HomeMy WebLinkAbout12.20.99 Council Packet
COUNCIL MEETING
REGULAR
December 20, 1999
6:30 P.M. CHAMBER/COUNCIL BUSINESS MEETING
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS
a) Recognizing Farmington as a Dakota County Territorial Community
6. CITIZEN COMMENTS (Open for Audience Comments)
a) Mr. John Tschohl- Land Use Concerns
b) Seasonal Parking Restrictions - Citizen Concerns
c) Mr. Ed Stober - Street Name Change Concerns
7. CONSENT AGENDA
a) Approve Council Minutes (12/6/99) (Regular)
b) Adopt Resolution - Historic Preservation Consultant Services
c) Adopt Resolution - Accept Township Donations - Senior Center Operations
d) Adopt Resolution - Approve COLA Non-Bargaining Unit
e) Adopt Ordinance - Amending Title II, Chapter 4, Parkland and Trail
Dedication Requirements
f) Approve LMCIT Excess Liability Coverage
g) Approve Lease Agreement - Nextel
h) Appointment Recommendation - Liquor Store Operations
i) Receive 1999 CIP Project Completion and Status Report
j) Capital Outlay - Fire Department
k) Approve Bills
8. PUBLIC HEARINGS
9. AWARDOFCONTRACT
1. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Request for Park and Ride - Farmington Sno-Tigers
b) Mr. Michael Haley - Property Use Concerns
Action Taken
11. UNFINISHED BUSINESS
a) Adopt Resolution - 2000 Budget and Property Tax Levy
b) County Road 31 Project - Property Owner Special Assessment Reduction
Request
c) Amend Ordinance - Title 9, Chapter I, Parking of Motor Vehic1es on City
Streets
12. NEW BUSINESS
a) Appointments to Boards and Commissions Process - Set Interview Date
b) Adopt Resolution - Establishing Charges and Fees for Licenses and Permits
c) Authorize Letter of Understanding - East Farmington PUD
d) Amend Ordinance - Chapter 10, Section 1-10-1, Salaries
13. COUNCIL ROUNDTABLE
a) Citizen Request - Private Driveway Usage Request
14. ADJOURN
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
SCL
TO:
Mayor, Councilmembers, City Administrato~
Karen Finstuen, Administrative Services Manager
FROM:
SUBJECT:
Recognizing Farmington as a Territorial Community
DATE:
December 20, 1999
INTRODUCTION
The Dakota County Sesquicentennial, celebrated in 1999, commemorates the 150th
Anniversary of the establishment of Dakota County Minnesota Territory on October 27,
1849. Farmington, which was founded in 1856 is being recognized as a Dakota County
Territorial Community. Bev Marben, a member of the Farmington Historical Society and
Chairperson of the Farmington Heritage Preservation Commission will present the award
on behalf of the Farmington Historical Society.
DISCUSSION
It is reported in the attached copy of a local publication from 1856, that "there is no
county of its size that has more first rate tillable land and none more thickly settled with
enterprisingfarmers". In 1856, Communities within the County are reported to be
Athens, (now renamed to Inver Grove Heights), Hastings, Mendota, Rose Mount (two
words), Farmington, Lakeville, Waterford, Poplar Grove (now Castle Rock Township)
and Lewiston (no longer exists).
In this publication, Farmington is described as "situated on the Vermillion River about
fifteen miles from Hastings. This place is rightly named for it looks like a village of
farms. Good soil, good water, good timber and intelligent citizens is their wealth. "
In another publication Farmington is described as "the finest village in the fairest county
of the North Star State ".
ACTION REQUESTED
Accept a plaque from the Farmington Historical Society to be displayed within City Hall.
Respectfully submitted,
~~~
Karen Finstuen
Administrative Services Manager
.J..u.........''",t.,..'i il~~d
llC) ::,UPlJ01U;U velJ. 0CVl.L, . \Vllr. VCtJ-T L (JIJ~ \ 'tS~ thus far been reef:
ley do not dony fLat thoy DAKOTA COUNTY. that this is nll tllt1
d<lorsed the {ugitil-e slal'e large subscriptle't<
, deny thut they selected There is no cdufity tJf iissize in tbe Ter- Judging tram;
,ampnign {or the Presi- ritoty that has mora first rate tillable land (8150) we hope t,
'1' under tile influence of than Dnkota, and none 'more thickly set- I~ss than 600 lu"
. slavery-they do not de- tied 'with intelligent and enrerprising {arm- the desire tLat
,.tted I;im {rom the Soutb ers. In tral-eling from Hastings, to Melt- 1000 Ius. wiight.
Southern "ote~, and that dota on the Nl1tional road; one is' stri1c~ by '(nn. liberal cc
! iI1 in opposi tion to a N ortb-, with the rapltt developetnimt of Its agn- "~ hat is now pled 0
! mek, although serpentine" cultural resoUifes. On eiWer sidli lite seen Could we de'
'acenble, its deviations fr~m good farm bou~ st.rbng aha durable flect credit npon ,
'" period iClll, and one WIth fences, and lllrge fields of wheat, corn, oats And w bo would ;
.,1\ the magnet tllllt "leads and, pc.tatoos, all reminding one (If ;he dious tolies of II ]
lrHJing way." 'l'hey turn prosperitr, HncI intrinsi~ ~'ealtp bf o~r ler- Wifi those wh,
.ad-they follow the}ead ritory. There #il ii illltbber of.'{owns'st~l- act prompily, as '
principle, and oLt~lh no ted in the interior, or pOlital datlons, around diatell' for the I
Clazy for spoil~, panting which are collecting s few mochanies to and ,;i11 be put
"',' they rtl~h tainly on in snpply tbe immediate wants of tbe neigh- befol!! ll'inter ~e'
The agitaliou th:y ere- boring fllrmm,-llllJong wbieh are ,A'tb~~B. ftom oui- shall}" g
, ,ewar<l.;.-Ihe lrelll.bhn~ ~f Thiepla"" is situate ondlh" .nsdO/lI/I ttiilll, poct to hear its ,
, be Union is III usia tt; tliell' abollt, half iVay bet#teil Ha"tmgs and Men- music, to worsh i I
' in the eledioli af petty dola' iil tbe midst ,of a beautiful and fertile itS home in a " It
IItold rejoiCing in their ~~u;try, well watered abd timbered. ':rhe cost of tll(
:;on is tbeir birtbright, tbe 'Rose Monnt is II new Post Office station leu at from 30 If
: heir mess of pottage and just starteil on the Mendota a,n~d B~~ ~iO!t3
shwe, tbe deceased appe- rottd, fourteen m'i}e4 rtom Ht4stHngp; d. . L.
; them to make .tbe_ e~- Turpin, P. M; (if tbe ptaj~~?il ~blch t~e
nrinciples are a~tI.Amen- station is situated too mucu canno,t be 8ald.
)' a species of sla\'ery more Froln o'ne . pOsition we discovMed -twenty.
nlt)rable than the sla\'cry one houses when six months'ago n'ot more
:ey den)' the will of the than tIVO or three could lie seen;
";1 \~ bef0re tbe people false- The s~ltI('I8 complninj and jlistIjr co'iil-
lI"j" III i ~l thei r, 11 n,w ar;an In. plain, tbs t tbe pre-e~ ptlb~ 1~ ,i- Rllo IVB so
." the dljTIculues ~n Kansas Illlmy persons to obtRIn laud arou~ tlie~,
ause, they Wlll secretly without cuhivnting and making rt their
'1i~l'ule nnd confusion thnt permanent home8. Many persons come
<ritil.'Rlly deplore the Llood- from our lat.ge towns nnd Ih'e on' il' qiliirter
) OJ" are accessories,.,. section long enough to obtain a'dl1filicate
'., ~r, "',-"".1
w:: -.
'WIIA~' A H
. \ ,
'YLat nro tbo i
ing that th~y do
Conn~ntion, fral)
nut! npply for ild!
The population (
least 120,000 sc
Senator DOl1grH~,
right to be ,henn 1
cUs or the Repll br:
'Ve Cfm t0H i:c.
, ,
\'TO arc attet~dinL:'
,-
the heM ~:1t' :;<,.
--rule tlnd confusion that '-' Q ells Oi We hepULHj(
permanent homes. Many persbns come \Ve can t0fI \-.Cl::
.;ticaliy deplore the Llood- I d I' , " .", t '
..' . from our 3..ge towns an }\'e on a quat er \V c are attel~d'ingt
" are accesSOrIes..' . 1 h t bt' d -I t
:i'l to brawl, sectIOn ong enoug '0 0 'ain a' up ica e tbe best way we
.f they set abronch, for tbe' land, and never return again, even ~lludRb}e m\bcrltic':':;
jlf~ greviou~ charge of others.' to visit the spot \V hich they pUl.chased "for are' not arrxio'tfs' :
111CanS they fire eInploying' thei,r' own use and benefit." u. .
mon Just no\v; ,il
'locratic nOlllinees. Their Far~liugton is sit~ate on the VermilJion the matter for the
:,'; to be selected for his rirer, about fifteen rpiles, from Hastings.
, .. ,.. licans to Congre5~,
no matter ,,'nether bls ThIS place IS rJO'btly named, 'for, It looks hI' P . 1 .
· ,. e . . pu lean reSJ( en 1
ud or baJ, be 'he" Jew hke a vllfaaae of farms. Good soIl, good rp.r t t' 1,
b ' .J. rlUune no 0 l(;:
can only uriit,e the dis- water, good timber Rnd mt~Jljgent citizen,s,.. d 'tt I tl ;._
,uen lTIJ el, 11,.:,
ii mnss, he is th'eirs tb' the IS theIr wealth '
- . -.. '. . . wouI'tl n'ot be so t;
~ i 1 after election. With Lakeville is situate on the Mendota and . \.. 'oj. to t
' . d' " . g:re Ile. YO 0
,1 themselves 111tO ISgUS- ~ Big Sioux foad, about tweuty-1h'e llllles l'
,} 1.:- k. ~ par ).
;lu nrrogate ~ 1e entIre re.: , from Hastings. It ta es lts nmu~ Ironl :one 'V .
.. h.." . e ~'lV AzalI1
~~er\'l ng mtact t e p..mcl- of ttreldreliest bodies of water 10 the \Vest.' b. " " ,
, own usmes:!, and
i our government was The'Lilko' fbhi.1S a~r near a circle 8S nature N Y k m 'b
" ' ew or .L rl w,
I ,. -'~ -generally (( g~'~ u~'," w,ilti It.. li~~d ,gr'a"e.1 tilo _ N ew'EngJa:i
! I (\ means accordwlthJhe ,beach throl1:ahout.-:-ttS,. ,w-boJe.clretlnlteren~.. '}'d d' t1. /
, . -0, ',' . .., , wou 0 LlC san:
set3k. They openly The town i! oth&rwrse J)}etm~dy t~ted. th' '. · I .~
<< ., . '., .... .' ' G lllggers U ont:,
v:::t orgft.mzmg t:he TerrI- They b. aveJ\ g' oO'd tUTert1.,' states aad me- t',,' 11 b
' f" WOU l e mol'
hall b~ repealed, ~ the chaoic's shop!., . ,..', alarmed about :Mil
n.11se restored. By so d<r.- Pop' lar Groye'is d. pdSial sta'tiQli; aIlbilt f' I' _ .: h' ,.," oJ.
,,. , Ileana ttro b01ug t
'\gitation. They. declare se\'enteen miles from Hastingtz, near the t'. -t1.(l.J th .
_;.) , . ... L. . b d es (lU t_ll e Sll!)
lone-tuat un lesssla\'erl' Ul'O" \V oods. There 1S tJm1J~t III t\ un - ", ." " .-
, .,. ,'::;' . race, we scorn to
n Its present lImIts, and ance and good farnllng land. f I d. I' t" .'
. f. 1 ' L. . J'~ J...'J. 0 n lau C }JetS \,
to a S~r1es 0 Jnsu 18 on W1l'terford and. eWlston arc sltllatevu h. h "1
, . . ' .. , "..1' over us, \V IC lV J II
;.tltutlOll whICh we once the Cannon rIver and boast, of 8S 'goou at." t.... h'rJ.f.
h ' '. h. bo ooracym ua s ".,
\rith them, and whic countryasanroftheiWlelg na. . tn 'A~N'tr' ,. ,
. " ,-,. . ') M. .n.no~ - 0 1I0g1SHl
, tbe unpl.ofitabIencss of. Mendota IS at the JunctJonof t 18 ,10- /- ,
i ndllcea our 'ancestors to nesota and hfiS!li~ippi rir'ers., Its name is r . For;'
:\tute Look, they \VQJ.lld d'erh'ed 'frolll the,' Sioux., 8t1q sign.ifies a To E. ~f. RAYWO;;
k the dismemberment of meeting of tht3 \Vat~s. .Boa~ of th~ larger Understanding
. . ,size can run to tblSpoIDt at all ttmes of .
':: refuse the right of the tbe yenr. It iA at present tbe County S~tlt formed that I ha\ e (
'cn~elres, ~lllJ set up uf Dakota County. ' your charact~rs to
,-,f tLI3 ~ja~~"f question as bavo, only to SIl.\.,
1 H. M. SMITH'S MAGNU'rCENT CIRCUS.-
'~,. glliUe iN legislation on 8,D1. reason 60 to
back i themselres^ up in HUMRUO! This thing stopped in Hastipgs. that I never did te'
"Ve went we saw, and w(! were suckNl.-
\- ctestbrt facts Rnd falsi- , .. , , , ounjntnn~e I hrl t-
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farJ11in~on.mn.us
00-/
TO:
Mayor, Council Members,
City Administrato~ n
Lee Smick, AICP {\0(
Planning Coordinator ~
FROM:
SUBJECT:
Mr. John Tschohl- Land Use Concerns
DATE:
December 20, 1999
INTRODUCTION
At the December 6, 1999 meeting, Mr. John Tschohl submitted a letter to the City concerning the
Huber property that abuts his property on the east.
DISCUSSION
Mr. Tschohl is concerned about the continued storage of concrete within the existing mining pit
that was to be removed by October 25, 1996. Mr. Tschohl also expressed his concern about the
continued operation of the mining pit without any input or notice given to any surrounding
property owners since the mining pit was opened in 1994.
The City Council approved the original mining extraction permit on June 6, 1994. However, Mr.
Tschohl was left off of the original abstractor's list to notify surrounding property owners of a
public hearing concerning the site. The City was not responsible for the generation of an
abstractor's list. Mr. Tschohl's absence from this list, while regrettable, does not void the
issuance of the original Mining Extraction Permit.
The Mining Extraction Permit was then renewed on December 19, 1994 by the City
Administrator and approved by the City Council for the period between January 1, 1995 to
. December 31, 1995.
A temporary concrete recycling permit was approved by the City Council on February 20, 1996
for the storage of concrete within the pit from the CSAH 50 expansion project. The concrete was
to be removed from the site on October 25, 1996.
A renewal for the mining operation was further approved by the City Council on December 20,
1996 with the permit approved between January 1, 1997 to December 31, 1997. It was once
again renewed by the City Administrator and approved by the City Council on December 3, 1997
for the period between January 1, 1998 to December 31, 1998.
The current mining permit was renewed by the City Administrator and approved by the City
Council on December 21, 1998 and runs between January 1, 1999 and December 31, 1999.
Mr. Curtis Huber and his brother, Steve Huber have once again filed for a renewal permit in
December of 1999 for the mining of materials on the Huber property for a period between
January 1,2000 and December 31,2000.
City staff is currently in the process of reviewing the property for possible code violations and
violations to the Mining Extraction Permit. The possible code violations include the
accumulation of inoperable cars, fish houses and rubbish on the property outside of the mining pit
boundaries.
.
The possible violations concerning the Mining Extraction Permit include the continued storage of
concrete and the possibility of buried rubbish within the pit.
The Planning and Engineering divisions will conduct further investigations of the property,
thereby delaying the renewal of the Mining Extraction Permit for the Huber Pit until additional
information is gathered.
ACTION REQUESTED
Delay the renewal of the Mining Extraction Permit for continued operation of the Huber Pit between
January 1, 2000 and December 31, 2000 until City staff conducts further investigations of the
property for possible violations.
Respectfully submitted,
~.~
Lee Smick, AICP
Planning Coordinator
cc: John Tschohl
Curtis Huber
~I
llil .
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SERVICE QUALITY INSTITUTE
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nt=~~ ':'.:2.J_<,~2..~':.:.~--. 0".",_1 i_~'
December 6, 1999
DEe - 6 f999
!UJI
l!Jj
Lee Smick, AICP
Planning Coordinator
City of Farmington
325 Oak Street
Farmington, MN 55024
" : ~ \
i I 'Ii
I'JU
Dear Lee:
Thank you for all the work you put into my concern about the mining project on the
Huber Property.
My land is on the west side of his property. It runs over 2,000 feet alongside Huber's
Property.
I was never notified about the mining pit. I have owned this land since approximately
1977. Huber and the City knew this.
I would think the property owner, who owns the most property next to the Huber
Property, should be notified. Elayne Donnelly and John Glynn do not own property
within 350 feet of the Huber Property and yet they were notified.
What's worse is that all the extensions, the dumping of concrete and the additional
mining pit have continued without any input or notice given to the property owner on the
entire west side of Huber's Property.
The permit expires this month. The pits need to be cleaned up and closed.
The concrete is still there. Why? It was a temporary concrete recycling permit requested
on February 9, 1996. All of it was to be removed by October 25, 1996. How many years
does a temporary permit run?
Originally the request was for 55,000 cubic yards of material for one year. Councilman
Rotty made the motion to support this. He knew I owned the property next to Huber's.
9201 East Bloomington Freeway. Minneapolis, Minnesota 55420-3497 U.S.A. . Phone 612 884 3311 . Fax 612 884 8901
E-Mail quality@servicequality.com . Web www.customcr-service.com
Lee Smick
December 6, 1999
Page 2
It's easy to see the conflict of interest. Rotty supported and pushed for a mining permit
without notifying the landowner that had over 2,000 feet of adjoining property. When
my son requested a 42' x 60' building to store cars and have a climbing wall for his
friends, Commission Member Rotty opposed a very attractive metal storage building.
What's worse is his relative, Elayne Donnelly, in addition to Steve Huber, were vocally
against this storage building.
It appears there is a serious absence of ethics. Now I need a 4/5 vote by the City Council
for major conflicts of interest.
The Huber Property has junk stored all over it. I am surprised the City allows this.
I would like the City to enforce its temporary permit and not extend the mining permit
beyond December 1999.
Sincerely,
a-k~
JT/rlf
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~6
FROM:
Mayor, Councilmembers and
City Administrat~
Daniel M. Siebenaler
Chief of Police
TO:
SUBJECT:
Parking Restrictions
Citizen's concerns
DATE:
December 20, 1999
INTRODUCTION
During the Council meeting of December 6, 1999 two citizens expressed continued concerns over the new
seasonal parking restrictions. Staff discussed the issue with each of them in an effort to identify possible
solutions and any other concerns.
DISCUSSION
Staff spoke with Mr. John Gage of 18493 Echo Drive. Mr. Gage recently renovated the duplex at 400 Elm
Street. The property currently has insufficient parking available to accommodate both rental units. It was
suggested that Mr. Gage contact the neighboring property owner at Farmington Printing and attempt to
reach some agreement regarding off-street parking. Mr. Gage did speak with the owner of Farmington
Printing but was unable to reach an agreement. No other alternatives have been identified for Mr. Gage.
Mr. Gage has requested an exemption to the ordinance until he can construct off-street parking.
Staff spoke with Mr. Dan Miller of 515 Elm St. Mr. Miller restated his earlier concerns of insufficient
parking at the apartment complex. He had no additional concerns. In addition staff spoke with Jackie
Munson, representing the apartment building. She informed staff that one additional garage stall has been
made available but indicated that there was still insufficient parking for all of the tenants. Ms. Munson
stated she would try to work out some arrangements with the adjacent Dentists office but was not
optimistic about the results. No other alternatives have been identified for the apartment building at 515
Elm St.
ACTION REOUESTED
Information only. Staff is unable to identify any further alternative parking for either party and no further
action is anticipated.
Respectfully submitted,
"
'-
Daniel M. Siebenaler
Chief of Police
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
(oc
TO: Mayor and Councilmembers
City Administrator fi/
FROM: David L. Olson
Community Development Director
SUBJECT: Citizen Comments - Proposed Street Name Change
DATE: December 20, 1999
INTRODUCTION
The following are responses to questions posed by Mr. Ed Stober of 18529 Endeavor
Avenue regarding the proposed re-naming of Endeavor Avenue to Euclid Street.
DISCUSSION
What is the definition of an intersection?
Neither the City Zoning Code nor Subdivision ordinance contains a definition of what
constitutes an intersection. One of several definitions of intersection in Webster's
Dictionary is "the place where two streets cross." This would be consistent with City
staff s common sense definition of an intersection. The two access points for the
Cameron Woods development on to the new section of Euclid Street are private drives
not public streets and thus in staffs opinion do not constitute "intersections."
How many private drives have stop signs at the end?
The City does not inventory this type of situation so an exact answer cannot be given
without doing a City-wide survey. The City has been requiring new developments that
involve parking lots with driveway accesses on to a public street to install stop signs
along these private drives where they access on to the public street. This requirement was
made of the Cameron Woods project.
List the streets with multiple names?
The situation that exists with 190th Street, Akin Road and Denmark A venue is the
situation most frequently identified. In this situation the road either changes from being
and east-west roadway to a north-south roadway (Change from 190th Street to Akin Road)
or intersects with another major roadway (change from Akin Road to Denmark Avenue)
where a name change occurs. Staff is not aware of other situations in which a continuous
street changes names absent a major change in direction (i.e. north-south to east-west) or
intersection with another public street changes to another name.
Standard operating procedures for changing names of streets?
Street name changes are not something that typically occurs on a regular basis. The
County was responsible for the naming of streets in the northern portion of the City until
January of this year. Staff was able to identify one instance in the last 2-3 years in which
the City initiated a change in a street name. It should be noted that the County
implemented street name changes for three properties that previously had Pilot Knob
Road addresses. Their addresses were changed to either English Avenue or 190th Street
and those changes were made effective immediately upon their providing notice to the
property owner. No hearings or public discussion of these changes took place. A copy of
the written notice to these property owners is attached.
As was mentioned at the December 6, 1999 City Council meeting, assigning street names
is an administrative function implemented by City staff and formerly County staff. There
are not specific public hearing requirements contained in Minnesota Statute 412.221
Subd. 18 or City Ordinance 8-1-2 (copies enclosed). I did inform one of the residents
involved in the present street name change that it is always their right to address the City
Council regarding any city issue including administrative decisions involving street name
changes. Two of the three residents have exercised this right at the last two City Council
meetings.
How do you define change of direction?
There is not a definition of what constitutes "change of direction" in the City's
ordinances. The common sense definition is when a street changes from being primarily
an east-west to a north-south street.
How many streets have been re-named?
As indicated previously, the City has initiated one street name change in the last 3 years
(Hickory Street was changed to Hickory Court in the Westview Townhome
development). The County implemented a name change within the last year for the three
properties that had Pilot Knob addresses as referenced above.
What are present requirements for "plot" description at the sale of real estate and
are they over-ridden by the County or State?
There are no requirements of the City, County, or State that require the preparation of a
"plot" description at the time of the sale of real estate. In instances when they are
required, it is typically a lender or mortgage underwriter making this request and it is
typically a buyer's expense.
What are the postal issues?
It is simply to insure that efficient and timely mail delivery is made as postal routes and
carriers change over time.
When will the mail box be moved to his property?
This is a postal service decision not a City decision.
Why was the property owner not involved in the discussion?
The City (as well as the County) have attempted to keep the property owners involved
with this street name change informed. City staff have had numerous discussions with
the property owners involved with this issue over the last several months. However this
was not considered a discussion or negotiation type issue since by its nature, is not a
change that is likely to be welcomed by the property owners. Staff however still
maintains that the proposed name change is warranted and necessary for the reasons
stated previously.
ACTION REOUESTED
This is for the City Council's information and represents the extent of additional
information that can be reasonably provided by staff on this issue.
Respectfully submitted,
~f
Davl L. Olson
Community Development Director
Cc: Ed R. Stober Jr., 18529 Endeavor Avenue
Harvey Wright, 18543 Endeavor Avenue
~ ,If l'
<>,
.
412.191 STATUTORY CmES
480
481
comm unity Ii brary, if there is one, or if not, in any other public location which the coun-
cil designates. Prior to the publication of the title and summary the council shall
approve the text of the summary and determine that it clearly informs the public ofthe
intent and effect of the ordinance. The publishing of the title and summary shall be
deemed to fulfill all legal publication requirements as completely as if the entire ordi-
nance had been published. The text of the summary shall be published in a body type
no smaller than brevier or eight-point type. Proof of the publication shall be attached
to and filed with the ordinance.
Every ordinance shall be recorded in the ordinance book within 20 days after pub-
lication of the ordinance or its title and summary. All ordinances shall be suitably enti-
tled and shall be substantially in the style. "The City Council of ............... ordains:".
Subd. 5. [Repealed, 1976 c 44 s 70]
History: 1949 c 119 s 22-26; 1967 c 289 s 6; 1973 c 123 art 2 s 1 subd 2; 1976 c 44
s 26; 1981 c 219 s 1; 1984 c 543 s 46,47; 1986 c 444; 1989 c 30 s 4.5
412.20 [Repealed, 1949 c 119 s 110]
412.201 EXECUTION OF INSTRUMENTS.
Every contract, conveyance, license or other written instrument shall be executed
on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only
pursuant to authority from the council.
History: 1949 c 119 s 27; 1973 c 123 art 2 s 1 subd 2
412.21 [Repealed, 1949 c 119 s 110]
412.211 GENERAL STATUTORY CITY POWERS.
Every city shall be a municipal corporation having the powers and rights and being
subject to the duties of municipal corporations at common law. Each shall have perpet-
ual succession, may sue and be sued, may use a corporate seal, may acquire, either
within or without its corporate limits, such real and personal property as the purposes
of the city may require, by purchase, gift, devise, condemnation, lease or otherwise, and
may hold, manage, control, sell, convey, lease, or otherwise dispose of such property
as its interests require. The powers listed in this act are not exclusive and other provi-
sions of law granting additional powers to cities or to classes of cities shall apply except
where inconsistent with this chapter.
History: 1949 c 119 s 28; 1973 c 123 art 2 s 1 subd 2
412.22 [Repealed, 1949 c 119 s 110]
412.221 SPECIFIC POWERS OF THE COUNCIL.
Subdivision 1. Books; stationery; printing. The council shall have power to procure
the books to be kept by the officers, and such furniture, property, stationery, printing
and office supplies as are necessary for city purposes.
Subd. 2. Contracts. The council shall have power to make such contracts as may
be deemed necessary or desirable to make effective any power possessed by the council.
The city may purchase personal property through a conditional sales contract and real
property through a contract for deed under which contracts the seller is confined to the
remedy of recovery of the property in case of nonpayment of all or part of the purchase
price, which shall be payable over a period of not to exceed five years. When the con-
tract price of property to be purchased by contract for deed or conditional sales contract
exceeds 0.24177 percent of the market value of the city, the city may not enter into such
a contract for at least ten days after publication in the official newspaper of a council
resolution determining to purchase property by such a contract; and, if before the end
of that time a petition asking for an election on the proposition signed by voters equal
to ten percent of the number of voters at the last regular city election is filed with the
clerk, the city
approved by a I
Subd. 3. B
needed for city
and records.
Subd. 4. [I
Subd. 5. A
tion or defense
it may employ
Subd. 6. 5
to layout, opel
lic ways and g
establish and I
courses; to lay,
walks. It shall .
grounds, to pre
pants of buildi
bish from th(
encumbrances
against the pr<
Subd. 7.]
streets, buildil
anyone engag(
such service tc
Subd. 8.
nance regulaH
or upon' its pr
Subd. 9.
devise, condel
out and omar
regulate ceme
Subd. 10
public scales,
the use of sca
Subd. II
. regulate the u
ply.
SUbd' 12
dock limits aI
wharves, and
may construe
their use.
Subd. 1:
across any ri'
Subd. l'
acquire, impl
parking faeiI
Subd. 1.
ment.
Subd. 1,
cil of any Ci1
board with SI
cil confers UI
so establishe
481
STATUTORY CmES 412.221
clerk, the city may not enter into such a contract until the proposition has been
approved by a majority ofthe votes cast on the question at a regular or special election.
Subd. 3. Buildings. The council shall have power to construct or acquire structures
needed for city purposes, to control, protect, and insure the public buildings, property,
and records.
Subd. 4. [Repealed, 1963 c 798 s 16]
Subd. 5. Actions at law. The council shall have power to provide for the prosecu-
tion or defense of actions or proceedings at law in which the city may be interested and
it may employ counsel for the purpose.
Subd. 6. Streets; sewers; sidewalks; public grounds. The council shall have power ..)r
to layout, open, change, widen or extend streets, alleys, parks, squares, and other pub-
lic ways and grounds and to grade, pave, repair, control, and maintain the same; to
establish and maintain drains, canals, and sewers; to alter, widen or straighten water
courses; to lay, repair, or otherwise improve or discontinue sidewalks, paths and cross-
walks. It shall have power by ordinance to regulate the use of streets and other public
grounds, to prevent encumbrances or obstructions, and to require the owners or occu-
pants of buildings and the owners of vacant lots to remove any snow, ice, dirt, or rub-
bish from the sidewalks adjacent thereto and in default thereof to cause such
encumbrances, obstructions, or substances to be removed and the cost to be assessed
against the property as a special assessment.
Subd. 7. Lighting streets. The council shall have power to provide for lighting the
streets, buildings, or grounds by gas, electricity or other means, and to contract with
anyone engaged in the business of furnishing gas or electric service for the supply of
such service to the city and its inhabitants.
Subd. 8. Parks, trees. The council shall have power to provide for, and by ordi-
nance regulate, the setting out and protection of trees, shrubs, and flowers in the city
or upon its property.
Subd. 9. Cemeteries. The council shall have power to acquire by purchase, gift,
devise, condemnation or otherwise, hold and manage cemetery grounds, to enclose, lay
out and ornament such grounds and sell and convey lots therein. It may by ordinance
regulate cemeteries and the disposal of dead bodies.
Subd. 10. Markets. The council shall have power to establish markets, provide
public scales. and appoint a weighmaster. It may by ordinance regulate markets and
the use of scales and restrain sales in streets.
Subd. II. Waterworks. The council shall have power to provide and by ordinance
regulate the use of wells, cisterns, reservoirs, waterworks and other means of water sup-
ply.
Subd. 12. Harbors, docks. The council shall have power to establish harbor and
dock limits and by ordinance regulate the location, construction and use of piers, docks,
wharves, and boat houses on navigable waters and fix rates of wharfage. The council
may construct and maintain public docks and warehouses and by ordinance regulate
their use.
Subd. 13. Ferries. The council shall have power to acquire and operate ferries
across any river flowing through or by the city.
Subd. 14. Tourist camps; parking facilities. The council shall have power to
acquire, improve and operate, and by ordinance regulate tourist camps and automobile
parking facilities.
Subd. IS. Music. The council shall have power to provide free musical entertain-
ment.
Subd. 16. Hospitals. The council shall have power to provide hospitals. The coun-
cil of any city operating a municipal hospital may by ordinance establish a hospital
board with such powers and duties of hospital management and operation as the coun-
cil confers upon it; and the council may, by vote of all five members, abolish any board
so established. The board shall consist of five members, each appointed by the mayor
412.221 STATlTfORY CITIES
482
with the consent ofthe council for a term of five years. Terms of the first members shall
be so arranged that the term of one member expires each year. Any vacancy shall be
filled for the unexpired portion of the term in which it occurs. Any member may be
removed by the mayor with the consent of the council for cause after a hearing.
The council may by ordinance authorize the hospital board to establish a separate
fund in the city treasury into which all of its revenues shall be deposited. The hospital
board shall, in the same manner as the council under section 412.271, subdivision I,
and to the same extent, audit claims to be paid from the fund. The secretary of the
board shall draw an order upon the treasurer for the proper amount allowed by the
board. Upon counter signature by the president of the board and presentation, orders
shall be paid by the treasurer.
Subd. 17. Fire prevention. The council shall have power to establish a fire depart-
ment, appoint its officers and members and prescribe their duties, and provide fire
apparatus. ] t shall have power to adopt such ordinances as are reasonable and expedient
to prevent, control or extinguish fires.
Subd. 18. Naming and numbering streets. The council shall have power by ordi- ~
nance to name or rename the streets and public places of the city and to number or 1\
renumber the lots and blocks of the city, or any part thereof. It may make and record
a consolidated plat of the city.
Subd. 19. Transient dealers. The council shall have power by ordinance to restrain
or license and regulate auctioneers, transient merchants and dealers, hawkers, peddlers,
solicitors, and canvassers.
Subd. 20. Taxicabs; baggage wagons. The council shall have power by ordinance
to license and regulate baggage wagons, dray drivers, taxicabs, and automobile rental
agencies and liveries.
Subd. 21. Animals. The council shall have power by ordinance to regulate the
keeping of animals, to restrain their running at large, to authorize their impounding and
sale or summary destruction, and to establish pounds, and to license and regulate riding
academies.
Subd. 22. Health. (a) The council shall have power by ordinance:
(I) to prohibit or regulate slaughterhouses;
(2) to prevent the bringing, depositing, or leaving within the city of any unwhole-
some substance or deposit of solid waste within the city not otherwise authorized by
law, to require the owners or occupants of lands to remove unwholesome substances
or the unauthorized deposit of solid waste and if it is not removed to provide for its
removal at the expense of the owner or occupant, which expense shall be a lien upon
the property and may be collected as a special assessment;
(3) to provide for or regulate the disposal of sewage, garbage, and other refuse; and
(4) to provide for the cleaning of, and removal of obstructions from, any waters
in the city and to prevent their obstruction or pollution.
(b) The council may also seek civil penalties and damages from persons responsi-
ble for unauthorized deposit of solid waste under section 115A.99, which, if unpaid,
may be imposed as a lien on property owned by the responsible persons and collected
as a special assessment.
(c) The council may establish a board of health as defined in section 145A.02, sub-
division 2, with all the powers of such boards under the general laws.
Subd. 23. Nuisances. The council shall have power by ordinance to define nui-
sances and provide for their prevention or abatement.
Subd. 24. Noise and disorder. The council shall have power by ordinance to regu-
late and prevent noise or other disorder.
Subd. 25. Amusements. The council shall have power by ordinance to prevent or
license and regulate the exhibition of circuses, theatrical performances, amusements,
or shows of any kind, and the keeping of billiard tables and bowling alleys, to prohibit
gambling and gambling devices, and to license, regulate or prohibit devices commonly
used for gambling purposes.
483
Subd. 26. Vi
vagrants, prostit.
Subd. 27. D
late the operatio'
Subd. 28. R
regulate the COD!
Subd. 29. [F
Subd. 30. R
regulate restaura
in a grocery stor
Subd. 31. S
to require the 0
sewer and water
establishment u)
in default there.
against the prop
Subd. 32. (
ment and good (
of crime, the pn
and commerce,
eral welfare by :
United States 0
Subd. 33. J
to decide wheth
mental body ha
submit to the VI
pality should jo
shall be ad ViSOl
to join or withe
Subd. 34.
signs, plaques I
History: 1!
35 s 69; 1973 c
c 719 art 5 s 8~
1990 c 493 s 1;
412.222 PUB
The couo(
basis for the pl
of account of!
certified publil
countant, all Ii
expenditures f
such cities.
History: (
2 s 1 subd 2; 1
412.23 [Re]
412.231 PEl'
The couo
shall be a pem
a fine of$700
but in either c
History:
s 1; 1984 c 62
;
t
t-.~f
483
STATIJTORY CITIES 412.231
Subd. 26. Vice. The council shall have power by ordinance to restrain and punish
vagrants, prostitutes, and persons guilty of lewd conduct.
Subd. 27. Dances. The council shall have power by ordinance to license and regu-
late the operation of public dance halls and the conduct of public dances.
Subd. 28. Regulation of buildings. The council shall have power by ordinance to
regulate the construction of buildings.
Subd. 29. [Repealed, 1965 c 670 s 14)
Subd. 30. Restaurants. The council shall have power by ordinance to license and
regulate restaurants and public eating houses, except that a restaurant or delicatessen
in a grocery store is subject only to regulation under chapter 28A.
Subd. 31. Sewer and water connections. The council shall have power by ordinance
to require the owner of any property abutting on or adjacent to any street in which
sewer and water mains have been laid to install a toilet in any dwelling or commercial
establishment upon such property and connect it with the sewer and water mains and
in default thereof to provide for the installation of such toilet and charging the cost
against the property as a special assessment.
Subd. 32. General welfare. The council shall have power to provide for the govern-
ment and good order of the city, the suppression of vice and immorality, the prevention
of crime, the protection of public and private property, the benefit of residence, trade,
and commerce, and the promotion of health, safety, order, convenience, and the gen-
eral welfare by such ordinances not inconsistent with the constitution and laws of the
United States or of this state as it shall deem expedient.
Subd. 33. Advisory elections in certain cases. When the council has sole authority
to decide whether the city should join a special district or similar independent govern-
mental body having taxing powers within the city, the council shall have authority to
submit to the voters at a regular or special election the question of whether the munici-
pality should join such a body. The results of the election on the question so submitted
shall be advisory to the council only and shall have no binding effect upon its decision
to join or withdraw from the special district or similar independent body.
Subd. 34. Decorations. The council shall have the power to provide decorations,
signs, plaques and attached accessories for public streets, buildings and parks.
History: 1949 c 119 s 29; 1955 c 270 s 1; 1961 c 230 s 2. 3; 1967 c 289 s 7; 1973 c
35 s 69; 1973 c 123 art 2 s 1 subd 2; 1975 c 30 s 1; 1986 c 444; 1987 c 309 s 24; 1988
c 719 art 5 s 84; 1989 c 329 art 13 s 20; lSp1989 c 1 art 20 s 26; 1990 c 480 art 9 s 17;
1990 c 493 s 1; 1991 c 52 s 5; 1994 c 412 s 5
412.222 PUBLIC ACCOUNTANTS IN STATUTORY CITIES.
The council of any city may employ public accountants on a monthly or yearly
basis for the purpose of auditing, examining, and reporting upon the books and records
of account of such city. For the purpose of this section, "public accountant" means a
certified public accountant, a certified public accounting firm, or a licensed public ac-
countant, all licensed by the board of accountancy under sections 326.17 to 326.23. All
expenditures for these purposes shall be within the statutory limits upon tax levies in
such cities.
History: (1186-5. 1186-6. 1186-7) 1937 c 215 s 1-3; 1953 c 535 s 1; 1973 c 123 art
2 s 1 subd 2; 1992 c 592 s 7
412.23 [Repealed, 1949 c 119 s 110)
412.231 PENALTIES.
The council shall have the power to declare that the violation of any ordinance
shall be a penal offense and to prescribe penalties therefor. No such penalty shall exceed
a fine of $ 700 or imprisonment in a city or county jail for a period of 90 days, or both,
but in either case the costs of prosecution may be added.
History: 1949 c 119 s 30; 1969 c 735 s 1; 1973 c 123 art 2 s 1 subd 2; 1977 c 355
s 1; 1984 c 628 art 3 s 11
8-1-1
8-1-4
CHAPTER 1
STREET SYSTEM
SECTION:
8-1-1:
8-1-2:
8-1-3:
8-1-4:
8-1-5:
Establishment of Department
Council to Manage System
Street Supervisor
Street/Curb Breaking Permits
Boulevards; Allowable Uses
8-1-1: ESTABLISHMENT OF DEPARTMENT: There is hereby
established a City Street Department. The City street system
as it now exists or hereafter enlarged or extended shall be operated and
maintained under the provisions of this Chapter subject to the authority of
the Council at any time to amend, alter, change and repeal the same. (Ord.
086-184,1-17-86)
8-1-2: COUNCIL TO MANAGE SYSTEM: The Council shall have
charge and management of the street system, subject to such
delegation of their authority to City employees. (Ord. 086-184, 1-17-86)
8-1-3: STREET SUPERVISOR: The City Council shall, from time to
time, appoint a person to serve as Street Supervisor to
enforce all regulations pertaining to the street system in accordance with
City ordinances. (Ord. 086-184, 1-17-86)
8-1-4: STREET/CURB BREAKING PERMITS: No person shall
break into, cause an opening or repair to be made in a curb,
the surface of any street, sidewalk, bike trail, or driveway within the street
right of way unless a permit has been approved by the City. (Ord. 090-236,
7 -2-90)
795
City of Farmington
DAKOTA COUNTY
DIVISION OF PHYSICAL DEVELOPMENT
14955 GALAXIE AVENUE
OFFICE OF PLANNING
(612) 891-7030
F~(612)891-7031
APPLE VALLEY, MINNESOTA 55124-8679
November 13,1998
Because of the recent Pilot .Knob Road (CR 31) re-alignment, the CountY is making an official
change to your street name; your house number will remain the same. Your new address will
be:
18940 ENGUSH A VENUE, FARMINGTON, MN
The change will become effective immediately. Please make the necessary changes to your
personal information.
The address is shown on the enclosed address map. Thank you in advance for your
cooperation. If you have any questions or need additional information, please call me at 891-
7032.
Sincerely,
Dv-9wg-
Dee Jung, Administrative Assistant
Enclosure
c: Jack Ditmore, Deputy Diredor, Physical Development Division
Gen Hamann, Dakota County Assessor's Office
Karen Sutten, Dakota County Treasurer-Auditor's Office
U.S. Postmaster, City of Farmington
Sue Miller, City of Farmington
Ed Siebenaler, Dakota Electric Association
Lany Charboneau, The Lawrence Group
Printed on recycled paper. ~ post-consumer
o
AN EQUAL OPPORTUNITY EMPLOYER
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmin~on.mn.us
December 9, 1999
Edward R. Stober Jr.
18529 Endeavor Avenue
Farmington, MN 55024
Dear Mr. Stober:
Enclosed please find a copy of Minnesota Statutes 412.221 which addresses the City's
authority to relative to construct, change, extend streets (Subd. 6) as well as name and
rename streets (Subd. 18).
Responses to the additional questions you raised at the December 6, 1999 City Council
meeting will be mailed by December 16, 1999.
Please contact me at 463.1860 if you have additional questions.
Sincerely,
David L. Olson
Community Development Director
Cc: John Erar, City Administrator
Joel Jamnik, City Attorney
/a-
COUNCIL MINUTES
REGULAR
December 6, 1999
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. APPROVE AGENDA
MOTION by Cordes, second by Verch to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Staff Introduction - Police Department
Police Officer James Constantineau was sworn in by City Administrator Erar.
6. CITIZEN COMMENTS
Mr. Ken Chin, 19066 Estate Avenue, was an objector to the CSAH 31 Assessment. He
contacted the County and they have not made a decision regarding lowering his property
value. The County told him typically it is 10%, they are trying to get it done by the end
of the year. His land is valued at $31,500. Over the last three years, his house value has
gone up $300. He stated he does not see where his value will go up that much more to
cover the assessment. His value would have to go up over $300 in one year. As the
County will not have the information ready until the end of the year, he does not know
what to do. It was determined if Mr. Chin receives the information by the December 20,
1999 Council Meeting, he should give it to City Administrator Erar or Finance Director
Roland. Mr. Chin did not think this was fair as the County already knows it will be going
down, but the County will not have it ready until the end ofthe year. Mr. Chin's next
option would be to appeal to District Court.
a) Seasonal Parking Restrictions - Resident Concerns
Mr. Dan Miller, 515 Elm Street, stated he received a response from staff
regarding concerns about the parking ordinance. There are 18 units in the
apartment building. There are 20 parking spots for 18 units, however most of the
people are multiple occupants which leaves very little option for parking. Some
of the parking spots are designated for people who work the night shift. From his
perspective if you live there, you have a right to a parking space. He does not feel
it is relevant that two of the units do not have vehicles. If there are 18 units and
the City is going to dictate he cannot park on the street, then if it is an issue that
needs to be addressed with the landlord, he does not know if it can be, as he
Council Minutes (Regular)
December 6, 1999
Page 2
thinks the building was built before the statutes took place. He was of the
understanding there has to be two off-street parking spots per unit. There is not
any available parking space. Other people are also concerned about holiday
guests, funerals, parties, etc. He did not recall reading notices, and wondered how
informed the public was.
Mr. John Gage, 18493 Echo Drive, owns property at 400 Elm Street, he is also
concerned about the parking ordinance. Many of the houses are old, and built
before there were 3-4 cars per family. Does the City want front yards paved? He
appreciated the fact the City was trying to reduce snow plowing costs. He does
not have room for off-street parking as he has multiple tenants. When he
purchased the property, he asked the City if parking on the street was ok. He was
told it was, and then the City passed the parking ordinance. He has not had time
to prepare for this. He is not being affected, but his tenants are. He asked if the
Council would change to odd-even parking, or if the driveway is full, allow
parking on the street. He also asked ifhe could have a.personal exemption to this
ordinance for this year until he can work out a solution.
b) Street Name Change - Resident Concerns
Mr. Ed Stober, 18529 Endeavor Avenue, was also representing his neighbors
Harvey Wright, 18543 Endeavor Avenue, and Rick Goedde regarding the name of
their street being changed. He stated he was here two weeks ago and has heard
nothing except for a letter he received from Community Development Director
Olson. It appears the decision to change the street name has been made without
input from the residents. He requested some information from Mr. Olson 30 days
ago regarding statutes governing name changes and has not received anything.
The process started with the County being responsible for naming streets, and
then a developer changed it, and then the City staffbecame aware ofthe situation
and notified the County to change it back to Euclid Street. Apparently the
developer did not comply. Mr. Stober feels that is an issue between the City and
the County, not his. When an issue is discovered that was not done properly, the
City should take it up with the County. The City owns that issue. If it was not
followed up, it is not his issue. The County did not act on the request until after
homes were constructed on the three lots. By the time the property owners were
notified of the need for a name change, the City had assumed responsibility for
the assigning of street names in the City. The residents have not received any
notification from the City, but they did receive a request from the County that if
they did not agree with the street name change and there was an occupancy of less
than six, they could petition and given a forum to discuss it. The response he
received from staff stated the street name should be changed to Euclid Street for
public safety. Mr. Stober then asked Police Chief Siebenaler if he calls 911 from
his home, does he know where he lives? Chief Siebenaler replied yes, but he
cannot guarantee there will not be any hesitation in locating a street that is three
lots long. That makes it a public safety concern. Local police and fire are not the
only issue involved in public safety. The City also uses ambulance service that
covers three cities, which relies on maps to find the location. Mr. Stober then
asked if Euclid Avenue, Euclid Street, Euclid Path, Euclid Court is a safety issue.
Chief Siebenaler replied all of them line up and are connected in some way. They
Council Minutes (Regular)
December 6, 1999
Page 3
are alphabetical. Mr. Stober had several questions as follows, which will be
responded to by staff:
I. What is the City definition of an intersection and would like a response
from the City Engineer or whoever takes care of the roads.
2. It is stated Endeavor Avenue or Euclid Street in Cameron Woods will be
private driveways, how many private driveways have a stop sign at the
end of them in Farmington?
3. What statutes address, from the letter sent out on October 29, 1999 from
Mr. Olson, that only one street name can be used?
4. What are standard operating procedures in the City for changing a street
name in Farmington, what statutes apply?
5. How do you define change of direction? We have the approximate same
change of direction and the approximate same direction itself on that street
that matches Pilot Knob up to 1 90th and Akin Road.
6. How many streets have been renamed by the City under the current
jurisdiction?
7. What are the present requirements for plot description at the point of sale
of real estate? Are they overridden by the County or State?
8. What are postal issues?
9. When will my mailbox be moved to my property? Right now it is on
Euclid Path. I have to walk across the street to get to my mail, so every
house on Euclid Street has a mailbox in front of their house or across the
street. If it is a postal issue it should be moved closer to my residence.
10. Between the last two weeks, a discussion must have taken place between
Mr. Olson and the Council relative to naming the street. We received a
letter that states too bad, we're changing the name of the street, that is
basically the tone of the letter. Who participated in that meeting, what
date it was held and I would like to see the minutes from the meeting. I
don't feel has if I had any input. Community Development Director Olson
replied there was no meeting. This is an administrative task assigned to
staff. It is not a legislative decision, but an administrative decision. Mr.
Stober stated so then an administrative decision can cost the taxpayer
money.
In the letter he received it is stated the requirement for a plot plan typically is a
requirement of lenders at the time a property is being purchased. Property
abstracts are also typically updated only at the time of a property being sold. In
most cases the description of a property in a deed or abstract is done by legal
description rather than street address. He would like further clarification as to
what most cases are. He does not plan on living in his house for the next 25
years. Ifhe does not pay now, he will pay later. And if he pays later, it is
inflation. Councilmember Strachan stated he does not have to have the plot
redone. Mr. Stober stated he is not here to disrupt he is seeking to understand. It
is a very frustrating process. How these decisions are made will affect taxpayers.
He does not feel as a taxpayer he has had a fair response or fair representation.
Personally, he does not care if the name is changed. If we go through this process
it is strictly to ensure we are heard.
Council Minutes (Regular)
December 6, 1999
Page 4
City Administrator Erar stated in reviewing the Minutes prepared for Council for
this meeting, with the exception of the state statutes which can be downloaded off
the internet and provided to Mr. Stober, every single question he asked at the last
meeting was responded to in very clear detail in the letter by Mr. Olson. He is not
disagreeing with Mr. Stober, he is just reviewing the Minutes. He reviewed the
letter prepared by Mr. Olson and he did a very fair job of responding to it. We
can certainly provide him with copies of statutes and attempt to answer his
additional questions, some of which are quite detailed, within the next two weeks.
c) Traffic Concerns -.Akin Road
A response was sent to the resident.
7. CONSENT AGENDA
MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows:
a) Approved Council Minutes (11/15/99) (Regular) and (11/16/99) (Special)
b) Approved Various City License Renewals
c) Adopted RESOLUTION RI02-99 - Approve Tree City USA Application
d) Approved Appointment Recommendation - Police Department
e) Received Information Capital Outlay - Fire Department
f) Approved Autumn Glen Plat Extension
g) Approved Meals-On- Wheels Contract - CAP
h) Approved bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a) Truth in Taxation Hearing
This is the 2000 Truth in Taxation Hearing required by state statute. On
September 7, 1999 the Council passed Resolution R84-99 establishing the Truth
in Taxation Hearing and adopted a preliminary budget and preliminary tax levy
for the year 2000. Residents have received property specific notices outlining the
proposed effect of the 2000 tax levy on their individual property taxes compared
to the taxes levied against their property in 1999. These notices showed a 30.545
tax rate. Presentations were given by Finance Director Roland and City
Administrator Erar showing the highlights of the City's proposed 2000 Revenue
and Expenditure Budget and the 2000 Proposed Tax Levy.
Mr. Henry Iwerks, 1105 Sunnyside Drive, stated in his opinion citizens have
received some very good information tonight. That is important because general
citizens in Farmington do not think too highly of City employees and City
Council. They are getting information off the streets, etc. He would like to see
this information condensed and put in the paper. Many people do not know the
difference between the tax for the school, the City, and the County. They see the
big figure and blame the City for the whole thing. Mayor Ristow thanked Mr.
I werks for his compliment.
MOTION by Verch, second by Soderberg to close the Public Hearing. APIF,
MOTION CARRIED. The formal resolution adopting the 2000 budget and tax
levy will be presented to Council at the December 20, 1999 Council Meeting.
Council Minutes (Regular)
December 6, 1999
Page 5
b) Adopt Resolution - Cameron Woods Easement Vacation
Wensman Homes seeks to vacate an existing drainage and utility easement on the
easterly property line of Block I Lot I in the Cameron Woods Development. The
developer is requesting that the existing 5' drainage and utility easement be
vacated due to the existing blanket easements that are located within all of the
common areas of the site. Block 1 Lot 1 was not sized appropriately to
encompass the proposed building on the site and the building would encroach into
the easement by 0.61 feet. The vacation allows for a clearer legal description of
the property.
Ms. Kelly Murray, Wensmann Homes, stated there was a misunderstanding with
the engineer. He thought the building setback was from the private drive to the
front of the building, rather than from Euclid to the building. They do not want an
encroachment easement on the title work.
MOTION by Cordes, second by Verch to close the Public Hearing. APIF,
MOTION CARRIED. MOTION by Strachan, second by Soderberg to adopt
RESOLUTION RI03-99 approving vacating an existing 5' drainage and utility
easement along the easterly property line of Block I Lot I Cameron Woods.
APIF, MOTION CARRIED.
c) John Tschohl- Planning Commission Decision Appeal
Mr. Tschohl has filed an appeal to the decision ofthe Planning Commission to
deny a conditional use permit to allow commercial recreation and equipment and
maintenance storage in the A-I District. Mr. Tschohl and his son Matthew
proposed to construct a 42' x 60' building at the northwest intersection of
Fairgreen Avenue and 210th Street. The applicants propose to use the building for
the storage and repair of cars and the construction of a rock -climbing wall for
recreation. The City Attorney determined car storage is a permitted use in an A-I
district and falls under the Travel Trailer and Boat Storage requirements. The
City Attorney also determined that the applicants were required to seek a
conditional use permit for the commercial recreational use, which is the climbing
wall, and the equipment and maintenance storage which is the car repair use. The
climbing wall was considered a commercial recreation use because monthly dues
would be required for non-owner participants included in a cooperative to use and
maintain the facility. The owner may repair cars that he owns within the facility,
but the repair of cars not personally owned by him for a profit is not allowed in an
A-I district.
The Planning Commission held a Public Hearing on October 26, 1999. Since the
number of issues could not be answered at the October 26, 1999 meeting, the
Planning Commission was forced to continue the review of the conditional use
permit to the November 9, 1999 meeting. The commission voted to deny the
conditional use permit for a commercial recreation and equipment.and
maintenance storage use in an A-I zoning district because ofthe following facts:
1. Conditional use permits should not be placed on a building that may be
moved in ten years.
2. A business use should not be approved in an agricultural district.
Council Minutes (Regular)
December 6, 1999
Page 6
3. The minimum 50-foot building setback is not adequate to allow the
possible extension of Fairgreen Avenue to the north and 21 Oth Street to the
west.
4. There are no plans for a parking lot and the plan to park vehicles on the
street is not adequate.
5. The lighting of the property is not to City standards.
6. The equipment repair use typically moves to the outside of a building
causing unsightly views.
The basis ofthe appeal as explained in the letter from Mr. Tschohl on November
18, 1999 is that the Planning Commission's vote was "flawed with conflicts of
interest and a lack of understanding of a very simple request." The Development
Committee reviewed the project again on November 30, 1999 and found the
Building Official and Fire Marshal discovered new information which would have
to be adhered to. This included requirements for the construction of the proposed
building which is typically done at the building permit stage of the approval
process rather than the zoning stage. However, occupancy separation issues
became apparent at the Development Committee meeting. Mr. Tschohl will have
to comply with these requirements.
Mr. David Sletten, 6040 212th Street, stated he has no objection to the project, but
he understood the Fire Marshal, Mr. Brad Schmoll sent an original letter calling
for the building to be sprinklered. He understood City Administrator Erar told
Mr. Schmoll no, he did not want this sprinklered and to do a different letter. Mr.
Sletten understood projects are governed by the Uniform Building Code and
wondered how this could happen. If Mr. Schmoll is the Fire Marshal, why was
his recommendation shelved? Mayor Ristow asked if Mr. Sletten was saying
there are two letters? Mr. Sletten stated he does not have the original letter, but
there was a letter calling for the building to be sprinklered. He does not think this
is unrealistic especially when there will be 20 people climbing a wall and in the
next adjoining space there is going to be storage of cars, gas, ignition and fire.
Right now the street is gravel, if this will go from agriculture to commercial he
felt it should be paved and have street lights.
Mayor Ristow stated in the past a commercial building is required to be
sprinklered, but there is not City water out there. Community Development
Director Olson stated Mr. Schmoll was asked to document some of the issues
relative to fire code and fire safety. Mr. Schmoll is fairly new to the City and is
not familiar with where water mains exist in the City. It was at Mr. Olson's
direction the verbage regarding sprinkling be removed as the water main is at
least a half mile away. There are other issues in the memo that still apply.
City Administrator Erar stated he is not aware of any letter that was going to go
out and then turned back from his office. Councilmember Verch stated he has the
original letter from the Fire Marshal. Not from him, but it is an original letter
dated December I, 1999. Comparing it to the letter of December 6, 1999 there
are some changes. There are requirements under state statutes that are crossed out
that are supposed to be in there. Mayor Ristow stated Councilmember Verch
provided a letter dated December 1, 1999 addressed to Lee Smick. He asked if
Council Minutes (Regular)
December 6, 1999
Page 7
Ms. Smick remembered this letter. Ms. Smick stated she did. When the Planning
Division writes letters, Mr. Olson reviews them, and makes changes. City
Administrator Erar stated it would have been nice to see the letter prior to the
meeting, so it could have been discussed. Councilmember Verch stated he
thought Mr. Erar would have seen it, as it went across Mr. Olson's desk, he
thought Mr. Erar had also seen it. Mr. Erar stated it is an internal memo that is
reviewed to make sure the items are accurate. Mr. Olson stated on the versions of
the memo, the process is that whatever Community Development Department
staff person is preparing the memo, has to have it reviewed by him before it goes
to Mr. Erar and Mr. Olson makes any changes he feels are appropriate from his
position as department head. Mr. Erar did not see the earlier memo. It only made
it as far as Mr. Olson.
Mr. David Sletten stated if we have a Fire Marshal employed by the City and he
recommends something, why isn't his recommendation followed? Why is he on
the payroll? Councilmember Strachan stated he is a Police Officer. If he writes a
memo and gives to the police chief, and he makes changes, it does not mean that
Officer Strachan is useless. It means his supervisor has information he may not
have or may choose to change something. That is his job. That does not negate
the value or the voracity of the Fire Marshal.
Mr. Sletten then asked if there was adequate water supply out there since he lives
a half mile away. Councilmember Strachan replied that is the issue. That is not
the issue of the memo. Mr. Sletten then asked if a precedence would be set
allowing the building to come out there. Councilmember Strachan replied that
has not been determined yet. City Administrator Erar stated the letter was
encouraged to be written by Mr. Schmoll to provide the property owner some
guidance relative to the requirements he would have to look at if the land use was
approved. That letter was merely advisory.
Councilmember Verch stated that for Mr. Olson to say Mr. Schmoll does not
know the codes or is new at this, it is his job and what is crossed out is required
by law. If Mr. Schmoll does not know his job, he is the Fire Marshal. Ifhe is not
experienced, why did we hire him? All he has to do is look in the book and say
ok this is required. He does not make his own rules. Councilmember Strachan
stated we are making statements that these decisions have been made and they
have not been. Mr. Olson stated there is not a water main and Mr. Schmoll can
say I feel strongly about it, but that is a conversation yet to be had. That does not
mean that the rules have not been followed or Mr. Schmoll does not know what
he is doing.
Councilmember Cordes stated she has not had the opportunity to read the memo,
the first she heard of it was tonight. She did read the current memo and it is more
of an overview to give the Tschohl's some things they will have to look at. To
indicate that Mr. Olson was either trying to hide or cover up or something or Brad
does not know his job, is a complete inaccuracy. Councilmember Verch replied
he is not the one that said that, he thought Mr. Olson said that. (During the
transcription of the Minutes, it wasfound Mr. Olson did not make that statement).
Councilmember Cordes stated what was deleted in this letter would be covered at
Council Minutes (Regular)
December 6, 1999
Page 8
a different time. Councilmember Verch stated it could be, but you might as well
have everything out front from the beginning.
Mr. Matthew Tschohl, 4650 Nine Oaks Circle, Bloomington, MN, stated the
climbing area will be a bouldering area because the current place is going out of
business. There is a group of 10 people, but will keep it open to select people. It
will not be for the public. All the money will be spent on the climbing wall.
There is time restriction from 7 a.m. - 10 p.m. Right now, they climb until
midnight on Fridays and would like an extension of the time.
Mr. John Tschohl, 4650 Nine Oaks Circle, Bloomington, MN, thanked the
Planning staff for their assistance over the last several months. He stated the
building will be 42' x 60', it will be a very attractive metal building. It is in an
isolated area, with two mining pits close to it. There are three questions: His son
wants a place to charge people money to store expensive cars in a heated garage.
They want a climbing wall for trained athletes. He likes to work on his cars,. not
other people's cars. As far as the concerns of the Planning Commission, Mr.
Tschohl owns the property, Babe Murphy probably will buy the building, and in
10-20 years there will be development and the building will be moved. Mr.
Tschohl is concerned there was a conflict of interest with two people that
complained about the building. The Hubers and Elaine Donnelly. The Hubers
should not throw stones at a glass house if you have a glass house of your own.
Next door to the proposed building is a mining pit that looks like trash. It is an
absolute dump and he has a very attractive building and Mr. Huber does not
appreciate that. When Mr. Tschohl received the records, he noticed the person
who supported the mining pit in 1994, who was on the Council and chaired that
was also related to Elaine Donnelly who is the other person with this conflict.
Mr. Tschohl feels this is a tremendous conflict of interest. Here is a person that
promoted the Huber mining in 1994, who was related to the other person who was
opposed to the building. Mr. Tschohl stated this is a very serious, questionable
absence of ethics. Mr. Dirk Rotty (Planning Commission member) should not
have voted, should have abstained, should never have been involved. Mr.
Tschohl hoped 4 out of 5 Councilmembers would be considerate enough to
override the Planning Commission.
Mr. Marv Wier, 808 3rd Street, stated he recalled the Council has a policy as to
where commercial development can occur and was wondering if this falls under
that policy. Staff replied for the 2020 Comp Plan, this area will be urban reserve
which states no development will take place until after 2020. Mayor Ristow
asked how many buildings could be built in that area. Mr. Tschohl replied he is
selling the property to Babe and he has 147' x 147' which is enough for one
building.
Mr. Dirk Rotty stated for the record he is not related to Elaine Donnelly. Mr.
Tschohl thanked Mr. Rotty for the clarification. Mayor Ristow stated at that time
he was on the Council in 1994 and it was a unanimous vote to grant the Huber
permit. There was no personal preference by Mr. Rotty. The purpose was to
downsize the land and level off the hills.
Council Minutes (Regular)
December 6, 1999
Page 9
MOTION by Verch, second by Cordes to close the Public Hearing. APIF,
MOTION CARRIED. MOTION by Strachan, second by Verch to affirm the
decision of the Planning Commission to deny the conditional use permit for a
commercial recreation and equipment and maintenance storage use in an A-I
zoning district. It should be added to the Findings of Fact that it is not in the
Comprehensive Plan to have a commercial use in an agriculture district. APIF,
MOTION CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Ordinance - Rezoning Property for Farmington Lutheran Church
Mr. Bernard Murphy and Farmington Lutheran Church are seeking to rezone
16.25 acres of property from the current C-l (Conservation) and A-I
(Agriculture) to an R-l (Low Density-Residential) zoning designation for the
purpose of a future church site for Farmington Lutheran. The property is located
northwest of the Riverside development and southeast of the Pine Knoll
neighborhood, both zoned R-l. The south portion of the property is currently
zoned R -I, while the east portion of the property is zoned A-I. The north half of
the property is zoned C-l (which extends northward into undeveloped land).
MOTION by Cordes, second by Soderberg adopting ORDINANCE 099-443
rezoning the property legally described from C-l (Conservation) and A-I
(Agriculture) to R-l (Low Density Residential). APIF, MOTION CARRIED.
b) Water Use Restrictions - Water Board Communication
Council received information on a Water Use Restrictions Policy adopted by the
Water Board.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a) Acknowledge Interim Maintenance Services - Akin Road
Staff has received information from the Dakota County Highway Department
regarding their desire to have the City accept jurisdictional responsibility for Akin
Road. The City's responsibility for Akin Road would begin at 190th Street, just
east of the CSAH 31 intersection, traveling south to the CSAH 50 intersection,
but not including the intersection of CSAH 50 and Akin Road. Maintenance
services would include providing basic snow plowing, sanding and street cleaning
services. Council acknowledged the City's intent to provide limited and interim
maintenance services on Akin Road.
13. COUNCIL ROUNDTABLE
Councilmember Verch: A resident wants English Avenue closed at 190th Street. He
is obtaining a petition and will be at the next Council Meeting.
City Administrator Erar: A letter has been received from a law firm handling a claim
by Joseph and Brenda Oeth regarding an accident on Flagstaff A venue. Questions should
be referred to City Attorney Jamnik or Risk Manager Roland.
Council Minutes (Regular)
December 6, 1999
Page 10
Finance Director Roland: The Budget Award plaque has been received and is
displayed in the reception area.
Community Development
Director Olson: He attended a Liveable Communities Act Sub-Committee
meeting. A clean-up grant application had been submitted and the committee granted
funding in the amount of $85,000. Staff is waiting to hear regarding submittal of a larger
grant.
Mayor Ristow: A garbage truck entrance sign request was received from
Mr. Moench. Mr. Moench had given the City permission to enter his driveway to service
the other residents along the alley. He would like something in writing from the City
regarding adverse possession. A resident has asked when the Council Meetings will be
broadcast on T.V. City Administrator Erar replied the City of Apple Valley will be
hiring an individual to run the cable T.V. equipment this week. This employee will be
working for the cities of Apple Valley, Rosemount, and Farmington.
Council adjourned to Executive Session at 9:30 p.m.
14. EXECUTIVE SESSION - Progress Land Company
15. ADJOURN
Executive Session adjourned at 10:10 p.m.
Respectfully submitted,
// ./.,) ? /7 ~~
Sy~L/L<:CC' ., /~.u
(/
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
76
TO: Mayor, Councilmembers, City Administratoo/~
FROM: Karen Finstuen, Administrative Service Manager
SUBJECT: Adopt Resolution - Historic Preservation Consultant Services
DATE: December 20, 1999
INTRODUCTION
Attached is a proposed contract for Historic Preservation Consultant Services with Robert Vogel,
who has provided this service for the past four years. The contract is for the period of January I,
2000 through December 31, 2000 and establishes a yearly retainer fee and an hourly wage.
DISCUSSION
The Historic Preservation Commission has applied for and been notified of approval to receive
CLG (Certified Local Government) Grant Funds. This contract is required to establish an hourly
wage which will be used for in-kind services that Mr. Vogel will provide in conjunction with the
grant. The grant will be used to designate five historic sites throughout the City.
BUDGET IMPACT
A retainer fee in the amount of $500 is included in the 2000 budget.
ACTION REQUIRED
Adopt a resolution approving the contract for Historic Preservation Consultant Services.
Respectfully submitted,
I /, '
.-IJ(. , , (1,j ,-Ir"
L,/ ~ v/\/t~
Karen Finstuen
Administrative Services Manager
RESOLUTION NO. R -99
APPROVING THE CONTRACT FOR HISTORIC
PRESERVATION CONSULTANT SERVICES
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 20th day of
December 1999 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the Historic Preservation Commission has applied for and been awarded a CLG
(Certified Local Government) Grant; and,
WHEREAS, this contract is required to establish an hourly wage which will be used for in-kind
services provided by Mr. Vogel in conjunction with the grant; and,
WHEREAS, the grant will be used to designate historic sites throughout the City.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby approves the
Contract for Historic Preservation Consultant Services.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
20th day of December 1999.
Mayor
Attested to the _ day of December 1999.
City Administrator
SEAL
CONTRACT FOR HISTORIC PRESERVATION
CONSULTANT SERVICES
CITY OF FARMINGTON
THIS CONTRACT, made and entered into as of this 3'c...4 day of Cc!-C'h..,/~J , 1999, by
and between the City of Farmington, Minnesota, herein referred to as the "City", and Robert C.
Vogel and Associates, herein referred to as the "Consultant".
WITNESSETH
THAT WHEREAS, the City is desirous of retaining professional historic preservation services
on an as-needed basis, and;
WHEREAS, the Consultant is a qualified historic preservation professional;
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter contained, it is agreed by and between the City and the Consultant as follows:
I. SCOPE OF SERVICES
The Consultant will provide the following services on an as-needed basis as
determined by the City Administrator:
A. Provide historic preservation consulting services to the Farmington
Heritage Preservation Commission and the Farmington City Council.
B. Advise the City on matters relating to historic preservation planning and
identification, evaluation, registration and treatment of historic resources
in Farmington.
C. Prepare applications for Certified Local Government and other grants for
historic preservation purposes.
D. Serve as principal investigator and project director for the City's ongoing
historic resources survey.
II. COMPENSATION
A. The City will pay the Consultant to provide the services as outlined in A,
B, C above, an annual retainer of five hundred dollars ($500), to be paid
periodically upon completion of services, beginning January 1, 2000.
B. The City may pay such additional Consultant compensation at the rate of
forty dollars ($40.00) per hour for additional work which may be
specifically authorized by the City Council.
C. The Consultant shall invoice the City for all work authorized by the City
on a monthly basis.
III. COMMENCEMENT AND TERMINATION
This contract shall run from January 1,2000, until December 31, 2000. The contract
may be renewed upon a passing motion by the City Council. Notwithstanding the
foregoing provisions, either party may terminate this contract on thirty (30) days written
notice to the other party.
IV. INDEPENDENT CONTRACTOR STATUS
The Contractor is an independent contractor and is not a City employee.
IN WITNESS HEREOF, the parties have set their hands this ~o,t.-i day of {;2(""'~ ~L;J, 1999.
CITY OF FARMINGTON
BY:
John Erar, City Administrator
CONSULTANT
BY:
Robert Vogel, Consultant
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
lc
TO:
Mayor, Councilmembers, City Administrato~
James Bell, Parks and Recreation Director
FROM:
SUBJECT:
Adopt Resolution Accepting Donation - Senior Center
DATE:
December 20, 1999
INTRODUCTION
Donations have been received at the Senior Center from Empire and Castle Rock Townships.
DISCUSSION
At the November I, 1999 Council meeting, Council approved the transmittal of a letter to the Townships
requesting funds to offset the costs related to non-resident fees. Staff has received a check from Empire
Township for $250 and has been notified of a forthcoming check of $250 from Castle Rock Township. In
lieu of these donations, staff will charge residents of these two townships the standard resident membership
fee. All members from townships and cities other than Farmington, Empire and Castle Rock will be
charged non-resident fees.
Staff will communicate the City's appreciation on behalf of the Council to the Townships for their
donations, in support of Senior Center operational costs..
ACTION REOUESTED
Adopt the attached resolution accepting the donation of $250 to the Senior Center from Empire and Castle
Rock Townships.
Respectfully submitted,
Jc.--- ~~
James Bell
Parks and Recreation Director
RESOLUTION No. R -99
ACCEPTING DONATIONS TO THE SENIOR CENTER
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the 20th
day of December, 1999 at 7:00 P.M.
Members Present:
Members Absent:
Member ------ introduced and Member ----- seconded the following:
WHEREAS, Castle Rock and Empire Townships have each donated $250 to be used to
offset the costs related to non-resident fees at the Senior Center; 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 donation of $250 from Castle Rock and $250 from Empire Townships to be
used as stated above.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 20th day of December, 1999.
Mayor
Attested to the 20 th day of December, 1999.
City Administrator
SEAL
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
lei
TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
Cost-of-Living Adjustment for Non-Represented Employees
DATE:
December 20, 1999
INTRODUCTION
The City typically approves cost-of-living adjustments for non-represented employees at the last regular
Council meeting of the calendar year for the following year. These adjustments would take place effective
January 1,2000.
DISCUSSION
Cost-of-living adjustments for non-bargaining employees have been reviewed and are proposed at three (3)
percent for fiscal year 2000, effective January 1,2000. Non-bargaining employees for purposes of this cost-of-
living adjustment include confidential and non-represented employees, supervisory staff, and senior-level
management personnel. Surveys of metropolitan cities, regional economic factors and other wage and benefit
data support the proposed annual wage adjustment.
All other employees belong to collective bargaining units which requires the City to formally negotiate changes
in the terms and conditions of employment through the collective bargaining process. City labor negotiations
with organized bargaining units includes a similar three (3) percent increase offer in wages for 2000.
In discussions with the City Attorney, Council member Verch should abstain from voting on the attached
resolution as this cost-of-living adjustment will directly affect his compensation as a member of the Farmington
Fire Department.
BUDGET IMPACT
Funding for cost-of-living adjustments is included in the 2000 City Budget.
ACTION REQUESTED
Adopt the attached resolution approving a three (3) percent wage adjustment effective January 1,2000 for non-
represented City employees.
ubmitted,
RESOLUTION R-
APPROVING COST-OF-LIVING ADJUSTMENTS FOR ALL NON-REPRESENTED
EMPLOYEES FOR CALENDAR YEAR 2000
WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to recognize annual
inflationary increases in cost-of-living standards as measured by the Consumer Price Index (CPI), and
regional economic and market-based indicators; and
WHEREAS, the annual percentage adjustments of three (3) percent effective January 1, 2000 are
within the expenditure guidelines established in the 2000 Budget; and
WHEREAS, non-bargaining employees are defined as those public employees not formally
represented by an exclusive bargaining group as defined under Minnesota Statute.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost-of-living
adjustments of three (3) percent effective January 1,2000 for all non-represented employees.
Adopted this 20th day of December, 1999.
Gerald Ristow, Mayor
Attest:
John 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
7e
TO:
Mayor, Councilmembers, City Administratolif3t-
James Bell, Parks and Recreation Director
FROM:
SUBJECT:
Adopt Ordinance - Amending Title 11, Chapter 4, Section 1 - Park and Trail
Dedication Requirements
DATE:
December 20, 1999
INTRODUCTION
Staff has discovered that, a portion of the current City code title 11, Chapter 4, Section 1 (F) is not
consistent with the Council adopted City Fee Schedule relative to park dedication requirements. Amending
this section of the ordinance will bring consistency to both ordinance and resolution covering Park
Dedication Fees.
DISCUSSION
The attached ordinance contains outdated language that is inconsistent with annually adopted City Fee
Resolution. In review with the City attorney, it is suggested that the ordinance reference the Council
adopted Fee Schedule. Essentially, this change is a house keeping correction to ensure consistency
between corresponding documents.
To be consistent with other sections of the Farmington City Code, Council should consider amending the
ordinance to the Council approved fee schedule.
ACTION REOUESTED
Council adoption of the attached revisions to Title 11, Chapter 4, Section 1 (F) of the Farmington City
Code.
Respectfully submitted,
~~~
James Bell
Parks and Recreation Director
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 11, CHAPTER 4
OF THE FARMINGTON CITY CODE CONCERNING
PARKLAND AND TRAIL DEDICATION REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 11-4-9 (F) of the Farmington City Code is amended to read as follows:
(F) In residential plats, parkland dedication shall be twelve and one-half percent (12.5%) of the gross
land area. The dedication for commercial and industrial development shall be five percent (5%)
of the gross land area.
1. Where the City Council elects to take cash in lieu of land, the contribution shall be based
upon the felle'l:iag seReal:llecurrent Council approved fee schedule:
MUS,^, ,^,rea
}>lea MUS,^, :\-rea
Cemmereial/la9Hskial
$19,gggJ)(,},~ere
4,gg9.g(,},~ere
259.g(,}/aere
SECTION 2. Effective Date. This ordinance shall take effect immediately upon its passage and
publication.
ADOPTED this
day of
,19_
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
ATTEST:
John F. Erar, City Administrator
Approved as to form the _ day of
,19_.
City Attorney
SEAL
Published in the Farmington Independent the _ day of
, 19 .
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/f
FROM:
Mayor, Councilmembers, City Administrato~
Robin Roland, Finance Director
TO:
SUBJECT:
LMCIT Excess Liability Coverage
DATE:
December 20, 1999
INTRODUCTION
The City has historically purchased excess liability coverage as part of its insurance coverage.
Accordingly, the City must decide annually whether or not to waive statutory liability limits to the
extent of the excess coverage purchased.
DISCUSSION
LMCIT's basic liability coverage provides limits of $750,000 per occurrence, but offers cities the
option of additional liability coverage. As in recent years, the City has chosen under its insurance
coverage for 2000 to accept excess liability coverage limits of $2,000,000 from the League of
Minnesota Cities Insurance Trust. In accepting this excess liability coverage, the City protects
itself from liability claims which are not covered by the statutory limits. The election not to waive
the liability limits results in a 25% reduction of the City's premium for this excess coverage.
ACTION REQUIRED
The City Council should adopt a motion electing NOT TO WAIVE the monetary limits on tort
liability established by Minnesota Statutes 466.04.
~4/-/
. 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
&
TO: Mayor, Councilmembers, City Administrato~
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Approve Nextel Lease Agreement
DATE: December 20,1999
INTRODUCTION
Attached for Council's review and approval is a lease agreement between the City and Nextel
West Corp. for antenna installation on the Daisy Knoll Water Tower in Nelsen Hills.
DISCUSSION
The Water Board, Engineering staff and the City Attorney's office has concluded review and
negotiations for a lease with Nextel for the installation of antennas on the Daisy Knoll Water
Tower. The terms of the lease are typical. While the tower is a Water Board asset, it is
necessary for the Council to approve the lease since legally, the City Council is the
landowner.
BUDGET IMPACT
The lease amount is $918 per month with a yearly 5% increase. This revenue will be
recognized in the Water Fund.
ACTION REOUESTED
Approve the attached lease between the City and Nextel West Corp. for installation of
antennas on the Daisy Knoll Water Tower.
Respectfully submitted,
x.)rl~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
Nextel Site I.D.#: MN0201
Site Name: Daisy Knoll, Farmington Water Tower
COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATIONS SITE LEASE AGREEMENT ("this Lease Agreement)" is
entered into this _day of , 1999 between the CITY OF
FARMINGTON, a Minnesota municipal corporation, and the FARMINGTON WATER
BOARD, a Minnesota public utility commission (hereinafter collectively referred to as
"Landlord"), and NEXTEL WEST CORP., a Delaware corporation, whose address 9401 James
Avenue South, Suite 180, Bloomington, MN 55431, ("Tenant").
FOR GOOD AND VALUABLE CONSIDERATION, the parties agree as follows:
I. PROPERTY AND PREMISES. Subject to the following terms and conditions, Landlord
leases to Tenant certain space on Landlord's Daisy Knoll water tower (the "Tower"), and space
adjacent to the Tower, subject to all existing easements, (collectively referred to as the
"Premises") together with appurtenant non-exclusive easements for access and utilities on
Landlord's Property located at 18515 Pilot Knob Road, Farmington, Minnesota, 55024 (the
"Property") on a non-exclusive basis. The property is legally described on Exhibit "A", attached
hereto and the Premises are described on Exhibit "B", attached hereto, both of which are made a
part hereof. The primary purpose of Landlord's ownership of the Property is to: (a) operate and
maintain a municipal water tower so as to provide water service to residents of Farmington; and
(b) to provide communication systems to the City of Farmington and other radio tenants.
2. TERM. The term of this Lease shall be five (5) years, commencing on December 1,
1999, or the date Tenant begins construction of the site with Landlord's approval, (the
"Commencement Date") and ending midnight on the last day of the 5-year term. Tenant shall
have the right to extend this Lease for two (2) additional five (5) year terms ("Renewal Term").
The Renewal Term shall be on the same terms and conditions as set forth herein except for rental
adjustments as provided in Paragraph 3, Rent, below. Tenant shall have elected to renew this
Lease for a Renewal Term unless it gives Landlord written notice of its intention not to renew at
least ninety (90) days prior to the expiration of the term.
3. RENT.
a. Upon Commencement Date, Tenant shall pay Landlord, as rent, the following
sums ("Rent"):
Based on Tenant's initial installation as described in Exhibit "C", attached hereto, the annual rent
on Commencement Date shall be Nine Hundred and Eighteen Dollars ($918) per month,
provided that Tenant may not add additional equipment cabinets and/or antennas from that
shown on Exhibit "C" without the approval of the Landlord, which approval shall not be
unreasonably withheld or delayed. This provision shall not apply to replacement equipment
resulting from technology changes or repairs. There shall be additional Rent charged for the
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additional equipment and/or antennas that are installed based upon the amount of new equipment
or antennas in proportion to the then current Rent under this Lease and other similar
communication sites in Farmington.
b. Rent shall be increased on each anniversary of the Commencement Date by an
amount equal to five (5) percent of the Rent for the previous year.
c. If this Lease is terminated at any time other than on the last day of a month, Rent
shall be prorated, based on a thirty day month, as of the date of termination, and in the event of
termination for any reason other than nonpayment of Rent, or Tenant's default, all prepaid Rent
shall be refunded to Tenant.
d. In addition to Rent, Tenant agrees to timely pay its pro rata share of any taxes or
payment in lieu of taxes required as a result of this Lease and Landlord shall provide Tenant with
reasonable documentation of any taxes required to be paid by Tenant. Tenant's pro rata share of
such taxes shall be calculated by a percentage, such percentage shall be based upon Tenant's
proportionate share of the total rent paid to City by all tenants on the Property that are also
required to pay such taxes.
4. GOVERNMENTAL APPROVAL CONTINGENCY.
a. Tenant Application. Tenant's right to use the Premises is expressly made
contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be
required by any federal, state, or local authority. This shall include the engineering study
specified in Subparagraph 4(b) below on the Tower to be conducted at Tenant's expense.
Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall
take no action which would adversely affect the status of the Premises with respect to the
Tenant's proposed use thereof.
b. Interference Studv. Prior to the Commencement Date and before initial
installation of any structure or facilities, Tenant must pay for the reasonable cost of (i) a radio
frequency interference study carried out by the City's communications consultant showing that
Tenant's intended use will not interfere with any existing communications facilities ~d (ii) an
engineering study showing that the Tower is able to support Tenant's Antenna Facilities, as
defined in Subparagraph 5(a), without prejudice to the City's use of the Tower. If the study finds
that there is potential for interference that cannot be reasonably remedied or for prejudice to the
Tower, Landlord may terminate this Lease immediately and refund Rent paid for any months
Tenant did not occupy the Premises.
c. Non-approval. In the event that any application necessary under Subparagraph
4(a) above is finally rejected or any certificate, permit, license or approval issued to Tenant is
cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so
that Tenant, in its sole discretion, will be unable to use the Premises for its intended purposes,
Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if
made pursuant to Subparagraph 3(a) above. Notice of Tenant's exercise of its right to terminate
shall be given to Landlord. Except as required under Subparagraph 10(d) below, upon such
termination, this Lease shall become null and void and the parties shall have no further
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obligations to each other.
5. USE.
a. Subject to the terms of this Lease, and the recommendations of the City's
communications consultant which recommendations are made in writing and attached to this
Lease as Exhibit "E", the Premises may be used by Tenant solely for the purposes of installing,
removing, maintaining, and operating certain communications facilities in accordance with
Exhibit "C", subject to such modification and alterations as may result from changes or
improvements in technology (collectively the "Communications Facility") and in accordance
with the transmission and reception of wireless communication signals authorized for use by
Tenant by the Federal Communications Commission ("FCC"). Except for Tenant's use of the
Premises, this use is non-exclusive, and Landlord reserves the right to allow the Property to be
used by others, and to make additions, deletions or modifications to its own facilities on the
Property. Tenant shall comply with all ordinances, statutes and regulations of local, state and
federal agencies.
b. Tenant, its agents and contractors, are hereby granted the right, prior to the full
execution of this Lease Agreement, at its sole cost and expense, to enter upon the Property and
conduct such studies as Tenant deems necessary to determine the Property's suitability for
Tenant's intended use. These studies may include surveys, soil tests, environmental evaluations,
radio wave propagation measurements, field strength tests and such other analyses and studies as
Tenant deems necessary or desirable.
c. The placement of the equipment cabinets and the manner in which the antennas
are attached to the Tower shall be subject to the prior approval of the Landlord, which approval
shall not be unreasonably withheld. Landlord shall, at all times, use reasonable efforts to provide
Tenant ingress, egress, and access from an open and improved public road. Landlord agrees to
issue Tenant a key for the gate to the site. Tenant will not allow any mechanics' or materialmen's
liens to be placed on the Property as a result of its work on the Property.
d. Landlord agrees to give reasonable advance notice of any major repair or
maintenance activities related to Tower operations. In the case of an emergency, notification is
not required; however, Tenant will be notified as soon as possible of a recognized emergency. In
the event that use of the Tower for water service, or use of the Tower to perform any necessary
maintenance or repair, is interrupted or made impractical because of Tenant's antenna usage on
the Tower, the City may interrupt Tenant's use of the Premises as reasonably necessary to
prevent interruption of water service or interruption of maintenance and repair of the Tower.
The City will use its best efforts to prevent or minimize interruptions to Tenant's use. Landlord
shall not be liable to Tenant or any other party for any interruption in Tenant's service or
interference with Tenant's operation of Tenant's Antenna Facilities.
e. Tenant agrees that if its communications equipment produces noise levels that
cause a disturbance to the surrounding neighbors of the Property, Tenant will at its own expense
install noise mitigating equipment or a buffer to meet State noise standards.
f. All modifications to the Premises and all improvements made for Tenant's benefit
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shall be at the Tenant's expense and such improvements, including antenna, facilities and
equipment, shall be maintained in a good state of repair, at least equal to the standard of
maintenance of the Landlord's facilities on or adjacent to the Premises, and secured by Tenant. If
Tenant's Antenna Facilities are mounted on the Tower they shall, at all times, be painted, at
Tenant's expense, the same color as the Tower.
6. FACILITIES.
a. Landlord agrees to maintain and operate the Property in accordance with good
engineering practices and with all applicable FCC rules and regulations and to cause all other site
users and users of the Property, where feasible, to do the same.
b. Tenant agrees to install equipment as described in Exhibit "C", attached hereto,
("Tenant's Antenna Facilities") in compliance with all FCC rules and regulations and good
engineering practices. Any damage done to the Premises by Tenant or it's contractors during
installation or during operations shall be repaired at Tenant's expense within thirty (30) days
after written notification of damage. Tenant shall complete its initial installation in a timely
fashion. Landlord shall inspect Tenant's initial installation, and any subsequent operating
changes made by Tenant, and shall notify Tenant of any punch list items that must be completed.
Tenant shall complete all punch list items within thirty (30) days after receipt of written
notification by the Landlord, or some later date approved in writing by Landlord. Failure to
complete the punch list items shall constitute a material breach of this Lease, and Landlord shall
be entitled to terminate this Lease as provided in Section lO(a)(i) of this Lease. Tenant agrees
that Tenant's Antenna Facilities will be of types and frequencies which will not cause radio
frequency interference to Landlord or to any other Lessees of the premises, provided that
Landlord, all Lessees and other users of the Property are in full compliance with Paragraph 6 (a)
above. In the event such interference does occur, and Tenant is advised of such interference,
Tenant shall eliminate such interference within twenty-four (24) hours or cease using the
equipment causing the interference except for short tests necessary for the elimination of the
interference. It is further agreed that Landlord in no way guarantees to Tenant non-interference
to the operation of Tenant's equipment. Landlord will use its best efforts to notify other users of
interference, and to coordinate elimination of interference among site users. If Tenant clearly
demonstrates the primary cause of the interference to be the property of Landlord or another
user, Landlord will notify the other user to eliminate the interference within 24 hours or cease
using the equipment causing the interference.
c. Prior to adding additional transmitter or receiver frequencies on the premises,
Tenant agrees to notify the Landlord of the modified frequencies so that the Landlord can
perform the necessary interference studies to insure that the modified frequencies will not cause
harmful radio interference to other existing Premises leases. Tenant will be required to pay the
reasonable costs for said study which will be performed by Landlord's registered professional
communications engineer. In the alternative, Tenant may perform the interference studies and
submit the results to the City. However, the City, in its sole discretion, shall retain the right
provided herein to submit the study results to its registered professional communications
engineer for review at Tenant's expense.
d. Tenant shall be solely responsible for any taxes on its personal property.
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e. Tenant shall provide Landlord with as-built drawings of the equipment and
improvements installed on the Premises, which show the actual location of the Tenant's Antenna
Facilities. Said drawings shall be accompanied by a complete and detailed inventory of Tenant's
antennas, mounting equipment, lines and shelter, exclusive of proprietary equipment, actually
placed on the Premises.
f. Tenant shall, at its own expense, maintain any equipment on or attached to the.
Premises in a safe condition, in good repair and in a manner reasonably suitable to Landlord so
as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not
unreasonably interfere with the operations of other tenants using the Tower and shall not
interfere with the working use of the water storage facilities thereon or to be placed thereon by
Landlord.
g. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional
Landlord expenses incurred in maintaining the Premises, including painting or other maintenance
of the Tower, that are caused by Tenant's occupancy of the Premises.
7. UTILITY SERVICE. Tenant agrees to timely pay for and install all required utility
services and meters. Payment for electric and/or telephone service for Tenant's Antenna
Facilities shall be Tenant's responsibility without any adjustment to rent. The Landlord shall not
be responsible for any damages which occur as a result of interruption of utility services. In the
event of loss of electric services due to a power outage, Landlord hereby agrees and permits
Tenant to temporarily bring onto the Property a portable backup generator, which operates within
applicable noise standards adopted by the Minnesota Pollution Control Agency, until such time
as electric services should reasonably have been restored.
8. ADV ANCES IN TECHNOLOGY. As technology advances and improved antennas are
developed which are routinely used in Tenant's business, Landlord may require, in its reasonable
discretion and after Tenant's prior written approval, which approval shall not be unreasonably
withheld, the replacement of existing antennas with the improved antennas if the new antennas
are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation
and use of the improved antennas are practical and technically feasible at this location.
9. ADDITIONAL BUILDINGS. Tenant acknowledges that Landlord may permit
additional buildings to be constructed on the Property described in Exhibit "A". At such time as
this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's
buildings and will allow "attachments" to its building so as to give the appearance that all
buildings are a connected facility. Said attachments will be made at no cost to Tenant, will not
impede Tenant's ingress or egress to Tenant's Antenna Facilities and will not compromise the
structural integrity of Tenant's building.
10. TERMINATION.
a. Except as otherwise provided herein, this lease may be terminated, without
penalty or further liability, on sixty (60) days written notice as follows:
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1. by either party upon a default of any covenant or term hereof by the other party
which default is not cured within sixty (60) days of receipt of written notice of
default (without, however, limiting any other rights available to the parties
pursuant to any other provisions hereof);
11. by Tenant if it is unable to obtain or maintain any license, permit or other
Governmental Approval necessary to the installation and/or operation of Tenant's
Antenna or Tenant's business;
Ill. by Tenant if the Property is or becomes unacceptable under Landlord's design or
engineering specifications for Tenant's Antenna Facilities or the communications
system to which Tenant's Antenna Facilities belong;
tv. by Landlord in the event that the use of the Tower for water service is jeopardized
because of antenna usage on the Tower;
v. upon 180 days written notice by Landlord, if its Council decides, for any reason,
to redevelop the Premises and/or discontinue use of the Tower for all purposes;
VI. by Landlord if it determines that the Tower is structurally unsound, including, but
not limited to, consideration of age of the Tower, damage or destruction of all or
part of the Tower on the Premises from any source, or factors relating to condition
of the Premises; or
Vll. by Landlord if its determines that Tenant has failed to comply with applicable
ordinances, or state or federal law, or any conditions attached to government
approvals granted thereunder, and the failure to comply is not cured within sixty
(60) days of receipt of written notice of failure to comply, and after a public
hearing before the Landlord's Council.
b. Notice of Termination. The parties shall give notice of termination in writing by
certified mail, return receipt requested or by nationally recognized overnight courier. Such
notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the
Lease prior to said termination date shall be retained by Landlord.
c. Tenant's Liability for Earlv Termination. If Tenant terminates this Lease other
than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for
early termination, 150% of the annual Rent for the year in which Tenant terminates, unless
Tenant terminates during the last year of any Term under Paragraph 4 and Tenant has paid the
annual rental for that year.
d. Site Restoration. Upon termination of this Lease, Tenant shall, within ninety (90)
days thereof, remove all of its equipment cabinets from the Premises, and its transmission lines
and antennas from the Tower. Tenant, at its expense, agrees to return the Premises and the
Tower surface where Tenant's Antenna Facilities have been to their original condition, ordinary
wear and tear excepted. Upon the commencement of this Lease, Tenant shall deposit with
Landlord the sum of $5,000.00, which shall be fully refunded to Tenant, including a reasonable
rate of interest the amount of which to be determined by the City, upon the timely removal of
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Tenant's Antenna Facilities, and related equipment, the repair of the site and the restoration of
the Tower surface to the reasonable satisfaction of the Landlord. Any of Tenant's property
remaining on the Premises or the Tower ninety (90) days after the expiration or the termination
of this Lease shall become the property of Landlord free of any claim by Tenant, or any person
claiming through Tenant, except any lienholder/Collateral Agent of Tenant's property. Landlord
shall have the right to remove and store Tenant's Antenna Facilities, and Tenant shall be liable to
Landlord for removal and storage costs. Tenant has notified Landlord that the following entities
have an interest in Tenant's Antenna Facilities and related equipment because of financing
arrangements:
Chase Manhattan Bank, N.A., as Collateral Agent
Attn: Tracy Navin
One Chase Manhattan Plaza, Fourth Floor
New York, NY 10081
If Landlord removes Tenant's Antenna Facilities or related equipment, Landlord must give
written notice to the above entity at the address provided, informing it that Tenant's Antenna
Facilities or related equipment has been removed and will be deemed abandoned if not claimed
and storage and removal fees paid within sixty (60) days].
11. INSURANCE.
a. Worker's Compensation. The Tenant must maintain Workers' Compensation
insurance in compliance with all applicable statutes. The policy shall also provide Employer's
Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000
Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee.
b. General Liability. The Tenant must maintain an occurrence form comprehensive
general liability coverage. Tenant may self-insure for the amounts and types of insurance
required by this Section 11 (b). If Tenant elects to self-insure, Tenant shall notify Landlord of its
intent to self-insure, and shall receive Landlord's prior written approval, which approval shall not
be unreasonably withheld. Such coverage shall include, but not be limited to, bodily injury,
property damage -- broad form, and personal injury, for the hazards of Premises/Operation,
broad form contractual, independent contractors, and products/completed operations.
The Tenant must maintain aforementioned comprehensive general liability coverage with
limits of liability not less than $5,000,000 each occurrence; $1,000,000 personal and advertising
injury; $5,000,000 general aggregate, and $2,000,000 products and completed operations
aggregate. These limits may be satisfied by the comprehensive general liability coverage or in
combination with an umbrella or excess liability policy, provided coverage afforded by the
umbrella or excess policy are no less than the underlying comprehensive general liability
coverages.
Tenant will maintain Completed Operations coverage for a minimum of two years after
the construction is completed.
c. Automobile Liabilitv. The Tenant must carry Automobile Liability coverage.
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Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage
Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under
the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided
coverage of rides afforded by the Umbrella Excess Policy are no less than the underlying
Commercial Auto Liability coverage.
Coverage shall be provided by Bodily Injury and Property Damage for the ownership,
use, maintenance or operation of all owned, non-owned and hired automobiles.
The Commercial Automobile Policy shall include at least statutory personal Injury
protection, uninsured motorists and underinsured motorists coverages.
d. Tenant Propertv Insurance. The Tenant must keep in force for the dtiration of the
Lease a policy covering damages to its property at the Premises. The amount of coverage shall
be sufficient to replace the damaged property, loss of use and comply with any ordinance or law
requirements.
e. Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to
tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a
company (rated A+ or better), licensed to do business in the State of Minnesota, which includes
all coverages required in this Paragraph 11. Tenant will list the Landlord as an Additional
Insured on the General Liability and Commercial Automobile Liability Policies. The
Certificate(s) shall also provide the coverage may not be cancelled, non-renewed, or material
changed without thirty (30) days prior written notice to the Landlord.
f. Landlord Insurance. Landlord represents that it is a municipality under Minn.
Stat. ~ 466.01 and, on the Commencement Date of this Lease, is insured through the League of
Minnesota Cities Insurance Trust.
12. DEFENSE AND INDEMNIFICATION.
a. General. Tenant agrees to defend, indemnify and hold harmless Landlord and its
elected officials, officers, employees, agents, and representatives, from and against any and all
claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable
attorneys' fees and other costs and expenses of litigation, which may be asserted against or
incurred by Landlord or for which Landlord may be liable in the performance of this Lease,
except those which arise solely from the negligence, willful misconduct, or other fault of
Landlord. Tenant shall defend all claims arising out of the installation, operation, use,
maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related
facilities on the Premises.
b. Hazardous Materials. Without limiting the scope of Subparagraph 12(a) above,
Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents,
and employees harmless from and against any and all claims, costs, and liabilities, including
attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the
Premises associated with the Tenant's use of Hazardous Materials. For the purposes of this
Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without
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limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in
any federal, state, or local environmental or safety law or regulations including, but not limited
to, CERCLA. Landlord agrees that it will not, and will not permit any third party to use,
generate, store or dispose of any Hazardous Material on, under, about or within the Property in
violation of any law or regulation.
c. Tenant's Warranty. Tenant represents and warrants that its use of the Premises
will not generate and Tenant will not store or dispose of on the Premises, nor transport to or over
the Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in
writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as
Tenant becomes aware of the existence of Hazardous Materials on the Premises. Landlord
acknowledges Tenant has notified Landlord it will store "gel cell" back-up batteries on the
Premises. The obligations of this Paragraph 12 shall survive the expiration or other termination
of this Lease.
d. Landlord's Responsibilitv. Landlord will be solely responsible for any claims,
costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection
with the removal, cleanup or restoration of the Property with respect to Hazardous Materials
from any and all sources other than those Hazardous Materials introduced to the Property by
Tenant, its officers, employees, agents, representatives, successors or assigns.
13. DEFAULT. Except as expressly limited hereby, Landlord and Tenant shall have such
remedies for the default of the other party hereto as may be provided at law or equity following
written notice of such default and failure to cure the same within thirty (30) days.
14. LIMITATION OF LANDLORD'S LIABILITY. If Landlord terminates this Lease other
than as of right as provided in this Lease, or Landlord causes interruption of the business of
Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant
shall be limited to the actual and direct costs of equipment removal and repair and shall
specifically exclude any recovery for value of the business of Tenant as a going concern, future
expectation of profits, loss of business or profit or related damages to Tenant.
15. ASSIGNMENT. Tenant may not assign, sublet or otherwise transfer all or any part of its
interest in this Lease without the prior written consent of Landlord; provided, however, that
Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent
company or to any successor-in-interest or entity acquiring fifty-one percent (51 %) or more of its
stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth in
Paragraph 20 below. Notwithstanding anything to the contrary contained in this Lease, Tenant
may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in
this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant (i)
has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations
evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or
with respect to letters of credit, bankers acceptances and similar facilities or in respect of
guaranties thereof. Landlord may assign this Lease upon written notice to Tenant, subject to the
assignee assuming all of Landlord's obligations herein, including but not limited to, those set
forth in Paragraph 20 below.
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16. QUIET ENJOYMENT. Tenant, upon paying rent, shall peaceably and quietly have, hold
and enjoy the Property.
17. DAMAGE OR DESTRUCTION. If the Property or any portion thereof are destroyed or
damaged so as to materially hinder effective use of Tenant's Antenna Facilities through no fault
or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) day's written
notice to Landlord. In such event, all rights and obligations of the parties shall cease as of the
date of the damage or destruction and Tenant shall be entitled to the reimbursement of any rent
prepaid by Tenant.
18. CONDEMNATION. In the event the whole of the Premises is taken by eminent domain,
this Lease shall terminate as of the date title to the Premises vests in the condemning authority.
In event a portion of the Premises is taken by eminent domain, either party shall have the right to
terminate this Lease as of the date oftitle transfer, by giving thirty (30) days' written notice to the
other party. In the event of any taking under the power of eminent domain, Tenant shall not be
entitled to any portion of the reward paid for the taking and the Landlord shall receive full
amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof.
Although all damages, whether awarded as compensation for diminution in value of the
leasehold or to the fee of the Premises, shall belong to Landlord, Tenant shall have the right to
claim and recover from the condemning authority, but not from Landlord, such compensation as
may be separately awarded or recoverable by Tenant on account or any and all damage to
Tenant's business and any costs or expenses incurred by Tenant in moving/removing its
equipment, personal property, Tenant's Antenna Facilities, and leasehold improvements.
19. NOTICES. All notices, requests, demands, and other communications hereunder shall be
in writing and shall be deemed given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses:
If to Landlord:
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
with copy to:
Farmington City Attorney
Campbell Knutson P .A.
317 Eagandale Office Center
13 80 Corporate Center Curve
Eagan, Minnesota 55121
If to Tenant:
Nextel West Corp.
9401 James Avenue South, Suite 180
Bloomington, MN 55431
Attn: Property Specialist
10
70262.05
FarminglanlUS __LLC
Nelson HIl. (PCS)
Rev:AMP11/1!l199
with copy to:
Nextel Communications
2001 Edmund Halley Drive
Reston, VA 20191-3436
Attn: Legal Department, Contracts Manager
20. WAIVER OF LANDLORD'S LIEN.
a. Landlord waives any lien rights it may have concerning the Tenant's Antenna
Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right
to remove the same at any time without Landlord's consent.
b. Landlord acknowledges that Tenant has entered into a financing arrangement
including promissory notes and financial and security agreements for the financing of the
Tenant's Facilities (the "Collateral") with a third party financing entity (and may in the future
enter into additional financing arrangements with other financing entities). In connection
therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in
the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from
execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and
that such Collateral may be removed at any time without recourse to legal proceedings.
21. MISCELLANEOUS:
a. Authority. Each of the individuals executing this Lease on behalf of the Tenant or
the Landlord represents to the other party that such individual is authorized to do so by requisite
action of the party to this Lease. Landlord represents and warrants that it has good and
marketable title to the Landlord's Property.
b. Title Insurance. Tenant may obtain title insurance on its interest in the Premises
as a result of this Lease.
d. Complete Lease: Amendments. This Agreement supersedes all prior discussions
and negotiations and contains all agreements and understandings between the Landlord and
Tenant. This Agreement may only be amended in writing signed by all parties. Exhibits "A"
through "C" are incorporated into this Agreement by reference.
e.
hereto.
Counterparts. This Agreement may be signed in counterparts by the parties
f. Binding Effect. The terms and conditions of this Agreement shall extend to and
bind the heirs, personal representatives, successors and assigns of Landlord and Tenant.
g. Enforcement and Attornevs' Fees. The prevailing party in any action or
proceeding in court to enforce the terms of this Agreement shall be entitled to receive its
reasonable attorney's fees and other reasonable costs and expenses from the non-prevailing party.
h. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Minnesota.
11
70262.05
FamingtonlUS Weal \\1.-. UC
Nelson Hills (PCS)
Rev:AMP1111&99
i. Memorandum. Upon request by either party, the parties agree to promptly
execute and deliver a recordable Memorandum of this Lease Agreement in the form attached
hereto as Exhibit D, and may be recorded by the requesting party.
j. Severability. If any term of this Lease is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Lease, which shall continue in full force
and effect.
12
70262.05
F_ngtorIUS We&< I'.lreless LLC
Nelson Hills (PCS)
Rev:AMP1111&199
IN WITNESS WHEREOF the parties hereto have executed this Lease Agreement the day and
year first above written.
LANDLORD:
CITY OF FARMINGTON, a Minnesota
municipal corporation
BY:
Gerald Ristow, Mayor
AND
John F. Erar, City Administrator
FARMINGTON WATER BOARD, a Minnesota
Public Utility Commission
BY:
Robert Shirley, Chairman
TENANT:
NEXTEL WEST CORP., a Delaware corporation
BY: ~-AJ1~
. Mark B. Nelson, Vice President
70262.05
13
Rev:AMP1111&'99
F"","nglorlUS WOSI _llC
Nelson Hils (PCS)
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1999, by Gerald Ristow and John F. Erar, the Mayor and City
Administrator of the City of Farmington, a Minnesota municipal corporation, on its behalf.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1999, by Robert Shirley, the Chairman of the Farmington Water
Board, a Minnesota public utility commission under Minn. Stat. Sections 412.321-.391, on its
behalf.
Notary Public
Lv M HI JJ (fro,J
STATE OF MlNNESOTf,. J)
) ss.
COUNTY OF J:!J JJ cr )
'r-.... The foregoing instrument was acknowledged before me this ~h cJ day of
c:::::L../.....tvL..('()hJ-Y' , 1999, by Mark B. Nelson, Vice President of Nextel West Corp., a
Delaware corporation, on its behalf.
d~
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14
70262.05
Farminglcn'US WesI WreIess llC
Nelson Hils (PCS)
Rev:AMP11/18t99
Exhibit "A":
Exhibit "B":
Exhibit "C":
Exhibit "D":
Exhibit "E":
70262.05
Rev:AMP11/18199
LIST OF EXHIBITS
Legal Description of the Property.
Sketch and Description of the Premises.
Equipment/Initial Installation.
Memorandum Of Lease
Communication Consultant Recommendations
15
FlIlTll1gtorWSWost_LlC
NeIton Hih (PCS)
SITE ID #: MN020l
SITE NAME: Daisy Knoll Water Tower
EXHIBIT" A"
TO
COMMUNICATION SITE LEASE AGREEMENT
LEGAL DESCRIPTION OF LANDLORD'S PROPERTY:
Commencing at the Northeast comer of the Northeast Quarter of the Southeast Quarter of Section 14,
Township 114 North, Range 20 West, thence South 89 degrees 29 minutes 48 seconds West assumed
bearing along the North line of said Southeast Quarter a distance of 769.56 feet; thence South 00
degrees 06 minutes 32 seconds West parallel with the East line of said Southeast Quarter a distance
of 195.31 feet to the point of beginning; thence South 89 degrees 29 minutes 48 seconds West
parallel with the North line of said Southeast Quarter a distance of 20.00 feet; thence South 00
degrees 36 minutes 48 seconds East a distance of 20.00 feet; Thence North 89 degrees 29 minutes 48
seconds East parallel with the North line of said Southeast Quarter a distance of 20.00 feet; thence
North 00 degrees 36 minutes 48 seconds West a distance of20.00 feet to the point of beginning over
the following described property:
Commence at the Northeast comer of the Northeast Quarter of the Southeast Quarter of Section 14,
Township 114 North, Range 20 West, thence westerly along the North line of said Southeast Quarter
a distance of 950.00 feet, thence South parallel with the East line of said Southeast Quarter a distance
of 255.00 feet, thence Easterly parallel with the North line of said Southeast Quarter a distance of
200.00 feet, thence North parallel with the East line of said Southeast Quarter a distance of 215.00
feet, thence Easterly parallel with the North line of said Southeast Quarter a distance of 500.00 feet,
thence South parallel with the East line of said Southeast Quarter a distance of 160.00 feet, thence
Easterly parallel with the North line of said Southeast Quarter a distance of 250.00 feet to the East
line of said Southeast Quarter, thence North along the East line of said Southeast Quarter a distance
of 200.00 feet to the point of beginning, subject to a highway easement of 50.00 feet along the East
line of said Southeast Quarter.
Address:
18515 Pilot Knob Road
Farmington, Minnesota 55024
16
70262.05
FamirogllllWS West _lie
Nelson....s (PCS)
Rav:AMP11/1B/99
SITE ID #: MN0201
SITE NAME: Daisy Knoll Water Tower
EXHIBIT "B"
TO
COMMUNICATION SITE LEASE AGREEMENT
SKETCH AND DESCRIPTION OF THE PREMISES:
See approved construction plans dated 11/22/99, incorporated herein by reference.
17
70262.05
F8lTllingtOlV'US WesI VolI1liess LLC
Nelson Hills (PCS)
R..AMP11118/99
SITE ID #: MN0201
SITE NAME: Daisy Knoll Water Tower
EXHIBIT" C"
TO
COMMUNICATION SITE LEASE AGREEMENT
EQUIPMENTIINITIAL INSTALLATION:
The equipment Farmington approved for the initial installation at the Daisy Knoll Water Tower
is as follows:
I - Equipment Shelter (10' W x 20' L X II' H) with foundation per approved site plans on Exhibit
B of this Lease. Shelter includes 2 side-mounted air condition units, and internal electronic
equipment.
9 - Radio transmitting and receIvmg antennas, to include antenna mounts and associated
mounting hardware, to be mounted on the Water Tank (3 each mounted in 3 separate sectors)
Vendor: Antel Model #: 806-90-15-0
9 - Coax lines to and associated mounting hardware, to connect the electronics in the Equipment
Shelter with the 9 Antennas mounted on the Water Tower
I - Telephone conduit and cables in sufficient quantity required to connect the Equipment Shelter
with the telephone pedestal inside the Daisy Knoll Water Tower fenced site.
1 - Power conduit and cable of sufficient size to connect the Equipment Shelter with the power
transformer on the pole inside the Daisy Knoll Water Tower fenced site.
Associated bracketry and attachment hardware as utilized in the installation of Tenant's Antenna
Facilities.
--------------- End of List of Approved Equipment ------------------------------------------------
18
70262.05
Fonringtcn'US West IMOllesoUC
Neloon HIls (PCS)
Rev:AMP1111&'99
[(Reserved for Recording Data)
SITE ID #: MN020 1
SITE NAME: Daisy Knoll Water Tower
EXHIBIT "D"
TO
COMMUNICATION SITE LEASE AGREEMENT
MEMORANDUM OF LEASE
THIS MEMORANDUM evidences that a Communications Site Lease Agreement was made and
is hereby entered into by written Communications Site Lease Agreement effective the _ day
of , 1999, between the CITY OF FARMINGTON, a Minnesota municipal
corporation, and the F ARMINGTON WATER BOARD, a Minnesota public utility commission
(hereinafter collectively referred to as "Landlord") whose address is 325 Oak Street, Farmington,
MN 55024 and NEXTEL WEST CORP., a Delaware corporation ("Nextel"), whose address is
9401 James Avenue South, Suite 180, Bloomington, MN 55431, the terms and conditions of
which are incorporated herein by reference.
Such Communications Site Lease Agreement provides, in part, that Landlord, for valuable
consideration, leases to Nextel a part of that certain property owned by Landlord which is
described in Exhibit "A" attached hereto and incorporated herein for a term of five (5) years
commencing on December I, 1999, which term is subject to two (2) additional five (5) year
option terms.
70262.05
19
Rev.AMP11111W9
Flll1lWngloIYUS__LlC
Nelson Hils (PCS)
; I
II
: .
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II
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IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease this
day of , 1999.
LANDLORD:
CITY OF FARMINGTON, a Minnesota
municipal corporation
BY:
Gerald Ristow, Mayor
AND
John F. Erar, City Administrator
FARMINGTON WATER BOARD
BY:
Robert Shirley, Chairman
TENANT:
NEXTEL WEST CORP., a Delaware corporation
BY: ;J1~8-~
Mark B. Nelson, Vice President
,.'..... .
, . ~ "
- ,'; ~..':.:: '~:~ ~-.:;::;-:;.:;.~;~.?~.~.. ~."'~' :.:~~.:- : '. ~.
;' .~.:....:)~ ~ ~.;~:\:.:.: i~ ~ .~:...~~~::~:: :.~1.~.::..:~ -:': ~~. ~-.~~::: -::~:...~.:.::~ ":'.:~ :;":~'''~:~T?:'~ ~;:.~~.\~.~...(~~flI[fr"' ,"
Ii
i!
l;
STATE OF MINNESOTA )
) 55.
COUNTY OF )
:
: I
I
The foregoing instrument was acknowledged before me this day of
, 1999, by Gerald Ristow and John F. Erar, the Mayor and City
Administrator of the City of Farmington, a Minnesota municipal corporation, on its behalf.
Notary Public
i
I
j:
I:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1999, by Robert Shirley, the Chairman of the Farmington Water
Board, a public utilities commission under Minn. Stat. Sections 412.321-.391, on its behalf.
I
I'
I'
!
U-1 iU'fII tJ i: It' ~
STATE OF MINNCSOT )
I ~ . ) ss.
COUNTY OF /'C...J JJ Ii- )
, The foregoing instrument was acknowledged before me this ..!lnJ day of
:J:2t.Lu.llwr , 1999, by Mark B. Nelson, Vice President of Nextel West Corp., a
Delaware corporation, on its behalf.
{tJJ :d....- ~
otary ublic _- - ":~O\T H ~ '" I
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THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000]
. :"" ~:~. :_4~:,:.::.....: ::.: :~.:.:: ~:.:. ": :.:" . '~.~:'::,:_,: :'.: .:::-.:-; ,-:~:'.:.~::\: :~. ;:,:: :~: :~~~.::~._:~a:;.:.:._; ':~:~?~:~:~ :_:::~~.~ ~:;~.~.~-:: ~~:.>'. :~-~ :~',~; ~::_~~~,;~?#t~;~.~::-
SITE ID #: MN020 1
SITE NAME: Daisy Knoll Water Tower
EXHIBIT "E"
TO
COMMUNICATION SITE LEASE AGREEMENT
COMMUNICATIONS CONSULTANT RECOMMENDATIONS:
See Attached.
70262.05
22
Rev:AMPlll18199
F8ITT1lngtcxYUS _ _LLC
Nelson HIls (PCS)
OWL ENGINEERING & EMC TEST LABS, INC.
CONSULTING COMMUNICATIONS ENGINEERS
EMC TEST LABORATORIES
8899 Hulings St. I.E., Minneapolis, MN 55449
(&12) 785-4115. Fu (&12) 785-4631
"-797-1338
September 14, 1999
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
Dear Mr. Lee Mann:
I have completed the intermodulation study for the proposed Nextel Communications
faciiity proposed for the Neison Hills water tower. The intermodulation study did not show any
significant interference products. I will maintain the results in my files and update them if any
new facilities are added in the future.
Based on my review of the data it is my professional opinion that the Nextel Communications
facility should cause no interference to any communications frequencies presently used by your
City. If you have any questions in this matter please contact me directly.
Sincerely,
~ fr-L
Garrett G. Lysiak, P.E.
City of Farmington
325 Oak Street. Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
?,{,
TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
Appointment Recommendation - Liquor Store Operations
DATE:
December 20, 1999
INTRODUCTION
The recruitment and selection process for the appointment of a full-time Liquor Store Clerk in the Liquor
Store Operations Division has been completed. This existing opening was the result of a vacancy caused
by the departure of the incumbent.
DISCUSSION
After a thorough review of applicants for this position by the Liquor Store Operations management staff
and Personnel Office, an offer of employment has been made to Ms. Jennifer Hoeppner, subject to
ratification by the City Council.
Ms. Hoeppner has been working in the capacity of a part-time liquor store clerk with the City's Liquor
Store Operations since May, 1996. Ms. Hoeppner was an internal candidate for this position and has been
recognized for her hard work, excellent customer service skills and personal initiative. Jennifer's working
knowledge of the City's liquor retail sales operations will be especially valuable in her transition to this
full-time position.
Ms. Hoeppner's performance with the City during that time has been commendable and she is fully
qualified and capable to serve as a full-time liquor store clerk.
BUDGET IMPACT
Funding for this position is authorized in the 1999 Liquor Store Operations Budget.
RECOMMENDATION
Approve the appointment of Ms. Jennifer Hoeppner as a full-time Liquor Store Operations Clerk
effective December 20, 1999.
Respe:;t~~ed'
~. Em
~~ ldministrator
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
~~
TO: Mayor and Council Members
FROM: John F. Erar, City Administrator
SUBJECT: 1999-2003 CIP Project Completion and Status Report
DATE: December 20, 1999
INTRODUCTION
Council adopted the 1999-2003 Capital Improvement Plan on September 21, 1998. CIP projects
proposed in 1999 had anticipated expenditures of$4,616,980. The purpose of this staff report is
to provide Council with a year-end status report of projects authorized for completion in 1999.
DISCUSSION
The following table identifies projects that were originally adopted in the CIP for 1999, as well
as other significant capital improvement projects that were authorized by Council during 1999.
Mayor and Council
1999-2003 CIP Project Status Report
Page 2 of3
Mayor and Council
1999-2003 CIP Project Status Report
Page 3 of3
BUDGET IMPACT
Projects proposed in the CIP are underwritten by a variety of funding sources and are separately
reviewed and authorized by Council. Other Non-CIP projects are presented as supplemental to
the CIP, but follow similar project approval procedures in terms of individual Council review,
proposed financing and final approval.
ACTION REOUESTED
F or Council information.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~,
J
TO: Mayor, Councilmembers and City Administrato~
FROM: Ken Kuchera, Fire Chief
SUBJECT: Capital Outlay Purchase - Fire Department
DATE: December 20, 1999
INTRODUCTION
The Fire Department is planning to purchase five Quartz style 2 million candlepower
rechargeable spotlights.
DISCUSSION
The spotlights are handheld style, portable units with 12 volt chargers. Units will be placed in
Fire/Rescue units. The versatility ofthese units will enhance the Fire Department's abilities
during hours of darkness.
BUDGET IMPACT
Approved in the 1999 Capital Outlay Budget.
ACTION REOUESTED
For information only.
Respectfully submitted,
~ kJ~__
Ken Kuchera
Fire Chief
-- -- -
--
DEC-14-99 01:39 PM MCES EMPIRE PLANT 651 463 4930 P.01
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.,
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
IO~
TO:
Mayor, Councilmembers and
City Administrator f1t-
FROM:
Daniel M. Siebenaler
Chief of Police
SUBJECT:
Park and Ride request
Farmington Snow Tigers
DATE:
December 20, 1999
INTRODUCTION
The Farmington Snow Tigers snowmobile club has made a request that the City of Farmington authorize
the use of the City owned property at the comer of 1 95th St and Pilot Knob Road as a snowmobile park
and ride.
DISCUSSION
In an effort to cooperate with snowmobile enthusiasts and minimize potential problems for residents which
result in complaints, staff conducts annual meetings with representatives of the Farmington Snow Tigers to
discuss snowmobile routes and trails in the City. Agreement was reached on acceptable trails that meet the
needs of both snowmobilers and residents.
In 1998 the concept of a snowmobile park and ride was initiated in Farmington at the American Legion.
The experiment proved popular and successful. Riders could trailer their machines to the trailhead rather
than ride through the City thereby reducing residential noise and complaints.
The snowmobile club has requested the addition of a second park and ride at 195th and Pilot Knob Road.
This is the area surrounding the new water tower. The location gives easy access to three separate trails
with minimal disturbance to residential areas. The Club has acknowledged that this request is limited to
the period from December 1999 to March of 2000 and that no future permission is implied. The specific
area used would be the northwest comer of the property. In addition the club is requesting that the City of
Farmington provide snowplowing for the parking area described.
Staff has discussed the issue with the Water Board and the Public Works Department. The Water Board
has expressed a concern about a fire hydrant located between the tower and the well house. The location of
this hydrant will be marked with a flag as is common in other areas of town. The Public Works
Department has acknowledged that it will be able to plow the lot but that it will be done as the lowest
priority. In other words it will be the last area plowed and only as it can be fit into the work schedule of the
Department.
ACTION REOUESTED
Authorize the use of the City owned property at the intersection of 195th and Pilot Knob Road as a
snowmobile park and ride from December, 1999 through March, 2000.
Respectfully submitted,
Daniel M. Siebenaler
Chief of Police
Farmington Sno-Tigers
4628 235tb St. W.
Farmington, MN 55024
Gary D. Smith, Trails Director
December 1, 1999
Dan Siebenaler
Chief of Police
Farmington, MN 55024
Dear Mr. Siebenaler
The Farmington Sno- Tigers snowmobile club is making a great effort to develop and maintain a
safe and harmonious trail system in and around the Farmington area. It is because ofthis effort
that we are submitting a request to develop a "Park and Ride" area on or around the new city
water tower. The tower is located in the Southeast comer of 195tb St. and new Co. Rd. 31.
I am offering two choices for the exact location of the "Park and Ride". They are the following:
Using the driveway to the water tower and using an area to the south, south west of tower or to
the north of the tower.
The second choice would be the Northwest corner of the property at the intersection of 195tb St.
and Co. Rd. 31. This is the area where the construction trailers were parked during the road
project.
This is a temporary request and will last only for the months of December 1999 through March
2000.
We presently have a "Park and Ride" at the Farmington American Legion Club and it worked out
quite well last year.
Upon checking with our membership, I find that the Farmington Sno- Tigers do not have the
resources to remove the snow from the proposed parking lot. Checking with surrounding
communities I find that the city of Lakeville plows out two "Park and Rides" one at the King Park
on Dodd Blvd and the other at Casperson Park on Juno Tr. With this in mind I would like to ask
the city of Farmington to help with the snow removal.
Thank you for your consideration on this matter.
Respectfully Submitted
~~
Gary Smith, Trails Director
Farmington Sno- Tigers
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmin~on.mn.us
106
TO:
Mayor, Council Members,
City Administrat~
Lee Smick, AICP ,N f}
Planning Coordinator ~
FROM:
SUBJECT:
Michael Haley - Property Use Concerns
DATE:
December 20, 1999
INTRODUCTION
Mr. Michael Haley, 20521 Akin Road has recently addressed a letter to the City Council and the
Planning Commission concerning the Bongard Trucking site at 20522 Akin Road in Farmington,
Minnesota.
DISCUSSION
Mr. Haley is concerned at the deteriorating appearance of the site because of the storage of trucks,
overgrown weeds and litter on the property. He has requested that the City Council and Planning
Commission review the site and pursue the cleanup of the property.
City staff recommends that Mr. Haley's letter be referred back to the Planning Commission for their
discussion.
ACTION REOUESTED
Refer Mr. Haley's letter back to the Planning Commission for their review.
. Respectfully submitted,
..-----
q .~
',/.........~/....
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---.."... - '
Lee Smick, AICP
Planning Coordinator
cc: Mr. Michael Haley
Bongard Trucking
DEC-13-1999 09:16
RED WING SHOE
651 385 0897 P.01/01
December 13, 1999
To: Farmington City Council and Planning Commission
From: Michael T. Haley
20521 Akin Rd.
Farmington, MN.
651-463-3774
Re: Bongaurd Trucking
As we continue to grow and improve our city I find the future development of the
Akin Rd. area very appealing. My concern is and has been the deteriorating
appearance of Bongaurd Trucking located directly across the street from my home.
Several years ago I appeared before the planning commission to ask for help with
this issue. The city asked Mr. Bongaurd to keep all trucks behind the building and
take care of the garbage issues he bad at that time. Be did comply. Now, several
years later, one truck has been out front for over 5 months without ever being
moved. Another panel truck out front has been displayed for sale for quite some
time. Add to this broken down trucks on the side of the buDding, overgrown weeds
everywhere and litter you have an unsightly view from my home as well as the road.
With np coming new housing, schools and churcbes I feel it is time for a permanent
fix here. I ask again, please, let's get this mess cleaned up.
Thank .you for your cODsiderati~n.
~~-
Michael T. Baley
TOTAL P. 01
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/~
TO:
FROM:
Mayor, Councilmembers, City Administrato~_J
Robin Roland, Finance Director
SUBJECT:
Adopt Resolution - Establishing the Tax Levy for the year 2000 collectible
and Adopting the 2000 City Budget
DATE:
December 20, 1999
INTRODUCTION
The City Council adopted a proposed Tax Levy and budget for 2000 with Resolution R84-99 at
the Council meeting on September 7, 1999. This Tax Levy and Budget must now be finalized in
order that it may be certified to the County Treasurer/Auditor before December 28, 1999.
DISCUSSION
After Council reviewed the levy and budget, a Truth in Taxation Hearing was held at the City
Council meeting on December 6, 1999 pursuant to State Statute. Residents and other concerned
citizens were able to attend and express their opinions and concerns on the proposed budget and
tax levy. Council was present at this hearing and took under advisement all comments. The
Truth in Taxation hearing was closed without continuance, Council having heard all attendees'
opinions and concerns.
Certification of the Tax Levy by the attached resolution provides for the Tax Revenues to be
collected from all taxable property within Farmington. The proposed resolution also establishes
the 2000 Budget plan for funding all City expenditures. However, as discussed in the attached
memo, Council member Verch has a personal financial interest in that part of the City Budget and
Levy related to the compensation and retirement benefits provided to firefighters. In recognition of
that conflict, and the need for Council member Verch to excuse himself from participating in the
deliberations and decision regarding these aspects of the budget, as well as staffs desire that
Council member Verch be able to be as fully involved as legally possible in City fiscal matters, the
resolution prepared for Council consideration contemplates two separate votes on the budget and
levy. While this procedure is unique and has the potential for parliamentary problems should
there be negative votes on either the fire service portion of the budget/levy or the non-fire service
items, it is the City Attorney's opinion that it is the best means of accommodating the various
statutory requirements while ensuring that each Council member has the opportunity to participate
in City Council matters to the fullest legal extent.
ACTION REQUIRED
1. Motion to adopt the revenue and expenditure budget for 2000 and proposed tax levy,
excluding elements related to the City's fire service.
2. Motion to adopt the revenue and expenditure budget for 2000 and proposed tax levy related
to the City's fire service.
Respectfully submitted,
~#/
Finance Director
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
John Erar, City Administrator
FROM:
Joel Jamnik, City Attorney
SUBJECT:
Additional conflict of interest information
DATE:
December 20, 1999
INTRODUCTION
The law regarding conflicts of interest is one of the most challenging areas of municipal law to
provide training to local officials.
It is a relatively simple matter to discuss the law, since only a few statutes and court cases are
involved in establishing the rules regarding conflicts of interest. The real problem is trying to apply
the rules to the wide variety of fact situations encountered by local officials.
LEGAL DISCUSSION
As stated in the orientation manual, the general rule is that a city council member may not have a
personal financial interest in a sale, lease, or contract with the city, nor personally benefit financially
therefrom. (Minn. Stat. 99412.311 and 471.87) The personal financial interest can be either direct
or indirect, which means that city contracts with family members or business associates of a
council member are covered by the law as well as contracts where the councilmember is actually a
party .
Every councilmember who violates this provision is guilty of a gross misdemeanor, which may carry
a penalty up to a $3,000 fine and one year in jail.
However, the law allows for certain limited exceptions. The city council "by unanimous vote, may
contract for goods or services with an interested officer of the council in limited cases, including "a
contract with a volunteer fire department for the payment of compensation or retirement benefits to
its members." (Minn. Stat. 9 471.88, Subdivisions 1 and 6) This exception applies notwithstanding
any other charter or statutory provision. (Minn. Stat. 9471.881)
There is a condition to this exception, though. Contracts made under this exception is void unless
there is a resolution by the city council finding the contract price is as low or lower than the goods
could be obtained elsewhere and the interested council member files an affidavit with the city clerk
stating:
(a) the name of the officer and the office held by the officer;
(b) an itemization of the commodity or services furnished;
(c) the contract price;
(d) the reasonable value;
(e) the interest of the officer in the contract; and
(f) that to the best of the officers knowledge and belief the contract price is as low as,
or lower than, the price at which the commodity or services could be obtained from
other sources.
This process must be followed for each contract. Simply stepping down from the council table is
not enough, although the councilmember with the conflict should not participate in deliberations or
vote on the contract. Examples of contract-type conflicts could be budget approvals, expense
reimbursement policies, uniform allowances, etc.
Finally, the exception is narrow: contracts which might provide a personal financial benefit to a
volunteer firefighter/councilmember other than contracts for compensation or retirement benefits
are outside the exception.
NON-CONTRACT CONFLICT SITUATIONS
Additionally, there may be city council decisions that do not involve contracts that could raise conflict
of interest questions. In non-contract situations, the case law in Minnesota is similar to the case law
of other states. Those cases adopt a basic principle that any official who has a personal financial
interest in an official action that may conflict with the public interest generally is disaualified from
participating in the action.
Examples of official actions commonly confronted include public improvement projects that serve
an official's or employee's residence or the issuance of a building or zoning permit concerning
property owned by the official or employee. Actions involving a church or fraternal organization
the councilmember is a member of are usually allowed, although if there is a unique or special
financial involvement or concern there may be a problem.
For a councilmember who also serves the community as a volunteer firefighter, it is difficult to
anticipate many non-contract conflicts that could result in a personal financial benefit.
One important feature of the common law conflict of interest rule is that the prohibition is basically
against participating in the decision or decisions. It is not a ban or prohibition on having the
conflict, but merely being involved when a conflict exists.
PRACTICAL ADVICE
I realize that the preceding discussion may be frustrating, and certainly it is difficult to provide
general legal advice, but certain conclusions are possible.
First, while potential conflicts can arise for anyone in government regardless of their job or title,
the legislature has specifically recognized that the law should allow a volunteer firefighter to serve
as a councilmember.
Second, the analysis of conflict of interest laws is highly dependent on the particular fact situation.
Identifying possible problem areas well in advance of council meetings is beneficial in allowing
time to prepare a proper response, including statutorily required resolutions and affidavits.
Third, because criminal penalties may be imposed for certain violations, it is important to be aware
of the general rules and to seek competent legal advice regarding the details. If you have an actual
or potential conflict of interest, ask the City Attorney for advice. Err on the side of caution, however,
because even the appearance of a conflict can expose a councilmember to public criticism.
RESOLUTION NO.
ADOPTING A BUDGET AND ESTABLISHING THE
TAX LEVY FOR THE YEAR 2000 COLLECTIBLE
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 20th day of
December, 1999 at 7:00 p.m.
Members Present:
Members Absent:
Member _ introduced and Member _ seconded the following:
WHEREAS, the City of Farmington is annually required by State Law to approve a resolution
setting forth an annual tax levy to the Dakota County Auditor; and,
WHEREAS, Minnesota Statutes currently in force require certification of the tax levy to the Dakota
County Auditor on or before December 28, 1999; and,
WHEREAS, the summary details of the proposed budgets are contained in the budget submitted
to this Council by the City Administrator, as revised; and,
WHEREAS, Councilmember Verch, who also serves the City of Farmington as a Firefighter, has a
direct financial interest in the fire levy since a portion of that levy is used for compensation and
relief association benefit funding; and,
WHEREAS, dividing this resolution to allow Councilmember Verch to vote on the portions of the
budget unrelated to the fire service or levy is consistent with state law.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Farmington,
that the revenue and expenditure budget for 2000 as reviewed and amended by the City Council,
is adopted.
BE IT FURTHER RESOLVED that the following sums of money be levied in 1999, collectible in
2000, upon the taxable property in the City of Farmington for the following purposes:
Tax Levy
General Fund $1,941,645
Debt Service (see attached) 550,000
Capital Projects Levy 100,000
Fire Levy 50,000
Gross Levy 2,641,645
Less: Fiscal Disparities (433,567)
Less: HACA/LPA (404,409)
Net Levy $1,803,669
Members voting in favor of the revenue and expenditure budget for 2000 and proposed tax levy,
excluding elements related to the City's fire service:
Members voting against: ; Abstentions:
Members voting in favor of the revenue and expenditure budget for 2000 and proposed tax levy
related to the City's fire service: ; Members voting against: _'
Abstentions:
This resolution adopted by recorded vote of the Farmington City Council in open session on the _
20th day of December, 1999.
Mayor
Attested to the 20th day of December, 1999
City Administrator
SEAL
2000 BUDGET
Summary of Debt Service Levy to be Attached
and Become part of Resolution
Fund Title
Improvement Bonds of 1990A
Improvement Bonds of 1992B
Improvement Bonds of 1994A
Improvement Bonds of 1987
Improvement Bonds of 1986A
Improvement Bonds of 1986B
Improvement Bonds of 1993A
Wastewater Treatment Bonds 1995
Certificates of Indebtedness 1996
Certificates of Indebtedness 1997
Certificates of Indebtedness 1999
Total
Levv Amount
$ 20,774
31,773
78,192
65,302
71,558
36,698
9,785
85,368
5,550
45,000
100.000
$ 550,000
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
lib
FROM:
Mayor, Councilmembers, City Administrato~
Robin Roland, Finance Director
TO:
SUBJECT:
County Road 31 Project - Property Owner Special Assessment Reduction
Request
DATE:
December 20, 1999
INTRODUCTION
Kenneth Chinn, 19066 Estate Avenue, has requested reduction of the CSAH 31 special
assessment against his property. Mr. Chinn asserts that the County will be reducing the land
value of his property by 10%, and therefore, the City's appraisal supporting the CSAH 31
assessment amount is invalid.
DISCUSSION
Information received from the County indicates that consideration is being given to a reduction in
the value of the land of Mr. Chin's property, but that any actual reduction up unto this point has
been due to structural issues. Future adjustment to the land value, even at 10%, would result in a
total property increase from his 1998 market value of $108,200 to a 1999 market value of
$108,750 ($111,900 - $3,150). This $550 market value increase is consistent with the City's
appraisal regarding benefit to CSAH 31 affected properties.
ACTION REQUIRED
Based on the information from the County, the property in question has not been devalued at this
time for its location on the new County Road 31. A future land value reduction of 10% would
impact the property, but the market value increase would still be substantiated by the City's
appraisal of the CSAH 31 benefited properties. Reduction of the special assessment is not
substantiated.
~#j
Robin Roland
Finance Director
CC: Kenneth Chinn
FILE No.148 11/18 '99 13:25 ID:ASSESSING SERVICES
FAX:
PAGE 1
DAKOTA COUNTY ASSESSING SERVICES
ADMlNISTRA nON CENTER:
] 590 Highway 55, Hastings, MN 55033
65]-438-4217
MEMO
DATE:
November 18, 1999
RE:
ROBIN ROLAND FAX: 651-463-2591
GLORIA plNKE ~ ~
V ALVES ALONG PILOT KNOB
TO:
FROM:
IIi Robin,
I didn't forget our cl)nversation yesterday, just had an opportunity to talk to the appraisers who
worked in that area.
Mr. Chinn has had some depreciation taken on his residence for several years, due to structural
problems and based on a market analysis and sales comparison study done by our staff. We have
made no adjustment due to Pilot Knob at this time.
1 und.erstand that properties immediately adjacent to Pilot Knob are being given adjustments to
the land value ONLY, at the time the property is revalued. You may remember, we revalue
25% ofthc parcels in each community annua.lly, and the Chinn property was not in our quartile.
1'm faxing two property records for your information. T f they are of any help or if you have any
question just give me a call. One parcel is the Chinn property which has no adjustment to the
land value. The other parcel was revalued and shows a t 0% reduction in land value due to road
impact. (The land value on the Raske property would be around $31,300 if it was not on Pilot
Knob.) We anticipate the Chinn land value will be adjusted in a similar manner when we
revalue their area.
I hope this is helpful.
.. ~ 111
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EtJING ST.
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195TH ST.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/ Ie
TO:
Mayor, Councilmembers and
City AdministratorjJZ-
FROM:
Daniel M. Siebenaler
Chief of Police
SUBJECT:
Ordinance Amendment - Parking of Motor Vehicles on City Streets
DATE:
December 20, 1999
INTRODUCTION
Since the adoption of the Seasonal Parking Restrictions, staff has addressed the complaints and concerns of
several residents who are unable to comply with the ordinance due to a lack of off-street parking and
insufficient time to construct such parking. In addition, staff has heard concerns regarding the parking of
vehicles owned by overnight guests in situations where there is insufficient off-street parking space
available.
Staff has been unable to resolve all of these issues and has attempted to address these concerns in an
amendment to the Seasonal Parking Restrictions.
DISCUSSION
Sections 9-1-12(E) attaches two provisions to the ordinance. The new section allows for on-street parking
by temporary parking permit, issued by the Police Department, to accommodate "special events or unique
circumstances of limited duration." Permits would be issued in limited circumstances where there is no
off-street parking available.
The second provision of the amendment would be a seasonal permit for on-street parking for multi-family
residential dwellings with insufficient off-street parking. This provision would allow a time period for
such multi-family units to arrange for off-street parking in subsequent years. This provision would sunset
on April!, 2000.
In both situations described above, the amendment continues to prohibit on-street parking during a
snowfall event. That means that in the event of a snowfall, all vehicles, including those with temporary
permits must be removed from the street until snowplowing is completed.
ACTION REOUESTED
Consider amending ordinance 9-1-12(E) to allow for the issuance of temporary parking permits.
Respectfully submitted,
~'- ~~~~
Daniel M. Siebenaler
Chief of Police
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 9, CHAPTER 1
OF THE FARMINGTON CITY CODE CONCERNING
PARKING OF MOTOR VEmCLES ON CITY STREETS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 9-1-9 of the Farmington City Code is amended as follows:
9-1-9: PARKING LIMITATION: No person shall park a vehicle or permit it to stand upon
any street, highway, alley or public parking within the corporate City limits during
the hours of 2:00 a.m. and 5:00 a.m. any day of the year except as authorized in
Section 9-1-12(E).
SECTION 2. Section 9-1-12(E) of the Farmington City Code is amended as follows:
9-1-12(E) tIe vehiele shall be parked eB City streets iB the aewRte'lR'l bblSial2lss aistriet
be1:v.,@6B the Rems ef 1:\\'e e'eloek (2:00) .^~.M. ana fi'le e'eloek (5:00) .^~.M. any aay ef the year.
Upon application by a property owner or tenant. the Police Chief. or his or her designee. may issue
temporary parking permits that allow on-street parking adiacent to the permittee's residence during
periods when on-street parking is otherwise prohibited. The permit shall not allow parking on the
street during and after any snowfall event until the street is plowed to its full width. No permit
shall be issued to park on streets or other public parking areas posted as No Parking pursuant to
Section 9-1-12. Permits shall be issued only to property owners or tenants who do not have off-
street parking available to accommodate special events or unique circumstances of limited
duration.
Until April L 2000 seasonal permits may be issued to owners of multi-family residential
dwellings that do not have off-street parking available to their tenants. Seasonal permits shall be
issued only when all available off-street parking is utilized. Each permit will be issued for a
specifically identified vehicle or vehicles and must be clearly displayed on the left front window
of the vehicle unless. in the alternative. temporary signs are posted by the City indicating where
overnight parking is allowed.
SECTION 3. Section 9-1-12(F) of the Farmington City Code is amended as follows:
9-1-12(F) Vehicles found parked or stopped on City streets in violation of the
provisions of this Section or Section 9-1-9 will be cited by the Police Department and may be
moved or towed away without notice to the owner. Vehicles so towed may be claimed by the
owner or his or her representative after payment to the impound facility of costs and expenses for
towing, removing and storage ef ~ storing the vehicle.
83101
SECTION 4. Effective Date. This ordinance shall take effect immediately upon its passage
and publication.
ADOPTED this
Farmington.
day of
, 1999, by the City Council of the City of
CITY OF FARMINGTON
By:
Gerald G. Ristow, Mayor
ATTEST:
John F. Erar, City Administrator
Approved as to form the
day of
,1999.
City Attorney
Published in the Farmington Independent the
day of
,1999.
83101
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/da-,
TO:
Mayor, Councilmembers, City Administrato~
Karen Finstuen, Administrative Service Manager
FROM:
SUBJECT:
Appointments to Boards and Commissions.'"
DATE:
December 20, 1999
INTRODUCTION
Each year a number of seats on various Boards and Commissions expire on January 31.
Traditionally the City Council has interviewed incumbents and new applicants for these positions
and ultimately appoints at the second meeting in January.
DISCUSSION
Articles will be published in the December 23, and December 30, 1999 issues of the Farmington
Independent and the January/February issue of the City Newsletter, informing residents of the
availability of seats on Boards and Commissions. (See attached listing.)
The deadline for applications is January 5, 2000. Letters have been sent to incumbents notifying
them of the expiration of their term and requesting them to reapply if they are interested.
Currently there are vacancies on the Heritage Preservation Commission, and Housing and
Redevelopment Authority.
The Council has traditionally interviewed on Saturday morning to accommodate the applicants
schedules. If it is Council's desire to do so again this year, it is recommended that a special
meeting be set for Saturday, January 8, 2000 at 8:15 a.m. Interview periods comprised of 20
minute time slots will be scheduled, and information will be provided to you prior to the
meeting.
ACTION REQUIRED
Set a special meeting of the City Council for Saturday, January 8, 2000 at 8:15 a.m. at City Hall.
Respectfully sub!llitted,
d, ?l. -rr-
cY,~ f~~u.-.......-
Karen Finstuen
Administrative Service Manager
Attachment A
2000 BOARDS AND COMMISSION TERMS TO BE FILLED
COMMISSION STATUS TERM FROM TO
Heritage Preservation
Twylla Chant (Incumbent) 3 yr. 2/01/00 1/31/2003
Patricia Johnson (Incumbent) 3yr. 2/01/00 1/31/2003
Vacated Seat 3yr. 2/01/00 1/31/2003
Housing and Redevelopment
Authority
*Jerry Ristow Resigned 2/01/00
Lacelle Cordes Resigned 5yr. 2/01/00 1/31/2005
Todd Arey (Incumbent) 5yr. 2/01/00 1/31/2005
Parks & Recreation Advisory
Dawn Johnson (Incumbent) 2yr. 2/01/00 1/31/2002
Brian Feldt (Incumbent) 2yr. 2/01/00 1/31/2002
Randy Oswald (Incumbent) 2yr. 2/01/00 1/31/2002
Planning
Tim Dougherty (Incumbent) 2yr. 2/01/00 1/31/2002
Ronald Ley (Incumbent) 2yr. 2/01/00 1/31/2002
Todd Larson (Incumbent) 2yr. 2/01/00 1/31/2002
Water Board
Jeff Krueger (Incumbent) 3yr. 2/01/00 1/31/2003
Senior Ctr. Advisory Council
Marilyn Weinhold (Incumbent) 3yr. 2/01/00 1/31/2003
Frances Jones (Incumbent) 3yr. 2/01/00 1/31/2003
Gil Anderson (Incumbent) 3yr. 2/01/00 1/31/2003
* This appointment will run concurrent with Council term.
Note: All incumbents will be interviewed if they apply, along with new applicants.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
I~b
TO: Mayor, Councilmembers, City Administratot.~
FROM: Karen Finstuen, Administrative Services Manager
SUBJECT: Resolution Establishing Fees - 2000
DATE: December 20, 1999
INTRODUCTION
Each year a Resolution establishing fees and charges for licenses, permits, development fees and
various services has been adopted by the City Council at the annual organizational meeting held
the first meeting in January. This year, the resolution is being advanced for approval at the final
meeting of 1999 so that new fees may be applied as of January 1, 2000.
DISCUSSION
The attached resolution lists fees which were in effect in 1999, along with recommended changes
that are underlined for 2000. All of the proposed changes to the Fee Schedule have been
reviewed by the Management Team and several are outlined below:
Arcade Business - State Statute 449.15 which became effective August 1, 1999, limits license
fees on amusement machines to $15.00 per location plus $15.00 per machine.
Liquor Licenses - On and Off Sale Beer, On Sale Liquor and On Sale Wine License fees are
regulated by the municipality in which they are located. On-Sale Club, and On-Sale Sunday
Liquor Licenses are regulated by the State. It is proposed the fees for 2000 remain unchanged.
However, it is recommended that rates increase for the year 2001. A survey of other similar
communities suggests that rates should be increased to ensure that the costs of issuance and
enforcement are appropriately reflected in license cost.
City Code dictates that liquor licenses be applied for 60 days prior to expiration (December 31 of
each year) which requires this change be adopted at this time for implementation in 2001. It is
recommended that the On-Sale Temporary Beer, Display and Consumption and transfer fee
remain unchanged.
Sewer Rates - In 2000, the base sewer rate will be reduced from $28 for the first 10,000 gallons
of usage to $26.50. This reduction is consistent with plans to reduce rates over a three year
period.
Water Restriction Policy - The Water Board is proposing that the penalty for violating the
policy be set at $25 for the first offense in a calendar year, with a penalty of $50 imposed for
subsequent violations in a calendar year. This fee and all other water related fees are adopted by
the Water Board and forwarded to the City Council for information.
Municipal Pool Rates - Ticket Books - In 2000, instead of season passes, admission ticket
books are being proposed for the Outdoor Municipal Pool. Resident ticket books will be
available at $15.00 for 10 tickets. Non-resident ticket books will be available at $18.00 for 10
tickets. Both options allow for a discount off of the regular pool admission. They also allow
patrons to purchase their tickets in groups of ten rather than one lump sum for the entire season.
The past season pass system for residents and non-residents relied greatly upon the ability of the
staff to recognize the residency of the patrons. The existing admissions process has become less
efficient as the number of users has grown significantly.
Schedule C, Appendix A, Solid Waste User Fee Schedule - Yard Waste Stickers -
In the past, there were three basic options for yard waste disposal: 1) Customer delivery to SKB
Yard Waste Facility on Pilot Knob Road, 2) Purchase stickers at City Hall and put on
compostable paper bags for pickup on garbage collection day or 3) Compost at home.
In 1999, a fourth option was added - the seasonal yard waste program, where residents are able
to pay a set fee for a contractor provided 90 gallon container and up to 10 compostable paper
bags per week. For 1999, 2000 and 2001 the seasonal rate is $40, $46 and $51, respectively.
Lakeville Sanitary's fee for picking up bags of compost is $1.50 for 1999, $1.75 for 2000, and
$2.00 for 2001.
Due to limited use of stickers and the need for the contractor to comb the City weekly for any
compostable paper bags with stickers, it was decided that it would be more efficient and less
confusing for the City, contractor and customers to offer only the 90 gallon container for
seasonal yard waste. The customers continue to have the option to haul it themselves to the SKB
Facility on Pilot Knob Road or other compost facility oftheir choice.
BUDGET IMPACT
Proposed changes in 2000 Fees were taken into consideration during the preparation of the 2000
City Budget. Proposed fee schedule changes have been extensively reviewed to ensure that City
fees are equitable and comparable with other communities.
ACTION REQUESTED
Consider adoption of the attached Resolution Establishing 2000 Charges and Fees for Licenses
and Permits effective January 1, 2000. Council may also wish to set a date to hold an
informational meeting with the affected liquor license holders for year 2001 increases.
Respectfully submitted,
i I (1 ' ..-
(..r~- (f'l,/1.li:r-~
Karen Finstuen
Administrative Service Manager
Minnesota Statutes 1999,449.15
http://www.revisor.leg.state.mo.us./stats/449/ 15 .html
Minnesota Statutes 1999. Table of Chapters
Table of contents for Chapter 449
449.15 Limited license fees on amusement machines.
A home rule charter or statutory city may impose by
ordinance a license fee on amusement machines of no more than
the demonstrated and verifiable actual cost of issuing the
license or $15 per location plus $15 per machine.
HIST: 1999 c 179 s 1
Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota.
1 of 1
12/14/19994:22 PM
Licenses and Permits Survey
Cities 10,000 - 20,000
2000 Fee Comparison
Andover 200/yr Andover 40/yr Andover 4,000/yr
Anoka 250 + 55/inv fee Anoka 50 + 55/inv fee Anoka 5,000 200/club
Chanhassen City has detail Chanhassen City has detail Chanhassen City has detail
Chaska 300 Chaska 50 Chaska 4,275
Columbia 350 Columbia Heights 100 Columbia Heights 6,300/5,600
Heights
Farmington* 125/yr Farmington * 30/yr Farmington * 2,500/yr
Hastings 120/yr Hastings 40/yr Hastings 2,400/payable in semi-
annual installments of 1,200
Lino Lakes 200/yr Lino Lakes 25/yr Lino Lakes 3,000/yr
Mendota Heights 150 Mendota Heights 15 Mendota Heights 1O,000/regular license
3,000/limited serv hotel
Mounds View 1,000/yr Mounds View 100/yr Mounds View .65/square ft for bar
.53/dining
Prior Lake 200 Prior Lake 50 Prior Lake 5,300
Ramsey 250 Ramsey 60 Ramsey 4,500
Robbinsdale 500 Robbinsdale 50 Robbinsdale 5,500
Rosemount 180 Rosemount 40 Rosemount 2,750
Savage 250 Savage 50 Savage 2,000
Shakopee 312 Shakopee 100 Shakopee 3,705-10,570 based on
customer used floor area
Stillwater 100 Stillwater 50 Stillwater 2,300
Vadnais Heights 100 Vadnais Heights 20 Vadnais Heights 2,750/2k sq ft 3,750/2,001-
3k sq ft 4,750/3,001-4k
West S1. Paul 290 West S1. Paul 20 West S1. Paul 4,000
* l50/yr in 2001 (Proposed) *40/yr in 2001 (Proposed) *$2,750/yr in 2001 (Proposed)
Andover 500 Anoka 30/machine + 20 inv Anoka 30/inv fee 75/mach
fee 110/premises inv fee
Anoka 400 Chanhassen N/A Chanhassen N/A
Chanhassen City has detail Chaska Games of skill 40/coin- Chaska 40/coin-operated machine
operated table
Chaska 750 Columbia Heights 50/each Columbia Heights 50/each
Columbia Heights 2,000 Hastings NF Hastings 5/ea machine
Farmington 200/yr Farmington 50 I' machine/20 Farmington 15/business/machine/year
each add.
Hastings 200/yr Lino Lakes N/A Lino Lakes N/A
Lino Lakes 300/yr Mendota Heights N/A Mendota Heights N/A
Mendota Heights 2,000 Prior Lake N/A Mounds Yiew 55/year each
Mounds View 800/yr Ramsey 35/plus lO/table Prior Lake N/A
Prior Lake 1,250 Robbinsdale SO/table Ramsey 100 + 35/device
Ramsey 2,000 Rosemount N/A Robbinsdale SO/game
Robbinsdale 2,000 Shakopee N/A Rosemount N/A
Rosemount 360 Stillwater N/A Savage N/A
Savage 300 Vadnais Heights 50/incl one table 35/ea Shakopee N/A
add'l
Shakopee 1/2 of on-sale West S1. Paul 50/ea Stillwater N/A
liquor or 2,000
whichever is less
Stillwater 200 Vadnais Heights 40/machine
Vadnais Heights 300 West S1. Paul 50
West S1. Paul 790
*225/yr in 2001 (Proposed)
RESOLUTION NO. R -99
ESTABLISHING CHARGES AND FEES FOR LICENSES AND PERMITS
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,
Minnesota was held in the Council Chambers of said City on the 20th day of December, 1999 at 7:00 p.m.
The following members were present:
The following members were absent:
Member
introduced and Member
seconded the following resolution:
WHEREAS, the City Council of the City of Farmington has by various authorities the right to establish
certain fees and licenses and permits; and,
WHEREAS, the City Council has determined that various licenses and permit fees should be established.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington that the
following schedule of fees be adopted and put into full force and effect, effective January 1, +9992000.
LICENSE, GENERAL
Animal License
AMOUNT
License Enforcement Service Charge
Late Registration Fee
$5/yr/dog neutered or spayed
$10/yr/dog not neutered or spayed
$25 per dog
$2.00
Note: Pursuant to Ordinance 6-2-16 the owner shall pay an additional $25 as appropriate for 3rd
dog and an additional $50 for 4th dog.
.'\reaae IhlsiBess
, l\fiR. MHr
MaelliBes 0 4 1\.1 G G
MaelliBes 5 10 $50 per year ~ ~
. .
MaehiBes 11 15 $1 gg per year $400 $&GG
, .
MaehiBes Ie 20 $150 per year $9W $1,550
-~- ' .
MaelliBes 21 "'" $200 per year $1,750
-~- ' .
Amusement Machines
Cigarette/Tobacco Sales
Reinstatement after Revocation
$15 per location and $15 per machine
Annual - $50 1 st machine, $20 ea. additional
$150 Initial Investigation
Application/Renewal - $25/yr
$25 plus Administrative Time per Fee Schedule
Billiard Parlor
Dog Kennel (3 or more dogs)
Exception - New residents - see note under animal
licensing above.
$300/year
Exhibition, Temp. Outdoor
Explosives, Sale & Storage
Fireworks - Community Event
Gambling License
Premise Permit
Investigation Fee
Gambling Event
Sales: Permit Issuance Fee
Peddler
Solicitor
Transient Merchant
Saunas
Taxi
Driver
Company
Therapeutic Massage
Business License
Therapist
Investigation
Investigation (Therapist)
Renewal Investigation
LICENSE, LIQUOR
Beer, Off Sale
Beer, On Sale
Beer, On Sale Temporary
Display & Consumption
Liquor, On Sale
Investigation Fee
Liquor, On Sale Club
Liquor, On Sale Sunday
Transfer Fee
Wine, On Sale
$15/occasion
$10/year
$10
$50
$50
$50
$25.00 plus itemized amount below:
$25/month; $250/year
$15/day;$75/rnonth;$125/year
$50/quarter; $150/year
Annual Business - $5,000
Orig. Investigation - $300
Renewal Investigation - $150
$25 each
$25/unit/year
$50 (Includes 1 therapist)
$50
$300
$200
$0
AMOUNT
2000 Billing 2001 Billing
$30/year $40/year
$ 125/year $150/year
-0- -0-
$300/year $300/year
$2,500/year $2.750/year
Not to exceed $200 Not to exceed $200
(Administrative Costs) (Administrative Costs)
$300/year State
$200/year State
$300 $300
$200/year $225/year
2
PERMITS, Special
AMOUNT
Legal Costs
$200 + $20 per acre up to 10 acres,
$5 per acre over 10 acres
x +41.25
Annexation Petition
Antennas & Towers
Uniform Building Code
Comprehensive Guide Plan Amendment
$350
~$200
Conditional Use/Spec. Exception. Admin. Fee
Excavation and Mining 0-1000 cu yd. $50
1000-25,000 $150
25,001-50,000 $300
50,001-250,000 $500 *
250,000+ $1,000 *
(Grading Plans required + Engineer Review Fee at staff time)
$75 + stafftime
Filling *
Landfills, Sludge Ash,
Incinerator Ash, etc.
Initial - $150,000
Renewal - $60,000/yr + $30/ton
Rezoning, Admin. Fee
~$300
Sign Permit, Review Plans
1. Estimated Value
To $500 $20.00
500.01-1000 30.00
1000.01-2500 60.00
Over 2500 80.00
2. Signs which need a conditional use permit must
pay both the established sign permit fee, plus
the conditional use permit fee.
3. Fees are not required for signs exempted by
Section 4-3-5(B)
Street/Curb Breaking
Min. $350 surety + ~$55 inspection fee
$ 75/staff time
Subdivision Waiver, Adm. Fee
Vacation of Public R/W Fee
~~
$150
$150
$150
~~
Telecommunications, Review Plans
Variance Request
Appeal of Zoning Decision
Utility Const. Permit Fee, Review Plans
(Telephone, gas, cable, electric, etc.)
Wetland Alteration Permit * $250 + staff review time
(Note: Staff review to be billed at hourly rate - 1 hr minimum)
Zoning Certificate, Verification of Zoning $25
* - A Conditional Use Permit is Required
3
PERMITS - Building
Buildinl!: Permit
As Built Certificate Of Survey, Turf Establishment
Temporary Certificates of Occupancy
Temporary Buildings on Construction Sites
Misc. Insp (Moving-pre-insp.)
Window Replacement
Roof
Siding
Garage Addn
Detached Garage
All Basement Finish
Gazebos - Freestanding
Building, Moving (Requires Special Exception in
Addition to Fees Listed Below)
- House
- Garage
- Surety
Building, Demolition
Ind. On Site Sewage Treatment
Reinspection (After 2 Fails)
Plumbinl!: Permits
Residential
New Construction
Repair/Addition
Reinspection
Commercial
Reinspection
'.Vater SefteBer*
* Call fer i1'lsfJestien while instaJ.l.er is at the sUe.
AMOUNT
Current Uniform Building Code
$2,000 Single Family Residential Lot
surety for all buildings to be refunded
after issuance of final C.O.
$500/unit Multi-Family Attached (3 or
more units)
surety for all buildings to be
refunded after final grade is
approved by City staff
mill
$150
As per Table lA ofUBC
I4at-$47 (46.50 + .50 state surcharge)
I4at-$47 (46.50 + .50 state surcharge)
I4at-$47 (46.50 + .50 state surcharge)
$15 sf
$15 sf
UBC (No plan + .50 per 1000 State
Surcharge) (,0005 x value)
$47 + (46.50 + .50 State Surcharge)
$150 + cost of utility locations
$50 + cost of utility locations
$10,000 Flat
Uniform Building Code
~$200 - ($40 County + $+14$160 City)
$47
flat $70$75 (~74.50 + .50 state
surcharge)
$35 (34.50 + .50 state surcharge)
$47
1 % of contract cost + state surcharge (contract
valuation x .0005) INCLUDES
SPRINKLING SYSTEMS (Minimum of
$50.00)
$47
flat $30 (29.5Q..p .50 state smellarge)
4
Mechanical Permits
Fireplace
Residential Heating
New Construction
~$35 (34.50 + state surcharge)
Repair/Replace
Reinspection
flat $7Q$75 ($~74.50 + .50 state
surcharge)
$35 ($34.50 + .50 state surcharge)
$47
Commercial Heating
1 % of contract cost + state surcharge (contract
valuation x .0005) Minimum of $50.00
$47
Reinspection
Erosion Control
Initial Erosion Control Inspection
1 st and 2nd Reinspections
3+ Reinspections
No Charge
$50
$50 each
PERMITS - Subdivisions/Developments
AMOUNT
Environmental Assessment Worksheet
and Environmental Impact Statement
GIS Fees (Geographic Information System)
Staff time, consultation costs and
directly related costs
New and Redevelopment ***
m$30/lot or ~$70/ac minimum
*** Note Fee Calculation Formula on Page 6
Parkland Contribution Land Money
Parkland and Trail Fees - All Residential Zones 12.5% Set Annually based on Appraisal
Information
$17 ,0QO/.^..ere (MUS.^~)
$e,OQQ.'.^..ere (}IeB MUS.^..)
Parkland and Trail Fees - CommerciallIndustrial Zones 5% 5% eftetallaFla "alae as
aetellHifted BY Ce1:Hlty .^..ssessor
Total Land Value Set Annually
based on Appraisal Information
Plat Fees
Preliminary Plat Surety
Provides security to cover staff time in case a plat
does not proceed. Fee is refunded upon signing a
Development Agreement.
$200/acre
Preliminary Plat Fee
Final Plat Fee
$750 base + $9/lot
$300
P.U.D. (Planned Unit Development)
P.U.D. Amendment
Schematic Plan - $500 + $22/ac
~$300
Subd. Imp. Admin. Fee
Pub. Imp. - Private. w/o Assess Roll
Pub. Imp. - Private with Assess Roll
Legal Fees will be charged at actual cost plus ~25%
Final Proiect Costs
1/2%
1%
5
Surface Water Mgmt. Fee (Development) ***
The Surface Water Management Fee funds the trunk
storm water improvements identified in the City's
Surface Water Management Plan.
*** Note fee calculation formula below.
$0.1117$0.1146 /sq.ft. - Residential, low
density
$0.19g0$0.2031 /sq.ft. - Residential, high
density
$0.23g4$0.2446 /sq.ft. - Comm.lIndust.
Surface Water Mgmt. Fee (RedevelopmentlUnplatted) - See Policy A attached. ***
Water Main Trunk Fee
The Watermain Trunk Fee funds the trunk improvements identified in the City's Water Supply and
Distribution Plan.
Area Charge (Development)
Area
1A
1B
1C
ID
IE
IF
2A1
2A2
2Bl
2B2
2Cl
2C2
2Dl
2D2
Remaining Undeveloped Area
Unplatted Land
***
ErosieB ana SedimeBt Cemrel DevelopmeBt .:\greemeBt
Surface Water Ouality Management
The Surface Water Quality Management Fee is
collected to fund future excavation of sediments
deposited in sedimentation ponds.
Residential (Single/Multi)
CommerciallIndust/School/Other
Area Charge (per acre)
$1,044.00$1.071.00
$1,493.00$1.532.00
$1,702.QO$1.746.00
$1,523.00$1.562.00
$1,g29.00$1.876.00
$1,722.00$1.766.00
$1,192.00$1.192.00
$1,g24.00$1.871.00
$1,930.00$1.672.00
$1,921.00$1.971.00
$1,737.00$1.782.00
$1,951.00$2.001.00
$1,931.QQ$I.981.00
$1,997.00$2.049.00
$2,007.00$2.059.00
See Policy B attached
See Sehed-Mle D attaelled
~$53/acre
~lli.2. /acre
Water Treatment Plant Fee $4%$508/REU
All parcels being developed are charged 1 REU minimum.
Commercial, Industrial, Institutional developments and
redevelopments are charged multiple REUs based on
1 REU = 274 gpd. This fee will fimd the future Water Treatment
Plant Note: REU = Residential Equivalency Unit
SanitarY Sewer Trunk Area Charge ***
The Sanitary Sewer Trunk Area Charge funds trunk
improvements identified in the City's Comprehensive
Sanitary Sewer Plan.
$1,550$1.590/acre
***Fee Calculation Formula ***
Fees shall be based on the gross area of the development, less floodways, and delineated wetlands.
6
Credit for Sanitary Sewer Trunk Area Charge
MUNICIPAL SERVICES
Deferred Assessment Roll
Sewer
Metro Sewer Avail. Chg. (SAC)
City Sewer Avail. Charge (CSAC)
Benefit Charge
Connection Permit
Lateral Equiv. Chg.
Servo Connection Fee (Akin Road)
Stub Out Charge
User Rates - Residential (Based on
Winter quarter)
- Metered Commercial
Reserve Capacity (SW 1/4 of Sec. 25)
(See Asmt. Roll #144)
Solid Waste Collection
Storm Water Utility
Sump Pump Ordinance Non Compliance
Water
Benefit Charge
Connection Permit
Reserve Capacity Connection (WAC) fee funds
future construction of Water Towers.
3/4 or 1"
1 1/4"
1 1/2"
2"
2 1/2"
3"
4"
6"
8"
Water connection charge will not apply to :fire sprinkler lines
Lateral Equiv. Chg. (Pine Knoll)
Metered Rates
Water Reconnection Fee
Stub Out Charge
Hydrant Usage
Overhead Water Filling Station
Meters
Meter Testing Fee
Meter Horn Fee
7
See Schedule F
AMOUNT
Per assessment roll
$1,QSO$I.100/single unit
~$360
$1,595
~$60 each
See assessment rolls
$1,97Q$2.020
Construction Cost + Street Breaking Permit
$28.00$26.50 1 st 10,000 gallons
$2.20/1,000 gallons thereafter
$3.25/1,000 gallons (65.30/qtr min.)
$1, 125/acre
See Policy C attached
~$7.00 /storm water unit/quarter
$100/month added to sewer bill
$1,125 each
$ ~o each
~$615
~$960
$1,35Q$1.385
$2,400$2,462
$3,230$3.313
$4,245$4.355
$9,GQ5$9.852
$21,605$22.162
$38,115$39,406
See assessment roll
$10.80 + $1.00/1,000 under 25,000
$1.16/1,000 over 25,000
~~
Construction costs + Street Breaking Permit
$2/1 ,000 gallons - $60 minimum
$2/1 ,000 gallons - $29 minimum
Actual Cost + (10% or $25, whichever is less)
$75
$35
Penalties
Late Payment Penalty
Certification Fee
10% of current delinquent charge
10% of delinquent balance + interest
Water Use Restriction Penalties
1 st Offense
2nd Offense and subsequent during a calendar year
CURRENT SERVICES
$25
~
AMOUNT
Personnel
Hourly rates for staff time will be multiplied by a factor of oJ2. 7. which includes salary, benefits, and
tuiministMti':B orfwnizational overhead charges. Specific rates available from Finance Department upon
request. Consulting Engineeringfees will be charged at Actual Cost plus 25%for processing,
accounting, and overhead administrative and facility use charges.
Projects - Public
The following engineering costs will be considered a part of the total project cost for public improvement
projects:
Feasibility Report
Plans, Specs, Bidding
Staking, Insp., Supr.
With Assessment Roll
Total
Administration Fees
Assessment Roll
Legal Fees
Projects - Private
3% of Actual Construction Costs
6% of Actual Construction Costs
7% of Actual Construction Costs
1 % of Actual Construction Costs
17% of Actual Construction Costs*
*For the purposes of bonding, engineering
costs will be calculated based on the
estimated construction costs.
4% of Actual Construction Costs
1 % of Actual Construction Costs
Actual Cost + ~25%
All other private developments will be charged for review and inspection based on staff time using current
hourly rates as described above. A summary of staff review time for a project will be forwarded upon
written request of the developer. Erosion control inspection by the Dakota County Soil and Water
Conservation District will be charged at the County's current rates.
Ifi..~.........................................................................................................................
Fire/Rescue Response (Non Contracted Services)
$150/hour + Current Personnel rate per
manhour
Sprinkler System - New or Altered
1 % of Contract Cost
Inspections:
Fire Alarm System - New or Alteration
Flammable Tank System
500 gallons or less
501-1000 gallons
1001 plus gallons
Tank Removal
1 % of Contract Cost (minimum of $50)
$15
$25
$25 + $10 for each additional 500 gallons
$65 per tank
8
Hood and Duct Cleaning
Commercial Cooking Vent Systems
Reinspection
Fire Permit Processing
MPCA Permit - 30 days (limited to 2 per year)
Recreational Fire Permit - Annual
False Alarms (after 3, per ordinance)
Residential
Non Residential
Fire Report Fee
FireIRescue Standby (Org. Request)
$40
$40
$20
$10
$75
$150
$15
Current hourly rate/person
J>>~Jr~ 1111(1 ~~~Jr~~ti()I1.........................................................................................
Municipal Pool Rates
SeaseB Pass Family (ResideBt)
SeaseB Pass Family (NeR R-esideRt)
SeaseFl Pass SiBgle (ResideBt)
SeasOFl Pass SiBgle (NeB ResideRt)
Ticket Books
-Daily Admission (Main Pool)
-Daily Admission (Under 42" in height)
Swim Lessons (12 lessons/session)
Afternoon Swim Lessons (10 lessons/session)
IP AP Lessons
Private Pool Lessons
1 Person - 5 sessions @ 30 minutes each
2 Persons - 10 sessions @ 30 minutes each
Ice Arena Rates
Dry Floor Rental
Open Skating (Prime Time Session)
(Tues. & Thurs. Lunch)
Open Patch - 90 minute session
Skating Lessons
Skate Show
Ice Time
Prime Time
6:00 A.M.
9:45 P.M.
10:00 P.M.
10:15 P.M.
10:30 P.M.
10:45 P.M.
11 :00 P.M. (Non Prime Time)
7/1/ e/30l
_$120.QOIlH'
_90.00/hr
J 15.001hr
110.001hr
105.00/hI'
J 00 .QOIhr
_95.QQ/hr
_90.QO,1rr
$ 75.00
125.0Q
SQ.QO
95.00
Resident Non-Resident
$15.00/10 tickets $18.00/10 tickets
2.00 or 1 ticket per person
1.00
25.00
20.00
18.00
43.75
97.50
7/1/~0 - 6/30/~01
~$315/day + ~$80 set-up/day
$3.00/person
$1.00/person
$6.00/person
$60.00/session
$75.00/session
7/1/99 - 6/30/00
$ 125.00/hr
$ 95.00/hr
$ 120.00/hr
$115.00/hr
$11O.00/hr
$105.00/hr
$100.00/hr
$ 95.00/hr
7/1/00 - 6/30/01
$ 13 O.OO/hr
$100.00/hr
$125.00/hr
$ 120.00/hr
$115.00/hr
$11O.00/hr
$105.00/hr
$100.00/hr
9
Civic Arena Advertising Rates
Full 4 x 8 Sheet
One Year
Three Years
10/1/9&-99 - 9/30/990010/1/99-00 - 9/30/QOO1
$400.00/year
$350.00/year
$400.00/year
$350.00/year
4 x 4 Sheet
One Year
Three Years
$250.00/year
$225.00/year
$250.00/year
$225.00/year
Ice Resurfacer
One Year
Three Years
$500.00/year
$450.00/year
Puppet Wagon Performances
Resident
Non-Resident
$50.00/performance
$100.00/performance
Senior Center Annual Membership Fees
Resident and Participating Townships
$3.00/person - Individual
$5.00/couple - Joint Spousal
$6.00/person - Individual
$10.00/couple - Joint Spousal
Non-Resident
$50.00/month per evening and group
AAI Alanon Rentals
Senior Center Rental Rates Resident Non-Resident
Main Room $35 Base Fee + $15 per hour $70.00 + $15 per hour
Large Activity Room $25 Base Fee + $15 per hour $50.00 + $15 per hour
Small Activity Room $15 Base Fee + $15 per hour $30.00 + $15 per hour
Kitchen $20 Base Fee + $15 per hour $40.00 + $15 per hour
All rooms - $100 refundable deposit if rooms/equipment are clean/damage free.
J>>lI1>li~ ~()"}{S.........................................................................................................
Billed at equipment rate listed below plus personnel rate for staff time. Staff time is billed at a 2 hour
minimum. Equipment rates during regular work hours are billed at a one hour minimum; call outs after
regular hours are billed at a two hour minimum.
Pick Up Truck
5 yd. Dump Truck
Sewer Rodding Machine
Road Patrol (Grader)
Ind. Ford. Tractor
(backhoe +/- loader)
Street Sweeper
Air Compressor, Hammer, Hose
Compacting Tamper
Trash Pump
Paint Striper
Mower
Skidster
Router
Blower
$21.00$22.00/hour
$23.00$24.00/hour
$79.QQ$71.00 /hour
$aO.00$61.00 /hour
$34.00$35.00/hour
$57.00$58.00/hour
$33.00$34.00/hour
$12.00$13.00/hour
$12.00$13.00 /hour
$2a.QO$27.00 /hour
$55.00$56.00 /hour
$22.00$23.00/hour
$25.00$26.00/hour
$19.00$11.00/hour
NOTE: All City equipment must be operated by a City employee
10
J>>()li<<=~ ~~.."i~~s..................................................................................................
Police Officer - 2 hour minimum
Squad * 2 hour minimum
Barrieaaes
$30/hour
$20/hour
$25 aeposit feFt:maable \ipSFl retmB iB
gaaa eaBaitien
Residents - N/C if picked up and returned
$5/day if delivered by Police Dept.
Non-Residents - $5/day if picked up
and returned
$10/day if delivered by Police Dept.
Barricades
Non Resident Fingerprinting
No charge for resident
* All Police units must be operated by Police OffieersDepartment Personnel.
$15
Accident Reports for Insurance Purposes
COpy of Driving Record
$5
$6
Investigative
Case Reports
Research Fee
Photographs
Driver's License Report (non residents only)
Subpoena Service
$1 per page
$20/hr - 1 hour minimum
$5 per copy
$5 per copy (license holder only)
$15
Tapes - Copy
Audio
VHS
$10
$25
MISCELLANEOUS
AMOUNT
$75
$2.00/parcel x term of assessment, County fee
Ag Preserve Filing
Assessment Roll
Bonds - Surety
Wetlands
Excavation/Filling/Mining
Subd. Devel. Impr.
Candidate Filing
Finance Charge (Interest Rate)
Returned Checks
Mandatory Information Requests
Weed Notice - Adm & Inspec.
Counter Sales
Mylar
Blue Line Copy
Photo Copies
Color Copies (8 1/2 x 11)
Zoning/Comprehensive Plan Maps
Per est. costs of code compliance
Per est. costs of code compliance
125% of project cost
$5.00 - 10,000-100,000 population
Bond Rate + 1.5%
$20
Min. $25/request + hourly
$30 (2nd notice same growing season)
$5.00 per copy
~$3.00 percopy(exc.2'contour)
$.25 each
$1.00 each
Caler $19 B/~T $2.99GIS Fees (See
Schedule E)
Comprehensive Plan Document
Redevelopment Plan
2' Contour Map (Spec. Order)
Budget
$,Wlli
$10
GIS Fees (See Schedule E)
$15
11
Comp Storm Water Plan. Surface Water Management Plan
Water Supply & Dist. Plan
Comprehensive Sewer Policy Plan
Engineering Guideline Manual
Standard Detail Plates
Assessment Roll Search (pending & levied)
Individual Assessment Search
FAX Machine
Long Distance FAX
Financial Audit
$50
$30
$30
$25
$50
$-W$15 + .25/page
$10
$.50/page
Call costs ($5 min) + page chg.
$25
This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day
of December, 1999.
Mayor
Attested to the _ day of
, 1999.
SEAL
City Administrator/Clerk
12/31/98
SCHEDULE A
COMPREHENSIVE STORM DRAINAGE PLAN
POLICY FOR DEVELOPMENTIREDEVELOPMENT OF PROPERTY
BACKGROUND STATEMENT
The Municipal Storm Sewer utilizes a fee structure for storm water improvements based on anticipated
development. A parcel's contribution is determined by size and land use under the principal that a parcel
should pay for past, present and future storm sewer improvements necessary to meet the needs of the
parcel.
The fees are set forth in the Comprehensive Storm Drainage Plan dated September, 1985 as updated
(Storm Water Area) and policy dated September, 1989 (Storm Water Utility). Storm water utility fees are
based on size and land use on the basis that more intense land use pay a higher fee. Utility fees are paid
by all developed property on a quarterly basis. Storm water area charges are paid at the time of
development to help offset storm water improvements associated with the development of the property
and are based by land use on a per acre rate. Presently, the Storm Water Area Charges only address
developments associated with platting. Therefore, a policy is required which addresses development not
associated with platting. When adopted, this policy will be incorporated as part of the Farmington Storm
Water Drainage Plan.
POLICY STATEMENT
The purpose of this policy is to set forth the basis of fees and charges relating to past, present and future
storm water improvements necessary to serve anticipated land use for development activities not related to
the platting of property.
12
AFFECTED DEVELOPMENTS
A. A Storm Water Area Charge shall be paid before any building or development permits are approved,
or before any improvements are made to a City owned park, which significantly affects stormwater
runoff.
B. Storm Water Area Charges are not required for the following activities:
1. Building permits on platted property.
2. Residential or agricultural accessory structures or additions.
PROCEDURE
A. It is the responsibility of the property owner or his agent to present to the City Engineer or his
designee the following information:
1. Site plan showing location of all existing and proposed buildings and other developments relative to
property lines.
B. The City Engineer shall calculate the Storm Water Area Charge as follows:
1. Undeveloped Property
a. The Engineer shall determine the area of development upon review of the site plan. The
following minimum areas shall apply:
Residential
Commercial
Industrial
C-1, F-1, F-2, F-3
10,000 square feet
10,000 square feet
40,000 square feet
80,000 square feet
b. The Engineer shall multiply the estimated area by the rate set forth in Table 3 of the Farmington
Storm Drainage Plan as amended.
2. Redevelopment
a. The Engineer shall determine the area of development and change in land use upon review of the
site plan. The following minimum areas shall apply:
Residential
Commercial
Industrial
C-l, F-1, F-2, F-3
10,000 square feet
10,000 square feet
40,000 square feet
80,000 square feet
b. If it is determined there is no change in land use classification as described in Table 3 of the
Farmington Storm Water Drainage Plan, and the property has previously been charged the storm
water area charge, no fee is to be charged.
c. If it is determined there is a change in land use, the fee shall be calculated as follows:
Area x (Existing Land Use Rate - Proposed Land Use Rate) = Fee
If the fee is less than $0.00, no fee will be charged.
13
SCHEDULE B
WATER SUPPLY AND DISTRIBUTION PLAN FOR UNPLATTED PROPERTY
BACKGROUND STATEMENT
The Municipal Water Utility utilizes a fee structure for water supply and distribution improvements
based on anticipated development. A parcel's contribution is determined by the parcel's size and land use
under the principal that a parcel should pay for past, present and future water system improvements
necessary to meet the anticipated water needs of the parcel.
The fee schedule set forth in the Farmington Water Supply and Distribution Plan dated June, 1988 as
updated sets forth charges for water area and water hookups. The water connection fee is primarily used
for present and future pumping and storage capacity and is based on type of land use. The water area
charge is primarily used for past, present and future oversizing of mains and is set at a uniform per acre
rate for future development. Also, the water area charge presently only addresses development associated
with the platting of property. Therefore, a policy is required which sets forth fees for development not
associated with platting. When adopted, this policy will be incorporated as part of the Farmington Water
Distribution and Supply Plan.
POLICY STATEMENT
The purpose of this policy is to set forth the basis of fees and charges relating to past, present and future
improvements necessary to serve anticipated land use for development activities not related to the
development of property.
AFFECTED DEVELOPMENTS
A. A water area charge shall be paid before any building permit is approved, unless specifically exempted
under Section B.
B. Water Area Charges for the following activities are not required:
1. Any building permits on platted property, except buildings on parkland platted after Jan. 1, 1995.
2. Residential or agricultural accessory structures.
PROCEDURE
A. It is the responsibility of the property owner or his agent to present to the City Engineer or his
designee the following information:
1. Site plan showing location of all existing and proposed buildings and other development relative
to property lines.
B. The City Engineer shall calculate the water area charge as follows:
1. The Engineer shall determine the area of development upon review of the site plan. The following
minimum areas shall apply:
Residential
Commercial
Industrial
C-1, F-l, F-2, F-3
10,000 square feet
10,000 square feet
10,000 square feet
80,000 square feet
2. The Engineer shall multiply the estimated area by the rate set forth in Table 14 of the Farmington
Water Supply and Distribution Plan dated June, 1988 as amended.
14
SCHEDULE C
APPENDIX A
Solid Waste User Fee Schedule
Solid Waste Rates
Single Family Residential:
30 gallons......... ...................... $39.50/quarter
60 gallons........ ........... ............ $49. 5 O/quarter
90 gallons................... ............ $56.50/quarter
120 gallons............ ....... .......... $94.50/quarter
150 gallons............................. $ 104. 5 O/quarter
180 gallons.. ............... ............ $114. 75/quarter
210 gallons............................. $144.00/quarter
240 gallons............................. $155.25/quarter
270 gallons............................. $ 165.25/quarter
Multi-family (2-4 units) with (1) 90 Gal.IUnit
Multi-family (5+ units) with 300 Gal. Container
Additional 300 Gal. Container
Commercial/Institutional with 300 Gal. Container
Additional 300 Gal. Container
600 Gallons
900 Gallons
1200 Gallons
1500 Gallons
1800 Gallons
Special Pickups
Out of Cab Charge
YarB Vo/ aste Stiekers
Curbside Recycling Services
Return Collection Trip Charge
EXTRA BAG CHARGE (lids that do not appear to be
closed or additional garbage deposited by customers
at the time of collection.)
Private Hauler - Commercial Dumpster Annual Fee
Wood Recycling Dumpster - 8 cy rolloff disposed
$64.00/qtr/unit
$240.50/qtr x pickups/wk
$98.75/qtr x pickups/wk
$240.50/qtr x pickups/wk
$98.25/qtr x pickups/wk
$339.00/qtr x pickups/wk
$437.75/qtr x pickups/wk
$536.25/qtr x pickups/wk
$678.00/qtr x pickups/wk
$776.75/qtr x pickups/wk
pass on charges from contractor per agreement
$5.00/stop
$1.Q5/bag (39 galloFl ma.x.) See R81 95
per contract
~$7 .50/trip
1-2 bags per occur. -- no charge-residential
3+ bags per occur.--$3.00/bag-$9.00 min.
$6.00 per occurence-commercial/300 gal.
$100.00
$ 125.00/pull
* Customers who overfill their containers more than 50% of the time during a quarter and do not request a
level of service change will automatically be raised to the next level of service.
15
SCHEDULE D
EROSION AND SEDIMENT CONTROL
TACHED SINGLE F AMIL Y SUBDIVISION
Base Fee
1-5
6-15
11-15
16-30
31-50
51-75
76-100
100-Up
DEFINITIONS
$125
180
225
300
350
400
425
75
$45
45
45
45
45
45
45
45
# of Lots - Total number oflots' eluded in subdivision plat, hether or not the entire area of the lots is to
be disturbed.
Flat Rate Fee - Minimum fee for time
a. field review
b. office review
c. travel
d. clerical
e. material, and
f. administration.
Inspection Fee - Fee includes time and ravel spent 0 inspection of individual lots and general site
development, tempo ary and perman t control measures, and a final report for the total
area covered by t agreement.
Additional Fees - Any staff, sp ial meetings or areas dist bed due to work not directly involved in the
constructio of individual lots, drainage an roadways, including ballfields, recreation
areas, etc will be charged $45 per hour.
# of Bldgs. Inspect.F eeNisit
1-5 $150 $45
6-15 225 45
16-30 300 45
31-50 350 45
51-100 400 45
101-up 500 45
16
# ofBm 'ng Units - Total number of individual buildings.
Flat Rate Fee - ame as single family.
Inspection Fee - Fee' cludes time and travel spent on the inspection ofindivid I lots and general site
develo ent, temporary and permanent control measures, a a final report for the total
area cove d by the agreement.
Additional Fees - Same as for Sl Ie family.
CommerciallInd ustrialIRoads
Area (Acres)
1-5
6-10
11-25
26-50
51-100
101-up
Definitions
Flat Rate Fee
Area - The total I surface area, in acres, involved in all construction re ted activities, including but not
limited t easements, ingress and egress, general site development, inage facilities, stockpile
areas, d cleared areas.
II fees in this section are subject to the City's agreement with the Dakota
Conservation District and may be revised when the agreement is reviewed.
17
Digital Data (DFX/Autocad Format)
Hard Copy Map Sales
1/2 Sec. - Property Only
1/2 Sec. - Prop. & Planimetric
1/2 Sec. - Prop/Planimetric/Contour
1/8 Sec. - Prop/Planimetric/Contour
1/2 Sec. - Aerial Photo
Old Section and 1/4 Section
Zoning and Comprehensive Plan Maps
Black and White. 11" x 17"
Color, 11" x 17"
Color. C size (17" x 22")
Color, D size (22" x 34")
Street Maps
City Street Map, D size, Black and White
City Street Map, Black and White 11" x 17"
City Street Map, D size, color
Special Requests
SCHEDULE E
G.I.S. FEES
County
City Total
~$535/mega byte
$20 $554
$10
50
150
40
6
5
$ 5 $ 15
5 55
20 170
5 45
o 6
o 5
$ 0
$ 0
o
$ 1
44.1
8
;w..15
$ 1
W1
8
~15
o
o 2
o 1
o 4
See Engineering Department
18
2
1
4
SCHEDULE F
TRUNK SANITARY CREDITS - SEWER DISTRICT 1
OCTOBER 27,1994
SEE MAP" A"
PROJECT 71-25(A)
Parcel #8
i\ssessnnent/i\cre
Trunk Sewer Fee w/Credit
1
1A
1B
1C
ID
IE
lEE
$ 498
198
244
198
202
76
76
$1,052.00$1.092
$1,352.00$1.392
$1,30<3.00$1.346
$1,352.00$1.392
$1,31&.00$1.388
$1,171.00$1.514
$1,171.00$1.514
Formula: Trunk Sanitary Sewer Fee - Previous Trunk Assessment
1999 - Example (Area 1C) = $1,550$1.590 - $198 = $1,352$1.392
TRUNK SANITARY CREDITS - SEWER DISTRICT 3
OCTOBER 27, 1994
PROJECT 89-5 (A)
Name PID Trunk Asmt Asmt/ Ac Sewer Fee w/Credit
Dak. Co. 14-03600-012-05 $10,111 $ 2,022.20 $.00
S. Broske 14-03600-011-03 809 1,011.25 538.75578.75
Duo Plastics 14-03600-012-29 3,033 1,011.11 538.89578.89
Duo Plastics 14-03600-013-27 3,741 1,011.08 538.92578.92
FEI 14-03600-016-29 3,033 3,033.00 .00
W. Berglund 14-03600-020-08 870 859.94 <390.06730.06
W &B Berglund 14-03600-015-29 26,906 859.94 <390.0<3730.06
B. Murphy 14-03600-012-27 40,445 1,011.13 538.&7578.87
No. Nat. Gas 14-03600-019-08 74,721 1,906.15 .00
S. Hammer 14-03600-011-05 60,667 2,022.23 .00
D&M Petersen 14-03600-010-33 80,889 1,011.11 53&.89578.89
Formula = Trunk Sanitary Sewer Fee minus Previous Assessment
1998 - Example (Petersen) = $1,550.00$1.590.00 - $1,011.11 = $538.89$578.89
NOTE: Trunk fees cannot be reduced below $0 - no refunds will be made on previous assessments.
19
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: Authorize Letter of Understanding - East Farmington PUD
DATE: December 20, 1999
INTRODUCTION
City staff and representatives of Sienna Corporation have been in discussions for the past
month in an attempt to resolve a storm sewer easement problem in the Sixth Addition as
well as clarify future maintenance responsibilities for storm sewers serving the interior
outlots in each block.
DISCUSSION
The attached letter of understanding, as prepared by the attorney representing Sienna
Corporation, spells out the terms that have been negotiated between the City staff and
Sienna regarding the future vacation of a portion of drainage and utility easements in the
side yards of two lots in each block of the Sixth Addition. It also clarifies that the future
maintenance responsibilities for the storm drainage improvements leading into the
interior outlots of the 1 st through 6th Additions as being the responsibility of the
homeowners association.
Formal vacation of the portion of the drainage and utility easement will take place after a
public hearing is held by the City Council. The vacation will reduce these easements
from 10' per lot to 6 feet per lot. This is being done so as to fit the desired house
configurations on the existing lots. The reduction of the size of these easements is no
longer a City concern since we will not have maintenance responsibilities for the drainage
improvements located within these easements.
This hearing will not take place until the second meeting in January. However execution
of this agreement will allow construction of the homes in the Sixth Addition to continue
in the meantime. The City will have the discretion as to whether to issue Certificates of
Occupancy until the easements have been formally vacated.
BUDGET IMPACT
This letter of understanding will benefit the City from the perspective that maintenance of
these storm drainage improvements leading to the interior outlots located in all of the
phases of East Farmington PUD will become the responsibility of the homeowners
association.
ACTION REQUESTED
Authorize execution of the attached letter of understanding with Sienna Corporation for
the East Farmington PUD.
Respectfu]ly ~/
David L. Olson
Community Development Director
cc: Rod Hardy, Sienna Corporation
Minneapolis
[JOndon
1100 International Centre
900 Second Avenue South
Minneapolis, MN 55402-3397
(612) 347-7000
F~(612)347-7077
www.fredlaw.com
FREDRIKSON & BYRON, I!A.
Attorneys and Advisors
AJJi/iQud Officer:
M~xico City
Warsaw ·
Direct Dial No.
(612) 347-7146
gmWlSon@fred1aw.com
December IS, 1999
Mr. Joellamnik
City Attorney for City of Farmington
Campbell Knutson Scott & Fuchs
1380 Corporate Circle Curve, Suite 317
Eagan, MN 55122
Re: SiennalEast Fmmington
Dear Mr. Jamnik:
Pursuant to recent discussions between Sienna Coxporation and the City of Farmington regarding
certain drainage and utility easements located in East Farmington First through Sixth Additions,
this letter sets forth the terms upon which the problems associated with those various drainage
and utility easements will be resolved between the parties. Pursuant to the discussions between
the parties, the City has agreed to issue building permits for certain lots located in East
Fannington Sixth Addition based upon this letter.
The terms upon which Sienna Corporation and the City of Fannington agree to deal with various
drainage and utility easements located in East Fannington First through Sixth Additions is as
follows:
1. The City of Fannington will assign to East Fannington Homeowners Association, Inc.,
and East Farmington Homeowners Association, Inc. will assume, the maintenance
obligations, and ownership with respect to the storm drainage improvements constructed
within all drainage and utility easements leading to the interior outlots of each block
located in East Farmington First through Sixth Additions. The City will retain all
ownership of and maintenance obligations of storm sewers located within the public road
right of way.
2. With respect to all drainage and utility easements leading to the interior outlots of each
block, which are located in East Farmington Sixth Addition, and which exceed six feet,
the City of Farmington agrees to vacate any such portion of any such easement which
exceeds six feet per lot. The intent of this paragraph is to reduce the existing 10-foot
easements leading to the interior outlots of each block down to 6-foot easements on each
lot. In addition, the City of Farmington agrees that all drainage and utility easements
FREDRIKSON & BYRON, P.A.
Atlflrntyl and AdfJuors
Mr. JoelJamnik
December 15, 1999
Page 2
leading to interior outlots of each block in future additions will be limited to six feet per
lot.
3. East Farmington.Homeowners Association, Inc. agrees to inform each and every builder
that construction pursuant to building permits issued with respect to lots containing 10-
foot drainage and utility easements is at the builder's own risk. The City may, but shall
not be required to, issue a certificate of occupancy for any dwelling constructed within
any easement area which has not yet been vacated by the City of Fanning ton.
4. Upon issuance of the requested building pennits pursuant to the tenns of this letter,
Sienna Corporation will order James R. Hill, Inc. to prepare proposed legal descriptions
for the necessary vacations to be made in the East Farmington Sixth Addition. Upon
receipt of those legal descriptions, they will be forwarded to your attention so that the
easements may be vacated and the maintenance obligations assigned by the City of
Farmington.
5. The letter of credit posted by Sienna under the Development Contract for East
Fannington Sixth Addition shall serve as security for Sienna's performance of its
obligations under this letter. No builder shall be required to post security hereunder.
Your acknowledgment in the space provided below will reflect the City's general acceptance of
the terms contained. herein. Execution in counterparts and delivery by facsimile shall constitute
one complete and effective document. I look forward to working with you to move this project
ahead as quickly as possible. Please don't hesitate to call me with any questions.
cc: R.D. Hardy
Acknowledged and Agreed
City of Fannington
Sienna Corporation
By:
Its: Commwrity Development Director
By:
Rodney D. Hardy
Its: Vice President
::ODMA\PCDOCS\FBDOCS I \2324397\4
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
/JcL
TO: Mayor and City Council
FROM: John F. Erar, City Administrator
SUBJECT: Amend Ordinance - Chapter 10, Section 1-10-1 Salaries
DATE: December 20, 1999
INTRODUCTION
City Council salaries may be amended pursuant to state statute and the City Code. To assist Council in
their review of this issue, a survey of similarly sized communities in the metropolitan area has been
conducted to provide Council with a means of comparing compensation information.
DISCUSSION
Section 1-6-5 of the Farmington City Code provides that the compensation of elected and appointed
officers of the City shall be as provided from time to time by the Council and as set forth in Chapter 10
of Title 1 of the City Code. Section 1-10-1 currently provides that the monthly gross salaries for the
Mayor and City Council members shall be $250 per month. Section 1-10-2 made these compensation
levels effective January 1, 1989. There is no record of any subsequent revisions to these amounts over
the past ten years.
State law governs the setting of mayor and council salaries, The pertinent section is reprinted in its
entirety below:
415.11. Cities of second, third and fourth class, salaries of the governing body
Subdivision 1. Notwithstanding the provisions of any general or special law, charter, or ordinance, the
governing body of any statutory or home rule charter city of the second, third or fourth class may by
ordinance fix their own salaries as members of such governing body, and the salary of the chief elected
executive officer of such city, in such amount as they deem reasonable.
Subd. 2. No change in salary shall take effect until after the next succeeding municipal election.
Given that the next municipal election is in November 2000, the earliest effective date for any change
in Mayor and Council salaries is January 1,2001, or twelve years after the last adjustment. In order to
adjust Council salaries, amending the existing ordinance would be required.
The attached salary survey includes cities with a population range of approximately +(-) 50% of the
City's 1998 population estimate of 10,563, with the cities of Ramsey, Hastings and Savage at the 80th
percentile included due to similar growth dynamics and infrastructure characteristics. Population
estimates are from the Metropolitan Council's 1998 census data. Council salary data is from the
Association of Metropolitan Municipalities 1999 salary survey.
A statistical analysis of the salary data suggests that City Council salaries are significantly below the
metropolitan average. The position of Mayor has annual compensation level that is approximately
$2,109 below the sampled group average. Similarly, Council member positions have annual salaries
that are significantly below the sampled group average (mean) by approximately $1,051.
Justification for adjusting salaries include:
· Recognition that no change in Council salaries has been made in over 10 years, with any potential
adjustments not taking effect until 2001 or twelve (12) years since the last adjustment;
. Reimbursement for lost personal and family time spent at meetings, public activities and dealing
with constituent and community issues;
. The need to ensure equity and comparability with similar communities in terms of fairly
compensating the positions for their respective duties and responsibilities as elected officials.
. An issue of regional fairness. Mayor and Council salaries are significantly below average
metropolitan cities with similar growth and community dynamics.
BUDGET IMPACT
The City Code reflects any adjustment to current salaries as a monthly adjustment. For example, the
recommended increase for the Council member position is $1,020 per year or approximately $85 per
month and is identified in the amended ordinance as $335 per month. Similarly, the recommended
increase in the Mayor position is $2,040 per year or approximately $170 per month and is identified in
the amended ordinance as $420 per month.
As this change would not take effect until January 1, 2001, following the 2000 elections, there is no
fiscal impact in the 2000 Budget, and has no effect on office holders until that time.
RECOMMENDATION
In review of the attached Council compensation survey, and in terms of the amount of time locally
elected officials spend at Council meetings, workshops, resolving constituent concerns, and attending a
wide variety of public meetings, the adjustment in salaries is entirely appropriate and justified.
Moreover, given the fact that Council compensation has not been adjusted since 1989, and will not
take effect until January 1,2001, a time period of 12 years, these adjustments have become necessary
to ensure comparability with similar communities, and to address fairness and equity issues relative to
the time and commitment made by elected officials in upholding their official duties and
responsibilities.
Adopt the attached ordinance amending Council salaries that will become effective, pursuant to state
statute, on January 1,2001.
Respectfully submitted,
/'"'
{,
J, hn F. Erar
/ ity Administrator
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 1, CHAPTER 10
OF THE FARMINGTON CITY CODE CONCERNING
SALARIES, MAYOR AND COUNCILMEMBERS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 1-10-1 of the Farmington City Code is amended by to read as follows:
1-10-1: SALARIES: The monthly gross salaries for Mayor and Council shall be as follows:
Mayor................................................. .$420 per month
Councilmember....... ........... .... ............ ..$33 5 per month
SECTION 2. Section 1-10-2 of the Farmington City Code is amended by to read as follows:
1-1 0-2: EFFECTIVE DATE: The above salaries shall become effective on January 1,2001.
SECTION 3. Effective Date. This ordinance shall take effect immediately upon its passage and
publication.
ADOPTED this
Farmington.
day of
, 1999, by the City Council of the City of
CITY OF FARMINGTON
By:
Gerald
Ristow, Mayor
ATTEST:
John F. Erar, City Administrator
Approved as to form the
day of
,1999.
City Attorney
Published in the Farmington Independent the
day of
, 1999.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
J3~
TO:
Mayor, Councilmembers and City Administrator1,*"
Joel Jamnik
City Attorney
FROM:
SUBJECT:
Use of Private Property by City Maintenance Vehicles
DATE:
December 20, 1999
INTRODUCTION
At the December 6, 1999 Council Meeting, Mayor Ristow raised an issue regarding a property owner's
concern that by allowing continued use of his property by City solid waste collection vehicles that he
would possibly lose some of his property rights through adverse possession.
DISCUSSION
In researching this matter further, it appears that the City vehicles are using the resident's property in the
area of a vacated alley. I have asked City staff to help research the circumstances under which that
alleyway was vacated to determine if the issue of continued City access or use was addressed in that
earlier Council action. If it has been addressed previously, there may be nothing more for the Council to
do. If on the other hand, the previous action of the Council does not address the matter, we could draft an
encroachment agreement which could then be recorded against the property giving the City a license or
right to access the property for the limited purpose of servicing neighboring properties for solid waste
collection. This document would allow the property owner to terminate the right of access under
specified circumstances or for any reason at all. I am hesitant to draft this agreement, however, until we
can conduct further research into the circumstances surrounding the alley vacation.
BUDGET IMPACT
None.
ACTION REQUESTED
I recommend continuing this matter until the next regularly scheduled Council meeting.
Respectfully submitted,
/;2~~~
u Z/? ,~
Joel J. Jamnik
City Attorney
Cindy Muller
rom:
ent:
.0:
Cc:
Subject:
Joel J. Jamnik [Joel@ck-Iaw.com]
Tuesday, December 14, 19991:52 PM
'John Erar'
'Cindy Muller'
Draft memo to Council
John,
Please review the following. I haven't been able to find a file on this
matter in the materials received from Dave Grannis. We may be able to find
it in the Council minutes and resolutions, or possibly at Dakota County
assuming the easement vacation resolution was properly recorded. Thanks.
Joel
Draft
December 14,1999
To: Mayor and Councilmembers
From: Joel Jamnik
Subj: Use of private property by city maintenance vehicles
At the last Council meeting, Mayor Ristow raised an issue regarding a
property owner's concern that by allowing continued use of his property by
ity solid waste collection vehicles that he would possibly lose some of his
operty rights through adverse possession. In researching this matter
,urther, it appears that the City vehicles are using the resident's property
in the area of a vacated alley. I have asked City staff to help research
the circumstances under which that alleyway was vacated to determine if the
issue of continued city access or use was addressed in that earlier Council
action. If it has been addressed previously, there may be nothing more for
the Council to do. If on the other hand, the previous action of the Council
does not address the matter, we could draft an encroachment agreement which
could then be recorded against the property giving the City a license or
right to access the property for the limited purpose of servicing
neighboring properties for solid waste collection. This document would
allow the property owner to terminate the right of access under specified
circumstances or for any reason at all. I am hesitant to draft this
agreement, however, until we can conduct further research into the
circumstances surrounding the alley vacation. Consequently, I recommend
continuing this matter until the next regularly scheduled Council meeting.
Joel J. Jamnik, Esq.
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
jjamnik@ck-Iaw.com
hone: (651) 452-5000
irect Dial: (651) 234-6219
Fax: (651) 452-5550
CONFIDENTIALITY NOTICE:
1