HomeMy WebLinkAbout09.20.10 Council Packet
City of Farmington
430 Third Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation.
the City of Farmington provides quality
services that preserve our proud past and
foster a promisingfuture.
FARMINGTON CITY COUNCIL
Todd Larson, Mayor
Terry Donnelly Julie May
Christy Fogarty Steve Wilson
AGENDA
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2010
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. APPROVEAGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
a) Recognize Retirement - Bill Weierke
Recognized
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (This time is reservedfor
citizen comments regarding non-agenda items. No official Council action can be taken on these items.
Speakers are limited to fIVe minutes to address the Council during "Citizen Comment" time.)
7. CONSENT AGENDA
a) Approve Council Minutes (9/7/10 Regular)
b) School and Conference - Engineering
c) School and Conference - Finance
d) Approve Game Ice Rental Agreement - Administration
e) Hydrant Flushing - Municipal Services
f) Adopt Resolution - Accept Donation Rambling River Center - Parks &
Recreation
g) Adopt Ordinance - Amending Downtown Commercial Overlay District
Design Standards for Screening and Fencing - Planning
h) Adopt Ordinance - Amending Erosion Control and Turf Establishment
Regarding Installation of Sod on New Construction - Planning
i) August 2010 Financial Report - Finance
j) Approve Beer License Ugly Mug - Administration
k) Approve Bills
Approved
Approved
Approved
Approved
Information Received
R52-10
Ord 010-627
Ord 010-628
Information Received
Approved
Approved
REGULAR AGENDA
(The Council takes a separate action on each item on the Regular Agenda. If you wish to address the
Council regarding any or all of the items on the Regular Agenda, please address the item when the
item is discussed Speakers will be given at least three minutes to speak per item. Additional time
may be granted to speakers representing two or more persons.)
8. PUBLIC HEARINGS
9. AWARDOFCONTRACT
10. PETITIONS, REQUESTS AND COMMUNICA TIONS
a) Adopt Resolution - Amending Schwiness Retail Center (Farmington
Marketplace) Planned Unit Development Agreement - Planning
b) Approve Purchase of Playground Equipment - Parks & Recreation
c) Approve Memorandum of Understanding with DARTS - Parks & Recreation
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a) Adopt Ordinances - Utility Franchise Fees - Administration
13. COUNCIL ROUNDTABLE
a) Set Budget Workshop
b) Neighborhood Tornado Recognition
c) Ice Arena Ribbon Cutting
14. EXECUTIVE SESSION
a) Labor Relations
R53-10
Approved
Sept 27,5:30 p,m,
Information Received
Sept 25, 12:00
15. ADJOURN
Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803.
Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation.
Table of Contents
Agenda. . . . . . . . . . . . . . . . . . . . 3
Approve Council Minutes (917/10 Regular)
917/10 Council Minutes . . . . 5
Water Resource Conference
Water Resource Conference . 15
MnGFOA Conference
MnGFOA Conference. . . . . 16
Approve Game Ice Rental Agreement
Memo . . . . 17
Agreement. . . . . . 18
Hydrant Flushing
hydrant flushing 2 . . 20
Adopt Resolution Accept Donation to the Rambling River Center
memo . . . . . . . . . . . . . . . . . . . . . . . . . . 21
resolution . . . . . . . . . . . . . . . . . . . . . . . . 22
Adopt Ordinance Amending Downtown Commercial Overlay
District Design Standards for Screening and Fencing
Downtown Comm Overlay fence amendment MemoCC . . 23
Downtown Comm Overlay fence ordinanceCC. . . . . . . 25
Adopt Ordinance Amending Erosion Control and Turf
Establishment Regarding Installation of Sod on New
Construction
Erosion Control and Turf Establishment MemoCC . .31
Erosion Control and Turf Establishment amendment
Ord.CC . . . . . . . . . . . . . . 33
August 2010 Financial Report
August Memo . . . . . . 36
August Report. . . . . . 40
Approve Beer License - Ugly Mug
Ugly Mug Beer License . . 44
Approve Bills
List of Bills. . . . . . . . . 45
Adopt Resolution - Amending Schwiness Retail Center
(Farmington Marketplace) Planned Unit Development
Agreement - Planning
PUD Amendment memo Schwiness Farmington
Marketplace. . . . , . . . . . . . . . . . . . . . . 65
PUD amendment resolution. , . . . . . . . , . . . 69
SCHWINESS PUD Amendment Number One (2). . 71
schwiness pud21 . . . , , , . . . . . .74
schwiness21. . . . . . . . . . . , . , . 83
Approve Purchase of Playground Equipment
memo . . . 85
drawings. . . . . . . . . . . . . 87
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Approve Memorandum of Understanding with DARTS
memo. . . . . . . . . . . . . . .
MOU. . . . . . . . . . . . . . . .
Adopt Ordinances - Utility Franchise Fees
Franchise Fees Memo. . . . . .
MN Energy Franchise Fee Ord . .
Dakota Electric Franchise Ord. . .
Dakota Electric Franchise Fee Ord .
Xcel Energy Franchise Ord . . .
Xcel Energy Franchise Fee Ord.
Ordinance Summary. . . . .
Neighborhood Tornado Recognition
E-mail . . . . . . . . . . . .
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7a...
COUNCIL MINUTES
REGULAR
September 7, 2010
1. CALL TO ORDER
The meeting was called to order by Mayor Larson at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Larson led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Audience:
Larson, Donnelly, Fogarty, Wilson
May
Andrea Poehler, City Attorney; Peter Herlofsky, City
Administrator; Teresa Walters, Finance Director; Randy Distad,
Parks and Recreation Director; Kevin Schorzman, City Engineer;
Lisa Shadick, Administrative Services Director; Cynthia Muller,
Executive Assistant
Beve Preece, Mike Barnet, Russell Hatten, Bob Erickson, Bruce
Rydeen, Sue & Brian Miller, Rosemary Swedin, Charlie Weber,
Dave McMillen, Jerry Ristow, David Pritzlaff
4. APPROVE AGENDA
Mayor Larson added item 71) Change Order #1 Pilot Knob Trail Extension Project to the
Consent Agenda.
MOTION by Wilson, second by Fogarty to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
Mr. Russell Hatten, 1241 Willow Trail, stated several years ago there was a smoking ban
in restaurants. Now there are patios outside where people smoke. His concern was that
the Council allows the businesses to break the law by playing extremely loud music and
late into the night. He strongly objects to this. He has been told the permit is unti112:00
a.m., but they play unti11 :00 a.m. He was referring to the American Legion. The bands
play too loud and too long. A few weeks ago he called the police at 12:15 a.m. and asked
why they were still playing. The officer went there and called Mr. Hatten back at 12:20
a.m. The officer said they will shut down at 12:20 a.m. and laughed about it. A half hour
later they were shooting extremely loud frreworks in the air. In his neighborhood there
are 150 townhouses and 50 homes. That is 200 homes immediately behind the American
Legion. Most of the people do not like the loud Saturday night music. He has friends
that live by the cul-de-sac on the south end of town and they also hear it. He would like
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Council Minutes (Regular)
September 7, 2010
Page 2
the City to stop giving the Legion a permit. If they want the noise, keep it inside as they
did a few years ago. Mayor Larson stated they will have the Police Chief check into this
and make sure they stay below the decibel levels. Mr. Hatten stated he talked to the
Police Chief and he said there was nothing they could do because the Council gave them
a permit and he should talk to the Council.
Mr. Mike Barnet, Pastor at New Heights Christian Fellowship, 501 Walnut Street, their
church is between 5th Street and 6th Street on Walnut that has been buried behind dirt and
big equipment the last four months. They want to celebrate the completion of this
massive project so people can drive to their church again. They will be having a
community block party with a fair and crafts. They will raise money for the food shelf
and encourage people to bring donations for the food shelf. There will also be games and
entertainment for the kids, a bake sale, and live music. This is a community block party
to celebrate the road opening again. This will be held October 2,2010.
Mr. Bob Erickson, 18224 Justice Way, expressed his appreciation on behalf of his
daughter for the excellent follow-up on the tornado clean-up. The clean-up was well
planned and thought out. The dumpsters were an excellent idea, the public works staff
was following up within 72 hours picking up debris. This motivated the neighborhood.
The repairs are ongoing, but when you have a natural disaster it is always good to have
the community behind you. Not often enough does staff receive thanks for the work they
do and they did a remarkable job. Even the website told people the rules of clean-up.
Everything was in place and it was done timely and efficiently. Mayor Larson also
thanked staff for the great job they did. They are hearing this from residents all over the
City.
7. CONSENT AGENDA
MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows:
a) Approved Council Minutes (8/16/10 Regular) (8/23/10 Workshop)
b) Approved Firefighter Training Grant - Fire Department
c) Approved School and Conference - Fire Department
d) Approved School and Conference - Fire Department
e) Approved 2010 WHEP Contract - Natural Resources
f) Acknowledged Retirement Municipal Services - Human Resources
g) Acknowledged Retirement Fire Department - Human Resources
h) Approved Appointment Recommendation Liquor Operations - Human Resources
i) Adopted RESOLUTION R49-10 Accepting Fitness Equipment Donation
Rambling River Center - Parks and Recreation
j) Approved School and Conference - Planning
k) Approved Bills
I) Approved Change Order #1 Pilot Knob Road Trail Extension Project-
Engineering
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
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Council Minutes (Regular)
September 7, 2010
Page 3
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Ordinance - Defining Warehouse Retail and Conditionally Allowing
Warehouse Retail in the IP Zone - Planning
Mr. Doug Vinge, owner of the property at 21025 Eaton Avenue in the Industrial
Park, has a proposal from NAP A Auto Parts to locate a distribution/retail center in
a portion of his building. The property is currently zoned IP where warehousing
is a permitted use, but retail is not. Staff is proposing to amend the ordinance to
defme a new use within the IP district for warehouse/retail. The defmition is:
"A facility used for the conduct of a business that invo lves the storage and
distribution of goods or merchandise from the premises that also contains a retail
component that comprises less than 30% of the total floor area occupied. No
outdoor display or storage is allowed with this use."
Staff is also recommending allowing this as a conditional use in the IP district.
This will allow the Planning Commission to review the interior site plan to
confrrm the 30% requirement is met. MOTION by Fogarty, second by Donnelly
to adopt ORDINANCE 010-626, amending sections 10-2-1 and 10-5-21 defming
Warehouse Retail and conditionally allowing Warehouse Retail in the IP Zone.
APIF, MOTION CARRIED.
b) Approve Agreement Installation Slop Sink Ice Arena Project - Parks and
Recreation
Staff is requesting approval to hire a contractor to install a slop sink in the Ice
Arena. This change order was not approved in June and directed staff to contact
Farmington Youth Hockey Association regarding doing the work. The FYHA did
not have any members interested in doing the work. Staff contacted six local
plumbers and three quotes were received. The low quote was received from
Performance Plumbing and Heating in the amount of $960. The contingency
amount remaining for the project is $37,788.95.
Councilmember Fogarty noted $104 of the bid was for a permit. Parks and
Recreation Director Distad stated the fee will be less as the City only pays the
State surcharge. CounciImember Wilson stated this worked out well to use a local
contractor. He asked if the City has the ability to carve out items from projects
and direct the work be done locally. City Attorney Poehler agreed this process
was fine. MOTION by Fogarty, second by Wilson to approve the agreement
with Performance Plumbing and Heating for completing the installation of the
slop sink at the Schmitz-Maki Arena. Voting for: Larson, Fogarty, Wilson.
Abstain: Donnelly. MOTION CARRIED.
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Council Minutes (Regular)
September 7, 2010
Page 4
c) Approve Artwork Display Policy Rambling River Center - Parks and
Recreation
There have been requests to display artwork at the Rambling River Center. Staff
presented a policy that provides the following direction:
- the criteria to be met before the artwork will be given approval to be displayed
- the process used in selecting artwork to be displayed
- the length oftime artwork can be displayed
- the location of where the artwork will be displayed
- states there is no fmancial compensation in exchange for the Rambling River
Center displaying the artwork
- identifies the different types of artwork allowed to be displayed in the Rambling
River Center
CounciImember Fogarty noted artwork exceeding $100 in value will not be
allowed. She asked if that was for vandalism or liability and how is that
determined. Staff explained the artist will be asked to identify a value. Artwork
should be at a lesser value as the building is open to various groups after hours.
Councilmember Wilson asked how religious artwork will be determined. Staff
explained they are trying to get away from artwork that is pushing a specific
religious belief or theme. CounciImember Wilson asked about a painting of a
Christmas tree and would that be banned. City Attorney Poehler stated this policy
will be a work in progress. As those issues come up, it may get more defmed. If
a Christmas tree is not the overriding theme of the picture that should not be an
issue. Mayor Larson suggested dealing with it if complaints are received. City
Attorney Poehler noted courts have said that Christmas trees are no longer a
religious symbol and are more generic to the season. MOTION by Fogarty,
second by Wilson to approve the Artwork Display Policy for the Rambling River
Center. APIF, MOTION CARRIED.
d) Approve Agreement Depot Way Arts Park Concrete Sidewalk Project-
Parks and Recreation
The brick paver sidewalk in the Depot Way Arts Park has deteriorated to a point
where it needs to be replaced. Staff obtained six quotes. The low quote of
$11,548.50 was received from Minnesota State Curb and Gutter, Apple Valley.
This includes removal of existing pavers, 4 inch concrete sidewalk, 6 inch
concrete pedestrian ramp, and truncated dome panels. MOTION by Fogarty,
second by Donnelly to approve the agreement with Minnesota State Curb and
Gutter for the Depot Way Arts Park Concrete Sidewalk Project. APIF,
MOTION CARRIED.
e) Adopt Resolution - Approve Development Contract Riverbend 3rd Addition -
Engineering
The plat for the Riverbend 3rd Addition was approved at the August 16, 2010,
meeting. Conditions of the Development Contract include:
- the Developer enter into this agreement
- the Developer provide the necessary security outlined in the agreement
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Council Minutes (Regular)
September 7, 2010
Page 5
- the Developer pays the identified development fees in ful~ of $173, 194 prior to
the City signing the contract
- the Developer record the plat and the deeds for Outlots A, C and F, prior to the
City signing the Development Contract.
MOTION by Wilson, second by Donnelly to adopt RESOLUTION R50-10
approving the execution of the Riverbend 3rd Addition Development Contract and
authorize its signing contingent upon the above conditions and final approval by
the Engineering Division. APIF, MOTION CARRIED.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a) Adopt Resolution - Approve 2011 Preliminary Tax Levy and Budget -
Finance
The City is required to adopt a preliminary levy before September 15. At the
August 23, 2010, workshop, Council gave direction to reduce the general fund
budget by $400,000. Staff presented items totaling this reduction.
CounciImember Fogarty felt there was a lot of discussion that needs to happen
with the budget reductions. There are certain things that she will not approve
such as closing the warming houses. Council asked for a resolution with a dollar
amount that is presented and she was comfortable passing that resolution.
Council and staffhave a great deal of work to do on where those reductions will
come from. She appreciated staff only had two weeks to work with the numbers.
She felt a workshop was the appropriate place to go through the items line by line.
CounciImember Wilson felt the discussion at the workshop and this document are
two different things. Mayor Larson added not even close. CounciImember
Wilson appreciated the work staffhas done, but for example, there is a $130,000
item with staff'mg considerations. He agreed with discussing this in more detail in
a workshop. CounciImember Wilson felt Council had a good discussion and
came to a good decision with the $400,000 reduction. The cuts that are outlined,
which are part of the 4% Council requested, seem arbitrarily directed at residents
and potentially at Council with no packets being printed. He did not have money
to purchase a laptop and did not have a printer. He did not see any consideration
noting his recommendation to reduce Council stipends to what they were two
years ago. This needs to be discussed again. He asked if staff established the
start-up costs for the Deputy Registrar. City Administrator Herlofsky stated he
has been working on a budget with Human Resources Director Wendlandt and
projecting costs and revenues. Staff hoped to have something ready by the next
meeting. Councilmember Wilson felt Council could have gotten a sense of that
prior to today. In the discussions it would be interesting to determine what
capacity the EDA has with dealing with those start-up costs and if this could be a
function of the EDA. Councilmember Wilson agreed we need to go through this
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Council Minutes (Regular)
September 7, 2010
Page 6
line by line. He does want to see a $500,000 reduction. He realized there is a
memo stating another $100,000 reduction. He will be looking for $500,000 prior
to a fmal vote in December. He trusted staffwill be working with Council to
come to a point where we can agree on that. Another item to check on is the
$54,000 for a squad car. Staff clarified this is for two squad cars.
Councilmember Wilson wanted to know the implications of holding off for one
year. City Administrator Herlofsky stated all these items have been discussed
with department heads. There is a memo with reductions for another $100,000.
Councilmember Wilson felt the document does not reflect the discussion at the
workshop, but appreciated the effort put into it.
Councilmember Donnelly stated he does not totally agree with Councilmember
Wilson. Council asked staff to cut $400,000, and perhaps not the way you wanted
it done, but he wanted to point out some major things. There is $254,000, almost
4.5%, was cut from the general fund; the debt service increased by 27,5%,
$562,000; we lost $65,000 in market value homestead credit; the Fire Relief levy
went down by $64,000; Police salaries went up 3.5%; because ofthe market,
investment income went down by $32,000; and on the plus side we have more
building permit revenue and the fiscal disparities went up by $234,000. The big
thing is the $562,000 of levy increase we need to make the bond payments.
Revenues are going down and the bond payments are going up. He appreciated
the work that was done on this. We will discuss the details further. This gives us
the outline and there are some staffmg reductions built in, which is tough, and he
appreciated that also. He was not surprised by this, but staff did what they were
asked to do.
Mayor Larson stated the $562,000 extra in bond payments is no fault of the City.
It was due to a developer and a land owner disagreeing and taking the land to
court. The land was tied up during the prime years of development. When they
settled and the land could be sold, we were in a recession. When the project was
set up, everyone thought that within five years there would be more than two
buildings on the property. Because of the lawsuit and the recession that did not
happen. The City is now responsible for $562,000. As far as the budget, he
agreed with the $400,000. He does not agree with a lot of how we got there.
When he looks at this document and the minutes from the workshop he wondered
if we were all at the same meeting. There is a point of diminishing return and he
wondered ifwe were not there in the document presented to Council. It almost
looks like the City is getting set up to fail with how tight everything is. Some of
the cuts are not reasonable and are not realistic and that does concern him. He is
also concerned with the loss of five frrefighters. At meetings the Fire Chief said
he could live with the reduction of two members and still run the department. A
five member reduction concerns the Mayor and the Fire Chief. Finance Director
Walters stated the two members were part ofthe 2% and the 4% includes five
members. Mayor Larson stated he wants that department to be able to put out a
frre. That is public safety and he wants to look at that. There will be a discussion
at a workshop to get closer to Council's thoughts.
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Council Minutes (Regular)
September 7, 2010
Page 7
Councilmember Wilson noted he also had a concern with the Fire Department.
He felt Council would prioritize public safety near the top. That is where we can
discuss some tradeoffs and things that are the highest priority for residents. He
noted the $400,000 is a reduction off the originally proposed number.
Mr. David Pritzlaff, 20255 Akin Road, agreed that at the workshop there were
items mentioned as far as cuts to reach the $400,000 and $500,000 reductions.
The majority of Council directed staff to get there through cuts of personnel. At
the workshop it was stated re-organization of management and the Economic
Development Specialist position. There were positions to be looked at as cuts
which have a big dollar amount. Other than the five frrefighters, the $400,000 in
cuts that are shown are basically nothing more than the fat that has been in this
budget all along. There are certain parts saving $1,000 in water consumption and
trash, Kleenex and toilet paper being donated are pennies and that is not what was
talked about at the workshop. This Council clearly gave Administration direction
of how they wanted to see these cuts and you did not get those. At the workshop
Councilmember Fogarty wanted to set a policy as far as bond payments so this
situation does not happen again. Mr. Pritzlaff asked how do we set a policy and
direction and it is not followed. The next item was reducing positions to reach the
$500,000 reduction. Everything that is proposed for the frrst $400,000 has
nothing to do with personnel cuts; it is the fat of the budget that should have been
taken off months ago and saved a lot oftime in the budget meetings. Council did
ask for a lean budget to start with, Seeing how easy it was to cut $400,000 from
the fat of this budget, there has been a lot oftime wasted.
Councilmember Fogarty stated two positions were cut in the reductions that were
presented. She did not like hearing someone say there is fat in the budget. There
has never been fat in our budget. This City runs very lean. She was talking to a
Councilmember from Crookston who has a staff similar to ours and their City is
only 8,000 people. That should be very reflective of how lean Farmington runs.
She respectfully disagreed with Mr. Pritzlaff's comments that we are reducing fat
from the budget.
Mr. Pritzlaffasked how can we slash $450 in office supplies, reduce water
consumption and trash by $1,000, Ifwe weren't already doing this, why throw
$1,000 towards that now. When you can shave $1,000 off water and trash, that
should be an everyday occurrence no matter what. He respectfully disagreed that
there was not fat cut in the budget. As far as the two positions in the reductions,
that was not the direction ofthe majority of Council at the workshop. Mayor
Larson commented that is what he meant by the diminishing return; he was not
sure we can cut $1,000 so he wants an explanation on how we can do that. The
$1,000 is just a number. Mr. Pritzlaff stated these are projections and each year
you have to readjust the budget at the end of the year. If these savings all down
the line are not met, and you only save $200,000, at the end ofthe year you have a
$200,000 reduction rather than $400,000. If you do it like the majority of Council
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Council Minutes (Regular)
September 7, 2010
Page 8
directed and took staff from higher levels, it would be automatic. You would save
staff salaries. Mr. Pritzlaff noted the memo states all employees that are
dismissed are eligible for unemployment paid by the City directly. That is a
fraction ofthe wage. At $100,000/person you top out at $580/week for
unemployment. For a $70,000 position you would pay $30,000 in
unemployment, but you are saving $40,000. It is a scare tactic to not get rid of a
position because you will have to pay unemployment.
MOTION by Fogarty, second by Wilson to adopt RESOLUTION R51-10 to
approve the 2011 preliminary budget with a preliminary tax levy increase of
3.73% and set the Truth-in-Taxation hearing for December 6, 2010 at 7:00 p.m.
APIF, MOTION CARRIED.
b) 2011 Budget Additional Reductions - Administration
City Administrator Herlofsky stated this is a follow-up for further reductions and
from the previous discussion it sounds like Council would like to look at those
options.
Mr. David Pritzlaff, 20255 Akin Road, noted the memo states Council has
requested items that would reduce the budget by another $100,000 for a total of
$500,000. The list includes eliminate the Economic Development Specialist
position, management re-organization and do with less management, a furlough,
or change weekly hours to four 9-hour days. Mr. Pritzlaff stated this is done in
the summer for building permits, etc. Now we want to close City Hall for a full
day. That will prevent people from bringing in revenue. There is more in the
upper management and personnel levels that need to be cut fmancially for the
City because you have not only the salaries, but also the benefIts. Regarding the
Deputy Registrar, when the contract was approved Mr. Pritzlaffbrought up the
start-up costs for this item. He stated for us to go this far into the budget and not
have a start-up cost is ridiculous. Those numbers should have been brought to
Council by now. The revenue and start-up costs will not break even in a short
enough period of time for Council to do this. He was appalled that Council did
not have those numbers by now.
13. COUNCIL ROUNDTABLE
a) Yellow Ribbon Event, September 22
There will be a special event on September 22, to celebrate Farmington being the
frrst Yellow Ribbon City in Minnesota. Council has been provided with a
tentative agenda. The event will be at Boeckman Middle School with events
throughout the day. Mayor Larson noted the morning session is limited seating
and by invitation only. As many Councilmembers as possible should attend the
afternoon session.
Councilmember Wilson: Asked about setting a date for the next budget workshop.
Council set the workshop for September 13, 2010, at 7:00 p.m.
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Council Minutes (Regular)
September 7, 2010
Page 9
Councilmember Fogarty: Reminded everyone school started today and be careful
when driving.
She received an e-mail from Kris Akin with the Farmington Food Shelf. They need help
tomorrow morning to unload pallets of food. She also read a list of items needed at the
food shelf.
In the next couple months, she would like Council to discuss composition of a Teen
Board and a Tree Board and place it on an October agenda. Mayor Larson noted the Tree
Board has been presented to serve as the Tree Board. The Planning Commission would
like to meet with the Council on this.
City Administrator Herlo/sky: Regarding the budget preparation, every effort was
made to go through the budget. When people talk about fat in the budget, we budget as
best we can with each department trying to determine what is the best and worst that can
happen. We have trimmed every bit of extra. Any extra is passed over to the next year.
It is a positive way to increase the fund balance. We have gotten everyone down to bare
bones. One thing we have to consider is, earlier staff was congratulated for the way they
handled the tornado clean-up. Council has been informed with costs associated with that.
Because the budget has contingencies we are able to cover those costs. There was
another community that had a storm and they could not pick up the trees. With the
excellent City employees who work very hard and cooperation between departments
everything was taken care of. When you trim the budget, you are trimming that little
extra. He took responsibility for items Council felt were not what they directed, but
sometimes we are looking further on. If someone eliminates a position we have to look
at how to staff the area it supported and whether the work will also go away or just the
position. We are trying to make adjustments and we have an opportunity next week to
make those corrections.
Finance Director Walters: This was not easy to cut $400,000 from the budget,
Numerous hours were spent with department heads trying to determine where to cut.
With a lot of that we may have to come back and say we need this because we don't
know what will happen. It was difficult and very time consuming. She clarified for
September 13, Council wants to see the $500,000 or revise the $400,000.
Councilmember Wilson stated regarding the start-up costs for the Deputy Registrar, we
do need to have that information, and see what $500,000 would look like. If that cannot
be done by Monday, then we have to look at a different date. City Administrator
Herlofsky suggested at the workshop to go through the detail list that has been provided
and determine what Council does not want reduced to frrm up the $400,000. The second
memo gives other options and we should determine what options we want to take.
City Engineer Schorzman: On September 22, Dakota County is hosting an open house
to discuss the updates to their transportation plan for the overall update of the Comp Plan.
Staff has been working with the County on updates to the transportation plan and they
have added some things into the plan the City has been asking about for years.
13
Council Minutes (Regular)
September 7, 2010
Page 10
Mayor Larson: He met with Glen Anderson regarding Farmington Heart
Restart and they are looking for trainers. You do not need to be in the medical field and
it takes 40 minutes to become a trainer. The trainers would take the information to
various groups and organizations to get as many people trained in Heart Restart as
possible. They will also be at the open house for Fire Station 2 on October 7.
He asked everyone to shop locally. Residents should check Twitter or Nixie for City
notices.
14. ADJOURN
MOTION by Fogarty, second by Wilson to adjourn at 8:11 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
Cynthia Muller
Executive Assistant
14
76
,/'\Mj"'~
'W
li."j ~ .
Ill'" au !
. -; . e '
\'\ . <i"
" ~..... A ...'13(/;;'
City of Farmington
430 Third Street
Farmington, Minnesota
651.4617111 . Fax 651.463.2591
w\....w.ci.f,mniu!:,'1..m.nm.LL..
TO: Mayor, Councilmembers, City Administrator
FROM: Kevin Schorzman, P.E., City Engineer
SUBJECT: School and Conference
DATE: September 20, 2010
INTRODUCTION
The University of Minnesota Water Resources Center offers the annual Minnesota Water
Resources Conference.
DISCUSSION
The Minnesota Water Resources Conference is being held this year in St. Paul on October 19th
and 20th. The conference provides an opportunity for staff to keep up-to-date on a variety of
issues related to storm water. In addition to general sessions, the conference offers six
concurrent sessions with each session having four topics to choose from. The topics include
storm water best management practices (BMP's), surface water management, water resource
policy, sediment loading, agriculture and water quality, policy and permitting, ground and
surface water interaction, and monitoring.
BUDGET IMPACT
The cost for early registration for this conference (prior to October 5th) is $230.00. Funding for
this conference is included in the 2010 budget for NPDES and the Storm Water fund. The total
budget impact will be $460.00.
ACTION REOUESTED
Approve Kevin Schorzman & Jennifer Dullum's attendance at the Minnesota Water Resources
Conference.
Respectfully Submitted,
Kevin Schorzman, P.E.,
City Engineer
15
7e
City of Farmington
430 Third Street
l'armington, Minnesota.
651.280.6800. Fax 651.280,6899
www.ci.mrmingtun.mn.LL.l
TO: Mayor, Council Members, and City Administrator
FROM: Teresa Walters
SUBJECT: MnGFOA Conference
DATE: September 20,2010
INTRODUCTION:
I would like to attend the Minnesota Government Finance Officers Association (MNGFOA)
conference in Alexandria on September 22,2010.
DISCUSSION:
Every year the Minnesota Government Finance Officers Association holds a conference in
Alexandria, MN. This year's conference is from Wednesday, September 22nd through Friday
September 24th. The conference gives Finance Directors the opportunity to fmd out the details
on various changes in mandates, pronouncements, and Government Accounting Standard Board
(GASB) regulations. Topics include GASB 51 and 54 updates, Budget and CAFR reporting,
Long-term planning, internal controls, legislative update, economic update, investments, and tax
increment fmancing. The conference also gives us the opportunity to network and discuss cost-
saving ideas implemented in various cities.
BUDGET IMPACT:
The cost of the conference is $250. The special hotel rate for attendees is $106 per night (for 2
nights). Mileage is $163. All meals are included in the conference price. Since the previous
fmance director also attended this conference annually, this conference is included in the 2010
Budget.
ACTION REQUESTED:
Approve Finance Director's request to attend this training conference.
Respectfully submitted,
Teresa Walters
Finance Director
16
7d
City of Farmington
430 Third Street
l'armingtoll, ,r...1inncsota
651.280.6800. Fax 651.280.6899
W\....w.ci,fdrmingttm.mn.LL..
TO: Mayor and Councilmembers
FROM: Peter J. Herlofsky, Jr.
City Administrator
SUBJECT: Game Ice Rental Agreement
DATE: September 20, 2010
INTRODUCTION I DISCUSSION
Attached is a Farmington High School Game Ice Rental Agreement for the 2010-2011 school
year. The School Board approved this agreement at a recent meeting. The agreement states the
school district will pay the City $325/hour for games, and the School District will receive 100%
of the game receipts.
ACTION REOUESTED
Approve the Farmington High School Game Ice Rental Agreement.
Respectfully submitted,
Peter J. Herlofsky, Jr.
City Administrator
Cmuller/Herlofsky/Council memos/Game Ice Rental Agreement 9-20-10
17
City of Farmington
430 Third Street
FarmingtOTI, Minnesota
651.280.6800. Fax 65 1.2 R0.6R99
w~'W.cl.farnJ.i.n.gton.mn,us
FARNUNGTONBIGHSCHOOL GAME ICE RENTAL AGREEMENT
Independent School District No. 192 (School District) and the City of Farmington (City) agree as follows:
This Agreement covers the 2010-2011 school year.
The School District hereby agrees to pay to the City $325 an hour for Farmington High School varsity
and junior varsity games. Since the School District is tax exempt no taxes will be charged. The City
agrees to forward to the School District 100% of the gross ticket proceeds from Farmington High School
hockey games.
In consideration of being allowed to use the Schmitz-Maki Arena (Arena), the School District, for itself
and each of its members, hereby voluntarily assumes all risks of accident or damage to its property and to
any person and property of said members and hereby releases and agrees to defend and indemnify the
City, its officers and employees from every claim, liability or demand of any kind for or on account of
any personal injury or damage of any kind sustained by it and each one of its members or guests, whether
caused by negligence by the City, its officers or employees. The parties agree that the release, defense,
and indemnification obligations of this Agreement are intended to be as broad and inclusive as is
permitted by the laws of Minnesota. If any portion thereof is held invalid, it is further agreed that the
balance shall, notwithstanding, continue in full legal force and effect. Further, the School District agrees
that it and its members and guests using the Arena shall abide by all rules and regulations from time to
time in effect governing the use thereof.
It is understood that the City and the School District each reserves the right (1) to cancel this Agreement
for any default by either party in terms of this Agreement and (2) to reschedule the dates or times of
permitted use of said facilities on 20 days written notice.
In the event of mechanical failure of the Arena's equipment, the School District shall be notified by the
Arena staffas soon as possible. The condition of the ice sheet becomes the responsibility of the Arena
staff. Prepaid fees for hours canceled due to mechanical failure shall be reimbursed to the School District.
The School District shall receive a refund of the amount owed for ice rental when the following
conditions apply:
1. When the School District has declared school closed due to inclement weather or other emergency
condition, Act of God/Force Majeure.
2. When the Minnesota State High School League curtails all practice times for any reason.
Pherlofsky/Parks & Recl2010/High School Game Ice Rental Agreement 8 3010
18
All invoices or refunds due to the School District under this Agreement shall be sent directly to the
School District's Business Office.
The City shall provide and pay for the following:
· Admission personnel
· Concession personnel
. One (1) scoreboard operator
· One (1) announcer
The School District shall provide and pay for the following:
· First-aid personnel
· Game referees
· Goal judges when deemed necessary by the Athletic Director
The School District shall be responsible for notifying their opponents of the game schedule and fees set
forth by the City for the Arena.
FARMINGTON SCHOOL DISTRICT
ISD #192
CITY OF FARMINGTON, a
Minnesota Municipal Corporation
By: Brad Meeks
Its: Superintendent
By: Todd Larson
Its: Mayor
By: Peter J. Herlofsky, Jr.
Its: City Administrator
Pherlofsky/Parks & Recl2010/High School Game Ice Rental Agreement 830 10
19
7~
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
w\....w.ci.mrmington.nm.LL..
TO:
Mayor, Council Members, and City Administrator
FROM:
Todd Reiten, Director of Municipal Services
SUBJECT: Hydrant Flushing
DATE:
Septernber20ili,2010
Introduction
The City of Farmington's Municipal Services will be flushing hydrants during the weeks of;
. October 4ili - October 8ili (Hydrants north ofHWY 50 and west of railroad tracks)
· October llili - October 15ili (Hydrants in the remaining areas, downtown and east of
tracks)
Flushinl! oneration
Hydrant flushing is done twice a year in the spring and fall. Hydrant flushing is done to check
frre hydrants and flush out any accumulated rust. Rusty water is expected during the flushing
process. To avoid getting rust on clothing residents should avoid doing laundry during hydrant
flushing dates. If laundry stains occur, keep the discolored items damp and pick-up a bottle of
rust remover at the City Hall or Maintenance Facility. A map outlining the tentative schedule is
available on the city website,
Action Reauested
This memo is for information only and meant for possible calls the Mayor or City Council may
receive during the hydrant flushing procedure.
Respectfully submitted,
Todd Reiten
Director of Municipal Services
20
7F
City of Farmington
430 Third Street
Farmington, l\.1inncsota
651.280.6800. Fax 651.280.6899
www.ci.rdrmingttm.nm.LL.I
TO: Mayor, Councilmembers and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Adopt Resolution Accepting Donation to the Rambling River Center
DATE: September 20,2010
INTRODUCTION
A donation was recently received by the Rambling River Center that included the purchase and
installation of a motion detector light by the northeast parking lot door.
DISCUSSION
The Coffee Club, which is a program ofthe Rambling River Center, raised funds to purchase a
motion detector light for the entrance door located by the northeast parking lot. This area had
inadequate lighting, causing this area to be quite dark in the evening. Helm Electric in Lakeville
was then contacted about installing the light and agreed to donate their time and materials to
install the light.
Staffwill communicate the City's appreciation on behalf of the Council to Coffee Club members
and to Helm Electric for their donations to this lighting improvement.
ACTION REOUESTED
Adopt the attached resolution accepting the donation of the motion detector light from the Coffee
Club and its installation by Helm Electric.
Respectfully Submitted,
Randy Distad
Parks and Recreation Director
21
RESOLUTION No. R52-10
ACCEPT DONATION OF A MOTION DETECTOR LIGHT FROM COFFEE
CLUB MEMBERS AND INST ALLA TION OF THE MOTION DETECTOR
LIGHT BY HELM ELECTRIC, INC.
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the 20th
day of September, 2010 at 7:00 p.m,
Members Present: Larson, Donnelly, Fogarty, May, Wilson
Members Absent: None
Member Wilson introduced and Member Fogarty seconded the following:
WHEREAS, Coffee Club members raised funds in the amount of $100.32 to purchase a
motion detector light for the Rambling River Center; and,
WHEREAS, Helm Electric donated time and materials for the installation of the motion
detector light at a value of$125.00; and,
WHEREAS, it is required by State Statute and in the best interest of the City to accept
such donations,
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts
with gratitude the generous donations of the motion detector light from Coffee Club
members and the installation of the motion detector light by Helm Electric.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 20th day of September, 2010,
~~-
Mayor
Attested to the~ l1~ay of September 2010.
SEAL
3r
City of Farmington
430 Third Street
I-armington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.f<lrmingttm.mn.LL.l
TO:
Mayor, Council Members, City Administrator
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
Adopt Ordinance Amending Section 10-6-28 (Downtown Commercial
Overlay District Design Standards) Regarding Screening and Fencing
DATE:
September 20, 2010
INTRODUCTION
Attached for Council's consideration is an ordinance amending Section 10-6-28 (Downtown
Commercial Overlay District Design Standards) as it relates to screening and fencing.
DISCUSSION
The Downtown Commercial Overlay District was established and design standards implemented
in 2009. Currently, the design standards only vaguely mention fencing in the Screening
requirements section, which is listed below:
(I) Screening:
I. Screening of service yards, refuse, and waste removal areas, loading docks, truck
parking areas and other areas which tend to be unsightly shall be accomplished by
the use of walls, fencing, dense planting, or any combination of these elements.
Screening shall block views from public rights of way, private street and off street
parking areas, and shall be equally effective in winter and summer. Chainlink and
slatted fencing are prohibited.
It is staff's intent with the drafted ordinance to add more specificity on types and heights of new
fencing allowed for commercial properties in the overlay zone. Generally, the proposed
amendment includes the following:
1. Adding language to allow fences up to eight (8') feet in height if used for screening
purposes provided a building permit has been approved through the Building Inspections
Department.
2. Adding language regarding all other non screening fences (Decorative Fencing).
Discussing height, location and acceptable material for decorative fencing.
3. Adding language for fence maintenance.
4. Adding language that no fence shall be attached to a historic landmark building or
structure.
23
Planning Commission Review
The Planning Commission held a public hearing on this matter on September 14, 2010 and
recommended approval ofthe attached ordinance with a vote of 4-0.
ACTION REOUESTED
Adopt the attached ordinance amending Section 10-6-28 of the zoning code.
Respectfully submitted,
Tony Wippler, Assistant City Planner
24
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 010-627
AN ORDINANCE AMENDING SECTION 10-6-28 OF THE
ZONING CODE CONCERNING THE DOWNTOWN COMMERCIAL
OVERLAY DISTRICT DESIGN STANDARDS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 10-6-28 is amended by adding the underlined language below as
follows:
10-6-28: DOWNTOWN COMMERCIAL OVERLAY DISTRICT DESIGN
STANDARDS:
(A) Purpose: The purpose of this section is to establish design standards pertaining to the
commercial buildings in the downtown commercial district. The design standards are
intended to do the following:
1, Encourage integrated site planning to create a cohesive, sustainable built
environment.
2. Maintain and reinforce "small town" and "main street" architectural traditions.
3. Encourage an active, walkable, pedestrian environment,
4, Maintain the character of historic buildings.
5, Unify and articulate building facades,
6, Place a strong visual emphasis on streetscapes,
7, Require new construction to be compatible with existing buildings,
8. Provide for the compatible integration of commercial and residential uses located
on the edge of the downtown commercial district.
9, Encourage replacement or remodeling of architecturally incompatible buildings.
10, Adaptively reuse older buildings that contribute to the district's sense oftime and
place.
11. Encourage the dev,elopment of pocket parks, gardens, plazas, and courtyards for
public use, '
12, Establish well defined transitions (mixed use buildings) between the downtown
and adjacent neighborhoods,
(B) Overlay District Boundary: The downtown commercial overlay district (DC) is
described as the property located south of the Vermillion River, west of 4th Street,
north of Walnut Street and east of 1 st Street.
(C) Process: The downtown commercial overlay district design standards will be
administered through the site plan process in section 10-6-23 of this chapter and, if
required under the design review process in section 2-11-5 of this code.
(D) Applicability: All new construction and renovations or additions of existing
commercial structures in the DC district will be required to meet the standards in this
chapter, unless otherwise provided, Projects exempt from meeting the standards are
those commercial buildings that are comprised of any of the following project types:
1. Interior remodels;
2. Buildings used solely for residential purposes;
3. Normal or routine maintenance and repair of existing structures;
4, Construction that does not require a building permit.
(E) Building Material And Design:
1, In the case of new construction, renovations, or additions, seventy percent (70%) or
more of the total surface area of exterior walls exposed to public view shall consist of
a mixture of two (2) or more of the predominant downtown finish materials (clay,
brick, stucco, natural stone, ornamental concrete; except for portions of exterior walls
not visible from the public viewshed), Extruded metal storefront framing may be used
only on window or door frames.
2. Transparent glass must comprise a minimum of fifty percent (50%) (but shall not
exceed 75 percent) of the total wall area of the first floor elevation on the primary
facade; transparent glass or facade openings shall comprise a minimum of twenty
percent (20%) (but shall not exceed 50 percent) of the total wall area on the upper
floor elevation of any street facade; upper story windows will be vertically
proportioned and have the visual appearance of traditional double hung sash,
3, Blank, windowless walls shall be avoided wherever possible.
4. Exterior walls shall not be covered with metal panels, EIFS (exterior insulation and
fInish system), vinyl siding, faux half timbering, logs, shakes, shingles, exposed
aggregate, or poured in place concrete.
5. Preassembled clay brick panels, artificial stucco, decorative precast units resembling
stone, and other modem materials may be used that similarly match the appearance of
historic materials.
6. Standardized corporate or "trademark" commercial building types shall be
constructed to meet the architectural style of the downtown, which includes building
materials, glass, color, and signage.
7. The ground or street level of a building shall be visually distinguished from the upper
level(s) through the use of colors and/or building materials.
8, Imitation of historical styles shall be encouraged in new construction and renovation
of existing buildings; references to historic architectural styles and periods will be
interpreted in a contemporary manner; new and renovated buildings shall reinforce
and not compete with heritage landmark properties,
9, New commercial buildings shall solidify the relationship between old and new
buildings and support a human scaled, street oriented downtown environment. InfIll
construction on side streets shall be designed with architectural features such as brick
facades.
10. The massing and bulk of new buildings shall be mitigated by varied massing and
proper articulation of street facades, Large "big box" commercial buildings shall be
designed to appear as multiple storefronts by breaking the facade into smaller bays of
twenty feet (20') in width in order to maintain a pattern integrated with and similar to
surrounding buildings.
11. The size, scale, massing, and facade materials of new construction will complement
the architectural character of existing historic buildings identified as heritage
landmarks.
12. Corner buildings shall be designed with two (2) street facades and a main entrance
on both sides,
13, The maximum height of new construction shall be forty five feet (45').
14, Rooflines shall be flat or gently sloping,
f"
(F) Awnings/Canopies:
1. Where Allowed: Awnings/canopies shall be allowed over the fIrst floor windows
and along the frontage of all building entrances,
2, Projection; Support':"bwnings and canopies shall not project more than ,five feet
(5') into the public right of way, except where located above an entrance, in which
case the maximum projection shall not exceed eight feet (8'), Awnings and canopies
may not be supported by poles or other structural elements located in the public
right of way,
3, Length: Awnings and canopies should emphasize the rhythm of the facade bays,
windows and entrances, and shall not continue uninterrupted along the building
facade,
4, Height: The bottom of awnings and canopies should be at least eight feet (8') above
sidewalk grade.
5. Illumination: Backlit awnings and canopies are not permitted.
6, Inscription: Lettering on awnings and canopies shall comply with subsection 10-6-
3(B)I(k) of this chapter.
7. Materials: Awning and canopy materials should be limited to cotton, acrylic or
vinyl coated cotton, copper or bronze coated metal, or clear glass, Awnings shall be
designed with a slope, No horizontal awnings are allowed. Structural supports shall
be constructed of steel and/or aluminum and shall (if or where visible) incorporate
ornamental features,
(G) Parking Areas:
1, Required off street parking shall be provided by spaces at the rear or sides of a
building and provided with architecturally compatible security lighting, and
screened with landscape buffers or low walls.
2, Underground and structured parking shall be encouraged and new parking
structures shall be compatible with (but not indistinguishable from) adjacent
buildings in terms of height, scale, massing, and materials,
(H) Landscaping:
I. Landscaping within the downtown commercial overlay district shall comply with
section 10-6-10 of this chapter,
(I) Screening & Fencing:
1. Screening of service yards, refuse, and waste removal areas, loading, docks, truck
parking areas and other areas which tend to be unsightly shall be accomplished by
use of walls, fencing, dense planting, or any combination of these elements.
Screening shall block views from public rights of way, private street and off street
parking areas, and shall be equally effective in winter and summer, Fencing for
screening-pUrposes may be installed at a height of up to eight (8') feet. with the
approval of a building permit. Fencing used for screening purposes shall only be
. allowed in the side and .rear yards, . Chainlinkand slatted fencing are prohibited,
2, Mechanical equipment, satellite dishes, and other utility hardware, whether lOcated
on the roof or exterior of the building or on the ground adjacent to it, shall be
screened from the public view with materials identical to or strongly similar to
building materials, or by landscaping that will be effective in winter, or they shall
be located so as not to be visible from any public right of way, private street or off
street parking area. In no case shall wooden fencing be used as a rooftop equipment
screen.
3, Decorative Fencing: All fencing (with the exception of fencing identified in the
screening requirements of Section 10-6-28 IO) oftms ordinance) visible from 'a
public right of way shall not exceed a height of six (6') feet in the side and rear
yards and four (4') feet in the front yards, Decorative fencing shall consist of the
following materials:
(a) Wrought Iron
(b) Vinyl
(c) Ornamental Aluminum
4. Fencing Maintenance: The maintenance of all fences within the Downtown
Commercial Overlay District shall be in accordance with Section 1 0-6-12(H) of the
Zoning Ordinance.
5. No fencing shall be attached to any historic landmark building or structure,
(1) Signs:
1, Notwithstanding contrary provisions in this code the following provisions are
allowed in the DC district:
(a) Projecting signs perpendicular to the building. Projecting signs shall comply with
subsection 1 0-6-3 (B)5(e) of this chapter (Spruce Street signs),
(b) Wall signs flat along building frontage as required in subsection 1O-6-3(B)3(a) of
this chapter.
(c) Monument1signs are allowed where existing building is set:back from front
property line as required in subsection 1O-6-3(B)3(b) of this chapter,
(d) Painted wall signs shall be permitted through a conditional use permit per
subsection 10-6-3(B)I(1) of this chapter,
(e) A-frame signs are allowed per subsection 10-6-3(B)I(t) of this chapter.
2, Signs on historic landmark buildings must: a) not cause damage to historic
architectural features or building materials as a result of installation; and b) should
be designed and installed in such a manner that when they are removed or replaced
there is no physical evidence of their former presence. In other words, holes may
not be drilled in historic masonry, alterations may not be made of historic character
defining windows or doors, and no fasteners may be attached to any historic trim.
(Ord, 009-611, 10-19-2009)
SECTION 2. Effective Date, This ordinance shall be effective upon its passage and
publication according to law,
ADOPTED this 20th day of September, 2010, by the City Council of the City of
Farmington,
CITY OF FARMINGTON
BY:~~
Todd Larson, Mayor
r--
ATTEST:
SEAL:
Approvedastoformth~7 daYOf~~ ,2010.
~.~
. City A orney -- -
Published in the Farmington Independent the
day of
,2010,
,"-,_,1 ~
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 010-627
AN ORDINANCE AMENDING SECTION 10-6-28 OF THE ZONING CODE
CONCERNING THE DOWNTOWN COMMERCIAL OVERLAY DISTRICT DESIGN
STANDARDS
NOTICE IS HEREBY GIVEN that, on September 20,2010, Ordinance No, 010-627
was adopted by the City Council of the City of Farmington, Minnesota,
NOTICE IS FURTHER GIVEN that, because of the le:pgthy natureofOrdinance-N0;'
010-627, the following summary of the ordinance has been prepared for publication,
NOTICE IS FURTHER GIVEN that the Section I 0-6-28 amendment changes the
Downtown Commercial Overlay District Design Standards regarding screening and fencing,
The updates are intended to add more specificity on types and heights of new fencing allowed for
commercial properties in the overlay zone.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours, The ordinance is also available on the city's internet home page,
APPROVED for publication by the City Council of the City of Farmington this 20th
day of September, 2010.
CITY OF FARMINGTON
SEAL
Approved as to form this~ day of September, 2
6strator
By:
Published in the Farmington Independent theyP1day Of,-",~~_-.J , 2010.
142593v2
1
7;;
City of Farmington
430 Third Street
l;armington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.tarmingttm.nm.LL..
TO:
Mayor, Council Members
City Administrator
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
Adopt Ordinance Amending Section 11-4-5 (Erosion Control and Turf
Establishment) Regarding the Installation of Sod on New Construction
DATE:
September 20, 2010
INTRODUCTION
Attached for Council's consideration is an ordinance amending Section 11-4-5 (Erosion Control
and Turf Establishment) as it relates to the installation of sod on new construction.
DISCUSSION
The City's Engineering Division has requested that Section 11-4-5 of the Subdivision Code be
revised to reflect current procedures for installation of sod on new construction. The following
portions of Section 11-4-5 are proposed to be eliminated from the code:
(J) The required sod must be in place before a final certificate of occupancy will be issued. If
the sod is not in place and occupancy is requested by the builder, a temporary certificate
of occupancy may be issued. The builderlhomeowner is required to install sod within
sixty (60) days after the temporary certificate of occupancy is issued. It is the
responsibility of the owner to establish turf in the area where sod is not required. A fmal
certificate of occupancy will be issued only after the turfhas been established. The
remaining areas of a lot that are not required to have turf established prior to issuance of
the fmal certificate of occupancy should be established with turf within sixty (60) days
after the issuance of the fmal certificate of occupancy.
(K) In periods of adverse weather conditions between approximately October 16 and April
30, a temporary certificate of occupancy may be issued, but the installation of sod must
be completed on or before July 1.
There are two reasons why the above referenced language is no longer warranted. First, the City
does not withhold the issuance of a certificate of occupancy for new construction because the
installation of sod is incomplete. This is because the installation of sod is not seen as a life safety
issue. Secondly, per letter L of Section 11-4-5, the City requires that a $2,000 escrow is given to
31
the City, at the time of building permit, to ensure the grading and installation of sod and seed is
completed and in accordance with the approved grading plan.
Planning Commission Review
The Planning Commission held a public hearing on this matter on September 14, 2010 and
recommended approval ofthe attached ordinance with a vote of 4-0.
ACTION REOUESTED
Adopt the attached ordinance amending Section 11-4-5 of the subdivision code.
Respectfully submitted,
Tony Wippler, Assistant City Planner
32
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO, 010-628
AN ORDINANCE AMENDING SECTION 11-4-5 OF THE
SUBDIVISION CODE CONCERNING EROSION CONTROL
AND TURF ESTABLISHMENT
THE CITY COUNICL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 11-4-5 is amended by adding the underlined language and
removing the strikethrough language below as follows:
11-4-5: EROSION CONTROL AND TURF ESTABLISHMENT:
(A) Developers and builders are required to follow the erosion and sediment control
program. The program outlines minimum steps that will be required on building sites
where bare soil is exposed, Due to the diversity of building situations encountered,
each site will be individually evaluated and where additional measures or variances
are needed they will be specified at the discretion of the city engineering division,
(B) All grading plans and building site surveys will be reviewed for effectiveness of
erosion control measures in the context of the site topography and drainage. If plans
or surveys do not specify erosion control, these measures will be described on the
plans or surveys by the city's engineering division based on the Minnesota pollution
control agency's "best management practices", Plans and surveys with erosion control
specified are then returned with the permits,
(C) Silt fence is required to control erosion on all sites. The builder is responsible for
properly installing erosion control immediately after backfill of the foundation. If the
required erosion control is not installed within twenty four (24) hours after backfill of
the foundation, the builder will be issued a stop work order until erosion control
measures meet city requirements. An approved certificate of survey along with the
permit card shall be posted on the job site. The builder is responsible to maintain the
silt fence during the construction process, The city inspector or engineer will retain
the right to require additional silt fence at any time to ensure that erosion does not
occur, Silt fence/hay bales will not be required when the ground is frozen as
determined by the city,
(D) Temporary rock entrances are required on every construction site and are required
after backfilling of foundation. If the rock entrance is not installed immediately after
backfilling, a stop work order will be issued until the rock driveway is installed. Rock
driveways will also be required during the winter months after backfilling the
foundation.
(E) Streets should be cleaned and swept whenever tracking of sediments deeur and before
sites are left idle for weekends and holidays. If streets are not clean, the city will
arrange for a private contractor to clean streets and will bill the charges accordingly,
(F) Interior lots shall be sodded from the roadside edge or the unpaved right of way to the
back corners of the furthermost building,
(G) Corner lots with two (2) sides of the lot adjacent to the street; in the front yard, sod
shall be installed from the roadside edge or the unpaved right of way in the front of
the building to the back corners of the furthermost building. Sod shall also be
installed on the street side yard within the boulevard commencing at the rear corner of
the building to the rear lot line,
(H) All areas that required silt fences during construction and along any portions of the
lot that adjoin drainage easements shall be sodded, Any remaining disturbed areas not
mentioned above may be seeded. Silt fences must be maintained throughout the
construction period until new vegetation is established,
(I) Turf slopes in excess of three to one (3: I) are prohibited,
(1) The required sod must be in place before a final certificate of occapancy '.'fill be
issued, If the sod is not in place and occupancy is requested by the builder, a
temporary certificate of occupancy may be issued, The builder/homeovmer is
required to install sod within sixty (60) days after the temporary certificate of
occupancy is issued. It is the responsibility of the ovmer to establish twf in the area
where sod is not required, .\ final eertificate of occupancy vAll be issued only after
the turf has been established, The remaining areas of a lot that are not required to
have turf established prior to issuance of the final certificate of oeeupaney should be
established with turf within sixty (60) days after the issuance of the fmal certifieate of
occupancy.
(K) In periods of adverse weather eonditions between approximately October 16 and
l\.pril 30, a temporary certificate of oecupancy m.ay be issued, but the installation of
sod must be completed on or before July 1.
ill ~ The city shall collect a surety for the as built certificate of survey and turf
establishment before any building permit is issued, The surety is returned when the as
built certificate of survey, sod and seed requirements have been approved. If these
requirements are not met, the surety will be used to either complete the grading of the
lot consistent with the grading plan and/or complete the installation ofthe sod and
seed, (Ord. 002-470, 2-19-2002)
SECTION 2. Effective Date. This ordinance shall be effective upon its passage and
publication according to law,
ADOPTED thts.,20th day of September, 2010.
CITY OF FARMINGTON
By: , ~~
By:
ATTEST:
SEAL
Approved as to form th~ay o~; 2010,
By9~<~
City Attorney
Published in the Farmington Independent the
day of
,2010.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 010-628
AN ORDINANCE AMENDING SECTION 11-4-5 OF THE SUBDIVISION CODE
CONCERNING EROSION CONTROL AND TURF ESTABLISHMENT
NOTICE IS HEREBY GIVEN that, on September 20,2010, Ordinance No. 010-628
was adopted by the City Council of the City of Farmington, Minnesota.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No.
010-628, the following summary of the ordinance has been prepared for publication,
NOTICE IS FURTHER GIVEN that the Section 11-4-5 amendment changes the
Erosion Control and Turf Establishment requirements, The updates are revised to reflect current
procedures for installation of sod on new construction,
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours, The ordinance is also available on the city's internet home page.
APPROVED for publication by the City Council of the City of Farmington this 20th
day of September, 2010.
CITY OF FARMINGTON
By:
By:
SEAL
Approved as to form thi~~ day of September, 2010,
Published in the Farmington Independent the3dJaay of l.~ ~-~&LJ .2010.
142593v2
1
~/
City of Farmington
430 Third Street
Fa.mlington, Minncsota
651.280.6800. Fax 651.280.6899
W\....w.ci.tarmil1gt.m.mn..u...
TO: Mayor, CounciImembers and City Administrator
FROM: Teresa Walters, Finance Director
SUBJECT: August Financial Report
DATE: September 20,2010
Enclosed is the financial report for the months of January through August 2010. The report
shows revenues and expenditures for 67% ofthe year. Below is a list of any discrepancies along
with reasons for the variance. If you have any questions prior to the meeting, please e-mail me at
twalters@ci.farmington.mn.us or call me at 651-280-6880.
General Fund
Revenues
Property taxes
Amount Received
51.2%
Licenses
74.12%
Permits
105.26%
Fines
39.7%
Intergovernmental
51.61%
36
Reason for Variance
We received the frrst half of our
property taxes in June and July.
The balance will be received in
December.
License revenue is higher due to
the payment of the third quarter
liquor licenses.
The majority of this line item is
building permit revenue. Bldg
permit revenue is at 112.9% of the
budget. YTD total building permit
revenue is $254,036 compared to
the annual budget of $225,000.
Court Fines are $60,303 below the
projected budget of$lOO,OOO.
We have not received any Police
or Fire Aid. This normally does
not show up until Fall. We have
received 98.9% of our State Aid
Maintenance.
Charges for services
39.52%
Franchise Fees
100.00%
Investment Interest
36.43%
Miscellaneous
78.86%
Expenditures
Historical Preservation
149.86%
Emergency Management
365.31%
Fire charges are not received until
the end of the year. Police service
charges are at 40%.
Payment received.
Interest rates are extremely low
right now. Housing market
analysts and economists are
predicting that the base interest
rate will remain low until the end
of2011. The two year treasury
rate is 1'2% .
Miscellaneous includes Rental
income (for picnic shelters,
conference rooms, and our A1lina
Health Lease payment). The ALF
payment is also included. This is
the only ALF payment we will
receive this year.
The Historic Preservation is
$3,829 over budget. We are
anticipating additional grant
money (a matching grant) for
consultant services. This revenue
should be received by October
2010.
Emergency management has a
$4,900 annual budget. The storm
in August resulted in expenditures
(salaries and benefrts) in the
amount of$16,672.
Overall General Fund Revenues are at 52.85% of the budget. This is below budget; however,
some ofthe revenues (police and frre) do not come in until later in the year. Expenditures look
good since they are slightly lower than anticipated at 61.3% of the budget.
37
Snecial Revenue Funds: The Special Revenue funds are established to account for specific
revenue sources (grants) or to fmance a specific activity. Assistance may be needed from the
general fund or another designated fund to operate.
The Recreation and Ice Arena funds continue to operate with a deficit fund balance. A transfer
will need to be completed to bring up the balance if it is not positive by year-end. The actual
deficit balance in the Recreation Funds at the end of2009 was ($229,946). The actual deficit in
the Ice Arena Fund was ($178,985).
*** As of August, 2010, the Recreation Deficit has increased to ($239,976). The Arena Deficit
has increased to ($256,686).
Revenues
Amount Received
EDA
221.06%
Park Improvement
191.99%
Pool
91.04%
Expenditures
Rambling River Center
Renovation
296.61 %
38
Reason for Variance
Revenues are $15,738 over
budget. We received $5,000
earnest money toward the sale of
the Old Liquor Store and another
$2,580 for a federal grant. The
Federal grant is a reimbursement
from the Community
Development Block Grant funding
(CDBG) for a business
development grant previously
awarded. We also received a
grant from Dakota Electric earlier
in the year. This is the last year we
will receive this grant.
Building Permit Revenues and
Special assessments go into this
fund.
The majority of pool revenues
have been received for the year.
Renovation costs. In June
expenditures included $21,500 for
a heating! Air condition system. In
August another $24,000 was
spent. We anticipate receiving a
Community Development Block
Grant to help off-set some of the
costs.
Swimming Pool
82.81 %
The majority of the pool expenses
have been spent for the year.
Remaining expenses include
salaries and supplies needed to
close the pool as well as utility
costs from the prior month.
Enternrise funds: The Enterprise funds are self supporting and do not need fmancial assistance
from the General fund.
Liquor There were unexpected equipment repairs of$3055 in August and a transfer out to the
General Fund for $30,525. Total year to date transfers to the General Fund from Liquor
Operations is $94,200. It is not unusual for August sales to dip slightly in comparison to July.
Weather conditions and the number of Fridays and Saturdays in a given month also playa role in
monthly sales from one year to the next. In 2009 there were five Saturdays compared to four in
2010. Any given Saturday could mean a difference of over $10,000 in sales. Liquor Operations
Staff is continually making every effort to reduce costs through appropriate purchasing, staff
schedules and other controllable expenses. As a result of the equipment repairs, transfer and
factors causing the dip in sales, expenditures exceeded revenues by $66,153 in August.
Overall the Sewer. Solid Waste. Storm Water. and Water enterprise revenues are exceeding
expenditures for the year.
Street Light Utility: Street light utility revenues were received for the fIrst time in March 2010.
Revenues exceeded expenditures this month. This reduced the negative fund balance bringing it
from a negative $31,977 in July to a negative $25,488 in August. Revenues are currently two
months behind due to the billing cycle. We are watching this for the year; we hope to break
even at year-end. Ifwe do not break even, a transfer may be needed from the General Fund.
Granh: The graph shows that overall 2010 YTD fund balance exceeds 2009's fund balance at
this time. The City's goal should be to maintain not only a positive fund balance throughout the
year, but also a fund balance that falls within the State Auditor's recommended 35-50%. Our
current fund balance was at 24.9% at the end of2009, the highest point of the year.
A healthy fund balance is needed to operate during the year because our main source of revenue
only comes twice per year. The fund balance should also be utilized to assist other funds when
operations revenue is not as high as anticipated as we have seen with the Rambling River Center
and Ice Arena funds. As special revenue funds, these funds need the support of the general fund
in order to operate. The Enterprise funds should ensure fees are adequate to cover costs. The
Street light Utility fees are currently not covering the costs needed to operate the utility. Our
hope is that it will be very close by the end of the year.
Respectfully submitted,
Teresa Walters
Finance Director
39
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430 Third Street
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651.463.7111 . Fall 651.463.2591
www.ci.tarmiTlgton.nm.LL..
TO: Mayor, Councilmembers, City Administrator
- FROM: Lisa Shadick, Administrative Services Director
SUBJECT: On-Sale 3.2 Beer License- The Ugly Mug
DATE: September 20,2010
DISCUSSION
D&K Properties of Rosemount, dba The Ugly Mug, located at 18450 Pilot Knob Road, has
submitted an application for an On-Sale 3.2 Beer License.
The required fees have also been received and the application has been reviewed by the
Farmington Police Department,
BUDGET IMPACT
Fees are included in the revenue estimates of the 2010 budget.
ACTION REOUESTED
Approve an On-Sale 3.2 Beer License for The Ugly Mug at 18450 Pilot Knob Road.
Respectfully submitted,
Lisa Shadick, CMC
Administrative Services Director
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IOee
City of Farmington
430 Third Street
I'armington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.tarmil1gttm.mn.LL.l
TO:
Mayor, Council Members,
City Administrator
FROM:
Lee Smick, City Planner
AICP, CNU
SUBJECT:
Adopt Resolution - Amending Schwiness Retail Center (Farmington
Marketplace) Planned Unit Development Agreement - Planning
DATE:
September 20, 2010
INTRODUCTION
Jon Einess, owner of the Schwiness Retail Center otherwise known as Farmington Marketplace
(Ugly Mug, Pilot Knob Pizzeria) is seeking an amendment to the original PUD agreement (Ex.
A) for the Schwiness Retail Center. A resolution is attached as Exhibit A along with the original
PUD Agreement attached as Exhibit B and the revised PUD Agreement attached as Exhibit C.
DISCUSSION
Mr. Einess is proposing the following amendments to the PUD:
Underlined items are proposed amendments while strikeouts are proposed deletions from the
existing agreement.
1. Building Area - The two buildings are not to exceed a footprint of 17,531 17.734 squar~ feet.
. A 100 square foot vestibule may be installed on the south building at the former
Movie Gallery space. Subway has already installed a 100 square foot vestibule on
the north building. This amendment would bring the Subway vestibule into
compliance.
2. Parking - A minimum of ~ 117 standard parking stalls and a minimum of 3 handicap
accessible parking stalls will be maintained and used for commercial use by customers,
vendors and other visitors to the Subject Property. A minimum of 9 parking stalls may be
removed on the west side ofthe south building and 1 stall may be removed on the north side
of the south building adiacent to the most easterly leased space. The City and the Developer
agree to a parking setback of8 feet from the right of way line on the west side of the Subject
Property.
65
. A Daycare is proposed on the west side of the south building, in the former Movie
Gallery space. The daycare will install a maximum 3,500 square foot playground
adjacent to the most westerly leased space on the south building and the
construction of the playground may require the need to remove 8-9 parking stalls.
Dependent upon the uses in the Farmington Marketplace center, required parking
for the area is between 88 to 100 parking spaces.
3. Playground - A playground may be constructed near the south building adiacent to the
westerly leased space at a maximum of 3.500 square feet. This playground will be provided
with safety features such as bollards. landscaping. and non-climbable fencing. The Property
Owner may close the west drive along the South Building to accommodate the playground.
. At the September 14, 2010 Planning Commission meeting, the Commissioners
requested that the playground be provided with bollards (painted yellow and
includes reflective tape as well as signs stating "No Thru Traffic" located on the
north and south side of the playground) and landscaping (9 dense shrubs to be
placed on west side of playground) as well as non-climbable fencing to ensure
safety of the area (Exhibit D).
4. Outdoor Dining - Outdoor dining may be installed adiacent to the restaurants in the
Farmington Marketplace.
. Outdoor dining is allowed where approved through a PUD amendment. This
amendment would bring the Ugly Mug outside dining area into compliance.
5. Zoning - The following land uses are permitted under this Agreement and any other uses not
included below will require one of the following: (i) an amendment to this Agreement
approved by the City Council; or (ii) a conditional use permit authorized by the Board of
Adjustment pursuant to the conditional use permit process and city Code for the B-1 Limited
Business District Zoning Classification:
b. Restaurants and fast food restaurants so long as the fast food restaurants are not free
standing, are tenants in the shopping center on the Subject Property, and do not have a drive
through lane. Outside dining is allowed where approved through a PUD Amendment.
. Outdoor dining is currently occurring adjacent to the Ugly Mug. Additional
outdoor dining has been requested by Pilot Knob Pizzeria adjacent to its leased
space in the south building.
1. Commercial Child Daycare Centers
6. Notices. Required notices to Developer shall be in writing, and shall be either hand-
delivered to Developer, its employees or agents, or mailed to Schwiness, LLC c/o Jon Einess
by registered mail at the following address: 525 North 3rd Street #312, Minneapolis, MN
66
55401. Notices to the City shall be in writing and shall be either hand-delivered to the City
Administrator, or mailed to the City by registered mail in care of the City Administrator at
the following address: Farmington City Hall, 430 Third Street. Farmington, Minnesota
55024.
. This is a text amendment providing the correct addresses of the property owner
and the City of Farmington.
ACTION REOUESTED
Adopt a resolution amending the original PUD of the Schwiness Retail Center to incorporate the
following items:
1. Building Area - The two buildings are not to exceed a footprint of 17,531 17.734 square feet.
. A 100 square foot vestibule may be installed on the south building at the former
Movie Gallery space. Subway has already installed a 100 square foot vestibule on
the north building. This amendment would bring the Subway vestibule into
compliance.
2. Parking - A minimum of ~ 117 standard parking stalls and a minimum of 3 handicap
accessible parking stalls will be maintained and used for commercial use by customers, vendors
and other visitors to the Subject Property. A minimum of 9 parking stalls may be removed on
the west side of the south building and 1 stall may be removed on the north side of the south
building adjacent to the most easterly leased space. The City and the Developer agree to a
parking setback of8 feet from the right of way line on the west side of the Subject Property.
. A Daycare is proposed on the west side ofthe south building, in the former Movie
Gallery space. The daycare will install a maximum 3,500 square foot playground
adjacent to the most westerly leased space on the south building and the
construction of the playground may require the need to remove 8-9 parking stalls.
Dependent upon the uses in the Farmington Marketplace center, required parking
for the area is between 88 to 100 parking spaces.
3. Playground - A playground may be constructed near the south building adiacent to the
westerly leased space at a maximum of 3.500 square feet. This playground will be provided with
safety features such as bollards. landscaping. and non-climbable fencing.
. At the September 14, 2010 Planning Commission meeting, the Commissioners
requested that the playground be provided with bollards and landscaping as well
as non-climbable fencing to ensure safety of the area.
4. Outdoor Dining - Outdoor dining may be installed adiacent to the restaurants in the
Farmington Marketplace.
67
. Outdoor dining is allowed where approved through a PUD amendment. This
amendment would bring the Ugly Mug outside dining area into compliance.
5. Zoning - The following land uses are permitted under this Agreement and any other uses not
included below will require one of the following: (i) an amendment to this Agreement approved
by the City Council; or (ii) a conditional use permit authorized by the Board of Adjustment
pursuant to the conditional use permit process and city Code for the B-1 Limited Business
District Zoning Classification:
b. Restaurants and fast food restaurants so long as the fast food restaurants are not free
standing, are tenants in the shopping center on the Subject Property, and do not have a drive
through lane. Outside dining is allowed where approved through a PUD Amendment.
. Outdoor dining is currently occurring adjacent to the Ugly Mug. Additional
outdoor dining has been requested by Pilot Knob Pizzeria adjacent to its leased
space in the south building.
1. Commercial Child Daycare Centers
6. Notices. Required notices to Developer shall be in writing, and shall be either hand-delivered
to Developer, its employees or agents, or mailed to Schwiness, LLC c/o Jon Einess by registered
mail at the following address: 525 North 3rd Street #312. Minneapolis, MN 55401. Notices to
the City shall be in writing and shall be either hand-delivered to the City Administrator, or
mailed to the City by registered mail in care ofthe City Administrator at the following address:
Farmington City Hall, 430 Third Street, Farmington, Minnesota 55024.
Respectfully submitted,
Lee Smick, City Planner
AICP, CNU
68
RESOLUTION NO. R53-10
AMENDING THE SCHWlNESS RETAIL CENTER PUD AGREEMENT
Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 20th day of
September, 2010 at 7:00 P,M,
Members Present:
Members Absent:
Larson, Donnelly, Fogarty, May, Wilson
None
Member Fogarty introduced and Member Wilson seconded the following:
WHEREAS, a public hearing of the Planning Commission was held on the 14th day of
September, 2010 after notice of the same was published in the official newspaper of the City and
proper notice sent to surrounding property owners, and
WHEREAS, the Planning Commission recommended approval of the PUD Amendments on the
14th of September, 2010;
NOW, THEREFORE, BE IT RESOLVED that the Schwiness Retail Center PUD Agreement
be amended with the following conditions:
1, Building Area - The two buildings are not to exceed a footprint of 17,734 square feet.
2. Parking - A minimum of 117 standard parking stalls and a minimum of 3 handicap accessible
parking stalls will be maintained and used for commercial use by customers, vendors and other
visitors to the Subject Property, A minimum of9 parking stalls may be removed on the west side
of the south building and 1 stall may be removed on the north side of the south building adjacent
to the most easterly leased space. The City and the Developer agree to a parking setback of 8
feet from the right of way line on the west side of the Subject Property,
3, Playground - A playground may be constructed near the south building adjacent to the
westerly leased space at a maximum of 3,500 square feet. This playground will be provided with
safety features such as bollards, latulsl_pWb, and non-climbable fencing.
4, Outdoor Dining - Outdoor dining may be installed adjacent to the restaurants in the
Farmington Marketplace.
5. Zoning - The following land uses are permitted under this Agreement and any other uses not
included below will require one of the following: (i) an amendment to this Agreement approved
by the City Council; or (ii) a conditional use permit authorized by the Board of Adjustment
pursuant to the conditional use permit process and city Code for the B-1 Limited Business
District Zoning Classification:
b. Restaurants and fast food restaurants so long as the fast food restaurants are not free
standing, are tenants in the shopping center on the Subject Property, and do not have a drive
through lane. Outside dining is allowed where approved through a PUD Amendment.
I. Commercial Child Daycare Centers
6. Notices. Required notices to Developer shall be in writing, and shall be either hand-delivered
to Developer, its employees or agents, or mailed to Schwiness, LLC c/o Jon Einess by registered
mail at the following address: 525 North 3rd Street #312, Minneapolis, MN 55401. Notices to the
City shall be in writing and shall be either hand-delivered to the City Administrator, or mailed to
the City by registered mail in care of the City Administrator at the following address: Farmington
City Hall, 430 Third Street, Farmington, Minnesota 55024.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
20th of September, 20 I O.
~~~-
Mayor
Attested to the ~ay of September, 20 I ,
Exhibit C
AMENDMENT TO SCHWINESS RETAIL CENTER PUD AGREEMENT
This Amendment Number One to the Planned Unit Development Agreement
("Amendment") dated , 2010, by and between the CITY OF
FARMINGTON, a Minnesota municipal corporation (referred to herein as "City"), and
Schwiness, LLC, a Limited Liability Company (referred to herein as "Developer"), amends the
Planned Unit Development Agreement between City and Developer dated February 19, 2002
(''PUD Agreement"), The PUD Agreement, as amended by the Amendment, is referred to
herein as the "Agreement". Capitalized terms have the same meeting as in the PUD Agreement,
except as otherwise provided in this Amendment.
RECITALS
A. Developer owns property situated in the County of Dakota, State of Minnesota,
and legally described as Lots 3 & 4, Block 1, Dakota County Estates 9th Addition (collectively
referred to herein as "Subject Property").
B. The Subject Property was rezoned from R-l to Planned Unit Development as part
of Ordinance 086-176, adopted the 18th day of February, 1986.
C. By agreement dated September 9, 1994, the City approved a Development
Contract for the Subject Property (''Development Contract").
D. By Planned Unit Development Agreement dated February 19, 2002, the City and
Developer terminated the Development Agreement and agreed to terms and conditions for the
development of Farmington Marketplace Shopping Center on the Subject Property.
E. The Parties wish to amend the PUD Agreement as set forth herein.
NOW, THEREFORE, the parties agree as follows:
1. Terms of Site Development. Section 5 (A) and Section 5 (C) of the PUD
Agreement are amended to read as follows:
A. Building Area - The two buildings are not to exceed a footprint of 17,734
square feet.
B. Parking - A minimum of 117 standard parking stalls and a minimum of3
handicap accessible parking stall will be maintained and used for commercial use
by customers, vendors and other visitors to the Subject Property. A minimum of
9 parking stalls may be removed on the west side of the south building and 1 stall
may be removed on the north side of the south building adjacent to the most
easterly leased space, The City and the Developer agree to a parking setback of 8
feet from the right of way line on the west side of the Subject Property.
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C. Playground - A playground may be constructed near the south building
adjacent to the westerly leased space at a maximum of 3,500 square feet. This
playground will be provided with safety features such as bollards, f&B888a,iBg,
and non-climbable fencing. The Property Owner may close the west drive along
the South Building to accommodate the playground.
D. Outdoor Dining - Outdoor dining may be installed adjacent to the
restaurants in the Farmington Marketplace.
2. Zoning. The fo llowing land uses are permitted under this Agreement and any
other uses not included below will require one of the following: (i) an amendment to this
Agreement approved by the City Council; or (ll) a conditional use permit authorized by the
Board of Adjustment pursuant to the conditional use permit process and city Code for the B-1
Limited Business District Zoning Classification:
a. Retail Facilities
b. Restaurants and fast food restaurants so long as the fast food restaurants are
not free standing, are tenants in the shopping center on the Subject Property,
and do not have a drive through lane. Outside dining is allowed where
approved through a PUD Amendment.
c. Coffee Shops
d. Health Club
e. Offices
f. Personal and Professional Services including, without limitation, fmancial
services.
g. Personal Health & Beauty Services
h. Animal Clinics
i. Convenience Store, without gas
j. Automobile service and repair
k. Clinics
1. Commercial Child Daycare Centers
3. Notices. Required notices to Developer shall be in writing, and shall be either
hand-delivered to Developer, its employees or agents, or mailed to Schwiness, LLC c/o Jon
Einess by registered mail at the following address: 525 North 3rd Street #312, Minneapolis, MN
55401. Notices to the City shall be in writing and shall be either hand-delivered to the City
Administrator, or mailed to the City by registered mail in care of the City Administrator at the
following address: Farmington City Hal~ 430 Third Street, Farmington, Minnesota 55024.
Except as otherwise provided herein, the terms of the PUD Agreement are unchanged.
98382
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CITY OF FARMINGTON
By:
Todd Larson, Mayor
And
Peter Herlofsky, Jr., City Administrator
Schwiness LLC
By:
Jon Einess
Its: Chief Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 20_, by Todd Larson and Peter Herlofsky, Jr., the Mayor and City
Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
,20-, by , the of
, a , on behalf of said
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
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ex..,
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PLANNED UNIT DEVELOPMENT AGREEMENT
AGREEMENT dated
, 2002, by and between the CITY OF
FARMINGTON, a Minnesota municipal corporation (referred to herein as "Cityll), and
Schwiness, LLC, a Minnesota Limited Liability Corporation (referred to herein as IIDeveloperll).
RECITALS
A. Developer owns property situa~d in the County of Dakota, State of Minnesota, and
legally described as Lot 4, Block 1, Dakota County Estates 9th Addition and holds an option to
purchase property situated in the County of Dakota, State of Minnesota, and lega1ly described as
L~t 3, Block 1, Dakota County Estates 9th Addition.(collectively referred to herein as "Subject
Property"). ,
"
... ",
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'~
B., The Subject~op~rty was rez~ned from R-l to Planned Unit:Development as part of .. " ,.
. . l' .
Ordinance 086-176"adopted the, \ 8th day of February, 1986.,
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c. By agreement dated September 9, 1994, the City approved a Development Contract for
the Subject Property ("Development Contract").
NOW, THEREFORE, the parties agree as follows:
1. Request for Approval. Developer has asked the City to approve a Final 'Site
Plan for the Subject Property (also referred to irl. this Agreement as the "Site Plan").
2. Conditions of Approval; Conditions of Agreement. The City hereby approves
the Site Plan for the Subject Property subject to the conditions set forth in this Agreement, on
condition that Developer enters into this Agreement. The Developer owns that portion of the
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Subject Property described as Lot 4, Block I, Dakota County Estates 9th Addition, It is the
Developer's intent to exercise the Developer's option to purchase that portion of the Subject
Property described as.Lot 3, Block 1, Dakota County Estates 9th Addition upon City Council
approval of the Site Plan and this Agreement. This Agreement shall not become effective until
and unless Developer obt$s ownership of both lots constituting the Subject Property.
3. Effect of Planned Unit Development Approval. For a period of three (3) years
from and after the date of this Agreement, no amendments to the City's Comprehensive Plan or
official controls shall apply to or affect the use, development density, lot size, lot layout, or
dedications of th~ development unless required by state or federal law or agreed to in writing by
the City l)lld the Developer. Th~eafter, notwithstanding anything within this Agreement to the
contrary, and subject to non-conforming use rights and to the extent permitted by State, and
. . " .
Federal Law, the. qty may require C9mpliance.;.with; any amendments. t.o the City's..;
Comprehensive Guide. Plan, Zoning: Ordinance, official. controls, platting Qr dedication .,
.requirements ena~te4. after. the date of this Agreement.. :.
~. .
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4. . Pl.ans. The City grants approval to the development .of the Site Plan in
accordance with the following . plans, which are on file at Farmington City Hall. The plans are
not attached hereto. lfthe plans vary from the written terms of this Agreement, the written terms
shall control. The plans are:
Plan A ~ Site Plan
Plan B - Elevation Drawings; Floor Plan
Plan C - Water Main Plan
Plan D - GradinglDrainagelUtilities Plan
Plan.E - Landscape Plan
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5.
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Terms. of Site Development.
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The Subject Property shall conform to the
following ~um requirements:
A. Building Area - The two buildings are not to exceed a footprint of 17,534
square feet.
B. Building DesignlMaterials - The building design and materials will be
consistent with that of the site p'lan and building details approved by the City
Council. A minimum of 10% of the total building face will be made up of
brick, the remaining 90% will be made up of impregnated color rock faced
concrete block, stucco, stone and glass.
. ......
C. P.ar~g,- A minimum of 127 standard parking stalls and a minimum of. 3
:.. 'OJ,':o
. handicap accessible parking stalls will be maintained and used. for, commercial .,
. .
. . '. use by customers, vendors and other visitors to the Subject Property, The City .
. i,and the.Developer agree to a parking setback of 8 fee~ from the right of way.. . ; ,.,.
.. " ,"
.. .",". '." . line. on the west side of the Subject Property, . "
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D. Signage - Both wall and pylon signage will be permitted and not to exceed the
follqwing standards:
i. Wall signage ~ For each building, the total wall signage cannot exceed
10% of the following: the sum of the gross area of the two fr<?nt
facades of the building. In no event shall. the total wall signage
exceed 200 square feet per building. There is no size limitation on
individual signs so long as the above-referenced limitations are met.
ii. Pylon signage - Two pylon signs not to exceed 150 square feet for
each sign nor to exceed twenty-six (26) feet in height. Only one (1)
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.~.'r
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pylon sign per lot. The minimum required setback.for pylon signage is
approved to be reduced from the required fifty (SO) foot setback to ten
(10) feet as measured from the C.S.A.H. 31 right-of-way easement or
. twenty-five (25) feet from the actual west property line.
This signage does not include any necessary directional or parking signage.
E. Landscaping - Except as otherwise specifically provided herein, the Site Plan
will meet or exceed the minimum requirements of the City's Landscape
Ordinance..
. F. Si.dewalk - The Developer will be responsible for the construction of the
sidewalk along English Avenue, completing the connection between the two . . ,. I '..:
existing sidewalks.
... .'
. .
G. ,Trash Enclosures - The Developer will provide. two (2).trash enclosure's (one,
for each building, on the Subject Property) that will. be constructed with the
similar. materials as proposed for.the main structure. ;"
:: .
." . .
. . ~ " l'
H. Side Yar4 Setback - The City and Developer agree that the side yard setback' ."
requireme~ts' in the City Code shall not apply with respect to the 10t line
separating Lot 3 Block 1, Dakota County Estates 9th Addition and Lot 4 Block
1, Dakota County Estates 9th Addition.
6. Zoning.
The following land uses are' permitted under this Agreement and any other uses not included
below will require one of the following: (i) an amendment to this Agreement approved by the
, .
City Council; or (ll) a conditional use pennit authorized by the Board of Adjustment pursuant to
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the conditional use permit process and City Code for the B-1 Limited Business District Zoning
Classification.
.a. Retail Facilities
b. Restaurants and fast food restaurants so long as the fast food restaurants are
not free standing, are tenants in the shopping center on the Subject Property,
and do not have a drive through lane.
c. Coffee Shops
d.. Health Club
e. Offices
;f... PersOnal and Professional 'Services, including financial sewices:
....., :..,', ......
;" g._ Personal Health & Beauty Services
~ .." ..
. ..:~_.,
.. ',' .':. ,i .1 ,'. hi . Animal,Clinios
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. .. \. .... .f"
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. " ". .,,;.,,' j.. , Convenience Store, without gas
. ~. '\ " :'..1... . . ~ ," "if se:'.' . . '.'
. I '" . ~.! .
j. Automobile service and repair
'... t.... .....
. '.'
k. Clinics
7. . Compliance with Permit and Licenses. It is the responsibility of the Developer
to obtain and comply with all necessary approvals, permits, and licenSes from the City of
Farmington, Dakota County, Minnesota Pollution Control Agency, Minnesota Department of
Health, and any other regulatory agency affected by or having jurisdiction over the site. All
costs incurred to ob~ain said approvals, permits, and licenses shall be the responsibility of the
Developer.
8. Compliance with Laws and Regulations. Developer represents to the City that
the proposed development complies wi~ all applicable City, County, Metropolitan, State, and
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Federal laws and regulations, including but not limited to ~ of the Fannington
City Code, planned unit development ordinance, subdivision ordinances, zoning ordinances, and
enviromnental regulations in effect during the course of this development or Agreement.
Developer agrees to comply with such laws and regulations,
9. Enforcement. Developer shall reimbW'Se the City for reasonable costs incurred
in the enforcement of this Agreement, including reasonable engineering and attorney's fees.
Developer shall pay in full all bills submitted to it for the above-referenced costs by the City
within sixty (60) days after receipt. Bills not paid within sixty (60) days shall be subject to an
eight-percent (8%) per annum interest charge.
". )' 10. of :',~Miscellaneous.
. \' ~. .
: A. Breach of any .material term of this Agreement by Developer ;shall. be.
grounds.for;d~nial of building permits.
.:" .. '. I.' .
.:." ,'. ....B. .
If any material. portion, section, subsection, .sentence; 0lause, .paragraph, .or
phrase of this Planned. Unit Development Agreement is for .any reason held invalid as !i' result of ..
a challenge brought by Developer, their agents 'or assigns, the City may, at its option, declare the
entire Agreement null and void and approval of the final planned unit development shall thereby
be revoked.
C. The action or inaction of any party shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be
in writing, signed by the parties, and approved by written resolution of the City Council. The
, .
City's failure to promptly take legal action to enforce this Agreement after expiration of time in
which the work is to be completed shall not be a waiver or release.
98382 .
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. ....
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This Agreement shall run with the land and shall be recorded in the
DRAFT
Dakota County Recorder's office. The Developm~nt Contract dated September 9, .1994, is
hereby terminated with respect to the Subject Property as of the date of this Agreement. The
parties shall file a release of such Development Contract covering the Subject Property within a
reasonable time after. the date of this Agreement.
E, This Agreement shall be binding upon the parties, their heirs, successors,
or assigns, as the case may be. .
F. . Third parties shall have no recourse against the City or Developer under
this Agreement.
. " G, ' Except as otherwise specified herein, Developer . shall pay all costs,;' ". '.. '.'
incurred' by Developer and the reasonable costs incurred by, the., City: in conjunction with, the.. .. .' ..;: '.. ~ :.
development as set forth in the Site Plan, including but .not limited to Soil and Water.;. ..' ....;'...;1.,: .
:~
. ..conservation District ,Charges,. legal, planning, engineering and inspection expenses incurred in.,.,' ".: .:...,. ~"'.
connection..with approval:and acceptance of the Site,Plan, and,the preparation of this Agreement.~.,. '" ,'f.'::"-' 'i;
H,' Each right, power or.remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from time to
time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
11. Notices. Required notices to Developer shall be in writing, and shall be either
hand-delivered to Developer, its employees or agents, or mailed to Schwiness, LLC c/o Jon
Einess by registered mail at the following address: 708 North First Street, #423, Minneapolis,
98382
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MN 55401. Notices to the City shall be in writing and shall be either hand-delivered to the City
Administrator, or mailed to the City by registered mail in care of the City Administrator at the
following address: Farmington City HaIl, 325 Oak Street, Farmington, Minnesota 55024.
CITY OF FARMINGTON
By:
Gerald G. Ristow, Mayor
And
Edward J. Shukle, City Administrator
Schwiness, LLC
. .' ..: L' '} . :','
. ':, . ~ .1 :",:;; i' . ....ft. " . .: .
By:
',: Jon Einess , .. .: '.... .
Its: Chief Manager
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98382
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STATE OF MINNESOTA )
( 58.
COUNTY OF DAKOTA )
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The foregoing 'instrument was acknowledged before me this . day of
. 20-, by Gerald G. Ristow and Edward J. Shukle, the Mayor and City
Administrator oftbe City of Farmington, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authoqty granted by its City Council.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF )
. , The foregoing instrument was acknowledged before.me this
,20_, by . the
, a . , on behalf of said
day of .
of
t '.'
..~ ",...
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
98382
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280,6899
www:ci.farmingtoll.nm.L1:;
TO: Mayor, Councilmembers and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Approve Purchase of Playground Equipment
DATE: September 20,2010
INTRODUCTION
The Rambling River Park Master Plan identifies the replacement of the existing playground
equipment,
DISCUSSION
The Parks and Recreation Department was contacted by the Local Host Committee of the 2010
National Recreation and Park Association (NRP A) Congress about the possible purchase of
playground equipment that will be displayed at the 2010 NRPA Congress in Minneapolis,
In August, City staffwas notified that Playworld Systems, Inc, a playground equipment
manufacturer from Pennsylvania, was interested in selling the playground equipment it will be
displaying at the NRPA Congress in Minneapolis, Staff was then instructed to contact a
representative about the sale of the playground equipment, which was subsequently made,
Attached are the drawings of the playground equipment that Playworld Systems, Inc, will be
displaying at the NRP A Congress.
Information about purchasing the playground equipment was then brought to the September 8,
2010 Park and Recreation Advisory Commission (the Commission) meeting for consideration,
The Commission voted unanimously to recommend to the City Council to purchase the
playground equipment and designate Rambling River Park to receive the new playground
equipment, The Commission based its decision to recommend to install the new equipment in
Rambling River Park on the theme of the equipment being more appropriate for a community
park rather than a neighborhood park, the volume of use that the playground equipment would
receive in Rambling River Park and the age and condition of the existing playground equipment
warranting it being replaced,
Because the City won't actually purchase the playground equipment until after the NRP A
Congress, there will not be time to install it in 2010 and therefore will need to be installed in
2011, The company that installs the playground equipment has offered to store the playground
equipment over the winter at no cost to the City, Then, sometime in the spring or summer of
2011, it will deliver the playground equipment to Rambling River Park at no cost to the City and
install it,
85
BUDGET IMPACT
The table below shows the original cost and the discount that is being offered to purchase the
playground equipment,
Item Orbdnal Price Discounted Price Savine:s
Play structure $70,000,00 $49,876,00 $20,124,00
Tax $5,005,00 $3,566,13 $1,438,87
Installation $14,000,00 $5,985,12 $8,014,88
Shippine: $876,00 $0,00 $876,00
Total $89,881.00 $59,427,25 $30,453,75
The Park Improvement Fund Balance as ofthe end of August 2010 is just slightly over $178,000,
This balance will be reduced by $11,548,50 due to the approved Depot Way Arts Park Sidewalk
Project, This leaves the Park Improvement Fund with a balance of$166,452, Purchasing and
installing the playground equipment will then leave the Park Improvement Fund with a
remaining balance of$107,025,
ACTION REOUESTED
By motion approve the purchase of the playground equipment from Playworld System, Inc, and
have it installed in Rambling River Park in 2011.
Respectfully Submitted,
Randy Distad,
Parks and Recreation Director
cc: Park and Recreation Advisory Commission members
86
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City of Farmington
430 Third Street
I-MIllington, Minnesota
651.280.6800. Fax 651.280.6899
www,cj,tllnllingttm.TIm.u'l
TO: Mayor, Councilmembers and City Administrator
FROM: Randy Distad, Parks and Recreation Director
SUBJECT: Approve Memorandum of Understanding with DARTS
DATE: September 20,2010
INTRODUCTION
The City previously approved a Memorandum of Understanding (MOD) with DARTS in 2003
for the joint use of a DARTS bus in the Farmington area, The bus purchased by DARTS in 2003
for the Farmington Area has ended its useful life, DARTS is now in the process of applying for
a Federal 5310 grant to replace the bus,
DISCUSSION
Staff members and the City Attorney have worked with the DARTS organization to create a
MOD for the application for the Federal grant, Should DARTS be approved for a Federal grant
to purchase a new bus, the City would then enter into a rental agreement with DARTS for the
City's use of the bus for Rambling River Center programs, Attached is the MOU that has been
created, The MOU will need to be approved by the City Council prior to the grant application
being submitted by DARTS in October, The MOU identifies the costs and in-kind services that
the City will be responsible for should the grant application be approved and the bus purchased,
The cost of the new bus is approximately $66,000 and the entire cost of the bus will be covered
by the Federal grant, The bus purchased in 2003 that will be replaced will serve as the back up
bus for the Farmington area should the new bus not be available due to maintenance issues,
BUDGET IMPACT
Under the current MOU with DARTS, the following occurs:
· the City pays to DARTS $200 per quarter to cover a portion of the cost ofthe insurance
DARTS carries on the bus
· the City pays $150 per quarter that helps cover a portion of the bus operational costs in
exchange for the City having sole use of the bus every Friday during the calendar year for
Rambling River Center programs
· the City allows the bus to be stored in the Rambling River Center's garage as an in-kind
donation to DARTS
Under the new MOU the following will occur:
· the City will pay to use the bus on the second and fourth Friday of each month at $35 per
time for a total cost of$70 per month to cover a portion of the bus operational costs,
which equates to $210 per quarter
90
· insurance on the bus will be carried by the City during its Rambling River Center
program use and will be addressed in the rental agreement that will be created should
DARTS receive the Federal grant
· per a discussion with the City's insurance representative, the City has a provision in its
existing vehicle insurance policy to cover rental of vehicles, so there shouldn't be an
additional cost for insurance
· the City will continue to provide storage of the bus at the Rambling River Center garage
as an in-kind donation to DARTS
The cost for the City to use the DARTS bus will decrease from the previous MOD, Rather than
paying $350 per quarter to DARTS under the old MOD, the City will pay $210 per quarter to
DARTS under the new MOD,
ACTION REOUESTED
By motion approve the MOD with DARTS,
Respectfully Submitted,
Randy Distad,
Parks and Recreation Director
91
MEMO~UMOFmrnE~TMIDmG
DARTS and City of Farmington (the City)
A. DARTS will provide gap ridership service coverage between ADA and non-ADA service in
Farmington and the surrounding areas using the 5310 vehicle,
B, Operational Costs:
1) Maintenance: DARTS will perform all maintenance on the 5310 vehicle and will be at
DARTS expense, All maintenance and repairs will be performed at the DARTS Vehicle
Maintenance Service (VMS) facility in West St, Paul. The City will follow the approved
pre-trip inspection and will complete the maintenance log (including recording the
mileage, time, and fuel) on days the 5310 vehicle is used by the City, Any towing
outside of Dakota County on Fridays (the scheduled day for exclusive use by the
Rambling River Center) is the responsibility ofthe City,
2) Dispatching, Ride Takers, Scheduling and Administrative Work: DARTS will be
responsible for all such duties and tasks needed to perform the daily operations of the
unit in gap responsive service to the community,
3) Gas: The City will refuel and assume responsibility for payment of all gas used
whenever it uses the 5310 vehicle,
4) Insurance: DARTS will be the listed owner ofthe 5310 vehicle, DARTS and the
City will enter into a lease/rental agreement for the bus should the vehicle be approved
whereby the City will maintain insurance coverage ofthe vehicle during its use and in
such amounts satisfactory to DARTS, The City will be required to present a Certificate
oflnsurance with at least a 10 day cancellation notice to DARTS, A current version of
such Certificate oflnsurance must either be on file with DARTS, or be presented to
DARTS prior to the execution of a formal lease for use of the vehicle, DARTS must be
listed on such Certificate of Insurance as an additional insured. All claims (including
bodily injury, property damage, or vehicle damages) are to be reported immediately to
both DARTS and the City's insurance company,
5) Driver's Salary & Benefits: The City will provide an STS-certified driver whenever
using the 5310 vehicle exclusively for its regular use on the second and fourth Friday of
each month or special service days, DARTS will provide an STS certified and trained
driver at all other times when in service in the Farmington area community for DARTS
purposes,
6) Storage of 531 0 Vehicle: The City will provide for the indoor storage space within the
City limits and will provide this space as in-kind donation,
7) Promotion: The City at its discretion may provide a vehicle decal, which can be affIXed
to the outside of the 5310 vehicle, The markings of the vehicle are to be consistent with
the DARTS fleet markings,
C, Vehicle Rental: DARTS and the City shall create a vehicle rental agreement for the
reservation and use of the bus by the City, The vehicle will be available for use by the City
on all Fridays of the month and at such other times following "Section H," below, The City
shall pay a rental fee of$35 per each day of reserved and/or scheduled use, It shall be
understood the City may not require the bus on certain days of the month (i,e, low or no
rider sign up, poor weather, etc,) and may elect to forgo the usage and/or reserved
availability of the bus on select days, This being the case, the City shall only be required to
pay for the actual usage days each month, provided the City agrees it will be responsible for
Page 1 of2
92
a minimum payment of $70,00 per month or the equivalent of two (2) usage days per month,
An annual inflation factor of3% shall be added on January 1 st of each new calendar year and
shall follow length of service years the bus shall be jointly "Time Shared" by both parties,
D, The City can set the fare on days it uses the 5310 vehicle and may keep all fares collected on
those days,
E, The City will track and record necessary passenger trip data for all rides provided, This
information will be provided to DARTS on a monthly basis and in the format required for
record-keeping and reimbursement purposes,
F, DARTS will offer gap ridership service coverage in the greater Farmington area during the
hours of7:00 a,m, to 10:00 p,m, Monday through Thursday with the shared 5310 vehicle,
Based on demonstrated requests and needs of riders, DARTS will also provide service on
Saturday (8:00 a,m,-2:30 p,m,) and Sunday (8:00 a,m,-4:30 p,m,)
G. DARTS and the City will apply for a small size bus (a vehicle designed to carry 15 or less
people - including the driver); if the City needs additional wheelchair spaces for a special
event, another DARTS vehicle can be substituted for the service or DARTS can serve as a
back-up vehicle,
H, The bus will be reserved for exclusive use by the City on Fridays from 12:01 a,m, to 11 :59
p,m, The City may cancel the use of the bus on Fridays with a minimum of seventy-two
(72) hours of advance notice to the DARTS dispatch center, Use of the 5310 vehicle on any
other day or time must be agreed upon by DARTS and one week's notice must be provided,
I. DARTS reserves the right to use the 5310 vehicle for any appropriate trips when it is not in
use by the City,
1. When the vehicle has reached the end of its useful life as determined by DARTS, DARTS
will give highest priority to the continued partnership with the City if a replacement vehicle
is applied for through the 5310 grant process, If another vehicle is not obtained through the
5310 grant process, DARTS agrees to give the City the first opportunity to purchase the
vehicle at fair market value,
It is understood that this is a legally non-binding agreement, In the event funding is approved for the
purchase of a 5310 vehicle, DARTS and the City will enter into a formal vehicle lease or rental
agreement,
DARTS:
CITY OF FARMINGTON:
BY:
BY:
ITS: MAYOR
ITS
BY:
ITS: CITY ADMINISTRATOR
DATE
DATE
Page 2 of2
93
Ida..
City of Farmington
430 Third Street
l"arIllington, Minnesota
651.280.6800. Fax 651.280,6899
www.ci.furmingtun.mn.LL.I
TO: Mayor and CounciImembers
FROM: Peter J, Herlofsky, Jr,
City Administrator
SUBJECT: Adopt Ordinances - Utility Franchise Fees
DATE: September 20,2010
INTRODUCTION / DISCUSSION
Meetings have been held with the various utility companies including Minnesota Energy
Resources, Dakota Electric Association, and Xcel Energy to discuss franchise fees, The attached
ordinances are the result of reaching agreements with these companies to charge franchise fees,
The revenue from these fees will be used to pay the costs of seal coating rather than assessing the
residents for seal coat projects, City Attorney Jamnik will be available to answer any questions,
BUDGET IMPACT
The estimated revenue will be $400,000 to cover the annual seal coating costs,
ACTION REOUESTED
Approve the attached Franchise Fee Ordinances with Minnesota Energy Resources, Dakota
Electric Association, and Xcel Energy,
Respectfully submitted,
Peter J, Herlofsky, Jr,
City Administrator
Attachments:
1, Minnesota Energy Resources Natural Gas Franchise Fee Ordinance
2, a, Dakota Electric Association Electric Franchise Ordinance
b, Dakota Electric Association Electric Franchise Fee Ordinance
3, a, Xcel Energy Electric Franchise Ordinance
b, Xcel Energy Electric Franchise Fee Ordinance
4, Summary of all Ordinances
CmullerlHerlofsky/Council memosIFrancbise Fees 9-20-10
94
Ordinance No.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
NATURAL GAS FRANCmSE FEE ORDINANCE
AN ORDINANCE ESTABLISHING A NATURAL GAS SERVICE FRANCmSE FEE ON
MINNESOTA ENERGY RESOURCES, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, FOR PROVIDING NATURAL GAS SERVICE WITHIN
THE CITY PURSUANT TO ITS FRANCmSE.
THE CITY COUNCn.. OF THE CITY OF FARMINGTON, DAKOTA COUNTY,
MINNESOTA ORDAINS:
SECTION 1. Franchise Fee, In exchange for the franchise granted herein, Grantee (Minnesota
Energy Resources) shall collect from its customers and pay to the Grantor an amount based on
the following fee schedule after adjustment for the net write-off of uncollectible accounts and
corrections of bills theretofore rendered and according to the terms of Section 9 of the Franchise
between City and Company:
CUSTOMER CLASS
FEE
$1,60 /Month/Customer
$15,00 /Month/Customer
$25,00 /Month/Customer
Residential
Commercial Firm
Commercial Interruptible
The amount paid by Grantee shall be in lieu of, and Grantee shall be exempt from, all other
occupation, license, excise or right-of-way permit fees or taxes which the City of Farmington may
impose for the rights and privileges herein granted or for the privilege of doing business within the
City of Farmington, and in the event any such fee, charge, license, tax or assessment shall be
imposed by the Grantor, the payment to be made in accordance with the provisions of this section
shall be reduced in an amount equal to the annual burden of such fee, charge, license, tax or
assessment imposed upon the Grantee, Ad valorem property taxes imposed generally upon all
real and personal property within the City of Farmington shall not be deemed to affect the
obligation of the Grantee under this section,
SECTION 2. Collection ofthe Fee. The fee is an account-based fee on each premise and not a
meter-based fee, In the event that an entity covered by this ordinance has more than one meter at
a single premise, but only one account, only one fee shall be assessed to that account, If a
premise has two or more meters being billed at different rates, the Grantee may have an account
for each rate classification, which will result in more than one franchise fee assessment for natural
gas service to that premise" If the Grantee combines the rate classifications into a single account,
the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate
classification for energy delivered to that premise, In the event any entities covered by the
ordinance have more than one premise, each premise shall be subject to the appropriate fee, In
1
95
the event a question arises as to the proper fee amount for any premise, the Grantee's manner of
billing for energy used at all similar premises in the city will control.
Grantee shall list the local franchise fee collected from customers as a separate item on bills for
utility service issued to customers, If at any time the Minnesota Public Utilities Commission, or
other authority having proper jurisdiction, prohibits such recovery, then Grantee will no longer be
obligated to collect and pay the franchise fee herein contemplated, In addition, the Grantee may
discount or reduce the fee payable for natural gas delivered to a specific customer of the
Company when it is required to reduce the franchise fee to retain the business of that customer,
Modification or reduction ofthe franchise fee should occur if the fee would cause the customer to
cease purchase or transportation deliveries of natural gas from the Company by installing
equipment to access the natural gas supply not subject to the City's franchise fee,
SECTION 3. Pavment of the Fee. The franchise fee shall be payable by the Grantee quarterly
and shall be based on the amount collected by Grantee during complete billing months during the
period for which payment is to be made by imposing a surcharge equal to the designated franchise
fee for the applicable customer classification in all customer billings for natural gas service in each
class, The payment shall be due the last business day of the month following the period for which
the payment is made, No franchise fee shall be payable by the Grantee if the Company is legally
unable to first collect an amount equal to the franchise fee from its customers in each applicable
class of customers by imposing a surcharge in Grantee's applicable rates for natural gas service,
Grantee may pay the Grantor the fee based upon the surcharge billed subject to subsequent
reductions to account for uncollectibles, refunds and correction of erroneous billings,
The Grantee shall provide at the time of each payment a statement summarizing how the franchise
fee payment was determined, Including information showing any adjustments to the total
surcharge billed in the period for which the payment is being made to account for uncollectibles,
refunds or error corrections, Grantee shall make its records available for inspection by the Grantor
at reasonable times provided that the City and its designated representative agree in writing not to
disclose any information which would indicate the amount paid by any identifiable customer or
customers or any other information regarding identified customers
SECTION 4. Surchame. The Grantor recognizes that the Minnesota Public Utilities
Commission allows the utility company to add a surcharge to customer rates to reimburse such
utility company for the cost of the fee and that Grantee will surcharge its customers in the City the
amount of the fee,
SECTION 5. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with the Franchise Agreement,
SECTION 6, Effective Date. The franchise fee shall become effective after publication and
ninety (90) days after written notice to the Company and approval from the Minnesota Public
Utilities Commission, as provided in the Franchise but not before,
2
96
ADOPTED this _day of
ATTEST:
SEAL
Approved as to form the
,2010 by the City Council of the City of Farmington,
CITY OF FARMINGTON
By:
day of
By:
Todd Larson, Mayor
Peter J, Herlofsky, Jr" City Administrator
2010,
By:
City Attorney
3
97
ELECTRIC FRANCmSE ORDINANCE
ORDINANCE NO.
CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO DAKOTA ELECTRIC ASSOCIATION, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF
FARMINGTON, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND
TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE
CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS
AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF FARMINGTON, DAKOTA COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Farmington, County of Dakota, State of Minnesota,
1,2 City Utility System. Facilities used for providing non-energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but
excluding facilities for providing heating, lighting or other forms of energy,
1.3 Commission. The Minnesota Public Utilities Commission, or any successor
agency or agencies, including an agency of the federal government, which preempts all, or part of
the authority to regulate electric retail rates now vested in the Minnesota Public Utilities
Commission,
1.4 Company. Dakota Electric Association, a Minnesota corporation, its successors
and assigns,
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines,
guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company
for the purpose of providing electric energy for public use,
1,6 Notice, A written notice served by one party on the other party referencing one or
more provisions of this Ordinance. Notice to Company shall be mailed to Dakota Electric
Association, 4300 220th Street West, Farmington, MN 55024, Notice to the City shall be mailed
to the City Administrator, City Hall, 430 Third Street, Farmington, MN 55024, Either party may
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change its respective address for the purpose of this Ordinance by written notice to the other
party,
1,7 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public,
1,8 Public Way. Any street, alley, walkway or other public right-of-way within the
City,
SECTION 2. ADOPTION OF FRANCmSE.
2,1 Grant of Franchise, City hereby grants Company, for a period of20 years from the
date passed and approved by the City, the right to transmit and furnish electric energy for light,
heat, power and other purposes for public and private use within and through the limits of the
City as its boundaries now exist or as they may be extended in the future, For these purposes,
Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and
across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance,
Company may do all reasonable things necessary or customary to accomplish these purposes,
subject, however, to such reasonable regulations as may be imposed by the City pursuant to
ordinance and to the further provisions of this franchise agreement,
2,2 Effective Date: Written Acceptance, This franchise agreement shall be in force
and effect from and after passage of this Ordinance, its acceptance by Company, and its
publication as required by law, The City, by Council resolution, may revoke this franchise
agreement if Company does not file a written acceptance with the City within 90 days after
publication,
2.3 Service and Rates, The service to be provided and the rates to be charged by
Company for electric service in City are subject to the jurisdiction of the Commission, The area
within the City in which Company may provide electric service is subject to the provisions of
Minnesota Statutes, Section 216B.4Q,
2.4 Publication Expense, The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company,
2,5 Dispute Resolution, If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy, The notification shall be written, Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute, If the
dispute is not resolved within 30 days of the written notice, the parties may jointly select a
mediator to facilitate further discussion. The parties will equally share the fees and expenses of
this mediator, If a mediator is not used, or if the parties are unable to resolve the dispute within
30 days after first meeting with the selected mediator, either party may commence an action in
District Court to interpret and enforce this franchise or for such other relief as may be permitted
by law or equity for breach of contract, or either party may take any other action permitted by
law,
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SECTION 3. LOCATION. OTHER REGULATIONS.
3,1 Location of Facilities, Electric Facilities shall be located, constructed and
maintained so as not to interfere with the safety and convenience of ordinary travel along and over
Public Ways and so as not to disrupt normal operation of any City Utility System previously
installed therein, Electric Facilities shall be located on Public Grounds as determined by the City,
Company's construction, reconstruction, operation, repair, maintenance and location of Electric
Facilities shall be subject to permits if required by separate ordinance and to other reasonable
regulations of the City to the extent not inconsistent with the terms of this franchise agreement,
Company may abandon underground Electric Facilities in place, provided at the City's request,
Company will remove abandoned metal or concrete encased conduit interfering with a City
improvement project, but only to the extent such conduit is uncovered by excavation as part of
the City improvement project, Abandoned facilities shall be subject to the provision of Minn,
Rule 7819.3300,
3,2 Field Locations and Mapping Information, Company shall provide field locations
for its underground Electric Facilities within City consistent with the requirements of Minnesota
Statutes, Chapter 216D, Subject to the Homeland Security Act, or other confidentiality
protections under state or federal law, the Company shall provide current mapping information for
its Electric Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000
and 7819.4100, The Company shall provide this information electronically in a format mutually
acceptable to the City and Company,
3.3 Street Openings, Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a
separate ordinance, for which the City may impose a reasonable fee, Permit conditions imposed
on Company shall not be more burdensome than those imposed on other utilities for similar
facilities or work, Company may, however, open and disturb any Public Ground or Public Way
without permission from the City where an emergency exists requiring the immediate repair of
Electric Facilities, In such event Company shall notify the City by telephone to the office
designated by the City as soon as practicable. Not later than the second working day thereafter,
Company shall obtain any required permits and pay any required fees,
3.4 Restoration, After undertaking any work requiring the opening of any Public
Ground or Public Way, Company shall restore the same, including paving and its foundation, in
accordance with Minnesota Rules Part 7819.1100, to as good a condition as formerly existed, and
shall maintain any paved surface in good condition for two years thereafter, The work shall be
completed as promptly as weather permits, and if Company shall not promptly perform and
complete the work, remove all dirt, rubbish, equipment and materia~ and put the Public Ground
or Public Way in the said condition, the City shall have, after demand to Company to cure and the
passage of a reasonable period of time following the demand, but not to exceed five days, the
right to make the restoration at the expense of Company. Company shall pay to the City the cost
of such work done for or performed by the City, This remedy shall be in addition to any other
remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives
any requirement for Company to post a construction performance bond, certificate of insurance,
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letter of credit or any other form of security or assurance that may be required, under a separate
existing or future ordinance of the City, of a person or entity obtaining the City's permission to
install, replace or maintain facilities in a Public Way,
3.5 Avoid Damage to Electric Facilities, Nothing in this Ordinance relieves any person
from liability arising out of the failure to exercise reasonable care to avoid damaging Electric
Facilities while performing any activity,
3,6 Notice of Improvements, The City must give Company reasonable notice of plans
for improvements to Public Grounds or Public Ways where the City has reason to believe that
Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the
nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which
the improvements are to be made, (ill) the extent of the improvements, (iv) the time when the City
will start the work, and (v) ifmore than one Public Ground or Public Way is involved, the order in
which the work is to proceed, The notice must be given to Company a sufficient length of time in
advance of the actual commencement of the work to permit Company to make any necessary
additions, alterations or repairs to its Electric Facilities,
3,7 Shared Use of Poles, Company shall make space available on its poles or towers
for City fire, water utility, police or other City facilities upon terms and conditions acceptable to
Company whenever such use will not interfere with the use of such poles or towers by Company,
by another electric utility, by a telephone utility, or by any cable television company or other form
of communication company, In addition, the City shall pay for any added cost incurred by
Company because of such use by City, Any City facilities shall be installed and maintained in
accordance with the National Electrical Safety Code (NESC),
SECTION 4. RELOCATIONS.
4,1 Relocation of Electric Facilities in Public Ways, Company shall comply with the
requirements of Minnesota Rules, Part 7819.3100 and applicable law relating to the relocation of
Electric Facilities in Public Ways, If the City determines to vacate a Public Way, the City shall
give Company reasonable notice of plans to vacate. If a relocation is ordered within five years of
a prior relocation of the same Electric Facilities, which was made at Company expense, the City
shall reimburse Company for non-betterment costs on a time and material basis, provided that if a
subsequent relocation is required because of the extension of a City Utility System to a previously
unserved area, Company may be required to make the subsequent relocation at its expense,
4,2 Relocation of Electric Facilities in Public Ground, City may require Company", at
Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a
finding by City that the Electric Facilities have become or will become a substantial impairment to
the existing or proposed public use of the Public Ground.
4.3 Change to Underground, If required by the City, the Company shall change from
aerial to underground, at City expense based on the Company's time and material costs in any
area where: (1) the City requests underground lines and all other lines hereafter are changed from
aerial to underground, or (2) any aerial line is changed to underground by the open trench method
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and the City requests the Company to share the trench with telephone and/or cable television, and
the Company can share trench at a cost not to exceed the Company's pro rata share ofthe cost of
the trenching, The City may pay any costs incurred hereunder through a surcharge on the
Company's customers located within the City,
4.4 Projects with Federal Funding, Relocation, remova~ or rearrangement of any
Company Electric Facilities made necessary because of the extension into or through City of a
federally-aided highway project shall be governed by the provisions of Minnesota Statutes,
Section 161.46, as supplemented or amended, It is understood that the right herein granted to
Company is a valuable right, City shall not order Company to remove or relocate its Electric
Facilities when a Public Way is vacated, improved or realigned because of a renewal or a
redevelopment plan which is financially subsidized in whole or in part by the Federal Government
or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss
and expense resulting therefrom are first paid to Company, but the City need not pay those
portions of such for which reimbursement to it is not available,
4,5 No Waiver, The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights
obtained by Company for installations within a Company right-of-way acquired by easement or
prescriptive right before the applicable Public Ground or Public Way was established, or
Company's rights under state or county permit.
SECTION 5. TREE TRIMMING.
Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to
the extent Company finds necessary to avoid interference with the proper construction, operation,
repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall
save the City harmless from any liability arising therefrom, and subject to permit or other
reasonable regulation by the City.
SECTION 6. INDEMNIFICATION.
6,1 Indemnity of City, Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the
operation of the Electric Facilities located in the Public Grounds and Public Ways, The City shall
not be indemnified for losses or claims occasioned through its own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or
inspection of, Company's plans or work, The City shall not be indemnified if the injury or damage
results from the performance in a proper manner of acts reasonably deemed hazardous by
Company, and such performance is nevertheless ordered or directed by City after notice of
Company's determination,
6,2 Defense of City, In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Company at its sole cost and expense
shall defend the City in such suit if written notice thereof is promptly given to Company within a
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period wherein Company is not prejudiced by lack of such notice, If Company is required to
indemnify and defend, it will thereafter have control of such litigation, but Company may not
settle such litigation without the consent of the City, which consent shall not be unreasonably
withheld, This section is not, as to third parties, a waiver of any defense or immunity otherwise
available to the City and Company, in defending any action on behalf of the City, shall be entitled
to assert in any action every defense or immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed
vacation ofa Public Way, Except where required for a City improvement project, the vacation of
any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company
of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating
the same and the loss and expense resulting from such relocation are first paid to Company, In no
case, however, shall City be liable to Company for failure to specifically preserve a right-of-way
under Minnesota Statutes, Section 160,29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance, Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance,
SECTION 9. FRANCmSE FEE.
9,1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any
permit or other fees being imposed on Company, the City may impose on Company a franchise
fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from
each customer in the designated Company Customer Class, The parties have agreed that the
franchise fee collected by the Company and paid to the City in accordance with this Section 9
shall not exceed the following amounts,
Class
Fee Per Premise Per Month
Residential
Irrigation
Small General- Non-Dem
General- Demand
Public Street Lighting
C&I Interruptible
$1.60
$2,00
$2,25
$25,00
$6,00
$25,00
9,2 Separate Ordinance, The franchise fee shall be imposed by a separate ordinance
duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after
written notice enclosing such proposed ordinance has been served upon Company by certified
mail, The fee shall not become effective until the beginning of a Company billing month at
least 90 days after written notice enclosing such adopted ordinance has been served upon
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Company by certified mail, and Company has received any necessary approvals from the
Commission, Section 2,5 shall constitute the sole remedy for solving disputes between Company
and the City in regard to the interpretation of, or enforcement of, the separate ordinance, No
action by the City to implement a separate ordinance will commence until this Ordinance is
effective, A separate ordinance which imposes a lesser franchise fee on the residential class of
customers than the maximum amount set forth in Section 9,1 above shall not be effective against
Company unless the fee imposed on each other customer classification is reduced proportionately
in the same or greater amount per class as the reduction represented by the lesser fee on the
residential class,
9.3 Terms Defined For the purpose of this Section 9, the following definitions apply:
9.3,1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as
defined or determined in Company's electric tariffs on file with the Commission,
9.3,2 ''Fee Schedule" refers to the schedule in Section 9,1 setting forth the various
customer classes from which a franchise fee would be collected if a separate ordinance were
implemented immediately after the effective date of this franchise agreement, The Fee Schedule in
the separate ordinance may include new Customer Class added by Company to its electric tariffs
after the effective date of this franchise agreement,
9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based
on the amount collected by Company during complete billing months during the period for which
payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable
customer classification in all customer billings for electric service in each class, The payment shall be
due the last business day of the month following the period for which the payment is made. The
franchise fee may be changed by ordinance from time to time; however, each change shall meet the
same notice requirements and not occur more often than annually and no change shall require a
collection from any customer for electric service in excess of the amounts specifically permitted by this
Section 9, The time and manner of collecting the franchise fee is subject to the approval of the
Commission. No franchise fee shall be payable by Company if Company is legally unable to first
collect an amount equal to the franchise fee from its customers in each applicable class of customers by
imposing a surcharge in Company's applicable rates for electric service, Company may pay the City
the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles,
refunds and correction of erroneous billings, Company agrees to make its records available for
inspection by the City at reasonable times provided that the City and its designated representative agree
in writing not to disclose any information which would indicate the amount paid by any identifiable
customer or customers or any other information regarding identified customers, In addition, the
Company agrees to provide at the time of each payment a statement summarizing how the franchise fee
payment was determined, including information showing any adjustments to the total surcharge billed
in the period for which the payment is being made to account for any uncollectibles, refunds or error
corrections,
9,5 Equivalent Fee Requirement, The separate ordinance imposing the fee shall not be
effective against Company unless it lawfully imposes and the City monthly or more often collects a fee
or tax. of the same or greater equivalent amount on the receipts from sales of energy within the City by
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any other energy supplier, provided that, as to such a supplier, the City has the authority to require a
franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if
practicable, by comparing amounts collected as a franchise fee from each similar customer, or by
comparing, as to similar customers the percentage of the annual bill represented by the amount
collected for franchise fee purposes, The franchise fee or tax shall be applicable to energy sales for any
energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not
apply to energy sales for the purpose of providing fuel for vehicles, If the Company specifically
consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from
another energy supplier in contravention of this Section 9,5, the foregoing conditions will be waived to
the extent of such written consent.
SECTION 10. PROVISIONS OF ORDINANCE.
10,1 Severability, Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part and if any section, provision, or part shall be
held invalid, it shall not affect any other section, provision, or part, Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail,
10,2 Limitation on Applicability, This Ordinance constitutes a franchise agreement
between the City and Company as the only parties, and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of anyone or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto,
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that
the amendment is mutually appropriate, If an amendment is agreed upon, this Ordinance may be
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company's
written consent thereto with the City Clerk within 90 days after the date of final passage by the
City of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCmSES SUPERSEDED.
This franchise supersedes any previous electric franchise granted to Company or its
predecessor,
Passed and approved:
,2010,
Mayor
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Attest:
city Clerk
Date Published:
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Ordinance No.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ELECTRIC FRANCmSE FEE ORDINANCE
AN ORDINANCE ESTABLISHING AN ELECTRIC SERVICE FRANCmSE FEE ON
DAKOTA ELECTRIC ASSOCIATION, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE
CITY PURSUANT TO ITS FRANCmSE.
THE CITY COUNCIL OF THE CITY OF FARMINGTON, DAKOTA COUNTY,
MINNESOTA ORDAINS:
SECTION 1. Franchise Fee, In exchange for the franchise granted herein, Grantee (Dakota
Electric Association) shall collect from its customers and pay to the Grantor an amount based on
the following fee schedule after adjustment for the net write-off of uncollectible accounts and
corrections of bills theretofore rendered, and according to the terms of Section 9 of the Franchise
between City and Company:
Class
Fee Per Premise Per Month
Residential
Irrigation
Small General- Non-Oem
General- Demand
Public Street Lighting
C&I Interruptible
$1.60
$2,00
$2,25
$25,00
$6,00
$25,00
The amount paid by Grantee shall be in lieu of, and Grantee shall be exempt from, all other
occupation, license, excise or right-of-way permit fees or taxes which the City of Farmington may
impose for the rights and privileges herein granted or for the privilege of doing business within the
City of Farmington, and in the event any such fee, charge, license, tax or assessment shall be
imposed by the Grantor, the payment to be made in accordance with the provisions of this section
shall be reduced in an amount equal to the annual burden of such fee, charge, license, tax or
assessment imposed upon the Grantee, Ad valorem property taxes imposed generally upon all
real and personal property within the City of Farmington shall not be deemed to affect the
obligation of the Grantee under this section,
SECTION 2. Collection ofthe Fee: The fee is an account-based fee on each premise and not a
meter-based fee, In the event that an entity covered by this ordinance has more than one meter at
a single premise, but only one account, only one fee shall be assessed to that account, If a
premise has two or more meters being billed at different rates, the Company may have an account
for each rate classification, which will result in more than one franchise fee assessment for electric
1
107
service to that premise" If the Company combines the rate classifications into a single account,
the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate
classification for energy delivered to that premise, In the event any entities covered by the
ordinance have more than one premise, each premise shall be subject to the appropriate fee, In
the event a question arises as to the proper fee amount for any premise, the Company's manner of
billing for energy used at all similar premises in the city will control.
Grantee shall list the local franchise fee collected from customers as a separate item on bills for
utility service issued to customers, If at any time the Minnesota Public Utilities Commission, or
other authority having proper jurisdiction, prohtbits such recovery, then Grantee will no longer be
obligated to collect and pay the franchise fee herein contemplated, In addition, the Company may
discount or reduce the fee payable for electricity delivered to a specific customer of the Company
when it is required to reduce the franchise fee to retain the business of that customer,
Modification or reduction of the franchise fee should occur if the fee would cause the customer to
cease purchasing electricity from the Company by installing equipment to generate or purchase
electricity not subject to the City's franchise fee,
SECTION 3. Payment of the Fee. The franchise fee shall be payable by the Company quarterly
and shall be based on the amount collected by Company during complete billing months during
the period for which payment is to be made by imposing a surcharge equal to the designated
franchise fee for the applicable customer classification in all customer billings for electric service
in each class, The payment shall be due the last business day of the month following the period
for which the payment is made, No franchise fee shall be payable by Company if Company is
legally unable to first collect an amount equal to the franchise fee from its customers in each
applicable class of customers by imposing a surcharge in Company's applicable rates for electric
service, Company may pay the City the fee based upon the surcharge billed subject to subsequent
reductions to account for uncollectibles, refunds and correction of erroneous billings,
The Company shall provide at the time of each payment a statement summarizing how the
franchise fee payment was determined, including information showing any adjustments to the total
surcharge billed in the period for which the payment is being made to account for uncollectibles,
refunds or error corrections, Company shall make its records available for inspection by the City
at reasonable times provided that the City and its designated representative agree in writing not to
disclose any information which would indicate the amount paid by any identifiable customer or
customers or any other information regarding identified customers,
SECTION 4. Surchame. The City recognizes that the Minnesota Public Utilities Commission
allows the utility company to add a surcharge to customer rates to reimburse such utility company
for the cost of the fee and that Company will surcharge its customers in the City the amount of
the fee,
SECTION 5. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with the Franchise Agreement,
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108
SECTION 6. Effective Date. The franchise fee shall become after publication and ninety (90)
days after written notice to the Company, and approval by the Minnesota Public Utilities
Commission, as provided in the Franchise, and thereupon collection of the fee for all Customer
Classes shall commence at the beginning of the Company's billing month,
ADOPTED this _day of
,2010 by the City Council of the City of Farmington,
CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
By:
Peter J, Herlofsky, Jr" City Administrator
Passed and approved by the <<GovBody>> ofthe <<CityType>> of <<Name>>, <<State>> on this _ day
of
<<MayorChr>>
ATTEST:
<<CityType>> Clerk
3
109
ELECTRIC FRANCmSE ORDINANCE
ORDINANCE NO.
CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS
AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND
MAINTAIN IN THE CITY OF FARMINGTON, MINNESOTA, AN ELECTRIC
DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY
POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF
ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO
USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH
PURPOSES.
THE CITY COUNCn... OF THE CITY OF FARMINGTON, DAKOTA COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of Farmington, County of Dakota, State of Minnesota,
1,2 City Utility System. Facilities used for providing non-energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but
excluding facilities for providing heating, lighting or other forms of energy,
1.3 Commission. The Minnesota Public Utilities Commission, or any successor
agency or agencies, including an agency of the federal government, which preempts all, or part of
the authority to regulate electric retail rates now vested in the Minnesota Public Utilities
Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a
Xcel Energy, a Minnesota corporation, its successors and assigns,
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines,
guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company
for the purpose of providing electric energy for public use,
1,6 Notice, A written notice served by one party on the other party referencing one or
more provisions of this Ordinance, Notice to Company shall be mailed to Xcel Energy, 414
Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City
1
110
Administrator, City Hall, 430 Third Street, Farmington, MN 55024, Either party may change its
respective address for the purpose of this Ordinance by written notice to the other party,
1,7 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public,
City,
1.8 Public Way. Any street, alley, walkway or other public right-of-way within the
SECTION 2. ADOPTION OF FRANCmSE.
2,1 Grant of Franchise, City hereby grants Company, for a period of20 years from the
date passed and approved by the City, the right to transmit and furnish electric energy for light,
heat, power and other purposes for public and private use within and through the limits of the
City as its boundaries now exist or as they may be extended in the future, For these purposes,
Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and
across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance,
Company may do all reasonable things necessary or customary to accomplish these purposes,
subject, however, to such reasonable regulations as may be imposed by the City pursuant to
ordinance and to the further provisions of this franchise agreement,
2,2 Effective Date: Written Acceptance, This franchise agreement shall be in force
and effect from and after passage of this Ordinance, its acceptance by Company, and its
publication as required by law, The City", by Council resolution", may revoke this franchise
agreement if Company does not file a written acceptance with the City within 90 days after
publication,
2.3 Service and Rates, The service to be provided and the rates to be charged by
Company for electric service in City are subject to the jurisdiction of the Commission, The area
within the City in which Company may provide electric service is subject to the provisions of
Minnesota Statutes, Section 2l6B.40,
2.4 Publication Expense, The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company,
2,5 Dispute Resolution, If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy, The notification shall be written, Representatives of the parties
must promptly meet and attempt in good faith to negotiate a resolution of the dispute, If the
dispute is not resolved within 30 days of the written notice, the parties may jointly select a
mediator to facilitate further discussion, The parties will equally share the fees and expenses of
this mediator, If a mediator is not used", or if the parties are unable to resolve the dispute within
30 days after first meeting with the selected mediator, either party may commence an action in
District Court to interpret and enforce this franchise or for such other relief as may be permitted
by law or equity for breach of contract, or either party may take any other action permitted by
law,
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SECTION 3. LOCATION. OTHER REGULATIONS.
3,1 Location of Facilities, Electric Facilities shall be located, constructed and
maintained so as not to interfere with the safety and convenience of ordinary travel along and over
Public Ways and so as not to disrupt normal operation of any City Utility System previously
installed therein, Electric Facilities shall be located on Public Grounds as determined by the City,
Company's construction, reconstruction, operation, repair, maintenance and location of Electric
Facilities shall be subject to permits if required by separate ordinance and to other reasonable
regulations of the City to the extent not inconsistent with the terms of this franchise agreement,
Company may abandon underground Electric Facilities in place, provided at the City's request,
Company will remove abandoned metal or concrete encased conduit interfering with a City
improvement project, but only to the extent such conduit is uncovered by excavation as part of
the City improvement project. Abandoned facilities shall be subject to the provision of Minn,
Rule 7819,
3,2 Field Locations and Mapping Information, Company shall provide field locations
for its underground Electric Facilities within City consistent with the requirements of Minnesota
Statutes, Chapter 2160, Subject to the Homeland Security Act, or other confidentiality
protections under state or federal law, the Company shall provide current mapping information for
its Electric Facilities in accordance with the requirements of Minnesota rules Part s7819.4000 and
7819.4100, The Company shall provide this information electronically in a format mutually
acceptable to the the City and Company,
3.3 Street Openings, Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a
separate ordinance, for which the City may impose a reasonable fee, Permit conditions imposed
on Company shall not be more burdensome than those imposed on other utilities for similar
facilities or work. Company may, however, open and disturb any Public Ground or Public Way
without permission from the City where an emergency exists requiring the immediate repair of
Electric Facilities, In such event Company shall notify the City by telephone to the office
designated by the City as soon as practicable, Not later than the second working day thereafter,
Company shall obtain any required permits and pay any required fees,
3.4 Restoration, After undertaking any work requiring the opening of any Public
Ground or Public Way, Company shall restore the same, including paving and its foundation, in
accordance with Minnesota Rules Part 7819,1100, to as good a condition as formerly existed, and
shall maintain any paved surface in good condition for two years thereafter, The work shall be
completed as promptly as weather permits, and if Company shall not promptly perform and
complete the work, remove all dirt, rubbish, equipment and materia~ and put the Public Ground
or Public Way in the said condition, the City shall have, after demand to Company to cure and the
passage of a reasonable period of time following the demand, but not to exceed five days, the
right to make the restoration at the expense of Company, Company shall pay to the City the cost
of such work done for or performed by the City, This remedy shall be in addition to any other
remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives
any requirement for Company to post a construction performance bond, certificate of insurance,
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letter of credit or any other form of security or assurance that may be required, under a separate
existing or future ordinance of the City, of a person or entity obtaining the City's permission to
install, replace or maintain facilities in a Public Way,
3.5 Avoid Damage to Electric Facilities, Nothing in this Ordinance relieves any person
from liability arising out of the failure to exercise reasonable care to avoid damaging Electric
Facilities while performing any activity,
3,6 Notice of Improvements, The City must give Company reasonable notice of plans
for improvements to Public Grounds or Public Ways where the City has reason to believe that
Electric Facilities may affect or be affected by the improvement, The notice must contain: (i) the
nature and character of the improvements, (ll) the Public Grounds and Public Ways upon which
the improvements are to be made, (ill) the extent of the improvements, (iv) the time when the City
will start the work, and (v) ifmore than one Public Ground or Public Way is involved, the order in
which the work is to proceed, The notice must be given to Company a sufficient length of time in
advance of the actual commencement of the work to permit Company to make any necessary
additions, alterations or repairs to its Electric Facilities,
3,7 Shared Use of Poles, Company shall make space available on its poles or towers
for City fire, water utility, police or other City facilities upon terms and conditions acceptable to
Company whenever such use will not interfere with the use of such poles or towers by Company,
by another electric utility, by a telephone utility, or by any cable television company or other form
of communication company, In addition, the City shall pay for any added cost incurred by
Company because of such use by City, Any City facilities shall be installed and maintained in
accordance with the National Electrical Safety Code (NESC),
SECTION 4. RELOCATIONS.
4,1 Relocation of Electric Facilities in Public Ways, Company shall comply with the
requirements of Minnesota Rules, Part 7819.3100 and applicable law relating to the relocation of
Electric Facilities in Public Ways, If the City determines to vacate a Public Way, the City shall
give Company reasonable notice of plants to vacate, If a relocation is ordered within five years or
a prior relocation of the same Electric Facilities, which was made at Company expense, the City
shall reimburse Company for non-betterment costs on a time and material basis, provided that if a
subsequent relocation is required because of the extension of a City Utility System to a previously
unserved area, Company may be required to make the subsequent relocation at its expense,
4.2 Relocation of Electric Facilities in Public Ground, City may require Company", at
Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a
finding by City that the Electric Facilities have become or will become a substantial impairment to
the existing or proposed public use of the Public Ground,
4.3 Change to Underground, If required by the City, the Company shall change from
aerial to underground, at City expense based on the Company!) time and material costs in any
area where: (1) the City requests underground lines and all other lines hereafter are changed from
aerial to underground, or (2) any aerial line is changed to underground by the open trench method
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and the City requests the Company to share the trench with telephone and/or cable television, and
the Company can share trench at a cost not to exceed the Company!) pro rata share of the cost of
the trenching, The City may pay any costs incurred hereunder through a surcharge on the
Company's customers located within the City,
4.4 Protects with Federal Funding, Relocation, remova~ or rearrangement of any
Company Electric Facilities made necessary because of the extension into or through City of a
federally-aided highway project shall be governed by the provisions of Minnesota Statutes,
Section 161.46, as supplemented or amended, It is understood that the right herein granted to
Company is a valuable right, City shall not order Company to remove or relocate its Electric
Facilities when a Public Way is vacated, improved or realigned because of a renewal or a
redevelopment plan which is financially subsidized in whole or in part by the Federal Government
or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss
and expense resulting therefrom are first paid to Company, but the City need not pay those
portions of such for which reimbursement to it is not available,
4,5 No Waiver, The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights
obtained by Company for installations within a Company right-of-way acquired by easement or
prescriptive right before the applicable Public Ground or Public Way was established, or
Company's rights under state or county permit,
SECTION 5. TREE TRIMMING.
Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to
the extent Company finds necessary to avoid interference with the proper construction, operation,
repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall
save the City harmless from any liability arising therefrom, and subject to permit or other
reasonable regulation by the City,
SECTION 6. INDEMNIFICATION.
6,1 Indemnity of City, Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the
operation of the Electric Facilities located in the Public Grounds and Public Ways, The City shall
not be indemnified for losses or claims occasioned through its own negligence except for losses or
claims arising out of or alleging the City's negligence as to the issuance of permits for, or
inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage
results from the performance in a proper manner:, of acts reasonably deemed hazardous by
Company, and such performance is nevertheless ordered or directed by City after notice of
Company's determination,
6,2 Defense of City, In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Company at its sole cost and expense
shall defend the City in such suit if written notice thereof is promptly given to Company within a
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period wherein Company is not prejudiced by lack of such notice, If Company is required to
indemnify and defend, it will thereafter have control of such litigation, but Company may not
settle such litigation without the consent of the City, which consent shall not be unreasonably
withheld, This section is not, as to third parties, a waiver of any defense or immunity otherwise
available to the City and Company, in defending any action on behalf of the City", shall be entitled
to assert in any action every defense or immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed
vacation ofa Public Way, Except where required for a City improvement project, the vacation of
any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company
of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating
the same and the loss and expense resulting from such relocation are first paid to Company, In no
case, however, shall City be liable to Company for failure to specifically preserve a right-of-way
under Minnesota Statutes, Section 160,29,
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance, Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance,
SECTION 9. FRANCmSE FEE.
9.1 Fee Schedule, During the tenn of the franchise hereby granted, and in lieu of any
permit or other fees being imposed on Company, the City may impose on Company a franchise fee
by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each
customer in the designated Company Customer Class. The parties have agreed that the franchise
fee collected by the Company and paid to the City in accordance with this Section 9 shall not
exceed the following amounts.
Class
Fee Per Premise Per Month
Residential
Sm C & I - Non-Dem
Sm C & I -Demand
Large C & I
Public Street Ltg
Muni Pumping -N /D
MuniPumping - Dem
$1.60
$2.25
$25.00
$75.00
$6.00
$0.50
$10.00
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9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance
duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after
written notice enclosing such proposed ordinance has been served upon Company by certified mail.
The fee shall not become effective until the beginning of a Company billing month at least 90 days
after written notice enclosing such adopted ordinance has been served upon Company by certified
mail, and Company has received any necessary approvals from the Commission, Section 2.5 shall
constitute the sole remedy for solving disputes between Company and the City in regard to the
interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a
separate ordinance will commence until this Ordinance is effective. A separate ordinance which
imposes a lesser franchise fee on the residential class of customers than the maximum amount set
forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each
other customer classification is reduced proportionately in the same or greater amount per class as
the reduction represented by the lesser fee on the residential class.
9.3 Terms Defined For the purpose of this Section 9, the following definitions apply:
9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as
defined or determined in Company's electric tariffs on file with the Commission.
9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various
customer classes from which a franchise fee would be collected if a separate ordinance were
implemented immediately after the effective date of this franchise agreement. The Fee Schedule in
the separate ordinance may include new Customer Class added by Company to its electric tariffs
after the effective date of this franchise agreement.
9.4 Collection of the Fee, The franchise fee shall be payable quarterly and shall be based
on the amount collected by Company during complete billing months during the period for which
payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable
customer classification in all customer billings for electric service in each class. The payment shall be due
the last business day of the month following the period for which the payment is made. The franchise
fee may be changed by ordinance from time to time; however, each change shall meet the same notice
requirements and not occur more often than annually and no change shall require a collection from any
customer for electric service ~ excess of the amounts specifically pennitted by this Section 9, The time
and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise
fee shall be payable by Company if Company is legally unable to first collect an amount equal to the
franchise fee from its customers in each applicable class of customers by imposing a surcharge in
Company's applicable rates for electric service. Company may pay the City the fee based upon the
surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of
erroneous billings. Company agrees to make its records available for inspection by the City at reasonable
times provided that the City and its designated representative agree in writing not to disclose any
information which would indicate the amount paid by any identifiable customer or customers or any
other information regarding identified customers. In addition, the Company agrees to provide at the
time of each payment a statement summarizing how the franchise fee payment was determined,
including information showing any adjustments to the total surcharge billed in the period for which the
payment is being made to account for any uncollectibles, refunds or error corrections.
9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be
effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or
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tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any
other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise
fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by
comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to
similar customers the percentage of the annual bill represented by the amount collected for franchise fee
purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to
heating, cooling or lighting, or to ron machinery and appliances, but shall not apply to energy sales for
the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise
or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention
of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent.
SECTION 10. PROVISIONS OF ORDINANCE.
10,1 Severability, Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part and if any section, provision, or part shall be
held invalid, it shall not affect any other section, provision, or part, Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail,
10,2 Limitation on Applicability, This Ordinance constitutes a franchise agreement
between the City and Company as the only parties}, and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of anyone or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto,
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that
the amendment is mutually appropriate, If an amendment is agreed upon, this Ordinance may be
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company's
written consent thereto with the City Clerk within 90 days after the date of final passage by the
City of the amendatory ordinance,
SECTION 12. PREVIOUS FRANCmSES SUPERSEDED.
This franchise supersedes any previous electric franchise granted to Company or its
predecessor,
Passed and approved:
,2010,
Mayor
Attest:
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City Clerk
Date Published:
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Ordinance No.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ELECTRIC FRANCHISE FEE ORDINANCE
AN ORDINANCE ESTABUSHING AN ELECTRIC SERVICE FRANCHISE FEE ON
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION,
D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING
ELECTRIC SERVICE WITHIN THE CITY PURSUANT TO ITS FRANCHISE.
THE CITY COUNCIL OF THE CITY OF FARMINGTON, DAKOTA COUNTY,
MINNESOTA ORDAINS:
SECTION 1. Franchise Fee. In exchange for the franchise granted herein, Northern States
Power Company, a Minnesota corporation (NSP) and City of Farmington (City) shall collect from
its customers and pay to the City an amount based on the following fee schedule after adjustment
for the net write-off of uncollectible accounts and corrections of bills theretofore rendered, and
according to the tettns of Section 9 of the Franchise between City and Company:
Class
Fee Per Premise Per Month
Residential
Small General- Non-Demand
Small C&I Demand
Large C&I
Public Street Lighting
Municipal Pumping Non-Demand
Municipal Pumping
$ 1.60
$ 2.25
$ 25.00
$ 75.00
$ 6.00
$ ,50
$ 10.00
The amount paid by NSP shall be in lieu of, and NSP shall be exempt from, all other occupation,
license, excise or right-of-way pennit fees or taxes which the City of Farmington may impose for
the rights and privileges herein granted or for the privilege of doing business within the City of
Farmington, and in the event any such fee, charge, license, tax or assessment shall be imposed by
the City, the payment to be made in accordance with the provisions of this section shall be reduced
in an amount equal to the annual burden of such fee, charge, license, tax or assessment imposed
upon the NSP. Ad valorem property taxes imposed generally upon all real and personal property
within the City of Farmington shall not be deemed to affect the obligation of the NSP under this
section.
SECTION 2, Collection of the Fee: The fee is an account-based fee on each premise and not a
meter-based fee. In the event that an entity covered by this ordinance has more than one meter at
a single premise, but only one account, only one fee shall be assessed to that account. If a premise
has two or more meters being billed at different rates, the Company may have an account for each
rate classification, which will result in more than one franchise fee assessment for electric service to
that premise,. If the Company combines the rate classifications into a single account, the franchise
fee assessed to the account will be the largest franchise fee applicable to a single rate classification
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for energy delivered to that premise. In the event any entities covered by the ordinance have more
than one premise, each premise shall be subject to the appropriate fee. In the event a question
arises as to the proper fee amount for any premise, the Company's manner of billing for energy
used at all similar premises in the city will control.
NSP shall list the local franchise fee collected from customers as a separate item on bills for utility
service issued to customers. If at any time the Minnesota Public Utilities Commission, or other
authority having proper jurisdiction, prohibits such recovery, then NSP will no longer be obligated
to collect and pay the franchise fee herein contemplated. In addition, the Company may discount
or reduce the fee payable for electricity delivered to a specific customer of the Company when it is
required to reduce the franchise fee to retain the business of that customer. Modification or
reduction of the franchise fee should occur if the fee would cause the customer to cease purchasing
electricity from the Company by installing equipment to generate or purchase electricity not subject
to the City's franchise fee.
SECTION 3. Payment of the Fee. The franchise fee shall be payable by the Company quarterly
and shall be based on the amount collected by Company during complete billing months during the
period for which payment is to be made by imposing a surcharge equal to the designated franchise
fee for the applicable customer classification in all customer billings for electric service in each class,
The payment shall be due the last business day of the month following the period for which the
payment is made. No franchise fee shall be payable by Company if Company is legally unable to
first collect an amount equal to the franchise fee from its customers in each applicable class of
customers by imposing a surcharge in Company's applicable rates for electric service. Company may
pay the City the fee based upon the surcharge billed subject to subsequent reductions to account
for uncollectibles, refunds and correction of erroneous billings.
The Company shall provide at the time of each payment a statement summarizing how the
franchise fee payment was detennined, including infonnation showing any adjustments to the total
surcharge billed in the period for which the payment is being made to account for uncollectibles,
refunds or error corrections. Company shall make its records available for inspection by the City at
reasonable times provided that the City and its designated representative agree in writing not to
disclose any infonnation which would indicate the amount paid by any identifiable customer or
customers or any other infonnation regarding identified customers.
SECTION 4. Surcharge, The City recognizes that the Minnesota Public Utilities Commission
allows the utility company to add a surcharge to customer rates to reimburse such utility company
for the cost of the fee and that Company will surcharge its customers in the City the amount of the
fee.
SECTION 5, Enforcement. Any dispute, including enforcement of a default regarding this
ordinance will be resolved in accordance with the Franchise Agreement.
SECTION 6, Effective Date. The franchise fee shall become after publication and ninety (90)
days after written notice to the Company, and approval by the Minnesota Public Utilities
Commission, as provided in the Franchise, and thereupon collection of the fee for all Customer
Classes shall commence at the beginning of the Company's billing month.
ADOPTED this _day of
,2010 by the City Council of the City of Fannington.
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CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
By:
Peter J. Herlofsky, Jr., City Administrator
Passed and approved by the City Council of the City of Farmington, State of Minnesota on
, 2010.
Mayor
Attest:
City Administrator
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NOS.
ORDINANCES RENEWING GAS AND ELECTRIC FRANCHISES WITH DAKOTA
ELECTRIC ASSOCIATION AND NORTHERN STATES POWER D/B/A XCEL
ENERGY, AND ESTABLISHING FRANCmSE FEE SCHEDULES FOR THE
PROVISION OF GAS AND ELECTRIC SERVICES BY DAKOTA ELECTRIC
ASSOCIATION, MINNESOTA ENERGY RESOURCES CORPORATION, AND
NORTHERN STATES POWER D/B/A XCEL ENERGY
NOTICE IS HEREBY GIVEN that, on , Ordinance Nos,
were adopted by the City Council ofthe City of Farmington, Minnesota,
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance Nos,
, the following summary of the ordinances has been prepared for publication, and that
copies ofthe ordinances are available for inspection by the public at the City Clerk's office,
NOTICE IS FURTHER GIVEN that the City has renewed franchises with Dakota
Electric Association ("DEA") and Northern States Power d/b/a Xcel Energy ("Xcel"), The terms
of the two renewal franchises are essentially the same and grant each company a 20 year
franchise to transmit and furnish gas or electric energy for public and private use within or
through the City, The renewal franchises provide for the orderly location and relocation of
facilities within public rights of way and public grounds, relocation and restoration offacilities
and rights of way, and abandonment and subsequent removal of abandoned facilities in
accordance with Minnesota Rule 7819.3300, The renewal franchises require the provision of
field location and mapping information by the companies, Other provisions provide for street
openings for repair or other purposes with prior permit of the City or without prior permit in
exigent circumstances, tree trimming, company indemnification of the City, and notice
procedures for the City's vacation of public ways, Each of the franchises is accompanied by a
franchise fee ordinance, and another, separate ordinance extends the fee to Minnesota Energy
Resources Corporation, whose franchise to operate in the City is still current.
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The franchise fee ordinances impose fees related to gas and electric services as follows:
DEA fee schedule:
Class
Fee Per Premise Per Month
Residential
Irrigation
Small General- Non-Dem
General- Demand
Public Street Lighting
C&I Interruptible
$1.60
$2,00
$2,25
$25,00
$6,00
$25,00
MERe fee schedule:
Residential
Commercial Firm
Commercial Interruptible
$1.60/Month/Customer
$15,00 /Month/Customer
$25,00_ /Month/Customer
Xcel fee schedule:
Class
Fee Per Premise Per Month
Residential
Small General- Non-Demand
Small C&I Demand
Large C&I
Public Street Lighting
Municipal Pumping Non-Demand
Municipal Pumping
$1.60
$2,25
$25,00
$75,00
$6,00
$0,50
$10,00
APPROVED for publication by the City Council of the City of Farmington this 20th
day of September, 2010.
CITY OF FARMINGTON
By:
Todd Larson, Mayor
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By:
Peter J, Herlofsky, Jr" City Administrator
Approved as to form this _ day of
,2010,
By:
Joel J, Jamnik, City Attorney
Published in the Farmington Independent the _ day of
,2010,
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/3~
Peter Herlofsky
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
CIndy Muller
Friday, September 03, 2010 11:27 AM
Peter Herlofsky
FW: tornado hero
Follow up
Flagged
Cynthia Muller
Executive Assistant
City of Farmington
430 Third Street
Farmington, MN 55024
Tel: 651-280-6803
Fax: 651-280-6899
From: Mary Vanomy l . II r. _ J
Sent: Friday, September 03,201010:11 AM
To: Cindy Muller
Subject: tornado hero
Hi Cindy -
I am a victim of the recent tornado--our home on Embers avenue was destroyed, As we've been rebuilding
though, I have been going through the details of that Friday night when the tornado ripped through our
neighborhood, There was a gas leak at the house next to ours, and when we smelled it, we ran across the street
to another neighbor's home, A few minutes later, we could see across to our home and a man was standing on
the doorstep pounding on our door, We screamed through the storm. for him to come over, which he did, It was
our neighbor, Steve (Borntrager), who lives 2 houses behind ours. He had come out in the storm. to see if
anyone needed help, heard the gas leak, and came to our home and each of our neighbors houses to evacuate us.
After seeing we were okay, he continued on to each house around the gas leak to evacuate. The man has 4
children at home, and yet he risked his life to make sure we were out of our house, as well as all the rest of our
surrounding neighbors,
We have, of course, thanked him for the courage and compassion for people he hardly even knew (we had just
moved into our home last fall), But I am wondering if the City of Farmington or the police department has any
special honors for someone like Steve. The man really risked his life for all of us, and I feel like he should be
recognized for that. If it's just by us in our neighborhood, that's fine, but just thought I would ask if the City has
any program that could add to this recognition,
I wasn't sure who to contact, so I'm hoping if you're not the right person to receive this email, you can either let
me know, or forward it on to the appropriate department.
thank you very much,
Mary Vanorny
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