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HomeMy WebLinkAbout01.18.05 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 promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING JANUARY 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. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Swear-In New Police Officer - Administration b) Proclaim January National Mentoring Month D. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Mr. James Steurbaut - Finance 7. CONSENT AGENDA a) Approve Council Minutes (1/3/05 Regular) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Approve Consultant Proposal - Council/Management Retreat - Administration d) Reapportionment of Levied Assessment - Charleswood Development - Attorney e) Set Public Hearing for 2004 NPDES Phase IT Permit -Engineering f) Approve Change Order - Southeast Trunk Utility Project- Engineering g) Deleted Item h) Acknowledge Resignation Community Development - Human Resources i) Appointment Recommendation - Fire Department j) Approve Temporary On-Sale Liquor License - Administration k) Approve Temporary On-Sale Liquor License - Administration (Supplemental) I) Capital Outlay - Arena m) Adopt Resolution - Mattson Farm Final Plat and Wetland Conservation Act Permit - Community Development n) Adopt Joint Resolution - Cumpston Annexation - Community Development 0) 4th Quarter Building Report - Community Development p) Approve Bills Action Taken Sworn-In Proclaimed Information Received Approved Information Received Approved Pulled Feb. 22,2005 Approved Acknowledged Approved Approved Approved Information Reccived RI-05 R2-05 Information Received Approved 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Rambling River Chair Fund Raising Marketing Plan - Parks and Recreation b) Progress Update on Second Fire Station - Wold Architects c) Set Date for Community Center Presentation - Parks and Recreation d) Pre-Council Meeting Proposal - Administration e) Downtown Liquor Store Lease - Finance f) Adopt Resolution - Call for Sale of Refunding Bonds - Finance g) Approve Annexation Policy - Community Development h) Adopt Resolution - 2005 Community Development Block Grant ApplicationlReprogramming of Undisbursed Funds from Prior Years - Community Development 11. UNFINISHED BUSINESS a) Set Composition of Boards and Commissions - Attorney b) Approve Council By-Laws Amendment - Administration 12. NEW BUSINESS a) Approve Appointments to Boards and Commissions - Administration (Supplemental) 13. COUNCIL ROUNDTABLE 14. ADJOURN Information Received Information Received Feb. 2, 2005 Approved Approved R3-05 R4-05 R5-05 No Action Taken Approved Approved City of Farnrington 325 Oak Street Farnrington, 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 JANUARY 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. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Swear-In New Police Officer - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Mr. James Steurbaut - Finance 7. CONSENT AGENDA a) Approve Council Minutes (113/05 Regular) b) Parks and Recreation Commission Minutes - Parks and Recreation c) Approve Consultant Proposal - Council/Management Retreat - Administration d) Reapportionment of Levied Assessment - Charleswood Development- Attorney e) Set Public Hearing for 2004 NPDES Phase II Permit - Engineering f) Approve Change Order - Southeast Trunk Utility Project- Engineering g) Deleted Item h) Acknowledge Resignation Community Development - Human Resources i) Appointment Recommendation - Fire Department j) Approve Temporary On-Sale Liquor License - Administration k) Approve Temporary On-Sale Liquor License - Administration (Supplemental) 1) Capital Outlay - Arena m) Adopt Resolution - Mattson Farm Final Plat and Wetland Conservation Act Permit - Community Development n) Adopt Joint Resolution - Cumpston Annexation - Community Development 0) 4th Quarter Building Report - Community Development p) Approve Bills Action Taken Pages 1-2 Page 3 Pages 4-13 Pages 14-16 Pages 17-21 Pages 22-25 Page 26 Pages 27-29 Page 33 Page 34 Pages 35-36 Page 37 Pages 38-52 Pages 53-59 Pages 60-62 Page 63 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Rambling River Chair Fund Raising Marketing Plan - Parks and Recreation b) Progress Update on Second Fire Station - Wold Architects c) Set Date for Community Center Presentation - Parks and Recreation d) Pre-Council Meeting Proposal - Administration e) Downtown Liquor Store Lease - Finance f) Adopt Resolution - Call for Sale of Refunding Bonds - Finance g) Approve Annexation Policy - Community Development 11. UNFINISHED BUSINESS a) Set Composition of Boards and Commissions - Attorney b) Approve Council By-Laws Amendment - Administration 12. NEW BUSINESS a) Approve Appointments to Boards and Commissions - Administration (Supplemental) 13. COUNCIL ROUNDTABLE 14. ADJOURN Pages 64-65 Pages 66-76 Pages 77-78 Pages 79-92 Pages 93-98 Pages 99-102 Pages 103-108 Pages 109-128 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David ~rbia 11 ~ City A~stra<<V SUBJECT: Supplemental Agenda DATE: January 18, 2005 It is requested the January 18,2005 agenda be amended as follows: ANNOUNCEMENTS/COMMENDATIONS Add 5b) Proclaim National Mentoring Month Proclaim January 2005 as National Mentoring Month. 7k) Approve Temporary On-Sale Liquor License - Administration Approve a Temporary On-Sale Liquor License for the VFW. 70) Fourth Quarter Building Report - Community Development Attached is a revised Fourth Quarter 2004 and Year-End New Construction Report and Population Estimate. Add 10h) Adopt Resolution - 2005 Community Development Block Grant Application Reprogramming of Undisbursed Funds from Prior Yean Approve application for 2005 CDBG funding. 12a) Approve Appointments to Boards and Commissions - Administration Applicants were interviewed on Saturday, January 15, 2005. Council needs to approve the appointments. Respectfully submitted, ~,~~I:-~ David Urbia City Administrator 5/; NATIONAL MENTORING MONTH JANUARY 2005 WHEREAS, Young people who have mentors have a better chance of succeeding and are more likely to make positive choices, and; WHEREAS, Research shows volunteer mentors can playa powerful role in reducing risky adolescent behaviors such as drug and alcohol abuse and youth violence, while greatly enhancing a young person's prospects for leading a healthy and productive life, and; WHEREAS, In Minnesota, there are an estimated 450,000 young people who could benefit from an adult mentor, and; WHEREAS, With the support of businesses, communities, and caring adults we can help introduce a child to new ideas and opportunities through mentoring. THEREFORE, in the great City of Farmington, which celebrates the thousands of adult mentors already volunteering, and in our determined efforts to recruit new mentors, we proclaim January 2005 as National Mentoring Month. Mayor Soderberg City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - VFW DATE: January 18, 2005 INTRODUCTION The VFW is requesting a Temporary On-Sale Liquor License for a Mayoral Charity Ball, to be held March 5, 2005. DISCUSSION This event will be held at the St. Michael's Church Social Hall located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT A City fee has not been established for a Temporary On-Sale Liquor License. In discussion with the Liquor Control Commission, staffwas informed that the State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. ACTION REOUESTED Approve the attached application for a Temporary On-Sale Liquor License for the VFW for a Mayoral Charity Ball, March 5, 2005. Resp56::'d: .~ Lisa Shadick'-- Administrative Services Director 7/( 70 City of Farmington 325 Oak Street. Farmineton. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: r;~0 Mayor, Council Members, City Administrator r \ FROM: Ken Lewis Building Official SUBJECT: Fourth Quarter 2004 and Year-End New Construction Report and Population Estimate DATE: January 18, 2005 (REVISED) INTRODUCTION The following report summarizes the new construction permits issued during the fourth quarter of 2004, the year-end building permit totals, and the year-end population estimate. DISCUSSION Fourth Quarter Building Permit Information: During the fourth quarter of the 2004 building construction season (October 1 st through December 31 st), the City issued 12 new single-family detached housing permits and 20 new multi-family permits, for a total of 32 new 4th-quarter housing permits. Construction valuation for the single-family and multi-family homes totaled $2,133,500 and $2,489,800, respectively. The average building valuation of the single-family homes during the fourth quarter of 2004 was $177,792, down from $198,785 during the third quarter. The average building valuation ofthe townhome units during the fourth quarter of 2004 was $124,490, down from $157,755 during the third quarter, (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 Building Permit Information: The year-end figures reflected 113 new single-family units and 112 new multi-family units and 1 duplex equaling 2 units for a total of 227 new building permits issued. The 227 new residential permits resulted in a total new residential building valuation of $36,741,320. Of that year-end total, the valuation for new single-family home construction was $22,348,800, for an average valuation of $197,777 per single-family unit. The valuation for new townhouse construction was $14,068,120, for an average valuation of $125,608 per townhouse unit. The valuation for the new duplex construction was $324,400, for an average of $162,200 per unit. As noted above, these valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula Year-End Population Estimate: At the beginning of 2003, City staff decided that each quarterly building permit report should also include an updated population estimate for the City of Farmington, After discussing several methods of calculating population, a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance of the permit and the actual occupancy 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 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 3 I, 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 ACTION REQUIRED This item is informational in nature. 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S .l:> {:. . o "" 1i)-g"E58 .-NC"l""N '"" o o N /O~ 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 AdmimstratoV FROM: Kevin Carroll, Community Development Director SUBJECT: 1. 2. 2005 Community Development Block Grant Application Reprogramming of Undisbursed Funds from Prior Years DATE: January 18, 2005 INTRODUCTION The City has the right to apply for $65,500 in Community Development Block Grant [CDBG] funds for CDBG Program Year 2005 [July 1, 2005 through June 30, 2006]. To secure the grant money that is available, the City must prepare and submit an application that specifies eligible activities or projects to which the City intends to apply the available funding. The completed application must be submitted to the Dakota County Community Development Agency [CDA]. The City also has the right to "reprogram" unspent CDBG funds from prior years, so that they can be used for current or anticipated projects. DISCUSSION 1. 2005 Community Development Block Grant Application For the last several years, the City has received [federal] Community Development Block Grant funds, which have been administered and distributed by the Dakota County Community Development Agency [CDA]. The next CDBG "program year" will run from July 1, 2005 through June 30, 2006. The exact amount of money that will be available is presently unknown, but it will probably be about $65,500. In order to obtain the available CDBG funds, the City must complete and submit an application, as it has done in past years. The application must identify the project(s) for which the CDBG funds will be used, and the specific project activities to which the funds will be applied. CDBG funds can only be used for "eligible" projects or activities that satisfy certain "National Objectives." Typically, such objectives include redeveloping slums or blighted areas, creating or improving housing that benefits individuals who fall within "low to moderate income" guidelines, or creating jobs that pay wages that fall within certain ranges. At the Farmington HRA meeting that was held on December 13, the HRA Board discussed projects or activities that could potentially be included in the 2005 CDBG application. At that time, the HRA members indicated a desire to allocate the upcoming program year's CDBG funds to the cost of acquiring and demolishing the structure that is locally known as the "Riste" building, located at 209 Oak Street in downtown Farmington (directly across the street from the Farmington Bakery). A "No Occupancy" notice was posted on the building in August of 2004, due to the existence of a number of issues related to plumbing, heating, fire safety and structural integrity (see attached letter from Fire Marshal). The HRA is interested in exploring the possibility of acquiring the building, demolishing it, and making the site available for redevelopment. At its meeting on December 13, the HRA indicated a preference for devoting 100% of the 2005 CDBG funds to the aforementioned project if possible. However, they indicated that if that could not be done for any reason, they would be in favor of allocating all or a portion of the 2005 CDBG funds to one or both of the following uses: first, to any costs incurred by the HRA in redeveloping the "McVicker lot" between Gossips and the Farmington Steakhouse, and second, to the housing rehabilitation fund that is administered by the Dakota County Community Development Agency [CDA]. After the December 13 HRA meeting, the Dakota County CDA indicated that no more than 50% of the 2005 CDBG amounts could be allocated to "slum and blight" projects. Accordingly, the staff recommendation is that $32,750 (50%) of the 2005 CDBG amount be allocated to the Riste building (which meets the "slum and blight" criteria) and that $32,750 (50%) be allocated to any costs related to the redevelopment of the McVicker lot (which may meet the "low and moderate income" criteria for the housing units that are planned for the upper level of the building, if the income levels of the initial tenants fall within certain ranges). 2. Reprogramming of Undisbursed Funds from Prior Years The HRA has some "unspent" CDBG money available from past years. These funds were allocated to projects that either (a) did not proceed as planned or (b) were less expensive than originally projected. The City has the right to "reprogram" these funds by allocating them to new projects where the funds will be spent. The amount that is available is $70,792.06 (see attached e-mail from Dan Rogness dated January 13, 2005). The "50% test" referred to above does not apply to these funds. The funds were previously allocated to "slum and blight" projects, so 100% of the unspent CDBG funds can be reprogrammed for a new "slum and blight" project. The staff recommendation is that the entire amount be applied to costs related to the acquisition and demolition of the Riste building and/or the adjacent Xcel Energy [former NSP] building. *************************** I have attached a proposed Resolution that has been prepared in the format required by the Dakota County CDA. If the Resolution is approved by the Council, an application that is consistent with the terms of the Resolution will be completed, attached to the Resolution and submitted to the Dakota County CDA. ACTION REQUESTED Motion to approve the attached Resolution approving the City's application for Program Year 2005 Community Development Block Grant funding and approving the reprogramming of unspent CDBG funds from prior years, as summarized below: 1. Allocating $32,750 (50%) ofthe City's 2005 CDBG amount to costs associated with the acquisition and demolition of the Riste building, located at 209 Oak Street. 2. Allocating $32,750 (50%) of the City's 2005 CDBG amount to costs associated with the redevelopment of the McVicker lot( s), located at 317 and 323 Elm Street. 3. Reprogramming $70,792.06 in undisbursed CDBG funds attributable to past fiscal years, by allocating that amount to costs associated with the acquisition and demolition of the Riste building, located at 209 Oak Street, and/or the XceI Energy/NSP building, located at 205 Oak Street. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF FARMINGTON FOR FISCAL YEAR 2005 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT [CDBG]FUNDING, AND APPROVING THE REPROGRAMMING OF UNDISBURSED CDBG FUNDS FROM PRIOR FISCAL YEARS BE IT RESOLVED by the City Council of the City of Farmington as follows: 1. That the Community Development Director is authorized to submit an application to Dakota County for a Community Development Block Grant in Fiscal Year 2005. 2. That the Mayor and the Community Development Director are hereby authorized to execute a Fiscal year 2005 CDBG Application that is consistent with the direction provided by the City Council at its meeting on January 18, 2005. 3 . That the Dakota County CDA be designated as the administrative entity to carry out the program on behalf of the City. Adopted by the City Council of Farmington this 18th day of January, 2005. Ayes: Nayes: Kevan Soderberg, Mayor ATTEST: VI W s:: s:: s:: 0.81\) ~'';:: ~"C:s ...'iCl:SS::S:: ...'iC \,J' - I\) "-:.::: E ~ I\)~ :"'1\) J:::sl:S"C:s Cl.~~ 3rd Street I I I I I I I I I I I I I I I I I I II III I I _"- - - I~ - -.! ~ ~ .... VI ~ ~.... I\) V) l:Sl' "C:s:... 01\) ......'f S::l:S ,l:S CQ ~s:: s:o '- .... :...~ os:: u'- ~ ~ '-" ~~ I\) :... ~..9:! "C:s- o l:S ......\,J s:: _VI l:S~ ~..9:! ....- s:: l:S 'S::~ o. u~ on c: :i2 ... IG Q" JiJiJ../JS pUc <(z --... ~ ..9:! :... ~ ~I\) ~-. 1\):'" \,J~ ~ I\) ~ = ~ ~ l:S :... ~ ~::s ~CQ ~~ ~ '-" = = I I I I I I I I = . I ~I ~ , I\) I . I\) ~~ ~..., ~ --.~ I '--'~ CQ:... CQ~:... ...'iC~ I ~o~ ~~01~l:S~0 ~CQ- ~CQ-I- e I\) , I e I\).VI . CQ ~-~ I CQ l:Sl..9:! E S::o s::::::o ~~ I ~ ~~ ~~I ~~l:S 1J..j~ I IJ..j ~ I I = ~ --... s::s::~ ~ ~.~ 0:"'''C:s lo;;,l:S:::: CQ;:::!.~ w ~ ~ w VI ~ ~ o ...... ~ s::: s:::~ ~.::s elX3 lX3~ ..... ", ig s::: ....",.... ~~~ ..s;:.....~ .....130 ~t;Cl. ~ rAD~II6Tifl\1 riB! ~BEPllBT~V'll1~ ~=~BJ!J!~ ,...r ~ v~ ~ ~~~~J ~ ~_.J~ =~~ ~ !W!I..~,!~ Jt Established 1880 325 Oak Street Farmington, Minnesota 55024 August 24, 2004 Hosmer A. Brown 5050 France Avenue Edina, MN 55435 Re: 209 Oak Street (Riste Building) Dear Mr, Brown, foperty located at the ef~tmined that the building <l>:f ..~~;. On August 24, 2004, Buil<:iirl<' f:lcia.l iY. .., ",' "," above mentioned addres~l~~.a result of the inspectioIl" it has is unsafe, . , . .. .~~ ~~ '~i~ r:;~';""::;:">;" ,; ..'~:...'. ........:,; i'~~lJ There are several struCttl,~fl1, pltii:qbing,heating ing'fire safety issues tha.tfa.re present. '.i ... .",,;'.i, (,"i,}!,,;;".;";': ,:,;"': .... ,~;;{ ?:::'DO NOT OCCUPYTms.STR.UCTURE,'0"! ':'~~'/..":'.>" .,"'" ....... , Ail'! The following hazard mus~be a:t:ia!~d,i~inediately per Minn.~sota StateFire Code Section 110, :' '. ',: \'i'f~} ~ Disconnect electricaJ.~ervice to the'structl.1re, hazard. 'i.if:, "{1/% iring pose a safety and fire .,., "";',,,,,>-""'~ If you have any questions, pleas~a~:Rdfii~~ifuf~td''&~iirii~;a 651) 463-1840. This matter has also been forwarded to the Farmington Building Department. You may also contact Ken Lewis, Building Official at (651) 463-1833 to discuss options regarding this building. John Powers Farmington Fire Marshal cc: Dave Urbia, City Administrator Ken Kuchera, Fire Chief Ken Lewis, Building Official Kevin Carroll, Community Development Director Page 1 of 1 Kevin Carroll From: Dan Rogness [DRogAess@dakotacda.state.mn.us] . -~ Sent: Thursday, 4~nuary 13, 2005 1J:36 AM To: Kevin Carroll Cc: Jill Hutmacher; Stephanie Newburg Subject: CDBG Kevin: Please review the attached table showing CDBG balances through December of 2004. You will see that the following balances exist for acquisition and clearance ... 1. Property acquisition = $52,543.31 (FY95, FYOO, FY01) 2. Clearance = $18, 246.75 (FYOO, FY04) 3. Combined acq.lclearance = $70,792.06 Now would be a good time to tell us that you'd like to reprogram these to a specific site/building. We are in the process of putting together a Substantial Amendment for a number of other cities that are reprogramming CDBG funds. We can include Farmington as well. The city council's approval of the FY05 CDBG application could also include approval amending these prior-year activities to one new activity or project. Please identify the project site(s) by address if you should decide to do this. The Substantial Amendment will be approved by the CDA Board on March 8 if you are able to give me the ok by the end of this month. Finally, these activities were set up under the Slum/Blight national objective, so we can amend them to the same SIB objective. You will note on the attached table that the housing rehab funds are nearly spent, so we can certainly use more CDBG funds in that activity. Dan Rogness Dakota County CDA 651.675.4464 1/18/2005 Ida.., 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 Lisa Shadick, Administrative Services Director FROM: SUBJECT: Appointments to Boards and Commissions DATE: January 18, 2005 INTRODUCTION / DISCUSSION The City Council, at a special meeting held January 15,2005, interviewed and proposed the following appointments to Boards and Commissions: Seat Applicable Term New Appointment Heritage Preservation 1) 2/1/05-1/31/08 Vacant Parks & Recreation 1) 2) 2/1/05-1/31/08 Paula Higgins 2/1 /05-1 /31/08 Karen Neal Planning Commission 1) 2) 2/1/05-1/31/07 Dirk Rotty 2/1/05-1/31/07 Chaz Johnson Rambling River Center Advisory Board 1) 2/1/05-1/31/08 Charlie Weber 2) 2/1/05-1/31/08 Sarah Miller Water Board 1) 2/1/05-1/31/08 Tom Jensen Housing and Redevelopment Authority 1) 2/1/05-1/31/10 Todd Arey 2) 2/1/05-1/31/08 Yvonne Flaherty Upon approval ofthe City Council the applicants will be notified by letter and will receive an Oath of Office and Certificate of Appointment. ACTION REOUIRED Council by-laws state that commission appointments shall be made at the second regular meeting of the year. Therefore, the action requested is to approve the appointments to the various Boards and Commissions for the above stated terms. Respectfully submitted, ~tl.liacbz Lisa Shadick, Administrative Services Director 5a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and counCilmwem. b s City Administrator I Daniel M, Siebenaler, Police Chief FROM: SUBJECT: Oath of Office, Officer Jason Fox DATE: January 18, 2005 INTRODUCTION / DISCUSSION Officer Jason Fox was hired for the Farmington Police Department on January 3rd by action of the City Council. Officer Fox began his duties with the department on January 18th and has started formalized Field Training. ACTION REQUESTED It has become a tradition for new members ofthe Farmington Police Department to take their Oath of Office during a regular meeting of the City Council. After the introduction of Officer Fox to the City Council and the public, the City Administrator will administer his Oath of Office. Respectfully submitted, aniel M. Siebenaler Chief of Police Oath of Office Farmington Police Department I, Jason Fox, do solemnly swear, That I will support and defend the Constitution of The United States of America and the State of Minnesota against all enemies, foreign and domestic. That I will bear true faith and allegiance to the same. That I take this obligation freely, without mental reservation or purpose of evasion. That I will well and faithfully discharge the duties upon which I am about to enter, so help me God. Officer Signature Witness Jason Fox David Urbia, City Administrator Date January 18. 2005 Date January 18.2005 Chief of Police Daniel M. Siebenaler ~CL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, City Council members, City Administrator FROM: Robin Roland, Finance Director SUBJECT: Response to Citizens Comments - James Steurbaut DATE: January 18,2005 INTRODUCTION Mr. James Steurbaut addressed the January 3rd Council meeting regarding the issue of his well and asked for information regarding what he should do and what the City's responsibility was. DISCUSSION Mr. Steurbaut filed a claim with the City on December 27,2004 stating that the water had been depleting over the previous 3 weeks until December 21 sl when it "ran out completely". (The claim was forwarded to the League of Minnesota Cities Insurance Trust (LMCIT)). He was in touch with both Lee Mann and Tim Gross regarding this situation and he was advised to take all reasonable and prudent actions necessary to care for his property and situation. He was also advised that he should contact the DNR to pursue a well interference claim (which is statutorily required) before any resolution to his claim against the City could occur. Mr. Steurbaut was also given the contact information of the claims adjuster at the LMCIT. Mr. Steurbaut requested a variety of information from the City with regard to the Ash Street project and the associated dewatering. The Engineering division (Tim Gross) has supplied the information requested to Mr. Steurbaut. ACTION REQUIRED For information only. R~~lY, submitted, jfi!{;~--/ Finance Director Cc: James Steurbaut h., COUNCIL MINUTES REGULAR January 3,2005 City Administrator Urbia opened the meeting and introduced Judge Macklin to perform the sweanng-m ceremony. Judge Macklin swore-in Kevan Soderberg as Mayor, David McKnight and David Pritzlaff as Councilmembers. 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson (at 7:10 p.m.) None Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Todd Arey, Fred Last, Steve Wilson, Randy Oswald, Jeff Tilden, Kevin McKnight, Julie McKnight, Ann Manthey, Michael Burns, Matthew Berge, Nick Albano, James Steurbaut, Shari McKnight, Kim Lomas 4. APPROVE AGENDA Councilmember Fogarty moved item 12a) Declare Council Vacancy and How to Fill to the beginning of the agenda. City Administrator Urbia added item 13a) Chamber of Commerce Coffee with the Council to the agenda. MOTION by Fogarty, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 12a) Declare Council Vacancy and How to Fill- Council As Councilmember Soderberg was elected Mayor, his Council seat became vacant. Mayor Soderberg noted the seat could be filled through an election, but that is not a viable option. The other option is to appoint someone to fill the seat. MOTION by Fogarty, second by Pritzlaffto declare a vacancy and to appoint the third highest vote getter in the last election, Mr. Steve Wilson. APIF, MOTION CARRIED. Judge Macklin swore-in Steve Wilson as Councilmember. Council Minutes (Regular) January 3,2005 Page 2 5. ANNOUNCEMENTS a) Introduce New Employee - Liquor Operations Ms. Kim Lomas was introduced as a new full time Liquor Store employee. b) Introduce New Employee - Administration Ms. Joy Rowan was introduced as a new Administrative Services Technician. Councilmembers McKnight, Pritzlaff and Wilson thanked their families and friends for their support. 6. CITIZEN COMMENTS Mr. Jeff Tilden, 5314 203rd Street W, welcomed the new Councilmembers. He stated he has been at previous meetings and his goal is to get a stop sign on 203rd Street or some type of traffic calming. He has pledged his support with Police Chief Siebenaler to try to change the speed limit. He asked Council to take an interest in the speeding on 203rd Street W. He wanted to keep this issue on top. It is not only on this street, but also others. He will keep coming until something is done. He would like to receive the data collected from a previous speed study. Mr. Jim Steurbaut, 3422 225th Street W, he had some concerns about the Ash Street project and the de-watering. He would like more information on which residences and businesses were affected and what is being done by the City to re-instate the water service. There are some shallow wells. He was not notified to expect any problems, but during December he has seen his water supply depleting until December 21 they were out of water. City Engineer Mann called him twice Christmas Eve to express his concerns. There was not a lot anyone could do. He spoke with Assistant City Engineer Gross and he could not provide any relief for them. He noticed Castle Rock Bank is hooked up to the hydrant, but his house is 950 ft. from the closest hydrant and with the cold weather it would be impossible to secure a water supply. Assistant City Engineer Gross told him to do what he had to to take care of things. The water level has dropped at least 1.5 ft. from the bottom of the pickup line and it should be 1 ft. above that. He is having a new well dug today. He asked if the City would be paying for any new wells that needed to be dug and should the bill be submitted to the City. He did file a claim with the City. He wanted more information on who was affected and what the plan is. He understood it is hard to determine who has old shallow wells. He has been out of water for two weeks and it has been difficult over the holidays. When he can his neighbor has allowed him to hook up to their outside water, but with the cold weather it has been hard to maintain it. Finance Director Roland stated Mr. Steurbaut has filed a claim with the City and at this point the League of Minnesota Cities Insurance Trust is pursuing the claim. If Mr. Steurbaut has any questions about what further actions he needs to take, he needs to continue on the path he is on and submit any further information about that claim to the City and staff will forward it to the League. At this point, staff is doing everything they can to handle this issue and it is up to the League to determine any monetary support. c<;>uncilmember Soderberg asked City Engineer Mann to forward to Mr. Steurbaut the process for de- watering. Mr. Steurbaut asked if there has been any settlement or determination with any other businesses or residents on this issue. Finance Director Roland replied his claim is the only one at this point. Mr. Steurbaut asked what is happening with Castle Rock Council Minutes (Regular) January 3, 2005 Page 3 Bank. He understood they had some well drilling companies drill down the existing sand points. This was not an option for him. City Engineer Mann will reply to Mr. Steurbaut in writing within the next two weeks and it will be placed on the next Council agenda. 7. CONSENT AGENDA MOTION by McKnight, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (12/20/04 Regular) b) Received Information Boards and Commissions Attendance - Administration c) Approved Liquor License Name Transfer - Administration d) Approved Confidentiality Agreement with Charter Communications - Administration e) Approved Fund Raising Project for Rambling River Center-Parks and Recreation f) Received Information Capital Outlay - Parks g) Approved Appointment Recommendation Police - Human Resources h) Approved LMCIT Excess Liability Coverage - Finance i) Set March 11 & 12,2005 Team Building/Goal Setting Workshop - Administration j) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve On-Sale Wine License - Administration The Ugly Mug has applied for an On-Sale Wine License and an On-Sale Intoxicating Malt Liquor License. The application and fees have been received. MOTION by Fogarty, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Pritzlaffto approve an On-Sale Wine License and On-Sale Intoxicating Malt Liquor License for The Ugly Mug. APIF, MOTION CARRIED. 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discuss Composition of Boards and Commissions - Administration At the December 6, 2004 Council Meeting, Council directed staff to review the composition of the boards and commissions. Staff presented a list of the various commissions and the number of members in each. Interviews for boards and commissions will be held on January 15,2005. No applications have been received for the Heritage Preservation Commission or the Rambling River Center Advisory Board. Staff recommended changing the composition of these boards from 7 members to 5 members. Historically, it has been difficult to fill the seats on these two boards. Councilmember Fogarty stated it seemed odd to her that there were a different number of members on each board and felt they should be consistent. She agreed the above two boards could be 5-member boards. She asked if there was any reason the HPC had to be 7 members. Staff had reviewed this issue and there was no reason. Councilmember Fogarty suggested the HRA not change the number of Council Minutes (Regular) January 3, 2005 Page 4 members, but change one of the seats to a Councilmember seat, so there would be two Councilmembers on the HRA. Both the Water Board and the HRA are autonomous boards. The Council appoints members, but then Council loses touch with them, especially the Water Board. She felt the Water Board should be 5 members with two of them being Councilmembers. The two autonomous boards should have two separate Councilmembers. Councilmember McKnight asked how long the problem has been with the HPC and the RRC to not have enough members. Administrative Services Director Shadick replied it has been ongoing. If all the HPC seats were not filled last year during interviews, her thought was to change the number of seats at that time. However, all 7 seats were filled, but 7 members were not maintained throughout the year. This year no applications were received for the HPC and there are three open seats. Councilmember McKnight agreed with Councilmember Fogarty's recommendation, especially regarding the two autonomous boards. Councilmember Wilson asked if there was a reason the Water Board has been 3 members. City Attorney Jamnik replied historically state statute provided for some of the commissions such as the Water Board and separate Park Commissions, that are autonomous, to have three members with the idea they were highly focused, one-issue commissions. As time has evolved many cities have transitioned to five. He will review the statutes regarding the number of members for the Water Board as that number is set by the state. The rest of the commissions are primarily advisory. Both the HRA and the Water Board have statutory provisions governing their composition. Councilmember Fogarty asked about changing the composition of the HRA. City Attorney Jamnik replied there is more discretion with the Economic Development Authority format than the HRA format. He will research this further. If Council's direction is to have 5 members across the board where possible, he will draft the ordinance for the next meeting. Where that is not possible, he will indicate that in the cover memo. Councilmember Wilson agreed with Councilmember Fogarty. He asked ifthere were 5 members on the HRA and there were two Councilmembers as opposed to one, would that make it a 6-member board. City Attorney Jamnik replied he would recommend 5 members to avoid having an even number of members. Councilmember Soderberg recalled in the past the HRA was three citizens and two Councilmembers. Councilmember Pritzlaff asked ifthere were enough applicants to make all the boards 5 members. Staff replied there are 12 applicants, 6 are incumbents. Most have applied for the Planning Commission and the Parks and Recreation Commission. The two incumbents for the HRA have re-applied. Councilmember Pritzlaff agreed with moving the number of members to 5, but he wanted to make sure there are enough applicants to do that. Staff stated during the interview process Council asks if applicants are willing to serve on a different board and quite often they will. Councilmember Fogarty noted the interviews are January 15 and appointments are to be made January 18. She asked if Council should postpone appointing until Council Minutes (Regular) January 3, 2005 Page 5 the composition of the boards is decided or appoint as is. City Attorney J amnik replied Council does not have to reach that decision tonight. Both items should be on the agenda. The ordinance would be processed first and then approve appointments. Community Development Director Carroll stated the HRA has been exploring its status and whether the HRA is performing the functions the City needs. There was discussion to do more economic development and marketing type work. The HRA has looked at other formats such as an Economic Development Authority, an Economic Development Commission that is separate from and reports to the Council, or a Port Authority. The City Attorney will be attending the next HRA meeting to give background information as to options. The HRA is working toward making a recommendation to Council as a group as to what format would meet the City's needs. The HRA might like an opportunity to explore that to the point where they can make a recommendation to Council. If there is a recommendation that the HRA be undone and some other organization be created to take its place, the issue of membership could be addressed at that time. If Council wishes to change the format, they can. b) Annual Organization Matters - Administration MOTION by Fogarty, second by Pritzlaff as follows: lOb(l) That Councilmember Fogarty be designated as Acting Mayor from January 4, 2005 through December 31, 2005. lOb(2) That the Farmington Independent be designated as the official publication from January 4, 2005 through December 31, 2005. lOb(3) Appoint the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 4,2005 through December 31,2005. lOb(4) Appoint the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of2005. lOb(5) That the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Dain Rauscher, Wells Fargo Investments and Salomon Smith Barney be designated as the Official Depositories from January 4, 2005 through December 31,2005. lOb(6) That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2005. lOb(7) Approve a $1,000,000 Faithful Performance bond for the City Clerk. APIF, MOTION CARRIED. Council Minutes (Regular) January 3,2005 Page 6 10b(8). ORDINANCE NO. 004-522 Establishing Fees and Charges for licenses and permits for 2005 was adopted December 20, 2004. 10b(9). Appointments to Boards and Commissions - Candidates will be interviewed January 15, 2005 and appointments will be made at the January 18, 2005 Council Meeting. 10b(10). MOTION by Wilson, second by McKnight appointing Councilmember Fogarty to the Housing and Redevelopment Authority. Voting for: Soderberg, McKnight, Pritzlaff, Wilson. Abstain: Fogarty. MOTION CARRIED. 10b(1l). MOTION by Pritzlaff, second by Fogarty, to appoint Councilmember Wilson as the primary and Councilmember McKnight as the alternate representative to the ALF Ambulance Board. Voting for: Soderberg, Fogarty, Pritzlaff. Abstain: McKnight, Wilson. MOTION CARRIED. 10b(12). MOTION by Fogarty, second by McKnight to appoint Mayor Soderberg as the City's representative to the CEEF Committee. Voting for: Fogarty, McKnight, Priztlaff, Wilson. Abstain: Soderberg. MOTION CARRIED. 10b(13). MOTION by Pritzlaff, second by Wilson acknowledging the designation of Fogarty, Councilmember, Kevin Carroll, Staff member and Todd Larson, Planning Commission member on the Farmington/Empire Planning Advisory Committee. Voting for: Soderberg, McKnight, Pritzlaff, Wilson. Abstain: Fogarty. MOTION CARRIED. 10b(14). MOTION by Soderberg, second by Pritzlaff to appoint Councilmembers Fogarty and Pritzlaff to the MUSA Review Committee. Voting for: Soderberg, McKnight, Wilson. Abstain: Fogarty, Pritzlaff. MOTION CARRIED. 10b(15). MOTION by Fogarty, second by Wilson to appoint Councilmember McKnight to the Farmington/Castle Rock Discussion Group. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Abstain: McKnight. MOTION CARRIED. 10b(16). MOTION by Pritzlaff, second by Fogarty to appoint Councilmember Wilson to the Vermillion River Joint Powers Organization. Voting for: Soderberg, Fogarty, McKnight, Pritzlaff. Abstain: Wilson. MOTION CARRIED. 10b(17). MOTION by Fogarty, second by McKnight appointing David M. Urbia as the Responsible Authority for data practices, and Brenda Wendlandt as Data Practices Act Compliance Official. APIF, MOTION CARRIED. Council Minutes (Regular) January 3, 2005 Page 7 c) Discuss Council By-laws and Policy Revisions - Administration Mayor Soderberg and City Administrator Urbia reviewed the By-laws and recommended some changes to reflect actual practice. City Attorney Jamnik recommended if Councilmembers have any changes, they should be given to Administration in advance of the January 18 Council meeting so an outline can be prepared of what those topics are. Councilmember Pritzlaff liked the change for public hearings that residents should address questions to Council rather than staff. He asked if residents have a question during Citizen Comments that would require a short answer can they be given an answer at that time. Mayor Soderberg suggested that change because this is a policy regarding public hearings. The Citizen Comment policy is that residents address Council and Council will direct questions to staff. He made this change for public hearings to make it consistent. MOTION by Fogarty, second by Pritzlaffto place the Council By-laws on the January 18, 2005 agenda. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Spruce Street Bridge Aesthetic Options- Engineering Input has been received from various groups regarding the aesthetic options for the Spruce Street bridge. At the last meeting it was indicated there was a preference for the three arches, rather than one arch. The cost for the aesthetic treatments is approximately $120,000. The budget was $132,000. Staff requested Council direction regarding the aesthetic treatments such as the color of the stone, and whether the stone treatment is included on the piers or the piers have a smooth treatment. There is also a rock treatment. Council each expressed their choice and reached a consensus for option B5, which has the darker color and smooth piers. b) Set Council W orkshop Wetland Buffers - Engineering The wetland buffer issue in Middle Creek was discussed at the last meeting. Residents have expressed concern over the amount of their lot that was taken up by wetland buffer. Staff has met with agencies to obtain options. The options could raise some questions that may need further discussion. Staff proposed a workshop to address this issue. A workshop was set for January 19, 2005 at 5:30 p.m. Interested parties will be notified. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Chamber of Commerce Coffee with the Council- Administration The Chamber would like to continue with Coffee with the Council. City Administrator Urbia provided a schedule of rotating Councilmembers for the third Thursday of each month at 7:30 a.m. at the Eagles Club. Council requested City Administrator Urbia provide them with a reminder prior to each meeting. Council Minutes (Regular) January 3, 2005 Page 8 Councilmember Fogarty: She suggested having pre-Council Meetings that would be an open meeting, but not televised. This could include citizen comments and would provide a more casual environment. This would also give staff an opportunity to update Council on items that do not need to be brought up at a Council meeting. City Attorney Jamnik replied some cities are doing this as a mini-workshop and proceed until a certain time when Council would go to the regular meeting agenda. There would be no formal action taken. Councilmember Fogarty suggested this would be preceding each Council meeting and would cover items other than what is on the agenda. City Attorney J amnik stated this would be a by-law change and the annual meeting schedule should be modified to indicate the meeting starting at 6:30 p.m. rather than 7:00 p.m. so a special notice would not be needed. Staff can bring back a proposal with what that meeting would consist of such as Council/staff discussion, modified roundtable, or mini- workshop. This could start with the first meeting in February. Councilmember Pritz/aft: He received a phone call from a resident in downtown Farmington concerned with the ice from the storm. He drove down 2nd _6th Streets and did notice it. Ash Street was clean. He spoke with City Engineer Mann who provided him with the snow plowing policy. Staff was out and did apply a salt mixture. Today, the intersections are melting. One reason they did not plow was taking the top layer off would have exposed the ice. Councilmember Wilson: He noted under the Consent Agenda was the attendance for boards and commissions. Those on the commissions give time away from their families and their work. These are ways residents serve the citizens of Farmington to make a difference. He noted those with perfect attendance - HPC - Beverly Preece and Edgar Samuelson; HRA - Mayor Soderberg, Todd Arey, Paul Hardt, and Erik Starkman; Park and Rec Commission - Randy Oswald; Planning Commission - Dirk Rotty; Water Board - Tom Jensen; Rambling River Center Advisory Board - Beverly Preece. Everyone who serves on a commission is doing this out of wanting to make Farmington a better place and this is commendable. He noted Mr. Jeff Tilden is his neighbor. When he started his campaign he would not have guessed that for every Jeff Tilden that comes to a meeting to express concerns over speeding, there are 40-50 residents that have the same concern. He would like to see Council schedule time to meet with Senator Pariseau and Representative Garofalo to address law changes in this area, along with any other issues. Putting up a speed limit sign will not deter those who want to speed. However, he felt the City should have more control ~ver this issue. Mayor Soderberg suggested having them visit at the first pre- Council Meeting. Staff will contact them. Community Development Director Carroll: He informed Councilmember Fogarty that HRA packets are distributed electronically and hand delivered. He informed Councilmember McKnight that there is a Castle Rock Discussion Group meeting on January 14, at 3:00 p.m. at City Hall. He provided an update to the GRE powerline issue. Staff is preparing a mailing list for those that would be affected by this route. The Administrative Law Judge recommended a route going around the athletic fields by the Middle School, cross the river, and go just north of EconoFoods and south ofPellicci Hardware, cross the railroad Council Minutes (Regular) January 3, 2005 Page 9 tracks, cut through the Eagles Club parking lot, and proceed northeast along the old railroad right-of way, which would bring it to the north property line of Dakota County Lumber. Staffwill be sending a notice in the next couple days to those that would be affected by this route. There will be two meetings at the EQB office in St. Paul. The first is January 11,2005 at 9:00 a.m. EQB staff members will be giving a report as to what they think is the technical feasibility of this route. Staff is hoping some residents who will be affected by this route will appear. The next meeting will be January 20,2005 at 9:00 a.m. The EQB will be making its final decision at this meeting. Police Chief Siebenaler: On behalf of staff he congratulated the new Councilmembers on their appointments and stafflooks forward to working with them. Parks and Recreation Director Distad: On January 13, 2005 there will be the second open house for the Park Master Plan. The parks to be reviewed are Middle Creek park, Vermillion Grove park, Silver Springs park, and Hill Dee park. A packet will be sent to Council and residents that will include the first draft of the Master Plan. Council should contact him with any comments. The open house will be held at the Central Maintenance Facility at 6:00 p.m. Mayor Soderberg: There will be an LMC Newly Elected Officials Conference and he encouraged the new Councilmembers to attend. Under the Consent Agenda he noted a 4-H group is doing a fund-raising project for the Rambling River Center. He expressed his appreciation for this. Parks and Recreation Director Distad stated the group will be making a presentation to Council with their marketing plan and how they will raise the funds. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:41 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7~/7?~~ Cynthia Muller Executive Assistant 76 DRAFT Farmington Parks and Recreation Advisory Commission Minutes from the Regular Meeting on December 8, 2004 Members Present: Randy Oswald, Paula Higgins, Mike Buringa and Robin Hanson Members Absent: Dawn Johnson Other's Present: Parks and Recreation Director Randy Distad. I. Call To Order Chair Oswald called the meeting to order at 6:02 p.m. in the City Hall Council Chambers. Quorum was present. II. Approval of Agenda. Hanson moved and Buringa seconded to approve the meeting agenda. APIF. Motion carried. III. Approval of Minutes. Hanson moved and Higgins seconded to approve the November 2004 meeting minutes. Members voting in favor: Higgins, Hanson and Oswald. Member abstaining: Buringa. Motion carried. IV. Presentations None V. Old Business A. Approve Agreement with Farmington Youth Hockey Association (FYHA) Director Distad informed Commission members that FYHA Board of Directors has reviewed the one revision to the Agreement related to if a new arena were constructed that the Agreement would be opened up and the concession stand lease would be reviewed for application to a new facility. Buringa moved and Oswald seconded to recommend to the City Council approval of the Agreement with FYHA. Members voting in favor: Buringa, Hanson and Oswald. Member abstaining: Higgins. Motion carried. B. Farmington Business Park Preliminary Plat Director Distad provided an update on the continuation of the public hearing by the Planning Commission on the Farmington Business Park Preliminary Plat. Based on the most recent preliminary plat submitted, Commission members felt that the trail alignment should be revised to take advantage of a future trail being constructed around the perimeter of the new storm water ponds. The construction of the ponds included a gravel base being installed along the north and east side of the ponds. Since the base work was completed as part of the project, it was felt that the developer would then only have to pay for the cost of paving a trail on top of the existing base. Commission members also had a safety concern with the trail crossing at the 12th Street and Trunk Highway 50 intersection since it was only a three way intersection and the speed limit is 55 miles per hour on that section of Trunk Highway 50. Commission members also agreed with trail connections being made through the two cul-de-sacs. Motion by Hanson and seconded by Higgins to recommend to the Planning Commission that the Farmington Business Park Preliminary Plat trail alignments be revised to show trail connections through the two cul-de-sacs, a paved trail being shown on the west side of the development and along the east side of the storm water pond, a trail being show on the north side of the business park along the storm water pond and the previously proposed trails being eliminated. APIF. Motion carried. C. Giles Construction Concept Plan Director Distad explained a revised concept plan that Parks and Recreation Department staff had been working on that would allow two (2) four-field ballfield complexes to be constructed on a larger park area than what the developer proposed on the concept plan. He further stated that two of the four fields planned for one of the ballfield complexes would have to be constructed on land that is currently not annexed into the City. However should the land be annexed into the City sometime in the future and then developed, he would recommend that the City require the developer to dedicate the land for park in this area that is identified for constructing the two remaining ball fields as part of the four-field complex. By consensus Commission members were in agreement with the revised concept plan that showed space for two (2) four-field ball complexes. D. Charleswood NE Preliminary Plat Director Distad updated the Commission members on the status of the Char1eswood NE Preliminary Plat. He informed Commission members that staff members have been trying to get the developer to show additional trails that would connect a proposed small parking lot to existing trails that lead to some of the park amenities such as the playground equipment, shelter and basketball court. He also stated that the developer has included the location of the boardwalks that were approved as part of the park master plan for Meadowview Park and a trail along Pilot Knob Road. Higgins moved and Hanson seconded that a recommendation be forwarded to the Planning Commission that the additional trails proposed by staff to connect the parking lot to existing trails and park amenities be shown on the preliminary plat. APIF. Motion carried. E. Community Center Steering Committee Meeting Update Director Distad informed the Commission members that more than 300 community center surveys have been completed and returned to the survey consultant. He reminded Commission members that 300 surveys was the minimum number needed in order for the consultant to tabulate and the survey to be considered valid should all demographic groups be sufficiently represented in the returned surveys. Director Distad stated that he would be checking with the consultant to see when the cut off date is for surveys to be returned, when the consultant will be tabulating the surveys and when the survey results might be presented to the community. He said that he will bring back this information to the January 2005 Commission meeting. F. 2005 Fees and Charges for Outdoor Fields Director Distad explained that staff were recommending that the participant fee to use the ball fields was going to be increased from $4.00 to $6.00 that each participant would pay in 2005. He also informed Commission members that City staff members have made a proposal to school district staff members about the City wanting to quit dragging school district ballfie1ds during the summer season. He stated that Department staff members have met with school district personnel to present the proposal. The proposal stated that the City would continue to drag the school district ball fields once a week during the 2005 summer season but that they are proposing as part of the transition plant to have the school district drag their fields for all tournaments in 2005. Then in 2006, the school district would take over the dragging of their ball fields during the summer season. In addition to the ballfield dragging, it was also discussed about each entity scheduling and issuing permits only for their own fields. Commission member Hanson expressed concern about the participant fee going from $3.00 to $6.00 over a two year period in effect doubling the fee in two years. Director Distad stated that the participant fee does not cover the entire cost to maintain and prep the fields for play. He estimated that it costs the City about $20.00 per field to drag each time. Since all members of the Commission have children who participate in youth sports, Commission members did not vote for any recommendation to either support or oppose the increase in the participant fee from $4.00 to $6.00. VI. New Business A. Park Master Planning Review Director Distad informed Commission members that there was good attendance at the first public open house for master planning Middle Creek, Vermillion Grove, Silver Springs and Hill Dee Parks. He also stated that there were several comments received via emai1 and regular mail. Staff attempted a new format in trying to receive comments for initial input on the park master plans by including a questionnaire in the packet that was mailed to residents that allowed the questionnaire to be mailed back or dropped off at City Hall if a resident was not able to attend the meeting in person. The announcement about the public open house and the questionnaire were also posted to the City's web site for the public to access, download and email their comments to staff. He stated that Commission member Johnson attended the public open house along with several newly elected council members and current council member Christy Fogarty. He stated that the initial input received will be used by the consultants to develop the first draft of the park master plans for the four parks and will be presented to the community on January 13, 2005, when the second public open house will be held. He informed Commission members that staff will be meeting in the next week with the consultants to review the comments and ideas received from the first public open house and help assist with creating the first draft of the park master plans. B. 2004 PRAC Goals Reviewed Commission members reviewed goals that they set and achieved in 2004. C. 2005 Goal Setting Chair Oswald asked for ideas on goals that the Commission would like to identify and work towards achieving in 2005. Commission member Hanson stated that she had thought of several goals that she would like to see the Commission work towards achieving in 2005 and they were as follows: 1. Analyze and determine outdoor recreational facility needs. 2. Analyze and determine future opportunities and direction for the Farmington Outdoor Pool. 3. Explore and determine possible dedicated funding sources for parks and trails other than through park dedication money that flows into the Park Improvement Fund. 4. Research and develop a policy on utilizing volunteer labor for outdoor fields. Director Distad stated that along with these goals that were identified at the meeting, he will also include on a list other possible goals that Department staff would be interested in having the Commission members consider when they set 2005 goals. He said that he will mail a list of potential 2005 goals within the next several weeks so that Commission members have time to review and prioritize all of the potential goals. VII. Additions to the Agenda (None) VIII. Staff Report Director Distad presented information about a recent phone call that he received from SportsCom a company that is exploring interest in the region about constructing a super rink in Lakeville. Apparently the Lakeville School District is investigating whether or not if there is a need to build a larger rink facility in the south metro area and has asked this company to do some investigation with surrounding communities about their interest. Director Distad made Commission members aware of drawings for the future Spruce Street bridge that will span the Vermillion River as part of the commercial development that will be constructed just to the west and north of the bridge. IX. January 2005 Meeting Agenda Topics 1. Set 2005 goals 2. Review first draft of the park master plans 3. Community center survey update 4. Updates on pending preliminary plats X Adjournment Higgins moved and Hanson seconded to adjourn the meeting, APIF. Motion carried. Meeting was adjourned at 8:12 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 7~ TO: Mayor and Councilmembers FROM: David M. Urbia City Administrator SUBJECT: Approve Consultant Proposal- Council/Management Retreat DATE: January 18,2005 INTRODUCTION Attached is a proposal for the goal setting session with Council and the management team. DISCUSSION A goal setting session was set at the January 3,2005 Council Meeting for Friday, March 11, 2005 from 5:00 p.m. to 10:00 p.m. and Saturday, March 12,2005 from 8:00 a.m. to 4:30 p.m. in the Conference Room at the Central Maintenance Facility. Attached is a proposal from Mr. Don Salverda which includes the cost and an agenda. BUDGET IMPACT The cost for the retreat is $2,600 plus any additional expenses and travel expenses at $.40/mile. ACTION REQUESTED Approve the attached proposal from Mr. Don Salverda for the Council Goal Setting Session to be held March 11 and 12,2005. Respectfully submitted, '\'~h' ,-~~fJ;?7, ~~. ct-...-) David M. Urbia City Administrator CITY OF FARMINGTON COUNCIL AND DEPARTMENT HEADS 2005 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT PRIMARY OBJECTIVES 1) To review proaress being made by the city 2) To enhance communication and develop renewed team spirit among the participants 3) To discuss chanaes that are likely to impact the city 4) To develop updated consensus on issues and opportunities facing the city (1-3 year perspective) 5) To develop an updated aoals proaram for the city (1-3 year perspective) 6) To develop preliminarv action plans for the highest priority goals 7) To review the roles. responsibilities. and expectations of the city's leadership team 8) To be both educational and eniovable 9) Other II FORMAT OF THE RETREAT The sessions will include a mixture of lecturettes, group participation and discussion, and individual activities. Seatina Arranaements: Tables (preferably round) seating five participants per table Audio-visual Needs: One large, standing, metal-backed easel and writing pad (facilitator will provide) III TIMING AND LOCATION Timinq: March 11th and 12th, 2005 Location: To be determined IV PARTICIPANT MATERIALS Each participant will receive a comprehensive outline, related supplemental materials and an Executive Summary of the Retreat V THE CONSULTANT/FACILITATOR _ Over twenty-five years experience in the professional development field _ Skilled seminar, workshop, and retreat leader _ Leadership experience in the private, public, and volunteer sectors - Student of leadership VI INVESTMENT Post-Retreat Report Writing $ 500 $1,600 $ 500 Pre-Retreat Planning and Preparation On-Site Retreat Plus any additional expenses incurred with the engagement such as duplicating of handout materials, any learning instruments used, easel pad, travel expenses @ $.40/mile, etc, CITY OF FARMINGTON COUNCIL AND DEPARTMENT HEADS 2005 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT 5:00 - 5:30 5:30 - 5:35 5:35 - 7:00 7:00- 7:15 7:15 - 8:45 8:45 - 9:00 9:00 - 9:45 9:45 - 10:00 Tentative Aaenda- Fridav Evenina (Council members and the City Administrator) GROUP MEAL (pizza or box lunches) OPENING REMARKS - MAYOR AND CITY ADMINISTRATOR SESSION 1 - "WORKING AS A TEAM - THE CHALLENGES OF PUBLIC SECTOR LEADERSHIP" Focus . Objectives and expectations for the retreat . Communication exercise . Review of progress . Key elements of leadership BREAK SESSION 2 - "WORKING AS A TEAM - PROVIDING DIRECTION" Focus . Changes that are likely to impact the city . Consensus on issues and opportunities . Developing an updated city goals program BREAK SESSION 3 - "WORKING AS A TEAM - BUILDING POSITIVE WORKING RELATIONSHIPS" Focus . Importance of mutual respect and trust . Elements of effective teams . Understanding work behavior styles . Building on strengths CLOSING COMMENTS CITY OF FARMINGTON COUNCIL AND DEPARTMENT HEADS 2005 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT 8:00 - 8:30 8:30 - 10:00 10:00 - 10:15 10:15 - 12:00 12:00 - 1 :00 1 :00 - 2:30 2:30 - 2:45 2:45 - 4:15 4:15- 4:30 Tentative Aaenda- Saturday (Council and Department Heads) COFFEE AND DONUTS - INFORMAL VISITING SESSION 4: "WORKING AS A TEAM - ACTION PLANNING" Focus . Review of the Friday evening session . Preliminary action planning for the highest priority city goals . Review and discussion of preliminary plans BREAK SESSION 5: "DEPARTMENT HEAD BRIEFINGS ON DEPARTMENT- LEVEL ISSUES AND GOALS Focus . . Each department head to make a 20-30 minute presentation describing the highest priority issues facing the department and the department's highest priority goals . Council members and staff reaction to the goals, making recommendations and asking key questions LUNCH SESSION 6: "CONTINUATION OF DEPARTMENT HEAD BRIEFINGS ON DEPARTMENT-LEVEL ISSUES AND GOALS BREAK SESSION 7: "WORKING AS A TEAM - CLARIFYING ROLES, RESPONSIBILITIES, AND EXPECTATIONS Focus -.-- . Knowing and fulfilling roles and responsibilities . Council expectations of staff - staff expectations of council SUMMARY AND WRAP-UP COMMENTS . Importance of follow-through . Making a positive impact lJ CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas 1. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel 1. Jamnik Andrea McDowell Poehler Matthew K. Brokl * *Also licensed in Wisconsin (651) 452-5000 Fax (651) 452-5550 John F. Kelly Soren M. Mattick Marguerite M. McCarron Gina M. Brandt Brendan J. Flaherty Author's Direct Dial: (651) 234-6219 E-mail Address:jjamnik@ck-Iaw.com To: Mayor, Councilmembers, City Administrator ~ Joel Jamnik From: Subject: Reapportionment of Levied Assessment Due to Lot Split-Charleswood Development Date: January 18,2005 INTRODUCTION At the end of December, City staff was asked to approve a minor subdivision ofland for property located at the Southwest Quadrant of Pilot Knob Road and 19Sth Street. The minor subdivision realigned ownership among the joint owners in order to facilitate the conveyance and subsequent platting of one parcel by Centex Homes as the Charleswood 9th Development and retention ofthe other parcel as unplatted (metes and bounds description). That unplatted parcel is the commercially zoned area immediately adjacent to the Southwest comer of the intersection. Because the original parcel was encumbered by a previously levied assessment for the Pilot Knob road improvement project, the lot split could not be approved by staff unless the owners provided either full payment of the levied assessment or had the levied assessment reassessment/reapportionment approved by the City Council. After consulting with City staff, the owners agreed to a proposed reapportionment. While one of the owners agreed to immediately pay that amount in advance of the pending final plat application and has already tendered payment to the City, the owner of the smaller, commercially zoned parcel at the intersection would prefer not to pay the assessment until a future date when the land is platted or develops. That landowner is requesting that the City reapportion/reassess the previous assessment in the amount of $20522.30 against the parcel and has provided a letter waiving any appeal rights. STATUTORY PROVISION Minnesota Statutes ~429.071, Supplemental assessments; reassessment. Subd. 3. Reapportionment upon land division. When a tract ofland against which a special assessment has been levied is thereafter divided or subdivided by plat or otherwise, the Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 council may, on application of the owner of any part of the tract or on its own motion equitably apportion among the various lots or parcels in the tract all the installments of the assessment against the tract remaining unpaid and not then due if it determines that such apportionment will not materially impair collection of the unpaid balance of the original assessment against the tract. BUDGET IMPACT Negligible or none. The assessment amount for the larger tract has been paid in full. The remaining amount of the assessment ($20522.30) is proposed to be reapportioned/assessed against a commercially zoned parcel of land that is just less than 5 acres in size and located at the intersection of Pilot Knob and 195th Street. ACTION REQUESTED Approve the attached resolution reapportioning the previously levied assessment. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 RESOLUTION No. R- Approving the Reapportionment of Assessments Upon Land Division 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 January, 2005 at 7:00 p,m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, Minnesota Statutes S 429.071, Subd. 3 provides that when a tract ofland against which a special assessment has been levied is thereafter divided or subdivided by plat or otherwise, the council may, on application of the owner of any part of the tract or on its own motion equitably apportion among the various lots or parcels in the tract all the installments of the assessment against the tract remaining unpaid and not then due if it determines that such apportionment will not materially impair collection of the unpaid balance of the original assessment against the tract, and; WHEREAS, the City of Farmington has received a written request for reapportionment from the owner ofland recently approved for land division, legally described below, and; WHEREAS, the City Council has evaluated the requested reapportionment and determined that such action will not materially impair collection of the original assessment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington hereby approves the landowners request for reapportionment of the original assessment and waiver of any appeal rights, and hereby reassesses the amount of twenty thousand five hundred twenty-two and 30/100 dollars ($20522.30) against the following described parcel, said assessment to be deferred under the same terms and conditions of the original assessment until platting or development of the parcel. That part of Outlot B, CHARLESWOOD, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the northeast comer of said Outlot B; thence South 89 degrees 37 minutes 55 seconds West, assumed bearing, along the north line of said Outlot B, a distance of 15,00 feet to the point of beginning; thence South 00 degrees 13 minutes 31 seconds East, a distance of 609.56 feet; thence westerly, along a non-tangential curve, concave to the north, having a radius of 199.44 feet, a central angle of 44 degrees 41 minutes 16 seconds, and an arc length of 155.55 feet, the chord of said curve bears North 67 degrees 52 minutes 53 seconds West; thence North 45 degrees 32 minutes 15 seconds West, tangent to said curve, a distance of392.28 feet; thence northwesterly, along a tangential curve, concave to the northeast, having a radius of220,OO feet and a central angle of 45 degrees 10 minutes 10 seconds, having an arc distance of 173.44 feet; thence North 00 degrees 22 minutes 05 seconds West, tangent to said curve, a distance of 118.98 feet to said north line of Outlot B; thence North 89 degrees 37 minutes 55 seconds East, along said north line of Outlot B, a distance of 484.73 feet to the point of beginning. This resolution adopted by recorded vote of the Farmington City Council in open session on the 18th day of January, 2005. Mayor Attested to the day of 2005. City Administrator SEAL Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 SENT BY:GENSTAR MIDWEST ;12-29- 4 ;12:46PM GENSTAR MIDWE~T~ 651 463 1611:# 3/ 3 _.....,...... ...._::.:...., ." &.0 ,~.~ A ~tR.A. the ~str. ventures J.m.~ It. :lllled Pru/de"' . cro 70 SD~(n Mlln Street PIOvldenCt. IU 02KJ3 phDnr: 401331.&652: F;tl(; jO'.~31.665" JMSlfd4Il&stllott:ftlUlb.IJS "'.......,.~...---~...-.-...--------------- --.-.- ----.-, T.. A IIrI .....,.,... IIlc. i! Ii! Thin! ..v....... Nur'" ~n; "'_'po~..jollN))'" Jtpota: "2,U'.GIlS kc n~.U'.SI2' December 23. 2004 Kevin Carroll City of Farmington 325 Oak St Farmington. MN 44024 1Iod__ Pon..... L r.c III III Lost treet Iou_.v",," 5_ ,,, "\Ill'.. Ill' 7'14' pl...-'. 'I t.n7."I"t ...., 51l.317.~1I21 R.E: Administrative Lot Split for Outlot B, CharJeswood Dear Mr. Carroll~ The S~ Trust is currently the land owner for Outlot B. Charles wood. located on the southwest comer of Pilot Knob Road and 195111 St. This site has been under preliminary plat review for a CCl1tex project' called {',harleswood Northeast. . As per the purchase agreement with Centexl we arc in 8. posWon to close on this property by yeareod. A lot split is necessary to process this closing prior to recording a final plat. It is my understanding that deferred assessments fi"Om activjties associated along Pilot Knob Road are still pre.qent I recognize that splitting this lot will require prorating the assessment accordingly with the new parcel areas. Since this assessment was levied many years ago and the total assessment amount does not cbang~ I agree 1.0 waive rights to app.eal this assessment. Assessments will be paid when development con1rBcts are executed with the City of Fannington for each parcel, therefore, maintaining the defcrt1.ld s.tatus. until the time of site development. Thanks for your R&.qistance to process Ihis request. Please call if you have questions. Sincerely, ~~ Jim Seed LlUldowllcr cc: Krista Flenuning 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator ~ FROM: Jennifer Collova, Natural Resource Specialist ~ SUBJECT: Public Hearing for 2004 NPDES Phase II Permit DATE: January 18,2005 INTRODUCTION The City of Farmington is required through its National Pollutant Discharge Elimination System (NPDES) Phase II Permit to hold a public hearing discussing the Storm Water Pollution Prevention Plan (SWPPP). This hearing will fulfill a Best Management Practice in the City's SWPPP. DISCUSSION To comply with our NPDES Permit the Public Works Department would like to hold the public hearing in order to receive public comments on the City's SWPPP and Annual Report. Per the requirements of the permit, and Annual Report has been prepared and will be submitted to the Minnesota Pollution Control Agency (MPCA). The Annual Report includes the following information: . A summary of storm water structure inspections performed. . Status of the City's compliance with permit conditions based on the original permit and the Storm Water Pollution Prevention Plan (SWPPP). . The City's progress toward achieving the Measurable Goals. . Notice of reliance on other entities. The Annual Report is due at the MPCA on March 10,2005. BUDGET IMPACT None at this time. ACTION REOUESTED Approve scheduling the required public hearing for the February 22,2005 City Council meeting. Jenmfer Collova Natural Resource Specialist City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7f TO: Mayor, COWlcilmembers, City Administrator W FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Approve Change Order - Southeast Trunk: Utility and Pond Project DATE: January 18, 2005 INTRODUCTION Forwarded herewith is Change Order # 3 for the Southeast Trunk Utility and Pond Project for Council's consideration. DISCUSSION During the construction of the referenced project, several adjacent property owners indicated a desire to have soil correction work done on their properties in order to create future building pads. These included Happy Harry's Furniture, Auto Body Excellence and Castle Rock Bank. Part of the pond was constructed on property that Castle Rock Bank: is conveying to the City. It was the Banks desire that material from the pond in the area of their property be used to accomplish the soils corrections and pad construction. That work has been completed and the costs have come in below the original estimates. BUDGET IMPACT The total cost for Change Order #3 is $ 24,668.62. As per the previous agreements, the work for Happy Harry's and Auto Body Excellence will be paid for by those property owners. The work for the Bank will be part of the settlement for the acquisition of their land for the pond in this project and will be funded as a project cost for property acquisition. ACTION REQUESTED Approve by motion Change Order #3 for the Southeast Area Trunk Utility and Pond Improvements in the amount of$ 24,668.62. Respectfully Submitted, ~m~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file ~=.'--=----:=:;--'--:~ ~ Bonestroo -=- Rosene 'I\lI Anderlik & Contractor: Barbarossa & Sons Inc., 11000 93rd Ave. N., Osseo, MN 55369 . \J. Associates Engineers & Architects Bond Com an : St. Paul Fire & Marine Ins. Co. Date Janua 11,2005 Bond No: JY9027 CHANGE ORDER NO. 3 SOUTHEAST AREA TRUNK UTILITY AND POND IMPROVEMENTS BRA FILE NO. 141-03-204 Description of Work Part A: Happy Harry's Furniture: Part A of this Change Order provides for the preparation of a future building pad for the Happy Harry's Furniture property. Part B: Castle Rock Bank: Part B of this Change Order provides for the preparation of a future building pad for the Castle Rock Bank property. Part C: Auto Body Excellence: Part C of this Change Order provides for the preparation of a future building pad for the Auto Body Excellence property. No. Contract Item Unit Quantity CHANGE ORDER NO.3, PART A - HAPPy HARRY'S FURNITURE BUILDING PAD PREPARATION LS I TOTAL CHANGE ORDER NO.3, PART A - HAPPY HARRY'S FURNITURE Unit Price Total Amount $15,576.50 $15,576.50 $15,576.50 2 CHANGE ORDER NO.3, PART B - CASTLE ROCK BANK BUILDING PAD PREPARATION LS TOTAL CHANGE ORDER NO.3, PART B - CASTLE ROCK BANK $8,169.81 $8,169.81 $8,169.81 3 CHANGE ORDER NO.3, PART C - AUTO BODY EXCELLENCE BUILDING PAD PREPARATION LS 1 TOTAL CHANGE ORDER NO.3, PART C - AUTO BODY EXCELLENCE $922.31 $922.31 $922.31 TOTAL CHANGE ORDER NO.3, PART A - HAPPy HARRY'S FURNITURE TOTAL CHANGE ORDER NO.3, PART B - CASTLE ROCK BANK TOTAL CHANGE ORDER NO.3, PART C - AUTO BODY EXCELLENCE . Total CHANGE ORDER NO.3: $15,576.50 $8,169.81 $922.31 $24,668.62 14103204CH03.xls Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $1,301,149.55 $118,565.48 $24,668.62 $1,444,383.65 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for [mal Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for [mal Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. /~ Date: l/II/O'5" . , Approved by Contractor: BARBAROSSA & SONS INC. Approved by Owner: CITY OF FARMINGTON ~ht~ Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 14103204CH03.xls City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7h TO: k;r/ Mayor, Councilmembers, and City Administrator ~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Acknowledge Resignation - Community Development DATE: January 18,2005 INTRODUCTION The City has received notification from Mr. Jim Atkinson of his resignation from his position as Assistant City Planner in the Community Development Department. DISCUSSION Mr. Atkinson has been employed full-time with the City since November 12, 2002. His resignation is effective February 4, 2005. The City has appreciated his commitment to the organization and wishes him well in his future endeavors. ACTION REQUESTED Acknowledge the resignation of Mr. Jim Atkinson effective Friday, February 4, 2005. Respectfully Submitted, /'! .. , .~,4"'-\ .:,..4 ~/? .A'~/1-//" ..J r."'. / u '"L-c'_/~_ . v~./i...f.IL. U4(,/L-L.... 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.d.farmington.mn.us 7/ I TO: Mayor, Councilmembers and City Administrator i FROM: Ken Kuchera, Fire Chief SUBJECT: Appointment Recommendation - Fire Department DATE: January 18, 2005 . INTRODUCTION The Fire Department New Member Committee completed the process of selection for six new members. DISCUSSION The selection process consisted of verbal interviews, written examination and physical agility evaluation. Presently, with the honored request to increase the compliment by six members in 2005, the Fire Department is six members short of the total compliment of 44. The six new selected members for Council consideration and approval are: Jeffery AIm 19394 Elk Ridge Trail Farmington Christopher Benjamin 20529 Camden Court Farmington Christopher Matek 912 Westgail Court Farmington Eric Peterson 19904 English Court Farmington Daniel Puelston 24655 Essex Avenue Farmington Zachary Rademacher 20090 Chesterfield Way Farmington The above applicants have successfully completed all steps ofthe selection process. All six applicants are scheduled to begin Firefighter I training on January 24,2005 in Lakeville. ACTION REQUESTED Approve the appointment recommendation for the above members effective January 18, 2005. Respectfully submitted, /~ 5 ucAf~ Ken Kuchera Fire Chief <::--> cc: Brenda Wendlandt City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7' ~ TO: Mayor, Councilmembers, City Administrator ~l FROM: Lisa Shadick, Administrative Services Director SUBJECT: Temporary On-Sale Liquor License - Chamber of Commerce DATE: January 18, 2005 INTRODUCTION The Farmington Area Chamber of Commerce is requesting a Temporary on-sale Liquor License for a Gala Dinner, to be held February 5,2005. DISCUSSION This event will be held at the St. Michael's Church Social Hall located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then forwarded to the State for approval. BUDGET IMPACT A City fee has not been established for a Temporary On-Sale Liquor License. In discussion with the Liquor Control Commission, staffwas informed that the State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. ACTION REQUESTED Approve the attached application for a Temporary Liquor License for The Farmington Area Chamber of Commerce, for their Gala Dinner, February 5,2005. Respectfully submitted, (~.. "/ . . (,r1. . ~.f c/~.. / " . ?-j _.:z:r/1 { V' Lisa Shadick Administrative Services Director City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us 7l TO: Mayor, Councilmembers and City Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Capital Outlay - Arena DATE: January 18, 2005 . INTRODUCTION The 2005 Capital Outlay budget provides funding for the purchase of a new ice edger and skate sharpener. DISCUSSION Staff has solicited quotes to purchase a battery powered ice edgerfor the ice arena. The edger is used to reduce buildup of ridges of ice along the boards at the arena. Becker Arena Products of Bumsville, Minnesota submitted the low quote in the amount of $4,200.00 for a new Olympia Battery Powered Ice Edger. The battery powered ice edger will replace an existing 15 year-old gasoline powered ice edger. The existing gasoline powered ice edger emits carbon monoxide when staff edges the ice. Staff identified the purchase of a battery powered ice edger as a means of eliminating carbon monoxide emissions when edging the ice. Staffhas solicited quotes to purchase a new skate sharpener. The new skate sharpener is automated and only requires a staff person to properly place the skates on the track of the machine and the machine does the work of passing the skates over the sharpening wheel. Cag One, Inc. of White Plains, New York submitted the low quote in the amount of $5,000.00. BUDGET IMPACT The approved 2005 Capital Outlay Fund budget identified the cost of a new ice edger at $4,473.00. The submitted quote is $273.00 under the budgeted aIp.ount. The approved 2005 Capital Outlay Fund budget identified the cost of a new skate sha.rpener at $5,325.00. The submitted quote is $325.00 under the budgeted amount. ACTION REQUESTED This memo is for informational purposes only. R..ee.s so ectfullY. su ffil)bmitte.d ~~- 'n' t , J;k 'andy D stad . Parks and Recreation Director cc: Dwight Bjerke 7n-, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: byU Mayor, Council Members, ~~ City Administrator FROM: Lee Smick, AICP City Planner SUBJECT: Adopt Resolution - Mattson Farm Final Plat & Wetland Conservation Act Permit DATE: January 18, 2005 INTRODUCTION M. P. Investments is seeking a recommendation for approval of the Mattson Farm Final Plat and the Wetland Conservation Act Permit. The plat consists of five (5) lots and three outlots on approximately 5.09 acres of land located east of Akin Road and northeast of Eaves Way (see Exhibit A). DISCUSSION Planning Commission Meeting - January 11, 2005 The Planning Commission recommended approval of the Mattson Farm Final Plat and Wetland Conservation Act Permit with contingencies that are discussed below in this memo. Recent Approvals Through a policy approved by the City Council on November 3, 2003, MUSA may be granted to a parcel less than 5-acres in size administratively. Therefore, the Mattson Farm property has been extended MUSA. The Planning Commission approved the Preliminary Plat for Mattson Farm on September 28, 2004 and the City Council approved the Preliminary Plat on November 1,2004 with conditions. Existing Conditions The property is zoned R-l Single-Family Residential and the Comprehensive Plan denotes low density residential. Agricultural land exists to the east, Akin Road to the west, and single-family residential exists to the north, south and west of the proposed development. The plat also shows an encroachment of a shed on the southerly property line of the site and further investigation needs to be performed to determine if a drain field for the property south of the Mattson Farms plat encroaches into the plat. The property increases in elevation from south to north, however, a substantial drop off exists in the central portion of the site and drops offby approximately 27 feet to the east. A utilize wetland exists on the east side of the property. A trail exists along the western side of the property along Akin Road. Plat Layout As shown on the attached plat, the Developer is proposing to create five (5) lots on the western portion of the property. The remaining portion of the property to the east and north is platted into three outlots as described below. The front yard setbacks are proposed at a minimum of 20 feet and the lot sizes are proposed at a minimum of 10,000 square feet, meeting the R-1 zoning district requirements. Lot Sizes The Developer proposes 5 single-family lots. The R-1 zoning district requires a minimum lot size of 10,000 square feet and a 75-foot lot width. The Developer has met these requirements with the following lot sizes and widths: Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Outlot A Outlot B Outlot C Transportation Lot Size 16,188 square feet 13,173 square feet 13,581 square feet 15,826 square feet 14,795 square feet Lot Width 100 feet 76 feet 86 feet 79 feet 100 feet Lot Size 82,111 square feet 17,593 square feet 4,898 square feet Description Wetland Storm Water Pond Right-of-way for future 203rd Street The Developer proposes a 204-foot long cul-de-sac adjacent to the easterly right-of-way of Akin Road. The three lots on the north side of the property will access the radius of the cul-de-sac, while the southerly two lots will access the remainder of the roadway. The cul-de-sac will line up with Eaves Way to the west, creating a full intersection. Housing Types The five lots are proposed for full basement construction with walk-outs. The projected sale prices will start at approximately $400,000. Shed and Drain Field Issues The shed and drain field issues continue to be unresolved at this time. As was the case when the preliminary plat was approved, a shed owned by the property owner to the south (Ken Gerdts, 20380 Akin Road) is partially located on the Mattson Farm property (see Exhibit B) and needs to be removed and/or relocated from the Mattson Farm property. The shed currently exists within a soon-to-be acquired City outlot. The City will not accept conveyance of title to this outlot without proof that the transferor (M.P. Investments) has good title without any encumbrances upon the outlot. The Developer (M. P. Investments) and Mr. Gerdts are currently working to resolve the issue. City staff has been informed that Mr. Gerdts may intend to remove the northerly portion of his shed only to the property line shared with Mattson Farm, in order to remedy the encroachment upon the Mattson Farm property. However, the property owned by Mr. Gerdts is zoned R-l, which requires a minimum side yard setback of 6 feet. If Mr. Gerdts intends to remove only the portion (two to four feet) of the building that is on the Mattson Farm property, Mr. Gerdts will be required to apply for a variance from the side yard setback requirements. City staff and the City Attorney believe that the best course of action would be for Mr. Gerdts to remove enough of the northern portion of the shed to (a) eliminate the encroachment onto the Mattson Farm property and (b) keep the remainder of the shed out of the six-foot side yard setback. This would eliminate the need to seek a variance (the granting of which would certainly not be guaranteed), and it would also help ensure that the shed would not be adversely affected by excavating and grading on the Mattson Farm property (which is expected to be done right up to the property line). In addition to the outstanding shed issue, a septic drain field that serves the property to the south (Gerdts) appears to encroach upon the Mattson Farm property (see Exhibit B). Staff has observed that piping from the drain field is located to the west of the shed previously discussed (see Exhibit C). A survey of the existing drain field needs to be performed in order to verify its location. The drain field needs to be located 10 feet from the property line as per Minnesota Statute 7080 in Figure D-4 (see Exhibit D). City staff and the City Attorney believe that the best course of action would be for Mr. Gerdts to move the septic system drain field far enough to the south to (a) eliminate any existing encroachment onto the Mattson Farm property and (b) keep the entire drain field at least 10 feet away from the property line, as required by law. There appears to be more than enough room to the south ofthe existing drain field and to the north of the Gerdts' driveway to accomplish such a relocation. City Attorney Joel Jamnik has advised staff that final plat approval should be contingent upon the removal or relocation of the shed and drain field and that the City should not sign the final plat until the issues are resolved. Wetland Conservation Permit The Developer has submitted its Wetland Conservation Act Permit application. John Smyth, the City's Wetland Specialist, has recommended that the City approve the Wetland Conservation Act Permit (see Exhibit E). Potential Alignment of 203rd Street The Developer and the City have reached an agreement to allow for the potential right-of-way of 203rd Street along the northerly border of the Mattson Farm Final Plat. The Developer has included right-of-way on the plat for future 203rd Street in Outlot C. On November 1, 2004, the City Council approved an amendment to the Thoroughfare Plan that showed 203rd Street at Akin Road continuing to the east in the future. The plan showed the potential roadway swinging to the northeast, just north of the Mattson Farm plat (see Exhibit F). Upon further research, staff determined that a better location of the continuation of 203rd Street to the east would be to align it to the southeast, which would eliminate the need to remove two homes and traverse a Manage 1 wetland as was proposed on the approved Thoroughfare Plan. The southeast alignment would require right-of-way from the Mattson Farm property (see Exhibit G), therefore, the Developer and the City reached an afeement to allow for the potential right-of-way in Outlot C and in Outlot A, securing the 203r Street right-of-way in the future. Engineering Review The Engineering Division has provided comments to the Developer's Engineer concerning minor revisions to the plat, and the plat approval is contingent upon meeting those requirements. ACTION REQUESTED Adopt the resolution for the Mattson Farm Final Plat and the Wetland Conservation Act Permit contingent upon the following: 1. The shed encroachment upon Outlot B of the Final Plat must be remedied in a manner acceptable to the City Attorney. 2. The septic drain field encroachment upon Outlot B of the Final Plat must be remedied in a manner acceptable to the City Attorney. 3. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. ~:?OO, Lee Smick, AICP City Planner cc: M. P. Investments, 4889 192nd Street Ken Gerdts, 20380 Akin Road RESOLUTION NO. APPROVING FINAL PLAT AND WETLAND CONSERVATION ACT PERMIT MATTSON FARM 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 January, 2005 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the final plat of Mattson Farm is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on the lOth day of August, 2004 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 City Council reviewed the final plat and Wetland Conservation Act Permit; and WHEREAS, the City Council approved the Wetland Conservation Act Permit upon recommendation of the Wetland Conservation Action Technical Evaluation Panel, 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 with the following stipulations: 1. 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Chapter 7080 requires that the bottom area of seepage beds be 50% greater than present sizing standards, to allow for the fact that there is very little sidewall with a seepage bed, and low oxygen transfer. Drainfield rock must be used in seepage beds. Seepage beds are only allowed in locations where the slope is less than 6%. Seepage beds may not be used where soils have percolation rates slower than 60 mpi or in floodplains.* *7080.0170,2A Pressure distribution must be used for all seepage beds where the soil percolation rate is 0.1 to 5 mpi or where the soil has a medium sand texture or coarser. ** If pressure distribution is used, the bed may be sized equal to trenches. *** **7080.0150, 3A3 ***7080.0170, 57 Separation Distances Figure D-4 shows the separation distances of the soil treatment unit with respect to water supply wells, bodies of water (defined under the Shoreland Management Act), buildings and trees. Trenches may be installed in and around trees but not so close that extensive root pruning takes place that will injure the trees. Tree roots will not penetrate into dry trench rock, however roots will grow around a trench rock that is filled with liquid. The tree roots will grow to the rock/ soil interface to take liquid and nutrients. 'Whenever trees are present or likely to be present, such as on a residential lot, it is recommended that 12 inches of rock be placed under the distribution pipe in the trench. Figure 0-4: Location of Soil Treatment System Item Minimum Setback Water supply well with less than 50 feet of casing and not encountering 100 feet 10 feet of impervious material Any water supply well or buried water suction pipe 50 feet Building 20 feet Stream, lake, or other body of water (Shoreland Management Act) 50, 75. 150 feet ck Property line or any buried pipe distributing water under pressure 1 0 feet EXIt/Drr ~ Memo .11. Bonestroo ..... Rosene G Ander'ik& 1 \J 1 Associates Engineers & Architects Project Name: Mattson Farm Client: City of Farmington To: Lee Smick File No: 141-04-217 From: John Smyth Date: 11/2104 Re: Recommendation of Approval of Wetland Conservation Act Permit Remarks: Proiect Summary MP Investments of Farmington, Minnesota is proposing a single-family residential development on an approximately 5-acre parcel in the City of Farmington. The project includes development of 5 single-family lots, a cul-de-sac, and a stormwater detention pond. The site is located east of Akin Road, north of Eaves Way, and south of203rd Street with an unnamed property boundary to the east. The site consisted of a farmstead adjacent to a wooded slope and wetland at the northeast comer. Proposed Wetland Impacts The applicant proposes to fill 7,413 square feet ofa wetland to facilitate the development. The applicant consultant indicates the proposed impacts are within a drained Type 1 wetland dominated by reed canary grass and box elder to allow for proper grading to facilitate the construction of two of the five house pads. Proposed Wetland Replacement Mitigation for the proposed impact will be accomplished through the purchase of 7,413 square feet of New Wetland Credit and 2,357 square feet of Public Value Credit from a certified wetland bank:. The remaining 5,056 sq. ft. of Public Value Credit will be derived from the on-site stormwater pond. Recommendation The Wetland Permit Application was sent out for review and comments were received until October 5th. The main issues that the applicant has subsequently addressed included signing the application and provided a purchase agreement for the wetland banking credits. The proposed impacts are within a wetland classified as "Utilized" by the City's Classification system, which indicates it, is a lower quality basin. In addition the impacts proposed are less then 10,000 square feet. Taking into consideration the small amount of impact and the wetland classification it is recommended that the permit application for the Mattson Farm be approved Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com o St. Paul Office: 2335 West Highway 36 SI. Paul, MN 55113 Phone: 651-636-4600 Fax: 651-636-1311 o Milwaukee Office: 1516 West Mequon Road Mequon, WI 53092 Phone: 262-241-4466 Fax: 262-241-4901 o Rochester Office: 112 7'h Street NE Rochester, MN 55906 Phone: 507-282-2100 Fax: 507-282-3100 o Willmar Office: 205 5th Street SW Willmar, MN 56201 Phone: 320-214-9557 Fax: 320-214-9458 o St. Cloud Office: 3721 23'" Street S SI. Cloud, MN 56301 Phone: 320-251-4553 Fax: 320-251-6252 o Grayslake Office: 888 East Belvidere Road Grayslake, IL 60030 Phone: 847-548-6774 Fax: 847-548-6979 ~ ~ " -==d-~ l ~(\ -- .co t: ~ ..... lo..- .8 u QJ -- -- lo..- Q ~ ( \ \:) co Q 0::: c:: ,...... eXlIlgr/ 6- ~ .., ... . lJ ...... ..1~. -fi?o~Si;p . ..,.:. ..... '., ::',' ......1 \ ,\ :A-~n ~~r' . . ..' . 'I?'\) '. ".' -. , .' .:.... . \. . ':" . ".:.":.: ,"", " , '. ", . . .. ...... :'" .'; ". ~.:_.:,."'....~~., .. sr ' . ' ,-~r' Mil ., ." '... .... . " ,. . ..'....: ..::'.:",: ~::: '~':' .'" I '. .:' '. . -. -'. :, ,,' "" . '.-.: .. :.. . . ;. '. ..- ~ '\ ' ' . 1 , . '. , . .' ..L..' .. . ..~ \ "" / ~":~':"""" .\:::, .,.;': '.' 7'-:. ';.1 ... . '. '-'-. . \ / 717 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: Kevin Carroll, Community Development Director SUBJECT: Joint Resolution for the Annexation of the Property Located at 3291 - 213th Street (Cumpston Residence, Currently Located in Empire Township) DATE: January 18, 2005 INTRODUCTION The owners of the property located at 3291 - 213th Street, Jeffrey and Jaime Cumpston, have petitioned for annexation in order to be connected to City services. Their property, which is located in Empire Township, has a septic system that recently failed. DISCUSSION Jeffrey and Jaime Cumpston are the owners of a home located at 3291 - 213th Street. They live almost directly across the street from the Trinity Care Center. The Cumpston residence is located in Empire Township, despite the fact that it is completely surrounded by properties that are within the Farmington city limits (see attached map). The prior owner of the home, Norman Marcell, decided not to petition for annexation when the owners of nearby homes became annexed and connected to City services. The Cumpston home has a private well and an on-site septic system. The septic system was recently determined to be non-compliant and/or failing. The Cumpstons decided that they would rather connect to City services than repair or replace their septic system. The City typically does not provide such services to properties located outside of the City limits, so the Cumpstons prepared and submitted a Petition for Annexation (attached). A copy ofthe Petition was faxed to the Clerk of Empire Township, Kathleen Krippner, on November 29,2004. At that time, Ms. Krippner was informed that the Cumpstons might want to connect to City services as early as November 30, for health reasons and in the interest of completing the required work before the weather turns colder. Ms. Krippner kindly agreed to contact the Chair of the Empire Township Board of Supervisors (Mr. Terry Holmes) to determine if he would have any objection to proceeding with the utility connection prior to the finalization of the annexation proceeding. Ms. Krippner left a voicemail message for me on the morning of November 30, indicating that Mr. Holmes had no objection. At its meeting on December 6, 2004, the City Council authorized City staff and the City Attorney to prepare a draft of a joint annexation resolution involving the property in question. A proposed resolution was subsequently drafted and provided to the Empire Town Board for its review. The Board approved the Resolution, which was then signed by the Chair and the Clerk of the Town Board and returned to the City. A copy ofthe partially-executed Resolution is attached. City staff is requesting that the Council authorize the Mayor and the City Administrator to sign the Resolution and forward it to the State Office of Boundary Adjustments for final approval. RECOMMENDATION Motion to authorize the Mayor and the City Administrator to sign the Joint Resolution and forward it to the tate Of of Boundary Adjustments for final approval. cc: Jeffrey and Jaime Cumpston Kathleen Krippner, Empire Township Clerk TOWN OF EMPIRE CITY OF FARMINGTON IN THE MATTER OF THE JOINT RESOLUTION OF THE TOWN OF EMPIRE AND THE CITY OF FARMINGTON, DESIGNATING AN UNINCORPORATED AREA AS IN NEED OF ORDERLY ANNEXATION AND CONFERRING JURISDICTION OVER SAID AREA TO THE DEPARTMENT OF ADMINISTRATION, BOUNDARY ADJUSTMENT OFFICE, PURSUANT TO M.S. ~414.0325 JOINT RESOLUTION WHEREAS, Jeffrey A. Cumpston and Jaime L. Cumpston are the sole owners of property currently located in Empire Township with an address at 3291 213 th Street, and; WHEREAS, the City has previously extended city water and sewer services in the area as part of recent urban-type developments, and has caused 213 th to be improved to city standards, and has annexed other properties abutting 213th Street and in the area pursuant to other joint resolutions for orderly annexation with the Township, and WHEREAS, the Cumpston's have petitioned the City for sewer, water, and other urban services and for annexation to the City and have agreed to be assessed for connecting to city sewer and water service, and; WHEREAS, the City of Farmington is willing and able to provide the requested urban services and; WHEREAS, other properties surrounding the Cumpston's have previously been made a part of the City; NOW, THEREFORE, the Township of Empire and the City of Farmington jointly agree to the following: 1. The Township and City hereby establish an Orderly Annexation Area ("OM") as authorized by Minnesota Statute ~414.0325, Subdivision 1, as shown on the attached 115649 Exhibit B and legally described on Exhibit A, and have determined that the area of the property involved in this annexation is approximately one-third of an acre (15,440 square feet), is currently improved with one single-family dwelling and that the population of the area is currently two. 2. That the purpose of the annexation of the property involved in this annexation is to transfer jurisdiction over the property in order to provide urban services including but not limited to sewer, water, refuse collection, police and fire protection from the City of Farmington. 3. That in order to accomplish this purpose, the property owned by the Cumpstons with an address of3291 213th Street should be immediately annexed to and made part of the City of Farmington. 4. Upon approval by the respective governing bodies of the City and the Township, this joint resolution and agreement shall confer jurisdiction upon the Director of the Office of Strategic and Long-range Planning (or his or her successor designee responsible for administering Minnesota Statutes Chapter 414) so as to immediately annex the lands described in the attached Exhibit A in accordance with the terms of this joint resolution and agreement without need for any subsequent resolution(s) of the parties. 5. The City and the Township mutually state that no alteration by the director to the OAA boundaries, as illustrated on Exhibit B and described in Exhibit A, is appropriate or permitted. 6. The City and Township agree that upon annexation all planning, official controls, and governmental services for the annexed area shall become the responsibility of the City, and that the provisions of Minn. Stat. 99414.035 and 414.036 authorizing differential taxation and municipal reimbursement for the annexed property will not be applied in this proceeding. 7. The City and the Township mutually state that the annexation of the property will not result in any change of electrical service and will not require joint planning since upon final approval of this joint resolution and issuance of the annexation order by the Director the property will immediately be fully subject to the official controls and other ordinances of the City of Farmington, including all land use controls. Further, that differential taxation under M.S. 9414.035, or reimbursement under M.S. 9414.036 is not required. 8. Having designated the area illustrated on Exhibit B and described in Exhibit A as in need of orderly annexation, and having provided for all of the conditions of its annexation within this document, the parties to this agreement 115649 agree that no consideration by the director is necessary. The director may review and comment but shall within thirty (30) days order the annexation in accordance with the terms of this Resolution. Approved and Ad~~d i this 4- day of ~, 20# Approved and Adopted this _ day of , 2005. TOWNO~ &..:::/ By:--7~4 ..~ / Its Thwn Board Chair AND~~~ Its Town Board Clerk CITY OF FARMINGTON BY: Its Mayor AND Its City Administrator 115649 . EXHIBIT A Legal description of property subject to immediate annexation: That part of the Northwest Quarter of the Northwest Quarter (NW ~ ofNW~) described as commencing at the Southwest comer thereof; thence East along the South line of the said Northwest Quarter of the Northwest Quarter (NW ~ ofNW ~) One Thousand Sixty-one (1061) feet to the point of beginning; thence deflecting to the left Ninety degrees Fifty-seven minutes One Hundred Ninety- three fee (90 degrees 57 minutes 193 feet); thence deflecting to the right Ninety degrees Fifty-seven minutes Eighty feet (90 degrees 57 minutes 80 feet); thence deflecting to the right Eighty-nine degrees Three minutes One Hundred Ninety- three feet (89 degrees 03 minutes 193 feet) to the South line of the said Northwest Quarter of the Northwest Quarter (NW l/4 ofNW ~); thence West along the said South line Eighty (80) feet to the point of beginning in Section Thirty-two (32), Township One Hundred Fourteen (114), Range Nineteen (19), according to the Government Survey thereof. 115649 . IJ [[[[] OJ OJ]] - - CD - - .... ~ ~ ~ 12th Street ~ Q) Q) I- ~ lJ) .I: ~ M M N 5 a. -- ..c. 0> (/) C c E ~ '- 0 co l- ll.. -- ~ o '5.. ~ E (3 w D~ ..... Q.1 af o co o V o o v 70 City of Farmington 325 Oak Street. Farmineton. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarmington.mn.us FROM: '1\> V Mayor, Council Members, City Administrator ~ Ken Lewis Building Official TO: SUBJECT: Fourth Quarter 2004 and Year-End New Construction Report and Population Estimate DATE: January 18,2005 INTRODUCTION The following report summarizes the new construction permits issued during the fourth quarter of 2004, the year-end building permit totals, and the year-end population estimate. DISCUSSION Fourth Quarter Building Permit Information: During the fourth quarter of the 2004 building construction season (October 151 through December 3151), the City issued 12 new single-family detached housing permits and 20 new multi-family permits, for a total of 32 new 4th_quarter housing permits. Construction valuation for the single-family and multi-family homes totaled $2,133,500 and $2,489,800, respectively. The average building valuation of the single-family homes during the fourth quarter of 2004 was $177,792, down from $198,785 during the third quarter. The average building valuation of the townhome units during the fourth quarter of 2004 was $124,490, down from $157,755 during the third quarter. (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 Building Permit Information: The year-end figures reflected 113 new single-family units and 112 new multi-family units for a total of225 new building permits issued. The 225 new residential permits resulted in a total new residential building valuation of $36,416,920. Of that year-end total, the valuation for new single-family home construction was $22,348,800, for an average valuation of $197,777 per single-family unit. The valuation for new townhouse construction was $14,068,120, for an average valuation of $125,608 per townhouse unit. As noted above, these valuation averages do not represent the average sale price or average market value of the homes in question, since they do not include the value of the lot or any amenities added to the home that are not part of the building code formula Year-End Population Estimate: At the beginning of 2003, City staff decided that each quarterly building permit report should also include an updated population estimate for the City of Farmington. After discussing several methods of calculating population, a decision was made to base our population estimates on Certificates of Occupancy rather than upon building permits. Building permit activity is not a "real time" reflection of actual population, given the "lag time" between the issuance of the permit and the actual occupancy of the dwelling unit (i.e., the time required to construct, market and sell the home). Accordingly, staff started with the City population as of April 1, 2000 (as determined by the U.s. Census Bureau) and then determined the number of Certificates of Occupancy [C.O.s] issued by the City since that date. The number of C.O.s was multiplied by 2.95, which was (according to the 2000 Census) the average number of occupants per Farmington dwelling unit. The resulting calculations are as follows: 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 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 Decem ber 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 ACTION REQUIRED This item is informational in nature. 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Iii (5 -= l- e V (j)-g"E:58 .....N("')VN,,- g o N City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOa- ' TO: Mayor, Councilmembers and City Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Rambling River Center Chair Fundraising Marketing Plan DATE: January 18, 2005 . INTRODUCTION The Dakota Dreamcatcher 4-H Club (the Club) has expressed an interest in raising funds necessary to purchase new chairs at the Rambling River Center (RRC) so that all of the existing chairs can be replaced. DISCUSSION At the January 3,2005 City Council meeting, support was given to the Club for their fundraising project. If you remember, City staff had planned on budgeting over a three year period the replacement of the existing chairs at the RRC due to their age and condition. The Club found out about the need to replace the existing chairs and approached both City staff and the Rambling River Center Advisory Board (Advisory Board) about raising funds to purchase all of the new chairs at one time. The Club will be raising the money and purchasing the chairs. Once the chairs are purchased, they will be donated to the Rambling River Center. Parks and Recreation . Department staff and Advisory Board members have worked with the Club to select a commercial quality chair for the RRC that will be durable, comfortable and attractive. The Club will be purchasing the chairs from Happy Harry's of Farmington, Minnesota and will.cost $60.00 each. After support was given by the City Council to allow the Club to move forward with their fundraising efforts, Club members began to put together a marketlng plan on how to raise the funds needed to purchase the chairs. On Monday, January 10, 2005, a preview of the Club's marketing plan was given to the Advisory Board. Advisory Board members were immediately impressed by the marketing plan that Club members had put together. Tonight at your meeting the Club would like to take few minutes to make a formal presentation on the marketing plan to the City Council and viewing public. Staff thinks that the City Council will be impressed by what you hear and see. BUDGET IMPACT The Club will be responsible for all fund raising activities and will be responsible for keeping the money raised from the various activities that will be used to purchase commercial quality chairs. The City is not obligated to match any money that is raised by the Club. ACTION REQUESTED No action is requested. The presentation of the marketing plan for the RRC chair fundraising by the Club is for informational purposes only. ~tAY iJ;;]J ~Distad, Parks and Recreation Director cc: Patti Norman Missie Kohlbeck Satellite Fire Station Design Submittal City of Farmington January 18, 2005 -. D\MlNI DD OOOK\DDGOVER,DHG 5, \GI-FARMING TON\04217O\D STEA 0 V1V2005 0 M;34;38 () KEH Commission No. 042170 City of Farminaton Satellite Fire Station Wold Architects and Enaineers January 18, 2005 Introduction Wold Architects and Engineers is pleased to submit to the City of Farmington the Design Submittal for the New Farmington Fire Station. We wish to thank the Fire Department, City Administration, and Staff for their exhaustive efforts in providing the Design Team the information necessary to advance to this stage of development in a timely fush~n. ' ' The Design Team will commence the next phase of this project upon approval by the City Council. Thank you for your consideration of this design presentation. Joh Architects and Engineers .~) Commission No. 042170 City of Farminaton Satellite Fire Station Wold Architects and Enaineers January 18, 2005 Table Of Contents Paae Program 1 Site Plan 2 Floor Plan 3 Mezzanine 4 Elevations 5-6 Cost Summary 7 Project Schedule 8 '~,; Commission No. 042170 City of Farmington Wold Architects and Engineers Satellite Fire Station January 18, 2005 Program Summary Schematic Planning Design Administration Office 150 SF 125 SF Open Office 200 SF 145 SF Radio Room 150 SF 130 SF Conference Room IFire Marshall 120 SF 125 SF Subtotal Administration 620 SF 525 SF Staff Spaces Meeting Room/Training/Dayroom 480 SF 638 SF Kitchen 150 SF 103 SF Subtotal Staff Spaces 630 SF 741 SF AlF SleepinQ Rooms Bedrooms 152 SF 152 SF Toilet! Shower 78 SF 78 SF Commons 90 SF 194 SF 320 SF 424 SF Vehicle Bavs & Support Apparatus Bays (3 Bays) 5,100 SF 5,100 SF Compl Tool 280 SF 380 SF Hose Tower 150 SF 178 SF Gear Racks 115 SF 120 SF Subtotal Vehicle 5,645 SF 5,778 SF Building Subtotal Net to Gross Factor (Circulation and Mechanical) Total Gross Square Footage 7,215 SF 1.3 * 9,380 SF 7,468 SF 1.27 ** 9,515 SF * Includes upper mezzanine of 400 SF. ** Includes upper mezzanine of 1,400 SF. Page 1 Commission No. 042170 ITY OF F ARMINGTON SATELLITE FIR E STATION II ~... ./"'T",~ / .....;.......... (.../~ ,."', ' " . ..../~:::. I }02DI! ~ t) .' 'I I y (j) Q) -= (f) .c - .... ~I --.--------- MuniciPS\ Dri\le ---.------------- --------- Pilot Knob Road ---~=-::.::;::"~-=':.=.-..- __.__=_~:=;;:r --- - -:Jr-' __ J ----- N~ E3)PROPOSED FIRE STATION SITE ~ 00' 5,',G]-FARM lNGTON\042170\5D\5 RCHITECT SAND E Page 2 Wo E E R S 5TEA () V1212 005 0 Q,l914t <> KEH \----- CITY OF FARMINGTON I SATELLITE FIRE STATION ,.... -",", ] [ Old Tanker Grass Pickup ] [ Engine [- ---I Pickup ~ Gear Rack Rescue Truck ] L ALF Hose Tower 178 s.l. Training Area I I UUUUUUUU 638s.l. I I UUUUUUUU I I UUUUUUUU N ED PROPOSED FIRE STATION PLAN ~ o 4' 10' 20' Page 3 WOLD ARCHITECTS AND ENGINEERS 5TEA <> Vl2/2005 <> 9,15.31 <> KEf< 5, \G1 -FARMING T0N\042t70\5D\5D eooK\PLANDI"6 CITY OF FARMINGTON SATELLITE FIRE STATION 1- -= -I ] L -= C--] -l L l ~l Storage 1005s.1, '", ~i F = = "'- I L / I Future I Radio II Storage II 120 s.1. I Utility Room 120 s.1. Mech Room 225 s.1. N ED MEZZANINE FLOOR PLAN ~ o 4' 10' 20' Page 4 WOLD ARCHITECTS AND ENGINEERS 5TEA (> V12/2005 0 (jd5147 (> KEf-! 5,\GJ-fARMJNGT0N\042170\5D\50 BQOK\PLAN2.o1'iG CITY OF FARMINGTON SATELLITE FIRE STATION West Facing Elevation D D D D D D South Facing Elevation ED PROPOSED FIRE STATION ELEVATIONS ~ Page 5 0 4' 10' 20' 5, IC.I-FARMlNG T0N\04217015 WOLD ARCHITECTS AND ENGINEERS , ~ CITY OF FARMINGTON , SATELLITE FIRE STATION East Facing Elevation D D *'c'tic I ---. -- D- i D- , 0- D North Facing Elevation EDPROPOSED FIRE STATION ELEVATIONS ~ Page 6 0 4' 10' 20' S; IGI-FARMING TQN\042170\SO WOLD ARCHITECTS AND ENGINEERS , City of Farmington Satellite Fire Station Wold Architects and Engineers January 18, 2005 Cost Summary Construction Costs (9,500 SF BuildinQ) Cost! SF Site Development $ 3.50 1st Landscaping $ 3.25 1st Building Construction $ 74.50 1st Drilled Pier Foundation $ 26.50 1st Mechanical $ 25.00 1st Electrical $ 10.00 1st Estimating Contingency (5%) $ 7.25 1st Total Construction Cost $ 150.00 Isf , Proiect Costs (9,500 SF BuildinQ) Budget $ 33,250 $ 30,875 $ 707,750 $ 251,750 $ 237,500 $ 95,000 $ 67,875 $ 1,424,000 Variance (Under Budget) $ 85,000 $ 6,000 $ 10,000 $ 8,000 $ 6,000 $ 12,000 $ 375;000 $ 5,000 $ 8,000 $ 25,000 $ 140,000 $ 680,000 $ 2,104,000 $ 2,176,540 $ (72,540) Architectural Fees Architectural Reimb. Bid Set Printing Geotechnical Survey Special Testing Furniture, Fixtures and Equipment Move Cost Builders Risk Insurance Bonding Project Contingencies Total Project Costs Total Project Cost Approved Project Budget Page 7 Commission No. 042170 City of Farminaton Satellite Fire Station Project Schedule IlU~LDI Design I Const. Bidding I Award Const. Additions Const. Renovations Occupancy 2004 Wold Architects and Enaineers January 18, 2005 2005 2006 J F M A M J J A SON D J F M A M J J A SON D J F M A M J J Page 8 Commission No. 042170 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /O~ TO: Mayor, Councilmembers and City Administrator~ Randy Distad, Parks and Recreation Director FROM: RE: Setting Date for Public Presentation of the Community Center Survey Results DATE: January 18, 2005 BACKGROUND The City hired Ballard King and Associates (BKA) in 2004 to complete a Community Center Feasibility Study (Feasibility Study). DISCUSSION The contract with BKA identified completing a community center survey by the public as part of the Feasibility Study. BKA subcontracts out the community center survey work. BKA uses a professional consulting firm named ETC Institute to complete the survey work. This company is based in Olathe, Kansas. ETC Institute has a division named Leisure Vision that worked with BKA, City staff and the Community Center Steering Committee members (Steering Committee) to create a community center survey instrument. I have attached Exhibit A, which is a copy of the final survey instrument. During an early phone conversation with staff, it was communicated to the BKA and Leisure Vision consultants about the importance of only City of Farmington residents being surveyed. The consultants agreed with this request. Steering Committee and City staff members reviewed the survey instrument a number of times. During the final review of the survey instrument by the Steering Committee, a question that asked about City of Farmington residency was deleted. The Steering Committee felt that since the City was assured by Leisure Vision and BKA that only City of Farmington residents would be surveyed, then the question about City of Farmington residency did not need to be on the survey. " Leisure Vision then used an address list from the U.S. Post Office and mailed the surveys out. It was then that several phone calls were received by staff from people who lived outside the City of Farmington boundary who informed staff that they had received a survey. These people were instructed by staff to write on top ofthe survey that they were not a City resident and then send the survey back to the consultant in the included self addressed stamped envelope. Staff then contacted BKA and Leisure Vision about some of the surveys being mailed to people who were not a City of Farmington resident. Leisure Vision stated that it acquires mailing lists from the U.S. Post Office that does not differentiate between City of Farmington residents and non-residents. Leisure Vision stated that it uses a residency question on the survey to determine a whether a resident or non-resident responded. Since the question about residency was taken off the final survey that was mailed, there was no way for Leisure Vision to go back and track resident and non-resident responses. Staffwas informed by Leisure Vision that the question about non-residency and residency was the only way to separate the responses and guarantee that only resident responses were included in final survey tabulations. Staffwas also informed that the City could have purchased for an additional $1,500.00 a coding feature known as geo-coding. Using a geo-coding system means that a mailing address is placed directly on the survey and then when returned allows the address information to be interfaced with the Geographic Information System (GIS) so that responses can be mapped and then determined whether they were returned from a resident or a non-resident. This would have provided the opportunity to determine whether the returned survey was from a resident or non-resident. Staff does not ever recall being informed by the consultants ofthis option. While the original intent of the community center survey was to ask City of Farmington residents how they felt not only about a community center and indoor facilities but also how they felt about certain outdoor facilities, the survey ended up being mailed by Leisure Vision to non-residents as well. Since there is no way to separate resident from non-resident responses, it would initially appear that a big mistake was made. However in reviewing the purpose of the survey, which was to ask the community how they felt about a community center being built in Farmington, it appears that it makes some sense in extending the survey to a larger community or those who live outside the City boundaries who will ultimately in the end be part of the user group that accesses and uses a community center. The funding of the community center feasibility study came from the liquor store profits that are transferred into the City's Park Improvement Fund. Funding did not come from the City's General Fund where resident property tax dollars are used. Staff believes that there is some benefit in getting input from potential users who currently do not reside in the City of Farmington. The consultant believes (based on their considerable experience) that while some surveys were mailed to non-residents, it is unlikely that the number of surveys returned by non-residents would likely create a bias or skew the results of the survey. They also informed staff that surveying residents and non-residents is actually quite common for communities to do when researching a community center. Surveys returned by non-residents, reflects responses from a pool of people who live near a community and could be potential future users of a community center. BKA has also completed a market and demographic study that not only included the school district boundaries but also included some of the smaller communities and rural areas to the south and east of the school district boundary. BKA would be presenting the results ofthe market and demographic studies at the same time that a public presentation occurred on the community center survey results. Staff has been in contact with BKA and Leisure Vision about the issue of surveys being sent and possibly returned by non-residents. BKA and Leisure Vision have suggested an option for the City to consider: Leisure Vision could mail out an additional 750 surveys to random samplings of households. The random sampling would be of households that are different from the first survey mailing. These surveys would be printed on a different color paper from the first survey. The question on residency would be re-added to this survey in order to separate out resident and non-resident responses. Leisure Vision is asking the City of Farmington to pay $ 750.00 to cover the cost of this additional survey for outbound postage, in-bound postage and printing. Leisure Vision would cover all of the costs associated with data entry, data base development, etc. The City could also purchase the option of geo-coding the surveys at a cost of $1,000.00. The results from both the first and second mailings would be separate and the City could compare the results from both surveys. If this were done, Leisure Vision believes that given the return rate from the first survey it could mean that between 200-250 additional surveys could be added to the 589 returned surveys from the first mailing making it possible that more than 800 total returned surveys could be tabulated that identify how people feel about a community center and outdoor facilities. If the City Council wishes to consider the option offered by the consultant to mail out an additional survey at the above identified cost, staff would need to contact the consultant to make them aware of this so that they can begin mailing out a second survey. The consultant would also need to reschedule the presentation and this would have to be coordinated with when the final tabulation had been completed for the new survey. Based on the date that final survey tabulation was completed, a new presentation date would need to be set. The first survey took about 6 weeks to be mailed, completed, returned and tabulated. I wanted to also inform you that the survey had several encouraging and/or successful results. 1. 1,600 surveys were mailed. Ofthe total mailed, about 30 were returned as undeliverable. 589 surveys have been completed and returned to Leisure Vision as of January 3,2005. According to Leisure Vision, this is a very high return rate of37.5%. Normally they see a return rate of between 15-17%, which typically results in Leisure Vision needing to make a follow up phone call to have more surveys returned. 2. Leisure Vision agreed to allow the survey to contain several additional questions about outdoor facilities at no additional cost. These additional questions caused the survey to go from five (5) pages to six and one-third (6~) pages. Normally Leisure Vision charges $1,200 per additional page beyond the five pages due to a change in the postal rate. Given the additional length ofthe survey, the City should have been charged $1,600.00 for the additional 1 ~ pages. 3. Leisure Vision agreed at no additional cost to tabulate all returned surveys over a guaranteed amount of 300 surveys. 300 returned surveys is typically the minimum number needed to create a statistically valid survey. 589 completed and returned surveys means that almost double the amount needed to have a statistically valid survey have been received by Leisure Vision. The additional 289 surveys tabulated have been done at no extra cost to the City 4. Early tabulation of the returned surveys, as reported by the consultant, has shown some interesting information. . 47% of the respondents said they would use it at least once a week. 23% said that they would use a community center at least a few times a month. 10% said they would never use it. . More than 70% felt that fees should cover either 100% or a majority of the costs to operate the community center. . 50% of the respondents would be willing to pay between $3.00-$5.00 more per month in property taxes to fund the construction of a new community center. . 83.5% ofthe respondents have visited a City of Farmington park during the past year. This is a higher than normal percentage. Consultants report that the average across the country is 72%. BUDGET IMPACT If the City Council is interested in mailing an additional survey, the cost to the City would be $750.00. If the City Council wants to use geo-coding with this new survey mailing, it can be purchased for an additional $1,000.00. If the City Council does not wish to do a second survey mailing and wants to continue forward with the current mailed survey, there would be no additional costs to the City. ACTION REQUESTED Staff is requesting that the City Council, by motion, set the date of Wednesday, February 2,2005 for the public presentation of the community center survey results by BKA. Staff is making this request based on an extraordinarily higher than normal survey return rate. ResPeclfu]!YWitle. d ~~ .' - F<tVVl Randy Di tad Parks and Recreation Director cc: Community Center Steering Committee members Park and Recreation Advisory Commission members EiY\00~+ Pr The City of Farmington would like your input to help determine the feasibility of constructing a new INDOOR community center to serve citizen needs and other improvements to the parks and recreation system. This survey will take approximately 10 minutes to complete. When you are fmished, please return your survey in the enclosed postage-paid, return-reply envelope. We greatly appreciate your time. 1. Counting yourself, how many people live in your household? 2. How many persons in your household (counting yourself) are? Under 5 years _ 20 - 24 years _ 5 - 9 years 25 - 34 years 10 - 14 years 35 - 44 years _ 15 - 19 years 45 - 54 years _ 55-64 years _ 65+ years _ 3. Are you or other members of your household currently using any INDOOR recreation, sports, fitness, ice-skating, meeting space and aquatic facilities? _(1) Yes (Please answer Questions #3a and #3b) _(2) No (Please go to Question #4) 3a. From the following list, please check ALL of the INDOOR recreation, sports, fitness, ice-skating, meeting space and aquatic facilities that you and members of your household currently use. _(01) Farmington Ice Arena _ (06) Recreation programs in schools _(02) Churches _ (07) Facilities in other communities _(03) University/Colleges _ (08) Rambling River Center _(04) YMCA _ (09) Other: _(05) Private fitness clubs 3b. Which ONE of the following statements best represents how the INDOOR recreation, sports, fitness, ice-skating, meeting space and aquatic facilities that you are currently using meet your needs? _(1) Meet all of your needs _(2) Meet some of your needs _(3) Do not meet any of your needs 4. New community center programming spaces can be designed to serve different groups. For each of the following groups, please indicate whether you think it is "very important", "somewhat important" or "not important" for a community center to serve the group. Very Somewhat Not Don't Group Important Important Important Know (A) Senior adults (ages 65 and over) ................ 1..................... 2 ..................... 3 ....................9 (B) Adults (ages 25-64 years) .......................... 1..................... 2 ..................... 3 .................... 9 (C) Families...................................................... 1 ..................... 2..................... 3 .................... 9 (D) Teenagers ................................................... 1.....................2.....................3....................9 (E) Young Adults (18-24) ................................ 1.....................2..................... 3....................9 (F) Grade school age children.......................... 1..................... 2 ..................... 3 ....................9 (G) Preschool age children............................... 1 ..................... 2 ..................... 3 .................... 9 @Leisure Vision/ETC Institute for the City of Farmington - November 2004 Page 1 5. Listed below are potential features that could be incorporated into the design of a new community center. For each one, please indicate approximately how often you and members of your household would use each of these features. Seldom Less than At Least Afew times Several times or Never Once/Month Once/Month Per Month Per Week (A) Multipurpose courts for basketball, volleyball, etc.. 1 ............. 2................. 3.................. 4.................5 (B) Space for teens.......................................................... 1 ............. 2................. 3.................. 4.. ............... 5 (C) Multipurpose space (with kitchen) for classes, meetings, receptions, and birthday parties ............... 1 ............. 2................. 3.................. 4.................5 (D ) Aerobics/fitness/dance space.................................... 1 ............. 2................. 3.......... ........ 4................. 5 (E) Arts and crafts rooms................................................ 1 ............. 2................. 3.................. 4.................5 (F) Space for senior adults.............................................l............. 2................. 3.................. 4.................5 (G) Weight room/cardiovascular equipment area .......... 1 ............. 2................. 3.................. 4.................5 (H) Ice rink for ice hockey .............................................1............. 2................. 3.................. 4................. 5 (I) Ice rink for figure skating........................................ I ............. 2................. 3............. ..... 4................. 5 (J) Indoor swimming/aquatics center ............................1.............2................. 3.................. 4................. 5 (K) Indoor running/walking track .................................. 1 ............. 2................. 3.................. 4................. 5 (L) Preschool program space with indoor playground... 1 .............2................. 3.................. 4.................5 (M) Indoor playground area for children ........................1............. 2................. 3.................. 4................. 5 (N) Indoor stage/performing arts.................................... I ............. 2................. 3.................. 4................. 5 (0) Rock climbing wall.................................................. 1 ............. 2................. 3.................. 4................. 5 (P) Indoor skateboard park and inline skating track......l............. 2................. 3.................. 4.................5 (Q) Indoor golf driving range .........................................1............. 2................. 3.................. 4................. 5 (R) Indoor turf field to support indoor field activities (e.g. soccer, field hockey, lacrosse, football, baseball, softball, etc.) ............................................. 1 ............. 2................. 3.................. 4................. 5 (S) Space for gymnastics. .............................................. 1 ............. 2................. 3.................. 4.................5 (T) Racquetbal1/handbal1/wallyball courts..................... I ............. 2................. 3.................. 4................. 5 (U) Batting cages............................................................ 1 ............. 2................. 3.................. 4.... ............. 5 (V) Other: ..........1.............2................. 3.................. 4................. 5 6. Which THREE of the community center features listed above would you and members of your household be MOST LIKELY to USE if it was included in the new community center? [Please write the letters in the space below for your 1st, 2nd, and 3rd choices by using the letters from the list in Question #5 above.] 1st preference 2nd preference 3rd preference @Leisure VisionlETC Institute for the City of Farmington - November 2004 Page 2 7. Listed below are potential aauatic features that could be incorporated into the design of a new community center. For each one, please indicate approximately how often you and members of your household would use each of the features. Seldom Less than At Least A few times Several times or Never Once/Month Once/Month Per Month Per Week (A) Area for swim lessons ......................................... 1.................2.................3..................4................5 (B) A warm water family oriented swimming center (leisure pool) with features such as slides, water sprays for children and zero depth entry so you can walk into the pool.................................. 1................. 2................. 3..................4................ 5 (C) Warm water area for therapeutic purposes .......... 1................. 2.................3..................4 ................ 5 (D) 25-yard competition pool.................................... 1.................2................. 3..................4................ 5 (E) An area with deep water...................................... 1................. 2 .................3 ..................4 .... ............ 5 (F) Diving boards/Diving well.................................. 1.................2.................3..................4 ................5 (G) Hot tub area......................................................... 1.................2 ................. 3 ..................4 ................ 5 (H) Lanes for swimming............................................ 1.................2................. 3 .................. 4................ 5 (I) Dry sauna and steam room.................................. 1.................2................. 3 .................. 4 ................ 5 (J) A lazy river that allows you to float on a raft or other floatation device through a pool of slowly moving water........................................... 1................. 2 ................. 3 ....... ........... 4 ................ 5 (K) Wave pool........................................................... 1.................2.................3 ..................4 ................ 5 (L) Other: ............. 1.................2.................3 ..................4 ................ 5 8. Which THREE of the aquatic features listed above would you and members of your household be MOST LIKELY to USE if they were included in a new community center? [Please write the letters in the space below for your 1 st, 2nd, and 3rd choices by using the letters from the list in Question #7 above.] 1st preference 2nd preference 3rd preference 9. Listed below are some purposes for which you and members of your household would use an indoor aquatic facility in the community center. Please indicate which TWO ofthese purposes best describe the reasons you or members of your household would use an indoor aquatic facility. _(1) for instructional classes _ (4) exercise _(2) competition _ (5) therapeutic purposes _(3) year round recreation or leisure activities ~Leisure VisionlETC Institute for the City of Farmington - November 2004 Page 3 10. If the City of Farmington builds a new community center and it has the recreation and aquatic features you prefer, which ONE of the following statements represents how often you or other members of your household would visit the center? _(1) several times per week _ (4) monthly _(2) once per week _ (5) less than once a month _(3) a few times a month _ (6) never 11. If the City of Farmington builds a new community center that has the recreation and aquatic features that are most important to your household, please check for each option listed below the MAXIMUM fees you and members of your household would be willing to pay. A) How much would you be willing to PAY PER VISIT for an ADULT to use the center? _ (1) $8 or more per visit _ (3) $4-$5 per visit _ (2) $6-$7 per visit _ (4) $3 or less per visit B) How much would you be willing to PAY PER VISIT for a CHILD to use the center? _ (1) $5 or more per visit _ (3) $3 per visit _ (2) $4 per visit _ (4) $2 or less per visit C) How much would you be willing to pay for an ANNUAL MEMBERSIDP for an ADULT to use the center? _ (1) $550 or more per year _ (2) $400-$549 per year _ (3) $250-$399 per year _ (4) Less than $250 per year D) How much would you be willing to pay for an ANNUAL MEMBERSIDP for a CIDLD to use the center? _ (1) $200 or more per year _ (2) $150-$199 per year _ (3) $100-$149 per year _ (4) Less than $100 per year E) How much would you be willing to pay for an ANNUAL MEMBERSIDP for a FAMILY to use the center? [Please skip to question #12 if there is only one person in your household.) _ (1) $700 or more per year _ (3) $300-$499 per year _ (2) $500-$699 per year _ (4) Less than $300 per year 12. Which ONE of the following statements best represents how you feel the cost for operatin2 a new community center should be paid for? _(1) 100% through taxes _(2) Taxes should pay the majority of costs and fees from users the remaining costs _(3) Fees from users should pay the majority of costs and taxes the remaining costs _(4) 100% through fees _(5) Don't know @Leisure VisionlETC Institute for the City of Farmington - November 2004 Page 4 13. What is the MAXIMUM distance you would be willing to travel to use a new community center if it had the recreation and aquatic features you and members of your household most prefer? _ (1) more than 5 miles _ (4) less than 2 miles _ (2) 4 - 5 miles _ (5) None, would not use community center _ (3) 2 - 3 miles 14. If the City of Farmington were to build a new community center with the recreation and aquatic features that you and members of your household most prefer, what is the maximum amount you would be willing to pay per month in additional property taxes to fund the construction of the new community center? _ (1) $18 or more per month _ (2) $15-$17 per month _ (3) $12-$14 per month _ (4) $9-$11 per month _ (5) $6-$8 per month _ (6) $3-$5 per month _ (7) $3 or less per month _ (8) No property tax funding 15. The City of Farmington may be interested in exploring potential partnerships on the construction and/or operation of a community center. For each of the following potential partnerships, please circle the number below that identifies how important the partnership is to you for the City of Farmington to explore. Very Somewhat Important Important Neutral Not Important Don't Know (A) Government (county, state, federal)...............................I...............2 ..............3................4............... 9 (B) Post-Secondary Education (college, vocational) ............ I ...............2 ... ...........3 ................ 4............... 9 (C) Public Educational (Farmington School District) ..........1...............2 ..............3................4............... 9 (D) Non-Profit (YMCA, fairgrounds, hospital) ....................1 ............... 2.............. 3................4............... 9 (E) For-Profit (health club, motel)........................................ I ...............2..............3................4...............9 16. Compared to other issues in the City of Farmington, what priority should your community place on a new community center? _ (1 ) Very high priority _ (2) High priority _ (3) Medium priority _ (4) Low priority _ (5) Don't know l{;>Leisure VisionlETC Institute for the City of Fannington - November 2004 Page 5 17. The City of Farmington would like your input regarding improvements to outdoor recreational facilities. Please indicate if YOU or any member ofvour HOUSEHOLD has a need for each of the parks and recreational facilities listed below by circling the YES OR NO next to the recreational facility. If YES, please rate the following parks and recreation FACILITIES on a scale of 1 to 5, where 1 means "Completely Meets" and 5 means "Does Not Meet" the needs of your household. IF YES, HOW MUCH ARE NEEDS MET Does vour household have a need for: 100% 75% Met Met 50% Met 25% Met 0% Met (A) Large community parks ............................. yes....... No..... .....1 .......... 2............ 3............ 4........... 5 (B) Small neighborhood parks ......................... yes....... No..... .....1..........2............3............ 4...........5 (C) Youth baseball fields.................................. yes....... No..... .....1 .......... 2............ 3............4........... 5 (D) Youth softball fields................................... yes....... No..... .....1 ..........2............ 3............ 4........... 5 (E) Off leash dog parks ..... ............................... yes....... No..... ..... 1 .......... 2............ 3............ 4...........5 (F) Natural areas/nature trails .......................... yes....... No..... .....1..........2............ 3............ 4...........5 (G) Playground equipment ............................... yes....... No..... .....1 .......... 2............ 3............ 4........... 5 (H) Outdoor basketball/multi-use courts .......... yes....... No..... ..... 1 .......... 2............ 3............ 4...........5 (1) Paved walking and biking trails ................. yes....... No..... ..... 1 .......... 2............ 3............ 4...........5 (1) Adult baseball and softball fields............... yes....... No..... .....1 .......... 2............ 3............ 4........... 5 (K) Picnic shelters/areas .......... .... ..................... yes....... No..... ..... 1 .......... 2............ 3............ 4........... 5 (L) Soccer fields............................................... yes....... No..... .....1 .......... 2............ 3............ 4........... 5 (M) Outdoor tennis courts ............................. .... yes....... No..... ..... I .......... 2. ........... 3............ 4........... 5 (N) Outdoor ice-hockey/ice-skating................. yes....... No..... .....1..........2............ 3............ 4...........5 (0) Outdoor swimming pools........................... yes....... No..... .....1..........2............3............4...........5 (P) Skateboard area.......................................... yes....... No..... .....1.......... 2............ 3............ 4...........5 (Q) Outdoor theater/concert area...................... yes....... No..... .....1 ..........2............ 3............ 4...........5 (R) Fishing areas............................................ .. yes..... .. No..... ..... 1 .......... 2............ 3............ 4..... ...... 5 (S) Natural areas/wildlife habitats ................... yes....... No..... .....1.......... 2............ 3............ 4...........5 (T) Other: .......... yes....... No..... .....1.......... 2............ 3............ 4...........5 18. Which FOUR of the facilities from the list in Question #17 would you like to see the City of Farmington INVEST MORE MONEY on in the future? [Please write in the letters below for your 1 st, 2nd, 3rd, or 4th choices using the letters numbers in Question #17 above, or circle 'NONE'.] 1st: 2nd: 3rd: 4th: NONE ~Leisure Vision/ETC Institute for the City of Farmington - November 2004 Page 6 19. Have you or members of your household visited any of the City of Farmington parks during the past year? _(1) Yes _(2) No 20. The current Farmington outdoor pool is old and in need of significant repairs. How supportive would you be of the City of Farmington closing the outdoor pool if a new pool is developed as part of a new community center? _ (1) Very supportive _ (3) Not sure _ (2) Somewhat supportive _ (4) Not supportive 21. If the City of Farmington were to build a new community center, how important would it be for you to have a community center and outdoor athletic facilities on the same site? _ (1) Very important _ (4) Not Important _ (2) Somewhat important _ (5) Don't know _ (3) Neutral DEMOGRAPIDCS 22. Do you rent or own the residence you live in? _(1) Rent _(2) Own 23. What is your age? years 24. Your gender: _(1) Male _(2) Female 25. What is your total annual household income? _ (1) Under $20,000 _ (2) $20,000 - $39,999 _ (3) $40,000 - $59,999 _ (4) $60,000 - $79,999 _ (5) $80,000 - $99,999 _ (6) $100,000 or more This concludes the survey. Thank you for your time. Please Return Your Completed Survey in the Enclosed Return-Reply Envelope Addressed to: ETC Institute, 725 W. Frontier Circle, Olathe, KS 66061 @Leisure VisionlETC Institute for the City of Farmington - November 2004 Page 7 /od City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers and City Administrator ~ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Pre- Council Meetings DATE: January 18, 2005 INTRODUCTION Council had requested staff to review the possibility of establishing pre-council meetings. DISCUSSION The purpose of pre-council meetings is to allow council to interact with staff in an informal, casual environment. The meetings are open to the public, would not be televised nor have an agenda. They would give Council the opportunity to have informal discussions with staff and receive updates on projects. To implement the pre-council meetings would require a change in the Council By-laws Section I - Meetings Subdivision 1 and Section IV - Order of Business Subdivision 1. The suggested Council bylaw changes are as follows: SECTION 1- MEETINGS SUBD.l - Regular meetings of the City Council shall be held on the first (1st) and third (3rd) Monday of each month at 7:00 p.m. The Council will convene at 6:30 p.m. for informal discussions with staff. citizens or other persons on city issues prior to the regular meetings. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall unless otherwise designated. SECTION IV - ORDER OF BUSINESS SUBD.l - Each meeting of the Council shall convene at the time and place appointed therefore. Council business shall be conducted in the following order: * Council convenes at 6:30 for informal discussions with staff. citizens or other persons on city issues. then recesses upon completion of those discussions until regular meeting is called to order at 7:00 p.m. (1) Call to Order (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (5-minute limit per person for items not on the agenda) (7) Consent Agenda (All items will be approved in 1 motion with no discussion unless anyone wishes an item removed for discussion). (8) Public Hearings (9) Award of Contracts (10) Petitions, Requests and Communications (11) Unfinished Business (12) New Business (13) Council Roundtable (14) Adjourn ACTION REQUESTED Begin pre-council meetings on February 7, 2005 by approving the suggested changes to the Council By-laws and to provide notification of the meetings accordingly. Respectfully submitted, J5~:j1~tl. 4/ac/cdc- Lisa Shadick Administrative Services Director JOe 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: Downtown Liquor Store Lease DATE: January 18, 2005 INTRODUCTION As discussed at the November 15, 2004 City Council meeting, staff has pursued a lease agreement with City Center Development LLC (Tom Wartman) for new and expanded space for the Downtown Liquor Store location. DISCUSSION Attached with this memo is the proposed lease agreement with City Center Development LLC for the lease of approximately 5,000 square feet of space in a commercial space to be constructed just east of the Pellici Hardware building on the City Center site. The agreement has been reviewed by the City attorney. Highlights of the lease include: . A seven year initial term with an option to renew for three years. . A $40,000 tenant allowance for construction of the space and installation of equipment. . An initial lease rate of $18.00 per square foot for the first two years. Staff anticipates construction of the shopping center to commence shortly, with occupancy of the space in August of this year. BUDGET IMPACT A revised financial statement is attached with this memo. 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"':0 Q v t) No", .5 ~;g Cl.c:o )(-N ~ ~ ~ 8.2 ~ :st5~ ~ m~ M ~ ~ M c;; N N 1.01.000 ~ o~ooo 0 <Xl co 1.0 0 0 r-;. ('f') ~o)-.:iN fl 1.0 c: "'1.O0~ x...r:-.Q ('l') x x 10 O('t).q-C/) a> ~88~m _C\INCQ) ~oo ~g ;;:~~ ~.; ~~&;m.5 ai~~.~~ ]j ~ a 2::g ~ 0 .E:J.lJ5JfJf I- :.!1 o co ~ :.!1 & cO o oj Ol ~co '" tJ) l!1]j (,) 0 .5 - ffi~ (J).... .00 "00 '5N o ...: ;:>- .!Il E .:: 0 1-':: oj -$ o '" (J) tJ) ~~ l!1_ (,)- c: '" .- :0 C:O '" '" OlM .00 "00 '5N o ...: ;:>- .!Il e .:: 0 1-':: SHOPPING CENTER LEASE AGREEMENT THIS LEASE AGREEMENT, is made and entered into on ,2005, by and between City Center Development, LLC (hereinafter referred to as "Landlord") a Minnesota limited liability company, and the City of Farmington ("Tenant"). 1. LEASED PREMISES: TENANT ALLOWANCE. (a) In consideration of the rents, covenants and agreements herein contained, the Landlord hereby leases to Tenant, and Tenant leases from Landlord the premises ("Leased Premises") described in Exhibit A, attached and hereby made a part hereof, consisting of approximately 5,000 rentable square feet and situated on property legally described as "Lot 2, Block 1, Farmington City Center, Second Addition, in the City of Farmington, County of Dakota, State of Minnesota, hereinafter defined as the "Shopping Center" and depicted in Exhibit A-I. Measurements of the leased premises shall be from the outside of exterior walls to the center line of the demising wall. (b) Within thirty (30) days after full execution of this agreement, Tenant shall provide Landlord with its initial space plan and other information as may be necessary for the completion of the landlord's work. The Landlord will, at its cost and expense, prepare the Leased Premises in accordance with plans and specifications prepared by Landlord and Landlord's architect, incorporating in such construction only those items of work described as landlord's work in Exhibit B (the Landlord's Work). Any equipment or work, other than those items specifically set forth within Exhibit B, which the Landlord installs or constructs within the Leased Premises on behalf of the Tenant, at the Tenant's request and in accordance with the Tenant's plans, shall be paid for in advance by the Tenant upon receipt of a bill therefore at cost, plus a general contractor fee not exceeding 15% of such costs. Any roofing penetrations must be made by Landlord's roofing contractor, at Tenant's cost. (c) The Landlord is providing a tenant allowance in the amount not to exceed $40,000 to be applied to the costs of tenant improvements to the Leased Premises. Tenant agrees to use Landlord or Landlord's contractor in construction of tenant's improvements. Any costs in excess of $40,000 for the tenant's improvements will be paid by Tenant within ten (10) days after receipt of an invoice from the Landlord to Tenant. 2. TERM. Unless terminated earlier as provided herein, the term of this Lease Agreement shall commence on the earlier of (a) August 1,2005 or (b) ten (10) days after the Leased Premises are substantially completed as determined by the issuance of a certificate of occupancy from the applicable governmental authority and possession is turned over to Tenant ("Effective Date"). The term of the Lease Agreement shall be for seven years from the Effective Date. In the event the Effective Date is other than the first day of a month, the Effective Date shall be deemed to be the first day of the month following the partial month. The Tenant has the option to extend the Term by exercising the option ("Option") set forth in Exhibit C. 3. BASE RENT; ADDITIONAL RENT. Starting on the Effective Date Tenant agrees to pay to Landlord, without demand, at its office at City Center Development LLC, 28120 Boulder Bridge Drive, Excelsior, MN 55331, or at such other place as Landlord may from time to time designate in writing, on the days and in the manner herein prescribed, base rent ("Base Rent") and other rent for the Leased Premises as set forth in this Lease Agreement ("Additional Rent"). Base Rent and Additional Rent are collectively referred to as "Rent". All Base Rents shall be payable on or before the first day of each calendar month during the Term. Partial months at the commencement and termination of this Lease Agreement to be prorated based on the number of days the Lease Agreement is in effect during the month. (a) Monthlv Base Rent. Tenant shall pay monthly Base Rent as follows: Years 1 and 2: Years 3 and 4: Years 5 and 6: Year 7 $ 7,500.00 $ 7,916.67 $ 8,333.33 $ 8,750.00 (b) Common Area. (i) Common Area. The term "Common Area" means the entire areas designated for common use or benefit within the property limits of the Shopping Center, including but not by way of limitation, parking lots, areaways, roads, walks, curbs, corridors, together with public facilities such as washrooms, and loading docks. Said Common Area may be expanded or changed by Landlord from time to time as deemed desirable, provided such change does not decrease or impede either the access or visibility of the Leased Premises. Subject to reasonable rules and regulations to be promulgated by Landlord, the public portions of the Common Area are hereby made available to Tenant and its employees, agents, customers and invitees for reasonable use in common with other tenants, their employees, agents, customers, invitees and Landlord. (ii) Common Area Operating Expenses. Landlord's annual accounting of the costs and expenses of maintaining 1 and operating the Common Area ("Common Area Operating Expenses") shall be open to inspection by the Tenant. For purposes of this Section, the operating year shall be each period of twelve (12) consecutive calendar months ending December 31st. The Common Area Operating Expenses include those expenses incurred by the Landlord in maintaining and operating the Common Areas in a manner deemed by Landlord 'as reasonable, appropriate and for the best interests of the tenants of said Shopping Center, including, without limitation, all expenses of operations, repair, maintenance, lighting, cleaning, painting, snow removal, ice removal, rubbish, garbage and other debris removal, security, the cost of personnel to implement such services and police the common areas, property and commercial general liability insurance coverage premiums, worker's compensation insurance premiums, and premiums for other insurance as reasonably determined by Landlord to be appropriate, and all expenses associated with the repair or replacement of paving, curbs, pylon signs, common area signs, walkways, common area doors, roofing, HV AC systems (except HVAC systems for the Leased Premises that are the responsibility of the Tenant pursuant to Section 8), landscaping, drainage and lighting facilities, plus a fair market management fee, which fee shall be five percent (5%) of gross collected Rents. Common Area Operating Expenses also include all real estate taxes and special assessments due and payable during the Term. Notwithstanding the foregoing, Common Area Operating Expenses shall not include the following: (A) Depreciation, interest (except as set forth below with respect to amortization of capital improvements) and amortization on mortgages, and other debt costs or ground lease payments, if any; legal fees in connection with leasing, tenant disputes or enforcement of leases; real estate brokers' leasing commissions; improvements or alterations to tenant spaces; the cost of providing any service directly to and paid directly by any tenant; any costs expressly excluded from Common Area Operating Expenses elsewhere in this Lease Agreement; costs of any items to the extent Landlord receives reimbursement from insurance proceeds or from a third party (such proceeds to be deducted from Common Area Operating Expenses in the year in which received); and (B) Capital expenditures except for: (a) the costs of any capital improvements, equipment or devices installed or paid for by Landlord (1) required or desired for the health and safety of tenants and occupants, (2) to conform with any change in public laws, ordinances or government regulations, whether federal, state, local, or municipal, rules, regulations or requirements of any governmental or quasi governmental authority having jurisdiction not applicable to the building as of the date of original construction or of the board offrre underwriters or similar insurance body, or (3) to effect a labor saving, energy saving or other economy, amortized over the useful life of such capital improvement, equipment or device; and (C) Repairs or other work occasioned by fire, windstorm or other casualty of an insurable nature or by the exercise of the right of eminent domain; Landlord's costs of electricity and other services sold to tenants and for which Landlord is entitled to be reimbursed by tenants as an additional charge or rental over and above the basic rent payable under the lease with such tenant; costs incurred due to violation by Landlord or any tenant of the terms and conditions of any lease; overhead and profit increment paid to subsidiaries or affiliates of Landlord for services on or to the real property, to the extent only that the costs of such services exceed competitive costs of such services were they not so rendered by a subsidiary or affiliate; Landlord's general limited liability company overhead; any compensation paid to clerks, attendants, or other persons in commercial concessions operated by Landlord; all items and services for which Tenant reimburses Landlord or pays third persons; advertising and promotional expenditures; and any costs, fines, interest or penalties incurred or imposed relating to any taxes or due to violations by Landlord of any governmental rule or authority. (iii) Tenant's Common Area Operating Charge. Tenant shall pay as Additional Rent Tenant's proportionate share of the Common Area Operating Expenses as herein provided ("Tenant's Common Area Operating Charge"). Tenant shall pay Tenant's Common Area Operating Charge in the manner set forth in Section 3(b)(iv) and 3(b)(v). Tenant's proportionate share shall be computed in the ratio to which the total rentable floor area of the Leased Premises bears to the total floor area of the rentable space in the building of which the Leased Premises are a part. No deduction or exclusion from the total floor area of the Leased Premises shall be made by reason of columns, stairs or other interior construction requirements or equipment. In the event of any increase or decrease in total rentable space, Tenant's proportionate share ratio shall be recomputed as of the next January 1st following such increase or decrease and the new ratio so computed shall determine the Tenant's Common Area Operating Charge in said year and thereafter. (iv) Monthlv Tenant's Common Area Operating Charge. On or before the frrst day of each calendar month during the Term, the Tenant shall pay 1/12th of the estimated Tenant's Common Area Operating Charge ("Monthly Tenant's Common Area Operating Charge"). On or before the Effective Date, Landlord shall notify the Tenant of the estimated Monthly Tenant's Common Area Operating Charge for the Tenant for the current operating year. Thereafter, sometime after the start of each subsequent operating year, as soon as Landlord is able to project the costs and expenses Landlord shall notify the Tenant of the estimated Common Area Operating Expenses for the operating year and commencing with the first day of the next calendar month of this Lease Agreement following the date Landlord provides Tenant with such estimate and on the first day of each month thereafter Tenant shall pay the new 2 estimated Monthly Tenant's Common Area Operating Charge. (Partial months at the commencement and termination of this Lease Agreement to be prorated based on the number of days the Lease Agreement is in effect during the month.) (v) Final Annual Accounting. Sometime after the end of the initial operating year and each succeeding operating year, Landlord shall compute the Common Area Operating Expenses for the operating year allocable to all tenants. If the Tenant's Common Area Operating Charge exceeds the sum of the Monthly Tenant's Common Area Operating Charges for the same operating year already paid by the Tenant, Tenant shall pay such excess to Landlord within thirty (30) days of demand. If the Tenant's Common Area Operating Charge is less than the sum of the Monthly Tenant's Common Area Operating Charges for the same operating year already paid by the Tenant, Landlord shall credit said amount to the next succeeding payment due from Tenant. If the Lease Agreement terminated during the operating year, the Tenant's Common Area Operating Charge shall be prorated based the number of days the Lease Agreement is in effect during the operating year. 4. BUSINESS USE. The Leased Premises shall be used and occupied by Tenant for a liquor store and for no other purposes without the prior written consent of Landlord and such use and occupancy shall be in compliance with all applicable laws, ordinances and governmental regulations. 5. NON-DISTURBANCE. It is understood that Tenant's occupancy of the Leased Premises shall not be disturbed, if Tenant is not in default under any terms and conditions of this Lease Agreement. 6. SUBORDINATION. Tenant agrees that this Lease Agreement shall be subordinate to any mortgages that may hereafter be placed upon said Shopping Center and to all advances to be made thereunder, and to the interest thereon and all renewals, replacement and extensions thereof. Tenant shall execute and deliver whatever instruments as may be required for the above purposes. 7. CARE OF THE PREMISES. Tep.ant shall, at its expense, keep the Leased Premises, including show windows, signs and loading platform used by it, in a clean, safe arid sanitary condition, in conformance with applicable laws and regulations; keep the front entry way and loading areas adjacent to the Leased Premises free of debris, ice and snow; store in rat-proof receptacles and remove regularly all trash and garbage; replace broken glass in exterior and interior windows and doors with glass of same quality and, on Landlord's request, remove any encroachments maintained on any public place without Landlord's written consent. Without such written consent, Tenant shall not mark, drill; deface, injure, waste, damage, or alter the Leased Premises; conduct business so as to constitute a nuisance to other tenants or occupants; overload any floor facility; make any structural alterations except as provided in this Lease Agreement, erect any antenna's on any building roofs, discharge or deposit any substance in plumbing facilities or use the same for any purpose other than that for which constructed. 8. REPAIRS. (a) Landlord's Repair Responsibilities. Landlord shall maintain in good repair, reasonable wear and tear and casualty excepted, all parts of the Common Area, the exterior of the Shopping Center building and all structural elements of the building, including footings, foundation walls and roof, making all necessary repairs and replacements, whether ordinary or extraordinary, structural or non-structural. Tenant shall immediately give Landlord written notice (the "Repair Notice") of any defect or need for such repairs, and after receipt of such written notice from Tenant, Landlord shall have a reasonable opportunity to repair the same or cure such defect. The terms "walls", as used in this Paragraph, shall not include windows, glass or plate glass, doors, special store fronts or office entries. If Landlord shall fail to make any repair to the Leased Premises or any area of the Shopping Center outside the Leased Premises, which is required to be made by Landlord under this Lease Agreement either within ten (15) days after receipt of written notice (the "Fail to Repair Notice") from Tenant of such failure or, if such repair cannot reasonably by completed within such ten (15) day period after receipt of the Fail to Repair Notice and if the condition that is the subject of such proposed repair has a material adverse impact on the routine conduct of Tenant' s business in the Leased Premises, then Tenant shall have the right to make the repair and offset the reasonable, verifiable and direct cost thereof against the Base Rent next coming due under this Lease Agreement; provided that the foregoing right of offset shall be subject to the following terms and conditions: (i) The foregoing offset right shall not be available with respect to any repairs required or desired in connection with any condemnation, casualty or other insured event; (ii) Landlord shall not be construed to have failed to proceed with due diligence to the extent that any such failure is due to reasons of force majeure or delays caused by Tenant; (iii) The foregoing offset right shall not be applicable with respect to any "lost profits" or other consequential damages or losses that Tenant may incur or allege in connection with any such condition or failure to repair; 3 (iv) The Repair Notice and Fail to Repair Notice shall state with specificity the nature and extent to each item of repair that Tenant believes should be performed, Tenant's good faith estimate of the cost thereof, and the potential amount of offset; and (v) Any offset effected hereunder shall be exercised through the delivery of written notice to Landlord specifying the amount of the offset and including, as attachments, copies of all invoices or other source documents reasonably necessary to verify the costs underlying such offset, which notice shall be delivered on or before the date that the Base Rent offset is otherwise due. (b) Tenant's Repair responsibilities. Except as otherwise provided in this Section, Tenant shall keep the Leased Premises, including the HV AC systems and other utilities providing services to the Leased Premises, at all times in good order, condition and repair at Tenant's own expense and in accordance with all laws, directions, rules and regulations of regulatory bodies or officials having jurisdiction in that regard, subject however, to the provisions of Section 10 hereof. Notwithstanding the foregoing, if HV AC system repairs will cost more than fifty percent (50%) of the replacement cost of the HV AC system, then Landlord shall replace or repair the HV AC system and the cost shall be considered a Common Area Operating Expense. If Tenant refuses or neglects to commence repairs within ten (15) days after written demand, or adequately to complete such repairs, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's stock or business by reason thereof, and if Landlord makes such repairs, Tenant shall pay Landlord, on demand, as Additional Rent, the costs thereof of said repairs. 9. SIGNS; DISPLAY WINDOWS. Tenant shall submit to Landlord for approval drawings showing all proposed sign work to be erected in connection with Tenant's Leased Premises, including lettering and other advertising media upon the doors and show windows. Erection of any signs shall be prohibited unless approved in writing by Landlord. The size of the Tenant's sign will be limited as follows: (total Shopping Center sign area per Planned Unit Development Agreement) x (total floor area of the Leased Premises/ total floor area of all rentable space in the Shopping Center). Loud speakers, or other means of broadcasting in a manner to be heard outside the Leased Premises shall not be used. No sign or advertising medium shall be used so as to be a nuisance or menace to Landlord or other tenants. The cost of installing, maintaining, changing and removing all signs shall be borne by Tenant. Tenant's rights in respect of signs shall not be transferable, except as part of an assignment or sublease consented to by Landlord pursuant to Section 14 hereof. Additional terms regarding the pylon sign along Pilot Knob Road are set forth in Exhibit B. 10. ALTERATIONS. INSTALLATIONS. FIXTURES. Except as herein provided, Tenant shall not make any structural alterations in or additions to the Leased Premises. If structural alterations become necessary because of the application of laws or ordinance, the directions, rules and regulations of any regulatory body to the business carried on by Tenant, because of any act or default on the part of Tenant, or because Tenant has overloaded any electrical or other facility, Tenant shall make such structural alterations at its own expense after first obtaining Landlord's written approval of its plans and furnishing such indemnification against liens, costs, damages and expenses as Landlord may reasonably require. 11. INSURANCE. Tenant agrees to purchase, in advance, and to carry in full force and effect the following insurance, and such insurance policies shall name Landlord as an additional insured: (a) "All Risk" property insurance covering the full replacement value of all of Tenant's leasehold improvements, trade fixtures, inventory and personal property within the Leased Premises. (b) Commercial general public liability insurance covering all acts of Tenant, its employees, agents, representatives and guests on or about the Leased Premises, containing a contractual liability endorsement, in a combined single limit amount of not less than $1,000,000 and written on an "occurrence" basis. The insurance shall be with an insurance company authorized to do business in Minnesota and reasonably satisfactory to the Landlord. Tenant will provide Landlord with certificates evidencing such insurance during the Term and upon Landlord's request. The policies must give Landlord a minimum of thirty (30) days written notice prior to cancellation, termination or change in such insurance. 12. DELIVERIES. PARKING. All loading and unloading and all removal of garbage shall be made in accordance with regulations reasonably adopted by Landlord. Tenant and its employees and agents shall park cars only in areas designated from time to time by Landlord as Employee's Parking Areas. Trucks or delivery vehicles shall not be parked so as to inconvenience other tenants or impede access to the Shopping Center by customers or invitees. 13. WAIVER. LIENS AND INDEMNIFICATION. a. Except as caused by Landlord's gross negligence or wilfull misconduct, Landlord (including its officers, partners, employees, agents and representatives) shall not be liable to Tenant, or those claiming by, through or under Tenant, for any injury, death, or property damage occurring in, on or about the Leased Premises. Without limitation ofthe foregoing, Landlord 4 shall not be liable to Tenant for any, and Tenant hereby releases Landlord from all damage, compensation or claims arising from: loss or damage to property, books, records, files, money, securities, negotiable instruments or other papers in or about the Leased Premises; the necessity of repairing any portion of the Leased Premises or the amenities within or without the Leased Premises; the interruption in the use of the Leased Premises; accident or damage resulting from the use or operation by Landlord, Tenant, or any other person or persons whatsoever of heating, cooling, electrical or plumbing equipment or apparatus; any fire, robbery, theft, or any other casualty; and leakage or bursting of pipes or water vessels or any roof or wall leakage, in any part of the Leased Premises; water, rain, snow or underground water that may leak into, flow on, or flow from, any part of the Leased Premises; or acts or omissions of persons occupying or transacting business in the adjoining premises or any part of the Shopping Center. b. Tenant agrees to pay all sums of money in respect of any labor, services, materials, supplies or equipment furnished to Tenant in or about the Leased Premises which may be secured by any Mechanic's, Materialmen's or other lien against the Leased Premises or the Landlord's interest therein and will cause each such lien to be discharged at the time performance of any obligation secured thereby matures, provided that Tenant may contest such lien, but if such lien is reduced to formal Judgment and if such judgment or process thereon is not stayed, or if stayed and said stay expires, than and in such event Tenant shall forthwith pay and discharge said judgment. Landlord shall have the right to post and maintain on the Leased Premises notice of non-responsibility under the laws of the State of Minnesota. c. Tenant shall defend with counsel approved by Landlord (which approval will not be unreasonably withheld), indemnify and hold Landlord (including its officers, partners, employees, agents and representatives) harmless from and against all liabilities, obligations, damages, fmes, penalties, claims, demands, costs, charges, judgment and expenses, including, but not limited to, reasonable architects' and attorneys' fees, which may be imposed on or incurred or paid by or asserted against Landlord, the Leased Premises, Shopping Center, or any interest therein by reason of or in connection with any of the following: (i) Any alterations and anything done in, on or about the Leased Premises; (ii) The use, nonuse, possession, occupation, condition, operation, maintenance or management of the Leased Premises; (iii) Any negligent or tortious act on behalf of Tenant or any of Tenant's agents, contractors, servants, employees, licensees, or invitees; (iv) Any accident, injury, death or damage to any person or property occurring in or on the Leased Premises; and (v) Any breach of this Lease Agreement by the Tenant. 14. ASSIGNMENT OR SUBLETTING. Tenant agrees not to sell, assign, mortgage, pledge, or in any manner transfer this Lease Agreement or any interest thereunder and not to sublet the Leased Premises or any part thereof and not to permit any licensee or concessionaire therein without the previous written consent of Landlord in each instance, which consent shall not be unreasonably withheld. Consent by Landlord to one assignment of this Lease Agreement or to one subletting of the Leased Premises shall not be a waiver of Landlord's rights under this Section as to any subsequent assignment or subletting. Landlord's rights to assign this Lease Agreement are and shall remain unqualified. Upon any sale of the Leased Premises and providing the purchaser assumes all obligations under this Lease Agreement, Landlord shall thereupon be entirely freed of all obligations of the Landlord arising therefrom and shall not be subject to any liability resulting from any act or omission or event occurring after such conveyance. 15. ACCESS TO PREMISES. Landlord reserves the right to enter upon the Leased Premises upon not less than 24 hours prior notice in order to inspect the same, or to make necessary repairs, additions or alterations to the Leased Premises. Landlord may exhibit the premises to prospective tenants, purchasers or lenders only during the last six (6) months of the Term. Landlord may, however, enter at any hour in the event of an emergency. 16. UTILITY SERVICE. (a) Gas. Water and Electricitv. Landlord agrees to cause mains, conduits, and other facilities to be provided and maintained to supply all necessary utility meters for gas, water, and electricity to the point where they enter the Leased Premises, and Tenant shall provide and maintain the same within the Leased Premises and pay when due all billings for gas, water and electricity used in the Leased Premises. (b) Interruption of Service. Landlord shall not be liable in damages or otherwise if the furnishing by Landlord or by any other supplier of any utility service or other service to the Leased Premises shall be interrupted or impaired by fire, accident, riot, strike, act of God, the making of necessary repairs or improvements or by any causes beyond Landlord's control or if service may be curtailed or interrupted by energy regulations issued by any lawful authority. 17. EMINENT DOMAIN. (a) Leased Premises. If the Leased Premises, or such portion thereof as to render the balance unsuitable for the purposes of Tenant, is taken by condemnation or the right of eminent domain or by private sale in lieu thereof, either party shall be entitled to terminate this Lease Agreement upon written notice to the other, provided that such notice is given within thirty (30) days after Tenant has been deprived of possession by such taking or sale. 5 (b) Taking of Building. If 50% or more of the building of which the Leased Premises is a part is taken by condemnation or the right of eminent domain or by private sale in lieu thereof, Landlord may terminate this Lease Agreement upon giving written notice oftermination to Tenant within one hundred twenty (120) days following the date of such occurrence. (c) Damages. All damages awarded for a taking under the power of eminent domain whether for whole or part of the Leased Premises belong to and are the property of Landlord whether such damages are awarded as compensation for diminution in value to the leasehold or to the fee of the premises. However, Landlord is not entitled to any separate award made directly to Tenant by the taking authorities for the fair value of leasehold improvements made by Tenant, the cost of removal of stock and fixtures, moving expenses or loss of business. The term "eminent domain" includes the exercise of any similar governmental power and any purchase or other acquisition in lieu of condemnation. 18. DAMAGE OR DESTRUCTION. (a) In the event that the Leased Premises shall be damaged or destroyed by fire or other casualty, Landlord shall, unless it shall elect to cancel and terminate this Lease Agreement, as hereinafter provided, repair such damage and restore the Leased Premises, with all reasonable diligence, to substantially their condition immediately prior to the happening of such event. The fixed minimum rent and additional rent provided to be paid by Tenant hereunder shall be abated or reduced proportionately during any period in which, by reason of such damage or destruction, there is substantial interference with the operation of the business of Tenant in the Leased Premises, considering the extent to which Tenant may be required to discontinue its business in the Leased Premises, and such abatement or reduction shall continue for the period commencing with such destruction or damage and ending with the completion by Landlord of such work or repair and/or construction and the issuance of an occupancy permit for the Leased Premises. (b) If fifty percent (50%) or more ofthe rentable area of the building in which the Leased Premises is located shall be rendered partially or wholly untenantable by fire or other casualty, notwithstanding that the Leased Premises may not have been rendered partially or wholly untenantable, Landlord may terminate this Lease Agreement upon giving written notice of termination to Tenant within sixty (60) days following the date of such fire or other occurrence. 19. SURRENDER. On the last day of the Term, Tenant shall peaceably surrender the Leased Premises in good order, condition and repair, broom clean, reasonable wear and tear only excepted. On or before the last day of the Term, unless otherwise directed by Landlord, Tenant at its expense must remove its trade fixtures, signs, and carpeting from the Leased Premises and any property not removed is deemed abandoned. Any damage caused by Tenant in the removal of such items shall be repaired by and at Tenant's expense. All alterations, additions, improvements and fixtures (other than Tenant's trade fixtures, signs and carpeting) which shall have been made or installed by either Landlord or Tenant upon the Leased Premises and all hard surface bonded or adhesively affixed flooring and all lighting fixtures, except any track or specialty lighting, shall remain upon and be surrendered with the Leased Premises as a part thereof, without disturbance or injury, and without charge, at the expiration or termination of this Lease Agreement, unless Landlord directs the removal of all or some of these items. Tenant shall promptly surrender all keys for the Leased Premises to Landlord at the place then fixed for the payment of Rent and shall inform Landlord of the combination on any locks and safes on the Leased Premises. 20. SHORT FORM OR MEMORANDUM OF LEASE. Either party, upon request, shall promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this Lease Agreement, setting forth a description of the Leased Premises or Shopping Center, the term of this Lease Agreement or any other provisions thereof, except for Rent, as Landlord may request. Notwithstanding the foregoing, Landlord agrees that any short form of this Lease Agreement will set forth the exclusive use clause found at Section 33 herein. 21. COMPLIANCE WITH LAW. Tenant shall obtain and maintain in force and effect all permits, licenses and similar authorizations to use the Leased Premises for its purpose required by any governmental authority, and comply with all applicable laws. 22. ABANDONMENT. In the event the Tenant should at any time vacate or abandon the Leased Premises so as to cease doing business thereon for a period of more than thirty (30) days (except for a closing of the premises due to strikes or damages or destruction by fire or other cause covered by extended risk insurance coverage), the Landlord shall have a continuing option until Tenant shall reoccupy the Leased Premises and open for business thereon of terminating this Lease Agreement irrespective of whether the Tenant may not otherwise be in default under the terms and provisions of this Lease Agreement. Landlord may exercise such option to terminate this Lease Agreement by sending written notice to the Tenant of its intention, whereupon the Tenant will be permitted thirty (30) days from the date of such notice to remove its personal property, fixtures and equipment from the Leased Premises in the manner heretofore provided. At the expiration of said thirty (30) day period, this Lease Agreement will, at the option of Landlord, be deemed to have terminated and the Tenant shall surrender possession of the Leased Premises to the Landlord in the condition and in the manner herein provided and shall bring all Rents current to the date of Lease termination. 6 23. OFFSET STATEMENT. ATTORNMENT. Within ten (10) days after request therefore by Landlord, Tenant agrees to deliver a certificate to Landlord or any mortgagees, certifying (if such is the case) that this Lease Agreement is in full force and effect and that there are no defenses or offsets, or stating those claimed by Tenant. 24. DEFAULT. (a) Tenant Default. If Tenant fails to pay any Rent or other amounts due hereunder within five (5) days after notice of default, or if Tenant breaches this Lease Agreement and does not cure the breach within thirty (30) days after written notice of such default, or if Tenant suffers this Lease Agreement to be taken under any writ of execution, then Landlord, besides other rights or remedies it may have, has all of the following rights: (1) Landlord may terminate this Lease Agreement. (2) Landlord has the immediate right of re-entry and may remove all persons and property from the Leased Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. (3) If Landlord elects to re-enter, or if it takes possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may without terminating this Lease Agreement, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let said Leased Premises or any part thereof for such term (which may be for a term extending beyond the Term of this Lease Agreement) and at such rental and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. (4) Upon such re-letting all rentals received by the Landlord shall be applied first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; second, to the payment of any expenses of such re-letting, including brokerage fees, attorney's fees and of costs of such alterations and repairs; third, to the payment of Rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such re-letting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of Leased Premises by Landlord is an election on its part to terminate the Lease Agreement unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination Landlord may at any time thereafter elect to terminate this Lease Agreement. (5) In addition to any other remedies it may have, Landlord may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and reasonable attorney's fees. (6) In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease Agreement, or because of the breach of any other covenant therein contained on the part of a party to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefore, including reasonable attorney's fees. (b) Landlord Default. If the Landlord breaches this Lease Agreement, the Tenant may terminate the Lease Agreement by providing the Landlord with thirty (30) days written notice of the Landlord's breach and the Lease Agreement will terminate at the end of the thirty day (30) notice period unless the Landlord has cured the breach during the thirty day notice period. If the default is of a nature to require more than thirty (30) days to remedy, the Lease Agreement will not terminate if Landlord has undertaken procedures to cure the default during the thirty (30) day notice period and diligently pursues such efforts to complete the cure. 25. BANKRUPTCY. If the Tenant or any guarantor of this Lease Agreement makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts as they become due, or files a petition in voluntary bankruptcy or for an arrangement or reorganization pursuant to the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing ("Bankruptcy Proceeding"), or files an answer admitting insolvency or inability to payor fails to pay its debts as they become due, or fails to obtain a vacation or stay of any involuntary Bankruptcy Proceeding within forty-five (45) days after the institution of the same, or is adjudicated a bankrupt or be declared insolvent in any Bankruptcy Proceeding, or has a custodian, trustee or receiver appointed for or have any court take jurisdiction of its property, or any part thereof, in any involuntary proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee or receiver shall not be discharged or such jurisdiction not be relinquished, vacated or stayed within forty-five (45) days, then in any such event the Landlord may, if it so elects, with or without notice of such election, terminate this Lease Agreement. 26. NOTICES. Any notice required or permitted under this Lease Agreement is sufficiently given if sent by registered or certified mail to Tenant at the address of the Leased Premises and to Landlord at the address then fixed for Rent payments. Either party may be like written notice at any time designate a different address to which notices shall subsequently be sent. 27. HOLDING OVER. If Tenant remains in possession of the Leased Premises after the Term and without the execution of a new lease, it shall be deemed to be occupying said premises as a tenant from month to month, subject to all the conditions, provisions and obligations of this Lease Agreement in so far as the same can be applicable to a month-to-month tenancy, at a 7 base rental rate equal to One Hundred and Ten Percent (110%) ofthe rent then in effect, in addition to additional rent. 28. NON LIABILITY. Landlord is not responsible for its breach of this Lease Agreement for reasons beyond the Landlord's reasonable control. Landlord is not responsible to Tenant for any consequential, special, indirect or incidental damages. 29. INV ALInITY OR UNENFORCEABILITY OF CLAUSES. The invalidity or unenforceability of any provisions of this Lease Agreement shall have no effect on the validity or unenforceability of any other provision of this Lease Agreement. 30. RULES AND REGULATIONS. The Landlord may from time to time adopt reasonable rules and regulations pertaining to the operation of the Shopping Center and Tenant is to abide by such rules and regulations. 31. SURVIVAL OF PROVISIONS. Those provisions ofthis Lease Agreement including, but not limited to Section 13, that by their nature must survive the Term to protect the interests ofthe party to which they run, survive the Term. 32. GENERAL. This Lease Agreement does not create the relationship of principal and agent, partnership, or any association between Landlord and Tenant, the sole relationship between Landlord and Tenant is that of Landlord and Tenant. The terms, convents and conditions hereof shall be binding upon and inure to the successors in interest and assigns of the parties hereto. No waiver of any default of Tenant hereunder shall be implied from any omissions by Landlord to take any action on account of such default, and no express waiver shall affect any default other than the default expressly waived and that only for the time and to the extent therein stated. A waiver by Landlord shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. Each provision of this Lease Agreement performable by Tenant shall be construed to be both a covenant and a condition. No action required or permitted to be taken by or on behalf of Landlord under the terms of this Lease Agreement shall be deemed to constitute an eviction or disturbance of Tenant's possession of the Leased Premises. The submission of this Lease Agreement does not constitute a reservation of or option for the Leased Premises and this Lease Agreement is effective only upon execution and delivery thereof by Landlord and by Tenant. The headings of the sections are for convenience only and do not define, limit or construe the contents of such sections. All preliminary negotiations are merged into and incorporated in this Lease Agreement. The laws of the State of Minnesota shall govern the validity, performance and enforcement of this Lease Agreement. All Exhibits are incorporated herein and a part hereof. 33. EXCLUSIVE USE. The Landlord shall receive written agreement from the tenant prior to the leasing of any other space in the Shopping Center of which the Leased Premises is a part to any tenant who shall sell intoxicating liquors as part of their business. ACCEPTED AND AGREED TO: City of Farmington City Center Development, LLC By: By: Title: Title: Date: Date: 8 EXHIBIT A Leased Premises 9 EXHIBIT B Landlord's Work; Pylon Sign Landlord's Work. 1. Building will be a one story structure with steel frame and masonry construction, and with an exterior of glass, stucco, and brick built in accordance with the plans as approved by the. City of Farmington. 2. Roof construction will be built up roofing over steel joist and metal deck. 3. The ceiling height measured between the floor slab and ceiling when finished as provided will be approximately 10 feet. 4. Storefronts will be glass with a 16" sill along the base of the front elevation, stucco in the sign band, and brick. 5. Interior finishes and specifications: (a) Concrete floor. (b) Interior exposed painted steel bar joist roof structure. (c) Gypsum board demising wall taped and sanded. (d) One toilet room per code, including plumbing fixtures, hot water, ceramic floor with base, mirror, light exhaust fan, and one hub-type floor drain. (e) Heating and air conditioning system sized to Tenant's Leased Premises and according to code: two five ton HVAC units and one three ton unit.. (f) Separate gas meters for each tenant space at a location determined by Landlord. (g) Separate electrical service individually sized and metered for each Tenant space (maximum Landlord responsibility is 400 amp, 220 volt- 3 phase). (h) Lighting provided by high intensity metal halide interior lights with acrylic lens covers (30-50 foot candles in retail space areas). (i) 110 volt electrical receptacles on the perimeter sales and storage area walls of approximately one per 20 linear feet. U) Electrical service to a junction box for Tenant signs. Box will be located on inside surface of the exterior wall with extension to signs and any special controls furnished by Tenant. All wall signs, sign structure supports and sign lighting shall be furnished and installed by Tenant. Tenant must conform to all sign specifications as required by law. (k) Front entrance. One glass entry vestibule with two exterior doors and two interior doors with automatic motion activated openers on the two exit doors, per plan. Doors are aluminium and glass. (1) Two J' x 7' steel back doors. Except as specifically set forth in this Exhibit B, Tenant shall be responsible for all other improvements to the Leased Premises including, but not limited to, all trade fixtures, wall and floor covering, painting, equipment, interior partition walls, any additional electrical and/or HV AC requirements beyond that supplied by Landlord as indicated herein. Pvlon Sie:ns. Landlord will erect a pylon sign post for installation of the Tenant's sign. The size of the Tenant's sign will be limited as follows: (total pylon sign area) x (total floor area of the Leased Premises/ total floor area of all rentable space in the Shopping Center). The Tenant's pylon sign is subject to the provisions of Section 9. 10 EXHIBIT C Option to Renew 1. Option to Renew. If the Tenant is not in default in any of the terms and conditions of the Lease Agreement, Tenant shall have the right to extend the Term of this Lease Agreement for three (3) additional years (the "Renewal Term"), by giving Landlord notice of its exercise of this option at least one hundred eighty (180) days prior to the expiration of the initial seven (7) year Term. The monthly Base Rent set forth in Section 3(a) shall be increased for the Renewal Term as follows: Years 8, 9 and 10: Year 7 monthly Base Rent x ((CPI Year 7)/(CPI Year 4 )) Where, CPI Year 7 is the most recently published Consumer Price Index 180 days prior to the end of the initial 7 year Term; and CPI Year 4 is the most recently published Consumer Price Index 180 days prior to the end of Year 4. The Consumer Price Index refers to the Consumer Price Index (all urban consumers) published by the United States Department of Labor. Except as specifically provided in this Exhibit C, all other terms and conditions of the Lease Agreement remain in effect during the Renewal Terms. The Term and Renewal Terms are collectively referred to as "Term". 11 /CJ-P City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, City Council members, City Administrator ~ FROM: Robin Roland, Finance Director SUBJECT: Adopt Resolution - Authorizing Bond Sale, Refunding Bonds DATE: January 18, 2005 INTRODUCTION Opportunities exist to refinance some of the City's outstanding debt, resulting in savings on interest payments without extending the term of the debt. DISCUSSION & BUDGET IMPACT The City has two bond issues which can be refunded (refinanced) at current market interest rates resulting in lower interest costs for the remaining term on the bonds. The bond issues are: G.O Improvement Bonds of 1998 and G.O. Improvement Bonds of 1999. The pre-sale analysis indicates a possible savings of $120,469.44 over the remaining term of the outstanding debt. Copies of the preliminary Bond Sale Reports are attached to this memo. The bond issue has a ten year repayment period. ACTION REQUIRED Adopt the attached resolution calling for the sale of $2,640,000 G.O. Improvement Refunding Bonds, Series 2005A on February 22, 2005. Respectfully submitted, ~//eI , Robin Roland Finance Director City of Farmington, Minnesota Pre-Sale Report January 18, 2005 Proposed Issue: $2640,000 G.O. Improvement Refunding Bonds, Series 2005A Purpose: Current refund 1998 and 1999 improvement bonds Description: The bonds will refinance the City's $2,325,000 GO Improvement Bonds, Series 1998 and the $1,775,000 GO Improvement Bonds, Series 1999. Term/Call Feature: 10 year bonds, callable in 2009 for maturities 2010 and after. (5 years) Funding Sources: Special assessments and property tax levy. Discussion Issues: The estimated cashflow savings is $120,469 with a present value savings is $81,829 or 3.100%. If on the day of the sale the bids do not merit the refinancing, the City Council can reject all the bids at no cost to the City. Schedule: Pre-Sale Review: January 18,2005 Distribute Official Statement: Week of February 7,2005 Week ofFebruary 14,2005 February 22,2005 Week of March 7, 2005 Rating Agency Interview Bond Sale: Estimated Closing Date: Attachments: Savings Estimates and Proposed Debt Service Schedule Resolution authorizing Ehlers to proceed with bond sale Ehlers Contacts: Financial Advisors: Bond Sale Coordinator: Sid Inman (651)697-8507 Shelly Eldridge (651)697-8504 Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Connie Kuck (651) 697-8527 Bond Analysts: The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. e EHLERS & ASSOCIATES IHe City of Farmington, MN Issue Summary - Proposed Current Refunding of $2,325,000 G.O. Improvement Bonds, Series 1998 $1,775,000 G.O. Improvement Bonds, Series 1999 Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 03/15/2005 02/01/2006 230,000.00 2.150% 71,095.61 301,095.61 301,095.61 08/01/2006 38,025.00 38,025.00 02/01/2007 275,000.00 2.350% 38,025.00 313,025.00 351,050.00 08/01/2007 34,793.75 34,793.75 02101/2008 270,000.00 2.450% 34,793.75 304,793.75 339,587.50 08/01/2008 31,486.25 31,486.25 02/0112009 270,000.00 2.750% 31,486.25 301,486.25 332,972.50 08/01/2009 27,773.75 27,773.75 02/01/2010 265,000.00 3.050% 27,773.75 292,773.75 320,547.50 08/01/2010 23,732.50 23,732.50 02/01/2011 270,000.00 3.250% 23,732.50 293,732.50 317,465.00 08/01/2011 19,345.00 19,345.00 02/01/2012 265,000.00 3.450% 19,345.00 284,345.00 303,690.00 08/01/2012 14,773.75 14,773.75 02/01/2013 265,000.00 3.550% 14,773.75 279,773.75 294,547.50 08/01/2013 10,070.00 10,070.00 02/01/2014 265,000.00 3.750% 10,070.00 275,070.00 285,140.00 08/01/2014 5,101.25 5,101.25 02/01/2015 265,000.00 3.850% 5,101.25 270,101.25 275,202.50 Total $2,640,000.00 $481,298.11 $3,121,298.11 Yield Statistics Bond Year Dollars.. ............... ................. ,............ ............ ................ .............. ..... .... ........ ..... .... .......... ......... ........... .... .... ........ Average Life. .....,.. ................... .... ... ........ ............... ......... ....................... ....................... ... ........ ........... .............. ..... .... .... ........ Average Coupon..... ............... ....... ........., ,............ .......... ................................. .... ................. ......... ....... ....... .... ....... .... ........... $14,302.33 5.418 Years 3.3651720% Net Interest Cost (NIC)....................................... .........................................................,..........................,............................. True Interest Cost (TIC)...... ..... ................................................................................................................................... ......,... Bond Yield for Arbitrage Purposes... ............................................................................... .... ....................... ............... ............ All Inclusive Cost (AIC)........ ................................................................................................................................................. 3.5682157% 3.5729261 % 3.3437179% 3.8297620% IRS Form 8038 Net Interest Cost.......................................................................................... ................................................................... ...... 3.3651720% Weighted Average Maturity.............. ......................,............................................................ ....................... ........................... 5.418 Years 05 Cur of Ser 98 $2,325K I Issue Summary I 1/1112005 I 4:17 PM Ehlers & Associates, Inc. Leaders in Public Finance Page 1 City of Farmington, MN Issue Summary - Proposed Current Refunding of $2,325,000 G.O. Improvement Bonds, Series 1998 $1,775,000 G.O. Improvement Bonds, Series 1999 Debt Service Comparison Part 1 of 2 Date Total P+I Net New D/S Old Net D/S Savings Fiscal Total 03/15/2005 (4,731.30) (207,870.00) (203,138.70) 12/01/2005 332,886.25 332,886.25 02/01/2006 301,095.61 301,095.61 (301,095.61) (171,348.06) 06/01/2006 57,092.50 57,092.50 08/01/2006 38,025.00 38,025.00 (38,025.00) 12/0112006 327,092.50 327,092.50 02101/2007 313,025.00 313,025.00 (313,025.00) 33,135.00 06/01/2007 51,268.75 51,268.75 08/01/2007 34,793.75 34,793.75 (34,793.75) 12/0112007 321,268.75 321,268.75 02/01/2008 304,793.75 304,793.75 (304,793.75) 32,950.00 06/0112008 45,366.25 45,366.25 08/01/2008 31,486.25 31 ,486.25 (31,486.25) 12/01/2008 320,366.25 320,366.25 02/01/2009 301 ,486.25 301,486.25 (301,486.25) 32,760.00 06/01/2009 39,300.00 39,300.00 08/01/2009 27,773.75 27,773.75 (27,773.75) 12/01/2009 314,300.00 314,300.00 02/01/2010 292,773.75 292,773.75 (292,773.75) 33,052.50 06/01/2010 33,096.25 33,096.25 08/01/2010 23,732.50 23,732.50 (23,732.50) 12/01/2010 313,096.25 313,096.25 02/01/2011 293,732.50 293,732.50 (293,732.50) 28,727.50 06/0112011 26,726.25 26,726.25 08/01/2011 19,345.00 19,345.00 (19,345.00) 12/01/2011 311,726.25 311,726.25 02/01/2012 284,345.00 284,345.00 (284,345.00) 34,762.50 06/01/2012 20,220.00 20,220.00 08/01/2012 14,773.75 14,773.75 (14,773.75) 12/01/2012 305,220.00 305,220.00 02101/2013 279,773.75 279,773.75 (279,773.75) 30,892.50 06/0112013 13,590.00 13,590.00 08/01/2013 10,070.00 10,070.00 (10,070.00) 12/01/2013 303,590.00 303,590.00 02/01/2014 275,070.00 275,070.00 (275,070.00) 32,040.00 06/01/2014 6,850.00 6,850.00 08/01/2014 5,101.25 5,101.25 (5,101.25) 12/01/2014 301,850.00 301,850.00 02/01/2015 270,101.25 270,101.25 (270,101.25) 33,497.50 Total $3,121,298.11 $3,116,566.81 $3,237,036.25 $120,469.44 05CurofSer98$2,325K I Issue Summary I 1/1112005 I 4:17PM Ehlers & Associates, Inc. Leaders in Public Finance Page 2 City of Farmington, MN Issue Summary - Proposed Current Refunding of $2,325,000 G.O. Improvement Bonds, Series 1998 $1,775,000 G.O. Improvement Bonds, Series 1999 Debt Service Comparison Part 2 of 2 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings..,................................................. ..............................,........................................................, Net PV Cashflow Savings @ 3.830%(AIC).......................................................................................................................... Transfers from Prior Issue Debt Service Fund...................................................................................................................... Contingency or Rounding Amount.................................................. ..................................................................................,... Net Present Value Benefit.................................................................................................................................. ...............,... Net PV Benefit / $2,929,427.20 PV Refunded Debt Service................................................................................................. Net PV Benefit / $2,795,000 Refunded Principal................................................................................................................. Net PV Benefit / $2,640,000 Refunding Principal................................................................................................................. Refunding Bond Infonnation Refunding Dated Date................. .................................. .........................................................................,.............................. Refunding Delivery Date............. ... ........... ........... ........ ............... ...... ...................................... ................. .... ................... ...... 05CurofSer98$2,325K 1 Issue Summary I 1/11/20051 4:17PM 284,967.54 284,967.54 (207,870.00) 4,731.30 $81,828.84 2.793% 2.928% 3.100% 3/1512005 3/15/2005 Ehlers & Associates, Inc. Leaders in Public Finance Page 3 Resolution No. introduced the following resolution and moved its adoption: Council Member Resolution Providing for the Sale of $2,640,000 G.O. Refunding Improvement Bonds, Series 2005A A. WHEREAS, the City Council ofthe City of Fannington, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,640,000 G.O. Refunding Improvement Bonds, Series 2005A (the "Bonds"), to refinance the $2,325,000 G.O. Improvement Bonds, Series 1998 and the $1,775,000 G. O. Improvement Bonds, Series 1999 of the City; and; B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at City Hall on February 22,2005, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Mayor City Administrator Prepared by Ehlers & Associates, Inc. 10,5 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: Kevin Carroll, Community Development Director SUBJECT: Proposed Resolution Regarding Processing of Annexation Petitions DATE: January 18, 2005 INTRODUCTION City staff is recommending that the City Council adopt a formal written policy regarding the manner in which City staff should handle certain administrative aspects ofthe processing of annexation petitions. DISCUSSION After a series of preliminary meetings and discussions that took place during the first few months of 2002, the City of Farmington and Empire Township agreed in April ofthat year to "reactivate" the Empire/Farmington Joint Planning Board that had previously met periodically between 1996 and 1998. At its first meeting on April 29, 2002, the group decided to change its name to "Empire/Farmington Planning Advisory Committee" [EF-P AC], in part because of a concern that the phrase "joint planning board" might imply that the group has special statutory decision-making authority (which it clearly does not have). The group in question was always intended to be only an advisory body. The second EF-PAC meeting took place on May 16, 2002. As a follow-up to the initial meeting on April 29, one of the topics of discussion at the second meeting involved potential methods of improving communications and interactions between the City and the Township, especially with regard to matters involving annexation. The EF-P AC members discussed a draft of a proposed City Council resolution that City staff had prepared for their review, which addressed certain procedural aspects of the "processing" of annexation petitions received by the City. The EF -PAC members unanimously indicated their collective belief that the adoption of such a resolution would effectively dispel much of the uncertainty that existed at that time regarding how future annexation petitions would be handled by the City. The EF-PAC members therefore felt that the proposed resolution could significantly and immediately improve relationships between the City and adjacent townships. The resolution referred to above was discussed at a joint City CouncillPlanning Commission workshop meeting that was held on May 28, 2002. Two City Council members attended the workshop. One member of the Council (Councilmember Soderberg) was in favor of adopting the resolution, but the other member ofthe Council (Mayor Ristow) was not. Given the lack of a clear City Council consensus on the subject, City staff elected to defer any further consideration of the proposed resolution. However, City staff continued to receive periodic annexation inquiries from the owners of properties located in townships adjacent to the City, which resulted in a continuing need to make staff-level decisions on a day-to-day basis regarding how such inquiries would be handled. Although there did not appear to be unanimous City Council support for the adoption of a formal City Council resolution regarding annexation, the Council did appear to generally support the idea of taking informal steps to improve city/township relationships. Accordingly, during the past 2 ~ years City staff members have been actively encouraging township property owners to discuss their annexation plans or desires with their elected township officials well in advance of the filing of a Petition for Annexation with the City. City representatives (including City staff, City Council members and City Planning Commission members) have also continued to serve on the EF-PAC, and on a similar group that was recently formed to begin discussing development-related issues involving the City and Castle Rock Township. Despite the clear progress that has been made during the last 2 ~ years with regard to city/township relationships, some uncertainties still exist regarding the City Council's general philosophy regarding certain administrative aspects ofthe processing of annexation petitions. The fair and efficient handling of annexation inquiries and petitions by City staff would be greatly enhanced by the existence of a clear written policy that would enable staff to act in a manner consistent with the City Council preferences or expectations. ACTION REQUESTED Motion to adopt the proposed "Resolution Regarding the Processing of Petitions for Annexation." K' in Carro Community Development Director RESOLUTION NO. RESOLUTION REGARDING THE PROCESSING OF PETITIONS FOR ANNEXATION 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 _ day of _, 2005 at P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, from time to time the owners of parcels of property located within townships adjacent to the City of Farmington notify the City of their current or potential interest in having their parcels annexed into the City of Farmington; and WHEREAS, after indicating their initial interest in having their parcels annexed, the owners of such parcels sometimes proceed to file formal Petitions for Annexation with the City; and WHEREAS, neither the Farmington City Code nor any written administrative policy or practice currently utilized by the City provides clear or specific direction regarding certain aspects of the processing of Petitions for Annexation; and WHEREAS, various township representatives have, in the past, indicated their belief that the elected and appointed officials of affected townships have not been given reasonable advance notice of proposed annexations, and that they have not been provided with adequate opportunities to express or convey their opinions regarding such proposed annexations; and WHEREAS, the City asserts that it has, in the past, fully complied with any and all applicable statutory requirements by providing whatever manner of notice may have been required by law, and by conducting whatever public hearing(s) may have been required by law; and WHEREAS, the City is nevertheless interested in working with the adjacent townships to find mutually acceptable ways of improving relationships and interactions between the City and said townships, and the City believes that it can further that objective by (a) formally adopting written procedures regarding the processing of annexation petitions and by (b) expressing the City's continuing interest in effectively managing growth and by (c) indicating the City's interest in preserving this region's agricultural heritage by providing for the continuation of farming operation in those instances where property owners want their land( s) to remain agricultural; and WHEREAS, the City believes that the adoption of clear and specific guidelines regarding the processing of petitions for annexation will benefit City staff members, the City Council, township staff members, township elected officials, township property owners, and the public in general; NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby adopts the following procedures regarding the processing of petitions for annexation, and directs City staffto act in conformance herewith: 1. When the owner of any parcel(s) of property located within a township adjacent to the City of Farmington contacts the City to indicate a desire or intention to file a Petition for Annexation regarding said parcel(s), the City's Planning Division shall direct said owner to discuss the proposed annexation with the town board of said township at one of its regularly scheduled meetings. 2. The Planning Division shall direct the owner of said parcel(s) to provide the Planning Division with reasonable advance notice regarding the date, time and location of any town board meeting(s) at which the proposed annexation shall be discussed. 3. The Planning Division shall direct the owner of said parcel(s) to request that the town board provide the City with written evidence of (a) the town board's consideration of the proposed annexation and (b) the town board's opinion(s) regarding the proposed annexation. Said written evidence shall be in the form of either approved minutes from the town board meeting at which the proposed annexation was discussed or a letter from a duly authorized representative of the town board. 4. The Planning Division shall not request that a Petition for Annexation be placed on an agenda for consideration by the City Council until the Planning Division has received the written evidence referred to in Paragraph #3 above, unless statutory requirements regarding the timely processing of the Petition necessitate that the Petition be considered by the City Council prior to the Planning Division's receipt of said written evidence. A Petitioner's failure or refusal to comply with any of the requirements specified in Paragraphs #1, #2 and #3 above shall be expressly considered by the City Council in connection with its final decision regarding the Petition in question. 5. The Planning Division shall provide the clerk of the affected township with reasonable advance notice regarding the date, time and location of any City Council meeting(s) at which a Petition for Annexation shall be considered, along with a map indicating the location ofthe parcel(s) in question and the name(s) and addressees) of the owner(s) of record of said parcel(s). 6. Prior to any City Council meeting at which a Petition for Annexation is scheduled to be considered, the Planning Division shall provide the City Council with any written evidence that the Planning Division has received regarding the opinion(s) ofthe town board regarding the proposed annexation. This resolution adopted by recorded vote of the Farmington City Council in open session on the day of ,2005. Mayor Attested to this _ day of ,2005. City Administrator I/CL CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M, Scott Elliott B. Knetsch Joel 1. Jamnik Andrea McDowell Poehler Matthew K. Brokl* "Also licensed in Wisconsin (651) 452-5000 Fax (651) 452-5550 *** John F. Kelly Soren M. Mattick Marguerite M. McCarron Gina M. Brandt Brendan 1. Flaherty Author's Direct Dial: (651) 234-6219 E-mail Address:jjau1Ilik@ck-Iaw.com To: Mayor, Councilmembers, City AdministratorW Joel Jarnnik From: Subject: Composition of Boards and Commissions Date: January 18, 2005 At the last Council meeting, a question was raised as to why the City has different numbers of members and appointees on its various committees. As I indicated at the meeting, state laws provide for many of these boards and commissions and there is little consistency in the statutes. Water Board. With regard to the Water Board, the City Code, Section 2-5-1, indicates that the city relies on Minnesota Statutes 412.341 for its authority to create that entity. That section of state law provides that the board or commission "shall consist ofthree members appointed by the council" and that "no more than one member may be chosen from the council membership." Given that the Council does not have the authority to deviate from state law in this instance I recommend the City Code not be amended. BRA. With regard to the Housing and Redevelopment Authority (HRA), the enabling statute, M.S. 469.003, specifies that the authority "shall consist of up to seven commissioners" and that "any member of the governing body of a city may be appointed and may serve as a commissioner ofthe authority for the city." The law further provides that "[t]he council of any city which appoints members of the city council as commissioners may set the terms of office of a commissioner to coincide with the commissioner's term of office as a council member." The Farmington City Code, in Sections 2-28-3 (A) and (D), provides that the Farmington HRA "shall consist of five (5) members" and that "the term of the Council member shall be concurrent with the Council member's City Council term." As indicated by Community Development Director Carroll, the HRA is considering its goals and structure. One option may be to have the HRA also serve as the city's Economic Development Authority (EDA). Under state law, an EDA may be combined with the HRA and may have 3, 5, or 7 members. The creation of the EDA requires passage ofan enabling resolution after a public hearing. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 RAMBLING RIVER CENTER ADVISORY BOARD. Section 2-10-3 of the City Code provides that "[t]he advisory board shall consist of seven (7) members" and "[t]erms shall be staggered so that there shall be continuity on the advisory board. Members shall be appointed for a three (3) year term, each beginning on February 1, providing for a rotation of two (2) members one year, two (2) members the next year and three (3) members the following year, et seq. Members may be reappointed. Effective with this chapter and beginning with appointments in 2005, the following shall occur: two (2) members shall be appointed for a three (3) year term. Each subsequent appointment to follow shall be for a three (3) year term, unless an appointment is made to fill a vacancy then the appointment shall be made for the unexpired term." The Council may want to consider an ordinance code amendment to provide the Council flexibility to appoint "up to" seven members, similar to the HPC (see below). HPC. Section 2-11-3 of the City Code provides that "[t]he City of Fannington Heritage Preservation Commission (hereinafter the "HPC") shall consist of up to seven (7) voting members, adult residents of the City, to be appointed by the City Council." It is at the Council's discretion whether to appoint seven members: the Council could choose to appoint fewer members. The Council may also appoint one or more of its members to the HPC if it chooses. I would not recommend any modification to this ordinance section at this time. The following is a draft ordinance addressing these issues and some possible amendments for Council deliberation. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 2 OF THE FARMINGTON CITY CODE ESTABLISHING BOARDS AND COMMISSIONS, PROVIDING FOR MODIFICATIONS TO THE COMPOSITION OR MEMBERSHIP OF THE HOUSING AND REDEVELOPMENT AUTHORITY AND THE RAMBLING RIVER CENTER ADVISORY BOARD THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 2, Chapter 8, Sections 1 to 4 ofthe Farmington City Code regarding the City Housing and Redevelopment Authority are amended by adding the underlined language and deleting the strikeout language as follows: 2-8-1: AUTHORITY ESTABLISHED: It is hereby recognized that in the City there was created March 18, 1974, a Housing and Redevelopment Authority which it is herein reaffirmed did and continues to exist as an independent administrative authority exercising all of the powers granted to it under MSA 462.445. (Ord. 080-91,4-7-1980) The Dakota County Housing and Redevelopment Authority is authorized to exercise on behalf of the City the powers conferred by MSA sections 462C.01 to 462C.08 including power to issue and sell single-family housing revenue bonds. The HRA shall, upon request of the City Council, make periodic status reports to the City Council regarding the progress of the housing program and bond issue undertaken pursuant to the power conferred hereby. The HRA shall submit the Housing Plan and Program for the City, prepared by the HRA, to the City Council for its approval, prior to submission of said Plan and Program to the Metropolitan Council and Minnesota Housing Finance Agency, respectively. (Ord. 083-149,8-1-1983) 2-8-2: INITIAL APPOINTMENTS: Initial appointments were made to accomplish the rotation of overlapping terms described in subsection 2-8-3(0) of this Chapter. (Ord. 080-91,4-7-1980; amd. Ord. 094-329,4-4-1994) 2-8-3: CRITERIA ADOPTED: The following criteria are hereby adopted: (A) Members; Officers: The authority shall consist of five (5) UP to seven members who shall choose from among themselves a chairperson and a secretary. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 (B) Designated Seats: ORe Up to two seat~ shall be held by a sitting member~ of the City Council. The remaining seats shall be filled by citizens appointed by the Mayor and approved by the City Council. (C) Qualifications: Members shall be citizens of the United States and residents of the City. (D) Terms Of Office: The term of the Council member~ shall be concurrent with the Council member's City Council term and shall expire at the same time as the member's Council term of office. The remaining four (1) members will be appointed to one, two (2), three (3), 8flG four (4). and five (5) year terms initially as determined by the Council at the time of initial appointment. Subsequent appointments to the four (1) seats filled by citizens will be for five (5) year terms. (E) Compensation: The authority shall establish the compensation to be paid members and the reimbursement for personal expenses within the limits prescribed in MSA 469.011. (F) Oath Of Office: Prior to assuming the duties to which first appointed, each member shall take an oath of office. (Ord. 099-438,10-18-1999) 2-8-4: EFFECTIVE DATE: This Chapter becomes effective upon adoption by the Council and upon subsequent publication in the official newspaper. (Ord. 080-91,4-7-1980) SECTION 2. Title 2, Chapter 10, Section 3 ofthe Farmington City Code regarding Rambling River Center Advisory Board is amended by adding the underlined language and deleting the strikeout language as follows: 2-10-3: CRITERIA ADOPTED: The following criteria are hereby adopted: (A)Members; Officers: The advisory board shall consist of UP to seven (7) members who shall choose from among themselves a chair and a vice chair. (B)Designated Seats: All seats shall be undesignated. Membership should reflect the goals and concerns of the Rambling River Center. (C)Qualifications: Members shall be citizens of the United States and shall reside in the city of Farmington, Empire, Castle Rock or Eureka Townships. Members need not be senior citizens. (D)Terms: Terms shall be staggered so that there shall be continuity on the advisory board. Members shall be appointed for a three (3) year term, each beginning on February 1, providing for a rotation of two (2) members one year, two (2) members the next year and three (3) members the following year, et seq. Members may be reappointed. Effective with this chapter and beginning with appointments in 2005, the following shall occur: two (2) members shall be appointed for a three (3) year term. Each subsequent appointment to follow shall be for a three (3) year term, unless an appointment is made to fill a vacancy then the appointment shall be made for the unexpired term. (E)Compensation: Members shall serve without pay, but may be reimbursed for reasonable personal expenses. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 (F)Removal: Members may be removed by the city council. The city council may consider any recommendations from the advisory board or the park and recreation advisory commission regarding the removal of any members. (G)Vacancies: A vacancy shall be filled for the remainder of the term by the city council per city council policy 101-05-1997. (H)Budget: The park and recreation director or designee shall review the annual operating and capital budget with the advisory board. (Ord. 004-509, 6-21-2004) 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. CITY OF FARMINGTON Kevan A. Soderberg, Mayor ATTEST: David M. Urbia, City Administrator SEAL Approved as to form the day of ,2005. City Attorney Published in the Farmington Independent the day of ,2005. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 lIb City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: David Urbia, City Administrator SUBJECT: Council By-laws and Policies DATE: January 18,2005 DISCUSSION Mayor Soderberg and I have reviewed the existing Council By-laws and policies and have . attached some proposed changes. These proposed changes make updates to reflect actual practice and also are some minor housekeeping items. Also attached for your review are Council polices. Here is some additional background information on these attachments: Council Policies: #1 - Council-Resident Complaint Resolution Process (adopted 10/6/97) #2 - Council-Staff Communication Protocol (adopted 10/6/97) #3 - Council Expectations of Staff Work Assignments (adopted 10/6/97) #4 - Council-Management Team Statement of Commitment to Productive Working Relationship (adopted 10/6/97) #5 - City Commission Appointment Process (adopted 10/6/97) #6 - Council MeetinglPublic Hearing Citizen Participation Protocol (effective 1/98, proposed amendment 1/18/05) #7 - Council Workshop Protocols and Purpose (adopted 10/6/97, if workshop date is adjusted, the policy should be amended 1/18/05) Bylaws: Bylaws, Section I, Subd. 5 - Open Meeting Law summary - the City Attorney could provide this briefing at the January 19,2005 Council Workshop. RECOMMENDATION By motion, indicate your approval to amend the Council By-laws and policies. Respectfully submitted, Q L,-~/;n'1 t:C~:;j a v-> David M. Urbia City Administrator COUNCIL POLICY - 01 Council-Resident Complaint Resolution Process The handling and resolution of resident complaints is a very high service priority for council and staff. In order to effectively and efficiently address resident complaints brought directly to Council members, the following procedures and value statements are proposed: a) If a Council member is uncertain as to the proper referring department of a resident service complaint, she or he is encouraged to contact the City Administrator, or if the referring service department is known, the Council member is encouraged to contact the Department Director directly. Consequently, all resident service complaints or process questions should be taken either to the City Administrator or to the affected Department Director to maintain consistency in service communications, accuracy, appropriate management accountability, and general courtesy to the managing director. b) All resident service complaints or concerns are important, however, in order to effectively resolve the issue and maintain consistency in resolving existing service priorities, a reasonable amount of time may be required to address the issue in the order received. In complaint situations where the level of difficulty is high and/or some amount of time is needed to focus organizational resources on the issue, Council members and the respective resident will be updated on the status. c) In situations where either the City Administrator or Department Director is unavailable, leaving a detailed message on voice mail is encouraged. Staff will respond to these messages within a reasonable amount of time, usually within the day or next business day at the latest. d) The reporting Council member will receive service feedback on the complaint by the responding department director/designated staff person or the City Administrator upon resolution or as may be requested by the Council member. e) Once the resident service complaint is brought to the attention of the City Administrator/Department Director, it is expected that staff will handle the issue exclusively to ensure direct communications with the resident, and will handle the issue in question according to the City Code, professional judgment and reasonable service time frames. f) Council members are encouraged to refer the resident to the appropriate department director, or indicate that the administrator or department director will contact them on their respective concerns. Adopted 10/6/97 COUNCIL POLICY - 02 Council-Staff Communication Protocol In order to maintain a consistent, open, and mutually productive relationship, it is encouraged that Council members communicate with the administrator or appropriate department director on all service related issues. It is important that when a service related issue affecting the organization is in question, that the administrator or affected department director is notified to provide Council with a senior level management response. Adopted 10/6/97 COUNCIL POLICY - 03 Council Expectations of Staff Work Assignments All City-related issues will be objectively and professionally reviewed by staff. Staff research and concluding opinions will be based upon all available relevant sources of data, and based upon respective staff expertise. Staff is hired to provide Council with professional expertise on a variety of subjects and issues to be presented in an unbiased, objective manner. Council is free at all times to question staff rationale, process, and procedures issues and associated background information, but should allow staff to exercise their professional judgment with confidence. Adopted 10/6/97 COUNCIL POLICY - 04 Council-Management Team Statement of Commitment to Productive Working Relationship Council and staff roles are mutually supportive and respectful; committed to working together as a team. Keeping communication lines open, mutually respectful and honest are key to a productive, high-quality and mentally healthy work environment. Staff respects Council's role as that of preeminent policy maker on all issues affecting the community. Conversely, Council respects the management team's role as professional, competent managers committed to implementing Council policies in a credible, considered, and objective manner. Adopted 10/6/97 COUNCIL POLICY - 05 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. Adopted 10/6/07 COUNCIL POLICY - 06 Council Meeting/Public Hearing Citizen Participation Protocol POLICY PURPOSE The purpose of this policy is to establish guidelines for citizen participation at public meetings that will ensure that the following Council objectives are achieved. · Welcome and encourage citizen comments on matters of interest or concern · Preserve and promote the accurate exchange of information · Preserve the equal rights of citizens to communicate their views · Provide for an orderly, courteous, and efficient meeting · Provide adequate time for Council to review and consider agenda items COUNCIL MEETING The following Council meeting guidelines are established and shall be enforceable by the Mayor or presiding Council member. The following guidelines may be amended by a majority vote of Council. 1. Questions are to be addressed to Council during the meeting; citizens are encouraged to contact City staff prior to or following the Council meeting for further information. Council is free to call upon or direct a question to staff as necessary or appropriate. 2. A citizen desiring to speak may do so only after being recognized by the Mayor. Upon recognition, the citizen should approach the podium and clearly state hislher name and address. 3. To allow for equal time, citizens are limited to five (5) minutes to address Council. 4. Complaints or concerns expressed during 'Citizen Comments', and not on a regular Council meeting agenda, will be responded to by the next regularly scheduled Council meeting and placed on the Council Agenda. Citizens will receive a copy of the City's response prior to the next meeting. PUBLIC HEARING Citizen testimony, opinions, or questions at a public hearing are encouraged, and are considered by Council in their respective deliberations. The following guidelines are established by Council and are enforceable by the Mayor or the presiding Council member. 1. A member of the City staff will introduce and explain the agenda item. Effective 1/98 Amended 1/05 2. The Mayor will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. A group of persons may select one spokesperson to speak for the group; that person may be granted more time at the Mayor's discretion. 3. A citizen desiring to speak may do so upon recognition by the Mayor. He/she shall approach the podium and state their name and address. Citizens not recognized by the Mayor shall refrain from interrupting a speaker who has been recognized as a matter of general courtesy. 4. Questions should be addressed to tlu~ .MaY8f, Council, atul/8r staff as allpr8priate. Council is free to call upon or redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or following the public hearing to obtain further information. 5. Each citizen will be permitted to address Council once during the meeting. At the Mayor's discretion, second comments may be heard if time exists or if new information is to be presented. 6. After citizen comments have been heard, Council will close the public portion of the hearing and then hold its own discussion on the issue. A decision may be made at this time or postponed until a later meeting. No further public comment on the topic will be allowed unless specifically invited by the Mayor. These guidelines may be amended upon a majority vote ofthe Council. Effective 1/98 Amended 1/05 COUNCIL POLICY - 07 Council Workshop Protocols and Purpose POLICY PURPOSE The purpose of this policy is to establish guidelines and clarify the legislative nature and purpose of a Council Workshop. WORKSHOP DEFINITION Council workshops are special work sessions attended by Council. Designated as special informational opportunities for Council, as a whole, to address, examine, and formulate legislative positions on a variety of complex policy issues affecting the community at local, state, and federal levels. WORKSHOP PROTOCOLS The following guidelines have been adopted by Council to establish an appropriate framework for Council workshops to ensure a productive, team oriented and conducive work session environment. . Because the work sessions are attended by a quorum of the City Council, they are considered public meetings subject to the state Open Meeting Law. Any Council member may request that a workshop be held to discuss a matter, however, items will only be scheduled for a work session by a majority of the Council. The Mayor or Acting Mayor, as meeting chair, shall endeavor to provide all members with an opportunity to participate in workshop discussions. Because Council workshops are primarily held for the benefit of locally elected officials to further study, evaluate, and understand complex community issues and their related policy implications, no official actions will be taken by Council and there may be limits placed on the participation of interested individuals and organizations. Issues to be studied at Council workshops shall be publicly identified and appropriately publicized. Agendas shall be prepared in accordance with the issues to be discussed by Council. Workshop meeting dates, when requested and approved by Council, shall be regularly scheduled for the third Wednesday of each month, except in such cases where a majority of Council determines that a workshop date should be scheduled at some other time. . . . . . WORKSHOP FORMAT As the intent of a Council workshop is designed to facilitate a better understanding of legislative issues before Council, members shall have the opportunity to freely express their thoughts, ideas and concerns in order to fully explore the issues before coming to a final policy position. As Council workshops are conducted as an informal work session, all discussions shall be Adopted 10/6/97 considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. While individual and group positions may be formed as part of this process, no official vote shall be taken. Should Council express consensus of opinion on any given matter under deliberation at a workshop, Council members reserve the right to modify, amend, or change their positions prior to an official vote. PUBLIC INFORMATION STATEMENT 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 a formal expression of the City's position on any given matter. This policy may be amended by a majority vote of Council as deemed necessary and appropriate. Adopted 10/6/97 COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title I, Chapter 5, Section 2 of the Farmington City Code. These by-laws, when adopted, are intended to deal with matters not otherwise covered by State Law, City Ordinance or elsewhere. SECTION I - MEETINGS SUBD.l - Regular meetings of the City Council shall be held on the first (1st) and third (3rd) Monday of each month at 7:00 p.m. The Council will convene at 6:30 p.m. for informal discussions with staff. citizens or other persons on city issues prior to the regular meetings. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall unless otherwise designated. SUBD.2 - Special meetings of the Council may be called by the Mayor or by any two members of the Council by writing, filed with the Clerk. At least 3 days before the meeting, the Clerk shall notify each member of the time, place and purpose ofthe meeting by causing written notice thereofto be delivered to him/her personally if he/she can be found, or if he/she cannot be found, by leaving a copy at the home of the member with some person of suitable responsibility. At least 3 days prior to the meeting, the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that, in the judgment of the Council, require immediate attention. Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each Council member and persons filing a request for written notice. The notice of special meeting shall state the item(s) to be discussed and possibly acted upon. Items not stated in the notice may be discussed, but no action may be taken if any member objects. Any special meeting attended by a majority of the Council members shall be a valid meeting for the transaction of any business that may come before the meeting. SUBD.3 - At the first regular Council meeting in January of each year, the Council shall: (1) designate the depositories of City funds; (2) designate the official newspaper; (3) pursuant to this section, choose an Acting Mayor from the trustees, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City, or in case of a vacancy in the office of Mayor, until a successor has been appointed and ~ualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year - Member serving 3 year of term who received the most votes when elected; Even Numbered Year - Member serving 4th year of term who received the 2nd most votes when elected. SUBD. 4 - Commission appointments, boards and committees shall be made at the second (2nd) regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD. 5 - All Council meetings, as defined by State Law, including special and adjourned meetings shall be open to the public. The City Attorney shall advise the Council, in writing, as to his interpretations of the State "Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his 1 interpretation to the attention of the Council, in writing, and have the subject placed on the agenda for discussion. SUBD. 6 - Council shall adopt such policies that will ensure an orderly, mutually respectful and appropriate public meeting atmosphere conducive to the proper conduct of City affairs and business. Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically the Mayor, or any other such Council member in the absence of the Mayor. Council may adopt such rules as a separate Council Policy and may make such changes in policy as deemed appropriate. SECTION II - PRESIDING OFFICER; RULES OF ORDER SUBD.l - The Mayor shall preside at all meetings ofthe Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose one oftheir members to act temporarily as presiding officer. SUBD. 2 - The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the Council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the Council, and the mover, as well as the seconder, must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his /her second. But a motion, once debated, cannot be withdrawn except by majority vote ofthe Council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member, while speaking, shall confine him/herselfto the question at hand and avoid all personal, indecorous or sarcastic language. E. Whenever any member of the Council desires to speak on any question which affects him/her personally, s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held, the presiding officer, during the open hearing, shall allow any member of the public present, the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the Council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting, the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD.3 - Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. 2 SECTION III - AGENDAS SUBD. 1 - The agenda shall be prepared by the Clerk and shall be closed at noon on the 8StHHla Friaay Wednesday preceding the meeting for publication purposes. Itsm8 may h s aaasa 18 tfts agenaa f8r C800sil asti8n ootil n88n 8ftfts M8naay pfsssaing tfts mssting. Items added after this time must be listed as supplemental and presented to council under the "Approve Agenda" section of the meeting. SUBD. 2 - The Clerk shall pMblieh. submit a copy of the agenda in th.s issMs 8fto the official newspaper and other appropriate media outlets for publication immediately preceding the Council meeting. SUBD. 3 - The agenda packet shall be distributed to the Council by 6:00 p.m. on the Thursday preceding the Council meeting. SUBD. 4 - Any council member can place an item on the agenda by so instructing the Clerk. SUBD. 5 - No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD. 6 - The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed, but no action may be taken if any member objects. SUBD. 7 - A consent agenda may be included as part of the agenda, to be approved by a unanimous vote of the City Council. Items may be removed from the consent agenda by request of the Mayor or Council members. SECTION IV - ORDER OF BUSINESS SUBD. 1 - Each meeting ofthe Council shall convene at the time and place appointed therefore. Council business shall be conducted in the following order: Council convenes at 6:30 p.m. for informal discussions with staff. citizens or other persons on city issues. then recesses upon completion of those discussions until the regular meeting is called to order at 7:00 p.m. (1) Call to Order (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (5-minute limit per person for items not on the agenda) (7) Consent Agenda (All items will be approved in 1 motion with no discussion unless anyone wishes an item removed for discussion). 3 (8) Public Hearings (9) Award of Contracts (10) Petitions, Requests and Communications (11) Unfinished Business (12) New Business (13) Council Roundtable (14) Adjourn SUBD. 2 - The order of business may be varied by the presiding officer, with the scheduled time of a public hearing publicly specified as concurrent with that of the time of the Council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda, or may be varied to facilitate the efficient conduct of Council business. SUBD. 3 - Each person shall be allowed a maximum of 5 minutes to address the Council under Citizen Comments. SECTION V - MINUTES SUBD. 1 - Minutes of each Council meeting shall be kept by the Clerk, or, in his absence, his designee. In the absence of both, the presiding officer shall appoint a secretary pro tern. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records ofthe Clerk and can be accurately identified from the description given in the minutes. SUBD. 2 - The minutes of each meeting shall be reduced to typewritten form, shall be signed by the taker, and copies thereof shall be delivered to each Council member as soon as practicable after the meeting. At the next regular Council meeting following such delivery, approval ofthe minutes shall be considered by the Council. The minutes are placed under the consent agenda. The minutes need not be read aloud, but th8 IJrssiaillg 8f:MSSf Bhall sall f€Jf a member shall request the minutes be pulled from the consent agenda for separate vote if there are any additions or corrections or the member was absent from the meeting and would need to abstain from voting on said minutes. If thSfS is 1i8 €JBjEl€ti€Jll t€J a pf8p€Jsea aaaiti€Jll 8r @8ff@@ti€Jll, it may BEl mad@ ',':ith€Jlit a "€Jt@ €Jfth@ C€Jlill@il. Iftft@F@ iB all €J}}j@@ti8ll, tfts C€Jull@il shall \'8t@ Up€Jll th@ adaiti8ll €If @8Ff@sti€Jll. Ifth@f@ afS ll€J aaaiti8HB 8r @€JffEl@ti8IiB, ths miliutsB shall stalla appf€J':@a. SUBD. 3 - In addition to typewritten minutes, each Council meeting held in the Council Chambers shall be tape recorded. Recordings shall be kept on file in the Clerk's Office in a secure location for a period of 18 months from the date of recording. The door to the recording equipment shall be kept locked except during Council meetings. Executive sessions recorded pursuant to State Law shall follow State guidelines. 4 SUBD. 4 - The minutes shall substantially follow the following format: MINUTES COUNCIL MEETING (REGULAR OR SPECIAL) MEETING DATE 1. Presiding officer, time and place of meeting. 2. Members Present and Absent, time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions, communications, decisions, including a copy of each motion exactly as stated, whether or not the motion had a second and, if so, whether or not it was adopted, and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. SECTION VI - QUORUM AND VOTING SUBD. 1 - At all Council meetings a majority of all the Council members elected shall constitute a quorum for the transaction of business. SUBD. 2 - The votes of members on any question pending before the Council shall be by roll call, except for the following agenda items: approval of the agenda; approval of the minutes; approval of the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis. The names of those voting for and against the question shall be recorded in the minutes. If any member, being present, does not vote, the minutes shall be stated "Abstain: Name." SUBD. 3 - Except as otherwise provided by statute, a majority vote of a quorum shall prevail. SECTION VII - ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND COMMUNICATIONS SUBD.l - If requested by any member of the Council, every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the Council shall be in writing and shall be read in full upon presentation of the same to the Council. They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUBD. 2 - Every ordinance and resolution passed by the Council shall be signed by the Mayor, attested by the Clerk, and filed by him/her in the ordinance or resolution book. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD. 3 - Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof, shall be 5 amended by reference to title alone, but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII - ADMINISTRATOR REVIEW SUBD.l - The City Council shall conduct an annual review of the City Administrator. The procedure shall be substantially as follows: A. The Administrator shall distribute a Council approved evaluation form on or before the anniversary of the Administrator's appointment. B. Council members shall complete the prescribed form and schedule a special meeting to evaluate the Administrator based upon the written evaluations submitted. C. The completed evaluation form shall be submitted to the City Attorney within 21 days from the date the evaluation document is received by Council. D. The City Attorney shall tabulate the results of the evaluation without any reference to individual Council members. E. The City Council shall consider the tabulated results during a regular meeting following the special meeting to evaluate the administrator and may take action accordingly. SECTION IX - BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE SUBD.l - There shall be submitted to the Council at the S@@€JH8. first meeting of January of each year, a performance report of various Boards, Commissions and Councils. SUBD.2 - Reports shall be submitted to the Council on the following citizen involvement Boards and Commissions: Water Board, Planning Commission, Zoning Board of Adjustment (which is the Planning Commission), Parks and Recreation Advisory Commission, Hmllall Rights C€Jmmissi81l, C\ TY "^"8.Vi8€Jf)' Cgmmi88i€Jll, R€l~f€lstati€Jll "\tlvi8€Jl)' C€Jmmissi81l Rambling River Center Advisory Board. Heritage Preservation Commission and Housing and Redevelopment Authority. Reports shall also be submitted to the Council on the following multi-iurisdictional boards: Apple Valley Lakeville Farmingtion (ALF) Ambulance Services Joint Powers Agreement. Vermillion River Joint Powers Organization Board. Metropolitan Urban Service Area (MUSA) Committee. Empire Farmington Planning Advisory Committee (EFP AC). Castle Rock Farmington Discussion Group and Caste Rock. Empire. Eureka. Farmington Enhancement Group (CEEF). SUBD. 3 - Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUBD. 4 - It shall be the goal ofthe Council to meet at least one time per year with each Board and Commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the Council, Board or Commission. SECTION X - AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD.l - Definitions For the purpose ofthis section, the following terms shall have these meanings given them. 6 Authorized Person: The Mayor or any Council member. Authorized Expenditure: Expenditures made on behalf of the City for a public purpose as determined by the City Council. Authorized expenditures shall include, but not be limited to, the following: Travel (except auto mileage within 25 miles), meals, registration, tuition, course materials. Official Function: Any function which is for a public purpose as determined by the City Council. Official functions shall include, but not be limited to, the following: Council meetings outside of the City limits, League of Minnesota Cities functions, training sessions, education courses, official City business, legislative meetings, seminars, meetings where City representation is requested. SUBD. 2 - An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the City Council. B. The Council must be authorized to make the expenditure. C. The money must have actually been spent on the behalf of the City, except as provided under Subdivision 3(C)(2). D. The Council has approved the request to attend an official function except as provided under Subdivision 3(C)(1). SUBD. 3 - Procedure: A. A request to attend an official function, or to request reimbursement for attending an official function shall be submitted to the City Council on an authorized form for consideration as soon as reasonably possible. B. The Council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C) are met, or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for Council action as follows: 1. Reimbursements for expenses may be submitted for Council consideration. 2. The Council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures, and reimburse the City for any unused portion. SUBD. 4 - The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget, provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI - SUSPENSION OR AMENDMENT OF BY-LAWS SUBD. 1 - These by-laws may be temporarily suspended by a unanimous vote of the members present. SUBD.2 - These by-laws shall not be repealed or amended except by a majority vote of the whole 7 Council after notice has been given at some preceding Council meeting. SECTION XII - EFFECTIVE DATE SUBD.l - These by-laws have been adopted by the Council on the 6th day of September, 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/6/83 Effective: 10/3/83 Amended: 8/03/87, 1/21/92,4/20/92,8/17/92,2/01/93, 7/18/94, 9/06/94, 1/17/95, 1/16/96,3/03/97, 11/03/97, 1/05/98, 2/1/99, 1/18/05 8 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.