat of Executive Estates was approved by the City Council on October 3, 2005; and WHEREAS, the City Council reviewed the Wetland Conservation Act Permit on October 17,2005; and WHEREAS, the City Council approved the Wetland Conservation Act Permit upon recommendation ofthe Wetland Conservation Act Technical Evaluation Panel. NOW, THEREFORE, BE IT RESOLVED that the Wetland Conservation Act Permit is approved contingent upon the developer's submittal of an updated permit. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 ih day of October, 2005. Kevan Soderberg, Mayor Attested to the _ day of_. Robin Roland, Acting City Administrator 70 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ FROM: Tim Gross, P.E., Assistant City Engineer ~ SUBJECT: Adopt Resolution - Executive Estates Development Contract DATE: October 17,2005 INTRODUCTION The Development Contract for Executive Estates is forwarded herewith for Council's consideration. DISCUSSION The final plat for Executive Estates was approved by the City Council on October 3Td, 2005. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval ofthe final plat. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the Executive Estates Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. Respectfully Submitted, .~ Tim Gross, P .E. Assistant City Engineer cc: file RESOLUTION NO. R -05 APPROVING DEVELOPMENT CONTRACT EXECUTIVE ESTATES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 1 ih day of October, 2005 at 7:00 P.M. Members present: Members absent: seconded the following resolution: Member introduced and Member WHEREAS, pursuant to Resolution No. R88-05, the City Council approved the Preliminary Plat of Executive Estates; and, WHEREAS, pursuant to Resolution No. Rl17-05, the City Council approved the Final Plat of Executive Estates subject to the following conditions: 1. Submittal of a revised Final Plat showing the resizing of easements for the sanitary sewer system as required by the Engineering Division. 2. Approval of the Wetland Conservation Act Permit by the City Council. 3. The satisfaction of any engineering comments including the construction plans for grading, storm water and utilities. 4. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of October, 2005. Mayor Attested to this _ day of October, 2005. SEAL Acting City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 17th day of October, 2005, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Castle Rock Development Corporation, a Minnesota corporation (DEVELOPER). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for EXECUTIVE ESTATES (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. Development Plans and Ri2ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 34G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - ZoninglDevelopment Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been submitted for recording with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 4. Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zonin2lDevelopment Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and reviewed by the City Engineer. Work done not in accordance with the fmal plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued. 225th Street must be paved from TH3 through Cambrian Way before building permits will be issued consistent with paragraph 34D. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. Time of Performance. The Developer shall install all required public utilities, by November 30, 2006, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 2 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. Outlot A shall be deeded to the City following the completion and approval of improvements as required under Plans A - F. 10% of the total security amount shall be held until the required outlots are deeded to the City and the required As-built plans are submitted and approved. A Letter of Exemption, attached to this contract as Exhibit "B", shall be submitted to the County for each outlot at the time that the deed for the outlot is filed with the County. 9. Warrantv. The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the fmal wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for fmal acceptance of streets and utilities. 10. Gradine: Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notify all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of $ 2,952 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 3 12. Landscapine. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including fmish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be transferred to homeowners. C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a fmal plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve fmal plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the tenus of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been fmal platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manaeement Fee. The Developer shall pay an area storm water management charge of $ 229,178 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of$ 31,563 will be given to the Developer for Surface Water Trunk oversizing within the plat. The net result is that the Surface Water Management Fee to be paid with this plat is $197,615. 16. Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Charee. The Developer shall pay a water main trunk area charge of$ 86,001 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise 4 available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of$ 46,320 will be given to the Developer for Water Main Trunk oversizing within the plat. The net result is that the Water Main Trunk Area Charge to be paid with this plat is $ 39,681. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 59,400 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitary Sewer Trunk Area Charg:e. The Developer shall pay a sanitary sewer trunk area charge of$ 73,602 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. A credit of $93,000 will be given to the Developer for Sanitary Sewer Trunk oversizing within the plat. The net result is that the Sanitary Sewer Trunk Area Charge to be paid with this plat is a credit of $19,398. 20. Park Dedication. The Developer shall be required to dedicate 3.06 acres of land for park purposes. The cash in lieu value of this land is $ 183,384. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. The Developer agrees to provide property to the City described as Block 2 Lot 1 in the Farmington Business Park development and the City will hold this property until such time that the Fountain Valley Golf Course is developed. When the Fountain Valley Golf Course property is developed, the City will trade the property decribed as Block 2 Lot 1 in the Farmington Business Park for an equal amount of property in the Fountain Valley Golf Course development that is adjacent to the land that is required to be dedicated for a park as part in the development. The developer will also secure a Letter of Credit an amount of money equal to the cash-in-lieu value of the land that was required to be dedicated for a park in the Executive Estates development. Once the property trade has been made, the City will release the Letter of Credit to the developer. 21. Park Development Fee. The Developer shall pay a Park Development Fee of $ 50,837 that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. The park to which the Park Development Fee for EXECUTIVE ESTATES shall be credited/coded to is the Evergreen Knoll Park (2304-5046). The City shall allow the Developer to either pay the entire park development fee at the time of final plat filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the fmal plat. 22. Sealcoating:. The Developer agrees to pay a fee of $ 11,231 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 23. GIS Fees. The Developer is responsible for a Geographic Information System fee of $ 4,950 based upon the acreage or number oflots within the subdivision. This fee shall be due and payable upon execution of this Agreement 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 5 25. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 26. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 27. Securitv. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 3,031,793. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction 225th Street Inprovements $ 517,367 $N/A $ 579,513 $ 563,675 $ 606,156 $153,368 Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Sidewalks & Trails Park Dedication $ 24,750 $ 58,313 $ 98,750 $ 20,888 $ 148,784 $ 183,384 Two Years Principal and Interest on Assessments $ 76,847 This breakdown is for historical reference; it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifications, and terms of this Agreement, and that all fmancial obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the fmancial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all fmancial obligations to the City satisfied, the required "as built" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. 28. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and 6 development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 29. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 30. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 31. Wetland Buffer and Natural Area Sil!ns. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 32. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 33. DeveloDer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and 7 wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 33 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in 8 damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fme per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 33. O. Third parties have no recourse against the City under this contract. 35. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Colin Garvey Castle Rock Development Corporation 22098 Canton Court Farmington, MN 55024 612-685-0047 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: Robin Roland, Interim City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 SIGNATURE PAGE CITY OF FARMINGTON By: Kevan A. Soderberg, Mayor By: Robin Roland, Interim City Administrator DEVELOPER: Castle Rock Development Corporation By: Its: Colin Garvey President Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 by Kevan A. Soderberg, Mayor, and by Robin Roland, Interim City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Castle Rock Development Corporation, a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT" A" LEGAL DESCRIPTION: EXECUTIVE ESTATES The Southeast Quarter of the Northwest Quarter of Section 5, Township 113, Range 19, EXCEPT: That port of the South 255.62 feet lying east of the West 314.50 feet of the East 636.12 of said Southeast Quarter of the Northwest Quarter. Also except the West 314.50 feet of the East 636.12 feet of the South 346.26 feet of said Southeast Quarter of the Northwest Quarter. Also except the West 314.50 feet of the East 950.62 feet of the South 346.26 feet of said Southeast Quarter of the Northwest Quarter. Also except the South 346.26 feet lying west of the East 1016.62 feet of said Southeast Quarter of the Northwest Quarter. AND That part at of the Southwest Quarter of the Northwest Quarter lying east of the West 1113.91 feet thereof. AND The South 643.50 feet of the West 1113.91 feet of the Southwest Quarter of the Northwest Quarter of Section 5, Township 113, Range 19. EXCEPT: The South 387.75 feet of the West 165.00 feet thereof. Also except the West 330.00 feet of the North 132.00 feet of the South 610.50 feet thereof. Also except that part of said Southwest Quarter of the Northwest Quarter beginning at a point on the West line of said Southwest Quarter of the Northwest Quarter distant 643.50 feet North of the Southwest corner of said Southwest Quarter of the Northwest Quarter; thence East 330.00 feet; thence South 33.00 feet; thence West 330.00 feet; thence North 33.00 feet to the point of beginning. Also except the East 227.60 feet of the West 457.60 feet of the South 478.50 feet thereof. Also except the South 128.00 feet of the West 230.00 feet lying east of the West 165.00 feet thereof. Also except the North 136.00 feet of the South 264.00 feet of the West 230.00 feet lying east of the West 165.00 feet thereof. Also except the North 33.00 feet of the South 297.00 feet of the West 230.00 feet lying east of the West 165.00 feet thereof. Also except the East 65.00 feet of the West 230.00 feet of the North 90.78 feet of the South 387.75 feet thereof. Also except the North 90.75 feet of the South 478.50 feet of the West 230.00 feet thereof. 12 EXHIBIT "B" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure( s) Signature Date 13 EXHIBIT "e" IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 325 Oak Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue, for the account of of Credit in the amount of $ undersigned bank. . and in your favor, our Irrevocable Letter , available to you by your draft drawn on sight on the The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Farmington. c) Be presented for payment at (Address of Bank) , 20_, of This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 14 10-17-205 6:08PM FROM JACOBSON d69 d328 P.2 JACOBSON Engineers . Surveyors. 21029 Heron Way Ukcville. MN 55044 Phone (952) 469-4328 Fax (952) 469-4624 E-MaiL jacobson@engrsurv.com October 17; 2005 Castle Rock Development, Inc. Ann: Colin Garvey 22098 Canton Court Farmington,MN 55024 Re: 225m Street Road Improvements Meeting.with Castle Rock Township Dear Colin: I met with the Castle Rock Township on Thursday October 13, 2005 and discussed the proposed 22SIll Street upgrade. I showed and explained me design as well as the impacts to the surrounding neighbors and driveways. After the presentation the Board of Supervisors had the following comments: . They do not want the road to be panially upgraded. . They said that they will approve the proposed design if it is extended to the half mile length or to the FounLain Valley property line. They said that the increase in traffic. will cause the proposed remaining unimproved road section to have excessive wear. . They did not want me construction of the road (0 begin until the Spring of 2006. They did not feel that the weather would allow the completion of the road and they were concerned with access issues with the propeity owners abutting this road. . . . They will approve the.upgrade if Castle Rock Development extends the road to the Fountain Valley propertY and begin consuuction after May 1 Sl and be completed by October 1, 2006. The road would have to be paved within this timeframe. . They also said that they would require a lener of credit for the amount. of construction. This amount would be taken from the excavating bid. . They' will have their engineer review the plans submitted and get comments back to us as soon as possible. I told them that I would talk with you and the City of Farmington about the results above. ~--l1rf2~-b Grant D. J~~, #ip~S. . 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~lJ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Updating of Comprehensive Utility Plans DATE: October 17,2005 INTRODUCTION At the August 15,2005 City Council meeting, Council authorized staff to initiate the updating of the City's comprehensive utility plans. DISCUSSION The Comprehensive Plan update area considered for the expansion of the utility service area extends from the existing east utility service boundary east to Biscayne Avenue, to approximately one mile south of Ash Street (CSAH 74), west to approximately one mile west of Akin Road/Denmark Avenue and north to the existing utility service boundary on Ash Street (see attached map). The Comprehensive Sewer Policy Plan update would include the collection of data, determination of flows based upon proposed land use and densities provided by the City, establishment of sewer sub- districts determined based upon topography, tabulation of flows by sub-district, accumulation of flows for the proposed trunk sewer system, preparation of a spreadsheet model of average and peak sewer flows (integrated into those prepared for the 1996 Plan), layout of a proposed trunk sanitary sewer system including gravity pipe, lift stations, and force mains required to serve the study area. The Plan update scope includes preparation of a Tier II Report for submittal to MCES. The Water Supply and Distribution Plan update includes similar data collection and determination of demands for the expanded service area based upon land use and densities provided by the City and will be prepared under two scenarios. The first scenario includes the review of the existing plan, working with City staff to determine the service areas from the 1996 plan that are no longer included in the City's long range service area, and review the proposed expansion area to determine the area that can be served from the existing system plan. The second scenario will review the proposed expansion area to determine additional storage and supply that may be required to effectively serve the area. Costs to prepare the Comprehensive Water Supply and Distribution Plan update are estimated to be $15,000. Comprehensive Utility Plans October 17, 2005 Page 2 The updates to these plans will be written in a letter report format as amendments to the previous plans. A full City-wide update of the plans will subsequently need to occur as part of the City's Comprehensive Plan update due in 2008. The updates will be completed by February 1, 2006. BUDGET IMPACT The estimated cost to update the Comprehensive Sewer Policy Plan is $17,400. The estimated cost to update the Comprehensive Water Supply and Distribution Plan is $15,000. The updates would be funded out of their respective enterprise funds. ACTION REQUESTED Authorize by motion the updating of the Comprehensive Sewer Policy Plan and Comprehensive Water Supply and Distribution plan as described above. Respectfully submitted, et: Yvl~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file N I p . .~ C:~.:~<:. '" ~ '" ~ '" ] '" ~ i;' ~ ;Y?\r;-. = ~ ::'/:[:J) I q:;}W\~ 1 ~HF~ l hF'~ ~ :::....,'. ",'.:.:<1 ~~ I!: L- ~N ~: ~ o..J= ~~ Y~.:~':::.~:.:J::'::F":':' ~ LI\I J! b ~-~ I~:;; ~) tn.... Z . I '~ ::c~ \":..:< ~~ ".... __ t< \/>';-1 : " , f- \ \>'.::::.: .:.gj~.. ~oli~" \ b ~ !~:.:.:~ ~~~.~.:::\ ~.~:;.;li,~.; .o;,;;;;~ o~ ----i:::;;; 5 ..l::::. '::~"; . ". 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').::~~ ~ ~ 1ll ~ l:ri::::.... Df!l~m ffi ~'f-JII N.' -1~.:.: s~... ~ l;l] . ..... 'E3rnmw:o: ....=l....... ~ ~~ . ~~ 15:1 I . IlII1l ~~ ....~ ~~ 7t j 1 Em ,~ 7/~ ....~ ~ Lrl~ ~ ~,~ ~ Lff .....~ K.~ ! d 'ol~ { h "'^\IT ~~I J,'l~ ~J!~~~ 13 ~ A ~~ ~ ~ g I i J 1 .J3J j\1Q1Y ( ~:::i!1 -'lJtl~ DDDDl:1 ~~i TiLlI' ~"'-~~ .~~ - I T T [ '-- ..... ...... "'..r,:: n'" ___ ". L I,; '.. fJ. Y I ....;< .......... '. L...!:::::= I lJ) ~ ~ 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 , FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Change Order - Main Street Area Reconstruction Phase II and Wausau Pond Expansion Project DATE: October 17,2005 INTRODUCTION Forwarded herewith for Council's review and consideration is Change Order #3 for the Main Street Area Reconstruction Phase II & Wausau Pond Expansion Project. This project is in the process of being finaled out. DISCUSSION Change Order #3 provides for payment of necessary additional work performed and materials provided by the contractor for the proj ect . BUDGET IMPACT The total cost for the change order is $15,350.74. This amount is within the project budget. ACTION REQUESTED Approve by motion, Change Order #3 for Main Street Area Reconstruction Phase II & Wausau Pond Expansion Project in the amount of$15,350.74. Respectfully submitted, ~rn~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file CITY Jl]j :~~:~roo Owner: Ci of Fannin on, 325 Oak St., Fannin on, MN 55024 G Ande~lik & Contractor: S. M. Hent es and Sons Inc., 650 uaker Ave. Ste. 200, Jordan, MN 55352 1 \11 AssocIates .glneer. & Architects Bond Com an: Lib Mutual Insurance Date S tember 30, 2005 Bond No: 190-011- 866 CHANGE ORDER NO. 3 MAIN STREET AREA RECONSTRUCTION PHASE 2 & W AUSAU POND EXPANSION BRA FILE NO. 000141-98080-2 Description of Work This Change Order provides for payment of materials in change order submitted by Gary Zajac for S.M. Hentges. The items will be labelled corresponding to Change Order Number received of Gary Zajac. No. 2 3 4 10 11 12 13 14 14198080BCH03.xls 5 Contract Unit Total Item Unit Quantity Price Amount CHANGE ORDER NO.3 ITEM NO.3: MILL AND OVERLAY SCHOOL LS $4,118.96 $4,118.96 ENTRANCE ITEM NO.4: TEMP WATER FOR TWO LS $500.00 $500.00 PROPERTIES ITEM NO.5: EXTEND 24" FES TO REDUCE LS $1,371.98 $1,371.98 SLOPE BESIDE 195TH TRAIL AT NW CORNER OF 195TH AND ATKIN ROAD ITEM NO.7: EXPLORATORY DIGGING FOR LS $223.26 $223.26 SERVICES ITEM NO.8: BULKHEAD ABANDONED 36" RCP LS $950.92 $950.92 UNDER HWY 3 ITEM NO.1 0: STUB FROM PHASE 1 WAS SHORT, LS $902.95 $902.95 COST TO DIG ITEM NO. 11: WRONG GATE VALVE WAS LS $2,209.41 $2,209.41 CLOSED, CIP BROKE ITEM NO. 12: FRONTIERS LINES BURIED 18', LS $1,405.69 $1,405.69 SLOW DIGGING ITEM NO. 13: STORM SEWER DESIGN CHANGED, LS $418.95 $418.95 4TH AND MAIN ITEM NO. 14: TWO TEMP WATER AT 8TH AND LS $174.20 $174.20 MAIN ITEM NO. 15: FIRE LANE NO PARKING SIGN EA $104.74 $104.74 ITEM NO. 16: EXTEND 12" FES SW CORNER LS $938.23 $938.23 W AUSAU POND ITEM NO. 18: INSTALL 24" BALL INFES LS $504.95 $504.95 ITEM NO. 19: FOREMAN WITH TRUCK AND LS $261.30 $261.30 TOOLS ITEM NO. 20: DOWNTIME INCURRED TO EJM LS $1,265.20 $1,265.20 DUE TO WATER MAIN CONFLICT TOTAL CHANGE ORDER NO.3: $15,350.74 6 7 8 9 15 Original Contract Amount revious Change Orders ~ his Change Order Revised Contract Amount (including this change order) $1,661,466.10 $57,770.00 $15,350.74 $1,734,586.84 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~ J;--7( !:u '" Date: 9. so-os Approved by Contractor: S M HENTGES AND SONS INC Approved by Owner: CITY OF FARMINGTON Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 14198080BCH03.xls 7r City of Farmington 325 Oak Street. Farmineton. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: Mayor, Council Members, Acting City Administrator 'f\lV~ Ken Lewis, Building Official FROM: SUBJECT: Third Quarter 2005 New Construction Report and Population Estimate DATE: October 17, 2005 INTRODUCTION The following report summarizes the new construction permits issued during the third quarter of 2005 and the third quarter population estimate. DISCUSSION Third Quarter Building Permit Information: During the third quarter of the 2005 building construction season (July 1st through September 30th), the City issued 21 new single-family detached housing permits and 16 new multi-family permits, for a total of 37 new 3rd quarter housing permits. Construction valuation for the single-family and multi-family homes totaled $4,018,000 and $1,933,400, respectively. Permits were issued for 4 new commercial projects. These are the Tamarack Retail Center, Fire Station North, Round Bank and LSI Holdings. Valuation of these totaled $5,214,337. The average building valuation of the single-family homes during the third quarter of 2005 was $191,334, up from $188,593 during the second quarter of 2005.The average building valuation of the townhome units during the third quarter of 2005 was $120,838, down from $121,053 during the second quarter of 2005. (Note that the valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula). Year-End Population Estimate: At the beginning of 2003, City staff decided that each quarterly building permit report should also include an updated population estimate for the City of Farmington. After discussing several methods of calculating population, a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity/is not a "real time" reflection of actual population, given the "lag time" between the issuance of the permit and the actual occupancy of the dwelling unit (i.e., the time required to construct, market and sell the home). Accordingly, staff started with the City population as of April 1, 2000 (as determined by the U.S. Census Bureau) and then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of C.O.s was multiplied by 2.95, which was (according to the 2000 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 14,728 + 1888 16,616 + 336 16,952 + 525 17,477 + 434 17,911 +371 18,282 + 260 18,542 + 241 18,783 +371 19,154 +200 19,354 + 104 19,458 + 145 19,603 + 62 19,665 Estimated Population as of 1/1/02 = 640 Certificates of Occupancy issued for 2002 X 2.95 Estimated Population as of 1/1/03 = 114 Certificates of Occupancy issued for the period 1/1/03 to 3/31/03 X 2.95 Estimated Population as of March 31, 2003 = 178 Certificates of Occupancy issued for the period from 4/1/03 to 6/30/03 X 2.95 Estimated Population as of June 30, 2003 = 147 Certificates of Occupancy issued for the period from 7/1/03 to 9/30/03 X 2.95 Estimated Population as of September 30, 2003 = 126 Certificates of Occupancy issued for the period from 10/1/03 to 12/31/03 X 2.95 Estimated Population as of December 31, 2003 = 88 Certificates of Occupancy issued for the period from 1/1/04 to 3/31/04 X 2.95 Estimated Population as of March 31, 2004 = 82 Certificates of Occupancy issued for the period from 4/1/04 to 6/30/04 X 2.95 Estimated Population as of June 30, 2004 = 126 Certificates of Occupancy issued for the period from 7/1/04 to 9/30/04 X 2.95 Estimated Population as of September 30, 2004 = 68 Certificates of Occupancy issued for the period from 10/1/04 to 12/31/04 X 2.95 Estimated Population as of December 31,2004 = 35 Certificates of Occupancy issued for the period from 1/1/05 to 3/31/05 X 2.95 Estimated Population as of March 31, 2005 = 49 Certificates of Occupancy issued for the period from 4/1/05 to 6/30/05 X 2.95 Estimated Population as of June 30, 2005 = 21 Certificates of Occupancy issued for the period from 7/1/05 to 9/30/05 X 2.95 Estimated Population as of September 30, 2005 ACTION REQUIRED This item is informational in nature. 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Ltl o o C\I ?s 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, ~ ~~ Acting City Administrator ())) , FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Ordinance - Text Amendment Screening of Roof Mounted Equipment DATE: October 17, 2005 INTRODUCTION The City Code currently requires the screening of roof mounted equipment in the Industrial Park, Spruce Street Commercial, Business Commercial Flex, and Mixed Use Zoning Districts. However, the R-l, R-2, R-3, R-4, R-5, 1-1, and all of the B Zoning Districts do not require the screening of this type of equipment. City staff is in favor of addressing this issue because of the increase in new construction occurring in these districts and staff s desire to insure that the aesthetics of these new buildings is protected from these typically large structures on rooftops (see attached Exhibit A). Additionally, staff wants to insure that these structures are screened with materials that are compatible with the building aesthetics. Staff also proposes to include the IP, SSC, Business/Commercial Flex, and Mixed Use within this text amendment to more efficiently locate the language in one section of the code. Therefore, staff proposes to revise the Zoning Code and incorporate language that will address this issue. DISCUSSION At the October 11 th Planning Commission meeting, the Commissioners recommended approval ofthe text amendment. Staff proposes to include this language in the R-l, R-2, R-3 districts pertaining to the construction of non-residential uses only such as churches, hospitals, or public buildings, etc. in order to screen roof mounted equipment. Staff also proposes that the R-4 and R-5 districts require screening for new construction (apartment buildings, etc). The proposed code will not pertain to single-family, two-family, or townhomes in any R districts. The proposed code also includes any new construction in the 1-1 and all B Zoning Districts such as manufacturing, retail, restaurants, etc. in order to screen roof mounted equipment. As stated above, the text amendment will also include the IP, SSC, Business/Commercial Flex, and Mixed Use Zoning Districts in order to locate the new language in one section ofthe code. In some cases, however, buildings are designed with larger building footprints such as schools, hospitals, public buildings, and manufacturing buildings, therefore, it may not be feasible to "centrally locate" the roof mounted structures. Therefore, staff is proposing language in the new text where building owners need to show staff that this is not feasible, thereby requiring that the most unobtrusive feasible rooftop location shall be used. The following language is proposed to address the screening of roof mounted equipment under subsection (D) in Section 10-6-9 ofthe City Code: (D) Screening of Roof Mounted Equipment: All new construction in the R-l (non- residential uses only). R-2 (non-residential uses only). R-3 (non-residential uses only). R-4. R-5. B. 1-1. IF. SSC. Business/Commercial Flex. and Mixed Use Zoning Districts shall require rooftop equipment to be centrally located. except in cases where the property owner can show that this is not feasible. in which case the most unobtrusive feasible rooftop location shall be used. Screening shall consist of either a parapet wall along the roof edge or an ollaQue screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. ACTION REQUESTED Adopt an ordinance approving the text amendment in Section 10-6-9- (D) of the City Code. Respectfully Submitted, ~~.. Lee Smick, AICP City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-6-9 TO INCLUDE SCREENING OF ROOF MOUNTED EQUIPMENT IN THE R, B, I, IP, SSC, BUSINESS/COMMERCIAL FLEX, AND MIXED USE ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-9 ofthe Farmington City Code is amended as follows (added text is underlined): (D) Screening of Roof Mounted Equipment: All new construction in the R-l (non- residential uses only). R-2 (non-residential uses only). R-3 (non-residential uses only). R-4. R-5. B. 1-1. IF. SSC. Business/Commercial Flex. and Mixed Use Zoning Districts shall require rooftop equipment to be centrally located. except in cases where the property owner can show that this is not feasible. in which case the most unobtrusive feasible roofto-p location shall be used. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2005, by the City Council of the City of CITY OF FARMINGTON By: Kevan Soderberg, Mayor ATTEST: By: Robin Roland, Acting City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of ,2005. exl-! /;311 A /)---2 cff-6fnc+ r aA-op e!! U I P ft/lt'ltf /~ .... - ~--l tJl;:5fi//Gf I I /tI City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers and Interim City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Premise Permit - Eagle's Club DATE: October 17,2005 INTRODUCTION The Farmington Eagles Club is requesting a Gambling Premises Permit at 200 3rd Street, Farmington, MN 55024. DISCUSSION Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution from the City, granting permission for gambling to occur at a specific location. The Farmington Eagles Club is requesting approval to conduct gambling activity at 200 3rd Street. The appropriate application and fees have been received and the application has been reviewed by the City Attorney. BUDGET IMPACT Gambling fees are included inthe revenue portion of the 2005 budget. ACTION REQUESTED Consider the attached Resolution approving a Gambling Premises Permit at 200 3rd Street. Respectfully submitted, J6~d-Aha~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -05 APPROVING A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE EAGLE'S CLUB Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of October 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Premises Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Eagle's Club has submitted an application for a Gambling Premises Permit to be conducted at 200 3rd Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Premises Permit for the Eagle's Club to be conducted at 200 3rd Street is hereby approved. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 17th day of October 2005. Mayor day of October 2005. Attested to the Acting 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, Councilmembers, Acting City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Ash Street Project - Special Assessment Objection DATE: October 17, 2005 INTRODUCTION At the October 3,2005 assessment hearing for the Ash Street Project, an objection to the assessment was filed by Lawrence and Shannon Walsh, 816 Second Street (see attached). DISCUSSION The following paragraphs address the points in the subject objection. The appraisal for the project indicates that there is an area-wide benefit of $800 per Residential Equivalent Unit (REU) for the street and storm sewer improvements constructed with this project. The actual area-wide assessment for the street and storm sewer improvements has been set at $454.54 per REV. In regards to assessments to properties south of Ash Street, all properties south of Ash Street that were in the City (not previous Township properties) are being assessed the same per REV as the properties north of Ash Street. The properties south of Ash Street that have come into the City from the Township, have been assessed for storm sewer costs in the same amount per REV as the rest of the properties in the project area. The County is paying 100% of the street portion of the project costs that would be attributable to the properties that are in the Township or were formerly in the Township, per County policy and the agreement between the City, the County and the Township for this project. Properties that are not in the City cannot be assessed by the City. The Dakota County Fairgrounds property is not in the City and therefore the City cannot assess the Fairgrounds for any of the Ash Street improvements. The County is paying 100% for the Fairgrounds portion of the street improvements and a portion of the storm sewer improvements. In regards to the storm water from the Fairgrounds, a berm has been constructed on the Fairgrounds property (northeast corner) as part of this project that will serve to prevent a large portion of the storm water runoff, due to the Fairgrounds, from leaving the Fairgrounds. In regards to the sewer and water benefit to the Fairgrounds, the City cannot assess properties outside the City. However, the City does have the ability to adjust the sewer and water rates that are charged to the Fairgrounds and staff will be addressing that issue for the 2006 Fee Resolution. It is important to note that only those properties that are being connected to sewer and water or are being provided with a future hookup are being assessed for sewer and water. The area-wide assessment of $454.54 per REV does not include costs for sewer and water and the subject property is not being assessed for sewer and water. The improvements along Ash Street address storm drainage flooding issues along and in the Ash Street area, extend sanitary sewer and water main to serve properties that do not currently have sewer and water service, eliminate lift stations and upgrade the street. The widened street incorporates a middle left turn lane which will allow for safer traffic flow. The improvements to Ash Street meet the County standards for County roadways. In regards to the City's Special Assessment Policy and the storm sewer project cost, The Ash Street Project is a cooperative or joint City-Township Improvement Project, and as such departs in some respects from policies that would guide stand-alone city improvements. However, with respect to the proposed assessment for storm sewer improvements, these are consistent with city policy in that the storm water improvements are part of the street reconstruction, and serve to manage storm water runoff from the street itself, and as such is an integrated element of the street construction, and not a separate element accommodating runoff directly from the Walsh parcel. The section of the Improvement Policy cited by Mr. and Mrs. Walsh addresses the lateral benefit to properties immediately abutting a street improvement or directly served by a storm sewer improvement, and isn't applicable to an area-wide assessment such as at issue here. - City Attorney Joel Jamnik BUDGET IMPACT The amount in question is $454.54. ACTION REQUESTED Consider the objection and finalize the assessment for this parcel in the amount of $454.54 per REV. Respectfully submitted, ~ rn Y11~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Lawrence and Shannon Walsh Shannon & Lawrence Walsh-Owners 816 Second Street Farmington, MN 55024 Parcel #40310003059 Subject: Objection of Special Assessment - City Project #93-1 To: Farmington City Council Pursuant to Minnesota State Statue 429.061, Sub. 1 & Sub. 2 we object to the City's final assessment as per your notice for the following reasons. 1. We content that all adjacent property south of Ash Street will receive the exact same benefit as the properties north of Ash Street, they need to be assessed equally. 2. All properties located in the township south of Ash Street were accessed only at their option, properties north of Ash Street received mandatory assessment. This procedure was and is grossly unfair and unjust. 3. Our property receives no benefit from the storm water improvements while properties south of Ash Street receive most of the benefit from these changes and are accessed nothing. 4. Assessment for storm sewer project cost is a violation of City of Farmington AssessmentlImprovement Policy, Section IV.B, 5., a. 5. Most of the road way improvements i.e. left hand turn lane, paved shoulders, bike trails, curbs were completely unnecessary. After repeated requests to the Farmington City Engineer, Dakota County Engineer, and the Farmington City Council itself to produce a traffic study or any evidence of a need for these "improvements" none of them were able to show any justification whatsoever. 6. According to Mr. Mann, City Engineer the Dakota County Fair Grounds were already receiving sanitary sewer and water and therefore they were not being assessed for the improvements. We were already receiving sanitary sewer and water but we are being assessed. This is blatantly unfair. 7. According to the Feasibility Report, the Dakota County Fair Grounds is draining about % of its storm water run off into the "improved" system. According to Mr. Mann, they also have a "plan" to divert their water somewhere else but no visible changes have been made to their property. Consequently, they are receiving a big benefit from the storm water changes but are paying nothing. This again is unfair to the other property owners. 8. According to Mr. Harvey Snyder, preparer of the Property Benefit Study he states for streets and storm sewer, the city should not exceed $800,000 and that this amount "should be sustainable if necessary". When we questioned Mr. Mann about this figure and its computation he told us that we would have to ask Mr. Snyder directly. When we asked Mr. Snyder he said his information was for the City only and he would need the City's permission to answer the questions. We asked Mr. Mann to give Mr. Snyder permission and he refused. We petitioned the City Council and they ignored our request, so in fact when challenged about this figure and computation no one with the City or its consultants could produce proof of any benefit or increase value to our property. 9. Probably the biggest benefactor from this project has been the Dakota City Fair Grounds. They have received improvement to their storm water runoff, improved water delivery, improved sanitary sewer system, had a life station removed from their property. According to newspaper articles the left hand turn lanes were added for their primary benefit, they have a paved shoulder, curbs/trails for added parking and improved pedestrian access to the facilities. For which they are being accessed absolutely nothing. This is unfair and unjust. 10. Dakota County's policy to pay 100% of the Townships cost for right-of-way and construction as compared to only 55% ofthe city's share ofthese costs is unfair, basing that policy on their perception of one's ability to pay is discriminatory and unjust. 11. With the unnecessary roadway improvements that the City has made to Ash Street, they have effectively made an improved bypass for County Road 50 to encourage motorists to avoid the traffic, pedestrian congestion and stoplights in the city's downtown area and re-route it over to Denmark A venue to their new downtown commercial development the "Spruce Street Corridor". This will result in more traffic noise, air pollution, longer waits to turn at the north/south streets, unmuffled trucks, motorcycle noise and longer waits at the railroad crossing. These things are a determent to the neighborhood and we believe these "improvements" will decrease the enjoyment of property for our neighbors and ourselves and actually lower property values in the area. Respectfully submitted October 3,2005 ~~ ~-f. Lawrence E. Walsh ~f\~ ~ Shannon Walsh 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.