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HomeMy WebLinkAbout01.05.04 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past and foster a promisingfuture. AGENDA REGULAR CITY COUNCIL MEETING January 5, 2004 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 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/or Audience Comments) 7. CONSENT AGENDA a) . Approve Council Minutes (12/15/03 Regular) (12/15/03 & 1/3/04 Special) b) Approve LMCIT Excess Liability Coverage - Finance c) Appointment Recommendation - Human Resources d) Approve Temporary On-Sale Liquor License - Administration e) Adopt Resolution - Approve Gambling Event Permit - Administration f) Approve Placement of Signs in Right-of-Way - Engineering g) Amend 2004 Fee Schedule Ordinance - Administration h) Capital Outlay - Parks and Recreation i) Appointments to Boards and Commissions - Administration (Supplemental) j) Approve Bills k) Appointment Recommendation - Fire Department Approved Approved Approved Approved R1-04 Approved Approved. Information Rec;e:ived Tabled 1/20/04 Approved Approved 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration b) Vacate Roadway Easement Glenview Commercial Addition - Community Development Approved R2-04 9. AWARD OF CONTRACT O. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration b) November 2003 Financial Report - Finance c) Order Feasibility Report - Spruce Street Extension Project - Engineering Approved Information Received R3-04 11. UNFINISHED BUSINESS a) Approve Meadowview Park Master Plan - Parks and Recreation b) Approve Comprehensive Plan Amendment - Trail Master Plan - Parks and Recreation c) City Hall Site Selection - Administration d) Approve City Administrator Contract - Human Resources (Supplemental) 12. NEW BUSINESS a) Adopt Ordinance - Amending Winter Parking Restrictions - Police 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 January 5, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS I. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (12/15/03 Regular) (12/15/03 Special) b) Approve LMCIT Excess Liability Coverage - Finance c) Appointment Recommendation - Human Resources d) Approve Temporary On-Sale Liquor License - Administration e) Adopt Resolution - Approve Gambling Event Permit - Administration f) Approve Placement of Signs in Right-of-Way - Engineering g) Amend 2004 Fee Schedule Ordinance - Administration h) Capital Outlay - Parks and Recreation i) Appointments to Boards and Commissions - Administration (Supplemental) j) Approve Bills k) Appointment Recommendation - Fire Department 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration b) Vacate Roadway Easement Glenview Commercial Addition - Community Development 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration b) November 2003 Financial Report - Finance c) Order Feasibility Report - Spruce Street Extension Project - Engineering Action Taken Pages 1-22 Page 23 Page 24 Page 25 Pages 26-27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Pages 34-43 Pages 44-79 Pages 80-81 Pages 82-83 11. UNFINISHED BUSINESS a) Approve Meadowview Park Master Plan - Parks and Recreation b) Approve Comprehensive Plan Amendment - Trail Master Plan - Parks and Recreation c) City Hall Site Selection - Administration d) Approve City Administrator Contract - Human Resources (Supplemental) 12. NEW BUSINESS a) Adopt Ordinance - Amending Winter Parking Restrictions - Police 13. COUNCIL ROUNDTABLE 14. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 fax (651) 463-2591 www.ci.fal1Dington.m~.us TO: Mayor & Councilmembers FROM: Daniel M. Siebenaler, Interim City Administrator SUBJECT: Supplemental Agenda DATE: January 5, 2004 It is requested that the January 5,2004 agenda be amended as follows: CONSENT AGENDA 7a) Approve CouncD Minutes (1/3/04 Special) Approve the Minutes from the Board and Commission Interviews held January 3, 2004. 7i) Appointments to Boards and Commissions - Administration Approve appointments to various Boards and Commissions. UNFINISHED BUSINESS lId) Approve City Administrator Contract - Human Resources Approve the City Administrator Contract for Mr. David Urbia. Respectfully submitted, (J ~. ij Ir7~ ~_/i:~.-: bJ .. O""':.....A:"# .-...-<-ct" . -::: . .,/ Daniel M. Siebenaler Interim City Administrator 7 a.... COUNCIL MINUTES BOARDS AND COMMISSIONS INTERVIEWS January 3, 2004 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 8:05 a.m. 2. ROLL CALL Members Present: Ristow, Fitch, Fogarty, Soderberg (arrived 8:15 a.m.) Members Absent: Cordes 3. INTERVIEWS The City Council interviewed 16 applicants for seats on various Boards and Commissions. Recommendation for appointment was made and will be ratified at the January 5, 2004 Council meeting. 4. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 1:37 p.m. APIF, MOTION CARRIED. Respectfully submitted, , A ~~ {L-~z>t~~ ,)7? e-<.,f.:~~~'~/ .,. -;l'"'' - CYnthia Muller Executive Assistant '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, Interim City Administrator FROM: Lisa Shadick, Administrative Services Director SUBJECT: Appointments to Boards and Commissions DATE: January 5,2004 INTRODUCTION / DISCUSSION The City Council, at a special meeting held January 3,2004, interviewed and proposed the following appointments to Boards and Commissions: Seat Heritage Preservation 1) 2) 3) Parks & Recreation 1) 2) 3) Planning Commission 1) 2) 3) Applicable Term 2/1/04-1/31/07 2/1/04-1/31/07 2/1/04-1/31/05 2/1/04-1/31/07 2/1/04-1/31/07 2/1/04-1/31/06 2/1/04-1/31/06 2/1/04-1/31/06 2/1/04-1/31/06 New Appointment Edgar Samuelson Vacant Vacant Robin Hanson Dawn Johnson Randy Oswald Ben Barker Todd Larson Sherry Richter Rambling River Center Advisory Board 1) 2/1/04-1/31/07 Betty Steege 2) 3) 2/1/04-1/31/07 Edgar Samuelson 2/1/04-1/31/06 Vacant Water Board 1) 2/1/04-1/31/07 Robert Shirley Housing and Redevelopment Authority 1) 2/1/04-1/31/09 Tamara Witt Upon approval of the City Council the applicants will be notified by letter and will receive an Oath of Office and Certificate of Appointment. ACTION REOUIRED Council by-laws state that commission appointments shall be made at the second regular meeting of the year. However, given that the interviews have already taken place, the action requested is to approve the appointments to the various Boards and Commissions for the above stated terms. Respectfully submitted, ~/lAltad~ Lisa Shadick, Administrative Services Director / / d EMPLOYMENTAGREEMffiNT AGREEMENT made this 5th day of January, 2004, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("Employer"), and David Urbia ("Employee"). The parties agree as follows: 1. POSITION. Employer agrees to employ Employee as its City Administrator with an employment start date of ,2004. Employee agrees to serve as City Administrator in accordance with state statutes and City ordinances and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign. 2. MOVING AND RELOCATION ALLOWANCE. Employer shall pay Employee $5000 for relocation expenses if employee moves his household to Farmington within one year, and $2500 for relocation expenses if employee moves his household to Farmington within the second year of employment. Payment shall be made upon receipt by the City of documentation that the permanent relocation has occurred. 3. PENSION PLAN. Employer shall contribute to PERA as required by State law for Employee or, as authorized by State law, an alternate pension plan if selected by Employee in an equivalent amount based on the PERA employer contribution amount. 4. SALARY. Employer shall pay Employee a salary of $ 89,000 per year starting February 1,2004. Employee shall be given an initial performance review after six (6) months and annually thereafter. No salary adjustment or contract modification is contemplated at the six (6) month review, and any subsequent adjustment to any compensation or benefits under this Agreement shall be made only upon express action of the City Council. 1 5. SENIORITY. For purposes of employment benefits such as sick leave, vacation leave, and the like, Employee will be credited with having completed five years of employment with the City upon his first day of employment. 6. SICK LEAVE. Effective upon Employee's first day of employment, Employee shall be credited with twenty days of accrued sick leave. In addition, Employee shall accrue and use sick leave in accordance with the City's then current personnel policies. Employee shall be subject to any maximum accrual (currently 1040 hours) and payment upon separation limits (currently, one -fourth of accrued leave after 5 years and one-half of accrued leave after 10 years) established in the City's personnel policies. 7. VACATIONS. Effective upon Employee's first day of employment, Employee shall be credited with ten days of accrued vacation leave. In addition, Employee shall accrue vacation leave beginning with fifteen days annually and thereafter in any greater amounts in accordance with the City's personnel policies. Employee will be subject to the annual maximums as established in the City's personnel polices. 8. HOLIDAYS. Employer shall provide Employee the same holidays as enjoyed by other non-union employees. 9. GENERAL INSURANCE. Employer shall provide Employee the same group hospital, medical, dental, life and disability insurance benefits as provided to all other non-union employees. The Employee shall be responsible for insurance coverage costs pending any waiting period or eligibility limitation for enrollment in the City plan. 10. DUES AND SUBSCRIPTIONS. Employer shall budget and pay the professional dues and subscriptions for Employee which are necessary for Employee's continued participation in 2 national, regional, state and local associations (ICMA, MCMA) necessary and desirable for Employee's continued professional participation, growth and advancement. 11. PROFESSIONAL DEVELOPMENT. Employer shall budget and pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other committees thereof which Employee serves as a member. Employee shall seek prior Council approval for any professional development activity that necessitates out of state travel or registration and/or expenses in excess of$500. Employee shall use good judgment in his outside activities so he will not neglect his primary duties to the Employer. 12. CIVIC CLUB MEMBERSIDP. Employer recognizes the desirability of representation in and before local civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations as approved by the Council at Employer's expense. 13. AUTOMOBILE. Employee shall be paid a monthly allowance of $250 per month for use of his personal automobile for Employer business, and shall comply with all applicable rules and regulations regarding automobile allowances. 14. GENERAL EXPENSES. Employer shall reimburse Employee miscellaneous job related expenses which it is anticipated Employee will incur from time to time when provided appropriate documentation. 15. HOURS OF WORK. It is understood that the position of City Administrator requires attendance at evening meetings and occasionally at weekend meetings. It is understood by Employee that additional compensation and compensatory time shall not be allowed for such additional expenditures of time. It is further understood that Employee may absent himself from the 3 office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. 16. TERMINATION BENEFITS. In the event that Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Administrator, then in that event, Employer agrees to pay Employee at the time of receipt of his last pay check a lump sum cash payment equal to six (6) months aggregate salary and to continue to provide and pay the employer contribution for the benefits set forth in paragraph 9 for a period of twelve (12) months following termination. Any payment of accrued vacation and sick leave shall be limited to that amount payable to other City employees as provided in the City's personnel policies. However, in the event Employee is terminated because of his conviction for an illegal act of employee, then Employer shall have no obligation to pay the termination benefits. If Employer at any time during the employment term reduces the salary or other financial benefits of Employee in a greater percentage than across-the-board reduction for all non-union employees, or if Employee resigns following a formal suggestion by Employer that he resign, then Employee may, at his option, be deemed to be "terminated" on the effective date of Employee's resignation and the Employee shall also be entitled to receive the termination benefits set forth above. If Employee voluntarily resigns his position with Employer, Employee agrees to give the Employer thirty (30) days advance notice. If Employee voluntarily resigns his position with Employer, there shall be no termination pay due to Employee other than payment for accrued vacation and sick leave consistent with the City's personnel policies. 17. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of 4 Employee at any time, for any reason, subject only to the provisions of this Agreement and statutory requirements. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provisions of this Agreement. IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalf by its Mayor and , and Employee has signed this Agreement, in duplicate, the day and year first written above. EMPLOYER: CITY OF FARMINGTON EMPLOYEE: BY: Gerald G. Ristow Its Mayor AND Daniel M. Siebenaler Its Interim City Administrator 5 kL COUNCIL MINUTES REGULAR December 15,2003 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; Dan Siebenaler, Interim City Administrator/Police Chief; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Randy Distad, Parks and Recreation Director; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Tim Gross, Assistant City Engineer; Cynthia Muller, Executive Assistant Randy Oswald, Michelle Meschke, Tim Burke, Sherri Buss, Michelle Schmidt, Lynne Halterman, Mike Buringa, Sid Inman 4. APPROVE AGENDA Councilmember Cordes pulled item 7a) Council Minutes (12/1/03 Regular) (12/3/03 Special) to abstain. Councilmember Fitch and Mayor Ristow pulled item 7k) page 2 for discussion. MOTION by Soderberg, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA a) MOTION by Soderberg, second by Fogarty to approve Council Minutes (12/1/03 Regular) (12/3/03 Special). Voting for: Ristow, Fitch, Fogarty, Soderberg. Abstain: Cordes. MOTION CARRIED. k) Councilmember Fitch had a question regarding the $5,000 payment to Mr. Francis Blaha. Finance Director Roland explained the HRA has approved negotiations with Mr. Blaha regarding his property on Spruce Street. The negotiations resulted in an Option Agreement which is currently under consideration. There was another $5,000 check cut last month. Both of these checks are being held, as they are part of the negotiations with Council Minutes (Regular) December 15,2003 Page 2 the Option Agreement. The checks were cut so they would be available upon the signing of the Agreement. Councilmember Fitch asked about the details of the Option Agreement and if we lose the $10,000 if we decide not to purchase the property. Community Development Director Carroll replied originally staff suggested an Option Agreement to minimize the city's financial exposure in the event Council decided not to go ahead with purchasing the property. That was rejected by the other party. Staff then worked on a Contract for Deed whereby there would be $5,000 down and then another lump sum payment of $25,000 60 days after that. That would have been a total of $30,000 within the first 60 days. This was patterned after an agreement Mr. Blaha was working on with another party, which fell through. The party that owns the property talked to the attorney about the Contract for Deed and the attorney said the Option Agreement made more sense. Staff reverted back to the Option Agreement. The terms were changed to get away from the $25,000 payment. It was changed whereby the seller would get $10,000 at the time the Option Agreement was entered into. The city would then have 60 days to buy the property at a specified price. If we did not want to exercise that option within 60 days, we could pay an additional $5,000 and have an additional 30 days to make a decision. We would be paying within the first 60 days a maximum of $10,000 as opposed to the $30,000. Staff believes this structure is advantageous to the city and the HRA. The HRA has agreed to this arrangement. Mayor Ristow asked if this was the HRA's money. Finance Director Roland replied that is correct, it is HRA money. It is identified on the list of bills as HRA Special Revenue Account. It will also show up on the HRA' s list of bills. The HRA will ultimately approve the agreement. Mayor Ristow asked if this was still contingent on the closing of the two properties in the industrial park. Community Development Director Carroll replied it was his understanding that Council indicated a desire to finance the Blaha transaction with HRA funds. In the event that a couple pending HRA transactions fall through, there may be some question as to whether we would want to go ahead with this acquisition. That is the reason we structured it as an option so we are not committed to pay the entire amount until we know we have the funds available. MOTION by Fitch, second by Soderberg to approve the bills. APIF, MOTION CARRIED. MOTION by Soderberg, second by Fitch to approve the Consent Agenda as follows: b) Approved Appointment Recommendation - Police c) Adopted RESOLUTION R90-03 and R91-03 Approving 2004 Tax Levy and Budget - Finance d) Received Information Heritage Preservation Commission 2003 Annual Report - Administration e) Adopted RESOLUTION R92-03 2004 Non-Bargaining COLA Agreement- Human Resources f) Adopted RESOLUTION R93-03 Approved Clerical, Technical, Professional Contract - Human Resources g) Adopted RESOLUTION R94-03 Approved Maintenance Contract - Human Resources h) Adopted RESOLUTION R95-03 Approved LELS Contract - Human Resources Council Minutes (Regular) December 15,2003 Page 3 i) Approved Agreement County Hauler Financial Incentive Payment and State Processing Payment - Parks and Recreation j) Adopted RESOLUTION R96-03 Approved Heritage Preservation Commission Consultant Contract - Administration k) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Ordinance - Approving 2004 Fee Schedule - Administration Staff presented proposed changes to the 2003 Fee Schedule for 2004. The fees are equitable to other communities. There were only minor changes to the schedule. MOTION by Soderberg, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Fitch adopting ORDINANCE 003-504 establishing 2004 charges and fees for licenses and permits effective January 1,2004. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Sales of $2,150,000 G.O. Refunding Bonds series 2003B and $600,000 G.O. Refunding Bonds Series 2003C - Finance (Supplemental) The bonds were sold today. Regarding the $2,150,000 G.O. Refunding Bonds there were 7 bidders. Legg, Mason, Wood, Walker was the low bidder with an interest rate of2.0541 %. This saved $184,600. This reduced the amount of the bond issue. The other bond issue was for $600,000 worth of G.O. Tax Increment Refunding Bonds. These are to refund the TIF bonds of 1993. The interest rate came in at 4.74%. There were five bids. The low bidder was Cronin and Company. This resulted in a savings of$53,814. Mr. Sid Inman, of Ehlers & Associates, stated Moody's has returned the city's A3 bond rating. Moody's also stated the city continues to be in such strong financial consideration, they will consider another upgrade the next time. This was a rather unusual comment, which he has not heard in 25 years. The total savings to the city was $238,000 of interest over the life of the bonds. Mr. Inman stated Ehler's recommends approval of the low bidders. MOTION by Soderberg, second by Cordes, adopting RESOLUTION R97-03 awarding the sale of$2,150,000 G.O. Refunding Bonds of2004A to Legg, Mason, Wood, Walker. APIF, MOTION CARRIED. MOTION by Fogarty, second by Fitch adopting RESOLUTION R98-03 awarding the sale of $600,000 G.O. Refunding Bonds of2004B to Cronin & Company. APIF, MOTION CARRIED. Council Minutes (Regular) December 15, 2003 Page 4 b) SeedlGenstar AUAR Responses to Comments - Community Development Staff is nearing the end of the environmental work for the Seed/Genstar property. Ms. Sherri Buss, ofBonestroo, has been coordinating the work on the AUAR. There were a small number of comments received on the AUAR, many were informational. The largest number of comments related to the transportation issue, and the fact that the number of trips in this development, at full development, will exceed the capacity ofHwy 3. That is acknowledged in the AUAR. Most of the comments were asking the city to work with MnDOT, Empire Township, and other agencies to plan for east-west routes to take some of the traffic offHwy 3. Other comments were specific design issues. A small number of comments were related to North Creek and to the wetlands along the creek. They were requesting the city have increased requirements for wetland buffers and other requirements for the wetlands. This cannot be done without going beyond the city's wetland ordinance. North Creek is not in the designated trout stream area. As there is a very wide floodplain in the area, the wetlands will be getting more protection than normal. The wetland policy would not be changed for this development. The responses to comments will be mailed to the agencies. They have 10 working days to raise any objections. At the end of the 10 days, the city is free to adopt the final AUAR. Councilmember Fogarty asked if there was a chance North Creek could be given the trout stream designation. If that would happen, how much would change for this development? Ms. Buss felt it was unlikely this would happen as the designation was just changed last December. Councilmember Fitch noted they suggested from 160th Street to where it connects south of Main Street, that Hwy 3 should be four lanes. It said there is no plan for that, and asked if they were saying the city would have to pay for that. Ms. Buss replied the Traffic Engineer thinks they want the city to pay for the studies. By the time the project goes north of Farmington the impact of the development falls off compared to everything else and it is not fair to ask the city and the developer to pay for the studies or the roadway impacts that far north. It is not due to the development. It is due to other things going on in the county and in Empire Township. Councilmember Fitch then noted they tried to say the city was responsible for their water runoff. Ms. Buss replied only from one side ofthe roadway. The east side of the roadway is Empire Township's responsibility. Mayor Ristow noted this project started in 1997. At that time Ms. Leslie Vermillion, ofMnDOT, showed entrances along a frontage road and to coordinate that with Empire Township and the county. Ms. Buss stated that is why the AUAR recommended two or three access points to Hwy 3. The transportation will require a lot of coordination between everyone. Mayor Ristow noted the continuation of 195th Street to the east will be important. Ms. Buss felt that is one of the first things to be developed in coordination with the county. Council Minutes (Regular) December 15,2003 Page 5 MOTION by Soderberg, second by Fogarty accepting responses to comments and directing staff to mail the comments to the agencies for their 10-day review. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Approve Meadowview Park Master Plan - Parks and Recreation This item was tabled at the November 17 and December 1, 2003 Council Meetings. Since then, staffhas received an e-mail from Mr. Brian Watson, Dakota County Soil and Water Conservation District, regarding questions on the boardwalk going through the wetland. Parks and Recreation Director Distad met with Mr. Watson and discussed the project. After seeing the photos and the design of the project, he provided further comments. Mayor Ristow stated Mr. Watson was previously concerned with whether there was any grade to the boardwalk or the use of concrete. The boardwalk would be elevated above the high water mark. Councilmember Soderberg noted Mr. Watson stated it was his opinion water quality and wetland habitat issues would not be adversely impacted under any of the trail design scenarios as long as an elevated boardwalk is implemented and consideration is given to future high water levels. Staff stated Mr. Watson had also spoken with the residents and the residents have an alternative plan. Mr. Watson was ok with any ofthe plans as long as his concerns are addressed during the construction of the boardwalk. Ms. Michelle Meschke, 19984 Evensong Avenue, stated she has stressed that if they had not been mislead by the developer, the builder, and the city, she would not be standing before the Council and Parks and Recreation Commission. She would have been able, when she purchased her lot, to make an informed decision on whether or not she wanted to buy that particular lot, whether she wanted to buy a lot in Charleswood at all, or whether she wanted to live in Farmington at all given the preservation of the wetland issue, and the resident concern issue. The only thing she could not have foreseen was the cost of the boardwalk, so she could not have taken that into consideration. That is the main problem. There are lots of reasons, particularly the cost, why a boardwalk should not be built. She thanked the Council, because this is the first time someone has wanted to work with them, not being on their side, but listening and trying to come up with a plan that is amenable to everyone. If it were up to her, she would not want any boardwalk in this wetland. In talking with Councilmembers, there is a concern for the southerly access. They are not trying to keep people out of the park. There are trails designed to go to the park. Granted they are further away and not as convenient as a boardwalk through the wetlands would be. Given that is the Council's main concern, the residents tried to come up with a plan that addressed everyone's concern. They proposed the boardwalk comes out into the cul-de-sac between the townhomes on Langford Lane. This moves the boardwalk away from the resident's backyards who were told there would never be anything in their backyards, were never shown a map, even when asked, that there was going to be a trail in their backyard. They have seen the Genstar map showing the trail which was already in. They thought that was as far as the trail would go, or Council Minutes (Regular) December 15,2003 Page 6 Genstar would have gone all the way with it. Now there are some maps floating around they have never seen, showing the trail behind their backyards. If she had seen a proposal that was going to be directly on her property before she bought her lot, she would not have bought her lot. She would have thought long and hard if this proposal had come back because of what they paid for their lots and the buffer that has been taken from their lots even though they pay taxes on it. The residents tried to come up with something they thought would be amenable to everyone. By moving it over to Langford Land, which comes out into the townhomes, they took it away from the backyards of residents where there is no buffer. No protection, they are wide out into the open, everyone can see into their backyards. By the townhomes, there is tree cover. She cannot even see the townhomes in the winter with the leaves off the trees from her home. It gives a southerly access. Because people in the townhomes seemed to raise the most concern about needing a southerly access, the residents thought moving it over toward the townhomes would give them better access. The residents also thought it might be a shorter distance, thereby lowering the cost of the boardwalk. There was a proposal at the last Council meeting, that the cost could be reduced by the use of the MN Conservation Corp. Another resource was the Koch Refinery grants they give for environmental projects such as this. That number was 1/3 of the cost. Now that number has been represented to some citizens as the actual cost and that raised a concern with her because she has not seen a signed contract that says they are going to do it, she has not seen a signed contract that says this will be the cost. Even if we do submit an application, there is no guarantee that it will be granted. If it is granted, there is no guarantee that the cost will be 1/3. To her cost is still an issue, because there is no guarantee the cost will be 1/3 and so financial responsibility is still an issue that is on the table. Unless she sees a contract, which she understands they cannot until it is approved for $77,000 that is a huge issue for her. Other concerns were that keeping the boardwalk where it is now, as proposed, if bikers come across the boardwalk, they will zip down to 200th and keep going across 200th onto what is proposed as an ongoing boardwalk on the other side. That is a concern to her, because she knows kids are not going to stop. With dumping the boardwalk onto a cul-de-sac there is no traffic. They will have to come down that cul-de-sac lane and hook up to 200th Street and have a better view of the street and the through traffic. Their proposal also addresses Council's concerns for looping. Ms. Meschke stated one Councilmember expressed a desire for looping. Moving the boardwalk would also address that concern. She stated the residents tried to address everyone's concerns. She now understands Langford Lane is run and maintained by the association. She did not know if permission was need, or how they go about getting permission, but felt that is something that needed to be researched. Another issue was whether or not the elevation leading up to Langford Land would allow handicap access. Again, that is an issue that needs to be researched. If you want to do something, you can find a way to do something. Another issue is that technically this trail would connect Council Minutes (Regular) December 15, 2003 Page 7 to a trail that does not yet exist. One alternative is that if they can get the Conservation Corp involved, and the cost of the boardwalk is 1/3, there will be quite a bit of money left over. She was going to propose that we could pave a partial trail from the park to the boardwalk. It would not be prudent to go all the way to Pilot Knob Road, given we do not know if Pilot Knob Road will be made a 4-lane, we do not know how the future development will impact that part of the trail. She tried to come up with alternatives to the concerns that have been raised. The residents would be amenable to this alternative plan if the research could be done on it to find out if those issues and concerns are feasible. As far as the other changes, she felt most people would agree that the viewing platform is unnecessary. Ifwe have a boardwalk, that is a huge platform. It is redundant, and a cost that does not need to be there. The cost was $7200. More picnic tables and grills could be used for the $7200. The third change they proposed was to make a loop around the wetland island to avoid backtracking. Surrounding the perimeter might be safer, and there would not be a need to clear as much. That is completely open, if people do not want the loop around the island, that is fine. That was on the original Genstar map. They tried to come up with an alternative that is amenable to everyone and meets everyone's concerns. She encouraged Council to not adopt the park plan as proposed and send it back for further research on the boardwalk issue. She did not know if they can approve part of the plan, and put part of it on hold. Ifthat is possible, she would recommend that. However, the park cannot be built tomorrow, it is winter. We need to get this right, and take our time to come up with a solution that is amenable to everyone. Depending on constraints she encouraged Council to turn this plan down and send it back to the Parks and Recreation Commission for further research on the issues they raised and the alternative plan. Mayor Ristow asked if the area down to the open ballfield is fine, just the realignment of the trail to the cul-de-sac is needed. Ms. Meschke replied yes. Councilmember Fitch recalled it is standard procedure when Council approves a final plat that the trail system is on a final plan. Was this or was it not on the final plat? Councilmember Soderberg spoke with former Parks and Recreation Director Jim Bell, and his comment was that there was some dispute between him and the developer. Originally they wanted the trail to come from the end of the island out to the cul-de-sac where Ms. Meschke and other residents live. Had they done that they would have lost an entire building lot. The two mutually agreed somewhere along the way the Master Plan for the park itself would include a trail to the south. That is why it did not get put on that particular phase of the plat. It was put on the Comprehensive Plan and was identified before the developer went in there, so the developer was aware of it, but chose not to disclose the trail. Councilmember Fitch stated it is incumbent upon the city, if that is one of our requirements, to put the trail on the plat. He personally did not see an excuse for not having that done. Addressing the residents concerns, he hoped that the city would take steps to make sure in future developments that this is not overlooked. Ifwe come to a standstill with the developer, he would rather Council Minutes (Regular) December 15, 2003 Page 8 make sure the thing is done right, rather than say we will address it at some point in the future. That does not do anyone any good and puts future Council's in a precarious position which is unfair to future people that have to deal with these issues. Regarding the expense of the boardwalk, he was concerned with the expense of maintenance. Keeping up wood, treated or not, is not an easy task. Has that been given any thought? Mayor Ristow stated regarding this not being platted, he spoke with Mr. Juetten and asked ifhe could explain how this was laid out and ifhe could recall where the trail was to go. Mr. Juetten explained it was to go down to the ballpark and to CSAH 31. Mayor Ristow said Mr. Juetten stated there was never any indication of the trail going to any of the properties along Evensong Avenue or the cul-de- sac. Mayor Ristow asked Mr. Juetten why the trail was not put in. Mr. Juetten told him it was through park dedication fees. Ms. Meschke stated the residents did get a Genstar map from Parks and Recreation Director Distad which had the trails highlighted and it showed exactly what Mayor Ristow described. It also showed a trail going around the wetland island which still has not been put in. There was supposed to be a trail that branched off and came out to Evensong below Evensong Court. An easement was never filed. Councilmember Soderberg stated regarding the proposal through Langford Lane, that is a private street and would have to cross private property which would involve obtaining a right-of-way, which can get expensive and cumbersome. With regard to making sure developers inform people, as he spoke with a number of people in Charleswood, there was a lot of miscommunication, not only about the boardwalk or the trail, but the wetland buffer, sidewalks, etc. Ms. Meschke came up with the idea of having some sort ofa disclosure. Since developers seem to be dropping the ball on disclosing certain things in developments, can the city require a disclosure so each homebuyer is informed and the city would have some record. Interim City Administrator Siebenaler stated in the past the city has required the developer to display maps of the surrounding area and the plat in their model homes. Councilmember Fitch stated the map is supposed to be a final plat. It would not have done any good in this case, because we did not force the developer to delineate the trail on the final plat. Whether we think someone was mislead or not, if we did not make it a condition on the final plat, then there was no responsibility of the developer to put it on a final plat map, because it was not required at the time. Councilmember Fitch felt we dropped the ball somewhere and being part of the city, we are responsible for part of this, of the bad communication and miscommunication about what should have been done along there. He would like to look at the long term cost and maintenance and let's work with the citizens. He felt we had to bear some of the brunt because we did not force the developer to do the things we are telling him right now he should be doing. He cannot disclose what the city is not telling him should be there. Council Minutes (Regular) December 15, 2003 Page 9 Councilmember Soderberg noted the issue with kids crossing 200th Street, we have the same issue along other trails. Mayor Ristow recalled in the area of 190th Street, residents wanted stop signs at intersections because of the children. Councilmember Fogarty stated signage was put up, it was striped, and is very visible now. Councilmember Fitch stated we have established crosswalks on quite a few of the cross streets. The problem is we still have drivers that are not aware of the law with crosswalks. Councilmember Soderberg stated with regard to the cost of the boardwalk, that was a flag for him, and he was given comfort in that regard with Parks and Recreation Director Distad's comments and contact with the MN Conservation Corps. He would certainly be amenable to making the boardwalk a contingency on keeping the cost contained. Obtaining definite numbers on maintenance costs is a valid concern. The concern of throwing a boardwalk in there at $77,000 is ludicrous when that is a significant portion of the entire budget for the park. Councilmember Fogarty stated the alternative of putting it onto Langford Land permanently ends the trail connection. It cannot go through to anything. As far as putting children out onto streets, that for sure does. Ms. Meschke stated on Evensong Avenue, the trail that currently comes out dumps right onto a very, very busy street and there are no sidewalks. On Langford Lane, it is a cul-de-sac, there is no through traffic. 200th Street is even worse. Mayor Ristow stated when he and Mr. Watson met with different residents, his point was the shortest distance across the wetland would be best for a boardwalk. Mr. Tim Burke, 20087 Heathrow Way, stated it is interesting about the cost and keeping it under control, he agreed we do need to do that. If you build it far enough way, then cost is not an issue for some folks. There has been some talk about tabling this issue again tonight, and he hoped that would not happen. He felt Council had all the information they need to make the decision about the Master Plan. Weare talking about the Master Plan and the information and what is best for Farmington going forward. We cannot go back and fix what happened before and have the developers be more forthright with people or make sure that what city employees told homeowners that they were correct or understood properly. That is water under the bridge. Right now we have a park we are trying to get designed and built in a timely fashion that makes the most sense based on what the situation is today. Ifwe have issues about disclosure whether it is from developers or how city employees talk to prospective homebuyers that is a separate issue. That is a policy issue for the city. Let's not get that mixed up with the Master Plan issue which is before the Council tonight. The plan is as good as we are going to get. The one thing we may agree on is the viewing platform. He could see the platform going away and saving that $7200. In terms of Council and Parks and Recreation Commission and staff listening to homeowner's concerns, he felt they have done that. The original plan was to build a path right behind the homes along Evensong Avenue. After hearing the concerns of the homeowners, that was taken out and the boardwalk put in, several hundred feet away from those homes. So the concerns were heard and were acted on. The Mayor's concerns with Mr. Watson were prior to the understanding that he had Council Minutes (Regular) December 15,2003 Page 10 about how the boardwalk would be constructed and that it would be above the high water level rather than creating any kind of a disturbance. His memo makes it clear he does not have a problem with the plan as it is presented in the Master Plan. Mr. Burke felt the right thing to do is to listen to the Parks and Recreation Commission, staff and consultants who have considered these matters and have brought to you the best plan based upon the situation we have today. An economical boardwalk, a functional recreation area for picnicking, sports, etc. A plan that fits into the larger development plan for trails and parks in the city and that also opens the possibility for an enlarged park from a new dedication from the development coming to the east in the next year or two. Mr. Burke urged Council to pass the plan as is and to do it tonight so plans can go forward. He understood if the boardwalk is done, the MN Conservation Corps prefers to do that in cold weather where they make the least disturbance on the ground. If it can be done this winter, time does become an issue, or it gets put offuntil the next winter and we do not have a useful parkland until 2005. He urged Council to vote on the plan tonight and approve the Master Plan endorsed by the Parks and Recreation Commission. Ms. Lynn Halterman, 19988 Export Trail, stated they do not back up to the wetlands, but with the proposed plan they have no access to it. They have to go through the neighbor's yards to get to the wetlands or to the boardwalk. She would prefer Council put this off until they have all the information. They have lived there for two years and have not had a park. What is one more year? Ifwe need to take time to make a right decision and get all the information, that is more important. She encouraged Council not to rush into anything. Mr. Randy Oswald, 19282 Evenston Drive, stated Council has been given quite a few proposals in the last few weeks. One of the things the Parks and Recreation Commission looked at was the materials for the boardwalk. There are new materials, such as composite materials. They moved in 2 !h years ago, and found out the farmer behind him owns 16 feet of what he thought was his lot. The farmer has been kind enough not to plow right up to his lot line and the residents have mowed and kept the grass nice. He heard the trail was not shown on the plat drawings. He recalled the trail is shown on the 2020 Comp Plan. The Parks and Recreation Commission looked at this as being city property. They tried to accommodate the residents by moving it away from their property. Even though there are no trees, it is a space buffer. One thing that has bothered him, is the poor access to the park. When the development to the east comes in, there will be some street front access. As far as taking time to make a decision and getting all the information, the Parks and Recreation Commission have obtained information and also Council. He urged Council to accept the plan as presented. He could see the platform going away. He has heard the figures of $77,000 and $28,000. The plan has to be approved and then we can move forward and finalize those things. Do we put it out onto Langford Lane? As has been mentioned costs go up. You are dumping it onto a private street. The plan for 200th Street is to have a trailhead there. What makes sense? He understood the resident's feelings that Council Minutes (Regular) December 15,2003 Page 11 live to the north and their need for not wanting it there. He understood the ball was dropped. He also understood they have to make a decision, whether it be yes or no, but urged Council to make the decision tonight. Ms. Michelle Schmidt, 19969 Evensong Avenue, stated they keep getting accused of bringing up the $77,000 and that it is the highest cost. That is the number the residents were given on the spreadsheet directly from the city. The residents did not pull $77,000 out of the air. They did not have a bunch of numbers they were given an option from. That was on the spreadsheet when this was first proposed. Regarding the $27,000 from the MN Conservation Corps, she spoke with Mr. Adam Robbins of the MN Conservation Corps. She said he could not give her any numbers. He said so much depends on the exact type of the boardwalk, the structure, and the length. Without having a plan in front of him, he could not give her an educated guess of the cost. She was not sure where the $27,000 came in or why it is being thrown around as the current cost. The MN Conservation Corps would not confirm that with her, and she stated maybe that is because she is a private citizen and not a part of the city. Even ifit is proposed at $77,000 she did not know if it would actually come in at $27,000 there are so many variables into the cost. Regarding Mr. Oswald's comments and the residents being given an opportunity, Ms. Schmidt stated the Parks and Recreation Commission did not move the boardwalk. That was because of the first open forum meeting and residents expressed their concern and it was moved. It was tabled at the first Parks and Recreation Commission meeting. When it was brought up to be voted on, a major change occurred with the viewing platform overlooking all of our backyards and we were not allowed to comment on it. It was voted through. She commended the Council on allowing residents to speak, taking the time to hear all sides, working with them and trying to find a fair compromise. Mr. Mike Buringa, 406 14th Street, and a member of the Parks and Recreation Commission, stated they are ready to let the system work it's magic. It is hurtful to hear these residents say this is the first time they have been heard. If that is the case, he wasted three hours of his time that night listening to their concerns, tabling the motion, going back and doing the homework making sure that some of these concepts of being mislead were addressed. We did show a map that was printed from 1998 that showed the trail going through the development. The difference between the misunderstanding of what the city is being accused of and what the developer is being accused of is the idea of construction. There will be no construction behind our place. In the big picture they looked at construction as houses, and they were right. It did not take into consideration the construction of trails, etc. especially with a park back there. The Parks and Recreation Commission does not want this back. We have done our homework and are giving Council the best recommendation that is there. This is a good plan. The reason it is so strongly endorsed is the simple fact that in the Master Plan of the connection this is the fastest, shortest and most economical way to keep this trail system going. As Councilmembers of the City of Farmington, he felt it was their job to look at the big picture, not just the small picture. If this was happening Council Minutes (Regular) December 15, 2003 Page 12 anywhere else, he did not think we would have this battle cry. When he looks at the backyards of some of the homes, he wonders where the water from their pools goes. If they are so concerned about the environment, he hoped they go through the proper channel in draining the pools without just pulling the plug and the chlorinated pool water ends up in the swamp land. The battle cry has changed a little, and he has heard every aspect of it. The Parks and Recreation Commission is well-informed and has given Council the best recommendation. Mayor Ristow asked ifthe trail was proposed on the 2020 Comprehensive Plan. Parks and Recreation Director Distad replied it is on the 2020 Comprehensive Plan. The exact location of trails can change depending on how the development was built. Councilmember Cordes stated it does show a trailing running north and south. Councilmember Soderberg stated conceptually it showed it on the west side of the wetlands. Mayor Ristow stated he is trying to come to a happy consensus and there has been good information from all the residents. It is their park and their neighborhood. The community will share it once there is access off of Pilot Knob. Parks and Recreation Director Distad stated he spoke with Mr. Adam Robbins of the MN Conservation Corps and he could not give him a hard and fast number as far as what it will exactly cost. He gave Council some handouts with costs of the boardwalk as far as construction, and maintenance costs of other boardwalks. The consultant estimated the cost at $77,000 including labor and materials. Staff reworked the numbers for materials only based on using the MN Conservation Corps. The numbers for materials were for recycled plastic. They would not have to be treated and should last in excess of 20 years. Paved trails would cost more to maintain than the boardwalk due to crack sealing and seal coating every 6-8 years. The posts that go into the ground are galvanized and made to withstand the effects of water. The recycled plastic materials and galvanized posts would cost $27,000. Based on the linear footage, type of materials, and the width an estimate for labor would be 1400 - 1700 hours with an estimated cost of $24,500 - $30,000. Adding that to the $27,000, the total estimated cost would be $51,500 - $57,000. Regarding long-term maintenance, Bonestroo has put in a boardwalk with composite decking. If you use green treated every 10-15 years it will need some kind of a sealer to make it last longer. They used galvanized posts which can last 20-30 years. As far as the decking, dependability and how long it will last, they did not have any estimate, it could last forever because the water will not affect it. The decking would be the composite material. The railings and joists underneath are green treated. Regarding dropping the ball and not having it on the preliminary plat, the next item on the agenda is the Trail Master Plan. This will identify where future trails go so this issue will not come up again. When the developer comes in, staff can show the map and say this is where the trails go. Work your development around the trails. The trails will go in at the time of development, not after. Mayor Council Minutes (Regular) December 15,2003 Page 13 Ristow stated he has not seen too many that were not installed during development. Councilmember Soderberg stated this is all part of growing pains. There has been more than one issue in Charleswood that has been corrected already. It is good to have their involvement to get those issues corrected. He has visited 30 residents in that area the last few weeks. The overwhelming majority want a connection at 200th Street. In fact the overwhelming majority would like to see the trail go along the west side of the wetland. Their concern was the disturbance of the wetland and the wildlife. Councilmember Soderberg stated when he explained they were trying to have minimal impact on the wetland with a boardwalk they recognized that as a reasonable compromise given the fact the residents did not want the trail in their backyard. That is good government by taking input from everyone and coming to a reasonable compromise. He felt the information received is a reasonable compromise and fits well with the city's plan. The Parks and Recreation Commission did a good job in giving Council a recommendation. He would support the project as is, and could live without the viewing platform. He would like to add a provision that the boardwalk would be approved only if the MN Conservation Corps can install it and contain the cost. If they cannot, or the cost becomes out of line, he would be inclined to take another look at the boardwalk. The balance of the park plan itself is something he has heard a lot of comments about from residents asking when are we going to get a park. Parks and Recreation Director Distad stated he talked with Mr. Juetten, the developer who owns the land to the east and north and discussed an arrangement for emergency vehicles to reach the park through that property. Mr. Juetten was open to working something out that would allow that to happen. If it does, the park could be built in 2004 and have it available sometime next summer. Councilmember Fogarty noted the viewing platform looks to the east and to the south. How does it not look to the west? Parks and Recreation Director Distad replied it was drawn to shown that we were trying to not have it look to the west, where people could look into the backs of houses. There is also a hook on the island for connecting the boardwalk so it was hidden from the west side of the wetland. Councilmember Cordes stated she believes a southerly access is needed to the park. It would be unfair not to look into what the residents have proposed, moving the boardwalk to Langford Lane. She did not know how the access would be or if a ramp would be needed to create the handicap access. It may be too costly, but it would be an injustice not to look at it. It gives the southerly access she would prefer to have, not necessarily in a good area, but it would be unfair not to look at it. She did not think a viewing platform was necessary. It is unfortunate things were not identified when they should have been when this was platted and submitted. She could not give an answer tonight whether nor not to approve it. Council Minutes (Regular) December 15, 2003 Page 14 Mayor Ristow stated the concern is to get to the ballfield and asked if that portion could be approved. Parks and Recreation. Director Distad replied construction would not start until Mayor June, so we do have some time. The ballfield area can be accessed from the north or the trail off Everest Path. Staff can work with the developer to get the equipment across his land to construct the park. The issue would be there is no connection from the south to get to the park from that area. Councilmember Cordes stated they cannot start anything until the snow is gone. Even if the northerly portion is approved, there is still two months to approve everything and have it done at one time. Parks and Recreation Director Distad would prefer to have the entire Master Plan for the park approved at one time. Staff can bring back more estimates for the resident's proposal. Councilmember Soderberg stated while Langford Lane is a compromise, we still have easement and right-of-way costs. Staffwill try to have more information for the January 5, 2004 Council meeting. Mayor Ristow stated nothing can be done about the past. The Parks and Recreation Commission has put a lot of time and effort into the project. Residents have asked for a workable solution. It is their park and their neighborhood. He would like to see every option looked at, as we are not under any time constraints. He asked if any easement would be needed to access a private road. Attorney Jamnik replied an easement would be needed from the homeowners association in order to access through the lots and through the cul- de-sac along either the east or west side of the cul-de-sac. We may have to broaden the area that is dedicated as a private street and get a specified easement for that. Councilmember Fitch asked if the city would have any liability going through a private street if granted an easement. Attorney Jamnik replied not any more than any road or other trail. Councilmember Fitch asked what if someone is hurt on the private owner's part of the street or the city's part of the street. Attorney Jamnik stated that would have to be discussed by the homeowner's association when deciding whether to grant an easement. Councilmember Fitch stated talking about redundancy, there will be a trail along Pilot Knob and % of a block away along Langford there would be another trail. For that short distance it would not make financial sense to make a boardwalk. Weare putting two trails next to each other and it defeats the purpose of the south connection. Councilmember Cordes stated the road angles off so the next area to access Pilot Knob is quite a ways south. It is redundant for maybe 800 ft. Councilmember Fogarty stated she would approve it as is and would also approve it removing the platform. She does not like the Langford Lane connection because it permanently ends the trail. She has heard many complaints from other developments that the trails do not go anywhere, they just end. At some point it will be redundant, and the other location is not. We end all our options with Langford Lane. Councilmember Soderberg felt it will be difficult to get an easement from the homeowner's association because it is a private street. Mayor Ristow stated staff Council Minutes (Regular) December 15,2003 Page 15 is willing to look at that, and then we have looked at all the options. Councilmember Cordes stated she firmly believes we need a southerly access. Not to explore all options is unfair to the residents and Council. It may come back that it is not feasible due to the grade for handicap access. When the residents built their houses, it was identified as nothing would be built in their backyards and felt Council owed it to the residents to explore all options. Councilmember Fitch stated he has had a different experience than Councilmember Soderberg and he did not know why some people tell certain Councilmembers they are all for it. He has had three to one say please do not do this. It could be different people contact different Councilmembers. Councilmember Fogarty asked ifhe has gone out and talked to residents. Councilmember Fitch replied no, they have called or e-mailed him. He thinks the city dropped the ball somewhere and would like to have some sort of compromise. He asked if Council could agree that once we look at this option, we have exhausted all options, and we vote one way or the other. Mayor Ristow agreed Council could vote then. Mr. Tim Burke stated the proposal from the homeowners was to use the trail built towards Pilot Knob and have a short spur to Langford. He did not think that served very much. He would propose building a trail through the middle of the island and go from the southern end of the island to Langford. If Langford were useable, that does not solve their problem. They want it as far away as possible. With regard to the townhome association, you would be dealing with the management company who would have to come to the association itself. We would be getting lawyers involved on both sides, and you would not have an answer the first meeting in January. Councilmember Fitch pointed out the residents did have a loop around the island and having a trail coming off the exposure would not be much greater because the trail would go to the southeast. Councilmember Cordes stated taking the trail from the southerly tip of the island to Langford Lane, you are adding several hundred feet to the boardwalk which would increase the cost. Mayor Ristow asked if we cannot go to Langford, can it go around the trees and connect to 200th Street? Staff replied we would have to look at the high water mark behind the townhomes. Staff will look into the cost. There would also be a trail in the front and the back of the townhomes. MOTION by Fogarty, second by Ristow to table this item and item 11 b) Approving the Comprehensive Plan Amendment - Trail Master Plan to January 5, 2004. APIF, MOTION CARRIED. c) City Administrator Search Selection A consensus was reached at a workshop held earlier to appoint Mr. David Urbia to the City Administrator position. MOTION by Soderberg, second by Cordes authorizing Mr. BroIl to begin negotiations regarding a contract with Mr. Urbia. APIF, MOTION CARRIED. Council Minutes (Regular) December 15, 2003 Page 16 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Stated this is the end of her first year on the Council and she wanted to thank staff and residents for their help and patience. She wished everyone a Merry Christmas and a safe New Year. Councilmember Soderberg: Regarding the wetland buffer in Charleswood, he asked if the residents can plant trees in the wetland buffer to provide screening. Assistant City Engineer Gross stated the wetland buffer at the back of the lots on 200th Street is owned by the residents. Restrictions for the wetland buffer are outlined in the ordinance. They are allowed to plant trees within the wetland buffer because it is their property even though they are not allowed to maintain or build structures within the wetland buffer. Maintain means landscaping, landscape edging, etc. Trees can be planted without any plan approval. Councilmember Soderberg stated he spoke with City Planner Smick asking if she could check what the affects would be to move the buffer further off their properties and what the impacts might be. Whether that has a devastating impact to the ordinance or the wetland itself. The ordinance was redone so there would no longer be wetland buffer on private property. In the Charleswood addition, the buffer is across private property. Interim City Administrator Siebenaler stated that allowed the developer to increase the number of lots, because it increased the developable area. This can be reviewed as a possibility, but it was done at the desire of the developer to increase the number oflots. Councilmember Soderberg understood and it has created some problems. He was asking if there was anything that could be done to correct the situation for these homeowners. If it has a devastating impact to the ordinance or wetlands, then he is content to leave it as is. He was privileged to attend Toys for Town, both the presentation by the high school and the wrapping and distribution of gifts. Anyone who has not helped has missed a blessing. It is a thrill to be involved and to see the high school putting their creative genius together and coming up with over $4,000 for Toys for Town. Each group did a little bit. He wished everyone a Merry Christmas and Happy New Year. Councilmember Fitch: Toys for Town is a great thing and to see the smile on the people's faces when you walk in is truly a good thing. He thanked Council for coming to an important 5-0 decision tonight and it shows we are pulling in the same direction. We have a chance to do this all over again next year. It has been an enjoyable year and trying. Staffhas done an excellent job in carrying on. He appreciated staff's patience and understanding. He wished everyone a Merry Christmas and Happy New Year. Interim City Administrator Siebenaler: Toys for Town served 165 children in 64 families. This is an increase of over 25% from last year. This means this community has pulled together to support that many more families than in the past. He asked a number of adult volunteers to stay for the presentation at the high school because it is important Council Minutes (Regular) December 15,2003 Page 17 to understand the good that is being done in this city. We are very quick to recognize when young people do things wrong and paint them with the same brush. When in fact the majority of the kids in town do wonderful services and wonderful things for the city. The students at Farmington High School raised $2,996 in cash over a period of one week. In addition they collected $1200 worth of toys. They had a good time doing it. On behalf of Toys for Town and the rest ofthe community, he thanked all the volunteers and donors that helped with collecting toys, money, wrapping gifts and organizing everything. This is a huge effort that involves a lot of people. It takes a community to do that. No individual, no group can do it by themselves. This is truly a demonstration of how a community pulls together to do something wonderful. Finance Director Roland: Added the gentleman who has spearheaded Toys for Town for the last number of years is right, you cannot do it alone, but it has been a personal project, a personal love, a personal dedication. Although he is too humble to say anything about it, she felt it was appropriate to recognize that none of this would start or end without Dan Siebenaler and he deserves the community's appreciation for that. Mayor Ristow stated he would agree and also his wife and son. They have been a great contributor. Different questions were asked of his family and they said this is our Christmas. Every word of it is true. It is from Dan's heart and his family and the rest of the community that was there. Community Development Director Carroll: Gave an update on the Met Council grant application process. The city has a grant application pending to assist with the future Spruce Street commercial area. The city received a favorable recommendation at step 3. The committee met again today, and recommended the Met Council approve the application. There is a meeting on Wednesday, where a final decision will be made. The grant amount is for $955,000 which will assist with extending Spruce Street across Denmark, building the bridge and making a connection into the area. There were at least six applicants that had point totals greater than Farmington's and we received a positive funding recommendation and they did not. Interim City Administrator Siebenaler had a great deal to do with that. Community Development Director Carroll stated he wanted to do something out of the ordinary in his presentation and Dan told him to do what he thought was best. For other presentations there were a developer and an elected official present. We were the only city that applied that had two elected officials there, the Interim City Administrator, the Finance Director, Park and Rec Director, and the President of the Chamber of Commerce. That had to have an impact on the Met Council to see these people there and supporting the grant application. Finance Director Roland and Parks and Recreation Director Distad were on vacation that day and took vacation time to come to St. Paul and show their support for the grant application. He thanked his colleagues for assisting with that and the Spruce Street Task Force. We would not have gotten the grant without their work and if not for Council's adoption of the Master Plan. Interim City Administrator Siebenaler stated Community Development Director Carroll is underestimating the amount of work he has put into this, the effort and the drive he has put into this project. He has poured his heart into this, put in time at home, pulled Council Minutes (Regular) December 15,2003 Page 18 literally all-nighters. On Saturday he drove packets of information to St. Paul so they could be distributed to members ofthe committee before the meeting today. He has taken his own time at all times of the day and night and weekends to make sure this had the best chance of succeeding. Addressing the Council, he stated on behalf of this staff and the city this is the best Christmas present you are going to get this year. $955,000 that does not have to come from the taxpayers. Merry Christmas. Parks and Recreation Director Distad: He will be attending a meeting with Dakota County to discuss a regional park, three miles east of downtown Farmington in Empire Township. The park would be 800-1200 acres and have access off the Vermillion River which could potentially be a trail connection from Farmington to the regional park. If the county does a Master Plan this would allow them to access Met Council money to purchase the land. Mayor Ristow: Wished everyone Happy Holidays. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 9:45 p.m. APIF, MOTION CARRIED. Respectfully submitted, , ..-- d// ~rY"-Vi~cL /Y7~-<./ Cynthia Muller Executive Assistant Council Workshop Minutes City Administrator Selection December 15, 2003 Mayor Ristow called the meeting to order at 6:08 p.m. Present: Ristow, Cordes (arrived 6:18), Fitch, Fogarty (arrived 6:15), Soderberg Also Present: Joel Jamnik, City Attorney; Dan Siebenaler, Interim City Administrator/Police Chief; Robin Roland, Finance Director; Brenda Wendlandt, Human Resources Director; Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant Audience: Michelle Leonard, Aaron Tinklenberg, Harry BroIl Mayor Ristow called a recess until Mr. Harry BroIl arrived. The meeting reconvened at 6:21 p.m. Mr. Harry Broll, PDI, sent Council background information on the two finalists for City Administrator. He asked Council how many viable candidates for City Administrator they had and in what order. If they have more than one, would they like to make offers. Mr. BroIl would also need to negotiate conditions of employment, including salary, fringe benefits, professional development, car allowance if applicable, and severance. He stated he has not discussed salary with the candidates. Council also has the option to say they need more information or do something else. He hoped Council had come to some positive conclusions about the candidates. Councilmember Fitch commented that the summary and information was very complete and he was glad Council picked PDI to represent them. Councilmember Soderberg asked about the video tapes. Mr. Broll did not bring the video tapes because one tape was in another city, so he did not bring either tape. They did a simulation with each candidate where they are the City Administrator, a story breaks, and there is a press conference in 5 minutes. Councilmember Soderberg stated it was a tough decision. He saw strengths and weaknesses in both, but nothing he could not overcome. Councilmember Fogarty stated Mr. Broll has seen both tapes and asked him ifthere were any significant discrepancies between the two. Did one handle it better than the other? Mr. Broll stated there was a confidence difference between the two, but it can be overcome. Neither did a bad job, they just did a different job. Mayor Ristow also complimented Mr. BroIl on the background information. He stated there were a few housekeeping items with both candidates that Mr. BroIl pointed out and if that is something that can be overcome. Mr. Broll replied these people will grow into the job. In one case you have someone who has been an assistant who is moving into the number one position. In the second case you have someone from a smaller community moving into a more urban community. His intention and promise to the candidates, is at the end of the process he will meet with both candidates to discuss their strengths and development needs whether they come here or not. In the contract, there is a 6-month review. Mr. Broll will come back and ask Council and key staffhow the person is doing. That is the time for course correction and any fine tuning. Neither candidate has fatal flaws that would make them unsuccessful. Council Workshop Minutes December 15,2003 Page 2 Mayor Ristow stated that is what he wanted to hear. He stated this is on the Council agenda tonight for Council to act on. He then asked if out of the two, if there was one Council could come to a conclusion on. Councilmember Fogarty stated she is ready to make a choice. She felt they both are viable candidates. If they choose one, and it did not work out, she would be comfortable with both. Mr. Brull stated whichever candidate they choose, he felt it was important they come to an agreement and make it a 5-0 vote. The next City Administrator needs to know all 5 Councilmembers are behind him or her. Councilmember Soderberg stated he agreed they are both very viable candidates and he could support either one. If Council is looking for a ranking, it is one of the most difficult choices he has made. He would rank Mr. Urbia number 1 and Ms. Teppen number 2. The experience Mr. Urbia has of being in the seat for 10 years speaks well. Councilmember Cordes stated she agreed and would also feel more comfortable with Mr. Urbia. Councilmember Fitch also agreed. Mr. Urbia does bring more experience even though it is with a smaller town. He took time to respond to Council and had a real desire for the job. It came across in his interview and follow-up letters. He chose us. Councilmember Fogarty also agreed. Their qualifications ran head to head. He really chose this city in a different way than Ms. Teppen did. Mayor Ristow stated he also agreed, but we cannot have both. They both were good candidates and both would fit in real well. Council reached consensus on Mr. Urbia. Mr. Brull asked Council how he should proceed in discussions. The contract states to continue through the negotiations and through the contract. Mayor Ristow felt Council should give him some guidelines as to what kind of contract, whether at-will or monthly, 3 months, 1 year. Councilmember Soderberg asked Attorney J amnik if there were any weak spots in the previous contracts. Attorney J amnik replied we have closed some of them. There are one or two he and Human Resources Director Wendlandt would recommend making, but they are minor. Councilmember Soderberg stated that could be used as a template and then it is a matter of filling in the blanks as far as compensation, benefits, etc. Mr. BruIl suggested there may be some specific things that are important to a candidate that none of us are aware of and the candidate should have an opportunity to offer suggestions. This individual will be moving from a distance away. If Council wishes the person to live in the community, they cannot mandate that by law, but they can give an incentive. They could make a differential in moving allowance if they move to Farmington rather than another community. Mayor Ristow stated in the last contract it was the full amount up to 6 months, and then half after one year. He suggested obtaining the contract from Human Resources Director Wendlandt as a starting point. Mayor Ristow asked if the salary was stated in the RFP. Mr. BruIl replied we asked for their salary expectations. He did not think any ofthe current range would be violated. Mr. Brull noted Mr. Urbia had been very active in his community and he might want membership in community organizations. Councilmember Soderberg stated Mr. Urbia has expressed interest in coming here. If that should change his desire would be to contact Ms. Teppen. Mr. BruIl replied if for any reason things do not work out, we would begin discussions with the second candidate. Councilmember Soderberg asked at what point would we know that would be the case. Mr. Brull replied you will get a Council Workshop Minutes December 15, 2003 Page 3 preliminary view tomorrow and we will probably know in a day or two. Mr. BroIl stated he has talked to both editors of the media in that area and they were both very positive. Councilmember Fitch asked if Mr. BroIl contacts the second candidate now. Mr. BroIl stated it is his plan to call both people tonight. Mayor Ristow asked if everyone was ok with the moving incentive to pay a fixed amount in 6 months and half after a year. Mr. BroIl stated there will be issues like vacation, and he will make sure nothing violates policies that are in place. Councilmember Soderberg stated he would like to see the tapes. Mr. BroIl will have them sent to City Hall. Mr. BroIl would like to have the contract ratified at the January 5,2004 meeting and hopefully know a start date this week. MOTION by Cordes, second by Soderberg to adjourn at 6:48 p.m. APIF, MOTION CARRIED. Respectfully submitted, /- ~ ./;7"/ cf/-'~;~~ /77~~-z.-.- c.:/ Cynthia Muller Executive Assistant City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7~ TO: Mayor, Council Members, Interim City Administra# FROM: Robin Roland, Finance Director SUBJECT: LMCIT Excess Liability Coverage DATE: January 5, 2004 INTRODUCTION The City has historically purchased excess liability coverage as part of its insurance coverage. Accordingly, the City must decide annually whether or not to waive statutory liability limits to the extent of the excess coverage purchased. DISCUSSION The League of Minnesota Cities Insurance Trust (LMCIT) basic liability coverage provides limits of $1,000,000 per occurrence, but offers cities the option of additional liability coverage. As in recent years, the City has chosen under its insurance coverage for 2004 to accept excess liability coverage limits of $2,000,000 from the LMCIT. In accepting this excess liability coverage, the City protects itself from liability claims which are not covered by the statutory limits. The election not to waive the liability limits results in a 25% reduction of the City's premium for this excess coverage. ACTION REOUIRED The City Council should adopt a motion electing NOT TO W AWE the monetary limits on tort liability established by Minnesota Statutes 466.04. Respectfully submitted, /!:;;~~ Finance Director 7c City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers and Interim City AdminiS~ Brenda Wendlandt, Human Resources Director FROM: SUBJECT: Appointment Recommendation - Department of Administration DATE: January 5, 2004 INTRODUCTION The recruitment and selection process for the appointment of a full-time Receptionist has been completed. DISCUSSION After a thorough review of applicants for this position by the Administration Department and the Human Resources Office, an offer of employment has been made to Ms. Deborah Richter, subject to ratification by the City Council. Ms. Richter is currently a temporary employee with the City and has previous experience in customer service and cashiering. Ms. Richter meets the qualifications for the position and is the best candidate for the position. RECOMMENDATION Approve the appointment of Ms. Richter as Receptionist in the Department of Administration, effective January 6,2004. Respectfully submitted, :4i/~/i(it; ! Brenda Wendlandt, SPHR Human Resources Director CC: Personnel File 7d City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Councilmembers, Interim City Administrator~ Lisa Shadick, Administrative Services Director FROM: SUBJECT: Temporary On-Sale Liquor License - Knights of Columbus Council #2400 DATE: January 5, 2004 INTRODUCTION The Knights of Columbus Council #2400 is requesting a Temporary on-sale Liquor License for three Bingo events, to be held January 17,2004, February 21,2004 and November 20, 2004. DISCUSSION These events will be held on St. Michael's property located at 22120 Denmark Ave. Per State Statute, a Temporary Liquor license must first be approved by the City and then fOlwarded to the State for approval. BUDGET IMPACT A City fee has not been established for a Temporary On-Sale Liquor License. In discussion with the Liquor Control Commission, staff was informed that the State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations. ACTION REOUESTED Approve the attached application for a Temporary Liquor License for the Knights of Columbus, 22120 Denmark Ave., for January 17, 2004, February 21,2004 and November 20, 2004. The City Council has not adopted a fee for this permit, and the State of Minnesota waives all fees in this type of situation, Council may waive any fees associated with this request. Accordingly, no license fee is proposed at this time. Respectfully submitted, . ~~t14flqd~ 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 and Interim City Ai!ministra#, Lisa Shadick, Administrative Services Director FROM: SUBJECT: Gambling Event Permit - Knights of Columbus Council #2400 DATE: January 5, 2004 INTRODUCTION The Knights of Columbus Council #2400 is requesting a Gambling Event Permit for three Bingo events. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2004 budget. ACTION REOUESTED Consider the attached Resolution granting a Gambling Event Permit to the Knights of Columbus at 22120 Denmark Avenue, on January 17, 2004, February 21,2004 and November 20,2004. Respectfully submitted, ~<< ,/ha~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -04 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR KNIGHTS OF COLUMBUS COUNCIL #2400 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of January 2004 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Knights of Columbus has submitted an application for a Gambling Event Permit to be conducted at St. Michael's Catholic Church, 22120 Denmark Avenue for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Knights of Columbus to be conducted at St. Michael's Catholic Church, 22120 Denmark Avenue, is hereby approved. This resolution adopted by recorded vote ofthe Farmington City Council in open session on the 5th day of January 2004. Mayor Attested to the day of 2004. Interim City Administrator SEAL 7,( City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us FROM: Mayor, Councilmembers, Interim City Administra~ Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Approve Placement of Signs in Right-of-Way DATE: January 5, 2004 INTRODUCTION The Water Board would like to post informational signs regarding water use restrictions in the city right-of-way. DISCUSSION In an effort to further educate and inform the public, the Water Board would like to post signs outlining the water use restrictions in the same locations as the winter parking restrictions signs. As these signs would be in the city right-of-way, the City Council needs to grant approval for their placement. BUDGET IMPACT The cost of the signs will be funded through the water utility. ACTION REQUESTED Approve by motion the placement of water use restrictions informational signs in accordance with the recommendation above. Respectfully Submitted, ~)1t~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 73 FROM: Mayor and councilme(jfmbers / Daniel M. Siebenaler '. Interim City Administr or TO: SUBJECT: Amend 2004 Fee Schedule Ordinance DATE: January 5, 2004 INTRODUCTION The 2004 Fee Schedule approved at the December 15,2003 Council Meeting needs to be amended. DISCUSSION The Metro Sewer Availability Charge (SAC) needs to be amended from $1,275/single unit to $1,350/single unit. ACTION REQUESTED Approve amending the 2004 Fee Schedule as noted above. j~ Daniel M. Siebenaler Interim City Administrator 2~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and Interim City A1lm.inistral~ FROM: Randy Distad, Parks and Recreation Director SUBJECT: Equipment Capital Outlay DATE: January 5,2004 INTRODUCTION The City's approved 2004 Capital Outlay Budget identified funding for spreader equipment that can be attached to existing vehicular equipment. DISCUSSION The spreader equipment will be used in the winter for spreading salt and sand on downtown sidewalks and trails when they become icy. During spring and fall, the spreader equipment will be used for the application of fertilizer on the City's ball fields and park areas. BUDGET IMPACT The 2004 Capital Budget inc1udedjust over $3,800.00 to cover the cost of purchasing the spreader equipment ACTION REQUESTED This item is for informational purposes only. ~lYSU~ ~;Di~ Parks and Recreation Director 7* City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers and Interim City AAministra~ FROM: Ken Kuchera, Fire Chief SUBJECT: Appointment Recommendation - Fire Department DATE: January 5,2004 INTRODUCTION The Fire Department New Member Committee completed the process of selection for three new members. DISCUSSION The selection process consisted of verbal interviews, written examination and physical agility evaluation. Presently, with the honored request to increase the compliment by two members in 2004, the Fire Department is three members short of the total compliment of 41. The three new selected members for Council consideration and approval are: Robert Eibner 19460 Embers Avenue Farmington Andrew Sklvzack 700 Walnut Street Farmington James Primmer 19972 Excelsior Lane Farmington The above applicants have successfully completed all steps of the selection process. I am . requesting Council approval contingent on all three applicants passing the entrance physical. James Primmer will also be required to complete the BCA background check. All three applicants are scheduled to begin Firefighter I training on January 21 and 22 in Eagan. ACTION REOUESTED Approve the appointment recommendation for Robert Eibner, Andrew Sklvzack and James Primmer effective January 12,2004. Respectfully submitted, ~ r...-Kc/C::~c'.::j Ken Kuchera ('.~ Fire Chief ec: Brenda Wendlandt <6'a.... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City Administra# Lisa Shadick, Administrative Services Director FROM: SUBJECT: Approve Therapeutic Massage License DATE: January 5, 2004 INTRODUCTION Pursuant to City Ordinance 3-15-8, a public hearing must be held to issue a Therapeutic Massage License. DISCUSSION Kelly Helleson has submitted an application for a Therapeutic Massage License. The business will be located at 923 So. 8th Street. The required attachments, fees and insurance information have been submitted with the application. Police Chief Siebenaler has reviewed the forms and approved the applications. The application did not need to be reviewed by the Planning Commission, as the business will be located in a B-1 zoning district. BUDGET IMPACT The fees collected are as proposed in the revenue portion of the budget. ACTION REOUIRED Approve a Therapeutic Massage License for Kelly Helleson at 923 So. 8th Street. Respectfully submitted, ~~//I :xf;{C{d~ Lisa Shadick Administrative Services Director ~b 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, . Interim City Administrator! .... . Lee Smick, AICP City Planner FROM: SUBJECT: Vacate Roadway Easement - Glenview Commercial Addition DATE: January 5, 2004 INTRODUCTION Dakota County is preparing to record the Glenview Commercial Addition Plat and has determined that an existing roadway easement on the plat needs to be vacated before the recording can be finalized. DISCUSSION A 50-foot wide roadway easement needs to be vacated in order for the Glenview Commercial Addition Plat to be recorded by Dakota County. The 50-foot wide roadway easement is located in the southeastern portion of the plat. The roadway easement was proposed for this location by the City Engineering Department in order to receive funding from MnDOT to construct 9th Street west of Glenview Townhomes. During design discussions with the resident to the east, the resident requested that the roadway be located 25 feet west of his property to allow for a buffer, rather than allowing the roadway to abut his property line. The City redesigned the location of the roadway and the new roadway easement was relocated on the Glenview Commercial Addition Plat. Dakota County has requested that the original roadway easement be vacated to allow the plat to be recorded. ACTION REQUESTED Approve the vacation of the existing 50-foot wide roadway easement on the Glenview Commercial Addition Plat to allow the recording of the plat by Dakota County. Respectfully submitted, Lee Smick, AICP City Planner cc: Tim Giles, TC Construction RESOLUTION NO. A RESOLUTION VACATING AN EASEMENT GLENVIEW COMMERCIAL 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 of said City on the 5th day of January, 2004 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, the a SO-foot wide roadway easement is located on the Glenview Commercial Addition Plat; and WHEREAS, the City of Farmington has received a request from the Developer to vacate the 50- foot wide roadway easement legally described on the attached Exhibit "A"; and WHEREAS, it appears that it is in the public interest to vacate the SO-foot wide roadway easement legally described on the attached Exhibit "A"; and WHEREAS, pursuant to Minn. Stat. ~ 412.851, the Farmington City Council has conducted a hearing preceded by published and posted notice to consider the easement vacation requested by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of Farmington: 1. The SO-foot wide roadway easement described and attached hereto as Exhibit "A" is hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder in and for Dakota County, Minnesota. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of January 2004. Mayor Attested to the _ day of January, 2004. Interim City Administrator SEAL . . . .'"qJ ~t' ~ I ~~ ~~ .. '. EXHIBIT" A" to GRANT OF PERMANENT EASEM:ENT DESCRIPTION' FOR PERMANENT PUBLIC ROADWAY. DRAINAGE. ANb UTILITY EASEMENT: . . ........!! A 50.00 foot easement over, under and across that part of the west two' acres of the sOuth six aciCs of the south ono-half of the Northwest Quarter of the Northwest QuartDr of SectiOD 32, Township 114, Range 19, Dakota. Co'UDty, Minnesota. The centerline of said easement is'deson'bed as .......- commencing at the southwest comer of said Northwest Quarter of the Northwest Quarter of Section 32; thence on an 8.$sumed bearing of South 89 degrees 48 m41\ltes 08 seconds East, alOng the south line of said Northwest Q\1arter of the Northwest Qume:r of'Section 32, a distance of~98.30 feet to the point of beginning of the centerline to be described; thence on .R ~ng of~orth a distance !?1 4.28 feet; thenoe northwesterly a distance of 120.98 feot, along a tangential curve concave to thI west, having a radius of 155.00 feet and a central angle of 44 degrees 43 minutes ~2 seconds; thence North 44 degrees 43 minutes 12 seconds West. tangent to said curve, a distance o.f 65.30 feet; thence northwesterly a distance of 47.S7 feet along a tangential (:w'Ve concave to ~e northeast, ha.viuS a radius of160~OO feet and a central angle ofl' degrees 02 :minutes 10 seconds to the north line of said west two acres of the south six acres of the south one-half of the Northwest Quartet of the Northwest Quarter of Section 32 and said line there tenninating. The side lines of said easement are to be prolonged or shortened to terminate at said south line of the Northwest Quarter of the Northwest Quarter of Section 32 and said north line of the west 2 acres of the south 6 acres of the South One-HaIf of the Northwest Quarter of the Northwest Quarter (>fSection 32. . - DESCRIPTION FOR TEMPORARY CONSTRUCTION EA~EMENTS: A 20 foot temporary easement for construction pmposes over, under and across that part of the west two acres of the south. six. acres of the south one~ha1f of the Northwest Quarter of the Northwest Quarter of .Section 32, Township 114, Range 19. Dakota County, Mumesota The easement consists of 8 strip of land 20 feet in width and the centerline of said easement is descn'bed as follows: A line parallel to and distant 60 feet northeasterly of (as measured perpendicular to) the centerline for the abov~described permanent easement. . Together with a. 20 foot temporary easement for constrUction purposes over, tmde.r arid across that part of the west two acres of tho south six acres of the south ~huf of the NortbweSt Quarter of the Northwest Quarter 'of Section 32, Township 114, Range 19, Dakota County, Minnesota The easelnent consists 'of a Strip of land 20 feet in width and the cent<<line of said eaSement is descn'bod as follows: A line paIal1el to and distant 00 feet southwesterly of (as measured perpendicular to) tb~ .. centerline for thr: abovCHlescribed permanent easement. ~3169.02 4 I I I I ~ ( NW CORNER Of THE: NWI/4 OF-- SEC. 32. TWP. 114, RGE. 19 fOUND DAKOTA CO. NAIL &: DISC I'G cj r ...:[ :?; L:.: ... '-- :.:.1 > '-~ I" "0 l.:.l ,.,.. --, t. ..:r: ~g C! Z ,. ... ... .-- U , g I I I I I I I I I I I -.J (~) ~L n: 1-- ~ .:.: t-- ...:r: j--- '" -" <:;w CORNER Of THE. SOUTH HAlF' Of THE ~ NW 1/4 or THE NW 1/4 OF SEC. 32 I I ':;'.:4J.:\ f : i r 10, -~_ij_t~I~QI_~___ I ~ I I : ~: : , , , , , I I Q I I I Iol I I : i: : I , , , , , ! ~:: ~.nT 1 : 2: :/,: "I I -.:t I ~ I " I \;=... \~\~ I td t ~ I .... \ '~ .- I ..J I ~II ~- \' \ : ~ : 51 : ("':, \... 'C:... \ ~ I :...i I ~ I \,...... I n.t~H- I !l.1! I I i" II I I U I I I ..~ 1 I I ~ I t j C'Jl I I ::-:, I 1:-1 I : ~ : l ~~ : ~ I : ~~ I :r. I I t ~g 1 .r:: ~ I ~ ;\ :3~ :~: I : I;:':' I t <(I t 'I-I I' I tnl I I Zl 1 1;::110101 1~_____ ',1 , - T~ =E ::-soo,~:: V-SOOTHHOIlF Of' lltElM 1/4orTl1f:.,. 1/4 , , , , , , I I I I , , , , , , , I I I I I , L__ --- - - - -- - - - - - - --- -~~- -- - - -- -- - - -- - ---- - - iO:at~ -, :, ::~ f& 1 GLENVIEW S8?-30'39'"E 304.19 " E3~.CJC~< ~.C~T :;~ ,- ....\ \ \ .... \'\ \..' p...,-';' ~ ~~ :~ ~~ Ow ti.E ~~ '-- - -(~~UTH LINE OF THE SOUTH HAlF Of THE NW 1/4 Of THE NW 1/4 OF SEC. 32 2i3TH r- " . COMMERCIAL ADDITION ." g ., :3 #! 45.03".; f~~'" I I ... NORTH ..; C:. -~~~"r: \ ,-, \~~\ '":- ...) ... \ ....#.... \_1 r .,1 \'\\' ~ "'; C~ .~~ \.. ~ \ t.-..~ <0 .. Sea'" in Feet R~I ~~i, ,~ !;iT rzll !I b;' ~L\JL ,\1 ~::.. . 0fH0TES 1/2 INCH IRON MONUMENT FOUND .<( ;! o DENOTES 1/2 INCH BY 14 INCH IRON MONUM SET. IMRl(EO BY LICENSE NUMBER 19086 UNLESS OTHERMSE: SHOWN. I" ~~ ~; ... ~C) o oJ I- ::l o ...... \ ~\. '.#.. . r: <;2..\.;1' r _, \,~\\~~\'t.._' {.... ('-' \" \ '-' llItMlo\G[MOU'laJTYEASlEMENlS ...-- II II DETAIL /:\ " r.. I "'" \ I .~ \ .-- ~ . "..., \ Zi ~\: .~~ l \~sco.u: ~ ~~/ '.........---...,1' _-Ll~ Lr.2!_ 1ElNC10fEET...lHN<<I ~S1REETUNESN<<I FENtLOTUNESl.IU:SS ~~l*lH[ TH[ SOUtH LJN.E OF' THE SOUTH IW.F OF' THE NW 1/4 Of' THE 1M 1/4 Of SEe. 32. IS A5SUUEO TO ~ /It BEARING Of Nlt!748'O VICINITY MAP ,-- /' - - SOUTH LINE or GLENVlEW TQWNHQMES ,t.HI) COMMERCIAL --"'T-T:M i :" : ,\ I -! i I ~~i I .: +-32--:----1 ii 1 ,\~ I ! ,\~ I l. j --.tr---f--~r----f t _L_1_J.~ (3)(. btI'5CA E/Y'r _ - ., It UN( PAAAlLEL WITH THE ..::: _ _ EAST LINE OF THE NW 1/4 or THE NW 1/4 OF SEC 32 NO """ SECTION 32 TOWNSHIP 114 RANGE 19 N_B~8~ ~R08E -== eNGINEERING COMPANY. INC. STREET SHEET 1 OF 1 ~. ' , .~ C;QPY DI;L'D S'j . ...] ~~D :..;..~- ! IIII ; ~hl ~ = ~ ~. :! ~ ~~. i i;~' ~ (l) ~c C] w a: .. , &j ~ ~ O. l- . ~.- ~i: N ~ g ~ ~ rXJ ~ ~@ ~ ~ ~~ ~ ....-- -- . . CQ lid !8 ri. g ~c;... .. ,~~ 0 ~i ~ ~ e. ,... . . co ~i row :=.' -. .'1.8760'38 j,-. .. ~ . - I'- L_ .~~ 00 ~ ~ .-.' Trun), Hf!Zhway 3 Frontasze Road ~ ~ , \\"') ~ GRANT OF TEMPORARY AND PE!!MANElIT EASEl'fENT THIS AGREEMENT made this ~ day of ilfJUUl~ 2001, by GLENVIEW TOWNHOMES, LLP, a Mixmesota limited liability partnexs.bip, hereinafter referred to as "Grantor", to the CITY OF FARMINGTON, a Minnesotli'mUnicipa] cozporation, the Grantee, hereinafter referred to as "City". ~ ~ WITNESSETH: TEMPORARY EASEMENT The Grantor, in consideration of One Dollar ($1.00) llnd other good ~d valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby , acknowledged, hereby grants unto the City, its successors and assigns a temponuy easClIlent for construction of a Public roadway, public utilities and drainageway, over, on, across, under, and through the land situated in the County of Dakota, State of Minnesota, as legally described in the attached Exhibit" A" (''Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its contractors, successo:n; and assigns, commencing upon execution of this Agreement and e.xp~ecember 31,2002. together with the right of ingress to and egress from the T erriporaxy Cons~<2.b.. ~cment, for the purpose of constIUcting, inspecting, repairing, and maintaining the pu~lic roadway, public utilities, and drainageway of the City and Dakota County upon the: Temporary Construction Easement., at the will of the City, its contractors, successors and assigns; it being the intention of the parties hereto that the Grantor h':rcby grants the. uses herein specified without divesting itself of the right to use and enjoy the abov:e c!esciibed Temporary ConstIUction Easement, subject only to the right of the Ci.ty to use the same for the purposes herein expressed; it being further intentioned by th<; parties that if ~y of the _ City's activities cause any disruption of the surface of the TemporllIY ConstIUction ~3169.02 1. RECEIVEDAND,FILB> DATE .!!J-~-&/)~ . tWiO!~COUtflY~EA5Uf~ RECEWED ~\AR 0 4 l1JI.r2 o.....~~T" c.o&..l,,'rf T~R . .' . Easement, the City shall cause such surface areas of the Teaipormy Construction Easement to be put back in a condition as close as reasonably possible to the condition which existed prior to the City's activities thereon, provided the City Shallll.ot be required to replace any shrubs, bushes or trees. If the City's activities result in any claims for personal injury or damage to property, the City shall hold harmless from. and indemnify Grantor 'against such claims. PERMANENT EASEMENT FURTHER, the Grantor~ in consideration of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the City, its success91'S and assigns, fQrever, a permanent easement ("Permanent Easement") ror public road~'aY, public utility and drainage purposes, over, across, ~ Wlder, and through the land situated in the County of Dakota, State of Minnesota, as described on the attached Exhibit "A" ("Basement Premises"). INCLUDING the rights of the City, its contractors, agents, sernmts, and assigns. to enter upon the Eascni.ent Premises at all reasonable times to construct, reconstrU~ inspect, repair, and maintain said public roadway, public utilities and drainage, over, across, on, under, and through the Easement Premises, together with the right'to grade, lev~ fill. drain, pave and excavate the Easement Premises, and the further right to remove trees, bushes, undmgrowth, and other obsttuctions inteIfering with the location, constiuction, and maintenance of said public roadway, public utilities and drainage. The City sbaU restore the Easement Premises to as nearly as equal condition as it was prior to any construction, reconstruction, inspection, repair or maintenance (subject to the public roadway, public utilities and drainage, constructed or to be constructed, within the Easement Premises), however, 1he City shall not have the obligation to replant any trees, shrubs and/or bushes that interfere with the Easement Premises. ---.,. The above named Grantor, for itsel1; its successors and assigns does eovenant with the City, its successors and essi~ that it is well seized in fea title of the abov~bed Easement Premises and that it has the sole right to grant and CPIlvcy the ~~ent to the City subject to the Basement granted to the County of Dakota ror highway putpQSeS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall compromised but a single instrument. 93169.0~ 2 ,., , . . . . IN TESTIMONY WHEREOF, the Grantor hereto have signed pUs Agreement the day and year fl!'St above written. GRANTOR: GLENVIEW TOV~MES, LLP : ~4'J,,: STATE OF MINNESOTA) )55. COUNTYOF~-M- ) The foregoing instrument was 8.9knO~WO ged b?f>>'e lUr this J~ day of Yl.o~ 2001, by ~ ~ i!;~ . ~ the '~lL1UJg ~ of Glenview 0\Y.i1b9r.nes, LP, a .nnesota limi.tcd liability partnership, on behalf of said partnmhip, Grantor. . ~~~4~jJ. ~&h J Notary Public . THIS INSmUMENT WAS DRAFfED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office. C~r 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 AMP/cjh ~.~~'.."I'.IO~' .. 1 St.:~I~ , ' .Ian, "l,..2('.(,J i . J-.... ..~~~~ 93169.02 3 .~ ~t' <I ~~ ~~ ., '. EXHIBIT" A" to GRANT OF PERMANENT EASEM:ENT DESCRIPTION' FOR PERMANENT PUBLIC ROADWAY. DRAIfJAGE~ ANb UTILITY EASEMENT: . . ....~ A 50.00 foot easement over, under and across that part of the west two'acres of the south six acres of the south one-half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 114, Range 19, Dakota Co'Wrty, Minnesota. The centerline of said easement is' desonbed as ..- commencing at the southwest comer of said Northwest Qu8l1er of the Northwest Quarter of Section 32; thence on an 8$SUmed bearing of South 89 degrees 48 n14wtos 08 seconds East, alOng the south line of said Northwest QUarter oftbe Northwest Quarter of Section 32, a distance of~98,30 feet to the point of beginning of the centerline to be described; thence on.1t bearing of~orth a distance p'! 4.28 feet; thence northwesterly a distance of 120.98 feet, along a tangential curve concave to b west, having a radius of 1 55.00 feet and a centnll angle of 44 degrees 43 minutes ~2 seconds; thCDCe North 44 degrees 43 minutes 12 seconds West, tangent to said CurI~ a distance o.f 65.30 feet; thence northwesterly a distance of 47.57 feet along a tangential (:urve conoave to ~e northeast, having a radi~ of160;OO feet and a central angle oft 7 degrees 02 minutes 10 seconds to the north line of said west two acres of the south six acres of the south one-half of the Northwest Quarter of the Northwest Quarter ofSection 32 and said line there terminating. The side lines of said easement are to be prolonged or shortened to terminate at said south line of the Northwest Quarter of the Northwest Quarter of Section 32 and said north line of the west 2 acres of the south 0 acres of the South One-HaIfofthe Northwest Quarter of'the Northwest Quarter of Section 32. ' --......... DESCRIPTION FOR TEMPORARY CONSTRUCTION EA~ltMENTS: A 20 foot temporary easement for construction pUIpOses over, WIder and across that part of the west two acres of the south six acres of the south O11e~half of the Northwest Quarter of the Northwest Quarter of ' Section 32, Township 114, Range 19. Dakota County, Mmnesota. The easement consists of a strip of land 20 feet in width and the centerline of said casement is descn'bed as follows: A line parallel to end distant 60 feet northeasterly of (as measured pmpendicular to) the centerline for the above-described permanent easement. . Together with a 20 foot temporaty easement for constrUction purposes over, under arid across that part of the west two ac.res of the south six acres of the 50uth ono-hllf of the Northwest Quarter' of - the Northwest Quarter 'of Section 32, Township I 1~ Range 19, Dakota County, Mhmesota The easement consists 'of a Strip of land 20 feet in width and the ~ter1iIle of said eaSement is descrIbed as rollows: A line parn1lel to and distant 60 feet southwesterly of (as liieasured perpendicular to) the .' ce:nterline for the abov~descn'bed pmmane.nt easement. ~3169.0~ " . .: (RfI3BrvBd/or Recombtg Data) CONSENT TO EASEMENT VermllUOD State Bank, which holds a mortgage 00. all or part of the property more particularly descn"bed in the Grant of Permanent EasemMrt attached hereto as Exhibit ~ which mortgage is dated August 3,2001, and filed for record on Al..lgust 8, 2001, as Document No. 1800381 with the office of the Co~ Recorder for Dakota County. Minnesota, for good and valuable consideration, the receipt and suffic;icncy of which is hereby acknowledged, does hereby join in., consent, and is subject to the: above: referenced Gnmt of Permanent Easement. . 1 " .~ . ,; ._..~ -.. '. ' .. S1 ATE OF MINNESOTA ) ( SSe ) COUNTY OF DAI.<on+ The foregoing instrument was acknowled ed before me this (S ff. day of Dtd:....1.v t;:;200I,bY Ut;. vr~ I,..; ~by. -:r..... It.. ~ 'I' .J", , (l,t( Pt't~ r: the ". ,. . and (/ \"U/ 1~ ~ I"~t-. +- of Vermillion Sta~e ~al1l<-,. on its behalf. . 'J"" a,.,~t~ NOTA/-Y POOL . THIS INSTRUMENT WAS DRAFTED BY; CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Bagan,MN 55121 Telephone; (651) 452-5000 AMP ... . t ..... '" ., ...: :2 . " lOG- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, Interim City Administrato~ Lisa Shadick, Administrative Services Director FROM: SUBJECT: Annual Organizational Matters DATE: January 5, 2004 INTRODUCTION State law requires that the City Council address annual organizational matters during its first regular meeting of the year to make certain designations and appointments. DISCUSSION The Council has traditionally taken this time to approve the following actions along with other actions affecting either process or procedures. lOa (1). Acting Mayor - Council By-Laws provide that an Acting Mayor be appointed on a rotating basis in the absence of the Mayor. Councilmember Cordes, subject to recorded popular votes in the 2000 General Election, is eligible for appointment as Acting Mayor. lOa (2). Official Publication - Per State law, the Farmington Independent is the only publication located within the City's corporate limits and as such qualifies as the City's legal newspaper. lOa (3). City Attorney - Joel Jamnik with the firm of Campbell Knutson respectfully requests reappointment as City Attorney for the year 2004. lOa (4) Consulting Engineers - The firm of Bonestroo, Rosene, Anderlik & Associates (BRAA) has submitted information regarding services that are available to the City, along with 2004 Rate Schedules for both Private and Public Developments. BRAA has provided the City with exceptional service value, high quality customer service and expertise on a range of City projects. Appointment of BRAA as the City's consulting engineers under the new.2004 Rate Schedules is recommended. lOa (5). Official Depositories - Please refer to the attached memo from the Finance Director that identifies official City depositories for fiscal year 2004. lOa (6). Council By-Laws - Please review the attached Council By-Laws document. No suggested revisions to the by-laws have been identified by Council for the year 2004. lOa (7). Process Servers - The Farmington Police Department is the designated City Process Servers. lOa (8). City Clerk's Bond - State law requires the City Clerk be bonded. The City is covered by a $1,000,000 Faithful Performance bond, which is more than adequate to meet City needs. lOa (9). Fees and Charges - At the December 15, 2003 meeting, Council adopted Ordinance 003-504 establishing fees and charges for the year 2004. No action is necessary. lOa (10). Boards and Commissions - Interviews were held on Saturday, January 3, 2004 for the purpose of selecting Commission candidates. lOa (11). ALF Ambulance Board Appointment Primary and Alternate - A primary and an alternate Council member will need to be appointed to the ALF Board for 2004. Councilmember Soderberg currently serves as the primary representative and Councilmember Fogarty serves as alternate on this board. lOa (12). Castle Rock, Empire, Eureka, Farmington (CEEF) Appointment - Appoint a Council member to this committee. Councilmember Cordes served as representative on this multi-jurisdictional board in 2003. lOa (13). Joint Farmington/Empire Planning Board Appointments - Appoint and/or acknowledge a Council member, a staff member and at-large member (planning Commission representative) to this board. In 2003 Councilmember Fogarty, the Community Development Director, Kevin Carroll and Todd Larson, Planning Commission member served on this board. lOa (14) Responsible Authority for data practices appointment - Appoint Interim City Administrator, Dan Siebenaler as responsible authority for data practices. ACTION REOUIRED Approve the above actions as indicated on the attached form. Respectfully submitted, ~d, Lisa Shadick Administrative Services Director COUNCIL MEETING ANNUAL ORGANIZATIONAL MATTERS JANUARY 5, 2004 10b(l). MOTION by , second by that Councilmember Cordes be designated as Acting Mayor from January 5, 2004 through December 31,2004. Voting for: Against: Abstain: Motion Carried. 10b(2). MOTION by , second by that the Farmington Independent be designated as the official publication from January 5, 2004 through December 31, 2004. Voting for: Against: Motion Carried. 10b(3). MOTION by , second by appointing the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 5, 2004 through December 31, 2004. Voting for: Against: Motion Carried. 10b(4). MOTION by , second by appointing the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of 2004. Voting for: Against: Motion Carried. 10b(5). MOTION by , second by that the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Dain Rauscher, Morgan Stanley Dean Witter, Wells Fargo Investments and Salomon Smith Barney be designated as the Official Depositories from January 5,2004 through December 31,2004. Voting for: Against: Motion Carried 10b(6). MOTION by , second by Council By-Laws be approved as presented. Voting for: Motion Carried. that the City Against: 10b(7). MOTION by , second by that all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2004. Voting for: Against: Motion Carried. 10b(8). MOTION by , second by $1,000,000 Faithful Performance bond for the City Clerk. Voting for: Against: approvmg a Motion Carried. 10b(9). ORDINANCE NO. 003-504 Establishing Fees and Charges for licenses and permits for 2004 was adopted December 15,2003. 10b(10). Appointments to Boards and Commissions - Candidates were interviewed January 3, 2004. lOb(l1). MOTION by , second by , to appoint Councilmember as the primary and Councilmember as the alternate representative to the ALF Ambulance Board. Voting for: Against: Abstain: Motion Carried. lOb(12). MOTION by Councilmember Voting for: Motion Carried. , second by to appoint as the City's representative to the CEEF Committee. Against: Abstain: lOb(13). MOTION by designation of Larson, Planning Commission Committee. Voting for: Motion Carried. , second by acknowledging the Councilmember, Kevin Carroll, Staff member and Todd member on the Farmington/Empire Planning Advisory Against: Abstain: lOb(14). MOTION by , second by M. Siebenaler as the Responsible Authority for data practices. Voting for: Against: Motion Carried. appointing Daniel Abstain: JOQ.,&) I dFARMINGI'OCl n epen ent 320 Third Street, P.o. Box 192 Farmington, MN 55024 Tel: 651-460-6606 Fax: 65l-463-7730 Email: gm1@farmingtonindependent.com Farmington City Council 325 Oak Street Farmington, MN 55024 Dear council members and staff at the City of Farmington, I am writing to request that the Farmington Independent be considered as the city's official newspaper. Our newspaper has been continually published in Farmington since April 1984, and we are still going strong. I have enclosed more information about our newspaper on the following pages, and I have included rate information for 2004. Thank you for your consideration. Sl..ncereIY.,~... n (~/t,J~ Chad Richardson General manager Farmington Independent I dFARMINGl'OCl n epen ent To: The City of Farmington From: The Farmington Independent It is hereby affirmed: (a) The Farmington Independent newspaper is printed in the English language, is printed in newspaper format and in column and sheet form equiva- lent in printed space to at least 1,000 square inches. (b) The Farmington Independent is issued weekly, 52 weeks per year. (c) The Farmington Independent newspaper averages 45 percent of its printed space to paid advertising material and public notices. The balance of printed space is given to news of local interest, sports and com- munity events. (d) The Farmington Independent newspaper has a paid circulation of 2,425. (e) The Farmington Independent newspaper is based at 320 Third S1. in Farmington, Minnesota. (f) A copy of each issue of the Farmington Independent newspaper is mailed directly to the state historical society. (g) The Farmington Independent newspaper is available to anyone who is a paid subscriber, or is distributed to them free of charge. (h) The Farmington Independent newspaper has complied with all the foregoing conditions for over one year immediately preceding date of notice of publica- tion. (i) The Farmington Independent newspaper publishes second-class statement of ownership and circulation, sworn to by the Farmington U.S. Post Office and a copy of same will be filed with the Secretary of State before Jan. 1 of each year. I dFARMINGfO~ n epenuent 2004 legal printing rates The price per inch for printing legals in the Farmington Independent for 2004 will be $6.15. Legal copy in the Farmington Independent has the following dimensions: Column width in picas 12 Line length in picas 12 Number of lines per inch 10.5 Length of the lower case alphabet, in points 78 1YPe size, in points 6 100- (3) CAMPBELL KNUTSON Thomas 1. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* *Also licensed in Wisconsin Professional Association Attorneys at Law (651) 452-5000 Fax (651) 452-5550 AI/thor's Direct Dial: (651) 234-6219 E-II/ail Address: jjall/l/ik@ck-lmv.collI John F. Kelly Matthew J. Foli Soren M. Mattick Marguerite M. McCarron Gina M. Brandt December 30, 2003 To: Farmington City Council Dan Siebenaler, Interim City Administrator From: Joel Jamnik, City Attorney Subject: Legal Services Contract for 2004 A ttached for your consideration is a proposed Legal Services Agreement for 2004, covering representation for both civil and criminal matters. We propose to increase the monthly fee cap by $1000 and to increase the hourly rates for firm personnel by $5 per hour. While we have not encountered many months where the monthly fee limitation has come into effect, there has been a continuing trend upward in the average monthly prosecution costs that indicate to us that some adjustment is necessary. I have included both a clean copy as well as a redlined version for your review. If you have any questions, please contact me. Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON, Professional Association Tms AGREEMENT, effective January 1,2004, is by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSmp. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by resolution of the City Council. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City ninety (90) days written notice before the termination becomes effective. 3. FEES. A. Campbell Knutson will provide civil municipal and criminal 1 59775.06 JJJ 12130103 prosecution legal services to the City for a total monthly amount which shall not exceed $11,000.00, billed at the following hourly rates: Civil Municipal Partners Associate Attorneys Legal Assistants $130.00 $120.00 $ 85.00 Legal services subject to inclusion in the combined $11,000.00 monthly fee cap are: · Attending all City Council meetings, other City board, commission or committee meetings as required by the City Council or City Administrator. · Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. · Reviewing all Council and Planning Commission agenda items and minutes. · Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department Heads and other staff on general legal matters. · Reviewing municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction and purchase of equipment. · Consulting on employment related issues. · Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. · Meetings with the City Administrator and Department Heads as needed to review Council agenda items, the status of all legal matters before the City and, as requested, the provision of a written status report on current litigation and unresolved matters. 2 59n5.06 JJJ 1213O,u3 . Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. . Providing, on a periodic basis, written updates and training on new state or federal legislation or judicial decisions impacting the City, and suggesting action or changes in operations or procedures to assure compliance. . Reviewing bonds, deeds, securities and insurance requirements required by and for City contracts or activities. . Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. . Enforcing City ordinances, not including civil litigation or criminal prosecution. B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City, billed at the following hourly rates: Partners Associates Legal Assistants $110.00 $ 95.00 $ 40.00 All prosecution legal services will be included in the combined civil/prosecution retainer except the following: · Criminal appeals. · Forfeitures of motor vehicles and weapons pursuant to state law. · Prosecution of ordinance violations initiated by any City department other than the police department. These non-retainer legal services would be billed at the civil municipal hourly rate. 3 59n5.06 JJJ 12130103 C. Non-Retainer Matters: Non-retainer civil matters would include active representation of the City in agency or legislative proceedings, grievance or interest arbitration, real estate sales or acquisition, litigation and appellate matters, and all services provided to, or on the behalf of, the City of Farmington Housing and Redevelopment Authority. Services rendered are billed according to the actual time incurred, with a minimum increment of two-tenths of an hour. D. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $150.00 to $275.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. E. Costs: Out-of-pocket costs without mark-up. Costs include: · Westlaw and other computer-based research · Recording fees · Postage of 50~ or more · Photocopies at 20~ per copy · Long distance telephone calls · Litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) F. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 4 59n5.06 JJJ 12130103 5. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment: The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Farmington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in the same manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest, Attorney shall inform the City of the conflict. Attorney may: i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties; or iii) represent one client and withdraw from representation of the other client, with the informed consent of that client. If the City incurs outside legal fees due to Attorney's withdrawal from representation of the City, for matters that would have been included in the civil retainer, Attorney shall pay up to $3,000.00 per conflict of the legal fees for outside counsel actually incurred by the City. If the City incurs similar outside legal fees for matters that would have been outside 5 59775.06 JJJ 12130103 the civil retainer, Attorney and City shall each pay one-half of the outside Council's hourly rate to the extent it exceeds $100.00. Attorney's payments shall not exceed $3,000.00 per calendar year. D. Effective Date: This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. Dated: ~ do -r.-- 5 ;/ , 2004. CITY OF FARMINGTON BY: 4~.Jl4 f)~ Geral~ ~ MaYO=tr BY:~~~ aniel M. Siebenaler . Interim City Administrator , 2004. CAMPBELL KNUTSON Professional Association Dated: BY: Joel J. Jamnik Vice President BY: Elliott B. Knetsch Vice President 6 59775.06 JJJ 12130103 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FARMINGTON AND CAMPBELL KNUTSON, Professional Association THIS AGREEMENT, effective January 1, WGJ,2004, is by and between the CITY OF F ARMINGTON, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional Association, a Minnesota corporation ("Attorney"). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. The Attorney shall furnish and perform general civil municipal and criminal prosecution legal services for the City. B. The Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. The Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by resolution of the City Council. B. The Attorney may terminate this Agreement at any time, provided that the Attorney shall give the City ninety (90) days written notice before the termination becomes effective. 3. FEES. A. Campbell Knutson will provide civil municipal and criminal prosecution legal services to the City for a total monthly amount which shall not exceed $10,000.00,11,000.00. billed at the following hourly rates: Civil Municipal Partners Associate Attorneys Legal Assistants $125.00130.00 $115.00120.00 $ ~85.00 Legal services subject to inclusion In the combined $10,000.00 retaincr11.000.00 monthl y fee caQ are: · Attending all City Council meetings, other City board, commission or committee meetings as required by the City Councilor City Administrator. · Drafting ordinances, resolutions, and correspondence as requested, not including comprehensive revisions or updates of official controls or codification of the City Code. · Reviewing all Council and Planning Commission agenda items and minutes. · Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Administrator, Department Heads and other staff on general legal matters. · Reviewing municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction and purchase of equipment. · Consulting on employment related issues. · Researching and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator. . Meetings with the City Administrator and Department Heads as needed to review Council agenda items, the status of all legal matters before the City and, as requested, the provision of a written status report on current litigation and unresolved matters. . Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. . Providing, on a periodic basis, written updates and training on new state or federal legislation or judicial decisions impacting the City, and suggesting action or changes in operations or procedures to assure compliance. . Reviewing bonds, deeds, securities and insurance requirements required by and for City contracts or activities. . Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. . Enforcing City ordinances, not including civil litigation or criminal prosecution. B. Prosecution: Campbell Knutson will provide criminal prosecution legal services to the City, billed at the following hourly rates: Partners Associates Legal Assistants $105.00110.00 $ ~95.00 $ ~40.00 All prosecution legal services will be included in the combined civil/prosecution retainer except the following: · Criminal appeals. · Forfeitures of motor vehicles and weapons pursuant to state law. · Prosecution of ordinance violations initiated by any City department other than the police department. These non-retainer legal services would be billed at the civil municipal hourly rate. C. Non-Retainer Matters: Non-retainer civil matters would include active representation of the City in agency or legislative proceedings, grievance or interest arbitration, real estate sales or acquisition, litigation and appellate matters, and all services provided to, or on the behalf of, the City of Farmington Housing and Redevelopment Authority. Services rendered are billed according to the actual time incurred, with a minimum increment of two-tenths of an hour. D. Pass Through: The customary hourly rate of the attorney doing the work, ranging from $120.00150.00 to $200.00275.00 per hour, for legal services that are to be passed through to third parties according to the City's policies. E. Costs: Out-of-pocket costs without mark-up. Costs include: · Westlaw and other computer-based research · Recording fees · Postage of 50~ or more · Photocopies at 20~ per copy · Long distance telephone calls · Litigation (court filing fees, expert witnesses, acquisitions, subpoenas, service of process, etc.) F. Payments for legal services provided the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect Attorney against claims for legal malpractice. 5. MISCELLANEOUS. A. Governing Law: This Agreement shall be governed by the laws of the State of Minnesota. B. Assignment: The Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Farmington City Council. C. Conflicts: Attorney shall not accept representation of a new client that constitutes a conflict of interest with the City. The Attorney shall handle any conflict that arises with the City in the same manner as the Attorney handles conflicts with any other public client. If a conflict develops between an existing public client of Attorney and the City, such that Attorney has an ethical conflict of interest, Attorney shall inform the City of the conflict. Attorney may: i) withdraw from representation of both parties; ii) represent both parties with the informed consent of both parties; or iii) represent one client and withdraw from representation of the other client, with the informed consent of that client. If the City incurs outside legal fees due to Attorney's withdrawal from representation of the City, for matters that would have been included in the civil retainer, Attorney shall pay up to $3,000.00 per conflict of the legal fees for outside counsel actually incurred by the City. If the City incurs similar outside legal fees for matters that would have been outside the civil retainer, Attorney and City shall each pay one-half of the outside Council's hourly rate to the extent it exceeds $100.00. Attorney's payments shall not exceed $3,000.00 per calendar year. D. Effective Date: This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Farmington City Council. , MW-:2004. CITY OF FARMINGTON Dated: BY: Gerald G. Ristow, Mayor BY: Edward J. Shukle Daniel M. Siebenaler I nterim City Administrator, Clerk , MW-:2004. CAMPBELL KNUTSON Professional Association Dated: BY: Joel J. Jamnik Vice President BY: Elliott B. Knetsch Vice President jJ -. 1\]1 Bonestroo Rosene Anderlik & Associates . . . ff' . . IE I 0 . E I /Oa.. (V'\ Bonestroo, Rosene, Anderhk and ASSOCIates, Inc. IS an A Irmatlve Action qua pportunrty mp oyer f) and Employee Owned Principals: Otto G. Bonestroo. PE. . Marvin L. Sorvala. P.E. . Glenn R. Cook. PE. . Robert G. Schunicht. PE. . Jerry A. Bourdon. PE. . Mark A. Hanson. PE. Senior Consultants: Robert W. Rosene, PE. . Joseph C Anderlik. PE. . Richard E. Turner, PE. . Susan M Eberlin, CPA. Associate Principals: Keith A. Gordon. PE. . Robert R. Pfefferle, P.E. . Richard W. Foster. PE. . David O. Loskota. PE. . Michael T. Rautmann, PE. . Ted K. Field, P.E. . Kenneth P. Anderson, PE. . Mark R. Rolfs, PE. . David A. Bonestroo, M.B.A. . Sidney P Wiliiamson. PE., L.S. . Agnes M. Ring. MBA . Ailan Riel< Schmidt, PE. . Thomas W Peterson, PE. . James R. Maland, PE. . Miles B. Jensen, PE. . L. Phillip Gravel 11f, PE. . Daniel J. Edgerton, PE. . Ismael Martinez, PE. . Thomas A. Syfl<o. PE. . Sheldon J. JOhnson. Dale A. Grove. rE. . Thomas A. Roushar. PE. . Robert J. Devery, PE. Offices: St. Paul. St. Cloud, Rochester and WiJfmar, MN . Milwaukee, WI . Chicago, IL Engineers & Architects Website: www.bonestroo.com December 16, 2003 City of Farmington Attn: Daniel Siebenaler, Interim City Administrator 325 Oak Street Farmington,~ 55024-1374 RE: 2004 Rate Schedule Dear Mr. Siebenaler: Enclosed is our 2004 hourly rate schedule for your review. Upon the City's approval, the proposed rate schedule becomes effective January 1, 2004, The revised rates reflect our commitment to you to remain cost competitive and offer the breadth of disciplines and the depth of experience you expect from your consulting engineer. Please note there are separate schedules for municipal and private developer services. The municipal rate schedule lists each category of service with a range of billing rates. Rates for individuals in each category will vary based on experience and area of discipline. On a separate page we list the specific rates for our team members that provide most of the services to Farmington. We understand the financial constraints cities must operate under in today's economy. To best serve our clients, Bonestroo is committed to employing and retaining good people while keeping our technical capabilities innovative and efficient. With both these factors in mind, we have adjusted our rates for an average increase of 3%. This increase allows us to remain cost-competitive. It is our understanding that the City has budgeted a 5 percent increase for Bonestroo's retainer for general engineering services for 2004. The services covered under this retainer are outlined in our professional services contract. We continue to strive to earn your trust as we work together to reach Farmington's infrastructure goals. If you have any questions about our services or our rates, please feel free to contact me at the number listed below. If appropriate, we would be glad to meet with you to discuss your concerns. Thank you for your consideration. We look forward to continuing our service to your in 2004. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, me. 11f~ ~~ Marvin L. Sorvala, P.E. President (651) 604-4765 Enclosure Cc: Lee Mann 2335 West Highway 36 · St. Paul, MN 55113. 651-636-4600 . Fax: 651-636-1311 2004 RATE SCHEDULE (Municipal) Classification Senior Principal Principal I Senior Project Manager Specialist* Project Manager I Planner Registered Engineer/Architect/Landscape Architect I Sr GIS Designer Project Engineer/ Architect/Scientist/Landscape Architect GIS Designer I Senior Designer Graduate Engineer/ Architect/Scientist/Landscape Architect Senior Draftsperson Draftsperson Project Technician "enior Field Supervisor Field Supervisor I Senior Crew Chief Senior Inspector Inspector I Crew Chief I Senior Technician Technician GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per half day) Attendance at Regular Council Meeting * Specialist: Experts in highly technical disciplines. 2003 ChI!. 2004 $ 105.00 - $ 115.00 2% - 2% $ 107.00 - $117.00 $ 101.00 - $ 111.00 2% - 3% $ l03.00 - $114.00 $ 90.00 - $ 150.00 2% - 0% $ 92.00 - $ 150.00 $ 96.00 - $ 106.00 2% - 3% $ 98.00 - $ 109.00 $ 84.00 - $ 96.00 2% - 2% $ 86.00 - $ 98.00 $ 74.00 - $ 85.00 2% - 2% $ 75.00 - $ 87.00 $ 71.00 - $ 80.00 2% - 4% $ 72.00 - $ 83.00 $ 69.00 - $ 78.00 2% - 3% $ 70.00 - $ 80.00 $ 59.00 - $ 73.00 2% - 3% $ 60.00 - $ 75.00 $ 55.00 - $ 67.00 2% - 3% $ 56.00 - $ 69.00 $ 38.00 - $ 44.00 2% - 3% $ 39.00 - $ 45.00 $ 76.00 - $ 87.00 3% - 6% $ 78.00 - $ 92.00 $ 67.00 - $ 80.00 3% - 6% $ 69.00 - $ 85.00 $ 60.00 - $ 74.00 2% - 4% $ 61.00 - $ 77.00 $ 56.00 - $ 69.00 2% - 3% $ 57.00 - $ 71.00 $ 38.00 - $ 54.00 2% - 3% $ 39.00 - $ 56.00 $ 30.00 $ 25.00 $ 20.00 $ 75.00 $ 50.00 Direct Project Expenses - At Cost: Reproduction, printing, duplicating, mileage and any out of pocket expenses such as stakes, field supplies, telephone calls, etc. lese rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and _ _ssociates, Inc. City of Farmington 2004 RATE SCHEDULE (Private Developer) Classification 2004 $ 139.00 $ 134.00 $ 127.00 $ 112.00 $ 112.00 $ 98.00 $ 94.00 $ 91.00 $ 78.00 $ 73.00 $ 51.00 $ 101.00 $ 90.00 $ 79.00 $ 74.00 $ 51.00 $ 30.00 $ 25.00 $ 20.00 $ 75.00 Senior Principal Principal I Senior Project Manager Project Manager I Planner Registered Engineer/Architect/Landscape Architect Senior GIS Designer I Water Resource Specialist Project Engineer/ Architect/Scientist/Landscape Architect GIS Designer I Senior Designer Graduate Engineer/ Architect/Scientist/Landscape Architect Senior Draftsperson Draftsperson Project Technician Senior Field Supervisor Field Supervisor I Senior Crew Chief Senior Inspector Inspector I Crew Chief I Senior Technician Technician GPS Survey Equipment Total Station Equipment GIS Workstation Equipment GPS Submeter Unit (per half day) Direct Project Expenses - At Cost: Reproduction, printing, duplicating, mileage and any out of pocket expenses such as stakes, field supplies, telephone calls, etc. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. City of Fannington 2004 INDIVIDUAL RATES Individual Classification 2003 2004 Sheldon J. Johnson Principal $111.00 2.70% $114.00 Lee M. Mann Project Manager $101.00 2.97% $104.00 David R. Sanocki Registered Engineer $90.00 2.22% $92.00 *Erik. G. Peters Registered Engineer $82.00 4.88% $86.00 *Matthew J. Stordahl Graduate Engineer $74.00 1.35% $75.00 *Indicates change in staff position. City of Farmington JOa-G) 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, Interim City Administrator FROM: Robin Roland, Finance Director SUBJECT: Official Depositories of City Funds DATE: January 5, 2004 INTRODUCTION Each year, official depositories of funds must be designated by the City Council. DISCUSSION Minnesota Statutes Section 118 sets forth the procedures for the deposit of public funds and requires the vendors be designated as depository of funds. The City of Farmington has money which is available for investment. Different financial institutions offer different rates of return on investment. Investment interest income should be maximized while conserving capital and protecting taxpayer funds. In order to optimize the rate of return on the City's funds under section 118, the following vendors are recommended as depositories for fiscal year 2004: Anchor Bank of Farmington League of Minnesota Cities 4M Fund RBC Dain Rauscher Morgan Stanley Dean Witter Wells Fargo Investments Salomon Smith Barney The City has made these depositories aware of the allowable investments under Section 118 in which the City will invest. BUDGET IMPACT Revenues from inve~tment interest are budgeted in 2004. ACTION REOUIRED Designate the above as City depositories for 2004. Respectfully submitted, ~~~ Finance Director /CJ~~) COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title I, Chapter 5, Section 2 of the Farmington City Code. These by-laws, when adopted, are intended to deal with matters not otherwise covered by State Law, City Ordinance or elsewhere. SECTION I - MEETINGS SUBD.l - Regular meetings of the City Council shall be held on the first (1st) and third (3rd) Monday of each month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall unless otherwise designated. SUBD. 2 - Special meetings of the Council may be called by the Mayor or by any two members of the Council by writing, filed with the Clerk. At least 3 days before the meeting, the Clerk shall notify each member of the time, place and purpose of the meeting by causing written notice thereof to be delivered to himlher personally ifhe/she can be found, or ifhe/she cannot be found, by leaving a copy at the home of the member with some person of suitable responsibility. At least 3 days prior to the meeting, the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that, in the judgment of the Council, require immediate attention. Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each Council member and persons filing a request for written notice. The notice of special meeting shall state the item(s) to be discussed and possibly acted upon. Items not stated in the notice may be discussed, but no action may be taken if any member objects. Any special meeting attended by a majority of the Council members shall be a valid meeting for the transaction of any business that may come before the meeting. SUBD. 3 - At the first regular Council meeting in January of each year, the Council shall: (1) designate the depositories of City funds; (2) designate the official newspaper; (3) pursuant to this section, choose an Acting Mayor from the trustees, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City, or in case of a vacancy in the office of Mayor, until a successor has been appointed and ~ualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year - Member serving 3 year of term who received the most votes when elected; Even Numbered Year - Member serving 4th year of term who received the 2nd most votes when elected. SUBD. 4 - Commission appointments, boards and committees shall be made at the second (2nd) regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD. 5 - All Council meetings, as defined by State Law, including special and adjourned meetings shall be open to the public. The City Attorney shall advise the Council, in writing, as to his interpretations of the State "Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his interpretation to the attention of the Council, in writing, and have the subject placed on the agenda for discussion. SUBD. 6 - Council shall adopt such policies that will ensure an orderly, mutually respectful and appropriate public meeting atmosphere conducive to the proper conduct of City affairs and business. Rules governing the conduct of the meeting shall be enforceable by the presiding officer, typically the Mayor, or any other such Council member in the absence of the Mayor. Council may adopt such rules as a separate Council Policy and may make such changes in policy as deemed appropriate. SECTION II - PRESIDING OFFICER; RULES OF ORDER SUBD.l - The Mayor shall preside at all meetings ofthe Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their members to act temporarily as presiding officer. SUBD. 2 - The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as othelWise provided by statute or by these rules, the proceedings of the Council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the Council, and the mover, as well as the seconder, must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his /her second. But a motion, once debated, cannot be withdrawn except by majority vote ofthe Council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member, while speaking, shall confine himlherselfto the question at hand and avoid all personal, indecorous or sarcastic language. E. Whenever any member of the Council desires to speak on any question which affects himlher personally, s/he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held, the presiding officer, during the open hearing, shall allow any member of the public present, the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the Council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting, the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD.3 - Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority ofthe members present. 2 SECTION III - AGENDAS SUBD. 1 - The agenda shall be prepared by the Clerk and shall be closed at noon on the second Friday preceding the meeting for publication purposes. Items may be added to the agenda for Council action until noon of the Monday preceding the meeting. SUBD. 2 - The Clerk shall publish a copy of the agenda in the issue of the official newspaper immediately preceding the Council meeting. SUBD. 3 - The agenda packet shall be distributed to the Council by 6:00 p.m. on the Thursday preceding the Council meeting. SUBD. 4 - Any member can place an item on the agenda by so instructing the Clerk. SUBD. 5 - No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD. 6 - The agenda shall be subject to approval by a majority vote ofthe members present. Items not on the agenda may be discussed, but no action may be taken if any member objects. SUBD. 7 - A consent agenda may be included as part of the agenda, to be approved by a unanimous vote of the City Council. Items may be removed from the consent agenda by request of the Mayor or Council members. SECTION IV - ORDER OF BUSINESS SUBD. 1 - Each meeting of the Council shall convene at the time and place appointed therefore. Council business shall be conducted in the following order: (1) Call to Order (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (5-minute limit per person for items not on the agenda) (7) Consent Agenda (All items will be approved in 1 motion with no discussion unless anyone wishes an item removed for discussion). (8) Public Hearings (9) Award of Contracts (10) Petitions, Requests and Communications (11) Unfinished Business (12) New Business 3 (13) Council Roundtable (14) Adjourn SUBD. 2 - The order of business may be varied by the presiding officer, with the scheduled time of a public hearing publicly specified as concurrent with that of the time of the Council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda, or may be varied to facilitate the efficient conduct of Council business. SUBD. 3 - Each person shall be allowed a maximum of 5 minutes to address the Council under Citizen Comments. SECTION V - MINUTES SUBD. 1 - Minutes of each Council meeting shall be kept by the Clerk, or, in his absence, his designee. In the absence of both, the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. SUBD. 2 - The minutes of each meeting shall be reduced to typewritten form, shall be signed by the taker, and copies thereof shall be delivered to each Council member as soon as practicable after the meeting. At the next regular Council meeting following such delivery, approval of the minutes shall be considered by the Council. The minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote ofthe Council. If there is an objection, the Council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. SUBD. 3 - In addition to typewritten minutes, each Council meeting held in the Council Chambers shall be tape recorded. Recordings shall be kept on file in the Clerk's Office in a secure location for a period of 18 months from the date of recording. The door to the recording equipment shall be kept locked except during Council meetings. Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD. 4 - The minutes shall substantially follow the following format: MINUTES COUNCIL MEETING (REGULAR OR SPECIAL) MEETING DATE 1. Presiding officer, time and place of meeting. 2. Members Present and Absent, time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions, communications, decisions, including a copy of each motion exactly as stated, whether or not the motion had a second and, if so, whether or not it was adopted, and a record ofthe vote. (Complete copies of resolutions or ordinances are not required to be recorded as part ofthe minutes.) 4. Time of adjournment. 4 SECTION VI - QUORUM AND VOTING SUBD. 1 - At all Council meetings a majority of all the Council members elected shall constitute a quorum for the transaction of business. SUBD. 2 - The votes of members on any question pending before the Council shall be by roll call, except for the following agenda items: approval of the agenda; approval of the minutes; approval of the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis. The names of those voting for and against the question shall be recorded in the minutes. If any member, being present, does not vote, the minutes shall be stated "Abstain: Name." SUBD. 3 - Except as otherwise provided by statute, a majority vote of a quorum shall prevail. SECTION VII - ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND COMMUNICATIONS SUBD. 1 - If requested by any member of the Council, every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the Council shall be in writing and shall be read in full upon presentation of the same to the Council. They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUBD. 2 - Every ordinance and resolution passed by the Council shall be signed by the Mayor, attested by the Clerk, and filed by him/her in the ordinance or resolution book. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD. 3 - Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, ifany, and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof, shall be amended by reference to title alone, but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII - ADMINISTRATOR REVIEW SUBD.l - The City Council shall conduct an annual review of the City Administrator. The procedure shall be substantially as follows: A. The Administrator shall distribute a Council approved evaluation form on or before the anniversary of the Administrator's appointment. B. Council members shall complete the prescribed form and schedule a special meeting to evaluate the Administrator based upon the written evaluations submitted. C. The completed evaluation form shall be submitted to the City Attorney within 21 days from the date the evaluation document is received by Council. 5 D. The City Attorney shall tabulate the results ofthe evaluation without any reference to individual Council members. E. The City Council shall consider the tabulated results during a regular meeting following the special meeting to evaluate the administrator and may take action accordingly. SECTION IX - BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE SUBD. 1 - There shall be submitted to the Council at the second meeting of January of each year, a performance report of various Boards, Commissions and Councils. SUBD. 2 - Reports shall be submitted to the Council on the Water Board, Planning Commission, Zoning Board of Adjustment, Parks and Recreation Advisory Commission, Human Rights Commission, CATV Advisory Commission, Reforestation Advisory Commission and Redevelopment Authority. SUBD. 3 - Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUBD. 4 - It shall be the goal of the Council to meet at least one time per year with each Board and Commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the Council, Board or Commission. SECTION X - AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD.l - Definitions For the purpose of this section, the following terms shall have these meanings given them. Authorized Person: The Mayor or any Council member. Authorized Expenditure: Expenditures made on behalf of the City for a public purpose as determined by the City Council. Authorized expenditures shall include, but not be limited to, the following: Travel (except auto mileage within 25 miles), meals, registration, tuition, course materials. Official Function: Any function which is for a public purpose as determined by the City Council. Official functions shall include, but not be limited to, the following: Council meetings outside of the City limits, League of Minnesota Cities functions, training sessions, education courses, official City business, legislative meetings, seminars, meetings where City representation is requested. SUBD. 2 - An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the City Council. B. The Council must be authorized to make the expenditure. C. The money must have actually been spent on the behalf ofthe City, except as provided under Subdivision 3(C)(2). D. The Council has approved the request to attend an official function except as provided underhSubdivision 3(C)(1). 6 SUBD. 3 - Procedure: A. A request to attend an official function~ or to request reimbursement for attending an official function shall be submitted to the City Council on an authorized form for consideration as soon as reasonably possible. B. The Council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C) are met~ or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for Council action as follows: 1. Reimbursements for expenses may be submitted for Council consideration. 2. The Council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures~ and reimburse the City for any unused portion. SUBD. 4 - The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget~ provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI - SUSPENSION OR AMENDMENT OF BY-LAWS SUBD. 1 - These by-laws may be temporarily suspended by a unanimous vote of the members present. SUBD.2 - These by-laws shall not be repealed or amended except by a majority vote of the whole Council after notice has been given at some preceding Council meeting. SECTION XII - EFFECTIVE DATE SUBD. 1 - These by-laws have been adopted by the Council on the 6th day of September~ 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/6/83 Effective: 10/3/83 Amended: 8/03/87 1/21/92 4/20/92 8/17/92 2/01/93 7/18/94 9/06/94 1/17/95 1/16/96 3/03/97 11/03/97 1/05/98 2/1/99 7 )06 CITY OF FARMINGTON SUMMARY OF REVENUES AS OF NOVEMBER 30, 2003 91.74 % Year Complete ::::::::::::i.cii;ii:::::.::::::::::ii.~:~=::::::::'::::::::::::::::::1:::::::::::::...:::::11:;:11111111[..::111:.;:';1111111:::..:1":'::"11:1:.:111111.1. $ $ $ % $ % GENERAL FUND Property Taxes 3,188,070 1,713,656 53.75 1,188,741 45.72 Licenses/Permits 1,260,110 61,371 1,253,267 99.46 1,274,184 109.48 Fines 80,100 5,051 60,083 75.01 55,654 67.46 Intergovernment Revenue 485,686 949 481,364 99.11 541,833 66.32 Charges for Service 358,779 2,657 161,037 44.88 281,072 87.51 Miscellaneous 330,500 20,913 264,712 80.09 279,981 84.71 Transfers 225 000 18 500 207 150 92.07 315792 91.67 Total General Fund 5 928 245 109441 4141,269 69.86 3 937 257 69.57 SPECIAL REVENUE HRA Operating Fund 27,500 837 10,860 39.49 13,240 54.62 Police Forfeitures Fund 10,050 401 12,192 121.31 7,104 88.25 Park Improvement Fund 152,500 2,084 53,925 35.36 548,118 140.18 Recreation Operating Fund 252,500 1,849 93,023 36.84 198,761 95.07 ENTERPRISE FUNDS Ice Arena 238,300 14,027 126,843 53.23 143,384 65.92 Liquor Operations 2,839,000 211,966 2,453,451 86.42 2,176,035 90.67 Sewer 1,298,000 80,112 945,636 72.85 1,421,182 91.96 Solid Waste 1,358,500 104,007 1,059,462 77.99 957,174 76.07 Storm Water 260,000 17,409 239,148 91.98 552,749 90.27 Water 1 790 000 148894 1,439 224 80.40 1 650 940 93.80 Total Revenues 14154595 691 027 10575033 74.71 11 605 944 82.40 CITY OF FARMINGTON SUMMARY OF EXPENDITURES AS OF NOVEMBER 30, 2003 .... :. .:.... ...::::::::'::':':::"'\:':':::::::'::::'.'::!\(::::'::(({:it:): \::::\f~QQ~::::}::::: :::::~iRq!;Nl/ ::::::::{{::~~?m:::?: :::e!;Rt~mf:: m:::::::::::::::::::::ite.MS::::::::::::::::::::::::::m::::::::::::::::::::::::::::::::)$u.Q$Em)F:eu.RReN.lt\))?(1t:t)):::(:::::::::::::::~o.Q~::::::::::::/m:::::::::::::::\tttt:::::::::::::::::::::::::::I()J.lm::::::::: GENERAL FUND $ $ $ % $ % Legislative 73,235 6,534 65,967 90.08 67,519 Administration 462,065 31,124 450,085 97.41 353,360 Human Resources 156,540 14,149 138,408 88.42 107,964 MIS 92,330 4,178 67,778 73.41 53,752 Elections 0 0.00 15,934 Communications 72,330 4,270 42,807 59.18 54,439 Finance 372,730 29,309 345,498 92.69 347,740 Planning/Zoning 155,360 12,108 133,310 85.81 137,726 Building Inspection 339,533 40,045 342,199 100.79 299,932 Community Development 87,350 20,342 164,042 187.80 72,658 Police Administration 476,300 51,224 478,155 100.39 349,247 Patrol Services 1,141,830 108,844 1,098,450 96.20 880,940 Investigation Services 166,220 13,464 156,879 94.38 110,011 School Liason Officer 77,410 3,924 68,600 88.62 70,392 Emergency Management 1,600 3,578 4,268 266.75 163 Fire 371,000 21,048 364,074 98.13 237,325 Rescue 47,690 3,010 32,217 67.56 22,737 Engineering 287,705 28,556 277,635 96.50 257,849 G.I.S. 4,100 26 3,155 76.95 1,770 Streets 426,090 36,550 446,511 104.79 327,198 Snow Removal 81,195 12,450 62,863 77.42 45,280 Signal Maint 93,600 12,392 82,426 88.06 75,079 Fleet Maint 0.00 117,288 Park Maint 302,670 26,437 338,288 111.77 278,656 Forestry 51,492 4,104 46,406 90.12 42,627 Building Maint 110,560 9,287 106,773 96.57 113,591 Recreation Programs 303,960 27,008 346,926 114.14 226,674 Outdoor Ice 7,350 121 3,971 54.03 7,874 Transfers Out 166000 0.00 119754 95.39 99.79 83.23 94.68 70.33 82.15 91.67 98.53 110.55 84.02 89.53 91.68 72.99 104.97 11.64 71.08 60.56 105.34 16.98 88.96 53.27 87.71 99.37 135.28 41.42 107.65 79.36 30.43 92.12 Total General Fund 5,928 245 524,082 5667,691 95.60 4 795 479 90.71 SPECIAL REVENUE HRA Operating 76,540 712 70,384 91.96 47,038 90.20 Police Forfeitures Fund 8,050 1,184 6,035 74.97 9,021 112.06 Park Improvement Fund 134,500 4,813 143,678 106.82 94,600 80.99 Senior Center 122,568 10,497 126,623 103.31 101,228 93.24 Swimming Pool 119,209 124,064 104.07 117,536 97.69 ENTERPRISE FUNDS Ice Arena 250,660 27,183 244,676 97.61 206,479 86.86 Liquor Operations 2,726,480 211,572 2,302,355 84.44 2,142,028 97.28 Sewer 1,298,517 77,146 998,052 76.86 1,099,182 93.08 Solid Waste 1,414,631 141,343 1,237,680 87.49 1,148,348 94.48 Storm Water 210,229 39,134 213,340 101.48 174,520 73.52 Water Utility 1 067 073 59 457 938719 87.97 752 147 49.84 Total Ex enditures 13,356,702 1,097,123 12,073,297 90.39 10,687,606 87.07 JOe, City of Farmington 325 Oak Street, Farmington; MN 55024 (651) 463-7111 Fax (651).463-2591 www.ci.farminJrton.mn.us TO: Mayor, Councilmembers, Interim City AdmrniSlrat~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Order Feasibility Report - Spruce Street Extension Project DATE: January 5, 2004 INTRODUCTION The City has received a grant of $955,000 from the Met Council to construct the extension of Spruce Street west of Denmark, up to and including the bridge across the Vermillion River. DISCUSSION A feasibility report needs to be prepared before the project can move forward. All or a portion of the costs over and above the Met Council grant amount would be assessed to benefiting properties. Therefore, this project would follow the M.S. 429 process. BUDGET IMPACT The budget impacts for the Spruce Street Extension Project will be outlined in the feasibility report. ACTION REOUESTED Adopt the attached resolution ordering a feasibility report for the Spruce Street Extension Project. Respectfully Submitted, ~Yvt~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file RESOLUTION NO. R - 04 ORDERING FEASIBILITY REPORT for SPRUCE STREET EXTENSION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of January, 2004 at 7:00 p.m. Members present: Members absent: Member introduced and Member seconded the following resolution. WHEREAS, it is proposed to extend Spruce Street, from Denmark Avenue westerly to and including a bridge crossing of the Vermillion River and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in conjunction with some other improvement, and the estimated cost of the improvement as recommended. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of January, 2004. Mayor Attested to the day of , 2004. City Administrator SEAL I/a.- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and Interim City Administrat r FROM: Randy Distad, Parks and Recreation Director RE: Meadowview Park Master Plan Approval DATE: January 5, 2004 INTRODUCTION The City Council previously reviewed the Meadowview Park Master Plan at its November 17, 2003 meeting. At that meeting it was approved to table a decision until its December 1, 2003 meeting. At the December 1 st meeting, it was approved to table a decision until the December 15,2003 meeting as not all City Council members were in attendance to discuss and vote on the park master plan. After further discussion at the December 15th City Council meeting that resulted in staff being given direction to further research another trail alignment option of connecting a boardwalk across the wetland to Langford Lane, the Meadowview Park Master Plan was tabled to the January 5, 2004 City Council meeting. DISCUSSION Staff contacted the consultant, Paul Paige from Hoisington Koegler Group, Inc. to redraw the park master plan to show a boardwalk crossing the wetland and connecting to Langford Lane. Mr Paige has completed this request and has also shown the estimated costs associated with this new trail alignment. I have attached four exhibits and they are as follows: Exhibit A (current proposed trail alignment with a boardwalk connecting to 200th Street West) Exhibit B (estimated costs for the current proposed trail alignment) Exhibit C (new trail alignment with a boardwalk and paved trail connecting to Langford Lane) Exhibit D (estimated costs for the new trail alignment) The new trail alignment shown in Exhibit C can be constructed at the proper slope that would meet the Americans with Disabilities Act (ADA) requirements for accessibility. When comparing the cost estimates (Exhibits B and D) of the boardwalk in the current proposed alignment and the new alignment, it shows that the cost for the new alignment of the boardwalk to Langford Lane is about $10,000.00 less. However, the new boardwalk alignment to Langford Lane requires an additional length of paved trail to be constructed in order for the trail to meet the ADA slope requirement of 5% or less. The additional length of paved trail adds another $7,000.00 to the cost of this trail alignment. Overall then the cost savings for creating a new trail alignment shown in Exhibit C that connects a boardwalk and additional paved trail to Langford Lane is about $3,000.00 less than the cost to construct a boardwalk shown in Exhibit A. I have not included any cost estimates for securing an easement because that is something that would have to be negotiated with the Charleswood Townhome Association's Board of Directors (Board of Directors) ifthey were willing to grant a trail easement over their private street. Staff also met with Kim Wadel from the Gittleman Management Corporation (company that manages the maintenance and day to day affairs for the Charleswood Townhome Association) to discuss the new trail alignment and connection to Langford Lane since this is a private street and is owned by the Charleswood Townhome Association. Ms. Wadel stated that Gittleman Management Corporation would be required to forward the information and request from the City to the Board of Directors for their consideration. The Board of Director's would then have to vote on whether or not it wanted to work with the City and allow a trail easement on Langford Lane so that the trail connection could be made to 200th Street West. Ms. Wadel stated that she would need a copy of the master plan showing the new trail alignment and where it connected to Langford Lane. She also informed staff that she would contact them as soon as she heard what decision the Board of Director's made. Staff emailed to Ms. Wadel a copy of the new park master plan showing a new proposed trail alignment to Langford Lane as well as a copy of the current proposed trail alignment with a boardwalk crossing the wetland to 200th Street West. I have contacted Ms. Wadel and she has shared with me that she has only spoken with one member of the Board of Directors and the member that she spoke with did not favor the new trail alignment connecting to Langford Lane nor did she favor a boardwalk across the wetland, but instead felt that the trail should go along the western edge of the wetland. I have requested from Ms Wadel that the Board of Directors send a letter to the City regarding their decision about the proposed new trail alignment connecting to Langford Lane. I have not received a letter yet to include it with the packet but should I receive a letter before the January 5th City Council meeting I will provide a copy to you at the meeting. ACTION REQUESTED It appears that the City Council has four options to consider when approving the Meadowview Park Master Plan. I have attached Exhibit E for your reference with options that appear to be available for the City Council to consider. I have also tried to identify some of the pros and cons for each of the options and will review them as part of my presentation. By no means is this a complete list of pros and cons as I am sure that others could be identified. The City Council is being asked to select one of the options and incorporate the option into the final park master plan that is approved by the City Council. ,~~l~ Randy Distad, Parks and Recreation Director -"~"'''- " \ '-.:: y I December 19, 2003 I o I 500ft 250ft existing paved trail proposed paved trail proposed boardwalk r:'-- ."."_00' L. _c, _ ._c'J Delinated Wetland lIoaTQ ----- ----- ,--- -, L___ ____l Open Space Property Line MEADOWVIEW PARK -Exhibit B City of Farmington, Minnesota Prepared By: Hoisington Koegler Group Inc. 12.18.03 PRELIMINARY Conceot Cost Estimate --r 1.00 2.00 3.00 4.00 Description Trails 8ft Bituminous trail (see note I) 8ft Boardwalk - materials only 6ft concrete walk Overlook Unit Unit Cost Quantity Totals LF $ 22.00 856.00 $ 18,832.00 LF $ 42.00 641. 00 $ 26,922.00 SF $ 5.00 690.00 $ 3,450.00 LS $ 7,200.00 1.00 $ 7,200.00 Subtotal Trails $ 56,404.00 EA $ 15,000.00 1.00 $ 15,000.00 LS $ 35,000.00 1.00 $ 35,000.00 LF $ 20.00 360.00 $ 7,200.00 LS $ 6,000.00 1.00 $ 6,000.00 LS $ 3,000.00 1.00 $ 3,000.00 EA $ 800.00 3.00 $ 2,400.00 EA $ 500.00 9.00 $ 4,500.00 EA $ 300.00 1.00 $ 300.00 B 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 Amenities Pavilion Play equipment, safety mulch, installation Playequipment cone. containor edger 1/2 BB court Backstop Picnic Tables Benches Grills Park signage Interpretive signs Bird Houses (volunteer project) C LANDSCAPING 1.00 Trees, various sizes/ave cost 2.00 Prairie 3.00 Turf Subtotal Amenities $ 73,400.00 EA $ 125.00 60.00 $ 7,500.00 LS $ 10,000.00 1.00 $ 10,000.00 LS $ 3,000.00 1.00 $ 3,000.00 Subtotal Landscaping $ 20,500.00 1$ 150,304.00 I 1- Does not include the 1340 LF of bituminous trail link to Pilot Knob Rd assumed it will be developed as part of future residential development. CostEst12/30/2003 Page 1 ~ ------ ~, '--- ", "- ~ .i) V (:: .,..- V ./ v' ,/ --- v' ~ December 19, 2003 I o I 500ft 250ft existing paved trail - - - - - proposed paved trail - - - - - proposed boardwalk ~:~~.=] Delinated Wetland i-- =.J Open Space Property Line IlGaTQ MEADOWVIEW PARK -Exhibit 0 City of Farmington, Minnesota Prepared By: Hoisington Koegler Group Inc. 12.18.03 PRELIMINARY Concept Cost Estimate Description Unit Unit Cost Quantity Totals A Trails 1.00 8ft Bituminous trail (see note 1) LF $ 22.00 1172.00 $ 25,784.00 2.00 8ft Boardwalk - materials only LF $ 42.00 403.00 $ 16,926.00 3.00 6 ft concrete walk SF $ 5.00 690.00 $ 3,450.00 4.00 Overlook LS $ 7,200.00 1.00 $ 7,200.00 Subtotal Trails $ 53,360.00 B Amenities 1.00 Pavilion EA $ 15,000.00 1.00 $ 15,000.00 2.00 Play equipment, safety mulch, installation LS $ 35,000.00 1.00 $ 35.000.00 3.00 Playequipment cone. containor edger LF $ 20.00 360.00 $ 7,200.00 4.00 1/2 BB court LS $ 6,000.00 1.00 $ 6,000.00 5.00 Backstop LS $ 3,000.00 1.00 $ 3,000.00 6.00 Picnic Tables EA $ 800.00 3.00 $ 2,400.00 7.00 Benches EA $ 500.00 9.00 $ 4,500.00 8.00 Grills EA $ 300.00 1.00 $ 300.00 Park signage Interpretive signs Bird Houses (volunteer project) Subtotal Amenities $ 73,400.00 C Landscaping 1.00 Trees, various sizes/ave cost EA $ 125.00 60.00 $ 7,500.00 2.00 Prairie LS $ 10,000.00 1.00 $ 10,000.00 3.00 Turf LS $ 3,000.00 1.00 $ 3,000.00 Subtotal Landscaping $ 20,500.00 D Easement * Purchase trail easement LS ? trail route on private street? 1$ 147,260.00 1* 1- Does not include the 1340 LF of bituminous trail link to Pilot Knob Rd assumed it will be developed as part of future residential development. 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Randy Distad, Parks and Recreation Director FROM: RE: Adopt Resolution - Farmington 2020 Comprehensive Plan Amendment Regarding Walking/Biking Trails DATE: January 5, 2004 INTRODUCTION The City's proposed Trail Master Plan was provided to the City Council at its December 1 st meeting. It was tabled at this meeting and subsequently was tabled at the December 15th meeting because the Meadowview Park Master Plan was not approved due to a trail issue, which may have an impact on the proposed Trail Master Plan. DISCUSSION Previously the City Council received a copy ofthe proposed Trail Master Plan at its December 1 st meeting and so I have not included a copy of it with this memo. If you should need a copy of the proposed Trail Master Plan, please contact me. The proposed Trail Master Plan has not yet been discussed. With some potential new developments on the horizon, it is important that the City Council at the very least discuss the proposed Trail Master Plan and then make any revisions to the plan that the City Council wishes too. If for some reason the Trail Master Plan has to be tabled a~ain, at least the discussion will have occurred and final approval could occur at the January 20t City Council meeting. ACTION REQUESTED By resolution approve the Farmington 2020 Comprehensive Plan Update Amendment regarding walkinglbiking trails. ",~~tfullY ~~tl17 4'.- KAA/l,~ /J~ . r ~~dy~stad Parks and Recreation Director RESOLUTION NO. APPROVING COMPREHENSIVE PLAN AMENDMENT CONCERNING TRAIL MASTER PLAN Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of January, 2004 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, it is in the best interest of the City to amend the Farmington 2020 Comprehensive Plan Update to include a Trail Master Plan component; and, WHEREAS, Chapter 9 Transportation Plan ofthe City's current Farmington 2020 Comprehensive Plan Update contains language addressing Bicycle and Pedestrian Facilities and a request is being made to delete this language in its entirety from the Transportation Plan; and, WHEREAS, the Trail Master Plan is better suited in the Comprehensive Plan under Chapter 11 Parks and Recreation Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the Farmington 2020 Comprehensive Plan Update by deleting in its entirety the Bicycling and Pedestrian Facilities section from Chapter 9 Transportation Plan and adding a Trail Master Plan section to Chapter 11 Park and Recreation Plan. This resolution adopted by recorded vote of the Farmington City Council in open session on the 5th day of January 2004. Mayor Attested to the _ day of January 2004. Interim City Administrator SEAL I / c.., City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor and Councilmembers FROM: Daniel M. Siebenaler Interim City Administrator SUBJECT: City Hall Site Selection DATE: January 5, 2004 . INTRODUCTIONIDISCUSSION The City Council conducted a workshop on December 3, 2003 for the purpose of discussing the estimated costs of land acquisition associated with two possible City Hall locations. No final site selection was made at that time, but Council directed staff to forward this item to its regular meeting of January 5,2004 for final determination. After a final site selection has been made by Council, staff is prepared to move forward as directed. Prom a staff perspective, it would be desirable for Council to establish the scope of a City Hall project. As with other municipal facilities, the scope ofa project would include the desired useful life of a building as measured in years and projected populations. (For example, the Police Department was built to serve the city until the year 2020 or a population of 27,000, whichever came first). This scope will allow staff to determine the necessary size and configuration of a building. . Prom a staff perspective it would also be beneficial for the Council to indicate its desired completion date for a City Hall project. This information is critical for staff to establish priorities and develop a project timeline. It is important to note that Council is not authorizing actual construction at this point. Council is, however, directing staff to expend financial and personnel resources to fully develop the project. This direction would allow staff to bring a project proposal, including design and budget, to Council for a final decision. ACTION REOUESTED Staff is requesting that Council make a decision on the location of the new Farmington City Hall. Staff is also asking Council for direction regarding its next desired steps and a project timeline. Daniel M. Siebenaler Interim City Administrator l~cL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Daniel M. Siebenaler, '/"'1V~ Interim City AdministraF SUBJECT: Seasonal Parking Ordinance, Amendment DATE: January 5th, 2004 INTRODUCTION It has come to the attention of City staff that the current seasonal parking restrictions conflict with the hours of operation of some local businesses. Staff is asking the City Council to consider amending the ordinance to accommodate local businesses. DISCUSSION The current seasonal parking restriction prohibits on street parking between the hours of 2:00 AM and 5:00 AM. As a result of the new state law allowing bars to remain open until 2:00 AM bar patrons who park on the street are often in violation of the ordinance. Staff is recommending that the ordinance be amended to reflect restricted parking between the hours of2:30 AM and 5:30 AM. This will accommodate the business patrons and still allow an appropriate window for snowplows. The City Attorney has recommended the attached Amendment. ACTION REQUESTED Adopt the attached Amendment to the Seasonal Parking Ordinance. Respectfully submitted, Daniel M. Siebenaler Interim City Administrator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, CHAPTER 1 OF THE FARMINGTON CITY CODE CONCERNING PARKING OF MOTOR VEHICLES ON CITY STREETS THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA ORDAINS: SECTION 1. Section 9-1-9 of the Farmington City Code is amended to read as follows: 9-1-9: PARKING LIMITATION: No person shall park a vehicle or permit it to stand upon any street, highway, alley or public parking within the corporate City limits for a period of time exceeding seventy two (72) consecutive hours. In addition, between November 1 and April 15 of each calendar year, no person shall park a vehicle or permit it to stand upon any street, highway, alley, or public parking between the hours of~ 0'6106k (2:00) A.M. two-thirty o'clock (2:30) A.M. and five o'6Ioel{ (5:00) ~\.M. five- thirty o'clock (5:30) A.M. or after a two inch (2") or greater snowfall until the streets are plowed curb to curb except as authorized in subsection 9-1-12(E) of this Chapter. SECTIQN 2. Effective Date. This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 5th day of January, 2004, by the City Council of the City of Farmington. CITY OF FARMINGTON (SEAL) Gerald G. Ristow, Mayor ATTEST: Daniel M. Siebenaler, Interim City Administrator Approved as to form the day of , 2004. City Attorney Published in the Farmington Independent the _ day of , 2004.