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Home My WebLink About12.06.04 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 DECEMBER 6, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Swearing-In of Police Officer - Administration b) Acknowledge Retirements Fire Department - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/15/04 Regular) b) Appointment Recommendation Police Department - Human Resources c) Appointment Recommendation Finance - Human Resources d) Set Boards and Commissions Interviews - Administration e) Adopt Resolution - Approve HPC Consultant Contract - Administration t) HPC 2004 Annual Report - Administration g) Capital Outlay - Solid Waste h) Approve Sale of Small Garbage Truck - Parks and Recreation i) October 2004 Financial Report - Finance j) Authorize Use of Eminent Domain Ash Street Project - Engineering k) Proposed Pedestrian Signage - Engineering 1) Approve Annexation Petition! Assessment Agreement - Community Development m) Adopt Resolution Authorizing Initiation of AUAR Process - Giles Development - Community Development n) Reject Tanker Bids and Authorize Re-Advertisement - Fire Department 0) Sale of City Equipment - Fire Department p) Approve Bills 8. PUBLIC HEARINGS a) Truth in Taxation Hearing - Finance Action Taken Pages 1-12 Page 13 Page 14 Pages 15-16 Pages 17-20 Pa~es 21-24 Pages 25-26 Page 27 Pages 28-29 Pages 30-34 Page 35 Pages 36-42 Pages 43-49 Paues 50-51 Pages 52-53 Page 54 Page 55 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Enterprise Fund Rate Analysis - Finance Pages 56-61 11. UNFINISHED BUSINESS a) Main Street Assessment Objections - Finance Pages 62-63 12. NEWBUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING DECEMBER 6,2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Swearing-In of Police Officer - Administration b) Acknowledge Retirements Fire Department - Administration 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/15/04 Regular) b) Appointment Recommendation Police Department - Human Resources c) Appointment Recommendation Finance - Human Resources d) Set Boards and Commissions Interviews - Administration e) Adopt Resolution - Approve HPC Consultant Contract - Administration f) HPC 2004 Annual Report - Administration g) Capital Outlay - Solid Waste h) Approve Sale of Small Garbage Truck - Parks and Recreation i) October 2004 Financial Report - Finance j) Authorize Use of Eminent Domain Ash Street Project - Engineering k) Proposed Pedestrian Signage - Engineering 1) Approve Annexation Petition! Assessment Agreement - Community Development m) Adopt Resolution Authorizing Initiation of AUAR Process - Giles Development - Community Development n) Reject Tanker Bids and Authorize Re-Advertisement - Fire Department 0) Sale of City Equipment - Fire Department p) Approve Bills 8. PUBLIC HEARINGS a) Truth in Taxation Hearing - Finance Action Taken Sworn-In Acknowledged Approved Approved Approved January 15. 2005 R98-04 Information Received Approved Approved Information Received R99-04 Information Received Approved R100-04 Approved Approved Approved Information Received 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Enterprise Fund Rate Analysis - Finance Adjust Rates 11. UNFINISHED BUSINESS a) Main Street Assessment Objections - Finance Pulled until Jan 3, 2005 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN 7et- COUNCIL MINUTES REGULAR November 15,2004 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. Mayor Ristow called for a moment of silence for Sheila Mayhew. She was the receptionist at City Hall for six years and a very dedicated employee. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Cordes, Fitch, Fogarty, Soderberg 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; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Tom Wartman, David Pritzlaff, David McKnight, Steve Wilson, Laura and Mike Pierce, Derek Christensen, Jim Manthey, Ross Heintz, Nick Haugen, Tyler Van Zuilen, John Iskoff, Zach Haugen, Pat Haugen, Neil Michels, JeffIbinger, Brian Lane, J.R. Runyan, Ann Manthey, Randy Oswald 4. APPROVE AGENDA Councilmember Cordes pulled item 7a) Council Minutes 11/3/04 Special to abstain. Item lOe) Enterprise Fund Rate Analysis was pulled for a future agenda. MOTION by Fogarty, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. S. ANNOUNCEMENTS a) Acknowledge Mayor's Service on Council- Administration City Administrator Urbia presented a plaque to Mayor Ristow for his service on the City Council. He served as Councilmember from 1993-1996 and as Mayor from 1997 - 2004. Mayor Ristow thanked all the Councilmembers he has served with and the residents. He was grateful for the employees and staffthat made his job easier. Each Councilmember thanked him for his service. 6. CITIZEN COMMENTS Mr. David Pritzlaff, 20255 Akin Road, thanked the Mayor for his service. Council Minutes (Regular) November 15,2004 Page 2 Mr. Derek Christenson, 5289 203rd Street, spoke regarding the wetland buffer behind his home. He chose his lot for the view. In June there was a sign posted in his backyard noting a wetland buffer. His papers show a drainage and utility easement. He lost 25 feet of land on both sides. He finds it hard to believe the wetland was not established before June. The signs should have been posted. He has weeds six feet beyond his back porch. He is expected to pay taxes on land, and felt he was lied to. Mr. Mike Pierce, 5137 203rd Street, also spoke regarding the wetland buffer. He understood the Engineering department reached a conclusion last Wednesday. The residents disagree with their conclusion. City personnel have been very understanding regarding their situation yet they do not believe this vacation should happen. This situation does not concern just the Middle Creek properties. The residents consulted with real estate agents and were told it would cause a significant decrease in the value ofthe property and decrease the number of buyers they could bring to the property as they are competing with homes in the same price range with a much bigger lot. Attorney fees could not be included in a lawsuit. He felt the Council and Engineering were putting the burden on the residents rather than the builder and developer. The wetland buffer was not shown on the survey. They want to be given a choice to select a piece of property they could develop and enjoy and they do not feel it is fair they should have to take on the attorney fees of$IO,OOO - $20,000. Regarding Councilmembers whose terms are up, he did not feel they would want this left as part of their legacy that all these properties are being forced to encumber these wetland issues. The Councilmembers have achieved great things during their term and wanted Council to look at it compassionately. They feel they are being penalized as residents as opposed to the developer and builder who were given instructions and did not pass them along to the residents. If Council chooses not to do this, they will be sending a message to builders and developers that they can do whatever they wish and when they wish. Staff included information that was part of the Purchase Agreement between the developer and the builder. Several property owners have said they were not informed regarding the buffers. Councilmember Soderberg noted this situation has been corrected for the future as buffers are no longer included in the size of the lot. This change was made in August 2003. There used to be a 300 ft buffer for wetlands. The new ordinance was put in place approximately a year before the August 2003 change. The ordinance change was done after the plat for these properties was approved. Mr. Derek Christensen asked why the signs weren't posted. All the residents moved in and then the signs were posted. They have documents showing drainage and utility easements and they have covenants saying all easements must be sodded. Staff stated the drainage and utility easements are incorporated with the wetland buffer. The survey is used to verify that the lot is graded to the correct elevation. This became an issue with homes when the ordinance was changed. Mr. Christensen stated there is 50 ft. beyond where their lot ends to the pond. Having weeds 6 ft. from the patio ruins the property. Why should he pay taxes on something he was not aware of and have it useless. They are taking 25 ft. away from a 100 ft. lot. Council Minutes (Regular) November 15,2004 Page 3 City Attorney Jamnik stated the ordinance requiring the drainage and utility easement and the buffer was in place at the time the plat was approved. The ordinance was changed after the plat was approved to require the buffer to be located outside ofthe lots. Council saw a 25 ft. drainage and utility easement on the plat. The problem is that the easement in the buffer strip is more restricted than normal drainage and utility easements. You are not allowed to install structures in drainage and utility easements. Because of the wetland buffer there is the additional restriction of not being able to mow and maintain normal sod. Given the problem with making sure the signs went up during development, and stayed up, staff stated this is not working. People were not realizing how restricted the buffer area is. Since 2003 the City has required the buffer area be outside of the lots. The problem with vacating one, Council will be asked to vacate another and on a plat by plat basis. This will defeat the purpose of the buffer strip, which is to provide additional protection and infiltration. Previously, the 50 ft. was outside ofthe platted lot, and 25 ft. was inside of the platted lot. Since 2003, all 75 ft. is outside of the platted lot. There will still be a drainage and utility easement on the back of the lots, but it will not be 25 ft. Mr. Christensen stated they moved in in December and the sign was not posted until June. Mr. Jamnik agreed this should not have occurred. Engineering felt this situation affects 30-40 lots throughout the City. The developer is required to install the signs. If it is winter, and the ground is frozen, then the City will install the signs later. City Attorney Jamnik stated if Council vacates the easement, we would not be complying with the City's wetland conservation ordinance or state standards. He would not recommend a full vacation, and even a partial vacation raises a question if you do it for one lot or all the lots approved in this 3-4 year period. Staff stated the ordinance requires a 10ft. setback from the buffer line. If the wetland vegetation does not take as the City would like, they have gone back and put in the proper type of vegetation. Mr. Pierce stated if the document shows wetland buffer, this was only given to the developer and the builder, not the residents. He understood they are setting a precedent and this affects a lot of homes. He asked who is in charge of enforcing the silt fence and that it stays up during construction. City Engineer Mann stated the builder is in charge of keeping the fence up and the City inspects it and enforces it. Mr. Pierce asked if this was the same person that would be in charge of making sure the monuments are there. They did have a stop work order on their home if the builder did not replace 3 ft. of silt fence that was knocked down by the driveway. If someone is going to be so diligent to make sure the silt fence is up, why did they not look to see if the signs were not posted and that the residents knew the wetland buffer exists. Staff replied that issue could have been raised at that time. Erosion control is also regulated by other state agencies and there is a process in place. Staffhas dealt with the sign issue to varying degrees of success. As far as whether the City can issue a stop work order because of the wetland sign not being up, depends on the how the development contract is worded and state statute. Mr. Pierce stated ifhe builds a deck behind his house, he would have 7 ft. left to the wetland buffer. Councilmember Fitch stated enforcement is continually a problem ifthe people they are meant for continue to ignore the regulations. Council has taken action to rectify the situation of homeowners not being informed by the builders. Part of the residents' Council Minutes (Regular) November 15, 2004 Page 4 argument is not with the City, but with the builder, developer and real estate person as they are representing what they are selling. Mrs. Laura Pierce, 5137 203rd Street, when talking about the silt fence and requiring it remain up, why was that not enforced for the silt fence that should have been in the backyard. The silt fence still remains outside ofthe property line on the east side and to the north. It is 5-7 ft. outside ofthe property line. When they received the final plat for their lot, it was marked in red where the City said the silt fence should be. If the City is going to enforce the silt fence in the front by the driveway and issue a stop work order, why was it not enforced in the back of the property where the wetland buffer would be. There has never been a silt fence along the back, it has always been on the outside of the property to the east and the north. They bought the property when the silt fence was already there and the property was graded flat. Her husband mentioned they had spoken with some attorneys, it would be a great expense to them, and they would win. Winning would mean they would have to move out of their house, the builder would give them their money back, and they would have to start over again. That is not winning when you have built a home, wanted to stay in Farmington, and have children in school and the athletic programs. The suit would be against the builder. City Engineer Mann stated they do not require silt fence around the entire lot. The silt fence is placed where the water would drain off the lot. Staff will review where the silt fence was placed on their lot. Staff agreed that grading should not have occurred within the wetland buffer area. Mr. Tom Wartman, stated with his landscape background, he asked ifthere was a way the 25 ft. would be sodded and additional buffering put at the 25 ft that would help maintain the clear water process. It is a trade-off and some expense to the homeowner, but there is 25 ft. of sod and there is additional buffer that would be permanent and would have to be maintained. Mr. Christensen stated that is what they have been asking for because there is an additional 50 ft. beyond their property. City Engineer Mann stated they will research whether there are other best management practices that would achieve the same affect. They will have to talk with the DNR and Soil and Water Conservation District. It would still require a variance to the ordinance. If there is something that will accomplish the same thing, staff can bring it back to Council. City Engineer Mann agreed they have had problems with builders grading where they shouldn't. Councilmember Fogarty stated she supported the ordinance change a year ago, because she was so frustrated with builders and developers not communicating with residents. She would consider giving them back a part of the 25 ft. if there are some type of plants that would work. She wanted it to stay on their property so they need to maintain it. As homeowners come forward and there is another solution, Council could agree to it and place it back on the homeowners to maintain it. Council Minutes (Regular) November 15,2004 Page 5 Mr. Pierce stated this was one of their options. Mayor Ristow cautioned that if the area is more manicured with less wetland buffer, this allows the water to come up closer to the homes in a heavy rain. Councilmember Soderberg stated they do have wetland buffers outside of the buildable lots. He asked if it would be better for the City to place the signs. If grading is done, then citations could be issued. City Engineer Mann stated staff has installed a lot of signs already and in some cases the signs are up first. With grading taking place, it is hard to keep the signs up. Councilmember Fogarty stated the policy would be, if residents come in, they will have to follow it by whatever precedence is set. City Engineer Mann stated posting the signs is similar to any other item the developer should take care of. If the developer does not complete the item, the City does the work and charges the developer. Staffwill discuss the issue with the DNR and the Soil and Water Conservation District and bring it back to Council. Staffwill also advise how many properties have this wetland buffer. Mr. Steve Wilson, 5342 203rd Street, stated he lives across the street from these residents. He has a number of issues with the builder and developer. He is not a big fan of more government regulation. He was very pleased with his situation as he had a lot of good direction from Sue Miller and the building inspectors. These issues do not surprise him. He almost had his irrigation system and sod installed, and if it had not been for the staff in building inspections, he would not have been aware of the fact he needed 6-8 inches of black dirt put in beforehand. On one hand, he thanked building inspections for being on top of it, but also to point out where reasonable it would be a good idea for Council and Planning Commission that as these developments move forward, to make sure the developers and builders are fully aware of what they need to convey to the homeowners. If it had not been for the good communication with Sue Miller, he would have had an issue himself. He hoped staff would be able to find a workable solution for the residents. 7. CONSENT AGENDA MOTION by Soderberg, second by Fitch to approve the Consent Agenda as follows: a) Approved Council Minutes (11/1/04 Regular) b) Adopted RESOLUTION R92-04 Approving submittal of Application for Landfill Abatement Funds from Dakota County - Parks and Recreation c) Accepted Resignation Heritage Preservation Commission - Administration d) Approved Various Licenses and Permits - Administration e) Approved Heritage Preservation Project - Administration t) Approved Agreement ISD 192 School Resource Officers - Police g) Approved Appointment Recommendation Police Officer - Human Resources h) Acknowledged Retirement Fire Department - Human Resources i) Acknowledged Retirement Fire Department - Human Resources j) Adopted RESOLUTIONS R93-04 and R94-04 Annexations within Southeast Trunk Project Area and Approval of Administrative MUSA - Community Development Council Minutes (Regular) November 15,2004 Page 6 k) Adopted ORDINANCE 004-521 Maximum Driveway Width - Community Development 1) Approved Assessment Agreement - Southeast Trunk Utility and Pond Project - Engineering m) Approved Bills APIF, MOTION CARRIED. MOTION by Fogarty, second by Soderberg approving Council Minutes (11/3/04 Special). APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve 2005 License Renewals - Administration A public hearing was held for renewal of On-Sale Liquor licenses, On-Sale Sunday licenses, Club licenses, On-Sale Intoxicating Malt Liquor and ON-Sale Wine licenses and Therapeutic Massage licenses. The license for B&B Pizza was approved contingent on receiving the Certificate of Insurance. MOTION by Soderberg, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Fogarty approving the above licenses with the contingency. APIF, MOTION CARRIED. b) Adopt Resolution - Certification of Delinquent Municipal Services - Finance According to statute, the City can certify delinquent utility bills to their taxes for a one year assessment for the following year. All residents with delinquent utility bills over 90 days overdue were mailed notices. The notice stated residents may pay these bills prior to November 30, 2004 to avoid certification. There were 655 accounts which totaled $232,637. A number of payments have been received and staff expects to receive more payments. Any bills outstanding after November 30 will be certified to their taxes. Finance Director Roland stated when residents move they should inform the City they are moving and provide a forwarding address. The new owner is left with any outstanding bills from the previous owner. A number ofthe delinquent bills have to do with closing bills that did not reach the previous owner. MOTION by Cordes, second by Soderberg to close the public hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes adopting RESOLUTION R95-04 certifying the delinquent accounts as special assessments to the 2005 taxes ofthe appropriate properties. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Parkview Ponds Preliminary Plat - Community Development The developer for Parkview Ponds is Manley Land Development. This is located south of Autumn Glen. The Murphy property is to the east and City property to the west. The plat contains 147 single family lots on 88 acres. There will be Council Minutes (Regular) November 15,2004 Page 7 several ponds in the area and the material will be used to lift the housing pads. Some of the contingencies have been removed since the Planning Commission. One is the requirement for a second access. The plat contains a second access to the west of the Embers Avenue connection. When the north-south road is built the second access will not be needed. The temporary access will come through the cul-de-sac. A lot will be held for this access. There will be a temporary emergency access to the south connecting with Akin Road. There will be a gate at the entrance. The remaining contingencies include: 1. Provide a 60-foot right-of way and a 32-foot wide street for Street 1 (Embers Avenue). 2. Redesign Street 3 and reconfigure the lots in Block 6 and 7 of Park view Ponds in order to assist Giles Properties in achieving full size lots at the northerly portion of the Giles Properties proposed plat. 3. The trails need to be shown on the plat as required by the Parks and Recreation Director. 4. The developer will meet the requirements suggested by the agencies for NPDES permit governed by the MPCA. The developer will also make every attempt to provide hydrology to the existing wetland on city property west of the Parkland Ponds development. 5. Approval ofa wetland mitigation plan in compliance with the Wetland Conservation Act. 6. The Preliminary Plat approval is contingent on the approval of the construction plans for grading, storm water and utilities by the Engineering Division. Councilmember Fogarty liked the idea that sidewalks and trails were taken into account ahead of time. Councilmember Soderberg asked about the access to the south and if the agreements are in place. Staff replied yes, a neighborhood meeting was held. Councilmember Soderberg noted there was a concern about the hydrology of the City's wetland. Staff replied the developer will do his best to get hydrology over to the wetland. The problem is the developer will have to raise his site quite a bit, which would be more expense. City Engineer Mann noted there is a ditch coming out of the wetland. The developer is willing to fill that ditch in which would impede the water from leaving the wetland. Councilmember Fitch asked if there will be enough setback on the lots along the north-south road. Staff replied there will be a 50 ft. easement for the power line and then the 120 ft. roadway. MOTION by Fogarty, second by Soderberg adopting RESOLUTION R96-04 approving the Parkview Ponds Preliminary Plat with the above contingencies. APIF, MOTION CARRIED. b) Adopt Resolution - Amending Charleswood PUD/Schematic Plan to Allow LowlMedium Density Residential in Medium and High Density Residential Area - Community Development The Charleswood PUD was approved in 1997 showing commercial to the north and then medium to high density and parks to the south. Centex Homes is Council Minutes (Regular) November 15,2004 Page 8 proposing 44 single family lots on 56-foot wide lots. They are also proposing townhomes with 188 multi-family units. 195th Street is to the north and Pilot Knob Road to the east. The 56-foot wide lot will be a new type of housing. There will be 25 foot front yard setbacks. There will be 5 ft on the side of the garage and 10 feet on the house side. Mayor Ristow suggested having garage to garage and house to house. The single family would be adjacent to an existing single family development. This would be a homeowners association and they would take care of sodding the area. Letters have been received from a couple residents in Charleswood asking that this housing style be approved. The PUD would be amended to allow low/medium density within the mediumlhigh density residential area in the northeast portion of the Charleswood PUD. It is contingent on recommendation of approval for the preliminary plat by the Planning Commission on December 14, 2004. The owner ofthe property, Newland Communities, wants to make sure this is approved. If the preliminary plat is not approved, they will go back to the mediumlhigh density. Councilmember Fogarty asked ifit was possible to provide parking by the entrance to Meadowview Park. She also asked ifthere is a trail planned from that entrance to the street. Staff replied there is a parking lot proposed along the gas line easement. There will also be trails throughout the development. The prairie grasses and wildflower plants will be maintained by the homeowners association. A sign will be placed in this area. Mr. Matt Anfang, Centex Homes, stated they proposed the coach home be along Pilot Knob Road. The carriage home would be behind that between the single family and the coach home. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R97-04 approving amending the Charleswood PUD/Schematic Plan contingent upon the recommendation of approval for the preliminary plat by the Planning Commission on December 14,2004. APIF, MOTION CARRIED. c) Consider Pre-Plat Utility Installation - Engineering The developer for the Farmington East First Addition which is the Industrial Park in Castle Rock that has recently come into the City, has requested the opportunity to install utilities before plat approval. The situation in this case is the dewatering operation with the City project is in the same area and the developer would like to take advantage ofthis and has requested to be allowed to install utilities. If Council considers this option, the plans would have to be approved by Engineering to ensure the utilities are built to City standards as with any other project. This is not a residential project, but large lots in an industrial park. Staff does not expect any significant changes with lot lines or street alignments that would create any issues with installing utilities. The developer would put these in at this own risk and the City would require the normal sureties. If the de-watering operation is ended or no longer has any effect on this particular property, staff Council Minutes (Regular) November 15,2004 Page 9 feels it should come back to Council ifthe developer still wants to install utilities prior to plat. City Attorney Jamnik stated because it is non-residential there is much more space per lot as well as with the street right-of-way to cover any mistakes. Councilmember Soderberg asked ifthis will drive the preliminary plat. City Attorney Jamnik replied within a certain amount the utilities will dictate where the streets go and the streets will dictate where the lots are located. Councilmember Soderberg asked if a precedent was being set. He did not want to see a lot of proposals to do things out of order. City Attorney Jamnik replied it is a marginal precedence when there is a large project next door that is de-watering the same area. These are large size commercial and industrial lots. There is plenty of room to move things around for any mistakes. With all of these conditions, it is a departure, but it is a rare instance where you will see another proposal like this that meets all those conditions. Councilmember Soderberg noted if the City is done with de-watering before the utilities are installed, he would rather have the utilities installed after the preliminary plat. Mr. Colin Garvey stated he has been working with businesses on the preliminary plat. Some businesses are undecided. There is also the issue with Canton Court and whether they will come into the City. Otherwise the preliminary plat would have come in two months ago. MOTION by Cordes, second by Fitch to allow the installation of utilities before final platting of the Farmington East First Addition in order for the developer to utilize the de-watering operation of the City's SE Trunk Utility and Pond Project. APIF, MOTION CARRIED. d) MUSA Review Committee Recommendations - Community Development This is the culmination of the MUSA review process. The Seed property has been divided into three sections to show the proposed phasing. The portion of the Christensen property proposed for the school has been labeled Pl. There were four township properties in the second batch of MUS A actions where MUSA was contingent upon annexation. Three of the properties, the Garvey property commercial, the Garvey property residential, and the Murphy property (Giles property) have been annexed. The Rother property has not been annexed. MUSA will be granted for the Herzfeld and Payne properties upon plat approval. This is consistent with the Christensen property (PI). Regarding properties to the west, the committee felt it was premature to recommend MUSA at this time. The Christensen property will be granted MUSA upon removal from Ag Preserve if it will be used for a school. The MUSA allocation map shows which properties are proposed for MUSA in 2006, 2009, and 2012. The American Legion and Frandrup properties are recommended for MUSA immediately. Staff recommended Council allow the MUSA Review Committee to remain in existence by appointing new members in January. There would be 2 from Council Minutes (Regular) November 15,2004 Page 10 Council, 2 from Planning Commission, 2 from School, 2 from Park and Recreation, and staff members. Staff would like to bring this to Council in July. At that time staff can see what the building progress has been. The most permits staff feels they could handle is 600. Councilmember Soderberg requested a MUSA update at the time the quarterly building permit report is presented to Council. Staffwill advise how many ofthe new homes are due to MUSA. Council agreed with having a standing committee. Councilmember Fitch also wanted this update provided to people on the MUSA Committee. He suggested Councilmembers be appointed that have already served on the Committee as it takes a lot of time to come up to speed with the issues. Community Development Director Carroll thanked the members of the MUSA Review Committee and his staff for their hard work on this committee. MOTION by Soderberg, second by Fogarty approving the addition of certain properties to Farmington's Metropolitan Urban Service Area. APIF, MOTION CARRIED. f) Audit Engagement - Finance RFP's were sent to six auditing firms. Staff chose Eide Bailly as the City auditors beginning December 31, 2004 for three years. There would be a three-year option after that. The proposal anticipates a fee of$22,687 in 2005. This includes $1,000 for the final implementation ofGASB 34. MOTION by Soderberg, second by Fogarty accepting Eide Bailly as the City auditors for a three-year engagement beginning December 31, 2004 at the proposed price. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Main Street Assessment Objections - Finance Mr. Colin Garvey has objected to his assessments for his properties in the Main Street area. His objections were based on how the assessments were calculated and whether benefit to those parcels could be justified. Staff and the City Attorney are still in the process of reviewing the objections and will be brought back to Council. The objection stays open until it is resolved. 12. NEW BUSINESS a) Downtown Liquor Store - Finance Staffhas been approached by a retail developer to relocate the downtown liquor store location and expand its size. Mr. Tom Wortman approached the City to relocate the downtown store to the City Center. The proposal is for a 4800 sq. ft. space. The current store has 2300 sq. ft. This would add significant parking space and greater merchandising opportunities. This could take place in June 2005. Councilmember Fitch felt there should be more than one way in and out of the City Center as this will increase the traffic. Traffic control at First Street and Elm Street would help the situation. Mr. Wortman noted improving the road past EconoFoods has helped with some of the traffic. He agreed there are still issues Council Minutes (Regular) November 15, 2004 Page 11 and a traffic light at First Street would help. Council agreed for staff to proceed with the process. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Noted Troop 119 will be doing a Heritage Preservation Project to improve the Middle Creek Cemetery. Council accepted the resignation of firefighers Bob Curtis and Gary Lawrence for 31 years and 21 years. The Community Center survey has been sent out and she encourage residents to return the survey. She thanked the election judges for serving and appreciated their loyalty to the City. There is a resignation from Patrick Garofalo from the HPC and she congratulated him on becoming State Representative. Councilmember Soderberg: The HRA purchased the Blaha building and it is being used temporarily for storage of City vehicles. The HRA looked at the Exchange Bank building and there are plans for improving the upper level. Staff is attempting to distribute HRA packets electronically. He encouraged residents to apply for vacant seats on Boards and Commissions. Councilmember Fitch: officer. Congratulated the Police Chief on hiring a female police Finance Director Roland: Truth in Taxation notices have arrived. The Truth in Taxation Hearing will be held December 6, 2004. Residents are invited to bring their questions or contact staff. Police Chief Siebenaler: The winter parking season is here. Residents should park cars off-street from now until the middle of April. Staffwill be kicking off the Toys for Town drive next week. Packages will be delivered December 18, 2004. City Engineer Mann: An Open House will be held Wednesday for the Ash Street project. Invitations have been sent to residents affected by this project. Mayor Ristow: Thanked everyone for their kind words tonight. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 9:44 p.m. APIF, MOTION CARRIED. Respectfully submitted, sr~ ?-Y7~-J c/ Cynthia Muller Executive Assistant 7i City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 1-) TO: Mayor, Councilmembers, and City Administratorl-lV'.f"-/" ;..,.0. FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Police DATE: December 6, 2004 INTRODUCITON The police department currently has a position shared by two clerical employees, Angela Scott and Marjorie Boese. The City has received notice that Angela Scott will be resigning on December 14, 2004. It is necessary to fill this vacancy as quickly as possible. DISCUSSION It is the intent of the City to eliminate the job-share arrangement and fill the position as a regular full- time clerical dispatcher position. The Police and Human Resources Departments are recommending that Ms. Boese be promoted into that position Ms. Boese has worked for the City since June of 2003 in a part-time capacity as clerical dispatcher and has proven to be a very valuable member of the department. BUDGET IMPACT Funding for this position is authorized in the 2004 budget. RECOMMENDATION Approve the appointment of Ms. Marjorie Boese in the Police Department, effective December 14, 2004. Respectfully Submitted, '~t'4~'~/i'12~t:;-' / .' Brenda Wendlandt, SPHR Human Resources Director cc: file 7~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administratort:~ FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Finance DATE: December 6,2004 INTRODUCITON The recruitment and selection process for the appointment of a full-time Liquor Clerk, to fill a vacant position in the Finance Department, has been completed. DISCUSSION After a thorough review of all applicants for the full-time Liquor Clerk by the Liquor Division and Human Resources Office, a contingent offer of employment has been made to Ms. Kimberly Lomas, subject to ratification by the City Council. Ms. Lomas has an extensive background in the liquor industry. She was employed by the City of Lakeville as a lead liquor sales clerk for 11 years performing a variety of functions. Ms. Lomas meets or exceeds the minimum qualifications for the position. BUDGET IMPACT Funding for this position is authorized in the 2004 budget. RECOMMENDATION Approve the appointment of Ms. Kimberly Lomas in the Department of Finance, effective December 7,2004. Respectfully Submitted, /. /") /,,' ;J ,/ -A./ ,';'/ 1 //jUI0~;-<!i'/~ttl /~tC-_... / Brenda Wendlandt, SPHR Human Resources Director cc: file 7d 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 Administrato~ FROM:r Lisa Shadick, Administrative Services Director SUBJECT: Appointments to Boards and Commissions DATE: December 6, 2004 INTRODUCTION Each year a number of seats on various Boards and Commissions expire on January 31. Traditionally the City Council has interviewed incumbents and new applicants for these positions and ultimately appoints at the second meeting in January. DISCUSSION Articles will be published in the December 9 and December 16, 2004 issues of the Farmington Independent informing residents of the availability of seats on Boards and Commissions. A notice was put in the NovemberlDecember issue of the City Newsletter and information is also posted on the bulletin board on the Government Channel 16 and the City website. The deadline for applications is December 30, 2004. Letters will be sent to incumbents notifying them of the expiration oftheir term and requesting them to reapply if they are interested. The following is a list of terms expiring on January 31,2005: Heritage Preservation Commission 1 - one-year term 2 - three-year terms Park and Recreation Advisory Commission 2 - three-year terms Planning Commission 2- two-year terms Rambling River Center Board 1 - one-year term 2 - three-year terms Water Board 1 - three-year term Housing & Redevelopment Authority 1 - three-year term 1 - five-year term The Council has traditionally interviewed on Saturday morning to accommodate the applicants' schedules. The Council-elect has been notified and agree to the January 15, 2005 date. If it is Council's desire to do so again this year, it is recommended that a special meeting is set for Saturday, January 15, 2005 at 8:15 a.m. Interview periods comprised of IS-minute time slots will be scheduled, and information will be provided to you prior to the meeting. ACTION REQUIRED Set a special meeting of the City Council on Saturday, January 15,2005 at 8:15 a.m. at City Hall to interview incumbents and applicants. Respectfully submitted, i/ ~ // 1/ _ ' ~ ~/, 41WtoLcL Lisa Shadick Administrative Service Director 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: r Lisa Shadick, Administrative Services Director SUBJECT: Adopt Resolution - Historic Preservation Consultant Services DATE: December 6, 2004 INTRODUCTION Attached is a proposed contract for Historic Preservation Consultant Services with Robert Vogel and Pathfinder CRM, LLC. The contract is for the period of January 1,2005 through December 31, 2005 and establishes an annual retainer fee and an hourly wage. DISCUSSION The Historic Preservation Commission has in the past applied to receive CLG (Certified Local Government) Grant Funds. This contract is required to establish an hourly wage, which will be used for in-kind services that Mr. Vogel will provide in conjunction with the grants. The grants are typically used to further our exploration of historic sites in Farmington. BUDGET IMPACT A retainer fee in the amount of $4000.00 is included in the 2005 budget. ACTION REQUIRED Adopt the resolution approving the contract for Historic Preservation Consultant Services. Respectfully submitted, V'I/ 1/ ' p~ / . 411r:rcide- Lisa Shadick Administrative Services Director RESOLUTION NO. R -04 APPROVING THE CONTRACT FOR HISTORIC PRESERVATION CONSULTANT SERVICES Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 6th day of December, 2004 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Historic Preservation Commission has in the past applied for a CLG (Certified Local Government) Grant; and, WHEREAS, this contract is required to establish an hourly wage which will be used for in-kind services provided by Mr. Vogel in conjunction with the grant; and, WHEREAS, Mr. Vogel will be paid $4,000 in a lump sum at the beginning of the year 2005; and, WHEREAS, the grant will be used to designate historic sites throughout the City. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby approves the Contract for Historic Preservation Consultant Services. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 6th day of December 2004. Acting Mayor Attested to the _ day of 2004. City Administrator SEAL CONTRACT FOR HISTORIC PRESERVATION CONSULTANT SERVICES CITY OF FARMINGTON THIS CONTRACT made and entered into as of this 6th day of December 2004, by and between the City of Farmington, Minnesota, herein referred to as the "City," and Pathfinder CRM, LLC, herein referred to as the "Consultant." WITNESSETH THAT WHEREAS, the City is desirous of retaining professional historic preservation services on an as-needed basis, and; WHEREAS, the Consultant is a qualified historic preservation professional. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the City and Consultant as follows: I. SCOPE OF SERVICES The Consultant will provide the following services on an as-needed basis as determined by the City Administrator: A. Advise the City on matters relating to historic preservation planning and identification, evaluation, registration and treatment of historic resources; B. Attend up to six public meetings of the Heritage Preservation Commission and/or the City Council, upon the request ofthe City Administrator; C. Provide public information, education, and technical assistance to owners of properties designated or determined eligible for designation as Farmington Heritage Landmarks; and D. Review development plans and applications for city permits to determine their impacts on significant heritage resources. II. COMPENSATION A. The City will pay the Consultant to provide the services as outlined in A, B, C and D above, an annual retainer of $4000.00 to be paid in a lump sum at the beginning of the year 2005. B. The city may pay such additional Consultant compensation at the rate of fifty dollars ($50.00) per hour for additional work which may be specifically authorized by the City Council. III. COMMENCEMENT AND TERMINATION This contract shall run from January 1, 2005, until December 31,2005. The contract may be renewed upon a passing motion by the City Council. Notwithstanding the foregoing provisions, either party may terminate this contract on thirty (30) days written notice to the other party. IV. INDEPENDENT CONSULTANT STATUS The Consultant is an independent contractor and is not a City employee. IN WITNESS HEREOF, the parties have set their hands on this 6thday of December 2004. CITY OF FARMINGTON BY: LaCelle Cordes, Acting Mayor BY: David Urbia, City Administrator BY: Robert Vogel, Consultant /f" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us /\. TO: Mayor, Councilmembers, City Administrator j:)U1 '^'- FROM: Lisa Shadick, Administrative Services Director SUBJECT: Heritage Preservation Commission 2004 Annual Report DATE: December 6, 2004 INTRODUCTION The Heritage Preservation Commission is required by ordinance to make an annual report to the City Council. DISCUSSION Attached is the annual report submitted to the State Historic Preservation Office for the purpose of documenting the City's performance as a Certified Local Government (CLG). The report contains information on the activities ofthe HPC during the Federal fiscal year which began October 1,2003 and ended September 30, 2004. ACTION REQUIRED This is for your information only. Respectfully submitted, J '/I. -// ' ~ . . <r/L?'~~ Lisa Shadick Administrative Services Director CITY OF FARMINGTON CERTIFIED LOCAL GOVERNMENT FEDERAL FISCAL YEAR 2004 ANNUAL REPORT 1bis document summarizes historic preservation activities in the City of Farmington, Dakota County, Minnesota, during Federal fiscal year 2004 (October 1, 2003, to September 30, 2004). The information presented in the annual report is required by the State Historic Preservation Office (SHPO) in partial fulfillment of the city's obligations as a Certified Local Government (CLG) under the National Historic Preservation Act of 1966, as amended. 1. National Register Nominations No historic properties in Farmington were nominated to the National Register of Historic Places during the fiscal year ending September 30, 2004. Thee properties (D. F. Akin House, Episcopal Church of the Advent, and the Exchange Bank Building) are currently listed in the National Register. The former Chicago, Milwaukee, St. Paul & Pacific railroad depot was placed on the National Register in 1979 but was removed after the building was demolished in 1982. 2. Farmington Heritage Landmark Designations Title 2, Chapter 11 of the City Code provides for the registration of Farmington Heritage Landmarks, a form of overlay zoning. Heritage Landmarks are nominated by the Heritage Preservation Commission and designated by City Council ordinance after a public hearing. Three properties were designated Farmington Heritage Landmarks during the fiscal year ending on September 30, 2004: . Episcopal Church ofthe Advent, 412 Oak Street . Exchange Bank Building, 344 3rd Street . D. F. Akin House, 19185 Akin Road To date, eight historic properties have received Heritage Landmark designation. 1 , \ 3. Permits Reviewed By ordinance, a Certificate of Appropriateness (COA) is required before a city permit can be issued to demolish or move a registered heritage landmark; a COA is also required for new construction and excavation work that may effect the integrity of a heritage landmark. Under the amendment to the city zoning ordinance passed in 2002, the HPC also reviews and comments on applications for demolition permits in relation to properties designated or determined eligible for designation as heritage landmarks. While no COA applications were received during the fiscal year ending September 30, 2004, the HPC reviewed and commented on development plans for the Spruce Street Corridor and the McVicker property on 3rd Street. 4. Heritage Preservation Commission The HPC is a seven-member citizen advisory commission appointed by the City CounciL The commission held regular meetings on: . October 23,2003 . February 19,2004 . April 15, 2004 . May 6, 2004 . July 22, 2004 . September 16, 2004 On September 30, 2004, the HPC membership was as follows: John Fortney (chairperson), Bev Preece (vice chairperson), Ed Samuelson (secretary), Patrick Garofalo, Jonathan Robertson, Tim Burke, and Nathan Estep. Tim Rice, an architect and former Farmington resident, and David Shrier, representing the Dakota County Historical Society and the Farmington Area Historical Society, served as ex-officio, non-voting members. The HPC was staffed by Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant; and Robert C. Vogel, Preservation Planning Consultant. 5. Historic Resources Survey The HPC maintains a comprehensive inventory of historic buildings, structures, sites, objects, and districts within the city limits. In 1996, the HPC initiated a systematic survey of historic resources based on the recommendations of the 1995 Historic Context Study. In July, 2004, the City completed a survey of rural historic properties, funded in part with a $4,000 CLG grant (Federal Grant no. 27-03-18223.006). 2 6. Public Participation & HPC Records All meetings of the HPC are open to the public in accordance with the Minnesota Open Meeting Law. HPC meeting agendas and notices are posted in public places and all minutes of meetings are placed on file for public examination. All of the HPC records are permanently archived at City Hall and treatment of commission records follows procedures established by state statute. 7. Minnesota Preservation Conference HPC member Beverly Preece represented the City of Fannington at the annual conference for Minnesota preservation commissions in St. Cloud on September 24-25, 2004. Attendance at the conference is required for Minnesota cities that wish to retain their Certified Local Government status. 8. Other Activities . On October 10,2003, HPC members and community volunteers planted donated shrubs as part of a site enhancement project at the historic Middle Creek Cemetery . . As part of its Preservation Week program (May 3-19), the HPC presented its annual Heritage Preservation Award to retired HPC members George Flynn and Jackie Dooley in recognition of their years of volunteer service and work in historic preservation. . For the third consecutive year, trolley tours of historic neighborhoods were offered as part of the city's annual Dew Day community celebration on June 26. This report was prepared by Robert C. Vogel, Preservation Planning Consultant. For more information about historic preservation in the City of Fannington, contact Lisa Shadick, City Hall, 325 Oak Street, Fannington, MN 55024. 3 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 Admjnistraro~ ~ FROM:r Randy Distad, Parks and Recreation Director SUBJECT: Capital Outlay - Solid Waste DATE: December 6, 2004 INTRODUCTION Solid Waste will be receiving a cardboard compactor shortly that will require the purchase of some additional capital equipment. DISCUSSION On December 15,2004, a cardboard recycling compactor will be delivered by Liberty Diversified Industries (LDI) in accordance with the Agreement that the City Council had previously approved with LDI at its September 7,2004 meeting. Staff has prepared the Solid Waste side of the Central Maintenance Facility for the cardboard compactor. However, there is still a need to purchase a skidster and scrap grapple bucket in order to be able to load the cardboard into the compactor after it has been collected and dumped from a truck. Staff would like to propose that Solid Waste purchase the skidster that the Parks Division currently leases from Carlson Tractor in Rosemount. The 3 year lease expires at the end of 2004 and can be purchased outright from Carlson Tractor for $16,300.00. The Parks Division will be entering into a three year lease on a new skidster from Carlson Tractor in January of 2005. Staff is recommending the purchase of the skidster by Solid Waste for the following reasons: 1. The cost to purchase a new skidster is about $28,000.00 and purchasing the leased skidster will save the City about $12,000.00. 2. The City previously leased the skidster for three years as a new piece of equipment. There has been no previous owner of the skidster and so City staff have been the only operators and have a great working knowledge about the condition and previous use of the skidster. 3. It has a low number of hours and is in excellent condition. 4. The Fleet Maintenance Supervisor has been performing routine maintenance on the skidster for the past three years and so is knowledgeable about the skidster. The Fleet Maintenance Supervisor feels that the skidster is in excellent condition. 5. Carlson Tractor has agreed to perform a full warranty inspection and will correct any maintenance issues at no cost prior to the City purchasing it. The scrap grapple bucket will be mounted on the front of the skidster. After the cardboard has been dumped on the ground at the Central Maintenance Facility, then the scrap grapple bucket will be used to grab and carry the cardboard and put it into the compactor. The cost to purchase the scrap grapple bucket will be $2,500.00. BUDGET IMPACT Total cost of purchasing the leased skidster from Carlson Tractor and the scrap grapple bucket will be $18,800.00. Staff is proposing that the money to purchase these two pieces of equipment would come from the $42,500.00 that was received from the sale of the small garbage truck. ACTION REOUESTED By motion approve the purchase of the leased skidster from Carlson Tractor and the scrap grapple bucket in the amount of $18,800.00 with payment for these two pieces of equipment coming from the proceeds received from the sale of the small garbage truck. -V"t~ll1JJl(J ~ad, Parks and Recreation Director cc: Benno Klotz 7A City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Sale of Small Garbage Truck DATE: December 6, 2004 INTRODUCTION City staff has twice advertised the sale of a 2002 Freightliner Chassis with a Heil Automated . Refuse Packer (small garbage truck) from the Solid Waste fleet. DISCUSSION On two separate occasions, the City has advertised in the Farmington Independent and direct mailed an advertisement announcement to other Solid Waste haulers about the sale of the small garbage truck in the Solid Waste Division's fleet. On both occasions, the City did not receive a sealed bid. When the City did not receive a sealed bid after the second advertisement, staff directly contacted four potential parties about submitting a offer to the City for the purchase of the small garbage truck. Three of the four parties contacted stated that they would offer no more than $40,000.00 for the truck. The fourth party that was contacted, Elliott Equipment Company of Davenport, Iowa has offered to purchase the vehicle from the City for $42,500.00. BUDGET IMPACT In a separate capital outlay memo to the City Council, staff members are proposing that $18,800.00 from the sale of the small garbage truck be used to purchase a skidster and box grapple hook for cardboard recycling. Ifthe purchase of the skidster and box grapple hook are approved, the remaining $26,700.00 from the sale of the small garbage truck would be returned to the Solid Waste budget reserves. ACTION REQUESTED By motion, approve the sale of the 2002 Freightliner Chassis with a Heil Automated Refuse Packer to Elliott Equipment Company in the amount of $42,500.00 ~es e.ctfullY Submitted, '- . iJ;W Randy Di ad, Parks and Recreation Director cc: Benno Klotz, Solid Waste Supervisor ~' CITY OF FARMINGTON SUMMARY OF REVENUES OCTOBER 31, 2004 83.33 % Year Complete ))$UOSl1tr))i J~URg~NJr ))i $ $ $ ... :1:::llril;IIIIIIIIIII:I::i:i:I::~'i:::I::::::I:I:::: lilllllll'II.I:i % $ % GENERAL FUND Property Taxes Licenses/Permits Fines Intergovernment Revenue Charges for Service Miscellaneous Transfers Total General Fund 3,544,462 1,626,527 1,156,976 36,115 668,098 78,100 11,702 64,863 322,000 209,102 383,542 365,200 25,362 168,060 380,500 53,520 283,842 310 000 25 833 258 333 6157238 361,634 3 453 265 45.89 1,713,656 53.75 57.75 1,191,896 94.59 83.05 55,032 68.70 119.11 480,415 98.91 46.02 158,380 44.14 74.60 243,799 73.77 83.33 188 650 83.84 56.08 4031 828 68.01 SPECIAL REVENUE HRA Operating Fund 27,500 1,080 305,944 1112.52 10,023 36.45 Police Forfeitures Fund 8,050 238 6,365 79.07 11 ,791 117.32 Park Improvement Fund 147,500 10,717 189,564 128.52 51,841 33.99 Recreation Operating Fund 257,500 5,793 218,260 84.76 91,174 36.11 ENTERPRISE FUNDS Ice Arena 247,500 9,761 150,965 61.00 112,816 47.34 Liquor Operations 3,110,000 254,335 2,453,694 78.90 2,241,485 78.95 Sewer 1,383,000 62,322 1,025,439 74.15 1,118,336 86.16 Solid Waste 1,409,000 85,357 1,202,545 85.35 955,455 70.33 Storm Water 265,000 15,292 229,389 86.56 221,739 85.28 Water 1 790 000 111304 1 160788 64.85 1 290 330 72.09 Total Revenues 14802288 917833 10396,218 70.23 10136818 71.62 CITY OF FARMINGTON SUMMARY OF EXPENDITURES OCTOBER 31,2004 "PMc.!Nlf ::i:lllllllilll.llljililllllilllllllil i':llrlill ... .... .. .......... ::::: :.: ...;.....: ':,,:;:;:;:: .......................... ........................... .......................... ...........2004:.... f~: ~:~:~r:~:~:r:.... . . ,: :" .:~rr:~:~:~ GENERAL FUND % $ % Legislative 65,628 4,245 52,774 80.41 59,433 81.15 Administration 430,634 32,565 346,991 80.58 418,961 90.67 Human Resources 185,833 17,148 161,926 87.14 124,259 79.38 MIS 62,710 6,335 37,693 60.11 63,600 68.88 Elections 10,875 279 3,638 33.45 0.00 Communications 59,848 4,024 52,102 87.06 38,537 53.28 Finance 391,837 30,433 339,012 86.52 316,189 84.83 Planning/Zoning 173,259 17,458 149,636 86.37 121,202 78.01 Building Inspection 370,674 29,526 311,926 84.15 302,154 88.99 Community Development 99,068 6,632 72,834 73.52 143,700 164.51 Police Administration 526,640 45,579 449,936 85.44 426,931 89.63 Patrol Services 1,161,248 110,948 1,076,420 92.70 989,606 86.67 Investigation Services 261,204 19,409 205,462 78.66 143,415 86.28 School Liason Officer 0.00 64,676 83.55 Emergency Management 1,600 23 2,052 128.25 690 43.13 Fire 397,955 124,828 347,961 87.44 343,026 92.46 Rescue 42,033 608 29,664 70.57 29,207 61.24 Engineering 266,816 25,517 262,857 98.52 249,079 86.57 G.I.S. 9,333 14 4,334 46.44 3,129 76.32 Streets 445,612 37,728 454,149 101.92 409,961 96.21 Snow Removal 97,858 5,738 59,044 60.34 50,413 62.09 Signal Maint 101,000 13,216 81,382 80.58 70,034 74.82 Park Maint 263,005 27,567 287,618 109.36 311,851 103.03 Tree Maint 117,946 5,062 52,885 44.84 42,302 82.15 Building Maint 125,060 8,593 78,536 62.80 97,486 88.17 Recreation Programs 309,412 29,233 322,446 104.21 319,918 105.25 Outdoor Ice 7,150 38 3,368 47.10 3,850 52.38 Transfers Out 173,000 129750 75.00 0 0.00 Total General Fund 6157238 602 746 5 376 396 87.32 5 143609 86.76 SPECIAL REVENUE HRA Operating 43,180 2,482 277,958 643.72 69,672 91.03 Police Forfeitures Fund 8,050 600 9,666 120.07 4,851 60.26 Park Improvement Fund 134,500 60,360 254,224 189.01 138,865 103.25 Senior Center 126,650 9,835 117,462 92.75 116,126 94.74 Swimming Pool 134,180 1,772 132,157 98.49 124,064 104.07 ENTERPRISE FUNDS Ice Arena 262,516 20,998 228,441 87.02 217,493 86.77 Liquor Operations 2,870,758 258,489 2,382,899 83.01 2,090,783 76.68 Sewer 1,653,162 101,011 1,022,472 61.85 920,906 70.92 Solid Waste 1,413,142 111,581 1,168,489 82.69 1,096,337 77.50 Storm Water 324,323 12,394 223,520 68.92 174,206 82.86 Water Utility 1,247,822 50 846 645 601 51.74 879,262 82.40 Total Ex enditures 14,375,521 1,233,114 11,839,285 82.36 10,976,174 82.18 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /' J TO: Mayor, Councibnembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Authorize Use of Eminent Domain Ash Street Project DATE: December 6,2004 INTRODUCTION A temporary construction easement is needed from the parcel at the south east comer of CSAH 50 and TH 3 currently occupied by Ray's Cars and Collectables. This easement is necessary to jack the sanitary sewer line across TH 3 as part ofthe Ash Street project that will commence in the Spring. DISCUSSION Staff has been in contact with the property owner and is in the process of working out an agreement for the acquisition of the necessary easements (see attached easement drawing). As of the writing of this memo, an agreement is not yet finalized. At this time, it is recommended that the Council authorize staff to initiate the condemnation "quick take" process for the easements needed, to insure that the City can begin the Ash Street utility construction at the beginning of April, since the quick take process takes 90 days. Staff will continue to work with the property owner with the goal of reaching an agreement for the easements before acquiring the easement through the quick take process becomes necessary. BUDGET IMPACT A settlement with the property owner for the easement would be funded as part of the Ash Street project costs. ACTION REQUESTED Adopt the attached resolution authorizing condemnation of property for public uses with the "quick take" provisions of Minnesota Statute Section 117.042. If an agreement is reached before the 90 days are up and the City needs to take possession of the easements, the quick take provision will not need to be utilized. Respectfully Submitted, ~rn~ Lee M. Mann, P.E. 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I , .. , , ----- -> > , (.:, CITY OF FARMINGTON RESOLUTION NO.: RESOLUTION AUTHORIZING CONDEMNATION OF EASEMENT FOR PUBLIC PURPOSES WHEREAS, the City Council ofthe City of Farmington does hereby determine that it is necessary and for a public use and purpose to acquire the temporary easement legally described on the attached Exhibit "A", subject to engineering modifications, if any, for temporary construction purposes in connection with the Ash Street Pond Project, City Project No. 2004- 047; and WHEREAS, City staff and consultants have and will continue to work with the property owner( s) to acquire the easement; and WHEREAS, the City Council finds that development and construction conditions related to the area rnake it necessary to acquire title to, and possession of, the easement as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner; NOW, THEREFORE, be it resolved by the City Council of the City of Farmington, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the temporary construction easement legally described on the attached Exhibit "A", subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interest pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and the City Administrator are authorized to execute all documents necessary, in the opinion ofthe City Attorney, to effect the acquisition of the necessary property interests. 115317 ADOPTED this City of Farmington. day of ATTEST: David M. Urbia, City Administrator 115317 , 2004, by the City Council of the Gerald G. Ristow, Mayor EXHIBIT "A" TEMPORARY EASEMENT DESCRIPTION: A temporary easement over, under and across that part ofthe north 176.00 feet ofthe west 247.67 feet of the Northwest Quarter ofthe Northwest Quarter of Section 5, township 113, Range 19, Dakota County, Minnesota, described as commencing at the intersection of the west line of said Northwest quarter of the Northwest quarter of Section 5 with the south line of said north 176.00 feet; thence on an assumed bearing of South 89 degrees 45 minutes 26 seconds East, along said south line ofthe north 176.00 feet, a distance of97.26 feet to the point of beginning ofthe easement to be described; thence continuing south 89 degrees 45 minutes 26 seconds East, along said south line ofthe north 176.00 feet, a distance of20.01 feet; thence North 1 degree 46 minutes 38 seconds West a distance of23.93 feet; thence North 25 degrees 19 minutes 43 seconds East a distance of 52.86 feet; thence North 64 degrees 40 minutes 17 seconds West a distance of 19.43 feet to the easterly right of way line of State Trunk Highway No.3; thence South 44 degrees 07 minutes 34 seconds West, along said right of way of State Trunk Highway No. 3, a distance of37.40 feet to an angle point in said right of way line; thence southerly, along said right of way line, a distance of 53.10 feet to the point of beginning. Said temporary easement will be for a term of eight (8) consecutive weeks, within a twelve (12) month period dating from October 1,2004 to September 30,2005. 115317 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~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Proposed Pedestrian Signage DATE: December 6, 2004 INTRODUCTION Staff has received a request for a marked pedestrian crossing on Evensong Avenue at Everest Path. DISCUSSION The intersection of Everest Path and Evensong Avenue is a tee intersection with Evensong Avenue being the through street and Everest Path creating the tee with a full stop condition. The trail entrance to Meadowview Park is at this intersection and there is a standard 5 foot sidewalk immediately across the street along the south side of Everest Path. The City's traffic engineer and Chief of Police have reviewed this request and concur that pedestrian signage is appropriate in this intersection. Based on the staff review and the fact that the signage and markings are not regulatory, staffwill plan to have the signage and markings installed as weather permits. BUDGET IMPACT The funds to cover the cost ofthe marked pedestrian crossing are available in the 2004 budget. ACTION REQUESTED For Council information. Respectfully Submitted, ~Yl1~ Lee M. Mann, P.E., Director of Public Works/City Engineer cc: file 71.. 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 ~L,-- FROM: Kevin Carroll, Community Development Director SUBJECT: Authorize Staff to Draft a Joint Annexation Resolution or Orderly Annexation Agreement for the Property Located at 3291 - 213th Street (Cumpston Residence, Currently Located in Empire Township) DATE: December 6, 2004 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 of the 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. The City Council might want to express its appreciation for this example of prompt and courteous intergovernmental cooperation on the part of Ms. Krippner, Mr. Holmes and the entire Empire Township Board of Supervisors. At this time, staff is asking for authorization to prepare a draft of a joint annexation resolution or an orderly annexation agreement involving the property in question. This proposed resolution or agreement would then be provided to the Empire Town Board for its review, possibly at its next meeting on December 14. If the Town Board approved and signed the document, it would be subsequently placed on a City Council agenda for the Council's review and approval, possibly at its meeting on December 20. The document would be filed with the State Office of Boundary Adjustments after it had been formally approved by the Township and the City. RECOMMENDATION Motion to retroactively approve an emergency connection to City sewer and water services for the Cumpston residence at 3291 - 213th Street in Empire Township, and to authorize staff to prepare a draft of joint anne tion resolution or orderly annexation agreement for the property in question. cc: Jeffrey and Jaime Cumpston Kathleen Krippner, Empire Township Clerk Dean Johnson, Empire Township Planning Consultant IJ [ill] IT] ITID ~ 12th Street .... Q) Q) L. .... (/) ~ .... M .-l N g 0. ..... :c C> en c: c: E :3: rn ~ u.. '+- ~ o .i5.. ~ E <:3 w D~ ..... QJ QJ u.. 0 00 .... CD 0 CD v L. .... 0 U) .c 0 v .... "" .... N .... 0\ N "" PETITION FOR ANNEXATION AND UTILITY SERVICE CONNECTION/ASSESSMENT AGREEMENT- 3291 213TH STREET In the Matter ofthe Petition by Jeffrey A. Cumpston, and Jaime L. Cumpston Property Owner(s) for annexation ofland to the City of Farmington pursuant to Minnesota Statutes Chapter 414 To: The City Council of the City of Farmington, Minnesota Copies to: Empire Township Board 3371 197th Street W. Empire Township, MN 55024 Dakota County Board of Commissioners 1590 West Highway 55 Hastings, MN 55033 Minnesota Planning Municipal Boundary Adjustments 658 Cedar Street, Suite 300 S1. Paul, Minnesota 55155 By signature hereunder, petitioner(s) affirm that he/she (they) is (are): /.. the sole property owner(s) of the area proposed for annexation; or all of the property owners of the area proposed for annexation; or a majority of the property owners of the area proposed for annexation. It is hereby requested that the City of Farmington annex the property herein described and now located in the Town of Castle Rock, Dakota County, Minnesota: See Exhibit A. exation is being sought for the purpose of receiving sewer, water, and other icipal services from the City. Upon annexation proceedings being petitioned for, the City will authorize connection to city services and will assess the property the amount of eleven thousand, six-hundred thirty dollars ($ 11,630) as detailed on Exhibit B. The assessed amount shall be assessed against the property over a fifteen (15) year period and shall accrue interest at the rate of six and one-half percent (6.5%) per annum. Prepayment of the initial amount or any remaining amounts shall be allowed in accordance with state statutes and city policies. The Assessments shall be deemed adopted on the date this petition is signed by the property owners and accepted by the City. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. S 429.081. Dated: Ii - Z "3 , 2004. Signature(s) ofPetitioner(s) ~'~ "-------- .J~ Ixfou- rvu on fl~/,231d-ML( ~d. Akt~ 11/)-3/01( ~Mf,^f,' LISA A. SHADICK ~ NOTARY PUBLIC-MINNESOTA { ~ My Commission expires Jan, 31. 20QR :~: ./'""V"A,',,,,';,' EXHIBIT A That part of the Northwest Quarter of the Northwest Quarter (NW Y4 ofNW Y4) described as commencing at the Southwest comer thereof; thence East along the South line of the said Northwest Quarter of the Northwest Quarter (NW Y4 ofNW Y4) 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 feet (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 Y4 ofNW Y4); 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. EXHIBIT B Assessment Amount: 213tb Street Improvements: MCES SAC Fee: City SAC Fee: City WAC: Water Meter: Sewer & Water Permit: Water Treatment Plant Fee: $8,200.00 $1,350.00 $390.00 $683.00 $307.00 $130.00 $570.00 $11,630.00 7h? 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 jJv--- FROM: Kevin Carroll, Community Development Director Lee Smick, City Planner 'f~ f SUBJECT: Adopt Resolution - Authorize Commencement of AUAR Process - "East Central" Properties DATE: December 6,2004 INTRODUCTION Residential development will soon be commencing on several parcels in the "east central" portion of Farmington. Similar development is expected on various nearby parcels. The overall scope of this anticipated development activity is such that some level of formal environmental review will be required. City staff members consider an Alternative Urban Area-Wide Review (AUAR) to be the best mechanism for addressing environmental issues in this instance. The Council's permission to initiate an AUAR is desired. DISCUSSION Several properties located in the "east central" portion of Farmington (east of Akin Road, south of the future alignment of 1 95th Street, west of Highway 3, and north of the future alignment of208th Street) participated in the recently-concluded MUSA review process. These properties included the Giles Development parcels (Ql, Q2 and 8 on the attached MUSA map), the Harris parcel (6), the Rother parcel (9), and the Herzfeld and Payne parcels (T and U). The three Giles Development parcels consist of a total of 350 acres. Two parcels were granted MUSA in 2004 (Ql and 8) and the other parcel was included in a phasing plan under which it was slated to receive MUSA in 2006 (Q2). Giles Development has indicated its desire to immediately proceed with whatever type of environmental review may be desired by the City and/or required by local and state agencies. One of the remaining properties referred to above was not recommended for MUSA at this time (Harris, 132 acres). The remaining properties are slated to receive MUSA upon annexation (Rother, 56 acres) or upon the approval of a preliminary plat (Herzfeld and Payne, 10 and 5 acres, respectively). Although these parcels are therefore not available for immediate development, the owners have (through their participation in the MUSA process) clearly demonstrated an interest in having their properties developed in the near future. Any such development could potentially require a formal environmental review of the type that Giles Development is about to embark upon. Questions therefore presently exist regarding (a) the type or level of environmental review that will be required for the "east central" properties referred to above, and (b) which parcels will be involved in any such review. The Minnesota Environmental Policy Act recognizes that development activity has a profound and often adverse impact on the environment. The Act therefore requires that large-scale developments be analyzed to understand the potential of those environmental impacts. The scale of potential development in the east central portion of Farmington is expansive. City staff members want to take a proactive and comprehensive approach to the planning of this area. The most commonly used forms of environmental review are the Environmental Assessment Worksheet (EA W) and the Environmental Impact Statement (EIS). The Minnesota Environmental Quality Board (EQB), the body that implements the rules for environmental review, has established a third form of environmental review that can serve as a substitute for an EA W or an EIS. This alternative form of environmental review is an Alternative Urban Area-Wide Review (AUAR). The AUAR process was developed in order to conduct an environmental review of an entire geographical area in a timely, efficient manner and to consider overall development scenarios for larger areas rather than incremental impacts of individual projects over a period of time. The AUAR must address substantially the same issues as an EA W or an EIS, and must use procedures similar (in effect) to those of an EA W or EIS. The advantages of conducting an AUAR rather than an EA W or EIS include the following: 1. The environmental review procedure is incorporated into the planning process rather than reacting to individual development proposals. 2. The review of public infrastructure (water, sewer, roadways) is accomplished at the same time and thereby provides a comprehensive analysis of the infrastructure in a certain geographical area. 3. The land owners and/or developers benefit by eliminating the need for sequential and sometime duplicative environmental reviews of individual projects. The completion of an AUAR typically takes 6 to 12 months, depending upon the size of the development and the information needed for the AUAR. The AUAR needs to include the following information: 1. A land use plan designating the existing and proposed location, intensity, and extent of use of the land and water for residential, commercial, industrial, agricultural, and other public and private purposes. 2. A public facilities plan describing the character, location, timing, sequence, function, use, and capacity of existing and future public facilities of the local governmental unit. The public facilities plan must include the following parts: a) A transportation plan. b) A sewage collection plan. 2 3. An implementation plan describing public programs, fiscal devices, and other actions to be undertaken to implement the comprehensive plan. 4. An analysis of the proposed development's impacts on the environment, including surface waters, natural resources, rare species, ground water, soils and erosion, traffic impacts (air and noise), historic resources, and other impacts. 5. A Mitigation Plan that describes specific strategies the developer and RGU (Responsible Governmental Unit) will use to avoid, minimize, or mitigate for the environmental impacts identified in the AUAR analysis. The Mitigation Plan will be adopted by the City along with the final AUAR analysis. As the Council is aware, within the last three years the City of Farmington has successfully utilized the AUAR process in connection with the Seed/Genstar property (1000 acres) and the Spruce Street Corridor Area (450 acres). City staff members believe that the AUAR process should be used for the anticipated 350-acre Giles Development project, and that nearby property owners should be encouraged to voluntarily participate in the AUAR to increase its effectiveness as a comprehensive environmental review/planning tool. An estimate of the projected cost of the AUAR has been obtained, and City staff members are currently in the process of calculating the net developable acreage for all of the parcels identified above so that the total cost can be allocated to the various parcels on an equitable basis. Under the EQB's Environmental Review Program, the City is required to adopt a resolution to initiate the AUAR process. The resolution must specify the boundaries of the geographic area within which the review will occur, and it must specify the intended nature, location, and intensity of the anticipated development. In this instance, the proposed AUAR will include the Giles Development properties at a minimum, and possibly other parcels if their owners elect to participate in the near future. The attached [proposed] resolution requests that an AUAR be ordered for the "east central" properties referred to above, with the understanding that the Giles Development parcels will be included and that other parcels may be included at the request of their respective owners. For the properties that are currently located in Empire Township (Rother and Harris), the Empire Town Board would have to agree to designate the City of Farmington as the Responsible Governmental Unit in order for those properties to be included in the AUAR. It is recommended that Bonestroo, Rosene, Anderlik & Associates prepare the AUAR. Bonestroo has capably handled the last two AUARs that the City has done. Bonestroo also has most of the base maps and other required information concerning the area in question. ACTION REQUESTED Approve the attached resolution ordering the environmental review of the "east central" area of Farmington, consistent with the intent and purposes of the Rules of the Minnesota Environmental Quality Board under the provisions for Alternative Urban Are a- Wide Review (AUAR). 3 Respectfully Submitted, ;/ /l hit( L_~ Kevin Carroll Community Development Director (J/I?~ Lee Smick, AICP City Planner 4 RESOLUTION NO. ORDER FOR ENVIRONMENTAL REVIEW FOR THE "EAST CENTRAL" AREA 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 6th day of December, 2004 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, there is a primarily agricultural area located east of Akin Road, south of the future alignment of 195th Street, west of Trunk Highway 3, and north of 208th Street that will be developed in the near future, primarily for residential and park/open space uses, and; WHEREAS, the area in question is generally depicted on the attached Exhibit A, and WHEREAS, the City generally anticipates that development will commence within this area in 2005 or 2006 and will continue over the next 15 years, and WHEREAS; the City wishes to comply in good faith with the requirements of the Rules of the Minnesota Environmental Quality Board (EQB); and WHEREAS, the City has determined that the scale and intensity of anticipated development in the area has the potential for significant environmental impacts, and; WHEREAS, because of the scale of future development and the sensitive environmental resources in the area, the City has determined that it is most appropriate to plan for the area under the provisions of the Alternative Urban Areawide Review (AUAR) process as described in Section 4410.3610 of the EQB Rules, and; WHEREAS, the City will be preparing a comprehensive plan amendment (or a series of such amendments) in this area meeting the criteria of the EQB Rules allowing the City to proceed with the AUAR; NOW, THEREFORE, BE IT RESOLVED that the Farmington City Council hereby orders the environmental review of the "east central" area depicted on Exhibit A, consistent with the intents and purposes of the Rules of the Minnesota Environmental Quality Board under the provisions for Alternative Urban Areawide Review (AUAR), with the understanding that the AUAR will involve the Giles Development parcels (Ql, Q2 and 8 on Exhibit A) at a minimum, and possibly other parcels at the request of their respective owners. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of December, 2004. Attested to the _ day of December, 2004. Acting Mayor City Administrator MUSA Allocation fXNI8rr A Adopted on November 15, 2004 1:::1 Existing MUSA 1:::1 MUSA Approved in 2004 I;;>"". MUSA Approved Contingent upon Annexation I{~l%"";,. MUSA Allocated in 2006 .. MUSA Allocated in 2009 .. MUSA Allocated in 2012 ~ MUSA Allocated upon Removal from Ag Preserve - ...... School Use Only IIIlI MUSA Allocated upon Plat Approval .. Not Recommended for MUSA at this time. C MUSA Approved (Orderly Annexation Area) 1""':0:,1 Ag Preserve until 2012 - MUSA not Rec. at this time IIlIA9 Preserve until 2013 - MUSA not Rec. at his time IIDI!II!IA9 Preserve - No current expiration date ~ _ _ - Future 195th Street Extension WT E --- Future 208th Street Extension o s 0.5 Miles , 0.5 , Detailed View of #14 7r} City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator j)A ~ r FROM: Ken Kuchera, Fire Chief SUBJECT: Rejection of 1978 Ford Tanker Offer - Fire Department DATE: December 6, 2004 INTRODUCTION/DISCUSSION On June 7, 2004 Council approved the request to advertise the sale of the Fire Department 1978 Ford Tanker. Only one offer was received for $500. This offer is unacceptable. BUDGET IMPACT Included in 2004 budget. ACTION REOUESTED Staffis requesting Council reject the offer and approve the re-advertisement ofthis unit. Respectfully submitted, ~{~ ~l-c4-~ e...-J Ken Kuchera Fire Chief 1..... Farmington Fire Department Attn: Ken Kuchera 325 Oak Street Farmington, MN 55024 November 8,2004 Dear Ken: The Dakota County Agricultural Society, Inc. (DCAS) isaware that the Faimh'1gton Fire Department has a 197TFord L800 1800-gallon tanker truck available for sale. The DCAS is looking for equipment that can be used to water down the Dakota County Fairgrounds horse show arena and the grandstand arena. We feel that the tanker truck that you are trying to sell might suit the needs that we have. We need a piece of equipment that is in good working condition and reliable, however, since the DCAS is not an organization with deep pockets, we have to . look at options that are cost efficient and that we can afford. The DCAS Board of Directors has authorized me to offer $500 to the City of Farmington Fire Department for the purchase of the subject tanker truck. Please contact me if the City of Farmington is willing to accept this offer. General Manager :JJox aeoenlu-Ihree. :J.rminolon.JJfinneaolo 55021,. 65U63.8818 /ocaimik- 65U63.6908 email- /oir@/ronliernel.nel www.r!a/.olacounlq/air.orq 7C) City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers and City Administrat~ r FROM: Ken Kuchera, Fire Chief SUBJECT: Sale of Handcart Extinguisher - Fire Department DATE: December 6, 2004 INTRODUCTIONIDISCUSSION On June 7, 2004 Council approved the request to advertise the sale ofthe Ansul Handcart Extinguisher. One offer has been received from American Gourmet Catering, Pequot Lakes, MN for $100. BUDGET IMPACT Included in 2004 budget. ACTION REQUESTED Staff is requesting Council accept the offer as written and attached. Respectfully submitted, ~c.--' ~cL:~ e-J Ken Kuchera Fire Chief .... ... If: .._...... AMERICAN GOURMET CATERING P.O. .BOX635PEQ110tL~S,MN56472' 218~568..5434.,Pll(JNE 218..568..5431 }?AeSIMILE gourmet@uslink.net Farmington Fire Dept. Attn: Ken Kuchera 325 Oak Street Farmington, MN 55024 October 11, 2004 RE: Old Extinguisher Cart Dear Ken, Thank you for your time 011 the phone and I 'apologize .for the, delay in this purchase offer. I am offering $100.0'0 for the exil1guisher/cartthat WaS in the photo. Please pass this along to the City Council for their consideration. This will become part ofourFireDepartmentLandscaping,afterpaintingofcout~e.lfthis offer is accepted, please include a known history ofthis piece of equipment. Nothing over detailed, just when it was put into service, where used etc. Thomas D. Johnson Executive Chef/Owner AmericanG6urmet Catering Lieutenant Ideal Fire Department \ cg~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: r Mayor, Council Members, City Administrato~JL-.-1 Robin Roland, Finance Director TO: SUBJECT: Truth in Taxation Hearing DATE: December 6, 2004 . INTRODUCTION The City Council adopted a proposed Tax Levy and budget for 2005 with Resolution R 70-04 at the Council meeting on September 7, 2004 and established the Truth in Taxation Hearing to take place at the City Council meeting of December 6,2004. DISCUSSION & BUDGET IMPACT The Truth in Taxation Hearing is held pursuant to State Statute to receive input from residents and other concerned citizens on the proposed budget and tax levy. The hearing will include a presentation by staff of the highlights of the City's proposed 2005 Revenue and Expenditure Budget and the 2005 Proposed Tax levy. Residents have received property specific notices outlining the proposed effect of the 2005 tax levy on their individual property taxes compared to the taxes levied against their property in 2004. The hearing will give residents the opportunity to share their comments and concerns about the proposed 2005 levy and budget. ACTION REQUIRED Receive input on the Proposed 2005 Budget and Tax Levy. Close the public hearing after taking all testimony. Adoption of the Final Budget and Levy will take place at the December 20, 2004 City Council meeting. Respectfully submitted, %RJ , Robin Roland Finance Director /OCL, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Council members, City Administrator FROM: Robin Roland, Finance Director SUBJECT: Enterprise Fund Rate Analysis DATE: December 6, 2004 INTRODUCTION At the budget workshop on October 5, 2004, staff discussed the need to analyze whether sanitary sewer and refuse rates should be increased in the 2005 budget to adequately support expenditures in those enterprise funds. DISCUSSION & BUDGET IMPACT SEWER Attached with this memo is a spreadsheet reflecting Sanitary Sewer operating revenues for the last five years. 1999 was the first year that Sewer was billed based on actual water usage during the winter quarter and residential rates were $2.80 per 1000 gallons for the first 10,000 gallons and $2.20 per 1000 gallons after. In 2000, the base rate for sanitary sewer was reduced to $2.65 per 1000 gallons for the first 10,000 gallons and remained at $2.20 per 1000 gallons after that. Since 2001, operating revenues have increased by 10% or greater each year, due to household growth and water usage. The largest expense of the sewer fund, MCES disposal charges, has averaged 52% of the total expenditures. Coverage of expenditures by actual charges for service has averaged 90%, with the remaining coverage provided by non-operating revenues including special assessments and investment income. The proposed budget which was distributed to Council included revenue projections for 2004 revised and 2005 proposed which were not consistent with what the spreadsheet reflects. When the revenue projections correspond to the trends outlined in the attached spreadsheet, the effect is a balanced budget for 2004 and 2005. It therefore appears that a rate increase is not required in the Sanitary Sewer Fund. SOLID WASTE Another spreadsheet is attached reflecting Solid Waste operating revenues for the last five years. Residential rates were last changed in 1999 when they were increased to the level they are now but billing method was changed from in advance of service to in arrears of service. Commercial rates were changed as recently as 2002, but were done in a revenue neutral manner. Since 2000, operating revenues have increased by 7% or greater each year, due to household growth. The largest expense of the fund, disposal charges, has averaged 44% of the total expenditures. Coverage of expenditures by actual charges for service has declined since 1999, with 2003 being the lowest at 83% of expenditures being covered by charges for services due to high cost ofthe first year of full curbside cleanup. The proposed budget which was distributed to Council included revenue projections for 2004 revised and 2005 proposed which were not consistent with what the spreadsheet reflects. When the revenue projections correspond to the trends outlined in the attached spreadsheet, the effect is a balanced 2004 and a use of $100,000 in retained earnings in 2005. Adequate retained earnings exist to absorb this reduction without residential rate increases. However, if Council increased residential rates by $2.50 at each level of service (30, 60, 90) the resulting revenue would cover half of the $100,000 shortfall in 2005. This 5% rate increase would cover the additional costs of the curbside cleanup program sponsored by the City. Or, if council chose not to increase residential rates, a flat fee could be imposed for all households for the curbside cleanup (i.e. $10 per household). WATER At their November meeting, the Water Board recommended that metered water utility rates be increased by 7%. Currently the rates are $1.00 per 1000 gallons of metered water usage for the first 25,000 gallons and $1.16 per 1000 gallons over 25,000 gallons. They proposed to raise these rates to $1.07 per 1000 gallons for the first 25,000 gallons and $1.25 per 1000 gallons over 25,000 gallons. The Water Board's reasoning for this increase is two fold: 1) to encourage water conservation and 2) to accumulate additional cash reserves to fund future water construction projects. ACTION REOUIRED Direct staff on adjustments to Enterprise Fund rates for 2005. Rate adjustments would then be included in the Charges and Fees ordinance brought to Council on December 20,2005. Respectfully submitted, e#-I Finance Director U) w ::>> z w > w D:: D:: w 3: w U) LL o U) en ~ <C z <C j ~ ell IV "0 ell) ~C,)o ell CO &..- N ~~ "0 !. e8 :;::IN ell W M 0 0 N N 0 0 N .... 0 0 N 0 0 0 N G>> G>> G>> .... ...... '#.. ...... '#. '#. It) 0 G>> .... It) 00 0 . It) 0) aD ci aD N .... 0 .. ~ .... .... M ~' CO ~ ~ 0 0 0 M 0 00 ~ It) N 0 ...... 00 cD ci cD G>> .... .... "'- It) .... .... ct ~ CO '#. ~ 0 0 N 00 ...... N C"') 00 ...... 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CITY OF FARMINGTON, MN ANNUAL BUDGET SEWER OPERATIONS FUND FUND SUMMARY (MODIFIED ACCRUAL) .................. :::: III: .:IIIIII+~~~~ I :I~"I:III. 1::.1 :1:.111111111111.1':: I: I' :::'1'1,1 1:1:.~lm~~@I::: :::::::~::20~(~::::: ::: ~: ~: ~ ::2004:::::: ~: ~: IIIII~~~:II: ':IW.~II~~I ..... .... ~6.d~i:i: .............. . ............-. . .......... ...... .......... ...... :')~TUAi/:': HAb.O~f~b./ $ $ $ $ $ REVENUES 5025 Charges for service 1,063,355 1,178,394 1,200,000 1,296,233 1,425,857 5030 Other 7.008 8.000 8000 8.000 1,070,363 1,178,394 1,208,000 1,304,233 1,433,857 Other Revenues 4100 Special Assessments 121,033 179,450 100,000 100,000 100,000 4460 Intergovernmental 4955 Investment income 75,448 32,783 75,000 55,116 5350 Miscellaneous (99204) 1 980 000 Total other revenue 196481 113,029 175 000 2.135116 100 000 Total Revenues 1 266.844 1,291 423 1.383 000 3 439 349 1.533 857 EXPENDITURES 6100 Personal services 60,731 76,766 137,686 137,686 153,090 6200 Supplies 3,985 5,835 8,500 8,500 10,180 6400 Other services & charges 705,454 835,538 792,488 792,488 891,660 6900 Capital outlay 80,524 5,695 465,218 465,218 369,932 7100 Debt service 247.458 245 570 249 270 2 069 270 - Total Expendituresl 1 098 152 1 169,404 1 653 162 3473162 1 424 862 Transfers in (out): 5205 Sanitary Sewer trunk fund 247,458 245,570 249,270 7310 General fund (38,500) (45,000) (50,000) (50,000) (54,250) 7310 Debt service funds (44,783) (63,382) (62,894) (62,894) (62,385) Total transfers 164 175 137 188 136376 (112894) (116635) Fund Balance beginning of year 2 375 727 2,708594 2 967 801 2 967 801 2821 094 Fund Balance end of year 2 708 594 2 967 801 2834 015 2821.094 2813454 U) w ~ z w > w 0::: w U) ~ u. w 0::: u. o U) ~ c( z c( 1 CD III ca " !." 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Q. .s::: 0 )( III )( )( (.) .E w is CD w CITY OF FARMINGTON, MN ANNUAL BUDGET SOLID WASTE SERVICES FUND FUND SUMMARY (MODIFIED ACCRUAL) : :C:::: : : : : : : / :::: :::JP:~~)/: /:~~~,~:<:::: ~/]P:~:::U~~: :U::::~~~C::::: :U:C:~P,~/:H .:., . : . . . . .. / :AeTUAW/ HA~TUAW> AOOPTeO< >REVl$elib~ ~~~p.F.lo.p'Q.Sep.~ $ $ S : : . : : . : :: nnnnn~~nH~unnnHnnnH~~n~H ~ ::: tb.d~: 1 :::2::::UfeMS::::::::::/:: REVENUES 5025 Charges for service 4370 Other permits 1,213,684 1.924 1.258.164 2300 1.215,608 1,260,464 Other Revenues 4460 Intergovernmental 4955 Investment income 5350 Miscellaneous Total other revenue Total Revenues EXPENDITURES 6100 Personal services 6200 Supplies 6400 Other services & charges 6900 Capital outlay Total Expendituresl Transfers in (out): 7310 General fund 7310 Debt service funds Total transfers 18,271 16,260 33,532 14.570 800 52 603 30 830 1 268 211 1 291 294 1,350,000 1.461,806 2 000 2 000 1,352,000 1,463,806 17,000 15.000 40.000 29.575 42 500 57 000 87.075 1409000 1550881 1,681,077 2000 1,683,077 15,000 15000 1 698 077 262,657 284.573 300,346 300,346 375,036 120,181 153,921 155,900 155,900 163.900 639.790 808,597 755,600 755,600 991,330 184.628 174,781 201,296 201,296 169,245 1 207 256 1 421.872 1413.142 1.413.142 1.699.511 (38,500) (45,000) (22,024) (49,991) (60 524) (94.991) Fund Balance beginning of year 935.342 935 773 Fund Balance end of year 935 773 710204 (50,000) (50,000) (49,259) (49,259) (99 259) -(99 259) 710204 710204 606 803 748 684 (53,500) (48,495) (101.995) 748 684 645 255 //0- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, City Council members, City Administrator( J~l, FROM: Robin Roland, Finance Director r SUBJECT: Main Street Assessment Objections - Finance DATE: December 6, 2004 INTRODUCTION At the Main Street Assessment hearing on October 18th, Colin Garvey objected to the assessments on his properties in the Main Street area and reserved his right to appeal. DISCUSSION Staff met with Mr. Garvey on November 10,2004 to discuss his objections to the assessments on Pill 14.77000.021.32, 14.77000.030.30, and 14.77000.080.30. Mr. Garvey restricted his objection to our assessment of the abandoned railroad right of way parcels he owns. He indicated he' was not objecting to the assessment of the other parcels of land he owns in the project area. While the rail line was abandoned by the railroad, parts of the rail bed could still potentially be reconstituted as a privately owned spur line. However, City staff classified the property the same as other commercial property for purposes of levying the assessment. The staffs rationale was that the property is currently not used as a rail line and in fact is used for the same purposes as other commercial properties in the area (such as accessory use parking areas for various business enterprises, general retail and commercial uses (landscape yard display areas, open storage, etc.)). In the opinion of the City attorney, staffs treatment or classification of the property was reasonable and sustainable given the property's past, current, and possible future use. One of the requirements of the local improvement/special assessment law is that assessments be uniform as applied to the same class of property. At this time, the abandoned rail line parcels are treated uniformly for assessment and tax purposes by the City and County the same as other commercial properties. Consequently, the assessment levied by the City should be sustained if challenged on this basis. Preliminary appraisal information also supports the assessment amount. While the special benefit (or increase in market value) to the parcels could be contested, Mr. Garvey did not submit any appraisal information to dispute the City's initial appraisal review. Absent contrary appraisal data, the City's assessment amounts should be sustained if challenged on this basis. ACTION REOUIRED The City attorney and staff recommend that the assessments previously proposed for Mr. Garvey's parcels be resubmitted in their original amounts for Council adoption. These assessments are as follows: 14.77000.021.32 RR 6,000 14.77000.021.32 RR 12,600 14.77000.021.32 RR 18,600 14.77000.030.30 RR 19,800 14.20600.040.02 6,000 14.77000.080.30 RR 6,000 14.77000.080.30 6,000 14.77000.080.30 6,000 Respectfully submitted, ,u$?/ . Robin Roland Finance Director cc: Colin Garvey 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.