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HomeMy WebLinkAbout07.20.20 Council Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING JULY 20, 2020 1. Call to Order Mayor Larson called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance Mayor Larson led those in attendance in the Pledge of Allegiance. 3. Roll Call Present-Larson, Bernhjelm, Craig and Hoyt Absent-Donnelly Staff Present-Administrator McKnight, Community Development Director Kienberger, Planning Manager Wippler and Attorney Jamnik. 4. Agenda Motion by Hoyt, second by Craig, to approve the agenda as presented. APIF, motion carried. 5. Announcements/Commendations None 6. Citizen Comments a) William Pelach of 315 Spruce Street shared with the city council that the community needs a grocery store, public transportation and sidewalks and alleys fixed. 7. Consent Agenda Motion by Craig, second by Hoyt,to approve the consent agenda: a) Approve Minutes of the June 29, 2020 City Special Council Meeting-Administration b) Approve Minutes of the July 13, 2020 City Council Work Session-Administration c) Approve Extension of Amendment to Shopping Center Lease Agreement for 109 Elm Street-Administration d) Approve Out of State Travel-Fire July 20, 2020 Minutes -1- e) Acknowledge Second Quarter 2020 New Construction Report and Population Estimate- Community Development f) Adopt Resolution R31-2020 Approving a Gambling Permit for the Farmington Youth Hockey Association-Community Development g) Acknowledge 2021 Benefits Information and RFP-Human Resources h) Approve Bills-Finance APIF, motion carried. 8. Public Hearings None 9. Award of Contract None 10. Petitions, Requests and Communications 1. Final Plat and Development Contract-Fairhill Estates at North Creek Third Addition Planning Manger Wippler presented the final plat and development contract for the Fairhill Estates at North Creek Third Addition. INTRODUCTION M/I Homes of Minneapolis/St. Paul LLC is proposing to plat 36 single-family lots within the Fairhill Estate at North Creek 3rd Addition. The 36 lots are located directly west of the previous 132 lots platted as part of the 1st and 2nd Additions. DISCUSSION The 36 single-family lots are part of the 244 overall single-family lots that were proposed with the preliminary plat for this project. It should be noted that the developer has increased the number of lots in this area by four. The approved preliminary plat shows 32 lots encompassed within the area of the proposed 3rd Addition. Other than the increase in lots the Fairhill Estate at North Creek 3rd Addition corresponds with the preliminary plat that was recommended for approval by the Planning Commission on April 9, 2019 and approved by the City Council on April 15, 2019. The plat is comprised of the following area summary: Block 1 Area: 2.554 acres July 20, 2020 Minutes -2- Block 2 Area: 1.969 acres Block 3 Area: 0.524 acres Block 4 Area: 0.449 acres Total Lot Area: 5.496 acres Total Outlot Area: 25.481 acres Total Right-of-Way: 1.964 acres Total Area: 32.941 acres As previously mentioned the Fairhill Estate at north Creek 3rd Addition final plat will consist of 36 single-family lots. The average lot size is 6,651 square feet with the smallest lot being 5,301 square feet in size and the largest lot being 8,843 square feet in size. Additionally, the attached final plat shows two outlots (A and B). Outlot A is 24.860 acres in size and is the remainder of the Fairhill Estate at North Creek property that will be platted and developed in future phases. Outlot B is 0.621 acres in size and will be a private park/open space. Transportation Crystal Terrace will be extended into the 3rd Addition from the 2nd Addition. Crimson Way and Crocus Place will be constructed off Crystal Terrace. The street section for Crystal Terrace is shown as a 60-foot right-of-way with a 30-foot wide roadway measured face or curb to face of curb. The street section for Crimson Way and Crocus Place is shown as a 50- foot right-of-way with a 30-foot wide roadway measured face of curb to face of curb. Five-foot wide sidewalks will be installed on the east side of Crystal Terrace and on the south and west sides of Crimson Way. Engineering Review The Engineering Department has reviewed the Fairhill Estate at North Creek 3rd Addition final plat and recommend approval upon satisfaction of all engineering comments related to the construction plans for grading and utilities as well as the applicant entering into a Development Contract with the city and all security fees and costs paid. Planning Commission Review July 20, 2020 Minutes -3- The Planning Commission reviewed the final plat on July 14, 2020 and recommended approval with a 5-0 vote. The recommendation was contingent upon the following: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. Development Contract Staff has prepared the standard development contract that has been reviewed with the developer. The Development Contract spells out the requirements for development of this land including timelines to complete platting process, defining development charges, and addressing construction of the public infrastructure required to serve the development together with the associated sureties. BUDGET IMPACT The following funds will receive contributions based on the 2020 area charges associated with the development: Surface Water Quality Management Fee: $594 Watermain Trunk Area Charge: $37,264 Sealcoating: $7,293 Councilmember Hoyt asked how the added lots affects the area. Wippler stated that other lots had their widths reduced. Hoyt asked if the city had shared the impact of parking with the additional lots with the developer. Wippler stated they had not but the developer is hearing that concern tonight. Hoyt asked about the dewatering changes that are currently underway. The developer stated they are utilizing a new dewatering method with this phase and will in the area of phase two as well. Motion by Hoyt, second by Craig, to adopt Resolution R32-2020 approving the final plat for Fairhill Estates at North Creek Third Addition, subject to the following contingencies- 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. July 20, 2020 Minutes -4- 2. A development contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the development contract shall be required. APIF, motion carried. Motion by Hoyt, second by Bernhjelm, to approve a development contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the development contract shall be required. APIF, motion carried. 11. Unfinished Business None 12. New Business a) COVID-19 Response Update Administrator McKnight updated the city council on the COVID-19 response. The updated included: City staff is working on the potential expenditures related to the pandemic that we received as a part of the CARES Act funding. As you know,the city has received $1,723,785 from the federal/state government for this effort. To qualify for the use of CARES Act funding, expenses must satisfy three distinct elements- 1. Necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019. 2. Costs not accounted for in the budget most recently approved as of March 27, 2020. 3. Incurred during the covered period of March 1, 2020 through November 15, 2020 for cities. Eligible uses of the CARES Act dollars include- 1. Medical expenses 2. Public health 3. Payroll expenses 4. Public health measures 5. Economic support 6. Other July 20, 2020 Minutes -5- While the two lists above seem simple, the detail of what costs satisfy the requirements for reimbursement and what costs are actually eligible is not clear. City staff has been working through potential city reimbursement expenses and will bring our recommendation to the city council at the August 3, 2020 city council meeting for review and consideration. While we appreciate the funding, it is not often that we first receive the actual funding and secondly receive guidance that is not clear on what it can be used for. I have full confidence that the committee we put together to look at this issue will bring forward recommendations that meet the intent of the guidelines and help move the city through the pandemic financially. One of the items that is clear on the use of the funding is the city's ability to use the dollars to assist local businesses. The city can provide temporary financial support to small businesses in the city adversely impacted by the COVID-19 pandemic and the COVID-19 peacetime emergency. The goal of the program is to help businesses through the current economic crisis. Dakota County and the Dakota County CDA are working to develop a process for businesses to apply for the funds and administer the process. The county has offered cities the opportunity to participate in the program. City staff is very interested in taking advantage of this opportunity for a number of reasons. The Dakota County Board of Commissioners approved a $10 million dollar small business relief program last week. The Dakota County CDA Board entered into a contractual agreement with NextStage to administer the small business relief program. The County Board/CDA Board has requested this program move quickly including starting to accept applications as soon as Monday,July 27, 2020. The county has made it clear that the program guidelines are set, if a city wants to participate with the county, you must accept their guidelines. These guidelines include- 1. Businesses may apply one time for an emergency grant up to $10,000 based on economic hardship from COVID-19. 2. Businesses have the equivalent of 50 full-time or fewer employees. 3. Locally owned and operated for-profit organization with a physical location, whether owned or leased, in Farmington. 4. Majority owned by a permanent resident in Minnesota. 5. In good standing with the Minnesota Secretary of State and the Minnesota Department of Revenue as of March 1, 2020. 6. In good standing with Dakota County and Farmington. 7. Demonstrate the business was adversely affected by Executive Orders related to COVID- 19 businesses restrictions. 8. Demonstrate financial hardship because of the COVID-19 outbreak. Ineligible businesses include- 1. Businesses that do not have a physical address in Dakota County/Farmington. July 20, 2020 Minutes -6- 2. Home based businesses (except for licensed childcare providers). 3. Non-profit organizations. 4. Business that derive any income from adult-oriented uses. 5. Businesses in default conditions prior to February 29, 2020. 6. Businesses deriving income from passive investments without operational ties to operating businesses. 7. Businesses primarily focusing on speculative activities based on fluctuations in price rather than the normal course of trade. 8. Businesses earning more than half of its annual net revenue from lending. 9. Businesses engaging in pyramid sales, where a participant's primary incentive is based on sales of an ever-increasing number of participants. 10. Businesses engaging in activities prohibited by federal law or applicable law in the local jurisdiction of the business. 11. Businesses engaging in gambling enterprises, unless the business earns less than 50%of its annual revenue from lottery sales. These rules may change as the county and the CDA are working at the same speed as the city and with the same vague guidelines on CARES funding. The draft guidelines also include the following language when it comes to potential double dipping from funding sources- Business that have applied for and/or were awarded any COVID-related federal funding such as the Small Business Administration(SBA)Economic Injury Disaster Loan (EIDL) or Paycheck Protection Program (PPP)are eligible for this grant. However, to serve as many businesses as possible, duplication of state and local COVID-related emergency funds is not allowed. Businesses that have been awarded or have received COVID- related emergency funds through the State of Minnesota Small Business Emergency Loan (SBEL) are ineligible for this grant. The program and its administration are still being refined. The county and the CDA have the best intent, in my opinion, when it comes to the administration of these dollars. At this point, city staff is recommending that the City of Farmington participate in the program along with Dakota County and the Dakota County CDA. We will be responsible for our share of the administration costs of the program that looks like it will run between 3.44%and 4.02%of the dollars we dedicate the program. City staff is recommending that we dedicate $500,000 of our CARES funding to this program. We will monitor the program and bring back any recommended increase in our funding to the city council in the coming weeks. Dedicating this amount of money does not come anywhere near jeopardizing what we believe the city will be eligible to receive in reimbursement of city COVID related expenses. July 20, 2020 Minutes -7- Councilmember Hoyt clarified that this is for business with 50 full-time employees or less. McKnight stated that is correct. Hoyt has some concerns about the businesses that would be excluded. Hoyt asked that we contact larger employees to see if they would potentially have some interest in this program. Councilmember Craig asked how businesses showed they were impacted by the pandemic. McKnight stated the application process would include examples of how they can meet this requirement. Councilmember Bernhjelm asked if there were stipulations on these funds are used by businesses. McKnight stated he has not read any stipulations on the funding use. Bernhjelm would like to see the city use all of the CARES Act dollars we received and look at potential changes to the restrictions on the program. McKnight stated this message would be shared with the county this week. Hoyt asked if we could use dollars to create another program for larger businesses. McKnight stated that some research would need to be done. Motion by Hoyt, second by Craig, to approve the city's participation in the Dakota County/Dakota County CDA Small Business Relief Program and dedicate at least$500,000 in City of Farmington CARES Act dollars to the program. APIF, motion carried. 13. City Council Roundtable Hoyt-Asked residents to consider supporting the Kratz family that suffered a house fire last week. Larson-Encouraged residents to shop local. Adjourn Motion by Bernhjelm, second by Hoyt,to adjourn the meeting at 7:38 p.m. APIF, motion carried. Respectfully Submitted V g. "C'Or vl�e David McKnight, City Administrator July 20, 2020 Minutes -8-