HomeMy WebLinkAbout12.04.00 Council Packet
COUNCIL MEETING
REGULAR
December 4, 2000
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS
a) Citizen Recognition - Police Department
6. CITIZEN COMMENTS (Open for Audience Comments)
a) Burning Permit Issuance Request - Community Development
b) County Road 72 Assessments - Citizen Request - Administration
7. CONSENT AGENDA
a) Approve Council Minutes (11/20100) (Regular), (11/8100) (Special)
b) Accept 2000 CIP Status Report - Administration
c) Appointment Recommendation - Public Works
d) Appointment Recommendation - Parks and Recreation
e) Capital Outlay - Fire Department
f) Consider Resolution - Tree City USA Application - Parks and Recreation
g) Approve Bills
8. PUBLIC HEARINGS
a) Truth in Taxation Hearing - Finance Department
9. AWARDOFCONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Consider Developer Request Building Permit Issuance - Farmington Family
Townhomes - Community Development
b) Consider Developer Request for Feasibility Report - 195th Street - Public
Works
11. UNFINISHED BUSINESS
a) Consider Adoption Adult Entertainment Ordinance - Community
Development
12. NEW BUSINESS
a) Consider Approval of Joint Powers Agreement Dakota County Narcotics Task
Force - Police Department
b) Consider Issuance of Certificates of Indebtedness - Finance Department
c) Public Facilities Site Planning and Project Budget Update - Administration
Action Taken
Rec()~ized
Iriformation. Received
DeftrralDenied
Approved
Accepted
Ratified
Ratified
Information Received
R96..00
Approved
Iriformation Received
Authorized
R97..00
R98..00
Ord 000..457
Approved
R99..00
Authorized
13. COUNCIL ROUNDTABLE
14. ADJOURN
~ ~
5a.,
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.c1.farmington.mn.us
FROM:
Mayor, Councilmembers and
City Administrator~
Daniel M. Siebenaler
Chief of Police
TO:
SUBJECT:
Citizen Recognition
David Scott Blaiser
DATE:
December 4, 2000
INTRODUCTION / DISCUSSION
On November 4t\ 2000 officers of the Farmington Police Department responded to a call of a suspicious
person in the area of 3rd and Main Streets. Upon arrival the officers were confronted by an extremely
violent person. When that first suspect was handcuffed and under control the officers heard a second
individual yelling belligerently and acting irrationally a distance away in the 300 block of Main St.
While two officers maintained control of the initial suspect, Officer Gary Deutschle responded alone to
speak with the second individual. Immediately upon his arrival Officer Deutschle was confronted by the
suspect and attempted to verbally order him to the ground without success. The second suspect was also
under the influence of a controlled substance and was not responsive to the officer's orders. A physical
confrontation followed.
During the course of the brief fight with the suspect, a resident in the vicinity observed the situation and
could see that the officer needed help. Without concern for himself, Mr. David Blaiser left the safety of
his home and went to the aid of the officer. By the time other officers arrived to help, Officer Deutschle
and Mr. Blaiser had the second suspect under control.
It is a rare occurrence when a private citizen, such as Mr. Blaiser, comes forward and places himself in
harms way to assist a police officer. The importance of his help in this instance is only heightened by the
fact that the suspect was under the influence of a controlled substance (LSD), which made him even more
dangerous to the officer and himself.
It has been said that a Police Department does not create the image of a community, but acts as a mirror,
reflecting the image of the community it serves. The Farmington Police Department is proud to reflect the
values of a community characterized by the acts of Mr. David Blaiser.
ACTION REQUESTED
The City of Farmington wishes to publicly thank and commend Mr. David Scott Blaiser for his unselfish
act of bravery in assistance to a member of the Farmington Police Department, and present Mr. David
Blaiser with the City of Farmington Meritorious Service Award.
~~~E!fu:!~ ~ubmitted,
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....~,~~}~~,.
Daniel M. Siebenaler
Chief of Police
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.c:i.farmington.mn.us
CCP
TO: Mayor and Councilmembers
City Administrator1~/
FROM: David L. Olson
Community Development Director
SUBJECT: Citizen Comment - Burning Permit Issuance Request
DATE: December 4, 2000
INTRODUCTION
Al Deaton of 18775 Pilot Knob Road appeared at the November 20, 2000 City Council
meeting and expressed concerns regarding issuance of a Burning Permit.
DISCUSSION
Attached please find a memo from Matt Brokl, Assistant City Attorney addressing several
of the issues raised by Mr. Deaton. The memo addresses issues regarding the previous
citation that was issued, the disposition of that citation in District Court and the
conditions regarding the issuance of a new Recreation Burning Permit. Also attached is
copy of a letter from Fire Marshal Brad Schmoll which indicates his and the Fire Chiefs
willingness to meet with Mr. Deaton and Ms. Schwartz and outlines the requirements for
Recreation Burning Permits in the City.
After this meeting has taken place and Mr. Deaton and Ms. Schwartz agree to the
requirements for Recreational Burning Permits in the City of Farmington, a permit will be
issued.
ACTION REOUESTED
For information only.
cc: Al Deaton, 18775 Pilot Knob Road
Memo
To: Farmington City Council, John Erar, and David Olson
From: Matt Brokl, Assistant City attorney
Date: 11/28/00
Re: Open Burning ordinance: Mr. AI Deaton
I write to respond to comments made by Mr. AI Deaton at the last City Council
meeting.
My first contact with Mr. Deaton occurred in court on the day of his trial at the
Hastings Court House. Mr. Deaton was charged with leaving a fire unattended and
having a fire without the required permit. Both charges were misdemeanor offenses.
Mr. Deaton sat in a conference room with me while I telephoned Brad Schmoll, the
City Fire Marshal. Mr. Deaton was concemed about his attempts to obtain a buming
permit for future use. Mr. Deaton, Brad Schmoll and I discussed the matter and it
was agreed that after the criminal case was completed Mr. Deaton would meet with
Brad Schmoll to review the City's requirements and conditions for obtaining a burning
permit. No promise was made regarding the issuance of a permit. On the criminal
matter I negotiated an agreement with Mr. Deaton whereby he pleaded guilty to
permitting an unattended fire. The other charge was dismissed and Mr. Deaton paid
a fine. No court record exists regarding the potential meeting between Mr. Deaton
and Brad Schmoll because the resolution of the criminal case had nothing at all to do
with the future meeting between the parties.
After the court matter, Mr. Deaton called me to complain that he could not
meet with Brad Schmoll during business hours, and he just wanted a permit to be
issued to him. I told him he had to meet with Brad Schmoll. Mr. Deaton was not very
happy and he told me this was a big "joke" and that Brad Schmoll was "out to get
him." I told Mr. Deaton this was no joke and that if he wanted a permit he had to
reach an agreement or understanding with Brad Schmoll before the City would
consider his request. Mr. Deaton indicated this issue was being blown out of
proportion. I said that the matter was becoming more complicated but that it could be
handled simply if he would meet with Brad Schmoll, and if issued a permit, that he
abide by the terms of the permit. Mr. Deaton said he wanted to file a complaint about
this issue and I directed him to City Hall.
The burning permit issue has been reviewed by Brad Schmoll, David Olson,
John Erar and me and the conclusion remains the same; If Mr. Deaton wants a
permit, he must first meet with City staff. If issued a permit, Mr. Deaton must abide
by its terms.
rXB'r M.~. 1'16rOI rI'Bo~ .DEPIBrM~rE"I'T
~A ~ rr ~ .... ~ ~ Ii, ~ ~,~ =~~ ~ .a.......,Jl.1 ~
Established 1880
325 Oak Street
Farmington, Minnesota 55024
November 27,2000
Ms. Kimberly A. Schwartz &
Mr. Alan L. Deaton
18775 Pilot Knob Road
Farmington, MN 55024
t~[?y
Re: Request for Recreational Burn Permit
Dear Ms. Schwartz & Mr. Deaton,
Please be advised, in order to obtain a recreational fIre permit, it will be necessary that both of
you meet with Fire Chief Ken Kuchera and myself at City Hall. Please call either the fIre chief or
myself to schedule such a meeting. The meeting must be scheduled during staff hours of 8:00
AM to 4:30 PM most Thursdays and Fridays.
The purpose of the meeting will be to go over the parameters of the minimum requirements of the
Uniform Fire Code and all local requirements that pertain to the recreational permit that the both
of you are requesting. This meeting was indicated as a requirement to you by Matt Brokl,
Assistant City Attorney, as a condition to your plea on the recently unattended burning citation.
Also, in order to receive the permit that you are requesting, the property owner or fee owner must
sign the permit along with the individual who has requested such permit. Furthermore, it will be
the property owner's responsibility along with the individual who has requested such permit to
strictly adhere to the requirements of the Uniform Fire Code and all local requirements as
established by the City of Farmington.
#1: The requirements for recreational fires in the City of Farmington are as follows:
Recreational fIre site-requirements as set forth through local fIre code requirements and state law:
Is an area of no more than a three- (3) foot diameter circle (measured from the inside of the fITe
ring or border), and completely surrounded by non-combustible and non-smoke odor producing
material. Such as, natural rock, cement, brick, tile or block ferrous metal only and which the area
is depressed below the ground or on the ground. Recreational fIre sites shall not be located closer
than twenty-five (25) feet to any structure. Burners, burn barrels and portable fireplaces are
prohibited and are not considered recreational fITe sites.
#2: Fire Extinguishing Equipment: Buckets, Shovels, Garden hoses or a fIre extinguisher with a
minimum rating of at least a 4A- 60BC shall be available for use at all times during a recreational
bum.
#3: Attendance: recreational fires shall be constantly attended at all times by a person
lrnowledgeable in the use of the fIre extinguishing equipment required by the Uniform Fire Code.
An attendant shall supervise a recreational fire until such fITe has been completely extinguished.
#4: Discontinuance: The Fire Chief or the Authority Having Jurisdiction is authorized to require
that recreational fires, open burning and or permits be immediately discontinued if the Chief or
the Authority Having Jurisdiction determines that smoke emissions are offensive to occupants of
surrounding property, or if it constitutes a hazardous condition.
#5: Winds must be less than five (5) MPH.
#6: An adult shall be in attendance at all times.
#7: The smoke cannot offend anyone.
#8: Only Firewood can be burned; No Leaves Yard, Waste, Paper, Garbage or other Flammable
Materials are allowed. In addition, Prohibited burning materials are: Oil, rubber, plastics,
tires, Chemically treated materials such as railroad ties, treated lumber, composite shingles, tar
paper, insulation, composition board, leaves, hazardous waste, or trash.
#9: Daily hours permitted for burning are 6:00 AM to 10:00 PM.
In consideration for granting such a permit, the property owner agrees as follows:
The property owner will defend, indemnify, and hold harmless the City of Farmington, its Fire
Marshal, officers, agents, employees, and contractors from any and all liability, loss, cost,
damages, expense, claims, or actions which the City or its Fire Marshal, Fire Chief may sustain.
Permit Holder Responsibility: The permit holder is responsible for compliance and
implementation of all general conditions, and special conditions as established in the permit
issued. The permit holder shall be responsible for all costs incurred as a result of the burn
including, but not limited to, fire suppression and administrative fees.
Recreational Fire Permits are only valid for one year prior to meeting all the minimum
requirements as set forth through State Codes and local requirements. In addition, for your
convenience the City has included the necessary permit that is required to be filled out and signed
by both parties.
If you should need any further assistance, you may contact Fire Chief Ken Kuchera or myself at
the numbers listed below.
Sincerely,.....,
,? /" /;/ 0./ '
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Brad C. Schmoll
Farmington Fire Marshal.
(651) 463-1840
cc: Ken Kuchera, Farmington Fire Chief, (651) 463-4771
Matt Brokl, Assistant City Attorney
file
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
Cb
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: County Road 72 Project - Citizen Request
DATE: December 4, 2000
INTRODUCTION
At the November 20, 2000 Council meeting, Mrs. Elaine Schultz, the former owner of property
located at 3403 213 th Street, appeared before the City Council to request a deferral, waiver or
reduction of special assessments against this property which is comprised of two (2) separate
lots.
The lot in question was assessed for improvements associated with storm sewer and street
improvements and presently houses a storage shed structure, along with access to 213th Street
(formerly County Road 72). A previous request raised by Mr. and Mrs. Schultz for the deferment
of assessments for water and sanitary sewer against this lot was granted at the public hearing
scheduled on October 2, 2000. However, it was concluded during the special assessment process
that given the fact that the lot in question accesses 213th Street (formerly C.R. 72) and that there
is currently a structure on the lot, project benefit in the form of street and storm sewer
improvements was appropriately conferred.
DISCUSSION
The issue raised by Mrs. Schultz at this time is for an additional deferment, waiver or reduction
of special assessments for road and storm sewer improvements on the subject lot. Deferments of
special assessments are typically granted for undeveloped property. Similarly, a waiver is
typically not granted for taxable property and a reduction in a special assessment is only
considered subject to statutory guidelines when the assessment exceeds the benefit conferred by
the public improvement.
In this particular situation, the property supports a storage shed and has driveway access to the
public improvements. The subject lot is further developable and would support a single-family
housing structure upon demolition of the storage structure. Further, Dakota County assigned the
subject lot a separate parcel identification number (P.I.N.) in recognition of a previous request by
a former property owner that the lot could be developed separately. Mrs. Schultz indicated that
the property was already assigned two separate PIN numbers at the time they purchased the
property.
Mayor and City Council
County Road 72 Project - Citizen Request
Page 2 of3
A deferment for water and sanitary sewer assessment on this lot was granted by Council in light
of the fact that the lot, as it exists today, does not connect to the utilities presently and
consequently would not benefit from water and sanitary sewer. Once developed, the lot would
then be assessed for the utilities.
With respect to Ms. Schultz's most recent request, there are several issues identified in the next
section of this memorandum that complicate how the City may respond in this matter.
Administrative Findings
1. Mr. and Mrs. Schultz are no longer the fee owners of the subject property as they sold the
property in early 1999. This fact alone raises a number of questions relative to whether Mr.
and Mrs. Schultz have proper standing to make a request for deferment, waiver or reduction
on a property they no longer own. The current owners have not contacted this office or
expressed any concerns or objections to the remaining special assessments. It is my
understanding that Mr. and Mrs. Schultz, as the former owners, are financially responsible
for any pending assessments on the property they sold.
2. A Special Assessment/Sewer Connection Agreement was signed by both Mr. and Mrs.
Schultz and the new owners of the property, Mr. and Mrs. States. This agreement commits
both the former and new owners to accept assessments on both lots and waives their rights
and any objections to the assessments on both lots.
3. Mrs. Schultz introduced a letter, dated May 14, 1999, indicating that they did not wish to
have water and/or sanitary sewer stubbed to the lot in question. With respect to this request,
City policy regarding the installation of utilities indicates that stub-ins for water and sanitary
sewer are generally installed during a project to buildable lots to avoid having to open up the
street at a later date. In review, the issue of stubbing in the utilities is moot given the fact that
the special assessments for water and sanitary sewer have been deferred until such time as
the lot is developed.
4. Council held a special assessment hearing on October 2, 2000, and adopted the project
assessments without any objections noted by either the current or former property owners to
the assessments. It should be noted that this office spoke with Mr. and Mrs. Schultz prior to
the October 2, 2000 public hearing regarding the deferment of sanitary sewer and water, and
they were aware that the remaining assessments for street and storm sewer improvements in
the amount of $2,825.99 would be adopted by Council at the public hearing. Mr. Schultz was
invited and did attend the public hearing and made no objection to the remaining
assessments. In accordance with state statute, the period of time to raise an objection to a
proposed special assessment is either prior to or at the public hearing. Consequently, the
appropriate time period to raise such an objection has expired.
5. Finally, a review of all the project documentation on file suggests that the properties in
question were properly noticed as separate lots from the project's inception. A review of the
special assessment notice indicates that two separate lots were referenced through their
respective parcel identification numbers. In addition, a memorandum dated March 29, 1999
by City Engineer Mann indicated that the costs were on an "Estimated Assessment per lot"
basis suggesting that there were two lots. In conversations with the City Engineer and
Mayor and City Council
County Road 72 Project - Citizen Request
Page 3 of3 '
Finance Director, both staff members indicated that the properties were always viewed as
two separate lots during the special assessment process as evidenced by the City's special
assessment roll.
Administrative Conclusions
At this point, Mrs. Schultz is requesting that the remaining assessment of $2,825.99 be deferred,
waived or reduced based on the belief that it was her understanding that the two lots would be
treated as one property and consequently, assessments would only be levied on one lot. I had the
opportunity to meet with Mrs. Schultz on this matter and appreciated her patience and courteous
nature throughout our discussions.
While this office understands the substance of Mrs. Schultz's contention, a thorough
administrative review of the special assessment process and project documentation fails to
support a contention in favor of any further deferment, waiver or reduction of special
assessments on the subject lot. Based on these findings, this office cannot support any further
reduction, waiver or deferment of the special assessments in question.
Legal Considerations
In discussing this situation with the City Attorney, under state statute, Council does have the
discretion of reassessing the lot in question based on a "findings of fact" in support of a decision
to either defer, waive or reduce the assessments. In the absence of a findings of fact in support of
such a request, any waiver or deferment may expose the City Council to claims that such a
decision is, in fact, arbitrary and may be construed as a "gift" which is expressly forbidden in
state statute. Council may have additional questions relative to the legal or statutory implications
of such an action and may wish to contact the City Attorney's office.
ACTION REOUESTED
Consider the request by Ms. Elaine Schultz for a reduction, deferral or waiver of special
assessments in the amount of $2,825.99.
Respectfully submitted,
File
Cc: Mrs. Elaine Schultz, 20475 Chippendale Avenue, Farmington, MN
Council Minutes (Regular)
October 2, 2000
Page 2
MOTION by Strachan, second by Cordes to approve the Consent Agenda as follows:
a) Approved Council Minutes (9/18/00) (Regular)
b) Approved Appointment Recommendation - Police Department
c) Received Information Capital Outlay - Finance Department
d) Adopted RESOLUTION R74-00 Accepting Donation - Senior Center
e) Adopted RESOLUTION R75-00 Approving Submittal of Application for
Landfill Abatement Funds from Dakota County
g) Adopted RESOLUTIONS R77, 78, 79, 80, 81,82, 83, 84-00 Approving Private
Development Project Closeouts
h) Approved Bills
APIF, MOTION CARRIED.
.'1
J
,r"'-
-~
8.
PUBLIC HEARINGS ". ".
a) Consider Resolution - 2000 Sealcoat Project Assessment Hearinf .
Streets in Nelsen Hills 4th and 5th Additions, Troyhills 1 st through 4t Additions,
Industrial Park 1 st and 2nd Additions, East Farmington 1 st and 2nd Additions,
Prairie Creek 4th Addition and areas in downtown Farmington were seal coated.
The total project cost for the 2000 Sealcoat Project is $100,040.06. The proposed
assessment amount is $54.26 per buildable lot. The total amount to be assessed to
benefiting properties is $26,858.70. The City's portion of the project cost is
$73,181.36 and will be funded through the Road and Bridge fund. MOTION by
Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION
CARRIED. An inquiry was received from a resident, Mr. Merle McClintock,
3704 Cartwright Court, Bonita Springs, FL that he has a lot north of Main Street,
that is behind another lot. He felt since the street does not front his lot, he should
not be assessed. Staff investigated and there is a garage on the back of the
building so he is accessing the lot and utilizing the property. Therefore, it is
appropriate to assess him for his property. MOTION by Strachan, second by
Soderberg adopting RESOLUTION R85-00 adopting the assessment roll for the
2000 Seal Coat project. APIF, MOTION CARRIED.
b) Consider Resolution - County Road 72 Project Assessment Hearing
The total project cost for the County Road 72 improvement project is
$1,089,004.60. The project is split into a reconstruction area and a new
,Rol4l:> 117.3.7.6 construction area. The cost for the reconstruction area is $460,165.08. The new
/JJATI.'i. l'2.q~..n. construction area is $628,839.52. Assessments to township properties will be
1 ~ ba IS. 'Z 3 deferred until those properties come into the City. There are two circumstances
,~o.t~S. ~'l. .71 where there are multiple assessments per property. There are two properties
I lCl) \~ .4$ (reoI' A) owned by Daniel and Darcy States. There is a house on one parcel and a garage
. straddles the property line in the back of that property. It is recommended that the
'I "l.. (PltbP (? ) .
wfo w..-.+tN ~) e4;\ . 't: property that IS hooked up to sewer and water be assessed for the sewer, storm
~. ( se~er and street in the amount of $8,841.22. And the second property which is
1 pteop A- ~. -' ~ 2825.'fi being utilized but does not need sewer and water service be assessedJor the--~
roadway and storm sewer amount only at this time in the amount 0[$2,825.99.
The other property is the Breckie property which is undeveloped at ~. and
is 4 equivalent units. The assessment will be deferred until it is developed.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
March 29, 1999
Ms. Elaine Schultz
3403 213th Street West
Farmington, MN 55024
Re: County Road 72
Estimated Assessments
Dear Ms. Schultz:
Pursuant to your request, this letter outlines the estimated assessments that were
discussed at the public hearing for the County Road 72 project. The estimated
assessments that would affect your properties at 3403 213th Street for the various items
are as follows:
Item
Estimated Assessment per lot
Roadway improvements
Sanitary sewer improvements
(includes the sewer line in the street and installation
of the service up to the property line)
$2,000
$6,200
Storm sewer improvements
Water service
(include only for lots that do not currently have
water service, installation of the service up to the
property line)
Total ~ UJ lfiY---/!Rd
(if property does not currently have water service)
$1 , 1 00
$2,000
$11,3000
In addition, cost estimates for connecting the existing residential properties to the sewer
system were presented. The estimated cost to connect to the sewer system for your
property at 3403 213th Street is $1,350. This estimate does not include the cost to
abandon the existing septic system. The costs and work associated with connecting the
properties to the sewer system are not a part of the County Road 72 project. Each
Ms. Elaine Shultz
Page 2
individual property owner will need to hire a contractor to connect the property to the
City installed sewer service and abandon the septic system
If you have any further questions or comments regarding the estimated assessments for
the County Road 72 project, please do not hesitate to contact me at 463-1601.
Sincerely,
~J/1~
Lee M. Mann, P .E.
Director of Public works/City Engineer
cc: file
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
Fax
To: Elaine Schultz
From: Robin Roland
Fax: 952-435-1126
Pag..: 4
...... 952-435-1389
Date: September 29, 2000
Re: Assessment agreement
cc:
o Urgent 0 For Review 0 Pl.... Comment 0 P..... Reply
o ....... Recycl.
. Comments:
(Reserved for Recording Data)
ASSESSMENT/SEWER CONNECTION AGREEMENT
THIS AGREEMENT (the "Agreement") made this /; day of.7;1~~"'1999, by and
between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") with offices at
325 Oak Street, Farmington, Minnesota, and Jerry J. and Elaine F. Schultz, husband and wife,
"Sellers" and Daniel S. States and Darcy J. States, husband and wife, "Buyers" (collectively
"Owners").
Recitals:
Sellers and Buyers have recently entered into a Purchase Agreement for the sale and purchase of the
real property located in Dakota County legally described on Exhibit "A" attached hereto and
incorporated herein, also with the Parcel Identification Numbers of 140320003026 and 140320004026
and a street address of 3403 213th Street West, Farmington, MN 55024 ("Subject Property").
Sellers have provided Buyers with a Warranty Deed to the Subject Property, but Dakota County
records do not yet reflect the sale of the Subject Property to Buyers and the Certificate of Title still
shows title to the Subject Property in the name of the Sellers.
The Subject Property shall be assessed costs, fees and charges associated with the reconstruction of
213th Street from Trunk Highway 3 to the easterly City limits ("Improvements") including the provision
of sanitary sewer service to the subject property.
The Owners have requested to be allowed to hook up to the City's sanitary sewer system prior to
completion of the project and the final assessment hearing. Execution of this agreement allows the
Owners to connect a service line for the subject property to the City provided sewer service at the
property line. Actual construction of the connection cannot commence until a sewer connection permit is
issued by the City. Final connection of the service line to the house and discharge of sewage to the
City's sanitary sewer system may not occur until the sanitary sewer has been tested and City has
provided the Owners with written notification to proceed with the final connection.
.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH
HEREIN, THE PARTIES AGREE AS FOLLOWS:
The Subject Property shall be assessed by the City for the Assessments. The total Assessments shall be
determined subsequent to construction of the Improvements. Payment of the Assessments shall be made
over a period of fifteen (15) years, accruing interest at the rate of six and 5/10 percent (6.5%) per
annum.
The estimated assessment amount for the sanitary sewer is $6200. The final assessment amount will be
determined subsequent to the completion of the improvements. In addition to the sanitary sewer
improvement assessment amount, sanitary sewer hookup fees that need to be paid include the
Metropolitan Council SAC fee - $1050, the City SAC fee - $350, and a sewer connection permit fee _
$55. The hookup fees are typically paid at the time of sewer connection permit issuance, however, the
hookup fees may be assessed if so desired by the Owners. Execution of this agreement by the Owners
authorizes the City to assess the hookup fees against the Subject Property if the Owners do not wish to
pay the hookup fees at the time of sewer connection permit issuance.
The Owners, by signing this Agreement, acknowledge that all procedural and subitantive objections to
the Assessments are hereby waived unconditionally, such waiver includes any rights of Owners, their
successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to
the Subject Property. The Owner further waives any appeal rights otherwise available pursuant to
M.S.A. ~ 429.081.
CITY OF FARMINGTON:
By: <J,~.L.fJ /.::J. 0 ~
, Gerald G. Ristow, Mayor
By:
OWNERS:
By:
~~L~
Jerry . Schultz
By;J~~~
Elaine F. Schultz
Daniel S. States
By:
a
By:
~1JA
Darcy J.. t S
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this <:6' .,<.4 day of J;;?~999, by
GERALD e. RISTOW and by JOHN F. ERAR, respectfully the Mayor and City Administrator/Clerk
of the CITY OF FARMINGTON, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
.1t..~~~~JA~J_"~V""'.,IA...V\A.
leCYNTHIAA. MULLER I
NOTARY PUBLIC - MINNESOTA
My Conm. ExplNa Jan. 31. 2000
...--qnbV+V"N<N';."~"~~.
~ O?n~
~tary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ltJ+/\ day of October, 1999, by
Jerry F. Schultz and Elaine F. Schultz, husband and wife.
SUSAN J. MILLER
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 1-31-00
0JA-<J 11 f\ Lt. 'fliJJL/l
Notary Public ..~
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ;1./51- day of October, 1999, by
Daniel S. States and Darcy J. States, husband and wife.
SUSAN J. MILLER
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 1.31-00
~ 4 'ffLdh~
Notary Public ~
",
EXHIBIT "A"
to
ASSESSMENT/SEWER CONNECTION AGREEMENT
DESCRIPTION OF THE SUBJECT PROPERTY
That part of the Northwest Quarter (NW 1,4) of the Northwest Quarter (NW 1,4) of Section Thirty-two
(32), Township One Hundred Fourteen (114), Range Nineteen (19), described as commencing at the
Southwest corner of said Northwest Quarter (NW 1,4 of the Northwest Quarter (NW 1,4), thence North
89 degrees 58 minutes 51 seconds East along the South line of said Northwest Quarter (NW 1,4) of the
Northwest Quarter (NW 1,4) a distance of 420.55 feet to the point of beginning, thence North 00
degrees 05 minutes 31 seconds East parallel with the East line of said Northwest Quarter (NW 1,4) of
the Northwest Quarter (NW 1,4) a distance of 197.42 feet to the North line of the South 5 acres of said
Northwest Quarter (NW 1,4) of the Northwest Quarter (NW 1,4), thence North 89 degrees 58 minutes 51
seconds East along said North line 167.98 feet, thence South 00 degrees 06 minutes 19 seconds East
197.42 feet to the South line of said Northwest Quarter (NW 1,4) of the Northwest Quarter (NW JA)
thence West along said South line 168.57 feet to the point of beginning, according to the Government
Survey thereof.
MAY 14,1999
CITY OF FARMINGTON
325 OAK STREET. FARMINGTON. MN 55024
MR. JOHN ERAR
CITY ADMINISTRATOR
RE: COUNTY ROAD 72
3403 213TH ST W
ESTIMATED ASSESSMENTS
MR. JOHN ERAR
WE HAVE SOLD OUR PROPERTY AT 3403 213TH STREET W. AND WE ARE REQUESTING
TO HAVE ONLY ONE CONNECTION TO THE SEWER BEING IT WAS SOLD AS ONE
PROPERTY.
THEREFORE WE DO NOT WANT CONNECTION STUBBED IN FOR WATER OR SEWER TO
THE VAN CANT LOT.
IF YOU HAVE ANY QUESTIONS PLEASE CONTACT ME AT 651-463-7476
THANK YOU,
SINCERELY,
JERRY J & ELAINE F SCHULTZ
~
COUNCIL MINUTES
REGULAR
November 20, 2000
1. CALL TO ORDER
The meeting was called to order by Mayor Ristow at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Ristow led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Ristow, Soderberg, Strachan
Cordes, Verch
Acting City Attorney Poehler, City Administrator Erar, City
Management Team
4. APPROYEA GENDA
MOTION by Strachan, second by Soderberg to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
a) Traffic Concerns _187th Street and Elgin Avenue
The City's traffic engineer has reviewed the intersection at 187th Street and Elgin
A venue, and the Police Department has performed a traffic survey to review
speeds and turning movements at the intersection. Based on these reviews, it is
recommended that no modifications be made to the intersection control at 187th
Street and Elgin Avenue.
Mr. Al Deaton, 18775 Pilot Knob Road, stated he has applied for a burning permit three
times and has been denied each time. He stated he had been issued a ticket for an
unattended fire, but no one was home at the time. The ticket issue has been taken care of.
He spoke with Attorney Matt Brokl, who according to Mr. Deaton, stated there is no
reason he should be denied a permit. Mr. Deaton has been waiting to hear from Fire
Marshall Brad Schmoll, but has received no response. Mayor Ristow stated staffwill
review the situation and respond at the December 4, 2000 Council Meeting.
Ms. Elaine Schultz, 20475 Chippendale Avenue, has a concern with the assessment for
County Road 72. At that time, they owned 3403 213th Street. They attended the
meetings with City Engineer Lee Mann. She stated they had an understanding, part of it
was verbal. There are two lots with two ID numbers. When the property was sold, and
when they were working with Lee Mann, it was their understanding it would be
considered as one lot, as the other lot is not buildable. They sent a letter dated May 14,
1999 to City Administrator Erar and City Engineer Mann requesting not to have sewer or
Council Minutes (Regular)
November 20, 2000
Page 2
water stubbed in to the vacant lot. They received a letter dated March 29, 1999 with the
estimated assessment. They did sign an agreement to waive any other assessment
charges with the understanding that this was going to be the approximate price. The
money was set aside in escrow. The property was sold to Darcy and Daniel States. The
States received the information and were assessed for both lots. One lot was assessed for
$9,200, the other was approximately $10,000. She stated City Administrator Erar was
great to work with to try to explain the situation. There was a meeting October 2, 2000
for residents to dispute the assessments. City Administrator Erar did get part of it
deferred, with an amount owing of $2,825.99. They thought they had to pay this, and
then they were not sure. If it was done per ID number, why were they not notified? Ms.
Schultz would like to know if the Council can do anything. A lot of things were done
verbally and would like to get it corrected if possible. Mayor Ristow stated staff will
review the situation and respond at the December 4, 2000 Council Meeting.
7. CONSENT AGENDA
Councilmember Soderberg pulled the Council Minutes to abstain from voting as he was
absent from the 11/8/00 Special Council Meeting. As two councilmembers were absent
from this meeting, approval of the Council Minutes from 11/8/00 (Special) were tabled to
the December 4, 2000 Council Meeting.
MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows:
a) Approved Council Minutes (11/6/00) (Regular)
b) Received Information on Capital Outlay - Administration
c) Adopted 2001-2005 CIP
d) Approved Various City License Renewals
e) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a) Consider Certification of Delinquent Municipal Utilities
Minnesota Statutes grants municipalities the authority to certify delinquent utility
accounts to property owners' real estate taxes as a special assessment for
collection. These utility bills can be for water, sewer, storm water, and garbage
services. All property owners with utility bills over 90 days overdue were mailed
notices and may pay their delinquent amount by December 1, 2000 to avoid
certification. At the time of notice, 342 accounts in the total amount of
$129,118.38 were outstanding. MOTION by Soderberg, second by Strachan to
close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan,
second by Soderberg adopting RESOLUTION R94-00 certifying the delinquent
accounts as special assessments to the 2001 taxes of the appropriate properties.
APIF, MOTION CARRIED.
9. AWARD OF CONTRACT
Council Minutes (Regular)
November 20, 2000
Page 3
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Consider Resolution - Conveyance of Tax Forfeited Property
There is a discrepancy between Dakota County and CP Railway as to whether
former railroad property located between 3rd Street and 5th Street north of Elm
Street should be considered tax forfeited. Staff requested this item be continued
to the December 4, 2000 Council Meeting.
b) Consider Proposed Adult Entertainment Ordinance - Discussion
This ordinance is intended to replace the current interim ordinance. The
ordinance is proposed to regulate the location of sexually oriented adult
establishments through zoning restrictions. Cities are allowed to establish
through zoning ordinances definitions of what constitutes an adult establishment
and where these types of establishments may locate within a community. The
area of the City being recommended for these types of establishments is the Light
Industrial and future Business Park areas along County State Aid Highway 50 and
County State Aid Highway 31 (Pilot Knob Road). This area is being
recommended because of its distance from schools, churches, parks and other
similar uses that are not compatible with this type of use. A public hearing was
held by the Planning Commission on November 14, 2000. The Planning
Commission recommended adoption of the proposed ordinance.
Councilmember Strachan asked if a video store has an adult section, would that
need to be located in this area? Acting City Attorney Poehler replied no, the
ordinance is set up so they can locate in the business district as well as the
industrial park, provided they meet certain criteria as far as amount of floor space
allocated and net sales for adult type materials. There is a distinction between on-
site consumption of adult materials and off-site. Councilmember Strachan asked
if the ordinance deals with alcohol at adult oriented businesses? Attorney Poehler
replied that would typically be a licensing issue or included in the liquor license
ordinance.
Councilmember Soderberg stated this ordinance provides for these types of
establishments to be considered a permitted use. He asked Council if they find it
curious that we have an industry that has incredible volumes of data that points
out it is detrimental to a community, and would have a zoning that has a permitted
use, and yet churches, schools, and other industries that are conditional use only.
He would like to see this as a conditional use to provide more control. Attorney
Poehler replied providing a conditional use permit requirement, where the
Supreme Court requires a 5% land availability, further limits their location and
leaves it more to the City Council to either permit or deny these uses, further
possibly restricting the locations that are available, based on additional criteria
beyond what is provided for in the ordinance that we know are legally defensible.
Mayor Ristow stated staff has provided us with material, which we need to read
and study for the December 4, 2000 Council Meeting.
Council Minutes (Regular)
November 20, 2000
Page 4
Community Development Director Olson stated there is a section in the proposed
ordinance that prohibits the sale of liquor at an establishment of this type.
Regarding Councilmember Strachan's question regarding a video store with an
adult section, they are limited to 10% of floor area and 20% of gross receipts for
that type of activity, and no on-site consumption is allowed. Councilmember
Strachan asked if it can be a requirement that magazines be out of public display,
such as behind the counter? Attorney Poehler replied that requirement is more of
a licensing requirement, rather than a zoning requirement, but she will review it.
The interim ordinance expires the middle of December so this item will be
brought back to the December 4, 2000 Council Meeting.
c) Developer Request for Public Improvement - Sanitary Sewer
Mr. Jim Allen requested this item be continued until the December 4,2000
Council Meeting as he is currently out of town.
d) Flagstaff Citizen Petition - Process Issues
A petition was received at the November 6, 2000 Council Meeting regarding the
condition of Flagstaff Avenue. Staff will schedule a neighborhood meeting in
order to obtain resident input regarding the issues along Flagstaff Avenue. This
meeting will be held in January due to the holidays. Councilmember Soderberg
stated staff spent a great deal of time locating addresses. He suggested criteria be
developed for accepting future petitions containing legible names and addresses.
Mayor Ristow stated this could be added to the Council Goal Setting Workshop
and the outcome published in the City Newsletter.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a) Consider Resolution - 2000 Budget Reappropriations
The adopted 2000 budget was prepared and submitted to Council in August of
1999. Many things may change in an 18-month period and what might have been
a reasonable revenue or expenditure assumption in June of 1999 may not hold
true in November of 2000. An annual reappropriation is done in the fourth
quarter of the year to best reflect the City's operations for the year. The revenue
projected in the 2000 General Fund adopted budget was $3,929,190 before
transfers in. Because of increased building permit revenues and increased fines
and forfeitures revenues, the City is anticipating an increase in revenues of
$163,359. The 2000 adopted budget called for $4,152,008 of General Fund
expenditures. The revised projection calls for an increase of$16,577. This is due
to personnel costs in the Community Development and Police Departments and
represents a 0.39% (less than one percent) change in revised expenditure forecasts
from the adopted budget. Given the increased revenues in the General Fund, staff
recommends that the transfer of $1 00,000 from the private Capital Projects fund
be eliminated from the 2000 revised budget and those monies retained in the
private Capital Projects fund for future expenditures on the Public Facilities
Council Minutes (Regular)
November 20, 2000
Page 5
Project. This would still designate approximately $96,464 for the fund balance.
MOTION by Soderberg, second by Strachan adopting RESOLUTION R95-00,
amending the budget for fiscal year 2000. APIF, MOTION CARRIED.
13. COUNCIL ROUNDTABLE
a) Sales Tax Exemption Legislation (verbal)
City Administrator Erar updated Council on efforts the City is making relative to
the upcoming legislative session to exempt construction materials anticipated to
be used in next year's public facilities projects from state sales tax. If the sales tax
exemption is approved, the City could see $200,000 - $250,000 in reduced costs
associated with the state sales tax. Consensus was obtained from Council to move
forward with the process to obtain special legislation.
Councilmember Soderberg: He received a complaint regarding the parking ordinance
from someone who was visiting a resident and who was ticketed and towed during the
first snowfall. This was referred to the Police Department. The numerous ways residents
are notified of the parking ordinance were discussed. City Administrator Erar stated the
efforts of the ordinance are not to generate additional fines or inconveniences to the
citizens, but to provide more cost-effective snow plowing.
Police Chief Siebenaler: In response to the parking advisories, the Police
Department has created posters and they are placed at 25 high traffic locations and
businesses throughout Farmington, including apartment buildings.
14. ADJOURN
MOTION by Strachan, second by Soderberg to adjourn at 8:12 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~.Y~~J ~~
. Cynthia Muller
Executive Assistant
SPECIAL CITY COUNCIL MEETING
CITY COUNCIL WORKSHOP
City Hall Council Chambers
November 8, 2000
Members in attendance: Mayor Ristow, Council Members Cordes, and Strachan.
Members absent: Council members Soderberg and Verch.
Others present: City Administrator Erar, Park and Recreation Director Bell, Administrative
Services Manager Finstuen, Public Works Director Mann, Community Development Director
Olson and Finance Director Roland.
The Mayor called the meeting to order at 4:30 p.m. The agenda was reviewed and approved by
Council. The meeting was to canvass results of the 2000 municipal election which had taken
place the previous day. MOTION by Cordes, second by Strachan, to adopt RESOLUTION R93-
00 Accepting the Results of the November 7, 2000 Municipal Election. APIF, MOTION
CARRIED.
After the canvassing of the election, staff reviewed the Proposed 2001-2005 Capital Improvement
Plan with the council. The Public Facilities projects (Law Enforcement Center and Central
Maintenance Facility) were discussed at length as these projects are currently in the design
stages, in anticipation of contracts being let for the construction of the buildings in 2001. Other
Consolidated projects discussed include Phase IV of the Industrial Park (2001), expansion and
remodeling of City Hall facilities (2003), Downtown Liquor Store (2003) and satellite fire station
(2005).
Park and Recreation Director Bell reviewed proposed 2001 department projects. Public Works
Director, Mann reviewed proposed 2001 department projects. It was agreed that, pending the
completion of the pavement management analysis, the Upper 18200 Street reconstruction project
should be deferred to the 2002 CIP. Council asked a variety of questions throughout the
presentation and other than the requested shift of the Upper 182nd Street project, were satisfied
that the proposed projects addressed anticipated community infrastructure needs. Final approval
of the 2001-2005 CIP will be presented at the November 20, 2000 Council Meeting.
Meeting was adjourned at 7:13 p.m.
Respectfully submitted,
~1f.d
Finance Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
7b
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: 2000-2004 CIP Project Completion and Status Report
DATE: December 4, 2000
INTRODUCTION
Council adopted the 2000-2004 Capital Improvement Plan on December 20, 1999. CIP projects
proposed in 2000 had anticipated expenditures of $6,641 ,964. The purpose of this staff report is
to provide Council with a year-end status report of projects authorized for completion in 2000.
DISCUSSION
The following table identifies projects that were originally adopted in the CIP for 2000, as well
as other significant capital improvement projects that were authorized by Council during 2000.
Administration
Public Facilities
Central Maintenance
FacilitylPolice Facility
Task Force Report
Presented on April 3,
2000. Council
authorized the Projects
on May 1,2000.
Facility & site planning
is in process.
Parks and
Recreation
195th Street
Ballfield Complex
Acquire land to house future
Ballfield Complex
Land was privately
acquired by competing
buyer; City has
identified alternative
sites and will pursue
acquisition in 2001.
Mayor and Council
2000-2004 CIP Project Status Report
Page 2 of3
Parks and
Recreation
Park Upgrades
Additional playground equipment
installations at Fairhills and Pine
Knoll Parks.
Projects Completed.
Parks and
Recreation
Landscaping of
Prairie Waterway
2000 Phase of Landscaping Plan.
Project Completed.
Parks and
Recreation
Trail System -
Sealcoat &
Maintenance
Annual seal-coating of selected
trails in compliance with City
maintenance program.
Project Completed.
Parks and
Recreation
Ice Arena - Capital
Improvements
Player Gates; Seating Repair;
Scoreboard
Project Completed.
Department of Public Works - Capital Improvement Projects
Public Works
Annual Seal
Coating
City streets seal coated on a seven-
year cycle.
Project Completed.
Public Works
Akin Road
Tumback Study
Conduct Feasibility Report on Akin
Road Tumback improvements
Report Completed;
Two Neighborhood
Meetings have been
held; Project to be
reviewed for
construction in 2001.
Mayor and Council
2000-2004 CIP Project Status Report
Page 3 of3
Pl103CT NAME. .PROJECT DESCRlP:TION .
Downtown Removal and installation of new
Streetscape Project sidewalk, lighting and amenities
Public Works
Project substantially
Complete. Minor
punchlist items
remain to be
completed in early
2001.
Public Works
Storm water Pond
Maintenance and
Dredging
Study determining the prioritization
and need for storm water pond
maintenance program
Field work
completed, study to
be submitted in early
2001.
Public Works
Trunk Water Main -
CSAH 31
Installation of water main to service
new development areas.
Installation of water main to support .
private property needs and satisfy
state agency requirements.
BUDGET IMPACT
Project Completed.
Projects proposed in the CIP are underwritten by a variety offunding sources and are separately
reviewed and authorized by Council. Other Non-CIP projects are presented as supplemental to
the CIP, but follow similar project approval procedures in terms of individual Council review,
proposed financing and final approval.
ACTION REQUESTED
For Council information.
f1:RespeC~bmitted'
.. ~
~jhn F. Erar
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
?~
TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
Appointment Recommendation - Public Works Department
DATE:
December 4, 2000
INTRODUCTION
The recruitment and selection process for the appointment of a full-time Maintenance Worker in the
Public Works Department, Street and Utility Division has been completed. This opening was the result of
a vacancy caused by a staff retirement.
DISCUSSION
After a thorough review of applicants for this position by the Public Works Department and Human
Resources Office, an offer of employment has been made to Mr. Steven Arndt, subject to ratification by
the City Council.
Mr. Arndt has been working for the City of Savage in a similar position since September 1994 where he
was responsible for a variety of utility operations and maintenance activities. Priorto his work
experience with the City of Savage, Mr. Arndt was employed by the City of Bloomington in a similar
street and utility maintenance capacity. In addition, Mr. Arndt has a class "B" water license and a "SB"
license in collection system, and has substantial experience in many areas of street maintenance
operations, including snow plowing and street repair.
Mr. Arndt's work experience and background suggests he is fully qualified and capable to serve as a full-
time Maintenance Worker in the Streets and Utility Division.
BUDGET IMPACT
Funding for this position is authorized in the 2000 Budget.
RECOMMENDATION
Ratify the appointment of Mr. Steven Arndt as a full-time Maintenance Worker effective December 18,
2000.
hn F. Erar
City Administrator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
lei
TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
Appointment Recommendation - Parks and Recreation Department
DATE:
December 4, 2000
INTRODUCTION
.The recruitment and selection process for the appointment of a full-time Solid Waste Worker in the Parks
and Recreation Department, Solid Waste Division has been completed. This opening is the result of a recent
staff retirement.
DISCUSSION
After a thorough review of internal applicants for this position by the Parks and Recreation Department and
Human Resources Office, an offer of employment has been made to an internal candidate, Mr. Joseph
Johnston, subject to ratification by the City Council.
Mr. Johnston has been employed by the City since June 2000 as a full-time Park Keeper/Solid Waste
Worker assisting both the Park Maintenance and Solid Waste Divisions. Prior to his employment with the
City, Mr. Johnston was employed by two private sanitation companies dating back to May 1993 and has
extensive experience in the operation of a variety of commercial vehicles dealing with sanitation services.
Joe has obtained a commercial driver's license as required by job-related requirements, and has
demonstrated knowledge, skills and abilities in the area of sanitation services.
Mr. Johnston's work ethic, demonstrated knowledge of solid waste service and equipment operations, and
his commitment to performing this job to the best of his abilities will make him an asset to the City
operations. Consequently, Mr. Johnston's work experience suggests he is fully qualified and capable to serve
as a full-time Solid Waste worker in the Parks and Recreation Department, Solid Waste Division.
BUDGET IMPACT
Funding for this position is authorized in the 2000 Budget.
RECOMMENDATION
Ratify the appointment of Mr. Joseph Johnston as a full-time Solid Waste Worker effective December 5,
2000.
~.s~t. 1l~2:
//7 .
lohn F. Erar
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
le
TO: Mayor, Councilmembers and City Administrato~~""
FROM: Ken Kuchera, Fire Chief
SUBJECT: Capital Outlay - Fire Department
DATE: December 4,2000
INTRODUCTION
The Fire Department is planning to purchase a Knox Master Key Retention system which
provides the security for the Fire Department's Knox Box keys.
DISCUSSION
The Knox Box Master Key allows the Fire Department to enter numerous buildings within the
community very quickly. This prevents unnecessary damage to enter a building and allows for
quick access without waiting for key holders. The encoder is activated by dispatch which sends
a signal to a decoder mounted in the apparatus. The decoder is opened and the master key is
stored securely in the decoder. The purpose of the system is to maintain key security.
BUDGET IMPACT
Approved in the 2000 Capital Outlay Budget.
ACTION REOUESTED
For information only.
Respectfully submitted,
~\<SJ/1 --
Ken Kuchera
Fire Chief
7-F
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463~7111 Fax (651) 463-2591
www.ci.farmington.mn.us
FROM:
Mayor, Councilmembers, City Administrato~
James Bell, Parks and Recreation Director
TO:
SUBJECT:
Adopt Resolution - Tree City USA Application
DATE:
December 4, 2000
INTRODUCTION
Council consider the adoption of a resolution authorizing application for the City's Tree City USA
designation.
DISCUSSION
The City has received the Tree City USA designation the past number of years. Council adoption of the
attached resolution will authorize the application for the Tree City USA designation for 2000. This
designation honors cities that have demonstrated a commitment to forestation efforts in their respective
communities.
ACTION REOUESTED
Adopt the attached resolution authorizing the application for the 2000 Tree City USA designation.
Respectfully submitted,
----L-- 6.~
James Bell
Parks and Recreation Director
PROPOSED
RESOLUTION No.
APPROVE APPLICATION FOR TREE CITY USA DESIGNATION
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 4th day
of December, 2000 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the City of Farmington has been designated a Tree City USA in the past;
and;
WHEREAS, it is in the best interest of the City to become a Tree City USA.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby directs
staff to submit an application to the National Arbor Day Foundation for the 2000 Tree
City USA designation.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 4th day of December, 2000.
Mayor
Attested to the
day of December, 2000.
City Administrator
SEAL
czra..,
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
Mayor, Council members, City Administratoq1v
Robin Roland, Finance Director
FROM:
SUBJECT:
Truth in Taxation Hearing
DATE:
December 4, 2000
INTRODUCTION
The City adopted a proposed Tax Levy and budget for 2001 with Resolution R72-00 at the Council
meeting on September 5, 2000 and established the Truth in Taxation Hearing to take place at the
City Council Meeting of December 4, 2000.
DISCUSSION AND BUDGET IMPACT
The Truth in Taxation Hearing is held pursuant to State Statute to receive input from residents
and other concerned citizens on the proposed budget and tax levy. The hearing will include a
presentation by staff of the highlights of the City's proposed 2001 Revenue and Expenditure
Budget and the 2001 Proposed Tax Levy.
Residents have received property specific notices outlining the proposed effect of the 2001 tax
levy on their individual property taxes compared to the taxes levied against their property in 2000.
This hearing will give residents the opportunity to share their comments and concerns about the
proposed 2001 levy and budget.
ACTION REQUIRED
Receive input on the Proposed 2001 Budget and Tax Levy. Close the public hearing atter hearing
all citizen comments and concerns. Adoption of Final Budget and Levy will take place at the
December 18, 2000 City Council Meeting.
gz4'~
Robin Roland
Finance Director
Determination of Proposed 2001 Tax Capacity Rate
Fiscal Disparities Dist. (1)
$ 1,508,272 X 1999 Tax Capacity Rate of
equals $ 461 ,411 in Fiscal Disparities
Distribution the City of Farmington will recieve in 2001
30.592%
Farmington requested levy for 2001 is
2001
2,933,000
2000
2,641,645
mi
2,529,924
Minus Fiscal Disparties Distribution
461,411
433,567
393,478
Minus HACA\LPA Credit
403,466
404,409
394,981
Minus Equalization Aid
Equals Levy to Collect $ 2,068,123 $ 1 ,803,669 $ 1,741,465
2001 NetTax Capacity Value (2) 8,501,076 7,197,244 6,376,496
Less Local contribution to Fiscal Disparities (3) 483,358 412,590 364,356
Less Amount to Tax Increment (3) 1,095,035 888,770 745,521
Amount used to determine Tax Capacity Rate $ 6,922,683 $ 5,895,884 $ 5,266,619
2001 Tax Capacity Rate will then be 2,068,123 (adj. Levy) divided by $ 6,922,683 $ 5,895,884 $ 5,266,619
(adj. tax capacity value) equals: 29.8746% 30.592% 33.066%
(1)According to Dakota County Property Tax Division.
(2) Estimated 2001 GTCV as of Dakota County Truth in Taxation notices 11/1/00.
(3) Dakota County estimate at 11/1/00
REVISED11/29/2000
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/Oa-,
TO: Mayor, Councilmembers
City Administratoo/~
FROM: David L. Olson
Community Development Director
SUBJECT: Developer Request for Building Permit Issuance
DATE: December 4, 2000
INTRODUCTION
The City has received the attached letter from Jim Deanovic regarding the Farmington
Family Townhomes portion of the Tamarack Ridge Development.
DISCUSSION
Mr. Deanovic is attempting to proceed with the installation of sewer and water mains, fire
hydrants, and class 5 base for the private street yet this year. This will be contingent on
approval of engineering plans and specifications and approval of a dewatering plan that
will not adversely affect adjoining properties with private wells. It is anticipated that the
dewatering activity will be significantly less and much shorter in duration than the
previous dewatering activities. As Mr. Deanovic's letter indicates, building permits
would not be sought until after utilities have been installed. The remaining work to be
completed in the Spring would include the installation of curb and gutter and paving of
the street.
Current standard development agreement language authorizes the City Engineer to allow
building permits to be issued if weather prevents the paving of the streets. However in
most of the previous instances when this has been allowed, curb and gutter have been
installed. In this case Mr. Deanovic proposes to complete both curb and gutter and street
paving in the spring. It should also be noted that the Developer assumes all risks and
liabilities for damages to public improvements caused by his contractors or
subcontractors.
A portion of the financing for this rental tOwnhome project requires that the rental units
be put in service by December 2001. If construction is delayed until next spring, it will
be difficult for the Developer to meet this timeline in addition to the increased costs that
will be incurred if construction is delayed until next spring. This project will also result
in the Developer continuing to own and manage the project as rental housing.
BUDGET IMPACT
None
ACTION REQUESTED
Authorize the City Engineer to approve the issuance of building permits upon approval of
plans and completion and acceptance of water (including fire hydrants), sewer and class 5
street access to Farmington Family Townhomes.
Respectfully Submitted,
Community Development Director
cc: Jim Deanovic
Monday, November 27. 2000 10:17 PM
To: Dave Olson
From: Jim, 952-829-5399
9465 Amesbury Lane
Eden Prairie, MN
55347
November 27,2000
David L. Olson
City of Farmington
325 Oak Street
Farmington, M\J. 55024
Dear David,
I am requesting that the City of Farmington grant building permits after we have installed
the sewer, water, fire hydrants, and class 5, which appears to be permitted in your
statutes.
As you are aware the funding for this project comes primarily from the Minnesota
Housing and Finance Agency. All of the various sources offunds are committed to the
project, and the Performa balances. The MHFA has giving us an early start approval to
help the project stay on budget and achieve the completion and rent up deadline of
December of 200 1.
The Perfornla was based on a fall start. Due to a number of circumstances the project has
been delayed, by the time the City Council reads this we should have received approval
for the utility installation. It would be beneficial for the project to continue from that
point, to completion. This is a rental project so we are not looking for Certificate of
Occupancy's until early summer when the exterior grounds and roads would be
completed. We have a contractor who has done work for the City in the past, and feels
confident he C2 n work with the winter schedule as he has done in other cities. The cost of
construction wI: be significantly higher in the. spring, and additional monies would be
spent on interest and carrying costs rather than being used to enhance the project.
We understand your concern that curb would be beneficial to help plc.ce the grade of the
residential slabs. We feel our surveyor is competent to follow the approved plan.
If there are alternative scenarios that would still keep the project on schedule, r would
like to discuss it them with you and the Council. I appreciate the help you and all the staff
have given us. I hope that you can continue to endorse the progress of this project; we
know it wi e an asset for the City of Fannington.
Page: 2 of 2
CD~ A Dakota County .
tl ~~~~.u~~~ ~:v.e~o~~.e~: ~~e~:~
November 22, 2000
Dave Olson
City of Farmington
Community Development Director
3325 Oak Street
Farmington, MN 55024
Dear Mr. Olson:
This letter is in response to your questions re~arding the Farmington Family Housing Townhome
development located at Chippendale and 209 Street West in Farmington. The development received Low
Income Housing Tax Credits (LIHTC) allocations in 1999 and 2000 from the Dakota County Community
Development Agency (CDA) along with additional funding from the Minnesota Housing FinaQ.ce Agency.
The current rent structure of the development consists of 14 2-bedroom units with gross rents at $715, 4 2-
bedrooms with gross rents at $810 and 14 3-bedroom rents at $826. These rents include an utility allowance
and meet the LIHTC requirement in which 40% of the units contain rents affordable to tenants at 60% of
area median income.
Developers have up to two years after the end of the year in which a tax credit allocation is made to
complete the project. Consequently, a developer receiving an allocation of 1999 tax credits can have until
December 31, 2001 to place the project in service. In order to qualify for a carryover allocation, the
developer's basis in the property at the end of the year in which the allocation is received must be at least 10
percent of the amount that the project's basis is reasonably expected to be at the end of the second year
following the allocation year.
The Developer, the Peter Andrea Company, (Jim Deanovic) has submitted his carry-over applications for
both year's allocation and has met the 10 percent carryover requirement, and therefore has until December
31, 2001 to place his units in service. The placed in service date for tax credit purposes for a newly
constructed building is the date when the first unit in the building is certified as available for general
occupancy.
Please let me know if you have additional questions. I can be reached at (651) 423-8104.
Sincerely,
~rv
Heidi J. Rathmann
2496 145TH Street West * Rosemount, MN 55068
tel 651-423-4800 fax 651-423-1273 TDD 651-423-8182
;r;r""/"l j, 3A~/ft6<'~,.,_/f,"e-/h/q/c
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, utility installation, curb and gutter, installation of
erosion control devices, retaining walls, site seeding, mulching, disk anchoring and submittal of a surveyor's certificate
denoting all appropriate monuments have been installed. Only construction of noncombustible materials shall be allowed until
the water system is operational. If permits are issued prior to the completion and acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents or third parties.
Normal procedure requires that streets needed for access to approved uses shall be paved with a bituminous surface before
certificates of occupancy may be issued. However, the City Engineer is authorized to waive this requirement when weather
related circumstances prevent completion of street projects before the end of the construction season. The Developer is
responsible for maintaining said streets in a condition that will assure the access of emergency vehicles at all times when such
a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement
shall not be a waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the plat is not of "metropolitan significance" and
that an environmental impact statement is not required. However, if the City or another governmental entity or agency
determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued from
said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees, that the City
incurs in assisting in the preparation of the review.
G. Compliance with Laws and Regulations. The Developer represents to the City that the plat complies with all City, County,
Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances
and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow
any construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer
shall cease work until there is compliance.
H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants
with the City, its successors and assigns, that the Developer is well seized in fee title of the property being flOal platted and/or
has obtained Consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants. After the Developer has completed the work required of it under this
Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise out
of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for
property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an additional named
insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance written notice of the
cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the City prior to the City
signing the plat.
7
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/06
TO: Mayor, Councilmembers, City Administrato~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Consider Developer Request for Feasibility Report - 19Sth Street
DATE: December 04,2000
INTRODUCTION
The Developer of Autumn Glen, Arcon Development, has requested the preparation of a feasibility
report for the extension of 19Sth Street to the easterly property limits of the Autumn Glen 3rd Addition
(see attached letter).
DISCUSSION
The extension of 19Sth Street from Akin Road will provide an essential ingress/egress route for the 3rd
Addition of Autumn Glen. As such, it is necessary that this connection be made in conjunction with
the development of Autumn Glen 3rd Addition.
The segment of 19Sth Street between Akin Road and Trunk Highway 3 has been identified in the
City's Transportation Plan as an essential east-west corridor for the City. Dakota County has also
recently undertaken a study that has identified 19Sth Street as an east-west corridor for the County
system.
Staff has discussed with the County the issue of County participation in the construction of 19Sth
Street. The County's policy is to participate in those identified County alignments that provide a
connection between existing County or State corridors. The project that is proposed for the subject
feasibility report would not make such a connection at this time. Therefore, the County would not
participate in this segment of 19Sth Street. In the future, when 19Sth Street is extended to Trunk
Highway 3, the County would participate in that segment of the project.
The Developer has indicated the commitment to pay Autumn Glen's proportionate share of the costs
for the project. The Development Contract for the 3rd Addition will outline the terms of that
commitment. The remaining benefiting properties along the alignment would be assessed for costs
pursuant to M.S. 429 and City policy. Council should note that the Limerock Ridge development
was assessed for the improvements to CSAH 31 and therefore will not be assessed for 19Sth Street, as
is the case with any property that was assessed for CSAH 31.
BUDGET IMPACT
Budget impacts for the project would be outlined in the feasibility report.
ACTION REQUESTED
Adopt the attached resolution authorizing the preparation of a feasibility report for the 195th Street
extension.
Respectfully submitted,
~P1~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
p,"oposed RESOLUTION NO. R -00
ORDERING FEASIBILITY REPORT
for
19STH STREET EXTENSION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Civic Center of said City on the 4th day of
December, 2000 at 7:00 PM
The following members were present:
The following members were absent:
Member
introduced and Member
seconded the following resolution.
WHEREAS, it is proposed to improve 19Sth Street, from Akin Road easterly to the east
property line ofthe Autumn Glen 3rd Addition, and to assess the benefited property for all
or a portion of the cost ofthe improvement, pursuant to Minnesota Statutes 429.
NOW THEREFORE, BE IT RESOLVED that the proposed improvements be referred
to the City Engineer for study and that he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to whether the proposed
improvement is necessary, cost-effective, and feasible and as to whether it should best be
made as proposed or in conjunction with some other improvement, and the estimated cost
of the improvement as recommended.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 4th day of December 2000.
Mayor
Attested to the
day of
, 2000.
SEAL
Clerk! Administrator
ARCON
7625 METRO BLVD. · SUITE 350 · EDINA., MINNESOTA 55439 · PHONE 612/835-4981 · FAX 612/835-0069
Lee M~ Director of Public Works
City of Farmington
325 Oak Street
Farmington, MN 55024
RE: Autumn Glen 3rd Addition
Dear Lee,
Arcon Development, Inc. will soon be submitting an application for Final Plat approval
for Autumn Glen 3rd Addition to the City of Farmington. Autumn Glen 3rd Addition will
provide a fourth access to the development, a connection to future 195th St. along the
south property line.
Arcon Development, Inc. hereby requests the City of Farmington undertake a feasibility
study for the construction of 195th Street from Akin Road to the east property line of
Autumn Glen 3rd Addition. Arcon Development, Inc. agrees to pay its proportional costs
of the feasibility report if the improvement does not proceed.
We would like to proceed with Autumn Glen 3rd Addition this spring' hoping to complete
streets sometime in July 2001. Consequently, the timing of the 195 street improvements
is critical to us.
If you need any additional information from Arcon Development, Inc., or would like to
discuss this request, please contact me at 835-4981.
Sincerely,
4~:fZ...I
Larry n(Frank
Project Manager
WE DO MORE THAN DEVELOP LAND.... WE CREATE NEIGHBORHOODS
DEVELOPERS - PLANNERS - CONTRACTORS
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
/I~
TO:
Mayor and Counci~1j,embers
City Administrato~
FROM:
David L. Olson
Community Development Director
SUBJECT:
Proposed Ordinance - Adult Establishments
DATE:
December 4,2000
INTRODUCTION
The attached proposed ordinance was discussed by the City Council at the November 20, 2000
City Council meeting. The proposed ordinance is intended to replace the current interim
ordinance to regulate sexually oriented adult businesses in the City of Farmington.
DISCUSSION
During the discussion of the proposed ordinance at the November 20, 2000 meeting several
questions were asked by Councilmembers. The attached letter dated November 29, 2000 from
Andrea Poehler attempts to address these questions.
The majority of the letter addresses the issue of requiring conditional use permits for adult
establishments. As indicated in Ms. Poehler's letter, requiring a conditional use permit raises the
issue of "unlawful prior restraint of the First Amendment." For the reasons indicated, staff
agrees with Ms. Poehler's recommendation not to require conditional use permits for adult uses.
One of the other issues raised by the Council at the November 20,2000 meeting was whether the
Interim ordinance could be extended. As indicated in Ms. Poehler's letter, the Council cannot
extend the Interim Ordinance that has been in place approximately IS months because it has
expired.
As indicated previously the Planning Commission reviewed this draft ordinance at its October
24,2000 meeting as a discussion item and conducted a public hearing at its November 14,2000
meeting. The Planning Commission recommended adoption of the attached proposed ordinance
and adopted the attached resolution in support of this recommendation on a 4-0 vote.
ACTION REOUESTED
1) Consider adoption of the attached resolution establishing findings of fact that zoning
regulations of sexually oriented businesses are necessary to minimize secondary adverse
effects of such businesses in the City of Farmington.
2) Consider adoption of the attached ordinance amending Title 10 of the City's Zoning
Ordinance, by making provisions for the opportunity as well as the control of sexually
oriented businesses.
3) Approve the attached ordinance summary to be published in the City's legal newspaper.
Re~IYS?~
--
David L. Olson
Community Development Director
cc: Andrea Poehler, Campbell Knutson
~1/29/00 09:42 FAX 651 452 5550
CAMPBELL KNUTSON
~002
CAMPBELL KNUTSON
Professiona \ Association
Attorneys a( Law
Tbmnos J. C:lmpbell
Rot::er N. Knutson
ThOl\"k~S M. Scutt
ElIiotL B. Knwch
Joc:lJ. Jllmnik
(651) 452-5000
Fax (651) 452-55S0
Anc.lr~o. M<.:Dowdl Pochler
Matth~w K. Brokl*
John r. Kelly
Mattbew J. 1"011
Marguerile M. McC::Irwll
Ciinli M. P,Tan..~(
November 29, 2000
.,,11;,. lrt':Nro fI\ WiscUfI$D\
Mr. Dave Olson
Community Development Director
City of Farmington
325 Oak Street
Farmington, MN 55024-1374
Re: Adult Use Ordinance
Dear Dave:
The purpose of this letter is to follow up with you on a few issues raised at the
November 20, 2000 City Council meeting concerning the adult use ordinance.
I. Adult Uses as Conditional Uses
I have done additional research concerning the suggestion that the ordinance be revised
to require conditional use permits for adult uses locating in the indusn'ial district. After
researching this issue, I strongly recommend against requiring adulc uses to obtain a
conditional use permit. Requiring a conditional use permit weakens the ordinance and subjectS
it to challenge by the adult business owner.
Because me Supreme Court has determined that zoning ordinances typically are
"content-neutral" with respect to the first amendment issues related to adult businesses, the
Supreme Court has upheld regulation of adult uses through zoning ordinances as lawful time,
place and maIliler restrictions. In upholding a zoning ordinance as a lawful time, place, and
manner regulation, the Supreme Court concluded its opinion with the statement that lithe First
Amendment requires only that cities refrain from effectively denying adult uses a reasonable
opportunity to open and operate and adult use within a City." The draft Farmington Zoning
Ordinance, as proposed. mirrors other ordinances that have been upheld by other courts.
So long as the zoning ordinance provides areas within the CilY for location of adult
businesses as permitted uses, together with other reasonable zoning restrictions, e.g. separation
requirements, the courts will merely examine the ordinance to determine whether or not the
City has a rational basis for the requirements and restrictions contained in the zoning regulation
and whether the areas provided within the City offer "reasonable alternative avenues for
communication" .
Suite 317 . Eagclndale Office Center · L380 Corporate Center Curve · Eagan. MN 55121
11/29/00 09:43 FAX 651 452 5550
CAMPBELL KNUTSON
I4J 003
..-.--.-----.---.-.--.- -------~-'---
Mr. Dave Olson
November 29, 2000
Page 2
However, if a zoning ordinance requires an adult use to obtain a special permit, such as
a conditional use permit, prior {Q locating within a city, the court I s analysis of the ordinance
changes from merely requiring a rational basis for the ordinance restrictions to reviewing
whether the pennit acts an unlawful prior restraint of the exercise of First Amendment
freedoms. A prior restraint exists whenever a government official is given unrestricted
discretion to grant or deny a permit or license to speak. A prior restraint is presumptively
unconstirutional and it is the City' 5 burden to establish that it has adequate substantive and
procedural safeguards to avoid suppression of the speech. Where a prior restraint on First
Amendment fTeedom exists, the Supreme Court requires imposition of adequate standards for
officials to apply when deciding whether to grant a permit to guarantee a prompt decision.
Subjecting the zoning ordinance to a prior restraint analysis opens the door to numeroUS
procedural challenges to the zoning ordinance that would not exist if the ordinance did not
require a conditional use permit. Many ordinances have failed to pass constitutional muster
under a prior restraint analysis. In addition, the case law concerning licensing and pennit
restrictions on adult businesses is difficult to comply with, in part, because the case law is
inconsistem and constantly changes with each new challenge raised by adult business owners.
If the City I s zoning ordinance were successfully challenged as a prior restraint on the exercise
of a f11"st amendment right, the City could be exposed to a costly legal battle and an adult use
could potentially avoid the requirements of the zoning ordinance altogether if the zoning
ordinance were deemed. unconstitutional.
Furthermore, the City's ability to deny adult uses through a conditional use permit may
further reduce the reasonable availability of property within the City for adult uses, to a level
which may be considered as unconstitutional as effectively denying adult uses reasonable
opportunity to locate in the community.
I recommend that the City authorize adult uses as permitred use~ in the district
identil:ied in the proposed zoning ordinance and that no conditional use permit be required for
location of an adult use within the City.
I am attaching some materials that generally speak to the subject of zoning and
permit/licensing restrictions, together with the U.S. Supreme Court's opinion in Renton v.
PlaYtime Theater.
ll. Require Covering of Magazines, etc.
The City Council questioned whether it would be appropriate to include a requirement
that sexually explicit materials offered for sale be covered in areas where minors may be
present. I believe that such a change to the ordinance would not be appropriate or necessary.
11/29/00 09:43 FAX 651 452 5550
CAMPBELL KNUTSON
I4J 004
.-
----
Mr. Dave Olson
November 29, 2000
Page 3
A. Minnesota State Law Prohibits Display
Minnesota law effectively addresses this concern. Minn. Stat. ~ 617.293 requires
material which is harmful to minors in its content located in any place of public
accommodation where minors are or may be present to be kept in a sealed wrapper, blocked
from view by opaque cover or physically segregated in a manner that physically prohibits
access to and view of the material by minors.
B. Not an Appropriate Zoning Requirement
Requirements concerning the packaging and location of sexually explicit material are
not typically associated with land use control under a zoning ordinance. Such requirements are
more appropriately addressed by a licensing ordinance that regulates the activity itself. The
City has inadequate mechanisms under the zoning ordinance to enforce such requirements. In
the event of a violation, the City could prosecute the matter as an ordinance violation or bring
a civil lawsuit enjoining the display of the material in violation of the ordinance. Since the
display requirements are adequately addressed under state law and violation thereof is a
misdemeanor and subject to injunctive relief, I recommend that display requirements not be
included in the zoning ordinance provisions concerning adult uses.
III. Interim Ordinance
Based on expiration dates, the interim ordinance cannot be extended.
Let me know if this response adequately addresses the issues raised and how you would
like these issues presented to the City Council at its December 4, 2000 meeting.
Very truly yours,
Campbell Knutson
Professional Association
Ba;~~
Andrea McDowell Poehler
AMP:cjh
RESOLUTION NO.
- 2000
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION ESTABLISHING FINDINGS OF FACT THAT
ZONING REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE
NECESSARY TO MINIMIZETHE SECONDARY ADVERSE EFFECTS OF SUCH
BUSINESSES IN THE CITY OF FARMINGTON
BE IT RESOLVED by the Planning Commission/City Council of the City of Farmington
as follows:
LEGAL BACKGROUND
WHEREAS, the Farmington Planning Commission/City Council has been provided with
background information on sexually oriented businesses which, in summary fashion, is as
follows:
1. The United States Supreme Court in its decision of Young v. American Mini
Theaters, 106 S.Ct. 925 (1986) has held that sexually oriented businesses engaged
in the offering of adult fare characterized by an emphasis on matter depicting
specified sexual activities or anatomical areas may not be completely prohibited
from doing business within cities by municipal ordinances.
2. The Supreme Court has further held that municipalities may regulate sexually
oriented businesses with lawfully enacted content-neutral time, place and manner
zoning and licensing ordinances if said regulations are not merely a pretext for
completely prohibiting within a City sexually oriented businesses based on the
content of the material being offered.
3. The Supreme Court has concluded that lawful content-neutral time, place and
manner regulations may have as their focus the minimization of the adverse
secondary effects on a community generated by the location and operation of a
sexually oriented business within a community. Adverse secondary effects are
defined as:
a. Increased incidence of crime,
b. Diminution of property values within the community and especially the
values of those properties adjacent to or in close proximity to the sexually
oriented business, and
c. Increased risk for the spread of sexually transmitted diseases.
89634
FINDINGS OF FACT
WHEREAS, based on the legal background referenced herein, the Farmington Planning
Commission/City Council hereby makes the following Findings of Fact in connection with the
regulation of sexually oriented businesses within the City.
89634.02
1.
That the Planning Commission/City Council has had an opportunity to review and
consider all the material and unsworn testimony presented before it in connection
with the regulation of sexually oriented businesses within the City.
2.
The Planning Commission/City Council has had an opportunity to review and
study the "Report of the Attorney General's Working Group on Regulation of
Sexually Oriented Businesses," dated June 6, 1989 referred to hereafter as the
"Report. "
3.
The Report considered evidence from studies conducted in Minneapolis and St.
Paul and in other cities throughout the country relating to sexually oriented
businesses.
4.
The Attorney General's Report, based upon the above referenced studies and the
testimony presented to it has concluded "that sexually oriented businesses are
associated with high crime rates and depression of property values." In addition,
the Attorney General's Work Group "* * * heard testimony that the character of a
neighborhood can dramatically change when there is a concentration of sexually
oriented businesses adjacent to residential property."
5.
The Report concludes that sexually oriented businesses have an impact on the
neighborhoods surrounding them which is distinct from the impact caused by
other commercial uses.
6.
The Report concludes that residential neighborhoods located within close
proximity to adult theaters, book stores, and other sexually oriented businesses
experience increased crime rates (sex-related crimes in particular), lowered
property values, increased transiency, and decreased stability of ownership.
7.
The Report concludes the adverse impacts which sexually oriented businesses
have on surrounding areas diminish as the distance from the sexually oriented
businesses increases.
8.
The Report concludes that studies of other cities have shown that among the
crimes which tend to increase either within or in the near vicinity of sexually
oriented businesses are rapes, prostitution, child molestation, indecent exposure,
and other lewd and lascivious behavior.
9.
The Report concludes that the Phoenix, Arizona study confirmed that the sex
crime rate was on the average 500 percent higher in areas with sexually oriented
2
businesses.
10. The Report concludes that many members of the public perceive areas within
which sexually oriented businesses are located as less safe than other areas which
do not have such uses.
11. The Report concludes that studies of other cities have shown that the values of
both commercial and residential properties either are diminished or fail to
appreciate at the rate of other comparable properties when located in proximity to
sexually oriented businesses.
12. The Report concludes that the Indianapolis, Indiana study established that
professional real estate appraisers believe that an adult book store would have a
negative effect on the value of both residential and commercial properties within a
one to three block area of the store'.
13. The Planning Commission/City Council finds the characteristics ofFannington
are sufficiently similar to those of the cities cited by the Reports when considering
the effects of sexually oriented businesses and that the findings concerning the
effects of sexually oriented businesses in other cities documented in the Reports
are relevant to potential circumstances in the City of Farmington.
14. The Planning Commission/City Council finds, based upon the Report and the
studies cited herein, that sexually oriented businesses have the potential for
adverse secondary effects upon certain pre-existing land uses within the City of
Farmington and that in reliance on data and conclusions made by the studies
documented in the Report, it is not necessary for the City of Farmington to
conduct its own independent study concerning the effects of sexually oriented
businesses located within the City.
15. The City of Farmington is currently without any ordinance regulating the location
of sexually oriented businesses within the City.
16. Pursuant to the United States Supreme Court case of City of Renton v. Playtime
Theaters. Inc., 106 S.Ct. 925 (1988), and others, it is clear that a permanent total
prohibition against sexually oriented businesses would be unconstitutional.
17. The City of Farmington is a balanced community with residential, commercial,
and industrial uses.
18. The Planning Commission/City Council finds that the location of sexually
oriented businesses within he City of Farmington will have a potentially
detrimental effect on the City by unnecessarily lowering property values within
the City if said establishments were located in inappropriate areas.
19. The Planning Commission/City Council finds that content-neutral time, place and
manner restrictions that regulate the zoning of sexually oriented businesses are
89634.02 3
necessary in the City of Farmington to minimize the potential adverse secondary
effects which will accompany the location and operation of said businesses within
the City but that said regulations should be drafted in such a manner as to allow
for reasonable opportunity to open and operate sexually oriented businesses
within the City while minimizing the secondary adverse effects.
RECOMMENDATION
THEREFORE, BE IT RESOL VED that the Planning Commission/City Council hereby
recommends the establishment of zoning controls which will serve to minimize the adverse
secondary effects of sexually oriented businesses while providing said businesses a reasonable
opportunity to locate and operate within the City of Farmington.
ADOPTED by the Planning Commission of the City of Farrnington, Dakota County,
Minnesota, this day of , 2000.
CITY OF FARMINGTON PLANNING
COMMISSION
Chairperson
ATTEST:
City Planner
ADOPTED by the City Council of the City of Farmington, Dakota County, Minnesota
this _ day of , 2000.
CITY OF FARMINGTON CITY
COUNCIL
Mayor
Attested to the _ day of
, 2000.
City Administrator
SEAL
89634.02
4
ORDINANCE NO.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE,
THE CITY'S ZONING ORDINANCE, BY MAKING PROVISIONS FOR
THE OPPORTUNITY AS WELL AS THE CONTROL
OF SEXUALLY ORIENTED BUSINESSES
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 10-1-4 of the Farmington City Code is amended to add the
following definitions:
SEXUALLY ORIENTED
BUSINESS:
A sexually oriented arcade; sexually oriented bookstore,
sexually oriented video store; sexually oriented cabaret;
sexually oriented conversation/rap parlor; sexually
oriented massage parlor; sexually oriented motel;
sexually oriented motion picture theater; sexually
oriented sauna; sexually oriented theater; escort agency;
nude model studio; sexual encounter center; and other
premises, enterprises, establishments, businesses, or
places open to some or all members of the public, at or
in which there is an emphasis on the presentation,
display, depiction, or description of "specified sexual
activities" or "specified anatomical areas" which are
capable of being seen by members of the public.
A. Specified Anatomical Area. Means any of the
following:
(1) Less than completely and opaquely
covered human genitals, pubic region,
buttocks, and female breast below a point
immediately above the top of the areola;
(2) Human male genitals in a discernible
turgid state, even if opaquely covered.
B. Specified Sexual Activities. Includes any of the
following:
(1) The fondling or other erotic touching of
SEXUALLY ORIENTED
BUSINESS - ACCESSORY:
SEXUALLY ORIENTED
BUSINESS - PRINCIPAL:
human genitals, pubic region, buttocks,
anus, or female breasts;
(2) Sex acts, normal or perverted, actual or
simulated, including intercourse, oral
copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in
connection with any of the activities set
forth in (I) through (3) above.
The offering of retail goods for sale which are classified
as sexually oriented uses on a limited scale and which
are incidental to the primary activity and goods and/or
services offered by the establishment. Examples of such
items include the sale of sexually oriented books or
magazines, or the sale and/or rental of sexually oriented
motion pictures.
The offering of goods and/or services which are
classified as sexually oriented uses as a primary or sole
activity of a business or establishment and include, but
are not limited to the following:
A. Escort. A person who, for consideration, agrees
or offers to act as a companion, guide, or date for
another person, or who agrees or offers to
privately model lingerie or to privately perform a
striptease for another person.
B. Escort Allencv. A person or business association
who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business
purposes, for a fee, tip, or other consideration.
C. Establishment. Means and includes any of the
following:
(I) The opening or commencement of any
sexually oriented business as a new
business;
89405.05 2
Rev: 11/28/00
(2) The conversion of an existing business,
whether or not a sexually oriented
business, to any sexually oriented
business;
(3) The addition of any sexually oriented
business to any other existing sexually
oriented business; or
(4) The relocation of any sexually oriented
business.
D. Nude Model Studio. Any place where a person
who appears in a state of nudity or displays
"specified anatomical area" is provided to be
observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other
persons who pay money or any form of
consideration.
E. Nuditv or State of Nuditv. Nudity or State of
Nudity is described as follows:
(I) The appearance of a human bare buttock,
anus, male genitals, female genitals, or
female breasts; or
(2) The state of dress which fails to opaquely
cover a human buttock, anus, male
genitals, female genitals, or areola of the
female breast.
F. Semi-Nude. A state of dress in which clothing
covers no more than the genitals, pubic region,
and areolae of the female breast, as well as
portions of the body covered by supporting straps
or devices.
G. Sexual Encounter Center. A business or
commercial enterprise that, as one of its primary
business purposes, offers for any form of
consideration:
(I) Physical contact in the form of wrestling
89405.05 3
Rev: 11/28/00
or tumbling between persons of the
opposite sex; or
(2) Activities between male and female
persons and/or persons of the same sex
when one or more of the persons is in a
state of nudity or semi-nude.
H. Sexuallv Oriented Arcade. Any place to which
the public is permitted or invited wherein coin-
operated or slug-operated or electronically,
electrically, or mechanically controlled still or
motion picture machines, projectors, or other
image-producing devices are maintained to show
images to five (5) or fewer persons per machine
at anyone time, and where the images so
displayed are distinguished or characterized by
the depicting or describing of "specified sexual
activities" or "specified anatomical areas".
I. Sexuallv Oriented Bookstore. or Sexual Iv
Oriented Video Store. A commercial
establishment which as a principal business
purpose offers for sale or rental for any form of
consideration anyone or more of the following:
(1) Books, magazines, periodicals or other
printed matter, or photographs, films,
motion pictures, video cassettes or video
reproductions, compact discs, computer
software, digital recordings, slides, or
other visual representations which depict
or describe "specified sexual activities" or
"specified anatomical areas"; or
J. Sexuallv Oriented Cabaret. A nightclub, bar,
restaurant, or similar commercial establishment
which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are
characterized by the exposure of
"specified anatomical areas" or by
89405.05 4
Rev: 11/28/00
"specified sexual activities"; or
(3) Films, motion pictures, video cassettes,
slides, compact discs, computer software,
digital recordings or other photographic
reproductions which are characterized by
the depiction or description of "specified
sexual activities" or "specified anatomical
areas".
K. Sexuallv Oriented ConversationIRaD Parlor. A
conversation/rap parlor which excludes minors
by reason of age, or which provides the service of
engaging in or listening to conversation, talk, or
discussion between an employee of the
establishment and a customer, if such service is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified
anatomical areas".
L. Sexuallv Oriented Massafle Parlor. A massage
parlor which excludes minors by reason of age,
or which provides for any form of consideration,
the rubbing, stroking, kneading, tapping, or
rolling of the body, if the service provided by the
massage parlor is distinguished or characterized
by an emphasis on "specified sexual activities" or
"specified anatomical areas".
M. Sexuallv Oriented Motel. A hotel, motel, or
similar commercial establishment which:
(I) Offers accommodations to the public for
any form of consideration; provides
patrons with closed-circuit television
transmissions, films, motion pictures,
video cassettes, slides, or other
photographic reproductions which are
characterized by the depiction or
description of "specified sexual activities"
or "specified anatomical areas"; and has a
sign visible from the public right-of-way
which advertises the availability of this
adult type of photographic reproductions;
89405.05 5
Rev: 11/28/00
or
(2) Offers a sleeping room for rent for a
period of time that is less than ten (10)
hours; or
(3) Allows a tenant or occupant of a sleeping
room to subrent the room for a period of
time that is less than ten (10) hours.
N. Sexual Iv Oriented Motion Picture Theater. A
commercial establishment where, for any form of
consideration, films, motion pictures, video
cassettes, slides, or similar photographic
reproductions are regularly shown which are
characterized by the depiction or description of
"specified sexual activities" or "specified
anatomical areas".
O. Sexual Iv Oriented Sauna. A sauna which
excludes minors by reason of age, or which
provides for any form of consideration, a steam
bath or heat bathing room used for the purpose of
bathing, relaxing, or reducing, utilizing steam or
hot air as a cleaning, relaxing, or reducing agent,
if the service provided by the sauna is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified
anatomical areas".
P. Sexual Iv Oriented Theater. A theater, concert
hall, auditorium, or similar commercial
establishment which regularly features persons
who appear in a state of nudity or live
performances which are characterized by the
exposure of "specified anatomical areas" or
"specified sexual activities".
SECTION 2. Section 10-3-2(0), (H) and (I) of the Farmington City Code is
amended by adding Sexually Oriented Businesses - Accessory, as permitted uses.
SECTION 3. Section 1O-3-2(K) of the Farmington City Code is amended by adding
sexually oriented businesses, principal and accessory, as permitted uses.
89405.05
Rev: 11/28/00
6
SECTION 4. Title 10, Chapter 6 of the Farmington City Code is amended to add
Section 10-6-23 as follows:
10-6-23:
SEXUALLY ORIENTED BUSINESSES:
(A) Purpose. The purpose of this section is to establish provisions for the opportunity as
well as control of sexually oriented businesses within the City of Farmington.
(B) General. Sexually oriented businesses as defined in this ordinance shall be subject
to the following general provisions.
1. Activities classified as obscene as defined by Minn. Stat. ~ 617.241 are
prohibited.
2. Sexually oriented businesses, either principal or accessory, shall be prohibited
from locating in any building which is also used for residential purposes.
3. Sexually oriented businesses, either principal or accessory, shall be prohibited
from locating in any building which is also licensed to sell intoxicating liquor,
non-intoxicating malt liquor or wine.
4. A sexually oriented business which does not qualify as a sexually oriented
business-accessory, shall be classified as a sexually oriented business-
principal.
(C) Sexuallv Oriented Business - Principal.
1. Sexually oriented business-principal shall be located at least three hundred
(300) feet from County State Aid Highways 31 and 50 as measured in a
straight line from the closest point of the property line of the building upon
which the sexually oriented business-principal is located, to the right-of-way.
2. Sexually oriented business-principal shall be located at least three hundred
(300) feet, as measured in a straight line from the closest point of the property
line of the building upon which the sexually oriented business-principal is
located, to the property line of:
(a) Residentially zoned property.
(b) Another sexually oriented business-principal.
(c) Schools.
(d) Churches.
89405.05 7
Rev: 11/28/00
(e) Day cares.
(t) Public library.
(g) Public parks/trails.
(h) On/off sale liquor establishments.
3. Sexually oriented business-principal activities, as defined by this ordinance,
shall be classified as one use. No two (2) sexually oriented business-principal
shall be located in the same building or upon the same property and each
business shall be subject to subsections (C)(l) and (2) above.
(D) Sexuallv Oriented Business - Accessorv.
1. Sexually oriented business-accessory shall:
(a) Comprise no more than ten percent (10%) of the floor area of the
establishment in which it is located; provided that the maximum floor
area used for sexually oriented business-accessory may not exceed
1,000 square feet.
(b) Comprise no more than twenty percent (20%) of the gross receipts of
the entire business operation.
(c) Not involve or include any activity except the sale or rental of
merchandise.
2. Sexually oriented business-accessory shall be restricted from and prohibit
access to minors by the physical separation of such items from areas of
general public access:
(a) Movie Rentals. Display areas shall be restricted from general view
and shall be located within a separate room, the access of which is in
clear view and under the control of the persons responsible for the
operation or shall be in catalogs under the direct control and
distribution of the operator.
(b) Magazines. Publications classified or qualifying as sexually oriented
shall not be physically accessible to minors and shall be covered with a
wrapper or other means to prevent display of any material other than
the publication title.
89405.05 8
Rev: 11/28/00
3. Sexually oriented business-accessory activities, including sale or display of
instruments, devices or paraphernalia which are used or designed for use in
connection with specified sexual activities, shall be prohibited at any public
show, movie, caravan, circus, carnival, theatrical or other performance or
exhibition presented to the general public where minors are admitted.
SECTION 5. This ordinance shall be effective immediately upon its passage.
ADOPTED this
City of Farmington.
day of
, 2000, by the City Council of the
CITY OF FARMINGTON
BY:
Gerald Ristow, Mayor
A TIEST:
John Erar, CityAdministrator
SEAL
Approved as to form the _ day of
, 2000.
City Attorney
Published in the Farmington Independent the _ day of
. 2000.
89405.05
Rev: 11/28/00
9
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d.
CITY OF FARMINGTON
Dakota County, Minnesota
SUMMARY OF ORDINANCE NO. AMENDING TITLE 10
OF THE CITY CODE, THE CITY'S ZONING ORDINANCE, BY
MAKING PROVISIONS FOR THE OPPORTUNITY AS WELL AS
THE CONTROL OF SEXUALLY ORIENTED BUSINESSES
NOTICE IS HEREBY GIVEN that, on December 4, 2000, Ordinance No. 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.
, the City Council has directed that a title and summary be prepared for publication
pursuant to Minn. Stat. ~ 412.191, subd. 4.
NOTICE IS FURTHER GIVEN that a complete, printed copy of the whole ordinance is
available for inspection by any person in the City Clerk's office at the Farmington City Hall
during the City's regular office hours.
NOTICE IS FURTHER GIVEN that the title of Ordinance No.
is as follows:
An Ordinance Amending Title 10 of the City Code, the City's Zoning
Ordinance, by Making Provisions for the Opportunity as Well as the Control of
Sexually Oriented Businesses.
NOTICE IS FURTHER GIVEN that the general purpose of the ordinance is to amend the
city ordinance by making provisions for the opportunity as well as the control of sexually oriented
businesses, as follows:
SECTION 1. This section amends Section 10-1-4 of the Farmington City Code by
adopting definitions of sexually oriented businesses and other terms that are used in the ordinance.
SECTION 2. This Section amends Subsections 10-3-2(0), (H) and (I) of the Farmington
City Code by adding Sexually Oriented Businesses - Accessory, as permitted uses in the B-1, B-2
and B-3 zoning districts.
SECTION 3. This Section amends subsection 10-3-2(K) of the Farmington City Code by
adding sexually oriented businesses, principal and accessory, as permitted uses in the 1-1 zoning
district.
SECTION 4. This section amends Title 10, Chapter 6 of the Farmington City Code by
adding a new Section 10-6-23, which is summarized as follows:
10-6-23:
SEXUALLY ORIENTED BUSINESSES:
(A) Purpose. Provides that the purpose of the Ordinance to provide opportunities and limit
the location of sexually oriented businesses.
65700
1
(B) General. Provides general restrictions on sexually oriented businesses, such as
prohibitions against obscene activities, location in a residential dwelling, location in an
establishment licensed to sell liquor.
(C) Sexually Oriented Business - Principal. Restrictions on the location of sexually
oriented businesses - principal, such as setback limitations from certain sensitive uses.
(D) Sexually Oriented Business - Accessory. Restrictions on sexually oriented businesses
- accessory, which limits the percentage of the business that may be devoted to a sexually oriented
business and provides regulations concerning sale and access by minors.
SECTION 5. This section sets the effective date as immediately upon passage of the
ordinance.
NOTICE IS FURTHER GIVEN that the City Council has unanimously approved this
Public Notice.
ADOPTED this
Farmington.
day of
, 2000, by the City Council of the City of
CITY OF FARMINGTON
BY:
Gerald Ristow, Mayor
ATTEST:
City Administrator
SEAL
Approved as to form the _ day of
, 2000.
City Attorney
Published in the Farmington Independent the _ day of
,2000.
65700
2
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cl.farmington.mn.us
/d~
TO:
Mayor, Councilmembers and
City Administrato,?~
FROM:
Daniel M. Siebenaler
Chief of Police
SUBJECT:
Dakota County Drug Task Force
2001 Joint Powers Agreement
DATE:
December 4, 2000
INTRODUCTION
The City of Farmington has been an active participant in the Dakota County Drug Task Force (formerly
Southeast Metro Narcotics Task Force) for many years. In the year 2000 two Dakota County Task Forces
joined together to form a single organization.
Under the terms of the new Joint Powers Agreement (JPA) the agreement must be renewed annually by
action of the governing boards of the participating local jurisdictions.
DISCUSSION
Membership in the Dakota County Drug Task Force by the City of Farmington provides the Farmington
Police Department access to resources that would otherwise be unfeasible in the form of personnel and
grant funding. These resources can then be used to conduct investigations and follow-up to narcotics
cases in Farmington.
As part of this Joint Powers Agreement the Farmington Police Department commits approximately 350
hours per year to the Task Force. Two Farmington representatives spend an average of 4 hours per week
assisting in Task Force investigations. This is the City's in-kind contribution which off-sets the
requirement for a local cash contribution.
BUDGET IMPACT
The Dakota County Drug Task Force has historically been funded by Federal Grant and proceeds from the
forfeiture of cash and vehicles from drug dealers. The Federal Grant for 2001 has been approved. It is
anticipated that there is sufficient funding available in the Task Force Budget to fund 2001 activity without
a local cash contribution.
Any excess funds generated will be returned to participating agencies in proportion to the time contributed.
ACTION REQUESTED
Approve the attached Dakota County. Drug Task Force Joint Powers Agreement and authorize participation
by the Farmington Police Department.
Respectfully submitted,
cyzL
Daniel M. Siebenaler
Chief of Police
2001 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
The parties to. this Agreement are units af gavernment respansib1e far the
enfarcement af cantralled substance laws in their respective jurisdictians. This
Agreement is made pursuant to. the authority canferred upan the parties by
Minnesata Statutes 471.59.
NOW THEREFORE, the undersigned gavernmenta1 units, in the joint and
mutual exercise o.f their pawers, agree as fallaws:
1. Name. The parties hereby establish the Dakata County Drug Task Force.
2. General Purpose. The purpase af this Jaint Pawers Agreement is to.
establish an arganizatian to. caardinate effarts to. apprehend and prasecute drug
affenders.
3. Members. The members af this Agreement shall cansist af the fallawing
units af gavernment:
City af Apple Valley
City af Burnsville
City af Eagan
City af Farmingtan
City af Hastings
Dakata County
City af Inver Grove Heights
City af Lakeville
City af Rasemaunt
City af Savage
City af Sauth S1. Paul
City af West S1. Paul
4. State and Local Assistance for Narcotics Control Program. The City
af Burnsville, acting an behalf af the Dakata Caunty Drug Task Farce and its
members, shall apply far funding under the State and Laca1 Assistance far
Narcatics Cantra1 Pragram ("grant funds"). The Burnsville City Manager shall
be the" autharized afficia1" as defined in the general pa1icies and pracedures far
the pragram.
5. Administrative Board.
5.1 The gaverning baard af the Task Farce shall be canstituted as fallaws:
The palice chief ar sheriff af each party shall appaint ane baard member to.
serve at the chief's ar sheriff's pleasure. The Dakata Caunty Attarney shall
appaint ane .baard member to. serve at the Caunty Attarney's pleasure. Baard
Page 1
members appainted by the palice chiefs and sheriff must be full-time
supervisary peace afficers of the jurisdictian ar affice that appaints the Baard
member.
5.2 Baard members shall nat be deemed emplayees af the Task Farce and
shall nat be campensated by it.
5.3 In January af each year, the Baard shall elect fram its members a chair, a
vice-chair, a secretary/treasurer, and such ather afficers as it deems necessary to.
canduct its meetings and affairs. The Baard may adapt rules and regulatians
gaverning its meetings. Such rules and regulatians may be amended fram time
to. time at either a regular ar a special meeting af the Baard pravided that at
least ten (10) days' priar natice af the meeting has been furnished to. each Baard
member. The Baard shall aperate by a majarity vate af all members present. A
qua rum af twa-thirds (2/3) af the members shall be required for all meetings.
6. Powers and Duties of the Board.
6.1 The Baard will farmulate a pragram to. carry aut its purpase.
6.2 The Baard will caardinate intelligence between the members and the Task
Farce.
6.3 The Baard shall appaint and superVIse the Agent-in-Charge af the Task
Farce.
The Baard may appaint and supervise an Assistant Agent-in-Charge af the
Task Farce. This appaintment will be with the cancurrence af the agent's
member agency.
6.4 The Baard may caaperate with ather federal, state, and lacal law
enforcement agencies to. accamplish the purpase far which it is arganized.
6.5 The Baard may make cantracts, incur expenses and make expenditures
necessary and incidental to. the effectuatian af its purpase and cansistent with
its pawers.
6.6 The Baard shall cause to. be made an annual audit af the baaks and
accaunts af the Task Farce and shall make and file a repart. to. its members
which includes the fallawing infarmatian:
(a) the financial canditian af the Task Farce;
(b) the status af all Task Farce prajects;
(c) the business transacted by the Task Farce; and
(d) ather matters which affect the interests af the Task Farce.
Page 2
6.7 The Task Farce's baaks, reparts, and recards shall be apen to. inspectian
by its members at all reasanable times.
6.8 The Baard may recammend changes in this Agreement to. its members.
6.9 The members may nat incur abligatians ar enter into. cantracts that extend
beyand the term af this Agreement.
6.10 The Baard will purchase liability insurance which shall be payable fram
Task Farce funds, and the Dakata Caunty Drug Task Farce may nat take any
actians under this Agreement until such liability insurance is in effect.
6.11 The Baard may receive real ar persanal praperty by grant, devise, or
bequest far the use af the Task Farce.
7. Finances.
7.1 The members intend to. fund the 2001 cast af aperatian af the Task Farce
tataling $803,643.00 as fallows: (1) $251,579.00 fram 2001 grant funds, and
(2) $357,410.00 in matching funds fram member cities and Caunty. Matching
funds shall fund the cantinued cast af maintaining the replacement afficers far
the full-time afficer assigned by same members to. the Task Farce. Additional
matching funds shall came fram farfeiture funds, and $10,000.00 fram the
Dakata Caunty Sheriff's cantingent fund far drug and alcahal investigatians.
All funds will be spent in federally autharized pragram areas.
7.2 The Task Farce's funds may be expended by the Baard in accardance with
this Agreement in a manner determined by the Baard. The Baard shall designate
the City af Burnsville to. act as depasitary far the Task Farce's funds. In no.
event shall there be a disbursement af Task Farce funds fram the City af
Burnsville depasitary withaut the signature af the Task Farce
Secretary/Treasurer, ar the Chairman in the absence af the Secretary/Treasurer.
7.3 The Baard shall receive a manthly financial repart af all expenditures and
receipts, and current fund balances fram the secretary/treasurer.
7.4 The members shall cantribute their grant funds and required matching
funds to. aperate the Task Farce. The required matching funds will be used to.
pay the 2001 salary and benefits af the full-time afficer hired to. replace the
afficer assigned to. the Task Farce by same members.
7.5 The Baard shall adapt a budget based upan grant funds, member matching
funds and maney made available fram ather saurces. The Baard may amend the
budget fram time to. time.
Page 3
7.6 The Baard may nat incur debts.
7.7 The Task Force's abligatian to. reimburse members far any expense, furnish equipment,
and the like is cantingent upan the Task Force receiving at least $275,000.00 in grant funds in
2001. If grant funds less than that amaunt are received, the Baard may reduce the level af
expense reimbursement and cut back an equipment and ather purchases atherwise required by
this Agreement.
8. Agent.
8.1 Each member shall assign ane experienced, licensed peace afficer to. serve
an the Task Farce as fallaws:
Dakata Caunty
City af Apple Valley
City af Burnsville
City af Eagan
City af Farmingtan
City af Hastings
City af Inver Grave Heights
City af Lakeville
City af Rasemount
City af Savage
City af Sauth St. Paul
City af West St. Paul
Five (5) Full Time Equivalent (FTE)
One (1) FTE
One (1) FTE
One (1) FTE
One Seventeen-Hundredth (.17) FTE
One Half (.5) FTE
One (1) FTE
One (1) FTE
One Fifteen-Hundredth (.15) FTE
One Quarter (.25) FTE
One Half (.5) FTE
Three Quarters (.75) FTE *
*After July 1,2001, this pasitian will be staffed at One (1) FTE.
8.2 Agents shall nat be emplayees af the Task Farce. Agents shall remain
emplayees af the member that has assigned them to. the Task Farce and shall be
paid by that member, nat the Task Farce.
8.3 Agents will be respansible far drug investigatian, including intelligence
management, case develapment, and case charging. Agents will also. assist ather
agents in surveillance and undercaver aperatians. Task Farce agents will wark
caaperatively with assisting agencies.
8.4 Agents will be supervised by the Agent-in-Charge ar, in his/her absence,
by the Team Leader assigned by the Agent-in-Charge to. act in his/her absence.
8.5 The member appainting the Agent shall furnish the Agent a weapan and a
vehicle and pay any lease payments, insurance, maintenance, and operating casts
af the vehicle.
8.6 The members shall maintain the afficer pasitians hired to. replace the
afficer assigned to. the Task Farce, ar maintain the Full Time Equivalent staffing
assigned to. the Task Farce as shawn in 8.1.
Page 4
9. Agent-in-Charge and Team Leader(s).
9.1 Fram the full-time Agents assigned by members, an Agent-in-Charge shall
be appainted by the Baard and serve at its pleasure. The Agent-in-Charge must
be a full-time, licensed supervisary peace afficer af a member. The Agent-in-
Charge shall remain an emplayee af the member city ar Caunty.
9.2 The Agent-in-Charge shall be in charge af the day-ta-day aperatian af the
Task Farce, including supervising the Task Farce's assigned persannel, subject
to. directian received fram the Baard. The Agent-in-Charge is respansible far
staffing, scheduling, case assignment, case management, recard keeping,
infarmant management, buy fund management, petty cash management, and
intelligence management. The Agent-in-Charge will be respansible to. keep the
Baard updated as to. the Task Farce's activity, which wauld include majar case
develapment within member jurisdictians. The Agent-in-Charge will supervise
the drafting and executian af all search warrants initiated by the Task Farce
Unit and will wark caaperatively with the agencies with venue aver the case.
The Agent-in-Charge will be respansible far all buy fund manies and petty cash
funds and will pravide Baard members with a manthly accaunting af all funds
disbursed and a written summary af activity with the unit.
9.3 The Agent-in-Charge may exclude Agents fram further Task Farce
invalvement subject to. review by the Baard and appraval af the member that
assigned the Agent to. the Task Farce.
9.4 Fram the Agents assigned by members, a Team Leader(s) may be
appainted by the Baard, with the cancurrence af the Agent's member agency,
and serve at the Baard's pleasure. The Team Leader(s) must be a full-time,
licensed peace afficer af a member and shall be paid a supervisar's salary by
that member agency anly during that time that the Agent-in-Charge is absent.
The difference between the rate af pay, if any, the Team Leader(s) wauld
narmally have received fram the member agency and the rate af pay far the
member's first line supervisar, hawever, will be paid by the Task Farce to. the
member agency. The Team Leader(s) shall remain an emplayee af the member
city ar Caunty at all times.
9.5. The duties, respansibilities and autharity af the Team Leader(s), while the
Agent-in-Charge is absent, shall be the same as the Agent-in-Charge as
described in paragraph 9.2. If there is mare than ane team leader, the Agent-in-
Charge will assign ane team leader to. act as Agent-in-Charge while the Agent-
in-Charge is absent.
10. Forfeiture, Seizures and Fines. Items that are seized by the Task Farce
may be used to. suppart Task Farce effarts. The use af these items must be
appraved by the Baard. In the case af Federal farfeiture actians, established
Federal Rules shall be fallawed. All remaining farfeited items shall be divided
amang Task Farce members in prapartian to. the "full-time equivalent"
cantributians af each member af this agreement as set farth at paragraph 8.1
Page 5
herein. Fine ar restitutian manies ardered paid to. the Task Farce by Caurt
Order shall be used to. affset equipment ar aperating casts af the Task Farce nat
funded by grant ar matching funds.
11. Indemnification. Each member shall fully indemnify and hald harmless
the ather members against all claims, lasses, damage, liability, suits, judgments,
casts and expenses by reasan af the actian ar inactian af its emplayees assigned
to. the Task Farce to. the extent nat cavered by insurance. This agreement to.
indemnify and hald harmless daes nat canstitute a waiver by any member af
limitatians an liability pravided by Minnesata Statutes, Chapter 466.
12. Duration.
12.1 This Agreement shall take full effect an January 1, 2001. All members
need nat sign the same capy. The signed Agreement shall be filed with the City
af Burnsville, who. shall natify all members in writing af its effective date.
With the exceptian af paragraph 4 af this Agreement, implementatian is also
cantingent upan receipt af grant funds. Priar to. the effective date af this
Agreement, any signatary may rescind its appraval.
12.2 This Agreement shall terminate an December 31, 2001, unless extended
by further written agreement af the parties.
12.3 This Agreement may be terminated at any time by the written agreement
af a maj arity af the members.
12.4 Upan terminatian af this Agreement, all praperty af the Task Farce shall
be sald or distributed to. the members in prapartian to. the '~full-time equivalent"
cantributians af each member af this Agreement as set farth at paragraph 8.1
herein.
IN WITNESS WHEREOF, the undersigned gavernmenta1 units, by actian
af their gaverning badies, have caused this Agreement to. be executed in
accardance with the autharity af Minnesata Statutes 471.59.
Appraved by the City Caunci1
CITY OF APPLE VALLEY
By
Date af Signature
Attest
Date af Signature
Page 6
Appraved by the City Cauncil
Appraved by the City Cauncil
Appraved by the City Cauncil .
Appraved by the City Cauncil
Appraved by the City Cauncil
Appraved by the City Cauncil
Page 7
CITY OF BURNSVILLE
By
Date af Signature
Attest
Date af Signature
CITY OF EAGAN
By
Date af Signature
Attest
Date af Signature
CITY OF FARMING TON
By
Date af Signature
~:~:~;f7-~l:-.o
CITY OF HASTINGS
By
Date af Signature
Attest
Date af Signature
CITY OF INVER GROVE HEIGHTS
By
Date af Signature
Attest
Date af Signature
CITY OF LAKEVILLE
By
Date af Signature
Attest
Date af Signature
Appraved by the City Cauncil
Appraved by the City Cauncil
Appraved by the City Cauncil
Appraved by the City Caunci1
Appraved by Dakata Caunty
Baard Resalutian No..
Dakata Caunty Attarney's Office
Dakata Caunty Judicial Center
1560 Highway 55
Hastings, Minnesata 55033
Telephane: (651) 438-4438
K/KOO-373 2001 DCDTF
Page 8
CITY OF ROSEMOUNT
By
Date of Signature
Attest
Date af Signature
CITY OF SAVAGE
By
Date of Signature
Attest
Date of Signature
CITY OF SOUTH ST. PAUL
By
Date af Signature
Attest
Date af Signature
CITY OF WEST ST. PAUL
By
Date af Signature
Attest
Date af Signature
COUNTY OF DAKOTA
By
Don Gudmundson, Sheriff
Date af Signature
Appraved as to Farm:
By
Assistant County Attarney/Date
Approved as to. Execution:
By
Assistant Caunty Attarney/Date
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/o?6
TO:
FROM:
SUBJECT:
Mayor, Councilmembers, City Administrato~
Robin Roland, Finance Director
Consider Issuance Certificates of Indebtedness
DATE:
December 4, 2000
INTRODUCTION
The City of Farmington's budgets for 2000 and 2001 include the purchase of several significant
pieces of equipment. Funding of these purchases has been identified as coming from the
issuance of Certificates of Indebtedness.
DISCUSSION
Under Minnesota State Statute 412.301, the City may borrow funds for the purchase of
equipment by issuing Certificates of Indebtedness with a term not exceeding 5 years.
The cost of the equipment to be purchased with the proposed certificates totals $710,000. The
items to be purchased include:
(2) Snowplow trucks
Police Squad
Fire Pumper
(2) Pick-up Trucks
Police & Fire Equipment
Dump truck
Boom Attachment
$202,000
23,000
356,000
56,000
9,700
45,000
18,300
Historically, the City has issued Certificates as either a Bond issue subject to bonding costs and
the public bidding requirements or by Council resolution, after quotes from local banking
institutions have been received.
After consulting the City's financial advisors (Ehlers & Assoc.), staff solicited quotes on these
certificates from three local banks. Marquette Bank Lakeville proposed the best terms, with an
interest rate of 5.5% for the five year period. The Certificates issued by the City of Farmington
would be tax exempt to the bank.
BUDGET IMPACT
Issuance of Certificates to fund equipment purchases is identified in both the 2000 and 2001 City
budgets. Debt service on the certificates is funded by the tax levy, as per Minnesota State
Statute.
ACTION REQUIRED
Adopt the attached resolution issuing $710,000 of Certificates of Indebtedness at a rate of 5.5%
payable over five years to Marquette Bank of Lakeville.
;i24Zr
Robin Roland
Finance Director
CERTIFICATION OF MINUTES RELATING TO
$710,000 GENERAL OBLIGATION EQUIPMENT
CERTIFICATES OF INDEBTEDNESS OF 2000
Issuer: City of Farmingtan, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held December 4,2000, at 7:00 o'clock
p.m., at the City Hall in Farmington, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, A WARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $710,000 GENERAL OBLIGATION EQUIPMENT
CERTIFICATES OF INDEBTEDNESS OF 2000
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the Certificates referred to in the title of this certificate, certify that the
dacuments attached hereto, as described above, have been carefully compared with the original
records of said corporation in my legal custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of said corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far as they relate
to. said Certificates; and that said meeting was duly held by the governing body at the time and
place and was attended throughout by the members indicated above, pursuant to call and notice
of such meeting given as required by law.
WITNESS my hand officially as such recording officer this 4th day of December, 2000.
City Administrator
Cauncilmember introduced the following resolution and moved its
adoption, which motion was seconded by Councilmember
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $710,000 GENERAL OBLIGATION EQUIPMENT
CERTIFICATES OF INDEBTEDNESS OF 2000
BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the City),
as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. The City Council hereby determines that it is in the best interest of
the City to issue its $710,000 General Obligation Equipment Certificates of Indebtedness of 2000
(the Certificates) of the City to finance the costs of acquiring items of capital equipment. Said
items of capital equipment have a useful life not less than the term of the Certificates. The
principal amount of the Certificates does not exceed .25 percent of the market value of taxable
property in the City.
1.02. Sale. Pursuant to the provisions of Minnesota Statutes, Section 475.60, subdivision
2(2), the public sale requirements do not apply to the sale of the Certificates since the City has
not and will not negotiate the sale of obligations pursuant to. said authorization in a principal
amount exceeding $1,200,000 during any 12 month period prior to or following the sale of the
Certificates. The Council has received an offer from Marquette Bank, N .A. Lakeville, in
Lakeville, Minnesota (the Purchaser), to purchase the Certificates at a price of $710,000, on the
further terms and conditions hereinafter set forth. The proposal is hereby accepted, and the
Mayor and the City Administrator are hereby authorized and directed to execute a contract on the
part of the City for the sale of the Certificates with the Purchaser.
SECTION 2. CERTIFICATE TERMS; REGISTRATION; EXECUTION AND
DELIVERY.
2.01. Issuance of Certificates. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Certificates having been done, now
existing, having happened and having been performed, it is now necessary for the City Council
to. establish the form and terms of the Certificates, to provide security therefor and to issue the
Certificates forthwith.
2.02. Interest Rates. Dates and Payment. The Certificates shall be originally dated as of
the date of delivery and shall bear interest from the date of issue until paid at the annual rate of
5.50% per annum. The Certificates shall not be subject to optional redemption prior to maturity.
Principal and interest on the Certificates shall be payable together in installments on the first day
of each month, commencing on , 2001, to the owner of record thereof as of the
close of business on the fifteenth day of the immediately preceding month, whether or not such
day is a business day, in accordance with the final terms agreed upon by the City and the
Purchaser; provided that the final installment of principal and interest will be payable no later
than December 1,2005. The Certificates shall be issuable only in fully registered form. The
installments af interest and principal in amounts agreed upon by the City and the Purchaser, shall
be payable by check or draft issued by the Registrar described herein. Upon initial delivery of
the Certificates pursuant to Section 2.05 and upon any subsequent transfer or exchange pursuant
to Section 2.04, the date of authentication shall be noted on each Certificate so delivered,
exchanged or transferred.
2.03. Appointment of Initial Registrar. The City hereby appoints the Finance Director of
the City as the initial bond registrar, transfer agent and paying agent (the Registrar). The City
reserves the right to remove the Registrar upon thirty days' notice and upon the appointment of a
successor Registrar, in which event the predecessor Registrar shall deliver all cash and
Certificates in its possession to the successor Registrar and shall deliver the bond register to the
successor Registrar.
2.03. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep a bond register in which the Registrar shall
provide for the registration of ownership of Certificates and the registration of transfers
and exchanges of Certificates entitled to be registered, transferred or exchanged.
(b) Transfer of Certificates. Upon surrender for transfer of any Certificate duly
endorsed by the registered owner thereof or accompanied by a written instrument of
transfer, in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the Registrar
shall authenticate and deliver, in the name of the designated transferee or transferees, one
or more new Certificates of a like aggregate principal amount and maturity, as requested
by the transferor. The Registrar may, however, close the books for registration of any
transfer after the fifteenth day of the month preceding each interest payment date and
until such interest payment date.
(c) Exchange of Certificates. Whenever any Certificates are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver one or more
new Certificates of a like aggregate principal amount and maturity, as requested by the
registered owner or the owner's attorney in writing.
(d) Cancellation. All Certificates surrendered upon any transfer or exchange
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When any Certificate is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
-2-
the endorsement on such Certificate or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar shall incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Certificate is at any time registered in the bond register as the absolute
owner of the Certificate, whether the Certificate shall be overdue or not, for the purpose
of receiving payment of or on account of, the principal of and interest on the Certificate
and for all other purposes; and all payments made to any registered owner or upon the
owner's order shall be valid and effectual to satisfy and discharge the liability upon
Certificate to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. For every transfer or exchange of Certificates
(except for an exchange upon a partial redemption of a Certificate), the Registrar may
impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to such transfer or
exchange.
(h) Mutilated. Lost. Stolen or Destroyed Certificates. In case any Certificate
shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new
Certificate of like amount, number, maturity date and tenor in exchange and substitution
for and upon cancellation of any such mutilated Certificate or in lieu of and in
substitution for any Certificate destroyed, stolen or lost, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case
of a Certificate destroyed, stolen or lost, upon filing with the Registrar of evidence
satisfactory to it that the Certificate was destroyed, stolen or lost, and of the ownership
thereof, and upon furnishing to the Registrar of an appropriate Certificate or indemnity in
form, substance and amount satisfactory to it, in which both the City and the Registrar
shall be named as obligees. All Certificates so surrendered to the Registrar shall be
canceled by it and evidence of such cancellation shall be given to the City. If the
mutilated, destroyed, stolen or lost Certificate has already matured or been called for
redemption in accordance with its terms it shall not be necessary to issue a new
Certificate prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Certificates, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision I, as amended.
2.05. Execution. Authentication and Delivery. The Certificates shall be prepared under
the direction of the Finance Director and shall be executed on behalf of the City by the signatures
af the Mayor and the City Administrator, provided that the signatures may be printed, engraved
or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of
whose signature shall appear on the Certificates shall cease to be such officer before the delivery
-3-
of any Certificate, such signature or facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if he had remained in office until delivery. Notwithstanding such
execution, no Certificate shall be valid or obligatory for any purpose or entitled to any security or
benefit under this Resolution unless and until a certificate of authentication on the Certificate has
been duly executed by the manual signature of the Registrar. The executed certificate of
authentication on each Certificate shall be conclusive evidence that it has been authenticated and
delivered under this Resolution. When the Certificates have been prepared, executed and
authenticated, the Finance Director shall deliver them to the Purchaser upon payment of the
purchase price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
2.06. Form of Certificates. The Certificates shall be prepared in substantially the
follawing form:
[Face ofthe Certificates]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF FARMINGTON
GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS OF 2000
Interest Rate
5.50%
Date of Original Issue
December _, 2000
REGISTERED OWNER: MARQUETTE BANK N.A., LAKEVILLE
PRINCIPAL AMOUNT: SEVEN HUNDRED TEN THOUSAND DOLLARS
THE CITY OF FARMINGTON, DAKOTA COUNTY, MINNESOTA (the City),
acknowledges itself to be indebted and hereby promises to pay to the registered owner named
above, or registered assigns, the principal sum specified above with interest thereon from the
date of original issue specified above or from the most recent interest payment date to which
interest has been paid or provided for, at the annual rate specified above, without option of prior
payment, to the person in whose name this Certificate is registered at the close of business on the
fifteenth day (whether or not a business day) of the immediately preceding month. The principal
hereof and interest hereon are payable together in installments of $ per month payable
on the first day of each month, commencing 1, 2001 and continuing on the first day
of each month to and including December 1,2005, on which date all remaining principal and
accrued interest shall be due and payable. The principal hereof and interest hereon are payable
in lawful money of the United States of America by check or draft by the Finance Director, City
of Farmington, Minnesota, as bond registrar, transfer agent and paying agent (the Registrar), or
its designated successor under the Resolution described herein. For the prompt and full payment
-4-
of such principal and interest as the same respectively become due, the full faith and credit and
taxing powers of the City have been and are hereby irrevocably pledged.
This Certificate is one of an issue in the aggregate principal amount of$710,000 issued
pursuant to a resolution adopted by the City Council on December 4, 2000 (the Resolution), to
finance the costs of acquisition of capital equipment, and is issued pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota thereunto enabling,
including Minnesota Statutes, Section 412.301 and Chapter 475. The Certificates are issuable
only in fully registered form.
As provided in the Resolution and subject to certain limitations set forth therein, this
Certificate is transferable upon the books of the City at the office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Certificates of other authorized denominations. Upon such transfer or exchange the
City will cause a new Certificate or Certificates to be issued in the name of the transferee or
registered owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or governmental charge
required to be paid with respect to such transfer or exchange.
The Certificates have been designated by the City as "qualified tax-exempt obligations"
pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986.
The City and the Registrar may deem and treat the person in whose name this Certificate
is registered as the absolute owner hereof, whether this Certificate is overdue or not, for the
purpose of receiving payment and for all other purposes, and neither the City nor the Registrar
shall be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Certificate in
order to make it a valid and binding general obligation of the City in accordance with its terms,
have been done, do exist, have happened and have been performed as so required; that, prior to
the issuance hereof, the City Council has levied ad valorem taxes on all taxable property in the
City, which taxes will be collectible for the years and in amounts sufficient to produce sums not
less than five percent in excess of the principal of and interest on the Certificates when due, and
has appropriated such taxes to its General Obligation Equipment Certificates of Indebtedness of
2000 Bond Fund for the payment of such principal and interest; that if necessary for payment of
such principal and interest, additional ad valorem taxes are required to be levied upon all taxable
property in the City, without limitation as to rate or amount; and that the issuance of this
Certificate, together with all other indebtedness of the City outstanding on the date hereof and on
the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed
any constitutional or statutory limitation of indebtedness.
-5-
This Certificate shall not be valid or become obligatory for any purpose or be entitled to
any security or benefit under the Resolution until the Certificate of Authentication hereon shall
have been executed by manual signature of the Registrar.
IN WITNESS WHEREOF, The City of Farmington, Dakota County, Minnesota, by its
City Council, has caused this Certificate to be executed on its behalf by the facsimile signatures
of the Mayor and City Administrator.
CITY OF FARMINGTON, MINNESOTA
City Administrator
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Certificates delivered pursuant to the Resolution mentioned within.
Date of Authentication: December _, 2000.
FINANCE DIRECTOR, CITY OF
FARMINGTON, MINNESOTA, as
Registrar
By
The following abbreviations, when used in the inscription on the face of this Certificate,
shall be construed as though they were written out in full according to the applicable laws or
regulations:
TEN ENT -- as tenants by the entireties
UTMA ................... as Custodian for ................
(Cust) (Minor)
under Uniform Transfers to Minors Act ......
(State)
TEN COM -- as tenants in common
JT TEN -- as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
-6-
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/de,
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: Public Facilities - Site Planning and Project Budget Update
DATE: December 4, 2000
INTRODUCTION
The purpose of this communication is to provide Council with a project update on facility
planning efforts and the status of project finances associated with the Central Maintenance and
Police Department facilities.
DISCUSSION
I am pleased to report that site and facility planning efforts are moving forward and remain on
schedule. In terms of actual building construction budgets, cost estimates remain on target and
are in keeping with estimates presented in the Facility Task Force Final Report.
Issues that have emerged and considered the most challenging are related to site development
factors. In particular, site design, campus development costs and soil correction issues have
resulted in the need to revise budgetary cost estimates. These factors have resulted in 1) the need
to replace poor soils, 2) the need to design a site that is compatible with a unified government
campus visian and 3) cost issues associated with a redesign of utility and road infrastructure to
avoid impacting the natural gas utility easement that crosses the site.
. Soil conditions represent the most significant factors affecting the project budget, as both the
project architect and construction manager have indicated that existing soil conditions will
not support the load bearing weight of the two facilities. This issue will necessitate the
removal of poor soils and their replacement with more compatible fill materials.
Consequently, this activity will generate greater project expenses than originally anticipated.
Costs associated with this activity are estimated at approximately $593,811 and were not
included in original project budget assumptions.
. In terms of site design, a campus approach will require additional road infrastructure to
interconnect the facilities and require the construction of an overall site drainage and ponding
system plan. Along with the need to ensure architectural compatibility between the two
facilities, this aspect of campus site planning is critical to ensure proper internal traffic flow,
site aesthetics and future facility expansion capabilities. Costs associated with this activity
are estimated at approximately $317,659 and were not included in original project budget
Mayor and Council
Public Facilities - Site Planning and Project Budget Update
Page 2 of5
assumptions as they related to the overall design of the site which were unknown at the time
the projects were approved. Typically, campus planning issues are identified once siting af
existing and future facilities has been accomplished. In terms of financing the campus site
improvements, it is proposed that these costs be financed separately from the main project
budget as these elements support the entire site, and are not necessarily related to anyone
specific facility.
. Finally, site planning with regard to the natural gas easement has created additional cost
considerations in designing and constructing a workable storm sewer drainage system,
parking facilities and on-site road configurations that avoids impacting the easement.
While these additional costs are an unfortunate development in the project, the project remains
viable from a public financing perspective, and continues to meet or exceed original project
financing assumptions contained in the original Performa produced during the Public Facilities
Task Force phase. Consequently, original project development scenarios still hold true and
provide the City with an exceptional municipal campus from a constructability, project
affordability and public service delivery perspective.
The questian yau may be asking is whether these site issues should or could have been
anticipated earlier? Directly speaking, it would have been very difficult to anticipate these site
issues without extensive soil testing and detailed architectural layouts of the two facilities,
including roads and utilities. Site development issues of this nature typically emerge after
extensive architectural and engineering work has been performed. In this case, private and public
development has been occurring all around the site, with Charleswood and the CSAH 31
Alignment to the west, Rottlund and DR Horton to the east and south of the City site. Needless to
say, these types of soils conditions were not anticipated by anyone given the City had not
received any significant indications that soils were problematic in this area.
BUDGET IMPACT
PROJECTBUDGETSUM~RY
In review of the overall project budget, which includes soils corrections costs, anticipated
expenditures remain under budget by approximately $21,224, with fully committed project
contingency funds of $547,540. At this stage in the project, cost estimates provided by both the
architect and construction manager indicate the need for additional project contingencies in the
amount of $230,510 to address potential unanticipated building and/or site construction costs.
The additional requested contingency represents approximately 3.2% of the preliminary project
budget estimates recommended by the Facility Task Force and approved by Council on May 1,
2000.
PROJECT CONTINGENCY RESERVE
While final project estimates generally suggest that most building costs have been identified,
analyzed and budgeted, the need to. ensure an adequate contingency reserve to deal with
unanticipated issues during construction is a key budgetary consideration.
Mayor and Council
Public Facilities - Site Planning and Project Budget Update
Page 3 of5
In terms of specific cost increases associated with the project, attached please find project cost
estimates supplied by the City's construction manager, E&V Construction Management
Consultants. Based on estimates generated from architectural schematics and engineering
assessments of site development issues, project costs associated with the Central Maintenance
and Police facilities, including on-site development costs, are estimated at $7,148,266.
Preliminary project cost estimates generated during the Facility Task Force stage of the process
were estimated at $7,169,490 indicating that project estimates at this point remain $21,224 below
original construction estimates.
It is important to note that final construction estimates are not reflective of actual construction
costs which can only be determined after project bids are received, analyzed and awarded. In
order to deal with unanticipated construction issues during project construction, the need to
maintain an adequate project contingency is necessary. As a result, it is requested that Council
consider an additional appropriation of $230,510 to be designated as project contingency. By
increasing this portion of the project budget, the City would have available additional funds to
deal with necessary project change orders or in the absence of such change orders, these funds
would be committed to debt service.
CAMPUS SITE INFRASTRUCTURE
In addition to the project costs cited above, site development costs that will support a unified
campus infrastructure have now been identified. It is important to note that campus site
development costs are separate from the original project budget assumptions given that road and
utility infrastructure will support the entire site and its related facilities. These costs were not
identified during the Facility Task Force process due to a number of unknown site variables, such
as how existing and future facilities would be designed on the site. These costs have now been
estimated at approximately $317,659 and will be separately underwritten by various City funding
sources.
The Water Board has already been approached regarding additional project cost allocations, and
has indicated a favorable consensus to these identified campus site costs. It has been discussed
that in exchange for Water Board sponsored site water services, the City would offer reciprocal
utility services to future Water Board facilities in the form of storm sewer and sanitary sewer
system access. In light of the fact that all these facilities are essentially related to local
government services, this exchange of service value is an appropriate inter-fund consideration.
Funding for campus site development needs to support interior street construction, storm sewer,
water and sanitary sewer systems have been reviewed and analyzed, and are available for project
funding through these separate financing sources.
CAPITAL EQUIPMENT - SUPPLEMENTAL
Similarly, additional capital equipment purchases for the Central Maintenance facility have been
recommended to be installed concurrently with construction of the facility. This includes a
heavier duty overhead crane system, a heavy duty vehicle lift, rough-ins for future vehicle lifts,
an oil/lubrication system, wash bay equipment and a vacuum system. By installing this
Mayor and Council
Public Facilities - Site Planning and Project Budget Update
Page 4 of5
equipment during facility construction, the City will experience significant cost-savings and
enhanced operational efficiencies. Funding for these expenditures has been reviewed and may be
appropriated through the Capital Acquisition fund.
PERFORMA - LONG TERM FUNDING ANALYSIS
In terms of financing the additional project contingency, the original funding scenario remains
viable as the project Performa was built on very conservative public financing projections.
Accordingly, the original funding scenario should still be on target as it relates to meeting long-
term tax capacity rate projections. According to City financial consultants, Ehlers and
Associates, changing market conditions will require the City to insure the lease revenue bonds to
secure a lower market interest rate. This will necessitate increasing the size of the bond from a
$7.6 million issue to an $8.54 million issue. Attached, please find a copy of an analysis
comparing sample bond issues that are both insured and uninsured. The difference in the net levy
is due to lower interest rates that are typically conferred on insured bond issues.
Accordingly, while the amaunt of the bonds will increase to accommodate both a slight increase
in project costs and the additional costs of insuring the bonds, the City's original debt service
levy assumptions are actually higher than the newly revised debt service levy analysis.
Consequently, newly revised financial projections remain consistent with original Performa
assumptions relative to maintaining a stable local tax rate of just under 30 percent. A revised
Performa is attached for Council review.
ACTION REQUESTED
Council consideration for the following actions:
1) Authorize additional project funding in the amount of $230,51 0 for contingency reserves that
will increase the total public facilities project budget to $7,400,000.
2) Authorize increasing the amount of bond issuance from $7.6 million to $8.54 million to
allow for bond insurance, a debt service reserve and an increased project budget. According
to City fiscal consultant projections, debt service levies should actually be lower than
originally assumed due to lower borrawing costs.
3) Authorize appropriate project funding sources to underwrite campus site infrastructure
elements that will support the overall site in the form of an interior road and site utilities.
Final amounts will be based on lowest, qualified bids.
4) Authorize appropriate project funding sources to underwrite additional capital equipment for
the Central Maintenance Facility. Final amounts will be based on actual contract prices at the
time of purchase.
File
Mayor and Council
Public Facilities - Site Planning and Project Budget Update
Page 5 of5
Attachments
Cc: Public Facilities Task Force
Water Board
Ehlers and Associates
Wold Architectural Group
E & V Construction Management Consultants
PUBLIC FACILITIES PROJECT ESTIMATE
Construction Management Cost Estimates
12/04/2000
CMF: Estimate Budaet Variance
Administration $58,000 $59,600 $1,600
Fees $346,323 $547,200 $200,877
Construction (building only) $3,156,570 $3,077,200 ($79,370)
Furnishings $46,000 $46,000 $0
Technology $31,750 $31,750 $0
Sub-Total $3,638,643 $3,761,750 $123,107
Applied Contingency $0 $0 $0
TOTAL $3,638,643 $3,761,750 $123,107
POLICE: Estimate Budaet Variance
Administration $57,800 $61,350 $3,550
Fees $210,703 $368,850 $158,147
Construction (building only) $2,001,989 1,740,000 ($261,989)
Furnishings $112,500 $112,500 $0
Technology $112,500 $112,500 $0
Sub-Total $2,495,492 $2,395,200 ($100,292)
Applied Contingency $0 $100,292 $100,292
TOTAL $2,495,492 $2,495,492 $0
SITE DEVELOPMENT Estimate Budaet Variance
Facility Site Construction $ 420,320 $ 465,000 44,680.00
Soil Corrections $ 593,811 $ ($593,811 )
Sub-Total $1,014,131 $465,000 ($549,131 )
Applied Contingency $0 $549,131 $549,131
TOTAL $1,014,131 $1,014,131 $0
PROJECT SUMMARY
CMF $3,638,643 $3,761,750 $123,107
Police Facility $2,495,492 $2,395,200 ($100,292)
Site Development $1,014,131 $465,000 ($549,131 )
Budgeted Contingency $0 $547,540 $547,540
TOTAL $7,148,266 $7,169,490 $21,224
Recommended Budaet Adiustments
Additional Contingency $ 250,000 $230,510
I Revised Project Expenditures $7,398,266 $7,400,000 I
11/29/2000
PUBLIC FACILITIES PROJECT
CAMPUS SITE INFRASTRUCTURE & EQUIPMENT
Buildings
CMF Equipment
Total Buildings
Expense
Funding Source
$ 101,700 Capital Acquisition Fund
$ 101,700
Site Infrastructure - Campus
Storm Sewer $ 73,744 Storm Sewer
Sanitary Sewer $ 12,130 Sanitary Sewer
Water Service $ 55,880 *Water Board
"S" Road (@ 54%) $ 94,989 Road & Bridge
"S" Road (@ 33%) $ 58,049 *Water Board
"S" Road (@ 13%) $ 22,868 Solid Waste
Total Campus Facilities $ 317,659
*Proposed Funding Sources; Road Funding allocation based on percentage of
site utilization. Campus utility infrastructure allocated according to category of
infrastructure. Total Requested Water Board contribution = $113,929.
NOV. 28. 2000 10: 09AM
EHLERS & ASSOCIATES
PRELIMINARY - For Discussion Only
~ Uninsured 1 Uninsured 2
Project Costs 7,400,000 7,400,000 7,400,000
Investment Income (100,000) (100,000) (100,000)
Costs of Issuance 91,540 41,730 44,200
Discount 111,000 136,900 137,550
Capitalized Interest 341,560 346,370 378,250
ReseNe 695,900 0 0
Total Issue 8,540,000 7,825,000 7,860,000
Average Annual 692,649 680,144 718,013
Less: Investment of Reserve 38,835 0 0
Less: Utility Revenue 277,060 272,057 287,205
Net for Levy 376,755 408,086 430,808
Reserve Yes No No
Insurance Premium $50,000 $0 $0
Scale Nobles County Nobles County Nobles County
sale of 11/16/00 scale plus scale adjusted
0.50% per Dain
estimates
Ehlers & Associates, Inc.
NO. 5768 P. 3
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