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Home My WebLink About08.02.04 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 promising future. AGENDA REGULAR CITY COUNCIL MEETING August 2, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (7/19/04 Regular) (7/26/04 Special) b) Park and Recreation Commission Minutes - Parks and Recreation c) Adopt Resolution - Appointing Election Judges -Primary Election- Administration d) Approve Tobacco and Off-Sale Beer License Transfers - Administration e) Adopt Resolution - East Farmington 9th Addition Development Contract- Engineering t) . Cataract Fire Relief Association 2005 Pension Request - Finance g) Capital Outlay - Parks h) School and Conference - Parks and Recreation i) Approve Park PlanninglPark Development Schedule - Parks and Recreation j) Adopt Ordinance - Amending Section 10-3-6 (C) of the City Code Concerning Variances - Community Development k) Adopt Ordinance - Amending Section 10-2-1 and Section 10-5-14 Adding Mixed-Use Buildings as a Conditional Use in the B-2 Downtown Business Zoning District - Community Development 1) Adopt Ordinance - Amending Section 10-5-7 of the Zoning Code Related to Rear Yard Setbacks in the R-2 (Medium Density Residential) Zoning District - Community Development m) Adopt Ordinance - Amending Section 10-5-12 of the Zoning Code Related to Rear Yard Setbacks in the R-D (Downtown Residential) Zoning District- Community Development n) Authorize Quick Take Action - Phase 2 Pond Project - Engineering Action Taken Approved Information Received R58-04 Approved R59-04 Approved Information Received Approved Approved Ord 004-512 Ord 004-513 Ord 004-514 Ord 004-515 Authorized 0) Authorize Grant Application - Police p) Approve Bills Authorized Approved . PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Pursuing Agreement for Cardboard Recycling - Parks and Recreation Approved 11. UNFINISHED BUSINESS a) Community Center Feasibility Study - Parks and Recreation Approved 12. NEW BUSINESS 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 promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING August 2, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS J. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (7/19/04 Regular) (7/26/04 Special) b) Park and Recreation Commission Minutes - Parks and Recreation c) Adopt Resolution - Appointing Election Judges - Primary Election- Administration d) Approve Tobacco and Off-Sale Beer License Transfers - Administration e) Adopt Resolution - East Farmington 9th Addition Development Contract- Engineering t) Cataract Fire Relief Association 2005 Pension Request - Finance g) Capital Outlay - Parks h) School and Conference - Parks and Recreation i) Approve Park PlanninglPark Development Schedule - Parks and Recreation j) Adopt Ordinance - Amending Section 10-3-6 (C) of the City Code Concerning Variances - Community Development k) Adopt Ordinance - Amending Section 10-2-1 and Section 10-5-14 Adding Mixed-Use Buildings as a Conditional Use in the B-2 Downtown Business Zoning District - Community Development 1) Adopt Ordinance - Amending Section 10-5-7 of the Zoning Code Related to Rear Yard Setbacks in the R-2 (Medium Density Residential) Zoning District - Community Development m) Adopt Ordinance - Amending Section 10-5-12 of the Zoning Code Related to Rear Yard Setbacks in the R-D (Downtown Residential) Zoning District- Community Development n) Authorize Quick Take Action - Phase 2 Pond Project - Engineering Action Taken Pages 1-12 Pages 13-15 Pages 16-17 Page 18 Pages 19-34 Page 35 Page 36 Page 37 Pages 38-43 Pages 44-54 Pages 55-57 Pages 58-59 Pages 60-61 Pages 62-63 0) Authorize Grant Application - Police p) Approve Bills Page 64 Page 65 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Pursuing Agreement for Cardboard Recycling - Parks and Recreation Pages 66-67 11. UNFINISHED BUSINESS a) Community Center Feasibility Study - Parks and Recreation Pages 68-93 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Appointment to the Housing and Redevelopment Authority DATE: August 4, 2004 INTRODUCTION On June 21,2004 the City Council accepted the resignation of Tamara Witt from the Housing and Redevelopment Authority. DISCUSSION Attached are copies of applications of interested candidates to be interviewed on August 4,2004, beginning at 7:00 pm. Interview times are scheduled as follows: 7:00 -7:15 Steve Fogarty 7:15 -7:30 Wendy Draeger (tentative) 7:30 -7:45 Steve P. Wilson 7:45 - 8:00 Erik R. Starkman After the interview process, if Council wishes to approve the appointment of one of the applicants, they may do so at that time. ACTION REOUIRED Interview the applicants as listed above and approve an appointment to the Housing and Redevelopment Authority to complete the remainder of the term through January 31, 2006. Respectfully submitted, )tf:~_d, .$:t?d~ Lisa Shadick Administrative Services Director CITY OF FARMINGTON APPLICATION FOR BOARD OR COMMlSSION APPOINTMENT Name S#-.ue ~c.rf Date of Application ;tp/-CX/ Address /&~~ (~c::, ~b-lr ~..; Daytime Phone # c;,t;:'- ~- 8:9.;:? Employed By 1;f..o/ ~ Board or Commission you wish to serve on /~A Qualifications (C over pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) . r Au~ C1 ~, ~~ ~m' ~/?? s;! dL/~ a~~f' ~ :7 Cv'__r~/d~ .r ~--/ ~~ ~__~, ~/?~pd ?&'" ~,/~<0~ L~ Ur7l::7v/~ . S:-.:a::'~ - .eCJJ?~/.??1 c ~c:;c~rvP~ State briefly, your reasons for seeking an appoinnnent to this board or commission ~ UL/fAV k'/f ~ ~v<. Ct ~<: Crd~ ~~ //] ~ Di-r '..;'Ta-u#:..' ~~~/ f ~U 4:" / C/ // ~ 4/A ctL::}J //; /77&:,40. /7'~ ~C/5/b.;?S P' 6/ . . ,. #:/ ?/v'/// .e~./ ~~ 0k~ ~k:e_ o References (list any references you wish that would be familiar with your qualifications for the position). L:2V1 ~ ~G? S-~ /;/ S~ScO Signature Da~~OV / CITY OF FAR'lINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Name \~t~y ])r(lQg~v Address In'St.9- G~€Vl "'P~ EmployedBy ~_ -:t- k ~ BoardorCommisVon you wish to serve on I/M 1k 1.h.1J J ~ct~;~j Av&n-;j Qualifications (Cover pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) ~ AA.<l2A~.j- : It) Date of APPliCatiOn~tllr Daytime Phone #//:5J~;;6- 5t:Jdf -fo ~d (f11'lJ{,J~~. State briefly, your reasons for seeking an appointment to this board or commission I/oJ fA.. .z~ MI- ~ f;vJ iII~.? ~ J,g,ol iNl . ;~ e ~c/ ~ iPIe, ~~ ~ -f/~ H C(JIu.Dr.s ~ \ 8~ ~peJ -fo #f,}S tA- ~ ~ k~ M~ T ~ Kul- Is;;), .inJ at M~. -H~ r !ftl ~ tA)OU kP ~ c>..- R Y'w--rJ .pv ~ '''0 U1r~ ~ References (li"}f'j. r1iences you'Wish that wotlJd be familiar with your qualifications for the position). j :(\a dd~/i51 '~-47/f5 , ;;'t, Icbc ~.("' .. :33Jk Signa Datef3- 0011 CITY OF FARMINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Name 5/?j/~~. P1t A-.6'/7 Address 5" :3 '/Z z..t73 ~/ S-r.?1/ Date of Application 7. 2-;;/. O~ Daytime Phone # 9~ -t7I?..5 . 7.3:7 Z Employed By #~~ /~~,;O~~..s Board or Commission you wish to serve on H.AA Qualifications (Cover pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) Gra./L4~ bl/ L/4/V~/7 i'?/ /f?'/Y- <!!5~ ~/'~Y'/'Cl~~./'i .e.~~:Y'~/ ~v ~ea~;?Y ~..5ClC/~~/? f/V' k;:-:e L" Vt/~ J ",)'7 VP'/;;' /' ?-J / /e7c~/ yP ~//~ ~~/~/,c /#/~.~ . S~Y';/~/ .3 ~C~J ~/1 .?//Y;/y-/C'/ /9'~ #u~/ /1-/v/It?7" ~t?~c// - Se:r-r./iZ c7 ~ j"'C'~,t?/1 C//Y t!7/~IJj(:/~~~/.. PA.-?'~ ~. S b . fl fi kin . . .. c~ ",;v~/..f'f' /7tlA... tate ne y, your reasons or see g an appomnnent to this board or comrmSSlOn ....c ?Ve::z.??/ A? s-er~e TN C;"/f' />'7 a:. V?7/~R~ C#-/~~/:1r, /'1J- ~ /UZ~ /"'~J/t::Y.?n/ * ~rrn--~~/l ~~"t. -L- t?/#~ ~ ,?L../1 ~.~ p??-~?hve ~/7 ~i!/~~ h~/h,/C ~/ ;h--~ c;/> ~'V/?.f ~/,?7e ~/'~ #a-..d d c:/ e0//~ r;t!'P..2?"'~ C c:;.&;1 t?,/"f4/c /~ r~/~ /?'?e!4"?- /J.e~s-: References (list any references you wish that would be familiar with your qualifications for the position). .?>~ s-cA~#z -CJf "'/~~/~S-/- 7";?-I9'-YfZ . J/t/U/~ !/'U--~;-u/ft'~- C/:7~/ ~az//1~/41~~>7'~23'9"t/// 5a--r~ Ap-cMr4 65rf,/d?3- 9.3?7~ Signaturec~..7--d~ nate"7 2.7-0'2: .~ .. CITY OF FARMINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Name F r) -I, r<. S fr-,,r- kAt Cj /\/ Date of Application /}- J...a - C/ Lf Address ~';).r))" I k,-e-~ ~ t:; W Daytime Phone # ~ ")1- L.fq~-- Z k I?- Pel ~".., J N'":J hi '\I I A..1 i'l ~-v.').. '-I Employed By Ii. ~. ~ ~ '\1 K BoardorComrIiissionyouwishtoserveon He v.< ; 'J'I~ ~'I'}'.1 /{.,a,..J.,. U-P lor A ~ ''1-6 r:L. -c-'1uJ'1 ~.I-y. (J-j- f( I'J J Qualifications (C over pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) s -f'.p e, +..Ju r J" -i>r-j State briefly, your reasons for seeking an appointment to this board or commission .5e 'C. qf:t::i'ApL,~J References (list any references you wish that would be familiar with your qualifications for the position). S"l, e V' y I ;-r- 0 t, l'-J ,<: n 1'1 C h rJS +, j\J--e . hqrli fr ~ c;- I - 49 s-- ;3 R I Cj' ~ <) I - Lt ~ r:;-- :3 8/ L3 Signature ~ ~~;1c. Date /)- J-~- f:JLf ;, ,". ~. Qualifications for the HRA Position I am employed by U.s. Bank Corporate Trust. Our division works as a bond trustee for corporate and municipal bonds. I have a large portfolio of accounts specifically related to housing and redevelopment, both within and outside Minnesota. Many municipalities issue mortgage revenue bonds and use the proceeds to fund mortgages for lower income families. I specifically work in the cash management of these assets and make sure all activities comply with the legal bond indenture. I received my Bachelor of Arts Degree for the University of Minnesota, Duluth with a major in Economics and a minor in History. I grew up in the Iron Range town ofEly. I understand the devastation caused by businesses and industry leaving which forces families to relocate. I want to see a robust growth of jobs and businesses in Farmington. Jobs and growth are keys to success for communities. I also work as an Election Judge in Farmington. I enjoy helping members of our community with the election process. Reasons for Seekine Appointment to the HRA Board I firmly believe jobs and affordable housing are critical for any community that wants to thrive. In my position as a Trust Officer for U.S. Bank, I understand the benefits people receive from good economic planning and affordable housing. I have seen economic growth in action on the Iron Range through the Iron Range Resource and Rehabilitation Board (IRRRB). Many new businesses have received low interest loans or grants to build or expand. In summary, my primary reason I would welcome a position on this board is my lifelong interest in promoting economic growth and affordable housing. I would enjoy the opportunity to meet with city officials to further discuss my qualifications. Thank you for your time and consideration. 7 Q.... COUNCIL MINUTES REGULAR July 19, 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. 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 Susan Miller, David McKnight, Randy Oswald, Joanne Payne, John Anderson, Missie Kohlbeck 4. APPROVE AGENDA Councilmember Fogarty pulled item 7a) Council Minutes (7/6/04 Regular) to abstain. Councilmember Soderberg requested moving items 10 c), t), g), h) to the Consent Agenda. MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Public Works Mr. Justin Siebenaler was introduced as the new Engineering Technician. b) Minnesota Recreation and Park Association's Award of Excellence - Swim Bus Program Ms. Susan Miller presented the Minnesota Recreation and Park Association's Award of Excellence for the Swim Bus Program. Missie Kohlbeck, Senior Center Coordinator accepted the award on behalf of the City. 6. CITIZEN COMMENTS Ms. Joanne Payne, 20192 Akin Road, spoke regarding Akin Road and 20Sth Street traffic control. She did not want to come forward earlier when the issue regarding the intersection of Akin Road and 20Sth Street arose because she was accused of only running in the last election for the sole purpose of Akin Road, which was untrue. She did with the Council Minutes (Regular) July 19,2004 Page 2 help of friends and family go door to door with a petition to try and make Akin Road a safer road. She presented the petition at a Council Meeting and it was filed away, never to see the light of day. She and others continue to push to have the speed limit reduced to make it safer. She kept quiet when Akin Road and 208th Street was discussed because she did not want the same accusations made about her candidacy. However, her daughter was one of those accident statistics and the following week she witnessed another accident. She was sorry Councilmember Fogarty was inconvenienced after the stop signs were put in place, but she would have rather been inconvenienced than to get that phone call at 7:00 a.m. saying her daughter was involved in an accident on the very road that she and others worked so hard to make safe. Enough. Spend the money now. Install the traffic lights. It is not going to get any cheaper and the school year is fast approaching. She asked if Council wanted a fatality to happen and then say we should have or we could have? She sat in on the last Planning Commission meeting and heard the plans and traffic volumes for Akin Road. Start the controls where you can now. A community center study can wait. The safety of the residents cannot. 7. CONSENT AGENDA a) MOTION by Soderberg, second by Cordes to approve Council Minutes (7/6/04 Regular). Voting for: Ristow, Cordes, Fitch, Soderberg. Abstain: Fogarty. MOTION CARRIED. MOTION by Soderberg, second by Fogarty to approve the Consent Agenda as follows: b) Adopted RESOLUTION R48-04 - Accept Donation Park Improvement Fund- Parks and Recreation c) Adopted RESOLUTION R49-04 - Gambling Event Permit - Administration d) Received Information Capital Outlay - Parks e) Received Information Quarterly Building Permit Report - Community Development f) Approved Bills 10. c) Adopted RESOLUTION R54-04 and ORDINANCE 004-510 Amend 2020 Comprehensive Plan from Residential to Commercial and Rezone Property from R-2 to B-1 at 213 8th Street - Community Development t) Adopted RESOLUTION R56-04 - Amend 2020 Comprehensive Plan to Include Future Park and Open Space Map - Parks and Recreation g) Received Information Quarterly Customer Service Response Report - Administration h) Received Information June 2004 Financial Report - Finance APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Grading Permit - Knutsen Property - Community Development The area is located at the intersection of Denmark Avenue and Hwy 50 and covers 60 acres. This is part ofthe 450 acres for the Spruce Street Area. New Century has submitted a conditional use permit to begin grading. The Planning Commission unanimously recommended approval. The most important condition is that the applicant assumes all of the risks involved in commencing grading. If an area is graded before all final approvals such as preliminary and final plat, and Council Minutes (Regular) July 19, 2004 Page 3 utility plans and they later need to be modified, it may be necessary to re-grade part ofthe site. New Century understands this and they are willing to take that risk. City Attorney Jamnik stated there is no risk to the City to approve this. The only issue would be if the developer is told to re-establish different grades and is forced to re-excavate or bring in fill and then blame the City. Paragraph 4 of the conditions indicates the property owner proceeds at their own risk in doing this grading. MOTION by Cordes, second by Fitch to close the public hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Fitch to adopt RESOLUTION RSO-04 approving the Conditional Use Permit for excavating and grading on the Knutsen property. APIF, MOTION CARRIED. b) Adopt Resolution - Vacate Drainage and Utility Easement East Farmington 8th Addition (continued) - Community Development At the June 21, 2004 Council Meeting, Council continued the public hearing until the wetland mitigation plan permit was approved. The developer has submitted this plan and it was approved. The development will impact 0.92 acres of wetland. The developer is required to mitigate the impact at a 2:1 ratio, which means they have to replace 1.84 acres of land. They have chosen a site within the Vermillion River area by the Bachman site. The developer tried to get the site closer to Farmington, but was unable to do so. Mr. John Anderson, Giles Properties, stated they have everything worked out with Mr. Bachman and the documents will be finalized on July 22, 2004 and returned to the City. MOTION by Soderberg, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Fitch adopting RESOLUTION RSI-04 vacating a drainage and utility easement in Outlot B. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - East Farmington 9th Addition Preliminary and Final Plat - Community Development The plat includes six lots. The developer is proposing 6,000 sq. ft. lots with minimum lot widths of 60 ft. Approval of the Final Plat is contingent on compliance with the memo by John Smyth dated July 6, 2004 and on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. MOTION by Cordes, second by Fitch adopting RESOLUTION RS2- 04 approving the East Farmington 9th Addition Preliminary and Final Plat and Council Minutes (Regular) July 19,2004 Page 4 Wetland Conservation Act Permit with the above contingencies. APIF, MOTION CARRIED. b) Adopt Resolution - Middle Creek East 2nd Addition Final Plat - Community Development D.R. Horton proposes to plat 53 townhomes in the second phase of Middle Creek East. The accesses will be 203rd Street and 206th Street. Boulevard trees are required to be located on the east side of the existing trail. There is not enough room between the curb and trail for trees. Contingencies are the boulevard trees be located on the east side ofthe trail along Eastview Avenue, not between the curb and trail area, and execution of a Development Contract between the developer and the City and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. MOTION by Soderberg, second by Fitch adopting RESOLUTION R53-04 approving the Middle Creek East 2nd Addition Final Plat with the above contingencies. APIF, MOTION CARRIED. Mr. Don Patton, D.R. Horton, stated regarding their obligation to tear down the McCarthy house, it has not taken place because they had to go through the asbestos removal process first. This has delayed continuing 203rd Street, but this should happen in the next 2-3 weeks. d) Adopt Ordinance - Amend Section 10-5-23 and 10-2-1 of the Zoning Code Related to Floodplain Management - Community Development The DNR is responsible for reviewing the City's floodplain policies and procedures. The City was found to be in compliance with just a few minor changes. MOTION by Soderberg, second by Cordes adopting ORDINANCE 004-511 approving the ordinance amendments regarding floodplain management. APIF, MOTION CARRIED. e) Approve MUSA Review Committee Recommendation - Manley Development - Community Development The MUSA area is an area within the City that the Met Council feels can be developed because the City has the authority to extend sewer service to that area. There are several parcels involved in the MUSA review process. Property "H" on the MUSA property map is the Manley property. This property met more ofthe criteria for granting MUSA than any other property. Councilmember Soderberg agreed MUSA should be granted to bring in more residential development. He was aware there was some concern with transportation issues. These issues will be addressed at another level. Councilmember Cordes stated the only access is from 195th Street. She understood the Planning Commission was reviewing the Thoroughfare Plan and mentioned a temporary access. Staff replied that is at a very preliminary level. If there is going to be a development, there has to be more than one way in and out. Staff would not let development begin unless this was resolved. At the Planning Commission meeting, residents along Akin Road expressed concerns with proposed accesses to Akin Road on the Thoroughfare Council Minutes (Regular) July 19,2004 Page 5 Plan. Staff is taking those concerns into consideration. IfMUSA is approved, it does not mean the concept plan will automatically go forward without any changes. Councilmember Fitch was also concerned with having a second access which would probably be 19Sth Street. This is quite a drop from Akin Road down to the development. He asked who would pay for that road. Staff replied the developer proposed having two accesses to 195th Street. In the future this will be addressed by the Planning Commission and Council. Mayor Ristow had no problem with granting MUSA, but there are other things that go with it, such as the road system. Mayor Ristow asked if 19Sth and 203rd Street need to be in for this area to develop. Community Development Director Carroll replied the property to the south is close to the 203rd Street connection. There might be a way of connecting with an internal road to 203rd Street. Ifthat is not feasible, staff would focus on getting 19Sth Street through or having an alternate north entrance. Mayor Ristow asked ifby granting MUSA and these conditions have to happen if they were jeopardizing anything. City Attorney Jamnik replied the MUSA can be approved, but it is difficult to take it away. As far as the road design, we still have the normal standards of the platting process to go through. This involves a technical review and a policy review. Simply by granting MUSA you do not cause a problem with the platting review process. The subsequent steps involve some difficult choices to be made. If issues cannot be worked out, it would have to be discussed because of the inability to provide adequate access it has not be able to be platted and developed as planned, should we keep the MUSA designation on that parcel or remove it and re-designate MUSA to someone else. MOTION by Fogarty, second by Soderberg adopting RESOLUTION RSS-04 approving the addition of property owned by Manley Land Development, Inc. to Farmington's Metropolitan Urban Service Area. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Akin and 20Sth Street Traffic Control- Engineering At the last meeting Council requested permanent stop signs be installed at the intersection of Akin Road and 20Sth Street. The estimated cost is $2.653.50. Councilmember Fogarty stated she wanted to clarify a couple comments made by Councilmember Cordes that were a little unfair and untrue. It was painted as Councilmember Fogarty was inconvenienced one night, therefore now she wants the City to spend $100,000 to put lights in. This is completely untrue. Her concern was a safety concern. It had nothing to do with her being inconvenienced. The City Engineer and Police Chief have said a traffic light should be installed for control. The stacking and the businesses is an issue twice a day, five days a week, nine months out of the year at a minimum. That is when school is in session before any other activities happen. It will continue to be a problem. She will not support putting in permanent stop signs. It is not the ideal way to control it. It is cheap and it does make things safer than they were, but it certainly is not ideal and it certainly is not a vast improvement. Council Minutes (Regular) July 19,2004 Page 6 Councilmember Soderberg agreed the stop signs are an improvement, but it is not the right way to control that intersection. Traffic lights are expensive and we knew that two meetings ago which received unanimous approval. Then things changed at the last meeting. He feels traffic lights are the way to go and will not support permanent stop signs. Councilmember Cordes stated she stands by her earlier statements. Stop signs are a vast improvement over what was there before, which was nothing. Given the present situation ofthe current budget, and needing to look at all aspects of the City she feels the stop signs are an improvement and something we can all handle until we can evaluate what our situation is. Councilmember Fitch stated when you look at the left turn lane, there is room for 5-7 cars. When the left turn lane is stopped and north-south traffic is going, then you stop the traffic again and you have traffic coming out from the east. When the left turn lane is full, there is a bridge so traffic has no where to go, but to back up even further. With the stop signs, cars will continue to move through the intersection. There will be a stacking problem at those times of day no matter what we do. He did not mind spending $100,000 for stop lights, but he did not want to spend another $100,000 down the road to make them permanent. When they are made permanent the developer would pay for the light, not the city. He felt it still makes sense to stick with the stop signs. Mayor Ristow asked if traffic warrants need to be met for a stop light. City Engineer Mann replied a study would need to be done to determine ifthe warrants are met. Council has the authority to put in a traffic light depending on the situation. The City would not be able to use state aid dollars unless there was justification for a signal light that did meet warrants. Mayor Ristow asked ifthe City was in jeopardy by installing lights without a warrant. City Attorney Jamnik stated most law suits are for the absence of traffic controls. Any law suits with traffic control have to do with installation, warning signs far enough away, clear view, etc. There is not much exposure for installing lights that does not meet warrants. The state does not pay money because there is not a public need from their perspective where warrants are not met. You do not gain additional liability putting controls in where they are not needed. Mayor Ristow asked if any fees from the eastern portion of 20Sth Street were collected from Riverside and the school for traffic control. City Engineer Mann was not aware of any. In the past there was a case where money was collected for another area, but refunded as traffic control was not installed. Staff could not be 100% sure that development to the west would pay for all of a signal, but it would pay for a portion of it. MOTION by Cordes, second by Fitch authorizing staffto install permanent all- way stop signs at the intersection of 20Sth Street and Akin Road. Voting for: Ristow, Cordes, Fitch. Voting against: Fogarty, Soderberg. MOTION CARRIED. Council Minutes (Regular) July 19,2004 Page 7 b) Adopt Resolution- Southeast Area Trunk Utility and Pond Project - Engineering Staffhas coordinated this project with Castle Rock Township and their engineer and they have indicated that the township's issues are addressed. The bid date is proposed for August 13,2004. The Joint Powers Agreement indicates the township's engineer has the opportunity to concur in the award of the low bid. The township's engineer will need time to review the bids. Due to the short time frame between August 13 and the August 16 Council Meeting, it may be necessary to schedule a special meeting in order to schedule the project as soon as possible. MOTION by Fogarty, second by Soderberg to adopt RESOLUTION R57-04 approving the plans and specifications and authorizing the advertisement for bids for the Southeast Area Trunk Utility and Pond Project (Ash Street Area Improvements - Phase I). APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fitch: He contacted the County and some surrounding cities regarding accounting for interest on their investments. Each one does it a little differently. The County does not account for interest until they actually earn the money, until they mature and come in. That is on their long term investments. As we are going through the budget process, he would like to look at where we would not be so vulnerable to market conditions in these particular situations on that particular item. He would like to see, and this has been touched on at MUSA Review Committee meetings, permits and City budget and how development affects the budget. In this next budget process we need to start taking the volatility out of our permit process. He does not want the MUSA Review Committee worried we are not going to approve something because budgets totally hinge on development. And if it does not occur, what happens. The MUSA Review Committee is moving forward and has made good progress. This next meeting will further identify more properties to receive MUSA. City Administrator Urbia: Regarding the interest, the Management Team has discussed this and the numbers will be adjusted downward. He proposed an Executive Session following the August 16 Council Meeting for his performance review. City Attorney Jamnik talked with Mr. Harry Brull about whether to use the previous surveyor use a shorter or longer version from Mr. Brull. Attorney Jamnik will send both to Council, but use the previous scoring as Council is familiar with that. Community Development Director Carroll: There is a vacancy on the HRA and we are nearing the end of the application period. He asked Council if they would like to conduct interviews immediately before the August 2 Council Meeting. The HRA would like to have someone on board for their August 9 meeting. So far one application has been received and another application has been requested. Mayor Ristow felt it would work ifthere Council Minutes (Regular) July 19, 2004 Page 8 was only one applicant, but if there are three or four it could be a little tight. It would depend on the number of applicants. If three or less are received it could be done prior to the meeting. If there are more, another date should be set. Mayor Ristow: July 25, 2004 will be the dedication service for the new Farmington Lutheran Church. August 20, 2004 is the Ramble and Amble. Some ofthe committee members would like to see more Councilmembers there. Councilmember Fogarty stated she has joined the walking team. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 8:13 p.m. APIF, MOTION CARRIED. Respectfully submitted, f~~ :h-7~~ Cynthia Muller Executive Assistant CITY COUNCIL WORKSHOP MINUTES July 26, 2004 1. CALL TO ORDER City Administrator Urbia called the meeting to order at 6:35 p.m. It was decided Councilmember Soderberg would preside over the meeting. Present: Soderberg, Fitch (arrived 6:34 p.m.), Fogarty (arrived 6:34 p.m.) Absent: Ristow, Cordes Also Present: Dave Urbia, City Administrator; Kevin Carroll, Community Development Director; Lee Mann, Public Works Director/City Engineer; Ken Kuchera, Fire Chief; John Powers, Fire Marshal; Cynthia Muller, Executive Assistant Mike Cox and John McNamara, Wold Architects; Nancy Daubenberger, MnDOT; Donald Bluhm, Metropolitan Council 2. APPROVE AGENDA MOTION by Fogarty, second by Fitch to approve the agenda. APIF, MOTION CARRIED. 3. CITY HALL NEEDS ASSESSMENT Mr. Mike Cox and Mr. John McNamara of Wold Architects presented the final report for the needs assessment for the new City Hall facility. Wold has discussed major issues with staff and Council. This report can be used as a reference when the project moves forward. The diagram showed 1500 sq. ft. of future space. Located on the first floor was the reception area, Council chambers, Building Inspections, and Engineering. Second floor contains Parks and Recreation, Finance, Human Resources, and Administration. The water level is still being studied to determine if a basement is possible for storage. There are 54 parking stalls with overflow parking in the surrounding area. The cost is $160/sq. ft. which comes to a total project cost of $7.6 million. City Administrator Urbia noted having Parks and Recreation on the second floor or first floor was an unresolved issue. They have a lot of public traffic and would like to be close to the service area. Wold will prepare an Executive Summary including unresolved issues for the August 16, 2004 Council Meeting. 4. FIRE HALL NEEDS ASSESSMENT Wold Architects has met with Fire Chief Kuchera, Fire Marshal John Powers and members of the Fire Department. Bonestroo has been testing the soil by the Maintenance Facility across from the access road. One issue was what would be the nature of a second fire station to compliment the first fire station. There is a need for storage for equipment, a location for ALF, training at the second facility, and equipment for the second facility. Training needs to be done with the equipment and the department felt this would be done at the second station. As far as the size, two bays are needed. If ALF is located here a sleeping area is needed. ALF should be located close to where most of their calls come from. Currently more calls are in the downtown area, but as growth continues more calls would come from the northern area. City Council Workshop July 26,2004 Page 2 Fire Chief Kuchera stated ALF has always been part of the discussions and they would prefer to be at the north station. However, 25% of their calls are in the downtown area. For ALF to be located at the north station would cause problems with response times. They are closer to the townships at the current station. Once 195th Street goes through to Hwy 3, the second station would be the location for ALF. In the meantime, the optional area at the north station can be used for other things. 24-hour service for ALF would come in 3-6 years. One Class A pumper would be moved to the north station. There would then be one pumper at each station. If an engine is in for repair for an extended period, there could be problems. In the future, we need to recognize the need for an aerial apparatus. That does not mean it has to happen now. There has been discussion that the Maintenance Facility may need that area for salt and sand storage. Another site owned by Newland across Pilot Knob has also been discussed. City Administrator Urbia will contact them to obtain a cost. At the north station, mezzanine storage is a possibility. This will have to be researched further. The current fire station is 8400 sq. ft. The north station would be similar in size. The projected cost is $155/sq. ft. The total project cost is $2.1 million which includes space for ALF. Councilmember Soderberg felt the optional vehicle bay should be done right away due to growth. The second station would add another 10 firefighters. One thing to consider is what if ALF goes to 24 hour service before 195th Street goes through and how will we accommodate that at the existing station. Councilmember Fitch felt if the optional bay is built, ALF will have to go to the north station because that is where we can accommodate them. In the CIP Councilmember Fitch proposed building this facility and the Spruce Street bridge next year and City Hall the following year. Fire Chief Kuchera noted we would not have to accommodate ALF until they go to 24-hour service. Councilmember Fitch stated according to properties that will be granted MUS A, 195th Street would be extended in 2007-2008. The final report for the Fire Hall will be on the August 16, 2004 Council agenda. 5. TH3 ACCESS MANAGEMENT PLAN Ms. Nancy Daubenberger, MnDOT, was in attendance to answer any questions regarding the final draft ofthe TH3 Access Management Plan. Proposed access openings and closings were discussed. This is a planning document, what the state would like to see happen in the future. The plan showed three phases. For the near term, it showed closing the frontage road at Ash Street and Hwy 3 on the west side, and closing the frontage road on the east side ofHwy 3. This is not currently in the Ash Street project and will need to be discussed when the plans are ready. As far as the Main Street closure, Councilmember Fitch would like to get the business owners involved. MnDOT does have access management funds. IfMnDOT proposes a project and the City comes forward with some improvements they are doing as part of a local project, the funds can be used for that. This is a competitive fund. A median closure is proposed at Larch Street, and a closure at Walnut Street. It is proposed to open Spruce Street at Hwy 3 showing no left turns coming out of Spruce Street. The City envisions this as being a signal some day, which is contrary to the no City Council Workshop July 26, 2004 Page 3 left turns. The State has an issue as there are signals at Elm Street and the spacing between Elm and Spruce is less than typically you want to have for signal spacing. There should be a half mile between signals. The Winkler and Devney properties will probably have a connection to Spruce Street. Councilmember Soderberg agreed there should be signals at Spruce and Hwy 3. Ms. Daubenberger stated the need for signals would have to be justified. Traffic backing up would indicate a need for a signal. It would be difficult to get a signal at Spruce and at Elm Street. They are too close together. The plan also shows closing the access to the frontage road from Elm, close Main Street at Hwy 3, and close private accesses to Hwy 3. Many of these are suggestions that should be considered if redevelopment is done in the future. The intersections at Spruce and Elm Street will have to be reviewed further. 7. METROPOLITAN COUNCIL WASTEWATER SYSTEM PLAN UPDATE (This item was moved forward to accommodate participants). Mr. Donald Bluhm, Met Council representative, was present to answer any questions regarding the proposed sewer alignment from Elko to Farmington. Staff provided maps showing the different options and the cost for each. The difference in cost is related to the depth of the sewer. Councilmember Soderberg was concerned this would promote leapfrog type development. City Engineer Mann explained Elko-New Market has proposed to expand their treatment plant to deal with the growth. The plant discharges to the Vermillion River. Eureka, Lakeville, Farmington and others have expressed concern about this expansion. Farmington is also concerned with the peripheral development and storm water. All groups want to minimize the discharge to the river and not have Elko- New Market on their own plant. The only way to get rid of the Elko plant is to bring the interceptor from the Empire plant. The time frame on some of the options is 2010. Mr. Bluhm stated the Met Council is currently drafting policies for water resource management. Approval would come in March 2006. One policy would be to not allow connection in any of the townships unless they would become part of a Comp Plan process and become more of a community. There are six options that affect Farmington. The difference between the options is not how it comes through Castle Rock and up to Empire - that is the same. The options talk about how Lakeville gets served. City Engineer Mann reviewed the options. Option 6 brings the sewer line along Flagstaff Avenue. The Met Council has not decided to participate in the cost to serve Lakeville. Development is slated along Flagstaff for approximately 3 units/acre. Staff asked if Council was interested in developing along Flagstaff at a higher density than the current sewer system allows. Is there a sewer line that we would share with Lakeville that would be beneficial to Farmington? Or we could build our own line along Flagstaff and relieve the Middle Creek interceptor. There is also a school site along Flagstaff. If that site is chosen how will it be served - from a line along Flagstaff or from Middle Creek. These questions can be answered as Council is provided more information in the future. City Council Workshop July 26, 2004 Page 4 6. COUNCIL/SCHOOL WORKSHOP This will be held August 2,2004 at 7:00 a.m. at the Middle School East. Community Development Director Carroll distributed a map showing the school district boundaries and the three proposed sites for a new High School. They include the Christensen property, Angus property, and Peterson-Empey properties. The Christensen property is scheduled to come out of ag preserve in 2012. The Empey property is scheduled to come out of ag preserve in 2013. The Peterson property is currently under review for MUSA allocation. Staff then distributed a chart showing a ranking of issues with each property regarding annexation, MUS A, ag preserve, comprehensive plan, roads, utilities, and soil conditions, wetland, floodplain. This ranking showed the Peterson-Empey property would have a fewer number of complex issues. The issue of properties being in ag preserve was discussed. There are two ways to get out of ag preserve. One way is to have a property owner petition the Governor to get an executive order to get the property out. No one has used this method for a school district. The other option is using eminent domain, condemning the entire site. The school would have to do this with the Christensen property. Staff questions whether they can do this as the school has already entered into an Option Agreement. They would also have to give a notice to the EQB. Ifthe EQB feels it would have a negative effect on other properties, the EQB can put it on hold for a year and require a public hearing. Some have said this is a school district issue and they should pick the site they want. Others have said because ofthe impact this will have on City development plans, it would be appropriate for Council to take a position. At the meeting, the school board will go over the task force issues, site locations, working together on recreational facilities, etc. City Administrator Urbia will provide Council with a spreadsheet showing infrastructure costs. Councilmember Soderberg would like to know more about removing properties from ag preserve. Especially the history of removing the Donnelly property from ag preserve. 8. ADJOURN MOTION by Fogarty, second by Fitch to adjourn at 9:52 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~') ~~ Cynthia Muller Executive Assistant 7.6 DRAFT Farmington Parks and Recreation Advisory Commission Minutes from the Regular Meeting on June 16, 2004 Members Present: Randy Oswald, Dawn Johnson, Robin Hanson and Paula Higgins Members Absent: Mike Buringa Other's Present: Jim Miller, Sue Miller and Randy Distad, Parks and Recreation Director. I. Call To Order Chair Oswald called the meeting to order at 5:32 p.m. Quorum was present. II. Approval of Agenda. Higgins moved and Hanson seconded to approve the meeting agenda. APIF III. Approval of Minutes. Motion by Higgins, seconded by Hanson to approve the minutes from the April 14, 2004 meeting with the following revisions: 1. Bill Fischer should be identified as representing FY AA only on possible Community Center Task Force. 2. Gina O'Reilly and Michelle Wood should be moved from the FY AA to at large over 35 representative on the possible Community Center Task Force. 3. MUSA Review Committee item should state that the Committee discussed the prioritization of properties rather than the elimination of properties. 4. Change the spelling in the first name for Christie Todd. 5. Moving Cindy Rustan to representing a daycare provider from a school district representative on the possible Community Center Task Force. APIF IV. Presentations A. Physical Fitness and Health by Jack Olwell Director Distad informed the Commission members that Mr. Olwell had a conflict in his schedule and will not be able to make his presentation but is willing to come to the July meeting and make his presentation then. B. Miller Family Request to Purchase Park Property Brian and Sue Miller, 19962 Akin Road presented a request to purchase about a half acre of park that is identified as the Farmington Preserve, which is located to the south of 195th Street and east of Akin Road. The Miller family would like to purchase the property that is in back of their existing lot so that their back property line would better match up with other back property lines of adjacent lots. They provided historical information stating that they had thought about purchasing this small parcel from the previous property owner before the City purchased the land. The Miller family indicated to Commission members that they would also like to refurbish this land and plant native plants and creating food plots for animals. They want to keep it in its natural state. They also would remove the buckthorn that is currently growing on this property. Hanson questioned what buckthorn was. Millers stated that it is a non-native invasive species that the Department of Natural Resources has identified should be eradicated because it can crowd out native species. It also it a prolific seed spreader as birds like to eat the berries and then the seeds are spread elsewhere in the birds waste product. Hanson asked if there has been a precedent to selling park land. Distad explained that this property was purchased from a property owner and that it was not received as part of the park dedication. There is a difference in how park property can be disposed of depending on whether or not the City purchases the land or if the land is received through the park dedication process. Since this item was not identified for action, the Commission by consensus requested that this item be brought back to the July meeting for further discussion. v. Old Business A. Review Future Park and Open Space Map Revisions Director Distad stated that since the map will be going into the City's Comprehensive Plan, it will need to go to the Planning Commission for a public hearing. Hanson moved and Johnson seconded to forward the amended park and open space map to the Planning Commission for a public hearing. APIF B. Rambling River Center Advisory Board Ordinance Change Commission members discussed suggested ordinance changes from the City Council. Director Distad stated that the Rambling River Center Advisory Board had reviewed the suggested changes and wanted to leave in the possibility of having someone on the board who worked in Farmington but lived in another community. Higgins suggested if that were the case perhaps that person could serve in an ex-officio capacity on the board. Motion by Higgins and seconded by Hanson to send a recommendation to the City Council that the words "or work" should be struck from the ordinance and add in the reference to the City Council's policy on filling vacancies on boards and commissions. APIF C. Community Center Feasibility Study Consultant Hiring Commission members discussed the interview that occurred with Jeff King from Ballard King and Associates. Higgins and Hanson stated that they thought the interview went well and were comfortable with recommending to the City Council that it hire BKA. Motion by Hanson and seconded by Higgins to forward a recommendation to the City Council to hire Ballard King and Associates to complete a Community Center Feasibility Study for the City of Farmington. APIF D. Community Center Feasibility Study Task Force Hanson stated that she has spoken with Jeff Ibinger and he has expressed an interest in being a member of the task force ifthe City Council approves moving forward with the feasibility study. It was also agreed on by consensus by the Commission to have a representative from either the Farmington Independent or This Week newspapers on the task force. E. Empire Township Park and Recreation Advisory Board Joint Meeting Distad informed Commission members that the October 6th date worked best for Empire Townships Park and Recreation Advisory Board. The meeting will occur at Sachs Park in Empire Township. Commission members felt that it should be a light agenda and the focus should be on building a relationship and communicating with each other our future plans for parks, trails and open space. F. Status of Information Sign Director Distad stated that he checked with Community Development Director Kevin Carroll about the status of creating an informational sign as part of the City business sign located on CSAH 50. Hanson thought that if a sign was installed that it should be available to organizations to access for a fee. VI New Business A. Park and Recreation Master Plan Director Distad stated since the park, trail and open space map has been created and will be moving forward to becoming part ofthe City's Comprehensive Plan that the next step is to create a new narrative portion for the Park and Recreation Chapter ofthe comprehensive plan that addresses what the map is proposed to achieve. He stated that over the next year that this narrative portion will become part of the Commission's responsibility to provide input along with staff. He stated that it will be important to receive community input during the process. Hanson suggested that there be several open houses held at future Commission meetings where the community can give feedback on the plan. B. Wood Playground Structure Director Distad informed Commission members of corrective action that was being taken regarding several wood play structures and the fact that they have been sealed with an oil based stain based on the playground manufacturers recommendations. The staining has been completed. Committee looked at previous criteria and then looked at new revised criteria that was developed by staff and the Committee concerning priorities. Committee has discussed eliminating properties that the Committee does not feel should be granted MUSA immediately Seems that properties adjacent to certain transportation corridors are appearing to become top priorities during Committee member's discussion VII. Additions to the Agenda Hanson reported to Commission members about her attendance at a Dakota County Park planning meeting that resulted in the public giving input on three county parks that were being master planned in 2004. Johnson reported that there were several missing railings on the dock at Lake Julia. Hanson reported that there were several neighborhood park ball fields that did not have benches for teams. Johnson brought up an issue about not having enough garbage cans at the Farmington Middle School East ballfields. Distad stated that this was school district property and it would have to be addressed with the school district. VIII. Staff Report No report given. IX. July Meeting Agenda Following items were identified by Commission member for the July meeting: 1. 2005 Park Plan 2. Proposal to purchase City property by Miller family 3. Presentation by Jack Olwell 4. Empire Township Meeting Date 5. MUSA Review Committee Report 6. Discussion on schedule for Community Center Feasibility Study X Adjournment Higgins motioned and Hanson seconded to adjourn the meeting. APIF Meeting was adjourned at 6:54 p.m. Respectfully Submitted, Randy Distad Parks and Recreation Director and Recording Secretary City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Adopt Resolution - Appointing Election Judges - Primary Election DATE: August 2, 2004 INTRODUCTION The Primary Election is Tuesday, September 14, 2004. Based upon State Statute 204B.21, subd 2, election judges must be appointed at least 25 days before that election. DISCUSSION The attached resolution appoints judges and designates polling places for Precincts 1, 2, 3, and 4 for the Primary Election. BUDGET IMPACT Election costs are included in the 2004 budget. ACTION REQUIRED Adopt the attached resolution appointing election judges and designating polling places. Respectfully submitted, ~pl ~C(~ Lisa Shadick Administrative Services Director /c., RESOLUTION NO. APPROVING LIST OF ELECTION JUDGES AND DESIGNATING POLLING PLACES FOR PRIMARY ELECTION OF SEPTEMBER 14, 2004 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 the 2nd day of August, 2004 at 7:00 p.m. Members present: Members absent: Member resolution: introduced and Member seconded the following NOW THEREFORE, BE IT RESOLVED that the following list of election judges be approved for the Primary Election to be held September 14,2004. Precinct 1 Mary J 0 Bell Dolores Johnson Florence Mohn Marlene Beeney Pat White Marcianne Rotty Hardai Prasad Joanne Weber Kimberly Lomas Shelley Janos Mike DePuglio Precinct 2 Gretchen Bergman Pat Thurmes Lauretta Schneider Mama Halvorson Charles Weber Kelly Canada Bowman Karen Pietsch Precinct 3 Dennis Sullivan Lois Lotze Maren Rasmussen Erwin Hagen Doris Dahl Brenda Ellis-Reedy Daniel Tini Todd Carey Lynn Nordine Precinct 4 Helen Hagen Joyce Blowers Erik Starkman Patrick Hansen Betty Wanberg Otto Carl Grosse Kathleen Tverberg Larry Hempler Brenda DePuglio BE IT FURTHER RESOLVED that the address of the polling place for Precincts 1,2,3 and 4 shall be as follows: Precinct 1 - Rambling River Center - 431 Third Street Precinct 2 - ISD # 192 District Service Center - 51 0 Walnut Street Precinct 3 - Meadowview Elementary School- 6100 195th Street West Precinct 4 - Akin Road Elementary School - 5231 195th Street West This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 2nd day of August, 2004. Attested to the _day of SEAL Mayor ,2004. City Administrator 7J City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarmington.mn.us TO: Mayor, Councilmembers aod City Admioistrar FROM: Lisa Shadick, Administrative Services Director SUBJECT: Approve Off-Sale Beer License and Tobacco License Transfers DATE: August 2, 2004 . INTRODUCTION Due to a change in Management, Kwik Trip #693, is requesting the Off-Sale Beer and Tobacco licenses be transferred naming Ms. Sue E. Graff as the current Manager of the premises. DISCUSSION K wik Trip #693 is located at 217 Elm Street. The appropriate forms and insurance information have been submitted with the applications. The Police Department has reviewed the forms and approved the applications for issuance. BUDGET IMPACT None. ACTION REQUESTED Approve transfer of the Off-Sale Beer and Tobacco licenses to Kwik Trip #693 naming Ms. Sue E. Graff as Manager of the premises. Respectfully submitted, ~dAd~ Lisa Shadick Administrative Services 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: Tim Gross, P.E., Assistant City Engineer SUBJECT: Adopt Resolution - East Farmington 9th Addition Development Contract DATE: August 2, 2004 INTRODUCTION The Development Contract for East Farmington 9th Addition is forwarded herewith for Council's consideration. DISCUSSION The final plat for East Farmington 9th Addition was approved by the Planning Commission on July 13, 2004 and by the City Council on July 19,2004. The contract has been drafted in accordance with the conditions placed on the approval of the Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of approval for the development contract: 1. the Developer enter into this Agreement; and 2. the Developer provide the necessary security in accordance with the terms of this Agreement; and 3. the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. BUDGET IMP ACT None. ACTION REQUESTED Adopt the attached resolution approving the execution of the East Farmington 9th Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering Division. R;~ Tim Gross, P.E. Assistant City Engineer cc: file Lee Mann, P.E., Director of Public Works/City Engineer RESOLUTION NO. R APPROVING DEVELOPMENT CONTRACT EAST FARMINGTON 9TH ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 2nd day of August, 2004 at 7:00 P.M. Members present: Members absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. R52-04, the City Council approved the Preliminary Plat of East Farmington 9th Addition; and, WHEREAS, pursuant to Resolution No. R52-04, the City Council approved the Final Plat of East Farmington 9th Addition subject to the following conditions: 1. Approval of the Final Plat is contingent on compliance with the memo by John Smyth dated July 6, 2004. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. NOW THEREFORE, BE IT RESOLVED THAT: The Development Contract for the aforementioned subdivision, a copy of which is on file in the Clerk's office is hereby approved subject to the following conditions: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The Mayor and City Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of August, 2004. Mayor Attested to this _ day of August, 2004. SEAL City Administrator DEVELOPMENT CONTRACT AGREEMENT dated this 2nd day of August, 2004, by, between, and among the City of Farmington, a Minnesota municipal corporation (CITY) and Giles Properties, Inc., a Minnesota corporation (DEVELOPER). 1. Reauest for Plat Approval. The Developer has asked the City to approve a plat for East Farmington 9th Addition (also referred to in this Development Contract [CONTRACT or AGREEMENT] as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A": 2. Conditions of Approval. The City hereby approves the plat on the conditions that: a) the Developer enter into this Agreement; and b) the Developer provide the necessary security in accordance with the terms of this Agreement; and c) the Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat; and 3. Development Plans and Rie.ht to Proceed. The Developer shall develop the plat in accordance with the following plans. The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval, after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, subject to paragraphs 6 and 31 G, the plans shall control. The required plans are: Plan A - Final Plat Plan B - Soil Erosion Control and Grading Plans Plan C - Landscape Plan Plan D - Zoning/Development Map Plan E - Wetlands Mitigation as required by the City Plan F - Final Street and Utility Plans and Specifications The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities: underground natural gas, electrical, cable television, and telephone. Within the plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or private improvements or any building until all of the following conditions have been satisfied: a) This agreement has been fully executed by both parties and filed with the City Clerk, b) The necessary security has been received by the City, c) The plat has been recorded with the Dakota County Recorder's Office, and d) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed. 1 4. Sales Office Reauirements. At any location within the plat where lots and/or homes are sold which are part of this subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, fmal utility plan and a zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of the plat shall be included. 5. Zonim!/Development Map. The Developer shall provide an 8 1/2" x 14" scaled map of the plat and land within 350' of the plat containing the following information: a. platted property; b. existing and future roads; c. future phases; d. existing and proposed land uses; and e. future ponds. 6. Reauired Public Improvements. The Developer shall install and pay for the following: a. Sanitary Sewer Lateral System b. Water System (trunk and lateral) c. Storm Sewer d. Streets e. Concrete Curb and Gutter f. Street Signs g. Street Lights h. Sidewalks and Trails i. Erosion Control, Site Grading and Ponding j. Traffic Control Devices k. Setting of Lot & Block Monuments 1. Surveying and Staking m. Landscaping, Screening, Blvd. Trees The improvements shall be installed in accordance with Plans A through F, and in accordance with all laws, City Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent registered professional engineer furnished to the City and approved by the City Engineer. Work done not in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of "As Built" plans as specified in the City's Engineering Guidelines. If the Developer does not provide such information, the City will produce the as-built drawings. All costs associated with producing the as-built drawings will be the responsibility of the Developer. All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be issued. All trails to be constructed in the development that are shown on the City's Trail Master Plan shall be constructed at the Developer's expense. Building permits shall not be issued until the following items are addressed as outlined in the memo by John Smyth dated July 6, 2004: a. The proposed project will impact 0.92 acres of wetland. Per the Wetland Conservation Act requirement the wetland will be replaced at a 2: 1 ratio for a total replacement of 1.84 acres. Replacement will involve receiving 0.92 acres of public value credit from the construction of a storm pond and purchasing the remainder of the wetland credit from the Bachmann Wetland Bank Site in Dakota County. b. The wetland banking material shall be processed prior to the wetland being filled. c. A native wetland seed mix be added to the fringe of the pond where it will be saturated 2 The developer shall notify potential purchasers of individual lots that the lot coverage requirement may limit or prohibit future construction of decks, sheds, or additions due to the size of some of the lots within the East Farmington 9th Addition. Notification shall be provided in the purchase agreement or separate contractual document or restrictive covenant signed by the purchaser and made binding on successors to the initial purchaser.. Proof of the execution of such document and its recording shall be provided to the City before building permits for those lots will be issued. Before the security for the completion of the utilities is released, iron monuments must be installed in accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. Time of Performance. The Developer shall install all required public utilities, by September 30, 2005, in accordance with the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension oftime from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of this contract and the extension of the contract will coincide with the date of the extension of the security. 8. Ownership of Improvements. Upon the completion of the work and construction required to be done by this Agreement, and written acceptance by the City Engineer, the improvements lying within public easements shall become City property, except for cable TV, electrical, gas, and telephone, without further notice or action. 9. Warranty. The Developer and the Developers Engineer represent and warrant to the City that the design for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer also warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period for the streets shall commence after the fmal wear course has been completed and the streets have been accepted by City Council resolution. The warranty period on underground utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the utilities. Failure ofthe Developer to complete the required testing or request acceptance of the utilities in a timely manner shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever frrst occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures for final acceptance of streets and utilities. 10. Gradinf! Plan. The plat shall be graded and drainage provided by the Developer in accordance with Plan B. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough grading may be allowed upon obtaining written authorization from the City Engineer. If the developer needs to change grading affecting drainage after homeowners are on site, he must notifY all property owners/residents of this work prior to its initiation. This notification cannot take place until the City Engineer has approved the proposed grading changes. A MPCA Construction Storm Water Permit must be obtained before any grading can commence on the site. 11. Erosion Control and Fees. After the site is rough graded, but before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re- seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion ofthe City, the City may take such action as it deems appropriate 3 to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. The Developer is responsible for Erosion Control inspection fees at the current rates. The Developer is also responsible for a Water Quality Management Fee of S 103 based upon the number of acres in the plat. This fee is due and payable at the time of execution of this agreement. 12. Landscapine. The Developer shall landscape the plat in accordance with Plan C. The landscaping shall be accomplished in accordance with a time schedule approved by the City. A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to builders, homeowners, etc. B. All graded areas, including fmish grade on lots, will require a minimum of 6" of black dirt/topsoil. The responsibility for the installation of black dir/topsoil shall not be transferred to homeowners. C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1 shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are part of the development plans, or special conditions referred to in this Contract that are required to be constructed, shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to be built. All landscaping features, including those constructed within public rights of way, remain the property and responsibility of the developer and subsequent property owners, subject to the City's or other governmental unit's rights to access and maintain their rights of way. 13. Phased Development. The plat shall be developed in one (1) phase in accordance with Plans A-F. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a fmal plat for the phase has been filed in the County Recorder's office and the necessary security has been furnished to the City. The City may refuse to approve fmal plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. Subject to the terms of this Agreement, this Development Contract constitutes approval to develop the plat. Development of subsequent phases may not proceed until development agreements for such phases are approved by the City. 14. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or removing any part thereof which has not been fma1 platted, or official controls, shall apply to or affect the use, development density, lot size, lot layout or dedications or platting required or permitted by the approved preliminary plat unless required by State or Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or dedication requirements enacted after the date of this Agreement and may require submission of a new plat. 15. Surface Water Manae:ement Fee. The Developer shall pay an area storm water management charge ofS 8,193 in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a 10 year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Storm sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 4 16. Wetland Conservation and Mitie:ation. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and the Wetlands Mitigation Plan. 17. Water Main Trunk Area Chare:e. The Developer shall pay a water main trunk area charge of$ 3,382 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water area charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 18. Water Treatment Plant Fee. The Developer shall pay a water treatment plant fee of $ 3,420 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 19. Sanitarv Sewer Trunk Area Chare:e. The Developer shall pay a sanitary sewer trunk area charge of $ 2,630 for the plat in lieu of the property paying a like assessment at a later date. The charge shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 20. Park Dedication. The Developer shall be required to dedicate .1235 acres ofland for park purposes. The Developer shall pay the City $ 6,075 as cash in lieu ofland in satisfaction of the City's park dedication requirements for the plat. The park dedication fee shall be assessed against the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid balance calculated at five percent (5%) per annum. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The assessments may be assumed or prepaid at any time. The Developer waives any and all procedural and substantive objections to the assessments including any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The park dedication fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Contracts for those phases are entered into. 21. Park Development Fee. The Developer shall pay a Park Development Fee of $1,921 that will be used to pay either for development of the park located in the development, or if no land is taken for park purposes, in the park closest to the development. The City shall allow the Developer to either pay the entire park development fee at the time of fmal plat filing or to pay the park development fee on a per unit basis at the time that the building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the final plat. 22. Sealcoatine:. In lieu of assessing sealcoating three years from completion of the road construction, the Developer agrees to pay a fee of $ 372 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and Bridge Fund upon execution of this Agreement. 23. GIS Fees. The Developer is responsible for a Government Information System fee of$ 270 based upon the number oflots within the subdivision. This fee shall be due and payable upon execution of this Agreement 5 24. Easements. The Developer shall furnish the City at the time of execution of this Agreement with the easements designated on the plat. 25. License. The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the plat to perform all necessary work and/or inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the public improvements installed pursuant to the Development Contract have been installed and accepted by the City. 25. Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures shall be prohibited, except for fIre training only. The City has a contract for street cleaning services. The City will have the right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street cleaning costs. 26. Securitv. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements in the plat and construction of all public improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 13,657. The bank and form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and wording exactly as shown on the attached Letter of Credit form (Attachment "C"). The security shall be automatically renewing. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-fIve (45) days prior to the stated expiration date of the security. If the required public improvements are not completed, or terms of the Agreement are not satisfIed, at least thirty (30) days prior to the expiration of a letter of credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows: Grading/Erosion Control Sanitary Sewer Water Main Storm Sewer Street Construction $ 2,011 $N/A $N/A $N/A $N/A Monuments St. Lights/Signs Blvd. Trees Blvd. Sodding Wetland Mitigation $ 1,500 $375 $ 2,813 $ 820 $N/A Two Years Principal and Interest on Assessments $ 6,139 This breakdown is for historical reference; it is not a restriction on the use of the security. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that work has been completed in accordance with the approved plans and specifIcations, and terms of this Agreement, and that all fmancial obligations to the City, subcontractors, or other persons have been satisfIed, the City Engineer may approve reductions in the security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the fInancial obligations that have been satisfIed. Ten percent (10%) of the amounts certifIed by the Developer's engineer shall be retained as security until all improvements have been completed, all fInancial obligations to the City satisfIed, the required "as built" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. 27. Responsibilitv for Costs. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting the construction for the development of the plat. B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and 6 development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work required by this Contract, that the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim( s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the City has the right to draw from the Developers security to pay the bills. 28. Trash Enclosures. The Developer is responsible to require each builder to provide on site trash enclosures to contain all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer. 29. Portable Toilets. The Developer is responsible to require each builder to provide an on site portable toilet, except as otherwise approved by the City Engineer. 30. Wetland Buffer and Natural Area Sil!Rs. The Developer is responsible for installing Wetland Buffer signs around all wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be indicated on individual lot surveys prior to the issuance of a building permit for that lot. 31. Existinl! Tree Preservation. The Developer will walk the site with the City Forester and identify all significant trees, which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed during clearing and grubbing operations shall be disposed of off site. 32. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 33. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and wetland 7 buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued. However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent completion of street projects before the end of the construction season. The Developer is responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. However, if the City or another governmental entity or agency determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the City incurs in assisting in the preparation of the review. G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County, Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being fmal platted; and that the Developer will indemnify and hold the City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer. I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City signing the plat. J. The Developer shall obtain a Wetlands Compliance Certificate from the City. K. Upon breach of the tenns of this Agreement, the City may, without notice to the Developer, draw down the Developer's cash escrow or irrevocable letter of credit as provided in paragraph 26 of this Agreement. The City may draw down this security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall determine whether the Developer is in violation of the Agreement. Subject to the provisions of paragraph 30 hereof, this determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in 8 damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per day sum stipulated is a reasonable amount to compensate the City for its damages. L. The Developer will be required to conduct all major activities to construct Plans A-F during the following hours of operation: Monday - Friday Saturday Sunday and Holidays 7:00 A.M. until 7:00 P.M. 8:00 A.M. until 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fme per occurrence in accordance with paragraph K of this section. M. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home. See City Standard Plate ERO-09 for construction requirements. N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as outlined in Paragraph 30 of this Agreement and the Developer will reimburse the City as defmed in said Paragraph 30. O. Third parties have no recourse against the City under this contract. 34. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following addresses: Giles Properties, Inc. Attn: Tim Giles PO Box 51 Elko, MN 55020 Phone: (952) 461-3984 Fax: (952) 461-3986 Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by certified mail or registered mail in care of the City Administrator at the following address: David M. Urbia, City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 9 SIGNATURE PAGE CITY OF FARMINGTON By: Gerald G. Ristow, Mayor By: David M. Urbia, City Administrator DEVELOPER: Giles Properties, Inc. By: Its: Drafted by: City of Farmington 325 Oak Street Farmington, Minnesota 55024 (651) 463-7111 10 STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20 by Gerald G. Ristow, Mayor, and by David M. Urbia, City Administrator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of ,20 by , the of Giles Properties, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. Notary Public 11 EXHIBIT" A" East Farmington 9th Addition legal description: Outlot B, EAST FARMINGTON EIGHTH ADDITION, Dakota County, Minnesota, according to the recorded plat thereof, Dakota County, Minnesota. 12 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us LETTER OF EXEMPTION DAKOTA COUNTY PROPERTY RECORDS 1590 HIGHWAY 55 HASTINGS MN 55033-2392 To Whom It May Concern: Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as Exempt Properties. PARCEL ID# LEGAL DESCRIPTION USE (wetland, storm water facility, park or well site) Please sign letter below and return to me at the address above verifying the exemption status. Thank you. Sincerely, Tracy Geise Accounting Technician/Special Assessments Enclosure(s) Signature Date 13 EXHIBIT "e" IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Farmington 325 Oak Street Farmington, MN 55024 Dear Sir or Madam: We hereby issue, for the account of of Credit in the amount of $ undersigned bank. . and in your favor, our Irrevocable Letter , available to you by your draft drawn on sight on the The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Farmington. c) Be presented for payment at (Address of Bank) , 20_, of This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN 55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] By: [name] Its: [identify official 14 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7[: TO: Mayor, Council members, City Administrator-- FROM: Robin Roland, Finance Director SUBJECT: Cataract Fire Relief Association 2005 Pension Request DATE: August 2, 2004 INTRODUCTION The Farmington Fire Department Cataract Relief Association has submitted its request for the 2005 pension benefit and municipal funding for that organization. DISCUSSION & BUDGET IMPACT The Board of Directors met on July 21,2004 and approved a request to the City of Farmington to increase the annual benefit to $3,200, effective January 1, 2005. The City's contribution to the Fire Relief Association in 2005 is proposed at $60,000. ACTION REQUIRED Consider approval of an amendment to the Fire Relief Association by-laws increasing the annual pension benefit to $3,200 effective January 1, 2005. Respectfully submitted, /~--/ Finance Director 7:5 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: Capital Outlay - Parks DATE: August 2,2004 .... INTRODUCTION Playground equipment will be/installed at Tamarack Park in the next few weeks. A concrete border needs to be installed around the playground equipment to contain the wood fiber safety surfacing material that will be placed under and around the playground equipment. DISCUSSION Quotes were solicited from several contractors for installing a 440 linear foot concrete border around the perimeter ofthe playground equipment. North Country Concrete, Inc. submitted the low quote in the amount of$5,566.00. BUDGET IMPACT There is funding available in the Park Improvement Fund to pay for this improvement. ACTION REQUESTED No action is requested. This is for informational purposes only. ... ~~tS&blC R~d, Parks and Recreation Director . 74 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 ~ Randy Distad, Parks and Recreation Director FROM: SUBJECT: Schools and Conference Parks and Recreation Department DATE: August 2, 2004 INTRODUCTION The National Recreation and Park Association (NRP A) is the national organization for Parks and Recreation professionals. Its annual conference is rotated to different locations around the country. In 2004 it is being held in Reno, Nevada in mid-October. DISCUSSION The NRP A conference is an annual training opportunity in which session topics are presented by nationally known and recognized presenters in the field of parks and recreation as well as in other professional fields. Breakout sessions include such areas as: recreation programming, parks maintenance, management, natural resources, outdoor recreation, facility management, citizen advisory boards and aquatics. It is the premier training opportunity for parks and recreation professionals. Information received by the Parks and Recreation Director at the conference will be brought back and shared with Department staff. The information provided at the national conference sessions is generally very detailed, advanced and specific to situations related to parks and recreation. The opportunity to network with other professionals from around the country is of tremendous value. Given the current budget constraints, the Parks and Recreation Director is requesting that the City pay the NRPA conference registration fee of $320.00 and the remainder of the conference costs (transportation, room, meals, etc.) will be paid by the Parks and Recreation Director. BUDGET IMPACT The 2004 Recreation Program Division budget included funding to cover all costs (registration, transportation, room, meals, etc.) associated with attending the NRP A conference. However in the 2004 budget cuts previously identified to the City Council, there was $1,000.00 cut from the Training and Subsistence Account. Even with the budget cuts and cost of this registration fee, there will still be just over $1,100.00 remaining in this account to cover the cost of training that other Recreation Program Division staff may be interested in attending. ACTION REOUESTED Approve this request. ~~y~ ~~ ;J Parks and Recreation Director 7/ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Amending Current Park Master Planning and Development Schedule DATE: August 2,2004 INTRODUCTION A Park Master Planning and Development Schedule was approved for the City's Park System by the City Council at its AJ?riI19, 2004 meeting. DISCUSSION At a City Council Five Year Capital Improvement Plan (CIP) Workshop on June 21,2004 a five year park master planning and development schedule capital improvement plan was discussed. However at that time the City Council expressed their interest in delaying a park master plan being developed for Rambling River Park in 2004 and preferred that the master plan be pushed back to 2006 with park improvements occurring in 2007 and that some other park could be moved up in the schedule in place of Rambling River Park. It appeared at that time that improvements being completed at Rambling River Park in 2007 would better coordinate with the potential park area in the SeedlGenstar Development, which had been identified to have a master plan completed in 2005 and park development occurring in 2006. It was felt that improving Rambling River Park before there were other facilities being available that could handle the same types of uses that occur at Rambling River Park would not be very good planning on the City's part. Stafftook this direction back to the Park and Recreation Advisory Commission for consideration at its July 14,2004 meeting. While the direction from the City Council was to delay the park planning for Rambling River Park until 2006 and development of the park until 2007 and that another park could be moved up on the schedule in place of Rambling River Park, the PRAC felt that given where the SeedlGenstar Development is, it might make more sense to delay the master planning of Rambling River Park until 2007 and development of the park occurring in 2008. It seemed that it might be better to anticipate that the master planning of the park area identified in the SeedlGenstar Development may not actually occur until late 2005 and early 2006. Given what is projected to be developed in the park, it seems also to make some sense to allow an extra year for the construction of the improvements, especially given that it will involve turf areas to become established before use can occur. The PRAC voted unanimously to recommend to the City Council that the current Park Master Planning and Development Schedule be amended to show that Rambling River Park would be master planned in 2007 and development of the park would occur in 2008 and that the master planning of Middle Creek Park be moved from 2005 to 2004 and development of Middle Creek Park occur in 2005 rather than in 2006 as shown in Exhibit A. BUDGET IMPACT By moving the Rambling River Park master planning and development schedule to later years and moving up the planning and development of Middle Creek Park, the net budget impact is that in the earlier years of the schedule the total cost for all planning and development will decrease and in later years the cost will increase from what was shown on the originally Park Master Planning and Development Schedule. The other budget impact that may occur is that by pushing back one year from what the City Council had initially expressed an interest in doing, the planning and development costs for Rambling River Park may increase depending on the rate of inflation. ACTION REQUESTED By motion and based on the recommendation forwarded to the City Council by the Park and Recreation Advisory Commission, amend the current Park Master Planning and Development Schedule by moving the park master planning of Rambling River Park back to 2007 and development of the park to occur in 2008 and moving up Middle Creek Park so that a master plan for the park is developed in 2004 and development of the park occurs in 2005 as shown in Exhibit A. Respectfully Submitted, '12. ~ RaM~a4 Park and Recreation Director <( ...... fS - J: >< W Q) - ::s "C Q) J: CJ tJ) ...... c Q) E c. o - Q) > Q) o "C C co C) c .- c c co - a.. ~ Q) ...... rn co ~ ~ ~ co a.. 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City Administrator ~ Lee Smick, AICP City Planner FROM: SUBJECT: Ordinance Amending Section 10-3-6 (C) of the City Code Concerning Variances DATE: August 2, 2004 INTRODUCTION Staff recommends amending Section 10-3-6 (C) of the City Code concerning variances. The proposed Code revision would require that all of the requirements listed under Section 10-3-6 (C) of the Code would have to be met, rather than any of the listed requirements. DISCUSSION A variance allows the applicant to depart from the standard rules. Variances are included in the ordinance to alleviate "unnecessary hardship", which typically refers to hardship inherent in the physical characteristics of the land. Since May of 2002, the Board of Adjustment has been granting variances if any of the listed requirements were met as shown in the attached Section 10-3-6. The ordinances from surrounding communities that are attached for reference from Lakeville, Prior Lake, Rosemount, Savage, and Plymouth, illustrate that city codes typically require that a variance request meet all ofthe criteria listed rather than any of the criteria. At their July 13th meeting, the Planning Commission recommended approval of the ordinance amendment. RECOMMENDED ACTION Approve the Ordinance amending Section 10-3-6 (C) of the City Code regarding variances. Respectfully Submitted, /~? '-, -;.,- '.'). I>'.L.'<. Lee Smick, AICP City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 CHAPTER 3 OF THE FARMINGTON CITY CODE CONCERNING VARIANCES THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-3-6 ofthe Farmington City Code is amended to the following: (C) The board of adjustment may vary the regulations of this title if aay all of the following requirements are met: SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of _,2004, by the City Council ofthe City of Farmington. CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of , 2004. 1 0-3-6: VARIANCES: C Ifl/ /PI'"' f7!,&7J41#:%~ Page 1 of2 10-3-6: VARIANCES: The board of adjustment shall have the power to vary from the requirements of this title, and to attach conditions to the variance as it deems necessary to assure compliance with the purpose of this title. (A) The following exhibits shall be required unless waived by the zoning officer: 1. A boundary surveyor an area survey including the property in question and up to three hundred feet (300') beyond showing: topography, utilities, lot boundaries, buildings, easements and soil test data if pertinent. 2. A site development plan showing buildings, parking, loading, access, surface drainage, landscaping and utility service. (B) Procedure for obtaining a variance from the regulations of this title are as follows: 1. The property owner or agent shall file with the zoning officer an application form together with required exhibits plus a filing fee in an amount established annually by the city council. 2. The zoning officer shall set a public hearing, transmit the application directly to the board of adjustment and mail a notice to property owners adjacent to the subject property disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. 3. The board of adjustment shall, within sixty (60) days of submittal of all required exhibits, approve, deny or approve under conditions accepted by the applicant. (el The board of adjustment may vary the regulations of this titlBthe following requirements are met: 1. Because the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this title. 2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. 3. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. 5. The proposed variance will not substantially increase the congestion of the public Lstreets, or increase the danger of fire, or be detrimental to the public welfare or public http://66.113.195.234/MN/Farmington/13003000000006000.htm 7/21/2004 10-3-6: VARIANCES: Page 2 of2 I safety. 6. The requested variance is the minimum action required to eliminate the hardship. L-- (0) Upon appeal of a decision by the board of adjustment, the zoning officer shall set a public hearing, transmit the application directly to the city council, and mail a notice to the board of adjustment and property owners adjacent to the subject property disregarding public rights of way. The city council shall, within sixty (60) days of the public hearing, decide to affirm or overturn the decision of the board of adjustment with a four-fifths (4/5) vote of the city council. (Ord. 002-469, 2-19-2002) http://66.113.195.234/MNlFarmington/13003000000006000.htm 7/21/2004 (117 ~ u,eet//a& CHAPTER 6 ADMINISTRATION - VARIANCES SECTION: 11-6-1: 11-6-3: 11-6-5: 11-6-7: 11-6-9: 11-6-11: 11-6-13: Purpose Board of Zoning Adjustments and Appeals Review Criteria Procedures Expiration Site Improvement Performance Agreement and Financial Guarantee Certification of Taxes Paid 11-6-1: PURPOSE: The purpose of this section is to provide for deviations from the literal provisions of this Title in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such .actions will be in keeping with the spirit and intent of this Title. 11-6-3: . BOARD OF ZONING ADJUSTMENTS AND APPEALS: The City Council shall act as the Board of Zoning Adjustments and Appeals. 11-6-5: REVIEW CRITERIA: The.Soard of Adjustment shall not approve. any variance request (major or minor) unless they find failure to ~J e variance will result in undue hardship on the applicant, and, as may be applicabl i , all 0 the following criteria have been met: . A. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience; if the strict letter of the regulations were to be carried out. B. That the conditions upon which an application for a variance is based are unique to the parcel of landfor which the variance is sought and are not applicable, generally, to other property within the same zoning classification. C. That the purpose of the variance is not based exclusively upon a financial hardship, or a desire to increase the value or income potential of t~e parcel of land. 6-1 D. That the alleged difficulty or hardship is caused by this Title and has not been created by any persons having an interest in the parcel of land and is not a self- created hardship. E. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. F. That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. G. That the requested variance is the minimum action required to eliminate the hardship. H. Does not involve a use which is not allowed within the respective zoning district. 11-6-7: PROCEDURES: Pursuant to Minnesota Statutes 15.99, an application for a variance shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended by the City pursuant to Statute or a time waiver is granted by the applicant. Additional City requirements are as follows: A. Classifications. 1 . Minor Variance. a. Purpose. The purpose of this section. is .to provide for an expeditious method of processing variance requests which are defined as minor. b. Qualification. (1 ) Cases where hardship to existing buildings or platted property . are created as a result of public action. or change in ordinance ,standards. (2) Structure or setback deviations which are characteristic of and . common to neighboring uses and which do not exceed a ten (10) percent departure from any standard of this Title as applied to a specific piece of property. . A minor variance procedure shall not be applicable or include any proposals inVOlving fencing, shoreland, wetland, or floodplain. (3) 6-2 1108.404 1108.405 1108.406 CI'/1 or ~h~,,{' M~ Zoning Ordinance Notice. After receipt of a complete application, the Zoning Administrator shall set a date for a public hearing before the Board of Adjustment for any variance request within 30 days after receipt of the complete application for a variance. The public hearing shall be held only after the notice required by subsection 1109.200 has been given. Hearlnas. The Board of Adjustment shall hold a public hearing in accordance with subsection 1109.200 and shall hear arguments at the hearing for and against the proposed Variance and it may continue that hearing from time to time if a continued hearing is reasonably required. Final action on the proposed Variance shall be taken within 120 days after the date the complete application was received by the City. Issuance. The Board of Adjustment shall consider the effect of the proposed Variance upon the health, safety and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to public safety, the effect on the character and development of the neighborhood and the values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. The Board of Adjustment may grant a Variance from the strict application of the provisions of this Ordinance, provided that: --- ' . Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the strict application or the terms of this Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the Use District in which said lot Is located. (2) Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the Use District in which the land is located. (3) The granting of the proposed Variance is necessary for the preservation and enjoyment of a substantial property right of the owner. (4) The granting of the proposed Variance will not Impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. (5) The granting of the Variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or In any other way impair the health safety, and comfort of the area. (6) The granting of the proposed Variance wiu not be contrary to the intent of this Ordinance and the Comprehensive Plan. (7) The granting of a Variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty . May I, 1999 l108/p12 City of Prior Lake 1108.407 1108.408 1108.409 1108.410 11 08.411 1108.412 1108.413 7AJning Ordinance (8) The hardship results from the application of the provisions of this Ordinance to the affected property and does not result from actions of the owners of the property. (9) Increased development or construction costs or economic hardship alone shall not be grounds for granting a Variance. Conditions and Modifications. The Board of Adjustment may grant the Variance requested and impose conditions and safeguards as a condition to the Variance to ensure compliance with the conditions imposed and to protect adjacent properties. Appeal to the City Council. Any owner of affected property or any owner of property situated wholly or partly within 350 feet of the affected property or any officer or department representative of the City may appeal the decision of the Board of Adjustment to the City Council pursuant to subsection 1109.400. A decision of the Board of Adjustment shall not become effective until the end of the appeal period has expired. If an appeal is filed before the appeal period. the decision of the Board of Adjustment shall not become effective until the City Council has rendered a decision on the appeal. Payment of Fees. No application for a Variance from the provisions of this Ordinance shall be considered until the applicant has paid the application fee established by the City Council. No appeal of a decision shall be heard until the appellant has paid the appeal fee established by the City Council. Limitations. No application for a Variance shall be accepted. and no Variance shall be granted by the City for any of the following: )> Land uses not specifically listed within a Use District. )> Floor elevations lower than the Flood Protection Elevation. or levels of flood protection required in the Flood Plain District. Assent Form. No Variance with imposed conditions is valid until the applicant has signed an assent form and the approved exhibits which acknowledge the terms and conditions under which the Variance is granted and agrees to observe them. Flllna. The resolution approving a Variance shall include the legal description of the property for which the Variance was issued and a list of any conditions set forth by the Board of Adjustment as part of the approval of the Variance. A certified copy of the resolution shall be filed with the Scott County Recorder. Revocation and Cancellation of a Variance. A Variance may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Variance has violated any of the conditions or requirements imposed as a condition to approval of the Variance, or has violated any other applicable laws, ordinances, or enforceable regulation. The following procedures shall apply to revocations and cancellations: May 1, 1999 City of Prior l.oke l108/p13 o t<>--f1 ;eS'e'/J1<?~ E. Generally: Notice of requirement and procedures that are set forth in this Section in excess of those required by State law are directory. Failure to comply with such procedures will not invalidate the proceedings. (Ord. B, 9-19-89) F. Within ten (10) working days of the action of the Board of Appeals and Adjustments, the applicant, the Zoning Administrator, a member of the City Councilor any person owning property or residing within three hundred fifty feet (350') of the property affected by the decision may appeal the decision to the City Council. The appeal must be filed with the Planning Department. (Ord. B-20, 5-19-92) G. Findings: The Board of Appeals and Adjustments and the City Council, upon appeal, must find as follows in the granting of a v~riance i!:om this Ordinance: 1. Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. 2. Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship inconsistent with the intent of this Ordinance and the Comprehensive Guide Plan. 3. There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district. 4. Strict or literal interpretation would deprive the applicant of the use and enjoyment of his property in a manner similar to other owners in the same district. 5. Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question. H. Lapse and Reapplication: 1. A variance granted but not used shall become void one year after its effective date. 2. No application for the same or substantially the same variance shall be made within six (6) months of the date of denial. (Ord. B, 9-19-89) 14.3: APPEALS TO CITY COUNCIL: A. The City Council shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any fact, procedure, or finding made by the Board of Appeals and Adjustments or the Planning Commission. 220 City of Rosemount (j) 2-7 C;ty 800;09 0""03000 approved site plan and as required by the interim use permit approval. Such guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Section 9-2-10-L. 9-2-9 Variances. ~ Purpose of variances. Variances are intended to provide a means of departure from the literal requirements of this Title where strict adherence would cause undue hardship due to special conditions or circumstances unique to a site. It is not the intent of this Section to allow a variance for a use that is not permitted within a particular zoning district. Application for variance. Any person having a legal or equitable interest in a property may file an application for one (1) or more variances. An application for a variance shall be filed with the Zoning Administrator on an approved form and shall be accompanied by a boundary survey, site plan and any other information deemed necessary by the Zoning Administrator to facilitate review. Hearing on application for variance. The Planning Commission shall hold a public hearing on each valid and complete application for a variance. After the close of the hearing on a proposed variance, the Planning Commission shall make findings, pursuant to Section 9-2-9-E, and shall submit the same together with its recommendations to the City Council. Action by City Council on variances. The City Council shall make the final decision regarding all applications for variance from the provisions of this Title. Approval shall require a majority vote of the City Council. Required findings for variance. The City Council shall not vary the regulations of this Title unless it., makes each of the followinQ findinQs based upon thE;levidence presented to it in each specific case' --- - - - 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this Title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Title. 2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel of land. 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. 5. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. 6. The requested variance is the minimum action required to eliminate the hardship. F. Variance conditions and guarantees. The City Council may impose such conditions on any proposed variance as it deems reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this Title and the City's Comprehensive Plan. A. B. C. D. E. G. Site improvement performance agreement and financial guarantee. The applicant, as may be applicable, shall be required to guarantee completion of all private improvements as shown on the approved site plan and as required by the variance approval. Such guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Section 9-2-10-L. H. Expiration of variance. If substantial development or construction has not taken place within one (1) year of the date of approval of a variance, such variance shall be considered void unless a Chapter 2- Administration and Enforcement Plymouth City Code Page 1 of 4 Plymouth City Code 516.01 Section 516 - Administration - Variances 516.01. Purpose. The purpose ofthis section is to provide for variations from the literal provisions of this Chapter in instances where strict enforcement would cause hardship because of conditions affecting the individual property under consideration, and to grant such variances only when it is demonstrated that such actions would be in keeping with the spirit and intent of this Chapter. 516.03. Board of Adjustments and Appeals. The City Council shall be designated to act as the Board of Adjustments and Appeals. References to the "Council" hereafter in this section shall mean the City Council acting in its capacity as the Board of Adjustment and Appeals. 516.05. Review Criteria. Subd. 1. The Council shall not approve a variance unless they find failure to grant the variance will result in a hardship to the applicant, and, as may be applicable, all of the following criteria have been met: - ~ .. (a) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (b) That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. (c) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel ofland. (d) That the alleged difficulty or hardship is caused by this Chapter and has not been created by any persons having an interest in the parcel of land and is not a self-created hardship. (e) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. (t) That the proposed variation will not impair an adequate supply oflight and air to adjacent property, or substantially increase the congestion of the public http://www2.ci.plymouth.mn.us/pls/cop/docsIFOLDERlCITY_ GOV /CG _CODE/CODE _'" 5/27/2004 7;f City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: i)o-'c..... Mayor, Council Members, r I City Administrator Pv- Jim Atkinson Assistant City Planner FROM: SUBJECT: Ordinance Amending Section 10-2-1 of the Zoning Code to Include a Definition of Mixed-Use Building and Amend Section 10-5-14 (c) Subdivision 2 of the Zoning Code to Include Mixed-Use Building as a Conditional Use in the B-2 (Downtown Business) Zoning District DATE: August 2, 2004 INTRODUCTION / BACKGROUND The City of Farmington is proposing to add Mixed-Use buildings as a conditional use in the B-2 (Downtown Business) zoning district. Mixed-use buildings are those that have commercial uses on the lower level and residential uses on upper levels. These types of buildings are common in traditional downtowns. City staff and the HRA are receptive to the possibility of incorporating mixed-use buildings if or when redevelopment opportunities arise downtown. The City Code, however, does not currently include any provisions for mixed-use buildings in the B-2 zoning district. Staff is proposing to add such provisions. DISCUSSION The following Code amendments are proposed: 10-2-1 - Zoning Definitions MIXED-USE BUILDING: A single building that includes office. retail. or commercial uses on at least one (1) floor and residential apartments or condominiums on upper floors. 10-5-14 (c) 2 - B-2 Zoning District - Conditional Uses Mixed-Use Building Planning Commission Review The Planning Commission reviewed the proposed ordinance at its meeting on July 13, 2004 and unanimously recommended approval. ACTION REQUESTED Approve the attached ordinance to allow mixed-use buildings in the B-2 zoning district as a conditional use and add a definition for mixed-use buildings. Respectfully Submitted, "1. ~.1 - ~ I . (. / '-I ~ Jim Atkinson Assistant City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-2-1 AND SECTION 10-5-14 ADDING MIXED-USE BUILDINGS AS A CONDITIONAL USE IN THE B-2 DOWNTOWN BUSINESS ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 10, Chapter 2, Subdivision 1 of the Farmington City Code is amended by adding a definition for mixed use buildings: MIXED-USE BUILDING: A single building that includes office. retail. or commercial uses on at least one (1) floor and residential apartments or condominiums on upper floors. SECTION 2. Title 10, Chapter 5, Subdivision 14(c)2 of the Farmington City Code is amended by adding mixed-use buildings as a conditional use in the B-2 zoning district: Conditional: Mixed-Use Building SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2004, by the City Council of the City of CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: David Urbia, City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of ,2004. 7/. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.m.n.us FROM: tfv Mayor, Council Members & City AdminiS~~ Tina Schwanz ~ r - Planning Intern TO: SUBJECT: Amend Section 10-5-7 of the Zoning Code to Delete the Rear Yard Setback for Multi- Family DATE: August 2, 2004 DISCUSSION Section 10-5-7 of the City Code lists a rear yard setback for multi-family under the R-2 Zoning District. Multi-family is not an allowable use in the R-2 Zoning District. The specification of a rear yard setback for multi-family in the R-2 Zoning District is therefore a typographical error that needs to be corrected. Planning Commission Review On July 13, the Planning Commission recommended approval of the attached Ordinance amending Section 10-5-7 of the Zoning Code. RECOMMENDATION Approve an Ordinance amending Section 10-5-7 to delete the rear yard setback for multi-family under the R-2 Zoning District. Respectfully Submitted, Tina Schwanz Planning Intern CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-5-7 OF THE ZONING CODE RELATED TO REAR YARD SETBACKS IN THE R-2 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 10, Chapter 5, Subdivision 7 of the Farmington City Code is amended as follows: 10-5-7 Rear yard setback: Multi Family: ReM Yard Setback: W SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2004, by the City Council of the City of CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: David Urbia, City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of , 2004. //'Y] 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, IlifJ v City Administrator ~ Jim Atkinson Assistant City Planner FROM: SUBJECT: Ordinance Amending Section 10-5-12 of the Zoning Code Related to Rear Yard Setbacks in the R-D (Downtown Residential) Zoning District DATE: August 2, 2004 INTRODUCTION The City of Farmington adopted a new Zoning Code in May of 2002 that included many changes from the previous Code. While drafting the new Code, however, some errors were made by the consultants that weren't noticed until after adoption of the new Code. Since adoption of the new Code in 2002, the City has adopted amendments to correct several of the errors. At this time, staff is requesting an amendment to the rear yard setback requirement in the R-D (Downtown Residential) zoning district. The Code currently requires a rear yard setback of 20 feet, but should be only six (6) feet. DISCUSSION Staff is requesting the following Code amendment: 10-5-12 (b)(1) - R-D Zoning District Rear Yard Setback: W Q feet Planning Commission Review The Planning Commission reviewed the proposed ordinance at its meeting on July 13, 2004 and unanimously recommended approval. ACTION REQUESTED Approve the attached ordinance amending the rear yard setback in the R-D zoning district. Respectfully S~bmitted, q~at:- Jim Atkinson Assistant City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-5-12 OF THE ZONING CODE RELATED TO REAR YARD SETBACKS IN THE R-D (DOWNTOWN RESIDENTIAL) ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 10, Chapter 5, Subdivision 12 of the Farmington City Code is amended as follows: 10-5-12 (b)(I) Rear Yard Setback: W Q feet SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2004, by the City Council of the City of CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: David Urbia, City Administrator SEAL By: City Attorney Published in the Farmington Independent the _ day of ,2004. 717 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: Joel Jamnik, City Attorney Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Acquire Easement for Pond by Eminent Domain - Main Street Project DATE: August 2, 2004 INTRODUCTION As part of the Main Street Project, Phase 2, the City's pond PW-P1.14, as designated in the City's Surface Water Management Plan (SWMP), more commonly known as the Wausau Pond, needs to be expanded (as outlined in the 2/2/04 memo to Council). The pond is located adjacent to and partially on the former Wausau property, now owned by Dakota Storage LLC. On April 19, 2004, the City Council passed Resolution No. R33-04 Authorizing Condemnation of Property for Public Uses under the 90-day quick take provisions of the state eminent domain laws. The Resolution provided that: 1. The City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statute Chapter 117 to acquire the property interests necessary to proceed with City Project 01-04. 2. The City Attorney is authorized to acquire the necessary property interests pursuant to the "quick take" provisions of Minnesota Statute Section 117.042. 3. The Mayor and City Clerk are authorized to execute all documents necessary, in the opinion ofthe City Attorney, to effect the acquisition of the necessary property interests. The quick-take notice was served on the property owner on May 3, 2004, and the required 90 day waiting/negotiating period will expire on August 3, 2004. The City may proceed to acquire the property after that date by tendering payment per the statute. DISCUSSION As part of the April Council action, staff indicated that they would continue to work with the property owner with the goal of reaching an agreement for the easements before condemnation is ultimately necessary. While staffhas been in contact with the property owner and has continued to try to reach a negotiated agreement to acquire the property by direct purchase instead of the use of eminent domain proceedings, as ofthe writing of this memo an agreement has not been finalized. In order to insure that the City can expand the pond this summer in conjunction with the Main Street Project, it now appears that use of eminent domain authority is necessary. Unless the process is suspended or terminated by the Council, the next step is for the City to tender to the Court or property owner the City's appraised value for the property. Following this payment, the title for the easements will transfer to the City. BUDGET IMPACT The payment for the easements as outlined in the appraisal is $27,500. This amount would be funded out of the Storm Water Fund. ACTION REQUESTED None required. Payment and acquisition will occur pursuant to the April 19t\ 2004 Council action unless the Council directs staff and the City Attorney to suspend or abandon the process. R~7ectfully submitted, cY~-~-~ Joel Jamnik City Attorney ~fh~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Marty Kiehm /0 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers City Administrator ~ FROM: Daniel M. Siebenaler, Police Chief SUBJECT: Grant Application DATE: August 2, 2004 INTRODUCTION On Wednesday, July 28, 2004 the Minnesota Department of Public Safety announced an Office of Justice Programs, Justice and Community Grant. Staff is requesting permission to submit an application for this grant. DISCUSSION The Justice and Community Grant is a Law Enforcement grant that will allow the purchase equipment needed to improve police functionality. The grant may be used to purchase individual items in excess of $5,000 and up to a combined maximum of $30,000. Several items in the proposed five-year capital outlay budget currently under consideration at the staff level fall into these parameters. As noted the application period opened on July 28th and final decisions will be made by mid-September. This is a very tight timeline and submittals must be completed quickly. BUDGET IMPACT The Grant requires a 10% cash match from the City. Such a match would mean a match of up to $3,000 by the City. The $3,000 match would be taken from a portion of the affected equipment line item in the proposed 2005 budget. ACTION REQUESTED Authorize staff to apply for the Office of Justice Programs, Justice and Community Grant in an amount up to $30,000 with a 10% City match. Daniel M. Siebenaler Chief of Police /O~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator ~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Consider Entering Into Agreement for Cardboard Recycling DATE: August 2, 2004 INTRODUCTION The City's Solid Waste Division currently hauls cardboard to a recycling site at the Pine Bend Landfill in Inver Grove Heights. The City currently does not receive any money for the cardboard. DISCUSSION The Solid Waste Supervisor and Public Works Administrative Assistant researched Liberty Diversified Industries (LDI) a company that accepts and recycles cardboard material. The LDI cardboard dump site is located in Savage, Minnesota. The factory that the cardboard is hauled to and processed at is owned by LDI and is located in Baxter, Minnesota. If any City officials are ever interested in touring the factory, it can be arranged with LDI. All of the cardboard that they receive is hauled directly to their factory for processing. Stafflearned that LDI will pay for cardboard material and bases its pay on how clean the cardboard is that is hauled to their site. Payment for the cardboard material is based on three different classes. The higher the class and the less waste material that is found with the cardboard the more money that is paid for the cardboard. Currently Class I is 10% or less waste material, Class II is 50% or less waste material and Class III is 75% or less waste material. Ifthere is more than 75% waste material included in the cardboard it will still be accepted but no money is paid for the cardboard. Staff visited the LDI facilities and met with a representative from the company who presented a proposal to staff in regards to the City either hauling cardboard to their site or having an auger type compactor and box at the Central Maintenance Facility (CMF). After reviewing the proposal, staff feels that the better option is having the compactor and box at the CMF for the following reasons: . The City will save a ~ hour of drive time meaning that there will be less staff costs than what is currently occurring when hauling cardboard to Inver Grove Heights. It is estimated that reduction in staff time to haul cardboard will be approximately 425 hours annually by having a compactor and box on site at the CMF. . The City will reduce the wear and tear on the vehicle from hauling to Inver Grove Heights. The cardboard would only be hauled to the CMF where it would go into the compactor. . The City will reduce the fuel costs to haul cardboard. . The City will receive money for the cardboard. This amount is currently $25.00 per ton. This may fluctuate depending on the cardboard market. . The cardboard will be picked up by LDI when the box is full at which time they will deliver a new box to replace the full box. Staff feels that there is adequate space for the compactor and box on the northeast corner of the Solid Waste side of the CMF. The unit will remain outside the building and so will not impact the interior storage space for vehicles and equipment. It will also be located in such a manner that it will not be in the way of Solid Waste operations. The box and compactor are enclosed so it will not be affected by wind blowing the cardboard material around. LDI has indicated that it would take about 8-16 weeks to build the compactor and box for the City. BUDGET IMPACT: There is no up front cost to the City for the box or compactor. If the City goes forward with having a compactor and box at the CMF, it would require Solid Waste purchasing a grapple hook bucket initially for a skidster that will be used to load the cardboard into the compactor after the cardboard is dumped on the ground at the CMF. The cost of the grapple hook bucket will be $2,500.00. Ifthe City Council is interested in pursuing an agreement with LDI, then staff would propose that the funding for the grapple hook bucket come from some of the proceeds of the sale of Solid Waste's small garbage truck, which has been approved for sale by the City Council. In the short term it is felt that Solid Waste could borrow the Parks or Public Works skidster but long term it would need to lease a skidster. Preliminarily it has been identified to be leased in the 2005 Solid Waste budget. The City hauls 350 tons of cardboard annually. If the City receives $25.00 per ton, then in it feasible that in less than two years the City could recover the cost of purchasing a new grapple hook bucket and skidster. ACTION REQUESTED To approve by motion directing staff to work with LDI in creating an agreement that will be returned to the City Council for consideration at a future meeting. ~t~l~ ~ ~tad, Parks and Recreation Director cc: Benno Klotz, Solid Waste Supervisor Lena Larson, Public Works Administrative Assistant /IQ., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ciJarmington.mn.us TO: Mayor, Councilmembers and City Administrator pV'~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Hiring Consultant for Community Center Feasibility Study DATE: August 2, 2004 INTRODUCTION City Council at its July 6, 2004 meeting tabled a decision to its August 2, 2004 meeting on the hiring of Ballard King and Associates (BKA) to complete a Community Center Feasibility Study (CCFS) for the City of Farmington. DISCUSSION The City Council had previously requested that staff research when the CCFS proposal expired. Staffhad contacted BKA about the expiration date of the CCFS proposal and learned that the proposal was valid until August 20, 2004. This information has previously been communicated to the City Council at it July 6, 2004 meeting. The City Council had also requested that staff identify a funding plan for the Park Improvement Fund to determine what kind of impact the CCFS would have on the fund. Attached is Exhibit A a spreadsheet that identifies the five-year Capital Improvement Plan (CIP) for creating future park master plans for the City's parks and funding park improvements to new and existing parks. The 2005 figures that are shown reflect the balance of the Park Improvement Fund after 2004 expenditures which includes the cost to make improvements to both Meadowview and Tamarack Parks and assumes completing the CCFS. The five year plan identifies a total cost of $4,225,000 to develop new parks and a cost of $1 ,825,000 to redevelop existing parks. As you can see by the projected five-year CIP plan, regardless of whether the CCFS moves forward or not, the City will have a negative balance in one of the five years but after the five years there will be a positive balance. The five year plan also assumes doing two separate bond issues related to the development of a park in the Seed Genstar property and redeveloping Rambling River Park. The plan also assumes rolling into the bond issues the cost to improve the other parks identified those years as well. This plan is not without peril. It makes some assumptions about future development and how quickly the City receives park development fees from developers. It also makes some assumptions about how much cash in lieu the City will receive each year. Obviously as land value rises, the cash in lieu amount could also rise. Under this plan, it also assumes that the City will not acquire park land through fee acquisition but will acquire park land through the park dedication process. The City will need to keep a healthy balance between acquiring the land it needs to develop a park and trail system and taking cash in lieu of land to fund future park improvements. When this five year plan is analyzed, it seems to raise broader questions about how should the City fund future park improvements as well as park land acquisition. Should existing parks when improved rely on park dedication fees to pay for the improvements or should there be some other dedicated funding source? Should park dedication cash-in-lieu and park development fees from new developments fund only the development of new parks? Should some ofthe park dedication cash-in-lieu fees be dedicated towards purchasing additional land for parks? Should park improvement costs projected over a certain dollar amount be funded through general obligation bonds that need voter approval? Should the City defer the improvements identified through the park master planning process in existing parks until after new parks are constructed? Should the City accept more cash-in-lieu than land when taking park dedication fees? Should future park land acquisition occur through some method other than through the park dedication process and thereby freeing the City to take more cash-in-lieu of land from developers to help pay for future park improvement costs? Whether the City Council moves forward with approving the hiring ofBKA for the CCFS or not, it seems appropriate that a future workshop between the City Council and the Park and Recreation Advisory Commission should be set up to discuss these issues that have t>een raised related to funding park improvements and park land acquisition. The Park and Recreation Advisory Commission discussed the hiring ofBKA for the CCFS at its July 14, 2004 meeting and still strongly recommends to the City Council to hire BKA to complete the CCFS for the City of Farmington. I have also attached Exhibit B, which is a CCFS that BKA completed for Forest Lake, Minnesota, in order to give you a better idea about what is included in a CCFS report and what information that you could expect to receive for the money spent on a CCFS. BUDGET IMPACT As shown in Exhibit A, the Park Improvement Fund will have a negative balance in one of the five years whether the CCFS is done or not. On the other hand, BKA submitted a proposal that also happened to have the lowest quote of all proposals. The quote that BKA submitted to complete the CCFS was $32,000 plus an estimated $5,000 for reimbursables. The high quote that was received to complete a CCFS was $76,044.00. The Park Improvement Fund over the years has received transfers of funds from liquor store profits. The liquor store fund transfers that have been deposited into the Park Improvement Fund exceed the cost of the CCFS. Since this is the case, it is being recommended that payment for the CCFS should come from the liquor store profits that have been deposited into the Park Improvement Fund over the past few years. ACTION REQUESTED The Park and Recreation Advisory Commission at their July meeting continued to express their support for completing the CCFS. Based on this continued support, it is being recommended that the City Council approve the attached agreement hiring BKA to complete a CCFS for the City of Farmington and that payment for the CCFS should come from the liquor store profits that have been deposited into the Park Improvement Fund over the last several years. ~?fY~~ ~a~ Parks and Recreation Director cc: Park and Recreation Advisory Commission Members <-- -\- I - .~ __ tI) ~~ 'X~ lll~ >- V') .... Q) bJ) ""0 ;:j eel a - ~ e= Q) s Q) :> o ;... s- - - ro .... .~ u 0 0 0 0 0 co 0 0 0 0 0 co 0 0 0 0 0 0 0 Cl co It) 0 0 0 0 It) 0 0 0 Cl It) <0 0 0 0 0 eo 0 0 0 Cl eo ,...: ci ci ci ..... fIS ci Ili ci an M en ..... 'V 0 0 It) ('I) 0 CO? N C) N N N eo N N .., C) N - 0 0 0 0 0 N 0 0 0 0 0 co 0 0 0 0 0 0 0 Cl co 0 'V 0 0 0 0 0 It) 0 0 0 0 Cl It) 0 ('I) 0 0 0 0 0 eo 0 0 0 0 Cl eo ci Ili Ili ci ci ci ..... 0 ci Ili a:i ci M ,: co It) 'V N 'V 0 It) N ('I) ..... It) Cl .... ..... ..... ..... N 'liI;. ..... C'I!. 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U Q. ..oJ en w w w 0 w --_..--._~ E~b~t b f;;rE'St L cc- [ee tLFS Facility Aquatics Ice General Fitness Revenues Daily 225,000 90,000 22,500 11,250 67,500 Annual Passes 618,175 185,453 30,908 61,818 278,178 Multiple Admissions 19,360 7744 1936 968 5808 Rentals 239,200 5,000 212,800 18,800 Fitness 94,848 94,848 Aquatics 93,024 93,024 General 123,684 123,684 Sports 71,496 Pro Shop 6,000 1,320 1,980 660 1,980 Skate Rental 6,500 6,500 Vending 12,500 6,250 2,500 1,250 1,250 Babysitting 17,550 5,850 5,850 5,850 Concessions 195,000 68,250 68,250 19,500 19,500 Advertising 5,000 1,000 1,000 1,000 1,000 Video Games 6,000 1,800 1,800 600 600 Skate Rental 6,000 6,000 Birthday parties 34,200 20,520 8,550 Total Revenue 1,773,537 486,211 364,724 245,380 476,514 Summary Expenses 2,117,492 671,975 394,042 355,661 367,076 Revenue 1,773,537 486,211 364,724 245,380 476,514 Difference -343,955 -185,764 -29,318 -110,281 109,438 Recovery 84% 72% 92% 69% 129% Gymnasium 33,750 61,818 2904 2,600 71,496 1,250 19,500 1,000 600 5,130 200,048 328,348 200,048 -128,300 61% Ooerations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Operations Analysis 4.20.04 The operations analysis represents a conservative approach to estimating expenses and revenues and was completed based on the best information available and a basic understanding of the project. Fees and charges utilized for this study represent the current market rate fee structure and are subject to review, change, and approval by the City of Forest Lake. There is no guarantee that the expense and revenue projections outlined in the operations analysis will be met as there are many variables that affect such estimates that either can not be accurately measured or are subject to change during the actual budgetary process. Expenditures Expenditures have been formulated on the costs that were designated by the consultant to be included in the operating budget for the facility. The figures are based on the size of the center, the specific components of the facility, and the hours of operation. Actual costs were utilized wherever possible and estimates for other expenses were based on similar facilities in other areas of the country. All expenses were calculated to the high side and the actual cost may be less based on the final design, operational philosophy, and programming considerations adopted by staff. Facility - A community recreation center with a two court gymnasium, aerobics room, weight/cardiovascular area, track, leisure pool with water slide, spray features and spa, 25-yard competitive pool, multi-purpose/meeting rooms, youth fitness area, child care room, community theatre, ice rink, concession area and administrative area. Approximately 90,000 square feet. Operation Cost Model: Cateeorv Facilitv Budeet Personnel Full-time existing 742,500 Part-time 835,492 Total $1,577,992 1 Ballard*King and Associates Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Studv Operation Cost Model cont. Catel!o~ Facility Budl!et Utilities 247,500 (gas & elect) Water/sewer2 0 Communications 12,000 Contract services3 22,000 Training/Conference 4,500 Rental equipment 1,500 Advertising 35,000 Bank charges 8,000 Printing 16,000 Trash 1,500 Postage 2,000 Lifeguard Certification 4,500 DueslMemberships (ASCAPIBMI) 6,000 Insurance4 30,000 Others 1,500 Total $392,000 1 Rate factored at $2.75 per square foot 2 Water and sewer cost are provided by the City of Forest Lake and consequently no dollars were allocated for this line item. 3 Contract services includes pool systems, HV AC, exercise equipment, elevator, fire alarm system, music, office equipment and copy machine. 4 Line item estimate is pending review and recommendation by the City's insurance carrier 2 Ballard*King and Associates Operations Analysis Preliminarv Draft Forest Lake Community Recreation Center Study Operation Cost Model cont. Cates!Orv Facilitv Bud2et Commodities Office Supplies 9,500 Food Supplies 65,000 Pro-Shop 4,500 Janitorial supplies 13,500 Repair/maint vehicles 3,000 Chemicals 18,500 Rec. program supplies 10,000 First aid supplies 1,500 Uniforms 5,000 Maintlrepair materials 15,000 SubscriptionslPublications 500 Misc. 1,500 Total $147,500 Cate20rv Facilitv Bud2et Capital Replacement fundS 25,000 Total $ 25,000 Grand Total $ 2,142,492 5 Capital needs will be minimal during the first year of operation since most equipment and operating systems will be under warranty. It is strongly recommended that a sinking fund be established with a goal to build adequate reserves that meet future capital needs. American Public Wodes recommends planning for 2%-4% of construction cost for capital and maintenance needs. Since maintenance costs have been factored into this pro-forma, a target for building the sinking fund to a level of $250,000 is desirable. 3 Ballard*King and Associates Ooerations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Staffing levels: Positions Facilitv Budeet Full-Time Facility Director 70,000 Recreation Supervisor Aquatic 50,000 Recreation Supervisor Ice* 50,000 Recreation Supervisor 50,000 Maintenance Foreman 50,000 Recreation Leader (2) 70,000 Maintenance Worker (2) 60,000 Building Attendant (5) 100,000 Admin/Clerk (2) 50,000 Salaries 550,000 Benefits (35% of salaries) 192,500 Total Full-Time Personnel 742,500 FTE (full-time equivalent) 15 Note: Pay rates were determined based on the Forest Lake's job classification and wage scale. The positions listed are necessary to ensure adequate staffing and provide for a full-time staff member presence during all open hours of the facility. Maintenance and custodial staffing numbers are for personnel associated with the upkeep and operation of the indoor center. The wage scales for both the full-time and part-time staff positions reflect estimated wages for 2004. 4 Ballard*King and Associates Operations Analvsis Preliminary Draft Forest Lake Community Recreation Center Study Positions Part-Time Facilitv Budeet Front desk ($7. 5 O/hr) Lifeguard (40 weeks) ($8.00/hr) Lifeguard (12 weeks) ($8.00/hr) Head guard (40 weeks) ($ 13.00/hr) Head guard (12 weeks) ($ 13.00/hr) Fitness attendant ($7.50/hr) Skate attendant (36 weeks) ($7.00/hr) Office aid ($9.00/hr) Baby-sitter ($7.00/hr) Day Camp (12 weeks) ($8.00/hr) Birthday Party Host ($7.001hr) Concessions (40 weeks) ($6.75/hr) Concessions (12 weeks) ($6.75/hr) Building attendant ($1O.00/hr) 352 hrs/wk 137,280 439 hrs/wk 140,480 482 hrs/wk 46,272 53 hrs/wk 27,560 64 hrs/wk 9,984 96 hrs/wk 37,440 96 hrs/wk 24,192 42 hrs/wk 19,656 100 hrs/wk 36,400 500 hrs/wk 48,000 20 hrs/wk 7,280 166 hrs/wk 44,820 183 hrs/wk 14,823 42 hrs/wk 21,840 Program Instructors6 Aquatics Fitness General Sports Salaries Benefits (7.65% of part-time wages) 21,660 51,360 24,192 62,880 $776,119 $59,373 Total Part-Time Salaries $835,492 6 Program instructors are paid at several different pay rates and some are also paid per class or in other ways. This makes an hourly breakdown difficult. 5 Ballard*King and Associates Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Revenues The following revenue projections were formulated from information on the specifics of the project and the demographics of the service area as well as comparing them to national statistics, other similar facilities and the competition for recreation services in the area. Actual figures will vary based on the size and make up of the components selected during final design, market stratification, philosophy of operation, fees and charges policy, and priority of use. All revenues were calculated conservatively as a result. Revenue Projection Model: Catee:orv Facilitv Bude:et Fees Daily Admissions 225,000 Annual Passes 618,175 Multiple 19,360 Rentals 239,200 Total $1,101,735 Programs Fitness 94,848 Aquatics 93,024 General 123,684 Sports 71,496 Total $ 383,052 6 Ballard*King and Associates Operations Analysis Preliminary Draft Revenue Projection Model cont. Other Pro-shop Skate rental Vending Baby sitting Concessions Advertising Video games Skate Sharpening Birthday Parties Total Grand Total 6,000 6,500 12,500 17,550 195,000 5,000 6,000 6,000 34,200 Forest Lake Community Recreation Center Study $ 288,750 $ 1,773,537 Ballard*King and Associates 7 Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Expenditure - Revenue Comparison Expenditures Revenue Difference Recovery percentage $2,142,492 $1,773,537 ($368,955) 83% forma was completed based on the best informatio project. However, there is no guarantee that outlined above will be met as there are many at either can not be accurately measured or are not c the budgetary process. Future years: Expenditures - Revenue Comparison: Operation expenditures are expected to increase by approximately 3% a year through the first 3 to 5 years of operation. Revenue growth is expected to increase by 5% to 10% a year through the first three years and then level off with only a slight growth (3% or less) the next two years. Expenses for the first year of operation should be slightly lower than projected with the facility being under warranty and new. Revenue growth in the first three years is attributed to increased market penetration and in the remaining years to continued population growth. In most recreation facilities the first three years show tremendous growth from increasing the market share of patrons who use such facilities, but at the end of this time period revenue growth begins to flatten out. Additional revenue growth is then spurred through increases in the population within the market area, a specific marketing plan to develop alternative markets, the addition of new amenities or by increasing user fees. Hours of Operation: The projected hours of operation of the community center are as follows: Monday - Friday Saturday Sunday 5:30am to 9:30pm. 6:00am to 8:00pm. Noon to 8:00pm. Hours per week: 102. Hours usually vary some with the season (longer hours in the winter, shorter during the summer), by programming needs, use patterns and special events. 8 Ballard*King and Associates t Operations Analvsis Preliminary Draft Forest Lake Community Recreation Center Study Fees and Attendance Projected Fee Schedule: The fee schedule has been formulated from information gathered during the telephone survey conducted during the feasibility phase of this project. Revenue projections will be calculated from this fee model. The monthly rate listed is the cost of an annual pass broken down into twelve equal payments and does not include any handling fees. It should be noted that monthly bank draft convenience for customers would encourage more annual pass sales. However, there are bank fees and a substantial amount of staff time spent managing the bank draft membership base and consideration should be given to pass on some form of a handling fee for bank draft customers. Category Daily Annual Monthly Adult $ 6.00 $ 350 $ 29.16 Adult Discount $ 5.00 $ 300 $ 25.00 Youth $ 4.00 $ 170 $ 14.16 Youth Discount $ 3.00 $ 140 $ 11.66 Senior $ 5.00 $ 290 $ 24.16 Senior Discount $ 4.00 $ 250 $ 20.83 Senior Plus NA $ 425 $ 35.41 Senior Plus Discount NA $ 375 $ 31.25 Family NA $ 575 $ 47.91 Family Discount NA $ 495 $ 41.25 Single Family NA $ 480 $ 40.00 Single Family Discount NA $ 425 $ 35.41 The fee schedule above was developed as the criteria for estimating revenues. Actual fees are subject to review and approval by The City of Forest Lake. 9 Ballard*King and Associates Onerations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Admission Rate Comparison: The above rates were determined based on the competition in the area (public and private) and the rates paid at similar facilities in the St. Louis and Twin Cities area. The rates paid for other recreational activities in the area and the current recreation fee schedule were also considered when establishing these rates. For comparison, the rates for some of the other service providers in the area are listed below. These rates were collected from the MPRA Gateway to Success School. R t C T bl a e ompanson a e ,.;;;..,. ...... Adult Pass Family Pass AdultDaUy \'()"tltl~~iJY' '..< , , ReslNoD ReslNon Res.lN~n ReslNon St. Charles 275/340 $440/550 $5/6 $3/4 Ballwin $305/480 $440/685 $4/6 $3/6 Clayton $296/445 $5241741 $6/9 $4/6 Fenton $225/305 $390/525 $4/6 $3/5 Richmond Heights $200/330 $300/500 $417 $3/4 St. Peters $270/465 $395/590 $3.50/5.25 $2.50/3.50 Maplewood $350/450 $500/600 $7/9 $517 Chaska Egan Maple Grove Shoreview $290/385 $495/650 $617.50 $5/6.50 10 Ballard*King and Associates Operations Analvsis Preliminary Draft Forest Lake Community Recreation Center Study Attendance projections: The following attendance projections are based on the revenue figures that were identified earlier in this report. The admission numbers are affected by the rates being charged, the facilities available for use, and the competition within the service area. The figures are also based on the performance of other similar facilities in other areas of the country. These are averages only and the yearly figures are based on 360 days of operation. Yearlv paid admissions Facilitv Budeet Daily (150 daily admission) 54,000 Annuals (1,620 sold annually) 168,480 Multiple (310 sold annually) 6,200 Total Yearly 228,680 Total Daily 635 Admission for pass holders were figured based on 104 visits per year for the Recreation Center. Family admissions were counted as only one admission. Multiple admissions represent twenty admissions per unit sold. Note: Attendance for other events, programs, and spectator functions is difficult to predict but a best guess estimate is approximately 2.5 times the number of paid admissions. Recreation centers are traditionally the busiest from November to March and Mid-June to Mid-August and are slow from April to early June and again from mid- August to the end of October. Weekdays between the hours of 5pm and 8pm are the busiest times of the week, and weekends are also very busy during the winter months. In contrast, mid-morning and early afternoons on weekdays are usually slow as well as weekends during the summer months (especially Sundays). 11 Ballard*King and Associates Operations Analvsis Preliminary Draft Forest Lake Community Recreation Center Study Section VI - Part-Time Staff Hours Time Hours Staff Days Total Hours/Wk Front Desk Mon-Fri 5:30am - 7:30am 3 1 5 15 7 :30am-9:3Opm 14 2 5 140 3pm-9:3Opm 6.5 3 5 97.5 Saturday 8am -IOpm 14 2 1 28 10am- 9:30pm 11.5 3 1 34.5 Sunday Noon - 9:30pm 9.5 2 1 19 Noon - 6pm 6 3 1 18 Total 352 hours Lifeguards (40wks) Mon - Fri 6am - 3pm 9 2 5 90 3pm - 9pm 6 7 5 210 Saturday 9am -Noon 3 2 1 6 Noon - 9:30pm 9.5 7 1 66.5 Sunday Noon - 9:30pm 9.5 7 1 66.5 Total 439 hours 12 Ballard*King and Associates Operations Analvsis Preliminary Draft Forest Lake Community Recreation Center Study Lifeguards (12wks) Mon - Fri 6am - Noon 6 2 5 60 Noon - 6pm 6 7 5 210 6pm - 9:30pm 3.5 5 5 87.5 Saturday 9am -Noon 3 2 1 6 Sat/Sun Noon - 6pm 6 7 2 84 6pm-9:3Opm 3.5 5 2 35 Total 482 hours Head Lifeguard (40 wks) Mon - Fri 3pm -9pm 6 1 5 30 Saturday 8am -9:30pm 13.5 1 1 13.5 Sunday Noon - 9:30pm 9.5 1 1 9.5 Total 53 hours Head Lifeguard (12 wks) Mon - Fri Noon -9pm 9 1 5 45 Sat/Sun Noon-9:30pm 9.5 1 2 19 Total 64 hours 13 Ballard*King and Associates Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Babysitter Mon - Fri 8am-lpm 5 2 5 50 4pm - 8pm 4 2 5 40 Saturday 8am-1pm 5 2 1 10 Total 100 hours Fitness/Gym Attendant Mon - Fri 8am-lpm 5 1 5 25 4pm - 8pm 4 2 5 40 Saturday 8am - 9:30pm 13.5 1 1 13.5 Sunday Noon - 9:30pm 9.5 1 1 9.5 Sat/Sun Noon-4pm 4 1 2 8 Total 96 hours Concession Workers (40 weeks) Mon - Fri llam -3pm 4 1 5 20 3pm -IOpm 7 2 5 70 Sat/Sun 8am -IOpm 14 2 2 56 Noon-1Opm 10 1 2 20 Total 166 hours 14 Ballard*King and Associates Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Concession Workers (12 weeks) Mon - Fri 11am -4pm 5 3 5 75 4pm-1Opm 6 2 5 60 Sat/Sun Noon-4pm 4 3 2 24 4pm-l0pm 6 2 2 24 Total 183 hours Birthday Party Host Sat - Sun Noon-4pm 4 2 2 16 Friday 6pm-1Opm 4 1 1 4 Total 20 hrs Day Camp Mon-Fri 8am - 3:30pm 7.5 12 5 450 PrelPost care 2.5 4 5 50 Total 500 hrs Building Attendant Mon-Fri 2pm-8pm 6 1 5 30 Sat/Sun 3pm-9pm 6 1 2 12 Total 42 hours 15 Ballard*King and Associates Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Office Aid Mon- Thur 2pm-7pm 5 1 4 20 Friday 2pm-1Opm 8 1 1 8 Sat/Sun lOam - 5pm 7 1 2 14 Total 42 hours Rink Attendant (36 weeks) Mon-Fri 9am-llam 2 2 5 20 Wednesday 3pm -5pm 2 3 1 6 Fridav 7pm -lOpm 3 5 1 15 Sat/Sun 2pm - 5pm 3 5 2 30 9am - 9:30pm 12.5 1 2 25 Total 96 hrs 16 Ballard*King and Associates Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Program Staff Cost Aquatic Instructors Type Classes Sessions Rate Cost Swim Instructors 80 12 $9.00/hr 8,640 Private Lessons 150 Annual $10.00/lesson 1,500 Water Fitness 48 12 $20.00/hr 11,520 Total $21,660 Fitness Instructors Type Classes Sessions Rate Cost Aerobics 14/wk 48 wks $25.00 16,800 Weight Classes 4/wk 48 wks $25.00 4,800 Pilates 4/wk 48 wks $30.00 5,760 Yoga 6/wk 48 wks $30.00 8,640 Thi Chi 4/wk 48 wks $30.00 5,760 Power Flex 4/wk 48 wks $25.00 4,800 Youth Fitness 4/wk 48 wks $25.00 4,800 Total $51,360 Sports Type Games Weeks Rate Cost Adult Basketball 12 36 wks $60.00 25,920 Youth Basketball 12 36 wks $50.00 21,600 Adult Volleyball 8 36 wks $20.00 5,760 Youth Volleyball 8 36 wks $20.00 5,760 Youth Sports 4 48 wks $20.00 3,840 Total $62,880 17 Ballard*King and Associates Ooerations Analysis Preliminary Draft Forest Lake Community Recreation Center Study General Type Hrs/wk Weeks Rate Cost Youth in Motion 4 48 $ 12.00/hr 2.304 Dance/Tumbling 4 48 $ 12.00/hr 2,304 Martial Arts 4 48 $ 12.00/hr 2,304 Tiny Tot Adventure 24 48 $ 12.00/hr 13,824 Arts/Crafts 6 48 $ 12.00/hr 3,456 Total 24,192 18 Ballard*King and Associates Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Section VII - Pro2ram Fees and Revenue Worksheet Daily Admissions Category Adult Adult Discount Youth Youth Discount Senior Senior Discount Number 20 25 35 50 10 10 Total Daily (per day average) 150 Annual Recreation Center Category Number Adult 95 Adult Discount 375 Youth 20 Youth Discount 95 Senior 40 Senior Discount 165 Senior Plus 20 Senior Plus Discount 85 Family 120 Family Discount 500 Single Family 25 Single Family Discount 80 Total Annuals 1,620 Multiple Category Youth Youth Discount Adult Adult Discount Seniors Senior Discount Fee $ 6.00 $ 5.00 $ 4.00 $ 3.00 $ 5.00 $ 4.00 Daily Revenue $120.00 $125.00 $140.00 $150.00 $ 50.00 $ 40.00 Fee 360.00 300.00 170.00 140.00 290.00 250.00 425.00 375.00 575.00 495.00 480.00 425.00 $ 625 x 360 days = $225,000 Revenue 33,250 112,500 3,400 13,300 11,600 41,250 8,500 31,875 69,000 247,500 12,000 34,000 $618,175 Number Fee Revenue 65 64.00 4,160 125 48.00 6,000 20 96.00 1,920 30 80.00 2,400 25 80.00 2,000 45 64.00 2,880 310 $19,360 Total Ballard*King and Associates 19 Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Rentals Category Number Fee Session Revenue Leisure Pool 20 250 5,000 Meeting Room 104 25 2,600 Wedding Receptions 20 450 9,000 Graduation Parties 4 1,800 7,200 Gymnasium 52 50 2,600 Youth Hockey 650 160 104,000 High School Hockey 360 160 57,600 Figure Skating Club 180 160 28,800 Adult Hockey 140 160 22,400 Total $239,200 Fitness Category Number Fee Session Revenue Aerobics 84 32.00 12 32,256 Youth Fitness 20 32.00 12 7,680 Weight Lifting 20 32.00 12 7,680 Pilates 24 40.00 12 11,520 Yoga 36 40.00 12 17,280 Thi-Chi 24 32.00 12 9,216 Power Flex 24 32.00 12 9,216 Total $94,848 Aquatics Category Number Fee Sessions Revenue Swim Lesson 60 28.00 12 20,160 Private Lessons 150 12.00 Annual 1,800 Water Fitness 72 35.00 12 30,240 Swim Team 18/wk 54.00 42 40,824 Total $93,024 General Category Number Pre School/Day Camp 75 Fee 65.00 Session 12 Revenue 58,500 20 Ballard*King and Associates Operations Analysis Preliminary Draft Forest Lake Community Recreation Center Study Dance/Tumbling Arts/Crafts Martial Arts Youth in Motion Tiny Tot 40 40 24 30 24 28.00 28.00 28.00 32.00 65.00 12 12 12 12 12 13,440 13,440 8,064 11,520 18,720 Total $123,684 Birthday Parties Number 360 Fee $95.00 Revenue $34,200 Babysitting Category Members Number 25 Fee 2.25 Days 312 Revenue $17,550 $17,550 Total Sports Category Number Fee Session Revenue Adult BB 18 400.00 3 21,600 Youth BB 18 350.00 3 18,900 Adult VB 12 275.00 3 9,900 Youth VB 18 250.00 2 9,000 Youth Sports 36 28.00 12 12,096 Total $71,496 21 Ballard*King and Associates August 2, 2004 Council Packets This is an additional page for item lla) Community Center Feasibility Study Farmington, MN. Community Center Needs Assessment Study Letter of Agreement Terms: 1. Ballard*K.ing and Associates agrees to provide the consulting services that are outlined in the attached scope of service for the City of Farmington. Payment shall not exceed $32,000 for personnel cost. All materials and documents prepared by Ballard*K.ing as part of the scope of services shall be provided to the City to be used as the City determines and shall otherwise be considered governmental data under the State Data Practices Act whether in the possession of the City or Ballard*K.ing. 2. All expenses incurred by Ballard*K.ing and Associates that are directly related to the completion of this agreement will be reimbursed by the same based on actual cost of service plus ten percent (10%). 3. Any modification in the scope of services and fees must be mutually agreed upon to in writing prior to implementation ofthe changes. 4. The project fee will be billed at selected intervals of the project upon completion of those specified project services. All invoices are due in full within 30 days of the bill's receipt. A monthly interest rate of 1 and 112 will be assessed on any outstanding balance after 30 days. Date City of Farmington Ballard*K.ing and Associates Date 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.