HomeMy WebLinkAbout06.05.00 Council Packet
COUNCIL MEETING
REGULAR
June 5, 2000
6:00 p.m. Special Council Workshop - Sewer Connection Tamarack Ridge
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS
a) Employee Service Recognition - Parks and Recreation Department
b) Legislative Update - Gene Ranieri, Association of Metropolitan
Municipalities
6. CITIZEN COMMENTS (Open for Audience Comments)
a) Traffic Control Concerns - Embry Avenue
/. CONSENT AGENDA
a) Approve Council Minutes (5/15/00) (Regular)
b) Approve Dew Days Permits - CEEF Fee Waiver Request
c) Approve Joint Powers Agreement - SKB Yard Waste Facility
d) Approve Assessment Agreement - 213th Street
e) Acknowledge Revision of Solid Waste Policy
f) Appointment Recommendation - Parks and Recreation Department
g) Appointment Recommendation - Public Works Department
h) Capital Outlay - Administration Department
i) Capital Outlay - Trail Maintenance Parks and Recreation Department
j) Consider Resolution Accepting Donations - Parks and Recreation
Department
k) Consider Resolution - Ratify LELS Patrol Unit 2000 Wage Re-opener and
2001 Collective Bargaining Agreement
1) Consider Transfer of Meals on Wheels Contract to CAP
m) Organizational Realignment - Liquor Store Operations Division
n) Organizational Realignment - Police Department
0) Schools and Conferences - Administration Department
p) Sprute/Severson Annexation Petition Withdrawal
q) Approve Bills
. PUBLIC HEARINGS
9. AWARDOFCONTRACT
Action Taken
Recognized
I,qormation Received
Information Received
Approved
Approved
Approved
Approved
Acknowledged
Ratified
Ratified
Information Received
Information Received
R39-00
R40-00
Authorized
I,qormation Received
Authorized
Information Received
I,qormation Received
Approved
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) 1999 Annual Financial Report Presentation
b) Consider Adoption of Competitive Cable Franchising Policy
c) Consider Resolution - Vermillion River Watershed Management Organization
Joint Powers Agreement
11. UNFINISHED BUSINESS
a) Authorize Eminent Domain - East Farmington 7th Addition (continued)
b) Consider Resolution - East Farmington 7th Addition Corrective Final Plat
c) Appoint Construction Management Firm - Public Facilities
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
.-
lriformation Received
Adopted
R41-00
Tabled
R42-00
Authorized
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminilon.mn.us
5 t::lJ
TO:
Mayor, Councilmembers
City Administrato~
FROM:
James Bell, Parks and Recreation
Director
SUBJECT:
Employee Service Recognition
DATE:
June 5, 2000
INTRODUCTION
In recognition of 25 years of dedicated employee service with the City of Farmington, the
City would like to recognize Marilyn Speiker with the Building Division of the Parks and
Recreation Department.
DISCUSSION
On May 21, 2000 Marilyn Speiker celebrated her twenty fifth year of continued service
with the City of Farmington. Throughout the many changes the City of Farmington and
Building Division has experienced in these past years, Marilyn has changed with them to
perform her duties in an efficient, enthusiastic and cooperative manner.
ACTION REQUESTED
Recognize Marilyn Speiker for 25 years of dedicated service to the citizens of the City of
Farmington.
Respectfully submitted,
L~
James Bell
Parks and Recreation Director
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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
~~
TO:
Mayor, Councihnembers
and City Administrator ~~
Daniel M. Siebenaler, Chief of Police
Lee Mann, City Engineer
FROM:
SUBJECT:
Embry A venue, Traffic Analysis
DATE:
June 5, 2000
INTRODUCTION
During Citizens Comments at the May 1, 2000 City Council meeting Mr, Pena of Embry Avenue,
requested Council action regarding traffic safety on Embry A venue. His request prompted a further police
department review of traffic control and safety issues on Embry A venue. That study has been completed
and is summarized in this report.
DISCUSSION
A computerized traffic analyzer was installed on Embry Avenue between May 3rd and May 7th, 2000. The
location of the installation was at the midpoint of the 18800 block. This midpoint location was selected as
recommended by the manufacturer to avoid inaccurate speeds resulting from acceleration and deceleration
resulting from turning movements at intersections or curves, The traffic analyzer consists of two hoses
across the street, similar in appearance to routine traffic counters, without the presence of a squad car to
affect vehicle speeds. It should be noted that on the fifth day of the study an unknown person cut one of
the hoses of the analyzer and halted the study. Valid information was retrieved for four full days of traffic.
According to the computer analysis Embry A venue carries an average of 434 vehicles per day on weekdays
at an average speed of 26.9 MPH. On Saturday, the street carried 454 vehicles at an average speed of 26
MPH. On Sunday the street carried 390 vehicles at an average speed of 25 MPH. Average speeds
measured both northbound and southbound were within one mile per hour of each other.
Peak traffic occurs in the morning between 6:00 AM and 7:00 AM and again between 4:00 PM and 5:00
PM with an average of 15 vehicles during the morning peak hour and 26 vehicles during the afternoon
peak hour,
According to the computerized analysis approximately 76% of all traffic travels at or below 29 MPH. An
additional 19% travels between 30-34 MPH. The accepted engineering standard in the establishment of
speed limits is the 85th percentile. The 85th percentile on Embry Avenue is at 33 MPH indicating that 85%
of all vehicles are travelling at or below 33 MPH, The 90th percentile is at 34 MPH, indicating that 90% of
all vehicles are travelling at or below 34 MPH.
The analysis has revealed that approximately 7% of all vehicles travel between 35-39 MPH. The analyzer
has also shown what appears to be a pattern of the most frequent violations for one hour in the morning and
one hour in the late afternoon. It should be noted that a very small number of vehicles, (less than 2%) do
travel in excess of 39 MPH, however this level of violation can be expected on any street, regardless of the
presence of traffic control devices.
CONCLUSION
As a result of the computerized analysis of Embry A venue staff concludes that the street carries a relatively
small number of vehicles each day when compared to other residential streets. This would indicate that
Embry A venue is being used as a local street as originally designed,
Traffic patterns tend to indicate that local motorists use Embry A venue to access Akin Road when traveling
to and from downtown Farmington with higher than average use between 6 - 7:00 AM and 4 - 5:00 PM.
Although none of the traffic volumes can be considered high the analysis does show that a higher than
anticipated percentage of drivers do speed (35-39 MPH) on Embry Avenue during very specific times.
The study also shows that the greatest number of those violations are southbound or up-hill during the
morning hours. This pattern seems to indicate school and work related traffic. A study during the summer
months will help to clarify whether this traffic is school related, There is no evidence of a pattern of
violations involving extremely high speeds (in excess of 39 MPH) demonstrated by this computerized
study.
As a result of these conclusions Police Department patrol staff has implemented speed enforcement
targeted at those specific times identified by the computerized analysis as well as other times during the
day. As requested by the residents a radar device has been installed in a fully unmarked vehicle to conduct
this enforcement. It should be noted that observation of traffic from this fully unmarked unit have resulted
in results similar to those obtained by the computerized analysis,
ACTION REQUESTED
It is staff opinion that this street is appropriately posted as previously recommended by the City Traffic
Engineer and that no additional signage should be added. Staff also believes that the speed issues
identified are an enforcement issue during very specific times of the day, Patrol staff has taken steps to
conduct enforcement in the area.
Respectfully submitted,
g~
~YJ1J11~
Daniel M. Siebenaler
Chief of Police
Lee Mann
City Engineer
cc: Anthony Pena
~
COUNCIL MINUTES
REGULAR
May IS, 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, Cordes, Soderberg, Strachan, Verch
None
City Administrator Erar, City Attorney Jamnik, City Management
Team
4. APPROv.EAGENDA
MOTION by Strachan, second by Soderberg to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Proclaim May 14-20,2000 Historic Preservation Week
Mayor Ristow proclaimed May 14-20,2000 as Historic Preservation Week.
b) Present Historic Preservation Award Certificate - Gerster Family
Ms. Bev Marben, of the Heritage Preservation Commission presented a Historic
Preservation Award Certificate to Mr. Jim Gerster for the Gerster family's
contributions in preserving Farmington's downtown by investing in a quality
restoration of their buildings at 332-340 3rd Street. Mr. Gerster thanked Council
and staff for their vision to make Farmington a unique community.
The City Council was also invited to a brief walking tour of downtown
Farmington conducted by Consultant Robert Vogel prior to the regular HPC
meeting of May 18, 2000.
6. CITIZEN COMMENTS
a) Traffic Control Concerns - Spruce and 6tb Street
In response to citizen requests, staff recommended the stop signs on 6th Street at
Spruce be relocated to Spruce Street. MOTION by Cordes, second by Soderberg
authorizing staff to implement the recommended traffic control changes at the
intersection of Spruce and 6th Street. APIF, MOTION CARRIED.
Council Minutes (Regular)
May 15,2000
Page 2
b) Traffic Control Concerns - Esquire Way and Essence Trail
In response to citizen requests, staff recommended a stop sign on Essence at
Esquire to provide a positive right-of-way control for the intersection, and
establish a crosswalk from the trail along Essence across Esquire to the park.
MOTION by Cordes, second by Soderberg authorizing staff to implement the
recommended traffic control changes along Esquire Way and at the intersection
with Essence Trail. APIF, MOTION CARRIED.
7. CONSENT AGENDA
Item 7a was pulled as Councilmember Verch was absent from the 4/29/00 Special
Meeting. MOTION by Soderberg, second by Strachan to approve Council Minutes
(5/1/00) (Regular). APIF, MOTION CARRIED. MOTION by Strachan, second by
Soderberg to approve Council Minutes (4/29/00) (Special). Voting for: Ristow, Cordes,
Soderberg, Strachan. Abstain: Verch. MOTION CARRIED.
MOTION by Cordes, second by Strachan to approve the Consent Agenda as follows:
b) Approved Historic Preservation Selection and Designation Process
c) Accepted 1999 Historic Preservation Annual Report
d) Accepted 2000 Goal Setting Outcomes
e) Acknowledged Resignation - Public Works Department
t) Received Information on Capital Outlay - Administration Department
g) Received Information on Capital Outlay - Parks and Recreation Department
h) Adopted RESOLUTION R34-00 Accepting Donations - Parks and Recreation
Department
i) Adopted RESOLUTION R35-00 Accepting Donation - Police Department
j) Received Information on School and Conference - Police Department
k) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Acknowledged City Street Width Standard
Currently the City standard width for local streets is 32 feet from the face of curb
to the face of curb within a 60-foot right-of-way. The City has received a number
of requests from both residents and developers concerning the need to approve
more pedestrian-friendly subdivisions that include sidewalks and the reduction of
traffic speeds. Staff proposed a 28-foot wide street standard for certain types of
local streets within a 60-foot right-of-way, allowing parking on one side of the
street and the requirement of a sidewalk on the opposite side of the street. Staff
discussed an information sheet which outlines the criteria that would be
considered when allowing 28-foot wide streets in a private development. In
approving the standard street modification, the developer would follow the
Development Approval Process.
Council Minutes (Regular)
May 15,2000
Page 3
Mr. Larry Frank, Arcon Development, stated the City has taken the lead on traffic
calming streets by requiring boulevard trees every 40 feet. This change in street
width will be on local streets that service a small number of lots such as cul-de-
sacs. This does increase the boulevards, providing more green space and
sidewalks on one side.
MOTION by Strachan, second by Verch approving the creation of an additional
standard local street width to allow for 2S-foot street widths within a 60-foot
right-of-way in instances where the criteria is met. APIF, MOTION CARRIED.
b) Consider Resolution - Adopt 2020 Comprehensive Plan Update
The Metropolitan Council approved the City's Comprehensive Plan update on
March 22, 2000. A letter was received from Ted Mondale, Chair of the
Metropolitan Council indicating that the Metropolitan Land Planning Act requires
communities to formally adopt their comprehensive plan within nine months of
final action by the Council. Staff will begin the process of identifying the
necessary zone changes and zoning ordinance updates that will be required to
implement the new Comprehensive Plan in the second half of 2000.
MOTION by Soderberg, second by Cordes adopting RESOLUTION R36-00
approving the 2020 Comprehensive Plan Update as approved by the Metropolitan
Council on March 22,2000. APIF, MOTION CARRIED.
c) Consider Resolution - Tamarack Ridge Preliminary PlatlPUD
James Development company proposes to develop approximately 64 acres east of
Trunk Highway 3, south of County Road 66, west of the Prairie Waterway and
Cambodia A venue and north of 20Sth and 209th Streets. The developer proposes
73 single family lots. The Carriage Homes will be developed by Centex Homes
and will consist of 134 two-story condominiums in S to 10-unit buildings and will
be part of a homeowner's association. The Farmington Family Townhome project
will be constructed by Jim Deanovic of Farmington Family Housing Limited
Partnership and will consist of 32 rental units. The developer anticipates the
commercial area will be developed within 3 to 5 years. Possible uses within the
commercial area include a gas station, dry cleaner, insurance office, etc. along
with a possible location of a day care. The developer also proposes a 4.5 acre
park on the southern portion of the property including a ballfield and play
structure.
Mr. Jim Ostenson, James Development, stated there will be one or two signs
stating where the commercial area will be located.
At the May 9, 2000 Empire Town Board meeting, information concerning costs
and connection fees to residents to connect to City water service was discussed.
The residents are in favor of being connected to City water. The residents will
continue to be on Empire Township sewer service. Therefore, a joint powers
agreement between the City and the Township needs to be implemented to
address the various issues involved with the maintenance and operation of the
Council Minutes (Regular)
May 15, 2000
Page 4
Township sewer in the City. Council felt this arrangement would cause
confusion. Staff stated they would become City residents, but would pay another
utility. Councilmember Strachan asked what the difference is between this
situation and an Ash Street resident. Staff stated under City Code any property
that receives City services, must become part of the City, that is the difference.
City Attorney Jamnik stated any possible conflicts will be addressed in the joint
powers agreement.
Mr. Jim Ostenson, James Development, stated it may be beneficial to see what we
might have had as opposed to where we are at now. We could have had a
situation where Farmington owns the north half of the road and Empire owns the
south half. They looked at possibly putting their own water line down the road so
there would have been one for Farmington and one for Empire. The fact we are at
the point where it is Farmington's road, urban on both sides, and one water line, it
is much better than what it could have been.
Staff understood Council's concern with the residents receiving one service from
the City and another service from the Township. The thinking in this case would
be to not look at the township as another municipal provider. Think of them as a
private utility. The joint powers agreement would specify this is their line, they
own it, they own the conduit, they are obligated to repair it. Mayor Ristow stated
it has been policy if people are in the City, they will receive both services. The
only situation he will support is for the residents to have both services provided
by the City.
Mr. Keith Ellis, 600 Park Drive, stated possibly a phase-in clause could be
included in the joint powers agreement where at a certain point in time, such as 10
years, the City will know what it is buying as far as the sewer line and how it is
performing. At that time the City could step in and take ownership.
MOTION by Soderberg, second by Strachan adopting RESOLUTION R37-00
approving the Tamarack Ridge Preliminary Plat contingent upon the following
items:
1. The City and Empire Township resolve the water main issues within the
209th Street right-of-way and street construction issues for 20Sth and 209th
Streets.
2. All engineering issues are addressed, resolve sewer line issues, and
prepare a joint powers agreement on sewer services.
APIF, MOTION CARRIED.
d) Consider Request - Dakota Valley Arts Council
The Dakota Valley Arts Council applied for and received a grant to aid in the
process of displaying public art in Farmington. The DV AC worked with Mr. Jack
Becker to research the possibilities. He worked with a group of 20 residents and
Council Minutes (Regular)
May 15,2000
Page 5
stakeholders to see how the project would work. Two projects identified are the
placement of art objects in the Depot Park Way and The Green Chair Project.
Objects such as The Green Chair could be moved around to different areas in the
City. The group also considered contacting local artists to display their artwork
temporarily. MOTION by Soderberg, second by Verch to approve the proposed
location of Art Objects in Depot Park Way and the proposed placement of The
Green Chair Project next to the mural in the vacant lot on 3rd Street or in
Farmington Green. APIF, MOTION CARRIED.
11. UNFINISHED BUSINESS
a) Authorize Eminent Domain - East Farmington 7th Addition (continued)
Mr. Rod Hardy, Sienna Corporation received an offer from the affected property
owner which possibly will result in a satisfactory solution. Therefore, this item
was continued to the June 5, 2000 Council Meeting.
b) Consider Resolution - Amending Pool Rate Structure
At the May 1, 2000 Council Meeting, residents expressed concerns regarding the
introduction of ticket books in place of season passes at the Swimming Pool.
Staff studied the season pass issue and proposed the following:
Only Resident Season Passes would be available for sale.
2000 Season Pass Rates: $50.00 for each Individual Season Pass
$120.00 for a Family Pass of 4 persons or less
$25.00 for each additional immediate family
Each family member will be given a Season Pass card and number with their
registration.
Lost card may be replaced with a $1 replacement fee.
Additional features to the current ticket book admissions are:
Purchase 5 books at the regular price at one time and get 1 book free. Cost of
individual admittance will be reduced to $1.25 for residents, with a higher cost
for non-residents ($1.50).
Hand stamps will continue to be used to allow patrons to leave and return
during the same session.
Unused tickets would be good until August of the following year.
Mr. Keith Ellis, 600 Park Drive, felt Council needed to address all activities, the
pool, softball fields, etc. How much is the City willing to subsidize? If it is a
business, run it like a business and compete against the market. If not a business,
treat it as a policy for the common good of the residents. Staff stated these rates
bring the City on a level with other cities.
In order to keep costs down for larger families, Council agreed to charge $10.00
for each additional immediate family member instead of $25.00. MOTION by
Soderberg, second by Ristow adopting RESOLUTION R38-00 establishing the
Season Pass Fees with the noted change. APIF, MOTION CARRIED.
Council Minutes (Regular)
May 15,2000
Page 6
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
a) Streetscape Project - Update
Staff updated Council on the progress of the project which is well underway.
b) Water Board Interview - Discussion
Four candidates were interviewed earlier in the evening for a vacancy on the
Water Board. MOTION by Soderberg, second by Cordes to nominate Matthew
Crawford to the Water Board effective June 5, 2000 - January 31, 2002. APIF,
MOTION CARRIED.
City Engineer Mann: Well No.5 is running as of Friday and the SCADA system
will be completed shortly. He met with the Castle Rock Engineer and made progress on
design issues of the storm sewer. There will be another meeting next week.
Mayor Ristow:
train whistle issue.
He received an update from City Attorney Jamnik on the
14. EXECUTIVE SESSION - Litigation Update Progress land Company
Council adjourned into Executive Session at 9:50 p.m.
15. ADJOURN
Respectfully submitted,
fr~~ ~7~~
Cynthia Muller
Executive Assistant
City of Farmington
325 Oak Streett Farmingtont MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmingJon.mn.us
7~
TO:
Mayor, Councilmembers, City Administrator~
James Bell, Director Parks and Recreation
FROM:
SUBJECT:
Approve Dew Days Permits - CEEF Fee Waiver
DATE:
June 5, 2000
INTRODUCTION
Permits are needed for Dew Days Celebration.
DISCUSSION
The Dew Days Committee and CEEF is requesting that the City Council waive the fees
for the permits required for the annual celebration. Council has approved the waiver of
fees in past years.
Attached is a list of the events which require permits and their fees.
BUDGET IMPACT
The total cost of waiving these permit fees for the 2000 Celebration is $2,865.00. These
fees were not budgeted for as revenues in the 2000 budget.
ACTION REOUESTED
Approve the waiver of permit fees, as noted in the attached fees list.
Respectfully submitted,
~b~
James Bell
Parks and Recreation Director
2000 DEW DAYS FESTIVAL PERMITS
The following is a listing of events, sponsors, locations and the established fees for each event
which requires a permit.
Temporary Exhibitions - Ord. 3-17-4 - 2000 Fee = $15.00 per Event
Queen Coronation
Kiss the Pig
Art Show
Bed Races
Kids Fun
Dew Run
Kiddie Parade
Horseshoe Contest
Bike Tour
Pet Show
Grand Parade
Medallion Hunt
Bike Rides
Silent Auction
Trout Tank
Chalk Drawing
Street Dance
Car Show
Rides (Inflated)
Pony Rides
Stage Entertainment
Festival Committee
Festival Committee
DVAC
Parks and Recreation
Farmington Jaycees
Parks and Recreation
Festival Committee
Eagles Club
Historical Society
Festival Committee
Festival Committee
Festival Committee
B&B Pizza
O'Mally's
Dakota County Sportsmen
Parks and Recreation
Festival Committee
Festival Committee
Festival Committee
Festival Committee
Parks and Recreation
21 Events x $15.00 = $315.00
Rambling River Park
Rambling River Park
Arena
Middle School
Library
Downtown
Rambling River Park
Rambling River Park
Around Town
Rambling River Park
Downtown
Downtown
Downtown
Downtown
Rambling River Park
Rambling River Park
Rambling River Park
Middle School
Rambling River Park
Rambling River Park
Rambling River Park
Transient Merchant - Ord. 3-18-1 - 2000 Fee = $50.00 per Quarter
Concession
Concession
Concession
Concession
Concession
Concession
Concession
Concession
Balloons
Crafts
Pig Roast
Sletten's
Brad Schroeder (3)
Medley Concessions
Eagles
Thoroughbred Carpets
Taco Dick's
Springcreek Buffalo Burgers
Matt Milner Sales
Craft Vendors (40)
51 Vendors x $50.00 = $2,550
Temporary 3.2 On-Sale License
Beer Garden
Festival Committee
Rambling River Park
Rambling River Park
Rambling River Park
Rambling River Park
Rambling River Park
Rambling River Park
Rambling River Park
Rambling River Park
Parade Route
Arena
Rambling River Park
Total Cost of Permit Fees for 2000 Celebration = $2,865
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7c,
TO: Mayor, Councilmembers and City Administrato~
FROM: James Bell, Parks and Recreation Director
SUBJECT: Joint Powers Agreement - SKB Yard Waste Facility
DATE: June 5, 2000
INTRODUCTION & DISCUSSION
The City of Farmington has had a joint powers agreement with the cities of Lakeville, Apple Valley,
Rosemount and SKB Environmental, Inc. relating to the operation of a yard waste compo sting
facility on Pilot Knob Road. It is proposed to extend the existing contract for two years.
BUDGET IMPACT
The agreement requires no financial commitment from the cities. The City may deliver 200 cubic
yards of material per year at no charge. The City may receive in a City vehicle, without cost to the
City, 60 cubic yards of finished compost.
ACTION REOUESTED
Approve the two year extension on the existing contract.
Respectfully submitted,
-Jv- lbA
James Bell
Parks & Recreation Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7e1
TO: Mayor, Councilmembers, City Administrato~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Approve Assessment/Sewer Connection Agreement - CR 72 Project
DATE: June 5,2000
INTRODUCTION
Brian and Andrea Smith, 3379 213th Street West (formerly County Road 72), have petitioned
for connection to the recently installed sanitary sewer in 213 th Street.
DISCUSSION
Due to the fact that the assessment hearing for the CR 72 project has not been held, it is
necessary for the City and the Smith's to enter into an assessment agreement to allow the
Smith's to connect their property to the sanitary sewer. Under the terms of the agreement,
the Smith's agree to be assessed for the County Road 72 assessments and waive their rights
to object to the assessments.
BUDGET IMPACT
None.
ACTION REOUESTED
Acknowledge and approve the attached Assessment/Sewer Hookup Agreement between the
City and Brian and Andrea Smith.
Respectfully submitted,
~>>Z~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
(Reserved for Recording Data)
ASSESSMENT/SEWER CONNECTION AGREEMENT
THIS AGREEMENT (the "Agreement") made this day of May, 2000, by and
between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") with
offices at 325 Oak Street, Farmington, Minnesota, and BRIAN G, SMITH and ANDREA M.
SMITH, husband and wife ("Owners").
Recitals:
Owners own the real property located in Dakota County legally described on Exhibit "A"
attached hereto and incorporated herein, also with the Parcel Identification Number of
140320005026 and a street address of 3379 213th Street West, Farmington, MN 55024
("Subject Property").
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.
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
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 Owner 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
seven percent (7.0 %) 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 - $1100, the City SAC fee - $360, and a sewer
connection permit fee - $60. 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
Owners. Execution of this agreement by Owners authorizes the City to assess the hookup fees
against the Subject Property if Owners do not wish to pay the hookup fees at the time of sewer
connection permit issuance.
Owners, by signing this Agreement, acknowledges that all procedural and substantive
objections to the Assessments are hereby waived unconditionally, such waiver includes any
rights of Owners, their heirs, 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:
Gerald G. Ristow, Mayor
By:
John F. Erar, City Administrator/Clerk
OWNERS:
By:
Brian G. Smith
By:
Andrea M. Smith
2
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this day of
, 2000, by GERALD G. RISTOW and by JOHN F. ERAR, respectively 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.
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this
May, 2000, by Brian G. Smith and Andrea M. Smith, husband and wife.
day of
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
3
EXHIBIT "A"
to
ASSESSMENT/SEWER CONNECTION AGREEMENT
DESCRIPTION OF THE SUBJECT PROPERTY
That part of the NW 1,4 of the NW 1,4, in Section 32, Township 114, Range 19, Dakota County,
Minnesota, described as beginning at a point on the South line thereof 580.55 feet East along the
said South line from the SW comer of the said NW 1,4 of the NW 1,4, thence North parallel with
the West line of the said NW 1,4 of the NW 1,4 193 feet, thence East parallel with the South line
of the said NW 1,4 of the NW 1,4 80 feet, thence South parallel with the West line of the said NW
1,4 of the NW 1,4 193 feet to the South line of the said NW 1,4 of the NW 1,4, thence West along the
South line of the said NW 1,4 ofthe NW 1,4 80 feet to the point of beginning.
4
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7e
TO: Mayor, Councilmembers and City Administrato~
FROM: James Bell
Parks and Recreation Director
SUBJECT: Revising Solid Waste Policy
DATE: June 5, 2000
INTRODUCTION
The City of Farmington has made recycling opportunities available to its residents since 1989.
DISCUSSION
In an ongoing effort to provide high quality, efficient, and cost-effective services to our residents, the
City, in cooperation with Lakeville Sanitary, Inc., the City's recycling contractor, is revising the
procedure for collecting recyclables.
Farmington solid waste customers will now be able to recycle using 3 sorts rather than separating
each recyclable material, making recycling much more convenient and customer friendly. New
technology has made separating commingled recyclables at recycling facilities cost effective and very
efficient.
BUDGET IMPACT
None.
ACTION REOUESTED
For information only.
Respectfully Submitted,
.Jc-- 6 J2.9-
James Bell
Parks and Recreation Director
cc: file, Benno Klotz, Lena Larson, David Domack - Lakeville Sanitary, Inc.
RECYCLING - EASY AS 1 @ 2 @ 3 @ I!!
PLEASE SAVE
FOR FUTURE
REFERENCE.
Effective immediately, preparation of recyclables changes to
3 Sorts. Separate your recyclables by placing all cans, glass and plastics with
a neck into one grocery bag, and place all newsprint, magazines, boxboard and
junk mail into another paper grocery bag. Set bags in your recycling bin and place
bin 5 or more feet away from your trash container for pick-up.
SORT 1
STEEL AND ALUMINUM CANS
rinse, no need to remove labels
GLASS
rinse clear, green and brown food and
beverage bottles and jars
remove caps, lids and rings
no need to remove labels
PLASTICS WITH A NECK
rinse & flatten - pop, milk, ketchup,
cooking oil, detergent bottles, etc.; throw
away caps and pumps, no need to remove
labels
6) NO drinking glasses, ceramics,
window glass, glass cookware, tupperware,
bags/wrap, toys, caps/pumps from
containers, flower pots, margarine tubs,
ice cream pails, etc.
~
SORT 2
NEWSPAPER
include newspaper ads
MAGAZINES
shiny magazines & catalogs
JUNK/UNSOLICITED MAIL
all first class mail
all white and light colored paper
(includes envelopes with labels & windows)
recycled paper, computer paper
BOXBOARD
cereal, cracker, potato chip, snack, noodle &
pasta boxes; toi let paper and paper towel
rolls, soap & toothpaste boxes and beverage
boxes
6) NO TV Guides, comic books, hard cover
or paperback books, product samples, metal
bindings, construction paper, waxy or glossy
cardboard, frozen food boxes
SORT 3
CORRUGATED CARDBOARD
needs to be broken down into 2' x 2' bundles and tied or taped both ways.
(For large amounts of cardboard call 651-463-1610 for drop off locations.)
NO waxy or glossy cardboard, pizza boxes
City of Farmington Recycling
651-463-1610
June 2000
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7-f
TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
Appointment Recommendation - Parks and Recreation Department
DATE:
June 5, 2000
INTRODUCTION
The recruitment and selection process for the appointment of a full-time Park Keeper/Solid Waste worker
in the Park and Recreation Department has been completed. The need to fill this authorized position was
created by an internal staff promotion.
DISCUSSION
After a thorough review of applicants for this position by Parks and Recreation management staff and
Human Resources Office, an offer of employment has been made to Mr. Joseph Johnston, subject to
ratification by the City Council.
Mr. Johnston has a wide variety of experience in solid waste collection activities having worked for two
private sanitation companies since 1993. Mr. Johnston also has experience in park maintenance activities
having operated his own lawn maintenance service businesses for several years. In addition, Mr.
Johnston possesses a Class "A" commercial license and has extensive experience in the operation of
equipment dealing with solid waste and park maintenance activities.
In review of Mr. Johnston's application, it was noted that his brother, Mr. Don Johnston, currently works
in another City department and, in accordance with the City's nepotism policy, neither brother will ever
be placed in a position that requires supervision or evaluation of another family member. This aspect of
the City's policy was clarified with Mr. Joseph Johnston, and has been reviewed and approved by the
City Attorney.
Consequently, Mr. Johnston is fully qualified and capable to serve as a full-time park keeper/solid waste
worker.
BUDGET IMPACT
Funding for this position is authorized in the 2000 City Budget.
RECOMMENDATION
Ratify the appointment of Mr. Joseph Johnston as a full.,time Park Keeper/Solid Waste Worker effective
June 19, 2000.
ohn F. Erar
City Administrator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
?1
TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
Appointment Recommendation - Public Works Department
DATE:
June 5, 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 resignation.
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. Robert Zwart, subject to ratification by
the City Council.
Mr. Zwart has been working for the City of Savage in a similar position since September, 1992 where he
was responsible for a variety of street and utility maintenance activities. Mr. Zwart's previous work
record reflects extensive knowledge of utility maintenance machinery, equipment and systems. In
addition, Mr. Zwart has class "B" licenses in water and waste water operations and has substantial
experience in many areas of street maintenance operations. Prior to working for the City of Savage, Mr.
Zwart served in the military for four years and was honorably discharged.
Mr. Zwart'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. Robert Zwart as a full-time Maintenance Worker effective June 6, 2000.
Respectfully submitted,
1 n F. Erar
ity Administrator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7~
TO: Mayor, Councilmembers, City Administrator~
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Capital Outlay - Administration
DATE: June 5, 2000
INTRODUCTION
Staff proposes the purchase of ten Voting Booths to be used in the 2000 election.
DISCUSSION
With a growing number of voters and the addition of precinct number 4, there is a need to
expand the number of voting booths the City currently has.
BUDGET IMPACT
Cities in Dakota County are jointly purchasing voting equipment to provide better
pricing. The 2000 budget allows for the purchase often booths at a total of$1938.80,
which includes tax and delivery charges.
ACTION REQUESTED
This is for information only.
Respectfully submitted,
~j~
Karen Finstuen
Administrative Services Manager
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 Administrator~
James Bell, Parks and Recreation Director
TO:
SUBJECT:
Capital Outlay - Trail Maintenance - Parks and Recreation
Department
DATE:
June 5, 2000
INTRODUCTION
Staffhas reviewed the C.I.P. for the trail seal coating maintenance needs for this year.
DISCUSSION
The following trails are on the 2000 maintenance schedule for seal coating:
. Middle School Extension Trail
. Troy Hill Trail - 190th St. to 195th St.
. Deer Meadow Trail
" . DakotaCounty Estates Trail- Upper 183rd St. to 185th St.
. Rambling River Park Trail
. Nelson Hills Farm Trail
. Enhance Court Trail
. Akin School Trail - 193rd St. to Akin Road Elementary
After contacting four companies requesting quotations, staff received two valid quotes.
1. Chern Seal, Inc. $5,296.50
2. All Metro Sealcoating $7,200.00
BUDGET IMPACT
The budgeted dollars for the trail maintenance will come from the Road and Bridge Fund
as outlined in the 2000 C.I.P.
ACTION REOUESTED
For information only.
Respectfully submitted,
~~~
James Bell
Parks and Recreation Director
99 trailmaint
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Councilmembers, City Administrato~
James Bell, Parks and Recreation Director
FROM:
SUBJECT:
Adopt Resolution Accepting Donations - Parks and Recreation
Department
DATE:
June 5, 2000
INTRODUCTION
Donations have been received from Pellicci Hardware, Run 'N Fun and the Pepsi Bottling
Group.
DISCUSSION
Pellicci Hardware and Run 'N Fun has each donated $200 to the Recreation Division to
be used for the 2000 Dew Run.
The Pepsi Bottling Group has donated bottled sport drinks and water to the Recreation
Division for the participants of the 2000 Dew Run.
Staffwill communicate the City's appreciation on behalf of the Council to Pellicci
Hardware, Run 'N Fun and Pepsi for their generous donations.
ACTION REOUESTED
Adopt the attached resolution accepting the donations of $200 from Pellicci Hardware
and Run 'N Fun for the Dew Run and product from the Pepsi Bottling Group for the Dew
Run.
Respectfully submitted,
~~~
James Bell
Parks and Recreation Director
;;.
J
RESOLUTION No. R
ACCEPTING DONATIONS OF $200 FROM PELLICCI HARDWARE AND RUN
'N FUN AND PRODUCT FROM THE PEPSI BOTTLING GROUP
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day
of June, 2000 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member seconded the following:
WHEREAS, the City has received donations for $200 each to be used for the Dew Run
and product to be used for the Dew Run; and,
WHEREAS, it is in the best interest of the City to accept such donations.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts
the donations of $200 each from Pellicci Hardware and Run 'N Fun to be used to fund the
Dew Run and product from the Pepsi Bottling Group to be used for the Dew Run.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 5th day of June, 2000.
Mayor
Attested to the
day of June, 2000.
City Administrator
SEAL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7A-
TO:
Mayor, Councilmembers, City Administrato~
Brenda Wendlandt, Human Resources Coordinator
FROM:
SUBJECT:
Labor Negotiation Settlements - 2000 and 2001
Police Officers
DATE:
June 5, 2000
INTRODUCTION
This memorandum has been prepared to update Council on the status of the City's labor
settlement with the Police Officers.
DISCUSSION
The City has reached a collective bargaining agreement with the Police Officer's bargaining unit
for 2000 and 2001. This agreement provides for a three percent (3%) cost of living adjustment in
both 2000 and 2001. Additionally, this agreement provides for a two point five percent (2.5%)
market adjustment to the top of the salary range retroactive to January 1, 2000; and a market
adjustment of one point five percent (1.5%) to the top of the salary range effective January 1,
2001. The cost of living adjustment and market adjustment is consistent with other labor units
within the City.
The market adjustment was based on a market study conducted by my office and was
recommended for approval by the City Administrator. This market study and subsequent
adjustment was determined to be necessary to remain competitive with other cities of similar size
and due to considerations associated with a tight labor market. Maintaining competitive salaries
assists in the City's efforts to recruit and retain qualified employees.
The City will continue to contribute a flat rate amount for group insurance provided by the City.
This contribution amount will increase from $405.00 to $456.00 effective January 1,2000. For
2001, this rate will be determined as insurance premium rates increase but will generally be no
less than $471.00.
A financial analysis is attached regarding the settlement with the units, which will need to be
sent to the Bureau of Mediation Services. The attached Uniform Settlement Form (USF) must be
presented to Council whenever it ratifies a new labor contract settlement. Copies of the USF will
also be sent to the Legislative Commission on Employee Relations.
BUDGET IMPACT
Settlement costs negotiated with the bargaining unit are within the financial guidelines adopted
in the 2000 City Budget.
ACTION REQUESTED
Adopt the attached resolution ratifying the labor contract wage re-opener settlement for 2000 and
the 2001 collective bargaining agreement for the Patrol Officers.
Respectfully submitted,
I~~
/ Brenda Wendlandt
Human Resources Coordinator
RESOLUTION NO. R -00
A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND
LAW ENFORCEMENT LABOR SERVICES, INC. POLICE OFFICERS UNIT FOR CONTRACT YEARS
2000 AND 2001.
Pursuant to due call and notice, thereof, a regular meeting of the City Council of the City of Farmington, Minnesota
was held in the Council Chambers of said City on the 5th day of June at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS,
the City of Farmington recognizes LELS as the exclusive bargaining representative under M. S.
Chapter 179A, for the Patrol Officers identified in the collective bargaining agreement; and,
WHEREAS,
the City has negotiated in good faith with representatives of LELS for the purpose of reaching a
collective bargaining agreement on wages for contract years 2000 and 2001; and,
WHEREAS,
M.S. 179A, Subd. 3, paragraph (n) requires completion and submittal of a Uniform Settlement
Form to the governing body at the time a collective bargaining agreement is ratified, and where it
is further the intent of this legislation to provide a standard basis for public employers and the
public to compare the economic elements of the collective bargaining agreement; and,
WHEREAS,
wage re-opener settlement terms have been successfully negotiated between the City and the
membership of LELS, Local 187 in accordance with procedures established by law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the
following:
1) a three percent (3%) wage adjustment retroactive to the I sl day of January, 2000 in the
collective bargaining agreement wage re-opener and a three percent (3%) wage adjustment on
the I st day of January, 2001.
2) A two point five percent (2.5%) market adjustment to the top of the pay grade range effective
the I sl day of January, 2000 and a one point five percent (1.5%) market adjustment to the top
of the pay grade range effective the 1 sl day of January, 200 I.
3) The City shall contribute a flat rate amount for health, dental and life insurance. This rate will
be determined as insurance rates increase but shall be no less that $456.00 per month for 2000
and not less that $471.00 for 2001.
4) Acceptance of the attached Uniform Settlement Form for contract years 2000 and 200 I, and
further direct that this form be made available for public inspection during normal City
business hours.
Adopted by the Farmington City Council this 5th day of June, 2000.
Gerald G. Ristow, Mayor
Attested to the _ day of
,2000.
John F. Erar, City Administrator
SEAL
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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
7L
TO:
Mayor, Councilmembers, City Administrato~
FROM:
James Bell, Parks and Recreation Director
SUBJECT:
Consider Transfer of Meals on Wheels Contract to CAP -
DATE:
June 5, 2000
INTRODUCTION
After reviewing the 200 I Title III rules and current contract with the Community Action
Program (CAP) for mobile meals, staff requests the Council consider transferring the
entire Meals on Wheels program to CAP.
DISCUSSION
The Mobile Meals program at the Senior Center provides inexpensive lunch time meals
to "shut in" seniors throughout the community. The City has a contract with CAP to
provide these meals, and staff, with volunteer help, distributes them to qualifying seniors.
The cost of the meals is passed on to the users of the program.
Starting in 200 I, staff has been informed that the users of the program can not be billed
for the actual cost of the meal, but only are required to donate what they can pay. This
would not cover the City's expenses. Attached is a staff memo outlining the change in the
program requirements.
BUDGET IMPACT
The 200 I budget would be affected by the rule changes regarding the fee structure of the
meals. With CAP assuming control of this program, the City would assign all program
revenues and expenditures associated with this activity to CAP.
ACTION REQUESTED
Request Council authorization to transfer the Meals on Wheels program to CAP which
will continue to provide low cost meals to the area seniors. This change will be effective
January 1,2001.
Respectfully submitted,
~~~.
James Bell
Parks and Recreation Director
Cc: Joy Lillijord / Renee Brekken, Recreation program Supervisor
Missy Kohlbeck, Senior Center Coordinator
CAP
Memorandum
To:' . Jim Bell
cc: Joy LillejordlRenee Brekken
From: Missie Kohlbeck
Date: 05/15/00
Re: Meals on Wheels contract for 2001
The Meals on Wheels contracts through the Area Agency on Aging are coming due for the Title II1
Agencies throughout the state. The new contract starts January 1, 2001 and lasts for three years.
Cmrently the CAP Agency holds this contract in Dakota Co. and is planning to bid for it again. The
on Wheels Collaborative is also planning to bid on this contract for Dakota Co. Both of these
would like us to be included in their bidding process. However, being included in this
uires us to participate in Title II1 funding which is funding through the Older American
ing to the Older Americans Act if you receive Title III funding you can not bill for
need to ask a suggested donation. The implications of not receiving full payment for
uld be very detrimental to the Farmington Mobile Meals Program.
e Farmington Mobile Meals programs does the required Title III paperwork for the CAP
a requirement of our contract with them. CAP receives all the Title III reimbursement
d we receive none. It has recently come to my attention that because we are doing the
ork we are listed as the Title III Agency this means our billing clients is illegal. The Area
Agency on Aging wiU not require suggested donations from us until the new contracts are awarded
(January 1, 2001). Should we chose to continue our contract with C~ the Title III funding
definitely needs t'O be negotiated.
The Meals on Wheels Collaborative has offered to included us in their bid for the Title II1 contract in
Dakota Co. This means they would set up the caterer and nutritionally sound menu for us and we
would keep the Title III monies, however, they would not provide a staff person to prepare and
package the meal which CAPcmrently does.
The third option would be to turn the Meals on Wheels program over to the CAP Agency who has
offered to manage it. The meals would continue to come out of the Senior Center, however, the CAP
Agency staff would set up clients, volunteer route, and billing. This would eliminate our need to go
to a suggested donation system for billing. This would free up 10 - 15 hours a week of Senior Center
Programming time, and the donation system CAP is required to use would be a wonderful new
resource for Farmington's low income Seniors.
If you have any questions or comments please call me at 463-4828.
1
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
7m
TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: Organizational Realignment - Liquor Store Operations Division
DATE: June 5, 2000
INTRODUCTION
In an effort to maintain an efficient, effective and responsible organizational reporting
relationship system, a change in the current organizational structure has been made to facilitate
improved communications, management and oversight of liquor store operations.
DISCUSSION
Liquor Store Operations have been organizationally classified as a division of the Department of
Administration and are managed as an enterprise fund activity. The Liquor Store Operations
supervisor is a senior business manager and reports to the City Administrator on all matters
affecting store operations.
While Liquor Store Operations continue to be managed very efficiently and effectively, this
office, due to a variety of other time constraints and operational demands, has not had the
opportunity to oversee this activity on as frequent a basis as in the past. In terms of financial
reporting, Liquor Store accounting and financial reporting have been closely monitored by the
City finance department, with personnel administration activities coordinated through the Human
Resources office.
With respect to other organizational models that have municipal liquor operations, a number of
cities have incorporated this activity within their respective Finance Departments. These models
provide for the manager of municipal liquor operations to report directly to the Finance Director,
as the department director, with direct supervision and management of store operations by the
store manager.
In light of the fact that this office will continue to have increasingly limited time and occasion to
oversee liquor store operational activities, and with appropriate respect to the Liquor Store
Manager and store operations relative to access, accountability and oversight, it has been
determined that in order to facilitate an effective, efficient and organizationally responsible
reporting relationship, liquor store operations will be transferred to the City Finance Department.
The Liquor Store Manager position will continue to manage store operations consistent with his
current job duties and responsibilities, subject to general oversight and supervision by the City
Finance Director.
This change in reporting relationships is an acknowledgement by this office that a more
organizationally efficient and responsive system is needed to more appropriately oversee liquor
store operations and to respond to a full range of issues affecting liquor store operations.
Administrative Determination
Pursuant to the City Code, Chapter 7, Section 1-7-3, organizational realignments are
administratively authorized to promote the proper functioning of and coordination of all
departments and divisions.
In thoughtfully considering the existing organizational relationships from the perspective of
providing quality municipal liquor store services, along with having had the opportunity to both
observe and study the current organizational structure and related support functions, and with the
concurrence of appropriate staff, it has been determined that this activity be transferred to the
Finance Department.
ACTION REOUESTED
For information only.
000 F. Erar
City Administrator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farJ11ington.mn.us
711
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: Organizational Realignment - Police Department
DATE: June 5, 2000
INTRODUCTION
The 2000 Budget provided authorization for two part-time Community Service Officers (CSO)
to perform a variety of public service functions within the Police Department. A staffing
evaluation of these two positions by the Police Department suggests a more appropriate
reallocation of existing human resources within the department that would lead to the
restructuring of one of these two positions.
DISCUSSION
As the department continues to respond to changing community and organizational needs, a
staffing analysis has suggested that one (1) of the two (2) regular part-time Community Service
Officers should be restructured into a regular part-time secretary. Issues associated with this
restructuring are reflective of significantly higher volumes of activity being reported by the
Patrol Division associated with the implementation of new department technology and increased
patrol staffing over the last several years. Chief Siebenaler has indicated that one of the existing
regular part-time CSO positions could be more effectively utilized to assist in administrative
processing, record-keeping and public service dispatch processing activities.
In considering the existing departmental structure from the perspective of providing responsive,
effective and high quality services, along with having had the opportunity to both observe and
study the quantifiable report data and related support functions, and with the recommendation of
the department director and human resources coordinator, it is this office's assessment that the
restructuring of an existing regular part-time position is both appropriate and necessary to ensure
effective, responsive and efficient services. As this restructuring will result in the creation of a
new regular part-time position and lead to the elimination of an existing regular part-time
position previously authorized in the 2000 Budget, Council will need to authorize this
recommended staffing change. '
BUDGET IMPACT
None. Staffing costs for a regular part-time Police Secretary position will be offset by the
elimination ofthe existing part-time position previously approved in the 2000 Budget.
ACTION REQUESTED
Authorize the organizational realignment associated with the restructuring of the regular part-
time Community Service Officer into a regular part-time Police Secretary.
RM:);[:'
;tmF. Erar
file
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
70
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: Schools and Conferences - Administration Department
DATE: June 5, 2000
INTRODUCTION
Attendance at the annual League of Minnesota Cities conference scheduled for June 14-16, 2000
in St. Cloud, Minnesota is being planned.
DISCUSSION
This annual conference provides a variety of useful information on topics and issues affecting
city government such as economic development, growth management, legislative changes
affecting local government, technology, and responding to changing community dynamics. This
year's conference will focus on a range of community growth issues that in particular are
especially relevant to the City.
Information on this conference was previously provided to Council relative to possible Council
member attendance.
BUDGET IMPACT
Funding for conference attendance is provided in the 2000 Budget.
ACTION REOUESTED
For information only.
file
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~
TO: Maym,Councilinemb~s
City Administrato~
FROM: David L. Olson
Community Development Director
SUBJECT: Sprute/Sev~son Annexation Petition
DATE: June 5, 2000
INTRODUCTION
The City Council previously scheduled a public hearing for June 5, 2000 to consider a Petition fm
Annexation of property located at the northeast comer of CSAH 66 and TH 3 fIled by
SprutelSeverson on behalf of James Development.
DISCUSSION
This Petition for Annexation was previously fIled when James Development assumed they would
need an additional storm water pond north of CSAH 66 to accommodate the surface water runoff
generated by Tamarack Ridge, Upon a more detailed review of the design of the stormwater
ponds proposed within the development, it was determined that these ponds would be sufficient
to accommodate the runoff generated by the development.
Based on this determination, James Development will not be acquiring this property and has
requested that Sprute/Severson not proceed with the annexation of this property (approximately
6.5 acres) at this time for pmposes of constructing a storm water management pond.
BUDGET IMPACT
None
ACTION REOUESTED
For information only.
~~
~~
Community Development Director
cc: Jim Ostensen, James Development
Empire Township Board
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
JO~
FROM:
Mayor, Councilmembers, City Administrato~
Robin Roland, Finance Director
TO:
SUBJECT:
DATE:
INTRODUCTION
1999 Comprehensive Annual Financial Report
June 5, 2000
The independent audit of the December 31, 1999 financial records was completed on March 10,
2000. Subsequently, the Comprehensive Annual Financial Report has been issued and the City's
auditors, Kern, DeWenter, Viere, Ltd. have issued their opinion on that report. In addition, they
have issued a Management Report on the City of Farmington for year-end 1999. Both documents
will be presented
DISCUSSION
On February 22, 2000, a preliminary review of the City's General Fund for 12/31/99 was
presented. Final audited numbers indicate an increase of $376,622; bringing the fund balance
total to $1,114,163. As noted in the auditor's management letter, this represents 29.4% of the
annual expenditures of the City with a preferred fund balance target of 25% to 40% of annual
expenditures.
In 1999, actual General Fund revenues exceeded budgeted revenues by $97,219 and actual
expenditures were $42,150 less than budgeted.
The Water Utility, Sewer Operations, Solid Waste and Liquor Funds all showed increases to their
1999 retained earnings, Solid revenues and expenses within budget in 1999 continued to give
these funds a strong base for future operations. As in prior years, the Arena Fund showed an
operating loss due to depreciation costs and a reduction to the fund's retained earnings. Council
has addressed this with a budgeted transfer of operating funds from the General Fund to the
Arena fund in 2000.
ACTION REQUIRED
For information only. Joe Rigdon from Kern, DeWenter, Viere will be present at the meeting to
participate in the presentation and answer any questions Council may have.
Res~I*J
~~
Finance Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farptingtc.m.mn.us
lOb
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: Consider Adoption of Competitive Cable Franchise Policy
DATE: June 5, 2000
INTRODUCTION
The cities of Farmington, Apple Valley and Rosemount have been approached by a new cable
provider service, WideOpenWest, requesting the ability to construct, operate and market a wide
array of broadband internet, cable TV and voice services. This service provider would directly
compete with the existing cable service provider, Charter Communications. In order to facilitate
this process, the City would need to adopt a competitive franchising policy that would comply
with state requirements in terms of procedures and regulatory review.
DISCUSSION
The adoption of a competitive franchising policy would establish procedures with regards to a
franchise application and review process that is consistent with state law and establishes an
appropriate franchise application fee.
Relative to the applicant, WideOpenWest, the company is proposing to construct an entirely new
system within the City that would provide the above specified services. Attached, please find
some news articles with regards to WideOpenWest and the types of services being provided in
other communities. The cities of Apple Valley and Rosemount are in the process of adopting
similar competitive franchising policies and are viewing the prospect of competition in their
communities in a favorable light.
Please note that the adoption of these policies does not provide WideOpenWest or any other
company for that matter with any assurances relative to new franchise approval, but simply
establishes a regulatory framework for the applicant and the local governing body in review of
the franchise application. In addition, these policies create a level playing field for the existing
cable provider and any new provider in terms of government requirements, procedures and
franchising fees. Council would need to separately approve any new franchise agreements.
The attached Competitive Franchise Cable Policy was prepared by the City's cable consultant,
Thomas Creighton, and reviewed by the City Attorney.
ACTION REQUESTED
Consider adoption of the attached Competitive Cable Franchising Policy.
file
THE CITY OF FARMINGTON, MINNESOTA
POLICIES AND PROCEDURES
GOVERNING APPLICATION, REVIEW AND RECOMMENDATIONS
REGARDING GRANT OF COMPETITIVE CABLE FRANCHISES
Preamble
The City of Fannington ("City") administers the cable television Franchise between the City
and the current cable franchisee. The City requested, reviewed and considered the applications of
the initial prospective cable franchisees and issued a cable Franchise. Modem telecommunications
policy, law and regulations encourage the emergence of competition in all telecommunications
markets. Increased competition in the provision of all telecommunications services is expected,
including in the provision of cable television service. The emergence of such competition could
increase the quality and availability of enhanced telecommunications services via Cable Systems,
encourage lower rates, encourage better customer service, and generally benefit consumers. Policies
and procedures regarding application for and review of Applications for competitive cable
Franchises will streamline the processing of requests to provide such competitive
telecommunications services.
In view of the foregoing, the City has formulated policies and procedures for application and
review of Applications for competitive Franchises with the City. Pursuant to these policies and
procedures the City has delineated the information which must be provided in an Application for a
competitive Franchise, detailed a process for review of such Application and negotiation of the terms
of the Franchise agreement, and provided for the presentation of a formal recommendation regarding
the grant of such Franchise to the City.
Section 1. Definitions
"Applicant" shall mean a Cable Company that files an Application with the City.
"Application" shall mean the information, documentation, and data, of the form and substance
required herein, filed by a Cable Company with the City requesting the City's consideration
regarding any recommendation to grant a competitive Franchise.
"Application Fee" shall mean a fee which is intended to cover all costs incurred by the City related
to processing Applications up to and including the grant of a Franchise (if any) including, but not
limited to, staff and attorney's time in reviewing and considering an Application and related
information, negotiating the terms and conditions of Franchises, and preparing recommendations,
Franchises and other documentation related to such Application.
1
"Cable Company" shall mean any person or entity owning a significant interest in, controlling,
operating, managing or leasing a Cable System (or any components thereof in the Public Rights-of-
Way) within the state or any person seeking a Franchise to do so.
"Cable Service" shall mean (1) the one-way transmission to Subscribers of video programming or
other programming services; and (2) Subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming services. For purposes of these Policies
and Procedures, "Cable Service" includes, but is not limited to, the provision oflnternet service over
a Cable System.
"Cable System" shall mean the facility of a Cable Company consisting of a set of closed
transmission paths and associated signal generation, reception and control equipment that is designed
to provide Cable Service, which includes video programming and which is provided to multiple
Subscribers within the City, but such term does not include: (1) a facility that only serves to
retransmit the television signals of one or more television broadcast stations; (2) a facility that serves
Subscribers without using any Public Rights-of-Way; (3) a facility of a common carrier which is
subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such
facility shall be considered a System if such facility is used in the transmission of video
programming directly to Subscribers, unless the extent of such use is solely to provide interactive
on-demand services; (4) an open video system that complies with 47 U.S.C. ~ 573; (5) any facilities
of any electric utility used solely for operating its electric utility system; or (6) a translator system
which receives and rebroadcasts over-the-air signals. A reference to a Cable System in these Policies
and Procedures refers to any part of such System including, without limitation, converters. The
foregoing definition of "System" shall not be deemed to circumscribe or limit the valid authority of
the City to regulate or franchise the activities of any other communications system or provider of
communications service to the full extent permitted by law.
"Franchise" shall mean any nonexclusive authorization granted by the City in the form of a
Franchise, privilege, permit, license or other municipal authorization to construct, own, control,
operate, maintain, or manage a Cable System within the Public Rights-of-Way to provide Cable
Service within the City.
"Institutional Network" shall mean a discrete communications network provided by a Cable
Company to institutions designated by the City, as provided in a Franchise ordinance.
"Policies and Procedures" shall mean these policies and procedures governing the City's
processing of Applications for Franchises.
"Public Rights-of-Way" shall mean the surface, the air space above the surface, and the area
below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard,
drive, concourse, bridge, tunnel, park, parkway, waterway, dock, bulkhead, wharf, pier, easement
or similar property or waters within the City in which the City now or hereafter holds any
2
property interest, including, but not limited to, any riparian right, which, consistent with the
purposes for which it was created, obtained or dedicated, may be used for the purpose of
installing, operating and maintaining a Cable System. No reference in these Policies and
Procedures to a "Public Right-of-Way" shall be deemed to be a representation or guarantee by
the City that its interest in or other right to control the use of such property is sufficient to permit
use of the property for the purpose of installing, operating and maintaining a Cable System.
"Subscriber" shall mean any person or entity who receives service via a Cable System. In the case
of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee,
tenant or occupant.
Section 2. Applicability of Policies and Procedures
These Policies and Procedures apply to every Cable System and every Cable Company,
including a Cable Company which constructs, operates and/or maintains a Cable System or provides
Cable Service in whole or in part through facilities owned, controlled, managed or operated by
another provider, that seeks to operate within the territorial limits of the City.
Authority: Minn. Stat. ~ 238.03
Section 3. Franchise requirement
Subd. 1. In accordance with state and federal law, the City shall require a Franchise of any
Cable Company or Cable System providing Cable Service within the municipality.
Subd. 2. Nothing in these Policies and Procedures shall be construed to limit City authority
to construct, purchase, and operate a Cable System or otherwise to provide any telecommunications
or Cable Services either for internal municipal purposes or for sale to the public.
Authority: Minn. Stat. ~ 238.08
Section 4. Application for Franchise
Subd 1. In the event the City receives notice that a Cable Company is interested in applying
for a Franchise, the City shall publish notice of intent to Franchise within a reasonable time and in
accordance with Minn. Stat. ~ 238.081, subd. 1, which requires publishing notice of intent to
Franchise each week for two successive weeks, allowance of 20 days from initial publication for
submission of Applications and a public hearing at least seven days before introduction of the
Franchise Ordinance into proceedings of the City. See Minn. Stat. ~ 238.081, subd. 6.
Subd. 2. Review of Applications. Applications for a competitive Franchise shall contain
such information as is required below in these Policies and Procedures and shall be submitted to the
City. Review by the City of any Applications pursuant to these Policies and Procedures and final
determination by the City regarding whether to Franchise such Applicant(s) may be based on any
3
relevant factors. Such relevant factors may include comparisons of the level and quality and nature
of Cable Services proposed by the Applicant to that provided by the incumbent Cable Company, the
needs and interests of the community and institutions, as identified solely by the City, and
information regarding industry trends, state of the art technologies, services and other related
information.
Subd. 3. Public Hearing on Applications. A public hearing before the City affording
reasonable notice and a reasonable opportunity to be heard with respect to an Application shall be
scheduled in accordance with Minn. Stat. ~ 238.081, Subd. 6.
Subd. 4. Negotiation of Franchise Terms. During the period prior to the public hearing on
the Application, the responsible City employee(s) and Applicant may negotiate specific Franchise
terms and conditions for recommendation and presentation to the City. In addition, during this
period the responsible City employee(s) shall review the Application and may request such
additional information necessary to make final recommendations to the City. Pursuant to Minn. Stat.
~ 238.081, subd. 4, substantive amendments may not be made in a proposal after a proposal has been
submitted to the franchising authority and before award of a franchise.Subd. 5. Determinations.
Determinations by the responsible City employee(s) regarding the qualifications of Applicant(s) and
recommendations to the City regarding grant of a Franchise shall be made based on information
provided by the Applicant as required herein and such other information which the responsible City
employee(s) deem relevant in their sole discretion. The responsible City employee(s) may, in their
sole discretion, consider information developed during any negotiations with the Applicant and any
information or evidence adduced by the incumbent Cable Company. After the public hearing
referenced in Subd. 3, the responsible City employee(s) shall issue written recommendations to the
City regarding such Application. These recommendations may include a Franchise document for
adoption by the City.
Subd.6. Award of Franchise. A Franchise may be awarded only by an ordinance adopted
by the City.
Subd.7. Costs of Reviewing Application and Issuing Franchise. The Applicant shall pay
the Application Fee required below. The Application Fee is required for the purpose of reimbursing
the City for all costs associated with processing Applications pursuant to these Policies and
Procedures through and including any granting ofa Franchise. Any portion of the Application Fee
which remains after payment of all the City's costs will be reimbursed to the Applicant. Should the
Application Fee not cover the expenses of the City, those unreimbursed expenses shall be reimbursed
prior to any consideration of the Franchise by the City. A successful Applicant shall be fully
responsible to reimburse the City for all costs of awarding the Franchise.
Subd. 8. Franchising nonprofit or municipally-owned system. Nothing contained in this
Section prohibits the City from franchising a nonprofit or municipally-owned system. The
municipality or nonprofit entity shall be considered an Applicant subject to these Policies and
Procedures.
4
Authority: Minn. Stat. ~ 238.081
Section 5. Information Required in Application.
An Application for a competitive Franchise must be signed by an authorized officer or
principle of the Cable Company and be notarized and must include at least the following:
(1) A statement that the Applicant seeks to construct a Cable System and to provide
Cable Services within the City;
(2) the name, street address, e-mail address and telephone number of the individuals who
are authorized to provide and certify information on behalf of the Applicant;
(3) plans for analog and digital channel capacity, including both the total number of
analog and digital channels capable of being energized in the system and the number
of analog and digital channels to be energized immediately;
(4) a statement of the television and radio signals for which permission to carry will be
requested from the Federal Communications Commission, or any other required
regulatory agency;
(5) a description of the proposed system design and planned operation, including at least
the following items:
(i) the general area for location of antennae and the head end, or description
of programming delivery plan if otherwise;
(ii) the schedule for activating two-way capacity and any other system
capacity to be activated in conjunction with the Cable System;
(iii) the type of automated services to be provided;
(iv) the minimum number of video channels, other Cable Services, and other
kinds of services to be made available to residents;
(v) the number of channels and services to be made available for
community/access programming; and
(vi) a plan for funding of facilities and staff for community/access
programming and/or a plan for interconnection and provision of such
programming in cooperation with the incumbent Cable Company,
(6) plans for the provision of Institutional Network capacity and services or other "in-
kind" services and the terms, conditions and technical standards under which
particular service is to be provided to governmental, educational, and other
institutional entities;
(7) a list of all institutions receiving Institutional Network service;
(8) a schedule of proposed rates in relation to the services to be provided, and a proposed
policy regarding unusual or difficult connection of services;
(9) a time schedule for construction of the entire system with the time sequence for
wiring the various parts of the area to be served;
(10) information supporting and indicating the applicant's financial, technical and legal
qualifications and experience in the cable communications field, if any;
5
(11) an identification of the municipalities in which the applicant either owns or operates
a Cable System, directly or indirectly, or has outstanding Franchises for which no
system has been built;
(12) detailed plans for financing of the proposed system, which must indicate every
significant anticipated source of capital and significant limitations or conditions with
respect to the availability of the indicated sources of capital;
(13) a statement of ownership detailing the corporate organization of the applicant, if any,
including the names and addresses of officers and directors and the number of shares
held by each officer or director, and intra-company relationship including a parent,
subsidiary or affiliated company;
(14) a statement of a form and substance acceptable to the City indemnifying the City fully
against any claims or liabilities alleged as the result of City's exercise of these
Policies and Procedures including any such claims or liabilities alleged or asserted
by the incumbent Cable Company;
(15) an agreement to pay the City a Franchise fee in the same percentage of gross revenues
as the incumbent providers;
(16) a notation and explanation of omissions or other variations with respect to the
requirements of the Application; and
(17) submission of an Application Fee in the amount of $20,000.
Authority: Minn. Stat. ~ 238.081, Subd. 2 and 4.
U:\cable\CABLE\Competitive Franchising Policy v,3,wpd
6
Page 1 of2
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Fiber Optic Broadband Internet Competitor WideOpenWest Enters Denver & Portland
Markets
~~~.
WideOpenWest Plans to Build and Operate a New Network Serving
Residential Customers
LITTLETON, Colo., Dec. 14 IPRNewswirel -- WideOpenWest, LLC, a new high
bandwidth Internet and digital cable television company, announced today that
it is seeking local franchise authority to begin construction and operation of
a high capacity fiber optic network designed to serve the residential
communities in the greater Denver, Colorado and Portland, Oregon markets.
WideOpenWest, headquartered in Littleton, will provide new
facilities-based competition in the emerging residential high bandwidth
Internet market, as well as competitive digital cable television and emerging
IP telephony services. "WideOpenWest addresses the immediate need for a new
high bandwidth residential network in Denver and Portland," said Mark
Haverkate, President & CEO. "We are committed to providing an unsurpassed
always-on cable modem Internet service as well as an 860 MHz digital cable
television system. And, in addition to offering our own wideopenwest.com
branded high speed Internet service, we will also provide an open access
platform to any other ISP interested in providing their own brand of high
speed service to their customers."
Mark Haverkate is a former senior executive and one of the original
founding members of RCN Corporation, the country's first and largest
competitive fiber optic residential network, now building broadband systems
and serving customers in the East Coast and California. The WideOpenWest
management team comes from many telecommunications company backgrounds,
including DirecTV, News Corp, Sony, and Cable Michigan, as well as several
other experienced veterans from RCN. The team also includes executives with
extensive backgrounds in highly competitive and quality control sensitive
industries such as pharmaceuticals, chemicals, and manufacturing.
Private equity financing has been provided by Boston based ABRY Partners,
and by Oak Hill Capital Partners, LP of Fort Worth, Texas. "Our financial
partners are very excited about the high bandwidth Internet business, and have
provided us with the financial strength we need to take on a capital intensive
project like WideOpenWest. We've looked at this opportunity very closely, and
we are certain we are building the right network, in the right place, at the
right time," said Mr. Haverkate.
The company name, WideOpenWest, is a reference in part to the company's
open access platform for competing ISP's. Ample capacity will be designed
into the network to support any number of ISP's that choose to use the new
fiber optic network to upgrade their customer base to a broadband connection.
WideOpenWest is committed to providing this capacity on attractive terms, on a
non-discriminatory basis, from the first day of operation. The company
estimates that it will be able to begin customer installations about this time
next year.
WideOpenWest, LLC is building a brand new, high-capacity broadband fiber
optic network that will offer super high-speed connections to the Internet and
digital cable television services in several Western markets. The company
plans to begin service in the metropolitan areas of Denver and Portland next
year, with other markets to follow. WideOpenWest's executive team includes
proven leaders with broad experience in the Internet, cable and
telecommunications industries. Unlike other broadband networks currently
under development, either through new construction or the retrofitting of
http://www.pmewswire.com/cgi-binlstories.pl? ACCT=1 04&STOR...I000 1 096361 &EDA TE
12/14/99
Oregon Live: l2-l0-99 Potential attracts cable firm
I
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Oregon Live @
orne peop e now
b ' ,evefything there is to know
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llome : Business; Back
Potential attracts cable
firm
A Colorado company plans to compete with AT&T in
Portland and is willing to spend millions to start a
network from scratch
Friday, December 10, 1999
By Su-jin Yim of The Oregonian staff
For years, David Olson tried to get Portland's cable
companies to perform an astounding feat: lay cable in
each other's territory and compete head-to-head.
"We gave them practically gold-plated invitations,
flowers and chocolate," said Olson, who oversees
cable operations for the city. "We were never able to
get these guys to compete with each other."
Instead the companies stuck to their geographic
monopolies.
Now, a brash start-up company from the Denver area
says it's eager to compete with AT&T Corp., which
became the area's only large cable provider through
acquisition. Wide Open West is willing to do what
the more-established companies wouldn't: spend
millions on a new network.
The emergence of potential competition is more than
the loosening of old monopolistic behavior. It reflects
a revamped economic model, created in part by
recent consolidation in the cable industry and the
explosion of communications technologies.
Building a new cable TV system is a high-dollar
proposition, but it makes more sense now than it did
five or 10 years ago, analysts say.
http://www.oregonlive.com/business/99/l2Ibz12l00l.html
Send I Print this page
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NEWS FROM THE NET:
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Page 1 of 4
12/10/99
Page 2 of 4
Oregon Live: 12-10-99 Potential attracts cable firm
That's because existing companies, through
acquisitions and technology upgrades, have poured
more money into each cable subscriber than ever
before. That also means they have to get more money
out of each customer than newer companies do.
Start-ups argue they can keep their cost per customer
lower by building an all-new system from scratch
rather than having to upgrade older systems.
Although Wide Open West's new construction costs
would be high -- the company estimates it would cost
$250 million to pass 500,000 homes -- it immediately
would be able to carry new services, such as Internet
access and phone service.
Wide Open West won't pay a premium to another
company to buy its customers. It will hunt for them in
the marketplace, said David Brown of Oak Hill
Venture Partners, which is backing Wide Open West.
In comparison, AT&T is spending $2 billion to
upgrade its existing networks nationwide. The
company has spent more than $100 billion to buy
those networks. In some parts of Portland, AT&T has
inherited cable that was first laid in the 1960s. Those
have since been upgraded.
"A year-and-a-half ago, cable subscribers were
valued at $2,000 a subscriber; now they're valued at
$5,000," said Scott Cleland of Legg Mason Precursor
Group.
Only selling cable TV service at $30 a month, or
$360 a year, to a customer that represents a $5,000
investment is unacceptable, he said.
So, the companies don't just sell cable television.
They want to sell high-speed Internet, local phone
and data services. "What wasn't economical with one
service may be economical with multiple services,"
Cleland said.
Wide Open West should be able to deliver digital
cable television, high-speed Internet and some local
phone service for about $2,500 to $3,000 per
subscriber, Brown said.
http://www.oregonlive.comlbusiness/99/12Ibz 12100 l.html
12/1 0/99
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Page 3 of4
Oregon Live: 12-10-99 Potential attracts cable firm
Wide Open West isn't the only company that sees'an
opportunity in building new cable systems. RCN,
Corp. of New Jersey has been building rival cable
systems through much of the '90s in places such as
New York, San Francisco and Washington, D.C.
Wide Open West's top executive, Mark Haverkate,
led the team that built those systems.
In October, the company got a $1.65 billion infusion
from Blazers owner and Microsoft Corp. co-founder
Paul Allen to fully fund its expansion until 2003.
In Portland, the opportunity for a choice in cable
companies comes as the city and Multnomah County
fight with AT&T over opening its system to Internet
competitors.
Another company, Open Access Broadband, also has
expressed an interest in entering Portland.
Theoretically, the city could let more than one
company build its own new system, Olson said. But
it's unlikely two companies would make such an
investment. "The risk of being the third person is
dramatically higher than the risk of being the
second," Brown said.
TOP
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b, ' e~rything there is to know
a OU~ cars.
Today's Top Busine!<s Stories
Friday December 10, 1999
>) Colorado cable firm plans to compete with AT&T
>> Chip sales rebound. hit record
)) Oregon cuts its unemployment rate
)) Tyco shares dive after news of inquiry
:.> U,S, Bank will pay back overtime
)> AT&T allows instant messaging to AOL
)> People: Meigs moves to Arnerich Massena
)> Earnings: Costco improves. plans stock split
>> Market: Dow ends higher in fitful session
>> Local News
>) National & International News
htto:/ /www.oregonlive.comlbusiness/99/ 12lbz 12100 l.html
12/10/99
FOR IMMEDIATE RELEASE
Contact: Michael Steinkirchner, WideOpenWest Public Relations 215.499.7703
WideOpen West Accelerates Broadband Competition in Texas
Nation's First Open-Access Broadband Provider In Talks With
More Than Two Dozen Texas Municipalities
(Irving, Texas, January 31, 2000) WideOpenWest, LLC, which recently received the nation's first open
access broadband franchise, today announced its plans to develop its state-of-the-art broadband fiber optic
networks in the Texas metropolitan areas of Austin, Dallas, and Fort Worth, The company has already
achieved significant momentum in the state, having filed applications or made presentations to more than
two dozen Texas municipalities, representing over one million households,
"WideOpen West has a unique combination of an experienced, competition-tested management team,
strong, committed and local financial partners, an innovative entrepreneurial approach to the market, and a
cooperative regulatory attitude in working with local communities," said Mark Haverkate, President &
CEO, "We believe broadband Internet will be the telecommunications platform of choice in the years
ahead, and that existing networks are not capable of delivering the bandwidth and reliability consumers will
demand. That's why we are committed to building a new network, and providing a new level of customer
service and competition,"
WideOpenWest recently received the nation's first open access broadband franchise in Jefferson County,
Colorado, After obtaining local franchise agreements, WideOpenWest constructs high capacity fiber optic
broadband networks throughout each municipality, These new networks enable the company to offer high
speed Internet service, digital cable television, and telephony services to its customers, in competition with
current incumbent providers.
One of the company's core values is that its networks are "WideOpen," and available to any number of
national and regional ISP's on a fair and non-discriminatory basis who seek to provide their customers
high-speed broadband access. This policy seeks to assure the preservation of competition and choice in the
emerging broadband Internet market; resulting in the development of enhanced services, more innovation,
and lower prices.
"The cities we've begun working with are very interested in bringing new competition to the market," said
Julia McGrath, Senior Vice President and the company's Southern Region General Manager, "They
understand that the construction of a new broadband network is a very significant undertaking, and they
appreciate the fact that our management team has experience and a proven record of success."
WideOpenWest is backed largely by Oak Hill Capital Partners, based in Fort Worth, Texas. Oak Hill
Capital is a $1.6 billion investment fund, formed by Robert M. Bass and his investment professionals.
"Weare very excited about the opportunity to help improve the telecommunications infrastructure in our
home state of Texas," said J. Taylor Crandall, Managing Partner of Oak Hill Capital. "We believe
customers will embrace competition in what have been, up until now, monopoly markets. WideOpenWest
will raise the bar for bandwidth, innovation, customer service and - above all- customer choice."
\VideOpen West, The Company
WideOpenWest, LLC is building a brand new, high capacity broadband fiber optic network that will offer
super high-speed connections to the Internet and digital cable television services in several Western
markets. The company plans to begin service in the metropolitan areas of Denver, Portland and several
Texas cities this year, with other markets to follow. WideOpenWest's executive team includes proven
leaders with broad experience in the Internet, cable and telecommunications industries. Unlike other
broadband networks currently under development, either through new construction or the retrofitting of
existing cable plant, the WideOpenWest network will be an open platform for the company's own brand of
Internet service, as well as for the services of competing ISP's on a non-discriminatory basis.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ciJarmington.mn.us
JOe
TO: Mayor, Councilmembers, City Administrato~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Consider Resolution - Vermillion River Watershed Management
Organization Joint Powers Agreement
DATE: June 5, 2000
INTRODUCTION
Attached herewith is the revised and restated joint powers agreement for the Vermillion
River Watershed Management Organization for review and discussion.
DISCUSSION
The Joint Powers Agreement (JPA) for the Vermillion River Watershed Management
Organization (VRWMO) was due to expire January 1,2000. As Council may recall, an
amendment to the JP A was approved by the City Council at the November 1, 1999
meeting that would extend the existing JPA to August 1, 2000. All of the member
communities signed the amendment, thus the existing JP A was extended.
Since the extension of the JP A, the Board appointed a subcommittee to address the three
main issues that were identified during the on-going discussions since the extension. The
three main issues are: 1) the capital improvement budget, 2) the funding formula and 3)
the makeup of the Board. The resolution of those issues as reflected in the attached JP A
are discussed below.
Capital Improvement Budget
The originally proposed capital improvement budget was set to average approximately
$400,000 per year. The projects include channel and stream corridor management, flood
management, groundwater management, monitoring, water quality and the related
administrative efforts. Due to financial constraints cited by some of the member
communities, it is proposed that the budget be set at $200,000, adjusted annually in
conjunction with the construction cost index. It has been proposed that all available
grants be applied for in order to supplement the budget.
Funding Formula
The funding formula issue has received the most attention and debate. After lengthy
review and discussion, it was the subcommittee's recommendation to leave the current
funding formula in place. The current funding formula calculates each members share
based on 50% tax capacity value and 50% land area. This formula reflects the
impervious surfaces typically found in cities and also the large land areas in the
townships that significantly contribute to the runoff in the spring.
Board Makeup
Currently, the Board is made up of nine members; three (3) representatives from the
Group A townships, two (2) representatives from the Group AA cities and four (4)
representatives from the Group AAA cities. The issue of representation was debated and
it is proposed that the Board add two (2) representatives, one (1) from the Group A
townships and one (1) from the Group AAA cities, thus creating an eleven (11) member
Board. The Group AA cities have not taken issue with this proposal at this point.
The joint powers agreement needs to be signed by all member communities by July 31,
2000, or the WMO will cease to exist. If the WMO goes away, the watershed authority is
shifted to the County. If the County takes over, the County would be responsible for
choosing and financing projects. It is unknown how the County would finance the
projects and what the cost would be to individual property owners. Therefore, it is the
consensus of the member communities that retaining control of the WMO is desirable to
insure that control of the projects and financing is kept by the member communities.
BUDGET IMPACT
Farmington's share of the VRWMO's $200,000 budget under the proposed (current)
funding formula based on 50% tax capacity and 50% area is estimated to be $10,885.
This amount would be revised yearly based on the increase to the budget and changes to
the inputs to the funding formula.
ACTION REQUESTED
Consider the attached resolution approving the revised and restated joint powers
agreement establishing a Watershed Management Commission for the Vermillion River
watershed.
Respectfully submitted,
A>>t~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
RESOLUTION NO.
-2000
A RESOLUTION APPROVING A REVISED AND RESTATED JOINT POWERS
AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT COMMISSION
FOR THE VERMILLION RIVER WATERSHED
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,
Minnesota, was held in the Council Chambers of said City on the 5th day of June, 2000 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the City of Farmington is a member of the Joint Powers Agreement Establishing a Watershed
Management Commission ("WMOtl) for the Vermillion River Watershed; and
WHEREAS, the Vermillion WMO is recommending that the Revised and Restated Joint Powers Agreement
for the WMO, attached hereto as Exhibit A, be adopted by all member communities; and
WHEREAS, the City believes that adoption of the Revised and Restated Joint Powers Agreement is in the best
interests of the City of Farmington.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FARMINGTON,
MINNESOTA:
The Joint Powers Agreement attached hereto as Exhibit A is hereby approved.
ADOPTED this _ day of
, 2000, by the City Council of the City of Farmington.
CITY OF FARMINGTON
(SEAL)
BY:
Mayor
ATTEST:
Clerk
1
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REVISED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISHING A WATERSHED MANAGEMENT COMMISSION
FOR THE VERMILLION RIVER WATERSHED
THE PARTIES TO THIS AGREEMENT are cities and townships which
have land that drain surface water into the Vermillion River. This Agreement is made
pursuant to the authority conferred upon the parties by Minn. Stat. 1996 ~~ 471.59 and
1038.201, et. seQ.
1. NAME AND LEGAL BOUNDARY. The parties hereby establish the
Vermillion River Water Management Commission, hereinafter referred to as the 'WMO."
The "Legal Boundary Map of the Vermillion River Water Management Commission" is
attached hereto as Exhibit A.
2. PURPOSE. The purpose of this Agreement is to provide an organization to:
A. Protect, preserve, and use natural surface and ground water storage
and retention systems;
B. Minimize public capital expenditures needed to correct flooding and
water quality problems;
c. Identify and plan for means to effectively protect and improve surface
and ground water quality;
D. Establish more uniform local policies and official controls for surface
and ground water management;
E.
Prevent erosion of soil into surface water systems;
F.
Promote ground water recharge;
34950,12
RNK:r05/15/00
1
( ,
, .
G. Protect and enhance fish and wildlife habitat and water recreational
facilities; and
H. Secure the other benefits associated with the proper management of
surface and ground water.
3. DEFINITIONS.
Subdivision 1. "Commission" means the organization created by this
Agreement, the full name of which is "Vermillion River Watershed Management
Commission."
Subdivision 2. "Board" means the board of commissioners of the
Commission.
Subdivision 3. "Council" or '7own Board" means the governing body of a
governmental'unitwhich isa member of this Commission.
Subdivision 4. "Governmental Unit" means any township or city.
Subdivision 5. "Member" means a governmental unit which enters into this
Agreement.
Subdivision 6. "Vermillion River Watershed" or "Watershed" means the
area contained within the "Legal Boundary Map of the Vermillion River Water
Management Commission" attached hereto as Exhibit "A".
4. MEMBERSHIP. The membership of the Commission shall consist of the
following governmental units:
34950,12
RNK:r05/15/00
2
GROUP A
Empire Township
Marshan Township
Eureka Township
Castle Rock Township
Douglas Township
Nininger Township
New Market Township
Vermillion Township
Hampton Township
Ravenna Township
GROUPAA
City of Coates
City of Elko
City of Hampton
City of Vermillion
City of New Market
GROUP AAA
City of Lakeville
City of Rosemount
City of Apple Valley
City of Farmington
City of Hastings
City of Bumsville
No change in governmental boundaries, structure, organizational status, or
character shall affect the eligibility of any governmental unit listed above to be represented
on the Commission, so long as such governmental unit continues to exist as a separate
political subdivision.
5. ADVISORY COMMITTEES.
Subdivision 1. Technical Advisory Committee. The following governmental
subdivisions or agencies shall be requested to appoint a non-voting advisory member to
the Commission: Dakota County, Dakota County Soil and Water Conservation District,
and Scott County Soil and Water Conservation District. The Advisory members shall not
be required to contribute funds for the operation of the WMO, except as provided in Minn.
Stat 9 1 03B.251, but may provide technical services.
34950,12 3
RNK:I1>5/151OO
< '
Subdivision 2. Citizen Advisory Committee. The WMO may establish a citizen
advisory committee ("CAC") from the public at large to provide input on watershed
management plan revisions and other matters as deemed appropriate, The CAC shall be
appointed by the WMO considering individuals nominated by each member community.
The WMO will notify each member of its intent to establish each CAC that it intends to
create, will specify the purpose and duration of a CAC and, will request each member to
nominate candidates to be considered for appointment by the WMO. At the time of
establishment of a CAC the WMO will appoint a chair of the CAC, a board member liaison
to the CAC, define a time line for submittal of any comments, and define the level of
support the WMO will provide to the CAC.
6. BOARD OF COMMISSIONERS.
Subdivision 1. The governing body of the Commission shall be its Board,
which shall consist of eleven (11) members. The governing bodies of Group A shall jointly
appoint four (4) commissioners. The governing bodies of Group AA shall jointly appoint
. two (2) commissioners. The governing bodies of Group AAA shall jointly appoint five (5)
commissioners. Vacancies in office shall be filled for the remainder of the term by the
governing bodies who appointed or had the right to appoint the, commissioner in
accordance with the provisions set forth in subdivision 3.
Subdivision 2. The Board of Commissioners on behalf of the appointing
authorities shall comply with the notice requirements of Minn. Stat. ~ 103B.227.
Subdivision 3. For purposes of appointing commissioners, each member
shall appoint a delegate to act on its behalf. The member, in its discretion, may direct the.
delegate how to vote or it may leave that decision to the delegate. The delegates of Group
A shall meet upon fifteen (15) days notice at a time and place selected by the clerk of the
34950,12
RNK:rQ5/15/00
4
Empire Township Board. Group AA shall meet upon fifteen (15) days notice at a time and
place selected by the city clerk of Coates. Group AAA shall meet upon fifteen (15) days
notice at a time and place selected by the city clerk of Lakeville. The delegates of each
group shall select the commissioner(s) by majority vote of the delegatesvoting. Voting may
also take place by mailed ballot, fax, E-mail, telephone call, or any combination of these
methods.
Subdivision 4. The term of each commissioner shall be three (3) years and
until his or her successor is selected and qualifies.
Subdivision 5. A commissioner may not be removed from the Board prior
to the expiration of his or her term, unless the Commissioner consents in writing or unless
removed in accordance with Minn. R. 8410.0040. '
Subdivision 6. Commissioners shall serve without compensation from the
Commission, but this shall not prevent a governmental unit from providing compensation
for a commissioner for serving on the Board.
Subdivision 7. At the first meeting of the Board each year, the Board shall
elect from its commissioners a chair, a vice chair, a secretary-treasurer, and such other
officers as it deems necessary to conduct its affairs. The Commission shall adopt rules
and regulations governing its meetings. Such rules and regulations may be amended from
time to time at either a regular or a special meeting of the Commission provided that at
least ten (10) days' prior notice of the proposed amendment has been furnished to each
person to whom notice of the Board meetings is required to be sent. A majority vote of all
eligible votes of the then existing members of the Commission shall be sufficient to adopt
any proposed amendment to such rules and regulations.
34950.12
RNK:r051l5/00
5
Subdivision 8. The Board shall meet at least annually, at times and places
selected by the Board. If the Board changes its regularly established meeting place or
time, it shall place a notice of the change on a bulletin board at least three (3) days in
advance 'in the building where it usually meets.
Subdivision 9. The Board, by majority vote of the commissioners present,
may establish committees as appropriate.
Subdivision 10. The Board may create a management subcommittee
comprised of Board members and may delegate authority to it except that it may not
delegate the authority to order the construCtion of improvement projects.
Subdivision 11. Unless otherwise specified in this Agreement, action by
the Board shall require a majority vote of the commissioners present.
7. POWERS AND DUTIES OF THE COMMISSION.
Subdivision 1. The Commission, acting by its Board of Commissioners:
A. Shall prepare, adopt and implement a watershed management plan
meeting the requirements of Minn. Stat.'~ 103B.231;
B. Shall review and approve local water management plans as provided
in Minn. Stat. ~ 103B.235;
C. Shall exercise the authority of a watershed district under Minn; Stat.
Chapter 1030 to regulate the use and development of land in the watershed when
one or more of the following conditions exist:
(1) The local government unit exercising planning and zoning
authority over the land under Minn. Stat. ~~ 366.10 to 366.19, 394.21 to
394.37, or 462.351 to 462.364 does not have a local water management
plan approved and adopted in accordance with requirements of Minn. Stat. ~
34950.12
RNK.:I1>5/15/00
6
103B.235 or has' not adopted the implementation program described in the
plan.
(2) An application to the local government unit for a permit for the
use and development of land, requires an amendment to, or variance from,
the adopted local water management plan or implementation program of the
local unit.
(3) The local government unit has authorized the Commission to
require permits for the use and development of land.
Subdivision 2. The Board shall adopt an annual work plan.
Subdivision 3. The Commission' may employ such persons as it deems
necessary to accomplish its duties and powers..
Subdivision 4. The Commission may C()ntract for space and for material
and supplies to carry on its activities either with a member or elsewhere.
Subdivision 5.. The Commission may acquire necessary personal property
to carry out its powers and its duties.
Subdivision 6. The Commission may make necessary surveys or use
other reliable surveys and data, and develop projects to accomplish the purposes for
which the Commission is organized.
Subdivision 7. The Commission may cooperate or contrad with the State
of Minnesota or any subdivision thereof or federal agency or private or public organization
to accomplish the purposes for which it is organized.
Subdivision 8. The Commission may order any governmental unit to carry
out the. local water management plan which has been approved by the Board, or if the
local unit of government fails to do so, in addition to its other remedies, in its discretion, the
34950,12
RNK:r05/15/00
7
Board may implement any required action or improvement in accordance with this
Agreement.
Subdivision 9. The Commission may acquire, operate, construct, and
maintain the capital improvements delineated in the watershed management plan adopted
by the Board.
Subdivision 10. The Commission may contract for or purchase such
insurance as the Board deems necessary for the protection of the Commission.
Subdivision 11. The Commission may establish and maintain devices for
acquiring and recording hydrological and water quality data within the Vermillion
watershed.
Subdivision 12. To the extent permitted by law, the Commission may enter
upon lands within or without the watershed to make surveys and investigations to
accomplish the purposes of the Commission.
Subdivision 13. The Commission may provide any member governmental
unit with technical data or any other information of which the Commission has knowledge
which will assist the governmental unit in preparing land use classifications or local water
management plans within the watershed. '
Subdivision 14. The Commission may provide legal and technical
assistance in connection with litigation or other proceedings between one or more of its
members and any other political subdivision, commission, board, or agency relating to the
planning or construction of facilities to drain or pond storm waters or relating to water
quality within the Vermillion River Watershed.
34950,12
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8
Subdivision 15. The Commission may accumulate reserve funds for the
purposes herein mentioned and may invest funds of the Commission not currently needed
for its operations.
Subdivision 16. The Commission may collect money, subject to the
provisions of this Agreement, from its members and from any other source approved by
the Board.
Subdivision 17. The Commission may make contracts, incur expenses,
and make expenditures necessary and in<?idental to the effectuation of its purposes and
powers.
Subdivision 18. The Commission shall cause to be made an annual audit
of the books and accounts of the Commission and shall make and file a report to its
members at least once each year including the following information:
A. The financial condition of the Commission;
B. The status of all Commission projects and work within the watershed;
and
C. The business transacted by the Commission and other matters which
affect the interests of the Commission. Copies of the report shall be transmitted to
the clerk of each member governmental unit.
Subdivision' 19. The Commission's books, reports, and records shall, be
available for and open to inspection by its members or the public at all reasonable times.
Subdivision 20. The Commission may recommend changes in this
Agreement to its members.
Subdivision 21. The Commission may exercise all other powers necessary
and incidental, to the implementation of the purposes and powers set forth herein and as
34950,12
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9
outlined and authorized by Minn. Stat. ~~ 103B.201 through 103B.252.
Subdivision 22. Each member reserves the right to conduct separate or
concurrent studies on, any matter under study by the Commission.
8. POWERS AND DUTIES OF THE OFFICERS OF THE BOARD OF
COMMISSIONERS.
Subdivision 1. It shall be the duty of the Chairperson of the Board of
Commissioners to
A. Attend and preside at all meetings of the Board;
B. Assist in the preparation of meeting agendas and the annual work
plan;
C. See that orders and resolutions of the Board are carried into effect;
0: Sign and execute documents as my be required for the Board's
exercise of its powers, except in cases in which the authority to sign and execute is
. required by law to be exercised by another person; and
E. Such other duties applicable to the office as necessary to fulfill the
powers and duties of the Board of Commissioners as set forth in this Agreement.
Subdivision 2. It shall be the duty of the Vice Chairperson of the Board of
Commissioners to:
A. Perform the duties of the Chairperson in his/her absence;
B. Perform other duties as assigned from time to time by the Board of
Commissioners.
Subdivision 3. It shall be the duty of the Secretaryrrreasurer of the Board
of Commissioners to:
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10
A. Keep and post a true and accurate record of the proceedings of all
meetings of the Commission and Board of Commissioners;
B. Keep a record of all amendments, alterations and additions to the
Joint Powers Agreement;
C. Prepare and process all correspondence as needed;
D. Prepare and file all reports and statements as required by law and
this Agreement;
E. Keep all financial accounts of the Commission, and prepare and
present to the Board of Commissioners a full and detailed statement of the assets and
liabilities of the Commission's financial accounts prior to the annual meeting of the
Commission;
F. Perform other duties as assigned from time to time by the Board of
Commissioners.
9. CONSTRUCTION OF IMPROVEMENTS.
. Subdivision 1. The Board shall secure from its engineers or some other
competent person a preliminary report advising it whether the proposed improvement is
feasible, the estimated cost of the improvement, and evaluating the consistency of the
improvement project with the watershed plan capital improvement section. The Board
shall then hold a public hearing on the proposed improvement. Notice of the hearing shall
be mailed to the clerk of each affected member and shall also be published in the Board's
official newspaper. The notice shall be mailed not less than forty-five (45) days before the
hearing, shall state the .time and place of the hearing, the general nature of the
improvement. the estimated total cost, and the estimated cost to each member
governmental unit.
34950.12
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11
To order the improvement, a resolution setting forth the order shall require a
favorable vote of two-thirds (213rds) of all Board members. The order shall describe the
improvement, shall determine the method of financing, shall designate the engineers to
prepare plans and specifications, and shall designate who will contract for the
improvement. After the Board has. ordered an improvement, it shall forward the
preliminary report to all affected member governmental units with an estimated time
schedule for the construction of the improvement.
If the Commission proposed to use Dakota County'sand/or Scott County's bonding
authority, or if the Commission. proposes to certify all or any part of a capital improvement
to Dakota and/or Scott County for payment, then and in that event all proceedings shall be
carried out in accordance with Minn. Stat. 9 103B.251.
Subdivision 2. Any member governmental unit aggrieved by the
determination of the Board as to the financing of an improvement shall have thirty (30)
days after the Commission resol~tion ordering the improvement to appeal the
determination. The appeal shall be in writing and shall be addressed to the Board asking
for arbitration. The determination of the member's appeal shall be referred to a Board of
Arbitration. The Board of Arbitration shall consist of three (3) persons: one to be appointed
by the Board of Commissioners, one to be appointed by the appealing member
governmental unit, and the third to be appointed by the two so selected. In the event the
two persons so selected do not appoint the third person within fifteen (15) days ~fter their
appointment, then the chief judge of the District Court of Dakota County shall have
jurisdiction to appoint, upon application of either or both of the two eartier selected, the
third person to the Board. The third person selected shall not be a resident of any member
governmental unit and if appointed by the chief judge, shall be a person knowledgeable in
34950,12
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12
the subject matter. The arbitrators' expenses and fees, together with the other expenses,
not including counsel fees, incurred in the conduct of the arbitration shall be divided
equally between the Commission and the appealing member. Arbitration shall be
conducted in accordance with the Uniform Arbitration Act, Minn. Stat. Chapter 572.
Subdivision 3. Contracts for Improvements. The bidding and contracting
of the work may be let by anyone of the member governmental units or by the Board as
determined by the Board of Commissioners in compliance with state statutes. Contracts
and bidding procedures shall comply with the legal requirements applicable to statutory
cities.
Subdivision 4. Supervision. All improvement contracts shall be supervised
by the entity awarding the contract. The Commission staff shall also be authorized to
observe and review the work in progress and the members agree to cooperate with the
Commission staff in accomplishing its purposes. Representatives of the Commission shall
have the right to enter upon the place or places where the improvement work is in
progress for the purpose of making reasonable tests and inspections. The Commission
staff shail report and advise and recommend to the Board on the progress of the work.
Subdivision 5. Land ACQuisition. The Commission shall have the power of
eminent domain. All easements or interest in land which are necessary will be negotiated
or condemned in accordance with Minn. Stat. Chapter 117 by the Board or, if directed by
the Board, by the governmental unit where the land is located, and each member agrees
to acquire the necessary easement or right-of-way or partial or complete interest in land
upon order of the Board to accomplish the purposes of this Agreement. All reasonable
costs of the acquisition~ including attorney's fees, shall be considered as a cost of the
improvement. If a member governmental' unit determines it is in the best interests of that
34950.12
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13
member to acquire additional lands, in conjunction with the taking of lands for storm and
surface drainage or storage, for some other purposes, the costs of the acquisition will not
be included in the improvement costs of the ordered project. The Board, in determining the
amount of the improvement costs to be assessed to each member governmental unit, may
take into consideration the land use for which the additional lands are being acquired and
may credit the acquiring municipality for the land acquisition to the extent that it benefits
the other members of this Agreement. Any cr~its may be applied to'the cost allocation of
the improvement project under construction, or the Board, if feasible and necessary, may
defer the credits to a future project.
Members may not condemn or negotiate for land acquisition to pond or drain storm
and surface waters within the corporate boundaries of another member within the
Vermillion watershed except upon approval of the Board.
10. FINANCES.
Subdivision 1. Disbursements. The Commission funds may be expended
by the Board in accordance with this Agreement in a manner determined by the Board.
The Board shall designate one or more national or state bank or trust companies
authorized to receive deposits of public monies to act as depositories for the Commission
funds. In no event shall there be a disbursement of Commission funds without the
. signature of at least two (2) Board members, one of whom shall be the treasurer. The
treasurer shall be required to file with the secretary of the Board a bond in the sum of at
least $1 0,000 or such higher amount as shall be determined by the Board. The
Commission shall pay the premium on said bond.
Subdivision 2. Budaet. On or before June 1 of each year, the Board shall
adopt a general administrative budget by a majority vote for the ensuing year and decide
34950.12
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14
upon the total amount necessary for the general fund. The Board shall send the budget to
the clerk. of each member governmental unit, together with a statement of the proportion of
the budget to be provided by each member. The council of each member agrees it will
review the budget, and the Board shall upon notice from any member received prior to
. July 1, hear objections to the budget, and may, upon notice to all members and after a
hearing, modify or amend the budget, and thEm give notice to the members of any and all
modifications or amendments. Each member agrees to provide the funds required by the
budget and the determination of the Board shall be conclusive.
If a member fails to provide its share of the funds required by the budget, the
unpaid balance of the funds shall accrue interest at a rate of eight percent (8%) per
annum. The WMO may take whatever action at law or in equity as may appear necessary
or appropriate to collect any amounts due by a member under this Agreement. The
member hereby agrees to pay the cost of collection, including reasonable attorney fees.
Subdivision 3. Tax Lew.lf authorized by law, the Commission may levy a
tax. The proceeds of any tax levied under this subdivision shall be expended only for the
purposes authorized by law. The Commission may accumulate the proceeds of levies as
an alternative to issuing bonds to finance improvements.
Subdivision 4. GeneralFund. Each member agrees to contribute each
year to a general fund to be used for general administration purposes including, but not
limited to: improvement projects, salaries, rent, supplies, development of an overall plan,
insurance, bonds, and to purchase and maintain devices to measure hydrological and
water quality data. The funds may also be used for any other purpose authorized by this
Agreement. The annual contribution by each member shall be based fifty percent (50%)
34950.12
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15
on taxable market valu.e and fifty percent (50%) on area in accordance with the following
formula:
Annual Watershed Levy = L
Taxable Market Value of a
Member's Property in the Watershed = MV
Taxable Market Value of All Property in the Watershed = TV
Acres of Property a Member Has in the Watershed = A
Total Acres in Watershed = TA
Member Required Contribution = C
%Lx MV +%Lx-A-=C
TV TA
The maximum annual general fund levy to all member communities combined may not
exceed $200,000 per year. This levy limitation shall be adjusted upward or downward
annually as of January 1 st of each year by application of the construction cost index as
reported in the Engineering New-Record.
Subdivision 5. CaDitallmorovement.
A. An improvement fund may be established for each improvement
project ordered by the Commission. If ordered by the Board, each member agrees
to contribute to the funds its proportionate share of the engineering, legal, and
administrative costs as determined by the amount to be assessed against each
member as a cost of the improvement. The Board shall submit in writing a
statement to each member, setting forth in detail the expenses incurred by the
Commission for each project.
Each member further agrees to pay its proportionate share of the cost of the
34950,12
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improvement in accordance with the determination of the Board. The Board or the
16
member awarding the contract shall submit in writing copies. of the engineer's
certificate authorizing payment during construction and the member being billed
agrees to pay its proportionate share of the costs within thirty (30) days after receipt '
of the statement. The Board may also require payment from members before
awarding a contract based upon an engineer's estimate of cost. Billings will then be
adjusted when actual costs are known. The Board or the member awarding the
contract shall advise other contributing members of the tentative time schedule of
the work and the estimated times when the contributions shall be necessary.
B. The Commission may also fund all or any part of the cost of a capital
. improvement contained in the capital improvement program of the plan in
accordance with Minn. Stat. 9 1038.251. The Commission and Dakota County
and/or Scott County may establish a maintenance fund to be used for normal and
routine maintenance of an improvement constructed in whole or in part with money
provided by Dakota and/or Scott County pursuant to Minn. Stat. 9 103B.251. The
levy and collection of an ad valorem tax levy for maintenance shall be by Dakota
and/or Scott County based upon a tax levy resolution adopted by the Commission
and remitted to the county(ies) on or before October 1 of each year. If it is
determined to levy for maintenance, the Commission shall be required to follow the
hearing process established by Minn. Stat. 9 1030.921. Mailed notice shall also be
sent to the clerk of each member municipality at least thirty (30) days prior to the
hearing.
c. The Commission may also fund all or any part of the cost of a capital
improvement contained in the capital improvement program of the plan in
accordance with Minn. Stat. 9103B.241.
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17
Subdivision 6.
Capital Cost Allocation of Improvements in the Board's
Watershed ManaaementPlan. All capital improvement costs of improvements designated
in the Board's adopted watershed management plan for construction by the Board
pursuant to paragraph 10, subdivision SA of this Agreement shall be apportioned on the
following bases or a combination of these methods:
A. The ratio of real property valuation of each member within the
boundaries of the benefited area to the total real property valuation within the entire
benefited area.
B. The ratio of quantity and/or quality of .stonn water produced by each .
member within the boundaries of the benefited area to the total quantity and/or
, .
quality of stonn water produced by the entire benefited' area.
c. The ratio of benefit received by each member to the total benefit to
the entire area of the project.
Subdivision 7. Capital Cost Allocation of Improvements Delineated in Local
Watershed Manaaement Plans. All capital improvement costs incurred by the Board for
improvements delineated in local watershed management plans that benefits only that
local unit of govemment~ which the Board undertakes pursuant to paragraph 7, subdivision
8 of this Agreement because the local unit of government fails to do so, shall be
apportioned entirely to that local unit of government.
11. SPECIAL ASSESSMENTS. . The COl)"lmission shall not have the power to
levy special assessments. All such assessments shall be levied by the member wherein
the land is located.
12. DURATION. .
34950,12 18
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Subdivision 1. Each member agrees to be bound by the te~s of this
Agreement until January 1, 2010, and it may be continued thereafter upon the agreement
of all the parties,
Subdivision 2. This Agreement may be terminated prior to January 1,
2010, by the written agreement of majority vote of the members,
Subdivision 3. In addition to the manner provided in Subdivision 1 for
termination, any member may petition the Board to dissolve the Agreement. Upon thirty
(30) days' notice in writing to the clerk of each member governmental unit, the Board shall
hold a hearing and upon a favorable majority vote of all eligible votes of the then existing
Board members, the Board ,may by resolution recommend that the Commission be
dissolved, The resolution shall be submitted to each member governmental unit and if
ratified by majority vote of the governing bodies of all eligible members within sixty (60)
days, the Board shall then give ninety (90) days written notice of its intent to dissolve the
Commission to Dakota County, Scott County and the Board of Water and Soil Resources,
.
After the expiration of this 90-day notice period, the Board shall dissolve the Commission,
allowing a reasonable time to 'complete work in progress and to dispose of personal
property owned by the Commission,
13. DISSOLUTION. Upon dissolution of the Commission, all property of the
Commission shall be sold and the proceeds thereof, together with monies on hand, shall..
be distributed to the eligible members of the Commission, Such distribution of Commission
assets shall be made in proportion to the total contribution to the Commission required by
the last annual budget.
34950,12
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19
14. EFFECTIVE DATE. This Agreement shall be in full force and effect when all
twenty-one (21) members file a signed copy of this Agreement with the Board. All
members need not sign the same copy.
IN WITNESS WHEREOF, the undersigned governmental units, by action of
their governing bodies, have caused this Agreement to be executed in accordance with
the authority of Minn. Stat. ~ 471.59.
Approved by the Town Board
,20_.
EMPIRE TOWNSHIP
BY:
Attest:
Approved by the Town Board
,20_.
MARSHAN TOWNSHIP
BY:
Attest:
Approved by the Town Board
,20_.
EUREKA TOWNSHIP
BY:
Attest:
Approved by the Town Board
,20_.
CASTLE ROCK TOWNSHIP
BY:
Attest:
34950,12
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20
Approved by the Town Board
,20_,
Approved by the Town Board
,20_,
Approved by the Town Board
,20_,
Approved by the Town Board
,20_,
Approved by the Town Board
,20_.
Approved by the Town Board
,20_,
34950,12
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DOUGLAS TOWNSHIP
BY:
Attest:
NININGER TOWNSHIP
BY:
Attest:
NEW MARKET TOWNSHIP
BY:
Attest:
VERMilliON TOWNSHIP
BY:
Attest:
HAMPTON TOWNSHIP
BY:
Attest:
RAVENNA TOWNSHIP
BY:
Attest:
21
Approved by the City Council
,20_"
Approved by the City Council
,20_"
Approved by the City Council
,20_"
Approved by the City Council
,20_"
Approved by the City Council
,20_"
Approved by the City Council
,20_"
34950,12
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CITY OF COATES
BY:
Attest:
CITY OF ElKO
BY:
Attest:
CITY OF HAMPTON
BY:
Attest:
CITY OF VERMilLION
BY:
Attest:
CITY OF NEW MARKET
BY:
Attest:
CITY OF LAKEVlllE
BY:
Attest:
22
Approved by the City Council
,20_,
'Approved by the City Council
,20_,
Approved by the City Council
,20~,
Approved by the City Council
,20_,
Approved by the City Council
,20_,
34950.12
RNK:rl>5/15/00
CITY OF ROSEMOUNT
BY:
Attest:
CITY OF APPLE VALLEY
BY:
Attest:
CITY OF FARMINGTON
BY:
Attest:
CITY OF HASTINGS
BY:
Attest:
CITY OF BURNSVILLE
BY:
Attest:
23
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
City Administrator ~
FROM: David L. Olson
Community Development Director
SUBJECT: Consider Resolution Authorizing Condemnation of Private Property for
Public Purposes - East Fannington 7th Addition
DATE: June 5, 2000
INTRODUCTION
The City previously received a request from Sienna Corporation to initiate condemnation
of approximately 15' of right-of-way needed to extend 11th Street through East
Fannington 7th Addition.
DISCUSSION
This request was considered at the May 1, 2000 City Council meeting and was continued
to the May 15, 2000 to allow additional time for Sienna Corporation and Mr. and Mrs.
Jolley to reach an agreement on a purchase price for needed right-of-way. At the May 15,
2000 meeting, Sienna Corporation requested that this request be continued until the June
5,2000 meeting since they were close to reaching an agreement with the Jolleys on the
purchase of the required right-of-way.
Since the May 15th City Council meeting, Sienna Corporation has reached tentative
agreement on the purchase of the required right-of-way. This agreement is being
formalized through a written Letter of Undertaking between Sienna and the Jolleys. Rod
Hardy of Sienna Corporation expects this Letter of Undertaking will be signed by the
June 5, 2000 City Council meeting.
BUDGET IMPACT
None
ACTION REQUESTED
If the Letter of Undertaking has been signed by the Jolley's by the June 5, 2000 City
Council meeting, no further action on this issue is required.
~~
~;son
Community Development Director
cc: John and Geraldine Jolley
Rod Hardy
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
lib
TO:
Mayor, Council Mem9~rs,
City Administrator1f'V
Lee Smick, AICP ,AI f)
Planning Coordinator ~
FROM:
DATE:
June 5, 2000
SUBJECT:
Consider Resolution - East Farmington 7th Addition Corrective Final Plat
INTRODUCTION
Sienna Corporation is seeking approval of the East Farmington 7th Addition Corrective Final Plat
that includes the IS-foot right-of-way along the easterly portion of 1004 Maple Street.
DISCUSSION
Sienna Corporation recently reached an agreement with Mr. & Mrs. Jolley to purchase a portion
of their property that is within the proposed right-of-way along II th Street. The agreement will
allow Sienna Corporation to acquire the 15 feet of right-of-way on the easterly portion of the
Jolley property for construction of 11 th Street. The 11 th Street right-of-way was platted in the East
Farmington lst Addition approved on December 19, 1994 and provides for a 50-foot wide
drainage and utility easement for the continuation of 11 th Street to the south.
At the May 1, 2000 City Council meeting, Council approved the East Farmington 7th Addition
Preliminary & Final Plat excluding Lots 9 and 10 of Block 2 from receiving any building permits
until the proposed easement or right-of-way that fronts these lots on 11 th Street had been deeded
to the City.
Since a purchase agreement has been finalized with the Jolleys', a Corrective Final Plat is
required to incorporate the l5-foot right-of-way along the easterly portion of l004 Maple Street.
Additionally, building permits may be issued to Lots 9 and lO Block 2 upon approval of the
Corrective Final Plat.
City staff recommends the approval of the East Farmington 7th Addition Corrective Final Plat
with the following conditions:
l. The Final Plat approval is contingent on the preparation and execution of the Development
Contract and approval of the construction plans for grading, storm water and utilities by the
Engineering Division.
The City Attorney has reviewed the above request and recommends approval of the East
Farmington 7th Addition Corrective Final Plat with the above-mentioned condition.
ACTION REQUESTED
Consider a resolution approving the East Farmington 7th Addition Corrective Final Plat
contingent on the above-mentioned condition.
Respectfully submitted,
- /
,'..).0-
,~,}
s~
Lee Smick, AICP
Planning Coordinator
cc: Rod Hardy, Sienna Corporation
Jim Sturm, James R. Hill
John and Geraldine Jolley
2
RESOLUTION NO.
APPROVING PRELIMINARY & FINAL PLAT AND AUTHORIZING
SIGNING OF CORRECTIVE FINAL PLAT
EAST FARMINGTON 7TH ADDITION
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 5th day of June,
2000 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member _ seconded the following:
WHEREAS the City previously approved the final plat for East Farmington 7th Addition which
did not include a portion of the required right-of -way for 11 th Street because Sienna Corporation
had not yet reached an agreement with the property to acquire this necessary portion of right-of-
way.
WHEREAS Sienna Corporation has reached an agreement to purchase on behalf of the City the
required right-of-way for II th Street;
WHEREAS it is proposed that this required right-of-way for 11 th Street be included in the
Corrective Final Plat for East Farmington 7th Addition;
NOW, THEREFORE, BE IT RESOLVED that the Corrective Final Plat for East Farmington
7th Addition is hereby approved and that the requisite signatures are authorized and directed to be
affixed to the Corrective Final Plat with the following conditions:
1. The Final Plat approval is contingent on the preparation and execution of the Development
Contract and approval of the construction plans for grading, storm water and utilities by the
Engineering Division.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
5th day of June, 2000.
Mayor
Attested to the _ day of June, 2000.
City Administrator
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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
lie
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: Appoint Construction Management Firm - Public Facilities
DATE: June 5, 2000
INTRODUCTION
The City Council has authorized the process leading to a recommendation for appointment of a
construction management firm to assist the City in the construction of a new Law Enforcement
Center and Central Maintenance Facility.
DISCUSSION
The City received a total of seven qualifying proposals from construction management firms
interested in providing this professional service. Of the seven firms, five firms were selected for
an interview by a project team interview panel. Factors considered by the interview panel
included the firm's specific project experience, quality of the proposals submitted, construction
management approach to the two projects, construction management fee for services, and general
capabilities of the proposer's project team that would be needed to meet City's specific project
needs and expectations. The interview team also conducted a very thorough review of the firm's
past client references to ascertain the level of satisfaction these former public clients had with the
proposing firm.
The interview panel consisting of Finance Director Roland, Parks Director Bell, Public Works
Director Mann, Police Chief Siebenaler and this office reached a consensus that E& V
Consultants and Construction Manager represented the firm best able to meet the City needs in
terms of qualifications, experience, value of services proposed, firm capabilities and project
management considerations.
The recommended firm, E& V Consultants and Construction Managers (E& V), has an extensive
and successful history of involvement in both the construction of law enforcement centers and
public maintenance facilities. A brief listing of some of their most current projects include the
City of Eagan's City Hall and Police Facility, City of Coon Rapids City Center, (includes a new
Police Facility), City of New Hope Public Works Addition, Nobles County Highway Garage and
Office addition, Meeker County Law Enforcement Center, City of Woodbury Recreation
Complex, and City of Maple Grove's Community Center. Consequently, E& V is well qualified
to address the City's construction management needs.
BUDGET IMPACT
Fees for project management services to be provided by E&V are classified as a professional
service under state law, and consequently the City is not required to select the lowest cost
proposer. E&V proposed their professional service fee at $123,376. In comparison, the
preliminary facilities project budget estimated construction management fees at approximately
$395,000. The difference in fees will be preliminarily allocated to the project contingency to be
utilized as needed throughout the project design and construction process. Any unused project
funds at the completion of the project would be allocated to debt service in the repayment of the
lease revenue bonds.
ACTION REQUESTED
Authorize the appointment of E& V Consultants and Construction Management as the City's
construction manager for the public facilities project. Upon Council authorization, an agreement
with E& V will be formalized in accordance with the terms of their proposal.
Respectful~,
~Em
file