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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 z o ~ ~ ~ z ~ o u ~ z ~ Q) Co) 'E Q) r/:1 "'C ~ Q) 0 ~ 1::"1\ Cij~ Co) ~ ...... . 'f"IIlI ~ ~ e~ o<+-- t;/) 0 ~o Q) .~ ~u lr) Q) C"loS OJ),.s::: ~ .t:: .N ~ .- ? ~ OJ) o Co) ~ .s oS .~ -= (I) S >> o ]- (I) ~ o ~ (I) >> ;E e.;::: I € ~ ] "t:I (I) ~ ~ - (I) () ~ :.a ~ = u ..: ~ .- (I) A Cf) = .Q .~ ~ trl f' 0\ - ~ - ~ N"t:I >>a tIS . ~ ~ S =bh o = ~.~ ~t: ~ 0 ~S rA' ~ (I) >> ~ il~ A .~ (I) l-< rn (I) .s ~ = S :; (I) (I).~ ()~ = l-< .~ (I) (I) g. ~O (I) () (I)] ~ ~ ..= .~ sil ..... ...... rn rn ';> = .- oS Q = OIl (I) =..: .- = ;:g (I) ~~ (I) (I) ..s a "t:I = a'- rn ~.~ .- ~ U"t:l (I) l-< oS~ ~e a~ ..= (I) () A ~.9 S S (I) ~ oS-;l ..= g'~ "="t:I OIl (I) g OIl ii.! .. 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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. 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Ul O~~ QI E E '" ~ 0 ~.Eu CIO CIO C"'l II N I""l CIO CIO o Ll"\ ~- e:C'\ III \0 .t: UQI - .!: ~Qi OJ Ul Z~ 19 E S,g ii5' \0 o ~ Lt'\ II I""l Gl 'Ot OJ- llO\O e:'Ot III .c: UQI - .!: ~Qi QI lQ Zen 19E t2] N N N .... QI- llOM e:N III .c: UQI 4o't .!: ~Qi OJ '" Z~ la E - 0 t2.t: 'ffl -d' -d' Lt'\ . 0'1 -d' -d' ..... II -d' CIO Lt'\ 6 " QI .!: QI- llOSl c: III III en 6 E 'ffl] ... 111 ~- 'E ~ ,- E ~~ _t: III QI .... tn .2_ 0'1 o ..... II C"'l C"'l Lt'\ 0; lI'l QI .!: ~Qi III '" ~~ Slla III ....0 enF ~ o R '=t in .:...'Ot III ~ "0- e: e: o QI ~ E U'l~ 1O~ - tn t2_ QI .!: OJ- llOSl e: III III en is E 'ffl] \D M QI .!: ...Qi m lQ >113 SlIO ~.g i/. ~ N QI .!: Gl- llOSl c: III III en 6 E i/.] '- III ~i: .... QI ~ E .- G.I u. _ _t: III OJ - U'l t2_ G.I .!: '-m III III ~en QI- Ul .19 ~.2 - .... " ;:;:; N ;:;:; .... ~ o N " M " i: G.I E >- '" Cl.. E ::I tn C. E ::l ...I ... ~ o QI Ul III QI ~ C u= .5 Sl 'ffl~ ~ co C'\ 'Ot 6 lI'l i: QI E >- '" Cl.. E ::J VI 0. E :J -' ~ o Sl III QI ~ e: u= C QI - Ul 'ffl: , 'ffl \0 N R ("of C QI E >- '" l:l.. E ::I VI c. E ::J ...I '- G.I > o Gl Ul '" OJ ~ c: u= C QI - III 'ffl: Be:> "'0- G.I .- e: '=t = iil 0 C'\ c.uJ!lcO 0. ::1.- ~ ::al5ui 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 .',., , ~r:.~" i~r'-' ,.-l ~ ~ :::' . ~_ :t .;, , "," :'~{J:[' ""y;.ac. '1;\:, ~ "",o!"r" 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 OregonUve WITH: IIJe ettgonian .~~*:~ .~ ~,""<~'" .~." .. '-~.- '~,',~~~ @Mtiitf~;Q CO~~~1~ ffidiirlidS'$--~ DY"'~~"~" "S1~"'-"""'" :~ :.-:;~~~ Business Home Tech NW Stock Quotes ~ Click101 mOle a:uiii'~':''}m;'!;~:l oma06~i4 ~ ""," ';".."""""'"'~ ffiii~"'" ~""',,~ gseruFstUff~m?J:' M8ncetOiaC"e.f~1""-ii FAQ Using our Site Ad'lt?rtl3E- 'w'lth Us Ad'.. E-rt 131?r'"S I ndl?x Search Our Archives r_____; ,f:Ji;J Questions? Suggestions? Send us your Feedback For our privacy policy, click here. For our user agree- ment. click here. Copyright 1999 Oregon Live @ orne peop e now b ' ,evefything there is to know a out cars. ijtbe (~rcgOtliall .. - TH E FU LL STORY j;'i' .'-.=C ~_," i~ ' ...;1: - - ' ~:I~ ~, ~ ~ :: ~rl/ ''N;J' " r~ .-me. - .._~ 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 C Ii.: L H>:-~-.,. - ~,j '.'.:-r-i. i~~~- ~-~...--. -.' '" . ~-,~- . .... ,~-', ' " '-''' ... ... ' - .. ..", ~... ~.' .. ".. .~'":f! ~ .,'.. .. -, ,.... \."'. -;.., OIl~~',!~~_~:aI'~~:I-I~'~ NEWS FROM THE NET: . Oregon News . Crime . Medicine . US Politics . Science 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 ......_""~_=.....~,.;"'..=""'_.~='-'-'O-====:-.~.,,,.::::-'.c_:._- --. - -~-,-~~ ,---_...~._--_.... .....-..-------- -~.-.__._- ~ . "i*' >S~.S~~'1i/S~W~1~re~~*'~~";~ . """ 'Ci!;7<~1!'l~;n", 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 Sc:nd I Print this page Talk about It in Silicon Forest t':U'--:--I" ' ~ 'S. ,'. ", -.&~~ ~~ ,1; i, ~, ~'t/ '*-Ii' " .. ~.ea._~.,'" orne peop e now 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 86805 " @ ~ "- '" ~~ ~ ~~~~~~~i~~~~~~~~I~~~~~~ A~~~~d~ ~~~'d~~~~'~ dri d~~ E~~WN N ~MM~ ... ~- ..... ~ m-...... tit.. 6It"" tilt E > al ,g..~ ~ :S - " S ~ ~J!I~ g ~ ~ ali!!'O lQ " C m ! j !::: i .. '" !:l! !R ..... ... '" ..... !l! '" '" ~ ..... ..... (1Ij ~ ~ !2 13 ~ ..... ~~~m13~~~m~~...~~.....~""'~" mm~~ N~~~o~m~mmmd~~dri~~o ~~~... .~ .. ~_.. ....._N M__N N ~~~ .. ..... .... ......... g " .s I :=; ., '5 ~ m &l .e '0 ~ it a.~ ~~~~al~~~~~!~~~iai~~~~~~~!~ ~o~~~~"'.....~ "''''.. ~!Rtt~~.....~", '" ~og~i~~~ ~~~ -~ ~ tt ~ "5~al~~ ~, ~~~~'O etlt e~ ~ ~;~~iI~m~8~~~~~~~~~~~ ~~~~.."ii~~~ ~~~~~~!~ ~;~~~~ 6ffi~ f! ! 1!~ m~'O ~ ..... ..... '" ... !!:l l8 co :ll ... 13 co ..... !2 ~ 0> .. ... co ..... ... '" ~ ..~ l/!t ~ la. ~ . ~ :g. .... ~ I:; 1:. ~ lll. ~. a ~ iZ. ~ ~ l!lll!. w~!Rttt; ~ ~a~ ~~~~ 1:;~t;8 ~ ~ZB~ ~ ~ ~~~ - ~ lQ()al ~~g ~~'g lt~~ l;i '" C ~"''6 ~ + il :5 l.1 .. -w ~ ,5 ~ ~ l<< ",u.o 't:' Ii i :€~~ [ ~ 'g ~~~ l;i lQ 05 ~ + " ~ ~ '" - ~~~~~i~~~G~~~~i~~~~i~ ~"'... '" "'0>..... ~~a ........"'..... ..... M _tit-_ ...._ .... ..........N ..- ........ M" .... tit :€ i~!~~~~~~~~~~18~~i~""'~ C [~ .. '~N~ ...I:;.."4..~. _..~ . o.,.,~~~ ~ ~~~ ~~(1Ij~ ~~I:;~ ~ IO~~ ~ ~ ~~~ - ~ m1il ~ :ll o ~ 0> 0> !R ~ 0 r::: !!l 0> ~ 0> 0> ~ .. ... !R co 0 co ..... <x~",~",,,,~~,,,,,~~,,,,,,,,~,,,,,oo"~(1Ij~~co ~"[~N~~N~~mdl:;~~~~~~dm~~"l. -~~~~~ ~ .....~..... ~.....~..... ~~~'" ..... Cd'~6It ... lit ..u.... ...... ~ :5 5 " + :=; () '0 ~ ~ :€ ~ ~ ., m:5S' ~ >- = ~ JI [ ., - 'D > '> ';: ! ~ ~~cil , t ! t ~ $ ~~ G>Jll<< i!!~~~~a~~~~ ~81~~~~Jii~jll , ~ $- ~ ~ ., 5 ~ ~ 82 ~== ,5 !!1 SEE ~~a:~~ >. 1:: ca ~ ; .Q j ~ 0 c: '5 ~ ,5 ~ ~ ~ ~ c: .!! - Q o b 'b '5 ~ Q) III ~j ca .Q " - :t '0 l! ~ .e ~ ,!Il g 'b ii c: ca z~ b "'D is. '-' Ol C Co) ~ .!! ca ~ 11 ~ 5i s ~ I ~ il .e " .!l ~ ]! ii ~ -gj " .!!~ .e 16 j II II ~ ..... '" ~ i } a: C ~ ~ ~ ,~ ~I mE IJ ~~ ~~ X'" ::::l.9 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 RNK:i05/15/00 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 RNK:r05/15/00 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: 34950.12 RNK:r05/15/00 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 RNK:rll5/15/00 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 RNK:r05/15/00 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 RNK:r05/15/OO 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 RNK:n>5/15/00 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 RNK:rtl5/15/OO 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 RNK:r05/15100 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. 34950.12 RNK.:r05115/00 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 RNK:r05/15/00 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 RNK:rll5/15/oo 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 RNK.:r05/15/00 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 RNK:r05/15/00 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 RNK:r05/15/00 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. 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In c~: B N I " ~i 1 ., (i I' H ~ '., ~j ,;\ d ~r ... !i! ::J 8 I :C t I :~ ".. .'- ,~ ~t ..... -'- g :Ii I , 'I I.... :: r.J i~ ;,; () .r I l~~ 11!r< .r .., ~- 'i~ ~ I ~- '" ,. In r,: C.: ~J b ri .5 I. q f' " r.' ., Ii .. l~1. '. I I I r t 1 I I I I \ ,. ~] Ll: L,J ~. .~ ~. CIl \ I \ , , , ... ---IIT.'&'~--- 1I.,.llO,'1J,lllI!l ",''.''C~:' ~v\ '.- ----I I I I --~flj)'llU..~ "'.sO,tQ.flllG , ~ -..... ~S.T\~':::I""~~ .~.r:~:J~~.r:,) ,0\0;'.:)(''''''' ~:..~.... 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