HomeMy WebLinkAbout06.01.98 Council Packet
COUNCIL MEETING
REGULAR
June 1, 1998
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVEAGENDA
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS (Open for Audience Comments)
a) Jack Benedict - Park Dedication and Plat Extension Request
7. CONSENT AGENDA
a) Approve Council Minutes 5/18/98 (Regular) & 5/14/98 (Special)
b) Beer License Application - Tom Thumb Corp. - Elm Street
c) Approve Mountain Dew Days Permits
d) Approve Frontier Site Purchase Agreement
e) Accept Donations - VFW Club and Eagles Club
f) Approve Change Order - Municipal Pool Project
g) Capital Outlay - Fire Department
h) Approve Bills
8. PUBLIC HEARINGS
a) Conditional Use Permit - Charleswood Grading Approval
b) Conditional Use Permit Appeal - South Suburban Medical Center
9. AWARDOFCONTRACT
a) Award Middle Creek Sewer Construction Contract (Supplemental)
10. PETITIONS, REQUESTS AND COMMUNICATIONS
11. UNFINISHED BUSINESS
a) Adopt Resolution - Plans and Specifications - Second Street Parking Lot
12. NEW BUSINESS
a) Bond Sale - 1998 G.O. Sanitary Sewer Revenue Bonds (Supplemental)
b) 1997 Annual Financial Report - Presentation
c) Ice Arena Enterprise Fund Analysis
d) Amend Dangerous Dog Ordinance
Action Taken
Approved
Approved
Approved
Approved
Approved
Res. R54..98
Approved
Approved
Approved
Approved
Overturned
Tabled
Res. R55-98
Res. R56-98
Received
Received
Ord..098-414
13. COUNCIL ROUNDTABLE
a) Castle Rock Township Development Review
14. ADJOURN
TO: Mayor & Councilmembers
FROM: John. F. Erar, City Administrator
SUBJECT: Supplemental Agenda
DATE: June 1, 1998
It is requested that the June 1, 1998 agenda be amended as follows:
AWARD OF CONTRACT
Supplement 9 (a) Award Middle Creek Sewer Construction Contract
It is recommended that award of the project be delayed until agreements
regarding the easements between the City and the property owners in question
are reached. A staff memo is attached.
NEW BUSINESS
Supplement 12(a) Bond Sale - 1998 G.O. Sanitary Sewer Revenue Bonds
In order to fund the construction of the Middle Creek Sanitary Sewer project,
City Council should approve the resolution awarding the sale of the $2,670,000
G. O. Sanitary Sewer Revenue Bonds to the low bidder, Piper Jaffray. A staff
memo is attached.
ohn F. Erar
ity Administrator
CitlJ of FarminiJ.ton 325 Oaft Street · Farmington, MN 55024 · (612) 463-7111 · Fax (612) 463-2591
~~
TO: Mayor, Councilmembers, City
Administrator~
FROM: Lee M. Mann, P.E.,
Director of Public Works/City Engineer
SUBJECT: Middle Creek Trunk Sanitary Sewer,
Charleswood Trunk Storm Sewer
Construction Contract
DATE: June 1, 1998
INTRODUCTION
Bids were received for the above referenced project on Friday, May 29, 1998.
DISCUSSION
The bids received for the project were favorable, however, staff is continuing to work towards
obtaining the easements needed for the project. Upon the advice of the City Attorney, it is
recommended that award of the project be delayed until agreements regarding the easements
between the City and the property owners in question are reached. It is anticipated that the
agreements will be reached very soon and the delay in awarding the project will not affect the
completion date of the project.
BUDGET IMP ACT
When the verification of the bids is complete, the information will be forwarded to Council.
RECOMMENDATION
It is recommended that the award of bids be postponed until such time as easement agreements are
finalized. Upon such action, award of bids will be deferred until a future Council meeting date.
Respectfully submitted,
~ m ~K~~,
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
CitlJ of Farmint}.ton 325 Oak Street · Farmington, MN 55024 · (612) 463.7111 · Fa/( (612) 463.2591
..
I J (L
FROM:
Mayor and Councilmembers
City Administrator ~
Robin Roland
Finance Director
TO:
SUBJECT:
Sale of G.O. Sanitary Sewer
Bonds of 1998
DATE:
June 1,1998
INTRODUCTION
In order to construct the Middle Creek Sanitary Sewer project. the City Council at their meeting
May 4, 1998 authorized the sale of General Obligation Sanitary Sewer Revenue Bonds to fund
this project.
DISCUSSION
Competitive bids for the bonds were received today in the offices of Juran & Moody. Preliminary
analysis anticipated a net interest cost of 5.10% with an anticipated total interest cost of
$1,228,837. The City received 3 bids. Piper Jaffray was the low bidder at a net interest rate of
4.705%, making the total interest cost $1,137,447.
BUDGET IMPACT
Cash flow analysis will be presented at the meeting.
ACTION REQUIRED
On the basis of the competitive bids received, the City Council should approve the resolution
awarding the sale of the $2,670,000 General Obligation Sanitary Sewer Revenue Bonds to Piper
Jaffray at a net interest rate of 4.705%.
Z;;?J
Robin Roland
Finance Director
CitlJ. of Farmint}.ton 325 Oaft Street · Farm;nlJtonl MN 55024 · (612) 463-7111 · Falf (612) 463-2591
CERTIFICATION OF MINUTES RELATING TO
$2,670,000 GENERAL OBLIGATION SANITARY SEWER REVENUE BONDS OF 1998
Issuer: City of Farmington, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held June 1, 1998, at 7:00 o'clock
P.M., at the City Hall, Farmington, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION PRESCRIBING THE FORM AND DETAILS AND
PROVIDING FOR THE PAYMENT OF $2,670,000 GENERAL OBLIGATION
SANITARY SEWER REVENUE BONDS OF 1998
I, the undersigned, being the duly qualified and acting recording officer of the public corporation
issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto,
as described above, have been carefully compared with the original records of said corporation in
my legal custody, from which they have been transcribed; that said documents are a correct and
complete transcript of the minutes of a meeting of the governing body of said corporation, and
correct and complete copies of all resolutions and other actions taken and of all documents approved
by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was
duly held by the governing body at the time and place and was attended throughout by the members
indicated above, pursuant to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer on June 1, 1998.
Administrator
It was reported that _ sealed proposals for the purchase of $2,670,000 General
Obligation Sanitary Sewer Revenue Bonds of 1998, were received prior to 11 :30 o'clock a.m.,
pursuant to the Preliminary Official Statement distributed to potential purchasers of the Bonds by
Juran & Moody, a division of Miller, Johnson & Kuehn, Incorporated, financial consultants to
the Issuer. The proposals have been publicly opened, read and tabulated and were found to be as
follows:
See Attached
Councilmember introduced the following resolution and moved its
adoption, which motion was seconded by Councilmember
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $2,670,000 GENERAL OBLIGATION SANITARY SEWER
REVENUE BONDS OF 1998
BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the
Issuer), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.1. Authorization. By resolution duly adopted on May 4, 1998, this Council authorized
the sale of its $2,670,000 General Obligation Sanitary Sewer Revenue Bonds of 1998 (the
Bonds), of the Issuer to finance various improvements (collectively, the Project) to the Issuer's
sanitary sewer utility (the System).
1.2. Sale. The Issuer has retained Juran & Moody, a division of Miller, Johnson &
Kuehn, Incorporated (Juran & Moody), as independent financial advisers in connection with the
sale of the Bonds. Pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9),
the requirements as to public sale do not apply to the issuance of the Bonds. A proposal has been
received from
III and associates (the Purchaser), to
purchase the Bonds at a price of $ , plus accrued interest on all Bonds
to the day of delivery and payment, on the further terms and conditions hereinafter set forth.
1.3. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and Administrator are hereby authorized and directed on behalf of the Issuer to execute a contract
for the sale of the Bonds with the Purchaser.
1.4. Supplemental Resolution for Term Bonds. Should the offer of the Purchaser provide
that any Bonds be issued in the form of term bonds, this Council shall, by supplemental
resolution, set forth such further terms and provisions as shall be necessary to provide for the
issuance of such term bonds. Should the offer of the Purchaser provide that the Bonds be issued
only in the form of serial bonds, no further resolution of the Council shall be required.
SECTION 2. BOND TERMS: REGISTRATION: EXECUTION AND DELIVERY.
2.1. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.2. Maturities: Interest Rates: Denominations and Payment. The Bonds shall be
originally dated as of June 1, 1998, shall be in the denomination of $5,000 each, or any integral
multiple thereof, of single maturities, shall mature on December 1 in the years and amounts
stated below, and shall bear interest from date of issue until paid or duly called for redemption at
the annual rates set forth opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
1999 $125,000 2007 $185,000
2000 130,000 2008 190,000
2001 140,000 2009 200,000
2002 145,000 2010 210,000
2003 150,000 2011 220,000
2004 160,000 2012 230,000
2005 165,000 2013 245,000
2006 175,000
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by
the Registrar described herein; provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.8 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository .
2.2. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.7 and upon any subsequent transfer or exchange pursuant to Section 2.6, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest
on the Bonds shall be payable on June 1 and December 1 in each year, commencing December 1,
1998, to the owner of record thereof as of the close of business on the fifteenth day of the
preceding month, whether or not such day is a business day. Interest shall be computed on the
basis ofa 360 day year composed of twelve 30 day months.
2.4. Redemption. Bonds maturing in 2003 and later years shall be subject to redemption
and prepayment at the option of the Issuer, in whole or in part, in inverse order of maturity dates
and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance
with its customary procedures) in multiples of $5,000 as to Bonds maturing on the same date, on
December 1,2002, and on any interest payment date thereafter, at a price equal to 100% of the
principal amount thereof and accrued interest to the date of redemption. Prior to the date set for
redemption of any Bond prior to its stated maturity date, the Administrator shall cause notice of
the call for redemption thereof to be published as required by law, and, at least 30 days prior to
the designated redemption date, shall cause notice of the call thereof for redemption to be mailed
by first class mail to the registered holders of any Bonds to be redeemed at their addresses as they
appear on the bond register described in Section 2.6; provided that notice shall be given to any
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securities depository in accordance with its operational arrangements, but no defect in or failure
to give such mailed notice of redemption shall affect the validity of proceedings for the
redemption of any Bond not affected by such defect or failure.
2.5. Appointment ofInitial Registrar. The Issuer hereby appoints U.S. Bank Trust
National Association, in St. Paul, Minnesota, as the initial bond registrar, transfer agent and
paying agent (the Registrar). The Mayor and Administrator are authorized to execute and
deliver, on behalf of the Issuer, a contract with the Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, such corporation shall be authorized to act as
successor Registrar. The Issuer agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The Issuer reserves the right to remove the Registrar upon
thirty days' notice and upon the appointment of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar
and shall deliver the bond register to the successor Registrar.
2.6. Registration. The effect of registration and the rights and duties of the Issuer and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a bond
register in which the Registrar shall provide for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until such
interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered
owner for exchange the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly canceled by the Registrar and thereafter disposed of as directed by the Issuer.
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(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The Issuer and the Registrar may treat the person in
whose name any Bond is at any time registered in the bond register as the absolute owner
of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving
payment of or on account of, the principal of and interest on the Bond and for all other
purposes; and all payments made to any registered owner or upon the owner's order shall
be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the
sum or sums so paid.
(g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated. Lost Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the Issuer and the Registrar shall be named as obligees. All Bonds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the Issuer. If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to issue a new
Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating agent
for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1,
as amended.
2.7. Execution. Authentication and Delivery. The Bonds shall be prepared under the
direction of the Administrator and shall be executed on behalf of the Issuer by the signatures of
the Mayor and the Administrator, provided that the signatures may be printed, engraved or
lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of
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whose signature shall appear on the Bonds shall cease to be such officer before the delivery of
any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as ifhe had remained in office until delivery. Notwithstanding such execution, no
Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this
Resolution unless and until a certificate of authentication on the Bond has been duly executed by
the manual signature of an authorized representative of the Registrar. Certificates of
authentication on different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it has been
authenticated and delivered under this Resolution. When the Bonds have been prepared,
executed and authenticated, the Administrator shall deliver them to the Purchaser upon payment
of the purchase price in accordance with the contract of sale heretofore executed, and the
Purchaser shall not be obligated to see to the application of the purchase price.
2.8. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person
in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on
the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any successor
nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New York.
"Participant" shall mean any broker-dealer, bank or other financial institution for
which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which
the Issuer agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered
bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds.
Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the
name of Cede & Co., as nominee of DTC. The Registrar and the Issuer may treat DTC (or its
nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of
payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the Issuer shall be affected by any notice to the
contrary. Neither the Registrar nor the Issuer shall have any responsibility or obligation to any
Participant, any person claiming a beneficial ownership interest in the Bonds under or through
DTC or any Participant, or any other person which is not shown on the bond register as being a
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registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or
any Participant, with respect to the payment by DTC or any Participant of any amount with
respect to the principal of or interest on the Bonds, with respect to any notice which is permitted
or required to be given to owners of Bonds under this resolution, with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee ofDTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements,
and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's
obligations with respect to the principal of and interest on the Bonds to the extent of the sum or
sums so paid. No person other than DTC shall receive an authenticated Bond for each separate
stated maturity evidencing the obligation of the Issuer to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph ( e) hereof.
(c) In the event the Issuer determines that it is in the best interest of the Beneficial
Owners that they be able to obtain Bonds in the form of bond certificates, the Issuer may notify
DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through
DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in
accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services
with respect to the Bonds at any time by giving notice to the Issuer and the Registrar and
discharging its responsibilities with respect thereto under applicable law. In such event the
Bonds will be transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by the Mayor
or Administrator is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under
paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the
Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to
the permitted transferee in accordance with the provisions of this resolution. In the event Bonds
in the form of certificates are issued to owners other than Cede & Co., its successor as nominee
for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the
provisions of this resolution shall also apply to all matters relating thereto, including, without
limitation, the printing of such Bonds in the form of bond certificates and the method of payment
of principal of and interest on such Bonds in the form of bond certificates.
2.9. Form of Bonds. The Bonds shall be prepared in substantially the following form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF FARMINGTON
GENERAL OBLIGATION SANITARY SEWER REVENUE BOND OF 1998
Interest Rate
Maturity Date
Date of Original Issue
CUSIP No.
June 1, 1998
REGISTERED OWNER: CEDE & CO.
PRINCIP AL AMOUNT:
The City of Farmington, Dakota County, Minnesota (the Issuer) acknowledges itself to be
indebted and for value received hereby promises to pay to the registered owner specified above,
or registered assigns, the principal amount specified above on the maturity date specified above,
with interest thereon from the date hereof at the annual rate specified above, payable on June 1
and December 1 in each year, commencing December I, 1998, to the person in whose name this
Bond is registered at the close of business on the fifteenth day (whether or not a business day) of
the immediately preceding month, all subject to the provisions referred to herein with respect to
the redemption of the principal of this Bond before maturity. Interest hereon shall be computed
on the basis ofa 360-day year composed of twelve 30-day months. The interest hereon and,
upon presentation and surrender hereof, the principal hereof are payable in lawful money of the
United States of America by check or draft by U.S. Bank Trust National Association, in St. Paul,
Minnesota, as Bond Registrar and Paying Agent, or its designated successor under the Resolution
described herein. For the prompt and full payment of such principal and interest as the same
respectively become due, the full faith and credit and taxing powers of the Issuer have been and
are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of $2,670,000 issued
pursuant to a resolution adopted by the City Council on June 1, 1998 (the Resolution) to finance
the construction of improvements to the Issuer's sanitary sewer utility (the System) and is issued
pursuant to and in full conformity with the Constitution and laws of the State of Minnesota
thereunto enabling, including Minnesota Statutes, Section 444.075 and Chapter 475. The Bonds
are issuable only in fully registered form, in denominations of$5,000 or any integral multiple
thereof, of single maturities.
Bonds having stated maturity dates in 2003 and subsequent years are each subject to
redemption and prepayment at the option of the Issuer, in whole or in part, and ifin part in
inverse order of maturity dates and by lot as selected by the Registrar (or, if applicable, by the
bond depository in accordance with its customary procedures) in multiples of $5,000 for Bonds
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maturing on the same date, on December 1, 2002, and on any interest payment date thereafter, at
a price equal to 100% of the principal amount thereof plus interest accrued to the date of
redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity
date, the Issuer will cause notice of the call for redemption to be published as required by law,
and, at least 30 days prior to the designated redemption date, will cause notice of the call thereof
to be mailed by first class mail (or, if applicable, provided in accordance with the operational
arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the
owner's address as it appears on the bond register maintained by the Registrar but no defect in or
failure to give such mailed notice of redemption shall affect the validity of proceedings for the
redemption of any Bond not affected by such defect or failure. Upon partial redemption of any
Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the
remaining principal amount outstanding.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the Issuer at the principal office of the Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the
Issuer will cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on
the same date, subject to reimbursement for any tax, fee or governmental charge required to be
paid with respect to such transfer or exchange.
The Bonds have been designated by the Issuer as "qualified tax-exempt obligations"
pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986.
The Issuer and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the Issuer nor the Registrar shall be
affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the Issuer.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the Issuer in accordance with its terms, have
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been done, do exist, have happened and have been performed as so required; that in and by the
Resolution, the Issuer has covenanted and agreed it will impose and collect, or cause to be
imposed and collected, charges for the service, use and availability of the System at the times and
in the amounts required to produce net revenues which, together with any other funds pledged by
the Issuer to the payment of the Bonds, will be receivable in the years and in amounts sufficient
to produce sums not less than five percent in excess of the principal of and interest on the Bonds
when due; that if necessary for payment of such principal and interest, ad valorem taxes are
required to be levied upon all taxable property in the Issuer, without limitation as to rate or
amount; that the issuance of this Bond, together with all other indebtedness of the Issuer
outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause
the indebtedness of the Issuer to exceed any constitutional or statutory limitation of indebtedness;
and that the opinion printed hereon is a full, true and correct copy of the legal opinion given by
Bond Counsel with reference to the Bonds, dated as of the date of original delivery of the Bonds.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the Issuer, by its City Council, has caused this Bond to be
executed on its behalf by the manual or facsimile signatures of the Mayor and Administrator.
CITY OF FARMINGTON, MINNESOTA
(facsimile signature Administrator)
(facsimile signature Mavor)
CERTIFICATE OF AUTHENTICATION
Dated
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
U.S. BANK TRUST NATIONAL ASSOCIATION, as Registrar
By
Authorized Representative
[Insert legal opinion]
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM --as tenants in common
UTMA ................... as Custodian for ................
(Cust) (Minor)
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TEN ENT --as tenants by the entireties
under Uniform Transfers to Minors Act ......
(State)
JT TEN --as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the within
Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for registration of the within Bond, with full
power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular, without alteration or enlargement or
any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements
of the Registrar, which requirements include membership or participation in STAMP or such
other "signature guaranty program" as may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as
amended.
Please insert social security or other identifying number of assignee:
[end of bond form]
SECTION 3. GENERAL OBLIGATION SANITARY SEWER REVENUE BONDS OF 1998
CONSTRUCTION FUND. There is hereby established on the official books and records of the
Issuer a General Obligation Sanitary Sewer Revenue Bonds of 1998 Construction Fund (the
Construction Fund). The Finance Director shall continue to maintain the Construction Fund until
payment of all costs and expenses incurred in connection with the construction of the Project
have been paid. To the Construction Fund there shall be credited from the proceeds of the
Bonds, exclusive of unused discount, accrued and capitalized interest, an amount equal to the
estimated cost of the Project and from the Construction Fund there shall be paid all construction
costs and expenses of the Project. After payment of all construction costs, the Construction Fund
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shall be discontinued and any remaining amounts transferred to the Bond Fund created pursuant
to Section 4 hereof.
SECTION 4. GENERAL OBLIGATION SANITARY SEWER REVENUE BONDS OF 1998
BOND FUND. The Bonds shall be payable from a separate and special General Obligation
Sanitary Sewer Revenue Bonds of 1998 Bond Fund (the Bond Fund) of the Issuer, which the
Issuer agrees to maintain until the Bonds have been paid in full. If the money in the Bond Fund
should at any time be insufficient to pay principal and interest due on the Bonds, such amounts
shall be paid from other moneys on hand in other funds of the Issuer, which other funds shall be
reimbursed therefor when sufficient money becomes available in the Bond Fund. The moneys on
hand in the Bond Fund from time to time shall be used only to pay the principal of and interest
on the Bonds. Into the Bond Fund shall be paid (a) any funds in excess of $2,629,950 received
from the Purchaser at Bond closing, (b) capitalized interest in the amount of $
(c) the amounts specified in Section 3, (d) all net revenues of the System appropriated to the
payment of the Bonds and interest thereon in accordance with Section 6, (e) any taxes collected
pursuant to Section 7, and (f) any other funds appropriated by the Council for the payment of the
Bonds.
SECTION 5. SUFFICIENCY OF SYSTEM REVENUES. It is hereby found, determined and
declared that the Issuer owns and operates the System as a revenue-producing utility and
convenience and that the net operating revenues of the System, after deducting from the gross
receipts derived from charges for the service, use and availability of the System the normal,
current and reasonable expenses of operation and maintenance thereof, will be sufficient,
together with any other funds actually appropriated by the Issuer, for the payment when due of
the principal of and interest on the Bonds herein authorized, and on any other bonds to which
such revenues are pledged.
SECTION 6. RATE COVENANT. Pursuant to Minnesota Statutes, Section 444.075, the Issuer
hereby covenants and agrees with the registered owners from time to time of the Bonds, that until
the Bonds and the interest thereon are paid in full, or are discharged as provided in Section 8, the
Issuer will impose and collect, or cause to be imposed and collected, reasonable charges for the
service, use and availability of the System according to schedules which will produce net
revenues sufficient, with any other funds pledged and appropriated by the Issuer, to pay all
principal and interest when due on the Bonds and any other bonds to which said net revenues
have been pledged, and said net revenues, to the extent necessary, are hereby irrevocably pledged
and appropriated to the payment of the Bonds and shall be transferred to the Bond Fund as
required. Nothing herein shall preclude the Issuer from hereafter making further pledges and
appropriations of the net revenues of the System for payment of additional obligations of the
Issuer hereafter authorized if the Council determines before the authorization of such additional
obligations that the estimated net revenues of the System will be sufficient, together with any
other sources pledged to the payment of the outstanding and additional obligations, for payment
of the outstanding bonds and such additional obligations. Such further pledges and
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appropriations of said net revenues may be made superior or subordinate to, or on a parity with,
the pledge and appropriation herein made.
SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively become due, the full faith,
credit and unlimited taxing powers of the Issuer shall be and are hereby irrevocably pledged.
However, it is presently estimated that the net revenues of the System, together with other funds
to be appropriated by the Issuer to the Bond Fund, will produce amounts not less than five
percent in excess of the amounts needed to meet when due the principal and interest payments on
the Bonds and therefore no ad valorem taxes are required to be levied at this time.
SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this
section, all pledges, covenants and other rights granted by this Resolution to the registered
owners of the Bonds shall cease. The Issuer may discharge its obligations with respect to any
Bonds which are due on any date by depositing with the Registrar on or before that date a sum
sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment
thereof in full with interest accrued from the due date to the date of such deposit. The Issuer may
also discharge its obligations with respect to any prepayable Bonds called for redemption on any
date when they are prepayable according to their terms, by depositing with the Registrar on or
before that date an amount equal to the principal, interest and redemption premium, if any, which
are then due, provided that notice of such redemption has been duly given as provided herein.
The Issuer may also at any time discharge its obligations with respect to any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited, bearing interest payable at such time
and at such rates and maturing or callable at the holder's option on such dates as shall be required
to pay all principal and interest to become due thereon to maturity or earlier designated
redemption date.
SECTION 9. TAX COVENANTS: ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
9.1. General Tax Covenant. The Issuer covenants and agrees with the registered owners
from time to time of the Bonds that it will not take, or permit to be taken by any of its officers,
employees or agents, any actions that would cause interest on the Bonds to become includable in
gross income of the recipient under the Code and applicable Treasury Regulations (the
Regulations), and covenants to take any and all actions within its powers to ensure that the
interest on the Bonds will not become includable in gross income of the recipient under the Code
and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be
expended solely for the payment of the costs of constructing the Project. Throughout the term of
the Bonds the System, including the Project, will be owned and maintained by the Issuer and
available for use by members of the general public on a substantially equal basis. The Issuer
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shall not enter into any lease, management contract, use agreement, capacity agreement or other
agreement with any non-governmental person relating to the use of the System, or any portion
thereof, or security for the payment of the Bonds which might cause the Bonds to be considered
"private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code.
9.2. Certification. The Mayor and Administrator being the officers of the Issuer charged
with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and
directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of
Section 148 of the Code, and applicable Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations.
9.3. Arbitrage Rebate Exemption. It is hereby found that the Issuer has general taxing
powers, that no Bond is a "private activity bond" within the meaning of Section 141 of the Code,
that 95% or more of the net proceeds of the Bonds are to be used for local governmental
activities of the Issuer, and that the aggregate face amount of all tax-exempt obligations (other
than private activity bonds) issued by the Issuer and all subordinate entities thereof during the
year 1998 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the
provisions of Section 148(f)(4)(D) of the Code, the Issuer shall not be required to comply with
the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code.
9.4. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds
as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to
the disallowance of interest expense for financial institutions, and hereby finds that the
reasonably anticipated amount of qualified tax-exempt obligations (within the meaning of
Section 265(b)(3) of the Code) which will be issued by the Issuer and all subordinate entities
during calendar year 1998 does not exceed $10,000,000.
9.5. Reimbursement. The Issuer certifies that the proceeds of the Bonds will not be used
by the Issuer to reimburse itself for any expenditure with respect to the Project which the Issuer
paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect
to such prior expenditures, the Issuer shall have made a declaration of official intent which
complies with the provisions of Section 1.150-2 of the Regulations; provided that this
certification shall not apply (i) with respect to certain de minimis expenditures, if any, with
respect to the Project meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii)
with respect to "preliminary expenditures" for the Project as defined in Section 1.150-2(f)(2) of
the Regulations, including engineering or architectural expenses and similar preparatory
expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds.
9.6. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to comply
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with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of
1934 (17 C.F.R. 9 240.15c2-12), relating to continuing disclosure (as in effect and interpreted
from time to time, the Rule), which will enhance the marketability of the Bonds, the Issuer
hereby makes the following covenants and agreements for the benefit of the Owners (as
hereinafter defined) from time to time of the Outstanding Bonds. The Issuer is the only obligated
person in respect of the Bonds within the meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. If the Issuer fails to comply
with any provisions of this section, any person aggrieved thereby, including the Owners of any
Outstanding Bonds, may take whatever action at law or in equity may appear necessary or
appropriate to enforce performance and observance of any agreement or covenant contained in
this section, including an action for a writ of mandamus or specific performance. Direct,
indirect, consequential and punitive damages shall not be recoverable for any default hereunder
to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no
event shall a default under this section .constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a
Bond, the registered owner or owners thereof appearing in the bond register maintained by the
Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and substance reasonably
satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any
person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to,
or to dispose of ownership of, such Bond (including persons or entities holding Bonds through
nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for
federal income tax purposes.
(b) Information To Be Disclosed. The Issuer will provide, in the manner set forth in
subsection (c) hereof, either directly or indirectly through an agent designated by the Issuer, the
following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the Issuer,
commencing with the fiscal year ending December 31, 1997, the following financial
information and operating data in respect of the Issuer (the Disclosure Information):
(A) the audited financial statements of the Issuer for such fiscal year,
containing balance sheets as of the end of such fiscal year and a statement of
operations, changes in fund balances and cash flows for the fiscal year then ended,
showing in comparative form such figures for the preceding fiscal year of the
Issuer, prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board 'or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
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Issuer, noting the discrepancies therefrom and the effect thereof, and certified as
to accuracy and completeness in all material respects by the fiscal officer of the
Issuer; and
(B) To the extent not included in the financial statements referred to in paragraph
(A) hereof, the information for such fiscal year or for the period most recently available
of the type contained in the Official Statement under the headings "Tax Base," "Area,"
"Population," "Municipal Facilities," "City Government," "Employee Pension Program,"
"Residential Development," "Industrial Park(s)," "Building Permits," "Financial
Institutions," "Education," "Major Employers," "Ten Largest Taxpayers" and
"CommerciallIndustrial Development" in the section entitled "The City of Farmington -
General Information" and (ii) under all the headings in the section entitled "The City of
Farmington - Economic and Financial Information", which information may be
unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the Issuer shall provide on or before such date unaudited financial statements
in the format required for the audited financial statements as part of the Disclosure Information
and, within 10 days after the receipt thereof, the Issuer shall provide the audited financial
statements. Any or all of the Disclosure Information may be incorporated by reference, if it is
updated as required hereby, from other documents, including official statements, which have
been submitted to each of the repositories hereinafter referred to under subsection (c) or the SEC.
If the document incorporated by reference is a final official statement, it must be available from
the Municipal Securities Rulemaking Board. The Issuer shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the Issuer have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
Issuer includes in the Disclosure Information a statement to such effect; provided, however, if
such operations have been replaced by other Issuer operations in respect of which data is not
included in the Disclosure lnformation and the Issuer determines that certain specified data
regarding such replacement operations would be a Material Fact (as defined in paragraph (2)
hereof), then, from and after such determination, the Disclosure Information shall include such
additional specified data regarding the replacement operations. If the Disclosure Information is
changed or this section is amended as permitted by this paragraph (b)(I) or subsection (d), then
the Issuer shall include in the next Disclosure Information to be delivered hereunder, to the
extent necessary, an explanation of the reasons for the amendment and the effect of any change in
the type of financial information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events
which is a Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
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(C) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax-exempt status of the
security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(1) Release, substitution, or sale of property securing repayment of the
securities; and
(K) Rating changes.
As used herein, a Material Fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed, would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a Material Fact is also an event
that would be deemed material for purposes of the purchase, holding or sale of a Bond within the
meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared; and
(B) any change in the fiscal year ofthe Issuer.
(c) Manner of Disclosure. The Issuer agrees to make available the information described
in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as
appropriate:
(1) the information described in paragraph (1) of subsection (b), to each then
nationally recognized municipal securities information repository under the Rule and to
any state information depository then designated or operated by the State of Minnesota as
contemplated by the Rule (the State Depository), if any;
(2) the information described in paragraphs (2) and (3) of subsection (b), to the
Municipal Securities Rulemaking Board and to the State Depository, if any; and
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(3) the information described in subsection (b), to any rating agency then
maintaining a rating of the Bonds at the request of the Issuer and, at the expense of such
Bondowner, to any Bondowner who requests in writing such information, at the time of
transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if
such information is transmitted with a subsequent time of release, at the time such
information is to be released.
(d) Term: Amendments: InteI1'retation.
(1) The covenants of the Issuer in this section shall remain in effect so long as
any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the
obligations of the Issuer under this section shall terminate and be without further effect as
of any date on which the Issuer delivers to the Registrar an opinion of Bond Counsel to
the effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the Issuer to comply with the requirements of this section will
not cause participating underwriters in the primary offering of the Bonds to be in
violation of the Rule or other applicable requirements of the Securities Exchange Act of
1934, as amended, or any statutes or laws successory thereto or amendatory thereof.
(2) This section (and the form and requirements of the Disclosure Information)
may be amended or supplemented by the Issuer from time to time, without notice to or
the consent of the Owners of any Bonds, by a resolution of this Council filed in the office
of the recording officer of the Issuer accompanied by an opinion of Bond Counsel, who
may rely on certificates of the Issuer and others and the opinion may be subject to
customary qualifications, to the effect that: (i) such amendment or supplement (a) is made
in connection with a change in circumstances that arises from a change in law or
regulation or a change in the identity, nature or status ofthe Issuer or the type of
operations conducted by the Issuer, or (b) is required by, or better complies with, the
provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or
supplemented would have complied with the requirements of paragraph (b)(5) of the Rule
at the time of the primary offering of the Bonds, giving effect to any change in
circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and
interpreted at the time of the amendment or supplement was in effect at the time of the
primary offering; and (iii) such amendment or supplement does not materially impair the
interests of the Bondowners under the Rule. If the Disclosure Information is so amended,
the Issuer agrees to provide, contemporaneously with the effectiveness of such
amendment, an explanation of the reasons for the amendment and the effect, if any, of the
change in the type of financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure
provisions of the Rule and should be construed so as to satisfy the requirements of
paragraph (b)(5) of the Rule.
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SECTION 10. CERTIFICATION OF PROCEEDINGS.
10.1. Registration of Bonds. The Administrator is hereby authorized and directed to file
a certified copy of this resolution with the County Treasurer-Auditor of Dakota County and
obtain a certificate that the Bonds have been duly entered upon the County Treasurer-Auditor's
bond register.
10.2. Authentication of Transcript. The officers of the Issuer and the County Treasurer-
Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey
& Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the
Bonds and such other affidavits, certificates and information as may be required to show the facts
relating to the legality and marketability of the Bonds, as the same appear from the books and
records in their custody and control or as otherwise known to them, and all such certified copies,
affidavits and certificates, including any heretofore furnished, shall be deemed representations of
the Issuer as to the correctness of all statements contained therein.
10.3. Preliminary Official Statement. The Preliminary Official Statement relating to the
Bonds, dated May 12, 1998, prepared and distributed by Juran & Moody, the financial consultant
for the Issuer, is hereby approved. Juran & Moody is hereby authorized on behalf of the Issuer to
prepare and distribute to the Purchaser within seven business days from the date hereof, an
addendum to the Preliminary Official Statement listing the offering price, the interest rates,
selling compensation, delivery date, the underwriters and such other information relating to the
Bonds required to be included in the Preliminary Official Statement by Rule 15c2-12 adopted by
the SEC under the Securities Exchange Act of 1934. The officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning the
accuracy, completeness and sufficiency of the Preliminary Official Statement.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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CERTIFICATION OF MINUTES RELATING TO
$2,670,000 GENERAL OBLIGATION SANITARY SEWER REVENUE BONDS OF 1998
Issuer: City of Farmington, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held June 1, 1998, at 7:00 o'clock
P.M., at the City Hall, Farmington, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
SUPPLEMENTAL RESOLUTION RELATING TO $2,670,000 GENERAL
OBLIGATION SANITARY SEWER REVENUE BONDS OF 1998
I, the undersigned, being the duly qualified and acting recording officer of the public corporation
issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto,
as described above, have been carefully compared with the original records of said corporation in
my legal custody, from which they have been transcribed; that said documents are a correct and
complete transcript of the minutes of a meeting of the governing body of said corporation, and
correct and complete copies of all resolutions and other actions taken and of all documents approved
by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was
duly held by the governing body at the time and place and was attended throughout by the members
indicated above, pursuant to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer on June 1, 1998.
Administrator
Councilmember introduced the following resolution and moved its adoption,
which motion was seconded by Councilmember
SUPPLEMENTAL RESOLUTION RELATING TO $2,670,000 GENERAL
OBLIGATION SANITARY SEWER REVENUE BONDS OF 1998
BE IT RESOLVED by the City Council of the City of Farmington, Minnesota (the
Issuer), as follows:
SECTION 1. By resolution duly adopted on June 1, 1998, entitled "Resolution Prescribing The
Form and Details and Providing for the Payment of $2,670,000 General Obligation Sanitary
Sewer Revenue Bonds of 1998" (the Awarding Resolution) the City Council awarded the sale of
$2,670,000 General Obligation Sanitary Sewer Revenue Bonds of 1998 (the Bonds) to the
Purchaser, as described in the Awarding Resolution. In accordance with the Terms of Proposal,
the Purchaser was allowed the option of designating a maturity schedule consisting of serial
and/or term bonds subject to mandatory redemption. The Purchaser offered to purchase the
Bonds based on a maturity schedule including term bonds, the City Council accepted such bid
and Mayor and City Administrator have executed a contract on behalf of the Issuer for the sale of
the Bonds to the Purchaser.
SECTION 2. The following modifications to the Awarding Resolution are necessary:
(A) The maturity schedule set forth in Section 2.2 shall be revised to read as follows:
Year
Amount
Rate
Year
Amount
Rate
(B) A new paragraph shall be added to Section 2.4, reading as follows:
Bonds maturing on December 1, shall be subject to mandatory
redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.4
at a redemption price equal to the stated principal amount thereof plus interest accrued
thereon to the redemption date, without premium. The Registrar shall select for
redemption, by lot or other manner deemed fair, on December 1 in each of the following
years the following stated principal amounts of such Bonds:
Year
Principal Amount
The remaining $
maturity on December 1,
preceding paragraph.
stated principal amount of such Bonds shall be paid at
. Notice of redemption shall be given as provided in the
(C) Section 2.9 is modified by adding the following paragraph to the Form of Bonds
following the paragraph beginning with the words "Bonds having stated maturity dates in the
years 2003..." and ending with the words" ...representing the remaining principal amount
outstanding." :
Bonds maturing in the year _ shall be subject to mandatory redemption prior to
maturity by lot pursuant to the mandatory sinking fund requirements of the Resolution on
December 1 in each of the years _ through _ and in the principal amounts
specified in the Resolution at a redemption price equal to the stated principal amount
thereof to be redeemed plus interest accrued thereon to the redemption date, without
premium. Notice of redemption shall be given as provided in the preceding paragraph.
SECTION 3. Such modifications to the Awarding Resolution are hereby approved. Except as
expressly modified hereby, the Awarding Resolution shall remain in full force and effect.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
-2-
b?L
TO: Mayor and Councilmembers
City Administrator~
FROM: David L. Olson
Community Development Director
SUBJECT: Time Extension for Recording of
Cameron Woods Plat
DATE: June 1, 1998
INTRODUCTION
The City of Farmington Subdivision Ordinance requires that a developer record a final
plat within 75 days of the approval by the City Council. Cameron Woods was approved
by the City Council on April 7, 1997. Mr. Benedict is requesting another 60 day
extension to July 31, 1998.
DISCUSSION
Mr. Benedict's proposed sale of this property to Sand Companies Inc. has apparently
fallen through as of May 27th. His previous plat recording extension expires on June 1,
1998. Mr. Benedict is requesting another extension to July 31, 1998 to allow him time to
determine whether he will now develop the property or determine if there is another
prospective buyer for the property.
As is indicated in Mr. Benedict's attached letter, this will definitely be the last extension
of the plat recording period that he will seek and that the City should consider. While the
City currently does not have guidelines for the granting of extensions for the recording of
final plats, we will be presenting an updated Development Approval Process at the June
15th City Council meeting. In this recommended Development Approval Policy update, it
is recommended that only one extension be considered for the recording of final plats.
ACTION REOUESTED
Approve an extension for the recording of the fmal plat for Cameron Woods until July 31,
1998 and indicate that this will be the last extension that the City will consider granting to
Mr. Benedict.
Respectfully submitted,
u;/ ~~
avid L. Olson
Community Development Director
I
Cit'l of Farmin9ton 325 Oak Street · FarminiJton, MN 55024 · (612) 463-7711 · Fair (612) 463-2591
,
JACKA.
BENEDICT
&Assoc.,INC.
Real Estate Sales & Development
18300 Pilot Knob Road
Farmington, MN 55024
612.460.6866
May 27, 1998
FARMINGTON CITY COUNCIL
CITY OF FARMINGTON - CITY
325 OAK ST
FARMINGTON MN 55024
HALL
Re: Cameron Woods PUD
Request for Extension
Dear Council Members:
On April 7th, 1997, the City Council approved the above noted PUD.
Since that time I have requested and been granted two (2) extensions
for recording the final plat. These extensions were needed to
accommodate County Easements and Right-of-ways.
In February of 1998, I entered into a Purchase Agreement with Sand
Companies, Minnesota, Inc. for purchase of Cameron Woods. Closing had
been scheduled for May 15th, 1998, then postponed until May 28th,
1998. Due to no fault of myself, the County, or the City, Sand
Companies, Minnesota, Inc. has decided to withdraw from the purchase
of Cameron Woods.
with Sand Companies, Minnesota, Inc.'s last hour withdrawal, and my
extension due to expire on June 1st, 1998, I would ask the council to
please grant one last sixty (60) day extension so final grading and
administrative requirements can be worked out and final plat recorded.
/2:Tqan 1 you in advance,
~~~~
John A. Benedict
JABjpd
5-27-19'~18 2:57Ptl
nmrl ~;A"~D COtPAl\lIES we 320 2[Q 313q
c:' _ 1
Salld ClJnlpanies, Inc.
.,....rtIr ,.
1 ~ ___ --..
366 Sou/It 10/h ,.\F1~:'mle. PO Box 727. H'tlite Park. MN 56387-0727. Office (320) 202-3100 . Fux (320) 202.3139
_1Ilo-l>_____
I b. --.-
May 27, 1998
u .s. ~Mftil
Sellt Via Fax
Jack A Benedict
Ernest Darilinger
311 Oak Street
Famtington~!\IIN 55024
RE: CAJ\;IERON '''OODS It]LAT,ll'ARl\UNGTON
Dear Mr, Benedict:
After evaluating the infimuation you provided per Section 5 of tbe Purchasl~ Agreement dated Febnmry
12, 1998, Sand Companies, Inc, has elected not to pursue a closing on this property. I would apologize
for the timing of this decision, but as you are aware, Sand Companies, Iue. did ask for a twenty day
review period from the time the lust document requested was forwarded to us. Since one of the
documents was never provided, and several CaIne later than expected, we attt~mpted to move torward to a
closing date as best we t::ould.
I ""ill forward all documents sent to us by your office, and will provide you with a copy of the survey we
prepared for your property in hope that it will expedite a sale with a diflbrent party. Based upon our
Purchase Agreement, you will retain the eal1lest money, as it was non-refundable.
Per our phone conversation. I am clear that our action has inconvenienced you and you are e"'-'1remely
angry at our organization. Please be advised that I am available at 320-202-3100 if you should wish to
contact us.
Sincerely,
Sand Compmlies, Inc. /,1 ____
..--~? ./;7 <.------;;f'--
--- ,/ :;;/ . /,?'_?
_//~4 ;?;?t;V
Darrick Metz ~
Business Devel8Pment Manager
'~'
; ,..,
. ,
<;nl1n rnmpanirf. lnr · Sa"d Pro"erf;r.'1, ,~J;'''lf'.w'ta. Inc.
COUNCIL MINUTES
REGULAR
May 18, 1998
tOv
C I)
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 J. Jamnik, City
Management Team
4. APPROVEAGENDA
. MOTION by Gamer, second by Cordes to approve the Agenda. APIF,
MOTION CARRIED.
5. ANNOUNCEMENTS
a) Proclamation Declaring Emergency Medical Services Week
Councilmember Gamer read the Proclamation designating the week of May 17
through 23, 1998 as Emergency Medical Services Week.
b) Proclamation Declaring AARP 55 AlivelMature Driving Week
Councilmember Strachan read the Proclamation proclaiming May 24 through 30,
1998 as AARP 55 Alive/Mature Driving Week.
c) New Employee Introduction
Michael Schultz was introduced to the Council as the City's new Associate
Planner.
Council Minutes (Regular)
May 18, 1998
Page 2
6. CITIZEN COMMENTS
Jack Benedict requested a time extension on the Cameron Woods Plat. He stated that the
plat has been sold; however, until the closing is held to finalize the transaction an
extension may be required. He also noted that 3 1/2 acres of parkland will be retained for
dedication to the City. City Administrator Erar requested Council to not act on the
extension and if Mr. Benedict does not close, staff will bring this matter back to City
Council at their June 1, 1998 meeting.
a) Anthony Pena, 18906 Embry Avenue - Traffic Survey
Council acknowledged staffs response. Mr. Pena was not in attendance, but did
receive a copy of the staff memorandum.
7. CONSENT AGENDA
MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows:
f)
g)
h)
i)
j)
k)
1)
a)
b)
c)
d)
e)
Approved Council Minutes 5/4/98 (Regular)
Approved Agreement - Standard Engineering Guidelines
Acknowledged Fund Accounting Structure Change
Approved Final Plat Recording Extension - East Farmington 4th Addition
Approved Development Contract and adopted RESOLUTION RSO-98
Approving Development Contract - East Farmington lh Addition
Approved School and Conference Request - Fire Department
Approved Capital Outlay Purchase - Fire Department
Acknowledged Resignation - Administration Department
Approved Request for Proposals - Residential and Commercial Recycling
Approved Change Order - Municipal Pool
Authorized Disposal of Equipment - Parks and Recreation Dept.
Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS - None.
9. AWARD OF CONTRACT - None.
Council Minutes (Regular)
May 18, 1998
Page 3
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Review Boulevard Tree Policy
Upon request of the P ARAC, the proposed Boulevard Tree Policy was presented
to Council. The City Attorney will review the Policy and staff will prepare the
necessary amendment for Council approval at a future meeting.
b) Farmington Middle School 2Dd Addition - Final Plat
City Planning Coordinator Smick presented the recommendation to approve
Independent School District 192's request for approval of a Final Plat to locate a
new middle school building. MOTION by Gamer, second by Cordes to adopt
RESOLUTION R51-98 Approving Final Plat - Farmington Middle School 2nd
Addition. APIF, MOTION CARRIED.
c) Farmington Middle School2Dd Addition - Development Contract
City Planning Coordinator Smick outlined the conditions under which the
Development Contract must be agreed upon and approved. MOTION by
Strachan, second by Cordes to adopt RESOLUTION R52-98 Approving
Development Contract - Farmington Middle School 2nd Addition and authorizing
its signing contingent upon approval by the engineering Division. APIF,
MOTION CARRIED.
d) Wetland Ordinance Revision - Update
This matter was submitted to Council for information only. City Planning
Coordinator Smick presented staffs proposed schedule seeking approval of the
ordinance with an effective date of August 3, 1998. All wetlands will be
identified by category on a map in the near future.
e) Building Inspection Service Contract - Eureka Township
Community Development Director Olson presented a request to terminate the
Building Inspection Services Agreement it has had with Eureka Township since
1988. The City of Farmington is experiencing an increase in construction activity
and is not staffed to handle the additional inspections for Eureka Township.
Eureka Township Board Chairman Cheryl Schindeldecker and Vice Chair Clark
Smith clarified that all inspections submitted for plan review will be completed
before the termination of the Contract (within 60 days). It was agreed that the
Eureka Township's new inspector would handle all building permits received after
July 15, 1998. MOTION by Gamer, second by Fitch to terminate the current
Building Inspection Services Agreement with Eureka Township effective July 15,
1998. APIF, MOTION CARRIED.
Council Minutes (Regular)
May 18, 1998
Page 4
t) Downtown Sidewalk and Lighting Project - Council Workshop
Workshop set for either 6/10 or 7/15/98
Director of Public Works/City Engineer Mann requested Council set a workshop
date to discuss the options available for the 1998 Sidewalk and Street Lighting
project. It was determined that the workshop will be set for either June 10 or July
15, 1998, depending on Council's availability.
11. UNFINISHED BUSINESS
a) Amend Ordinance - Weed Control Regulations
A proposed Weed Control Ordinance was presented to Council for their review.
Director of Public Works/City Engineer Mann received approval from Council to
forward the draft Ordinance to the Planning Commission for their comments.
12. NEW BUSINESS
a) Adopt Resolution Request MnDOT Cooperative Agreement
Improvements at Willow at T .H. 3.
Mayor Ristow stepped down from the Council table to alleviate any concerns of
potential conflict of interest. Improvements to the frontage road at the
intersection ofT.H. 3 and Willow will benefit MnDOT and the trunk highway, as
well as the adjacent property owners. As stated in his memo, Director of Public
Works/City Engineer Mann reiterated the possibility of excess funds available
within MnDOT's budget and the possibility of completion of this project this year
or next year. It was agreed that this project is a developer's project, but can best
be facilitated by the City. MOTION by Strachan, second by Fitch to adopt
RESOLUTION R53-98 Requesting MnDOT Funding by Cooperative
Agreement. MOTION CARRIED ON A 4-0-0 VOTE.
Mayor Ristow returned to his seat at the Council table.
Council Minutes (Regular)
May 18, 1998
Page 5
13. COUNCIL ROUNDTABLE
a) Update - Public Works Issues
The drainage problem on Hickory Street between 7th and 8th Street was discussed
and it was the City Council's wishes that staff bring this item back to Council with
possible funding methods.
Regarding the drainage issue at 509 8th Street, staff indicated that the area is
currently too wet to grade, but will continue to monitor the area.
b) Builders Association Video
City Council, City Management Team and the audience viewed the Builders
Association video. It was noted that East Farmington meets many of the needs of
the community's visioning process.
Councilmember Strachan: Asked what color the new water tower will be painted.
(Staff indicated they would look into the matter and
advise.)
Councilmember Fitch:
Observed the nurp ponds over the weekend and noted they
are draining properly.
City Administrator Erar:
Attended Met Council meeting 5/18/98 with Director of
Community Development Olson. The Met Council is
looking for participants in a study (involving eight cities
and two school districts) to assess the fiscal impacts of
development. Not certain whether Farmington will be one
of the participants.
Much support from neighboring communities in terms of
where urban-style growth should occur and strong interest
in receiving a response from the Met Council regarding
expression of a regional policy statement.
Parks & Rec Director Bell: We will be seeing the Gateway signs in the next couple of
weeks.
The City had a successful Clean-up Day and a report will
follow shortly.
Council Minutes (Regular)
May 18, 1998
Page 6
Mayor Ristow:
Thanked maintenance crews for good job handling water
during recent storm.
Discussed development of commercial parcels in Castle
Rock Township.
14. ADJOURN
MOTION by Fitch, second by Gamer to adjourn at 8:55 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~~~
Karen Finstuen
Administrative Service Manager
Special City Council Meeting
Thursday, May 14, 1998 Meeting Minutes
City Hall Council Chambers
ltl (2)
Present: Mayor Ristow, Councilmembers Cordes, Fitch, Strachan, Representative Ozment,
Legislative Assistant Pinke, Administrator Erar, Community Development Director Olson and
Finance Director Roland.
Absent: Council Member Gamer.
The meeting was called to order by Mayor Ristow at 4:05 p.m. in the Council Chambers. The
purpose of the meeting was to discuss City tax issues and to gain an understanding of
Representative Ozment's legislative tax priorities. Representative Ozment informed the Council
that he had been appointed to the House Tax Committee, and was interested in understanding the
views of the City Council relative to municipal tax issues. A meeting agenda was prepared and
included municipal sales tax, property taxes, tax capacity issues, levy limits, tax increment
financing and implications of class rate changes enacted by the legislature in 1997 and 1998 for
discussion.
Finance Director Roland made a brief presentation on City tax rate calculations and discussed the
reduction in the City tax rate for 1998. A general conversation and exchange of information was
held on related issues such as levy limits and the need to understand the effects of state tax policy
on municipal financial affairs. In addition, information was presented to Representative Ozment
on the effects of rapid growth occurring in Farmington and the need for the Council, as the
locally elected officials, to have the ability to make decisions affecting how services are provided
and paid for at the local level.
Discussions followed on the unsuccessful efforts to repeal the municipal sales tax in the 1998
Legislature, with Representative Ozment expressing his general support of repeal efforts in 1999.
He indicated that he did not support one level of government taxing another, and that he had
sponsored sales tax repeal legislation for cities in 1998.
Community Development Director led the discussion on tax increment financing and upcoming
recodification of TIF statutes in 1999. Representative Ozment indicated that he was no longer
focusing his attention on TIF reform, and assured the Council that recodification would not lead
to whole scale legislative TIF revisions.
Other discussions also focused on the State Auditor's authority on TIF reporting requirements,
and a general roundtable on related tax issues.
The Mayor and Council expressed their views on a variety of issues such as the State surplus and
the need to return the surplus to the taxpayers and the need to communicate and cooperate on
issues affecting City finances and taxes. Representative Ozment also spoke of the need to
communicate with the City on tax issues, his views on state spending accountability, and his
commitment to good government at all levels.
The Mayor and Council expressed their appreciation and thanks to Representative Ozment for
taking the time to meet with Council and staff. Representative Ozment responded in kind.
The meeting was adjourned at 5:37 p.m.
R;U7t::-
too ~~ar
City Administrator
TO:
Mayor, Councilmembers, City
Administrator~
Karen Finstuen, Administrative
Service Manager
16
FROM:
SUBJECT: Off-Sale 3.2 Beer License
DATE: June 1, 1998
INTRODUCTION
The Tom Thumb Store located at 420 Elm Street and operated by Enggrens Enterprises has
recently closed down its operations.
DISCUSSION
Tom Thumb Food Markets will be reopening the store June 1, 1998 and is requesting an Off-Sale
3.2 Beer License. The store at 420 Elm Street will now be owned and operated by the same Tom
Thumb Food Market that currently operates the Tom Thumb located on Highway 3.
The Police Department has reviewed the license application and recommends approval.
BUDGET IMPACT
The $30.00 annual fee will be allocated to the appropriate account within the 1998 budget.
ACTION REQUIRED
Approve the issuance of an Off-Sale 3.2 Beer License to the Tom Thumb, 320 Elm Street, with
an expiration date of December 31, 1998.
Respectfully submitted,
~~~
Karen Finstuen
Administrative Service Manager
cc: Tom Thumb Food Markets
I
CitlJ of Farmington 325 Oak Street. Farminfjtonl MN 5502~ · (612) ~63.7111 · Fait (612) ~63.2591
TO:
Mayor, Councilmembers
City AdministratoEJ~
James Bell, Director
Parks and Recreation
1t
-FROM:
SUBJECT: Approve Permits for
Mountain Dew Days
DATE: June 1, 1998
INTRODUCTION
Permits are needed for the Mountain Dew Days Celebration.
DISCUSSION
The Mountain Dew Days Committee is requesting that the City Council waive the fees for
the permits required for the annual celebration. Council has done this in past years.
Attached is a list of the events which require permits and their fees.
BUDGET IMPACT
The total cost of waiving these permit fees for the 1998 Celebration is $1,730. These fees
were not budgeted for as revenues in the 1998 budget.
ACTION REQUESTED
Approve the waiver of the celebration fees.
Respectfully submitted,
--L B~
James Bell
Parks and Recreation Director
I
CitlJ of Farmin9ton 325 Oak Street · Farmintjton/ MN 5502~ · (612) ~63-7111 · Fa/f (612) ~63-2591
1998 MOUNTAIN DEW DAYS FESTIVAL PERMITS
The following is a listing of events, sponsors, locations and the established fees for each event
which requires a permit.
Temporary Exhibitions - Ord. 3-17-4 -1998 Fee = $15.00 per Event
Bingo
Dew Run
Kiddie Parade
Horseshoe Contest
Dewy Duck Race
Variety Show
Grand Parade
Medallion Hunt
Kiddie Rides
Food Eating Contest
Dunk Tank
Trout Tank
Chalk Drawing
Street Dance
Farmington Jaycees
Parks and Recreation
Festival Committee
Eagles Club
Festival Committee
Festival Committee
Festival Committee
Festival Committee
Festival Committee
B & B Pizza
Church of the Advent
Dakota County Sportsmen
Parks and Recreation
Fire Department
14 Events x $15.00 = $210.00
Downtown
Downtown
Downtown
Downtown
Rambling River Park
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Transient Merchant - Ord. 3-18-1-1998 Fee = $50.00 per Quarter
Concession
Concession
Concession
Concession
Concession
Concession
Concession
Concession
Concession
Balloons
Crafts
Sletten's
Brad Schroeder (3)
Medley Concessions
Woody's Popcorn Wagon
Eastern Star
Taco Dick's
Faith Church
Youth Hockey
Knights of Columbus
Matt Milner Sales
Craft Vendors (20)
32 Vendors x $50.00 = $1,600.00
Temporary 3.2 On-Sale License
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Downtown
Third Street
Downtown
Total Cost of Permit Fees for 1998 Celebration = $1,810.00
Admin(E)\Lfolie\Fonns\l998 MOUNTAIN DEW DAYS FESTIVAL PERMITS
TO:
Mayor, Councilmemb~rs
City Administrator 7:;JG-
James Bell, Parks and Recreation
Director
FROM:
SUBJECT:
Frontier Site Agreement
DATE:
June 1, 1998
INTRODUCTION
Staff has reached an agreement with Frontier Communications on the purchase of the property adjacent to
the Ice Arena.
DISCUSSION
Frontier Communications has agreed to sell the property east of the Ice Arena. This property is currently
the location of the communications tower. Frontier has abandoned the use of the tower and all equipment
on it has been removed. The land, building and tower is included in the purchase.
After purchasing the property, the City will have the tower removed. The small building on the site will
be used for storage until a use for the property is determined. Frontier has indicated that they will keep
the generator on site until the tower is removed to enable the City to have backup power for the light at
the top of the tower. Staff will be requesting quotes to remove the tower from the site as soon as possible.
The City Attorney has reviewed and approved the language included in the proposed Purchase
Agreement.
BUDGET IMPACT
The agreed upon price of $30,400 is within the 1998 budget.
ACTION REQUESTED
Approve the purchase of the Frontier property east of the Ice Arena and enter into a purchase agreement
with Frontier Communications.
Respectfully submitted,
~~~~
James Bell
Parks and Recreation Director
ld
CitlJ. of Farmint}.ton 325 Oak Street · Farmington, MN 55024 · (612) 463.7117 · Fair (612) 463.2591
TO:
Mayor, Councilme~ _
City Administrator7 v ~
James Bell, Parks and Recreation
Director
I~
FROM:
SUBJECT:
Adopt Resolution Accepting Donations
DATE:
June 1, 1998
INTRODUCTION
Donations have been received at the Senior Center.
DISCUSSION
The donations for the Senior Center are as follows:
The VFW has donated $500 for furnishings at the Senior Center.
The Eagles has donated $400 for furnishings at the Senior Center.
Staff will communicate the City's appreciation on behalf of the Council to the organizations for their
generous donations.
ACTION REOUESTED
Adopt the attached resolution accepting the donation of $500 from the VFW and $400 from the Eagles.
Respectfully submitted,
~,~ \S~
James Bell
Parks and Recreation Director
I
CitlJ of FarminiJ.ton 325 Oak Street · FarminlJton, MN 55024 · (612) 463.7111 · Falf (612) 463.2591
PROPOSED RESOLUTION No. R -98
ACCEPTING DONATIONS TO THE SENIOR CENTER
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Farmington, Minnesota, was held in the Council Chambers of said City on the 1st day
of June, 1998 at 7:00 P.M.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, the VFW has donated $500 to be used for furnishings at the Senior Center
and the Eagles $400 to be used for furnishings at the Senior Center; and
WHEREAS, it is in the best interest of the City to accept such donations.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby
accepts the generous donation of $500 from the VFW and $400 from the Eagles to be
used for furnishings at the Senior Center.
This resolution adopted by recorded vote of the Farmington City Council in open session
on the 1st day of June, 1998.
Mayor
Attested to the
day of June, 1998.
City Administrator
SEAL
1f
TO:
Mayor, Councilmembers
City Administrato~
James Bell, Parks and Recreation
Director
FROM:
SUBJECT:
Approve Change Order - Municipal Pool
DATE:
June 1, 1998
INTRODUCTION
During the reconstruction of the pool bath house, the architect and staff identified the need to extend the
restroom partitions and add emergency exit lighting.
DISCUSSION
The restroom partitions need to be extended to accommodate the handicapped area in the men's
restrooms. The architect determined that the wall had to be extended which caused the partitions to be
extended.
During plan review, the Fire Marshall requested that emergency lighting and exit lighting be added to the
men's and women's restrooms.
BUDGET IMPACT
The changes requested will increase the cost of the project by $2,551.53. Funding for the change order
will come from CDBG funds.
ACTION REOUESTED
Council approval of change order #2 of the pool bath house improvements is requested.
Respectfully submitted,
~c:-- 6J&
James Bell
Parks and Recreation Director
I
Citlj of FarminiJton 325 Oak Street · FarminfJtonl MN 55024 · (612) 463-7111 · Fax (612) 463-2591
TO:
1
Mayor, Councilmembers and j
C~ty Administrato~
Tom lIemish
Rescue Squad Captain
FROM:
SUBJECT:
Capital Outlay Purchase -
Fire Department
DATE:
June 1, 1998
INTRODUCTION
The Fire Department is requesting the purchase of a VISAR Portable Handheld Radio.
DISCUSSION
The Rescue Squad is purchasing a VISAR Portable Handheld Radio by Motorola. This radio
purchase was budgeted for 1998. A quote was received through the Minnesota Fire Consortium
in which the Farmington Fire Department is a member.
BUDGET IMPACT
The cost of the VISAR Portable Handheld Radio is $999.00 and is within the 1998 budgeted
amount.
ACTION REOUESTED
No action is required. This is for your information only.
Respectfully submitted,
Torn -H~
Tom Hemish
Rescue Captain
Citl}. of FarminiJton 325 Oak Street. FarminfJton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591
COUNCIL REGISTER
COUNCIL MEETING ON JUNE 1, 1998
VENDOR
28-MAY-1998 (11:00)
ACTIVITY
DESCRIPTION
CHECK AMOUNT
CK-SUBSYSTEM
lh
4 PAWS ANIMAL CONTROL
---------------------------------------------------------------------------------------------------------------------
<*>
ABH PROPERTIES
<*>
ABM EQUIPMENT & SUPPLY INC
<*>
ADIRONDACK DIRECT
<*>
AERIAL COMMUNICATIONS INC
<*>
AFLAC
<*>
AIRLAKE FORD MERCURY
<*>
AIRTOUCH CELLULAR
<*>
AL'S LOCK AND KEY
<*>
ALCORN BEVERAGE CO. INC.
<*>
ALEXANDER TECHNOLOGIES INC
<*>
ALL LSYSTEMS ROOFING INC
<*>
ANOKA SHERIFF
<*>
APPLE VALLEY. CITY OF
<*>
ARAGON. MATHEW
<*>
ASPENWALL TREE SERVICE INC
<*>
BONESTROO ROSENE ANDERLIK INC
<*>
POLICE ADMIN PROF SERVICES 700.00 OH
700.00*
SEWER OPEATIONS EQUIP MAINT/RENT 100.00 OH
SOLID WASTE EQUIP MAINT/RENT 1,500.00 OH
STREET MAINT EQUIP MAINT/RENT 290.00 OH
1,890.00*
STREET MAINT EQUIP MAINT/RENT 200.00 OH
200.00*
ADMINISTRATION MISC OFF & FURN 110.20 OH
110.20*
ADMINISTRATION UTILITIES 57.46 OH
COMM DEVELOPMENT UTILITIES 43.64 OH
SEWER OPEATIONS UTILITIES 18.58 OH
SOLID WASTE UTILITIES 84.23 OH
STREET MAINT UTILITIES 18.59 OH
WATER UTILITY UTILITIES 18.59 OH
241. 09*
GENERAL FUND MEDICAL INS 226.40 OH
226.40*
ENGINEERING SERV EQUIP MAINT/RENT 100.25 OH
FLEET MAINT SERV TRANSPORT COSTS -32.90 OH
67.35*
POLICE ADMIN UTILITIES 9.67 OH
9.67*
PATROL SERVICES VEHICLE PURCHASE 190.00 OH
190.00*
LIQUOR MERCH FOR RESALE 13,384.70 OH
13,384.70*
FIRE SERVICES OPER MAT & SUPPL 117.32 OH
117.32*
BUILDING MAINT CONSTRUCTION 1,600.00 OH
1,600.00*
GENERAL FUND POLICE SERVICES 1,400.00 OH
1,400.00*
COMMUNICATIONS PROF SERVICES 752.77 OH
752.77*
SEWER OPERATIONS USER FEES 280.99 OH
280.99*
TREE MAINTENANCE PROF SERVICES 1,480.35 OH
1,480.35*
2ND ST PARKING PROF SERVICES 102.61 OH
ARENA TEAM ROOM PROF SERVICES 48.37 OH
COUNTY ROAD 31 PROF SERVICES 3,031.72 OH
DEVLPR CAP PROJ PROF SERVICES 20,534.75 OH
ENGINEERING SERV PROF SERVICES 4,550.00 OH
G.I.S. PROF SERVICES 70.00 OH
PARK IMPROVEMENT PROF SERVICES 276.74 OH
RESERVOIR CONSTR PROF SERVICES 482.00 OH
SEWER OPEATIONS PROF SERVICES 879.94 OH
STATE AID CONST PROF SERVICES 72.00 OH
STATE AID STREET PROF SERVICES 4,079.71 OH
STORM WATER UTIL PROF SERVICES 2,758.80 OH
STREET MAINT PROF SERVICES 1,365.20 OH
WATER UTILITY PROF SERVICES 4,804.18 OH
43,056.02*
COUNCIL REGISTER
VENDOR
28-MAY-1998 (11:00)
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
<*>
-------------------------------------------------------------------------------------------------------------------
BOR-SON CONSTRUCTION INC
BRY JR., JEFFREY A.
<*>
BT OFFICE PRODUCTS INTERNATION
<*>
BUDGET OIL CO
<*>
CAMAS
<*>
CAMPBELL KNUTSON
<*>
CANNON CONSTRUCTION
<*>
CAP AGENCY
<*>
CARABEC HOMES
<*>
CARLSON TRACTOR &: EQUIPMENT CO
<*>
CMI INC
<*>
COLLEGE CITY BEVERAGE INC
<*>
CONOCO
<*>
COPY SALES INC
<*>
CULLIGAN WATER CONDITIONING
<*>
D&:O PROPERTIES
<*>
D.J.'S MUNICIPAL SUPPLY INC
<*>
DAKOTA COUNTY LUMBER COMPANY
<*>
DAKOTA COUNTY TECHNICAL COLLEG
<*>
DAKOTA COUNTY TOWING
<*>
DAKOTA ELECTRIC ASSOCIATION
<*>
DAYMAR CONSTRUCTION
<*>
DEPT OF PUBLIC SAFETY
ESCROW FUND ESCROWS PAYABLE 6,450.00 OH
6,450.00*
SEWER OPERATIONS USER FEES 79.77 OH
79.77*
ADMINISTRATION OFF &: PAPER SUPP 284.69 OH
284.69*
ENGINEERING SERV TRANSPORT COSTS 30.00 OH
FIRE SERVICES TRANSPORT COSTS 22.50 OH
PARK MAINT TRANSPORT COSTS 36.51 OH
PATROL SERVICES TRANSPORT COSTS 14.29 OH
SOLID WASTE TRANSPORT COSTS 513.00 OH
STREET MAINT TRANSPORT COSTS 160.34 OH
776.64*
STREET MAINT OPER MAT &: SUPPL 18.12 OH
18.12*
GENERAL FUND ACCOUNTS PAYABLE 9,008.06 OH
9,008.06*
ARENA TEAM ROOM CONSTRUCTION 19,950.00 OH
19,950.00*
Senior Center PROF SERVICES 1,667.04 OH
1,667.04*
SEWER OPERATIONS USER FEES 46.93 OH
46.93*
STREET MAINT EQUIP MAINT/RENT 25.07 OH
25.07*
COMMUNICATIONS PRINT &: PUBLISH 673.94 OH
673.94*
LIQUOR MERCH FOR RESALE 6,150.35 OH
6,150.35*
BUILDING INSPCT TRANSPORT COSTS 12.40 OH
FIRE SERVICES TRANSPORT COSTS 103.87 OH
PATROL SERVICES TRANSPORT COSTS 52.20 OH
SOLID WASTE TRANSPORT COSTS 650.35 OH
818.82*
FIRE SERVICES EQUIP MAINT/RENT 69.22 OH
69.22*
ICE ARENA OPER MAT &: SUPPL 87.33 OH
87.33*
LIQUOR BLDG MAINT &: RNT 2,939.78 OH
2,939.78*
WATER UTILITY OPER MAT &: SUPPL 134.2J. OH
134.21*
PARK MAINT OPER MAT &: SUPPL 931.03 OH
931.03*
FIRE SERVICES SCHOOL &: CONF 380.00 OH
380.00*
PATROL SERVICES PROF SERVICES 25.00 OH
25.00*
EMERG MGMT SERV EQUIP MAINT/RENT 5.33 OH
SIGNAL MAINT UTILITIES 2,169.83 OH
TREE MAINTENANCE PROF SERVICES 720.00 OH
2,895.J.6*
SEWER OPERATIONS USER FEES 141.78 OH
141.78*
SWIMMING POOL PROF SERVICES 50.00 OH
COUNCIL REGISTER
VENDOR
28-MAY-1998 (11:00)
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
- ----------------------------------------------------------------------------------------------------------------------
OH
DEPT OF PUBLIC SAFETY
<*>
DUEBERS DEPT STORE
<*>
EAGAN GENERAL REPAIR
<*>
EARL F ANDERSON AND ASSOCIATES
<*>
EDINA REALTY
<*>
ELLINGSWORTH, BOB
<*>
ERAR, JOHN
<*>
FARMINGTON BAKERY INC
<*>
FARMINGTON EMPLOYEE CLUB
<*>
FARMINGTON INDEPENDENT
<*>
FARMINGTON PRINTING INC
<*>
FEDERAL RESERVE BANK
<*>
FEDERAL SIGNAL CORP.
<*>
FISCHER, ROBERT
<*>
FRITZ COMPANY INC
<*>
FRONTIER COMMUNICATIONS
<*>
GALL'S INC
<*>
GERSTER JEWELERS
WATER UTILITY
PROF SERVICES
BUILDING MAINT
SENIOR CITIZEN
OPER MAT & SUPPL
SPEC ACT SUPPL
GENERAL FUND
ACCOUNTS PAYABLE
STATE AID CONST
OPER MAT & SUPPL
SEWER OPERATIONS USER FEES
FIRE SERVICES
SCHOOL & CONF
ADMINISTRATION
TRANSPORT COSTS
ESCROW FUND
Recreation prog
TREE MAINTENANCE
OPER MAT & SUPPL
OPER MAT & SUPPL
OPER MAT & SUPPL
GENERAL FUND
EMPLOYEE CLUB
ADMINISTRATION PRINT & PUBLISH
FIRE SERVICES PRINT & PUBLISH
PERSONNEL PRINT & PUBLISH
PLANNING/ZONING UTILITIES
STATE AID STREET PRINT & PUBLISH
ADMINISTRATION MISC
FIRE SERVICES PRINT & PUBLISH
LIQUOR OPER MAT & SUPPL
RECREATION PROGR OFF & PAPER SUPP
SENIOR CITIZEN PRINT & PUBLISH
SOLID WASTE PRINT & PUBLISH
WATER UTILITY PRINT & PUBLISH
GENERAL FUND SAVINGS BONDS
EMERG MGMT SERV EQUIP MAINT /RENT
SEWER OPERATIONS USER FEES
LIQUOR
MERCH FOR RESALE
COMM DEVELOP UTILITIES
COMMUNICATIONS UTILITIES
COUNTY ROAD 31 UTILITIES
ICE ARENA UTILITIES
RECREATION PROGR UTILITIES
SEWER OPEATIONS UTILITIES
SOLID WASTE UTILITIES
WATER UTILITY UTILITIES
PATROL SERVICES OPER MAT & SUPPL
Senior Center OPER MAT & SUPPL
50.00
100.00*
4.25
15.64
19.89*
1,500.00
1,500.00*
541.19
541.19*
57.28
57.28*
61. 32
61.32*
200.00
200.00*
28.80
3.50
31.20
63.50*
47.00
47.00*
10.80
180.00
25.00
21. 60
56.70
294.10*
17.04
17.04
70.29
22.15
154.43
55.48
69.23
405.66*
25.00
25.00*
11,746.95
11,746.95*
68.21
68.21*
1,696.96
1,696.96*
29.78
1,969.49
17.04
29.78
9.49
261.11
29.78
41. 22
2,387.69*
141.19
141.19*
42.60
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
COUNCIL REGISTER
VENDOR
<*>
GOLDEN VALLEY SUPPLY CO
<*>
GOPHER SPORT
<*>
GOPHER STATE ONE-CALL INC
<*>
GREAT AMERICAN MARINE
<*>
GRIGGS COOPER & CO
<*>
HANSEN CONSTRUCTION
<*>
HAWKINS WATER TREATMENT GROUP
<*>
HEALTHPARTNERS
<*>
HOFFBECK TRUCKING INC
<*>
HYDRO SUPPLY CO
<*>
ICMA RETIREMENT TRUST-457
<*>
J.P. TREE SPADE SERVICE
<*>
JENSEN, NEAL
<*>
JOHNSON BROTHERS LIQUOR COMPAN
<*>
JOHNSON, DONN
<*>
JR'S APPLIANCE DISPOSAL INC
<*>
JUENKE, JON
<*>
KELLY ELECTRIC INC
<*>
KENNEDY, DOREEN
<*>
KEYLAND HOMES
<*>
KWIK TRIP
<*>
LAKEVILLE, CITY OF
<*>
LAW ENFORCEMENT LABOR SERVICES
ACTIVITY
LIQUOR
28-MAY-1998 (11:00)
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
RECREATION PROGR OPER MAT & SUPPL
BLDG IMPROVEMENT
SEWER OPEATIONS
WATER UTILITY
RESCUE SQUAD
LIQUOR
ESCROW FUND
WATER UTILITY
GENERAL FUND
DEVLPR CAP PROJ
WATER UTILITY
GENERAL FUND
PROF SERVICES
PROF SERVICES
EQUIP MAINT/RENT
MERCH FOR RESALE
ESCROWS PAYABLE
OPER MAT & SUPPL
MEDICAL INS
PROF SERVICES
OPER MAT & SUPPL
ICMA
WATER UTILITY
TREE MAINTENANCE PROF SERVICES
MISC
LIQUOR
MERCH FOR RESALE
SEWER OPERATIONS USER FEES
SPEC ACT SUPPL
SOLID WASTE
STORM WATER UTIL OPER MAT & SUPPL
SOLID WASTE PROF SERVICES
Recreation prog OPER MAT & SUPPL
SEWER OPERATIONS USER FEES
ENGINEERING SERV TRANSPORT COSTS
FIRE SERVICES TRANSPORT COSTS
FLEET MAINT SERV TRANSPORT COSTS
PARK MAINT TRANSPORT COSTS
PATROL SERVICES TRANSPORT COSTS
SEWER OPEATIONS TRANSPORT COSTS
STREET MAINT TRANSPORT COSTS
WATER UTILITY TRANSPORT COSTS
FIRE SERVICES
PATROL SERVICES
GENERAL FUND
PROF SERVICES
PROF SERVICES
LELS UNION DUES
42.60*
1,762.75
1,762.75*
451.18
451. 18*
385.88
385.87
771.75*
33.93
33.93*
6,751.84
6,751.84*
3,000.00
3,000.00*
2,583.08
2,583.08*
13,116.04
13,116.04*
850.00
850.00*
8,582.41
8,582.41*
3,668.74
3,668.74*
900.00
900.00*
13.81
13.81*
5,441.35
5,441.35*
76.58
76.58*
1,624.00
1,624.00*
80.00
80.00*
211.80
211.80*
172.25
172.25*
151.88
151.88*
13.73
19.45
39.80
403.39
237.27
16.51
588.54
86.67
1,405.36*
1,720.61
3,441.24
5,161.85*
148.50
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
COUNCIL REGISTER
VENDOR
<*>
LEONARD STREET & DENARD
<*>
LOCAL GVMT INFO SYSTEMS ASSN.
<*>
LYNN CARD COMPANY
<*>
MACQUEEN EQUIPMENT
<*>
MARSCHALL LINE INC
<*>
MAXIM TECHNOLOGIES INC
<*>
MCNAMARRA CONTRACTING INC
<*>
MEDICA
<*>
MIDWEST FENCE & MFG. COMPANY
<*>
MINNESOTA AFSCME COUNCIL #14
<*>
MINNESOTA RECREATION & PARK AS
<*>
MINNESOTA STATE TREASURER
<*>
MN CITY/COUNTY MGMT ASSN.
<*>
MN DEPT OF PUBLIC SAFETY
<*>
MN REAL ESTATE JOURNAL
<*>
MORE 4
<*>
MOTOR PARTS SERVICE CO INC
<*>
MVTL LABORATORIES INC
<*>
NAPA
<*>
28-MAY-1998 (11:00)
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
SEWER OPERATIONS USER FEES
BUILDING INSPECT
GEN ACCOUNTING
MIS
PAYROLL
PROF
PROF
PROF
PROF
SERVICES
SERVICES
SERVICES
SERVICES
FIRE SERVICES PRINT & PUBLISH
STREET MAINT EQUIP MAINT/RENT
Recreation prog OPER MAT & SUPPL
WATER UTILITY PROF SERVICES
STREET MAINT OPER MAT & SUPPL
GENERAL FUND MEDICAL INS
WATER UTILITY PROF SERVICES
GENERAL FUND AFSCME UNION DUE
RECREATION PROGR DUES & SUBSCRIP
SENIOR CITIZEN DUES & SUBSCRIP
GENERAL FUND
BUILDING PERMITS
ADMINISTRATION
DUES & SUBSCRIP
POLICE ADMIN
OPER MAT & SUPPL
HRA/ECONOMIC DEV PRINT & PUBLISH
ENGINEERING SERV OPER MAT & SUPPL
FIRE SERVICES OPER MAT & SUPPL
POLICE ADMIN OPER MAT & SUPPL
SOLID WASTE SPEC ACT SUPPL
Senior Center OPER MAT & SUPPL
BUILDING INSPCT
PATROL SERVICES
TRANSPORT COSTS
TRANSPORT COSTS
WATER UTILITY
PROF SERVICES
ENGINEERING SERV TRANSPORT COSTS
FIRE SERVICES EQUIP MAINT/RENT
FLEET MAINT SERV EQUIP MAINT/RENT
PARK MAINT TRANSPORT COSTS
PATROL SERVICES TRANSPORT COSTS
SEWER OPEATIONS TRANSPORT COSTS
SOLID WASTE TRANSPORT COSTS
STREET MAINT EQUIP MAINT/RENT
148.50*
70.29
70.29*
421.34
931.01
400.11
350.33
2,102.79*
92.83
92.83*
1,564.21
1,564.21*
135.50
135.50*
25.00
25.00*
601. 87
601. 87*
8,864.25
8,864.25*
6,710.00
6,710.00*
387.30
387.30*
375.00
33.00
408.00*
3,853.39
3,853.39*
70.00
70.00*
8.00
8.00*
455.00
455.00*
36.71
20.51
34.98
57.33
50.32
199.85*
2.29
262.40
264.69*
42.00
42.00*
10.04
22.26
11.17
281.59
39.04
5.52
6.47
73.37
449.46*
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
COUNCIL REGISTER
VENDOR
NELSON RADIO COMMUNICATIONS
<*>
NORTHERN STATES POWER COMPANY
<*>
NTFC CAPITAL CORPORATION
<*>
OVERHEAD DOOR CO. OF THE NORTH
<*>
P.S.E. LIGHTING DIVISION
<*>
PARKER APPLIANCE
<*>
PAULSON, JOEL L & KIMBERLY
<*>
PEOPLES NATURAL GAS
<*>
PETRASH, GARY
<*>
PHILLIPS WINE AND SPIRITS INC
<*>
PITT-DES MOINES INC.
<*>
PRESERVATION ALLIANCE OF MINNE
<*>
PUBLIC EMPLOYEES RETIREMENT AS
<*>
QUALITY WINE AND SPIRITS CO
<*>
RANDOLPH, GREG
<*>
RENNIX COPORATION
<*>
RICHARDS ASPHALT COMPANY
<*>
ROADRUNNER TRANSPORTATION INC
<*>
RUFFRIDGE JOHNSON EQUIPMENT CO
<*>
SAUBER PLUMBING & HEATING CO.
<*>
SAVOIE SUPPLY CO. INC.
<*>
28-MAY-1998 (11:00)
ACTIVITY
DESCRIPTION
FIRE SERVICES EQUIP MAINT/RENT
EMERG MGMT SERV EQUIP MAINT/RENT
ICE ARENA UTILITIES
SIGNAL MAINT UTILITIES
COMMUNICATIONS UTILITIES
BUILDING MAINT EQUIP MAINT/RENT
PATROL SERVICES OPER EQUIP PORCH
SEWER OPERATIONS USER FEES
SEWER OPERATIONS USER FEES
BUILDING MAINT UTILITIES
FIRE SERVICES UTILITIES
HRA/ECONOMIC DEV UTILITIES
ICE ARENA UTILITIES
IDEA SCHOOL UTILITIES
LIBRARY SERVICES UTILITIES
LIQUOR UTILITIES
SENIOR CITIZEN UTILITIES
SOLID WASTE UTILITIES
STREET MAINT UTILITIES
SWIMMING POOL UTILITIES
WATER UTILITY UTILITIES
SEWER OPERATIONS USER FEES
LIQUOR
MERCH FOR RESALE
RESERVOIR CONSTR CONSTRUCTION
BOARDS & COMM
SCHOOL & CONF
GENERAL FUND
PERA
LIQUOR
MERCH FOR RESALE
PARK IMPROVEMENT SPEC ACT SUPPL
PATROL SERVICES OPER EQUIP PORCH
STREET MAINT
OPER MAT & SUPPL
DEVLPR CAP PROJ PROF SERVICES
STREET MAINT
OPER MAT & SUPPL
LIBRARY SERVICES EQUIP MAINT/RENT
BUILDING MAINT
EQUIP MAINT/RENT
CHECK AMOUNT CK-SUBSYSTEM
695.87 OH
695.87*
6.28 OH
857.47 OH
3,059.30 OH
3,923.05*
422.91 OH
422.9~,0
241. 25 OH
241. 25*
1,496.70 OH
1,496.70*
~27.63 OH
127.63*
85.56 OH
85.56*
505.84 OH
H3.70 OH
48.53 OH
272.11 OH
158.20 OH
200.00 OH
74.08 OH
64.33 OH
37.40 OH
157.52 OH
7.46 OH
13.02 OH
1,732.19*
90.57 OH
90.57*
2,068.83 OH
2,068.83*
~27,080.08 OH
127,080.08*
50.00 OH
50.00*
10,728.92 OH
10,728.92*
935.73 OH
935.73*
300.00 OH
300.00*
1,993.83 OH
~,993.83,0
131.00 OH
131.00*
22.25 OH
22.25*
879.14 OH
879.14*
62.50 OH
62.50*
127.80 OH
127.80*
COUNCIL REGISTER
VENDOR
28-MAY-1998 (11:00)
---------------------------------------------------------------------------------------------------------------------
ACTIVITY
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
SCHMIDTKE FUELS INC
<*>
SKB ENVIRONMENTAL INC
<*>
SOUTH SUBURBAN MEDICAL
<*>
SPElKER, MARILYN
<*>
ST CROIX COUNTY
<*>
ST PAUL OFFICE EQUIPMENT REPAI
<*>
STARR AUTOMOTIVE
<*>
STATE CAPITOL CREDIT UNION
<*>
STREICHER'S
<*>
SUPERIOR PRODUCTS MFG. CO.
<*>
T C CONSTRUCTION
<*>
THORSON HOMES
<*>
TOLL GAS AND WELDING SUPPLY
<*>
TRANS ALARM INC
<*>
UNIQUE SOFTWARE CORPORATION
<*>
UNITED WAY FUND OF ST. PAUL AR
<*>
UNITOG RENTAL SERVICES
<*>
USA WASTE SERVICES INC
<*>
VAN BLARCOM, BENJAMIN J.
<*>
VERMILLION RIVER WATERSHED MAN
<*>
VETERAN'S ADMIN
<*>
VIDEO COMMUNICATIONS
<*>
VOLUNTEER FIREFIGHTERS' BENEFI
<*>
W W GRAINGER INC
<*>
WARNERS' STELL IAN
<*>
STREET MAINT TRANSPORT COSTS 34.51 OH
34.51*
SOLID WASTE PROF SERVICES 258.00 OH
258.00*
FIRE SERVICES PROF SERVICES 204.00 OH
PERSONNEL PROF SERVICES 50.00 OH
254.00*
BUILDING MAINT OPER MAT & SUPPL 23.83 OH
23.83*
GENERAL FUND CHILD SUPPORT 216.34 OH
216.34*
ADMINISTRATION EQUIP MAINT /RENT 534.00 OH
534.00*
PARK MAINT TRANSPORT COSTS 10.00 OH
10.00*
GENERAL FUND ST CREDIT UNION 2,104.16 OH
2,104.16*
PATROL SERVICES OPER MAT & SUPPL 107.46 OH
107.46*
LIQUOR MERCH FOR RESALE 140.85 OH
140.85*
ESCROW FUND ESCROWS PAYABLE 1,500.00 OH
1,500.00*
SEWER OPERATIONS USER FEES 50.93 OH
50.93*
SOLID WASTE PROF SERVICES 5.40 OH
5.40*
ENGINEERING SERV OPER MAT & SUPPL 26.54 OH
SEWER OPEATIONS PROF SERVICES 92.82 OH
WATER UTILITY PROF SERVICES 39.78 OH
159.14*
MIS OPER EQUIP PURCH 30.89 OH
30.89*
GENERAL FUND UNITED WAY 25.00 OH
25.00*
FLEET MAINT SERV OPER MAT & SUPPL 28.88 OH
SOLID WASTE OPER MAT & SUPPL 86.66 OH
STREET MAINT OPER MAT & SUPPL 173.32 OH
288.86*
SOLID WASTE PROF SERVICES 18,305.16 OH
18,305.16*
PARK MAINT OPER MAT & SUPPL 100.68 OH
100.68*
STORM WATER UTIL DUES & SUBSCRIP 3,110.00 OH
3,110.00*
SEWER OPERATIONS USER FEES 47.30 OH
47.30*
PARK MAINT EQUIP MAINT/RENT 325.42 OH
325.42*
FIRE SERVICES INSURANCES 160.00 OH
160.00*
LIQUOR BLDG IMPROVEMENT 695.83 OH
695.83*
FIRE SERVICES OPER MAT & SUPPL 308.85 OH
308.85*
COUNCIL REGISTER
VENDOR
ACTIVITY
SEWER OPERATIONS USER FEES
OPER MAT & SUPPL
WINDWOOD HOMES
<*>
ZARNOTH BRUSH WORKS INC
STREET MAINT
<*>
APPROVALS:
RISTOW
STRACHAN
GAMER
CORDES
FITCH
28-MAY-1998 (11:00)
DESCRIPTION
CHECK AMOUNT CK-SUBSYSTEM
50.83 OH
50.83*
487.50 OH
487.50*
404,452.62* <*>
~O--
TO:
Mayor, Councilmembers
City Administrator}J
Michael Schultz,
Associate Planner
FROM:
DATE:
June 1, 1998
RE:
Genstar Grading Conditional
Use Permit
INTRODUCTION
Genstar Land Company is seeking a conditional use permit for grading on the proposed
first phase of the Charleswood development.
DISCUSSION
Genstar is seeking the CUP to begin early rough grading work on their Charleswood
project which is located south of the Troyhills and Fairhills developments (see map). The
developer will be working within approximately 50 acres of the development property
and approximately 145,600 yards of common excavation and 64,000 yards of sub grade
excavation is expected on their property. A conditional use permit for grading is required
when more than 100 square feet of surface area or more than 1000 cubic yards of topsoil
will be graded within a calendar year as cited in Section 3 Chapter 22 of the City Code.
The Charleswood first phase preliminary plat was approved February 10th at the Planning
Commission and February 17th at the City Council. The final plat will go to the June 9th
Planning Commission and possibly to the June 15th City Council if no additional changes
are required.
After the Planning Commission closed the public hearing on May 12th, a motion was
made to recommend approval of the conditional use grading permit. The motion passed
with the Commission forwarding a recommendation to approve the grading CUP by a 4
to I vote subject to the following conditions (see memo dated 5/7/98 from the Director of
Public Works/City Engineer):
1. The issues identified in the grading review letter need to be addressed before a
permit can be issued.
2. All of the information required by the Excavation, Grading and Mineral
Extraction Info Sheet should be submitted prior to City Council approval of
the permit.
3. The permit shall not be valid until the required surety is posted and the
appropriate fees are paid.
Citl}. of FarminiJton 325 Oak Street. FarminfJton, MN 55024 · (612) 463-7111 · Falf (612) 463-2591
4. It is understood the Developer grades this project according to the submitted
grading plan at his own risk. Future review of utility construction plans could
result in revisions to the grading design.
The developer has fulfilled the above conditions set by the Planning Commission prior to
the June I st City Council meeting.
While the City Code provides for grading for new developments with approval of a
conditional use permit by the Planning Commission and City Council prior to final plat
approval, it is not a process that has been commonly utilized in the past. Staff is
currently evaluating the existing City Code language to determining if the process for
grading new subdivisions can be streamlined.
The developer understands the risk that the grading plans may change due to final
grading approval by the City Engineer and from any utility work that will need to be
completed on site. The City will require that a surety be provided from the developer in
the amount to properly restore the proposed area if the grading is not completed.
ACTION REOUESTED
Approval of the Genstar grading conditional use permit subject to City Engineer approval
and submittal of surety amount.
Michael Schultz
Associate Planner
TO:
City Planning Commission
Michael Schultz !1t f)
Associate Planner ..Jj-JJ<
FROM:
DATE:
May 12, 1998
RE:
Genstar Grading CUP
INTRODUCTION
Genstar Land Company is seeking a conditional use permit for grading on the proposed
first phase of their Charleswood development.
Plannin~ Department Review
Applicant:
Genstar Land Company
11000 West 78th Street, Suite 201
Eden Prairie, MN 55344
Referral Comments:
1. Lee Mann, Director of Public
Works/City Engineer
Attachments:
1. Section 3-22: Excavation Grading and
Mineral Extraction
2. Conditional Use Permit Application
3. Grading Application
4. Location Map
5. Proposed First Phase Site Plan
South of 195th Street W., south of the
Troyhill and Fairhills developments.
Location of Property:
Size of Grading Area:
Approximately 49.6 acres
Existing Zoning:
R-3 PUD
Grading Area Bounded By:
Single-family residential across 195th St. W.,
Agriculture
Comprehensive Plan:
Single-family residential
Current Land Use:
Agriculture and Natural Open Space
I
CitlJ. of FarminfJ.ton 325 Oak Street · FarminfJton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591
Backe:round Information:
The Charleswood PUD was approved at the Planning Commission on October 14, 1997
and at the City Council on November 3rd 1997. The first phase preliminary plat was
approved at the Planning Commission on February 10, 1998 and at the City Council on
February 17,1998.
Additional Comments:
Genstar Land Company is seeking the conditional use permit to begin grading the first
phase of the single-family portion of their Charleswood development, though the first
phase final plat has not yet been approved. Genstar is scheduling for either the May 26th
or June 9th Planning Commission for final plat approval, City Council approval would
occur at the earliest date following the meeting.
The EA W that was required for this development received a negative declaration at the
May 4th City Council meeting. The negative declaration by the regulating governing unit
(RGU) assumes that there will be no significant environmental impacts due to the
proposed development.
Though this process is has not been typical in the platting of residential development,
City Staff feels that with properly established agreements and/or sureties, the City will be
able to effectively protect the overall completion of the development.
Reauested Action:
Planning Staff recommends approval of the grading permit to be forwarded to the City
Council contingent upon the signing of a development contract and the following
Director of Public Works/City Engineer's conditions:
1. The issues identified in the grading review letter need to be addressed before a permit
can be issued.
2. All of the information required by the Excavation, Grading and Mineral Extraction
Info Sheet should be submitted prior to City Council approval of the permit.
3. The permit shall not be valid until the required surety is posted and the appropriate
fees are paid.
4. It is understood the Developer grades this project according to the submitted grading
plan at his own risk. Future review of utility construction plans could result in
revisions to the grading design.
TO: Lee Smick, Planning Coordinator
FROM: Lee M. Mann, P.E.,
Director of Public Works/City Engineer
SUBJECT: Charleswood Conditional Use Permit-
Grading.
DATE: May 7,1998
DISCUSSION /RECOMMENDATION
The engineering division has reviewed the proposed grading plan submitted by Genstar Land
Company for the first phase of Charleswood. There are several minor issues identified in the review
letter to the Developers Engineer. It is recommended from an engineering standpoint that the
Conditional Use Permit be approved with the following conditions:
1. The issues identified in the grading review letter need to be addressed before a permit can be
issued.
2. All of the information required by the Excavation, Grading and Mineral Extraction Info Sheet
should be submitted prior to City Council approval of the permit.
3. The permit shall not be valid until the required surety is posted and the appropriate fees are paid.
4. It is understood that the Developer grades this project according to the submitted grading plan at
his own risk. Future review of utility construction plans could result in revisions to the grading
design.
Respectfully submitted,
~Yn~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
I
Citl}. of Farmint}.ton 325 Oak Street · FarmintJton, MN 55024 · (612) 463-7111 · Fa/( (612) 463-2591
May 7, 1998
Mr. Dwight Jelle
Westwood Professional Services
7599 Anagram Drive
Eden Prairie, MN 55344
Re: Grading Plan Review, Charleswood
Dear Mr. Jelle:
The Engineering division has reviewed the grading plan for the above referenced project
for the purposes of making a recommendation for a grading permit. The grading permit
will be conditioned on the following comments being addressed:
1. A flat landing area with a maximum grade of 2% extending 50-feet to the west of the
curb line on Everest Path should be incorporated at the intersection of Eider Street
and Everest Path.
2. Incorporate a low point with catch basins where Egyptian Path and Everest Path
intersect County Road 64 to prevent runoff from the site from discharging onto the
County Road.
3. The erosion control plan will be further reviewed in the field and additional items
may be required by the City Engineer based on field conditions.
4. A plan outlining the re-vegetation of the site will need to be submitted before the
permit can be valid.
5. Storm sewer plan and profile sheets with the required calculations were not
submitted. The grading of the site based on this plan will be at the Developers risk.
Future review of utility plans may necessitate revisions to the grading.
Citl}. of FarminfJ-ton 325 Oak Street. FarminfJton, MN 55024 · (612) 463-7111 · Falr (612) 463-2591
Charles wood Grading Plan Review
May 7, 1998
Page 2 of2
If you have any questions or comments, please do not hesitate to call me at 463 -160 1.
Sincerely,
~m~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: Dave Olson, Community Development Director
Lee Smick, Planning Coordinator
Steve Juetten, Genstar Land Company
SENT BY:GENSTAR MIDWEST
5- 8-98
12:32
GENSTAR MIDWEST....
612 463 1611;# 2/ 2
CITY OF FARMINGTON
EXCA V A nON GRADING AND MINERAL
EXTRACl'ION APPLICATION
Date May 6, 1998
Type C.D.P. To OOlde Residential Property
No.
Name of Applicant Oenstar Land Company Midwest
Address l1QOO West 78t;b Street. Suite 201. Eden Prairie, Minnesota 55344
Ulcation of Operation S. of 195th Street. E. of Co. Rd. 31 and at the Everest Path Extension.
Name and Address of Land Owner The Astra Genstar Partnet'~hip. L.L.P.
Dimensions of area in which work will tAke place A\'Iproximately 1.800 feet by1.200 feet
Maximum depth of excavation Approx. 1 S feet
Maximum height of fill Approx. 10 feet.
Change in site elevations S~ submitted 2fadinl plan. Gr34es chanlline: to accomdate future residential
development.
Estimated quantity to be moved: No material is proposed to be broullht to the ~ite or removed from the site.
Approximately 145.600 yards of commun excavation and 64,000 yards of $ubvade excavation is eltpected.
Date operation wut start Earty lJlne 2. 1998 Dale operation wUI end Expected rou~b eradine is eXDected
to be complete by October 31. 1998.
Normal Days of operation Primarily Monday throullh Friday with some Saturdays
Hours MondllY Ibrou~ Friday - 7:00 a.m. to 7:00 p.m. If Samrd~ 8:00 to ~:OO p.m.
Does .ppHcant plan to:
I. Fence the operation? Erosion mntrol fen~ will be used )"here reQuired.
2. Post warning signs! No sieDS are .nticlp8t~.
3. Arrange tor proper drainage! Yes
4. Arrange lor noise suppression! No noise suppression is anticipated
5. Observe a buffer from boundary Dnes? BeqJlse this is a residential project. V.dine is
~ up to th~ boundary lin~.
,. Repair streets damage from operatlon? With 011 work on site, no dama(e is expected.
7. Furnish hetore and after wpos? Before topo and prooosed anel" tupo has b~ submitted. As
each individual house is completed. an o.~built survey will be provided by the builder oonftrmipl
IIpa. topos.
8. Furnish. bond to the City? If a bond or Ie(ler of credit is required one will be provided.
9. Furnish a Certificate of Insurance? The contractor will provide a Certiftaate 01 Insuranee
Fee; Based 00 achedule of fees under Resolution R
~ro~h .
: $
VaUd from
S--~..98
Date
~~
Signature of pJicant
Application (approved, denied) by the City Council t.hiR _ day of
Date
City Cler~
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TO:
Mayor and Councilmembers
City ~dministrato~
David L. Olson
Community Development Director
~b
FROM:
SUBJECT:
Conditional Use Permit Appeal /
South Suburban Medical Center
DATE:
June 1, 1998
INTRODUCTION
South Suburban Medical Center (SSMC) recently applied for an amendment to their
previously issued conditional use permit to allow the proposed public sidewalk to be
moved from the north side of the Elm Street extension to the south side of the street. The
Planning Commission denied this proposed amendment and SSMC is appealing this
decision.
DISCUSSION
Section 2-4-3 of the Farmington Code of Ordinances allows decisions of the Zoning
Board of Adjustment (Planning Commission) to be appealed to the City Council. SSMC
has filed an appeal of the May 12th decision of the Planning Commission which denied
the request to relocate the proposed public sidewalk along the new Elm Street extension
from the north to the south side of the street.
SSMC Board members stated in their attached letter that since they are bearing the cost of
the road extension of Elm Street and since they own land on both sides of the extension,
the sidewalk should be placed on the south side. They stated that placing the sidewalk on
the north side risks injury to pedestrians crossing the ambulance entrance, poses a snow
removal problem and may add additional costs.
Staff has recommended that the sidewalk remain on the north side of the street for the
reasons stated in my memo to the Planning Commission dated May 12, 1998, and City
Administrator Erar's memo to the City Council dated April 20, 1998.
BUDGET IMPACT
There is no budget impact to the City since SSMC has agreed to pay all of the costs
associated with construction of the street and sidewalk in the assessment agreement they
have previously entered into with the City.
Citl}. of FarminiJton 325 Oak Street · FarminfJton, MN 55024 · (612) 463-7111 · Fait' (612) 463-2591
ACTION REOUESTED
In order for a conditional use (or amendment) to be approved, it must meet the following
criteria as stated in the Zoning Code:
1. The proposed use conforms to the district permitted and conditional use provisions
and all general regulations of this Title.
2. The proposed use shall not involve any element or cause any conditions that may be
dangerous, injurious or noxious to any other property or persons and shall comply
with the performance standards listed below.
3. The proposed use shall be sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is
consistent with the environment of the neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion in the neighborhood.
6. The proposed use shall preserve the objectives of this Title and shall be consistent
with the Comprehensive Plan.
The Council may affIrm or overturn the decision of the Board of Adjustment (planning
Commission) with a 4/5 vote.
Respectfully submitted,
David L. Olson
Community Development Director
cc: Lee Larson, CEO, SSMC
SOUTH
SUBURBAN
MEDICAL
CENTER
D~~~D~~n
-\ MAY 15 1998 U
l.::;I
May 13, 1998
Mr. Dave Olson - Community Development Director
City of Farmington
325 Oak Street
Farmington, MN 55024
Dear Dave,
As a result of the Planning Commission's Meeting on May 12, 1998, and
their decision not to amend the previously approved Conditional Use Permit
to move the sidewalk to the South side of Elm Street, I am appealing their
decision.
The SSMC Board Members and myself feel that since South Suburban
Medical Center is bearing the cost for the road extension of Elm Street and
we own parcels of land on both sides of that extension, that the sidewalk
should be placed on the South side of the street. As you are aware, from
our perspective, placing the sidewalk on the North side risks injury to
pedestrians crossing the ambulance entrance, poses a snow removal
problem and may add additional costs.
If you have any further questions, please contact me at 460-1138.
Sincerely,
~~
Lee Larson
Chief Executive Officer
CC: Ralph Nordine
Dan Nicolai
A Member Organization of the Benedictine Health System
3410 213th Street West Farmington, Minnesota 55024-1197 phone (612) 463-7825 fax (612) 463-4941
AN EaUAL OPPORTUNITY EMPLOYER
TO:
City Planning Commission
David L. Olson ~
Community Development Director
.
FROM:
DATE: May 12, 1998
RE: Amend SSMC Conditional Use
Permit! Relocate Sidewalk
Applicant! Address: South Suburban Medical Center (SSMC)
3410 213th Street West
Legal: See attached
Zoning:
R-I Single-family residential
Request:
SSMC is seeking an amendment to the
conditional use permit that was approved in
May of 1997 for the Clinic Expansion. This
amendment proposes to relocate the
sidewalk from the North to the South Side of
the Elm Street
Staff Review
Several Board members of SSMC addressed the City Council at their April 20th meeting
and expressed concerns regarding the originally approved location of the sidewalk on the
north side of Elm Street. The reasons for their concerns are addressed in the attached
memo dated April 20, 1998 from John Erar, City Administrator and are as follows:
. Mr. Nicolai, as the property owner, would be responsible for snow removal on
the sidewalk;
. Storage of snow on the boulevard would be problematic;
. Ambulances entering and existing SSMC parking areas would pose a hazard
to pedestrians;
. Their belief that the cost of running the sidewalk on the north side would be
higher than placing it on the south side of Elm Street.
CitlJ. of FarminiJton 325 Oak Street · FarminfJton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591
City staff's recommendation is that the sidewalk should remain on the north side of Elm
Street for the reasons stated in Mr. Erar's April 20th memo to the City Council and also
for the reasons stated by Lee Mann, City Engineer in his comments to the City Council.
These comments are included in the April 20th City Council minutes which are as
follows:
. Placing the sidewalk on the south side would introduce at least two to three
additional pedestrian crossings along Elm Street. This includes forcing
pedestrians to cross the frontage road and/or having to cross Elm Street at
other undesignated crossings either on the curve of the street or at other points
to access hospital property.
. Placing the sidewalk on the north side of the property, on the other hand,
would provide for a continuous pedestrian link between the East Farmington
subdivision and the downtown area. It would also eliminate the need for any
pedestrians to cross Elm Street at any point along the curve to access hospital
property or to the downtown area.
. Curb already installed along the north side of Elm Street is already designed
for handicapped persons in wheel chairs. Without a sidewalk on the north
side, disabled persons would have to cross Elm Street mid-block along the
curve, that as a collector will be heavily traveled, exposing handicapped
persons to additional safety risks.
. When additional facilities are constructed on SSMC property in the future, the
lack of a sidewalk on the north side would force both employees and patients
to walk on the street along the north side or to cross over to the sidewalk on
the south side and then back over to the north side.
. In terms of ambulances entering and exiting the private driveways, it is a far
safer scenario to have pedestrians stay on the northerly sidewalk to walk
across SSMC private driveway entrances. This, in turn, would avoid forcing
pedestrians to cross Elm Street from the south side to the north side with
ambulances driving back and forth on Elm Street.
. All private property owners are required to shovel snow along public
sidewalks. It was discussed with SSMC that they may wish to offer the
property owner some type of arrangement to assist him in keeping the
sidewalk clear. Further, as the sidewalk will be on public right-of-way,
private property owners have no exposure with respect to someone tripping or
falling on the sidewalk.
. Snow storage on the boulevard would be no less or greater a problem than if
the sidewalk were on the south side.
. Placing the sidewalk on the south side would necessitate having to redesign
the project plans adding additional cost and delay to project completion which
is scheduled to be completed within the next two weeks.
After discussion at the City Council, it was the consensus to refer this matter back to the
Planning Commission which is the body that approved the original Conditional Use
Permit. The majority of the Council did indicate that they were in favor the relocating the
sidewalk to the south side of the street.
Staff Recommendation
While staff recognizes and respects the opinions of SSMC and also acknowledge the
position of the City Council on this matter, it is still the position of staff that sidewalk
should remain on the north side of Elm Street for the reasons stated and thus we would
recommend against the amending the Conditional Use Permit for SSMC.
cc: Lee Johnson, CEO, SSMC
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TO: Mayor and Councilmembers
FROM: John F. Erar, City Administrator
SUBJECT: South Suburban Medical Center -
Sidewalk Installation
DATE: April 20, 1998
INTRODUCTION
The SSMC Board bas raised concerns over the installation of a sidewalk on the northerly side of
the Elm Street Extension. Staff bas reviewed their respective project concerns, and met with Mr.
Lee Larson, SSMC Chief Executive Officer, Dr. Ralph Nordeen, SSMC Chair and Mr. Mark
Nicolai, a resident abutting the SSMC property to discuss these issues.
DISCUSSION
On Wednesday, April IS, 1998 and Thursday, April 16, 1998, staff met with SSMC officials to
discuss issues of concern relative to the installation of the sidewalk on the north side of the Elm
Street . Extension. SSMC officials and Mr. Mark Nicolai brought forward several issues and
concerns.
SSMe Sidewalk Placement Issues
Regarding their position that the sidewalk: should be installed on the south side versus the north
side of Elm Street, the following points were presented to City staff.
~ Mr. Nicolai, as the property owner, would be responsible for snow removal on the
sidewalk;
~ Storage of snow on the boulevard would be problematic;
~ Ambulances entering and exiting SSMC parking areas would pose a hazard to
pedestrians;
~ Their belief that cost of running a sidewalk on the north side would be higher than
placing it on the south side of Elm Street.
Project Process Background
It should be noted that a Conditional Use Permit was approved by the Planning Commiqion on
May 13, 1997, with the SSMC Executive Director agreeing to the plan requirements. Plans and
Specification were approved by Council on June 16, 1997, with construction begjnning on
October 7, 1997. Pursuant to the City Code, a sidewalk is required to be installed along one side
of a collector street.
CitIJ of FarminiJton 325 Oliff Strut · FllrminfJton, MN 55024 · (672) 463-77 77 · F. (612) 663-2591
Mayor and Council Members
SSMC - Sidewalk Installation
Page 2 of3
In this case, a thorough review of the project by the Development Committee in April 1997
suggested that a sidewalk should be installed on the north side of Elm Street to facilitate a
_ number of concerns associated with site plan design, pedestrian safety and future facilities
planning.
SSMC Director Johnson was contacted by staff on numerous occasions regarding project
requirements, specifically the requirements for a sidewalk on the north side of Elm Street which
are clearly marked on project plans. City engineering staff also offered to contact affected
residents regarding project requirements, but were told that SSMC would facilitate discussions
with abutting property owners.
Response to SSMC Concerns
In review of recently stated SSMC concerns, the conditional use permit and constmction plans
for the Elm Street Extension project have been reviewed again by staff from the Engineering and
plannil1g Divisions and Police Chief Siebenaler. It was the consensus of departmental staff that
the placement of the sidewalk on the north side of Elm Street was of significant importance for
the reasons stated below. In addition, these same points were discussed with SSMC officials and
Mr. Mark Nicolai on Thursday, April 16, 1998 on the site.
The supporting rationale for placing a sidewalk on the north side as opposed to the south side of
Elm Street is as follows:
> Placing the sidewalk on the south side would introduce at least two to three additional
pedestrian crossings along Elm Street. This includes forcing pedestrians to cross the
frontage road and/or having to cross Elm Street at other undesig11Ated crossings either
on the curve of the street or at other points to access hospital property.
> Placing the sidewalk on the north side of the property, on the other hand, would
provide for a continuous pedestrian link between the East Farmington subdivision and
the downtown area. It would also eliminAte the need for any pedestrians to cross Elm
Street at any point along the curve to access hospital property or to the downtown
area.
> Curb already installed along the north side of Elm Street is already designed for
handicapped persons in wheel chairs. Without a side walk on the north side, disabled
persons would have to cross Elm Street mid-block along the curve, that as a collector
will be heavily traveled, exposing handicapped pedestrians to additional safety risks.
> When additional facilities are constructed on SSMC property in the future, the lack of
a sidewalk on the north side would force both employees and patients to walk on the
street along the north side curb or to cross over to the sidewalk on the south side and
then back over to the north side.
> In tenns of ambulances entering and exiting the private driveways, it is a far safer
scenario to have pedestrians stay on the northerly sidewalk to walk across SSMC
private driveway entrances. This, in turn, would avoid forcing pedestrians to cross
Elm Street from the south side to the north side with ambulances driving back and
forth on Elm Street.
Mayor and Council Members
SSMC - Sidewalk Installation
Page 3 of3
>> All private property owners are required to shovel snow along public sidewalks. It
was discussed with SSMC that they may wish to offer the property owner some type
of arrangement to assist him in keeping the sidewalk clear. Further, as the sidewalk
will be on public right-of-way, private property owners have no exposure with respect
to someone tripping or falling on the sidewalk.
>> Snow storage on the boulevard would be no less or greater a problem than if the
sidewalk were on the south side.
>> Placing the sidewalk on the south side would necessitate having to redesign the
project plans adding additional cost and delay to project completion which is
scheduled to be completed within the next two weeks.
Conclusion to Project Issues Raised by SSMC
While staff is genuinely appreciative and respectful of concerns expressed by SSMC, it is the
consensus of staff that placement of the sidewalk on the north side of Elm Street is a logical and
well-reasoned design standard. Further, there are concerns that eliminUing the sidewalk on the
north side of Elm Street could expose the City to potential legal liability for failing to take
appropriate public safety issues into consideration.
As the Conditional Use Permit was approved by the Planning Comrui$Sion, it is the City
Attorney's opinion that the Conditional Use Permit would have to be brought back to the
Planning Commission for modifying action. In addition, the contractor would need to stop any
additional work in the right-of-way until any alternate design is approved delaying potentially
any further project work. It should be noted that the Planning Commission could still deny
SSMC's request altogether based on the original public safety considerations.
BUDGET IMPACT
As this public improvement was petitioned for by SSMC, any costs associated with this project
will be 100 percent assessed against SSMC.
ACTION REOUESTED
Council review and discussion of SSMC issues relative to the installation of sidewalk on the
northerly side of Elm Street. If the requirements of the Conditional Use Permit are to be
modified then the action would be to return the Conditional Use Permit to the Planning
Commission for action.
2-4-3
2-4-3
2-4-3: APPEALS TO CITY COUNCIL: A party may appeal a
decision of the Zoning Board of Adjustment when issues of
fact, procedure or other finding made by the Board are in dispute. Appeals
must be filed with the City within ten (10) days of the final decision of the
Board of Adjustment.
Building permits shall not be issued after an appeal has been filed with the
Planning Department. If permits have been issued before an appeal has
been filed, then the permits are suspended and construction and/or usage
shall cease until the City Council has made a final determination of the
appeal.
The City Council shall conduct a hearing within sixty (60) days after the
receipt by City staff of the appeal from an action by the Board of
Adjustment. As provided in subsection 10-8-6(0) of this Code, notice of the
hearing shall be mailed to property owners adjacent to the subject property
disregarding public rights of way. Any person may appear and testify at the
hearing either in person or by duly authorized agent or attorney.
A fee to be established by resolution of the City Council shall be paid by the
appellant at the time the notice of appeal is filed. (Ord. 097-393, 4-7-1997)
398
City of Farmington
1 0-8-6
1 0-8-7
1. Literal enforcement of this Title would result in undue hardship
with respect to the property.
2. Such unnecessary hardship results because of circumstances
unique to the property.
3. The hardship is caused by provisions of this Title and is not the
result of actions of persons presently having an interest in the
property.
4. The variance observes the spirit and intent of this Title, produces
substantial justice and is not contrary to the public interest.
5. The variance does not permit a lower degree of flood protection
than the flood protection elevation for the particular area or permit
standards lower than required by State law. (Ord. 086-177,
3-17-1986)
(0) Upon appeal of a decision by the Board of Adjustment, the Zoning
Officer shall set a public hearing, transmit the application directly to
the City Council, and mail a notice to the Board of Adjustment and
property owners adjacent to the subject property disregarding public
rights of way. The City Council shall, within sixty (60) days of the
public hearing, decide to affirm or overturn the decision of the Board
of Adjustment with a four-fifths (4/5) vote of the City Council. (Ord.
097-393,4-7-1997)
10-8-7: SPECIAL EXCEPTIONS: The Board of Adjustment may
authorize a permit to move structures into or within the City in
accordance with the criteria and provisions listed herein: (Ord. 086-177,
3-17-1986)
(A) Applications will be filed with the Zoning Officer who shall set a
public hearing, transmit the application directly to the Board of
Adjustment and mail a notice to property owners adjacent to the
subject property, disregarding public rights of way. Failure of such
owners to receive notice shall not invalidate the proceedings. The
application shall consist of:
1. An application fee in an amount equal to that set by the City
Council.
2. Six (6) copies of a site plan and supporting data which show the
size, proposed location of the structure and topography of the site.
398
City of Farmington
TO:
Mayor, Councilmembers, City
Administrator f'1L
FROM: Lee M. Mann, P.E.,
Director of Public Works/City Engineer
II ~
SUBJECT: Second Street Parking Lot - Plans and
Specifications
DATE: June 1, 1998
INTRODUCTION
The plans and specifications have been prepared for the above referenced project.
DISCUSSION
At the February 17th Council meeting, the Council accepted the feasibility report and authorized the
preparation of plans and specifications for the Second Street Parking Lot.
The parking lot has been designed utilizing a strip of the adjacent railroad easement. The railroad
has indicated their willingness to grant the City an easement for the parking lot. Several issues
regarding the easement are still being worked out between staff and the railroad and will be resolved
prior to award of the project.
BUDGET IMPACT
The estimated project cost presented in the feasibility report was $261,000. An updated cost
estimate will be provided at the meeting. Three funding sources are proposed for the project. The
cost of the storm sewer would be funded through the Storm Water Fund. The funding for the
parking lot improvements would be split equally between the Road and Bridge Fund and the HRA
Special Revenue Fund.
ACTION REOUESTED
Adopt the attached resolution approving the plans and specifications and authorizing the
advertisement for bids for the Second Street Parking Lot Project.
Respectfully submitted,
~m~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
cc: file
I
Citl}. of FarminiJton 325 Oak Street · FarminfJton, MN 55024 · (612) 463-7111 · Falf (612) 463-2591
Proposed RESOLUTION NO. R -98
APPROVE PLANS & SPECIFICATIONS
AND AUTHORIZE ADVERTISEMENT FOR BIDS
PROJECT 98-01, 2nd St. Parking Lot
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,
Minnesota, was held in the Civic Center of said City on the 1 sl day of June, 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. RI5-98, the City Engineer has prepared plans and
specifications for the following proposed improvement:
Proi. No.
98-01
Description
Off street parking lot in downtown area
Location
Between Oak and Elm Street on the west side of Second
Street
; and
WHEREAS, such plans and specifications are now before the Council for its consideration.
WHEREAS, it is proposed to fund all or a portion of the cost of the improvement by using Road and
Bridge Funds, HRA special revenue funds and storm sewer funds.
NOW THEREFORE, BE IT RESOLVED that:
1. Said plans and specifications are hereby approved.
2. The Clerk shall cause to be inserted in the Farmington Independent and Construction Bulletin and
advertisement for bids for such project and that bids shall be received by the City until 10:00
A.M. on July 2, 1998 at which time they will be read aloud and considered by the Council at its
July 6, 1998 meeting and that no bid shall be considered unless accompanied by a bid bond,
certified check or cash deposit equal to at least 5% of the amount of the bid.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 1 sl day of
June, 1998.
Mayor
Attested to the
day of
, 1998.
SEAL
Clerk/Admninistrator
-
!Ih
TO: Mayor & Council members
City Administrator~
FROM: Robin Roland
Finance Director
SUBJECT: 1997 Comprehensive Annual
Financial Statement
DATE: June 1, 1998
INTRODUCTION
The independent audit of the December 31, 1997 financial records was completed on March 18,
1998. Subsequently, the Comprehensive Annual Financial Report has been issued and the City's
auditors, Kern, DeWenter, Viere, Ltd. have issued their opinion on that report. In addition, they
have provided a Management Report on the City of Farmington for year end 1997. Both
documents are included with this memo.
DISCUSSION
On March 2,1998, I presented a preliminary review of the City's General Fund for 12/31/97. At
that time, I indicated an increase to the fund balance of $64,603. Final audited numbers indicate
an increase of $66,043; bringing the fund balance total to $464,481. As noted in the auditor's
management letter, this represents 13% of the annual expenditures of the City and a target of
30% to 45% of annual expenditures is preferable.
In 1997, actual General Fund revenues exceeded budgeted revenues by $17,484 and actual
expenditures were $43,403 less than budgeted.
The Water Utility, Sewer Operations, Solid Waste and Liquor Funds all showed increases to their
1997 retained earnings. Due to a prior period adjustment to correct an accounting requirement,
the financial statements show reductions to the beginning retained earnings in the Liquor, Solid
Waste and Arena funds. This adjustment is simply an acknowledgment in these funds of an
obligation to pay accrued sick, vacation and comp time to employees of those funds upon their
departure from the City. The auditor's management comments address the "Compensated
Absences" issue for all City funds.
Arena Operations will be addressed in a separate item on this Council agenda.
ACTION REQUIRED
For information only. Dave Hinnekamp from Kern, DeWenter, Viere will be present at the meeting
to participate in the presentation and answer any questions Council may have.
)?g/ff/J
. Robin Roland
Finance Director
CitlJ of Farmin9ton 325 Oak Street · Farmintjton, MN 5502~ · (612) ~63. 7111 · Fa~ (612) ~63-2591
I;I t
TO: Mayor and Councilmembers,
City Administrator~
FROM: James Bell, Parks and Recreation
Director
Robin Roland, Finance Director
SUBJECT: Ice Arena Financial Review
DATE: June 1, 1998
INTRODUCTION
The 1997 Ice Arena financial review has been completed. In review of the 1997
Financial Audit, Ice Arena revenues have been analyzed to determine the exact nature of
the financial shortfalls. Staff has also reviewed the expenditures and revenue sources to
determine how the budget may be improved for 1998.
DISCUSSION
To analyze the operations at the Ice Arena, staff studied user revenues by function and
category. An overview of this breakdown for the past three years is attached. Analysis of
revenues by category are as follows:
Game Admissions - High School game revenue
. Attendance has remained stable for the past 3-4 years after a steady decline since
facility opening in 1976.
. Revenues in this category have increased because the girl's program has resulted in an
increase in the number of games.
. The high school practice ice rentals decrease as games increase. The City is
guaranteed a minimum of ice time plus labor for high school games.
Merchandise Sales - Sticks, tape, laces
. Sales have been decreasing.
. The largest sale item is tape. The High School is now buying tape for the players and
this has affected sales.
. Local merchandise sales competition has increased over the years.
. Sticks have never been a large sale item due to the large inventory of different brands,
therefore a moderate supply of sticks is available for convenience only.
Citl}. of Farmint}.ton 325 Oak Street · Farmintjton, MN 5502~ · (612) ~63-7111 · Falf (612) 463-2591
Skate Sharpening
· Local competition has increased and as a result our revenue in this area has
diminished. Staff has discussed this with the main local competitor and they indicate
that after the fIrst year their revenues have also been decreasing.
. Youth Hockey has been promoting Westwood Skate for their players skate
sharpening needs because this company is a major sponsor of the youth program..
Vending Commissions - Revenue from candy, coffee and soft drink sales.
. Steady increase in revenues.
. Selections have improved over the years.
Advertisement
. Only sold the space on the ice resurfacer until this past season when wall space was
sold.
. The City entered into a contract with a private fIrm (who also handles Eagan and
Rosemount) to sell ads on the arena walls. This has not gone as well as expected.
Local business owners have indicated to staff that the $500/year fee is too high.
Instructions - Learn to skate program
. Revenue has been steady.
. Revenues should increase as the City population increases.
Concessions - Revenue from the concession stand.
. Primarily open during High School games and tournaments.
. Youth Hockey operates the stand with the City receiving 20% of the gross revenues.
. Sales have gone down in relation to the decrease in crowd attendance.
Open Skating
. Revenues have remained constant, even with rates increasing over the last several
years.
Summer Rentals
. Revenues from the dog, cat and gun shows. 1998 is the fIrst year for hosting these
three shows.
Ice Show
This revenue has been separated from instruction over the past two years to enable staff to
evaluate the impact of show fInances, over total revenues.
Ice Rentals - Hourly ice rentals, both contracted and individual hours.
. Hourly rates have been increasing and are similar to other Cities. (See attached rate
sheet).
. Total hours sold have been decreasing (See attached analysis). The area has seen an
increase of available ice time over the past 3-5 years. Eight new sheets have been
added in Dakota County, New Prague and Prior Lake. As this additional ice becomes
available, users are able to pick and choose hours. In 1997, the City had hours
available that had been sold in other years.
. As the City population grows and the local youth program grows (with both boys and
girls), it is anticipated the demand for ice should increase again.
BUDGET IMPACT
A comparison of 1997 actual expenses to budgeted expenses for the Arena indicates that
staffhas an excellent understanding of the costs involved in running the facility, actually
being under budget by $5,376. If depreciation expense is not considered, the operation
essentially "broke even". However, enterprise funds are run like "business" and the costs
of declining equipment value (depreciation) must be included to get a true picture of the
operation. In addition, no funds are set aside for future equipment replacement.
The main problem is revenue. Actual ice rental revenue fell $39,000 short of budgeted
ice rental revenue. This amounts to the entire operating loss and results as well in a cash
flow problem, with the fund's cash in a deficit position. Aggressive marketing of all
possible ice time and more timely collection of receivables may improve the cash and
revenue problem.
Historically, ice arena operations show operating losses in almost every city that has a
facility. Cities use various funding scenarios to cover facility losses. Some communities,
like Apple Valley, use a tax levy to support the bonds issued to build the facility and the
operation. Other cities use a transfer from the general fund to further support arena
operations. Currently, the City of Farmington funds the debt service on the Fire/Arena
Refunding Bonds of 1992 through its debt levy. Transfers from the General Fund were
made in 1994 and 1995 to bolster the Arena Operations. Due to the limited resources
available from the General Fund, transfers in 1996 and 1997 were not budgeted or made.
RECOMMENDATION
Staffhas considered the 1997 revenue problem and will adjust 1998 revenue projections
accordingly. Further possible actions for improving Arena operations are as follows:
. Ice time fees will increase by $5/hour on July 1, 1998.
. Improve the vending by going to plastic bottles or cans. Currently the City has a
mixed system, which is better for maintenance but has less revenue potential. Other
arenas are going to these types of containers.
. Improved amusements (video games etc.)
. Work closely with Youth Hockey to maintain and expand their use of our facilities
resulting in a consistent revenue base.
. Explore the possibility of purchasing rental skates for open skating sessions. This
would incur an initial expense, but could increase revenues.
. Turn the heat down or off in the building during non-game hours.
. The energy saving devices that the City is installing this year will decrease energy
bills when the NSP loan is paid off.
. Explore potential Mighty Ducks dollars which the Minnesota Amateur Sports
Commission may allocate to existing arenas to offset operation losses.
Respectfully submitted,
~.-- ~
James Bell
Parks and Recreation Director
it~
Finance Director
Cash Receipts 1995 - 1997
Funding Source 1995 1996 1997
Game Admissions $ 13,329.00 $ 14,784.00 $ 22,631.00
Ice Rentals $ 114,511.00 $ 127,836.00 $ 118,243.00
Merchandise Sales $ 1,982.00 $ 1,570.00 $ 1,388.00
Skate Sharpening $ 4,051.00 $ 3,188.00 $ 2,772.00
Vending Commissions $ 3,845.00 $ 4,392.00 $ 5,303.00
Advertising $ 500.00 $ 550.00
Instructions * $ 11,452.00 $ 9,045.00 $ 8,705.00
Concessions $ 1,672.00 $ 1,895.00 $ 152.00
Open Skating $ 3,580.00 $ 3,001.00 $ 3,218.00
Summer Programs $ 850.00 $ 275.00 $ 875.00
Ice Show $ 3,555.00 $ 3,429.00
Total $ 155,772.00 $ 169,541.00 $ 167,266.00
Fees
Ice Time
Open Skating
Open Patch
Lessons
Skate Show
1997
$115/hr
$21session
$3/session
$50
$50
1998
$120/hr
$21session
$3/session
$50
$50
Contracted Ice Hours 1996 - 1998
Contract Holder 1996 1997 1998
FHS - Games 62 112 96
FHS - Practice 170 203 205
Farmington Youth Hockey 547 765 733
Figure Skating Club 92 94 90
Total Hockey School 35 39 34
Senior Men 34 32 35
Apple Valley Youth Hockey 59 10
Benson - Vermillion 16 15 12
Southern Classic 8
Rosemount Youth Hockey 51 37
Eagan Youth Hockey 38 9
Cannon Falls Youth Hockey 32
Lakeville Youth Hockey 54
Litke - Inver Grove 25
Apple Valley HS 13
Rosemount HS 3
Bumsville Midgets 2
Total 1233 1314 1215
nASTlNGS CIVIC ARENA 08110187 1
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1115.00 OeM Mu.llo
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1115.00 ~ Bell
1125.00 Tom ~
$130.00 Dan 8enIon
185.00 Tom R.....
$85.00 0.. Lynch
'110.00 ... Brownq
$110.00 FNd fI)eger
1130.00 Tom Murphy
. Ron 8taIm8ker
$120.00 Rich R81cn...
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CITY OF FARMINGTON.
REVENUE & EXPENDITURE ANALYSIS
ARENA FUND
1997 1997 Over (under)
Budaet Actual Budaet
REVENUE:
Admissions $ 13,000 $ 18,805 $ 5,805
Open Skating 3,000 3,225 225
Ice Rental 158,950 119,551 (39,399)
Merchandise Sales 2,200 1,419 (781 )
Skate Sharpening 4,000 2,672 (1,328)
Advertising 600 507 (93)
Instruction 10,500 8,670 (1,830)
Concessions & Vending 9,500 6,956 (2,544)
Skate Show 3,500 3,427 (73)
Summer Activities 1,000 875 (125)
Total Revenues 206,250 166,107 (40,143)
EXPENSES:
Personal Services 87,567 83,423 (4,144)
Other services & charges 73,689 74,301 612
Supplies 8,125 6,486 (1,639)
Depreciation (net) 13,360 12,956 (404)
Total Expenses 182,741 177,166 (5,575)
Operating Income (loss) 23,509 (11,059) (34,568)
OTHER FINANCING SOURCES (USES)
Transfers out (9,667) (9,468) 199
Total other sources (uses) (9,667) (9,468) 199
Net Increase (decrease) to
retained earnings $ 13,842 $ (20,527) $ (34,369)
I J-J
TO:
Mayor, Councilmembers and
City Administrator
FROM:
Daniel M. Siebenaler
Chief of Police
SUBJECT:
Dangerous Dog Registration
DATE:
June I, 1998
INTRODUCTION I DISCUSSION
The City of Farmington adopted its Dangerous Dog Ordinance in 1988 as a pro-active approach to a
developing problem. Since that time the City of Farmington has been enforcing its ordinance. In 1989 the
State of Minnesota enacted Minnesota Statute 347.50 requiring the registration of Dangerous Dogs by the
County.
During the 1998 Legislative session Dakota County was removed from the requirement to register
Dangerous Dogs and that responsibility was passed to the local municipalities.
The City Attorney has drafted an amendment to Farmington City Code 6-2-8 that updates the current
ordinance to comply with the new State Statute. The amendment and memo of explanation are attached
for City Council action.
BUDGET IMPACT
All costs associated with Dangerous Dog registration are paid by the owner of the dog. Since the City of
Farmington has done this registration since 1988,there are no new costs to the City.
ACTION REOUESTED
Adopt the Amendment to Farmington City Code 6-2-8 as presented by the City Attorney.
Respectfully submitted,
Daniel M. Siebenaler
Chief of Police
I
Citl}. of FarminiJton 325 Oak Street · FarminfJton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591
TO:
Mayor and Councilmembers and
John F. Erar, City Administrato~
Andrea McDowell Poehler
Assistant City Attorney
. FROM:
RE:
Dangerous Dog Registration Ordinance
DATE:
May 12, 1998
Introduction
In March 1998, the Legislature adopted a new law that transfers the responsibility for
administration of the dangerous dog registration system from Dakota County to the
cities in Dakota County. See 1998 Minn. Laws Ch. 277, sec. 1. A copy of the
Special Legislation is attached for your reference. The new law takes effect upon
Dakota County's filing of the Certificate of Approval with the Secretary of State's
office. The attached Ordinance Concerning Dangerous Dog Registration is submitted
for review and adoption by the City.
Ordinance Summary
The new Ordinance defines the terms "dangerous dog" and "potentially dangerous
dog." Registration of dangerous dogs with the City is required and a certificate of
registration is provided by the City if the owner provides sufficient evidence that he or
she has a proper enclosure for the dog (with appropriate warning symbols) and
possesses a $50,000.00 surety bond or liability insurance policy. Payment of a
registration fee set by City Council is also required.
. The new Ordinance provides that the owners of dangerous dogs must have dogs tags
and must comply with strict requirements concerning indoor and outdoor confinement
of the dog.
The new Ordinance provides for impoundment of a dangerous dog upon certain
violations of the Ordinance. An owner may reclaim a dog impounded under the new
Ordinance by paying all necessary fees related to the impoundment and providing
evidence that the owner is currently in compliance with the Ordinance. The City may
dispose of a dangerous dog which is unclaimed after seven days and by court order
after a conviction of the dog owner for subsequent misdemeanor violations of the
statutory requirements relating to dangerous dogs provided under Minn. Stat. ~~
347.51-.52.
-1-
CitlJ of Farmington 325 Oak Street. FarmingtonJ MN 55024 · (672) 463-77 7 7 · Fax (672) 463-2597
Recommendation
I recommend adoption of the Ordinance Amending Title 6, Chapter 2, of the
Farmington City Code Concerning the Registration of Dangerous Dogs.
Respectfully submitted,
CAMPBELL KNUTSON
Professional Association
By:
Andrea McDowell Poehler
Assistant City Attorney
62629
-2-
ORDINANCE NO.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 6, CHAPTER 2
OF THE FARMINGTON CITY CODE CONCERNING
THE REGISTRATION OF DANGEROUS DOGS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 6-2-8 of the Farmington City code is amended in its entirety
to read:
(A) Definitions.
1. Dangerous dog.
a. "Dangerous dog" means any dog that has:
i) without provocation, inflicted substantial bodily harm on a
human being on public or private property;
ii) killed a domestic animal without provocation while off the
owner's property; or
iii) been found to be potentially dangerous, and after the owner
has notice that the dog is potentially dangerous, the dog aggressively
bites, attacks, or endangers the safety of humans or domestic
animals.
b. A dog shall not be declared a "dangerous dog" if the threat, injury,
or damage was sustained by a person:
i) who was committing, at the time, a willful trespass or other
tort upon the premises occupied by the owner of the dog;
ii) who was provoking, tormenting, abusing, or assaulting the
dog or who can be shown to have repeatedly, in the past, provoked,
tormented, abused, or assaulted the dog; or
61729
iii) who was committing or attempting to commit a crime.
2. "Potentially dangerous dog" means any dog that:
a. when unprovoked, inflicts bites on a human or domestic animal on
public or private property;
b. when unprovoked, chases or approaches a person, including a person
on a bicycle, upon the streets, sidewalks, or any public or private property,
other than the dog owner's property, in an apparent attitude of attack; or
c. has a known propensity, tendency, ro disposition to attack
unprovoked, causing injury or otherwise threatening the safety of huimans
or domestic animals.
(B) Re~stration Required. All dangerous dogs must be registered with the City. The
City shall issue a certificate of registration to the owner of a dangerous dog if the
owner presents sufficient evidence that:
1. a proper enclosure exists for the dangerous dog as required under this
Section and a posting on the premises with a clearly visible warning sign
as required under this Section, including a warning symbol to inform
children, that there is a dangerous dog on the property; and
2. a surety bond issued by a surety company authorized to conduct business
in this state in a form acceptable to the City in the sum of at least $50,000,
payable to any person injured by the dangerous dog, or a policy of liability
insurance issued by an insurance company authorized to conduct business
in this state in the amount of at least $50,000, insuring the owner for any
personal injuries inflicted by the dangerous dog. Such insurance policy
shall provide that no cancellation of the policy will be made unless ten (10)
days written notice is first given to the City Clerk.
At the time of registration, the City shall provide to the owner of the dangerous
dog for posting on the Owner's property a copy of a warning symbol to inform
children that there is a dangerous dog on the property.
61729
2
(C) Fees.
1. Registration. The City shall charge an annual registration fee, in addition
to any regular dog licensing fees, which amount shall be set by resolution of the
City Council from time to time.
2. Warning symbols. The City shall charge a fee for warning symbols
provided to Owners of dangerous dogs for posting on their property, which
amount shall be set by resolution of the City Council from time to time.
(0) Requirements. Owners of dangerous dogs within the City shall comply with the
following:
1. Tag. A dangerous dog must have a standardized, easily identifiable tag
identifying the dog as dangerous and containing the uniform dangerous dog symbol
required by' the City affixed to the dog's collar at all times.
2. Confinement. All dangerous dogs shall be securely confined indoors or in
a securely enclosed and locked pen or kennel, except when leashed and muzzled
as required under this Section. Such pen, kennel, or structure must have secure
sides and a secure top attached to the sides. All structures used to confine
dangerous dogs must be locked with a key or combination lock when such animals
are within the structure. Such structure must have a secure bottom or floor
attached to the sides of the pen or the sides of the pen must be embedded in the
ground no less than two feet (2'). All structures erected to house dangerous dogs
must comply with all zoning and building regulations of the City. All such
structures must be adequately lighted and ventilated and kept in a clean and
sanitary condition.
3. Leash and Muzzle. No person shall permit a dangerous dog to go outside
its kennel or pen unless such dog is securely leashed with a leash no longer than
four feet (4') in length. No person shall permit a dangerous dog to be kept on a
chain, rope or other type of leash outside its kennel or pen unless a person is in
physical control of the leash. Such dogs may not be leashed to inanimate objects
such as trees, posts, buildings, and the like. In addition, all dangerous dogs on
a leash outside the animal's kennel or pen must be muzzled by a muzzling device
sufficient to prevent such dog from biting persons or other animals.
4. Confinement Indoors. No dangerous dog may be kept on a porch, patio or
in any part of a house or structure that would allow the dog to exit such building
on its own volition. In addition, no such dog may be kept in a house or structure
61729
3
when the windows are open or when screen windows or screen doors are the only
obstacle preventing the dog from exiting the structure.
(E) Law Enforcement Exemption. The provisions of this Section do not apply to
dangerous dogs used by law enforcement officials for police work.
(F) Confiscation.
1. Seizure. The City shall immediately seize any dangerous dog if:
a. after 14 days after. the owner has notice that the dog is dangerous, the
dog is not validly registered under this Section;
b. after 14 days after the owner has notice that the dog is dangerous, the
owner does not secure the proper liability insurance or surety coverage as
required under this Section;
c. the dog is not maintained in the proper enclosure; or
d. the dog is outside the proper enclosure and not under physical restraint
of a responsible person as required under this Section.
2. Reclaimed. An owner may reclaim a dangerous dog seized under this Section,
by paying impounding and boarding fees and presenting proof to the City that the
requirements of this Section have been met. The City may dispose of a dog that
is not reclaimed within seven days and the owner is liable to the City for costs
incurred in confining and disposing of the dog.
3. Subsequent Offenses. The City shall seize any dog where a person has been
convicted of a misdemeanor for violating Minn. Stat. ~~ 347.51 or 347.52, and
the person is charged with a subsequent violation relating to the same dog. If the
person is convicted of the crime for which the dog was seized, the City will
destroy the dog in accordance with the order of the court and the owner shall pay
cost of confining and destroying the animal. If the person is not convicted of the
61729
4
crime for which the dog was seized, the dog may be reclaimed pursuant to
subsection 2 or disposed of within seven days if unclaimed.
SECTION 2. This ordinance shall be effective immediately upon its passage.
ADOPTED this
City of Farmington.
day of
, 19_, by the City Council of the
CITY OF FARMINGTON
BY:
Gerald Ristow, Mayor
ATTEST:
, Clerk
61n9
5
-
Ch. 277
80th L~qISLNl'URE
,DAKOTA COUNTY~D~GEROUS DOG REGISTRATION:';'
- CHAPTER 277
H.F. No. 2616
AN ACT relating to Dakota county; providing for city administration of the' dangerous dog
registration system. " .'
'BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:, ~ ';',
. ~ ;";' . 1 _ . __" ;P. .~.; ':.'" ,.....: '_~.':'
Section 1.. DAKOTA'COUNTY; DANGEROUS I)OGREGISTRATION~ . .'. ,. .:~
N otwithstandin~ any law to the contrary,home' nile charter or statUtory' cities' in: Dakota
county are responsible for dan~erous dog registration' pursuant to'Minnesota Statutes, section
347.51. The county shall continue to enforce that section fortowils in the 'coUnty.. ..... '." :, ~ ,
Sec. 2. EFFECTIVE DATE.. , . . '. .' ,'_ ,"
, -...., ..... _.' . _' '_ ".' - .. . ..... '. ,....J
This' act is effective in Dakota countY the day' after the governing' body-and chief clerical
officer of Dakota county, comply with Minnesota, Statutes, section. 645.021, subdivision..~3.
Presented to the governor MlU"ch 13. 1998. ,..~.,~...~.;:,
':'j.: ~~,,,,,:~J.~:.:;
Approved March Hi, 1998.
, '.'".;: ~
. ,'.-'.:;:}
,.:,.'.t;
. .. , ."
. .' . .
I.'_-..-'lo_,.'
MOTOR FUELS-PETROLEUM PRODUCT SPECIFICATIONS-,',
CHAPTER 278
, 'H.F. No. 3071
AN ACT relating to motor fuels; updating petroleum specifications; amending Minnes'ota Statutes
1996, sections 239.761; and 239.792. " '
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1: Minnesota Statutes 1996, section 239.761" is lUIleilded to read:
239.761 PETROLEUM PRODUCT SPECIFICATIONS
Subdivision 1. APPLICATION. A person responsible for the product must meet the
specifications in Eygw.'.qsiGRS 3 tG l~this section. The specifications apply to petrolewn
products processed, held, stored, imported, transferred, distributed, offered foniistribution,
offered for sale or use, or sold in Minnesota.' ' . ' ' " .:' .
Subd.2. COORDINATION WITH DEPARTMENTS OF REVENUE ANDAGRICUL~'
TURE. The petrolewn product specifications in this section are intended to match."the
definitions and specifications in sections 41A.09 and 296.Q1. 'Petrolewn products n~e~_-in
suggplisiGRS ~ tG 12this section are defined in section296.01. ',' ,'.,. " '..-:-,--:. :.
, Subd. 3. GASOLINE. Casoline that is not blended with ethanol must notbe c_on~;lt~.,
ed with water or other impurities and must'comply with_ASTM specificatio~ :n 4gH92g~
4814-:-96. Gasoline that is not blended with ethanol must also coinply With the volatility
requirements in Code of Federal Regulations" title 40, :part 80.~, gasoline ,i& :sold,
transferred, or othenvige removed from a refinery or tenninal, a person responsible for th~
product: " . - . -', . _
(I) . may blend the gasoline with agriculturally derived ethanol as provided in'subdivision4;
(2) shall not blend the gasoline with any oxygenate other than denatured,' agricUlturally'
derived ethanol;.."o: _ ,,_ "r-- _..",. ;''-''_,~...,.:;
(3) shall not blend the gasoline with other petroleUm 'products 'that are 'not g3.soiiDe"or
denatured, agriculturally derived ethanol; . ....;" <,'" ,<,:,;,-.'::::':':')~'.;;i.!;."
.160 . Additions -are Indicated by underline;, deletions, by ,atRkeout
-. '.. ".-0,'"," _'.: _' ___ . .,_ ~. _:---- ".":- .... . . _' ",' _ ,_.
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NO. 5313 P. 2
10
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".
MAY. 12. 1998 3:02PM
BOARD OF COUNTY COMMISSIONERS
DAKOTA COUNTY, MINNESOTA
. ,::).
Resolution No. 9a;.258
Secanded by Commissioner Maher
April 21. 1998
Motion by Commissioner Branning
Approval and Ratification af Minnesota Laws 1998, Chapter 277, Regardl.....g Dangerous Dog Registration
WHEREAS, Laws of Minnesota 1998, Chapter 277, provides that home rule charter and statutory cities In Dakota
County shall be ~ponsible for dangerous dog registration pursuant to Minn. Stat. section 347.51; and
WHEREAS, this legislation is not effective without majority approval of the Dakota County Board of
Commissioners.
NOW, THEREFORE. BE IT RESOLVED, That the Dakota County Board of Commissioners. in regular session this
twenty.fim day of April 1996, hereby approves and ratifies Minnesota Laws 1998, Chapter 277. and directs the
Cler1c of the County Board to fjle with the Secretary of State the certificate required by Minn. Stat. section 1545.021.
subd. 3.
'.
STATE OF MINNESOTA
CcJunty of Dalror.a
YES NO
H.:IIrrIs x Harri,
Maner X. M~
Ba~IIi1 X BGlg''''
MUlII_ X Mueller
TUnMr X Turner
J<.raus.t X Krause
Branning X SrlInnlng
I, MIlly S. Scheid.. C~ fa I7le Baatd o( tne Ca.rl'I at Oakota. State or
Mnnaaea, do haretry c:enlfy u.t II'NM c.ompared !tie fcngclng copy af
a r~ witn 1ne otlg!naJ minutes or the S'rocaedIngs Of the Baard ar
CCQ'Ity Ccrnmlsalorws, Oekata CoLll'lty. MInnesatlI, at tnelr _iOn held
an lhe 21- day of April 1998, rIa\III on tile In lI1e COUnl'f AdmJnlstr.stlen
~ ancl hi. ,~ the SlIme tQ be a lI'U8 and c;;orrect c:cpy
1Nr8aI.
~~-~~~~~
. '0 CIef'JC to lhe Sam!
13 Ov
TO: Mayor and Councilmembers
City Administrator~
FROM: David L. Olson
Community Development Director
SUBJECT: Proposed Commercial Development!
Castle Rock Township
DATE: June 1, 1998
INTRODUCTION
Castle Rock Township is currently reviewing a proposal for 12 acres of commercial and
light industrial development in Section 5 adjacent to the Fountain Valley Golf Course to
the west and along the south side of State Highway 50.
DISCUSSION
The Planning Commission for Castle Rock Township at their May 11, 1998 meeting
approved a conditional use permit that will allow for several commercial (including mini-
storage facilities) and light industrial businesses to be established on four parcels which
average slightly more than 2.5 acres in size. These parcels would be located adjacent to
the golf course to the west and extend approximately ~ mile south of State Highway 50.
While the City received a notice of the May 11 th hearing, we did not receive a copy of the
proposed development plan until May 18th.
The current zoning of this area is Rural Residential which allows for a number of
commercial and limited industrial uses as Conditional Uses. It should be noted that the
proposed Comprehensive Plan Update for Castle Rock Township submitted to the Met
Council last year shows an area only 1/8 of a mile south of Hwy 50 of this proposed
development as designated "Commercial." The balance of this property is proposed to be
designated "Rural Residential." The proposed new zoning ordinance which is proposed
to be adopted after the Comprehensive Plan Update is adopted will not allow for
commercial or industrial development in the Rural Residential zone. The Met Council
has approved the Comprehensive Plan Update, however, it has not been formally adopted
by the Township nor has the revised Zoning Ordinance, and thus this development is
being reviewed under the existing ordinance and comprehensive plan.
Since this proposed development involves less than five lots which will be greater than
2.5 acres in size, the developer is not required to go through a subdivision platting
process that requires a public hearing. These parcels can simply be created through a
metes and bounds process and simply recorded as "parcels" at the County Recorder's
Office. While the road shown along the western boundary of this development is
Citl}. of FarminiJton 325 Oak Street. FarminfJton, MN 55024. (612) 463-7111 · Fax (612) 463-2591
identified as "public road" on the plan, the City was informed by the Chair of the Town
Board that they intend to allow the proposed crushed rock road to remain a private road
for the time being.
In addition to the land use issues, the other primary concerns relate to how this proposed
development will impact Farmington's Surface Water Management Plan. As the attached
memo from Erik Peters of Bonestroo indicates, a portion of this site includes property
that was to be used for a regional pond as part of the Phase 3 of the Prairie Waterway. If
this property is developed as proposed, this regional pond will have to be expanded
elsewhere which will be difficult and costly.
The other concerns related to storm water management involve the ability to maintain
runoff rate control under Hwy 50. The proposed development could increase the volume
and rate of runoff that discharges through the culvert under Hwy 50 to the Prairie
Waterway Phase 2 unless other ponding is provided for. The additional runoff from this
development could contribute to causing the water level in the pond north of Hwy 50 to
rise above the established high water level which would result in the excess water leaving
the pond basin and flowing easterly into Empire Township as explained in the attached
memo.
It is recommended by Mr. Peters that the development of this site be evaluated from a
larger watershed view and that long-term planning and drainage issues be given thorough
consideration. City staff would concur with this recommendation.
BUDGET IMPACT
Unknown at this point since the cost of relocating regional pond PW-P1.8 or possibly
enlarging existing ponds has not been determined. Other concerns include the apparent
absence by the Township in collecting storm water management fees for this project from
the developer.
ACTION REOUESTED
This is for information only.
Respectfully submitted,
~a::r __
David L. Olson
Community Development Director
cc: Castle Rock Town Board Supervisors
Vermillion River Watershed Management Organization
Empire Town Board of Supervisors and Engineer
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Memo
n Bonestroo
-=- Rosene
'WIll Anderlik &
1\11 Assodates
EngIneers & ArchitectS.
Project Name: Peltier Properties, Castle Rock
Township
Client: City of Farmington
File No: 141 General
To: Lee Mann
Date: May 21, 1998
From: Erik Peters
Re: Site layout and drainage of property within Castle Rock Township adjacent to (west of) Fountain
Valley Golf Club.
Remarks: It is recommended that development of this site be carefully considered. Future
development and drainage planning for the area south of Hwy 50 will be affected by what occurs on this
site. A portion of the Peltier property, within 250 feet of the right of way for Hwy 50, has been planned for
some time to be part of a regional pond. This regional pond is the future Prairie Waterway-Phase 3.
Farmington's Surface Water Management Plan (SWMP) identifies the pond as Pond PW-P1.8. The
schematic outline of this regional pond is shown on Map 1 of the SWMP.
The current site layout plan contains three issues of concern.
1. The portion of the property to be developed was/is planned to be part of regional pond PW-P1.8.
Development of this property in the proposed manner will reduce the available storage volume of PW-
P1.8. The regional pond is already constrained by existing development to the north and west and
wetlands to the south. Expanding the pond elsewhere to maintain the necessary storage volume will
be difficult and costly due to the multiple issues involved.
2. The site plan indicates that the property will be graded to drain primarily to the east, toward the golf
course. Drainage from this site will then drain away from the regional pond. In addition, drainage from
the golf course into the regional pond will be cut off. Allowing this drainage to flow through the 36"
culvert under Hwy 50 without additional rate control, is a serious concern if the 100-year high water
level elevations of the downstream ponds in the waterway are to be maintained. The water quality of
this runoff is also an issue for discussion. Diverting this drainage away Pond PW-P1.8 will result in a
small reduction in the required storage volume for this regional pond.
Farmington's SWMP specifies future rate control under Hwy 50 of 18.5 cfs for the entire 513 acres
draining to the existing 36-inch culvert. To maintain the necessary rate control under Hwy. 50, an
additional pond of significant size will need to be constructed south of Hwy 50, to capture runoff from
Bonestroo, Rosene, Anderlik and Associates
2335 West Highway 36 # St. Paul, MN 55113 # Phone: 612-636-4600 # Fax: 612-636-1311
Memo
.11. Bonestroo
e Rosene
~ Anderfik &
1\11 Assodates
engIneers & ArchJtects
the property in question and the golf course. Another option is to expand the storage volume of the
downstream pond (Pond PW-P1.11).
3. Development within the 513-acre drainage area without the construction of the regional pond is a
concern. The established high water level of the downstream ponds (Ponds PW-P1.11 & PW-P1.12)
assumes upstream rate control. Increasing the amount of hard surfaces will increase the volume and
rate of runoff to Hwy 50. The current plans for the property in question call for approximately 80% of
the site to have a paved or gravel surface from which the runoff will be greater than existing conditions.
Even under existing conditions, the 100-year high water level for ponds PW-P1.11 & PW-P1.12 may be
greater than the established high water level.
Based on industry standards, the runoff from land under agricultural production (conditions in Castle
Rock Township) is comparable to runoff from low-density single family residential. This is based on the
large amount of exposed, bare soil typically found in agriculture. Based on this standard, the volume of
water entering Pond PW-P1.11 now through the existing 36" culvert may cause the water surface to
rise above the established 100-year high water level. Should the water levels rise above the
established high water elevation of Pond PW-P1.11, the excess water will leave the pond basin and
flow to the east into Empire Township. This is not a major concern at the present time for the following
reasons: 1) The freeboard protection for the lots within Farmington are sufficient to protect the homes
from flooding. 2) Flow into Empire Township was the natural drainage path before the Prairie
Waterway was created. 3) The land within Empire Township is under agricultural production and little if
any property damage would occur. However, from a long-term planning and development standpoint,
this flooding scenario is not acceptable.
In summary, this site and development of the entire area is recommended to be evaluated from a larger
watershed view. Long term planning and drainage issues are recommended to be given thorough
consideration.
Bonestroo, Rosene, Anderlik and Associates
2335 West Highway 36 # St. Paul, MN 55113 # Phone: 612-636-4600 # Fax: 612-636-1311
CASTLE ROCK TOWNSHIP
II
II
Board of Supervisors G )
Alyn Angus, Chair - 463-3182 t!63- G .lSr ~4J
Norbert Kuhn, Supervisor - 463-7813
Gordon Wichterman, Supervisor - 463-3599
Township Office - 460-2221
Apri127,1998
City of Farmington
325 Oak St.
Farmington MN 55024
TId~~~n'Wl~~
.. ,
. A P R 2 9 1998
oJ
To:
Re: Special Hearing
Notice is hereby given that the Planning Commission of Castle Rock Township will hold
a special Hearing on Monday May 11 1998 immedialtely following the adjournment of
the previously scheduled 7:00 p.m meeting at the Castle Rock Town Hall located on
Biscayne Avenue and 240th Street to consider and review the application of a conditional
use permit for Southside Finishing, 525 First Street, Farmington MN 55024. Countryside
Cabinets, 22133 Logan Ave, Lakeville, MN 55044. J.R. & S. Excavating, Jim Reisinger,
20218 Akin Road, Farmington, MN 55024 and Mini - Storage of Peltier Properties Inc.,
5437-212th St., Farmington, MN 55024 to form a development of twelve acres in the NE
1/4 of Section five in Castle rock township to pursue the building of four storage or
manufacturing facilities and to construct a public road on said property.
All persons desiring to be heard in person or in writing will be heard at this time.
Sincerely,
1'1~& Thur:lcu
Michelle Nicolai
Castle Rock Township Clerk
P.O. Box 6
Farmington MN 55024
DAKOTA COUNTY SOIL AND WATER
CONSERVATION DISTRICT
Dakota County Extension and Conservation Center
4100 220th Street West, Suite 102
Farmington, MN 55024
Phone: (612) 891-7777 FAX: (612) 891-7775
May 22, 1998
David Nicolai
First State Bank of Castle Rock
P.O. Box 9
Farmington, Minnesota 55024
RE: WETLAND DELINEATION FOR THE PROPOSED CASTLE ROCK INDUSTRIAL SITE
LOCATED IN THE NW 1,14 SECTION 5, TOWNSHIP 113N., RANGE 19W.
Dear David:
We have reviewed the wetland delineation report completed for the above referenced project.
The project site is approximately 12 acres in size and includes two wetlands (Wetland A and
Wetland B). Both identified wetlands have been cultivated regularly over the last several years.
Basin A is a seasonally flooded wetland approximately 1.0 acre in size. Basin B is part of a
larger complex which extends beyond your project site. The portion of Basin B that does lie
within your project site is approximately 0.10 acre in size.
Based on our review of the wetland delineation report submitted, in conjunction with our
examination of the project site, we concur with the wetland limits that have been established.
The following items will be needed during the development of final grading plans.
· The wetland boundaries should be surveyed and shown on the plan sheets.
. Any wetland fill or wetland excavations should be shown on the plan sheets with the area of
proposed alteration provided in square feet.
,
. The topography of the project site is flat and the potential for erosion is minimal. However,
silt fence should be installed in the southwest corner of the site around the edge of Basin B.
· There are two wetland laws that pertain to Dakota County; the Minnesota Wetland
Conservation Act (administered by Castle Rock Township) and the Clean Water Act
(administered by the Corps of Engineers). Once our office receives updated plan sheets
that show the amount of wetland to be filled and/or excavated, we will be able to provided
better guidance on what permits, if any, will be necessary. Based on our preliminary
discussions, it is likely that a permit will not be required under the Minnesota Wetland
Conservation Act. However, a permit from the Corps of Engineers may be necessary.
AN EQUAL OPPORTUNITY EMPLOYER
If you have any questions regarding this letter you can call me at 891-7778.
Sincerely,
~ Uds~
Brian Watson
District Manager
Cc: Castle Rock Township
Mike Graham, Peterson Environmental