HomeMy WebLinkAbout03.06.00 Council Packet
COUNCIL MEETING
REGULAR
March 6, 2000
Action Taken
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS (Open for Audience Comments)
7. CONSENT AGENDA
a) Approve Council Minutes (2/22/00) (Regular)
b) Approve Gambling Event Permit - St. Michael's Church
c) Approve Gambling Premises Permit - VFW Club
d) Adopt CSAH 31 Special Assessment - Seed/Genstar Property
e) Capital Outlay - Public Works Department
f) Ratify Position Appointment - Fire Department
g) Schools and Conferences - Fire Department
h) Final 2000 Tax Capacity Rate Update
i) Approve Bills
AfJProved
R12-00
R13-00
AdofJted
Iriformation Re~ived
Information Received
Information Received
Iriformation Received
Approved
8. PUBLIC HEARINGS
a) Consider Conditional Use Permit - Excavation, Grading, and Mineral
Extraction - Lew Wurdeman
b) Consider Conditional Use Permit - Excavation, Grading, and Mineral
Extraction - Helen M. Huber Estate
9. AWARDOFCONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) 2001 Budget - Council Fiscal Goals
b) 2000 Streetscaping Project - Schedule Council Workshop Date
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
14. ADJOURN
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COUNCIL MINUTES
REGULAR
February 22, 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, Strachan, Verch
Soderberg
City Administrator Erar, Acting City Attorney Brokl, City
Management Team
4. APPROVE AGENDA
MOTION by Verch, second by Cordes to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Acknowledge Professional Certification
Human Resources Coordinator Brenda Wendlandt was recognized for completing
the necessary training and testing to receive a designation as a Senior Professional
in Human Resources from the Society for Human Resource Management.
b) 1999 Annual Report ALF Ambulance Presentation
Mr. Kevin Raun, of ALF Ambulance presented the Annual Report to Council.
c) Acknowledge City Participation - Millennium Mayorthon
The City received notification from First Family Pledge, requesting participation
from Mayor Ristow in this event. This national organization is committed to
promoting and encouraging organ and tissue donation, and is supported by the
American Red Cross and American Society of Transplant Surgeons.
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by Strachan, second by Cordes to approve the Consent Agenda as follows:
a) Approved Council Minutes (2/7/00) (Regular)
b) Received Information Capital Outlay - Liquor Operations
c) Received Information Capital Outlay - Police Department
d) Adopted Findings of Fact - Denying Silver Springs Zone Change Request
Council Minutes (Regular)
February 22, 2000
Page 2
e) Approved Private Development Street Cleaning Project
f) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Consider Resolution - Supporting Changes to MN Joint and Several Liability
Law
Under joint and several liability , cities when named in a lawsuit, can be held
liable for an entire damage award even if they are found not to be at fault. Cities
often are brought into lawsuits where it is likely the other defendants are
uninsured or unable to pay. Current joint and several liability laws force City
taxpayers to pay for other people's negligence. MOTION by Cordes, second by
Verch adopting RESOLUTION RI0-00 supporting the reform of the current
joint and several liability law by either abolishing it or significantly restricting its
application to situations where cities are substantially at fault for the damages.
APIF, MOTION CARRIED.
b) Preliminary 1999 Fiscal Review
Preliminary review of 1999 General Fund Revenues and Expenditures has been
completed. Revenues for 1999 exceeded budget by $93,234. Expenditures for
1999 were under budget by $61,423 or 1.7%. Variances from the revised budget
include additional overtime and professional services in the Police Department,
costs of professional services to supplement staffing in Community Development,
and significantly reduced costs in Public Works due to the mild winter.
c) Vermillion River Watershed Management Organization Draft Joint Powers
Agreement - Discussion
The Joint Powers Agreement (JPA) for the VRWMO was due to expire January 1,
2000. 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.
There are two main issues that stafffeels concern the City of Farmington in
regards to the JP A: 1) Funding of the capital improvements proposed in the draft
watershed plan; and 2) Representation of communities on the Board of
Commissioners. These issues were discussed and the next meeting of the
VRWMO will be held February 23, 2000.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a) Consider Resolution - 2000 Sealcoat Project Feasibility Report
The following streets are to be included in the seal coat program this year: Nelsen
Hills 4th and 5th Additions, Troyhills 1 st through 4th Additions, Industrial Park 1 st
Council Minutes (Regular)
February 22, 2000
Page 3
and 2nd Additions, East Farmington I st and 2nd Additions, Prairie Creek 4th
Addition, and Elm Street East of Highway 3. Several downtown streets have not
been seal coated in over seven years and are proposed to be included in the
project this year. The alley behind St. Michael's between 4th Street and 5th Street
is also part of this year's project. The total estimated cost for the project is
$131,600. The estimated assessment based on estimated project costs and the
City's special assessment policy is $60.42 per residential equivalent unit. The
City's special assessment policy indicates a 50/50 cost sharing split between the
City and the benefiting properties for seal coat improvements. MOTION by
Cordes, second by Strachan adopting RESOLUTION Rll-OO accepting the
feasibility report, authorizing the preparation of plans and specifications and
scheduling a public hearing for March 20,2000. APIF, MOTION CARRIED.
13. COUNCIL ROUNDTABLE
CounciJmember Cordes: At the Chamber meeting she was asked to remind everyone
of the Leap Year Party, on February 26, 2000 at the American Legion. Marilyn
Weinhold is now working full time at the Chamber office. There is a large amount of
water in the streets in Sunnyside Addition. Staff will check the situation.
CounciJmember Verch:
Ambulance performs.
Thanked Kevin Raun for the excellent work ALF
City Administrator Erar: A Council Workshop with County personnel on the Akin
Road tumback will be set for March I, 2, or April 6, 2000. Staff is waiting to hear from
the County. (April 5, 2000 was set upon receiving conjirmationfrom the County).
Finance Director Roland: The 2000 Budget was distributed to Council.
14. ADJOURN
MOTION by Cordes, second by Strachan to adjourn at 7:40 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~~ /?7~
Cynthia Muller
Executive Assistant
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/6
TO:
Mayor, Councilmembers and City Administrato~
Karen Finstuen
Administrative Services Manager
FROM:
SUBJECT:
Gambling Event Permit - St. Michael's Church
DATE:
March 6, 2000
INTRODUCTION
St. Michael's Church is requesting a Gambling Event Permit for their annual Spring Fundraiser
Dinner and their Fall Festival.
DISCUSSION
Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City
for this type of event. An application has been received, along with the appropriate fees. The
City Attorney has reviewed the application and the attached resolution approving the request.
BUDGET IMPACT
Gambling fees are included in the revenue portion of the 2000 budget.
ACTION REOUESTED
Consider the attached Resolution granting a Gambling Event Permit to St. Michael's Church at
22120 Denmark Avenue, on May 17,2000 and September 16-17,2000.
Respectfully submitted,
JI~~~
<!.--~
Karen Finstuen
Administrative Services Manager
RESOLUTION NO. R_-OO
APPROVING A MINNESOTA LAWFUL
GAMBLING EVENT PERMIT APPLICATION FOR
ST. MICHAEL'S CHURCH
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 6th day of March
2000 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue
or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said
permit; and,
WHEREAS, St. Michael's Church has submitted an application for a Gambling Event Permit to
be conducted at St. Michael's Church, 22120 Denmark Avenue, for Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling
Event Permit for St. Michael's Church to be conducted at 22120 Denmark Avenue is hereby
approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
6th day of March 2000.
Mayor
Attested to the
day of
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
/c
TO: Mayor, Councilmembers and City Administrator~
FROM: Karen Finstuen
Administrative Services Manager
SUBJECT: Approve a Gambling Premises Permit - VFW Club
DATE: March 6, 2000
INTRODUCTION
The VFW is requesting a Gambling Premises Permit at 421 3rd Street.
DISCUSSION
Pursuant to State Statute and pertinent City Code, an organization must first obtain a resolution
from the City, granting permission for gambling to occur at a specific location. The VFW is
requesting approval to conduct gambling activity at 421 3rd Street. The appropriate application
and fees have been received and the application has been reviewed by the City Attorney.
BUDGET IMPACT
None.
ACTION REOUESTED
Consider the attached Resolution approving a Premise Permit at 421 3rd Street.
Respectfully submitted,
%0--u7~2~~
c::-J
Karen Finstuen
Administrative Services Manager
RESOLUTION NO. R_-OO
APPROVING A MINNESOTA LAWFUL
GAMBLING PREMISES PERMIT APPLICATION FOR
VFW POST 7662
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 6th day of March
2000 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to M.S. 349.213, the State of Minnesota Gambling Board may not issue
or renew a Gambling Premises Permit unless the City Council adopts a Resolution approving
said permit; and,
WHEREAS, the VFW has submitted an application for a Gambling Premises Permit to be
conducted at 421 3rd Street, for Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling
Premises Permit for the VFW to be conducted at 421 3rd Street, is hereby approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
6th day of March 2000.
Mayor
Attested to the
day of
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
l~
TO: Mayor, Councilmembers, City Administrato~
FROM: Robin Roland, Finance Director
SUBJECT: Adopt CSAH 31 Special Assessment - Seed/Genstar Property
DATE: March 6, 2000
INTRODUCTION
At the Public Hearing held on November 16, 1999, the City Council agreed to extend the objection
to assessment for the parcel of the Seed Trust property (P.I.D.#14.16500.021.00) until a
determination was made regarding Ag Preserve status on a split to that property.
DISCUSSION
After consideration and numerous meetings with staff, Genstar has elected to withdraw their
request for Ag Preserve status at this time. They have reserved their right to seek Ag Preserve
status on a portion of their property at a later date.
The extension of the objection may therefore be terminated and the property assessed for the
CSAH 31 improvements at this time, consistent with Council direction.
BUDGET IMPACT
Assessments to this property will be City deferred until the property develops. Interest will accrue
from the date of the assessment adoption, March 6, 2000.
ACTION REQUIRED
Adopt the CSAH 31 assessment for the Seed/Genstar property, P.I.D.#14.16500.021.00 in the
amount of $343,906.78.
Respectfully submitted,
ftk*~
Robin Roland
Finance Director
COUNTY ROAD 31 ASSESSMENT OBJECTIONS
PROPERTY OWNERS
4-5 Hanke & Paulson Enterprises PIO #14.25850.030.02
3a-5 Seed Trust (Astra Genstar) PID #14.16500.021.00
3b-5 Seed Trust (Astra Genstar) PIO #14.16500.030.00
3a-5 Seed Trust (Astra Genstar) PIO #14.16500.021.00
PROPERTY OWNER OBJECTION:
Road improvement is of no benefit to property.
CITY RESPONSE TO PROPERTY OWNER OBJECTION:
In order for development to occur on the Seed properties, transportation
access to County Road 31 will be necessary. The assessments for these
properties will be deferred until development occurs.
The Hanke & Paulson parcel, in the Industrial Park, currently has access
to Pilot Knob Road via County Road 50. Within the next five years, Pilot Knob
Road will be directly accessible on 20ath Street, which is planned to be
constructed as part of the Industrial Park Phase IV. Independent appraisal
indicates that benefit to all Industrial Park parcels exceeds the $2,a01 per acre
assessment amount.
Direct access to CSAH 31 is not a requirement in determining project
benefit. CSAH 31 serves as a primary north-south transportation corridor, and as
such, benefit is conferred to those properties in the project area. Independent
appraisals validate that properties need not abut nor have direct access to the
road and in all cases, with respect to properties south of 195th Street, the
appraised value of the benefit exceeds project assessments.
COUNTY ROAD 31 ASSESSMENT OBJECTIONS
PROPERTY OWNERS
2-8 Wally Berglund PID #14.03600.015.29
1-8 Jeff Thelen, Thelen Cabinet Company PID #14.25850.020.02
16.N Michael & Elaine McNamara PID #14.02400.013.50
17-N Gerald Stelzel PID #14.01300.010.01
PROPERTY OWNER OBJECTION:
Specific objections regarding access to the road (CSAH 31).
CITY RESPONSE TO PROPERTY OWNER OBJECTION:
Direct access to CSAH 31 is not a requirement in determining project
benefit. CSAH 31 serves as a primary north-south transportation corridor, and as
such, benefit is conferred to those properties in the project area. Independent
appraisals validate that properties need not abut nor have direct access to the
road and in all cases, with respect to properties south of 19Sth Street, the
appraised value of the benefit exceeds project assessments.
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Mr. Harvey Briesacher, 21075 Eaton Avenue, stated due to the nature of his property, it would
be resold as a residence. He asked if a potential buyer would want to keep it as a residence,
would he have to pay this assessment? Staff replied as long as the buyer maintains it as a single
residence the assessments are deferred on the balance of the property. If the rest of the property
is developed, the buyer would have to pay the assessment.
The next category is specific objections regarding access to the road. Direct access to CSAH
31 is not a requirement in determining project benefit. CSAH 31 serves as a primary north-south
transportation corridor and as such, benefit is conferred to those properties in the project area.
The appraised value of the benefit exceeds project assessments.
Mr. Jeff Thelen, owns property in the Industrial Park on Eaton Avenue, read the City will
develop land in the Industrial Park and will be continuing 208th Street. He recognizes the answer
for not having direct access. He questioned the acreage and how it is being assessed. From 195th
Street south to CR 50 there are approximately 1100 acres of land. But there is only 734 acres
being assessed. Staff had told him there are certain types of property not included - ag preserve,
green acres, wetlands, and acres that the road itself takes up. He owns approximately 2 acres.
He feels he is paying 150%. If there is one green acre, is he paying a lar&er portion to cover that
green acre? Staff replied the way the calculation was done south of 195 Street, is the total
acreage was looked at for 1/2 mile on either side of the road. Then the flood plains and wetlands
were taken out, as well as the right-of-way for the new road alignment and the right-of-way for
the streets in the industrial park. Since green acres and ag preserve were not part of the flood
plain or wetlands they were left in the calculation. Mr. Thelen then asked who is covering that
portion? Attorney Jamnik replied the City is covering it through bonding costs. Staff stated the
City did not exclude itself. City property on the corner of CSAH 31 and 195th, as well as water
board sites are also being assessed. Mr. Thelen then stated he has a gas line easement of 50 feet
x 300 feet, he cannot do anything with. He also has a water drainage easement on two sides of
his property he cannot do anything with. Staff replied they did consider those possibilities. The
pipeline easement runs east and west. There are also two other pipeline easements that go to the
north. Those areas were not taken out of the calculation, so those pipeline easement areas are
going to be assessed except where they go through flood plains or wetlands. All the properties in
Charleswood that currently are there have drainage and utility easements that ring their lots like
every lot and they are all being assessed. In addition, all the property undeveloped right now that
gets developed will have drainage and utility easements on those lots and in addition public
streets which are all being assessed. Mr. Thelen stated the drainage easements in residential
areas are just for that lot to drain to the street. Staff replied the front of the lot drains to the
street, the rear of the lot typically drains to the back. Mr. Thelen stated what drains through his
property is about 10 acres. Plus whatever comes off the curb backs up in the parking lot and runs
in because the catch basin is not large enough.. He wondered if that was common that someone
has to give up that much of a drainage easement. Staff will have to look at his specific situation.
Mayor Ristow stated he did hear from Mr. Gerald Stelzel, 18875 Chippendale Avenue, that since
his assessment was deferred he had no further objections.
Ge next category is for those who stated the road is of no benefit to their property. A letter
I was received from the Seed Trust withdrawing the objection for PID# 14.165 00.03 0.00 with the
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understanding this is deferred until the parcel develops. Staff recommended the objection for
PID#14.16500.021.00 be extended until such time as further consideration can be given to a
request from Seed Trust. They have a portion of this parcel which is only accessible from ag
preserve land which is owned by another party. That particular parcel cannot be developed for at
least eight years. It is isolated by a wetland and is not accessible by any other way. Seed Trust
wishes to petition for ag preserve status for that particular parcel. Staff recommended that until
such time that ag preserve request is submitted and addressed by the City that this particular
parcel be held open. At the time designation is made, the assessment would be addressed.
Councilmember Strachan asked if a corporation can place land in ag preserve? Staff replied they
can only if the City allows them to. This is a City decision. Astra Genstar is asking for
consideration for ag preserve since it is not a developable parcel. It is surrounded on three sides
by ag preserve land which is one of the requirements of the ag preserve statute. Astra Genstar is
asking that this be left open until that is considered. Councilmember Soderberg stated this is a
question he specifically asked at the initial public hearing, if someone could subsequent to the
hearing apply for ag preserve. At that time, Attorney Jamnik stated it would not benefit the
property, or that it would not change the status of the assessment. Attorney Jamnik stated we
would have to re-assess. If a property wants to go into ag preserve, they have to apply to the
City. The City approves it contingent on all the criteria being met. The assessments on that
parcel currently have to be paid. But if one of the conditions upon application is to ask for re-
assessment to defer that amount, they would not have to make installment payments. The
assessment could be approved now, but when they apply for ag preserve, they would probably
bring a re-assessment request for that parcel and there would be another process to follow. By
holding this open the City avoids another legal proceeding.
The final category covers property currently undeveloped and does not benefit from the
road improvement. Properties are agricultural, green acres or ag preserve. Under State Statute
the City is not allowed to levy special assessments against ag preserve properties. When the
property is developed, the City reserves the right to assess the property for road improvement
costs. Green acres parcels will be deferred until development occurs. Interest is being accrued
during deferment period. If it is a green acres deferred parcel, the interest accrues and is kept
track of by the County. If it is a City deferred parcel, the interest is kept track of by the City.
Mr. John Devney, 5788 212th Street W, stated he was surprised ag preserve property could be
assessed. If this was not developed for 20 years, would there be an assessment due at that time?
Staff replied the City reserves the right to assess the property when it comes out of ag preserve.
However, if the property is in ag preserve until after the assessment period ends, it would be very
difficult for the City to assess the principal and interest at that time. The City can only assess on
a property as long as the bonds the City issued to pay for the project are outstanding, in this case
15 years. No interest will accrue on the assessment while in ag preserve. Interest starts to accrue
when the property comes out of ag preserve. The three properties under ag preserve are shown
as there was an objection to the assessment. In terms of a motion to adopt the special
assessments, it would be with an exception to the three parcels shown as ag preserve.
MOTION by Cordes, second by Soderberg to close the public hearing. APIF, MOTION
CARRIED.
5
M )N ores - S fECI At...
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Councilmembers Soderberg and Strachan stated if Mr. Chinn can provide documentation from
the County showing that the value of his property has been reduced, they would reconsider his
assessment amount. Staff stated if Mr. Chinn can provide information, the City should conduct a
full independent appraisal of the property to determine whether or not the reduction on the part
of the County still had the effect of actually reducing the market value of the property in light of
the assessment being proposed. The City would have to fund the cost of an independent
appraiser. Mr. Chinn will need to provide the documentation from the County to Finance
Director Roland by the December 20, 1999 Council Meeting. Staff stated this document would
not suggest there has been a reduction in market value. While the land value may have
decreased, the house itself could have appreciated beyond the value of the land.
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Council agreed the objection to the assessment for the parcel of the Seed Trust property
(PID#14.16500.021.00) will be extended until the ag preserve application has been approved or
denied.
MOTION by Soderberg, second by Strachan to adopt the special assessment with the exception
of the Seed Trust property and the ag preserve property. APIF, MOTION CARRIED.
Staff stated objectors to the assessments have another 30 days from November 16, 1999 to pay
the assessments. After the 30 days, they will be certified to the tax rolls for payment over the
next 15 years.
MOTION by Cordes, second by Strachan to adjourn at 8:50 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
- z:
0. .~:;;~ ?r?~
6/
Cynthia Muller
Executive Assistant
6
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~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Capital Outlay - Public Works Department
DATE: March 6, 2000
INTRODUCTION
The 2000 Budget provides for the acquisition of a vibrating roller and an air compressor by
the Public Works Department.
DISCUSSION
Staff received three quotations for the air compressor. Based on the quotations received, staff
has elected to purchase a Sullair model 185DPQ-JD air compressor through the State Bid for
a total cost of $11,685.18 (including tax) which also includes a trade-in allowance for the old
compressor.
Staff received three quotations for the vibrating roller and rejected one quotation based on
specifications. Ruffridge-Johnson Equipment Company quoted a Roscoe Vibrastat III roller
for $13,689.51 (with tax). RDO Equipment Company quoted a Wacker model RD llA
vibrating roller for $12,567.00 (with tax). As RDO Equipment Company quoted the lowest
price and the roller quoted is the preferred model, the roller will be acquired from RDO
Equipment Company. The old roller will be sold at the County auction later in the year.
BUDGET IMPACT
The total combined 2000 budget allowed for these two purchases is $25,000. The total cost
for these two items is $24,252.18.
ACTION REQUESTED
For information only.
Respectfully submitted,
~YJ1~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7-f
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: Ratify Position Appointment - Fire Department
DATE: March 6, 2000
INTRODUCTION
The annual elections of the Fire Department were held on February 14,2000.
DISCUSSION
My office has been informed that Fire Rescue Captain Tom Hemish has been elected to the
position of Second Assistant Fire Chief, replacing Mark Fishback. In accordance with approved
Fire Department By-Laws, Mr. Hemish is automatically appointed to this position, pending
Council ratification.
In accordance with City ordinances, the Office of the City Administrator is required to
recommend all appointments brought before Council for ratification. Discussions with Chief
Kuchera indicate his general support of department election results appointing Mr. Hemish to the
position of Second Assistant Fire Chief.
In light of Fire Department procedures in electing department officers, this office has no
knowledge of any circumstances that would disqualify Mr. Hemish from appointment to the
position of Second Assistant Fire Chief. Consequently, Mr. Hemish is qualified to hold the
position of Second Assistant Fire Chief in the Fire Department.
ACTION REOUESTED
Council ratification of Mr. Hemish's appointment as Second Assistant Fire Chief is requested.
Respectfully Submitted,
:;/;;V~~
fhn F. Erar
City Administrator
Cc: Tom Hemish
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 fax (651) 463-2591
www.ci.farmington.mn.us
33
TO: Mayor, Councilmembers and City Administrat~
FROM: Ken Kuchera, Fire Chief
SUBJECT: School and Conference - Fire Department
DATE: March 6, 2000
INTRODUCTION
The Fire Department is planning the attendance of Fire Department personnel at two separate
schools and conferences.
DISCUSSION
Two Fire Department personnel will be attending the Minnesota State Fire School, April 8-9,
2000, in Austin, MN. Topics covered will include Fire Cause and Determination, Introduction to
Fire Prevention, and Leadership/Strategy.
The Fire Marshall will be attending the 2000 Fire Investigation Conference in St. Cloud on
March 22-24, 2000. Topics covered include Legal Presentations, Testimony and Report Writing,
and Evidence Collection.
BUDGET IMPACT
Funding is provided in the 2000 Budget.
ACTION REOUESTED
For information only.
Respectfully submitted,
~K~
Ken Kuchera
Fire Chief
lh
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
FROM:
SUBJECT:
Mayor, Councilmembers, City Administrato~
Robin Roland, Finance Director
TO:
2000 Tax Capacity Rate - Final
DATE:
March 6, 2000
INTRODUCTION
Dakota County has finalized the City of Farmington's tax capacity rate for 2000.
DISCUSSION
At the Truth in Taxation hearing on December 6, 1999, staff presented the 2000 Tax Levy information and
advised Council that the Tax Capacity Rate for 2000, based on the most current information from the
County at that time, would be 30.9%. As staff has discussed previously, the County's numbers do fluctuate
and the City must wait until after the County's numbers are finalized at year end to know the true tax rate.
Year end information has been received from the County and computations reveal a tax capacity rate of
30.6%. The 2000 tax capacity rate reflects a reduction of 2.4 percentage points or a 7% drop from the 1999
tax capacity rate of 33.1 %.
BUDGET IMPACT
Revenues will be received in accordance with the 2000 Adopted Budget.
ACTION REQUIRED
For Council's information.
/iZ#J
. Robin Roland
Finance Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
<2ra.,
TO:
Mayor, Council Me~s~
City Administratoro/ ~
Lee Smick, AICP A ()
Planning Coordinator 1JX
FROM:
SUBJECT:
Consider Conditional Use Permit - Excavation, Grading and Mineral Extraction
Permit - Lew Wurdeman
DATE:
March 6, 2000
INTRODUCTION
Friedges Landscaping, Inc. has submitted an Excavation, Grading and Mineral Extraction
application on behalf of Lew Wurdeman for continued mining of the Wurdeman property at
5827 West 210th Street. Friedges, Inc. intends to extract fill (sand) to bring to their projects in
the area and they will occasionally bring in topsoil to assist in the restoration ofthe property.
DISCUSSION
Conditions of a Excavation, Grading and Mineral Extraction Permit
Sections 3-22-5 through 3-22-8 outline the requirements for approval of Excavation, Grading
and Mineral Extraction application permits and annual renewals of the permit. The Planning
Commission and City Council review the initial application for mining a new site. The permit
must be renewed yearly to assure compliance with the longer range overall plan and retain the
ability to modify existing or to attach new conditions in accordance with changing characteristics
of the site or surrounding areas.
The City Administrator may approve the renewable annual permit, after consultation with
appropriate City staff. If the permit is denied, the applicant may appeal the decision to the City
Council.
If a permit does not meet the conditions of the Excavation, Grading and Mineral Extraction
Chapter of the City Code, the permit may be terminated and reinstatement of the permit may be
granted upon approval of a conditional use permit.
Reasons for a Conditional Use Permit for Reinstatement of the Wurdeman Mining Operation
A letter from Lee Mann, City Engineer was sent to Mr. Wurdeman on January 17, 2000 stating
that the mining permit for the property had expired because the deadline (December 17, 1999)
for the renewable annual permit was not met. The City received the extraction application
permit for the Wurdeman mining pit on January 19,2000. Therefore, a Conditional Use Permit
for an Excavation, Grading and Mineral Extraction permit is required for the Wurdeman
property before the permit can be reinstated.
Background of the Wurdeman Mining Pit
The Wurdeman mining pit has been in operation since the City Council approved the first
application on March 8, 1995. At that time, it was proposed that approximately 5,000 yards was
to be moved into the site and 50,000 yards was to be moved out and the excavation was proposed
for 20 feet in depth.
Annual renewals for mining of the Wurdeman property have been approved since December of
1995. The pit has been mined continually under the approved renewable annual permit until the
permit expired on December 31, 1999.
Inspection of the Wurdeman Mining Pit
City staff inspected the mining pit in November of 1999 and found that the operation was
meeting the requirements of the City Code. However, staff acknowledged that concrete stored
from the CSAH 50 road project might be located on portions of the Wurdeman site. Staff
recommended that the applicants determine the location of the concrete and prepare a plan to
remove the concrete.
Planning Commission Public Hearing - February 8, 2000
The Planning Commission recommended approval of the mining permit contingent on a plan
submitted by Friedges, Inc. to remove the concrete stored from the CSAH 50 road project that
was required to be removed in October of 1996. A letter submitted by Friedges, Inc. states that
the concrete proposed to be recycled from the road project has been removed from the
Wurdeman property as of February 16,2000, meeting the contingency required by the Planning
Commission.
Additionally, the Planning Commission recommended the hours of operation be Monday through
Friday from 7:00 AM to 5:00 PM and Saturday from 9:00 AM to 5:00 PM. This is consistent
with the hours of operation required since the mining pit opened in 1995.
The engineering division reviewed the permit application and has made comments on certain
requirements in the City Code that are attached.
ACTION REQUESTED
Approve the Conditional Use Permit for Excavation, Grading and Mineral Extraction Permit for
the Wurdeman property contingent on the proposed hours of operation and adherence to
engineering requirements.
~:llY ~tted/7
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Lee Smick, AICP
Planning Coordinator
cc: Lew Wurdeman, 5827 W. 210th Street
Friedges, Inc. 9380 W. 202nd Street Lakeville, MN 55044
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT
Conditional Use Permit #
Applicant Name: Lew WurdemanlFriedges, Inc.
1. PERMIT. Subject to the terms and conditions set forth herein, the City of Farmington
hereby grants a conditional use permit for the following:
Conditional Use Permit for Excavation, Grading and Mineral Extraction (Chapter 3 Section 22 of City
Code)
2. PROPERTY. The permit is for the following described property ("subject property") in
the City of Farmington, Dakota County, Minnesota:
The East Half of the Southwest Quarter of the Southeast Quarter of Section 26, Township 114 North,
Range 20 West, Dakota County, Minnesota.
3. CONDITIONS. The permit is issued subject to the following conditions:
i. issues identified in the Engineering Division review letter dated January 28, 2000
be addressed before a permit is issued;
11. the permit is not valid and grading cannot commence until the required surety is
posted and the applicant pays the appropriate fees;
Ill. that hours of operation consist of Monday through Friday 7:00 AM to 5:00 PM
and Saturday 9:00 AM to 5:00 PM.
4. TERMINATION OF PERMIT. The City may revoke the permit following a public
hearing for violation ofthe terms of this permit.
5. LAPSE. If within one year of the issuance of this permit the allowed use has not been
completed or the use commenced, this permit shall lapse.
6. CRIMINAL PENALTY. Both the owner and any occupant ofthe subject property are
responsible for compliance with this conditional use permit. Violation of the terms of this conditional use
permit is a criminal misdemeanor.
Dated:
,2000
CITY OF FARMINGTON
BY:
Gerald Ristow, Mayor
(SEAL)
AND:
John F. Erar, City Administrator
STATE OF MINNESOTA
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of , 2000 by Gerald
Ristow, Mayor and by John F. Erar, City Administrator, of the City of Farmington, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority by the City Council.
Notary Public
Drafted by:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
2
2J
SUBJECT PROPERTY
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CS[gJO~[Q)@l~~, INC.
9380 W. 202nd Street. Lakeville. MN 55044
Phone: (612) 469-2996. Fax: (612) 469-1755
EXCAVATING AND LANDSCAPE CONTRACTORS
January 3, 2000
Lee Smick, Planning Dept.
CITY OF FARMINGTON
325 Oak Street
Farmington, MN 55024
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lI\\ .MN 19m
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Re: Lew Wurdeman (Mining Property)
Dear Lee:
We are submitting this letter in addition to our application to renew
the mining permit on the above property.
The intent of the Wurdeman Pit is to extract fill (sand) to bring to
our projects in the area.
It is possible that we would occasionally back haul topsoil to assist
in our future restoration.
Please call if there are any questions.
Thank you.
Sincerely,
Todd Brennan
TB:lrw
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CITY OF FAAAlINGTON
EXCA V A TION, GRADING AND MINE
EXTRACTION APPLICATION
D~e December 1, 1999
Type
No.
Phone 469-2996
~ame of Applicant
Friedges Landscaping, Inc.
Ad~s 93eO 202nd street W Lakeville, MN 55044
Location of Operation
5827 West 210th street
Farminqton, MN 55024
Name and Address of Land Owner
Lew Wurdeman
5827 W ~10th street Farminqton, MN 55024_
Dimensions of area in which work will take place
See Attached Blueprints
Maximum depth of excavation 20 feet ~a."(.imum height offill
Change in site elevations t~~jl ft; Estimated quantity to be moved; In 5 , 000
-0-
Yds Oue5, 000 Ycl~
Date opercnion will start
March 2000
Date operation will end December 31, 2000
Normal days ofoperarion Monday thru Saturday
HO~7:00 RID to 5:00 pm
Does applicant plan to:
1. Feneetheoperation? should not need
3. Postwarningsigns? yes
4. Arrange for proper drainage? yes
s. Arrange for noise suppression? will not need - will observe
ti. Observe a buffer frolQ boundarY lines? : ye s . - 1 5 I to 20 I
7. Repair streets darnaged from operation?' blade road and rock if needed
8. Furnish before and aftertopos? if' required
9. Furnish a-bond to the City?" yes .
10. Furnish a Certificate ofIl1su ranee? ye s
Fee: Based on schedule of fees under Resolution R : S valid from
through fJ
ne~pmber 1, 1990 ~~ ~_
Da.. S' .o~~ y
Application (approved, denied) by the City Council this day of
19_"
Date
City Clerk
Dear applicant,
Your original permit was approved with a specific condition outlined in a memo by the City
Engineer at tho time it wu granted.
"The crmJ,ractor ofhtdl pruvide the City with monthly reportr that identifY the quan-
tity of materials removed and/or placed in the exCtltlation. "
Please complete this form and return it with your renewal application. This is a necessary
condition before a renewal can be granted.
AmOWlt of Material
-0-
"'Ul
683 vds
575 vds
620 vds
5,155 vds
2,951 vds
1 .122 vds
978 yn~
19,276 yd~
21,429 vds
1,R11 yn~
2,~51 vd~
Permit Operate~/CGmpany
Location of MininglGradiJu!
Date 1 I J 100
. ,
Removed Replaced MODthly Total
(check) (check) (indicate month)
x January 1999
x February 1999
x March 1999
x April" 1999
x May 1999
~ June 1999
v July 1999
v August 1999
y September 1999
x October 1999
v November 1999
y December 1999
Please return with your renewal application, fee and surety agreement by
Thank you.
City of Farmington
325 Oak Street
Farmington, MN 55024
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[?[gjO~[Q)@3~~, INC.
9380 W. 202nd Street. Lakeville, MN 55044
Phone: (612) 469-2996 . Fax: (612) 469-1755
EXCAVATING AND LANDSCAPE CONTRACTORS
February 16,2000
Lee Smick, Planning Dept.
CITY OF FARMINGTON
325 Oak Street
Farmington, MN 55024
Re: Huber (Mining Property)
Dear Lee:
This letter is to inform the City that the concrete that we would like
to recycle has been removed and placed on the Huber Pit property
as requested.
Please contact me if you have any questions.
Thank you.
Todd Brennan
TB:lrw
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SURETY AGREEMENT ~OR MiNING EX~RACTION PLAN
.
AGRiSMBNT dated this ~ day of
December ,1 999 by and
between the City of Farmington, a Minnesota municipal corporation
(City) and. FrLed~es L~ndscapinq. Inc.
(The Operator) .
WHEUAS, the City has approved the Operator's plans
and specifications for said mining and/or excavation subject to the
conditions setforth below.
NOW THEREFORE, in consideration of the above and other good
and valuable consideration, the Parties hereby agree as follows;
The Op~rator agrees to ~onstruct such required improvements
according to the provisions of the plans and specifications
attached as Exhibit "A" and incorporated herein by reference. The
Operator ag~ees to dedicate such property or easements as
designated in Exhibit "B" attached and incorporated herein by
reference. The Operator, further agrees to comply with .all such
additional conditi~ns, as may have been, established by the City in
Exhibit We", which is attached and incorporated herein by
refe:t:'ence.
To guarantee completion and compliance with the terms of this
Agreement the Operator shall furnish the City with a cash escrow or
irrevocable letter of credit from a bank for S
N/A
This
Agreement and surety is provided to guarantee completion and
compliance with the terms set out in this Agreement within the time
period established by the Planning Commission. Both the bank and
the form of the letter of credit shall be subject to the approval
of the City Administrator. The security shall be for a period
c'
! .
..
ending
December 31, 2000
If the required improvements are
not completed, or the terms of the Agreement are not fully
satisfied, at least thirty (3D) days prior to the expiration of a
letter of credit, the City in its' sole discretion may draw down
the security, without any prior notice, and for any violation of
this Agreement.
The City may review annually'the adequacy of the bond, surety
or letter of credit. The City reserves the right to at anytime
direct the amount of the bond or the letter of credit to be
increased to reflect inflation, changed conditions, or compliance
with this Agreement.
"The Operator",
Friedges ~~ndsca~U9L Inc
city of Farmington,
By:
M IL_ -
By~
,
It's Ma.yor
By:
It's "'-Clerk
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Merchants Bonding Company
2100 FLEUR DRIVE, DES MOINES,IOWA 50321-1158
LICENSE AND PERMIT BOND
BOND No. MN 21516
Know All Men By These Presents:
That we, Friedges Landscaping, Inc
of the City of Lakeville , State of Minnesota ,as Principal,
and the MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State of
Minnesota
, as Surety, are held and firmly bound unto the
City of Farmington, 325 Oak, Farmington, Minnesota 55024
, Obligee, in the penal
sum of Fifty Thousand and NollOO ($ $50,000.00 ) DOLLARS,
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made,
we bind ourselves and our legal representatives, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas, the said Principal has been licensed
to do Gravel Mining at the Wurdeman Pit per Gravel Pit Use Permit
by the said Obligee.
NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws
and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this
obligation to be void, otherwise to remain in full force and effect until
unless renewed by Continuation Certificate.
December 31st
2000
This bond may be terminated at any time by the Surety upon sending notice in writing, by certified mail, to the clerk
of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political
Subdivision named herein, and at the expiration of thirty-five (35) days from the mailing of said notice, this bond shall
ipso facto terminate and the surety shall thereupon be relieved from any liability for any acts or omissions of the
Principal subsequent to said date.
Dated this
2nd
day of
February
2000
Friedges Landscaping, Inc
~t'R'L
Principal
Principal
LP 0206 (12/95)
ING COMPANY (Mutual)
Attorney-In-Fact
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
/J1)/I/J4!SO"ttL
l24Rol;z,
On the 2nd day of February 2000 , before me personally
appeared, LAN i- ;; . A LL{..-J to me, who being duly sworn, did depose and
say: that s/he resides in that s/he is the rD.f.l,'(tl).~ 5~~.h ~ I~
ofthe Friedges Landscaping, Inc the corporation
described in and which executed the foregoing instrument; that s/he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corporation; and that s/he signed herlhis
name thereto by like order. , J.
(SEAL)!I ':'-:::::':;:::=M::--ij ~If.<.u. J/ .d~/.J~
Notary Public-Minnesota U
I My Comm. Expires Jan. 31. 2005
1...._.......-.-..-.-.-..""..,
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA
COUNTY OF RAMSEY
On the 2nd day of February 2000 before
me personally appeared, M. A. Jones to me known, who being
duly sworn, did say: that s/he resides in the City of St. Paul, MN that s/he is the aforesaid
officer or attorney in fact of Merchants Bonding Company (Mutual)
a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said
corporation; and that said instrument as signed and sealed on behalf of said corporation by
the aforesaid officer, by authority of its board of directors; and the aforesaid officer
acknowledged said instrument to be the free act eed of said co oration.
)
(SEAL)
AoUA"AAAAA~"'''''
:tu~~~.~SUSAN C CONVERSE
<Ii /1!t-jl' NOTARY PUBLIC .YINNESOTA
~ RAMSEY COUNTY
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Merchants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
Know All Persons By These Presents. that the MERCHANTS BONDING COMPANY (MUTUAL). a corporation duly organized under the
laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk. State of Iowa, hath made, constituted
and appointed, and does by these presents make. constitute and appoint
Litton E. S. Field, Jr., K. A. Jones, F. E. Launstein
of St. Paul and State 01 Minnesota its true and lawful Attorney-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign. execute, acknowledge and deliver in its behalf as surety any and all
bonds, undertakings. recognizances or other wrillen obligations in the nature thereof. subject to the limitation that any such instrument shall
not exceed the amount of:
FIVE KILLION ($5,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney-In-Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE II, SECTION 8. - The Chairman of the Board or Prasident or any Vice President or Secretary shall have power and author-
ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE II. SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
in Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these--1!!'esents to be signed I2Y its President and its
corporate seal to be hereto affixed,this 3RD day 01 NOVEMBER ,1999 .
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MERCHANTS BONDING COMPANY (MUTUAL)
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STATE OF IOWA
COUNTY OF POLK ss
On this 3RD day of NOVEMBER. . 1999 . before me appeared larryTaylor. to me
parsonally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the
corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hend and affixed my Official Seal at the City of Des Moines. Iowa. the day and year first
above written.
STATE OF IOWA
COUNTY OF POLK 85.
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Notary Public, Polk County. Iowa
MSC 0814 (2198)
I. William Warner. Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still
in force and effect.
In Witness Whereof. I have hereunto set my hand and affixed the Seal of the Company on
this 2nd day of February 2000 .. . 0 000
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PAGE: 002-003
OA TE (MM,{lD/VVl
01/17/2000
, "
OOUCER. (651)227-8405
,c. Field & Company
o North Robert Street
o 'I( 64016
.1, MN 55164
In: Carole Matson Ext: n
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Friedges Landscaping Inc.
9380 202nd St.
Lakeville, MN 55044
THIS C IC SSUED A
ONLY AND CONFERS NO RIGHTS UPON THE CERTlACATE
HOLDER. THIS CERTlACATE DOES NOT AMEND, EXTEND OR
,1\LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
'Reg'e'nt""I"n'sii r~in.c-e....tonl'jj"ii'ny.... ..... .. ........m............................................
O)MI-.^NY
A
'Y.MF'ANY
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lHlS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW I' WE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR cor..nj n"N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAYPERTAIN.lHEINSURANCEAFt={~n!'ED B',' THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN W y I"WE B"=EN REllJCED BY PAID CLAIMS,
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l..~~ERAL UABIUTY I ; (iENERAL AGGREGATE ! $ 1,000,000
X I ,~MERaAL GENEr'~:A~UTY ~ . j.p~~)r;;:~:r.~:~.0~p.~:.~??:l~:::::::::::::I;.:92Q.:;.:QQQ:
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1 OWNER'S 8. CONTRACTOR'S PROT ; EACH OCCURRENCE j $ 500 , 000
[",(I $500 PO Oed. Prop. !.r,R['DMiAGE..iA;~~.~fi~~;"h...."...............io6.:..o00'
. 1"..'....1"."....:"............."...".........""...""".""..",,.,," I _____ ,', r~I:;E~;;;'~'~'~;~~)"'..j"$""".......................S..;..OOO'
l,l.':~OMOBILE UAIllUTY I, COMBINED SINGLE UMIT 1 $
I X! mYAIJTO j ! . 500,000
t":"'1 ALL OWNED AUTOS I ; f)~;~~'I~~'~~""".."'''''.....;.::!''~......".."........................"..........
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t 'IREDAUTOS I Il~(l(lILYINJURY ~ $
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r....' ~ ~ ' .".................."........"...."...........'t....................-...-..-.....................
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! GARAGE UAIllLITY ! i AUT') ONLY - EA ACCIDENT
i...n...~ ~ ..........................................."............
L.....! mY AUTO ~ i ('THER THAN AUTO ONLY:
! j j ;.."'.."......""EACH'A~;~DENT! $
t........~ .."........"'..."........,....,,,,,,,,,,,,,,,,.....,,,,.......,,..,, 1 ..".. ."..,""""".,',...,""",..,"'''''''"..,.\..""............."......................""..",,
I I ! "._.._. AGGREGATE j $
l..e.~CESS UABILITY 1 1 EACH OcaJRRENCE ! $ 4, 000 , 000
t"~"1 ~~:~H::::REUJ\ FORM fCI 0261834 ._,_ --.-:._ /01/1999 02/01/ 2000 1;~tR:t~~:::::~:~:~~~:::::T~:::::::::::::~~~:QQQ.:;.:QQ~:
I WORKERScor.t>ENSATlONAND ! ; X ! T~YU"llTS IllER
I ~;;;~~:: L~] INQ fwc0261834 ..0.'/01/1999 02/01/2000 1:~,tt~~,~~~~~~~I~,I.;.~,J.:t::.::~::~:.:::~1.~.:::'~~:
tCfFICERSARE: i i EXQ j ____ .....L.... . i EL DISEASE - EA EMPLOYEE! $ 100,000
k~~actors Equipment I $300,000 Max/Item;S250,OOO
r S4,099,676 Bl anket kCI0261834 0: 101/1999 02/01/2000 Leased or Rented Max/Item
! j
'. I
!! $1,000 Deductible, ACV
SCRIPTION OF OPERATlONSlLOCATlONSNEHIt\.ES/SPEOAL ITEMS
lject: Lew Wurdeman Pit, 5827 W 210th St, ~~:lJ'!';ng::on, MN; excavation, grading & mining extractions
Ii'
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.i'
City of Farmington
325 Oak St.
Farmington, MN 55024
'. , '~^NcE , ,:~"fI
~.~~,~; ;'\
SHOULD ANY OF THE ABOVE DESCRIBED POLIOES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
_~ DAYS WRITTEN NOTICE TO THE CERTIACATE HOLOER NAMED TO THE LEFT,
BlIT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATlON OR UABIUTY
()F ,\NY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
; .\' ITHORIZED REPRESENTATlVE.-,
-~'.'
. '.--.
. ~:..
:~N~
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cl.farmington.mn.us
January 17, 2000
Mr. Lew Wurdeman
5827 W. 210lh Street
Fannington, MN 55024
Dear Mr. Wurdeman,
The Excavation, Grading and Mineral Extraction Permit for your property is now
expired. The application deadline of December 17, 1999, was not met as required in the
City's previous correspondence to you.
If you would like to apply for a new permit, please see the enclosed information sheet for
instructions on how to proceed. If you are not applying for a new permit, the property
must be inspected and officially closed.
Please contact me at 651-463-1601 if you have any questions or would like to begin
officially closing the Mineral Extraction Permit for your property.
Sincerely,
';iP1~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
LMM/ll
cc: file
~aren Finstuen
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
'1b
TO:
~ayor, C~uncil Me2J>~rs,
CIty Admmstrator 71V
Lee Smick, AIep 012
Planning Coordinator
FROM:
SUBJECT:
Consider Conditional Use Permit - Excavation, Grading and Mineral Extraction
Permit - Helen M. Huber Estate
DATE:
March 6, 2000
INTRODUCTION
Friedges Landscaping, Inc. has submitted an Excavation, Grading and Mineral Extraction
application for continued mineral extraction of the Helen M. Huber property at 21 oth Street and
Fairgreen Avenue.
DISCUSSION
Friedges, Inc. proposes to extract fill (sand), back haul topsoil for future restoration, stockpile
concrete from projects for future crushing, and extract an existing crushed concrete stockpile
from previous crushing activities.
Reasons for a Conditional Use Permit for Reinstatement of the Huber Mining Operations
There are three reasons for requiring a reinstatement of the Conditional Use Permit for the Huber
pit. They include the following:
1. The City received the renewable annual permit for the Huber mining pit on January 19,
2000. As noted in the ordinance, the annual permits are renewed yearly and mining
operations are approved to begin at the start of the calendar year.
2. In November of 1999, Mr. John Tschohl who owns property directly to the west ofthe Huber
property requested that the City review the Huber site for code violations for the storage of
junk vehicles and miscellaneous junk on the property. Additionally, he requested the City
review the violation of a temporary concrete recycling permit that required the concrete to be
removed by October 25, 1996.
3. City staff inspected the mining pit in November of 1999 and found that concrete from the
CSAH 50 project continues to be stored on the site. Additionally, rubbish was located in the
southern pit area, which needs to be removed regularly as stated in Section 3-22-14 (B) of
the City Code.
Temporary Concrete Recycling Permit
On February 14, 1996, the Director of Public Works/City Engineer presented a staff memo to the
City Council stating that the renewable annual permit for that year was for the storage of
concrete materials from the CSAH 50 project. The requirements of the permit stated that the
storage of the materials would be allowed between May 15 and October 25, 1996
At this time, some concrete remains on the site, therefore the mining operation is in violation of
the City Code and requires a Conditional Use Permit for the reinstatement of the renewable
annual permit.
Background of the Huber Mining Pit
The Huber mining pit has been in operation since the City Council approved the first application
on June 8, 1994. Annual renewals for mining of the Huber property have been approved since
December of 1994.
Code Violations concerning Junk Vehicles and Miscellaneous Junk
Separate from the Excavation, Grading and Mineral Extraction application permit, the City has
determined that there are a number of code violations on the property. As shown by the attached
pictures, junk vehicles, abandoned fishing houses and other miscellaneous junk are deposited on
the Huber property. Section 3-3-3 states that the abandonment of vehicles in any place within
the City is prohibited.
City staff has reviewed the requirements in Section 3-22-14 for the appearance and screening of
the excavation site and has determined that storage of inoperable equipment and rubbish is
required to be removed from the site regularly. Although most of the junk vehicles and
miscellaneous junk is not a part of the mining operation, it is directly adjacent to the excavation
site and reflects on the appearance of the property.
At the February 8, 2000 Planning Commission meeting, the Planning Commission recommended
approval ofthe mining permit contingent on the submittal of a schedule to clean up the property.
The City received a letter on February 29, 2000 from Curt Huber, representing the Huber
property (see attached) that states that the clean up will begin in the spring as weather permits
and will be completed by June 15,2000.
Additionally, the Planning Commission required Friedges, Inc. to map the location of the junk
vehicles, abandoned fishing houses and other miscellaneous junk deposited on the site for the
City's information. Friedges, Inc. completed this project on February 22,2000.
City staff recommends that the approval of the Excavation, Grading and Mineral Extraction
permit be contingent on the clean up of the items in the above-mentioned letter by June 15,2000.
Additionally, the Planning Commission recommended the hours of operation be Monday through
Friday from 7:00 AM to 5:00 PM and Saturday from 9:00 AM to 5:00 PM. This is consistent
with the hours of operation required since the mining pit opened in 1994.
The engineering division reviewed the permit application and has made comments on certain
requirements in the City Code (see attached).
ACTION REOUESTED
Approve the Conditional Use Permit for Excavation, Grading and Mineral Extraction
Permit for the Helen M. Huber Estate contingent on the completion of the clean up of the
items mentioned in the February 29, 2000 letter by June 15,2000, on the proposed hours
of operation and adherence to engineering requirements.
Respectfully submitted,
~~
Lee Smick, AICP
Planning Coordinator
cc: Curt Huber, 20655 Holiday Avenue Lakeville, MN 55044
Friedges, Inc. 9380 W. 202nd Street Lakeville, MN 55044
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT
Conditional Use Permit #
Applicant Name: Helen M. Huber Estate/Friedges, Inc.
1. PERMIT. Subject to the terms and conditions set forth herein, the City of Farmington
hereby grants a conditional use permit for the following:
Conditional Use Permit for Excavation, Grading and Mineral Extraction (Chapter 3 Section 22 of City
Code)
2. PROPERTY. The permit is for the following described property ("subject property") in
the City of Farmington, Dakota County, Minnesota:
The West Half of the Southwest Quarter of the Southeast Quarter and the Northwest Quarter of said
Southeast Quarter of Section 26, Township 114 North, Range 20 West, Dakota County, Minnesota.
3. CONDITIONS. The permit is issued subject to the following conditions:
i. issues identified in the Engineering Division review letter dated January 28, 2000
be addressed before a permit is issued;
Il. that the items mentioned in the February 29, 2000 letter be removed from the
property by June 15,2000;
Ill. the permit is not valid and grading cannot commence until the required surety is
posted and the applicant pays the appropriate fees;
IV. that hours of operation consist of Monday through Friday 7:00 AM to 5:00 PM
and Saturday 9:00 AM to 5:00 PM.
4. TERMINATION OF PERMIT. The City may revoke the permit following a public
hearing for violation of the terms of this permit.
5. LAPSE. If within one year of the issuance of this permit the allowed use has not been
completed or the use commenced, this permit shall lapse.
6. CRIMINAL PENALTY. Both the owner and any occupant of the subject property are
responsible for compliance with this conditional use permit. Violation of the terms of this conditional use
permit is a criminal misdemeanor.
Dated:
,2000
CITY OF FARMINGTON
BY:
Gerald Ristow, Mayor
(SEAL)
AND:
John F. Erar, City Administrator
STATE OF MINNESOTA
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of , 2000 by Gerald
Ristow, Mayor and by John F. Erar, City Administrator, of the City of Farmington, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority by the City Council.
Notary Public
Drafted by:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
2
February 29, 2000
Lee Smick, Planning Dept.
CITY OF FARMINGTON
325 Oak Street
Farmington, MN 55024
Re: Huber Mining - Extraction
Huber property cleanup
(roofing debris, vehicles, fish house, etc.)
Dear Lee:
We have come up with a schedule that we feel is workable to clean up
our property to meet City specifications. Items of concern are:
1. Roofing Debris - shingles, flat roof materials, rubber
membrane. These will be taken to a qualified landfill.
2. Vehicles - old cars, pick-ups. These will be taken to
an automotive recycling center.
3. Fish Houses and Old Structures. Unusable will be
burned or removed from site. Usable fish houses
will stay on site.
4. Farm Machinery - usable machinery will be left on site,
unusable will be removed.
5. All other debris or unsuitable materials will be disposed of
properly.
This cleanup will begin in spring as weather permits and will. be completed
by June 15,2000.
If you have any questions, please contact me or Todd Brennan ofFriedges, Inc.
Thank you.
sincer;1' LlJ J /
UIP ~A
Curt Huber
Representing Huber Property
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cl.farmineton.mn.us
TO: Lee Mann, Director of Public Works/City Engineer
FROM: Dave Sanocki, City of Farmington Engineering Division
SUBJECT: Huber (Excavation, Grading and Mineral Extraction Application)
DATE: January 28, 2000
I have reviewed the above referenced excavation, grading and mineral extraction application and
forward the following comments:
I. The name of applicant on previous permits submitted has been the property owner. Friedges
Landscaping, Inc. has been listed as the applicant for this permit.
2. The name and address of the landowner should be corrected to reflect the current owner(s) of
the property.
3. The bond submitted with the application expires on April I. 2000. A bond covering the
duration of the permit should be requested.
4. There are bags of garbage on the site that must be removed. The permit application should
include a date when this will be completed.
5. All concrete material and debris must be removed from this site. The permit application
should include a date when this will be completed.
6. Previously disturbed areas have not been reestablished with topsoil. seed and mulch. All
areas not proposed to be disturbed through this permit should be established with topsoil,
seed and mulch.
If you have any questions regarding these comments, feel free to discuss them with me.
sincerelY!YJ K.L/
Dave Sanocki
City of Farmington
cc: file
Lee Smick. Planning Division
SUBJECT PROPERTY
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[?[glO~(Q)@~~, INC.
9380 W. 202nd Street. Lakeville. MN 55044
Phone: (612) 469-2996 . Fax: (612) 469-1755
EXCAVATING AND LANDSCAPE CONTRACTORS
January 3, 2000
Lee Smick, Planning Dept.
CITY OF FARMINGTON
325 Oak Street
Farmington, MN 55024
Re: Huber (Mining Property)
Dear Lee:
Weare submitting this letter in addition to our application to renew
the mining permit on the above property.
The activity of the pit is as follows:
- Extract fill (sand)
- Back haul topsoil for future restoration
- Stockpile concrete from projects for future crushing
- Extract existing crushed concrete stockpile from previous crushing
The area (see attached plan) that we would be extracting from does not include
the southwest corner of the property. The area in question definitely has debris
that needs to be cleaned up and removed from the property.
Friedges will only perform work per plan as submitted.
Please call if there are any questions.
Thank you.
Sincerely,
4
Todd Brennan
TB: lrw
,.
CITY OF FAAAIINGTON
~.
EXCAVATION, GRADING AND MINE
EXTRACTION APPLICA nON
D~e December 1~ 1999
Type
No.
't'lame of Applicant
Friedaes Landscaoina. Inc.
Phone 4~2-~996
Address
9380 202nd street W
Lakeville, MN 55044
Location of Operation
?10rh ~rrp.et W - Fairgreen Ave
Farmington, MN 55024
Name and Address olLand Owner Helen M H'1ber
?4HiO TQi'llii'l Am:. T.~k"""illp.r MN 55044
Dimensions of area in which work will take place
See Attached Blueprints
Maximum depth of excavation
~o feet
~a."{.imum height offill
-0-
Change in site elevations Hi 11 it: Estimated quantity to be moved: In 5 , 000
Yds Out 15, OOOYd~
Date operation will stan 1 / 1 /2000
Date operation will end 1 2 / 31 /2000
Normal days of operation
~ondilY th.ru Sat'lrday
Hours 7: 00 ,1111 to 5.00 pm
Does applicant plan to:
1. Fence the operation ? will not need
3. Postwarniagsigns? ves
4. Arrange for proper drainage? ves
S. Arrange for noise suppression? wi 11 not need
6. Observe a buft'erfrolQ boundary lines?: y""!':: _ 1 t; rn 10 fppr
7. Repair streets damaged froOl operation?' Qlade road, add rock if needed
8. Furnish before and aftertopos? yes .
9. Furnish a-bond to the City?" yes
10. Fdrnish a CertificateofInsura.nce? ves
Fee: Based on schedule of fees under Resolution R S
through
D~cember 1. 1999
Date
Si
./
Application (approved, denied) by the City Council this
19_"
day of
Date
City Clerk
Dear applicant,
Your original permit was approved with a specific condition outlined in a memo by the City
Engineer at the time it was granted.
"The cf>>r1,ractor shall provide the City with monthly reports tllat identifY the quan-
tity of 1nJZterlals removed and/or placed in the excavation. "
Please complete this form and return it with your renewal application. This is a necessary
condition before a renewal can be granted.
Amount of Material
-0-
Removed Replaced
(cheek) (check)
x
x
x
x
x
x
x
x
x
x
x
x
Monthly Total
(indicate month)
238 yds
476 vds
1r114 y:ds
9,684 yds
2,921 vds
28.925 vds
120 vds
8.216 yds
30 vds
-0-
,T~nll-"'ry 1 qq9
Fp.hrll-"'ry 1qqq
March 1999
Aoril 1999
Mav 1999
June 1999
Julv 1999
August 1999
Sentember 1999
Octohp.r 1999
t\Jn"T~mh'::'T 1 QQQ
-0-
December 1999
Permit Operate~/Company
Location of MininglGradine:
Date 1 /1/00
Please return with your renewal application, fee and surety agreement by
Thank you.
City of Farmington
325 Oak Street
Farmington, MN 55024
H
.+ J, -- .".
SURETY AGREEMENT" ~QR MINIJtG EXTRACTION PLAN
.
AGlUJBHBN'.t' dated this ...lJit.. da.y of December , 1 999 by and
between the City of Farmington, a Minnesota municipal corporation
(City) and w Friedqes Landscaoina. Inc. (The Operator) .
~REAS, the City has approved the Operator's plans
and specifications for said mining and/or exca.vation subject to the
conditions setforth below.
NOW ~REFORE, in consideration of the above and other good
and valuable consideration, the Parties hereby agree as follows:
The Op~rator agrees to ~onstruct such required improvements
according to the provisions of the plans and specifications
attached as Exhibit "All and inC!ox:pora.ted herein by reference. The
Operator agrees tc dedicate such property or easements as
designated in Exhibit "Bn attached and incorporated herein by
reference. The Operator, further agrees to comply with s11. such
additional conditi~ns, as may have been, established by the City in
Exhibit "en, which is attached and incorporated herein by
reference.
To guarantee completion and compliance with the terms of this
Agreement the Operator shall furnish the City with a cash escrow or
irrevocable letter of credit from a bank for $ ~/A This
Agreement and surety is provided to gua.rantee completion and
compliance with the terms set out in this Agreement within the time
period established by the Planning commission. Both the bank and
the form of the letter of credit shall be subject to the approval
of the City AOministrator. The security shall be for a period
c.
..
ending
December 31, 2000
If the required improvements are
not. completed, or the terms of the Agreement are not fully
satisfied, at least thirty (30) days prior to the expiration of a
letter of credit, the City in its' sole disc~etion may draw down
the security, without any prior notice, and for any violation of
t.his Agreement.
The City may review annually. the adequacy of the bond, surety
or letter of credit. The City reserves the right to at anytime
direct the amount of the bond or the letter of credit to be
increased to reflect inflation, changed conditions, or compliance
with this Agreement.
"The operato:r:",
Fri~gges~~90n~~pinq, Inc
city of Farmington,
By:
/~d.uL--
By: I
,
It's Mayor
By:
""It's '1rclerk
~.;.
Merchants Bonding Company
2100 FLEUR DRIVE, DES MOINES,IOWA 50321.1158
LICENSE AND PERMIT BOND
BOND No. MN 21517
Know All Men By These Presents:
That we, Friedges Landscaping, Inc
of the City of Lakeville , State of Minnesota ,as Principal,
and the MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State of
Minnesota
, as Surety, are held and firmly bound unto the
City of Fannington, 325 Oak, Fannin~on, Minnesota 55024
, Obligee, in the penal
sum of Fifty Thousand and Nonoo ($ 50,000.00 ) DOLLARS,
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made,
we bind ourselves and our legal representatives, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas, the said Principal has been licensed
to do Gravel Mining at the Huber Pit per Gravel Pit Use Pennit
by the said Obligee.
NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws
and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this
obligation to be void, otherwise to remain in full force and effect until
unless renewed by Continuation Certificate.
December 31 st
2000
This bond may be terminated at any time by the Surety upon sending notice in writing, by certified mail, to the clerk
of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political
Subdivision named herein, and at the expiration of thirty-five (35) days from the mailing of said notice, this bond shall
ipso facto terminate and the surety shall thereupon be relieved from any liability for any acts or omissions of the
Principal subsequent to said date.
Dated this
2nd
day of
February
2000
Friedges Landscaping, Inc
,L,/I~
Principal
Principal
LP 0206 (12/95)
Attorney-In-Fact
STATE OF
COUNTY OF
CORPORATE ACKNOWLEDGMENT
m;/l/l~501tL,
~/A:..
On the 2nd day of February 2000 , before me personally
appeared , L .A~ L .4 _ ;;. \..tf,J to me, who being duly sworn, did depose and
say: that s/he resides in that s/he is thea--Pt'" ~I-"" Sfrlt..)~
of the Friedges Landscaping,Inc the corporaf n
described in and which executed the foregoing instrument; that s/he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corporation; and that s/he signed her/his
name thereto by like order.
S.--.-.-..--------..
(SEAL) I e... BARBARA JEAN WILLIAMSON . ~
I Ii! Notary Public-Minnesota ry Pu IC
My Comm. Expires Jan. 31, 2005
1.....-.-.-.-..-.-.---.
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA
COUNTY OF RAMSEY
On the 2nd day of February , 2000 before
me personally appeared, M. A. Jones to me known, who being
duly sworn, did say: that slhe resides in the City of St. Paul, MN that slhe is the aforesaid
officer or attorney in fact of Merchants Bonding Company (Mutual)
a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said
corporation; and that said instrument as signed and sealed on behalf of said corporation by
the aforesaid officer, by authority of its board of directors; and the aforesaid officer
acknowledged said instrument to be the free .C~ deed of said corpo~
(SEAL) ":,. ~O<." (> ~.1
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~ ~..!!1i NOTAR.Y Pt;~:' ;':;:!fi,INNESOTA
3 ~D Rf\t,.;~; ':' , "I.'NTY
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)t""""'.""n'Cl'"~"'~'~"1t'\5';N ,,'f. '9'!':tW)(
Merchants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the
laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted
and appointed, and does by these presents make. constitute and appoint
Litton E. S. Field, Jr., K. A. Jones, F. E. Launstein
of St. Paul and State of Minnesota its true and lawful Attorney-in-Fact. with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all
bonds, undertakings, recognizances or other written obligations in the nature thereof. subject to the limitation that any such instrument shall
not exceed the amount of:
FIVE KILLION ($5,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAl) thereby as fully and to the seme extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and an such acts of said Attorney-in-Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws
adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE II, SECTION B. - The Chairman of the Board or President or any Vice President or Secretary shall have power and author-
ity to appoint Attorneys-in-Fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTiCLE II, SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAl) has caused these1esents to be signed bY its President and its
corporate seal to be hereto affixed, this 3RD day of NOVEMBHR. . 1999 .
STATE OF IOWA
COUNTY OF POLK 55.
.......
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MERCHANTS BONDING COMPANY (MUTUAL)
~ ht 7;L-
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On this 3RD day of NOVEMBER. . 1999 ,before me appeared Larry Taylor, to me
personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL). the
corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the seid instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my OffIcial Seal at the City of Des Moines, Iowa. the day and year first
above written.
STATE OF iOWA
COUNTY OF POLK 55
........
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Notary Public, Polk County. Iowa
MSC 0814 (2198)
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that lhe above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY. executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still
in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on
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TO:
ACOR
IOOUCER (651)227-8405 FAX (651)227-0507
C. Field & Company
:0 Nnrth Robert Street
o ( 64016
1, MN 55164
tn: Carole Matson Ext:
3UREij'...........:.........................................................:............................................................................ .
Frledges landscaplng Inc.
9380 202nd St.
lakeville, MN 55044
.-,
651-227-1196 T C Fie PAGE: 003-003
DATE (MtM)DrNl
.,., 01/17/2000
I-~IHIS R C S IssUED AS
I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
j HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
l ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
-:'MPAIN . "Regerif"Insll r <tIlC e'Company .................................................
A
,.'-.I~,IF.^NY
B
I :'l)MF'ANY
C
r.:t IMPANY
D
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. ~~.~. .~, ~" ':-:'::~-" '~, ~ '.;".....:-,.~.'...-~\~, _ ....>K..,E.
lHlS IS TO CERTIFYlHAT lHE POLICIES OF INSURANCE LISTED BEl. ",. HAVE f'~B'J ISSUED TO lHE INSURED NAMED ABOVE FOR lHE POLICY PERIOD
INDICATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OR cor" '''w".j OF .\NY CONTRACT OR OlHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, lHE INSURANCE M;C'H['ED S' TIlE POUCIES DESCRIBED HEREIN IS SUBJECTTO ALL lHETERMS,
EXCLUSIONS AND CONDrnONS OF SUCH POLICIES. LIMITS SHOWN '.1'" i! WE E":EN REOOCED BY PAID CLAIMS.
'..l...:...............................................................................r...................................:.....................................
>.'l'.i .:tYPE OF INSURANCe ! POUCYNUMBER
~ i i
I GENERAL UABIUTY i
;. t",Ci c:nAMEROAL GENERAL UABIUTY i
........! ~MS MADE r>(l OCCUR I
.....- ........... ;CCI0261834
L... OWNER'S & CONTRACTOR'S PROT !
i X $500 PO Oed. Prop. i
r.... ......................................................................i
I AUTaAOBILE UABlUTY I
L~::I Am AUTO I
! ! ALL OWNED AUTOS !
r......l SOlEDULED AUTOS I
t..;. . jCBA0261834
~. "lED AUTOS I
. )N.QWNED AUTOS l
j... I
~.....j.....................................................................l
1 I I
; . !
I GARAGE UABlUTY ,
1.......1 Am AUTO i
t........j 1
,.........,.......................................................................,
lEXCESSUABlL1TY 1
f......., !
~..~..ll UMBRELLA FORM jCCI0261834
1 OTHER THAN UMBREUAFORM i
. i '~Of!KEFis COM'ENSATlON AND !
. 1 EMPLOYERS' UABIUTY I
.j THEP8OPAlETOFV no INo. Fwc0261834
. j PARTNERS/EXECUTIVE !........~ !
. 1 OFFICERS ARE: I 1 EXo.,
1 ornER !
;Contractors Equipment!
i- $4,099,676 Blanket CCI0261834
I 1
I I
'SCRIPTION OF OPERATlONS/LOCATlONS/VEHIa.Es/spEClAL rrEMS
oject: Huber Pit, 210th St & Fairgreen Ave.
-"..
~~~... .
ll\~ . ..;~e..:
'ty of Farmington
Attn: Tom - City Engineer
325 Oak St.
Farmington, MN 55024
~-~:.,
'pC JCY EFFEcnvE i POUCY EXPIRATION 1
Oi,TF. (MM,OD!Y'O j DATE (MtM)D/YY)
UMITS
.
0./01/1999
; GENERAL AGGREGATE ! $ 1,000,000
~. ........ _... ...............................n.............n.~......._........n...__.........................
; PR(>[llICTS. Ct'lMP/OP AGG I $ 1, 000 , 000
. '..............'.............................................t....................................................
1 PEnSONAL &ADV INJURY l $ 500,000
02/01/ 2000 ,............................................................~........... -.............
i EAOi OCCURRENCE i $ 500 , 000
[.i;~~.~~~~~~:i~~.;~:~;~>.::::]::~::::::::::::::::::~:!QQ:;:Q:Q:Q:
; MED EXP (Any ooe P""&:t1) I $ 5 , 000
02/01/1999
~ t
! CC'MBINED SINGLE UMIT ! $
~ i 500,000
~-............................................................t.....................................................
I flOOlI.YINJURY ! $
! (per p'3l'sco) 1
02/01/2000 1.....................................................1-...................................................
i BCOILY.INJURY 1$
i (P~r a';Clcl3nt) i
~..... ."..."... ....... ........ ...................... ....... .l!-........"...........,.....-.-................,....
, i
; prKffRTY DAMAGE ! $
I
j AUTO ONLY - EA AOODENT
., OTHEn THAN AUTO ONLY:
,.,.. ......................................
0"/01/1999
EAOl ACCIDENT, $
.... ... .... ............................................i.....................................................
AOOREGATEI $
LEi\CI-l.~)~'.~~<::l::................l..~..............~..!..Q~.,..9..Qg.
02/01/ 2000 1.;:ii{~~d..T~fml.f....+:..............~.!.9.QQ..!.QQri.
, ,
i X h~YUMlTS l ll~R'
~.......,l'............................3.....h..:............
1 EL EAOi AOODENT' i $ 100 , 000
02/01/2000 l............................................................~..................-....-........................
! ELDlSEASE-POUCYLlMIT ! $ 500,000
i..~~.~;i~;;~~.~.~.;.~~~~~~~~t.$.............-'1(j()':.OOO
. $300,000 Max/Item;S2S0.000
, . ,i
~ <\~~~~ , ~"\~
~~" ";:;:::.).':-i~ ,
O. /!1I./1999
..
0,'/01/1999
02/01/2000 I
Leased or Rented Max/Item
$1,000 Deductible, ACV
f' "mili("Jton, MN; excavation, rading & mining extractions
CA~~:},,~\:.t~ ':,::;~~~.t.~ ~~ ~ ~~l~~
SII()ULD ANY OF THE ABOVE DESCRIBED POUClESBE CANCELLED BEFORE '!ME
EXPIRATION DATE '!MEREOF, '!ME ISSUING COMPANY WILL ENDEAVOR TO MAIL
3 ~ DAYS WRITTEN NOTlCE TO THE CERTIACATE HOLDER NAMED TOTHE LEFT,
mlT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATlON Of! UABIUTY
OF fitlY KIND UPON '!ME COMPANY, ITS AGENTS OR REPRESENTATIVES.
"".ITH,)RIZED REPRESENTATIVE
; :
; ,
I M......C t:Jl
-
I JASPERS
MORIARTY &
W ALBURG. P.A.
::=;;;,.
ATTORNEYS & COUNSELLORS AT LAW
JEROME JASPERS 11916-199A)
DENNIS PATRJCJ< MORIARTY
STEPHEN W. W ALBURG
LEE VlCJ<ERMAN
ANNE HEIMKES TUTI1.E
MICHELLE L, HE1MKBS
December 21. 1999
Fax Transmittal
(651) 463-2591
City of Farmington
Attention: City Administrator
325 Oak Street
Farmington, Minnesota 55024
RE: Estate of Helell Huber
Dakota County Probate Pile No.: P8-99-7896
Dear City Administrator, Mayor and Council Members:
This office represents the Estate of Helen W. Huber. Ms. Huber past away on April 7. 1999. Her
estate is going through probate in Dakota County~ The assets in this estate include the real
property that is legally described as the West One-Half of the Southeast Quarter of Section 26,
Township 114. Range 20. Dakota County. Minnesota. This real property is an old farm site
containing approximately sixty acres that is currently zoned as Agricultural and General Flood
, Plain.
The above property has also been mined by Friedges Landscaping pursuant to a mining extraction
permit issued by the city ofFannington in 1994) and subsequently renewed since that time. There
is currently pending before the City a request to renew the pennit for the 01-01-2000 to 12-31-
2000 period.
As I stated above, the subject real property is a. part of the Helen Huber Estate. There are no
plans pending to sell the property. The heirs have expressed their desire to have the Estate of
Helen' Huber distribute tbe property to them at the time it is closed. At this time the anticipated
closing date for the estate is November of the year 2000. That closing date is contingent on the
estate receiving the Federal BstatCl Tu Cl~sing Letter from the Internal Revenqe Service.
206 SCOTI' STREET. SHAKOPEE, MINNESOTA 55379
TELEPHONE (612) 445-2817/ FAX (612) 44S..Q812
E-MAIL: dmoriil1).@jmwlaw.comlvickennan@jmwhlw.commheimkes@jmwlllw.com
swalburg@jmwlaw.com lllUltle@jmwlaw.com
!
City ofFannington
December 21, 1999
Page two
The heirs of the estate have discussed cleaning up the farm, and removing the collection of old
equipment and structures that Ms. Huber's husband, Royal Huber, kept on the farm. Mr. Huber
predeceased Ms. Huber. The estate and the heirs believe that the clean up will be completed by
the spring of2oo0. .
Please feci free to contact me, if there are any questions regarding the estate.
Very truly yours,
Ej~::&WALBURG.PA
Lee Vickerman
Attorney at Law
LV:rw
Cc: Curtis Huber
!"
I,
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/O~
TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
200 I Budget - Council Fiscal Goals
DATE:
March 6, 2000
INTRODUCTION
At the beginning of each fiscal year, Council reviews and adopts budget goals that will be used by staff to
develop a balanced budget document for the following fiscal year.
DISCUSSION
The City's budgeting process and accounting format was developed in 1996 to enhance the City's underlying
financial reporting capabilities and budgetary control systems. A brief review of the budgeting process is
described below.
. Primary department activities and functions are accounted for and budgeted within separate cost centers.
Accordingly, all costs such as personnel, charges and services, supplies, and capital outlay associated
with a primary department service activity are budgeted within a specific "Cost Center". This allows for
greater reporting detail; a better understanding of what the activity actually does; the ability to perform
costlbenefit analyses; and allows for independent review of what a specific city function or activity
actually costs the City to operate.
. The budgeting process actively includes department heads, line supervisors and activity managers in
developing and preparing their specific budget requests. Accordingly, this also means greater
participation by involved supervisory staff, enhanced understanding of budget requests and direct
accountability in fiscal expenditures by City departments. Moreover, this process empowers employees
in the budgeting process, allows staff to share their insights into how work processes can be performed
more efficiently and cost effectively, and holds staff accountable for budgetary expenditures and
meeting work activity goals.
. The level of analysis and budget detail in this budgeting system is based on specific department
activities using workloads and performance measures as key indicators of what is accomplished
throughout the calendar year.
. The administrator and department heads review budget requests using a "management team" process.
Supervisors and activity managers designated by their department head present their individual budget
requests to the management team for review. At this stage, all department requests are considered,
reviewed, and prioritized by the management team to achieve a balanced budget document for
presentation to Council.
. Finally, the Council will be presented with a proposed, balanced budget document. This proposed,
balanced budget will be submitted to Council for review, modification and adoption.
Mayor and Councilmembers
2000 Budget Financial Goals
Page 2
This budget process has provided the City with a more sophisticated, meaningful and accountable financial
document. The Government Finance Officers Association (GFOA) national budget award recognizing
excellence in fiscal reporting recently underscored the success this budgeting approach has had on
effectively managing City finances.
Proposed 2001 Budget Financial Goals
The following guidelines are proposed for Council consideration and adoption. These guidelines will
establish the budgetary framework that this office will observe in developing the 200 I Budget.
I) A commitment to maintain the local tax capacity rate at the same level as in the previous fiscal year,
while providing for the cost-effective delivery of public services to a rapidly growing residential
population.
2) A fiscal goal that works toward establishing the General Fund balance for working capital at no less than
25% of planned 2001 General Fund expenditures.
3) A commitment to maintain the 2001 debt levy at no more than 25% of the total levy.
4) A comprehensive review ofthe condition of capital equipment to ensure that the most cost-effective
replacement schedule is followed.
5) A team approach that encourages strategic planning to meet immediate and long-term operational,
infrastructure and facility needs.
6) A management philosophy that actively supports the implementation of Council policies and goals, and
recognizes the need to be responsive to changing community conditions/concerns.
ACTION REOUESTED
Council adoption of 2001 Fiscal Goals as presented.
RespectfuJL~
tJ&_
~~ rdministrator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
106
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: 2000 Streetscaping Project - Schedule Council Workshop
DATE: March 6, 2000
INTRODUCTION
The Public Works Department, Engineering Division received bids on February 17, 2000 for the
Streetscaping Project.
DISCUSSION
Staff is in the process of reviewing and analyzing project bid information. Given the complexity
of this project, and the fact that a number of original design assumptions for this project have
changed since the feasibility study, the need to schedule a Council workshop to review the low
project bid is recommended.
ACTION REOUESTED
In light of the need to advance this project for bid award by March 20, 2000, Council may wish
to consider scheduling a workshop on Tuesday, March 14, 2000.
bmitted,
hn F. Erar
ity Administrator
file