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HomeMy WebLinkAbout04.18.05 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA PRE-CITY COUNCIL MEETING APRIL 18, 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 ~ouncil workshops are conducted as an informal work session, all discussions shall be considered fact-finding. hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at a regularly scheduled Council meeting should be considered as aformal expression of the City's position on any given matter. City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING APRIL 18, 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) Adopt Resolution - Accept Donation Dakota Dreamcatcher's 4H Club- Parks and Recreation b) ALF Ambulance 2004 Annual Report - ALF Ambulance c) Swearing-In Police Officer - Administration d) Proclaim Earth Day - Parks and Recreation e) Proclaim Arbor Day - Parks and Recreation 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) a) Response to Mr. John Ristow - Engineering b) Response to Mr. Bill Fitch - Finance 7. CONSENT AGENDA a) Approve Council Minutes (4/4/05 Regular) (4/6/05 Special) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Approve Temporary 3.2 On-Sale Beer License - Administration d) School and Conference - Administration e) Customer Service Response Report - Administration f) School and Conference - Fire Department g) March 2005 Financial Report - Finance h) Appointment Recommendation Solid Waste - Human Resources i) City Hall Summer Hours - Human Resources j) Adopt Resolution - Accept Donation - Parks and Recreation k) Adopt Resolution - Accept Donation - Parks and Recreation I) Approve Easement Acquisition - Ash Street Project - Engineering m) Approve T-Mobile Antenna Lease - Engineering n) First Quarter Building Permit Report - Community Development Action Taken R36-05 Information Received Sworn-In Proclaimed Proclaimed Information Received Information Received Approved Information Received Approved Approved Information Received Approved Information Received Approved Information Received R37-05 R38-05 Approved Approved Information Received 0) Approve Bills p) Adopt Resolution - Calling for Public Hearing on Issuance of Bonds and Capital Improvement Plan - Finance q) 200S Leadership-Planning-Team Building Retreat Executive Summary Additions - Administration 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Order Feasibility Report 19Sth Street Extension to Hwy 3 - Engineering b) Adopt Resolution - Charleswood Crossing Final Plat - Community Development c) Adopt Resolution and Ordinance Amending Comprehensive Plan and Rezoning - K&K Auto Ranch - Community Development 11. UNFINISHED BUSINESS a) Wetland Buffer Issue - Engineering b) Flagstaff Avenue Traffic Study - Engineering c) Reconsider March 21 and 24 Minutes 12. NEW BUSINESS a) Adopt Resolution - Debt Management Policy - Finance b) Notice of Summons and Complaint Angus Property - Finance 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION - City Administrator Review Follow-up (Supplemental) 15. ADJOURN Approved R39-05 Information Received R40-05 R41-05 R42-05 Ord 005-528 Discussed Arrange Meeting Approved R43-05 Information Received City of Farrnington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City pf Farmington provides quality services that preserve our proud past and . foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING APRIL 18, 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) Adopt Resolution - Accept Donation Dakota Dreamcatcher's 4H Club- Parks and Recreation b) ALF Ambulance 2004 Annual Report - ALF Ambulance c) Swearing-In Police Officer - Administration d) Proclaim Earth Day - Parks and Recreation e) Proclaim Arbor Day - Parks and Recreation 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Response to Mr. John Ristow - Engineering b) Response to Mr. Bill Fitch - Finance 7. CONSENT AGENDA a) Approve Council Minutes (4/4/05 Regular) (4/6/05 Special) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Approve Temporary 3.2 On-Sale Beer License - Administration d) School and Conference - Administration e) Customer Service Response Report - Administration f) School and Conference - Fire Department g) March 2005 Financial Report - Finance h) Appointment Recommendation Solid Waste - Human Resources i) City Hall Summer Hours - Human Resources j) Adopt Resolution - Accept Donation - Parks and Recreation k) Adopt Resolution - Accept Donation - Parks and Recreation 1) Adopt Resolution - Approve Easement Acquisition - Ash Street Project - Engineering m) Approve T -Mobile Antenna Lease - Engineering Action Taken Pages 1-3 Page 4 Page 5 Page 6 Pages 7-8 Pages 9-12 Pages 13-38 Pages 39-41 Page 42 Pages 43-46 Pages 47-48 Page 49 Pages 50-51 Page 52 Pages 53-54 Pages 55-56 Pages 57-58 Pages 59-66 Pages 67-89 n) First Quarter Building Permit Report - Community Development 0) Approve Bills 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Order Feasibility Report 195th Street Extension to Hwy 3 - Engineering b) Adopt Resolution - Charleswood Crossing Final Plat - Community Development c) Adopt Resolution and Ordinance Amending Comprehensive Plan and Rezoning - K&K Auto Ranch - Community Development 11. UNFINISHED BUSINESS a) Wetland Buffer Issue - Engineering b) Flagstaff Avenue Traffic Study - Engineering 12. NEW BUSINESS a) Adopt Resolution - Debt Management Policy - Finance b) Notice of Summons and Complaint Angus Property - Finance 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION - City Administrator Review Follow-up (Supplemental) 15. ADJOURN Pages 90-92 Page 93 Pages 94-97 Pages 98-119 Pages 120-135 Pages 136-139 Pages 140-141 Pages 142-144 Pages 145-154 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and <;ouncilmembers FROM: David Urbia City Administrator SUBJECT: Supplemental Agenda DATE: April 18, 2005 It is requested the April 18, 2005 agenda be amended as follows: CONSENT AGENDA Add 7p) Adopt Resolution Calling for Public Hearing on Issuance of Bonds and Capital Improvement Plan This resolution is calling for a public hearing on the issuance of Capital Improvement Bonds for the Fire Hall project. Add 7q) 2005 Leadership-Planning-Team Building Retreat Executive Summary Additions These are additions to the executive summary. Respectfully submitted, 7p 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, City Administrator ~ FROM: Robin Roland, Finance Director SUBJECT: Adopt Resolution calling for Public Hearing on issuance of bonds and Capital Improvement Plan. DATE: April 18, 2005 INTRODUCTION In order to issue debt to finance the construction of the Fire Station identified in the 2005 - 2009 Capital Improvement Plan, a public hearing must be held by the City Council. DISCUSSION In the 2003 legislative session a change was made to allow bonding authority by Cities to plan for and finance the "acquisition and betterment of public lands, buildings, and other improvements for the purpose of a city hall, public safety facility, and public works facility." This authority mirrors the authority the Counties have had in the past. The law requires that a Capital Improvement Plan be prepared which must cover at least the five-year period beginning with the date of the Plan's adoption. The Plan must set forth: (1) the estimated schedule, timing and details of specific capital improvements; (2) estimated cost ofthe capital improvements identified; (3) the need for the improvements; and (4) the sources of revenues needed to pay for the improvements. Although the Capital Improvement statute authorizes the City to issue general obligation bonds to fund any of the improvements identified in the Plan (subject to reverse referendum), it is important to note that it is not a requirement of the Plan that every item be funded by Capital Improvement Bonds or eventually be funded at alL The planning of the improvements is most important to the spirit of this authorization. The City must publish a notice of intent to issue the Bonds and the date and time of a hearing for public comment. The issuance of the Bonds is subject to reverse referendum; i.e., if a petition requesting a vote on the issuance is signed by voters equal to 5% of the votes cast in the City in the last general election and filed with the County Auditor within 30 days after the public hearing, a vote must be held. If no petition is filed, the City may proceed with the issuance of bonds. The City of Farmington has followed all the above identified steps up until the public hearing with regard to the issuance of bonds for the construction of the Fire Station. The attached resolution calls for the public hearing on May 16th with proposed bond issuance on June 20,2005. ACTION REQUIRED Adopt the attached resolution calling for a public hearing on the issuance of Capital Improvement Bonds for the Fire Hall proj ect. d~;d' ~~oland Finance Director RESOLUTION NO. R -05 CALLING FOR PUBLIC HEARING ON PROPOSED ISSUANCE OF CAPITAL IMPROVEMENT BONDS FOR THE FIRE STATION PROJECT 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 of the 18th day of April, 2005 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, the City Council approved the 2005-2009 Capital Improvement Plan on December 20, 2004 which outlined capital improvements planned for the City during that time and, WHEREAS, the Fire Station project was identified for construction during 2005 as part of that CIP and, WHEREAS, State Statute 475.521 allows bonding for projects identified in a Capital Improvement Plan without an election, if certain procedures are followed and, WHEREAS, the City of Farmington proposes to bond for such a project (Fire Station). NOW, THEREFORE, BE IT RESOLVED that: 1. A hearing shall be held in the Council Chambers in City Hall on the 16th day of May, 2005 at 7:00 p.m. on the Capital Improvement Plan and Bonds to be issued for the Fire Station project. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed hearing to be published once in the official newspaper no less than 14 days and no more than 28 days before the hearing date. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of April, 2005. Mayor Attested to this _ day of ,2005. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?z TO: Mayor and Council Management Team Don Salverda, Retreat Facilitator FROM: David Urbia, City Administrator SUBJECT: City of Farmington 2005 Leadership-Planning-Team Building Retreat Executive Summary Additions DATE: April 18, 2005 Please note the following additions to the executive summary: Lisa Shadick should be listed as the Administrative Services Director versus Manager. Brenda Wendlandt should be listed as the Human Resources Director versus Manager. The attached Work Behavior Styles chart is updated. WORK BEHAVIOR STYLES NAME GRAPH III CLASSICAL PATTERN Kevan Soderberg (SC) 5166 Investigator Christy Fogarty (DI) 7712 Inspirational Steve Wilson (D) 6524 Result Oriented David McKnight (D) 7126 Creative David Pritzlaff (0) 7611 Inspirational David Urbia (S) 3276 Perfectionist Dan Siebenaler (D) 7521 Result Oriented Robin Roland (D) 6334 Developer Lee Mann (D) 7135 Creative Ken Kuchera (D) 6315 Creative Brenda Wendlandt (D) 6333 Developer Kevin Carroll (C) 5227 Creative Randy Distad (D) 6143 Developer Lisa Shadick (S) 2465 Perfectionist Sa.- 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 City Administrator P!IJ~1 FROM: Randy Distad, Parks and Recreation Director SUBJECT: Dakota Dreamcatcher 4-H Chair Fundraising Project- Rambling River Center DATE: April 18, 2005 INTRODUCTION ..... On January 3,2005, the Dakota Dreamcatchers 4H Club (4H Club) requested permission from the City .' Council to move forward with a fundraising project to raise enough money to purchase 150 chairs for the Rambling River Center to replace the existing chairs, which were aged and in deteriorating condition. Their goal was to raise enough funds by March 27,2005 to purchase the 150 chairs. DISCUSSION The 4H Club will be attending the April 18th City Council meeting to provide a fmal report about their fundraising efforts to complete the project. Without going into too much detail and spoiling their presentation, I am happy to report that the 4H Club was extremely successful and surpassed their initial goal. Replacing the chairs at the Rambling River Center was initially a three year plan. However through the vision and hard work ofthe 4H Club the plan to replace the chairs went from three years to less than three months. They also raised additional funds that have allowed new computers to be purchased for the . Rambling River Center's computer lab. Even after purchasing 150 chairs and new computers, there are still excess funds remaining and the 4H Club wishes to donate these excess funds to the Rambling River Center. The City is certainly quite indebted to the youth in the 4H Club and their parents for making a dream become a reality. In fact two dreams have become a reality as new computers have been a dream of staff and Rambling River Center members for quite some time. In appreciation of the 4H Club's efforts, there will be a celebration on Monday, May 9th from 3:30-5:30 at the Rambling River Center recognizing the 4H Club for their hard work. This celebration will be in conjunction with the National Seniors Week celebration at the Rambling River Center from May 9-13. '" Certainly there are many businesses, organizations and individuals who also need to be thanked for contributing money towards this fundraising project. All of the donors will be invited to the celebration and will be formally recognized on a plaque that will be mounted on a wall at the Rambling River Center. The City must formally accept the donations from the 4H Club and attached is the resolution that the City Council is being asked to adopt to accept the donations. ACTION REQUESTED By motion adopt the resolution accepting the donations from the Dakota Dreamcatcher's 4-H Club. /jZ~>>::ilJ Randy DIstad, Parks and Recreation Director cc: Missie Kohlbeck Patti Norman RESOLUTION No. ACCEPTING DONATION OF NEW CHAIRS, COMPUTERS AND EXCESS FUNDRAISING FUNDS IN THE TOTAL AMOUNT OF $13,058.23 FROM THE DAKOTA DREAMCATCHERS 4H CLUB Pursuant to due call and notice thereof, a regular meeting of the City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 18th day of April, 2005 at 7:00 p.m. Members Present: Members Absent: seconded the following: Member introduced and Member WHEREAS, the Dakota Dreamcatchers 4H Club undertook a fundraising project to raise money for the replacement of chairs at the Rambling River Center at a cost of $9,000.00; and. WHEREAS, the Dakota Dreamcatchers exceeded their goal and additionally raised money for the purchase of new computers for the computer lab at the Rambling River Center at a cost of$3,115.09; and WHEREAS, the Dakota Dreamcatchers have excess funds remaining of$943.14 from the fundraising project and wish to donate the remaining funds to the Rambling River Center for future use; and WHEREAS, it is in the best interest ofthe City to accept these donations from the Dakota Dreamcatchers 4H Club. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of new chairs, computers and excess funds to the Rambling River Center at a total value of$13,058.23 from the Dakota Dreamcatchers 4H Club. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of April, 2005. Attested to the 18th day of April, 2005. Mayor City Administrator SEAL 2004 kea Usage 50 'm ; 30 l: .._-.:'. Lake...lle farn'"n~lon Citi.. 56 1 sd Office of the Mayor :Farmington, Minnesota .t1P" i~ 'ffl April U Proclamation W:J-{'E'R'E.:AS, more than thirty years ago, more than twenty mWion Americans joinea together on 'Earth 'Day in a aemonstration of concern for the environment, ana their corrective action resu[tea in the yassage of sweeying new raws to yrotect our air, water ana fane{; ana W:J-{'E'R'E.JtS, The yeoy[e of .J'armington take great yriae in our City's naturae 6eauty ana suyyort a dean ana safe environment; ana W:J-{'E'R'E.:AS, 'Earth 'Day is a nationa[ ana internationa[ carr to action for a[[ citizens to join in a g[06a[ effort to save the y[anet; ana W:J-{'E'R'E.:AS, 'Earth 'Day activities ana events wire eaucate a[[ citizens on the imyortance of acting in an environmenta[[y souna fashion 6y reaucing waste, conserving energy ana water, using efficient transyortation, ana aaoyting more eco[ogica[[y souna [ifesty[es; ana W:J-{'E'R'E.JtS, Through increasea environmenta[ awareness, .J'armington can meet the cha[[enge of having an eco[ogica[[y hea[thy community ana a vigorous environment for its citizens; NOW T:J-{'E'R'E:FO'R'E, 'B'E IT 'P1WCL..JJJ:M'E'D that the City Counci[ of the City of :Farmington aesignate ana yrodaim Ayri[ 22, 2005 as 'Earth 'Day. In witness whereof I have hereunto set my hand" antf caused" the sear of this city to be affixed: :Mayor 'Date Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, 5e Arbor Day Proclamation In 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community and trees, wherever they are planted, are a source of joy and spiritual renewal, NOW, THEREFORE, I Mayor ofthe City of Farmington, do hereby proclaim April 29, 2005 as Further, Dated Arbor Day in the City of Farmington, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and I urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. this 18th Day of April in the year 2005 Mayor ~a. 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 {?frrh FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Citizen Comments - Ash Street Project DATE: April 18, 2005 INTRODUCTION At the April 4, 2005 City Council meeting, Mr. Jonathan Fruchtman spoke on behalf of Mr. John Ristow regarding issues with the Ash Street project and Mr. Ristow's spruce trees that overhang the County right-of-way. DISCUSSION Mr. Fruchtman asked several questions at the meeting. Following are the questions (paraphrased) and corresponding responses: 1) In regards to the City's power of eminent domain, the City has in the past negotiated with property owners for easements, why not now? The City is negotiating with property owners on this project with the intent and hope that the City will not need to use its power of eminent domain. In fact, at this time, the City has already settled with the vast majority of the property owners involved on this project. The City is willing to continue to negotiate with the remaining property owners. However, the process allowing the City to use its power of eminent domain was initiated to guarantee the City and County's ability to obtain the easements in a time frame that will allow the project to proceed as necessary. 2) There is a bike trail along Akin Road that has sections that are adjacent to the curb, if it is safe there why is it not safe on Ash Street? For the most part, right-of-way constraints dictated the location of the trail on Akin Road. Grading and drainage issues were also factors. The right-of-way is available on Ash Street to locate the sidewalk in the preferred location as designed. 3) Who is the County project contact? Todd Howard is the County contact, 952-891-7100. 4) Why is the middle left turn lane necessary? The middle left turn lane will provide a turn lane for vehicles to turn left into the properties that abut Ash Street. This turn lane has been part of the County's design for Ash Street since 1995. The turn lane will allow for safer turning movements as the traffic on Ash Street continues to increase over time. Citizen Comments - Ash Street Project April 18, 2005 Page 2 BUDGET IMPACT None. ACTION REQUESTED For Council's information. Respectfully Submitted, ~)11~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file Mr. John Ristow I City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us t,/; TO: Mayor, CoonciJ Members, City Administraro~ FROM: Robin Roland, Finance Director SUBJECT: Response to Citizen Comments - Bill Fitch DATE: April 18, 2005 INTRODUCTION Former Council Member Bill Fitch addressed the City Council on April 4, 2005 with several questions about the City budget and the party (or parties) responsible for that budget. DISCUSSION Attached to this memo is an analysis of the City's General Fund Revenue and Expenditure Budget to Actual and Fund balance impact for the last eight years. Over that time span, the fund balance has grown by over $1 million - despite two years of decreases in 2003 and 2004. As to Mr. Fitch's contention that Council was not informed of the size of the shortfall, staff disagrees. Council receives a monthly report on the City's finances for the General Fund, Special Revenue Funds and Enterprise funds. Indeed, Mr. Fitch commented regularly in 2004 on the looming shortfall due to building permit revenues. In June of 2004, as part of the CIP/Budget Workshop, staff presented alternatives to reduce expenditures and enhance certain revenues to the General Fund. Discussions on this topic continued during the preliminary budget, October budget workshop and final budget adoption in December. If the issue is that the reduction to the fund balance was larger than Mr. Fitch expected after the November monthly financial reports were presented, staff acknowledges that some adjustments may be made to the financials at year end. For example, 'mark to market' adjustments are required for investments, and compensated absence adjustments are required for salaries and benefits. Those adjustments for 12/31/04 were an additional cost to the City of $68,324. In prior years, such as 2002, the City saw increased revenues from the same type adjustments, which independent auditors caution are only 'paper' gains and losses. Mr. Fitch's questions also revolved around "whose job is it to monitor the budget", stating that it was not clear to him even when he served on the Council. The City's budget document narration identifies this as part of the Budget Development Process on page xvi - a copy of which is also included with this memo. At a staff level, all department heads are responsible to monitor their department/division budgets on an ongoing basis. Monthly reports are given to department directors and the City Administrator in summary and in detail and staff is expected to regulate their individual budgets accordingly. The Finance Department reviews all City finances monthly and identifies for management areas of concern. Whether the 2005 budget is 'doable', depends on continually evaluating revenues and expenditures and making operational adjustments. Some adjustments have already taken place. The City Administrator has already put a hold on hiring certain positions in order to save budgeted funds and is looking for other ways to hold the line on expenditures. Council has made decisions to withhold some capital outlay items as recently as the April 4, 2005 meeting. Further remedial actions will be taken as needed or directed. ACTION REQUIRED For Council's information. ~7:... ctfully submitted, l!!:jt(J Robin Roland Finance Director c: .9 en 0')'- c: en .- >- E"'ffi L.. c: C13<( LL._ - Q) o 0') >- '0 :=: ::J OCO en C13 Q) ::J en- c: (.) Q)<( a.LL. >< . We!) ~-! en '0 c: ::J Q)CO ~LL. W . (!) J! - en Q) Q) ::J'O a5~ > . Q)LL. a::: . (!) ER- - Q) '0 ::J CO - o ?ft. ?ft.?ft.?ft.?ft.?ft.?ft.?ft.?ft. cqC'!~~cqc!Lqcq OOOOOOOOOMLOCO 0>00>0>0>000 ~ ~.,....,... 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Water - provides for the operations of the City's water distribution system including wells, reservoirs and trunk infrastructure system. Internal Service Funds: This fund is used to account for the financing of goods and services provided by one department to other departments on a cost reimbursement basis. Employee Expense Fund - provides for the payment of FICA, PERA, employee insurance premiums and other employee benefits. Fleet - provides for the repair and maintenance of all City vehicles and large equipment. Budget Monitoring and Amendments The City Code sets forth the process for monitoring and amending the budget as follows: Enforcement of the Budqet It. shall be the duty of the City Administrator to strictly enforce the provisions of the budget. S/he shall only approve orders upon the City Treasury for expenditures which an appropriation has been made in the budget resolution and for which there is sufficient unexpended balance in the appropriated fund after deducting the total past expenditures and the sum of all outstanding orders and encumbrances against such fund. No officer or employee of the City shall place any order or make any purchase except for a purpose and to the amount authorized in the budget resolution. Any obligation incurred by any person in the employ of the City, of any purpose not authorized in the budget resolution or for any amount in excess of the amount therein authorized shall be a personal obligation upon the person incurring the expenditure. Alterations in the Budqet Upon adoption of the budget resolution, the Council may increase the amounts fixed in the budget resolution only if, and to the extent that, the actual receipts exceed the estimated revenues. The Council may at any time, by resolution approved by a majority of its members, reduce the sums appropriated for any purposed by the budget resolution. By a vote of three (3) members, the Council may authorize the transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposes. Determination of Revenue Estimates The Finance Department is responsible for all revenue estimates contained in the budget proposal. Estimates are derived by studying all relevant revenue history, analyzing trends and projecting effects of legislation and growth of the community. Discussion of specific revenue sources is found in the summary section of the budget. xvi 7~ COUNCIL MINUTES PRE-MEETING April 4, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; 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 noted out ofthe four supplemental items he has had time to read one of them. He asked if staff could provide a summary of them, and if not, he would not approve adding them to the agenda as he has not had time to read them. City Administrator Urbia gave a summary ofthe supplemental items. 7m) Private Development Street Sweeping Contract - Engineering City Engineer Mann explained the City requires the developer to keep the mud off the streets during development. At times, the developer does not do this, so the City contracts with a street sweeping company to do the work and then the developer is billed for it. Streets are inspected twice a week and any streets that are not clean, are cleaned the next day. 7n) Waiver of Plat Request - 20210 Akin Road - Community Development City Administrator Urbia explained this lot split needs to be approved by Council because it is a metes and bounds description rather than a platted lot. Staff researched an alternative to having another access rather than onto Akin Road, but the owner would not agree to an alternate access. Councilmember Pritzlaff felt another entrance onto Akin Road would be a problem as there would be three driveways very close to each other. The owner is planning on having one house on the lot. Community Development Director Carroll explained the new entrance would be approximately 50 ft. from the Council Minutes (Pre-Meeting) April 4, 2005 Page 2 gravel entrance and approximately 60-70 ft. from the existing driveway to the Wefel home. There would be three accesses within 130-140 ft. 70) Fiber Optic Bids - Human Resources City Administrator Urbia stated this is an alternative to sharing the fiber optic system with the school. The City feels their charge of $3600 a month is excessive and only for two strands which will not serve the City into the future. The estimate for installing fiber optic is approximately $130,000. This can be financed through the cable communications fund and liquor store funds. Staffwas asking for authorization to advertise for bids for this project. Council decided to move 7n) Waiver of Plat 20210 Akin Road to 10d) for discussion during the regular Council meeting. Councilmember Fogarty will be pulling items 7d) Capital Outlay - Parks and Recreation and 7 e) Sign Marquee - Parks and Recreation. Item 7 e) is asking for direction and that cannot be done under consent. Councilmember Wilson also wanted item 7 e) pulled. Councilmember Wilson referred back to the Waiver of Plat issue. He would like to hear comments from the resident. Councilmember Fogarty asked if the two properties could share a driveway. Attorney Jamnik stated the Zoning Officer determines whether the application affects future development or abutting property owners. If it doesn't the Zoning Officer can recommend approval to the Council. 5. STAFF COMMENTS Parks and Recreation Director Distad stated regarding item 7e) Sign Marquee a representative from the Rotary Club will also be in attendance to discuss this item. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:46 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~fr?~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR APRIL 4, 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; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; 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 Bill Fitch, Jonathan Fruchtman, Julie May, Janie Tutewohl 4. APPROVE AGENDA Councilmember Fogarty pulled items 7d) Capital Outlay - Parks and Recreation and 7e) Sign Marquee - Parks and Recreation. Councilmember Pritzlaff pulled item re-numbered as 10d) Waiver of Plat Request - 20210 Akin Road - Community Development. City Administrator Urbia added supplemental items 7h) Approve Temporary On-Sale Liquor License Application - Administration, 7m) Private Development Street Sweeping Contract - Engineering, 7n) Fiber Optic Bids - Human Resources, 1 Oc) Consider Feasibility Study Flagstaff Avenue - Administration, 10d) Waiver of Plat Request - 20210 Akin Road - Community Development. MOTION by Pritzlaff , second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Community Development Ms. Tina Schwanz was introduced as the new Economic Development Specialist. b) Introduce New Employee - Information Technology Mr. Rob Boerboom was introduced as the new IT Specialist. 6. CITIZEN COMMENTS Mr. Bill Fitch, 5816 Upper 183rd Street, spoke regarding an item from the February 22, 2005 Council meeting regarding the budget shortfall for 2004. His concern lies in that the Council was told we had a $350,0~0 shortage. That number never changed throughout the remainder of 2004. Seeing the building permit reports, Council new that Council Minutes (Regular) April 4, 2005 Page 2 number would be slightly higher, but did not anticipate double that number. Ifthat is added to the money transferred out ofthe franchise funds and some things Council authorized earlier in the year, that number is almost $1 million. We were almost $1 million short last year. One thing that concerns him is that he did not see one person on the Council ask one question during or after the presentation. How did we get from that leap to where we ended up? It is disappointing we are short $50,000 plus per month and the elected officials who are the liaisons or the taxpayers watch dog were never informed ofthat size ofa shortage. Council approved a $1.2 million tax increase for 2005. With the way 2004 ended, he was worried we would be able to do 1/3 of the wish list. In particular, public safety was a huge concern at the time. He was worried we would not have the money to add three new police officers this year. He wanted to know, as a citizen, and it was not clear to him when he sat on the Council, whose job is it to monitor the budget? What happens when the shortfall occurs? Who is informed? The City Administrator? The Department Heads? Do the Department Heads inform the City Administrator? Or the Finance Director? Who decides if remedial action is necessary on the budget? When should the Council be informed ofthese shortages? And whose job, most importantly, is it to inform the Council? Some things he is concerned about going forward, are we really confident that the Council in place, that the numbers we are looking at for 2005 are doable? Are we going to be able to live within our budget? Is the City Council here now able to tell us that we will live within our budget this year? What is your game plan to ensure one of the other areas that is going to be of concern in the very near future and should be right now is our budget reserve fund. His math tells him we are at $750,000 plus in an under-funding state ofthe budget reserve. That $1.2 million is gone in no time. He wanted to know Council's game plan to make sure we replenish that money and that Council gets the information in a timely, correct and accurate manner. He realized Council's and staffs time constraints so ifhe does not receive an answer in 4-6 weeks he would be happy because we need to take time to think about where this is going and what really happened. In 2003 we ran into the same situation and there was a heavy push for a City Hall in 2003. In 2004 Council was notified of a $30,000 per month shortage for 2003. Was that timely? He did not feel it was timely. If Council had approved a new City Hall that year, the City would have been in really serious financial trouble this year without another huge tax increase. Weare going forward this year, and there will be a lot of pressure on the Council to approve a Community Center. He realized it was self-imposed by the taxpayers to build it, but the operational side, can we afford it? That will be the main question Council will have to answer. Even if the taxpayers say they will fund it from a referendum standpoint, can we actually afford it from an operation standpoint? Inver Grove and Rosemount run their arena and Community Center at a large operational cost to the taxpayers. a) Response to Mr. John Ristow - Engineering City Engineer Mann stated they responded to Mr. Ristow's attorney, Mr. Jonathan Fruchtman, regarding the trees. Stafftalked with the expert that Mr. Fruchtman had spoken with. Councilmember Pritzlaff asked staffto review the expert's comments regarding the success rate of moving the trees. The attorney's information stated the expert had moved 1,000 trees, but then stated this would not be successful. Then why has he moved 1,000 trees? Staff stated the Council Minutes (Regular) . April 4, 2005 Page 3 professional indicated the most important factors are the size of the tree spade and that they need to be watered appropriately following transplantation so the shock of the transplanting is mitigated. He recommended a tree spade of 60 inches in diameter should be used. A 36-inch diameter spade is not successful. Staff spoke with a consultant who sent a quote and they use a 90-inch spade. This would lend that much more potential success to the transplantation of the trees. Staff asked the professional ifhe felt it would be better to trim the side ofthe trees that hang over the right-of-way and with the installation of utilities and the sidewalk there would be cutting ofthe roots. The professional said it would be preferable to properly move the trees than to cut off the parts over the right-of-way. The mortality of moving the trees should be shown in 18 months - 2 years. It is not a fertilizing issue, it is definitely a watering issue. Mr. Jonathan Fruchtman, representing Mr. Ristow at 1014 7th Street, stated in the response by the City Engineer he made a selective reading of what was in Professor Johnson's material. If Council were to read the material more comprehensively, the age and size of the trees make a difference. The trees are over 10 years old and some are 20 ft tall or taller. There is a major risk considering the age and size of the trees. He wanted the Council to be aware they are moving forward on trying to place a dollar value on the damage to this property. They are looking at two ways. There was a private investor interested in Mr. Ristow's property and he has since withdrawn his interest as a result of this project. They feel the damages there would be $50,000 or more in terms of what this person was willing to pay before versus what they would be willing to pay now. They are also moving forward in selecting an appraiser to value the property. He wanted Council to be aware the dollar figures will not be for the value of a couple trees, but it will be the value of the damage to the property. This will be a much larger amount than Council has been anticipating. He asked the Council to balance the litigation costs and risks with coming up with a solution that wins for everyone and saves the trees. Mr. Ristow wanted him to ask some specific questions and comments regarding this matter. Mr. Ristow understands that the City has gone out of its way in the past to not use its eminent domain authority, has gone out of its way to reach agreements with landowners in these types of situations and Mr. Ristow feels this has not happened in this case and this is not what has happened in the past. He is interested in learning more about that. One of the things the Council has expressed has been about safety, about having the sidewalk along the curb. Mr. Ristow noted the Akin Road project which goes past a school which is on a County highway with a higher speed limit that a sidewalk for over a mile is along the curb. If that is appropriate to do there in a more dangerous situation, why isn't it appropriate to save the trees in this situation and place the sidewalk along the curb? Mr. Ristow would like to know who the County contact person is on this project. In terms of widening the street, Mr. Ristow is interested in why a middle turn lane is necessary in this particular location. Middle turn lanes are usually in commercial areas to allow entry into commercial parking lots which have a high volume of traffic. They see Council Minutes (Regular) April 4, 2005 Page 4 them less often in residential areas. Why is a middle turn lane appropriate on this stretch of road? Mayor Soderberg stated with regard to saving the trees that is the City's intent to try to save the trees. That is why the prospect of moving them. If the trees were left there and the project moved forward, the likelihood they would die in their present position is much greater. The City is trying to save the trees. As far as the rest ofthe questions, staffwill research and respond. Mr. Fruchtman stated perhaps what City Engineer Mann looked at was trimming the trees with the sidewalk in its present location which is on the other side of the boulevard. The trees would be saved if the sidewalk were placed on the curb rather than having a boulevard between the sidewalk and the street. 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda pulling items 7d) and 7e) as follows: a) Approved Council Minutes (3/21/05 Regular) (3/24/05 Special) b) Approved Agreement with Hoisington Koegler Group Inc for Park Planning Services - Parks and Recreation c) Approved Agreement with Farmington Fastpitch Softball League - Parks and Recreation f) Approved Name Change - Therapeutic Massage License - Administration g) Adopted RESOLUTION R32-05 Approving Gambling Event Permit - Administration h) Approved Temporary On-Sale Liquor License - Administration i) Adopted RESOLUTION R33-05 Designation of Fund Balance - Finance j) Approved Appointment Recommendation Police - Human Resources k) Adopted RESOLUTION R34-05 Development Contract Middle Creek East 2nd Addition - Engineering I) Approved Bills m) Approved Private Development Street Sweeping Contract - Engineering n) Approved Request to Advertise for Bids - Fiber Optic Cabling - Human Resources APIF, MOTION CARRIED. d) Capital Outlay - Parks and Recreation Councilmember Fogarty stated regarding the Community Center Task Force, they discussed reviewing the current facilities and their longevity. She was concerned with spending $50,000 on the ice arena if its longevity was in jeopardy. She would prefer to wait until they are sure ofthe status of the arena. Parks and Recreation Director Distad stated he agreed with waiting for the study ofthe facilities. If the building will be good for another ten years, he can obtain new quotes. The remaining Councilmembers agreed. MOTION by Fogarty, second by McKnight to table this item. APIF, MOTION CARRIED. Council Minutes (Regular) April 4, 2005 Page 5 e) Sign Marquee - Parks and Recreation The school district has done some research as far as sign marquees. These signs would provide information to the public in a couple locations. The school is asking the City to partner with them. However, money is not budgeted in the 2005 capital outlay budget. Staff is asking if Council is interested in moving forward which would require budgeting this money in the 2006 budget. Members of the Rotary Club were also present. Ms. Janie Tutewohl, Rotary Club President, stated the Rotary Club has been planning this sign project for two years as their Rotary Centennial project. Their main objective is to increase the lines of communication between non-profit, City, school and civic organizations. The Rotary is planning on being.a sponsor of all three signs. There would need to be discussions on future cost for programming. The Rotary has some contractors that would be interested in donating the labor and material for building the signs. Initially the Rotary was going to improve the HRA sign on Elm Street. A few months ago Mr. Doug Bonar suggested the Rotary pursue three locations if the school, City and Rotary work together. They could get better pricing and exposure. The HRA sign would be the third sign. The Rotary is open to other locations as well if there has to be three new signs. Councilmember Wilson preferred to table the item to work out issues as far as placement, and did not feel comfortable ear marking $30,000 at this point. Ms. Julie May, Rotary Club, stated this was started two years ago as their Centennial Project. They are committed to move ahead with what they thought was going to be an alteration of the existing sign. Involving the other two signs was just to increase the lines of communication and save the City and school money. They are committed to moving forward and do not want to stall too long. They wanted to bring this forward to make Council aware of this as they work through the details regarding specific locations and costs. They are looking at $90,000 total for the three signs and the Rotary Club is very committed in sharing a third of that cost. There needs to be some future discussion as far as programming and what messages would be appropriate. The Rotary would like to see the same message on all the signs, located downtown, by the school and by the Police Department. Councilmember McKnight was interested in partnering with the two groups contingent on the 2006 budget, but he was willing to start the initial steps. Initial steps would be identify an amount, potential site work, resolution on who would do the work, the maintenance costs, etc. Council would not have a final answer until December. Councilmember Fogarty thought it was a great idea and a great communicator. She confirmed this is an electronic sign with a roving message. However, Council needs to determine the budget and they have no idea where the budget Council Minutes (Regular) April 4, 2005 Page 6 will be. She was nervous to commit any money. Ms. May stated the Rotary would have to take that into consideration. Mayor Soderberg agreed it was a great way to partner. Bringing in the Rotary changes the dynamic ofthe project. Parks and Recreation Director Distad stated the school requested to get some direction from the City because they had some money left over from a capital project. There is a concession stand at the football field and this sign marquee were projects to use the remaining money. The school brought this to the City because they had the money available at this time to move forward. They received quotes from two electronic companies. Costs were $30- 32,000 for each sign and $15,000 for retro-firting the HRA sign. The Rotary stated they would be willing to split the costs evenly. Community Development Director Carroll stated he spoke with Ms. Tutewohl and they agree there are issues to be discussed. He suggested forming a committee with representation from the Rotary, school and the City so the issues could be jointly explored. A benefit could be they would identify a cost savings that could result from donated labor or materials. Another thing that could be discussed is the possibility of not doing all the signs at one time. Perhaps it is easier to free up a smaller portion of money earlier to do the downtown sign first. If the school as money available now, perhaps they could do the next sign with the understanding the City would fund the remaining sign. Those details would be worked out in a committee. Councilmember Wilson stated he would like to partner with the school where it makes sense. He asked what information is desired to be put out there that is not conveyed now and/or is the information being put out there now. Being able to change the information from a computer and change it quickly is a benefit. Ms. Tutewohl stated the HRA sign poses more of a problem because it needs a line of sight. The other two signs would be computer programmed. She stated they would have to work with the City, school and Rotary to work out prime time for traffic levels and what would be programmed when. The messages would contain school and City functions, community events, Rotary events, civic organizations, probably not business advertising. Mayor Soderberg noted this would address one oftheir concerns which is communication with the public. It is looking at spending up to $30,000 to work on that goal of increasing communication. It does not seem like it would be overly burdensome especially with three signs. His desire was to explore it and move forward. There are a lot of questions to be answered. Councilmember Pritzlaff agreed with forming a committee. He asked at what rate does a delay affect this partnership. Ms. Tutewohl stated there could be some price increases in the near future, but if a committee could be formed she felt they could make progress fairly quickly. Community Development Director Carroll stated the downtown sign is the easiest of the three and felt it would be the logical one to start with. Councilmember Pritzlaff asked if there were not a lot of events Council Minutes (Regular) April 4, 2005 Page 7 going on, could it be used for businesses to advertise and charge for it to recover the cost. Ms. May stated it was not their original intent, but it could be discussed. The Rotary's intent was for a Centennial Project and to increase lines of communication between civic organizations. It is possible, but not the original intent. Councilmember Fogarty felt between the school, City and civic organizations, there are events constantly. Community Development Director Carroll cautioned with having a situation ifthere is a strong interest among businesses, how do we prioritize that. It could create issues that are more challenging. It was not envisioned as a fund raising project. Community Development Director Carroll noted the sign code does not have provisions that allow this type of sign. Staff met with another organization interested in putting up this type of sign along Hwy 50. Council will have to address possible changes to the code and circumstances under which to allow this. This will be discussed at the Planning Commission, and possibly a public hearing at the May Planning Commission meeting. It would then be brought to Council in late May. Councilmember Wilson wanted to support moving forward and forming a committee. Parks and Recreation Director Distad stated staff is looking for direction from Council whether or not to move forward with more research working with the school and the Rotary to further identify more information to be provided to Council at a later date without a financial commitment. MOTION by Wilson, second by Pritzlaffto move forward and continue looking at a partnership with the school on the marquee sign issue and for staff to inform the Council at a later point on the progress of the partnership. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS b) Adopt Resolution - Supporting Transit Legislation - Administration The transit issue was discussed at the March 24, 2005 workshop. The parking lot at the transit station in Apple Valley is full. There is a concern by Apple Valley that there are so many non-residents parking there, there is not enough room for Apple Valley residents. Apple Valley has placed a large sum of money into acquiring the property so they feel they can implement a permit system for parking. If that is done, it would create a hardship for Farmington residents. Farmington was the third largest City not in the taxing district. A survey was done showing 143 license plates from Farmington at the parking lot. If the City wanted to join the taxing district, the money would be put into paying the debt service for the Met Council, it would not get the City additional service. So there Council Minutes (Regular) April 4, 2005 Page 8 is no incentive to join. Local legislators have introduced a bill to allow cities to voluntarily enter the taxing district through an eight year phase-in. This would provide a tool to the City to join in the future if we wanted. Staff prepared a resolution supporting the bill. Councilmember McKnight felt this was great legislation. He was concerned that Apple Valley does not support the bill for eight years, only two years. He spoke with an Apple Valley Councilmember who was very happy with the efforts Farmington was making. He would support the legislation. Councilmember Wilson was impressed by the residents who came to the workshop. The catch 22 is do we agree to voluntarily come in or do we agree to be forced to come in. This bill would enable additional taxes from residents for transit which is becoming a growing need. It is important for residents to be aware that the tax money being paid in would be going to debt service as opposed to actual transit operations. He felt it would be in the City's best interest to support this. Councilmember Pritzlaff stated he supported the legislation. As far as getting into the taxing district and not having any benefits, he asked if the City would see any benefit from the park and ride at 160th Street and Pilot Knob Road. City Administrator Urbia felt residents would be able to use that. One option would be to possibly contract with MVT A to bring a bus to Farmington, it would give them more resources as an alternative to the park and ride. This would be a short term solution. Mayor Soderberg stated the legislation allows us to negotiate with the Met Council to obtain services. The money would go to paying off debt service. This legislation gives us a favorable tool to negotiate with the Met Council. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R35-05 supporting legislation for voluntary entry into the transit taxing district. APIF, MOTION CARRIED. a) Council/Management Retreat Summary - Administration City Administrator Urbia reviewed additional ongoing goals and other goals not included in the top six. Ongoing goals include: 1. To ensure the continuing financial stability of the City. 2. To manage the City's growth to ensure high quality and diverse development. 3. To improve the City's aging infrastructure. 4. To expand the City's recreational opportunities and facilities. 5. To preserve the heritage and atmosphere ofthe past. 6. To utilize new technologies when and where appropriate. 7. To enhance the City's aesthetics. 8. To provide a positive work environment for employees. c) Consider Feasibility Study Flagstaff Avenue -Administration There have been discussions between the City and school regarding the high school site. Staffhas recommended the first step is to request a feasibility study. The school closed on the Christensen site last week. The school submitted a written request for a feasibility study. The request stated the scope of services would only entail the portion of Flagstaff, south of 195th Street to Hwy 50. If the Council Minutes (Regular) April 4, 2005 Page 9 Council chooses to expand the scope of the study, they would do so of their own volition. Because ofthis staff recommended not approving the request. There are a number of items that need to be included in the feasibility study: 1. The paving of Flagstaff Avenue from CSAH 50 to the FarmingtonlLakeville border. 2. Installation of approximately 15, 500 feet of water main. 3. Installation of approximately 6,600 feet of sanitary sewer. 4. The 208th Street alignment needs to be coordinated with the site and with the City of Lakeville. 5. Coordination with Lakeville and the Met Council is necessary regarding the sizing ofthe sanitary sewer in Flagstaffto provide future service to Lakeville. 6. Determine if the site and roadway is in the Special Waters Trout Stream area and identify impacts of such. 7. Coordination of the timing ofthe public improvements with the building of the schooL 8. Determine ifthere is any cost exposure to the City for any infrastructure or increased service demands. The request from the school does not cover paving the entire length of Flagstaff Avenue. Staff feels there would be a safety concern with going from a paved portion to a gravel portion. Usually development would pay for a road, but the Comp Plan does not provide for development in this area. A survey crew has started surveying the area to do the preliminary work due to the school's timeline. Councilmember McKnight thanked staff for the checklist of items needed to be done. He requested staff forward this to the schooL As far as the survey crew, if Council says stop to the feasibility study, what are we stopping if the survey crews are already out there. City Engineer Mann stated when stafflearned the school would be submitting a request, a survey crew was available, and one days' worth of surveying could be done. Staff wanted to receive direction from Council as to whether to continue the work. This is preliminary work that needs to be done prior to the feasibility study. Regarding wanting the road paved to the border, he wanted to continue doing the work and the Council and school board will resolve the issue. Councilmember Fogarty asked how long the stretch of road is. Staff replied it is 3 miles from Hwy 50 to Lakeville. Councilmember Fogarty stated as far as the feasibility cost, how much more is it to include the portion north of 195th Street. City Engineer Mann replied staff would have to review that. There would be the survey time and make an estimate on the additional work involved up front. Staff could bring this back in the future. Councilmember Fogarty stated there is no way she wants to see the high school at that site without Flagstaff paved from pavement to pavement. There is no way she will approve it, so it would be ridiculous for her to approve a feasibility report without it. It is not that great a distance and even for maintenance it is ridiculous to go from pavement to gravel Council Minutes (Regular) April 4, 2005 Page 10 to pavement in such a short span. She will not approve the feasibility report without this. Councilmember Pritzlaff appreciated the checklist and agreed the entire road should be included in the feasibility study. Mayor Soderberg noted the survey work being done will remain valid whenever it is done. Staff added without any major changes the data should remain valid. Mayor Soderberg asked how much time the preliminary work takes before the feasibility study. Staff replied it could take up to a month. This is a significant part of the cost of a feasibility study. Mayor Soderberg asked if Council can take action at the joint Council/School Board meeting. Attorney J amnik stated this is listed on the agenda, so Council could take action on Wednesday. Mayor Soderberg felt the request is for half a study. The City has made it clear they want it paved to the border. With the high school site, the traffic will be students, parents, and staff. So why shouldn't the taxing entity gaining the benefit pay for it. Council has made it no secret there are costs involved and the school will have to be responsible because the City cannot. Rather than deny the request, he wanted to take action at the joint meeting. Councilmember Fogarty stated a new request would be required. She asked ifit can be tabled and then change the request. Attorney Jamnik stated a request is not needed to order a feasibility report. The action tonight is you do not want to proceed based on the current request. Ifthe school wants to revise the request as part of the joint meeting, it is a non-written modification to the request. Councilmember McKnight stated the Council talked at length about wanting the road all the way to the border, so why not back up what was discussed and get this feasibility study going to the border and work out the financial issues with the school. He did not want to lose a couple days of work. Councilmember Wilson referred to the school's request that the scope of services would only entail south of 195th Street to Hwy 50. Ifthe City wants it north of 195th, it is up to the City. Staffhas identified the major engineering issue of paving Flagstaff to the border. He agreed with the need to do that. He does not want to stop the school, but if Council approves feasibility request as is, Council is saying it is okay to stop at 195th. Councilmember McKnight stated he was not saying to stop at 195th Street. Mayor Soderberg felt by tabling this they are not stopping work because they have a month of preliminary work to do. There is no question as to whether the feasibility study will go to 19Sth Street, that is what we all want. MOTION by Pritzlaff, second by Soderberg to table until April 6, 2005 at the Joint Council/School Board meeting. Voting for: Soderberg, Pritzlaff. Voting against: Fogarty, McKnight, Wilson. MOTION FAILED. MOTION by Fogarty, second by Wilson to deny the request for the feasibility study. Councilmember McKnight asked if this means we do not do the study at all. Councilmember Fogarty stated she wants it asked the way Council needs it asked. She wanted it re-worded. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Voting against: McKnight. MOTION CARRIED. Council Minutes (Regular) April 4, 2005 Page 11 d) Waiver of Plat Request - 20210 Akin Road - Community Development Mr. Erick Wefel requested a waiver of plat for his property in order to split his lot into two lots. Staffhas been researching a different access for the new lot other than Akin Road. The property owner to the south, Mr. Murphy, was not willing to allow an access from his property. Councilmember Pritzlaff asked if approving a waiver of plat automatically gives access to Akin Road. Attorney Jamnik replied yes. The property to the south is owned by Mr. Murphy, but the City may have an easement for roadway purposes as a condition of future development. Staff does not have a proposal for the property south ofthe gravel road. Councilmember Pritzlaff stated 203rd is scheduled to go across Akin Road, south of Mr. Wefel's property. If this happens, there would be a road farther back that goes to the left which would serve as an access to the homes in the back. With the lot split, there would be a house on the gravel road. Everyone would have to access that street to 203rd Street and then come to Akin Road, therefore eliminating the gravel road. Having another access on the turn lane will not work out. He felt there is future development planned that would warrant determining where the access for the property would be rather than allowing access to Akin Road. Staff stated Giles Properties has submitted a concept plan showing possible roads and lots in this area. The Planning Commission and Council have not taken any action on that portion. Most of their development will occur in the northern portion off of I 95th Street. Any type of development in this area is conceptual. There is a private property owner that owns the property just to the south ofthe gravel road. To the south of that property is where 203rd Street will go through. If that occurs, that is the most logical access point for properties there now and for properties in the future. The Payne property and Mr. Wefel's property were discussed in the early stages of the discussions. The owner of the Payne property was interested in developing. Mr. Wefel's property is located within MUSA, the Payne property is not. When the original Payne property was discussed some of these access issues arose at that time. Councilmember Pritzlaff asked if the second lot could access the driveway used by the Payne property to the gravel road. Staff stated if the Payne property is sub- divided you have to provide access to the lots. The question is whether access is provided on a long-term basis by the gravel road or by an improved road or by a new road. Mr. Wefel's difficulty is all the options that exist for access are speculative. He has made it clear he would prefer to proceed with the sub- division of his lot now. Mr. Wefel's intention is to sell the lot to someone who will build on the lot. Mr. Erick Wefel, 20210 Akin Road, stated he is intending to sub-divide his parcel and sell it to anyone who wants to build a house and he wants access onto Akin Road. He has been over the easement issue numerous times. Mr. Murphy is not interested in interfering with his transaction with Giles Properties. That should be closing in late summer 2006. Councilmember Pritzlaff stated if Giles buys the property, the gravel road to the Payne property would be accessible. Mr. Wefel stated they discussed this with Mr. John Anderson, Giles Properties, and they Council Minutes (Regular) April 4, 2005 Page 12 could only grant him a temporary easement. Mr. Wefel was not interested in that. He was lead in this direction by staff and he has already had his survey done because he followed the advice of City staff. Councilmember Pritzlaffwas concerned that the driveway will be very close to the gravel road. Mr. Wefel stated according to Mr. Anderson that road will be a cul-de-sac so that access will not be there. New houses have been built along Akin with an access to Akin Road. Councilmember Pritzlaffwas concerned with the safety aspect. Mr. Wefel stated he has gone over these issues so many times he is past frustrated. Councilmember Wilson thanked the property owner for coming and was comfortable with approving the lot split. Councilmember Fogarty asked if the driveway could share an access. Mr. Wefel replied not with the way the split has been done. Councilmember Pritzlaff asked if there could be a driveway behind the spruce trees and turn right off Mr. Wefel's driveway. Mr. Wefel wanted it totally separate from his lot, he did not want an easement. Mayor Soderberg stated eventually the gravel road will go away and that will solve the issue. 203rd Street has been identified as an east-west connection that has been a concern. With 203rd Street continuing to the east from Akin Road, he has seen plans that align it with the existing 203rd Street which would work with some concepts Giles Properties are proposing that will facilitate eliminating the gravel road. Mayor Soderberg understood Mr. Wefel has been working on this for two years. If Council approves a lot split, he has to have an access. Councilmember Pritzlaff asked if Mr. Wefel would consider a temporary access offhis driveway until203rd Street is extended. Mr. Wefel stated there are too many uncertainties. Mr. Wefel felt it was comparable to other driveways. MOTION by McKnight, second by Wilson to approve the waiver of plat located at 20210 Akin Road, splitting the existing lot into two lots. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEWBUSINESS 13. COUNCIL ROUNDTABLE Councilmember McKnight: Reminded everyone the planning for Rambling River Days continues and it is planned for June 24-26, 2005. If anyone is interested in volunteering or for donating, the business owners will be receiving letters, residents can contact City Hall for volunteering. He suggested staff send the checklist for the feasibility study for Flagstaff to the school prior to the meeting on Wednesday. Council agreed. He attended the Rambling River Center Open House and viewed their exercise equipment. They also have their new chairs and they are very nice. Council Minutes (Regular) April 4, 2005 Page 13 Councilmember Pritzlaff: He attended the LMC State of the Cities Conference and it was very interesting. He obtained copies of the powerpoint presentation for the rest of Council. He and City Administrator Urbia met with Senator Pariseau and Rep. Garofalo. City Administrator Urbia: Reminded Council of the Council/School Board meeting on April 6, 2005. April 9, 2005 is the Home and Garden Show. April 13, 2005 is the ALF Board meeting at 4:30. April 14, 2005 is the NDC Chamber Luncheon Awards. City Administrator Urbia and Councilmembers Pritzlaff and Wilson will be attending the awards luncheon. Mayor Soderberg: Attended the Chamber's Business After Hours at Bugaloo's and there was good representation from Farmington as well as other members from the Northern Dakota County Chamber. There was a ribbon cutting today for the fitness center at the Rambling River Center. A gentleman who heard about the fitness center and has some knowledge and background in physical training has volunteered to give instruction on the equipment. Council recessed at 8:56 p.m. and reconvened into Executive Session at 9:05 p.m. 14. EXECUTIVE SESSION - City Administrator Performance Review 15. ADJOURN Respectfully submitted, ~;Jv7~ Cynthia Muller Executive Assistant JOINT CITY COUNCIL/SCHOOL BOARD MEETING MINUTES April 6, 2005 1. CALL TO ORDER Mayor Soderberg called the meeting to order for the Council at 5 :30 p.m. Chair McKnight called the meeting to order for the School Board at 5:30 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience in the Pledge of Allegiance. 3. ROLL CALL Council Members Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson School Board Members Present: McKnight, Davis, Donnelly, Manthey, Weyandt Members Absent: Privette Also Present: Andrea Poehler, City Attorney; David Urbia, City Administrator; Kevin Carroll, Community Development Director; Lee Mann, Public Works Director/City Engineer; Cynthia Muller, Executive Assistant Dr. Brad Meeks, Superintendent; Doug Bonar, Director, Buildings and Grounds; Rosalyn Pautzke, Director, Administrative Services and Operations; Lori Jensen, Administrative Assistant 4. APPROVE AGENDA Mayor Soderberg deleted discussion ofthe Community Center Update from the agenda and moved High School Site Issues to the beginning, followed by 208th Street/Dallas Intersection, and added Schedule Future Meeting Dates. MOTION by Fogarty, second by McKnight to approve the agenda. APIF, MOTION CARRIED. 5. HIGH SCHOOL SITE ISSUES b. Flagstaff Avenue Feasibility Study City Administrator Urbia stated Council considered the school's request for a feasibility study at the April 4, 2005 Council Meeting. Council did not agree with the statement regarding the scope of services. The school requested the feasibility study be done for Flagstaff Avenue from Hwy 50 to 195th Street. Ifthe City wanted the study done from 195th Street to the border, it would be at the City's own volition. With the high school site in the area it will create a new traffic demand. The City feels Flagstaff should be paved from Hwy 50 to the FarmingtonlLakeville border. This is an urban reserve area and the 2020 Comp Plan indicates no development. As areas are developed, the developer and the taxpayers pay for many ofthe costs. The City has to bond for the costs and have a 20% assessment. Developing in areas not scheduled for development creates an unreasonable stress on the taxpayers. If the school wants to build on that site, there are consequences. There will be a lot of traffic and safety concerns due to the type of drivers and the amount. Once the school opens, residents will want the entire road paved. A 20% minimum assessment is needed in order to bond for the improvements. The City does not have that cash on hand. Then the only way to finance this would be to allow development in the entire area, which goes against the Comp Plan. Younger drivers do Council/School Board Minutes April 6, 2005 Page 2 not have the experience of driving on a gravel road. The survey crew is still working in the area to obtain preliminary data. Mayor Soderberg stated it has been made clear from the beginning, in November he asked the school if the Christensen site was cast in stone. At that time it was not, but it was fairly close. The school was told Flagstaff would have to be addressed and the City cannot participate financially just because of the enormity of the cost and the inability to assess. Chair McKnight was curious as to what terms he presented that in the informal meeting. The document provided to the school in October indicated paving Flagstaff to 195th Street which is a mile past the property line. Councilmember Fogarty stated that was requested from the school to provide an estimate to 195th Street. Chair McKnight was curious as to how the expectation of paving to the border was communicated. She could not find any documentation. Mayor Soderberg agreed there is probably no documentation on paving to the border, either a written request from the school or from the City. City Administrator Urbia replied staff is reviewing meeting notes regarding what was exchanged. He recalled an estimate was requested for the initial portion and then the City brought to the table that an additional estimate would be done for the entire road. Lakeville also felt the entire road should be paved. Mayor Soderberg recalled the first time it was definitively stated was at the last joint meeting. Chair McKnight stated they have extensive notes from the meeting and nothing was mentioned. There was no conversation regarding Flagstaff. Councilmember Fogarty stated she cannot count the number oftimes she brought it up. To have the school board say this is a surprise blows her away. When the Council made the recommendation to have the property taken out of ag preserve, Dr. Meeks, Mr. Bonar, and Ms. Manthey were in this room. There were three things that are very important that have to be done. Chair McKnight stated when their plan went to the voters and was reviewed by the state, paving to 195th Street, which is a mile past their property line which the school feels is generous, to then say the Council has a desire to have it paved, and she has heard Councilmember Fogarty say it in the last couple months, Chair McKnight never concluded the school would have to come up with another $1.5 million not budgeted for. She thought if the school was paving 1.7 miles, and the City wanted the rest paved, the City would consider paying for it. Councilmember Fogarty stated in that meeting she said 208th Street needs to be addressed in the school's plan, Flagstaffneeds to be paved to the border, and services were to come from Farmington. She did not know how the school could assume the City would be taking care of just one of those items. Dr. Brad Meeks stated the confusion is does one Councilmember bind the whole Councilor is there an official Council action supporting your position. Councilmember Fogarty stated every Councilmember supported what she said. Dr. Meeks replied there was not a motion and a second. Councilmember McKnight recalled his motion stated the 208th Street issue and infrastructure issues. Chair McKnight stated regardless of how we got to this point, we have to figure out how to go forward. Member Weyandt wanted everyone to keep in mind they all have the same clients. It is incumbent upon them to be part ofthe solution and to have duplication of services is poor business and does not show financial responsibility to the community. It is obvious communication needs to improve. What concerns the school is they have been mandated by the people. The special election would have been easier to put on a regular calendar election, but because ofthe time frame the school finds it imperative to move the project forward. That is what is driving them. The people have asked the school to go forward Council/School Board Minutes April 6, 2005 Page 3 and get the project built. Any money put forward in delaying the project is money taken away from the community. If they have to set up temporary classes in a less than favorable environment we have done a disservice to the kids and been financially irresponsible to the community. He felt strongly they have to collectively come up with answers. He understood the financial position of the City was inherited. For a school to be responsible for 3.2 miles of road seems upsetting to him. Ifthe City says it needs to be done, he would like to know are we sure it needs to be done, what segment of students would be coming to the school that are not going there now. It is primarily a Lakeville district that is built there now and there will be no more growth. Is there anyway the money could be put away for the district when the area is brought into the Comp Plan. The financial responsibility to the community is to say yes, we helped to put this together collectively. The school has not received answers to this. He asked if the City deems the road to be unsafe now. Mayor Soderberg replied it is unsafe. Mr. Weyandt mentioned the accident on Flagstaff in 1999 and if the road was unsafe then, where is the responsibility. Why is it important now that there will be a school that a section of the road becomes incumbent upon the school to improve? Councilmember Fogarty replied a school is a huge difference. While the population has grown in the last six years, it has not grown in that area of the City. The roads heavily traveled need to be addressed quickly. It is the school district's site selection that is making this road's safety go way up on the radar. It is absolutely necessary. Weare talking about students flying down the road trying to get to school on time. Mr. Weyandt stated kids living in Lakeville use that road now. Councilmember Fogarty felt that will increase tremendously. Dr. Meeks asked if there are traffic counts now, do we know how many school buses go down that road now? Council did not know. Dr. Meeks suggested getting more data. Councilmember Fogarty stated time is the issue for the school. Dr. Meeks stated the school requested a feasibility study and the Council turned it down. Mayor Soderberg replied the feasibility study excluded a portion of the road and that is why it was turned down. A traffic count can be done without a feasibility study, but the school is on a tight timeline. A feasibility study itself will take 3-6 months. Dr. Meeks asked staffwhat is included in a feasibility study. City Engineer Mann replied they would look at the various infrastructure items that need to be brought out to service the school. They will look at sanitary sewer, as part ofthat analysis that will include the needs of the school and the sizing of the pipe for that type of flow. They will need to look at what makes sense for the City as far as what types of flows will need to go to the sanitary sewer in the future. The City had not planned on bringing a sanitary sewer along that alignment in the Comp Plan at this point. Since it will be brought in, staff needs to do an analysis to see what will be served from that pipe from a City perspective. The Met Council has been doing a study to bring an interceptor plant from the Empire plant out to ElkolNew Market. As part of that there have been discussions between the City, Lakeville and the Met Council as to whether the donut around Cedar Avenue should get served by an interceptor that comes through Farmington perhaps along Flagstaff. There are maps showing a Met Council interceptor going up Flagstaff and whether it goes all the way gravity or partially a lift station needs to be reviewed in the feasibility report. With Flagstaffbeing paved, how the sewer will be laid out and how much needs to be built now, how much is City, Lakeville, or Met Council has to be reviewed as part of the feasibility report. Sanitary sewers built by the City are under the centerline of roadways. Mayor Soderberg asked if staff has a way of determining the size ofthe sanitary sewer needed without having the Comp Plan for that area updated. City Engineer Mann replied the Comp Plan assumed a certain amount of Council/School Board Minutes April 6, 2005 Page 4 development. Barring any changes, as it is shown as urban reserve, adding this pipe would allow the City some flexibility in the Comp Plan as there would be potentially more capacity for sewer service than originally planned. There was not going to be a pipe coming up from the interceptor just south of Hwy 50 along Flagstaff. As far as the water main, the feasibility report would look at what it takes to bring water out there. Staffwould need to look at any adjustments needed based on potential development along the City's borders they were not aware of when the water plan was developed in 1996. As far as Flagstaff Avenue, the feasibility would look at paving, drainage would be a major issue, traffic counts are usually not part of a feasibility report. The state does traffic counts every two years and staff will research this data. To do traffic counts now would not be a huge issue. The major part of the feasibility report for Flagstaffwould entail the cost of paving, dealing with drainage, identifying any areas with issues with right-of-way, slopes, easement acquisitions, etc. As far as Flagstaff in its current state, it is maintained in a state typical of many gravel roads. There is a different level of safety on a gravel road versus a paved road. Staff does everything within reason to take care of that road and puts more money into that road than many gravel roads in the area. Councilmember Wilson asked ifit was paved from Hwy 50 to 195th Street, is there information to get an idea of how a school would increase traffic between 195th and the border. City Engineer Mann replied they would have to look at statistics. When there is development in the area there is a basis to make a projection. When talking about paving a road without more development, staff would have to review statistics that help with projecting those numbers. Common sense would seem to indicate with a paved road, more people will use it. Dr. Meeks asked if traffic engineers would look at ways to monitor the traffic and slow it down knowing there are schools and high traffic in the area. City Engineer Mann stated as far as what the difference would be with having just the school and no more development, there should be ways to figure that out. It is a concern there will be more students driving that road. As far as achieving traffic calming, there are various levels of improvements that can be done to affect the speed limits on roads. A rural section without curb and gutter would be similar to what it is now, 55 mph. The traffic engineer would look at ways to slow the speed as part of the feasibility report. Councilmember Wilson stated whether it is a 1-5-10% increase in traffic, the fact is there is a new large high school in an area where there has not been a lot of traffic. He did not think it is a kids versus road type issue as much as a public safety issue. Whatever the additional cost may be, it is worth that trade-off against any kind of accident. He would be very concerned if any situation were to repeat itself similar to what happened a few years ago, knowing we had the opportunity to improve a road we know will have more traffic. Dr. Meeks asked if the feasibility study would make recommendations as to the type of road that needed to be developed such as number of lanes, turning lanes, etc. Staff replied yes. Dr. Meeks stated they all want safe access to and from school. The school is concerned with where does the school's responsibility end on a project and the City's responsibility begin or continue. That is where they are confused north of 195th. There is a project, but does that become the school's responsibility or the City's. The road right now is a City responsibility. Mayor Soderberg agreed the road is a City responsibility. Even in the future it would be a City responsibility for maintenance. At this point it is a gravel road and that area has been designated urban reserve, and much of the land is in ag preserve. No development was scheduled to go out there until 2020. Prior to then the Comp Plan will be updated and staff will be revisiting that. Had the school been a typical Council/School Board Minutes April 6, 2005 Page 5 development coming to the City asking for MUSA and wanting to develop the property the answer would have been no. Council has gone against their own Comp Plan and indicated they want to help the school get this done. There are some things that are just. financially impossible for the City to do. Dr. Meeks asked what base line we are starting with. Mayor Soderberg stated Council can ask the engineer to do traffic counts and analyze the impact on the road with having a school built there. Councilmember Pritzlaff stated paving Flagstaff to 195th Street and stopping creates a traffic hazard. He felt it was hitting a trap to go from paving to gravel and back to paving. Dr. Meeks suggested putting up signage saying pavement ends. Member Weyandt stated it is in everyone's best interest to have it paved. He felt it was reasonable to ask for something to substantiate that. It would be a substantial benefit to the City to have Flagstaff improved. Traffic from Apple Valley and Lakeville will use that road. It will be used by more than the school. Although the timing is not right, the school is incurring costs the City will eventually incur at some point. Mayor Soderberg noted ifthe City maintains the road at its present state, eventually development would come in and development would pay for it and turn it back to the City. Mayor Soderberg asked the City Attorney to address the assessment issue. Attorney Poehler stated the question was whether the school could have some of it or all of it assessed to the school district property. Mayor Soderberg added to have it reimbursed at a later date from other property owners. Attorney Poehler stated that could be an option, but because it is in ag preserve who knows when that would be developed. It is questionable whether the school would ever get paid. Mayor Soderberg noted there are some properties south of 195th that are outside of ag preserve. He asked if they could be assessed. Attorney Poehler replied they could be assessed only to the extent that they are benefited and they are not likely to be benefited until they develop. Mayor Soderberg asked about the properties north of 195th that are in ag preserve, could they agree to be assessed sometime in the future when they develop. Attorney Poehler felt they could agree. Mayor Soderberg stated so at some future date the assessment could be paid to the school district. Chair McKnight stated they have done that in the past where you put a contingent assessment on the property until it comes out of ag preserve then there is x number of years to develop it to incur the assessment. Attorney Poehler replied that is true, but it is questionable as to whether money would be available through that process. Mayor Soderberg explained properties not in ag preserve have had deferred assessments. When the properties come into development, the property pays the assessment as they are developed. The development ofthe property ends up paying for the project. With the exception of the ag preserve, properties outside of the development would in fact come' back, but at a future date. The problem is, at this point the City cannot carry it. Mayor Soderberg stated he is ready to move forward with the feasibility study, but it does not make sense to do a feasibility study for half a project. He believes from a public safety standpoint Flagstaff needs to be paved from Hwy 50 to the border. Chair McKnight felt there are two separate issues, who pays for it now versus is there an opportunity for deferred assessment. Attorney Poehler stated the City could not up front that cost, because they could not bond for it at this time, as they do not meet the 20% rule for 429 assessment. Mayor Soderberg stated there is an opportunity for the school district to be reimbursed in the future through deferred assessments. Attorney Poehler stated there may be, it would have to be researched further. Member Weyandt stated for the school to look at the feasibility they would want to know if there is an opportunity. He asked about Council/School Board Minutes April 6, 2005 Page 6 the timeframe it would take to do this. Attorney Poehler stated they could obtain this in a couple days. Member Weyandt asked about the current maintenance on the road. He asked if it was reasonable to ask the City to take the funds used for gravel and maintenance and put that towards a payment to the school ifthey were to upgrade the road. These costs would no longer be incurred and the City would have a much more serviceable road. City Engineer Mann agreed it would be a cost savings. Mayor Soderberg felt it was something the City could investigate. Councilmember Wilson stated we are assuming the road will be there by virtue of doing the feasibility study. In feasibility studies it is possible that there could be components not included in a feasibility report. For example, Council can discuss whether they pave the road between 195th and the Lakeville border, which will have to be done at some point, would be a greater cost to do just that stretch later. He felt they should focus on the feasibility study first, before assuming the pavement will be there, obviously that is implied. He wanted to get a resolution on doing the feasibility study tonight and then continue discussions on the actual project itself. Councilmember McKnight stated if the City wants to see the road to the border, the City needs to step up and order the feasibility report. Regarding communication, the school was given a checklist from the City of things that needed to be done. This puts the issues on the table and alleviates the communication puzzle. Dr. Meeks asked ifthere was an ordinance requiring the school to use City resources to conduct the feasibility study or can the school and the developer use their own resources to conduct the study. City Administrator Urbia stated the City has an agreement for professional services with Bonestroo. They are the City Engineer. The City Engineer is bonded to back the City, so to opt out of that is not in the City's interest. Dr. Meeks asked ifthere was anything that could prevent the school district or developer from seeking their own professional services that could be bonded. Mayor Soderberg stated the City Engineer would still have to do the review to protect the City's interest. The City needs to make sure it is done to City standards. In that case, it would be a duplication of expenses. The cost ofthe review is based on City fees. Councilmember Fogarty stated it would be a waste of taxpayer dollars, paying for it twice. Dr. Meeks stated the school wants to maintain some objectivity in the report. The City was talking about the size of storm sewer and water main and that is pre-determining the outcome of the report. City Administrator Urbia stated we have to look at the big picture, and City Engineer Mann would remain objective in looking at the City's interest and all impacts. It is not just a school project at that point. We have to look at the donut in Lakeville. The City would not charge the school on the overage. The City would look to Lakeville or the Met Council to pay for that. Dr. Meeks stated if the school is paying the fees for all the work, they want to know where the fees are going, who is doing the work and make sure it is within the school's policy, practices and philosophy. City Administrator Urbia stated the City would specify the terms up front. Mayor Soderberg stated the school can use their own engineer for the design and development, but it will still be reviewed by the City Engineer and those fees will be paid. Chair McKnight suggested reviewing the decision on doing the feasibility study at their next board meeting. Dr. Meeks agreed to continue researching the feasibility study and Council/School Board Minutes April 6, 2005 Page 7 discuss this with the board. There is a concern with the school regarding the City wanting to pave Flagstaff to the border. This is outside ofthe plan shared with the public. Ifthe school agrees to this, there is the implication the school will pay for the road to the border. The school is not prepared to agree to that, they need further discussion. Dr. Meeks could not tell the board where the money would come from. Member Donnelly stated the feasibility plan submitted was to 195th Street. That is what the school told the voters. Councilmember Fogarty asked if the bond actually said to 195th Street. She thought it was a transportation bond. Member Donnelly replied there was a map and information presented at public meetings showin! $6.2 million to get all the infrastructure to the high school and to pave Flagstaffto 195 Street. Councilmember Fogarty noted the City's recommendation was $6.9 million. Why did it get changed to $6.2 million? Mr. Griff Davenport, ofDLR Architects, stated they put together the original cost estimates from the school. He stated they did receive the estimate of $6.9 million from City Engineer Mann. However, they had already anticipated a certain amount of money in the budget. Rather than showing the full $6.9 million, they included $700,000 which they had already budgeted elsewhere for onsite improvements such as turn lanes. They are aware of the $6.9 million cost and there was also a fairly large contingency. Councilmember McKnight asked if the survey crews are still working and staff confirmed they are. Member Manthey asked how much extra does it cost to do a feasibility study from 195th Street to the border and how much more time does that take. City Engineer Mann replied they would have to analyze for the scope of services. Member Manthey asked if that amount could be shared. Councilmember Pritzlaff stated it is not so much the cost of the feasibility study. The road will cost more than the feasibility study. Member Manthey stated first they have to decide if they will allow a feasibility study from 195th to the border. The school board agreed they wanted to discuss this further. Councilmember Pritzlaff asked if there were any other major issues on the checklist. Member Weyandt stated they have only had the document for 24 hours and have not had a chance to review it. He assumed the major issues are there and staffhas reviewed this collectively. Mayor Soderberg stated first we need to determine if Flagstaff north of 195th Street needs to be done. He felt Council could order a traffic study to determine that need. If it is identified that it does need to be done, the City still cannot pay for it. Councilmember Pritzlaff asked ifthe traffic engineer says it does not need to be done, would Council take it offthe list. Mayor Soderberg replied ifthe traffic engineer says it does not need to be done and it does not create a safety hazard, it would have to be discussed at that time. Member Donnelly asked if there were warrants for a certain amount of traffic before paving a road. City Engineer Mann replied it is a rule of thumb, there are no warrants for that. They consider maintenance, number of accidents and the nature of gravel versus paving. There are no warrants in the traffic manual. MOTION by Soderberg, second by McKnight, to authorize engineering to do a traffic study as identified in the discussions to determine traffic volumes and the potential increases in traffic volumes generated by a school development on Flagstaff Avenue north of 195th Street. City Engineer Mann stated they will obtain the current counts and project the difference with a school site. The traffic engineer can quantify what could be change based on the high school. If this does not achieve the objective, they will determine what can be done. The survey crew will continue working on the site as the information will be useful at some point barring any significant changes. They are Council/School Board Minutes April 6, 2005 Page 8 currently setting control points. The cost of doing a traffic study could be approximately $5,000. APIF, MOTION CARRIED. a. 20Sth Street Alignment Mr. Davenport stated he has met with City Engineer Mann regarding the routing of20Sth Street to be consistent with the County's expectations. Once the alignment of20Sth Street is resolved they can continue with development of the rest of the site. Originally the County laid the road out with a 2,000 ft. radius which meant a higher speed limit. The City suggested reducing the radius to 800 ft. He presented a map showing 202nd Street connecting to Cedar Avenue and connecting with 20Sth Street. He suggested to the school to develop play fields in the path of 20Sth Street. He would like to reach a consensus on this plan. Councilmember Wilson asked if once a recommendation has been made for the 20Sth Street alignment will the County put this on their CIP. City Engineer Mann stated 20Sth Street will be a city road. The City has petitioned the county, since they have identified this as an important east-west corridor and will alleviate traffic from other roads, to participate in a cost-sharing for this road. If this is achieved, staff does not know ifit would be for the entire alignment. Member Davis asked about the timeline for 208th Street. Mayor Soderberg stated if this segment is built from Flagstaffthrough the site it will also cross other properties. Mr. Davenport stated this alignment follows the county's alignment. The school will develop a circular design around the building with potential access to' 20Sth Street. Councilmember Fogarty felt the timeline would be development driven. Member Davis asked ifit was critical20Sth Street continue past Flagstaff. Mayor Soderberg stated the County has identified and the City has agreed it is critical 20gth connect with 202nd which crosses Cedar Avenue. Member Davis asked where 20Sth Street lies on the City's wish list. Mayor Soderberg replied 20Sth Street east from the Middle School to Hwy 3 is on par with 195th Street to the east. 195th Street has more eminent development. Councilmember Fogarty stated they are only looking at 20Sth Street because of the high school. Mayor Soderberg noted 20Sth Street would come with development. City Engineer Mann stated they need to plat the corridor with the project so it is identified. Mayor Soderberg stated the City would do an agreement for ball fields in the area until development occurs. 6. 20Sth Street/Dallas Intersection City staff and school staff have discussed the issue with the Middle School and the intersection of Dallas Avenue. They have identified some options to deal with the situation. When 208th Street connects with Hwy 3 it will become more of an issue. Staff prepared a drawing which identifies an additional access to the parking lot that would be a right-in only access. This would allow vehicles and buses to circulate through the parking lot. The cost estimate is $105,000. Chair McKnight noted they will lose some parking and asked what the impact would be. City staffwill identify the number of spaces lost in the analysis. Council/School Board Minutes April 6, 2005 Page 9 7. Schedule Next Meeting The next meeting was scheduled for Wednesday, May 4, 2005 at 5 :30 p.m. at the Middle School East. All future meetings will be held at the Middle School and will be televised live. 8. Adjourn MOTION by Fogarty, second by McKnight to adjourn at 7:34 p.m. APIF, MOTION CARRIED. MOTION by Davis, second by Manthey to adjourn at 7:34 p.m. APIF, MOTION CARRIED. Respectfully submitted, (~ ,?r1~ / r Cynthia Muller Executive Assistant 7b DRAFT Farmington Parks and Recreation Advisory Commission Minutes from the Regular Meeting on March 9, 2005 Members Present: Oswald, Johnson, Higgins and Hanson Members Absent: Neal Other's Present: Paul Harrington from Farmington Men's Fastpitch Softball League and Randy Distad, Parks and Recreation Director I. Call To Order Chair Oswald called the meeting to order at 6:03 p.m. Quorum was present. ll. Approval of Agenda. Director Distad requested that the Garvey Empey Concept Plan Review be moved up the agenda after presentations to accommodate Colin Garvey's schedule. Motion by Higgins, seconded by Johnson to approve the meeting agenda as amended. APIF. Motion carried. ill. Approval of January 2005 Minutes. Motion by Oswald, seconded by Johnson to approve the minutes from the February 16, 2005 meeting. APIF. Motion carried. IV. Presentations A. Request to Reduce Ballfield Rental Fees Paul Harrington, League Director for the Farmington Men's Fastpitch Softball League presented a request to have the ballfield rental fees reduced for the league's use of a Rambling River Park softball field. He made the following points: . Men's Fastpitch started in the late 1950's at the Dakota County Fairgrounds. . He took over as the league director in 1975. . In 1980 or 1981Jim Bell was able to acquire the old light poles from the old high school's football field. These light poles were installed at the Rambling River Park ballfield. Men's Fastpitch helped trench in the electrical conduit to the light poles. . They also acquired fencing and helped install it. . The original lights had to be replaced in 1990 and they had to upgrade the electrical for the new poles. Men's fastpitch raised $25,000 primarily through donations that were solicited from the Eagles Club, VFW and American Legion and used to pay for the cost of the lights and the construction of new dugouts. . Men's Fastpitch also provided volunteer labor to construct these improvements. . In addition to these improvements, they also made improvements to the other two ballfields at Rambling River Park including new fencing and bleachers. . Paul felt that it was a massive effort but that it was well worth it and that he was proud of what they accomplished. . He felt that the City and Men's Fastpitch benefited from the improvements. . He further stated that because of their efforts, the Bobber Tournament and Dew Days Tournaments were able to happen. . He said other programs such as Men's Touch Football are able to use the fields. Paul also shared that the Men's Fastpitch League will be hosting the Over 40 Men's Fastpitch State Tournament in August at the Rambling River Park ball fields and that there will be 8 teams in the tournament. Paul stated that Men's Fastpitch would be willing to pay $300 per year through the 2010 season and then would be willing to pay the regular ballfield rental fee after that season. He felt that by then, the Men's Fastpitch League would most likely have folded due to lack of teams. Comment provided by the Commission included the following: . Commission member Hanson acknowledged the work that was done by Men's Fastpitch. . Oswald stated that he was not originally in support of reducing the ballfield rental fee but after hearing about all the work and money raised by Men's Fastpitch that he has changed his mind. . Higgins felt that the community will need to step up in the future to help with other facility improvements much like what Men's Fastpitch did. Hanson moved to recommend to the City Council that the agreement drafted with Men's Fastpitch be approved with the understanding that Men's Fastpitch would pay a flat fee of $300.00 per year plus the regular tournament rental fee for each tournament that they held at the Rambling River Park ballfields. The motion was seconded by Higgins. APIF. Motion carried. v. Old Business A. Approve Commission's 2005 Goals The only suggestion was that Commission members thought that a combined meeting with Rosemount and Lakeville Park Commissions should be attempted in early June. Motion by Higgins and seconded by Hanson to approve the 2005 goals as written. APIF. Motion carried. B. Community Center Steering Committee Update Higgins briefed Commission members on the process and progress that was being made on the community center feasibility study including that program spaces have been selected and will be further discussed and refined at the next steering committee meeting on March 15th. Oswald discussed the timeline for completing the feasibility study. Hanson thought that a climbing wall should be further discussed and possibly added back in. Oswald and Higgins will bring this suggestion back to the steering committee at the March 15th for further discussion. VI. New Business A. Review Hometown Concept Plan After some discussion about the trail location, Commission members felt that it should be located on the other side of the street from where it is identified on the concept plan. Higgins moved to recommend to the Planning Commission that the trail in the Hometown Development be moved to the east side of the street and north side of the long cuI de sac so that a maj ority of the residents in this development do not have to cross the street to access the trail. Johnson seconded the motion. APIF. Motion carried. B. Review Giles Concep Plan Commission members felt that there should be a trail around the entire pond and if possible some kind of bridge or boardwalk should be built across the two closest points of the pond to create a shortcut for trail users. Additional trails were identified in the development that the developer had not identified. Director Distad stated that it appears that there will not be any land dedicated for a park in this first phase of the development and that the City will need to make sure that when the next phase of the development is platted that land for a 35 acre park is dedicated. Motion by Hanson and seconded by Higgins to recommend to the Planning Commission to have the developer construct a trail around the pond and in additional locations identified by the Commission. APIF. C. Garvey Empey Concept Plan. Since the developer was not present, Commission members decided to discuss the concept plan for the Fountain Valley development. Commission members felt that a park should be located in the northeast comer of the development where currently a cuI de sac is located. Commission members also felt that the developer has not met the trail location requirements that were identified in the Existing and Proposed Park, Trails and Open Space Plan Map. By consensus it was recommended by Commission members that if the developer was not interested in dedicating park land in this development then the developer should acquire property in the golf course around the clubhouse and the clubhouse itself and then deed both to the City in place of the land that was to be dedicated in the Fountain Valley development. D. Revise the 5 Year Parks Capital Improvement Plan By consensus it was agreed that the revisions made by Director Distad as to which parks will be master planned in 2005 were acceptable to Commission members. Director Distad will also revise the 5 year CIP to show the new estimated costs of the four parks that were just master planned so that it more accurately reflects the improvements that were identified to be completed through the park master planning process. E. Annual Report Director Distad provided comments about the Department's annual report and opened it up for questions and comments from Commission members. Commission members seemed pleased by the work that was accomplished in 2004 by the Department. VII. Additions to the Agenda There were none. VIII. Staff Report Director Distad informed Commission members that the MUSA Review Committee was going to reconvene in 2005 and reminded everyone that Oswald was the PRAC representative and would like to continue to serve in this capacity. Commission members by consensus agreed that Oswald should continue to serve as the representative from PRAC on the MUSA Review Committee. IX. April Meeting Agenda Items 1. Revised 5 year CIP Plan 2. Garvey-Empey Preliminary Plat 3. Update on the Giles Development Plan 4. Joint meeting with the Community Center Steering Committee X. Adjournnent Motion by Higgins and seconded by Johnson to adjourn the meeting. APIF'. Motion carried. The PRAC meeting was officially adjourned at 8:24 p.m. Respectfully Submitted, Randy Distad Parks and Recreation Director and Recording Secretary City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c TO: Mayor, Council Members, City Administrator ;.J;rfV Lisa Shadick, Administrative Services Director FROM: SUBJECT: Approve Temporary 3.2 Beer License - Farmington Fastpitch League DATE: April 18, 2005 INTRODUCTION The Farmington Fastpitch League is requesting a Temporary 3.2 On-Sale Beer License. This action requires City Council approval. DISCUSSION The Farmington Fastpitch League is holding a Softball Tournament at Rambling River Fields from June 18,2005 to June 19,2005. The Police Chief and Parks and Recreation Director have, in accordance with City Code guidelines, approved the application. The City Attorney has reviewed and approved the issuance of the license. BUDGET IMPACT None. ACTION REQUESTED Approve a Temporary 3.2 On-Sale Beer License for the Farmington Fastpitch League for June 18 - 19,2005. Respectfully submitted, ~1l~ddL Lisa Shadick Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7d TO: Mayor and Councilmembers FROM: David Urbia, City Administrat<t'~ SUBJECT: Schools and Conferences - Administration DATE: April 18, 2005 . INTRODUCTION As a member of the Minnesota City County Management Association (MCMA), I have attended in the past this organization's various conference and training opportunities. I believe this annual conference is an excellent opportunity to obtain continued training and development within the profession of local government management. DISCUSSION I have included a copy of the conference schedule. I would attend in addition to the schedule all three special programs. The Applied Knowledge Assessment would be the follow up step to the ICMA's Voluntary Credentialing Program (the first is occurring at the ICMA Best Practices Conference). This is the third ofthe four training sessions I propose for this year. One session is to seek volunteers for the 2005 ICMA Conference in Minneapolis. As we are the host, we are expected to volunteer for various hosting tasks. BUDGET IMPACT Registration fee $255, travel, lodging, sustenance $346.52. Past and current budgeting for the City Administrator includes $2,750 to attend ICMA, MCMA, and LMC schools and conferences. This year, I propose to attend or have already attended the following: MCMA Mid-Winter Professional Development Seminar (Alexandria, MN), MCMA Annual Conference (Brainerd, MN), ICMA Best Practices Seminar (Austin, TX), and the ICMA Annual Conference (Minneapolis, MN). These four excellent training and networking opportunities will be within this budgeted amount. ACTION REQUESTED Approve school and conference request to attend the 2005 MCMA Annual Conference to be held in Brainerd, Minnesota May 11-13, 2005 for the City Administrator. David City Administrator 5:00 6:00 7:30 Wednesday, May 11, 2005 3:00-6:00 PM Conference Check-in 3:30-5:00 Pre-Conference Opportunity: APPLIED KNOWLEDGE ASSESSMENT (Separate registration required.) Get-Acquainted Reception Dinner 9:15 - 9:30 LEADING CHANGE AND THE VALUE OF PROFESSIONAL MANAGEMENT Robert O'Neill, Executive Director . International City/County Management Assodation THE ETHICAL APPRENTICE: SETTING THE STAGE Dave Childs, Western U.S. Director, ICMA; Former Minnetonka Ci Thursday, May 12, 2005 7:00 AM MACA Business Meeting 8:30 DOING THINGS DIFFERENTLY - A EUROPEAN PERSPECTIVE" Miomir Serbinson, Director, International Public Sector Development Team, PricewaterhouseCoopers, Sweden Break PEOPLE + TOOLS + MISSION: TURNING POTENTIAL INTO REALITY Robert Stephens, Chief Inspector, Geek Squad Lunch Special Program Option (over lunch): CONVERSATION ABOUT PERFORMANCE MEASUREMENT AND THE PERFORMANCE DIVIDEND OF PROFESSIONAL MANAGEMENT Facilitator: Dave Childs 1:00 - 2:30 PM Special Program Option: WONKS & WARRIORS: THE GOVERNMENT PUBLIC ADMINISTRATOR IN MODERN FILM Beth Wielde, Instructor, Urban & Regional Studies Institute, Minnesota State University, Mankato David Schultz, Professor, Graduate School of Management, Ramline University Networking/Connection Opportunities Reception Barbecue The Great Volunteer Opportunity: The 2005 ICMA Conference THE ETHICAL APPRENTICE SHOWDOWN Dave Childs 10:25 10:45 12:00 NOON 2:30 - 5:30 5:00 5:45 7:00 7:30 - 9:00 Friday, May 13, 2005 8:00 AM Joint Business Meeting - MCMA & MACA 9:00 RECRUITING THE NEXT GENERATION FOR THE NEW LOCAL GOVERNMENT WORKPLACE Paul Light, Director, Center for Public Service, Brookings Institution 12:00 NOON Lunch & Adjourn ~ ~ ~ .. i ~ his year's spring ference, Doing Things lfTerently: ~ ~ What You Don't Know Really Can Hurl Help, was developed ~ ~ after many meetings, themes, and brainstorming sessions by ~ ~ the planning committee members. One common theme that ~ ~ kept emerging, however, was the ability to inspire change in re- ~ ~ sponse to the ever-changing realities that all of us face in both ~ ~ our professional and personal lives as professional managers. ~ The committee has worked hard to create a conference~ ;1 ~ agenda that focuses on the positive possibilities of our future- ~ ~ technology, global perspectives, and generational distinctions. ~ ~ What could be seen as barriers can instead be seen as opportu- ~ ~ nities. ~ ~ A wide-ranging group of speakers will be a highlight of the ~ ~ conference-lCMA president Bob O'Neill will be kicking off our ~ ~ conference on Wednesday evening with an interactive discus- ~ ~ sion on change and the value our profession brings to commu- ~, ~ nities. ~ ~ Thursday is filled with opportunities from the moming ses- ~ ~ sion to the evening: Miomir Serbinson, former Chief Executive ~ ~ of Staffastorp, Sweden, will discuss globalism and the Euro- ~ ~ pean perspective of "good govemance" during one moming ses- ~ ~ sion and Robert Stephens, the founder of The Geek Squad, will i ~ round out the moming by focusing on technological changes ~ ~ facing organizations. The evening session will be a fun game ~ ~ of "The Ethical Apprentice," a take-off on The Donald's popular ~ ~ reality TV show. Former Minnesota manager Dave Childs will ~ ~ moderate as groups evaluate ethical challenges. ~ ~ Finally, Paul Light will talk about recruiting the next gen- ~ ~ eration into local govemment on Friday moming. ~ ~ Additional opportunities will focus on performance mea- ~ ~ surement, how public administration is portrayed in modem ~ ~ film, recruitment for volunteers for lCMA 2005, and the always ~ ~ entertaining joint business meeting. ~ ~ We are excited to offer an inspirational and energetic pro- ~ ~ gram, adding to a notable conference reputation for offering ~ ~ professional managers an annual outlet to grow and develop to ~ ~ better serve our communities. On behalf of the members of the ~ ~ planning committee, we invite you to attend the 2005 confer- ~ ~ ence on May 11-13 and see how you can do things differently. ~ ~ ~ ~ Yours in public service, ~ ~ ~ ~ ~ 7~ & ~ ~ .t1ee. Co-Chairs ~ ~//////////////////////////////////////////////////////////////////////////////////////////////////////////////////~ @MCMA CtJ1tfrrence S~f M~ota. CiCy/Cuun.ty MaltAjement Auur:i4timt iff. ~atiun "With. M~ota. Auur:i4timt '1 Cuun.ty AduUnUtratm & City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us }e TO: ,,7A AI1/ Mayor, Council Members, City Administrato?VV" FROM: Lisa Shadick, Administrative Services Director SUBJECT: Customer Service Response Report DATE: April 18, 2005 INTRODUCTION The customer service satisfaction program is designed to evaluate and measure the level of customer satisfaction during service-related interactions. Citizen service requests are documented in terms of complaint type, referring department, priority and service outcomes. Survey responses are typically anonymous to ensure that citizens with negative experiences are just as likely to respond as those with positive service experiences. It is the City's intent to use this information as a customer service tool to improve and promote excellence in customer servIce. DISCUSSION The table below reflects summary statistics generated by Customer Action Request forms for the last six months of 2004, as well as, a summary for the year. Summary response percentages are generated through the analysis of monthly reports and include response data from all operating City departments. # of # of Surveys Prompt Personally Courteous Month Service Retumed Service Satisfied & Helpful Requests (actual responses) (actual responses) (actual responses) July 87 14 100% 73% 100% August 48 10 100% 100% 100% September 90 8 87% 86% 86% 3rdQuarter Summary 225 32 96% 87% 96% October 61 4 100% 100% 100% November 82 2 0% 0% 50% December 81 2 50% 0% 100% 4th Quarter Summary 224 8 66% 50% 85% # of # of Surveys Prompt Personally Courteous Month Service Retumed Service Satisfied & Helpful Req uests (actual responses) (actual responses) (actual responses) Semi Annual I Summary 449 40 90% 80% 94% : 2004 Annual Summary 723 156 92% 85% 98% The percentages above reflect the number of actual surveys that indicated a response in any given category. Calculations are based on the actual numbers of responses received, which may differ from the number of surveys received. Some respondents did not indicate answers to all survey questions. In terms of how personally satisfied a resident is with a specific service outcome, staff responses are, in most cases, controlled by state statutes, City ordinances, available staff resources and/or service priorities. In some cases, responses are a function of a third party who must respond to a given situation. On average, ninety four percent (94%) of citizen requests for service are handled and addressed within a 1-3 day period for the third quarter, 96% for the fourth quarter and 95% for the year. BUDGET IMPACT None. ACTION REQUESTED Acknowledge the Customer Service Satisfaction report data from July through December 2004 and annual survey results for 2004. Staff will continue to present customer service satisfaction data to Council as it becomes available. Monthly report data with department breakdowns are available for Council review upon request. Respectfully submitted, g~ t2.~adLcL Lisa Shadick Administrative Services Director 7-F 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 City Administrator V\'V' t. FROM: Ken Kucl1era, Fire Chief SUBJECT: School and Conference - Fire Department DATE: April 18, 2005 INTRODUCTION The Fire Department is planning attendance at the 2005 Minnesota State Fire School. DISCUSSION Mr. Ken Kuchera, Mr. Chris Matek, Mr. Troy Corrigan, Mr. Adam Fischer, Mr. Justin Elvestad, Mr. Andy Sklvzacek, and Mr. Bob Ellingsworth will be attending the school in Bloomington from April 29 - May 1,2005. They will be attending courses on fire ground management, advanced firefighter track, and fire prevention, Hazmat. BUDGET IMPACT Approved in the 2005 budget. ACTION REQUESTED Approve attendance at the 2005 Minnesota State Fire School. Respectfully submitted, ~l<~ Ken Kuchera Fire Chief CITY OF FARMINGTON SUMMARY OF REVENUES MARCH 31, 2005 25.00 % Year Complete .... . .... . . . :::://:iTEMS::: .... . . ...... % $ - 0.00 10,600 36.99 10,371 68,926 6.29 218,116 3,371 4.32 8,717 66,203 21.36 71,066 31,489 8.16 27,713 56,250 25.00 60,000 6,075 60.75 14,598 59 000 25.00 77.500 301 914 4.24 488 081 GENERAL FUND Property Taxes 4,750,293 - Licenses 28,655 1,686 Permits 1,096,250 35,835 Fines 78,100 3,091 Intergovernment Revenue 310,000 3,506 Charges for Service 386,000 26,699 Investment Interest 225,000 18,750 Miscellaneous 10,000 370 Transfers 236 000 19 667 Total General Fund 7.120298 109 604 ~ 0.00 47.03 23.31 11.03 22.14 5.71 18.75 41.12 25.00 8.06 SPECIAL REVENUE HRA Operating Fund 20,500 2,152 2,478 12.09 298,366 94.66 Police Forfeitures Fund 8,050 398 506 6.29 4,975 61.80 Park Improvement Fund 292,000 4,613 27,605 9.45 57,466 37.88 Recreation Operating Fund 301,500 2,956 7,758 2.57 55,824 20.85 Ice Arena 247,500 29,097 88,999 35.96 - 0.00 ENTERPRISE FUNDS Ice Arena - - 0.00 105,924 37.19 Liquor Operations 3,715,746 233,148 638,725 17.19 573,816 18.47 Sewer 1,333,000 96,059 310,919 23.32 293,975 21.57 Solid Waste 1,557,000 166,482 388,404 24.95 373,672 24.97 Storm Water 235,000 48,699 84,401 35.92 69,587 26.81 Water 1 695 000 99 480 266313 15.71 295 269 18.60 Total Revenues 16525594 792 688 2118022 12.82 2616955 17.57 CITY OF FARMINGTON SUMMARY OF EXPENDITURES MARCH 31, 2005 ........ . .... . iiii:i~:iiiii =: :p:~I'tP:~m ........ . . ........ . .. ..llE..................... .. . ~OQ$........ : /U2Q04() ::~:~ : : ):~:~:~:~:~:~:~:~:~:. . .... . .... . ... .. . . .... . ... . . . . . . . . GENERAL FUND % Legislative 67,162 4,738 22,886 34.08 15,522 24.16 Administration 455,528 37,848 107,580 23.62 87,007 20.20 Elections 10,875 0.00 0.00 Communications 70,882 6,039 16,169 22.81 12,810 18.28 Human Resources 195,206 17,975 46,797 23.97 38,136 20.87 Information Technology 107,783 14,349 16,287 15.11 10,708 19.52 Finance 413,638 44,084 108,723 26.28 95,203 24.34 Planning 174,080 8,817 37,286 21.42 35,306 20.75 Building Inspection 406,738 30,105 90,273 22.19 79,049 22.57 Community Development 158,997 7,097 21,107 13.28 17,651 18.90 Police Administration 603,905 41,480 163,939 27.15 156,880 29.98 Patrol Services 1,518,203 122,941 351,578 23.16 277,715 24.06 Investigation Services 277,602 20,451 62,130 22.38 50,818 19.65 Emergency Management 5,200 16 1,075 20.67 34 2.13 Fire 425,849 27,014 58,657 13.77 65,200 16.60 Rescue 43,110 8,396 9,280 21.53 11,712 30.01 Engineering 284,465 20,619 67,018 23.56 57,424 21.30 G.I.S. 9,798 20 59 0.60 4,009 42.96 Streets 472,632 30,269 88,199 18.66 70,849 16.92 Snow Removal 102,935 16,098 64,228 62.40 45,828 46.83 Signal Maint 105,600 10,662 20,061 19.00 16,432 16.77 Natural Resources 56,285 3,347 10,675 18.97 0.00 Park Maint 407,186 24,051 73,442 18.04 58,228 22.31 Forestry 0 0.00 11,990 11.65 Building Maint 157,995 10,077 27,746 17.56 18,153 14.82 Recreation Programs 375,644 22,406 74,563 19.85 64,294 20.88 Outdoor Ice 0 0.00 3,144 81.66 Transfers Out 213000 53 250 53 250 25.00 43 250 25.00 Total General Fund 7120298 582 149 1 593 008 22.37 1 347 352 22.26 SPECIAL REVENUE HRA Operating 42,100 99 4,777 11.35 4,928 1.70 Police Forfeitures Fund 8,050 348 4.32 2,027 18.01 Park Improvement Fund 528,000 26,924 38,410 7.27 8,673 3.95 Senior Center 148,444 11,283 31 ,228 21.04 30,159 23.81 Swimming Pool 142,533 1,077 3,328 2.33 3,590 2.68 Ice Arena 247159 31 989 88 700 35.89 0 0.00 ENTERPRISE FUNDS Ice Arena 0 0 0.00 71,164 27.11 Liquor Operations 3,561,633 207,571 636,110 17.86 564,466 18.26 Sewer 1,505,497 85,680 265,155 17.61 243,124 6.78 Solid Waste 1,801,506 87,121 311,398 17.29 257,715 17.04 Storm Water 400,884 23,840 62,966 15.71 35,900 9.48 Water Utility 1 140558 33 363 121 151 10.62 134 070 5.45 Total Ex enditures 16,646,662 1,091,096 3,156,579 18.96 2,703,168 14.91 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us 7~ TO: Mayor, Councilmembers, and City Administrator9~'{\'\ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Parks and Recreation DATE: April 18, 2005 INTRODUCTION The recruitment and selection process for the appointment of a Solid Waste Operator to fill a vacant position in the Parks and Recreation Department has been completed. DISCUSSION The City has completed the recruitment, testing, and interview process for a Solid Waste Operator. After a thorough review by Parks and Recreation and the Human Resources Office, an offer of employment has been made to Mr. Joseph Hince, subject to ratification by the City Council. Mr. Hince is currently a warehouse worker for Mills Fleet Farm and has previous experience operating various types of equipment. His knowledge, skills and qualifications meet the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2005 budget. ACTION REQUESTED Approve the appointment of Mr. Joseph Hince in the Parks and Recreation Department, effective April 19, 2005. Respectfully Submitted, 1 .'JU t' ,-;6u,u1A,zLt/dWL/t - i Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ~' TO: Mayor, Councilmembers, and City AdmIDistrarotJ;t~ v FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Summer Hours DATE: April 18, 2005 INTRODUCTION The purpose of this memorandum is to provide information to the Council regarding the summer hours for City facilities. DISCUSSION After discussion with Council, the City will be implementing a new summer hour schedule for City hall and the Maintenance facilities. These hours are intended to provide better service to our customers by giving them extra time on Monday through Thursday to take care of business with the City. Additionally, these hours allow us to maximize efficiency as well as provide some flexibility to City staff regarding their summer work schedules. The hours for the City facilities are listed below and will begin June 6, 2005 and end Friday, September 2,2005. City Hall: Monday - Thursday Friday 7:00 a.m. to 5:30 p.m. 7:00 a.m. to 12:00 p.m. Police Department Monday - Friday 8:00 a.m. to 5:00 p.m. Maintenance Facility Monday - Thursday Friday 8:00 a.m. to 4:30 p.m. 8:00 a.m. to 12:00 p.m. Rambling River Center Monday - Friday 7:30 a.m. to 3:30 p.m. Farmington Liquor Downtown Pilot Knob Monday - Thursday Friday - Saturday Monday - Saturday 10:00 a.m. to 9:00 p.m. 10:00 a.m. to 10:00 p.m. 10:00 a.m. to 10:00 p.m. Outdoor Pool Open June 8th through August 21 st. See Recreation Brochure for hours of operations and swim lessons. These hours will be posted on the City website, Cable Access Channel 16 and at City hall and the Maintenance Facility. Additionally, an article about these new hours will be in the next edition of The Bridges newsletter that is mailed to all residents. BUDGET IMPACT As total hours worked during the week will typically not exceed 40 hours, this schedule does not affect the City's budget in either a negative or positive way. ACTION REQUESTED This memorandum is for information only. Respectfully Submitted, ~~idl- ,/ ,d_'.'.- I Brenda Wendlandt, SPHR Human Resources Director cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7' o FROM: /'~ I Mayor, Councilmembers and City Administrato{;:,:(t~ ~/'\ Randy Di~tad, Parks and Recreation Director TO: SUBJECT: Adopt Resolution Accepting Donation - Rambling River Center DATE: April 18,2005 INTRODUCTION A donation has been given to the Rambling River Center (RRC) from Empire and Castle Rock Townships. DISCUSSION Empire and Castle Rock Township Boards have donated $250 each to the RRC. These donations allow Township residents to pay resident membership rates at the RRC. Staffwill communicate the City's appreciation on behalf of the City Council to the Township Boards for their generous donations. ACTION REQUESTED Adopt the attached resolution accepting the donations of $250 from Empire and Castle Rock Townships. . )kSp .. 00. tfu~. Subi~ed, ,/ ~ ) tJJ:;y Ran~stad Parks and Recreation Director cc: Missie Kohlbeck Patti Norman RESOLUTION No. ACCEPT DONATIONS FROM EMPIRE AND CASTLE ROCK TOWNSHIPS OF $250 EACH 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 18th day of April 2005, at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Empire and Castle Rock Townships have donated $250 each to the Rambling River Center; 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 $250 each from Empire and Castle Rock Townships to the Rambling River Center. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of April, 2005 Mayor Attested to the 18th day of April 2005. City Administrator SEAL 7k City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 . (651) 463-2359 www.ci.farmington.mn.us FROM: :),;1 J /' Mayor, Councilmembers, and City Administrati:~ :l]/f L-- Missie Kohlbeck ."11b Senior Center Coordinator ~ TO: SUBJECT: Adopt Resolution Accepting Donation for the EarthArbor Day Celebration - Parks and Recreation Department DATE: April 18, 2005 INTRODUCTION A donation for the Earth/Arbor Day Celebration has been received from CEEF. DISCUSSION CEEF has generously donated $255 in support of the Earth/Arbor Day Celebration. The donation will be used to offset costs of the Three River Park District Raptor Demonstration. Staff will communicate the City's appreciation on behalf of the Council to CEEF for their support of the Earth/Arbor Day Celebration. ACTION REQUESTED Approve the attached resolution accepting the donation from CEEF. Respectfully Submitted, \.rvt~~l~ Missie Kohlbeck Senior Center Coordinator RESOLUTION No. ACCEPTING DONATION OF $255 FROM CEEF 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 18th day of April, 2005 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, CEEF has donated $255 towards the Earth! Arbor Day Celebration. WHEREAS, it is in the best interest of the City to accept such donations. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts the generous donation of$255 from CEEF to be for the Three Rivers Park District Raptor Demonstration. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of April 2005. Mayor Attested to the _ day of April 2005. 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, City Administrator .' ()vNJ\.. (, FROM: Tim Gross, P.E., Assistant City Engineer ~ SUBJECT: Approve Easement Acquisition - Ash Street Utility & Street Reconstruction project DATE: April 18, 2005 INTRODUCTION Staff has completed easement acquisition negotiations with five additional property owners since the last easement acquisition authorized by council for the Ash Street Utility & Street Reconstruction project. DISCUSSION Permanent utility easements and temporary construction easements are needed for the installation of City utilities and for grading corrections for properties adjacent to the Ash Street Reconstruction project area. A stockpile area is needed from the Dakota County Fairgrounds for the storing of materials and equipment by the contractor during the project. A unique easement agreement document has been drafted with the Dakota County Fairgrounds for the stockpile area and for a right- of-entry to construct a drainage berm on Fairgrounds property. These easement agreements have been reviewed and deemed acceptable by the City Attorney. BUDGET IMPACT The total amount negotiated for the easement acquisitions for these five properties including the stockpile area is $13,588.00. A refundable restoration security in the amount of $10,000 for the stockpile area and the right-of-entry within the Dakota County Fairgrounds will need to be posted with the Fair Board per the agreement. This surety will be returned at the completion of the temporary easement term. The individual property settlement information is available for review at Council's request. ACTION REQUESTED Approve by motion the acquisition of the above referenced easements for the Ash Street Utility & Street Reconstruction project. Approve by motion the easement agreements with the Dakota County Fairgrounds for the use of a stockpile area and the right to enter the Fairgrounds for the purpose of constructing a drainage barrier. Ash Street Utility & Street Reconstruction Project Easement Acquisition April 18, 2005 Page 2 Respectfully Submitted, /k~~ Tim Gross, P .E. Assistant City Engineer cc: file 7hJ 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 t:f!){/~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve T -Mobile Antenna Lease DATE: April 18, 2005 INTRODUCTION T -Mobil has negotiated a lease agreement with the Water board to install antennas on the Water Tower at the North Municipal Campus. DISCUSSION The City has several mobile phone providers that are currently leasing space on the Daisy Knoll Tower. T-Mobil would lease space in the new Tower for equipment and on the new Tower for the antennas. The city attorney's office and engineering staff have reviewed the agreement and recommend approval. The Water Board has also reviewed and approved the agreement contingent on engineering and attorney review. The City Council needs to approve the agreement since the Water Board, while autonomous in its operations and financial oversight of the water system, does not own any property. Therefore the Mayor needs to sign the lease agreement (for property) on behalf ofthe City. BUDGET IMPACT The terms of the lease include a monthly payment to the City of$1,70S.33. ACTION REQUESTED Approve the Lease Agreement between T -Mobil and the City by motion. Resp-ectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file 7~ City of Farmington 325 Oak Street. Farmin!!ton. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Members, City Administrator jtrL- /YfYJl1 FROM: Ken Lewis, Building Official SUBJECT: First Quarter 2005 New Construction Report and Population Estimate DATE: April 18, 2005 INTRODUCTION The following report summarizes the new construction permits issued during the first quarter of 2005 and the first quarter population estimate. DISCUSSION First Quarter Building Permit Information: During the first quarter of the 2005 building construction season (January 1st through March 31 st), the City issued 13 new single-family detached housing permits and 8 new multi-family permits, for a total of 21 new 1 st quarter housing permits. Construction valuation for the single-family and multi-family homes totaled $2,539,500 and $1,083,200, respectively. The average building valuation of the single-family homes during the first quarter of 2005 was $195,347, up from $177,792 during the fourth quarter of 2004.The average building valuation of the townhome units during the first quarter of 2005 was $135,400, up from $124,490 during the fourth quarter of 2004. (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 of2003, 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 ofthe 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: 12,365 + 885 13,250 + 1478 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 Estimated Population as of 4/1/00, per 2000 Census = 300 Certificates of Occupancy issued for the period 4/1/00 to 12/31/00 X 2.95 Estimated Population as of 1/1/01 = 501 Certificates of Occupancy issued for 2001 X 2.95 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 ACTION REQUIRED This item is informational in nature. 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Mann, P.E., Director of Public Works/City Engineer SUBJECT: Consider Resolution - Order Feasibility Report 195th Street Extension to Trunk Highway 3 DATE: April 18, 2005 INTRODUCTION Newland Communities has submitted a petition for the City to initiate a feasibility study for the extension of 195th Street to Trunk Highway 3 (attached). DISCUSSION As indicated in the petition, the developer of the Seed/Genstar property needs the feasibility report for 195th Street in order to evaluate economic impacts and commence with development on the property. Staff has met with Dakota County to discuss the County's 2006-2010 Capital Improvement Plan (CIP). The County does not have the extension of 195th to Trunk Highway 3 programmed at this time. However, the City and the County have a previous agreement that indicates that the County will participate in the costs of this roadway extension per their cost-sharing policies. The cost participation by the County may have to occur sometime after the project is complete, depending on the County's funding ability. A similar arrangement between the City and the County occurred with the westerly extension of 195th Street to Flagstaff. BUDGET IMPACT The budget impacts for the 195th Street Extension to Highway 3 will be outlined in the feasibility report. The cost to produce the feasibility report is estimated to be approximately $25,000 to $30,000. ACTION REQUESTED Consider adoption of the attached resolution ordering a feasibility report for the Extension of 195th Street to Highway 3. 195th Street Extension to Trunk Highway 3 April 18, 2005 Page 2 Respectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R - 05 ORDERING FEASIBILITY REPORT FOR 195TH STREET EXTENSION TO HIGHWAY 3 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 18th day of April, 2005 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, it is proposed to extend 195th Street, from its current easterly terminus east of Akin Road to Trunk Highway 3 and to assess the benefited property for all or a portion of the cost ofthe improvement, pursuant to Minnesota Statutes 429, and; WHEREAS, the City has received a petition to initiate the feasibility study for said extension of 195th Street in order to provide development information in the area of the roadway corridor. NOW, THEREFORE, BE IT RESOLVED that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in conjunction with some other improvement, and the estimated cost of the improvement as recommended. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of April, 2005. Mayor Attested to the day of ,2005. City Administrator SEAL Newland@ COMMUNITIES rm @~ @,_"r"" -, '-'.-::.~:"-"'-'-' O c2.... i' " ,.,., , I f oJ '-,.~!,':,':', I '.~" :. .- ,.--.. .~, -.,'" 1 .""', ' ,'.'_--'--_C:.:I. .- ,'II . . , ~ ' r II' I I,,'.; : I \ ",-'t.J '.' ....- '-.' . r ,..,. - ""'1" L lil ' I. " L' (I,,/.' AT THE HEART OF GREAT LIVING .i April 1, 2005 Lee Mann City of Farmington 325 Oak St Farmington, MN 55024 ~ RE: Petition for Feasibility Study of 195th Street Dear Mr. Mann: During the past few years, and last eight months in particular, analysis of potential site development has been actively discussed and reviewed amongst the land stakeholders, Farmington staff, ahd other public organizations conducting site studies. As the land use plan continues evolving, details regarding the full extension of 195 St. from its current location to Hwy. 3 are necessary for a thorough evaluation of the project's economics. Our initial land planning efforts suggest potential for construction of this final road segment to start in 2006. This letter serves as the formal petition to the City of Farmington to initiate a feasibility study for 195th Street. The status of area developments, our land planning efforts, the County's CIP, and the inevitable design of 195th Street present logical timing for this request. Please review with the appropriate officials and contact me at 952-942-7844 ex. 232 to establish the steps necessary to advance this process. Sincerely, Krista R. Flemming Project Manager CC: Kevin Carroll, City of Farmington Jim Seed, Astra Genstar Partnership LaDonna Monsees, Astra Genstar Partnership lOb 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, City Administrator ,K{, tJ(f}/y ~t FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Resolution - Charleswood Crossing Final Plat DATE: April 18, 2005 INTRODUCTION Centex Homes is seeking approval of the Charleswood Crossing Final Plat (formerly known as Charleswood Northeast). The plat consists of 43 single-family lots and 108 multi-family units on 62.98 acres creating a gross density of 2.4 dwelling units/acre (Exhibit A). DISCUSSION The City Council approved the Charleswood Crossing Preliminary Plat on December 20, 2004 after approval of a Planned Unit Development Amendment on November 15, 2004 that will allow the Developer to construct 56-foot wide single-family lots on the western and southern portions of the plat. The single-family lot sizes range from approximately 6,720 square feet to 13,758 square feet. The single-family lots will have a front yard setback of 25 feet and side yard setbacks of 7.5 feet, totaling 15 feet between homes. Front and rear elevations of some of the proposed homes are provided for reference (Exhibit B). During the preliminary plat process, the Planning Commission requested that the Developer continue to work toward retaining as many trees as possible on the cul-de-sac for the single-family homes, which probably would have necessitated shifting the cul-de- sac closer to Pilot Knob Road. The Developer reviewed the request; however, the Developer was unwilling to relocate the houses closer to Pilot Knob Road, and therefore chose not to decrease the lot depths. The Developer is also proposing to plat 108 multi-family units in 12 buildings ranging from 8-10 units per building. The Developer proposes coach homes along Pilot Knob Road and carriage homes between the coach homes and the single-family lots to the west. The buildings will have a front yard setback of 25 feet from a public street and 21 feet from a private street. The driveway width in front of the buildings is 22 feet. The Developer has provided 29 additional parking spaces throughout the multi-family area for guest parking. The multi-family buildings will be installed with sprinklers because the access roads to the multi-family buildings are over 150 feet in length. With the installation of sprinklers in the buildings, requirements of Section 503 of the Minnesota State Fire Code will be met. Waste Disposal At the March 8, 2005 Planning Commission meeting, the Commissioners tabled the Final Plat until April 12, 2005 in order for staff and the developer to review the solid waste collection issue. The Solid Waste Division is concerned about backing garbage trucks on dead end streets, which is the case in the townhome area. Staff and the Developer believe that they have worked out a mutually agreeable solution to the issue, although all parties agree that this solution is not an ideal situation. The Developer and the City have agreed that the garbage trucks will back down the dead end street and pick up garbage on the right side of the truck (Exhibit C - pink roads). The truck will then move out of the dead end street facing forward. Therefore, all residents living within townhomes on both sides of the dead end streets will be required to locate their trash receptacles on the right or south side of the street in order for the garbage truck to pick up the receptacles. This will reduce the backing of trucks to only one back up movement rather than two if the receptacles were located on both sides of the dead end street. However, in some cases the trucks will be required to drive forward into the dead end street in order to collect garbage because of the way the building and road is situated (Exhibit C - green roads). Where the trucks will drive forward into a dead end street, the trucks will turnaround in guest parking areas. Therefore, "No Parking on Trash Day" signs will be located at these guest parking areas in order to keep the area clear for garbage trucks to turn around (Exhibit D - orange). Once again, the City and the developer acknowledge that this is not an ideal situation; however, the solid waste division is agreeable to this solution. The City will make certain that these situations are reduced in the future. Land Use Outlots A, H, I OutlotB,F Outlots C, D Outlots E, G, J Ponds Private Street Open Space Drainage & Utility Easement/Open Space Transportation The Developer proposes one access from the development onto 195th Street and two accesses onto Pilot Knob Road. Eureka Avenue is proposed at a 60-foot right-of-way with a roadway width of 38-feet from face of curb to face of curb. Eureka Avenue will provide connections to both 195th Street and Pilot Knob Road, and both connections will be right-in/right-out turning movements. Estes Path and 197th Street are proposed at a 60- foot right-of-way with a roadway width of 32-feet from face of curb to face of curb. Estes Path will connect to Eureka Avenue and 19ih Street will connect to Pilot Knob Road. The intersection of 19ih Street and Pilot Knob Road is a full intersection. The remaining roadways are proposed as private streets at 24 feet in width through the multi- family area and to the cul-de-sac in the single-family area. The shared driveways to the townhome garages are at 20 feet in width. The Fire Marshal has required "No Parking" signs on both sides of the private streets. The radius for the cul-de-sac is proposed at approximately 45 feet. The City standard is 50 feet. The radius needs to be revised to reflect that standard. The cul-de-sac roadway length is approximately 580 feet to the nearest intersection, which is under the maximum cul-de-sac length of 600 feet per the City Code. Parks and Trails Randy Distad, Parks and Recreation Director has submitted a trail and park plan for the Charleswood Crossing Final Plat. As shown on the plan, a number of trails are proposed throughout the plat (Exhibit E). Additionally, a parking lot is proposed at the southern end of the single-family area to be utilized for park users to the Meadow Creek Park in Outlot J on the plat. Dakota County Plat Commission Requirements In a letter dated February 24, 2005, the Dakota County Plat Commission (Exhibit F) reviewed the final plat and determined that an additional 15 feet of right-of-way needs to be dedicated along 195th Street. The Developer has met the requirements of the Plat Commission related to the median at the intersection of Eureka Avenue and 195th Street. Per the grading plans, the Developer will construct a median to allow for only right in and right out turns to and from Eureka Avenue (Exhibit G). Engineering Comments The Engineering Division has submitted comments for the Developer to address. One item that continues to be an outstanding issue is the need for the developer to show the cul-de-sac radius to City standards (50 feet) in the single-family area. This information was discussed in memos from the Engineering Department during the review of the Preliminary Plat and was also discussed by the Planning Division in presentations made to the Planning Commission and City Council in December 2004. Engineering has recommended approval of the Charleswood Crossing Final Plat contingent to any engineering comments. ACTION REQUESTED Adopt a resolution approving the Charleswood Crossing Final Plat contingent on the following items: 1. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be required. 2. All requirements from the Parks and Recreation Department and Solid Waste Division shall be met. 3. Comments from the Dakota County Plat Commission shall be met. 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. Respec'l~ Submitted, Lee Smick, AICP City Planner cc: Chad Onsgard, Centex Homes RESOLUTION NO. APPROVING AND AUTHORIZING SIGNING OF FINAL PLAT CHARLESWOOD CROSSING 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 18th day of April, 2005 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of Charleswood Crossing; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the 8th day of March, 2005, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Planning Commission continued the public hearing to the 12th day of April, 2005 and recommended approval of the final plat, and WHEREAS, the City Council reviewed the final plat on April 18, 2005; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be required. 2. All requirements from the Parks and Recreation Department and Solid Waste Division shall be met. 3. Comments from the Dakota County Plat Commission shall be met. 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. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of April, 2005. Mayor Attested to the _ day of April, 2005. City Administrator APPLICA-:ION FOR PLAT REVIEW e X II /8 rr A DATE Z-IY-a5 PLAT.NAME Ct\Ndt(..~LJCOD Crco:Dl t-..Jc,..., 5W QvAD~ oF- \9'5-rrt- 4. }1'\OI ~ AREA BOUNDED BY \ q 5 T)\. ( ~), C€AII S \ (<CMo r), ct\A"l-~ ( W'i5T 1$"""") C-Z. q~ puP TOTAL GROSS ~~ LOCATION ZONING DISTRICT(S) NAMES & ADDRESSES OF ALL Ow(iERS C~ O~v./~{i.JD . ~~ ~ ~Cc."::> 1'2- 10\ Wt-\-t"\lC.wp...1ZtIL ~"'t.., ~ lTL 300 Ml~~'t.~, r-AN "5S~L(~ Cf62- 9'~- 62..02... PHONE: NAME & ADDRESS OF L"''ill SGRVEYOR/ENGINEER VIk'S>ll--OD ~~ ~~'-, /54,q ~~ p~u~, C:C~f;.) ~AtrGt.~ J MrJ ~3Y~ PHONE 952..-":'/-b~50 NAi.'1ES & ADDRESSES OF ALL p...JJOI~I:;iG PROPERTY Ow"NERS AVA!:'.~L=: :3.0M: ON: PL.~T REVIEW OPTION: PRELIMINARY & FIN}~ TOGE!~~3.: PRE PLAT ADMINIST~~TIVE F~~: IN SEQUE~CE: PRE PLAT SURETY: y... I HEREBY CERTIFY TH-t;.T I A.'1 (WE ARE) THE FEE OWNER(S) OF TdE :i..BOVE L.rllm, THAT THE PERSON PREPARING THE PL~! ~~S RECEIVED A COpy OF TITLE 11, C~~TERS 1 THRU 5, ENTITLED "SUBDIVISIONS" A..\1) TITLE 10, CHAPTERS 1 THRU 12 E~TITLED "ZONING" OF THE FA1U~I~GTON CITY CODE Ai.~D HILL PR=:?ARE THE PLAT IN ACCORDAi.~CE WITH TEE PROVISIONS CONTAI~ED THEREIN. ~Ft~~~ ;z, -/1. (J r- DATE ADVISORY MEETING: 1 _ SKETCH Pl.AJ.'i 2. STAFF Ai.~ DEVELOPER CONSENSUS ~ ~ CI) <t) 0 ~ Q: " (..) Q 0 0 ~ ~ ~ ~ ., <..> ~ " N, ~11~ !: H !~ I i ii.l: "J ~U1t l~ \~ ':~:t>........... '~<'J.~ 1 II" ll~ IIi ...'Cwaa't u..:,.; aOo.~:53'1:i'i1I.-; ~,_45 ... " ~1. ~ ~~ ""', " !l ~ ~ 1\ , b?~r\~ " " V " f~ n t; ci ., " Ii ., ~ ~ 1\ '0 .~ ::Ot.:....cC't STun :.:o:.:..:ac,;" Jl.1.l' :-irtj $T::H ;int3 :: on:;:':1 -~ elI/113fT A Q, EXmi31/ A ()~ ~f ~ ..." ,.!! ~ .. j tlH 0 ~: I 0 ~- "5 ~; ] ! ~ !I.l.. ~{ ~ " cs..~ ~ { ] '0% 3lli~ , ' < ~ :5~:5~ ~ ~~ , "1 ~ ~ il ~ i$ ~i~h ~ i$ .. ~. h ! ! 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J ON TRASH DAY CITY OF FARMINGTON EXHIB(t D Surveyor's Office Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 952.891. 7087 Fax 952.891.7097 www.co.dakota.mn.us n tJ Printed on recycled paper with 30% post-con~IJrTh':I. wilste A(\, EQU"'~ OF'POflTUI'IITi EMPLOYER ~~ ail/13fT ,r February 24, 2005 City of Farmington Attention Lee Smick 325 Oak Street Farmington, MN 55024 Re: CHARLESWOOD CROSSING The Dakota County Plat Commission met on February 22, 2005, to consider the final plat of CHARLESWOOD CROSSING. Said plat is adjacent to CSAH 31, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The Dakota County Plat Guidelines require 75 feet of half right of way for County Road 64, which is part of the east-west corridor preservation study, dedicated as a four-lane divided highway in the future. The plat appears to show only 60 feet of half right of way along County Road 64; therefore, an additional 15 feet of right of way must be dedicated. Restricted access should be shown along all of CSAH 31 and County Road 64 except for the allowable access points as shown. The Plat Commission would also like to note that the access to County Road 64 is right turns only; however, no median exists at this time. In the future, no left turns will be allowed from or onto County Road 64 (195th Street). This access may require a median approach during the permitting process with the Transportation Department to put people on notice now that this access is right turns only. The Plat Commission has approved the final plat and will recommend approval to the Board of Commissioners when the plat is submitted in signed Mylar form. The Plat Commission did not approve the plat as submitted. The Ordinance requires submittal of preliminary and final plats before a recommendation is made to the County Board. Traffic volumes on SSAH 31 are 8,800 and are anticipated to be 20,000 ADT by the year 2025. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Conumssion highly recommends early contact with the Transportation Department to discuss design features of any construction in public right of way. The County Transportation Department permit process reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, allowance and size of medians, etc. Sincerely, :(~~n-I+- Secretary, Plat Commission c: Matt Anfang, Centex Homes Westwood Professional Services 03:37:48 PM CST - ." fTl ::;1:::0:::0 ::000 . 3:: (J) "'-' - :I: 0 ~~ fTlO IZ .iI d~ ~tD II -D> ."Z fTl^ ZfTl ("')-1 fTl ~~; 11'0 coco ViN ~~ 00 - :> .." - ::;I."fTlZ :oiT1~~ "'-' :::0 fTl I C'):>I :::O:::O:I: :>OfTl OC:> ZZ< C')O-< --00 (J)oC ("')Z-I 00-< 3:::I:(J) -o~F I -I fTl iT1 l)1/11--m/ f2-t r hf -pul -\- JREET I [j1/18ffG WEST ~~~ 11,"0 COCO VI"" ......co ~o (!) ~ U) (J) I I " 0 ,~ I a: I (.) I ~ 0 0 ~ ~ ..... ex: ~ .., (.,) ~~ " " '^ .~ -~ ~ ~ ,5-'-.) -:s 'e:, ~ ~.~ '^ .~ ~ ::r- -d--"> ('.. 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G> c ~ -.::s ~-J r.:, -J ~ .= .~ ~ <::-.:> ~ -J o City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O~ c.../ TO: Mayor, Council Members, ltf /. -I) /1/Yi / City Administrator c. V r 'I Y\ FROM: Lee Smick, AICP City Planner SUBJECT: K & K Auto Ranch DATE: April 18, 2005 INTRODUCTION The Ash Street construction project has recently begun with milling and grading of the existing road. Mr. Ivan Janssen currently owns the K & K Auto Ranch at 1024 sth Street. With the reconstruction of Ash Street, Mr. Janssen will be required to relocate portions of his auto sales business, because the project will need to encroach upon his property during construction and his accesses onto sth Street and Ash Street will need to be closed at times. The City has agreed to assist in finding a temporary alternative location for some of Mr. Janssen's inventory. Mr. Janssen has indicated that he is agreeable to temporarily relocating his inventory to the northerly portion of the lot located at 1024 sth Street, subject to whatever approvals may be required by the Planning Commission and/or City Council. DISCUSSION In 2004, Mr. Janssen combined his property at 1024 8th Street (consisting of two parcels) with an adjacent lot located to the north (the address for which wasl020 sth Street; see Exhibit A). The two [southern] parcels at 1024 sth Street were within the B-1 Zoning District and had a Comprehensive Plan designation of Business at the time of the lot combination. The adjacent [northern] lot at 1020 8th Street was zoned R- 2 and had a Comprehensive Plan designation of Low/Medium Density Residential at the time of the lot combination. The act of combining the lots did not automatically change the zoning or the Comprehensive Plan designation for any of the lots in question. Therefore, one of the results of the lot combination was the creation of a new lot that had different zoning classifications and different Comprehensive Plan designations for the northern and southern portions of the lot. Although the northern portion of Mr. Janssen's new (combined) lot is the most logical place for him to park and sell cars while his sth Street and Ash Street accesses are closed, the current R-2 zoning on the northern portion of the lot does not allow auto sales as a permitted or conditional use. Therefore, Mr. Janssen is requesting a Comprehensive Plan Amendment and a Rezoning in this area to allow for auto sales from this portion of his property. The Comprehensive Plan Amendment and Rezoning request may sound familiar, because a very similar issue was addressed by the Planning Commission at its meeting on September 9,2003. At that time, the Planning Commission considered a joint request from three adjacent property owners (the owners of the properties located at 1000 8th Street, 1012 8th Street, and 1020 sth Street; (see Exhibits B and C) for comprehensive plan amendments and zoning map revisions. The owners sought to change the Comprehensive Plan designation from LowIMedium Density Residential to Business, and to change the zoning from R-2 to B-1 (Highway Business). However, the Planning Commission and City Council (see attached minutes - Exhibits D and E) each denied the request, primarily due to a history of drainage problems in the vicinity. With the reconstruction of Ash Street, these drainage problems will be resolved through the installation of new storm sewers. The reconstruction of Ash Street will include the construction of a storm sewer on sth Street directly in front of the K & K Auto Ranch business (Exhibit F). Because of Mr. Janssen's desire to expand his auto sales business to the northern portion of 1024 Sth Street, Mr. Janssen is paying for this portion of storm sewer to be constructed in Sth Street. When Mr. Janssen improves his auto sales business on the northern portion of his lot, he will be required to install a storm sewer from the soon-to-be constructed Sth Street storm sewer to the western edge of his lot in order to correct drainage problems in the rear of his lot, while also correcting drainage problems for his neighbors on ih Street that share his rear property line. Proposed Comprehensive Plan Amendment As indicated above, the 2020 Comprehensive Plan currently designates the northerly portion of 1024 Sth Street as LowlMedium Density Residential (see Exhibit B). The surrounding area shows Low/Medium Density Residential uses to the west and north of the property. The properties located to the south and east have a "Business" Comprehensive Plan designation. Granting the proposed Comprehensive Plan amendment would result in the entire lot located at 1024 Sth Street having the same Comprehensive Plan designation, rather than being split between two different designations (as is currently the case). Proposed Rezonin2 As indicated above, the northerly portion of 1024 Sth Street is currently zoned R-2 (LowlMedium Density Residential). As shown on the attached zoning map (Exhibit C), the adjacent properties to the west and north are currently zoned R-2. The adjacent properties to the south and east are currently zoned B-1. Granting the proposed zoning change would result in the entire lot located at 1024 Sth Street having the same zoning, rather than being split between two different zoning classifications (as is currently the case). Conditional Use The approval of the rezoning would require Mr. Janssen to apply for a conditional use in the B-1 zoning district, meaning that the City has the right to impose reasonable conditions or requirements that may be desired by the City and/or by the owners of nearby properties. Such conditions could address issues such as screening, lighting and hours of operation. Because of the tight timeline for the relocation of the cars from their current locations, City staff has published a public hearing notice for a Special Meeting for the Planning Commission on April 26, 2005 in order for the Commission to review the Conditional Use application. If the Council does not approve the Comprehensive Plan Amendment or Rezoning, the public hearing will be canceled. ACTION REQUESTED 1) Adopt a resolution approving a Comprehensive Plan Amendment for the northern portion of 1024 8th Street from LowlMedium Residential to Business. 2) Adopt an ordinance approving a Rezoning for the northern portion of 1024 sth Street from R-2 to B-1. Respectfully Submitted, ()/1 ~ Lee Smick, AICP City Planner Cc: Mr. Ivan Janssen, K & K Auto Ranch RESOLUTION NO. AMENDING THE 2020 COMPREHENSIVE PLAN FOR THE NORTHERN PORTION OF 1024 8TH STREET 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 18th day of April, 2005 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the City of Farmington has initiated a Comprehensive Land Use amendment for the northern portion of 1024 8th Street from Low/Medium Density Residential to Business; and WHEREAS; the Planning Commission held a public hearing on the 12th day of April, 2005 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners, and WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendment for the northern portion of 1024 8th Street from Low/Medium Density Residential to Business; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the 2020 Comprehensive Plan for the northern portion of 1024 8th Street from Low/Medium Density Residential to Business contingent upon the following: 1. Subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of April, 2005. Mayor Attested to the _ day of April, 2005. City Administrator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, rezoning the northern portion of 1024 8th Street THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the properties legally described on the attached Exhibit 1 from R-2 (Low/Medium Residential) to B-1 (Highway Business). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5- 1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. This ordinance shall be effective immediately upon its passage. Adopted this _ day of ,2005, by the City Council of the City of Farmington. SEAL CITY OF FARMINGTON MAYOR ATTEST: CITY ADMINISTRATOR Approved as to form the _ day of , 2005. CITY ATTORNEY Published in the Farmington Independent the _ day of ,2005. LEGAL DESCRIPTION N 100.09 FT of LOT 2 EAKENS ADDITION Hickory St 1 000 8th St + /'I C') I I- 1012 8th St ~ en .!: ~ Proposed location 00 of cars (1020) ~ Recent lot en combination .c ~ I"- 1024 8th St Ash St alf/{311 :4 E;KfflSr{ 8 Request for Rezoning and Comprehensive Plan Amendments Current Comprehensive Plan Map (Y/Af .frt?Wi StrfPl!t'/ 9/ .ffi7 3 Lo .... ~ ~ .... V') ~ .... t'-... Hickory Street leU; Ash Street l"t) ::.... ~ ~ ~ .13'1 :i -------------------------------------------------------------------------------------------------------------------. Farmington N A Castle Rock Township Ex II/Pit ~ Request for Rezoning and Comprehensive Plan Amendments .... t:I.l t:I.l l.... .... V') ..s::: .... . t'-... Current Zoning Map /tiff -Ilhl1 Sepit'#Pt'/ rJ; w3 Hickory Street I "C-o .... t:I.l t:I.l l.... .... V') ..s::: .... co i 0 2-0 it/Z-7- N) ::.... -~ ~ ..s::: 13'1 i Ash Street Farmington. ---------------------------------------------------------------------------------------------------------------------------. N A Castle Rock Township ~XII/6Irl) Planning Commission Minutes Regular Meeting September 9, 2003 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Barker, Heman, Johnson, Larson Members Absent: None Also Present: Joel Jamnik, City Attorney; Kevin Carroll, Community Development Director; Jim Atkinson, Assistant City Planner; Sherri Buss, Bonestroo 2. Approval of Minutes a) August 12, 2003 MOTION by Larson, second by Barker to approve the August 12, 2003 Minutes. Voting for: Rotty, Barker, Heman., Larson. Abstain: Johnson. MOTION CARRIED. 3. Public Hearings (;j\ Rezone of 1000,1012, and 1020 8th Street from R-2 to B-1 V Applicant: Ivan & Janet Janssen, Levin & Patricia Olson, and Harold & Karen Gillespie & Grace Anderson This is a request for a Comprehensive Plan amendment and zoning amendment. The three properties are located on 8th Street, south of Hickory Street and north of Ash Street. The current designation is low/medium density residential. Just to the south the zoning is business and to the north is business. The request is for these three properties to have a business designation and to re-zone to B-1. A letter was received from :Mr. Stephen W ensm~ of Ingrahm & Associates, on behalf of a neighbor further to the west of the properties. The letter raised a few issues. First is that the B-1 designation may be too intense for this area Possibly a lesser business designation such as a neighborhood business would be appropriate. The other issue is drainage, and the third suggestion is to table this item until a specific development plan is brought forward. :Mr. Roger Halweg, representing the owners, stated on behalf of the three property owners that submitted for the commercial re-zoning, the idea was to get it all re- zoned at the same time as there was business at both ends. As far as the drainage issue, there is no real change in the properties as far as drainage. Water along the back of the properties drains to Hickory Street. The houses on lots 3 and 4 will remain. Lot 2 had a house on it and it was removed and filled with sand. Lot 2 is connected with the property on lot 1 which is a business. One reason to do this was anticipation of a turn lane being installed from Hwy 3 onto Ash Street. This would cut off a lot of frontage on the first lot. The owner of lot 2 would like to be able to utilize the lot as a commercial lot. Planning Commission Minutes September 9,2003 Page 2 Chair Rotty stated he understood the logic for lot 2. He did not follow the logic for lots 3 and 4 and askf?d if there was a business plan in place. Mr. Halweg replied nothing had been planned, but with lot 1 and 2 there, it is logical that some day there will be business or commercial property anyway, so they might as well get it done at the same time. Mr. Halweg thought it would be a simpler plan for the city. Commissioner Larson stated if there is no plan for these properties, why re-zone now? Mr. Halweg stated to go along with lot 2. Mr. Orville Swenson, 1007 th Street, stated they have bought the center lot where there is still a building. They have lived there since 1978. Seven of the neighbors have been there before him. It is an old, established community. It is quiet with homes in good repair and good for quite a few more years. The biggest problem is the lot adjoining the car dealership because of the drainage. The two lots containing the homes are elevated. As a result all drainage from the lot next to the car dealership comes into Mr. Hennek's yard. The northwest comer is the low spot. The problem has become worse since the house was removed. Mr. Swenson showed pictures of the drainage in the area. When the house was on lot 2, the land sloped to the east. Now the area has been filled higher than it was. Mr. Swenson felt the community would be better served to keep the present zoning and asked the Commission to deny the re-zoning. Mr. John Prinsen, 1000 ih Street, asked if anyone had ever seen a business that did not cement and asphalt everything in site. That will add to the problem. They cannot stand anymore water on the comer. He asked the Commission to deny the re-zonmg. Mr. Cy Hennek, 1011 7th Street, stated lot 3 is also owned by the same owner as lots 1 and 2. It is rented out and not maintained. Brush has been piled up for 5 years and there are various animals and rodents on the property. He strongly urged the Commission to not change the zoning, because they have no idea what will go in there. Mr. Roger Halweg, stated the pictures show property that is not owned by any of these people. It is looking from the west toward the fence and that is the neighbor to the west. It has nothing to do with this property. Chair Rotty stated he took the fence as the screening between a B-1 and a residential lot. Mr. Halweg replied yes, that has been there for years. Regarding the water, a permit was obtained to remove the house on lot 2. The request was to backfill the hole with sand and additional sand was put on the lot to absorb the water. The water always ran to the back of the lot. Ifthere was high water, it might go onto the neighbor's property, but it is also on this lot. The intent would be to put a rock base over the top. The city would have to approve covering the area with blacktop. Planning Commission Minutes September 9,2003 Page 3 Chair Rotty stated if any business were to go in there, it would be required to have paved parking. . The item the residents are bringing up is that there is a drmnage issue in the area already, and if it is re-zoned and added more impervious surface, it could make the problem worse. Commissioner Larson stated the Commission is saying if you are going to make improvements, you need to take care of the water problem. Mr. Halweg stated the drainage would still have to go to the back of the lot. Commissioner Larson stated you still need to figure out what you are going to do with the water, are you going to pond it there, how are you going to keep it from going on to adjacent properties. Mr. Halweg stated that would mean developing something so the water cannot go off the back of the lot. Commissioner Larson stated if you put down anymore asphalt, you are going to create more water runoff. You will have to pond it or figure out how to get it off your property without putting it onto the neighbor's property. Mr. Halweg stated if the lot was left with gravel, it would absorb the water. Commissioner Larson stated if you are going to extend the parking for the car lot, you would have to pave the parking. Mr. Steve W ensm~ representing Ms. Ann Fischer, 904 ih Street, stated the Comprehensive Plan for this area was not promoting the idea of business on these lots. The B-1 zoning district is a big jump in intensity from R-2. He stated Ms. Fischer is not opposed to a business use, but the neighborhood business district is less intense and more appropriate with less impervious surface and smaller buildings. It does not open the door for as many potential uses. Without a site pl~ it puts a greater burden on the developer ofthe property to re-zone it at that time to address all the issues in terms of buffering. Mr. Orville Swenson stated if a car lot came in, at least part of it would have to be paved. In the past, they have been getting some water, but it is filtered water. Now it would come right off the paving and it would not be clean water. At a car dealership, the front row of cars looks very nice, but they put the junkers and those leaking oil or anti-freeze back in the comer. It would seep into the water. Commissioner Larson stated the drainage is a huge issue. Strict buffering is required, especially from a B-1 district. He could not approve this with that drastic of a jump, from Residential to B-1, without seeing a plan and what is intended for the use. That part ofthe town, and especially that comer is subject to more of a redevelopment or redesign in that whole area He could not approve changing the Comprehensive Plan or the Zoning until that has been done. Commissioner Heman agreed. The change from Residential to B-1 is a huge jump. Without a plan, he would like to table the item until they see what will be done. Commissioner Barker was also not in favor of this. Going from a Residential to B-1 is very drastic. Planning Commission Minutes September 9, 2003 Page 4 n. Commissioner Johnson agreed, especially looking at what is allowed in a B-1. It .is ajump from R-2 and we have to take the neighbors into consideration . especially without a plan. Mr. Roger Halweg, stated when the issue came up to move the house, and they received permission to backfill, etc., he stated the city told them to join lots 1 and 2 because that was a business. He stated that was a recommendation by the Planning Division. He felt it would be logical to go through the process for a re- zorung. Chair Rotty stated he agreed with the other Commissioners. He felt B-1 would be too strong of a zoning. He is not sure how the drainage issues would be resolved. There would be a lack of a buffer to the properties to the west. He would even have to look at a B-4 for a neighborhood business. Chair Rotty stated he is not aware of the discussions with the moving of the house and is not sure if it meant anything beyond that. It was strictly for moving the house. The Comprehensive Plan does not show this area as B-1. The residents have certainly opposed any change in the zoning. At this time, it is premature for any type of re-zoning for this area. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to deny the Comprehensive Plan amendments and the re-zoning. APIF, MOTION CARRIED. b) Zoning Text Amendments for Section 10-5-17: Spruce Street Commercial District - Permitted and Conditional Uses, Creation of a Businessl Commercial Flex Zoning District, and Creation of a Mixed-Use Zoning District Applicant: City of Farmington All the text amendments involve the Spruce Street Area, south ofHwy 50 and west of Denmark Avenue. The first one is the Spruce Street Commercial zoning district permitted and conditional uses. Second, staffwould like to create a new zoning district called a Business/Commercial Flex zoning district. The third is a Mixed Use zoning district. The Spruce Street Commercial zoning district includes commercial recreation indoor, commercial services, personal and professional services, and personal health and beauty. Conditional uses include outdoor commercial recreation, major auto repair, minor auto repair, mixed-use buildings, and public buildings. As far as major auto repair there are two sections of code that would address any negative impacts such as noise, odor, vibrations, etc. A major auto repair use would not be approved if those conditions were present. Another section of the code addresses screening which would address any cars in the parking lot. With 1!jl-llElT E Council Minutes (Regular) November 17, 2003 Page 12 d) o Soderberg, second by Fogarty adopting RESOLUTION R85-03 calling for the sale of $2,205,000 G.O. Refunding BOJ1.ds, Series2003B on December 15, 2003. APIF, MOTION CARRIED. MOTION by Fogarty, second by Cordes adopting RESOLUTION R86-03 calling for the sale of $605,000 G.O. Refunding Bonds, Series 2003C on December 15, 2003. APIF, MOTION CARRIED. Accept Bus Donation - St. Francis Healthcare Services - Parks and Recreation St. Francis Health Services has donated a bus to the city used by the Trinity Health Care Campus. It has a replacement value of $70,000. The bus will be used for field trips, recreation programs, swim bus, and in conjunction with the Darts bus. Council appreciated this generous donation. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R87-03 accepting the donation of a 16-passenger bus from St. Francis Health Services of Morris. APIF, MOTION CARRIED. Adopt Resolution and Ordinance - Consider Comprehensive Plan Amendment 1000, 1012, 1020 8th Street and Consider Zoning Map Amendment 1020 8th Street - Community Development Three adjacent property owners have requested comprehensive plan amendments and rezoning. The proposed Comprehensive Plan amendment is from low- medium density designation to a business designation. The proposed rezoning is from R-2 to Bl. The Planning Commission held a public hearing on September 9, 2003 and unanimously recommended denial of the request. The reasons were they were not clear what the use of the property would be and drainage was a concern. The applicants modified their request and provided more details. The use would be an expansion ofK&K Auto Ranch for the parking of additional cars. They provided a screening plan to screen the business from adjacent residents. They requested a rezoning only on the southern most property. The Planning Commission still felt the details were not sufficient enough and recommended denial for both requests. They still wanted to amend the Comprehensive Plan for the northern two properties. Staff did not recommend this. Mr. Cy Hennek, 1011 7th Street, lives in the house directly behind the lot. The business wants to put in a 4 foot retaining wall and slope the lot to the east, but they do not know where they can drain it to. The owner needs to meet with the engineers regarding Ash Street as to where the sewer will run. Mr. Hennek stated the plan does not seem that bad, but he is concerned with the drainage. It is not the greatest situation to have a business in your backyard. MOTION by Cordes, second by Soderberg to deny the requested Comprehensive Plan amendments and Zoning amendments for the properties located at 1020 8th L.-_.="._. '_.'.'. Street, 1012 81h Street, and 1000 8th Street. APIF, MOTION CARRIED. l- e r-' I Council Minutes (Regular) November 17,2003 Page 13 1_,; Councilmember Soderberg asked if the owner has been informed that it can be done, we just need to see a specific project. The owner has contacted the City Planner to set up a meeting to see what is needed. Mayor Ristow stated there are a lot of neighbors in that area that are concerned about a business expanding in a residential area. He did not want to give anyone the impression that this would be supported. Councilmember Soderberg asked if the Ash Street project would be able to take care ofthe drainage problem, especially at Hickory Street. City Engineer Mar1l1 replied staff will be looking at that as part of the design of Ash Street. The constraint will be the ponding area to the east ofTH3. There is a limitation as to how much land can be used to build the pond. Depending on how much additional drainage this adds to the system will determine whether or not the pond will be able to handle it. f) Adopt Ordinance - Keeping of Animals Within the City - Community Development StafIis proposing changes to include a minimum lot size of2.5 acres and to lower the minimum distance between animal enclosures and neighboring homes to 100 feet rather than 500 feet. Minor changes include a definition of house pets versus farm animals and chickens have been added to the regulations. MOTION by Soderberg, second by Cordes adopting ORDINANCE 003-503 amending section 6-4-2 of the City Code regarding the keeping of farming animals within the City. APIF, MOTION CARRIED. g) Approve Meadowview Park Master Plan - Parks and Recreation Staff presented a Park Master Plan for Meadowview Park in the Charleswood development. A public input process was initiated to receive ideas and opinions on the park plan. Mr. Paul Paige of Hoisington Koegler was hired to assist with development ofthe plan. There were a number of issues that came up. All but one have been resolved. The main issue remaining is the boardwalk. Mr. Paige outlined the process. 195th Street is on the north, 200th Street on the south, Pilot Knob Road to the east and Charleswood development to the west. There is currently a paved trail that winds along behind the homes and connects to Evensong Avenue into an open field area. It stubs out to a wooded island area in the middle of a wetland. The proposed plan includes a playground, a pavilion, . basketball court, and open play field with a backstop. The plan shows the trail connecting to a trail along 200th Street. A suspended or possibly floating boardwalk is proposed across the wetland connecting to a trail. There are small and broader loops proposed for the trails. On the east side, there is no public frontage to the park. That is a bad design. Parking needs to be provided for cars on a neighborhood scale to get to the park without going on long trail circuits to get there. A meeting was held with the owner of Newland Communities. They are open to the idea of connecting in this direction and are aware of the Pilot Knob Road trail improvements. They want to be connected to the park. ~Ol(olvt d:)3 dm /JaH ~va , [fj/!!8/r p- 'ON TO/Jd 3IVO 03AO/JddV 03Nn1S30 NMV/JO A3A/JnS HE1:-9E9-1:59 :xe::J 009v-9E9-1:59 :auo4d EH55 NW 'ined .~S 9E AeM4DIH ~saM 5EEl B:l!:UO Ined ":JS Spa~f4J.JV 18 sa:}epOs! 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WW1-O L[) Q) n () o >, L[) () n Q) W t..... c:S: 0> :::2 t..... o to T o O~I IN 00 CXJ~ o ,-- I , I , , , , I I I I I -, , , 1 I , I , I , "-- o Or-- ml~ Or-- m o , , , , , , -,' G:i ........... W I (fJ.... ...:::::-.::.::::::--- ---____ w t. ~~ G" ~'~C"Pr W AS G ,,"/c-~~ ~l" L:,!/~ .~ ~: ~ :0: ~ , L-/ ,0' ~ , I I ( \1 ~ -j B'f'''''''''''''''''''' o OCXJ I~ ~r-- o r---, , I I I ,- , I , , , , , I , 1 , , I I , lO'gJ 133HS 33s1 11CA-; 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 AdministratorJ]r('\\t~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Wetland Buffer Issue DATE: April 18, 2005 INTRODUCTION The issue of wetland buffers on private property has been raised by several residents in the City. When the City's wetland buffer ordinance was first put into place, buffers were allowed on private property (this practice is no longer allowed, buffers must now be contained in outlots dedicated to the City). Lots were platted with a drainage and utility easement that encompassed the buffer on the property. Residents had expressed concerns that they were not aware that the wetland buffer behind their homes was included in their lot size and in many cases it takes up a significant amount of their back yards. Staff met with the DNR, MPCA and SWCD to discuss possible options to address the residents concerns. The proposal that was discussed at the meeting is to reduce the amount of required buffer on the private property to 10-feet, the width of the standard drainage and utility easement on a rear lot line. The agencies are amenable to this proposal if the remaining buffer areas are strictly enforced. At the January 19,2005 City Council Workshop, the Council directed staff to survey the affected residents to find out how many of the property owners would be in favor ofthis proposal. DISCUSSION 44 wetland buffer surveys were sent out on February 18, 2005 and 36 have since been returned. Of that 36, 4 property owners were in favor of the wetland buffer staying as it currently is and 32 property owners were in favor of reducing the buffer to 10 feet, so the survey results indicate that the majority of the residents are in favor of reducing the buffer on their property to lO-feet. If it is determined that the buffers should be reduced, the following issues will need to be addressed: 1. A decision would need to be made as to whether the City would go ahead and vacate those portions of the existing drainage and utility easements that were platted to encompass the buffers that are larger than the standard drainage and utility easements (lO-feet). If the easements are vacated, there would be the opportunity to incorporate language in the vacation document that identifies the buffer area as a conservation easement (granted by the property owner) that would show up in future title searches when the properties are sold. Future owners should then be aware of the buffers. Vacating the easements would involve a cost and staff time. 2. The City would need to decide if the concept would be applied across the board or if the residents have a choice. For the residents that are happy to have a 40-foot buffer on their property, does the City still vacate a portion of the drainage and utility easement and document the 40-foot buffer (in a conservation easement), or is the to-foot buffer documented and the buffer width is left up to the property owner? BUDGET IMPACT None at this time. As actions are determined, staffwill bring back cost implications as requested. ACTION REQUESTED Council discussion and direction to staff on how to proceed on this issue. Respectfully Submitted, ~#1~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Affected Residents 3 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councihnembers, City Administrator t FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Wetland Buffer Issue DATE: January 19, 2005 INTRODUCTION The issue of wetland buffers on private property has been raised by several residents in the City. When the City's wetland buffer ordinance was fIrst put into place, buffers were allowed on private property (this practice is no longer allowed, buffers must now be contained in outlots dedicated to the City). Lots were platted with a drainage and utility easement that encompassed the buffer on the property. However, it was the developer's responsibility to insure that home buyers knew of the buffer since wetland buffers are not allowed to be shown on the plat. A copy of the plat of the lot is what the homeowner typically receives. There is evidence that there were efforts by the developers to inform the builders who bought the lots about the buffers. This communication may have been lacking between some builders and homebuyers. Some residents have indicated that they had no knowledge of the buffers before they bought their homes and became aware only as the City has begun enforcement to preserve those buffer areas. The residents are very concerned because in some cases there is 40+ feet of wetland buffer on their property (rear yard) and they have much less usable space than they thought when they bought their home. DISCUSSION Pursuant to the November 15th City Council meeting, staff met with the Department of Natural Resources, the Soil and Water Conservation District and the Minnesota Pollution Control Agency to discuss the wetland buffer issue and whether or not there is a way to address any of the property owner's issues and still provide adequate protection to the wetlands. There were several ideas that came out of that meeting that required staff to perform some analysis on a lot by lot basis to quantify the effect of those ideas. Staffhas completed this analysis at this time. The proposal that was discussed at the meeting is to reduce the amount of required buffer on the private property to 10-feet, the width of the standard drainage and utility easement on a rear lot line. Staff has analyzed all of the lots that are affected to determine how much buffer is left after applying this criterion (see attached chart). At the meeting with the agencies, it was discussed that if the buffers are reduced, it would still be desirable to retain a total of a 30-foot buffer on Manage 1 type wetlands and a total of a SO-foot buffer on Protect type wetlands. As shown on the attached chart, there are several lots that would not quite meet these criteria. Wetland Buffer Issue January 19, 2005 Page 2 Staff has been in further communication with Brian Watson of the Dakota County Soil and Water Conservation District and he has indicated that, in light of all the circumstances, the approach outlined above is reasonable, as long as the City will strictly enforce the buffer limits and encourage those property owners that wish to keep the current buffer width to do so to enhance the wetland and wildlife protection. Several issues that arise for discussion if this concept is adopted are as follows: 1. The City would need to consider whether or not to go ahead and allow this "variance" to only those property owners that lodge a complaint, or should the City contact all property owners affected and offer the "variance" to all at the same time? 2. A decision would need to be made as to whether the City would go ahead and vacate those portions of the existing drainage and utility easements that were platted to encompass the buffers that are larger than the standard drainage and utility easements (lO-feet). If the easements are vacated, there would be the opportunity to incorporate language in the vacation document that identifies the buffer area that would show up in future title searches when the properties are sold. Future owners should then be aware of the buffers. Vacating the easements would involve a cost and staff time. 3. The City would need to decide if the concept would be applied across the board or if the residents have a choice. If there are residents that are happy to have a 40- foot buffer on their property, does the City still vacate a portion of the easement and document the 40-foot buffer, or is the 10- foot buffer documented and the buffer width is left up to the property owner? BUDGET IMPACT None at this time. As actions are determined, staff will bring back cost implications at a future meeting. ACTION REQUESTED Council discussion and direction to staff on how to proceed on this issue. Respectfully Submitted, ~}h~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file Mr. Michael Pierce Mr. Derek Christianson Brian Watson, Dakota County SWCD Pat Lynch, Mn. DNR II/; 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 {)rr; j/'V FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Flagstaff Avenue Traffic Study DATE: April 18, 2005 INTRODUCTION At the April 6th Special City Council meeting, the Council directed staff to initiate a traffic study for Flagstaff Avenue in relation to the impact ofthe proposed new High School. DISCUSSION Staff has received the following proposed scope of services from the traffic engineer: Task 1: Data Compilation Obtain School District boundary map. Obtain available traffic volume data. Review Lakeville and Dakota County Transportation Plans. Obtain data regarding residence of students at local elementary schools. Task 2: Research Research counties/cities policies regarding when gravel roads are paved. LRRB research/study data regarding paving of gravel roads. Iowa State University study regarding paving of gravel roads. Crash statistics comparison - gravel vs. paved roads of similar classification. Task 3: Analysis Prepare estimates of directional distribution of traffic. Formulate traffic volume assignments. Determine roadway segment capacity. Task 4: Report Produce final memo with conclusions and recommendations. Flagstaff Traffic Study Apri118, 2005 Page 2 BUDGET IMPACT The estimated cost to perform the above outlined tasks is $4,700. This estimate does not include costs for any meetings. ACTION REQUESTED For Council's information. Respectfully submitted, ~rn~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file /O?~ 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, City Administrator {[1r; r\ FROM: Robin Roland, Finance Director SUBJECT: Adopt Resolution - Debt Management Policy DATE: April 18,2005 INTRODUCTION During the course of the last debt issuance process (for the Refunding Bonds of 2005A), staff was encouraged by Moody's (Rating Agency) to formalize the City's policies for Debt issuance and management. DISCUSSION The foundation of any well managed debt program is an established debt policy. A debt management policy sets forth the parameters for issuing debt and for managing the debt portfolio and offers guidance to decision makers. Adherence to a debt policy helps ensure that a government maintains a sound debt position and that its credit quality is protected. The City of Farmington has conformed to all statutory requirements with regard to debt and has followed accepted financial principles but has not had any 'formal' policy until now. The policy outlined simply reflects current practices and understandings of how debt needs are determined, how debt is issued and managed. This policy gives a general framework for planning and reviewing proposed debt offerings. We recognize that there are no absolute rules of easy formulas that substitute for a thorough review of all information affecting the City's debt position. ACTION REQUIRED Adopt the attached resolution establishing a formal Debt Management Policy. Respectfully submitted, /~/-?-/ / Robin Roland Finance Director RESOLUTION NO. R -05 ESTABLISHING A DEBT MANAGEMENT POLICY 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 18th day of April 2005 at 7 :00 p.m. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, the City of Farmington seeks to maintain, and if possible to improve its current A2 bond rating so borrowing costs are minimized and access to credit is preserved, and WHEREAS, it is imperative that the City demonstrate to rating agencies, investment bankers, creditors and taxpayers that City officials are following a prescribed financial plan, and WHEREAS, decisions about debt should be the result of deliberate consideration of all factors involved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Farmington, that the City will adhere to the following Debt Management Policy: 1. General Obligation bond borrowing shall be planned and the details of the plan will be incorporated in the City's Five Year Capital Improvement Plan. 2. Bond proceeds should be limited to financing the costs of planning, design, land acquisition, buildings, permanent structures, infrastructure, attached fixtures or equipment and movable pieces of equipment with a life expectancy of greater than 10 years as permitted by State Statute. 3. Refunding bond issues designed to restructure currently outstanding debt at a lower net interest rate are an acceptable use of bond proceeds. 4. The City will not use short-term borrowing to finance operating needs except in the case of extreme financial emergency which is beyond its control or reasonable ability to forecast. 5. Bond proposals will be accompanied by an analysis of the sources and uses of funds for the project to be financed with the bond proceeds and sources of funding for the repayment of the bonds. The analysis will reflect how the new bond will fit with the City's existing debt structure. 6. The City may use the services of qualified internal staff and outside advisors to assist in the analysis, evaluation and decision process, including bond counsel and financial advisors. 7. All potential debt issued by the City will comply with all laws and regulations, as well as sound financial principles. 8. Bonds will be sold on a competitive basis unless it is in the best interest of the City to conduct a negotiated sale. Competitive sales are preferred. Negotiated sales may occur under special circumstances to be approved in advance by Council. 9. Bonds cannot be issued for a longer maturity schedule than a conservative estimate of the useful life of the asset to be financed. The City will attempt to keep the average maturity of General Obligation Bonds at or below 20 years. 10. Whenever possible, the City will finance capital projects using self supporting revenue bonds, as they provide the greatest degree of equity (those who benefit from the project and those who pay for the project are matched). 11. Financial reporting and disclosure requirements will be fulfilled annually according to the disclosure guidelines of the Government Finance Officers Association of the V.S and Canada. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th of April, 2005. Mayor City Administrator 1~6 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, City Administrato~~ Robin Roland, Finance Director FROM: SUBJECT: Notice of Summons & Complaint - Angus Property DATE: April 18,2005 INTRODUCTION The City Administrator was served on Friday April 8, 2005 with a Notice of Summons & Complaint in the matter of a property owned by Alyn Angus. DISCUSSION The litigation revolves around a piece of property owned by Angus which is adjacent to that parcel which was recently sold to ISD 192. This property had been identified as a dump site and Phase I and II environmental studies on the property were done as part of the School District's due diligence. The Angus complaint seeks that the City be named the responsible party for remedial action to clean up the dump site. The City Attorney and City staff are pursuing all appropriate avenues to respond to this notice, including consulting with Dakota County's Environmental Management Department, representatives of which are completely informed on this situation. BUDGET IMPACT Unknown at this time. ACTION REQUIRED No action required at this time. For information only. ;;r~j Robin Roland Finance Director <~ LARRY S. SEVERSON :HAEL G. DOUGHERTY* :HAEL E. MOLENDA:!: . LOREN M. SOLFEST*:j: SHARON K. HILLS ROBERT B. BAUER* CHRISTOPHER A, GROVE TERRENCE A. MERRITT:j: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW ANNETTE M. MARGARIT STEPHEN A. LING GARY L. HUUSKO KRISTINE K. NOGOSEK CHRISTINEJ.CASSELLnJS:j: MICHAEL D. KLEMM:j: EMILY FOX WILLIAMS MATTHEW J. SCHAAP CHRISTOPHER J. SIMONES SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 OF COUNSEL JAMES F, SHELDON April 7, 2005 TELEFAX NUMBER (952) 432-3780 www.seversonsheldon.com E-MAa: bauerr@seversonsheldon.com Dl~~~O~~ ~ I APR - 8 2005 , City of Farmington David Urbia, City Administrator 325 Oak Street Farmington, MN 55024 qlJ9 Re: Angus v. City of Farmington Our File No. 6135-23483 Dear Mr. Urbia: Enclosed herewith and personally served upon you, please find the following documents: A. Summons; and B. Complaint. Very truly yours, ~ ",<;- ~ Robert B. Bauer RBB/kmw Enclosures cc: Mr. and Mrs. Alyn H. Angus INDIVIDUAL ATTORNEYS ALSO LICENSED IN lOW A AND WISCONSIN :j:QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE *MSBA BOARD CERTIFIED REAL PROPERTY SPECIALIST STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: CONTRACT COURT FILE NO.: Alyn H. Angus and Carmen Angus, and Alyn Angus, as Trustee of his Revocable Trust Agreement under Agreement dated March 21, 2001, Plaintiffs, SUMMONS vs. City of Farmington f/k/a The. Village of Farmington, Defendant. The State of Minnesota to the above-named Defendant: You are hereby summoned and required to serve upon Plaintiffs' attorney an answer to the Complaint which is herewith served upon you and which is on file in the office of the clerk of the above-named Court within 20 days after service of this Summons upon you, exclusive of the day of service. If you fail to do, so judgment by default will be taken against you for the relief demanded in the Complaint. NOTICE PURSUANT TO MINN STAT. ~543.22 Minnesota General Rule of Practice 114.01 provides that, "All civil cases are subject to Alternative Dispute Resolution (ADR) processes, except for those actions enumerated in MINN. STAT. g484.76 and Rules 111.01 and 310.01 of these rules." These processes are set forth in Rules 114.01 through 114.13 of the Minnesota General Rules of Practice for District Courts. Page 2/SUMMONS This Notice shall not modify or abrogate the Defendant's requirement to provide a formal answer to the Complaint within the time period specified above. Dated: t.{ \ 71 oS" SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. ~ -"S..~ By: Robert B. Bauer, I.D. 2273fJ5 Attorneys for Plaintiffs 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 ACKNOWLEDGMENT The party above-named represented by the undersigned, hereby acknowledges that sanctions may be imposed pursuant to MINN. STAT. ~549.211. ~~~ Robert B. Bauer, I.D. 227365 " STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: CONTRACT COURT FILE NO.: Alyn H. Angus and Carmen Angus, and Alyn Angus, as Trustee of his Revocable Trust Agreement under Agreement dated March 21,2001, Plaintiffs, COMPLAINT vs. City of Farmington f/k/a The Village of Farmington, Defendant. Plaintiffs, Alyn Angus and Carmen Angus, and Alyn Angus as Trustee of the Alyn Angus Revocable Trust, (hereinafter "Plaintiffs ") as and for its Complaint against Defendant states and allege as follows: 1. Plaintiff, Alyn Angus, as Trustee of the Alyn Angus Revocable Trust under Agreement dated March 21, 2001 (hereinafter the "Angus Trust"), is the fee owner of certain property located in the County of Dakota, State of Minnesota, and legally described as: The South 528.00 feet of the east 299.00 feet of the Southeast Quarter of Section 5, Township 113 North, Range 19 West, Dakota County, Minnesota. (the "Property"). 2. Plaintiff, Alyn Angus, prior to the conveyance of Property to the Angus Trust, was the fee owner of the Property. Page 2/COMPLAINT 3. Prior to the transfer of the Property to the Angus Trust, Plaintiff Carmen Angus possessed an inchoate interest in the Property; Plaintiff Carmen Angus now possesses a beneficiary interest in the Property. 4. The City of Farmington was formerly known as the Village of Farmington (hereinafter collectively the "City"). 5. On June 9, 1947, the City acquired a portion of the Property from Raymond Angus, the father of Alyn Angus. 6. While'the City owned a portion of the Property, the City used a portion of the Property as an active dumping and burn site. Upon information and belief, the City actively deposited hazardous substances, pollutants or contaminants on a portion of the Property until approximately 1972. After ceasing dumping operations, the City reconveyed the Property to Raymond Angus with the tacit understanding that the City had undertaken a full cleanup of any contamination of the dump site and that the City was not conveying a contaminated site to Raymond Angus. The City placed a minimum of three feet of top soil on the site to seal the location. 7. The Angus Trust recently sold adjacent property to Independent School District No. 192 for school purposes. During its due diligence, the School District's Consulting Engineers, McGhie and Betts Environmental Services, Inc. undertook Phase I and Phase II Environmental Studies (the "Reports") of the Property and adjacent property. 8. The City has been provided with a copy of the Reports. 9. Contained within the Reports are test results of ground water sampling and other soil sampling indicating the release of hazardous substances, pollutants or contaminants Page 3/COMPLAINT (collectively "Pollutants"), within the meaning of MINN. STAT. ~ 115B.02 located on the Property. 10. Also contained within the Phase II Environmental Report is correspondence from Dakota County dated August 10, 2004 indicating that investigation, cleanup, and closure of the dump site should be undertaken due to the release of Pollutants that occurred on the Property. II. Upon information and belief, the Minnesota Pollution Control Agency ("MPCA") has similarly been advised of the existence of the Pollutants and other environmental hazards (within the meaning of MINN. STAT. S 1I5B.02) within and on the Property. 12. On or about January 31, 2005, the Plaintiffs requested that the City undertake all necessary remedial action as may be required by Dakota County and the Minnesota Pollution Control Agency. 13. A second request was made by the Plaintiffs on or about February 18,2005. 14. Despite repeated requests, the City has refused, without justification, to undertake the necessary remedial action. IS. Pursuant to MINN. STAT. S 1I5B.03, the City is a "responsible person" and must take, all remedial actions as may be required by Dakota County and/or the Minnesota Pollution Control Agency ("MPCA") including, but not limited to, cleaning the Contamination caused by the City so that Plaintiffs may obtain a "no action" letter from the MPCA. COUNT ONE DECLARA TORY RELIEF 16. Plaintiffs restate and reallege Paragraphs I-IS above and incorporate them by reference herein. Page 4/COMPLAINT 17. The Plaintiffs ask the Court to find that the City is a "responsible party" within the meaning of Minnesota Statutes Chapter 115Band that the City is therefore responsible for all future reasonable and necessary costs that may be incurred by the Plaintiffs, including an award of costs, disbursements and reasonable attorneys' fees as allowed by MINN. STAT. ~ 115B.14. COUNT TWO INJUNCTION 18. Plaintiffs restate and reallege Paragraphs 1-17 above and incorporate them by reference herein. 19. The Plaintiffs have and will continue to suffer irreparable harm as a result of the City's failure to take all necessary remedial actions for the removal and remediation of the Pollutants located in and about the Property. 20. The Plaintiffs request that the Court issue an injunction commanding the City to undertake any and all necessary steps as may be required by Dakota County and the MPCA to pursue remediational measures to remove the Pollutants that are on or within the Property. Plaintiffs further request that the City be required to post such security as necessary to assure its performance of the clean up operations required by Dakota County and the MPCA. COUNT THREE TAKING 21. Plaintiffs restate and reallege Paragraphs 1-20 above and incorporate them by reference herein. 22. As a direct and proximate result of the City's actions, the Plaintiffs have been deprived of all economic use of the Property due to the City's taking of the Property for public use without paying Plaintiffs just compensation, therefore, all in violation of the Fifth and Page 5/COMPLAINT Fourteenth Amendments of the Constitution of the United States and in violation of Section 7 of Article One of the Constitution of the State of Minnesota. 23. As a direct and proximate result of the City's actions, Plaintiffs request that the Court require the City to provide just compensation in an amount reasonably believed to be in excess of $50,000.00 and if necessary, issue an alternative writ of mandamus to compel the City to undertake eminent domain proceedings and to reimburse Plaintiffs for their attorneys' fees in accordance with Minnesota Statutes Chapter 117. RELIEF WHEREFORE, Plaintiffs respectfully ask this Court to award judgment against the Defendant as follows: 1. Entering an Order declaring that the Defendant was the generator of the Pollutants at the Property and that the City is a responsible person that is obligated to undertake all necessary remedial actions as required by Dakota County and the MPCA pursuant to Minnesota Statutes Chapter 115B. 2. That the Court enjoin the Defendant and order it to undertake all necessary remedial actions, including but not limited to, obtaining a "no action" letter from the MPCA and to undertake all necessary remedial actions, as determined by the Dakota County and the MPCA to remove the Pollutants on or within the Property. 3. Requiring the City to post such security as the Court deems appropriate to ensure that the Pollutants are removed from the Property as may be determined by Dakota County and the MPCA. 4. A warding the Plaintiffs just compensation as a direct and proximate result of the taking of the Property by the City and if necessary, issue an alternative writ of mandamus to compel the City to commence eminent domain proceedings to compensation Plaintiffs for the taking of their Property . Page 6/COMPLAINT 5. A warding the Plaintiffs their costs, disbursements and reasonable attorneys' fees as allowed pursuant to MINN. STAT. ~115B.14 and MINN. STAT. CHAP. 117. 5. For such other and further relief as the Court deems just and proper. Dated: 'i l/lo:)"" SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. By: ~~. ~ " Robert B. Bauer, J.D. 227365 Attorneys for Plaintiff 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 ACKNOWLEDGMENT The party above-named represented by the undersigned, hereby acknowledges that sanctions may be imposed pursuant to MINN. STAT. ~549.211. ~~.~ Robert B. Bauer, J.D. 227365 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.