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HomeMy WebLinkAbout12.02.02 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation. the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING December 2, 2002 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 I. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Response to Mr. Bill Fitch's Comments Information Received 7. CONSENT AGENDA a) Approve Council Minutes (11/18/02 Regular) b) Approve Joint Powers Agreement Renewa1- Narcotics Task Force - Police c) Approve Audit Engagement Letter - Finance d) Approve Appointment Recommendation - Finance e) Approve Change Order - 195th Street Project - Engineering f) Accept Resignation - Councilmember Strachan - Administration g) Accept Petition Farmington Youth Soccer - Parks and Recreation h) Ground Water Testing - Engineering i) Approve Bills Approved Approved Approved Approved Approved Accepted Accepted Information Received Approved 8. PUBLIC HEARINGS a) Truth in Taxation Hearing - Finance Information Received 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Main Street Project Options - Engineering b) Adopt Ordinance - Bed and Breakfast - Community Development Information Received Ord 002-483 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Reception Preceding December 16 City Council Meeting, 6: 15 p.m. b) Swearing-In Ceremony - Judge Karen Asphaug Information Received Information Received 14. ADJOURN City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA REGULAR CITY COUNCIL MEETING December 2, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS ~. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) a) Response to Mr. Bill Fitch's Comments 7. CONSENT AGENDA a) Approve Council Minutes (11/18/02 Regular) b) Approve Joint Powers Agreement Renewal - Narcotics Task Force - Police c) Approve Audit Engagement Letter - Finance d) Approve Appointment Recommendation - Finance e) Approve Change Order - 195th Street Project - Engineering f) Accept Resignation - Councilmember Strachan - Administration g) Accept Petition Farmington Youth Soccer - Parks and Recreation h) Ground Water Testing - Engineering i) Approve Bills 8. PUBLIC HEARINGS a) Truth in Taxation Hearing - Finance 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Main Street Project Options - Engineering b) Adopt Ordinance - Bed and Breakfast - Community Development 11. UNFINISHED BUSINESS 12. NEW BUSINESS Action Taken Page 1819 Pages 1820-1829 Pages 1830-1837 Pages 1838-1843 Page 1844 Pages 1845-1846 Page 1847 Pages 1848-1855 Page 1856 Page 1857 Pages 1858-1861 Pages 1862-1866 Pages 1867-1872 13. COUNCIL ROUNDTABLE a) Reception Preceding December 16 City Council Meeting, 6:15 p.m. b) Swearing-In Ceremony - Judge Karen Asphaug 14. ADJOURN ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farmington.mn.us TO: Mayor, Council Members, City Administrator~; (. FROM: Robin Roland, Finance Director Brenda Wendlandt, Human Resources Director SUBJECT: Citizens Comments - Bill Fitch DATE: December 2, 2002 INTRODUCTION Bill Fitch, 5816 Upper 183rd Street, addressed the City Council on November 18, 2002 regarding severance payments made to previous City Administrators and costs paid by the City to a recruiter for each of those Administrator's replacements. Mr. Fitch was addressing comments made by Mr. Harbee Tharaldson at the November 4,2002 Council meeting. Mr. Fitch commented that it was incumbent on staff to correct the record when it needs to be corrected. It should be noted however, per Council policy, staff is not to respond at the time comments are made, rather by memo at the following Council meeting. DISCUSSION Mr. Fitch is correct that under state statute an employer is required to payout to any departing employee all accrued vacation on the books for that employee. Further, under City policy, departing staff are paid a percentage of their accrued but unused sick time, based on their longevity with the City. The legal issues surrounding compensatory time for non-bargaining exempt staff are such that the City no longer provides compensatory time to those job classifications. Consequently, Mr. Fitch was erroneous in assuming that Ms. Finstuen is currently using compensatory time as part of her terminal leave. Pursuant to City policy, Ms. Finstuen is using her severance, which consists of previously earned (accrued) vacation and sick leave. The numbers staff presented to Mr. Tharaldson were accurate. How he totaled those numbers and chose to present that information was not within staff's control, and since he asked no questions of staff or council, no response was given - consistent with Council policy on the Citizens comments portion of the agenda. ACTION REQUIRED For Council's information. Respectfully submitted, /U~J Robin Roland Finance Director ~r Brenda Wendlandt Human Resources Director Cc: Bill Fitch Jq'I? 7 cz..., COUNCIL MINUTES REGULAR November 18,2002 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, Soderberg, Strachan, Verch None Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Mike Heinzerling, Christy Jo Fogarty, David Pritzlaff, Al Corrigan, Craig Stibbe, James Munro, John Fortney 4. APPROVE AGENDA Councilmember Verch pulled item 7a) Council Minutes 11/6/02 Special to abstain from voting as he was absent from that meeting. MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce Promoted Employee - Administration Lisa Shadick was introduced as the new Administrative Services Director. b) Introduce Promoted Employee - Community Development Wendy Conboy was promoted from 3/4 time to full-time. c) Introduce Promoted Employee - Community Development Ken Lewis was introduced as the new Building Official. d) Introduce New Employee - Community Development Jim Atkinson was introduced as the new Assistant City Planner. /<:6;(0 Council Minutes (Regular) November 18, 2002 Page 2 6. CITIZEN COMMENTS Mr. David Pritzlaff, 20255 Akin Road, stated there was a resident at the last meeting that read a letter regarding how Mayor Ristow is doing his job and other things. As Mr. Pritzlaff was listening to him, he wondered who wrote the statement for him, and how much was he getting paid to read it? Mr. Pritz1aff stated it obviously looked like the gentleman had no idea what was in the letter, could not look away from the letter, and the way he read it was word for word. In Mr. Pritzlatrs mind it looked to him like it had been given to him to read. If that is the case or not, that is his feeling of what he saw. He asked the residents, that if they do come to the Council Meetings with issues, at least have your own material. Mr. Pritzlaff then spoke about filling Councilmember Strachan's Council seat. It looks like it will go right to the end whether it will be the third highest vote-getter, whether they will be appointed, and the method of appointment. If they will be appointed, it looks like there will be a bunch of names thrown into a hat so the names will either be picked out or go on qualifications. The whole method needs to be ironed out for the residents. Several people are wondering what the process will be. Mr. Pritz1aff feels it needs to be decided how this will be handled and outline the methods clearly for everyone. Mr. Pritz1aff agreed with the draft letter the city will be sending to MnDOT regarding speed limits on Akin Road. He received a letter from Al and Jan Corrigan stating they have not been involved and have not been called to meetings. Just because a few people want the speed changed, the city is looking very hard at the issue. The letter states Mr. Corrigan drives the road everyday. Mr. Pritzlaff stated Mr. Corrigan is only on Akin Road for two blocks. Mr. Pritzlaff stated he is in the center ofthe road and cannot get out of his driveway quickly enough for oncoming traffic. Mr. Pritzlaffwas not saying that Mr. Corrigan's opinions are not as important as anyone else's. But Mr. Corrigan needs to realize people further down the road do have a hardship. Mr. Corrigan also has a bypass lane in front of his property to use for turning into his driveway. Mr. Pritzlaffthen stated when Mr. Corrigan states in his letter he has not been invited to any of the meetings, regarding the meeting on the Akin Road turnback study held February 9, 2002, Mr. Corrigan's signature is on the attendance list. There are also five pages of signatures on a petition stating residents do not approve the proposed Akin Road improvement project until safety issues have been addressed and implemented to the satisfaction of the residents. There were 29 people in favor of reducing the speed limit, 2 people were in favor of a bike path, and 5 people were in favor of turn lanes. Mr. Jannine McLaughlin, 19070 Enchanted Court, stated she is also concerned with Akin Road. Her street backs up to Akin Road. She likes the bike path, but they have no safe way to get from their development to the bike path. Studies have been done to see if there is foot traffic using the path to cross to the school. Children are using the path to cross to the elementary school. There is a new street entering Akin Road, a short distance from the Baptist Church. She has had to slam on her brakes trying to exit that road because of traffic coming around the curve. She could collect many signatures regarding the safety of Akin Road. /~~t Council Minutes (Regular) November 18, 2002 Page 3 She also spoke about the third Council seat and wondered ifthere was a way to re-vote, or have the third highest vote-getter fill the seat. The citizens should be involved as they did take their time to vote. Ms. McLaughlin used to be on the mailings for Akin Road and somehow her name has been removed from the list. She would like to be put back on the list for Akin Road mailings. Mr. James Munro, 18863 Embers Avenue, stated he does have a problem with Councilmember Cordes. He stated the residents came to get help, some overtime was approved for the police to patrol Embers Avenue, and as soon as they get a little help, Councilmember Cordes wants to take that away from them. Councilmember Cordes stopped Mr. Munro saying she did not want to take it away from Embers Avenue, but said maybe we should look at overtime in other areas too. She was not trying to diminish the problem on Embers, but there are also other areas too, that if we are going to devote overtime we need to look at overtime for other areas too. Councilmember Cordes stated her job is to look at the community has a whole. Mr. Munro said he could appreciate that ifhe lived on Akin Road, and Councilmember Cordes was helping them out. Mayor Ristow stated just to be fair, he initiated the question. At the neighborhood meeting, it was not discussed to do any additional overtime for the patrol. Councilmember Strachan stated it was not brought up in the original memo, and overtime approval is not a Council decision. That is a Chief of Police and City Administrator decision. Mr. Munro stated Embers will be a problem for a long time. The city is trying to help with signage, but that will not work. He would like Council to consider a long-term solution. Mr. Craig Stibbe, 20060 Akin Road, stated he has dealt with a lot of city staff in different departments. They have always been courteous and respectful. Even though he has not always liked the answers, the staffhas been honest and straightforward. Mr. Stibbe stated that shows their professionalism and work atmosphere. He has not dealt with the City Administrator, but this shows his leadership and how well the city runs. We are lucky to have the people we have. It bothers him the city is looking at spending up to $200,000 to get rid of someone, when they are doing a good job. When a special election is brought up, cost is a problem. Mr. Stibbe sees this as the only fair way to fill a vacant seat. It is a democratic manner to let the citizens decide. Even if the third highest vote- getter is appointed, if people knew they had a third choice, they might have voted differently. The only fair way is to have a special election. Ifthe city cannot afford to keep this democracy, then there is a problem. Mr. Bill Fitch, 5816 Upper 183rd Street, stated he is thankful for having the Council meetings on TV. Mr. Fitch is a former councilmember. The election has been a hot button in the community. There is precedent in the city for an open vacancy on the Council. They have been appointed by the Council. They have applied to the new Council, they were interviewed and selected from there. We have a representative government. We elect these people to help make those decisions. To make any decision now, would be a great disservice to Ms. Fogarty (the newly elected councilmember). /q-d?;? Council Minutes (Regular) November 18, 2002 Page 4 Until she is sworn in, she is technically not a counci1member and cannot vote on the Council. Mr. Fitch then stated some issues have been discussed regarding employment and costs of replacing people. It is costly no matter whether buying out the contract, or they leave with comp time, vacation time, or other time that has to be paid out legally. He feels the sum of $206,000 he heard at a recent Council Meeting was slightly exaggerated, ifnot grossly exaggerated. The Personnel Director or Finance Director should be able to shed some light on that. When Mr. Thompson left, he received approximately $63,000. It cost about $12,500 to perform a new search for him. When Mr. Erar left, he collected his comp time, and his vacation time he had due him, which is money we cannot do anything about as citizens. That is due any city staff. Mr. Fitch stated Ms. Finstuen is not here tonight because she is collecting some of her comp time before her retirement. If citizens come up here throwing out a lot of figures, city staff owes it to correct the record when it needs to be corrected. To stand up here and throw out a bunch of figures is unwarranted without knowing what the additions are. Some people have produced those documents to the citizens and at that particular point staff should correct them if you feel they are not using the figures in a proper manner. The city is in a state of change. Change is good, but change causes pain unfortunately. He asked Council to keep making policy and staff to keep carrying it out. That is what we are all here for. That is how our system works. Mayor Ristow stated Mr. Fitch sat on the Council for four years and would probably have been re-elected, but he withdrew. He thanked Mr. Fitch for his comments. a) Council Letter - Akin Road Mayor Ristow entered a letter from Al and Jan Corrigan into the record. Staff presented a draft letter to Council that will be sent to MnDOT regarding the Akin Road speed study. Councilmember Strachan asked when a decision will be made? According to MnDOT, the data has been collected. They will wait for any other documentation the city has and finalize the report after that. Mr. James Munro, 18863 Embers Avenue, asked if MnDOT is judge and jury? Councilmember Soderberg stated the only recourse the Council would have after MnDOT makes it's decision on the speed limit is to designate the section of road that qualifies, as an urban district. The only alternative is a 30 mph speed limit in that particular segment. MnDOT's recommendation takes precedent outside of that jurisdiction. Council was asked to consider sending a questionnaire or survey to the residents in the Akin Road area asking their opinion of the raising and lowering of the speed limit. Ms. Jannine McLaughlin, 19070 Enchanted Court, asked in order for MnDOT to lower the speed limit, what is needed? Would adding crosswalks help in MnDOT's decision? Councilmember Strachan stated the only place Council will support crosswalks is at 4-way stop intersections. Placing crosswalks at /~~~ Council Minutes (Regular) November 18, 2002 Page 5 uncontrolled intersections creates a false sense of security. Ms. McLaughlin asked having crosswalks at controlled intersections, would it help MnDOT determine what the speed would be? Staff replied the traffic engineer has agreed with Council's policy. The majority of what MnDOT uses to do the study is the actual speed the cars are using. Their data shows that when a speed is set at the 85th percentile, there are fewer accidents on the road. Staff is hoping to place a crosswalk on Akin at 195th Street. Crosswalks should channel pedestrians to another trail across the street. Counci1member Cordes asked if crosswalks were in place now and the study was done after that could it result in the lowering of the speed limit? Staff stated the speed of the traffic could recommend a different speed. Staff continues to monitor the major intersections along the road for stop signs during the year. For the 208th Street intersection, another study will be done in April or May. The intersection at 193rd Street does not currently meet warrants for stop signs. Mr. David Pritzlaff, 20255 Akin Road, does not think a questionnaire is appropriate. It is a new road, wider with turn lanes. Some people might change their minds on the questionnaire because they have bypass lanes to move the traffic down the road faster. Regarding warrants for stop signs, do pedestrian numbers count in warrants? Mayor Ristow stated a bike path was placed on the east side, why not give the opportunity to both sides to use the path? Councilmember Soderberg stated 208th Street did meet warrants for a stop sign, but only during certain time slots, there was not enough traffic all day. Regarding crosswalks, 203rd Street does not have a trail on the west side. So even if the intersection did meet warrants for an all-way stop, there is not a trail on the other side. Staff stated there is a sidewalk on the south side of203rd Street. Councilmember Soderberg stated if the traffic warrants it, he would favor stop signs and a crosswalk at 203rd Street. Staffwill have the traffic engineer review the intersection. Councilmember Cordes agreed a survey is not necessary. Minutes were sent to all the residents from the last meeting. The letter to MnDOT is exactly what Council asked for, but it is not a guarantee MnDOT will lower the speed limit. MOTION by Soderberg, second by Cordes to approve the letter to MnDOT regarding the speed limit on Akin Road. APIF, MOTION CARRIED. Mayor Ristow stated it is not Council's or staffs intent to leave anyone out. If any residents should want to send additional letters to MnDOT they should be sent to City Engineer Mann by December 2,2002. Staffwill send the letter to MnDOT December 2, 2002. Ms. Jannine McLaughlin, 19070 Enchanted Court, asked when MnDOT does the traffic study and the speed limit is posted at 50 mph, and they figure out what is a /?i"dif Council Minutes (Regular) November 18, 2002 Page 6 reasonable speed for that road, they take 85% of what they figure? Is that correct? Staff replied they take the speed of all the vehicles during their study period. Then they take the speed at which 85% of the vehicles are traveling at or below that speed. That speed is called the 85th percentile speed. Ms. McLaughlin then asked what if the speed was posted at 40 mph what would happen? Staff replied people drive the road at the comfortable speed regardless of what the signage says. 7. CONSENT AGENDA MOTION by Cordes, second by Strachan approving Council Minutes (11/6/02 Special). Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approve Council Minutes (11/4/02 Regular) b) Approved Various Licenses and Permit Renewals - Administration c) Accepted Resignation Heritage Preservation Commission - Administration d) Adopted RESOLUTION R99-02 Approving Special Assessment Deferral Extension - Finance e) Approved Change Order Akin Road Culvert Project - Engineering f) Approved Traffic Control Change - Embers Avenue - Engineering g) Approved Akin Road Signage - Engineering h) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Certification of Delinquent Municipal Services - Finance MN State Statutes grants cities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. All property owners with delinquent utility bills (over 90 days overdue) were mailed notices and may pay their delinquent amount by November 29, 2002 to avoid certification. At the time of notice, 424 accounts in the total amount of $166,726.21 were outstanding. In the case of rental property, both the landlord and the renter received a notice. As of November 18, 2002 the outstanding amount is $127,234. MOTION by Soderberg, second by Strachan, to close the public hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg adopting RESOLUTION RIOO-02 certifying the delinquent accounts as special assessments to the 2003 taxes of the appropriate properties. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT /~a5 Council Minutes (Regular) November 18,2002 Page 7 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) October 2002 Financial Report - Finance As of October 31, 2002 revenues continue to be in excess of expected levels. Expenditures are slightly higher than budgeted. The revised 2002 budget will be presented at the December 2, 2002 Council Meeting. b) Consider Updating Feasibility Report - Main Street Project - Engineering During the October 23, 2002 workshop regarding the city's pavement management program, it was discussed that Council would be willing to consider whether or not to update the Main Street Project feasibility report at this time. The project was previously considered in1997 and did not go forward at that time due to budgetary concerns. If the project were to be reconsidered at this time, the project could be accomplished in 2003. If the project is not done in 2003, the next opportunity would be in 2005 or 2006. Counci1member Cordes stated she is in favor of doing a feasibility report, but wondered if Council was ready to do the project and is funding available? Councilmember Soderberg stated funding is a major issue. The city also has the Ash Street project in 2003. Counci1member Strachan stated the city was on borrowed time in 1997. He agreed Council should look at a feasibility report. If the city wants the street improved and the sewer working property, that is the cost of doing business. It cannot wait 5 years. Mayor Ristow asked if Finance was able to look at available funds? Finance Director Roland replied at this time whatever reconstruction projects the Council chooses to do, there will be a difference between what can be assessed for the streets and what needs to be paid for. The city does not have excess funds in any fund. The city is trying to develop a base in the permanent revolving fund, which has only been in place for a year. The bonds would require a debt service assessment across all city properties to fill in the gap. Mayor Ristow asked if the city's share (65%) is available. Finance Director Roland replied the 65% cost would be ad valorem taxes that would be levied in 2004, if the bonds were issued in 2003. The feasibility report would be ready in January. MOTION by Soderberg, second by Cordes adopting RESOLUTION RI01-02 ordering a feasibility report for the Main Street Project. APIF, MOTION CARRIED. c) Schedule Workshop - Ash Street Project - Engineering The feasibility report for the Ash Street project is ready to be finalized. Staff recommended a joint workshop between Castle Rock Township and the city to determine if the project should move forward. The cost allocations would be presented at the workshop. The workshop was scheduled for December 4, 2002,at 7:00 p.m. at Farmington City Hall. 11. UNFINISHED BUSINESS 12. NEW BUSINESS I~~r; Council Minutes (Regular) November 18, 2002 Page 8 13. COUNCIL ROUNDTABLE a) Culvert ExtensionlDitch Filling - Akin Road - Engineering Staff replied to several questions from Mr. David Pritzlaff regarding the filling of the ditch along Akin Road. Councilmember Strachan: Submitted his resignation from the Council effective January 6, 2003. Councilmember Strachan will be sworn in as State Representative January 7, 2003. Councilmember Soderberg: With the Depot Way Park, the city has been able to see different forms of art. The Farmington Lions have been working with agricultural businesses on a mural depicting the "Origins of Food." The mural will be placed on the Feely Elevator. Also, a clock will be installed November 20,2002 at the comer of Oak and 3rd Street. A ceremony with the Lion's Club will be held at a later date, and Council will be invited to attend. Councilmember Cordes: A resident called her that had called City Hall to report a street light was out. The resident was given the phone number of the utility company to call herself to report the outage. Councilmember Cordes asked for clarification of how these calls are handled. The resident was upset as she was asked some information she did not know, about a pole number or lot number. Staffwill review the situation. Another resident called, one of many, questioning why a city employee reports to a private residence everyday for work to pick up a city vehicle. Councilmember Cordes has not been given a clear understanding as to why this happens. She would like staff to respond to her so she can respond to this citizen and others who ask her. City Attorney Jamnik: Mayor Ristow asked Attorney Jamnik to explain the election process and what the past Council practice has been. Attorney Jamnik stated state statute provides for Council appointment anytime a vacancy occurs with less than two years left in the term. In the past, Council has requested applications be submitted to the Council. The Council would interview candidates and make a decision. If the Council wanted to follow the same procedure, that could be determined at the next meeting, or if Council wanted to depart from that, they could wait until the new Council takes office to decide what process to follow. All of the preliminary steps are at the discretion of the Council. The statute says the Council will appoint someone to fill the remaining term. Mayor Ristow stated the question was asked earlier if it would be the citizen's right to have an election. Attorney Jamnik replied the city is not setup for a special election. The statute presumes the Council would fill by appointment. If the city did have the provision for a special election, it would likely be set up to be held with another regularly scheduled election. Council would still have the opportunity to fill the seat for that portion of time. lq-a7 Council Minutes (Regular) November 18,2002 Page 9 Councilmember Soderberg stated staffhad done some research on past practice, and there was no clear indication in past Council minutes, except for one case where there were applications taken. Councilmember Soderberg stated it has to be by appointment. His suggestion prior to the election, was to determine the mechanism to use for appointment. Because of the increasing controversy, we should let the voters know we are looking at an appointment process and how we are going to do that. To minimize the controversy is the key and to defer to the judgement of the voters. We had nine candidates on the ballot, two were incumbents. It is no different than the next election cycle which will have three seats on the ballot. That removes the controversy. It is who the voters have decided. Counci1member Strachan stated he selected January 6 for his resignation date, so newly- elected Councilmember Fogarty could have a sal in the process. Mayor Ristow stated Board and Commission appointments are the 2n week in January. We could have the time line set to accept Council applications at the same time. Councilmember Soderberg stated at this time, he is not interested in taking applications. By taking applications we are not only opening ourselves to increased criticism, but also to whoever would receive the appointment. Mayor Ristow stated we had an in-house person when the City Administrator vacancy occurred, Councilmember Strachan suggested we take applications and evaluate them instead of placing him in the position first and letting him be a part of the process. If someone leaves in the next two years, how would it be done? Go by the fourth, fifth, or sixth person? Councilmember Soderberg stated a clear precedent has not been set. Mayor Ristow disagreed with that, stating in the past he was an applicant himself. Councilmember Soderberg stated there was not clear indication as to how the process was done. Councilmember Cordes stated she has not ruled out anything. She is not opposed to appointing the third highest vote-getter. The people have spoken with their votes and selected the two people they wanted. She stated Christy Fogarty will be sitting up here for the next four years and she should have a say in how we continue. The next discussion should take place after she is sworn in. Mayor Ristow: Noticed there are a lot of trees gnawed off along the trail in Rambling River Park. Staff is working on the situation. A new family of beavers has moved into the area. Mayor Ristow then mentioned an article in the newspaper regarding 275 permits being let for the school and it has been hard for them to adjust. Are we mixing up the school's budget by this? Staff will check the records on the history of this topic. Councilmember Soderberg stated he spoke with the school regarding the number of permits the city is letting and the balance between townhomes and single-family homes and the impact that has on the school's budget. The school indicated the communication between staff and the school board has been excellent. The townhomes have less of an impact on the school's budget. The impact on the school is consistent with budget. Counci1member Strachan stated he will need to resign from the ALF Board at the end of the year and asked if he can assume that he should brief Councilmember Soderberg since /q~ Council Minutes (Regular) November 18, 2002 Page 10 he is the alternate or should he wait until appointments after the first of the year? Mayor Ristow stated in the past Council has gone with the alternate. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:51 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~}-7/)~-J Cynthia Muller Executive Assistant /~~9 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 76 TO: Mayor, Councilmembers and City Administrato~ (. FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Joint Powers Agreement Dakota County Drug Task Force DATE: December 2, 2002 INTRODUCTION The City of Farmington is a participating member ofthe Dakota County Drug Task Force. That membership requires annual approval of a Joint Powers Agreement. DISCUSSION Under the terms of the proposed Joint Powers Agreement the City of Farmington would contribute approximately 350 personnel hours during the 2003 calendar year. In turn the Task Force would assume responsibility for all drug investigations in the City. Farmington has been a participating member of this Drug Task Force for the past three years and a member of the preceding organization for the prior 8 years. The membership has proven mutually beneficial. ACTION REQUESTED Approve participation in the Dakota County Drug Task Force and sign the attached Joint Powers Agreement. Respectfully submitted, r-y&L~ Daniel M. Siebenaler Chief of Police /<6'.30 DAKOTA COUNTY DRUG TASK FORCE 2003 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes ~4 71.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City ofLakeville City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the Dakota County Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Narcotics Control Program ("grant funds"). The Burnsville City Manager shall be the "authorized official" as defined in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be constituted as follows: The police chief or sheriff of each party shall appoint one board member to serve at the chief's or sheriff's pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and DAKOTA COUNTY DRUG TASK FORCE 1 2003 JOINT POWERS AGREEMENT /C?31 sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice- chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of two-thirds (2/3rds) of the members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will formulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent-in-Charge of the Task Force. The Board may appoint and supervise Assistant Agent(s)-in-Charge of the Task Force; this appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its power. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. DAKOTA COUNTY DRUG TASK FORCE 2 2003 JOINT POWERS AGREEMENT I~~ 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.l0 The Board will purchase liability insurance, which shall be payable from Task Force funds, and the Dakota County Drug Task Force may not take any actions under this Agreement until such liability insurance is in effect. 6.l1 The Board may receive real or personal property by grant, devise or bequest for the use of the Task Force. 7. Finance. 7.1 The members intend to fund the 2003 cost of operation of the Task Force totaling $l,336,362 as follows: (1) $258,397 from 2003 grant funds, and (2) $1,077,965 in matching funds from member cities and County. Matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. Additional matching funds shall come from forfeiture funds, and $10,000 from the Dakota County Sheriffs contingent fund for drug and alcohol investigations. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City ofBurnsville depository without the signature of the Task Force Secretary/Treasurer or Agent-in-Charge, or the Chairman in the absence of the Secretary/Treasurer or Agent-in-Charge. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the Secretary/Treasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds will be used to pay the 2003 salary and benefits of the full-time officer hired to replace the officer assigned to the Task Force by some members. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.6 The Board may not incur debts. DAKOTA COUNTY DRUG TASK FORCE 3 2003 JOINT POWERS AGREEMENT 1~6 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the Task Force receiving at least $258,000 in grant funds in 2003. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force as follows: City of Apple Valley City ofBurnsville City of Eagan City of Farmington City of Hastings City ofInver Grove Heights City ofLakeville City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County One (1) Full Time Equivalent (FTE) One (1) FTE One (1) FTE One Seventeen-Hundredth (.17) FTE One Half(.50) FTE One (1) FTE One (1) FTE One Quarter (.25) FTE One Twenty-Hundredth (.20) FTE One Quarter (.25) FTE One Half (.50) FTE One (1) FTE Five (5) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge or, in his/her absence, by the Team Leader assigned by the Agent-in-Charge to act in his/her behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon and a vehicle and pay any lease payments, insurance, maintenance and operating costs of the vehicle. DAKOTA COUNTY DRUG TASK FORCE 4 2003 JOINT POWERS AGREEMENT /<::?dY 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. 9. Agent-in-Charge and Team Leader(s). 9.l From the full-time Agents assigned by members, an Agent-in-Charge shall be appointed by the Board and serve at its pleasure. The Agent-in-Charge must be a full- time, licensed supervisory peace officer of a member. The Agent-in-Charge shall remain an employee of the member city or County. 9.2 The Agent-in-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Agent-in-Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Agent-in- Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent- in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. The difference between the rate of pay the Agent-in-Charge would normally have received from the member agency and the rate of pay for the member's first-line supervisor will be paid by the Task Force. 9.3 The Agent-in-Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-Charge is absent. The difference between the rate of pay, if any, the Team Leader(s) would normally have received from the member agency and the rate of pay for the member's first-line supervisor, however, will be paid by the Task Force to the member agency. The Team Leader(s) shall remain an employee of the member city or County at all times. 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Agent- in-Charge is absent, shall be the same as the Agent-in-Charge as described in paragraph DAKOTA COUNTY DRUG TASK FORCE 5 2003 JOINT POWERS AGREEMENT /<:6'35 9.2 herein. If there is more than one Team Leader, the Agent-in-Charge will assign one Team Leader to act as Agent-in-Charge while the Agent-in-Charge is absent. lO. Forfeiture, Seizures and Fines. Items that are seized by the Task Force may be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. All remaining forfeited items shall be divided among Task Force members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by Court Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insurance. This Agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. l2. Duration. 12.1 This Agreement shall take full effect on January 1, 2003. All members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 12.2 This Agreement shall terminate on December 31, 2003, unless extended by further written agreement of the parties. 12.3 This Agreement may be terminated at any time by the written agreement of a majority of the members. 12.4 Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 9471.59. DAKOTA COUNTY DRUG TASK FORCE 6 2003 JOINT POWERS AGREEMENT 1'T!3~ Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date DAKOTA COUNTY DRUG TASK FORCE CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature CITY OF BURNSVILLE By Date of Signature Attest Date of Signature CITY OF EAGAN By Date of Signature Attest Date of Signature CITY OF FARMINGTON By Date of Signature Attest Date of Signature CITY OF HASTINGS By Date of Signature Attest Date of Signature 7 2003 JOINT POWERS AGREEMENT 1~3" City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7c.. TO: Mayor, Council Members, City AdministratorS: ( FROM: Robin Roland, Finance Director SUBJECT: Engagement of Audit Firm for December 31, 2002 DATE: December 2, 2002 INTRODUCTION Kern, DeWenter, Viere, Ltd has presented the City with its engagement letter for auditing services for the year ended December 31, 2002. DISCUSSION Kern, DeWenter, Viere, Ltd. has satisfactorily completed 5 years of audit engagement with the December 31,2001 Annual Financial Statements. The proposal for the 2002 audit is consistent with the services performed for the 2001 audit. BUDGET IMPACT KDV proposes a fee of $17,300 for professional auditing services of the December 31, 2002 financial records. This is a 4.8% increase over the 2001 fees. The proposed 2003 budget includes sufficient funding for auditing services. ACTION REQUIRED Authorize engagement of Kern, DeWenter, Viere, Ltd. for the December 31, 2002 audit at a fee of $17,300. ~~d2j Robin RO'';7 ............1:: Finance Director /~~ ~DV KERN,DEWENTER,YIERE November 12, 2002 Ms. Robin Roland Finance Director City of Farmington 325 Oak Street Farmington, MN 55024 Weare pleased to confirm our understanding of the services we are to provide to the City of Farmington for the year ending December 31, 2002. We will audit the general purpose financial statements of the City of Farmington as of and for the year ending December 31, 2002. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the general purpose financial statements: 1. Combining and Individual Fund Financial Statements The document will also include the following additional information that will not be subjected to the auditing procedures applied in our audit of the general purpose financial statements, and for which our accountant's report will disclaim an opinion: 1. Supplementary and Statistical Information Throughout the remainder of this letter, references to Government Auditing Standards apply only if the City has received any federal funding; whereas references to the Single Audit Act of 1996, OMB Circular A-133, OMB Compliance Supplement, major programs and grant agreements apply only if the City has received $300,000 or more of federal financial assistance. The objective of our audit is the expression of an opinion as to whether the general purpose financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the general purpose financial statements taken as a whole. The objective also includes reporting on the City of Farmington's compliance with laws and regulations and the provisions of contracts and grant agreements and its internal controls as required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the single Audit Act Amendments of 1996; and the provisions of OMB Circular A-l33, and will Certified Public A.ccoul1lanl~ Fina ncitll Scnli't~s Organi:;::atio1! Del'Edopmenl SIri'1.1,egic C01tSUlfi"g Technology Sen,zces Minneapolis 7100 Northland Circle N. Suite 119 Minneapolis, Minnesota 55428.1500 Phone: 763,537,3011 Fax: 763.537,9682 St, Cloud 220 Park Avenue S. P.O. Box ]304 Sr. Cloud, Minnesota 56302 Phone: 320.251. 7010 Fax: 320.251.1784 Waite Park 415 3rd Sueet N, Suite 100 Waite Park, Minn~sota 56387,2510 Phone: 320,252.7060 Fax: .320.252.9627 Expert advice. WIlen you need jt.SIII /q39 City of Farmington Page 2 include tests of the accounting records of the City of Farmington and other procedures we consider necessary to enable us to express such an opinion and to render the required Single Audit reports. If our opinion on the general purpose financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to express an opinion, we may decline to express an opinion or may not issue a report as a result of this engagement. The management of the City of Farmington is responsible for establishing and maintaining internal control. In fulfilling this responsibility, estimates and judgements by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general purpose financial statements in accordance with accounting principles generally accepted in the United States of America, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. In planning and performing our audits, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing and extent of our auditing procedures for the purpose of expressing our opinions on the City's general purpose financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. (Tests of controls are required only if control risk is assessed below the maximum level.) Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. We will perform tests of controls, as required by OMB Circular A-B3, to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements, applicable to each of the City's major federal award programs. Our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgement, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the /C6 </0 City of Farmington Page 3 assertions of management in the general purpose financial statements. We will also inform you of any non-reportable conditions or other matters involving internal control, if any, as required by OMB Circular A-l33. Identifying and ensuring that the City of Farmington complies with laws, regulations, contracts, and agreements, including grant agreements, is the responsibility of management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Our audit will be conducted in accordance with the standards referred to in the second paragraph. OMB Circular A-l33 requires that we plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB's compliance supplement. The purpose ofthese procedures will be to express an opinion on the City's compliance with requirements applicable to major programs. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amount and disclosures in the financial statements; therefore, our audit will involve judgement about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit will include tests of transactions related to federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that a material misstatement may exist and not be detected by us. In addition, an audit is not designed to detect errors, fraud, or other illegal acts that are immaterial to the general purpose financial statements or to major programs. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. /q <-1/ City of Farmington Page 4 Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and the effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Additionally, as required by OMB Circular A-B3, yo~ will prepare the summary of prior audit findings. This schedule should be available for our reVIew. We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of Kern, DeWenter, Vi ere, Ltd. and constitute confidential information. However, we may be requested to make certain workpapers available to Cognizant or Grantor Agencies pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Kern, DeWenter, Vi ere, Ltd. personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to the Cognizant or Grantor Agency. The Cognizant or Grantor Agency may intend, or decide; to distribute the photocopies or information contained therein to others, including other governmental agencies. Our fee for these services will be at our standard hourly rates except that we agree that our gross fee, including expenses, will not exceed $17,300. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. If the City of Farmington receives $300,000 or more of federal financial assistance, which would subject it to the Single Audit Act of 1996, we will negotiate a fee with you. Fees for these engagements typically vary between $1,000 and $1,500, depending on the type of program. Government Auditing Standards require that we provide you with a copy of our most recent quality control review report. Our 1999 peer review report accompanies this letter if Government Auditing Standards are applicable and if you have not received a copy of our peer review report in a previous year. We appreciate the opportunity to be of service to the City of Farmington and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. /7?t/0? City of Farmington Page 5 Sincerely, KERN, DEWENTER, VIERE, LTD. g~ ()Jj.Jj~ Steven Wischmann Certified Public Accountant RESPONSE: This letter correctly sets forth the understanding of the City of Farmington. By: Title: Date: 1~'I3 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us 7d TO: Mayor, Council Members and City Administrator €.c FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation - Finance DATE: December 2, 2002 INTRODUCTION The recruitment and selection process for the appointment of the Assistant Liquor Operations Manager in the Finance Department has been completed. DISCUSSION After a thorough review of all applicants for the Assistant Liquor Operations Manager position by the Finance Department and Human Resources Office, a contingent offer of employment has been made to Mr. Randy Petrofske, subject to ratification by the City Council. Mr. Petrofske has been employed by the City since July 1984. Mr. Petrofske began his employment as a part-time liquor clerk and was promoted to full-time in May 1987. He has taken on additional responsibilities during his tenure with the City and is currently a Senior Liquor Clerk. Additionally, Mr. Petrofske took on additional duties when the former Assistant Liquor Operations Manager went out on family leave. Mr. Petrofske is well qualified for the position. BUDGET IMPACT Funding for this position is authorized in the 2002 budget. ACTION REQUESTED Approve the appointment of Mr. Randy Petrofske to the position of Assistant Liquor Operations Manager in the Finance Department, effective on or about December 3,2002. Respectfully submitted, 4 /1 ,/ / ./1 ;- lltt(~~?Jt:/i~/'C / Brenda wendlandt SPHR I . Human Resources Director CC: Personnel File I~ </</ 7e City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator 1:~ FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: Approve Change Order-195th Street West Extension Project DATE: December 2, 2002 INTRODUCTION Forwarded herewith for Council's consideration IS change order #2 for the 195th Street West Extension Project. DISCUSSION The majority of the change order to the project relates to additional black dirt and sodding that was needed to finish the restoration of the slopes along the project. BUDGET IMPACT The total cost for change order #2 is $21,273.80. The costs for the change order are within the total project budget. ACTION REQUESTED Approve the change order to the Akin Road Culvert Project in the amount of$21,273.80. Respectfully Submitted, ~mm~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file /~t/5 ~ ~=roo R Anderlik & 1\11 Associates :ngineers & Architects Owner: City of Fannimrton Date November 25, 2002 Contractor: Midstate Services. Inc. Bond Comn8JlY: American A2eI1cv CHANGE ORDER NO.2 195th Street Improvements City of Farmington Project No. 01-16 BRA FILE NO. 141-01-156 Descriotion of Work This Change Order provides for additional project work as needed to complete the project. Items # 1 and #2 were needed to allow establishment of grasses on the site. Item #3 was needed to install additional signage for the project. Contract Unit Total No. Item Unit Quantitv Price Amount CHANGE ORDER NO.1 Imported black dirt CY 1816 S 10.00 $18.160.00 2 Sodding, lawn type SY 903 $3.00 $2.709.00 3 Sign panels, Type C SF 18.4 $22.00 $404.80 Total CHANGE ORDER :"l0. 1: S21,273.80 Change Order #2 /~ 'It, To: Mayor Ristow Council Member Cordes Council Member Verch Council Member Soderberg Council Member-elect Fogarty City Administrator Shukle From: Steve Stracha4S Date: November 18, 2002 Re: Resignation Please accept my resignation from the Farmington City Council, effective January 6, 2003. On January 7,2003, I will be sworn in as the State Representative for House District 36B. It has truly been a privilege and an honor to be able to serve as a Council Member since 1997, and prior to that as a Planning Commissioner and Parks and Recreation Commissioner. I look forward to continuing to serve you, and our community, in a new capacity. Thank you. 7F 1~l/7 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us ?J TO: Mayor, CouncUmembers, City Administrato;f\:. FROM: James Bell, Parks and Recreation Director SUBJECT: Accept Petition Farmington Club Soccer DATE: December 2, 2002 INTRODUCTION Farmington Club Soccer has expressed concerns and presented to the Council a petition dated October 23, 2002, regarding the lack offield space in the City of Farmington. DISCUSSION The Parks and Recreation Commission did propose a referendum for an athletic complex that included soccer fields a few years ago. However, due to financial considerations, the referendum had to be delayed. The City Council and Parks and Recreation Commission have continued to actively seek a site for a future athletic complex, which would include soccer fields. The lack of the fields in Farmington is a concern to staff, as well as the Parks and Recreation Commission. The need for an athletic complex has been designated in the 2003-2007 Capital Improvement Plan. The Parks and Recreation Commission reviewed this petition at the November 20, 2002 meeting, and are forwarding it on to Council with the following comments: · Ofthe 84 signatures on the petition, 60 or 71% are Farmington residents. · The P ARAC would like to see some cooperation on an athletic facility from the surrounding Cities and Townships that have residents in the soccer program. . An outdoor athletic facility that includes fields for both adult and youth participation is needed. ACTION REOUESTED Accept the petition from Farmington Club Soccer regarding the need for more field space in Farmington. Respectfully submitted, ~~~ James Bell Parks and Recreation Director Cc: Farmington Club Soccer /co</'? To Whom it May Concern: October 23, 2002 Please copy and distribute the enclosed information to the persons named in the letter and add this item of discussion to the appropriate committee and/or council meeting(s). Thank-you for your attention to this. Sincerely, Kate Peterson Kaa jl~ 1?f49 October 11, 2002 From: Farmington Club Soccer Board of Directors P.O. Box 203 Farmington, MN 55024 To: Farmington City Council Members and Administration Farmington City Hall 325 Oak Street Farmington,MN55024 Dear Members of the Farmington City Council and Administration: We are writing on behalf of the youth in this community - the over l,OOO boys and girls ages 3 to 17 who participated in one or more of three soccer programs offered by Farmington Club Soccer (FCS) during 2002. FCS is a nonprofit organization, administered by a volunteer board of directors, and dedicated to providing soccer opportunities to kids in Farmington. During the last five years interest in playing soccer in Farmington has increased beyond the availability of existing school district green space. The school district fields cannot continue to solely meet the demands and needs of our community's programs. The taxpayers of Fannington have shown they want soccer opportunities for their children, and we need your help to ensure those opportunities continue to exist. Weare asking for your assistance in resolving our field space issue. Numerous residents have signed a petition urging you to plan, develop and maintain soccer fields in Farmington as soon as possible. The opportunity for the youth in our community to be involved in a healthy soccer program depends on our ability to have soccer fields for these youth to use. Please work with us to ensure that the demand for the soccer programs in Fannington won't outstrip the community's ability to provide those opportunities. This community needs the city to participate in a significant way to solve this shortage of field space. We welcome the opportunity to meet and speak with you to further discuss this request. We look forward to your response and appreciate in advance your cooperation in meeting this need in our community. Sincerely, Farmington Club Soccer's board of directors, on behalf of the youth of Farmington k~-r[;"""P-lA~ ~ )-..lLlJ'lttr' Kate Peterson, president Pam Melby, ~e presi t 651-463-4322 651-463-2928 l-flm~ Tami Fencl, secretary 251- 60-2699 . L-l ~~. inda Lan~; recreation program director 651-460-8224 ~ eltz, treasurer 1-480-1501 . ~~ - 't,l~~~' . fer S gent, trave1ll?gram director 651-460- 894 Enc: signed petitions 1CC?5C'J ;'/Ji-;nI tJ ~ nJ C vtJ{) ) l) ~v3(L I would vote "yes" on a park referendum that would increase my taxes to include a significant allocation of green space dedicated for use by FCS youth. Address L, 'lI\9-C>~ t A Tb) /'V'v~ Phone # iSz- - lfJ(-t In 7S0V Fi~e Occf..s.11- ():dcs ~ I q /15, f:5./(){J.ttt( 1(lIJ J '-~ I~Yo ~ )~ J4~,. ~ t,f. ~ Acre. 1/7/-1./65- le., -' if 171 t<<=t (:> \- 3l \.{o l 'i~~ _LV \, o <.---gl {(( -l{~s- 5'S'J bS( -l(e,O-47 1<:6'51 I would vote "yes" on a park referendum that would increase my taxes to include a sianificant allocation of areen soace dedicated for use bv FCS youth. SiQnature Address (ll( q VI'U1.Fdt W' ~tJq LJa-lhyt &--- ~ 1Mr~~t. ~(" ~.tb $+ We5+ fY 61tlkt ~ );;- ~ / ~ <Z)odJ/~)- t(}--1- C Phone # q')J-qq? 3C(~'l lfh()-!f~ ~b3 --43~ ex. lP$'f i~~-L/3'1~ (P61-t16o - l.fl kil ~3 Z72!. (,1{ (Co (~i:)l) , S I" It lJJ -111 ~').- c ~~/~-f ., <l5~DS~ /C?5;? I would vote "yes" on a park referendum that would increase my taxes to include a significant allocation of green space dedicated for use by FCS youth. Si nature CArzuF'D- I? ~ \ \ L ~U<{ i\ ItA V\.. Wh1 {q- ~ Address Phone # fJ 51 'f ItJ 6 lfll 1),.. bs/ -4~ - <fon \ ( / I (~43 Lv L\: 1 /' lvSI- 5 <f '-( ~ I ;}Q J ~ F 12M T to fa ~ I ,. 4 (;;, ;s - )..J..8 () 19l1:,"-1 {EtI~~~ Or I y;-,-L.{b3 -c;LfZ.~ \ - " ~ '. \ . \ - \ () \ \Q S:s LL(.z <;1-' '-. lRSl- 4"'$ ~s \:> (05/- 'I'" 3-b'51 17 -tll w 15;2- ' -Of'" Qsz- 3lu7~ ( /<f!53 I would vote "yes" on a park referendum that would increase my taxes to include a significant allocation of green space dedicated for use by FCS youth. Address 1'('17/ EntJ/''.J It A-v(. ~...wJ kvt Z-08'2-r ~ 'J;(~~ _ ?o 23 z,. 'j/ ~O l- (d-t'~ S4: t~/l q ~\JV'\S 4ue.. l ttc ~ ' fJ..~ 2 I obit> C!.h; c.., L" Ifw. Phone # " 57 - 1../63-Z7C'8 Co ~I- 'fbO-8-3.Cf ~S\ 0 rq lp51 q((8.-2507 ~r( 1'1(,3, 3/'1") liS I-%o.~ ' ti/ '~-1-~3 - t/ I 'f;J. - 7 S3- 3Q fRSll/UJ ~ /~5'1 I would vote "yes" on a park referendum that would increase my taxes to include . a significant allocation of green space dedicated for use by FCS youth. Signature C/, Address 10Lf (~St. Phone # 0S/-tf63-4d~ h5 I y;g LRo -~ 38 Y 2b rT?/ SI tJ @ ~sl fJtc fie /tv #~ ~'9' r!, j _ f r,', / H ;' ( i~\) - ('Y-Sf- \ ,~ Y;Lf r J./J ~.sf-.. ~ b5 ) - y ~ :J < ,').t--b5 I~.$ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7A TO: FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Ground Water Testing DATE: December 2, 2002 INTRODUCTION The residence located at 520 Ash Street has had water in the basement that has tested positive for fecal coliform. The residents have indicated their concerns that the presence of fecal coliform in their basement is a result of the non-compliant septic systems in the area. DISCUSSION Staff has received a quotation from Peer Environmental and Engineering Resources Inc., to perform groundwater testing that would indicate whether or not the groundwater flowing toward the residence in question contains fecal coliform. If the results of this testing turns out negative, then the residents would need to do further testing to determine if the source of the fecal coliform is coming from their own sewer service. If the results are positive, then the issue of the non-compliant septic systems and the effects to the environment are further clarified. This testing will be performed as part of the Ash Street project analysis and the results of the testing will be noted as appropriate in the project process. BUDGET IMPACT The cost to complete the groundwater testing is $1,800. The cost would be split between the Water fund and the Sewer fund. ACTION REQUESTED For Council's information. Respectfully Submitted, tt:. frl ~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file Eugene Thurmes, 520 Ash Street /q;sC 'l5a... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-711I Fax (651) 463-2591 www.d.farmington.mn.us Mayor, Council Members. City Administrator~<t TO: FROM: Robin Roland. Finance Director SUBJECT: Truth in Taxation Hearing DATE: December 2. 2002 INTRODUCTION The City Council adopted a proposed Tax Levy and budget for 2002 with Resolution R78-02 at the Council meeting on September 3.,2002 and established the Truth in Taxation Hearing to take place at the City Council meeting of December 2. 2002. DISCUSSION & BUDGET IMPACT The Truth in Taxation Hearing is held pursuant to State Statute to receive input form residents and other concerned citizens on the proposed budget and tax levy. The hearing will include a presentation by staff of the highlights of the City's proposed 2003 Revenue and Expenditure Budget and the 2003 Proposed Tax levy. Residents have received property specific notices outlining the proposed effect of the 2003 tax levy on their individual property taxes compared to the taxes levied against their property in 2002. The hearing will give residents the opportunity to share their comments and concerns about the proposed 2003 levy and budget. ACTION REQUIRED Receive input on the Proposed 2003 Budget and Tax Levy. Close the public hearing after taking all testimony. Adoption of the Final Budget and Levy will take place at the December 16, 2002 City Council meeting. Respectfully submitted, A6tr~ Finance Director I~bq- Determination of Proposed 2003 Tax Capacity Rate 2003 ~ 2001 ~ Farmington requested levy is 4,242,570 3,607,016 2,933,000 2,641,645 Minus Fiscal Disparties Distribution 635,943 580.688 461,411 433,567 Minus HACA\LPA Credit 403,466 404.409 Equals Levy to Collect $ 3.606.627 $ 3.026.328 $ 2.068.123 $ 1.803,669 Net Tax Capacity Value (2) 9,254,576 7,539,921 8,501.076 7,197,244 Less Local contribution to Fiscal Disparities (3) 352,590 305,155 483,358 412,590 Less Amount to Tax Increment (3) 1,204.400 993.526 1.095.035 888.770 Amount used to determine Tax Capacity Rate $ 7,697.586 $ 6,241,240 $ 6,922.683 $ 5.895.884 $ 7,697,586 $ 6,241,240 $ 6,922,683 $ 5,895,884 2003 Tax Capacity Rate will then be 46.8540% 48.489% 29.875% 30.592% (1)According to Dakota County Property Tax Division, (2) Estimated 2003 GTCV as of Dakota County , (3) Dakota County estimate at 8/19/02 REVISED1112612002 1~59 City of Farminaton. Minnesota Property Tax Levy General Fund Levy Certified 2000 1,103,669 Certified 2001 1,283,123 Adopted 2002 1,964,391 Proposed 2003 2,497,127 Debt Service Funds Against City Property 399,450 397,725 746,937 744,500 Equipment Certificates 150,550 187,275 260,000 310,000 *Total Debt Service 550,000 585,000 1,006,937 1,054,500 Capital Project Levy 100,000 150,000 Fire Levy 50,000 50,000 55,000 55,000 Total City Levy 1,803,669 2,068,123 3,026,328 3,806,627 TOTAL LEVY 1 ,803,669 2,068,123 3,026,328 3,606,627 **Adjusted Tax Capacity Value $ 5,895,884 $ 6,922,683 $ 6,241 ,240 $ 7,697,586 ** Adjusted Value determined by deducting Fiscal Disparities and Tax Increment estimates. /~~Q CITY OF FARMINGTON, MN ANNUAL BUDGET GENERAL FUND STATEMENT OF REVENUES EXPENDITURES AND CHANGES IN FUND BALANCE ~--=====..,.. s s s s S REVENUES General Property Taxes $ 1,594,182 $ 1 ,785,543 $ 2,600,079 2,600,079 3,188,070 Licenses & permits 923,437 1,150,171 809,175 1,163,800 1,033,700 Fines & Forfeitures 79,511 84,575 75,000 82,500 82,500 Interest 232,384 226,646 300 ,000 300,000 300 ,000 Intergovernmental 1,154,774 1,194,618 784,517 817,059 876,486 Charges for services 271,476 244,614 272,500 321,200 329,779 Miscellaneous 37 053 31 226 30 500 30 500 30.500 Total Operating Revenue 4,292 817 4 717 393 4871 771 5315138 5.841.035 . Transfers in: HRA Special Revenue 30,000 30,000 35,000 35,000 40,000 Capital Acquisition 50,000 50,000 Private Capital Projects 150,000 150,000 150,000 Other 4,502 Liquor Operations 15,000 20,000 22,000 22,000 25,000 Sewer 27,500 35,000 38,500 38,500 45,000 Storm Water 15,000 20,000 22,000 22,000 25,000 Refuse 27,500 35,000 38,500 38,500 45,000 Water 27 500 35 000 38 500 38 500 45.000 Total Transfers In 192 500 379 502 344 500 344 500 225.000 Total Revenue 4,485,317 5,096,895 5,216,271 5,659,638 6,066,035 EXPENDITURES Administration 542,754 613,290 829,152 744,280 869,110 Finance 313,004 344,621 345,205 374,940 367,170 Community Development 424,781 449,332 461,915 545,540 540,420 Police 1,222,766 1,397,648 1,495,372 1,535,678 1,847,910 Fire 289,174 349,481 371,333 371,020 411,230 Public Works 667,977 811,178 879,034 904,450 869,040 Parks & recreation 661 304 574232 704 260 680 495 764 162 - Total Expenditures 4121 760 4 539 782 5 086 271 5156 403 5 669 042 - Transfers out: Arena 20,000 Recreation operating 95 696 130 000 130 000 100 000 Total transfers out 20 000 95 696 130 000 130 000 100 000 - Total Expenditures 4141 760 4635478 5216271 5 286 403 5 769 042 - Excess(Deficiency) of Revenues and other financing sources over Expenditures 343,557 461,417 - 373,235 296,993 - Fund Balance beginning of year 1 114 163 1 457 720 1 919137 1 919137 2 292.372 Fund Balance end of year 1 457 720 1 919137 1 919137 2 292 372 2 589 365 - / C?r::,/ jOa..- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Main Street Project Options DATE: December 2, 2002 INTRODUCTION At the November 18, 2002 City Council meeting, the City Council authorized staff to update the feasibility report for the Main Street Reconstruction Project. DISCUSSION There are several design options that exist for the reconstruction of Main Street. Three options will be presented in the report. The Council is being notified of the three options ahead of the report presentation in order to allow the Council to have additional time to consider the merits of the options. The three options include: 1. Reconstruct Main Street to the same cross-section that exists currently, keeping the width the same. 2. Reconstruct Main Street to a cross-section with a reduced width, similar to that which occurred when Oak Street was reconstructed. 3. Reconstruct Main Street with a cross-section that includes a landscaped median that would allow for maximizing the infiltration of storm water runoff and providing an aesthetic benefit. Diagrams showing preliminary concepts of the three options are attached. BUDGET IMPACT None at this time. ACTION REQUESTED For Council's information and discussion. /~~ Respectfully Submitted, ';d: J11 ~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file I <\?~-3 C) z - ~ ()) - Q) x ...,... w 0 0 eJ ~ OJ r<:1 W W ~ Q) ...,... Gk.l I ~ o 5 ~ z o ~ ~ o Gk.l )'??~ cj ~ o o ex) GkJ I ~ o 5: 5: o CL CL <C z N Z o ~ CL o GkJ J<:?~5 9:J Z <C - 0 w :2 cxc co .,..,... CL W ~ Z 0 W 0 co0ieJ U CO .,..,... n z o ~ CL o co .,..,... 9:J I?~c:' 106 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Me~bers, City Administrator ~ 5. Jim Atkinson t<l:,; Assistant City Planner TO: SUBJECT: Ordinance Amending Sections 10-2-1,10-5-6,10-5-7,10-5-11,10- 5-12, and 10-5-14 of the Farmington Zoning Code and Adding Section 10-6-23 to the Farmington Zoning Code - Bed and Breakfast Standards. DATE: December 2,2002 INTRODUCTION The City of Farmington proposes to amend Sections 10-2-1, 10-5-6, 10-5-7, 10-5-11, 10-5-12, 10-5-14 and add Section 10-6-23 to the Farmington Zoning Code to establish standards for the operation of Bed and Breakfasts. The Zoning Code does not currently include provisions for Bed and Breakfasts. DISCUSSION Section 10-4-4 of the Zoning Code addresses land uses that are not included in the Code: A use not specifically designated as a permitted or conditional use anywhere in the city is considered prohibited. In such a case, the council, commission, or property owner may request a study by the city to determine if the use is acceptable and, if so, what zoning district would be most appropriate for the use and what conditions and standards, if any, should be attached to the development of the use. If found acceptable, an amendment to the zoning title may be initiated permitting the use as outlined in Chapter 3 of this title. Recent interest in operating bed and breakfasts within the City has prompted staff to research possible guidelines for allowing bed and breakfasts within certain zoning districts. Staff has reviewed ordinances from several neighboring communities and has drafted provisions that are intended to accommodate bed and breakfasts without compromising the character of established neighborhoods. As described in the proposed ordinance, staff is proposing to allow bed and breakfasts as a conditional use in four (4) residential zoning districts (R-1, R-2, R-T, and R-D) and one (1) commercial zoning district (B-2). Sixteen (16) specific conditions are proposed /~? that include limiting the number of units allowed, regulating signage and parking, and allowing for periodic review of a bed and breakfast to ensure that the requirements of the conditional use permit are satisfied. The conditions would minimize potential impacts on the surrounding area that could occur when introducing a more intensive land use into a neighborhood. The proposed conditions are as follows: 1. The structure is listed on the National Historic Register, designated on the City's list as a Farmington Heritage Landmark or identified as a historically significant property by the Heritage Preservation Commission. 2. The bed and breakfast residence shall be occupied by the owner or an agent of the owner. 3. At least two off-street parking spaces shall be provided onsite for the owner or manager and one additional parking space per rental unit. Parking spaces shall be hard surfaced with concrete or asphalt and shall be well-drained. The parking shall not be located between the front face of the principal structure and the street. 4. The dining facilities shall not be open to the public and shall be used exclusively by the registered guests unless allowed as a separate permitted or special use. 5. An identification sign not exceeding four square feet may be located on the site. The sign must match the architectural features of the structure. The sign may be located on the house or five feet from the property line. The sign may not be illuminated. 6. A maximum of five bed and breakfast units may be established in a structure and at least one bedroom must be reserved by the property owner(s). 7. The owner of the bed and breakfast shall maintain a guest register showing the name, address, motor vehicle license number, and inclusive dates of visits of all guests. No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of fourteen (14) calendar days during any consecutive ninety- day (90) day period. 8. The structure and performance of the operation of the bed and breakfast and residence shall comply with all local, county, and state regulations. 9. The facility shall obtain all applicable local, county, and state licenses as required for food service, lodging, and other services provided at, or in conjunction with, the facility. 10. The property shall comply with all bulk and density standards required in the applicable zoning district. 11. The property shall comply with applicable screening and landscaping standards required by the Zoning Ordinance. /C:O~~ 12. All rental units shall be established within the principal structure. This requirement may be waived if the Planning Commission determines that an existing accessory structure is suitable for use as a bed and breakfast unit. The waiver shall be included with the conditional use permit. 13. The Planning Commission may modify standards or require additional standards which are site specific in order to assure the compatibility of the bed and breakfast activities with the neighborhood in which it is located. 14. The Planning Commission reserves the right to review the conditional use permit annually and either continue or modify the conditions of the permit. 15. The Planning Commission reserves the right to terminate the conditional use permit anytime the owner fails to adhere to the standards or conditio'ns established by this Section or contained in the conditional use permit. 16. All Bed and Breakfasts shall obtain a Bed and Breakfast License from the City of Farmington prior to commencing operation. Licenses shall be renewed annually to ensure that all provisions of initial approval are satisfied. Heritaae Preservation Commission The Heritage Preservation Commission (HPC) met on November 21, 2002 and reviewed the proposed amendments. The HPC provided several comments that have been incorporated into the proposed ordinance. City Plannina Commission The Planning Commission met on November 26, 2002 and reviewed the proposed amendments. The Commission's comments have been incorporated in to the attached ordinance. ACTION REQUESTED Consider the proposed amendments to Sections 10-2-1, 10-5-6, 10-5-7, 10-5-11, 10-5- 12, and 10-5-14 and the addition of Section 10-6-23 to the Farmington Zoning Code, establishing standards for Bed and Breakfasts. Respectfully Submitted, r.}_ ~ Jim Atkinson Assistant City Planner Attachments: Proposed Bed and Breakfast Ordinance /C(;~9 Proposed Amendments Section 1 0- 2-1: Defi nitions (add) Bed and Breakfast: means an historically designated structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation. Bed and Breakfast Unit: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. Section 10-5-6: R-1 Low Density Residential District Conditional Use (add) Bed and Breakfast Section 10-5-7: R-2 Low/Medium Density Residential District Conditional Use (add) Bed and Breakfast Section 10-5-11: R-T Downtown Transitional Mixed Use District Conditional Use (add) Bed and Breakfast Section 10- 5-12: R-D Downtown Residential District Conditional Use (add) Bed and Breakfast Section 10-5-14: B-2 Downtown Business District Conditional Use (add) Bed and Breakfast (Add) 10-6-23: Bed and Breakfast Standards: (A) Intent and Purpose: The City recognizes that bed and breakfasts are an asset to the community and help the preservation of historic structures because the expense of owning and maintaining historic structures has made them less suitable for single-family dwellings or businesses. 1t:6' '/0 Conversion of historic structures into multifamily uses is usually determined by the neighborhood where it is located. It is therefore the intention of the city to limit bed and breakfast uses to those structures where the use would benefit the surrounding area by allowing appropriate adaptive reuse of historic structures. Bed and breakfasts are allowed by a conditional use permit, subject to the conditions provided under 10-3-5 and the following conditions in the R-1, R-2, R-T, R-D and B-2 zoning districts as regulated in this section, subject to the conditions outlined in section B. (B) Bed and Breakfast Standards: 1. The structure is listed on the National Historic Register, designated on the City's list as a Farmington Heritage Landmark or identified as a historically significant property by the Heritage Preservation Commission. 2. The bed and breakfast shall be occupied by the owner or an agent of the owner. 3. At least two off-street parking spaces shall be provided onsite for the owner or manager and one additional parking space per rental unit. Parking spaces shall be hard surfaced with concrete or asphalt and shall be well-drained. The parking shall not be located between the front face of the principal structure and the street. 4. The dining facilities shall not be open to the public and shall be used exclusively by the registered guests unless allowed as a separate permitted or special use. 5. An identification sign not exceeding four square feet may be located on the site. The sign must match the architectural features of the structure. The sign may be located on the house or five feet from the property line. The sign may not be illuminated. 6. A maximum of five bed and breakfast units may be established in a structure and at least one bedroom must be reserved by the property owner(s). 7. The owner of the bed and breakfast shall maintain a guest register showing the name, address, motor vehicle license number, and inclusive dates of visits of all guests. No guest shall be permitted to rent accommodations or remain in occupancy for a period in excess of fourteen (14) calendar days during any consecutive ninety-day (90) day period. 1t:iS' '/ / 8. The structure and performance of the operation of the bed and breakfast and residence shall comply with all local, county, and state regulations. 9. The facility shall obtain all applicable local, county, and state licenses as required for food service, lodging, and other services provided at, or in conjunction with, the facility. 10. The property shall comply with all bulk and density standards required in the applicable zoning district. 11. The property shall comply with applicable screening and landscaping standards required by the Zoning Ordinance. 12. All rental units shall be established within the principal structure. This requirement may be waived if the Planning Commission determines that an existing accessory structure is suitable for use as a bed and breakfast unit. The waiver shall be included with the conditional use permit. 13. The Planning Commission may modify standards or require additional standards that are site specific in order to assure the compatibility of the bed and breakfast activities with the neighborhood in which it is located. 14. The Planning Commission reserves the right to review the conditional use permit annually and either continue or modify the conditions of the permit. 15. The Planning Commission reserves the right to terminate the conditional use permit any time the owner fails to adhere to the standards or conditions established by this Section or contained in the conditional use permit. 16. All Bed and Breakfasts shall obtain a Bed and Breakfast License from the City of Farmington prior to commencing operation. Licenses shall be renewed annually to ensure that all provisions of initial approval are satisfied. /t:6 :7 ~