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HomeMy WebLinkAbout11.02.98 Council Packet COUNCIL MEETING REGULAR November 2, 1998 .. 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS a) Employee Introduction - Community Development Department b) ISD 192 Update - Acting Superintendent Endersbe 6. CITIZEN COMMENTS (Open for Audience Comments) a) Mr. Kerry Rustan - Traffic Concerns 7. CONSENT AGENDA a) Approve Council Minutes 10/19/98 (Regular) and 10/21/98 (Special) b) Set Public Hearing for November 16, 1998 - Various Licenses & Permits c) Adopt Resolution - FEMA Sub-Grant Agreement d) Adopt Resolution - Dakota County Estates 9th Addition Development Contract Addendum e) Capital Outlay Request - Fire Department t) School and Conference Request - Fire Department g) Appointment Recommendation - Public Works Department h) Approve Bid Advertisement - Nelsen Hills Parks Grading i) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Deer Meadows 2nd Addition Citizen Petition b) Adopt Resolution - St. Michael's Church Development Contract (Supplemental) c) Township Resident - Sanitary Sewer Connection Request d) Acknowledge Silver Springs Residents Park Request e) Castle Rock Township Board Communication 1. UNFINISHED BUSINESS a) Status Report - 300 1 st Street b) 2nd Street Parking Lot - Enforcement Issues c) Authorize Bid Advertisement - Emergency Generators for Sewer Lift Stations Action Taken 12. NEW BUSINESS a) Approve Eagle's Club Assessment Agreement b) Accept Year 2000 Compliance Report 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION - PROPERTY CONDEMNATION (continuation) 15. ADJOURN City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us bCiJ TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Citizen Comments - Kerry Rustan - Pilot Knob Road Reconstruction DATE: November 2, 1998 INTRODUCTION At the October 19, 1998 Council meeting, Kerry Rustan, 5474 193rd Street, expressed concerns regarding trucks speeding on the Pilot Knob Reconstruction project, specifically in the area of 193rd Street. DISCUSSION Concerns of speeding trucks have been forwarded to the on-site construction manager from Dakota County who has resolved the problem with the contractor. The Police Department is continuing to monitor the situation for any speeding violations. The lack of back-up beepers on construction trucks, was also brought to our attention and this information has also been conveyed to the County and as of this date, has been resolved. ACTION REQUIRED For information only. Respectfully submitted, cYiw- J~ Karen Finstuen Administrative Services Manager cc: Kerry Rustan k COUNCIL MINUTES REGULAR October 19, 1998 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, Fitch, Gamer, Strachan None City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Gamer, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS The Mayor proclaimed October 18-24, 1998 as Dakota County Water Resources Awareness week. 6. CITIZEN COMMENTS Kerry Rustan, 5474 193rd Street W, stated a construction vehicle ran into his mailbox. He has noted excessive speed by construction trucks on the County Road 31 project. As there is a daycare in the area, he wanted to bring the matter to Council's attention. Staff will research situation and write a response to Mr. Rustan. 7. CONSENT AGENDA MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows: a) Approved Council Minutes 9/21/98 (Revised) and 10/5/98 (Regular) b) Adopted RESOLUTION RI03-98 revising grading fee surety c) Adopted RESOLUTION RI04-98 setting bond sale CSAH 31 d) Adopted RESOLUTION RI05-98 approving gambling premises permit e) Approved appointment recommendation - Community Development Department t) Approved schools and conference request - Fire Department g) Approved schools and conference request - Parks and Recreation Department h) Acknowledged receipt of 1993 FEMA reimbursement funds i) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) October 19, 1998 Page 2 8. PUBLIC HEARINGS a) 1998 Sealcoat Project Assessment Hearing The 1998 Sealcoat project has been completed. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted. The total amount to be assessed to benefiting properties is $18,370, which is $55.00 per resident. MOTION by Gamer, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Strachan to adopt RESOLUTION RI06-98, approving the assessment roll for the 1998 Sealcoat project. APIF, MOTION CARRIED. b) Adopt Resolution - Vacation of Park Access Easement Mr . Todd Prom has filed a petition to vacate the south 15 feet of a 20 foot drainage/utility and park access easement on his property located at 18259 Euclid Street. It was discovered by City staff that Mr. Prom had inadvertently constructed a deck approximately 14 feet within the 20 foot easement area. The Parks and Recreation Department is willing to vacate the south 15 feet of the easement, but would like to maintain the remaining five feet as a utility/trail easement for possible future trail access into the park. MOTION by Gamer, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Cordes to adopt RESOLUTION RI07-98 vacating the south 15 feet of the north 20 foot easement of Lot 1, Block 4, Terra Second Addition, with the City maintaining a five foot drainage/utility and park access easement. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - St. Michael's Church Preliminary and Final Plat St. Michael's Catholic Church is proposing a 44,000+ square foot church facility. The preliminary and final plat shows six outlots on the site plan along with an 8.0- acre Church campus. Outlots A and B include an infiltration basin to fulfill the City's requirement for stormwater quality along the northern portion of the site. Development is not allowed in outlot areas. Stormwater ponds are encompassed by outlots and dedicated to the City. City staff considers outlots C, D, and E to be acceptable under the requirements for an outlot. Outlot F is considered a stormwater management pond and will be dedicated to the City as required by City policy. Staff requested approval of the preliminary and final plat for St. Michael's Church contingent on the following items: 1. Revisions to the plat and the amendments are contingent upon final plat approval. 2. The final plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, stormwater and utilities by the Engineering Division. 3. Submit a Landscape Plan showing plant locations and types ofplantings. Council Minutes (Regular) October 19, 1998 Page 3 The Mayor asked if the infiltration basins are within the setback area. Planning Coordinator Smick replied no, the City has 55 feet from the property line inward. That is where we measure setback lines. The front yard setback is required because Ash Street is an arterial, so it has to be 50 feet. The Mayor asked if infiltration basins are different from actual holding ponds. City Engineer Mann explained they are different, as the infiltration basin provides for water quality which allows the water to soak into the ground. MOTION by Gamer, second by Strachan to adopt RESOLUTION R108-98, approving the preliminary and final plat for St. Michael's Catholic Church. APIF, MOTION CARRIED. b) Glenview Townhomes and Commercial Final Plat - Extension of Plat Approval Mr. Tim Giles, developer for Glenview Townhomes, is requesting an additional time extension in order to finalize issues with Dakota County. He is requesting an extension for recording the final plat to January 29, 1999. A time extension may be granted once by the City Council during the platting process. Councilmember Cordes asked if there was a time limit as to the length of the time extension. Staff responded there is not. MOTION by Cordes, second by Strachan to approve the time extension for recording the Glenview TOwnhomes and Commercial Final Plat until January 29, 1999. Voting for: Cordes, Fitch, Gamer, Strachan. Abstaining Ristow. MOTION CARRIED. c) Accept Petition Bike Jump Park A number of students have submitted a petition addressed to the City Council requesting a bike jump park. Councilmember Strachan stated issues regarding liability and regulations need to be addressed. The petition will be forwarded to the Parks and Recreation Commission for further review. MOTION by Strachan, second by Gamer to accept the petition requesting a bike jump park. APIF, MOTION CARRIED. d) Councilmember's Communication - 1998 Election Council acknowledged receipt of a memo from Councilmember Fitch that he will complete his current term, but will not accept the seat if re-elected. e) Acknowledge Declaration of Annexation Intent It is the desire of the Seed Family and Astra Genstar Partnership to annex the 900+ acres they control in Empire Township. They propose to begin the process of annexing this property in increments of 60 acres. The City has received a MUSA expansion this year of 800 acres which is 8-10 years worth of MUSA. Therefore, the City is 4-5 years away from petitioning additional MUSA. The Seed Family would like to be in a position that their land is used for the next expansion. Council acknowledged receipt of the letter of intent from Genstar Land Company and Seed Family to annex their property into the City of Farmington. Council Minutes (Regular) October 19, 1998 Page 4 t) Receive Annexation Petition - Seed Trust Property The City has received an annexation petition from the Seed Family for 59 acres located in Empire Township adjacent to the City. It was suggested that Council have a joint meeting with the Planning Commission to review this request. The meeting was scheduled for November 18, 1998 at 7 p.m. MOTION by Gamer, second by Fitch to receive the annexation petition and schedule a Public Hearing for December 7, 1998. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Gamer: Asked Community Development Director Olson to address the 2nd Street Parking Lot issue. Staff responded. Mr. Olson, City Attorney Jamnik, and Police Chief Siebenaler had an earlier discussion on the use of the parking lot. According to City Attorney Jamnik, under state statute, the City is able to issue tickets for use other than public use, such as commercial use in the parking lot. There is a special statute for car dealers to maintain cars on their property. Cars cannot be advertised for sale on public property. Police Chief Siebenaler stated they had reached an agreement with the business not to use the lot until after the Staff meeting on October 20, 1998. The Mayor stated any registered, licensed vehicle should be allowed to use the parking lot. City Attorney Jamnik stated the City is authorized to provide parking facilities. If the business does not comply, Staff will bring a more comprehensive use plan to Council. Councilmember Fitch: Everything looks good on the North end. Stop lights are up on the County Road 31 project. Attorney Jamnik: He had a conversation with the City Attorney for Coon Rapids and St. Paul regarding train whistles. There are issues still pending and he will have an update at the next Council meeting. The Mayor stated he received a letter from Congressman Luther's office that he or a representative would be able to attend any meetings necessary. They are suggesting using a signalized horn at the crossing instead of the train whistle. Council Minutes (Regular) October 19, 1998 Page 5 City Administrator Erar: Regarding Cable TV franchise, progress is slowly being made on the final details. There are changes in the agreement that would be beneficial to the City. A final draft should be available by the end of November. A capital grant is included to be used for cameras and other equipment for broadcasting on TV. It is a possibility that the City will be able to broadcast the Council meeting by the 2nd meeting in January, or the 1 st meeting in February. Community Development Director Olson: Notices of the neighborhood meetings regarding the comprehensive plan have been sent to the Council. City Engineer Lee Mann: Middle Creek trunk sanitary sewer reached 195th Street. Everything is moving on schedule and the lift station will be disconnected late Fall. Mayor Ristow: Received a memo setting a special meeting on November 4, 1998 at 4 p.m. requesting the Council to sit as the Canvassing Board to accept the results of the 1998 Local Election. MOTION by Gamer, second by Cordes for the Council to sit as the Canvassing Board to accept the results of the 1998 Local Election. APIF, MOTION CARRIED. Regarding approval of 1998 Sealcoat Assessment Hearing, people have 30 days to pay the assessment, otherwise it will appear on their taxes and starts accumulating interest. 14. ADJOURN MOTION by, Fitch second by Gamer to adjourn at 8:15 p.m. APIF, MOTION CARRIED. Respectfully submitted, ;"'~.~~ r-7~~J Cynthia Muller Executive Assistant 70- COUNCIL MINUTES WORKSHOP OCTOBER 21, 1998 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. Members Present: Ristow, Cordes, Fitch, Gamer, Strachan Members Absent: None Also Present: City Administrator Erar, Management Team 2. APPROVE AGENDA MOTION by Fitch, second by Gamer to approve the agenda as presented. APIF, MOTION CARRIED. 3. 1999-2003 CAPITAL IMPROVEMENT PLAN City Administrator Erar stated the objective of the CIP is to present a comprehensive capital improvement program that communicates efforts: . to ensure that community priorities are reflected in the capital investment plan of each City department . to provide a consolidated financial picture of anticipated expenditures and outline recommended funding strategies to underwrite capital improvements . to document and communicate capital improvement processes for City improvement projects that will ensure consistency and public understanding of the public improvement process . to provide information on the fiscal impacts of capital investment plans on total City finances . to effectively plan for public improvements that support community needs in the areas of housing, transportation, public safety, recreation, utilities, with corresponding growth in the City's commercial tax base through aggressive, yet fiscally responsible economic development initiatives. Staff reviewed with council, items in the 1999 portion of the CIP. Council discussed the need for public facilities such as a central maintenance facility, satellite fire station, police facility and city hall which are listed in the CIP for the year 2001. It was a consensus that planning for the facilities should begin in 1999 in preparation for construction in the year 2001. Park and Recreation Director Bell, reviewed with Council the 1999 items which includes a replacement roof on the Library building and informed Council of the Park and Recreation Commission's desire to begin purchasing land for a centrally located ballfield/recreational facility along the 1 95th Street corridor. Public Works Director Mann reviewed with Council a list of proposed CIP items for 1999 including the two final Gateway Signs and the Downtown streetscape project. The CIP will be presented to the City Council for final approval at the November 16th or December 7, 1998 meeting. 4. CITY TOWING CONTRACT Police Chief Siebenaler provided a brief explanation of the three topics to be discussed regarding the City Towing Contract. Those issues were the location of the business, duration of contract and language changes. Chief Siebenaler presented information regarding current zoning issues in the City of Farmington. The Council concurred that there were zoning issues preventing the location of a towing business in the City and declined to make any changes in current zoning requirements and that any contractor who met the contract requirements regarding response time and zoning would be allowed to present a proposal. Chief Siebenaler presented information regarding the duration of the contract. Currently the contract is in effect for a minimum of one year or until an interested party requests the contract be opened for bids. Information was presented regarding duration of towing contracts in neighboring cities. The Council reached consensus that the duration of the City Towing Contract would be three years. The initial contract will be let for RFP rather than bid and would be awarded in February. Based on the RFP option, the Council reached consensus that the "30 day out" clause in the new contract would be "For Cause". It was also consensus by Council, that in order to present an RFP a contractor would be required to present proof of a properly zoned business and storage facility in addition to equipment. Chief Siebenaler made recommendations for several language changes in the contract. It was a consensus of the Council that those language changes would be incorporated into a new contract to be reviewed by the City Attorney. 5. ADJOURN MOTION by Gamer, second by Fitch to adjourn at 9:03 PM. APIF, MOTION CARRIED. Respectfully submitted, Karen Finstuen Administrative Services Manager Dan Siebenaler Police Chief 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 Administrator~ FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Set Public Hearing - Various Licenses and Permits DATE: November 2, 1998 INTRODUCTION A public hearing is required for the renewal of various licenses and permits for the year 1999. DISCUSSION Each year the following licenses expire December 31, and are required by ordinance, to be reviewed at a public hearing prior to renewal: On-Sale Liquor Licenses Sunday Liquor Licenses Club Licenses Therapeutic Massage Licenses ACTION REQUIRED Set a public hearing for 7:00 p.m., November 16, 1998, to review license renewal applications. Respectfully submitted, ~~ Karen Finstuen Administrative Services Manager City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us k FROM: Mayor, Councilmembers and City Administrato~ Daniel M. Siebenaler Chief of Police TO: SUBJECT: Resolution Authorizing Execution of Sub-Grant Agreement Department of Public Safety, Division of Emergency Management DATE: November 2, 1998 INTRODUCTION I DISCUSSION The City has received notification of eligibility to obtain disaster relief funding resulting from the June 23, 1998 storm. The State of Minnesota Department of Public Safety, Division of Emergency Management will act as the distribution point for Federal Disaster Funds. In order to receive those funds the City must designate an "Authorized Official" to sign the State Sub-Grant Agreement. BUDGET IMPACT The Federal share of Disaster Relief to be awarded through the State of Minnesota is $4,028.00 ACTION REOUESTED Adopt the attached resolution identifying Daniel M. Siebenaler as the local official authorized to sign Sub- grant agreements and amendments as necessary according to the Minnesota Department of Public Safety, Division of Emergency Management. Respectfully submitted, (~~~~~\;/,"-1-L~~~.i~ Daniel M. Siebenaler Chief of Police <L ""- RESOLUTION RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT Be it resolved that the City of Farmington enter into a Sub-Grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1225 DR-MINNESOTA. Police Chief Daniel M. Siebenaler, as Emergency Management Director for the City of Farmington is hereby authorized to execute and sign such Sub-grant Agreements and amendments as are necessary to implement the project on behalf of the City of Farmington. I certify that the above resolution was adopted by the City Council of the City of Farmington on November 2, 1998. SIGNED: WITNESSETH: (Signature) (Signature) (Title) (Title) (Date) (Date) City of Farmington 325 Oak Street. Farmington. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmington.mn.us 7c1 TO: Mayor, Councilmembers, City Administrato~ FROM: David R. Sanocki, Engineering Division ~ SUBJECT: Dakota County Estates 9th Addition Development Contract Addendum - Landscaping DATE: November 2, 1998 INTRODUCTION The street and utility improvements outlined in the Development Contracts for Dakota County Estates 9th Addition have been completed except for project landscaping and minor punchlist items. DISCUSSION A number of developers have expressed interest in establishing a landscaping letter of credit, covering the placement of project trees and boulevard sod, so that the project streets and utilities can be closed out. BUDGET IMPACT None. ACTION REQUESTED Adopt the attached resolution accepting the addendum to the development contract for landscaping for Dakota County Estates 9th Addition. Respectfully submitted, ~~ ~"L David R. Sanocki Engineering Division Cc: file Jack Benedict, Benedict and Associates RESOLUTION NO. R -98 ACCEPTING ADDENDUM TO DEVELOPMENT CONTRACTS Dakota County Estates 9th Addition Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 2nd day of November, 1998 at 7:00 p.m. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Resolution No. Rl 1 1-94, the City Council approved the preliminary and final plats of Dakota County Estates 9th Addition contingent upon the execution of a development agreement; and, WHEREAS, an addendum is now before the Council for its consideration setting forth, among other things, a surety in the amount of $5,000 for the completion of the landscaping for Dakota County Estates 9th Addition. NOW THEREFORE, BE IT RESOLVED that 1. The aforementioned addendum to the development contract, a copy of which is on file in the Clerk's office, is hereby approved. 2. The Mayor and Administrator are hereby authorized and directed to sign such conduct. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of November, 1998. Mayor Attested to the day of November, 1998 City Administrator Addendum to the Development Agreement for Landscaping AGREEMENT dated this day of the City of Farmington, a Minnesota Municipal Benedict and Associates, (The Developer). , 19 _, by and between Corporation (City) and Jack WHEREAS, the City has approved the Developer's plans and specifications for a landscaping improvement as part of the final plat and developer agreement for Dakota County Estates 9th Addition, and; WHEREAS, all other public improvements, payments, dedications, and other obligations of the Developer have been met except for the landscaping improvements, and; WHEREAS the Developer and the City wish to finalize the plat with the exception of all warranty periods and landscaping improvements. NOW THEREFORE, in consideration of the above and other good and valuable consideration, the Parties hereby agree as follows: The Developer agrees to construct such required improvements according to the provisions of the plans and specifications attached as Exhibit "A" (approved Landscaping Plans) and incorporated herein by reference. The Developer, further agrees to comply with all such additional conditions as may have been established by the City in Exhibit "B", which is attached and incorporated herein. To guarantee completion and compliance with the terms of this Agreement the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank for $5,000. This Agreement and surety is provided to guarantee completion and compliance with the terms set out in this Agreement within the time period specified in Exhibit "B". Both the bank and the form of letter of credit shall be subject to the approval of the City Administrator. The security shall be for a period ending October 2, 2000, at which time all remaining landscaping shall be complete. If the required improvements are not completed, or the terms of the Agreement are not fully satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the City in its' sole discretion may draw down the security, without any prior notice. The City may review annually the adequacy of the surety or letter of credit. The City reserves the right to at anytime direct the letter of credit to be increased to reflect inflation, changed conditions, or compliance with this Agreement. "The Developer" The City of Farmington By: Jerry G. Ristow It's Mayor By: John F. Erar It's Administrator DAKOTA COUNTY ESTATES 9TH ADDITION EXHIBIT B LANDSCAPING STATUS REPORT Inspected 10/2/98 STREET BLOCK LOT # DEAD # MISSING English Avenue 1 1 0 5 1 2 0 5 1 3 0 4 TOTALS o 14 NOTE: All remaining landscaping trees will be required to be placed before October 2, 2000. The following items will need to be completed prior to the release of this letter of credit: 1. Place boulevard sod on the west side of English Avenue. 2. Submit project As-built plans. 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 Administrato~ FROM: Ken Kuchera, Fire Chief SUBJECT: Capital Outlay Request DATE: November 2, 1998 INTRODUCTION The Fire Department is requesting to purchase Hazardous Material Isolation Equipment from Clarey's Safety Equipment. DISCUSSION The items to be purchased include a 5 minute Scott SKA-PAK Respirator with 5 minute Cylinder, three 50 foot Hose sections and fill regulator. BUDGET IMPACT These items are included in the 1998 budget. ACTION REQUESTED Approve the purchase of Hazardous Material Isolation Equipment. Respectfully submitted, ~ kJ~___ Ken Kuchera Fire Chief City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fannington.mn.us IF TO: Mayor, Councilmembers, City Administrato~ FROM: Ken Kuchera, Fire Chief SUBJECT: School and Conference Request DATE: November 2, 1998 INTRODUCTION The Fire Department is requesting approval for Assistant Chief Mark Fischbach to attend the Federal Emergency Management Agency's TrainingCenter on November 29 - December 4, 1998 in Emmitsburg, Maryland. DISCUSSION Each year firefighters throughout the United States are selected to attend the volunteer Incentive Program through the Federal Emergency Management Agency (FEMA) held at the Fire Academy in Emmitsburg, Maryland. The State of Minnesota has been recognized and represented on a continuous basis. Mark Fischbach has been selected as one of the firefighters from Minnesota to attend the academy. The expense to the City of Farmington is minimal. Transportation will be by Air at an estimated cost of $249.00. This is subject to change but a firm price will be locked in upon approval by Council. The airfare will be totally refunded when Mr. Fischbach completes the course and the refunded amount will be returned to the City. A meal ticket will be issued upon his arrival at a cost of $90.00, this cost is not refundable. Lodging is provided by the Fire Academy at no cost. BUDGET IMPACT Mr. Fischbach is requesting the City pay airfare at an estimated cost of $249.00, the cost of which will be refunded and $90.00 for a meal ticket which is provided for in the 1998 budget. ACTION REQUESTED It is truly an honor for the City of Farmington Fire Department to be selected by FEMA to receive this opportunity. The training provided will prove to be a tremendous contribution to the knowledge of the Fire Department. Staff requests Council approval to attend the Federal Emergency Management Agency Fire Academy. Respectfully submitted, )(~~)~ ~<-<V uJ Ken Kuchera Fire Chief City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7j TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Appointment Recommendation - Public Works Department DATE: November 2, 1998 INTRODUCTION The recruitment and selection process for the appointment of a full-time Maintenance Worker in the Public Works Department, Street and Utility Division has been completed. This opening was the result of a vacancy caused by an internal staff promotion. DISCUSSION After a thorough review of applicants for this position by the Public Works Department and Personnel Office, an offer of employment has been made to Mr. Glenn Mogensen, subject to ratification by the City Council. Mr. Mogensen has been working in the capacity of a full-time Parkkeeper for the City Parks and Recreation Department for the past year and a half. Mr. Mogensen was an internal candidate for this position and was recognized for his hard work, excellent customer service skills and personal initiative. Glenn's knowledge of City snowplowing operations and other infrastructure maintenance activities will be especially valuable to the conduct of City street and utility operations. Mr. Mogensen's performance with the City during that time has been commendable and he is fully qualified and capable to serve as a full-time Maintenance Worker. BUDGET IMPACT Funding for this position is authorized in the 1998 Budget. RECOMMENDATION Approve the appointment of Mr. Glenn Mogensen as a full-time Maintenance Worker effective November 3, 1998. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us /,4 TO: Mayor, Councilmembers, City Administrato~ FROM: James Bell, Parks and Recreation Director SUBJECT: Adopt Resolution to Authorize Advertisement of Bids - Parks Department DATE: November 2,1998 INTRODUCTION Authorize the advertisement for bids for the grading and seeding of the park at Nelson Hills Farm. DISCUSSION This project is at the stage where the preparation of plans and specifications by staff are substantially complete and advertisement for bids for the grading and seeding is appropriate. The advertisement will include the grading to accommodate a ball field and play area in addition to seeding. BUDGET IMPACT The funds for this project are budgeted in the 1998 Capital Improvement Budget. ACTION REQUESTED Adopt a resolution ordering advertisement for bids to grade and seed the Nelson Hills Farm Park. Respectfully submitted, ~~ James Bell Parks and Recreation Director PROPOSED RESOLUTION No. R - APPROVE ADVERTISEMENT FOR BIDS - PARKS DEPARTMENT 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 2nd day of November, 1998 at 7:00 P.M. Members Present: Members Absent: Member ------ introduced and Member ----- seconded the following: WHEREAS, the City of Farmington has a need for a park to be used for the public in Nelson Hills Farm Plat; and WHEREAS, it is in the best interest of the City to construct such park. NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby authorize the advertisement for bids to grade and seed the park in Nelson Hills Farm Plat. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of November, 1998. Mayor Attested to the day of November, 1998. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOa- FROM: Mayor, Councilmembers, City Administrator/~ Lee M. Mann, P.E., Director of Public Works/City Engineer TO: SUBJECT: Deer Meadows 2nd Addition Citizen Petition DATE: November 2, 1998 INTRODUCTION Staff received a petition from residents in the Deer Meadows 2nd Addition citing water problems (attached). DISCUSSION Staff held a resident meeting on Tuesday, October 27, in order to gather information regarding the resident's issues. In summary, the residents at the meeting brought forth issues regarding yard drainage problems and wet basements. Staff recorded each resident's concerns. Staff will need time to review the issues that have been brought forth by the residents before any solutions or recommendations can be forwarded to Council. BUDGET IMPACT None identified at this time. ACTION REQUESTED This memo is for Council's information only. Respectfully submitted, ~m~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Petitioning residents of Deer Meadows 2nd Addition o.G.T _~' 98(MONI 12:42 C. B. BURNET TEL:612 435 3030 P. 002 P~02 Oct-16-9a 06:09P --' , ...- October 6, I 998 ThiR petitiun is In the City Qf F~n-mhIRton R n d developn Tim Cllell r (H Lhe unsolved water problem (lr the Dccrmeadow 2nd Addlllon 01' Farlllingh.ln, linlh parli~lf hu\'c been Ilwqre 0" 'be sihudlon ~incc thf; "pring or t)t< umJ have rot\l~cd tl,') tak.e "my rcspun~ibilil}'. A~ hllmCnwnCfl'l We arc rt!~uc9ti I\g j m media.le rel\lll uti un. /~f< . 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'J1U~_Jf.J-LfA.1Lt.d-l-L&4.t.~-~J.l.J"J.-~Q--~..tJJ.--~-~D.~o.- ;f~1L4_:L~J--Ke I~~ 6'l.ll~J..re"1_j":LrL______:Lk 3.. .31~.~:__ ~~:'!t._ T rL'1cfL_fcL's{.tL_->:-.z~2._11P-::.$..t.5~~____'!fL::..lJ:.ZL_- (LJ.(:'.J..c_~~, ?/_______.sJ'~.i.-~\.~. fl.-l_~_1~_~-.d.~~2il-- Q.~d2tf !i.8fi:J.J8~I.~__~'t6.;Lt!f[Y~ ---------------------~~-~~------------------------------~------- ----------------------------------------------------------~------- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor & Councilmembers FROM: John. F. Erar, City Administrator SUBJECT: Supplemental Agenda DATE: November 2, 1998 It is requested that the November 2, 1998 agenda be amended as follows: PETITIONS, REQUESTS AND COMMUNICATIONS 10 (b) Adopt Resolution - St. Michael's Church Development Contract St. Michael's Catholic Church is proposing a 44,000+ square foot church facility. Staffis requesting Council approve the Development Contract for St. Michael's Catholic Church. Respectfully submitted, ohn F. Erar City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IO~ TO: Mayor and Councilmembers City Administrator~ FROM: David L. Olson Community Development Director SUBJECT: St. Michael's Addition Development Contract DATE: November 2, 1998 INTRODUCTION The Development Contract for St. Michael's has been drafted in accordance with the conditions presented at the October 19, 1998 City Council meeting at which the Preliminary and Final plats were approved. DISCUSSION The St. Michael's Addition Development Contract requires the following conditions to be agreed upon: 1. the Developer enters into the Development Contract; and 2. the Developer provides the necessary security in accordance with the terms of this Agreement; and 3. the Developer agrees to all of the calculated development fees included in the agreement. The amount of credit for the Surface Water Management fee is $84,541.56 which reflects the cost of improvements that are being constructed onsite that reduce future trunk facilities needed downstream. All other fees have been calculated in accordance with City policies. The Church has elected to have the development fees contained in this agreement spread over a 15 year assessment period. ACTION REQUESTED Approve the execution of the St. Michael's Addition Development Contract and adopt a resolution authorizing the Mayor and City Administrator to sign said agreement. Respectfully submitted, DaVId L. Olson Community Development Director RESOLUTION NO. APPROVING DEVELOPMENT CONTRACT - St. Michael's Addition - Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of November, 1998 at 7:00 P.M. Members Present: Members Absent: introduced and Member _ seconded the following: Member WHEREAS, pursuant to Resolution No. _ , the City Council approved the fmal plat of St. Michael's contingent upon the following conditions: 1. The memo dated October 19, 1998 from the City Engineer requires certain revisions to the plat and the plat approval is contingent on these changes being made. 2. The Final Plat is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. 3. Submit a Landscape Plan showing plant locations and types ofplantings. NOW, THEREFORE, BE IT RESOLVED that: 1. The aforementioned development contract, a copy of which is on file in the Clerk's office, is hereby approved. 2. The Mayor and Administrator are hereby authorized and directed to sign such contract. This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd day of November, 1998. Mayor Attested to the _ day of November, 1998. City Administrator City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lOG TO: Mayor, Councilmembers, City Administrato~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: SUBJECT: Township Resident - Sanitary Sewer Connection Request DATE: November 2, 1998 INTRODUCTION The residents at 516 Ash Street, Mr. & Mrs. Don Wilson, have requested a sanitary sewer connection to the City's force main that runs along the south side of Ash Street from the Sunnyside lift station to the gravity system in Third Street. The property at 516 Ash Street is currently in Castle Rock Township. DISCUSSION Mr. Wilson met with City staff to inquire about the possibility of installing a grinder pump sanitary sewer system in his home and connecting the discharge line to the existing City force main adjacent to Ash Street. The grinder pump would be installed on the resident's property and would pump the resident's sewage via a small force to the City's force main. Staff has reviewed the proposal and forwards the following findings. Engineering Issues There are several engineering issues that warrant concern regarding this proposal. Firstly, if the grinder pump system is connected to the force main, the residents system will need to have some kind of back flow prevention check valve. Without such a valve, the Sunnyside lift station would discharge sewage into the resident's home every time the lift station operates. Accordingly, there is a concern if the situation were ever to arise that the check valve fails. The physical issues for the homeowner and the liability issues for the City need to be considered. The second issue concerns the connection to the force main itself. The force main, which was installed approximately 35 years ago, is made of cast iron pipe which is very brittle. There is concern that tapping in to the force main to connect a residents system could ultimately cause leaks in the force main. If this resident is allowed to connect in this manner, it is anticipated that all of the residents along Ash Street that are having issues with septic systems will request the same connection. The risks outlined above are then multiplied by the number of homes that are allowed to connect. Legal Issues The City Attorney has indicated that the following steps would be recommended if this type of connection is allowed. . The property(s) in question, if allowed to connect in this manner, would need to annex into the City. . The property owner(s) would need to fully indemnify the City and waive all claims for any damages against the City for the City's negligence or the property owner's negligence. The property owner would need to be represented by counsel and the agreement would need to run with the land. · The property owner(s) would need to sign an agreement to participate in the costs of any permanent sewer system that might be constructed in the future. The right to object to assessments for a future sewer project would need to be waived. Risk Management The City Finance Director has reviewed risk management issues regarding this proposal. If the City were to allow this force main connection, the resident could run a more significant risk of a sewer backup than with a gravity system, which could effectively flood the resident's basement with several feet of raw sewage. Despite an indemnification agreement with the resident, such a backup could result in a claim against the City for the damages caused by the backup. Therefore, this connection would not be in the City's best interest from a risk management perspective. BUDGET IMPACT It would be recommended that any costs associated with this type of connection to the sewer system be borne by the property owner(s). RECOMMENDATION Based on the information contained in this staff report, it would not be recommended to pursue this type of connection. Respectfully submitted, ~Jrt~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Don Wilson, 516 Ash Street City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us IOe! TO: Mayor, Councilmembers, City Administrator{1i:- FROM: James Bell, Parks and Recreation Director SUBJECT: Acknowledge Silver Springs Residents Petition Requesting Park DATE: November 2, 1998 INTRODUCTION Staff has received a petition with numerous signatures requesting a park in Silver Springs. DISCUSSION A number of residents have submitted a petition requesting a park in the new addition to Silver Springs. The residents were under the assumption that a park would be built in the neighborhood. As the petition indicates, the residents were told this by various people when building or purchasing their property. With the realignment of County Road 31, a parcel of property has been cleared for development. However, the property needs to be platted. Therefore it may be possible to provide a tot lot in this area during the platting process if the Council and P ARAC concur. ACTION REQUESTED Council acknowledge receipt of the petition from the residents of Silver Springs and forward it to the P ARAC for review and recommendation. Respectfully submitted, -Jc--~~ James Bell Parks and Recreation Director cc: Tim Giles Families of Silver Springs ..-r- 0J~ - -$t-r-- l~ 0- ~tn.e IJ~ - ~ J/I~ ~ It IlA<<ftd. ~~ fIo/./ October 15,1998 Jim Bell, park and rec. Dear Sir: ~ We, the families of Silver Springs Addition are asking for some clarification on the status of a park for our neighborhood. The residents of Silver Springs when either building or buying in this neighborhood were told by Tim Gilles, Realtors, or their builder that a tot park would be built in our neighborhood. We personally were told that a park would be built on the comer of 189t1l and English when we purchased our home from the original owners. Our next door neighbors purchased their home from the mayor and were told a similar story. This letter is a formal petition to ask that a park be built in our neighborhood. We feel that because of the amount of homes and homes specifically with small children we justify the need for a park. We ask for a formal response to the development of the few remaining Jots created with the extension of English Ave. The folJowing is a list of n~mes, residents that would also ask that a park b......:"rbUilt .in ~ur nei~borhOod.. &' Si/1~~JA i/Ifi ~ :yx~:~t~U.-0e.::f.J r;!~,zJ ~ 71l~ ~~ ~3~~:'l~~ .0k.&".J E r ~_ Fannington '}~i G ~ ~j~~ ~~ ~~~~% ~~ . ;!~ ~ ~ ~ ~M~t/\ J &1; ~; /:1 " AAad~ " ~r ~ / / , fh - ~ ~~~ - Families of Silver Springs O~Q - , .. ,1/ ..O!11VL ../ / . --_._~ ...;/ ~~~~Z-'='-- J=- (..I.=G/-c~""1 ~ ~~~ ~. \ ,-~Y~~~l;c> , >'7 11/ .~'/d / ' II //// /f:{t: .- Il~~ l/ /I'/I" V ./ \)~ '~~ ~/.L~~,- ':b . 'j ! -~ ~~ rk~ ~ ~~'6U , ..s....... .' kve-l~. (,j. '" ( ~-7l~ K~ t NI-t-l,i /.'.[Z..' I. -. I lO J1j:UJ , L. Ie' ~ / ;(f:iIJ:J .if? c ~ (1../Yl J -i'~- j,~p pg2 JOe CASTLE ROCK TOWNSHIP P.O. BOX 6 FARMINGTON MN 55024 Board of Supervisors Alyn Angus, Chair, 463-3182 Norbert Kuhn, Supervisor, 463-7813 Gordon Wichterman, Supervisor, 463-3599 William T. Neil, Supervisor, 507-645-4332 Jim Ozmun, Supervisor, 463-3623 Township Office, 460-2221 October 23, 1998 Mr. Carl Schenk., Sector Representative Metropolitan Council Staff 230 E. Fifth Street St. Paul, MN 55101-1634 At our last Board of Supervisors meeting we discussed the City of Farmington's proposal that our Engineers work together concerning the feasibility study to develop the Prairie Waterway ponding and system. The other option was to hire a neutral 3rd party Engineer. The board agreed with the City of Farmington's proposal that we have our 2 Engineers work together on this project. Sincerely, , '1~'1UM&u Michelle Nicolai, Clerk cc: Linda O'Connor, Met Council Staff City of Farmington Castle Rock Board Members City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ct.farmington.mn.us / It%; TO: Mayor and Councilmembers City Administrator ~ FROM: David L. Olson Community Development Director SUBJECT: Fire Damaged House at the Comer of Elm and First Street DATE: November 2,1998 INTRODUCTION The City has received the attached letter from Dave King who has acquired the mortgage for the above described property located at 300 1 st Street. DISCUSSION Mr. King's letter describes the status of his efforts to acquire and eventually remove this fire damaged residential structure. As the letter indicates, Mr. King is in the process of having the abstract updated and then plans to take ownership ofthe property. He has taken interim measures to cover the fire damaged portions of the house with masonite and is keeping the grass mowed. His plans for the property are to demolish the existing structure and either build a new duplex on the lot (which was the previous use of the property and which is allowed as a conditional use in the R-2 Zone) or move a duplex onto the site. Moving a structure on the site will require a conditional use permit which would have to be approved by the Planning Commission. He also plans to utilize the existing foundation to the extent possible. which will require a variance to the setback requirements along 1 st Street and Elm Street. Mr. King indicates that it may be a number of months before he is able to remove the existing structur~ begin constructing a new duplex, or have one moved on to the site. The question is whether the City is willing to grant additional time to allow this to be completed. If the City initiates a legal action to request the District Court to order the abatement of the existing conditions, it likely will result in more charges being assessed against the property which will make it more difficult for Mr. King or anyone else to find an economically viable use of the property. Further, given the current circumstances, a court is likely to grant Mr. King some period of time in which to comply with an abatement order. However it is not recommended that Mr. King be given an unlimited amount of time to abate the existing conditions of the property. At this point it is recommended that Mr. King be given no more than eight months to abate the existing conditions on the property. BUDGET IMPACT Unknown at this time. ACTION REQUESTED Council determination to allow Mr. King until June 30, 1999 to abate the existing hazardous building on this property. If Council denies this time extension, direction relative to enforcement action on the abatement of the existing conditions is requested. Respectfully submitted, ~~ David L. Olson Community Development Director cc: Dave King t:Lc I:: 4; 3.J-cf~ tA/~1/'/t~/( .---- '<-I (t/.t:~ t' !:rA(47 ~,-iftV' t/ / ~.sD.2 ( Ilrfll/: P I!tli Of- Soft/' ;juS T It /VoTf.. To Lt::. T Yo/..<.. KNOw ~ff~ 771/N Crs A,et rJ-/, F/~s r 0 r A-LL IZ-t~ AiSST;ey/Y-c.T /5 {$ ~//I/G t-c-r> O/fT'i./J _ /1J f:.- jc T wtLL roL LCJ0 /S T/-fc /J ~ E- j). /Hi/l./.:r t..J/t-L /ifft/G. t/;'/ft./ue SIIII? I C;1)f/7 L- f. (j-11'L<-y I() () I} 'TIff jI/16- TO 7/tE-? kJ~~ If ~p /lL ;;- frM- T/f t... CJ P/'f./l:/C fJ1 Y /frro IC'jUL Y / s- f} () / A) G- /1h 8 f r- '7 Ih c. /9?L.J /l-c;. ;= ,Iff d ,;4- s .ff /Z /J4 ~ LIIU !: , 17.5 1~/q-f?- ITS ,PLf't-NS TV/?.. Tlt~ p;e.c F'f~Ty.. -7 ,/V~c tJ ID .0 i ~ ( I/l S S fit-IS t-.) / T (f- /Y7 '-I /3 /~ T11~ If... /I ~ IIY? f 7D /z;//V)S jr A-r~-t---l D T Ir"i ~ /-1-0 c.....5 ~5 r/,/f?:; (. tv- ~ J1--J< t C,.tu r/ 6- T u ( }e-'-j fb Co (/ r ,e Tl-f c. c: i-HA ;c.fi CC- (} jhef ",'1- S WiT H ~ Yf S (j N) n: 70 /..J-( L P ,ALL Cc U lJ4 It. 7fr$'... ~ y t S tJ j"C5: . J td IL-L gg / tJ 7OHfI- ~ 7tM-l/~S j;4t/~ jC/;Jc., --;.- . ,c J f e;f/t~ /1e ;Y City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lIb TO: Mayor and Council Members FROM: John F. Erar, City,Administrator SUBJECT: Second Street Parking Lot - Enforcement Issues DATE: November 2, 1998 INTRODUCTION At the October 19, 1998 Council meeting, Councilmember Gamer brought up the issue of unauthorized parking of "For Sale" vehicles at the newly constructed Second Street Parking Lot. It was discussed that unlicensed and licensed vehicles associated with a car dealership had been observed in the lot and on the street. The City Attorney informed Council that while there were several City ordinances and state statutes in place, he needed additional time to review particular criteria. The City Attorney went on public record recommending that the City use restraint in enforcing the ordinances so as not to create potential legal and liability issues and urged that voluntary compliance be used by the City in this regard at this time. In addition, it was discussed by the Chief that other public enforcement issues may exist regarding the need for consistent parking enforcement, the effect of City-wide patrolling and concerns with existing City ordinances calling into question other potential parking violation situations. The Police Department in the prior week, Thursday, October 15 & 16, 1998, had received complaints from Councilmember Gamer regarding the parking of dealership vehicles in the parking lot and on the street. The Police Department was monitoring the situation, and Police Chief Siebenaler and Community Development Director Olson met with the business owner to express City concerns relative to his use of the parking lot and street for both storage and display of his vehicles. The business owner indicated that he would voluntarily comply with this City request until a formal communication was forwarded. DISCUSSION Since the Council meeting of October 19, 1998, and actually prior to this meeting date, the Police Department has been diligently patrolling the parking lot on a regular basis. As discussed with Council, the issues associated with unlicensed dealership vehicles being temporarily offloaded onto the street could be problematic from an enforcement standpoint. In response to continued complaints from Councilmember Gamer on the commercial use of the parking lot, Chief Siebenaler and I met with Mayor Ristow and Councilmember Gamer to communicate several related issues directly. The Chief and I attempted to raise the issue of consistent enforcement, concerns with the City Code as written, and allay any concerns that City enforcement was lacking as the Police Department was enforcing parking restrictions under the framework of existing City ordinances. The Chief indicated that he would continue to patrol the area, would draft a letter to the business owner, and would ticket any unlicensed vehicles parked in the lot observed during routine patrol or in response to a specific complaint. Along these lines, the following questions and responses are presented relative to the enforcement and use of the public parking lot. 1) Can unlicensed, unregistered vehicles associated with a car dealership be temporarily off- loaded onto a public street or public parking area? This question is particularly important in light of the City Code definition of Street or Highway. M.S. 168.28 clearly allows the use of public streets for the parking of unlicensed dealership vehicles that come from out of state for the purpose of re-sale. Are there any changes to existing City ordinances that need to be made to bring our Code into compliance with State Statute to prevent any such vehicles from parking in the municipal lot? Further, can the City adopt more restrictive ordinances regarding the parking of unlicensed dealership vehicles on City streets? 2) As the stated Council intent of the 2nd Street Parking Lot was to provide for downtown customer parking, can the City take any actions relative to the parking of non-displayed "for sale", but licensed, registered dealership vehicles in the lot? If yes, what changes would the city have to enact to prevent this parking? 3) Is there anything the City can do under current ordinances relative to licensed, but non- displayed vehicles parked in the lot? 4) Can the Council restrict the use of 2nd Street and prohibit the off-loading of unlicensed vehicles onto the public street? 5) Please define the standards of reasonable public parking enforcement from a public law perspective. ACTION REOUESTED For further action as deemed appropriate by the City Council. Attached, please find a copy of the meeting issue transcripts, a copy of M.S. 168.28, and legal opinions from the City Attorney responding to the questions contained within this memorandum. JlZibtled, l::F. Erar City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Council Members, City Administrator~ Joel Jamnik, City Attorney TO: SUBJECT: Second Street Parking Lot DATE: November 2, 1998 INTRODUCTION In an accompanying memo, the City Administrator has posed a series of questions relative to the enforcement and use of public parking. Those questions are repeated and discussed herein. DISCUSSION 1) Can unlicensed, unregistered vehicles associated with a car dealership be temporarily off-loaded onto a public street or public parking area? This question is particularly important in light of the City Code definition of Street or Highway. M.S. 168.28 clearly allows the use of public streets for the parking of unlicensed dealership vehicles that come from out of state for the purpose of re-sale. Are there any changes to existing City ordinances that need to be made to bring our Code into compliance with State Statute to prevent any such vehicles from parking in the municipal lot? Further, can the City adopt more restrictive ordinances regarding the parking of unlicensed dealership vehicles on City streets? Response: Unlicensed, unregistered vehicles associated with a car dealership may be temporarily off-loaded onto a public street provided that that activity does not violate any of the parking and stopping provisions of the City Code (Section 9-1-3). Those provisions make it unlawful to stop or park any vehicle within a crosswalk or intersection, within 30 of a stop sign or directional sign, or in any manner on any street or highway so as to interfere with or interrupt the passage of other vehicles. Minn. Stat. ~ 168.28 authorizes unlicensed and unregistered motor vehicles to use public streets without paying state taxes or carrying state license plates. While the law allows the limited 66778 use of these unregistered vehicles, it does not, however, make the vehicle or the operator of the vehicle immune from state and local regulations on how the vehicle is operated. For instance, M.S. ~ 168.28 does not authorize the operation of dealer vehicles without regard to speed limits. Similarly, the section does not authorize parking or stopping the vehicles where the parking or stopping of the vehicle is prohibited by local ordinance. Consequently, if the City ordinance prohibits a licensed vehicle from being operated, stopped, or parked in a particular manner, that provision will apply to unlicensed, unregistered dealer vehicles. For example, the following code sections are applicable to either licensed or unlicensed vehicles: Section 10-6-19 of the City Code provides that "No vehicles may be advertised for sale from public property." Section 9-1-4(C) of the City Code provides that "No person shall, for the purposes of displaying it for sale, leave or park a vehicle on any public street, highway or alley within the City." Section 9-1-9 of the City Code provides that "No person shall park a vehicle or permit it to stand upon any street, highway, alley or public parking area within corporate City limits for a period of time exceeding seventy two (72) consecutive hours." Section 9-1-12(E) provides that "No vehicle shall be parked on City streets in the downtown business district between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. any day of the year." It is my opinion that the temporary unloading activity on the city streets does not violate any of these sections. Of course, if the manner in which the unloading and staging is conducted interferes with or interrupts the passage of other vehicles or occurs in areas where parking or stopping is otherwise prohibited, a citation may be issued pursuant to City Code Section 9-1-3. with regard to the parking lot, use of that facility is more proscribed. Minn. Stat ~ 459.14 allows a municipality to construct and operate a public parking lot on property already owned by the municipality, provided that no product or service other than the parking of vehicles and the delivery thereof shall be dispensed or furnished at or in connection with any such parking facility. It is my opinion that the offloading and staging of vehicles by a dealer is not authorized by this section, regardless of the status of the vehicle (licensed or 66778 unlicensed). However, dealer owned vehicles which are used by employees of the business to commute to and from work would be allowed, provided no business related activity occurs as part of that use. If any business related activity occurs, a citation may be issued pursuant to City Code Section 9-1-4(C) of the City Code provides that "No person shall, for the purposes of displaying it for sale, leave or park a vehicle on any public street, highway or alley within the City." City Code Section 9-1-2(A) defines "Street or Highway" as follows: [T]he entire width between the boundary lines of any way or place when any part thereof is open to the use of the public as a matter of right, for the purpose of vehicular traffic, and shall include any shopping center parking lot or roadway, or other place used for vehicular parking for or access to any business establishment. At this time, I do not believe any Code amendments are necessary, although signing the parking lot for limited use (for example, "downtown business customers and employees only") would clarify that produce or other product sales and similar activities are not authorized. Parking in violation of that signage in itself would be a violation under City Code ~ 9-1-3 (H). The memo also questioned whether the City might adopt more restrictive ordinances regarding the parking of unlicensed dealership vehicles on City streets. While this may be unnecessary given the applicability of City Code Sections 10-6-19 (No vehicles may be advertised for sale from public property) and 9-1-4(C) (No person shall, for the purposes of displaying it for sale, leave or park a vehicle on any public street, highway or alley within the City), the City has the legal authority to adopt regulations to address particular public safety problems provided that the classification or regulation is rational. If the above- referenced sections prove to be difficult to apply to this situation, the City could consider amending the City Code to require all auto sales businesses to display their inventory only from private property. One potential problem with this type of regulation would be its application to existing dealers. For instance, the City.s Zoning Code already has a provision that may be applicable. City Code ~ 10-6-9 states that: "There shall be provided adequate off-street loading space in connection with any structure which requires receipt or distribution of materials by vehicles on a regular basis" (the Code section also has location, surfacing, and use restrictions for off-street loading areas) . It is unknown whether the subject business qualifies as a nonconforming use or the extent of compliance with this section by other downtown businesses. Enforcement actions under this section may be difficult for these reasons. 66778 2) As the stated Council intent of the 2nd Street Parking Lot was to provide for downtown customer parking, can the City take any actions relative to the parking of non-displayed "for sale", but licensed, registered dealership vehicles in the lot? If yes, what changes would the city have to enact to prevent this parking? Response: As stated in my response to the first question, if any dealership owned vehicles use the parking lot, and any business related activity occurs in conjunction with that use, a citation may be issued pursuant to City Code Section 9-1-4(C) which provides that "No person shall, for the purposes of displaying it for sale, leave or park a vehicle on any public street, highway or alley within the City." Again, the definition of public street includes the city owned parking lot. Also, displaying for sale does not mean that certain signs or markings are required. If a sales person shows a customer a vehicle in the lot, that act alone would indicate that the vehicle is displayed for sale, irrespective of whether "for sale" is written on the windscreen. Dealer owned vehicles that are exclusively used as commuter vehicles and which are not displayed for sale from the parking lot would not violate this section of the Code. 3) Is there anything the City can do under current ordinances relative to licensed, but non-displayed vehicles parked in the lot? Response: If the vehicle were solely used to get employees to and from the place of employment, there would be no violation of existing statutory or code provisions. 4) Can the Council restrict the use of 2nd Street and prohibit the off-loading of unlicensed vehicles onto the public street? Response: The City Council may by ordinance or resolution further restrict the use of the 2nd Street parking lot and upon posting of official signs indicating those restrictions applicable to the lot citations those restrictions may be enforced by issuance of citations under City Code ~ 9-1-3 (H). 5) Please define the standards of reasonable public parking enforcement from a public law perspective? Response: Like any municipal police power activity, parking regulations and enforcement may not be arbitrary or capricious, and must not be discriminatory in either structure or application. The City's regulations must be grounded in furthering public health, safety, or welfare, and must be logically related to furthering those goals. Prioritization of enforcement actions is a shared responsibility of the City Council and City Administration. 66778 ACTION REOUESTED For further action as deemed appropriate by the City Council. Respectfully Submitted, C/??/~% Joel J. Jamnlk City Attorney 66778 ., iit - 168.28 VEmCLES SUBJECT TO TAX; EXCEPTIONS. Every motor vehicle (except those exempted in section 168.012, and except those which are being towed upon the streets and highways and which shall not be deemed to be using the streets and highways within the meaning of this section) shall be deemed to be one using the public streets and highways and hence as such subject to taxation under this act if such motor vehicle has since April 23, 1921, used such public streets or highways, or shall actually use them, or if it shall come into the possession of an owner other than as a manufacturer, dealer, warehouse operator, mortgagee or pledgee. New and unused motor vehicles in the possession of a dealer solely for the purpose of sale, and used or secondhand motor vehicles which have not theretofore used the public streets or highways of this state which are in the possession of a dealer solely for the purpose of sale and which are duly listed as herein provided, shall not be deemed to be vehicles using the public streets or highways. The driving or operating of a motor vehicle upon the public streets or highways of this state by a motor vehicle dealer or any employee of such motor vehicle dealer for demonstration purposes or for any pur- pose incident to the usual and customary conduct and operation of the business in which licensed under section 168.27 to engage, or solely for the purpose of moving it from points outside or within the state to the place of business or storage of a licensed dealer within the state or solely for the purpose of moving it from the place of business - of a manufacturer, or licensed dealer within the state to the place of business or resi- dence of a purchaser outside the state, shall not be deemed to be using the public streets or highways in the state within the meaning of this chapter or of the Constitution of the state of Minnesota, article XIV, and shall not be held to make the motor vehicle subject to taxation under this chapter as one using the public streets or highways, if dur- ing such driving or moving the dealer's plates herein provided for shall be duly dis- played upon such vehicle. Any dealer or distributor may register a motor vehicle prior to its assessment or taxation as personal property, and pay the license fee and tax thereon for the full calendar year as one using the public streets and highways, and thereafter such vehicle shall be deemed to be one using the public streets and highways and shall not be subject to assessment or taxation as personal property during the calen- dar year for which it is so registered, whether or not such vehicle shall actually have used the streets or highways. History: (2687) 1921 c 461 s 16; 1923 c 418 s 16; 1941 c 176 s 2; 1953 c 315 s 1; 1961 c 611 s 1; 1976 c 2 s 172; 1986 c 444; 1986 c 454 s 17 ~"~........~..:...c<.",,,-,,;,,,,,,,,,,,,,,,,,;___/_,,,,.,:"""__;""""'^_""-'~'_'_",,-,-"-~""-' .'1..,. Council Meeting October 19, 1998 2nd Street Parking Lot Gamer: Talked to Dave the other day about the parking problem we have over here on this new parking lot and he was going to bring something up tonight so we have some idea, so it's on record. Do you want to handle that, Dave? Mayor: The 2nd Street parking lot? Gamer: 2nd Street parking, yes. Olson: City Attorney and I and the Police Chief had the opportunity to discuss the issue associated with the parking lot and what type of use can be made of the parking lot and I think it was the consensus under state statute and city ordinance that we have the ability to issue tickets if necessary, citations, if the lot was being used for other than private, individual parking of licensed vehicles. So basically, any commercial use of the lot for display or storage of vehicles is prohibited by both City ordinance and state statute and if necessary citations could be issued for that. The Police Chief and I had an opportunity to meet with one of the business owners affected by that late last week, and I think assurances were made that the use of the lot for any vehicles other than privately owned licensed parked vehicles would be minimal at best for a period of a couple of hours. Siebenaler: Maximum of a couple hours. Olson: At which a shipment would arrive and allow those cars to be reviewed, evaluated and determine whether they are going to a body shop facility or going to the repair garage on site at the present location across the street from the parking lot. And it supposedly, the use or business, is looking at relocating to another community. So I don't know where. . ... we have indicated I guess that we would respond back to the business owner by Tuesday of this week. Give an opportunity to discuss it here at Council and we also need to discuss it further at the Staff level we felt. Siebenaler: We had reached an agreement with the affected business owner that he would not use the lot in any commercial capacity until he heard from us Tuesday afternoon, after we have a chance at the Development Committee to discuss and determine what our final course of action would be. The Police Dept has been monitoring it and as near as we can determine it has not been used for a storage area for commercial use since Friday that we met. Mayor: Gamer: Mayor: Erar: Jamnik: Mayor: Jamnik: Erar: Jamnik: Gamer: J amnik: If you want my opinion, it would be very easy just what Dave has indicated, any registered, licensed vehicle is what's allowed to park there. Anything else, it would be very hard to interpret if we start making exceptions. Especially unlicensed vehicles. If they're authorized for the street, they're authorized to park in the parking lot. That would be my opinion. Anything else it could get confusing. Joel, do you want to recite your legal review of this whole situation for Council? Sure. Mayor and Councilmembers the City is authorized under state statute to provide parking facilities. It is authorized under state statute to adopt reasonable use regulations for those parking facilities. The City has probably 4 or 5 City code provisions that could be applied to certain situations, but we haven't adopted a single set of regulations for City parking facilities or parking lots. And if we don't have compliance with sort of our mixed and matched ordinance provisions, we may be coming back to you with a more comprehensive set of use regulations for those parking facilities. But our initial review is that we've got, like I say, about 5 or 6 City code provisions that were likely violated last week, as well as 1 provision of state statute at least, and perhaps a second one. So I think for some of the unlicensed vehicles, that type of situation, we have sufficient authority now to proceed. If we get into areas with more ambiguity, we may be back with staff recommendation to adopt additional provisions of the City code to clear up any of those ambiguities. So how are different.. . We don't allow our residents in elected to have my car parked in my driveway without a license plate it's illegal, or expired tabs, it wouldn't be any different would it? Correct. No, not on a private property. Well, the unlicensed or abandoned vehicles click into a specific state statute for those vehicles. For car dealers there is a special statute that allows unlicensed or unregistered vehicles to be maintained on their parcel for a period of time. On their's. Without it being abandoned. We have a code provision that prohibits individuals from having more than one vehicle for sale on their own property. We prohibit the sale of vehicles from City property. Advertised for sale. The argument that might be there is that there was no formal advertisement for sale in this particular case, so we might have an ambiguity there. We have many provisions, 919, 914, 1069, 10619, are 4 of them we could go through. They address various steps. Mayor: Cordes: Mayor: Cordes: Jamnik: Mayor: And then like I said, we don't have one comprehensive set all in one area that deals with City parking facilities. I guess not taking aim at anybody from my perspective, is that we needed a parking facility and the intent of the HRA, and I think the Council, when we looked at this was to have extra room for parking licensed vehicles. And that's what my intent was to build it and for overflow for the downtown area and for the downtown business. And I think we have to be fair and let everyone share it equally. But you can take that a step further. Licensed vehicles of consumers or people who are working downtown. Not to serve as a used car lot. Right. But I guess you could get into a question there to. We would have to go around and start pulling all licenses to see if they. . . .some car lots do have licensed vehicles. So the final thing is, we can't, and I may be mixed up here, we can't enforce the fact that he's parking his vehicles that are for sale on the lot. We can enforce that? If they're licensed, he can park them there? Currently, if they're licensed, they cannot be there more than 72 hours under 919. If he moved them out of there within the 72 hours, he'd satisfy that ordinance. If he advertised them for sale, he would be in violation ofMN statute 45914, which allows you to simply park vehicles on public parking facilities rather than advertise or undertake a commercial practice. But on that make the argument, I can stage them there for an hour or 2 hours, 48 hours, without violating the City code, or violating state statute. That's an area where getting a conviction under criminal law, may be difficult. If it comes in on a transport, licensed and registered, goes in there, it's indistinguishable from anybody else using the parking lot, we don't have a direct violation of state statute. We don't have a direct violation of City code. It's right around the edges of all those provisions. Getting a conviction may be tough. We can adopt regulations that clearly get to some of those concerns. My concern, as I've shared with the City Administrator is targeting that one too quickly, we'll find out that we were over-inclusive or under-inclusive or we made a mistake in drafting this. So I urge restraint. And if we don't get voluntary compliance on most of these things, that we take our time adopting regulations that are tailored to address those issues without having unintended consequences. And that makes sense to me. If, like I say, start out with licensed vehicles. If we continue to get complaints that one, not necessarily naming anyone in particular, I mean, if there's getting too many out of one business, and there's not enough room, then we'll have to go into it further, but as long as they're a licensed, registered vehicle that complies with that title, that license number on that registration. . . ~.. .' .. Gamer: Right, and that's an up-to-date license, not an expired license. Jamnik: It would haveto be a current license, couldn't be advertised for sale, couldn't be there for more than 72 hours. There's a lot of could not's. Mayor: Because if we did allow that, a lot of times, I mean, we're not going to allow Dick to bring his car over there and park it all day long, day after day, and advertise a for sale sign in it, right, that's illegal too for anybody? J amnik: Correct. Fitch: Of course, over 72 hours, it's not allowed there overnight, is it? Jamnik: There is also a 2:00 - 5:00 snow removal, but that's year around. It's intended for snow removal, but the ordinance provision is blanket. Like I said, we have 6 or 7 things that could be sited at a given time. Mayor: So, that's our feelings right? Everybody agree with that from the Council point? It should make it pretty easy for you, Dan and Dave. Siebenaler: Actually, let me reiterate what the City Attorney has said. There are 6 or 7 ordinances and statutes that can apply under very specific circumstances. And if they don't work, we may be back with recommendations for changes in the code to make them work. It is not a very easy situation, and I don't want anyone to think it is. We are working on it and we will be discussing it at Staff in the morning. And hopefully we will have a conclusion. Mayor: I am confident we have law-abiding citizens here in the city of Farmington. And just with your acknowledging to them with the way we look, I am sure they will take that very heartly. Siebenaler: We will forward that information as well. Mayor: Sorry, Don, I didn't want to ......... Gamer: That's fine. Mayor: Anything else? City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us lIe TO: Mayor, Councilmembers, City Administrator fJC- FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Generators for Lift Stations DATE: November 2, 1998 INTRODUCTION Due to the significant issues the City has faced in the recent past in regards to power outages and sewer lift stations, Council has directed staff to review the need for the City to acquire emergency generators for the lift stations. DISCUSSION Staff has reviewed the lift stations and prepared specifications and a proposal for emergency generators and the correlated electrical work for the lift stations (see attached proposal). The proposal includes a generator and electrical work for the water supply wells, which the Water Board has previously authorized for bidding. The two projects are being bid together with the intent to gain more favorable bids, however the Water Board will be solely responsible for their portion of the costs associated with the generator and electrical work for the water supply wells. The lift stations proposed to be converted to accept emergency power are: Sunnyside, Hunter, Westview, Fairgrounds, Dakota Electric, Ice Arena, Eaves Way and 203rd Street. It proposed that three generators be purchased for emergency purposes. There are six lift stations in the downtown area and two in Pine Knoll. In the downtown area, there are three critical lift stations that are particularly susceptible to backups in a short time frame in the event of a power outage: Sunnyside, Hunter and Westview. Purchasing three generators would give the City the capability of using two generators at the two most critical lift stations (Hunter and Sunnyside) and provide for one generator and a combination of pumping for the remaining seven lift stations. In the future, if any lift stations are eliminated and the need for all three generators is diminished, the unnecessary equipment could be sold and a portion of the initial investment could be recouped. BUDGET IMPACT The engineer's estimate for the proposed lift station work (Part B) is $92,000. The total project cost is estimated to be $128,500, which includes contingencies, engineering, legal and administration costs. The project costs would be funded out of the Sanitary Sewer Fund. Part A which consists of the generator and well electrical work will be funded by the Water Board. ACTION REQUESTED Authorize the advertisement for bids for the sewer lift station improvements and emergency generators. Respectfully submitted, ~)rI~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Bidder ED -Deer'S Estimate Total Bue Bid Addreu Tele one No. Pall No. Engineer's Estimate PROPOSAL GRNBRATOR WORK FIla NO. 141-98-806 FARMlNTON, MINNBSOTA 1998 Opening Time: 10:00 A.M., C.S.T. O~ning Date: Thursday, November 19, 1998 Honorable City Council City of Farmington 32S Oak Street Farmington, Minnesota 55024 Dear Council Members: The undersigned. being familiar with your local conditions, having made the field inspections and inve~t.igatjnn~ deeml:'.d neceggary, having studied the plans and specifications for the work including Addenda Nos. _ and being familiar with all foctors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accordance with the plans and specifications on file with you and Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113, as foUows: No. Item Unit QtJ. Unit Prlee To'" Ptke Bid A . PumphOUll Generator Work Provide 200 KW portable standby diesel generator SA 1 $ 100,000.00 $ 100,000.00 2 Fumish and install manual transfer Iwitch and receptacle at pumphouse nu. I (City Hall) for cunnectilln to 200 KW gcnerator LS I $ 13,S(X>.OO $ 13,'00.00 3 Furnish and install manual transfer lwi~h and receptacle at pumphouse no. 3 (City Shop) (ur cunnettion to 141-9I-I06IlftlP.wb2 P.l 2. ? ~ : ON 20: Q 2~:~~ g6/g2/0~ ~~~~9~9~S9 S ~Il~3aNV 3N3S0~ OO~lS3N08 . , . 12 Eaves Way Lift Station - Furnilh ,00 install new manual transfer switch, generator receptacle, add. a-phase modifications and associated wiring and appurtenance. LS 13 203rd Ave. Lift Station - FurniJlh atad install new generator receptacle and associnted wiring and appurte~es LS Total Bid a - Lift Station Generator Work I $ I $ Total Bid A . Pumpho.... GeDuator Work Totti Bid B . Lift Slatto.. Geaerator Work Total Combined Bid A and Bid B 141.98-8OtifIrop. wb2 p..3 ~~~~9~9~S9 S l iJ ~ : ON iJO: Q 2~:~~ g6/g2/0~ 1,'00.00 $ I ,~oo.OO S $ ',~OO.OO 1,'100.00 ~.OOO.OO $ $ 118.flOO.00 911000.00 s 220.M.00 ~Il~3aN~ 3N3S0~ OO~lS3N08 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Io(~ TO: Mayor and Councilmembers City Administrator fZ- David L. Olson. Community ~\(elopment Director FROM: SUBJECT: Eagles Club Project Assessment Agreement DATE: November 2, 1998 INTRODUCTION The Eagles Club is in the process of completing the parking lot portion of their project. They are requesting to have the remaining development fees for this portion of project paid as an assessment to the property. DISCUSSION When the Eagles Club project was approved, the City agreed to break the project into two parts with the new building portion of the project comprising one part and the parking lot, sidewalk, and curb replacement as the second part of the project. All City fees were paid up front for the building portion of the project. The Eagles are requesting that the $11,431.22 in fees for the parking lot portion of the project be spread over a 10 year assessment period. This would allow them to use proceeds from the pay-as-you-go tax increment financing assistance to offset these costs. This is an option that is available on most developments and was utilized by SSMC (Trinity) for their recently completed expansion. BUDGET IMPACT The City will receive full payment of the required fees plus interest at the rate of 8%. ACTION REOUESTED Approve the attached assessment agreement for the Eagles Club parking lot and other improvements. Respectfully submitted, ~/7 ~/~~,///.~./.. ' . .~.. - -' ---'<c' r-- David L. Olson Community Development Director ASSESSMENT AGREEMENT THIS AGREEMENT dated the day of , 1998, by and between the City of Farmington, a Minnesota municipal corporation (CITY) and Fraternal Order of Eagles - Aeries #4031, a Minnesota Non-Profit Corporation (DEVELOPER). 1. Conditions. The City shall assess one hundred percent (100%) of Development Fees of the Developer constructed improvements to be constructed on the property as described in Exhibit "A" (PROPERTY). The assessments shall include the Surface Water Management Fee, Watermain Trunk Area Charge and the Water Quality Pond fee in lieu of pond on site all associated with the development of a parking lot on the Property as calculated on Exhibit "B". The assessments shall be spread over a ten (10) year period with interest on the unpaid balance calculated at eight percent (8%) per annum. The Developer waives any and all procedural and substantive objections to the assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the Property. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081. The assessments shall be deemed adopted on the date this agreement is signed by the City. 2. Notices. Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Fraternal Order of Eagles - Aeries #4031 200 3rd Street Farmington, MN 55024 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified or registered mail in care of the City Administrator at the following address: City Administrator City of Farmington 325 Oak Street Farmington, MN 55024 In Witness Whereof, the parties have executed this Agreement effective the day and year first above written. CITY OF FARMINGTON By: Gerald Ristow, Mayor By: John F. Erar, City Administrator DEVELOPER: FRATERNAL ORDER OF EAGLES - AERIES #4031 By: Trustee By: Trustee By: Trustee Drafted by: City of Farmington 325 Oak Street Farmington, MN 55024 (612) 463-7111 STATE OF MINNESOTA) (ss COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 1998 by Gerald Ristow, Mayor and by John F. Erar, City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public STATE OF MINNESOTA) (ss COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of 1~8~ , a quorum of the Trustees of the Fraternal Order of Eagles - Aeries #4031, a non-profit corporation under the laws of the State of Minnesota and on behalf of the corporation. Notary Public .-.......... ~"'___',,;:_"'__..'''''.'''~''''''-_''4-'''''''''';''_'''''__'''''.'''''_''' ......._...._... *......,........ ~_ EXHIBIT "A" LEGAL DESCRIPTION OF PROJECT PROPERTY The north half of the alley in Block Twenty-five (25), Lots 1, 2, and 3, Block Twenty-five (25), Main Street between Third Street and the east right-of-way of the railroad, Lot 7 and 8, Block Twenty-eight (28), the alley between Third Street and the east right-of-way of the railroad, and that part of Lot 6, Block Twenty-eight (28), lying southerly of the northerly railroad right-of-way, all in the TOWN OF FARMINGTON, according to the recorded plat thereof, Dakota County, Minnesota. hra\egl\legal.2 EXHIBIT "B" Surface Water Management Fee 35,403sf x $ 0.182/sf = Water main Trunk Area Charge 0.81 ac x $1,913/ac = Water Quality Pond fee in lieu of pond on-site 35,403sf /65,383sf x $6350 = Total $6,443.35 $1,549.53 $3.438.34 $11,431.22 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us J~b TO: Mayor and Council Members FROM: John F. Erar, City Administrator SUBJECT: Year 2000 Compliance Progress Report DATE: November 2, 1998 INTRODUCTION As Council may be aware, the City will be affected by Year 2000 (Y2K)-programming issues associated with software date conversion calculations and date-dependent process cycles. This report serves to identify efforts my office, and in general City departments, will take to ensure that City operations and services remain uninterrupted to the general public. DISCUSSION Briefly, the Y2K problem is the result of a programming error that hard coded the first two date digits (19) of the current century into software programs. As a consequence, when the year 2000 begins, software programming calculations affecting a wide range of computer operations will not recognize the change and will or may begin the new century at 1900. Accordingly, any system that relies on date-based processing will be negatively affected, with the potential for system-wide failures causing a virtual meltdown of computer-dependent operating systems. Financial systems and embedded chips in a wide variety of processing operations are recognized as some of the most vulnerable systems. However, there is also considerable debate that many systems, currently unrecognized by Y2K experts, could be susceptible to failure. While claims of a cataclysmic meltdown are widely viewed as grossly exaggerated, industries across the world are taking the problem very seriously, and are dedicating millions of dollars in resources to address and fix potential problems. City staff will be taking measures to ensure that the City's most vulnerable systems are protected from Y2K problems. The information presented below highlights Y2K department issues and identifies material efforts relative to supporting systems that may be affected by Y2K problems. Department of Administration My office is serving as the coordination point for Y2K efforts affecting organizational operations. City departments have already identified potential Y2K issues affecting their / respective operations and budgetary expenditures are reflected m the proposed 1999 City Budget. City network operations, network nodes (personal computers), operating systems, and general software programs such as word processing, spreadsheets, databases, presentation graphics, e- mail, web site and printing operations should remain relatively unaffected. Upgrades for the network server and workstation upgrades have been included in the proposed 1999 Budget. Other issues that will need to be addressed include liability issues, contracted services, other agencies within the community such as schools, public health service agencies and facilities, traffic and transportation services, metropolitan waste systems, City sewer and water services, electricity, telephone, natural gas, ambulance services, and dispatching services. My office will be contacting all public service providers to assess their efforts relative to resolving Y2K problems within their respective organizations. The City will be developing a Y2K contingency plan that will address possible servIce interruptions. Department of Finance City financial systems such as utility billing, accounts payable, receivables, financial accounting systems, budgeting modules, and payroll are provided through the Local Government Information System (LOGIS) consortium. In 1997, LOGIS began identifying Y2K issues affecting local government and in 1998 formed a task force to select a new fmancial management system. LOGIS is currently in the process of developing a request for proposal to select a new vendor with the goal of having a replacement system in place by 1999. Finance Director Roland was appointed chairperson of this task force affecting over 20 metropolitan cities utilizing LOGIS software systems. It is anticipated that the new financial system will be in place prior to the year 2000. Existing financial systems have been reviewed by LOGIS for Y2K problems, and the City has been assured that these systems are Y2K compliant. The Finance Director will also be reviewing the possibility of Y2K insurance coverage currently under review by the League of Minnesota Cities Insurance Trust (LMCIT). This coverage would protect the City in cases where Y2K problems caused service-related interruptions. Department of Public Works A review of existing systems such as Computer Aided Design (CAD) software and GIS system software suggests that these systems should continue to function appropriately. Workstation system upgrades have been included in the proposed 1999 Budget. Traffic control devices, lift station controls, and well pumping controls that utilize embedded chip technology are being scrutinized and will be evaluated for potential Y2K problems. / Department of Community Develol'ment The department currently uses the Permit Information Management System (PIMS) provided by LOGIS. It is my understanding that this system has been reviewed by LOGIS staff and should be unaffected by Y2K problems. Department of Parks and Recreation With the exception of database programs created by department staff, the department's activities should remain unaffected. Police Deoartment The Police Records Management System software will be replaced in 1999. Police dispatching services are provided by the City of Lakeville and are in the process of being reviewed for upgrade in 1999. Fire Department It is my understanding the software used for fire incident reporting will be upgraded in 1999. My office is not aware of any other systems that would negatively affect the department's ability to provide fire services due to Y2K problems. Further communications with the Fire Department will be facilitated to identify any potential problems. BUDGET IMPACT As a member of the LOGIS consortium, the City will be contributing efforts and costs for a new financial system software program. The level of financial contribution has not at this time been calculated and will most likely occur in budget year 2000. Other system upgrades affecting City operations and services have been budgeted for in the proposed 1999 City Budget. There is the possibility that unforeseen Y2K problems may emerge that will require separate Council authorization. Should this occur, staff will present these issues under separate cover for Council consideration. ACTION REQUESTED For information only. /