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Home My WebLink About12.01.97 Council Packet COUNCIL MEETING REGULAR DECEMBER 1, 1997 :00 p.m.- Special meeting to conduct Planning Commission interviews 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. CITIZEN COMMENTS 6. CONSENT AGENDA a) Approve Minutes, 11/17/97 (regular) b) Adopt Resolution - Maintenance Agreement, Highway 50 c) Fourth Street Outfall, Project Update d) Approval of Various Licenses and Permits e) Approve AFSCME Contract - Maintenance and Clerical Units t) School and Conference Request - Police Department g) Adopt Council Policy - City Commission Appointment Process h) Receive Annual Weed Report i) Adopt Resolution - Cooperative Agreement MN DOT Storm Sewer at Larch Street j) Approve Bills 7. PUBLIC HEARlNGS/A WARD OF CONTRACTS a) South Suburban Medical Clinic Bonds - Public Hearing b) Award Towing Services Contract - Continued from 11/17/97 c) Award Contract Park Facility Improvement (Supplemental) 8. PETITIONS, REQUESTS AND COMMUNICATIONS a) 1998 Proposed Budget Revision b) 1998 -2002 CIP Council Workshop c) Resolution approving East Farmington 4th Addn. Preliminary and Final Plat 9. UNFINISHED BUSINESS a) Adopt Ordinance - Code of Ethics b) HRA Ordinance/By-Laws - Proposed Modification c) Strategic Planning - Implementation Plan Action Taken d) Prairie Waterway III/Ash Street Reconstruction Project - Joint Project Efforts 10. NEW BUSINESS a) Notification of Intent to Terminate City Attorney's Services 11. REPORTS FROM COUNCILMEMBERS/BOARDS/COMMISSIONS 12. ROUNDTABLE a) Response to Animal Complaint 13. ADJOURN Co : Of) p.1t) . TO: Mayor, Councilmembers, City Administrato~ FROM: Karen Finstuen, Administrative Service Manager SUBJECT: Planning Commission Interviews DATE: December 1, 1997 INTRODUCTION A seat on the Planning Commission has been vacated, the expiration date of this seat's two year term is January 31, 1999. . DISCUSSION A special meeting has been set for 6:00 p.m., to interview the following three candidates scheduled as follows: 6:05 p.m. - Cleota Epps 6:20 p.m. - Ronald Kuriscak 6:35 p.m. - Dirk Rotty Brian Feldt, who was interviewed for the PARAC vacancy on November 3, 1997, and in January of 1997, states on his application an interest in being appointed to the Planning Commission also. As Mr. Feldt had been previously interviewed, it was Council's decision that he did not require another interview at this time, but would be considered for the vacancy along with the other applicants. I have attached copies of the four applications. ACTION REQUIRED Your decision on the appointment will be placed on the December 15, 1997 agenda for approval. Respectfully submitted, j~ J,~~ Karen Finstuen Administrative Service Manager Citlj of Farmin'Jton 325 Oak Street · Farmint]ton, MN 55024 · (612) 463.7111 · Fax (612) 463.2591 . r....'.. ~ . &;'05 p,th, CITY OF FARMINGTON . APPLICA nON FOR BOARD OR COMMISSION APPOINTMENT Name: Cleota Epps Date of Application: 1/3/97 Address: 19410 Ellington Trail, Fanningt:on, MN 55024 Employed by: Self "Sassaffrass Tea" Board or Commission you wish to serve on: Planning Commission Qualifications: 7 yrs - Business Owner, 3rd year College - MarketingIBusiness Administration Property Manager - Equitable Relocation, Dallas, TX - 4 yrs. Bank Marketing Officer - Commercial Credit - 4 yrs. Member of: ARES Parent Council, Farmington Chamber of Commerce, Eastern Star - Myrtle Chapter 13, Church Social Director, Parent-School Volunteer, Fannington Area Girl Scout Public Relations and Community Event Coordinator and Girl Scout Troop Leader. State briefly, your reasons for seeking an appointment to this board or commission: I desire to be involved in my community in a position which would enable the City of Fannington to utilize my experience and skills. I feel Planning Commission would be the best match. References: Diane Schmidtke Denise Dow LeeAnn Bookhout Carl Britt Dr. Margaret McKernan Marilyn Weinhold H: 463-4026 H: 463-1292 W: 895-1370 H: 452-8387 W: 858-8800 W: 438-4362 W: 463-4500 W: 460-6444 /l . ~r Signature: l ' 9-~~ '<--tJ (n Date: \-1-97 ~an-07-97 lO:16A MAPLE ISLAND GROUP W'.' ....., "'.".", U.'<=;" ,..~., ~ll"t U- F~ltm~ 612 a98 2924 P.Ol TO 94JS7S28 p.el mY OF FARMINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT (;;; ~O p_ fh. Namo~ IJ ~#tLJ . Date of Applicaaon J h It, I 9 r- <63kw ~ lf~ Daytime Phone # 11' - ~ ~ W Lf '0 - '2 '2. &f ct t-\ Emp1oyedBy~ t- z.s..\~ VI hN:Jv ~ I Jill". BoardorCommissionyou wish toserve~' ~ loIt 111'\ ; Yl ~ C e ""'" ~; ~$ ,. tJ '1 1.( lAr i SCt:A.. ~ Address. QualifiQuoru (CovCr'peI tincnteducational backgromld.. employmentpositiODl and other~ 011 comminees, boards. c:onnoiS$ions and church organizations, etC.) Co WlpJ D)' ~ J 0... -\- -\ \t p ~ ~ , c.., ~ \ , ~ ~t) N-\~ \ ~ ~ ...b.ih.r eo... f'" y. Yva,...... '^ \'1 A... ~ ~ \II ,,: Mj L : b i'1..rt.."" r, c., III J~ -f2\e.c....; ~, r~v', .\-~\; ~~~ I z/)1II;~'.'M""{.f~~-M-t ) f) r ti ; "... ~ t...t!.- J I.. lit ~ e ~ 81t#D If/fIJ j' c... ,...~ .! ~ & f't=J" . - C; -4}' 6 ~ t>\)' ...tJ...-i~ \:lM-- Vat u-w k.e..r State briefly, your reasons for seeking an appointment to ~ board or c:ommission .M y -"'-4..r't>s.~ ; 11\ ..f'-"-~;~,j i ~ _lQ__pJ\f)u',J~ a4'\ y /A",j~"'L pe-r~,~,.,..r. Ie. j '.I ~uwe.~......j.,-, "'5 "'.!..~ r ~....;Je.. ~I'\ /"",tItt fA...; 7 I ~1'Id. UJ/.s4 4-t> I\aA..:i_,,_ -f.l..~ C l' ., v i FA r~ I' "~~,.,., A ~ ( . ..s~ ,e- 4- p- r 1')$ ~-.r ~ tJ\.,< S. C L:J ~ .... Lt &A, 7 References (liSt anyreferences yo\! wish that would be familiar with your qualifica1ion5 fortbepositiun), VA.W\ ~J~~ - M&.ot~i"';t..,\ ~'1ft, Li"Ar 613-30~1 ~e"e.. ~l.t"t.n - c;}, {!!1ph - b~3 -22.1 ~ .?ok. ~.lD":::J!f 1!14,J,(,wlj -SW-t/1+;(. SlgnalUte --=== ~ ~ _ -2 Date 11'1 r r (P;3~ Pfh.- CITY OF FARMINGTON APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Name Dirk E. Rottv Date of Application 01/06/97 Address 20315 Dunbar Avenue Daytime Phone# 612/463-6264 Employed By Dakota Electric Association Board or Commission you wish to serve on Plannina Commission . Qualifications (Cover pertinent educational background, employment pOSitions and. other experience on committees, board, commissions and church organizations, etc.) I have previous experience with the City of Farminaton in the followina: Farminaton Park & Recreation Commission. Farminaton Plannina Commission and Farminaton City Council. St. Michael's Plannina Council and St. Michael's Parish Council. Associate of Arts Dearee. Bachelor of Science Dearee. and will araduate with Master of Science Dearee in Fall '97. State briefly, your reasons for seeking an appointment to this board or commission I would like to serve on the Plannina Commission to help the City of Farminaton plan and manaae current and future qrowth. I believe my previous appointments (1984 - 1994) could help brina additional experience to the commission. References (list any references you wish that would be familiar with your qualifications for the position). Euaene Kuchera Jerry Ristow Craia Schlawin Dennis Gramentz Signature O~ 2 R ~ Date January 6. 1997 ~ .'" .~ ~" -,' ,-,'~""j <,i::i:!P . CITY OF F ~'ImGTON I APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Name B I2-J I9Tv ~ JZ:. L-p -;- Date of Application ) - C - c; t7 Address J cr z. z..y fZ r-U-I rrN-rh"- V lvJ4 '1 Daytime Phone # Y-6 ~ '- 2-,-/' 3 f",rl': '17--' ~~~ _a~~-D0~!l-'r'-') Employed By [.,1Z:-~/~C'rrarJ 5771-'-"';;;?,ej-/2..i?' cOi2..J?o/2:.ffT7CNV - Board or Commission you wish to serve on P i..-J4-r-J/'V / IV Gr , 1-11 S "(0 /Z-J C r-r L- f?i?-fi-5 -5-1< v fl-r/o-'-.J (.; I ~ , y,+/2.r.::::-S P'f-,....;i/ ,2':;:<-. ~h...A-T7C/"'-../ 'Qualifications (C over pertinent educational background, employment positions and other experience on committees, boards, commissions and church organizations, etc.) --1t.-4- l.hV 1 V r:ifl-S 11'1 C) ~ Pn~l x: Itl.-T~vn-T7I/1C- fV~? rUHNOW{.~ ) r=- fl-CY'-"I ? r ~7Z-? J?.. fiC rc:..fi..A- TiCl'-..J L. O,'--{,..., I rt h- M f;..,.....A i? fi-12- 1/$$ A-vA> KA- MW'i 5J.iIP ,., nt.../t/rv""c, uS NAil 't) l.,'/i:..n-i7€./Z--?H 1 P p,z:...v ,r:;...i-O?J~~,...;-r -;:hvT/ State briefly, your reasons for seeking an appoinnnent to this board or commission ;::::-1 IV V F/4-/LI-J, ",/~ Iv"""'; fiN / Pii-A-L- Pt-Prcii..... Ie..:::> L--- I t/ Fe.. A-/V'!7 12.../4-150 ii:.... M '-f C 1--" 1'- J> fZ-.~ . v-,...-/ ? H TO 'j7v't F071--T"',--! M '-( J'ffi.--Sl ~;::C7"2-'- IN Fi-vh.-/Z- "1 c j7//",2-,V-\.I ;T( T c' fi ~ 5 v ,7- fi- Tf-! F2- ' c: IT Y F5 ii-CO,.....-r R-? pc \..-' ;:z....~ i+ 15 FZ- "/T'"1i-IL P L--t+ <....IL- 1 y.../ TI-I iC 1=0 T v f2- !<::- - References (list any references you wish that would be familiar with your qualifications for the position). J c...."../.lZ:..\..--\..--? 02 LJ. ~"n->HJN~ TO,.)' iiI/v 7/[.,vF- !(/S-?!-tl.-1Z/i '11 '--f i'i-vC.t.-117 f7n-n-( clHli':.-iZ- rzri..;:fL.-,2..f'i-..-(Ft...') HIv,+-It...,+'JLJi:.. vPr..-',- iZrZ-G<,,-,.~>r Signature ~ ,~ -- Date I - (; - 9' 7 - ~ '.~' .;. . . ...,.'.;....--.....'. ,. . '_ '. ~_' ..'c. -.:.: .'. :'..:.- :::: ,~-'. :. '-,~~. - ~ .' TO: Mayor, & Councihnembers, FROM: John. F. Erar, City Administrator SUBJECT: Supplemental Agenda DATE: December 1, 1997 It is requested that the December 1, 1997 agenda be updated as follows: Item 7b -AwartI Towing Services Contract- Continued/rom 11/17/97 The attached letter was received by the City Attorney from Dakota County Towing's legal counsel. . Item 7c - Award Contract - Park Facility Improvement "'. It is recommended that Council reject the bids and adopt the attached resolution authorizing readvertisement for separate bids for I) the arena team rooms and 2) the pool bathhouse/park restrooms. ~~~ hn F. Erar ity Administrator Citlj. of FarminiJton 325 Oak Street. Farmintjton, ~fN 55024 · (612) 463.7111 · Fax (612) 1,63.2591 LJU;- l-~.n nUN ~; 11 -ulffiNNl:::i LAW UH ll;!:' /'AX NU. tj124~~cj~~ P. Uc -7b Dm,u<I.F.Y, BE.'\NETI & OIRlSTENSEN, P.A. ATTORNEYS AT LAw JAY BE.'\lNE. r r WILLIAM 1>1. DUNKL.EY ROIol&:RT F CHrtlSTENGEN. P.'" ". JOHN HARPl!:!'t Ill. ........ TI10MAS J. ~~UNZIKt.'''+ DANIEL. W HERGOTT, ,. A. 5TEVl!N e. NCS"'K+ JAMES E. 6ETZ RII;IiARD M. DAHL T. CHill'S 6TEWA.rlT MARK Fl. GEIE:R JONATI-lAN" JAY WILUAM i'l. PF.CK~ ANTHONY M. MAMICK TERRANCEJ.WAO~NER MARK A. D1TTRlCI.f STEVE:N w, ANDERSON SUITE 700 701 FOURTH AVENUE SOUTH MINNE:APO~IS. MINNESOTA !;i54 t 5 TJ::LEPHONE (612) 339-1290 FAX (IS 12) 3~9-9~45 01" COuNUL. BRUCro: H. H"'I-lLEY" ~"5A D. DEJORA$ .ACllIfTTFQ IN W'liCONSIN "CER11",tD iRIAL Sl'EC.IAI"I$T November 26, 1997 City of Farmington - City Attorney Attn: Mr. David Grannie Grannis & Grannis, P.A. 412 Southview Boulevard Suite 100 So. St. Paul, MN 55075 VIA FACSIMILE AND Q'. S. MAIL 455-2359 Re: City of Farmington Towi~g Contract Dear Mr, Grannis: Please be advised that I represent Dakota County Towing, Inc. with respect to the City of Farmington towing contract that has come up for renewal. I have reviewed the advertisement for bids, the bid submitted by my client and the bid tabulation presented at the City Council meeting on November 17, 1997. Based upon the foregoing, it is clear that the City of Farmington is obligated to award the towing contract to Dakota County Towing, Inc. as the lowest responsible bidder for this public contract. It is my unde~standing that after some discussion at the council meeting held on November 17, 1997, that award of the contract to my client was tabled until Monday, December 1, 1997. Although I did not attend the meeting, it is my understanding that the Council had requested further information regarding Dakota County Towing, Inc.' s status vis a vie its compliance with the Township of Vermillion's zoning laws. By way of background, before Dakota County Towing, Inc.'s bid for the towing contract was awarded last year both the Farmington Chief of Police and Mayor came out to the site to do a personal inspection of its suitability for compliance with the City of Farmington's requirements. Dakota County Towing, Inc. was specifically advised at that time that it was a suitable bidder for Ut~- l-~( nUN ~:l~ liKANNI~ LAW Urrl~t tH^ NU. Ol~q~~cj~~ r. U.:l Mr. David Grannis November 26, 1997 Page 2 the contract. Just as then, Dakota County Towing, !nc. is now a sui table, appropria.te and legal contractor to be awarded the contract. As you are aware, Dakota County Towing, Inc. has operated in the towing business for over two years in the Township of Vermillion and for over one year as the contracted towing firm for the City of Farmington. At no time has the issue of zoning compliance with another municipality'S zoning laws ever been discussed, mentioned or otherwise made a term or condition of either an advertisement for bid or contract award by the City of Farmington. The first such time any zoning issue was ever raised was at the City Council meeting on November 17, 1997 in the context of a discussion of severa.l Council members apparent desire to award the contract to a "local" firm. Dakota County Towing, Inc.'s status vis a vie compliance or non-compliance with the Township of Vermillion's zoning requirements is exactly the same as it was over one year ago when the City of Farmington came out to inspect Dakota County Towing, Inc.'s storage facility and duly awarded it the City of Fa.rmington's towing contract as the lowest responsible bidder. Nothing has changed since that time. As such, it is the position of Dakota County Towing, Inc. that the city is compelled to award the contract to Dakota County Towing, Inc. at its meeting on December 1, 1997. If it does not, I have been instructed to pursue Dakota County Towing, Ine.'s legal remedies. Thank you for your consideration. yours, Y BENNETT & CHRISTENSEN, P.A. P. Christensen RPC/cgc -7 ;Q FROM: Mayor, Councilmcmbcrs City Administrator )1t- James Bell, Parks and Recreation Director TO: SUBJECT: Award Contract Park Facility Improvement DATE: December 1, 1997 INTRODUCTION Sealed bids were opened on Thursday, October 30 for the arena team rooms and ADA upgrades at the pool bath house and Rambling River Park restrooms. DISCUSSION Seven valid bids were received for the construction of the ice arena team rooms and ADA upgrades at the pool bath house and Rambling River Park restrooms. The bids for the ice arena team rooms were over the engineering estimates, therefore staff needed additional time to analyze the bids before presenting them for Council action. After discussing various team room change orders with the consultant and the low bidder, staffwas able to get the project close to the budgeted amount. These chariges are considerable and cut approximately 25% off the original bid. The City's legal counsel is of the opinion that with the amount of cuts and changes proposed, the project should be rebid. As all three projects were bid as one project, all bids will need to be rejected in their entirety. In terms of rebidding, staff recommends bidding as two separate projects, one being the arena team rooms and the other the bathhouse and restrooms. ACTION REQUESTED It is recommended that Council reject the bids and adopt the attached resolution authorizing the readvertisement for separate bids for the ice arena team rooms, and for the pool bathhouse / park restrooms, respectively. Respectfully submitted, ,-J~ c~~ James Bell Parks and Recreation Director I CitlJ of Farmington 325 Oak Street. Farminljtonl MN 55024 · (612) 463-7117 · Fa~ (612) 463-2591 RESOLUTION NO. ORDER PREPARATION OF PLANS AND SPECIFICATIONS AUTHORIZE ADVERTISEMENT FOR BIDS SWIMMING POOL BATH HOUSE/PARK RESTROOMS AND ICE ARENA TEAM ROOMS 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_____day of ,1997 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, monies for the ADA upgrades to the municipal swimming pool bath house/restroom were included in the 1997 CDBG funding; and Team Room funding is included in the 1997 Budget. WHEREAS, bids were received and were rejected due to cost consideration. WHEREAS, the engineering firm of Bonestroo, Rosene and Anderlik has proposed to prepare revised plans and specifications for the improvements. NOW, THEREFORE, BE IT RESOLVED that the firm of Bonestroo, Rosene and Anderlik are hereby authorized to prepare plans and specifications for the ADA improvements to the municipal swimming pool bath house/restrooms and arena team rooms. BE IT FURTHER RESOLVED that Bonestroo, Rosene and Anderlik are authorized to advertise for bids for construction of said projects. This resolution adopted by recorded vote of the Farmington City Council in open session on the day of ,1997. Mayor Attested to the _____day of ,1997. City Administrator SEAL fo~ COUNCIL MINUTES REGULAR NOVEMBER 17, 1997 1. The meeting was called to order by Mayor Ristow at 7:00 P.M. Members Present: Ristow, Gamer, Strachan, Fitch Members Absent: Cordes Also Present: City Administrator Erar, Attorney Grannis 2. Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. Roll Call was taken by City Administrator Erar. 4. MOTION by Gamer, second by Fitch to approve the agenda with the following changes: Item 8a - East Farmington 4th Addition Preliminary andfinal plat - Continue to 12/1/97 agenda Item 6q - Resolution approving a Gambling Premise Permit - Add to consent agenda Item 6j - Request to waive interest & penalty on a special assessment - Pull from consent for discussion APIF, MOTION CARRIED. 5. CITIZEN COMMENTS: RECOGNITION - PA TRICK SULLIVAN The Mayor and Councilmembers, along with Fire Chief Ken Kuchera, recognized and honored Patrick Sullivan with a Certificate of Appreciation for his keen observation of a serious situation, his bravery and composure, quick thinking and herioc deeds, thus saving a home and family pet from being destroyed by fire. 6. CONSENT AGENDA MOTION by Fitch, second by Strachan to approve the Consent Agenda as follows: a) Approve Minutes -10/28/97 (Special), 11/3/97 (Special), 11/3/97 (Regular) b) Approve School and Conference request - Police Department c) Approve Cameron Woods Extension of Plat Approval. d) Adopt Resolution No. R123-97 CSAH 31, Realignment Plans e) Adopt Resolution No. R124-97 CSAH 31, No Parking restrictions t) Adopt Resolution No. R125-97 Approving Eagles Gambling Premise Permit g) Adopt Resolution No.RI26-97 Certifying Delinquent Municipal Service h) Approve Equipment Purchase - Fire Department I) Approve Equipment Purchase - Rescue Squad k) Approve Appointment to PARAC I) Approve Equipment Purchase - Police Department m) Accept Resignation - Planning Commission Member- Special Meeting set for 12/1/97,6:00 p.m. n) Accept Resignation - Senior Center Advisory Commission Member 0) Approve 1997 CDBG Sub-Grantee Agreement p) Approve Bills q) Adopt Resolution No. R127-97 Approving Farmington Youth Hockey Gambling Premise Permit APIF, MOTION CARRIED. 7. ITEM 6j - REQUEST TO WAIVE INTEREST AND PENALTY ON SPECIAL ASSESSMENTS This item was pulled from the consent agenda for discussion. The request was denied. 8. PUBLIC HEARING - ANNUAL LICENSE RENEWALS The Public Hearing was opened to review the 1998 On-Sale Liquor, On-Sale Sunday Liquor, Club, and Therapeutic Massage Licenses for the following establishments: On-Sale Liquor - American Legion Farmington Lanes Long Branch Saloon and Eatery On-Sale Sunday - American Legion Eagles Club Farmington Lanes Long Branch Saloon and Eatery VFW Club Club Licenses - Eagles Club VFW Club Sauna and Therapeutic Massage - Rite Touch Therapeutic Massage MOTION by Gamer, second Strachan to close the public hearing. APIF, MOTION CARRI.ED. MOTION by Gamer, second by Fitch to approve the 1998 renewal licenses as presented. APIF, MOTION CARRIED. 8. AWARD OF TOWING CONTRACT The following three bids were received; Dakota Towing, Blaha Towing and Mareks Towing. It was staffs recommendation to award the bid to the lowest bidder and current contractor, Dakota Towing. Councilmembers expressed their desire to award the bid to a local business. Francis Blaha of Blaha's Towing, was in the audience and made comments about his extensive service to the community, and questioned the actual charges made when a tow is needed for an accident. A representative from Dakota Towing was in the audience but declined comment. This item was continued to the December 1, 1997 meeting. 9. HRABY-LAWS The City Council briefly discussed their desire to appoint citizens to the HRA Board. This item was continued to the December 1,1997, meeting. 10. ADOPT RESOLUTION -1997 BUDGET REAPPROPRIATIONS MOTION by Fitch, second by Gamer to adopt RESOLUTION NO. R128-97 Amending the Budget for the Fiscal year 1997. APIF, MOTION CARRIED. 11. WARD SYSTEMS - RESEARCH Voting wards were researched through the League of Minnesota Cities. Correspondence from the League indicated that wards could be established only if the City were to receive special legislation to do so. No action was taken. 12. ROUNDT ABLE Counci/member Strachan - Commended the Fire Department for their efforts in Grand Forks Co unci/member Fitch - Infonned Council of items of discussion at the Joint FanningtonlEmpire meeting. The next meeting will be in January, 1998. Commended the Parks Department and neighborhood volunteers for their efforts installing the play equipment at Hill Dee Park. Mayor Ristow - Presented to staff, a letter regarding the enforcement of cats. Administrator Erar - Infonned the Council of continuing discussions with School District Staff regarding the realignment of 208th Street being contingent upon approval by MnDOT. A letter was received from the School District reviewing the discussions on the placement of structures within the Right-of-way of the proposed road. Administrator Erar clarified to the School that the City acknowledged that a playfield might be placed within the Right-of-way but did not support structures that may be difficult to remove when the placement of the road becomes a reality. 13. MOTION by Fitch, second by Gamer to adjourn at 8:25 p.m. APIF, MOTION CARRIED. Respectfully submitted, Karen Finstuen Administrative Service Manager hb TO: Mayor, Councilmembers, City Administrator ~ FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Signal Maintenance Agreement, Highway 50 and TH 3. DATE: December 1, 1997 INTRODUCTION The State has forwarded a Traffic Control Signal Agreement for the signals along County State Aid Highway 50 (previously Trunk Highway 50). DISCUSSION With the turn back of Trunk Highway 50 to Dakota County, a new signal agreement needs to be executed that defines the responsibilities of Farmington and Dakota County in regards to the electricity and maintenance costs for the signal at Elm Street and TH 3. The attached agreement describes Farmington's responsibilities which are discussed on page 2, 5 and 6. The agreement also contains issues concerning other jurisdictions which are not pertinent to Farmington. BUDGET IMP ACT Farmington's responsibilities for the signal would include 75% of the cost of the electricity of the signal and 100% of the costs of the electricity and maintenance of the street lights which is consistent with State and County policy. Signal maintenance and electricity for this signal is anticip,ated to remain within the current guidelines established in the City budget. RECOMMENDATION Adopt the attached resolution executing the attached Traffic Control Signal Agreement between the State, Dakota County and Farmington for the signal at Elm and TH 3. Citlj. of FarminfJ.ton 325 Oak Street · Farmin(jton, MN 55024 · (612) 463.7111 · Fa:( (612) 463.2591 Respectfully submitted, ~h1~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file RESOLUTION NO. R -97 RESOLUTION APPROVING AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL MAINTENANCE AND TO PROVIDE ELECTRICITY AT CSAH 50 and T.H. 3 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 1st day of December, 1997 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: NOW THEREFORE, BE IT RESOL VEn by the City Council of the City of Farmington, Minnesota, that the City of Farmington enter into an agreement with the State of Minnesota, Department of Transportation for the following purpose: To provide maintenance and electrical energy for the existing traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on T.H. 3 (Chippendale Avenue) at CSAH 50 in accordance with the terms and conditions set forth and contained in Agreement No. 73142M, a copy of which is before the Council. BE IT FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of December, 1997. Mayor Attested to the day of ,1997. SEAL Clerk! Administrator Certification State of Minnesota County of Dakota City of Farmington I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Farmington at a meeting thereof held in the City of Farmington, Minnesota, on the day of , 19_. as disclosed by the records of said City in my possession. SEAL City Administrator s MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMDi"'T NO. 73142M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CO~7Y OF DAKOTA AND THE CITY OF LAKEVILLE J..ND THE CITY OF FARMINGTON TO Provide Maintenance and Electrical Energy for the existing Traffic Control Signal with St~eet Lights, Emergency Vehicle Pre-emption, Interconnect and Signing on Trunk Highway No. 35 West Ramps at County State Aid Highway NO~ - County .State Aid Highway No. SO [Old Trunk Highway No. SO], rovide Maintenance and Electrical Energy for the existing Tra fic Control Signal with Street Lights and Signing on Trunk Highway No. 3 (Chippendale Avenue) at County State Aid Highway~. SO (Elm Street) [Old North Junction Trw~~ Highway No. SO] ~and Turn Back the existing Traffic Control Signals on County State Aid Highway No. SO [Old Trunk Highway No. 50] at Kenrick Avenue, 175th Street West - 17Sth Court West, County State Aid Highway No.9 (Dodd Road), and at 207th Street in Lakeville and Farmington, Dakota County, Minnesota. C.S. 1914 Prepared by Traffic Enginee~i~; ESTI~~TED AMOUNT RECEIVABLE F-~"!OUNT ENCUMBERED None None Cc~erwise Covered THIS AGREEMENT made ~~d entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the County of Dakota, hereinafter referred to as the "County", a::d the City of Lakeville, hereinafter referred to as ftLakeville", and the City of Farmington, hereinafter referred to as "Farmington", WITNESSETH: WHEREAS, Minnesota Statutes Section 161.20 (1994) authGrizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructi~g, maintaining and improving the Trunk Highway system; and WHEREAS, the County and the State agreed to the turn back of a portion of Trunk Highway No. 50 to the County, which is in accordance to a separate Cooperative Agreement between the County and the State; and WHEREAS, the portion cf T~nk Highway No. 50 that was turned back is from Trunk Highway No. 35 West Ramps in the City of Lakeville to the North j~~cticn of Trunk Eighway No. 3 (Chippendale Avenue) in the City of Farmihgton; and WHEREAS, after the t~~~ back of Trunk Highway No. 50, the new roadway designatio~ he~ceforth is County State Aid Highway No., 50; and WHEREAS, the Co~~~y a~~ the Sta~e also ffiutually agree to the turn back of four ( j, , ~ I ex~sti~; t~a~fic co~trol signals on C '" A' d H" "'- - ~ rOl' ~. . ~" N 50] I- ou:-.ty ;::tate 1 .lgnway l.~c. :: _ . _c i.~t:.::" r.l.gnway o. a,- - -... ~ """".. * .: _"': L..... Kenrick Avenue, 175th Street West - 175th Court West, County State Aid Highway No. 9 (Dodd Road), and at 207th Street to the County, as hereinafter set forth; and WHEREAS, it is considered mutually desirable to provide maintenance and electrical energy for the existing traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 35 West Ramps at County State Aid Highway No. 5 - County State Aid Highway No. SO [Old Trunk Highway No. 50]; and~ provide maintenance and electrical energy for the existing traffic control signal with street lights and signing on Trunk Highway No. 3 (Chippendale Avenue) at County State Aid Highway No. SO (Elm Street) [Old North Junction Trunk Highway No. 50]~and WHEREAS, the above mentioned emergency vehicle pre-emption that is part of tr.e traffic control signal installation on Trunk Highway ~o. 35 West Ramps at County State Aid Highway No.5 - County S~a~e Aid Highway No. 50 [Old Trunk Highway No. 50], shall hereinaf~er be referred to as the "EVP . System"; and WHEREAS, the County, Lakeville, Farmington and the State will participate in t~e ~aintenance and operation of the existing traffic control signa:s with street lights and signing, the EVP System and the inter=8~~ect as hereinafter set forth; -~=-42~! - 2 - NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Upon execution and approval of this agreement, the State shall turn back to the County four (4) existing traffic control signals on County State Aid Highway No. 50 [Old Trunk Highway No. 50] at Kenrick Avenue, 175th Street West - 175th Court West, County State Aid Highway No. 9 (Dodd Road), and at 207th Street. The County shall assume jurisdictional authority for the existing traffic contrel signals as described immediately above. 2. The County and Lakeville shall jointly be responsible for providing the necessary electrical power for the operation of the existing turned back traffic control signal installations on County State A;d Highway No. 50 [Old Trunk Highway No. 50] at Kenrick Avenue, 175th Street West - 175th Court West, and at 207th Street, at the shared costs of 50 percent County and SO perce~t Lakeville. Lakeville shall provide the necessary electric:~ power for the operation of the street lights. 3. The County shall be responsible for providing the necessary electrical power for the operation of the existing turned back traffic contrel siq=al installation on County State Aid Highway No. 50 [Old Tru~k ?-~ghway No. SO] at County State Aid Highway No. 9 (Dodd Rca~). Lakeville shall provide the necessary electrical power for ~~e operation of the street lights. -:-:;:'42:-1 4. At the existing turned back traffic control signals on County State Aid Highway No. 50 [Old Trunk Highway No. 50] at Kenrick Avenue, 175th Street West - 175th Court West, County State Aid Highway No.9 (Dodd Road), and at 207th Street, it shall be Lakeville's responsibility, at its cost and expense, to maintain the luminaires and all its components, including replacement of the luminaire if necessary, relamp the street lights, and clean and paint the luminaire mast arm extensions. It shall be the County's responsibility, at its cost and expense, to perform all other traffic control signal maintenance. 5. The County and Lakeville shall jointly be responsible for providing the necessary electrical power for the operation of the existing traffic control signal installation on Trunk Highway No. 35 West Ramps at County State Aid Highway No. 5 - County State Aid Highway No. 50 [Old Trunk Highway No. 50], at the shared costs of 50 perce~t County and 50 percent Lakeville. Lakeville shall provide the ne~essary electrical power for the operation of the street lights. 6. At the existing traffic control signal on Trunk Highway No. 35 West Ramps at Co~~ty State Aid Highway No. 5 - County State Aid Highway No. 50 [Old Trunk Highway No. 50], the responsibility for the traffic control signal is as follows: a) It shall be the County's res~onsi~ility, at its cost and expense, to relamp the traffic control signal, and clean and paint the traffic control s~gn~~ and cabinet; b) It shall be ~:;:42>: Lakeville's responsibility, at its cost and expense, to maintain the luminaires and all its components, including replacement of the luminaire if necessary, relamp the street lights, and clean and paint the luminaire mast arms extensions; and c) It shall be the State's responsibility, at its cost and expense, to maintain the signing and interconnect ~~d perform all other traffic control signal and street light maintenance which is to be performed by the County on a reimbursable basis. ~ t: 7. The County and Farmington shall jointly be responsible for providing the necessary electrical power for the operation of the existing traffic control signal installation on Trunk Highway No. 3 (Chippendale Avenue) at County State Aid Highway No. 50 (Elm Street) [Old North Junction Trunk Highway No. 50], at the shared costs of 25 percent County and 75 percent Farmington. Farmington shall provide the necessary electrical power for the operation of the street lights. 8. At the existing traffic control signal on Trunk Highway No. 3 (Chippendale Avenue) at County State Aid Highway No. 50 (Elm Street) [Old North Junction Trunk Highway No. 50], the responsibility for .the traffic control signal is as follows: a) It shall be the County's responsibility, at its cost and expense, to relamp the traffic control signal, and clean and paint the traffic control s:gnal and cabinet; b) It shall be Farmington's responsibility, a: its cost and expense, to maintain the luminaires and all its cc~~onents, including replacement of ..... - ~ i'I ........ f : ~":"'''"t ~.."': -5- the luminaire if necessary,. relamp the street lights, and clean and paint the luminaire mast arm extensions; and c) It shall be the State's responsibility, at its cost and expense, to maintain the signing and perform all other traffic control signal and street light maintenance. :Jl ~ 9. The EVP System on TnL~< Highway No. 35 West Ramps at County State Aid Highway No. 5 - County State Aid Highway No. 50 [Old Trunk Highway No. 50] shall be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a. It shall be the State's responsibility, at its cost acd expense, to maintain the EVP System which is to be performed by the County on a reimbursable basis. b. Emitter ~~its may be installed and used only on vehicles responding to an emergency as defined in ~innesota Statutes Chapter 169.01, Subdivision 5 and 169.03. Lakeville will provide the State's Assistant Division Engineer or his d~ly appointed representative a list of a:l such vehicles with emitter units. c. Malfunc:ion of t~e SV? System shall be reported to the S:ate immediately. "7 ~ :..:; 2 ~< d. In the event said EVP System or components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by Lakeville of written notice thereof from the State, the State shall remove the EVP System. Upon removal of the EVP System . pursuant to this Paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the State. e. All timing of said EVP System shall be determined by the County's Traffic Operations Engineer. 10. Upon executio~ ~d approval of this agreement, the County agrees to maintain and keep in repair, on a reimbursable basis, the existing traffic control signal, street lights, EVP System, signing and interco~~ec:, and operate said signal and EVP System, including timing, as s~ecified in Paragraphs 6 and 9, and to defend, indemnify, save and hold harmless the State and all of its agents and employees 0: an~ ~rom any and all claims, demands, actions or causes of action of ~hatscever nature or character arising out of or by reason c: :he ~ertormance or non-performance -~142~! -7- of the County's obligation to maintain, keep in repair and operate, including timing, the existing traffic control signal, street lights, EVP System, signing and interconnect under this paragraph: provided, however, that said indemnification shall not exceed the maximum liability established by Minnesota Statute Sec. 466.04 (1984) and as that statute may be amended from time to time. 11. Upon execution ~~d approval of this agreement, the State shall be billed annually by the County for the actual costs of labor, material, equipment ~~d overhead in maintaining and keeping in repair the existing traffic control signal, street lights, EVP system, signing and interconnect, as specified in Paragraphs 6 and 9, excluding the following: Maintenance of the luminaires and all its components, including replacement of the luminaire if necessary; relamping the existing traffic control signal and street lights; and cleaning and painting the existing traffic control signal, cabinet, and luminaire mast arm extensions, assigned to the Co~~ty and Lakeville by this Agreement. PaYment to the County will be ~nade by the State for such aforementioned costs upon submission by the County of an invoice in quintuplicate ite~izing said costs and certified by a responsible County official. The invoice shall be submitted to the Office of Traffic Engineering. The invoice and supporting records are subject to audit by the State's representatives at their direction. j ~ ::.. 4 2;.-! -3- 12. Timing of the existing traffic control signal provided for in Paragraph 6, shall be determined by the County's Traffic Engineer. 13. Timing of the existing traffic control signal provided for in Paragraph 8, shall be determined by the State, through its Commissioner of Tr~~sportation, and no changes shall be made therein except with the approval of the State. 14. Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the County, Lakeville or Farmi~gton and any and all claims that mayor might arise under the Workers' Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any fifth party as a consequence of any act or omission on the part of said e~ployees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the County, Lakeville or Farmington. 15. ~~y and all persons e~gaged in the aforesaid work to be performed by the Cou~ty, Lakeville or Farmington shall not be considered employees of ,the State and any and all claims that mayor might arise under the Worker's Compensation Act of this State on behalf of said esployees while so engaged, and any and all claims made by any fifth pa=ty as a consequence of any act or omission on the Fart of sai~ e~?loyees while so engaged on any of the work contemplated hereln shall no: be the obligation and responsibility 0: the c::~;::-.::. -'---'-- - :; 2.4 2 ~-: - ... - ~ 16. The State or the County may terminate the terms and conditions covering maintenance and operation contained in Paragraphs 6, 9, 10, 11 and 12, upon providing 30 days notice to the other parties. The County's termination must be accomplished by a resolution of the County Board. The State's termination must be accomplished by a letter from Mn/DOT's Assistant Commissioner. Upon termination it shall be the County's . responsibility, at its cost and expense, .to: (1) relamp the traffic control signal, and (2) clean and paint the traffic control signal and cabinet; it shall be Lakeville's responsibility, at its cost and expense, to (1) maintain the luminaires and all its components, including replacement of the luminaire if necessary, (2) relamp the street lights, and (3) clean and paint the luminaire mast arms extensions. It shall be the State's responsibility, at its cost and expense, to maintain the signing and interconnect and perform all other traffic control signal, EVP System a~d street light maintenance. In addition, all timing of the traffic control signal and EVP .System provided for herein shall be determined by the Stat~, through its Commissioner of Transportation, and no changes shall be made therein except with the approval of the State. 17. Upon execution and approval by the County, Lakeville, Farmington and the S~ate, this agreement shall supersede and terminate Agree~ent No. 64689 dated July 7, 1988, between the County, Lakeville and tne State. The intersections 73142~! . ~ - ~I~- covered by the above mentioned agreement are on Trunk Highway No. 35 West Ramps at Trunk Highway No. 50 - County State Aid Highway No.5, and on Trunk Highway No. 50 at Kenrick Avenue. 18. Upon execution ~~d approval by the County, Lakeville, Farmington and the State, this agreement shall supersede and terminate Agreement No. 64689 Supplemental Agreement No. 1 dated March 23, 1989, between Lakeville and the . State. The intersections covered by the above mentioned agreement are on Trunk Highway No. 35 West Ramps at Trunk Highway No. 50 - County State Aid Eighway No.5, and on Trunk Highway No. 50 at Kenrick Avenue. 19. Upon execution and approval by the County, Lakeville, Farmington and the State, this agreement shall supersede and terminate Agreeme~t No. 65612-R dated March 23, 1989, between Lakeville and the State. 20. Upon execution and approval by the County, Lakeville, Farmington a~d the S~ate, this agreement shall supersede and terminate the o~eration and maintenance terms for the intersection of Trunk Eigh~ay No. 50 at 175th Street West - 175th Court West covered in Ag=eement No. 68185 dated July 17, 1991, between Lakeville and the State. 21. Upon execution and a~?roval by the County, Lakeville, Farmington a~d ~~e S:a~e, ~his agreement shall supersede and terminate Agree~enc N~. 71003 dated July 21, 1993, between the County, Lakeville and t~e Sta~e. T~e intersection - -.. ,1.....". .; -'-: "':::... covered by the above mentioned agreement is on Trunk Highway No. 50 at County State Aid Highway No. 90 (Dodd Road) . 22. Upon execution and approval by the County, Lakeville, Farmington and the State, this agreement shall supersede and terminate Agreement No. 66211 dated September 19, 1989, between La~eville and the State. The intersection covered by the above mentioned agreement is on Trunk ~ Highway No. 50 at 207th Street. - - ... J1 ""'''''1 / " , ... .. ~, - - ......... -12- APPROVED AS TO FORM: ~~J2?"" q{4n County Attorney RECOMMENDED FOR APPROVAL: ~~~~ COUNTY OF Dk~OTA County Highway Engineer B~~a-~a4 Directo f Physical Development Dated t7sfr? (County Seal) CITY OF ~_XEVILLE i 3 14 2:-1 -13- By By City Administrator CITY OF FARMINGTON APPROVED AS TO FORM: City Attorney By Mayor (City Seal) By City Administrator STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: Assistant Division Engineer APPROVED AS TO FORM ~~ EXECUTION: Assistant Attorney General State of Minnesota ~ ~ "I .a. ~ \~ , - - ... -.. -14- DEPARTMENT OF TRANSPORTATION By Assistant Commissioner Dated DEPk~TMENT OF ADMINISTRATION By Dated DEPpRTMENT OF FINANCE By Dated RESOLUTION BE IT RESOLVED that the County of Dakota enter into an agreement with the State of Mir~esota, Department of Transportation for the following purposes, "to wit: To provide maintenance and electrical energy for the existing traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 35 West Ramps at County State Aid Highway No. 5 - County State Aid Highway No. 50 [Old Trunk Highway No. 50]; provide maintenance and electrical energy for the existing traffic control signal with street lights and signing on Trunk Highway No. 3 (Chippendale Avenue) at County State Aid Highway No. 50 (Elm Street) [Old North Junction Trunk Highway No. 50]; and turn back the existing traffic control signals on County State Aid Highway No. 50 [Old Trunk Highway No. 50] at Kenrick Avenue, 175th Street West - 175th Court West, County State Aid Highway No.9 (Dodd Road), and at 207th Street in accordance with the terms and conditions set fort~ and contained in Agreement No. 73142M, a copy of which was before the Board. BE IT FURTHER RESOL~ that the proper County officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the County all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Dakota City of Lakeville City of Farmington I hereby certify tha~ the foregoing Resolution is a . true and correct copy of a resolution presented to and adopted by the Board of the County 0: Dak8~a at a duly authorized meeting thereof held on the day of , 1997, as shown by the minutes of said ~eeting in my possession. County A~ditor (Seal) RESOLUTION BE IT RESOLVED that the City of Lakeville enter into an agreement with the State of Mir~esota, Dep~rtment of Transportation for the following purposes, to wit: To provide maintenance and electrical energy for the existing traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 35 West Ramps at County State Aid Highway No.5 - County State Aid Highway No. 50 [Old Trunk Highway No. 50); provide maintenance and electrical energy fo= the existing traffic control signal with street lights and signing on Trunk HigRway No. 3 (Chippendale ~~enue) at County State Aid Highway No. 50 (Elm Street) [Old North Junction Trunk Highway No. 50]; and turn back the existing traffic control signals on County State Aid Highway No. 50 [Old Trunk Highway No. 50] at Kenrick Avenue, 175th Street West - 175th Court West, Co~~ty State Aid Highway No.9 (Dodd Road), and at 207th Street in accordance with the terms and conditions set forth ~~d contained in Agreement No. 73142M, a copy of which was before the Council. BE IT FURTHER RESOLV3D that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. C::~lI?ICATION State of Minnesota County of Dakota City of Lakeville I hereby certify true and correct copy of a the Council of the City of thereof held on the shown by the minutes of tha~ the foregoing Resolution is a resolution presented to and adopted by La~e7ille at a duly authorized meeting cay of I 1997, as said ceeting in my possession. City Clerk (Seal) RESOLUTION BE IT RESOLVED that the City of Farmington enter into an agreement with the State of Mi~~esota, Department of Transportation for the following purposes, .to wit: ./""~/ To provide maintenance and electrical energy for the existing traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 35 West Ramps at County State Aid Highway No. 5 - County State Aid Highway No. 50 [Old Trunk Highway No. 50]; provide maintenance and electrical energy for the existing traffic control signal with street lights and signing. on Trunk Highway No. 3 (Chippendale Avenue) at County State Afd Highway No. 50 (Elm Street) [Old North Junction Trunk Highway No. 50]; and turn back the existing traffic control signals on County State Aid Highway No. 50 [Old Trunk Highway No. 50] at Kenrick Avenue, 175th Street West - 175th Court West, County State Aid Highway No.9 (Dodd Road), and at 207th Street in accordance with the terms and conditions set forth and contained in Agreement No. 73142M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTI?ICATION State of Minnesota County of Dakota City of Farmington I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Fa~,ington at a duly authorized meeting thereof held on the day of , 1997, as shown by the minutes of said meeting in my possession. City Administrator (Seal) 0~ TO: Mayor, Counci!Wbers, City Administrator jV' '-- FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SIJBJECT: 4th Street Outfall, Project Update DATE: December 1, 1997 INTRODUCTION The 4th Street Outfall project was an alternate bid item to the Elm Street project. DISCUSSION The 4th Street Outfall project was designed to provide a replacement storm sewer system for the existing collapsed storm sewer system north of the comer at 4th and Willow. Since the existing storm sewer was plugged, storm water would come out the top of the manhole in the park and flow down to the river, causing substantial erosion in the process. The new design would have included a ponding area (west of 4th, south of the river) that would have provided for the removal of sediments from the storm water before discharging into the river. However, this design was modified due to concerns over property acquisition. During the negotiation process to buy the land for the ponding area from Marigold Foods, several test holes were dug in the area to be occupied by the proposed pond. Substantial amounts of garbage and debris were encountered. Upon consultation with the City's environmental consultant and the City attorney, it was determined that the City could become liable for any environmental issues if the City were to purchase this piece of land. Additionally, the costs to remove the debris in order to construct the pond would have been substantial. Staff made the decision that purchasing the land in question for ponding purposes was cost prohibitive and not in the best interests of the City. Therefore, staff directed the contractor for the project to install a new pipe from the existing manhole in the park down to the river. The installation of this pipe resolves the problems caused by the existing collapsed pipe. BUDGET IMPACT The bid price for the 4th Street Outfall was S59,270. The construction cost to date of the storm sewer constructed from the existing manhole in the park to the river is $8,620. In the spring upon Citlj. of Farminl)ton 325 Oak Street · Farmin9ton, MN 55024 · (672) 463.7177 · FaK (612) 463-2591 completion of the sodding and other miscellaneous items, it is estimated that the total cost will be approximately $11,000. This improvement is being funded by the Storm Water fund. RECOMMENDATION This memo is for information. Respectfully submitted, ~7n~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file 0d. FROM: Mayor, Councilme~~s, and City Administrator /r1C-- Karen Finstuen, Administrative Service Manager TO: SUBJECT: Beer Off-Sale License Renewals 1998 Gaming Device Renewals and 1998 Billiard License Renewals DATE: December 1, 1997 iNTRODUCTION City Ordinance 3-2-5 states that the Council has the authority to approve Off-Sale Beer Licenses; Ordinance 3-25-7 regulates the granting of licenses for Billiard Halls; Gaming Device Licenses are renewed by the City Council after application has been made in accordance with Ordinance 3-16-2. DISCUSSION The following establishments have submitted their applications for renewal: Beer Off-Sale - Tom Thumb Superette, 22280 Chippendale Budget Mart, 705 8th Street Budget Mart, 18266 Pilot Knob Road Kwik Trip, 217 Elm Street Super America, 18520 Pilot Knob Road Gaming Device License - Farmington Lanes, 27 5th Street Farmington Billiards, 933 8th Street B & B Pizza, 216 Elm Street Billiard License - Farmington Billiards, 933 8th Street The appropriate forms, fees and insurance information have been submitted with the applications. Police Chief Dan Siebenaler has reviewed the forms and approved the applications. BUDGET IMPACT The fees collected are as proposed in the revenue portion of the budget. CitlJ of FarminlJ.ton 325 Oak Street · Farmin'Jton, MN 55024 · (612) 463-7111 · Fax (612) 463.2591 ACTION REQUIRED . Approve licenses for the above mentioned applicants. Respectfully submited, ~~~ Karen Finstuen Administrative Assistant be., TO: Mayor, Councilmembers, City AdministratorfL FROM: Brenda Wendlandt, I-Iuman Resources Coordinator SUBJECT: Labor Negotiation Settlements Maintenance Unit Clerical, Technical, & Professional Unit DATE: December 1, 1997 INTRODUCTION This memo has been prepared to update Council on the status of City labor settlements with organized employee groups in the Public Works, Parks & Recreation, Administration, and Liquor Store Departments. DISCUSSION Staff is pleased to announce that the City has reached an agreement with bargaining units in the above mentioned departments retroactive to January 1, 1997 and ending on December 31, 1999. This agreement provides for a 3% wage adjustment in 1997, a 2% wage adjustment on the 1 sl of January 1998, a 1% wage adjustment on the JSI of July in 1998 and a wage re-opener for 1999. These contracts also stipulate a change in the City's contribution to the employee group insurance benefit. The City will now contribute a flat rate to cover health, dental and life insurance. This flat rate will be not less that $390.00 for 1998 and if the City receives a rate increase in 1999, that flat rate will be no less than $405.00. Additionally, the contract settlements also provide for an increase from $75.00 to $100.00 in 1998 for a safety boot allowance and for an increase in stand-by pay to $12.00 per day in 1998 and to $12.36 per day in 1999. Attached to this memo is a financial analysis of the settlement with the units, which will need to be sent to the Bureau of Mediation Services. The attached Uniform Settlement Form (USF) must be presented to Council whenever it ratifies a new labor contract settlement. Copies of the USF will also be sent to the Legislative Commission on Employee Relations. BUDGET IMP ACT Settlement costs negotiated with both bargaining units are within the 3% amount budgeted in the adopted 1997 City Budget, and are within financial guidelines in the proposed 1998 budget. Citl) of FarmintJton 325 Oale Street · Farmint}ton, MN 55021, · (612) 1,63-7111 · Fax (612) 1,63-2591 . Mayor, City Council Members, City Administrator Labor Negotiations Update - AFSCME Contract Settlements Page 2 of2 Additionally, both contracts contain nearly identical language providing essentially the same benefits for both the maintenance and clerical, technical and professional units. ACTION REQUESTED Adopt the attached separate resolutions ratifying labor contract settlements for the Maintenance and Clerical, Technical and Professional units respectively, and acceptance of the Uniform Settlement Forms. Respectfully submitted, ~1l/<t!t: / Brenda Wendlandt Human Resources Coordinator RESOLUTION NO. A RESOLUTION APPROVING WAGE AND BENEFIT INCREASES BETWEEN THE CITY OF FARMINGTON AND THE AMERCIAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES OF THE CLERICAL, TECHNICAL AND PROFESSIONAL UNIT FOR CONTRACT YEARS 1997-1999 WHEREAS, the City of Farmington recognizes Council 14 as the exclusive bargaining representative under M. S. Chapter 179A, for the clerical, technical, and professional personnel classifications identified in the collective bargaining agreement; and WHEREAS, the City has negotiated in. good faith with representatives of Council 14 for the purpose of reaching a collective bargaining agreement on wages and benefits for contract years 1997 through 1999; and WHEREAS, M.S. 179A, Subd. 3, paragraph (n) requires completion and submittal of a Uniform Settlement Form to the governing body at the time a collective bargaining agreement is ratified, and where it is further the intent of this legislation to provide a standard basis for public employers and the public to compare the economic elements of the collective bargaining agreement; and WHEREAS, contract settlement terms have been successfully negotiated between the City and the membership of Council 14, Local 3815 in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) a three percent (3%) wage adjustment retroactive to the 1st day of January, 1997 in the collective bargaining agreement; a two percent (2%) wage adjustment on the 1st day of January, 1998; and a one percent (1 %) wage adjustment on the 1 st day of July, 1998. 2) The City and representative of Council 14 shall negotiate a wage adjustment to be effective on the 1 st day of January, 1999. 3) the City shall contribute a flat rate amount for health, dental and life insurance. This rate will be determined as insurance rates increase but shall be no less that $390.00 per month for 1998 and not less that $405.00 for 1999. 4) Acceptance of the attached Uniform Settlement Form for contract years 1997 through 1999, and further direct that this form be made available for public inspection during normal City business hours. Adopted by the Farmington City Council this 1st Day of December, 1997. Gerald G. Ristow, Mayor A TrEST: John F. Erar, City Administrator LeER Supplemental Uniform Settlement Reporting Form 101 Public employer name 102 Contact person name 103 Phone number of contact person 104 Name of exclusive representative City of Farmington Brenda Wendlandt (fd?) 41l1-1Rnll AFSCME 105 Unit composition (e.g.,police, clerical, comprehensive, etC.)Clerical, Technical. Professional 106 Is the unit essential or non-essential? Non-Essential 107 Base year calculation date (from BMS Instructions, page 2) 1996 108 Base year employees (from BMS Instrudions, page 2) 27 - F'T' F. 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Q) '" c: Q) .~ ...J co c: ro ...- ra c: a.Q) Q) E Vl>- ... 0 ..2- a. 1:E' Q)w E E >-0 ~--= I I I I I 1 I ~ ex: I ~ ~ I ~ : I -J ~ I 8 as I ~ co I ~ ~ I ~ :il ..c '" ;:) .... I 0 ~ . u .... I I 1 81 ,..: I ....l ~, fS In ~ I ~ :; 4IT I z ~ :E '" ;:) .... I 0 ~ I u .... . ~ In o 0"'" o ~x . Z 0 lI"\ ::Ea:> ~ 3ffi ~ o~ .fA- uas I ....l fS N o N ~ X Z 0 :E a:> ;:) eo:: ....l .... o ~ u .... VI 1: OJ E >- ra 0- OJ U c: ra ... ~ '" c: I I 01 ~I ~I ....l ~ I fS ~ ~ x Izo I ~ ffi ~ I 8 as I - I I I I I I I I I I .... I Lf'l '" OJ OJ ... ''::; OJ ~ '<:t 0"1 I co RESOLUTION NO. A RESOLUTION APPROVING WAGE AND BENEFIT INCREASES BETWEEN THE CITY OF FARMINGTON AND THE AMERCIAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES OF THE PUBLIC WORKS AND PARKS AND RECREATION UNIT FOR CONTRACT YEARS 1997-1999 WHEREAS, the City of Farmington recognizes Council 14 as the exclusive bargaining representative under M. S. Chapter 179A, for the public works and parks and recreation personnel classifications identified in the collective bargaining agreement; and WHEREAS, the City has negotiated in'good faith with representatives of Council 14 for the purpose of reaching a collective bargaining agreement on wages and benefits for contract years 1997 through 1999; and WHEREAS, M.S. 179A, Subd. 3, paragraph (n) requires completion and submittal of a Uniform Settlement Form to the governing body at the time a collective bargaining agreement is ratified, and where it is further the intent of this legislation to provide a standard basis for public employers and the public to compare the economic elements of the collective bargaining agreement; and WHEREAS, contract settlement terms have been successfully negotiated between the City and the membership of Council 14, Local 3815 in accordance with procedures establish.ed by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) a three percent (3%) wage adjustment retroactive to the 1st day of January, 1997 in the collective bargaining agreement; a two percent (2%) wage adjustment on the 1st day of January, 1998; and a one percent (1 %) wage adjustment on the 1 st day of July, 1998. 2) The City and representative of Council 14 shall negotiate a wage adjustment to be effective on the I st day of January, 1999. 3) the City shall contribute a flat rate amount for health, dental and life insurance. This rate will . be determined as insurance rates increase but shall be no less that $390.00 per month for 1998 and not less that $405.00 for 1999. 4) Acceptance of the attached Uniform Settlement Form for contract years 1997 through 1999, and further direct that this form be made available for public inspection during normal City business hours. Adopted by the Farmington City Council this 1st Day of December, 1997. Gerald G. Ristow, Mayor A TrEST: John F. Erar, City Administrator 101 102 103 104 105 106 107 108 109 110 111 112 LeER Supplemental Uniform Settlement Reporting Form Public employer name Contact person name Phone number of contact person Name of exclusive representative Unit composition (e.g.,law enforcement,clerical,comprehensive, etc.) Is the unit essential or non-essential? Base year calculation date (from BMS Instructions, page 2) Base year employees (from BMS Instructions, page 2) Date mediation requested (if applicable) Date strike notice given (if applicable) Oates of strike (if applicable) Tentative settlement date 113 Date arbitration requested (if applicable) 114 Name of arbitrator (if applicable) 115 Date of first arbitration hearing (if applicable) 116 Date final briefs filed (if applicable) 117 Date of award (if applicable) 119 Regional development number ( if available) ......, - ill.... 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C:-=Q" Yo!~ ::cO' ou ~ - Q co c: ..c: '0 D ~ <1J o u E C ~ ~ ..2:= 'c .2 ::l< o o . o o ("1) ..... ~ lI"I N C"l ~ II lI"I N >< C"l ..... o o lI"I r-- 0'1 ~ o o . lI"I r-- 0'1 ~ II lI"I r-- >< C"l ..... ~ c: c: o 0 -.:: -.; :013 "O::l <"0 ~W o ~ ......0 'EtlO <1J c: E"c ~'ca 0..': ("1) r-- II N lI"I~ \0 ("1) >< lI"I r-- . o lI"I N . >.\0 CUO '0..... "'" H~ <II P. II lI"I lI"I N \0 . C"l ..... ..... >< <1J U C ~ := .2 < '0 ~ - C o <1J - E ~ >- u ~ ~o.. cc~ ~~ U~ o o . o 00 C"l "'" ~ lI"I r-- lI"I N \0 o ..... "'" ~ ~ U I c: o ~ o >-- CCC ,<1J "OE c:>- ~~ V'lo.. 'E <1J E >- ~ 0.. <1J VI c: <1J "~ ...J co c: t; ~.... ~ c: Q.<1J ~E ~ >- ..2.2 Q. 'EE" <1Jw E E >-0 ~..:: I I I I I I I ~ o:l I Q ~ I ~ ~ :::> ffi ! 8 ~ ..... o I ~ o:l o 0'" ~ I ~ ~ ~ I ~ : ~Io~ . U w I I I ~I ~ I ~ '" ~ I ~ ~ ~ I ::E co :::> "" I 0 ~ I U w lI"I N ~ '" Q ;:; z 0 ::E co :::> "" ..... w o ~ U ~ iI ..... 00 o lI"I ~ ..... ~ N Q ~ z 0 ::E co :::> "" ..... w o ~ U a; VI 'E <1J E >- ~ c.. '<lJ U c: ~ ~ ::l VI c: I I I I lI"I I ..... N. I ~ N Q - ;x; I z~ ~ I ~ ffi ~18~ I I I I I I I I I I I .... , L/") VI <1J <1J ~ .';:; <1J 0.:: o:T ~ I co bf FROM: ~ayor, C~u~cilmemjers and CIty Admmlstrator~ Daniel M. Siebenaler Chief of Police TO: SUBJECT: School and Conference request Field Training Officer DATE: December 1, 1997 INTRODUCTION / DISCUSSION An integral component of the training program for any police officer is the Field Training Program. Experienced officers on staff are required to complete Field Training Officer's certification in order to provide that training. A Field Training Officer's basic course is being offered through the Dakota county Technical College. Staff is requesting authorization to send one officer to attend that training. BUDGET IMPACT The total cost of tuition is $250.00 and is. available in the existing budget. ACTION REQUESTED Information only. Daniel M. Siebenaler Chief of Police I CitlJ. of FarminiJton 325 Oak Street. Farmington, MN 55021, · (672) 1,63-7777 · Fax (672) 1,63-2597 fo~ TO: Mayor and Councilmembers FROM: Jo1m F. Erar, City Administrator SUBJECT: Council Policy - Commission Appointment Process DATE: December 1, 1997 Issues raised by Mayor Ristow regarding the appointment of citizens to fill vacancies resulting from resignations on City commissions has suggested the need to develop a written policy on this process. DISCUSSION An issue raised by Mayor Ristow concerning the process the City uses in filling vacancies on City commissions whereby individuals who were formerly interviewed by Council should be contacted first to fill the vacancy. It is my understanding that this has been an "unwritten" City practice for several years, but was not ,strictly adhered to by the City with the recent Park and Recreation Advisory Commission appointment. On this recent occasion, there was a citizen who had been regularly attending PARAC meetings, and was interested in filling the unexpired term. It was Mayor Ristow's suggestion that individuals previously interviewed by the Council should also be contacted for the vacancy which was consistent with past practice. Consequently, to ensure that this protocol is strictly adhered to, a written Council policy regarding the appointment process would be appropriate and desirable, and would serve to provide formal direction to staff in this area. BUDGET IMPACT None. ACTION REOUESTED Review and adopt the proposed Council Policy on City Commission Appointments. ResP;7 ~~ ~. Enrr City Administrator I CitlJ. of Farmint}.ton 325 Oak Street · FarminlJtonl MN 5502~ · (672) ~63-77 7 7 · FaK (672) ~63-2597 COUNCIL POLICY - 101-04-1997 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by tirst reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file, the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be.made as soon as practical. Appointments to till vacated seats during an unexpired term shall be in accordance with the City Code. ~h TO: Mayor, Councilmembers and City Administrator iK- FROM: Lee M. Mann, P.E. Director of Public Works/City Engineer SUBJECT: Receive Annual Weed Report DATE: December 1, 1997 INTRODUCTIONIDISCUSSION Minnesota Statutes require cities to submit an annual report of weed control. The necessary information has been compiled and the report is attached for your information. ACTION REQUESTED No action is required. This item is for information only. Respectfully submitted, ~ /Y()rz~ Lee M. Mann, P.E. Director of Public Works/City Engineer Citlj. of Farmint)ton 325 Oak Street. FarmintJton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591 - ANNUAL CITY REPORT OF WEED CONTROL FOR 1997 (Required by Minnesota Statutes Section 18.81) INSTRUCTIONS: Using black ink, please write/print legibly. Upon ccmp/etion and appropriate signatures, copies should be distributed to those individuals noted at the bottom of this fonn. Please submit this report to the Ccunty Agricultural Inspector by December 31, 1997. City County Date Farmington Dakota 11/13/1997 County Agricultural Inspector's Name Address Todd J. Matzke 21 Third St.. Suite 100, Farmington. Minnesota 55024 1. If you have appointed an Assistant City Weed Inspector, please indicate the person's name and address in the space provided: Name: Lee M. Mann, P.E. Address: 325 Oak St. , Farmington. MN 55024 Director of Public Woi.ks/City Engineer 2. How many weed inspection tours with the County Agricultural Inspector were made in your city this year? 1 3. Does your city have a special ordinance for weed and grass control? @Yes DNo In what year was this special ordinance adopted? Year: 1983 "t. How many notices to control weeds and grasses were served under this special ordinance? 16 5. If your city does not have a special ordinance, how many Inspectors' Notices (previously Form 1 's) were served to control noxious weeds on private property this year? n/a 6. How many times did your city hire or do the control work under either an ordinance or the noxious weed law in which the costs "'fere added to the landowners taxes this year? 0 7. What was the cost of spraying or mowing your city property Sprayed: Mowed: for weed and grass control this year? (Do not include brush control or snow removal costs.) $ 0 $ 3,000 8. What was the amount of money paid to the Mayor or the Assistant City Weed Inspector for weed work this year? (Include the costs of attending annual weed meeting, weed tours, $ 0 meals and mileage.) CITY OFFICIALS' SIGNATURES Mayor Address 325 Oak St. Farmington, MN 55024 Assistant City Weed Inspector Address 325 Oak St. Farmington, HN 55024 AG.JQ139.IQ 1919,) . C:Jt'!ES Onqlnal - ell..,. Mavcf' . 7wO:'::'<!5. C='Uf"ll" .\;rIC~i!u(alln!OeC!Of in aC':OfOanCe w.th :he Amp.r.cans ';V,t!1 ulsabllllles Act an 31lernal\! 'or!"'" :' :,:mmL;~IC3:.Cr"1S 3'1auaO!e upon request ~y 1-800/627.3529 bi TO: Mayor, Councilmembers, City Administrato~ Lee M. Mann, P.E., Director of Public Works/City Engineer FROM: StJBJECT: MnDOT Storm Sewer Agreement, TH3 and Larch Street. DATE: December 1, 1997 INTRODUCTION MnDOT has requested that Farmington enter into a coopenitive agreement for Storm Sewer improvements along Trunk I:Iighway 3 as a part of the Larch Street Access project. DISCUSSION MnDOT contacted city staff regarding their desire to extend a culvert in the median of TH 3 as a part of the Larch Street Access project. MnDOT wanted the City's contractor to do the work and in order for the State to pay the contractor through the City, a cooperative agreement needs to be in place between the State and the City. Attached is a copy of the agreement to be executed, which states that MnDOT is responsible for $11,500 of the cost of the median culvert, which corresponds to the cost of the culvert extension requested by MnDOT. The work has already been completed, and execution of the attached agreement is necessary for the City to request the funds to pay the Contractor. BUDGET IMPACT None, as MnDOT is responsible for the costs of the improvements. RECOMMENDATION Adopt the attached resolution executing the cooperative agreement for the median improvements along TH 3 at Larch Street. Respectfully submitted, Ok- Y11 ~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Citlj. of FarminfJton 325 Oak Street · FarmintJtonJ MN 55024 · (612) 463.7111 · Fax (612) 463.2591 RESOLUTION NO. R -97 RESOLUTION APPROVING AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR STORM SEWER IMPROVEMENTS ON IDGHWAY 3 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 1st day of December, 1997 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota, that the City of Farmington enter into MnDOT Agreement No. 76975 with the State of Minnesota, Department of Transportation for the following purpose: To provide for a lump sum payment of $11,500.00 by the State to the City as the State's full and complete share of the construction costs for 460 feet of 15-inch corrugated metal pipe'culvert installed within the T.H. No.3 median from Engineer Station 5 + 10 to Engineer Station 9 + 70 within the corporate City limits, which construction has been designated by the State as State Project No. 1920-36 (T.H. 3 =001) BE IT FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of December, 1997. Mayor Attested to the day of ,1997. SEAL Clerk! Administrator Certification State of Minnesota County of Dakota City of Farmington I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Farmington at a meeting thereof held in the City of Farmington, Minnesota, on the day of , 19_, as disclosed by the records of said City in my possession. SEAL City Administrator NOTARY 7 DESIGN SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 76975 S.P. 1920-36 (T.H. 3=001) State Funds The State of Minnesota Department of Transportation, and The City of Farmington Re: State lump sum payment for culvert construction by the City on T.H. 3 AMOUNT ENCUMBERED S11.500.00 AMOUNT RECEIVABLE (None) Mn/DOT Accounting Information: Fund: Org/Sub: Amoun<: Vendor Number: t:scal Yeu: Agency: T - 79 Contract: Order: Number/Date/Entry Initials N umber/Date/Signatures {Individual signing certifies thatfunds have been encumbered as required by Minn. StaL 9I6A.15.j Budget Office: (Authorized Signature) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the l'State" and the City of Farmington, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 76975 WHEREAS the City is performing street and storm sewer construction and other associated construction upon, along and adjacent to Trunk Highway No. 3 from Engineer Station 0+00 to Engineer Station 10+00 within the corporate City limits in accordance with City-prepared plans, specifications and/or special provisions designated by the City as City Project No. 96-21 and by the State as State Project No. 1920-36 (T.H. 3=001); and WHEREAS, at the State's request, the City has added the construction of 460 feet of 15-inch corrugated metal pipe culvert construction in . the Trunk Highway No. 3 median from Engineer Station 5+10 to Engineer Station 9+70 to its construction contract; and WHEREAS the State is willing to participate in the costs of the corrugated metal pipe culvert construction in the lump sum amount of $11,500.00 as hereinafter set forth; and WHEREAS Minnesota Statutes Section 161.20, subdivision 2 (1996) authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City has received bids and awarded a construction contract to the lowest responsible bidder in accordance with City plans, specifications and/or special provisions designated by the City as City Project No. 96-21 and by the State as State Project No. 1920-36 (T.H. 3=001). Execution of this Agreement shall constitute concurrence by the State in that award. The contract construction shall be performed in accordance with City plans, specifications and/or special provisions which are on file in the office of the City's Engineer, and are made a part hereof by reference with the same force and effect as though f~lly set forth herein. 2 76975 Section B. Direction. Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this Agreement shall be open to inspection by the State's Metropolitan Division Engineer at Roseville or his authorized representatives. Responsibility for the control of materials for the State cost participation construction covered under this Agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction". Section C. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State Division Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. Section D. Plan Changes. Etc. All changes in the plans, specifications and/or special provisions for the State cost participation construction covered under this Agreement and all addenda, change orders and/or supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this Agreement must be approved in writing by the State Division Engineer's authorized representative. Section E. Compliance with Laws. Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract 3 76975 construction, comply and cause its contractor to comply with all Federal, State and Local laws, including Minnesota Statutes Section 16B.101 (1996), and all applicable ordinances and regulations. Section F. Right-ot-Way, Easements and Permits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and/or any other permits and sanctions that may be required in connection with the contract construction. Prior to paYment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and/or other permits and sanctions required for the contract construction. The City shall, within 90 days after satisfactory completion of the City-owned utilities contract construction, submit to the Director of the State's Design Services Section five copies of a permit application, including "as built" sketche's, for all City-owned utilities c~nstructed upon and within the trunk highway right-of-way. Application for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525) . ARTICLE II - PAYMENT BY THE STATE The State shall pay to the City, as the State's full and complete share of the construction costs for the corrugated metal pipe culvert to be installed within the Trunk Highway No. 3 median from Engineer Station 5+10 to Engineer Station 9+70 within the corporate City limits under State Project No. 1920-36 (T.H. 3=001), a lump sum in the amount of $11,500.00. The State shall pay to the City the lump sum amount after the following conditions have been met: A. Encumbrance by the State of the State's full and complete lump sum cost share, 4 76975 B. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for the contract construction, and the approval of that documentation by the State's Land Management Director at St. Paul. C. Execution and approval of this Agreement and the State's transmittal of same to the City. D. Receipt by the State of a written request from the City for the advancement of funds. ARTICLE III - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY The City shall keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the City contractor's invoice(s) covering all contract construction. B. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction contract change orders and/or supplemental agreements. D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract construction attesting to the following: 1. Satisfactory performance and completion of all contract construction in accordance with City plans, specifications and/or special provisions. 2. Acceptance and approval of all materials furnished for the contract construction rela:ive to compliance of those 5 76975 materials to the State's current "Standard Specifications for Construction" . 3. Full payment by the City to its contractor for all contract construction. E. Copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A copy of the "a's built" plan sent to the District State Aid Engineer. ARTICLE IV - GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and/or parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State. Section B. Maintenance by The State Upon satisfactory completion of the corrugated metal pipe culvert construction to be performed within the Trunk Highway No. 3 median under the construction contract, the State shall provide for the proper maintenance of the culvert and all of the facilities a part thereof, without cost or expense to the City. Section C. Additional Drainaqe Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's 6 76975 Division Hydraulics Unit at Oakdale and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section D. Examination of Books. Records. Etc. As provided by Minnesota Statutes Section 16B.06, subdivision 4 (1996), the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the State and the City, and either the legislative auditor or the State auditor as appropriate. Section E. Claims All employees of the City and all other persons employed by the City in the performance of contract construction and/or construction engineering covered under this Agreement shall not be considered employees of the State. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction and/or construction engineering covered under this Agreement shall in no way be the obligation or responsibility of the State. All employees of the State and all other persons employed by the State in the performance of maintenance covered under this Agreement shall not be considered employees of the City. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on maintenance covered under this Agreement shall in no way be the obligation or responsibility of the City. 7 76975 Section F. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 (1996) and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section G. Agreement A~proval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Patricia Schrader, Municipal/Utility Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, Minnesota 55155, (612) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Lee Mann, City Engineer, or his successor. His current address and phone number are 325 Oak Street, Farmington, Minnesota 55024, (612) 463-1601. 8 . , 76975 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF FARMINGTON Recommended for approval: By Mayor By Division Engineer Date Approved: By By f~State Design Engineer Date (Title and Date) OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF ADMINISTRATION Approved as to form and execution: By By Assistant Attorney General Date <><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> State of Minnesota County of Dakota This Agreement was acknowledged before me this day of , 1997, by and (Name) , the Mayor and (Name) of the City of Farmington. (Title) Notary Public ~ ~... ~{.. * ,0 ~~ ~ C;," My Commission Expires 9 COUNCIL REGISTER Council Meeting on December 1, 1997 VENDOR 26-NOV-1997 (11:05) 0j 4 PAWS C/O CURT FINCH ------------------------------------------------------------------------------------------------------------------------ ACTIVITY' DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM <*> A J SPANJERS CO INC <*> ABH PROPERTIES <*> ADS ENVIORNMENTAL SERVICES INC <*> AERIAL COMMUNICATIONS INC <*> AIRTOUCH CELLULAR <*> ALCORN BEVERAGE CO. INC. <*> ALLEN, DAVID <*> AMERICAN ASSOCIATION OF RETIRE <*> ARCHIBALD, SANDY <*> ARROW EQUIPMENT CO <*> ASPENWALL TREE SERVICE INC <*> BECKER ARENA PRODUCTS INC <*> BELL, JIM <*> BONESTROO ROSENE ANDERLIK INC <*> BRfu~DL ANDERSON HOMES <*> BT OFFICE PRODUCTS INTERNATION POLICE ADMIN PROF SERVICES 840.00 OH 840.00* FIRE SERVICES OPER EQUIP PURCH 4,395.00 OH 4,395.00* 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* SEWER OPEATIONS PROF SERVICES 6,062.79 OH 6,062.79* ADMINISTRATION UTILITIES 55.92 OH COMM DEVELOPM2NT UTILITIES 45.21 OH SEWER OPEATIONS UTILITIES 18.28 OH SOLID WASTE UTILITIES 40.08 OH STREET MAINT UTILITIES 18.29 OH WATER UTILITY' UTILITIES 18.28 OH 196.06* BUILDING INSPcr UTILITIES 32.52 OH POLICE ADMIN UTILITIES 152.04 OH 184.56* LIQUOR MERCH FOR RESALE 11,570.15 OH 11,570.15* Senior Center OPER MAT & SUPPL 75.00 OH 75.00* Senior Center OPER MAT & SUPPL 72 .00 OH 72.00* c.r~' . -. ...~ . .. Recreation pr::s OPER MAT & SUPPL 10.00 OH " .'-::~ ":.C'.. ...,~ 10.00* FIRE SERVICES EQUIP MAINT/RENT 167.75 OH 167.75* TREE MAINTEN;':;:E SPEC ACT SUPPL 3,860.62 OH 3,860.62* ICE ARENA EQUIP MAINT/RENT 61.28 OH 61.28* RECREATION PRCGR SCHOOL & CONF 240.54 OH 240.54* COUNTY ROAD 3: PROF SERVICES 249.63 OH DEVLPR CAP PRC"; PROF SERVICES 13,098.54 OH ELM ST EXTENS:CN PROF SERVICES 3,923.82 OH ENGINEERING S~'I PROF SERVICES 4,550.00 OH G.1.S. PROF SERVICES 70.00 OH HWY 50 RE:ONS':"? PROF SERVICES 273.75 OH LARCH STREET PROF SERVICES 817.19 OH PARK IMPROVEM~;T PROF SERVICES 11,698.51 OH PLANNING/ZONI~:; PROF SERVICES 253.94 OH RESERVOIR CONS~ PROF SERVICES 3,227.44 OH SEWER OPE..;TIC:~.s PROF SERVICES 280.00 OH STATE AID STRE:::7 PROF SERVICES 144.97 OH STORM WAT:::R ~:~ PROF SERVICES 4,135.54 OH STREET MAINT PROF SERVICES 980.00 OH WATER UTILITY' PROF SERVICES 280.00 OH 43,983.33* SEWER OPE?.;T:::;':; USER :-EES 1. 38 OH 1.38* ADMDlISTRATIC:; OFF 1< PAPER SUPP 285.73 OH COUNCIL REGISTER VENDOR ACTIVITY 26-NOV-1997 (11:05) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM <*> ------------------------------------------------------------------------------------------------------------------ OH BT OFFICE PRODUCTS INTERNATION BUDGET OIL CO <*> BUG BUSTERS INC <*> BUSINESS RECORDS CORPORATION <*> CAMAS <*> CAREY, TOM <*> CARGILL SALT <*> CARLSON TRACTOR & EQUIPMENT CO <*> COLLEGE CITY BEVERAGE INC <*> COPY SALES INC <*> CUI - CAREER TEMPS <*> CUSTOM FIRE APPARATUS INC <*> DAKOTA COUNTY LUMBER COMPANY <*> DAKOTA COUNTY SOIL AND WATER <*> DAKOTA COUNTY TREASURER/AUDITO <*> DAKOTA ELECTRIC ASSOCIATION <*> DUEBERS DEPT STORE <*> DYNA SYSTEMS <*> GEN ACCOUNTING PRINT & PUBLISH BUILDING INSPCT TRANSPORT COSTS ENGINEERING SERV OPER MAT & SUPPL FIRE SERVICES TRANSPORT COSTS PARK MAINT TRANSPORT COSTS PATROL SERVICES TRANSPORT COSTS SOLID WASTE TRANSPORT COSTS STREET MAINT TRANSPORT COSTS WATER UTILITY TRANSPORT COSTS FIRE SERVICES ADMINISTRATION PARK MAINT SNOW REMOVAL STREET MAINT PROF SERVICES OFF & PAPER SUPP OPER MAT & SUPPL OPER MAT & SUPPL OPER MAT & SUPPL ICE ARENA PROF SERVICES SNOW REMOVAL OPER MAT & SUPPL STREET MAINT EQUIP MAINT/RENT LIQUOR MERCH FOR RESALE FIRE SERVICES UTILITIES ADMINISTRATI05 PROF SERVICES RESCUE SQUAD TRk~SPORT COSTS PARK IMPROVEM~iT CONSTRUCTION DEVLPR CAP PR:J MIS B.uILDING MAn.-:, EMERG MGMT SEP." FIRE SERVICES LIQUOR SEWER OPEATIC~5 SIGNAL MAINT STREET MAINT WATER UTILITY PROF SERVICES SCHOOL & CONF UTILITIES EQUIP MAINT/RENT UTILITIES UTILITIES UTILITIES PROF SERVICES UTILITIES UTILITIES POLICE ADMIN OPER MAT & SUPPL RECREATION PR:GR OPER MAT & SUPPL Senior Cente~ OPER MAT & SUPPL SOLID WAST::: STRE:::T MAINT EQUI P M.:lo.INT /RENT EQUIP MAINT/RENT 76.68 362.41* 30.04 106.20 81. 75 119.50 354.49 627.37 207.09 91. 83 1,618.27* 38.00 38.00* 33.78 33.78* 52.46 14.84 681. 00 748.30* 122.50 122.50* 254.29 254.29* 54.85 54.85* 7,166.35 7,166.35* 65.31 65.31* 1,139.18 1,139.18* 70.75 70.75* 326.16 326.16* 97.50 97.50* 60.00 60.00* 14.53 10.66 377.50 398.35 133.09 1,308.21 56.10 1,880.78 4,179.22* 6.18 24.70 5.80 36.68* 198.27 287.33 485.60* '. OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH ~'/.:'.: ;.~ ,:.) ~l OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL REGISTER VENDOR EARL F ANDERSON AND ASSOCIATES <*> ERAR, JOHN <*> FARMINGTON BAKERY INC <*> FARMINGTON EMPLOYEE CLUB <*> FARMINGTON INDEPENDENT <*> FARMINGTON PRINTING INC <*> FARMINGTON-SELECT ACCOUNT, CIT <*> FEDERAL RESERVE BANK <*> FEED-RITE CONTROLS INC <*> FERRELL GAS PRODUCTS CO <*> FINSTUEN, KAREN <*> FIRST NATIONAL BANK OF FARMING <*> FLANAGAN SALES INC <*> FRANK'S NURSERY & CRAFTS <*> FRITZ COMPANY INC <*> FRONTIER COMMUNICATIONS <*> FRONTLINE PLUS FIRE & RESQUE <*> GALL'S INC <*> GERTEN, RON <*> GOPHER STATE ONE-CALL INC <*> GRANNIS & GRANNIS P.A. 26-NOV-1997 (11:05) ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM PARK IMPROVEMENT OPER EQUIP PURCH 23,731.50 OR 23,731.50* ADMINISTRATION TRANSPORT COSTS 200.00 OR 200.00* HRA/ECONOMIC DEV MISC 6.00 OR Senior Center OPER MAT & SUPPL 7.45 OH 13.45* GENERAL FUND EMPLOYEE CLUB 43.00 OH 43.00* ADMINISTRATION PRINT & PUBLISH 166.05 OH FIRE SERVICES PRINT & PUBLISH 125.00 OH POLICE ADMIN PRINT & PUBLISH 30.00 OH SENIOR CITIZEN PRINT & PUBLISH 159.60 OR 480.65* COMMUNICATIONS PRINT & PUBLISH 733.64 OH SENIOR CITIZEN PRINT & PUBLISH 101. 80 OR 835.44* GENERAL FUND SELECT-PRETAX 988.18 OR 988.18* GENERAL FUND SAVINGS BONDS 25.00 OH 25.00* WATER UTILITY OPER MAT & SUPPL 1,693.08 OR 1,693.08* ICE ARENA TRANSPORT COSTS 85.38 OH 85.38* ADMINISTRATION OPER MAT & SUPPL 50.00 OH ,/..~ -.. ;~ r". 50.00* ~.- .... .;.- . ~.::::t-~ GENERAL FUND STATE TAX WITHHO 3,432.45 OH 3,432.45* STATE AID CONST SPEC ACT SUPPL 10,000.00 OR 10,000.00* Senior Center OPER MAT & SUPPL 88.33 OH 88.33* LIQUOR MERCH FOR RESALE 1,947.80 OH 1,947.80* ADMINISTRATION UTILITIES 1,840.55 OR COMM DEVELOP UTILITIES 28.86 OR ICE ARENA UTILITIES 28.86 OR LIQUOR UTILITIES 295.13 OR SEWER OPEATIONS UTILITIES 253.11 OH SOLID WASTE UTILITIES 28.86 OH WATER UTILITY UTILITIES 39.96 OH 2,515.33* RESCUE SQUAD OPER MAT & SUPPL 622.98 OR 622.98* PATROL SERVICES OPER MAT & SUPPL 144.98 OH 144.98* SEWER OPE~;TIC~S USER FEES 26.60 OH 26.60* SEWER OPEATIONS PROF SERVICES 335.13 OH WATER UTILITY PROF SERVICES 335.12 OH 670.25* ADMINISTRATION PROF SERVICES 275.50 OH BOARDS & CCMM PROF SERVICES 57.00 OH COMM DEVELOPME~~ PROF SERVICES 38.00 OH COUNCIL REGISTER VENDOR 26-NOV-1997 (11:05) ACTIVITY DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM --------------------------------------------------------------------------------------------------------------------~~--- GRANNIS & GRANNIS P.A. <*> GREG LARSON SPORTS INC <*> GRIGGS COOPER & CO <*> HEALTHPARTNERS <*> HEMISH, THOMAS <*> HENNEPIN TECHNICAL COLLEGE <*> HOLLATZ, LEE <*> ICMA RETIREMENT TRUST-457 <*> IKON CAPITAL <*> INNOVATIVE WARNING SYSTEMS INC <*> INTERNAL REVENUE SERVICE <*> JAHNZ, JOE <*> JASNOCH CONSTRUCTION <*> JOHNSON BROTHERS LIQUOR COMPAN <*> KENNEDY, DOREEN <*> KEYLAND HOMES <*> KRUEGER, JEFF <*> KWIK TRIP <*> LAKELAND FORD TRUCK SALES <*> LAKEVILLE PUBLISHING INC <*> LAKEVILLE, CITY OF DEVLPR CAP PROJ PROF SERVICES 425.00 OH ENGINEERING SERV PROF SERVICES 199.50 OH ICE ARENA PROF SERVICES 28.50 OH LEGISLATIVE CTRL PROF SERVICES 594.50 OH PERSONNEL PROF SERVICES 85.50 OH PLANNING/ZONING PROF SERVICES 1,236.50 OH POLICE ADMIN PROF SERVICES 2,612.50 OH SOLID WASTE PROF SERVICES 38.00 OH 5,590.50* Recreation Prog OPER MAT & SUPPL 11. 97 OH 11.97* LIQUOR MERCH FOR RESALE 3,985.11 OH 3,985.11* GENERAL FUND MEDICAL INS 2,714.86 OH 2,714.86* RESCUE SQUAD SCHOOL & CONF 155.18 OH 155.18* FIRE SERVICES SCHOOL & CONF 354.25 OH 354.25* PATROL SERVICES OPER MAT & SUPPL 17.97 OH 17.97* GENERAL FUND ICMA 3,408.90 OH 3,408.90* ADMINISTRATION EQUIP MAINT/RENT 287.89 OH 287.89* RESCUE SQUAD TRANSPORT COSTS 84.00 OH .\ 84.00* \~;,; GENERAL FUND FEDERAL TAX WITH 425.80 OH PAYROLL MISC 24.95 OH 450.75* FLEET MAl NT S=:?V PROF SERVICES 600.00 OH 600.00* SEWER OPERATIC~S USER FEES 52.55 OH 52.55* LIQUOR MERCH FOR RESALE 1,732.30 OH 1,732.30* SENIOR CITIZ2, SPEC ACT SUPPL 13 .31 OH 13.31* SEWER OPERATICNS USER FEES 45.01 OH 45.01* WATER UTILITY PROF SERVICES 100.00 OH 100.00* BUILDING INSPC: TRA.'lS?ORT COSTS 22.93 OH FLEET MAINT S~~V TRANSPORT COSTS 32.41 OH PARK MAINT TRA.'lS?ORT COSTS 316.95 OH PATROL SERVICES TRA.'lS?ORT COSTS 197.76 OH SEWER OPEATIC~;S TRANSPORT COSTS -9.04 OH STREET MAINT TRAJ.'ISPORT COSTS 510.42 OH WATER UTILITY TRANSPORT COSTS 47.76 OH 1,119.19* STREET MAINT EQUI P M.l\.INT /RENT 251.56 OH 251.56* POLICE AD~lI N DUES " SUBSCRIP 24.25 OH 24.25* FIRE SERVICES PROF SSRVICES 1,463.73 OH COUNCIL REGISTER VENDOR LAKEVILLE, CITY OF <*> LAW ENFORCEMENT LABOR SERVICES <*> LEMER, BILL <*> LILLEJORD, JOY M. <*> LITTLE FALLS MACHINE INC <*> LOCAL GVMT INFO SYSTEMS ASSN. <*> MACQUEEN EQUIPMENT <*> MARTIN, JUDY <*> MARTIN-MCALLISTER <*> MC NAMARA CONTRACTING INC. <*> MCALLISTER CONSTRUCTION <*> MEDICA <*> MENARDS <*> METROPOLITAN COUNCIL <*> METROPOLITAN COUNCIL ENVIORNME <*> MIDWEST LANDSCAPES <*> MINNESOTA AFSCME COUNCIL #14 <*> MINNESOTA BANKERS ASSOCIATION <*> MINNESOTA BENEFIT ASSOCIATION <*> MN BLUE DIGITAL <*> MORE 4 <*> MOTOR PARTS SERVICE CO INC <*> MVTL LABORATORIES INC <*> NORDSTROM, STEVEN <*> NORTHERN STATES POWER COMPANY 26-NOV-1997 (11:05) ACTIVITY CHECK AMOUNT CK-SUBSYSTEM DESCRIPTION PATROL SERVIC"'..s PROF SERVICES 2,927.44 OR 4,391.17* GENERAL FUND LELS UNION DUES 132.00 OR 132.00* SEWER OPERATICNS USER FEES 107.22 OR 107.22* RECREATION PROGR SCHOOL & CONF 36.79 OR 36.79* SNOW REMOVAL EQUIP MAINT/RENT 439.10 OR 439.10* GENERAL FUND ACCOUNTS PAYABLE 3,092.51 OR 3,092.51* SNOW REMOVAL EQUIP MAINT/RENT 202.85 OR SOLID WASTE EQUIP MAINT/RENT 3,263.33 OR 3,466.18* ICE ARENA OPER MAT & SUPPL 48.93 OR 48.93* POLICE ADMIN PROF SERVICES 612.00 OR 612.00* STREET MAINT OPER MAT & SUPPL 335.03 OR 335.03* ESCROW FUND ESCROWS PAYABLE 1,500.00 OR 1,500.00* GENERAL FUND MEDICAL INS 12,345.44 OR 12,345.44* PARK MAINT O~ER MAT & SUPPL 39.62 OR :;,,~~~'" ..::-\ , . ~ .,. . -. ~ 39.62* '~_~j~r SEWER OPERATICSS S.A.C. CHARGE 30,244.50 OR 30,244.50* SEWER OPE:>.TIOS5 MCES FEES 33,542.00 OH 33,542.00* STATE AID CONS:- PROF SERVICES 7,620.00 OR STORM WATER tJ":":L OPER MAT & SUPPL 9,983.00 OR 17,603.00* GENERAL FUND AFSCME UNION DUE 356.57 OH 356.57* COMM DEVELOP~IT SCHOOL & CONF 75.00 OH. 75.00* GENERAL FUND MBA/MN BENEFITS 278.73 OR 278.73* ENGINEERING S~:I OPER MAT & SUPPL 2,848.88 OR 2,848.88* BUILDING M.UNT OPER MAT & SUPPL 28.42 OR ENGINEERING S~:I OPER MAT & SUPPL 4.93 OH POLICE ADMIN OPER MAT & SUPPL 47.85 OH RECREATION PRO~ SPEC ACT SUPPL 54.85 OR Senior Ce:'~~e= OPER ~!AT & SUPPL 9.69 OR 145.74* STREET MAl NT EQUIP MAINT/RENT 46.15 OH 46.15* WATER UTILITY PROF SERVICES 42.00 OH 42.00* STREET MA:~T OPER M.=l.T & SUPPL 40.99 OH 40.99* E~lERG MG~17 S=:?:: EQUIP MAINT/RENT 6.28 OH COUNCIL REGISTER VENDOR ACTIVITY 26-NOV-1997 (11:05) DESCRIPTION CHECK AMOUNT CK-SUBSYSTEM -----------------------------------------------------------------------------------------------------------------------. OH NORTHERN STATES POWER COMPANY <*> NTFC CAPITAL CORPORATION <*> PAPER DIRECT INC <*> PARK SUPPLY INC <*> PENDL COMPANIES INC <*> PEOPLES NATURAL GAS <*> PERSONNEL DECISIONS INTERNATIO <*> PETERSON SEED COMPANY INC <*> PHILLIPS WINE AND SPIRITS INC <*> PROGUARD <*> PUBLIC EMPLOYEES RETIREMENT AS <*> QUALITY WINE AND SPIRITS CO <*> R & R SPECIALTIES INC <*> RENT 'N' SAVE PROTABLE SERVICE <*> REX ELECTRIC CORPORATION <*> SAUBER PLUMBING & HEATING CO. <*> SCHARBER & SONS INC <*> SCHMIDTKE FUELS INC <*> SCHMITTY & SONS SCHOOL BUSES <*> SHEFCRIK, TONI <*> SHIRLEY, ROBERT <*> SKB ENVIRO~lENTAL INC <*> SIGNAL MAINT ADMINISTRATION UTILITIES UTILITIES RECREATION PROGR OFF & PAPER SUPP BUILDING MAINT MIS EQUIP MAINT/RENT OPER MAT & SUPPL BUILDING MAINT UTILITIES EXCHNG BANK BLOG UTILITIES FIRE SERVICES UTILITIES HRA/ECONOMIC DEV UTILITIES ICE ARENA UTILITIES LIBRARY SERVI~S UTILITIES LIQUOR UTILITIES SENIOR CITIZES UTILITIES SOLID WASTE UTILITIES STREET MAINT UTILITIES SWIMMING POOL UTILITIES WATER UTILITY UTILITIES POLICE ADMIN PARK MAINT LIQUOR ICE ARENA GENERAL FUND LIQUOR ICE ARENA PARK MAINT ICE ARENA STREET MAIYr PARK MAINT SNOW REMOVAL Senior Cer.t:er POLICE ADMIN WATER UTILITY SOLID WAS7::: PROF SERVICES PROF SERVICES MERCH FOR RESALE OPER MAT & SUPPL PERA MERCR FOR RESALE PROF SERVICES PROF SERVICES EQUIP MAINT/RENT OPER MAT & SUPPL EQUIP MAINT/RENT EQUIP MAINT/RENT OPER MAT & SUPPL SCHOOL & CONF PROF SERVICES PROF SERVICES 2,910.68 2,916.96* 422.91 422.91* 92.15 92.15* 22.37 22.37* 99.00 99.00* 951.43 -187.97 138.45 30.29 1,806.53 411. 64 103.84 97.07 66.57 210.52 20.24 19.32 3,667.93* 1,435.00 1,435.00* 1,757.25 1,757.25* 1,088.31 1,088.31* 985.87 985.87* 8,350.37 8,350.37* 896.15 896.15* 38.40 38.40* 174.51 174.51* 34.00 34.00* 3.78 3.78* 352.51 352.51* 38.77 38.77* 222.00 222.00* 81.70 81.70* 350.00 350.00* 344.00 344.00* OH OH OH OR OH OR OH OH OH OH OH OH OH OH OH OH OH OH OR OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL REGISTER VENDOR SOUTH SUBURBAN TERRACE <"> SPElKER, MARILYN <"> ST CROIX COUNTY <"> STATE CAPITOL CREDIT UNION <"> STREICHER'S <"> SWEDIN, ANDREA <"> TAUBER, ROBERT OR REGINA <"> THELEN, LYNN <"> TOLL GAS AND WELDING SUPPLY <"> TRANS ALARM INC <"> TWIN CITY TRUCK EQUIPMENT INC <"> UNITED STATES FIGURE SKATING A <"> UNITED STATES POSTAL SERVICE <"> UNITED WAY FUND OF ST. PAUL AR <"> UNUM LIFE INSURANCE CO OF AMER <"> WALSH, PAUL AND MARY <"> WELCOME FRIENDS <"> WESTWOOD SPORTS INC - APPLE VA <"> WIER, MARVIN <"> X-ERGON <"> YETZER, MURPHY <"> Approvals: Ristow Cordes Fitch Strachan Gamer ACTIVITY Senior Center BUILDING MAIN'l' 26-NOV-1997 (11:05) DESCRIPTION OPER MAT & SUPPL OPER MAT & SUPPL GENERAL FUND CHILD SUPPORT GENERAL FUND ST CREDIT UNION PATROL SERVICES OPER MAT & SUPPL Recreation Prog OPER MAT & SUPPL Recreation Prog OPER MAT & SUPPL Recreation Prog OPER MAT & SUPPL SOLID WASTE SEWER OPEATIONS WATER UTILITY OPER MAT & SUPPL PROF SERVICES PROF SERVICES SNOW REMOVAL EQUIP MAINT/RENT ICE ARENA OPER MAT & SUPPL ADMINISTRATION OPER MAT & SUPPL GENERAL FUND GENERAL FUND UNITED WAY MEDICAL INS PARK MAINT SENIOR CITIZ~ EQUIP MAINT/RENT SPEC ACT SUPPL Recreation Pr=g OPER MAT & SUPPL WATER UTILITY STREET MAINT PROF SERVICES EQUIP MAINT/RENT Recreation Pr=g OPER MAT & SUPPL CHECK AMOUNT CK-SUBSYSTEM 13.00 13 .00" 8.00 OH OH 8.00" 125.00 125.00" 1,684.07 1,684.07" 731.24 731.24" 22.05 22.05" 15.00 15.00" 10.00 10.00" 5.58 5.58" 79.56 53.04 132.60" 437.18 437.18" 268.30 268.30" 1,000.00 1,000.00" 15.00 15.00" 228.20 228.20" 180.00 180.00" 15.00 15.00" 479.25 479.25" 200.00 200.00" 111. 69 111.69" 10.00 10.00" 299,898.21" <"> OH OH OH OH OH OH OH OH OH OH OH OH 0........;..'."..'. \;)~~~ ~} ~~ OH OH OH OH OH OH OH OH FROM: Mayor and City Council City Administrato~ Robin Roland, Finance Director 70.... TO: SUBJECT: South Suburban Medical Clinic Bond Sale DATE: December 1,1997 INTRODUCTION At the Council meeting November 3, 1997, the Farmington City Council authorized a public hearing on the sale of $1.6 million Health Care Facilities Revenue Bonds for December 1, 1997. DISCUSSION South Suburban Medical Center seeks to sell Health Care Facilities Revenue Bonds under Minnesota State Statutes 469.152-469.165. These bonds will partially finance the acquisition of the medical office building at 341 0 213th Street West in Farmington. The aforementioned statutes allow these bonds to be sold using the City as a conduit. However, since the City is not the borrower, the City has no fiscal responsibility for this debt. Certain resolutions and documents are required of the City under the Statutes. The resolution providing for the issuance and sale of the bonds is attached to this memo. A representative from South Suburban will be present at the public hearing to answer any questions. Alison Humphrey of the Dorsey & VVhitney law firm will also be present. BUDGET IMPACT None. ACTION REQUIRED Adopt the attached resolution providing for the issuance and sale of Health Care Facilities Revenue Bonds, series 1997 (South Suburban Medical Center Project). Respectfully submitted, a,,-#~ I Robin Roland Finance Director CitlJ. of Farmintjton 325 Oak Street. Farmin9ton,,uN 55024. (612) 463.7111 · Fax (612) 463.2591 COMPREHENSIVE STATEMENf The undersigned, being the duly qualified and acting Mayor of the City of Farmington, Minnesota, certify that the Gty Council has been provided by representatives of South Suburban Medical Center, Inc. (the Borrower), with certain information concerning a proposed project under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 through 469.165 (the Act). On the basis of such information the City Council, by resolution adopted December 1, 1997, has given approval to the proposed project and the financing thereof by the issuance of revenue bonds of the City. The following are factors considered by the Council in determining to give preliminary approval to the project: 1. The proposed project consists generally of the acquisition of land and a medical office building of approximately 11,000 square feet located thereon to be used by the Borrower 'as a part of its medical campus in the Gty. 2. Bond Counsel is of the opinion that the Project constitutes a "project" within the meaning of Minnesota Statutes, Section 469.153, subdivision 2(d). 3. The Borrower presently employs approximately persons in the City. While undertaking the Project is not expected to result in any material increase in employment, representatives of the Borrower believe that the undertaking of the Project will promote the public purposes and legislative objectives of the Act by assisting the Borrower in expanding its medical campus in the City, thereby helping the Borrower provide adequate health care services to residents of the City and surrounding area. 4. The Gty will provide the Nlinnesota Department of Trade and Economic Development (the Department) with the information required by Minnesota Statutes, Section 469.154, Subdivision 5, upon entering into a revenue agreement (as defined in the Act) with the Borrower, and the information required by Minnesota Statutes, Section 469.154, Subdivision 7, as required. 5. The Project does not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. 6. A public hearing on the proposal to undertake and finance the Project was conducted pursuant to Minnesota Statutes, Section 469.154, Subdivision 4 and Section 147(f) of the Internal Revenue Code of 1986, on December I, 1997, at 7:00 o'clock P.M., at the City Hall, at which public hearing all interested parties were afforded an opportunity to express their views. A draft copy of the application to the Department with all attachments was available for public inspection prior to the public hearing. Dated: December, 1, 1997 -2- Mayor Resolution No. Resolution providing for the issuance and sale of Health Care Facilities Revenue Bonds (South Suburban Medical Center Project), Series 1997, pursuant to Sections 469.152 - 469.165, Minnesota Statutes, and authorizing the execution of certain documents in connection therewith. WHEREAS, South Suburban Medical Center, Inc., a Minnesota nonprofit corporation (the "Company"), has requested that the City of Farmington, Minnesota (the "City") authorize the issuance of its Health Care Facilities Revenue Bonds (South Suburban Medical Center Project), Series 1997, in a principal amount not to exceed $1,600,000 (the "Bonds"), the proceeds to be loaned to the Company and used, along with certain other funds, to acquire a medical office building in the City located at 3410 213th Street West (the "Project") and to pay a portion of the costs of issuance of the Bonds; and WHEREAS, pursuant to the provisions of Minnesota Statutes, Sections 469.152 - 469 .165 (the "Act"), the City is authorized to issue the Bonds; and WHEREAS, pursuant to the provisions of the Act and Section 147(t) of the Internal Revenue Code of 1986, as amended (the "Code"), the City has held a public hearing on the proposed issuance of the Bonds on December 1, 1997 after published notice as required by the Act and Code; and WHEREAS, forms of the follov.ing documents relating to the issuance of the Bonds have been submitted to the City Council and are now on file in the office of the City Administrator: (a) Loan Agreement (the "Loan Agreement"), dated as of December 1, 1997, between the City and the Company, whereby, among other things, the City has agreed to sell the Bonds and loan the proceeds to the Company to finance the Project, and the Company has agreed to repay the loan at the times and in the amounts required to pay principal of, premium, if any, and interest on the Bonds; (b) Indenture of Trust (the "Indenture"), dated as of December 1, 1997, from the City to First Trust National Association, St. Paul Minnesota, as Bond Trustee, whereby the City authorizes the issuance of the Bonds and whereby the City assigns to the Bond Trustee its interests in the Loan Agreement (other than certain rights to indemnification and payment of expenses) as security for the Bonds; and (c) Assignment of Mortgage Agreement (the "Mortgage Assignment"), dated as of December 1, 1997, from the City to the Bond Trustee whereby the City assigns to the Bond Trustee all of its right, title and interest in the Mortgage Agreement, dated as of December 1, 1997 (a copy of which is also on file), granted by the Company to the City to secure its obligations under the Loan Agreement and the payment of the principal of, premium, if any, and interest on the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF F ARMINGTON, MINNESOTA, AS FOLLOWS: 1. Findings. It is hereby found and determined that: (!l) The City is authorized to issue the Bonds pursuant to the provisions of Minnesota law, and the issuance of the Bonds will promote the public welfare by assisting the Company in expanding its medical campus in the City, thereby helping to assure that adequate health care facilities will be available to residents of the City and the surrounding area. (b) The Company has represented to the City that the Project would not be undertaken at the present time without the provision of tax exempt financing by the City, but that the issuance of the Bonds by the City will permit the Company to complete the financing of the Project in 1997. (c) There is no litigation pending or, to the best of its knowledge threatened, against the City relating to the Bonds, the Loan Agreement, the Mortgage Assignment or the Indenture, or questioning the organization of the City or its power or authority to issue the Bonds or to execute and deliver the Loan Agreement, the Mortgage Assignment or the Indenture. -2- (d) To the best knowledge of the City, the execution and delivery of, and the performance of the City's obligations under, the Bonds, the Loan Agreement, the Mortgage Assignment and the Indenture do not and will not violate any material order of any court or other agency of government, or any material provision of any indenture,- agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (e) The Bonds shall recite that the Bonds are not to be payable from nor charged upon any funds other than amOtmts received by the Bond Trustee pursuant to the Loan Agreement, the Mortgage, or the Indenture, or funds and investments held by the Bond Trustee under the Indenture; the City is not subject to any liability thereon; no Holder of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City except the revenues specifically pledged to the payment thereof pursuant to the Indenture; and the Bonds do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. 2. Approval and Execution of Documents. The forms of Loan Agreement, Indenture and Mortgage Assignment referred to above are approved. The Loan Agreement, Indenture and Mortgage Assignment shall be executed in the name and on behalf of the City by the Mayor and City Administrator in substantially the form on file, but with such changes therein -3- as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. The Mayor and City Administrator are also authorized and directed to execute such closing certificates and other documents as may be necessary to complete the issuance and delivery of the Bonds, upon approval of the form thereof by bond counsel to the City, including a bond purchase agreement (a "Bond Purchase Agreement") with the Company and the Miller & Schroeder Financial, Inc. as purchaser of the Bonds (the "Purchaser"). 3. Approval of Terms and Sale of the Bonds. The final terms of the Bonds shall be as set forth in the Indenture and in the Bond Purchase Agreement. The Mayor and City Administrator are authorized to approve the final bond terms (such approval to be conclusively evidenced by the execution of the Indenture and Bond Purchase Agreement), provided that (i) the principal amount of the Bonds shall not exceed Sl,600,000, (ii) the average coupon rate of the Bonds shall not exceed 7% per annum and (iii) the final maturity of the Bonds shall not be later than 20 years from the date of issuance thereof. The Bonds shall be sold to the Purchaser at a price of not less than 98% of par, plus accrued interest to the date of issuance. 4. Execution and Deliverv of the Bonds. The Bonds shall be executed by the facsimile signatures of the Mayor and City Administrator, and the Bonds shall be delivered to the Purchaser upon payment of the purchase price therefor, and upon receipt of the signed legal opinion of Dorsey & Whitney LLP, of Minneapolis, Minnesota, bond counsel, and other documents as specified in the Indenture. -4- 5. Consent to Circulation of Offering Documents. The City hereby consents to the preparation and circulation of an Official Statement or Placement Memorandum by the Purchaser in connection with the purchase and marketing of the Bonds by the Purchaser, provided that any such Official Statement or Placement Memorandum shall recite that the City has neither participated in the preparation of the offering document nor made any independent investigation of the facts contained therein nor does the City assume any responsibility for the sufficiency, accuracy or completeness of the information contained in any such offering document. 6. Certifications. The Mayor and City Administrator of the City are authorized and directed to prepare and furnish to Dorsey & Whitney LLP, bond counsel, to the Company, the Bond Trustee and the Purchaser certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. -5- STATE OF MINNESOTA COUNTY OF DAKOTA The undersigned, being the duly appointed, qualified and acting City Administrator of the City of Farmington, Minnesota, hereby certifies that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of said City at its meeting duly called and held on December 1, 1997, by the following roll call vote: Ayes: Nays: Absent: and that said resolution has not subsequently been amended and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City this _ day of December, 1997. (SEAL) City Administrator -6- 7b TO: Mayor, Councilmembers and City Administrator~ Daniel M. Siebenaler Chief of Police FROM: SUBJECT: Towing Contract DATE: December I, 1997 INTRODUCTION In mid October 1997 staff received a request from Blaha's Towing to open the municipal Towing Contract to competitive bids. That information was forwarded to the City Council at the regular Council meeting of October 20,1997. The low bidder was recommended at the regular meeting of November 17, 1997. During that meeting several questions were asked regarding the lowest bidder and the matter was continued to December 1, 1997. DISCUSSION Staff has researched the questions presented by the City Council and other interested parties. 1) The first question concerned the mileage from the City of Farmington to Dakota County Towing. The distance was measured by staff twice at 7.6 miles from Dakota County Towing to the Farmington City limits at Highway 3 and County Rd 66. It is 8.6 miles from Dakota County Towing to Farmington City Hall. A tow from City Hall would therefore be charged for 3.6 miles. 2) The second issue was that of animals in the storage yard. Cattle were in fact kept in the storage yard during part of the Summer months in an effort to control weeds. After concern was raised by a member of the Police Department staff that practice was discontinued in early Autumn. On a recent visit to the yard there were no cattle in the yard and no sign of any having been there. 3) A question was raised concerning the application of the contract pricing to tows. The contract specifically states that its purpose is to "assure the provision of service as to type, availability, reputability, accessibility, adequacy and cost thereof." This statement would tend to indicate that all tows initiated by the police department would be covered under contract prices. There is, however another statement that says" This agreement does not involve or control voluntary requests of a private citizen, defmed as 'courtesy' services." While it may be in the interest of the City to clarify this point in future contracts. this statement has been interpreted to include tows from accident scenes allowing vendors to charge fees outside the contract. Invoices from Dakota County Towing indicate that their contract base price applies to all tows and that only the mileage is charged differently, at $2.00 per mile. I have included a cost sheet comparing actual invoice costs from last year to proposed costs by each of the current bidders. Copies of the actual invoices will be available for review at the meeting if so desired. 4) The final issue raised was whether the area of Dakota County Towing is zoned properly. Staff checked with the Clerk for Vermillion TO\\TIship and learned that all of Vermillion Township is zoned Agricultural and that storage is a permitted use in that zone. The owners of Dakota County Towing have been repeatedly assured by a member of the Vermillion Township Board that they were properly zoned. I requested written verification to that effect. At that point I was informed that there was no written documentation. I was told that the Board knew about Dakota County Citlj. of Farmin9ton 325 Oak Street · Farminr;ton, MN 55024 · (612) 463.7111 · Fax (612) 463-2591 Towing and had discussed it. I was also told that, while the storage is a pennitted use the actual towing and rental business is not a pennitted use. That use would require a Conditional Use Penn it. . When the practice was questioned, I was told that it is Township policy not to act on such issues unless there is a complaint. There have been no complaints against Dakota County Towing. At this point, although Vennillion Township has allowed the business to exist, Dakota County Towing is in technical violation. As of this date Vennillion Township has still not provided a copy of their ordinance. Staffhas obtained a copy from Dakota County Towing and has now learned that no use, other than agricultural, is pennitted. Board member Jim Rotty told me that there could be a Public Hearing for Conditional Use, but not in time to meet the deadline imposed by the City of Farmington of December I and even then, there is no guarantee of success. In response to this infonnation Dakota County Towing has obtained alternate facilities in the Village of Coates. That facility will be used until Dakota County Towing can arrange for a Conditional Use Penn it in Vennillion Township. Since the new facility is located approximately one mile further away, no mileage will be charged for that mile. Staff has been infonned that in the event a Conditional Use Penn it in Vennillion Township is denied, Dakota County Towing will relocate it's business in Farmington. The question of zoning remained a concern in Coates. Documentation has been requested and received concerning proper industrial zoning at the new location. I have discussed the issue of the new location with the City Attorney. The questions being: Does the change in address constitute a material change in Dakota County Towing's bid, thereby removing that company from consideration? Secondly, Can the City of Farmington raise the issue of zoning in a jurisdiction outside its respective authority to invalidate a vendor bid? In this particular case, the vendor has reportedly been in operation with full knowledge of the Township Board. As the zoning is essentially a non-related issue within the city, should it be considered a valid bid criteria? The City Attorney has agreed to research these issues and deliver his opinion at the City Council meeting on December 1. . ACTION REQUESTED Barring an opinion from the City Attorney to the contrary, pursuant to State Law, the towing contract should be awarded to Dakota County Towing as the lowest responsible bidder. Respectfully submitted, ~o~dSJ~, Daniel M. Siebenaler Chief of Police City of Farmington T owing Contract Bid Tabulation Bids for the City of Farmington towing contract were advertised for two weeks in local newspapers in accordance with established process. Bids were accepted from responsible contractors through 5:00 PM on Friday, November 7. Bids were opened at that time and tabulated as follows: CONTRACTOR: Blaha's Dakota Marek's TOWING/HAULING: Special Events (per hr) $40.00 $25.00 $50.00 $2JlQ 1UQ $2JlQ After 5 After 5 After 10 $25.00 $15.00 $30.00 $15.00 (114 hr) $20.00 (flat) $20.00 (flat) 00- lliL.- $35.00 $40.00 $28.00 $40.00 Base Tow Hauling per loaded mile Dolly Winch Police Vehicles SPECIAL CHARGES: Service calls $20.00 Pull drive shaft $25.00 Unlock N/A Tire change $ 5.00 Release at scene' $20.00 Snow shoveling (pr 1/4 hr.) $15.00 Car starting $15.00 Disconnect linkage $25.00 Storage per day $12.00 Administrative fee 00 $20.00 $ 5.00 $20.00 $20.00 $20.00 $ 5.00 $20.00 $ 5.00 $10.00 00 $35.00 $10.00 N/A $35.00 $35.00 $10.00 $35.00 $10.00 $15.00 00 The following is a list of actual invoices from the most recent contract period compared to prices under proposed bids of all three towing contractors. Comparisons are made based on actual services rendered and the assumption that neither Blaha's Towing or Marek's Towing will charge mileage. 1998 Bid Comparisons Actual Proposed Invoice 1997 Dakota Blaha Marek's 1587 $62.30 $62.30 $58.58* $74.55 2053 26.63 26.63 42.60 42.60 2503 47.27 53.68 68.16 85.20 2215 56.70 62.30 68.16 85.20 2662 49.52** . 66.56 80.94 101.18 2510 49.52 66.56 80.94 101.18 2522 53.04 59.43 68.16 85.20 3000 62.84 75.62 93.72 117.15 3164 47.93 54.32 68.16 85.20 3241 26.63 26.63 42.60 53.25 3374 54.32 60.71 68.16 85.20 Total $536.70 $614.74 $740.18 $915.91 Cost of Average Tow: $48.79 $55.89 $67.29 $83.26 *Based on assumption that winch would take 15 minutes or less. **Error in addition that benefited customer by $7.00. l _ r"""~'" I'. ,., ~ i f~ ., I n t,. I~ : Ii! f$. P I,j l ./t-f.\.Cfes ~~..,eJ../itn;te.J- ;lIdI.A.6t',..,'eJ.. /-97 / ,j',",.;]I~lhlal.~~ --------- I thr1!. "Z-41'\t....J... /1 M.ho. :.....LtS(r;<<l- " dJ, .... " ..' H ij II .. !i. f:- , iJ W.. :' ~ . . ~ .. . .. -1 ~ U .. .. :}fl ~ ~~l:l1m."!1ll:z:mft...", . ~m ~ 11 .~ n ~\ 11 \ r \ j:; \\ ~_~"'!~C'~ CITY OF COATES Jrj\f\'tIf1\' '. 7 v.::e \t;\ ~ 4' ~ ,~~ ~!f.:i~'!!n'~*!m!:lI':eli'lli . , DAKOTA COUNTY, MINNESOTA !<<,>>l URBAN RESIDENTIAL ,r<::rttr::l COM MER C IA l .~ INDUSTRIAL I I AGRICULTURAL K~~':,'~:/~':j CONSERVATION O S,e.".r", CJ [J t:::::J t::::J c:::::J t::::J o <00 800 1200 1600. 2000 PR[PARrO', DAKOTA tOV"'" II\....NNIHQ 0('4"""["1 JUN(I,r, ZONING MAP '. November 24, 1997 TO WHOM IT MAY CONCERN: My name is Robert Johnson and I am the owner of Johnson Welding located at 16295 Clayton Avenue, Coates, MN 55068. My phone number is 480-8861. I have agreed with Dakota Towing Inc. to lease to them office facilities and storage facilities at the above address which are sui table and secure (both inside and outside). The storage is within an area which is locked at all times and has a chain link fence at least seven (7) feet in height. I have further agreed with Dakota Towing Inc. that my company will agree to provide necessary accommodations to permit the reclaiming of stored vehicles on the above described premises Monday through Friday from 8:00 a.m. to 5:00 p.m. and by appointment on Saturdays, Sundays and holidays. I have agreed to enter into this agreement with Dakota Towing Inc. in the event it becomes necessary in order to satisfy conditions of the City of Farmington relating to the towing contract with Dakota County Towing n ?!~ TO: Mayor and City Council City Administrator!.?L FROM: Robin Roland, Finance Director SUBJECT: 1998 Proposed Budget Revisions DATE: December 1,1997 INTRODUCTION On August 4, 1997, Council received the Proposed 1998 City Budget. This proposed budget was reviewed at a Council workshop on August 19, 1997. Budget estimates at that time were based on Dakota County estimates, which have recently been revised. These revisions affect the revenue and tax rate portions of the budget. DISCUSSION As discussed with the City Council in August, the City's 1998 estimated Net Tax Capacity Value at that time was $6,143,922. This estimate was given to the City by Dakota County based on their most current information. Several months have passed and the County has revised its estimates, as they continually do, to include the most recent information available. As of November 2,1997, the 1998 estimated Net Tax Capacity for the City is $6,099,650. Other numbers crucial to the computation of the City's Tax Capacity Rate for 1998 have been formalized and the Tax Capacity Rate formula has been revised. A copy of this determination is attached and will be reviewed at the meeting. The effect of these changes is to reduce the 1998 Tax Capacity Rate from the August 4th proposed rate of 33.75% to 33.5%. This is the Tax Capacity Rate used in computing the Truth in Taxation notices which were sent to Farmington residents in the last two weeks. BUDGET IMPACT Revised pages for the budget document are attached with this memo. These pages reflect a shift between categories of revenue and an updated version of the appropriate charts. These pages should replace those in the Budget Document you now have. Total proposed Revenues, Expenditures and Fund Balance did not change. ACTION REQUIRED For information only. The Truth in Taxation meeting on December 3, 1997 will address any and all 1998 Proposed Budget and Tax Capacity Rate issues. Respectfully submitted, M:#J I CitlJ of Farminfjton Robin Roland Finance Director 325 Oak Street · Farmington, MN 55024 · (612) 463-7111 · Fax (612) 463-2591 Determination of Proposed 1998 Tax Capacity Rate Fiscal Disparities Dist. (1) $ 1,132,487 X 1997 Tax Capacity Rate of equals $ 395.272 in Fiscal Disparities Distribution the City of Farmington will recieve in 1998. 34.903% . 1998 1997 1996 Farmington requested levy for 1998 is (2) 2,496,208 $ 2,351,293 1,988,650 Minus Fiscal Disparties Distribution 395,272 $ 329,393 $ 286,252 Minus HACA\LPA Credit 394,928 . $ 391,995 376,748 Minus Equalization Aid $ Equals Levy to Collect $ 1,706,008 $ 1,629,905 $ 1,325,650 1998 Net Tax Capacity (3) 6,099,650 $ 5,535,693 4,447,756 Less Local contribution to Fiscal Disparities (4) 359,203 326,102 275,864 Less Amount to Tax Increment (5) 648,306 539,783 359,168 Amount used to determine Tax Capacity Rate $ 5,092,141 $ 4,669,808 $ 3,812,724 1998 Tax Capacity Rate will then be 1,706,008 (adj. Levy) divided by $ 5,092,141 (adj. tax capacity value) equals: 33.5028% 34.903% 34.769% (1)According to County Properly Tax Division. (2)State mandated Levy Limit of $2,748,479. 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Minnesota Property Tax Levy General Fund Levy Certified 1996 838,084 1997 Adopted 1,072,754 1998 Preliminary 1 ,111,008 Debt Service Funds Supplemental Levy 42,608 Against City Property 314,051 361,696 361,239 Equipment Certificates 128,515 150,455 146,153 *Total Debt Service 442,566 512,151 550,000 Capital Project Levy Fire Levy 45,000 45,000 45,000 Total Capital Projects Total City Levy 1,325,650 1,629,905 1,706,008 HRA Levy TOTAL LEVY 1,325,650 1,629,905 1.706,008 Tax Capacity Rate 34.769% 34.903% 33.503% **Adjusted Tax Capacity Value $ 3,812,724 $ 4,669,808 $ 5,092,141 *Preliminary 1998 Debt Service Levy is based on City's Debt Management Study. ** Adjusted Value determined by deducting Fiscal Disparities and Tax Increment estimates. ').-, , ili !! u Gl 15 c " Gl Co ~ 9 en c . . IX) Cl> Cl> ... a.. ClQ co 0 co ';fl. 0) 0) 00 0 0 ... NO N N Q" cOo cO N "<tlO en en.lO "<t N "- Cl> ..... ';fl. 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Cii 0 - en Q) ~ U N 0 0 0 co "<t "<t <D 0 .~ ~ c:o ('1) ..... 1.0 I"- 0) <D 0 c:o c:o 0 1.0 0 1.0 N 0) ('1) Q) I"- W cO 0)- 1.0 en C> N c:o <D ..... ..... <D ..... t 0) 1.0 ('1) 0) ('1) N 1.0 0) 0 N ..... 1.0 0 ..... ::::> 0. ~ 0. 1Il ::J Z en W "0 :E c: ~ ro 0:: Q) <C > Q. ;; W ro C (jj 'en z ~ 0 i= ai Cii > <C ;; - 0:: ~ ~ ~ iii "0 r.n 'c z c: Z 'E 0 ::J :i i= l.L. "0 Cii C ro Q. Cii ~ <C en 0:: Q) Q) U (5 c: "0 en en ~ Q) .:; c: C> 0 w c: ,Q 'E 0 - ~ .Q ro Q) 0 0. E c:z. Q) ro Qj ,~ t:: 'E .~ ~ en c: Q) Q) .- iii c: ro EU ro c: ::J U .C c: .Q E 0. ~ t:: Q) U; " 0 Q) Q) '- 'E en ts E 0 Q. roJ::. '01 Cl3 ~ en Q) 0.- Q) 0 "0 Q) 0 Q)- ....J 0 <( c.. ::iE m U o ~ c:"O o c: ~.2 ~ "0 - .!a c: ~ 0:: c: ro W 'E en 5 1Il ..... N 0 ..... N ('1) "<t E ::iE 0 0 ..... ..... ..... ..... ..... "0 i= ..... ..... ..... ..... ..... ..... <( ro U ::::> ~ Q) Ol <( Z J::. e ~ 0. gb TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: 1998-2002 CIP Council Workshop DATE: December 1, 1997 The purpose of this Council workshop is to review proposed capital improvement projects for the next five (5) years, and finalize the list of projects planned for completion in 1998. The draft 1998-2002 CIP document, to be distributed to Council at this evening's meeting, has been prepared and reviewed by the management team. It should be emphasized that the CIP is a strategic planning document, as each individual project will need to be approved and ordered pursuant to the CIP Project Development and Process Authorization Schedule. DISCUSSION Proposed CIP project expenditures for 1998 total $8,555,096, including the recently discussed Ash Street and Prairie Waterway III. Council has indicated that given the fmancial issues involving these two projects, participation by the City may not be feasible. If Council makes that determination at this evening's meeting, proposed expenditures will be deleted from the draft document. Total proposed 1998-2002 CIP project expenditures are estimated at $45,482,067 with a variety of proposed funding sources underwriting project costs. Again, each public project would need to be individually ordered and approved by Council throughout the upcoming year. BUDGET IMP ACT Project costs are estimated in the Draft 1998-2002 CIP document. Upon Council approval of the 1998-2002 CIP, feasibility studies for all qualifying 1998 projects will be conducted. ACTION REOUESTED Schedule a Council Workshop for Wednesday, December 17, 1997 at 7:00 p.m. in the Council Chambers for the purposes of reviewing the 1998-2002 Capital Improvements Plan. Respectfully submitted, 1t!ft:. I Citl}. of FarminfJ,ton 325 Oak Street · FarminfJtonl MN 55024 · (612) 463-7111 · F~ (612) 463-2591 8c FROM: Mayor, Councilmembers, City Administrato~t1 ;() Lee Smick, ~ Planning Coordinator TO: SUBJECT: East Farmington 4th Addition Preliminary & Final Plat DATE: December I, 1997 INTRODUCTION East Farmington 4th Addition is located south of County Road 72, east of South Suburban Medical Center and west of the Prairie Waterway and will consist of65 single-family lots on a 16.3 acre site. DISCUSSION The proposed plat consists of four blocks varying from 16 to 18 lots in each block. The lot sizes range from 6,000 to 9,500 square feet and each block provides parkland in the center of the block. The single-family lot configuration reflects the recently approved PUD amendment to revise a 65 unit multi-family area to a 65 lot single- family configuration. At the October 28th Planning Commission meeting, the Commission recommended denial of the proposed plat on the following two issues: 1. Private driveway accesses on collector streets should not be allowed. 2. Issues allowing private streets within the East Farmington PUD. The developer originally submitted the plat showing seven lots fronting County Road 72 requiring driveway accesses for each lot. Dakota County's Plat Commission reviewed the plat on September 22nd and determined that County Road 72 is scheduled for turn-back to the City and Empire Township and does not meet County guidelines, however, the status of the road being turned-back is not known and has not been pursued since 1987. Therefore, the Plat Commission recommended that the City and the developer investigate other alternatives for access to reduce the number of drivevvays needed. The Zoning Code states in section 11-4-3(G) that there shall be no direct vehicular or pedestrian access from individual lots to such collector streets. Since County Road 72 is designated as a collector in the City's Thoroughfare Plan, no direct access from individual lots may take place on a collector street. Therefore, City staff recommended an alternative to the individual driveway accesses shown on the plan, and required that the developer review the above alternative, or design additional alternatives to insure that compliance of the Code is upheld. Upon recommendations by the Plat Commission and the City, the developer has submitted a revised configuration showing two accesses, thereby reducing the number of original accesses by five. Block A is designed with a 28 foot wide, 130 foot long private street accessing County Road 72 along with four 6,012 square foot lots fronting the private street. This configuration eliminates the three individual driveway accesses shown in the original plan and meets the requirements of the Zoning Code. Block B, located at the northeast section of the plat. also proposes a private street to the existing Sauber home with four 7,500 square foot lots fronting the street. The street will allow for safer traffic movement City of FarminfJ.ton 325 Oak Street. Farmin(jton, AIIV 55024 · (612) 463-7111 · Fa,'( (612) 463-2591 generated from the lots by allowing vehicles to access County Road 72 face first rather than backing onto the road. The private street consists of 120 linear feet and the Engineering Division requires the street to be curbed and built to City standards of28 feet in width. . The second issue addressed by the Planning Commission concerns private streets allowed in the East Farmington PUD. The Planning Commission has raised arguments concerning the question of maintenance of the private street and the overall design of the private street cluster. The developer has stated that the private street will be maintained by the East Farmington homeowners association. The Fire Department has also raised concerns about the lack ofa cul-de-sac at the end of the proposed private streets citing turn-around problems for emergency vehicles within the clusters. The Fire Code requires that access roads shall be provided to any building located more than 150 feet from a fire apparatus access. Since the private street in Block A is 130 feet in length and does not propose a building to be located at the southern end of the street, a turn-around is not required. However, since an existing building is located at the end of the proposed private street in Block B, and is 155 feet from a a fire apparatus access, a turn- around is required. The Minnesota State Fire Marshall's office was contacted concerning approved turn- arounds and they have recommended a 20 foot wide alternative to a hammerhead configuration. Sienna Corporation has complied with the State's recommendations as shown on the plan. The Fire Code also states that an unobstructed width of20 feet is required for fire trucks and there is a need to limit parking to one side on the private street since the roadway will be 28 feet in width. Therefore, City staff recommends that parking be limited to one side of the private street. The Parks Director discussed the parkland contribution fees required for the plat with the developer's engineer. Park fees will be collected for the plat and will be used in the park fund at a later time. At the October 14th Planning Commission meeting, the Parks & Recreation Board was interested in requesting a portion of the northeast comer of the plat to be dedicated for park purposes. Since that time, the City Engineer has determined that a storm water pond be located in this area to handle runoff more effectively for this plat. The Parks Director has agreed to this solution and will accept park dedication fees from the developer to meet requirements of the City Code. ACTION REQUESTED Approve the East Farmington 4th Addition Preliminary & Final Plat contingent upon Engineering approval. ReSpeC~-,JlY submitted, n >" l/f;;:t: ~ Lee Smick, AICP Planning Coordinator ",......, ""-'''Jr ~ [i].- - tcn, .. ~t 'N'.... 'n II 14 ...u r 11-. ~.'-" _ .._. ~Q.l.3.\ljf1S I ~nNl!)N3 I SlOHH'f"1d \ ~7":::':: 'JU! 'I\!H'~ saw-ef \ -=..- / .::~{.~ Nowaov H.umO:l NOl.~NI"'HV:l l.S'f3 is ~ I1III1 ~ ; ~ a " !Ii1'f ! z ---S' [] .L3311.LS H.LN33111nO:l dl ~i=l ;:l ... c:J . I c:J G []L:]D N Ii r--'! ~ po. ~ r c:J G G 0 GJ ... G ... : ... G " ... ... ..:" 0: ... r4l 0:: ... 0: .. ... <C . 8 I '" ~ , G G :n ~ ,----, t:l ~ n r:l r-;l r--l ~ I "" ~ I ' , :!: ! ~ i ! : I ~ ; - i ----! i - ! ~ '~ i 0 .L-J ~ L---J L---J ~ '------' ----1 <C 0 a:: 133111S H1H33111tHl z I:l ~ ,-----, , , r-- I:l ~ r----: 3~ LJ i i , I ~ I '" i : <<) i ~ 'L.J I '" i LJ ~ ~ 1 ~ ~ '-----' L---J '---- ~ > "- .----, ~ 3 ~ : I i ;. r----! :: : I ... i ~ ' . f . . ...: on '---- ~ ~ ~ ~ II II ' ; ~ " ~ ~ ... : I ~ I " a:: : !::! .: I < c. 0 0. : J ,. .1 : L- ~ ... ~ ~l Z ~ 1 0 :::> N -=-1 ~ 0 , . e----! u ~ .J ,- ~I- - - -I~ dl -I~ !: i . , ,...,; CQ; . on :1 ... :: : ~ ~ I ... I - I - -. ' -, - ~I~ 1----1 _____ BJtllS HU13M1 l"') LDC...\TION ~fAP: CO. ROAD NO. 72 ,\}.. $' o z >- <: $: J: <.:> J: :::JC Z ::> a:= t- W t- <: t- V> " : ;. ..' ~". -'. '"'"'" , I:: t '. . . I II.:. . !' I : . .'., .: I . .. I. :. t : ! '. .. . ., \t... ,. '?~ ! ~ i:Yi i ,,\~ ~<v ,\tx '-)<V .~'.r'r0. -I II' "' r~:..' . ':..::r:~r.\ r~ ; I .::;: '0" .. .'--: J It '-'. !.\....f1( II STATE TRUNK HIGHWAY NO. 50 . SECTIO~ 32, TOrrnSIDP 114, RANGE 19 NO SCALE .' H / OAI<OTA COU,\}T)I ~....r. I ". ..: ko' _ t..'.... '. ...._' '.':--. ',. .. . :.'",:- ..: '" :.. .0'.;... '.. \. :' :.~: . .. ;. f-: ::-".-;:... SU;:;\'EY (. LL.S:> II'\FO='hl.L.T1C" : ErL.;;ihl.EI'\T "..:;.:": :-,:.....:.\.:. ~':"'" ~ r :.. \, ~.: ~:.. -: :. ~ :.- ~.....~ \.:..~t::' ~.. .,.,,:Sc.-~ ::~':": ::.'.:' September 23, 1997 City of Farmington . 325 Oak Street Farmington, MN 55024 ATTN: RE: Lee Smick, City Planning COOi:nnator EAST FARMINGTON FOURTH ADDITiC~ Dear Ms. Smick: . The Dakota County Plat Commission met on Septem~er 22, 1997, to consider the preliminary plat of EAST FARMINGTON FOURTH ADDITION. Said plat is adja~~t to County Road 72 and is, therefore, subject to the Dakota County Contiguous Plat Ordinance. Previous reviews of the EAST FARMINGTON plats t".ave been based on the idea that County Road 72 is scheduled for turn-back to the City and Empire Township, and therefore, did not need to meet the County's guidelines. The FOURTH ADDITION is proposing 7 new individual residential driveways onto County Road 72. The Plat Commission has always recommended that. whenever possible, private driveways should not be allowed onto County Roads. Because of the low traffic projections on this road, the guideline does allow driveways based on engineering judgement. The status of this road being turned-back is not known and has not been pursued since 1987. The Plat Commission recommends that the City and developer investigate other alternatives for access to reduce the number of driveways needed. The County will contact the township to get their input on the turn- back. The Ordinance requires submittal of the final plat before a recommendation is made to the Count~ Board. No work shall commence in (he County right of way until a permit is obtained from tr-Ie County Highway Department and no permit will be issued until the plat has been filed. The Plat Commission does not review or approve actual engineering design of proposed accesses and other improvements made in the right of way. The permit process reviews the design and may require construction of highway improvements not discussed during plat reviews, including, but not limited, to tum Janes, drainage features, etc. /~;fJ.;df~~ Gary H. Stevenson Secretary, Plat Commission cc: Tom Swanson, Permits Technician Jim Sturm, James R. Hill, Inc. Cl.,....'n,.. ,...~ '"'-v,.lp''' "._1"\.410' ,r' l"'I::"''\I-Conswmer -~. ,:.r-; EOU':'L OPPQRTUPIITY E!/.p.OVER To: Farmington Planning Commission From: Lee Smick, Planning Coordinator Date: October 28, 1997 RE: East Farmington 4th Addition Preliminary & Final Plat Planning Department Review Applicant/Owner: Rodney Hardy Sienna Corporation 4940 Viking Drive Suite 608 Minneapolis, MN 55435 Surveyors/Engineers: Jim Sturm James R. Hill, Inc. 2500 West County Road 42, Suite 120 Burnsville, MN 55337 Referral Comments: 1. Revised Site Plan Plat Data Location of Property: The property is located to the south of 213th Street (County Road 72) and to the east of South Suburban Terrace. Zoning: The property is zoned R-2 PUD (Medium Density - Single Family). Proposed Development: This development consists of 16.3 acres of land to be subdivided into 65 single-family lots. Streets: This plat dedicates right-of-way for four streets. The first street is the continuation of Twelfth Street, a north/south street, platted at approximately 764 feet in length. The second street north/south street is Thirteenth Street, platted approximately 764 feet in length. The third north/south street is Fourteenth Street, platted approximately 408 feet in length. The only east/west street is Elm Street, platted approximately 556 feet in length. Sidewalks: Sidewalks are shown on all four blocks of the development. Drainage: The elevations of this site range from 900 feet at the west side of the site to 897 feet on the east side of the site. The site is flat, however, grading is proposed to drain water to the detention pond on the west side of the plat located outside of the plat area. Wetlands: Farmington's Surface Water Management Plan indicates that a wetland exists on the west side of the plat and has been confIrmed by the Dakota County Soil and Water Conservation District in their letter. Dakota County has required further information concerning this wetland because of the potential expansion proposed by the plat. Silt fence must be placed along the perimeter of the wetland. Public Utilities: Se\ver and water services are available to the site from the west and south. Parkland Dedication: See comments below. Additional Comments City staff recently met with the developer's engineer on October 16th to discuss engineering issues including the driveway access issue on County Road 72. The developer's engineer submitted a revised site plan for the northeast block of the site which reduces the amount of driveway access on County Road 72 by four drives. The proposal is to provide one accessway for five housing units at the existing Sauber home driveway entrance. The accessway will also allow for safer traffic movement generated from the lots by allowing vehicles to access County Road 72 face first rather than backing onto the road. The accessway will be curbed and will consist of 160 linear feet. The northwest block showing lots 2, 3, and 4 along County Road 72 will be increased to a larger depth in order to provide stacking space in the driveways for two vehicles to park end to end. This will allow for additional parking of vehicles on the lot along the County Road. The following issues need to be addressed by the developer in the northeast block: 1. The City requires the width of the accessway to be 28 feet instead of the 26 feet shown on the plan. 2. The developer shall provide access easements to the park for lots 1, 7, 8, and 9. The Parks Director discussed the parkland contribution fees required for the plat with the developer's engineer. Park fees will be collected for the plat and will be used in the park fund at a later time. At the October 14th Planning Commission meeting, the Parks & Recreation Board was interested in requesting a portion of the northeast comer of the plat to be dedicated for park purposes. Since that time, the City Engineer has determined that a stormwater pond be located in this area to handle runoff more effectively for this plat. The Parks Director has agreed to this solution and will accept park dedication fees from the developer to meet requirements of the City Code. The Fire Department has reviewed the revised site plan and recommends that a cul-de-sac be designed for the accessway in the northeast block of the plat. Concerns for the accessway shown include difficulty of turning movements for fire vehicles and the need for backing trucks from dead end streets. Cul-de-sac turnarounds require a right-of-way radius of 60 feet. The developer has stated that the accessway will be private and will be maintained by the developer. Private streets are not addressed in the City Code, therefore, City requirements do not necessarily pertain to this proposed private street. However, City staff suggests that a solution to this issue be addressed and a compromise to City standards be determined. Re~ommendation Approve the East Farmington 4th Addition Preliminary and Final Plat contingent on Engineering and Fire Department comments and forward the recommendation to the City Council at the November 17, 1997 meeting. ~ ,~ ~ .~ -::s ~ \., ", ~ cJ'1 ", G ~ \(' ~ G ~ 1 " i-~_'" B .. -, ";:;':.;: ,::.::~:~.;:::~.::;:.~<<::;:;::~ ,'-". ...'.....,.....-... r t ';::::::::':,:>';:;:::-:-:::::~:::k'~:: ,,:~:',::;::~,:,-~:<":;::;i:""::;::::::~ .:::::. :;::~:;:::~:~:/~;::~ :~:;:.: .:{ I I .- I , 0 N ~ llr . "- ~ ~ .. EJ :i ... crC.1 ilL. ... . , G ~ EJ [!] ~ ot aL . ""~~17 G G IG G EI G I G G G ~ 0 [J G 0 ~ 0 ~-- . ~ / . I .- . . ( ~. G [ Er 0 EL [J [ . \:' ~ -:;:: ;:\ 'G [ G E1 B [J [ .. !fa. TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Adopt Ordinance - Code of Ethics DATE: December 1, 997 INTRODUCTION At the October 28, 1997 Council Workshop, extensive conversation concerning the potential adoption of a local Code of Ethics was held. At the conclusion of the discussion, Councilmember Strachan requested that this proposed ordinance be placed on the December 1, 1997 Council agenda for adoption. DISCUSSION Copies of this proposed ordinance have been distributed to City commissions and boards. I have received no comments either supporting or opposing the adoption of the ordinance. The final version of the ordinance and ordinance summary is attached for Council review. BUDGET IMP ACT None. ACTION REQUESTED Council determination as to the adoption of a proposed Code of Ethics ordinance and the publication of the Ordinance Summary as reviewed and approved by the City Attorney. Respect~ll~mitted' //1 1 ( If - ~ J hn F. Erar City Administrator City of Farmint)ton 325 Oak Street - Farminfjton, JfN 55024 - (612) 463.7111 -Fa,r (612) 463.2591 ., ORDINANCE NO. 097-410 . AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR PUBLIC OFFICIALS, ELECTED AND APPOINTED, AND CITY EMPLOYEES OF THE CITY OF FARMINGTON. The City Council of Farmington ordains: Section 1. Definitions. 1. Public officials are defined as all elected and appointed positions, paid and unpaid in the City of Farmington. 2. Public bodies are defined as including the City Council, all Commissions, all Boards which may be appointed by the Farmington City Council or the Chief Judge of this Judicial District. 3. City employees are defined as the paid public employees of the City of Farmington. .4. Public Office is defined as a public trust created for the benefit of the public and not for the benefit of the incumbent. 5. Personal interest means an interest arising from blood or marriage relationships or close business or political associations. 6. Direct financial interest is hereby deemed to mean such an interest as would involve a reasonable likelihood of personal, corporate or proprietary gain having a monetary value of substance. 7. "Blood relationships" and "marriage relationships" shall be deemed for the purposes hereof to include only immediate family relationships of the first degree: spouse, children, mother, father, father-in-law, mother-in-law, stepfather, stepmother, brother, sister, sister-in-law and brother-in-law. 8. Conflict of Interest is defined as any action which causes the appearance of a conflict of interest whether that conflict be financial, personal or such that the individual would personally benefit or gain from such action. Section 2. Policy. Subd. 1. Purpose. The City Council of Farmington confirms its determination that ethical standards among it members, as well as the members of the various commissions of the City of Farmington are essential to the public affairs of the City. The purpose of the code is to establish ethical standards of conduct for dty officials by setting forth those acts or actions that are incompatible with the best interests of the City and by directing disclosure by such officials of private financial or other interest in matters aftecting the City. The provisions and purpose of this Code are hereby declared to be in the best interests of the City of Farmington. Subd. 2. General Declaration. It is extremely important that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in their transaction of public business but that such standards be clearly defined and known to those persons acting in public service as well as to the public. Ordinance No. 097-410 - Final The proper operation of democratic government requires that public officials be independent, impartial, and responsible to the people; that governmental decisions and policies be made in the proper channels for the governmental structure; that public office not be used for personal gain or private interest; and that the public have confidence in the integrity of its government. In recognition of these goals there is hereby established a Code of Ethics for public officials, elected and appointed, paid and/or unpaid and City employees. Subd. 3. Responsibilities of Public Office. Public officials are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state and municipality and thus to foster respect for all government and for the citizens of the community whom they serve. They are bound to observe in their official acts the highest standards of morality and ethics, and to discharge faithfully the duties of their office. Subd. 4. Dedicated Service. All City officials shall be dedicated to fulfilling their responsibilities of office described herein. They shall be dedicated to the public purpose and all programs developed by them shall be in the best interests of the community. Public officials shall not exceed their authority or breach the law or ask others to do so, and they shall work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work. Section 3. Scope of Persons Covered. The provisions of this Code of Ethics shall be applicable to all members of the City Council, all commissions, paid and unpaid, advisory or otherwise, committees and boards. It shall be applicable to all city employees, full-time and part-time, of the City of Farmington. Section 4. Fair and Equal Treatment. Subd. 1. Incompatibility with the Public Interest. Subject to the provisions of this section, no public official, while acting as such, shall participate in the discussion of, attempt to unduly influence or vote on any issue in which he or she has any direct financial interest or personal interest which arises from blood or marriage relationships, or from any other interest which may subvert the public trust. Subd. 2. Disclosure. If two or more public officials or members of a public body shall declare a financial or personal interest in a matter to be decided by the public body, then every remaining member of that public body shall be required to vote such matter. All votes shall be cast and tallied following a full public discussion of the item being voted upon. During the course of such discussion, every member having either a direct financial interest or personal interest as above described in this section shall make a full public disclosure of that interest and shall abstain from discussion and voting on said issue. All such disclosures shall also be made a matter of public record along with the recording of the votes relating to the subject matter. Ordinanc~ No. 097-410 - Final ') Subd 3. Voting. V oting for any public body associated with the City of Farmington shall be done in a public manner in compliance with State Statutes regulating such activities and shall abide by the "Open Meeting Laws" of the State of Minnesota. Subd 4. Abstention. If a public official or employee of the City while acting in a capacity of influence has a financial interest, personal interest or any other such interest which may provide for personal gain on any matter pending before a public body of which he/she is either a voting member or in which he/she serves in a reporting relationship, he/she must abstain from voting on such matters. After full disclosure of such interest to the public body, a public official or employee may discuss such matters in which he/she has a personal interest to the extent that the information presented is relevant, and will assist the voting members of the body with their deliberations. Further, it shall be stated in the meeting minutes the nature of such financial or personal interest and it shall be made a part of the public record. Subd 5. Public Officials Serving on Two Public Bodies. The practice of serving on two public bodies is discouraged, but allowable subject to the following conditions. Notwithstanding anything contrary above or following stated, one member may serve on two bodies if no other applications have been received for that position, and/or that such appointment is in the best interests of the community as deemed by the appointing body. Public officials may serve on two public bodies, but must abstain from voting should an issue arise which may give the appearance of a conflict of interest, or if the issue under review may impact his or her position on the other public body giving way to a personal or financial interest in the outcome. After full disclosure of such interest to the public body, a public official or employee may discuss such matters in which he/she has a personal interest to the extent that the information presented is relevant, and will assist the voting members of the body with their deliberations. Further, it shall be stated in the minutes the nature of such financial or personal interest, and it shall be made a part of the public record. Members shall observe such conditions as set forth which if violated may lead to his/her removal on both public bodies. All actions relating to, and from shall be made a part of the public record. Subd 6. Non-Participation. No person covered by this Code of Ethics shall take any official action with respect to a matter in which he or she has a direct financial interest or personal interest; provided that participation in decision-making process on his or her own behalf as a private citizen shall not be prescribed by this Code of Ethics, and provided further that he or she may participate in matters leading up to or preliminary to official action to the extent that he or she disclosed any such direct financial or personal interest as he or she may have in the same and to the extent that he or she has no discretion to make such a final controlling judgement or vote on the same. Disclosure of any such financial or personal interest shall be made to the council, board, commission or committee of which the person is a member when the item appears on the agenda. Such disclosure shall be recorded in the meeting minutes and become a matter of public record. Disclosure of any such financial or personal interest in a matter v.here an appointed official is involved in the review and approval or denial process shall be made in writing to the City Ordinance No. 097-410 - Final 3 Administrator. Such issues involving an appointed official shall be referred to the City Attorney to determine whether a conflict of interest or an appearance of impropriety exists. Subd.7. Confidentiality. No person covered by this Code of Ethics shall, without proper, written legal authorization, disclose confidential information concerning the property, government or affairs of the City, nor shall any person use such information to advance his or her personal financial or private interests or other private interests of any person. Subd. 8. Gratuities. No person covered by this Code of Ethics shall directly or indirectly solicit any gift or accept or receive any gift of substance, including but not limited to money, services, city services, loans, travel, entertainment, hospitality, or promise, under circumstances in which it could be reasonably inferred that the gift was intended to influence him or her, or could reasonably be expected to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. Subd. 9. Representation. No public official of any public body shall appear in behalf of another's private interest before the council, any committee, commission or agency of the City where that public official sits in a decision-making capacity, nor shall he or she represent another's private interests in any action or proceeding against the interests of the City in which the City is a party. Subd. 10. Sales, Leases and Contracts. Except as specifically authorized by Statute, Section 471.88, no person covered by this Code of Ethics who is authorized to take part in any manner in making any sale, lease or contract in his/her official capacity shall have a direct financial interest in that sale, lease or contract or personally benefit financially therefrom. Subd. 11. Official Duties. No public official or employee of the City shall claim expenses for travel, meals, accommodations, conferences or any other such type of travel expenses unless such expenses are directly attributable to his or her personal travel expenditures while on official city business. Expenses charged to the City for pa:ment shall not include any expenses associated with family members traveling with the official as defined under Subdivision 1. of this section. Subd. 12. Private Use of Public Property. At no time shall any public official or City employee use City property for his or her own private t:Se. Solicitations made by public officials of City employees for special favors, or for private use when such requests will knowingly require the use ,of public property for personal reasons is strictly prohibited without the express written permission of the City Council, and such requests shall be made part of the public record. It shall be required that any such solicitations be rer-orted to the City Administrator, who shall then investigate, and report such findings to the City Council. Subd. 13. Involvement in Governmental Reyiew Processes. At no time shall any public official or City employee involve him/herself in a go\;;mmental review process \vith respect to a matter in \vhich he or she has a financial interest or pe:-sonal interest. Ordimnce No. 097-410 - Final 4 Section 5. Appearances of Conflict of Interest. Subd. 1. No public official or City employee shall knowingly engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would impair his/her independence of judgement or action in the performance of his/her official duties. Subd. 2. No public official shall hold a position in addition to a public position which interferes, or may interfere, with the proper discharge of the public duty. Subd 3. No public official shall solicit personal gifts or special favors from City employees or from other public officials. Subd 4. No public official shall have a personal interest in legislation to the extent that private interest tak~s precedence over public interest and public duty. Subd. 5. No public official shall participate in transactions as a public representative with a business entity in which the public official or City employee has a direct or indirect financial or other personal interest without full disclosure. Subd 6. No public official shall use confidential information, obtained as a result of public position or City employment, for personal gain. Subd 7. No public official shall enter into contracts or other business for profit by a business in which an elected official has a substantial or controlling interest when the elected official' can influence such contract or business because of his public position. Subd. 8. When a public official or City employee knowingly participates in a situation contrary to the sections of this Code fails to disclose such personal or financial interest or takes such action which causes a violation of the Code, then that person would be in violation of this Code and its respective sections. Subd 9. When a public official serving on two public bodies fails to voluntarily abstain from discussion and voting when such discussion on one public body would affect his or her financial or personal interest on the other. Subd. 10. No public official shall use his/her public office to further a financial interest or unduly influence the outcome of a City review process or proceeding for personal or financial gain. Section 6. Applicability of Code and Disclosure. Subd. I. When a public official or City employee has doubt as to the applicability of a provision of this Code to a particular situation, he or she shall consult with the City Attorney and City Administrator for an advisory opinion and be guided by that opinion when given. The official Ordinance No. 097-410 - Final 5 shall have the opportunity to present his interpretation of the facts at issue and of the applicable provisions of this Code before such advisory decision is made. Subd 2. This Code shall be operative in all instances covered by its provisions except when superseded by an applicable statutory provision and statutory action is mandatory, or when the application of a statutory provision is discretionary but determined to be more appropriate or desirable. Subd 3. Not later than sixty (60) days after the date of adoption and thirty (30) days after publication, each elected and appointed official and employee of the City of Farmington shall file with the City Administrator/designee a statement of Disclosure of Interest for the public record if applicable. All current public officials or City employee who falls under the provisions of this Code of ethics shall file a statement of disclosure only if a [mandaI or personal interest exists under this Code. If no relationships defined under this Code apply, a Statement of Disclosure is waived. Subd 4. Disclosure criteria established under this Code shall include, but not be limited to the following: a. A list of all business corporations, companies, firms or other business enterprises, partnerships knowingly doing business \\'ith the City of Farmington in which the official or employee has a financial or personal interest in. b. A list of businesses or enterprises \\'ith which he or she is connected as an employee, officer, owner, director, trustee, or partner. c. A list of his or her interests in real property or rights in lands located in the City of Farmington, other than property which he or she occupies as a personal residence. d. Each person who enters upon duty after the date of publication and adoption in an office or position as to which a statement is required by this ordinance shall file such a Disclosure Statement not less than thirty (30) days after the date of his or her entrance on duty. e. This ordinance shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society or any charitable, organization or any similar organization not conducted as a business enterprise and which is not engaged in the ownership or conduct of a business enterprise. f. The City Administrator shall inform each person who is required to file, of the time and place for filing. The City Administrator shall inform the Council whenever a person who is required to file a statement fails to do so. Section 7. Penalty. City employees, \\ith the exception of elected officials, whom, after investigation, knowingly violate sections of the Code are subject to termination by the appointing authority, upon recommendation of termination by the City Administrator. Commission members Ordinance No. 097-410 - Final 6 are subject to removal by the governing body who knowingly violate sections of this Code. Elected officials are subject to removal from office pursuant to state statute governing and regulating such removal, and are hereby exempt under Section 7 of this ordinance. This section shall not be construed to limit the rights of persons charged with violations of this Code under Federal and State Civil Rights Laws. Section 8. Summary Approved. The Council hereby determines that the text of the summary of this ordinance prepared by the City Administrator, marked "Official Summary of Ordinance No. 103" and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 9. Posting and Filing. The City Administrator shall see that a copy of this ordinance is filed in his. office and in the City Hall business office, which the council hereby designates as locations at which a copy is available for inspection by any person during regular office hours. Section 10. Publication. The City Administrator shall publish the title of this ordinance and the official summary in the official newspaper \\ith notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Administrator. Section 11. Effective Date. This ordinance becomes effective after adoption and passage, and 30 days after publication of its title and official summary. Passed by the Council this day of ,19_. Mayor Attest: City Administrator/City Clerk Published this day of City of Farmington. in the Farmington Independent, a legal newspaper of the Ordinance No. 097-410 - Final 7 "OFFICIAL SUMMARY" ORDINANCE NO. AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR PUBLIC OFFICIALS ELECTED AND APPOINTED, AND CITY EMPLOYEES OF THE CITY OF FARMINGTON. The following is the official summary of Ordinance No._ approved by the City Council of Farmington on The City Council of Farmington has \\ith this ordinance established a Code of Ethics for all public officials, both appointed and elected, and City employees. This ordinance institutes appropriate public policy standards and sets forth guidelines in this local unit of government for dealing with public issues which could impart the appearance of a conflict of interest to the general public. It defines personal and financial interests which are incompatible with the best interests of the City and directs disclosure by such officials of private financial or other interests in matters affecting the City. It establishes fundamental standards of ethical conduct for all persons in public service associated with the City of Farmington, and seeks to promote that the highest possible standards of ethical conduct are observed while transacting public business. It describes City procedures to follow in the event of a possible conflict of interest including public disclosure requirements, voting abstention requirements, and appearances of conflict of interest. Furthermore, it establishes public standards on confidentiality issues, gratuities, representation, sales, leases and contracts, official duties, and private uses of public property. The penalties for knowingly violating this ordinance may result in termination of employment for City employees and possible criminal prosecution if the situation warrants such action to be taken. A printed copy of the ordinance is available for inspection by any person at the office of the City Administrator. Ordinance No. 097-410 - Final 8 DISCLOSURE OF INTEREST Name: Status: DAppointed DElected DEmployee (Check One) Position Held: (Identify Public Body or City Department) Type of Interest (Check all that apply): DPersonal DFinancial DOther Do you have any direct financiai or personal interest in any private enterprise doing business with the City of Farmington in which you or immediate family members would have the reasonable likelihood of benefiting from personally by your position with the City? DYesDNo If Yes please explain: Identify any business, profit or non-profit, which you own or have interest in, personal or financial, which does business with the City of Farmington: If you have listed any business interests, please check your status with this business interest: DEmployee DOfficer DOwner Director DTrustee Partner Identify any real property or rights in lands, whether full or partial interest, located in the corporate limits of the City of Farmington, which does not qualify as a primary residence: I hereby affirm that the information given is accurate and is being given to the best of my knowledge. My signature on this disclosure form indicates compliance with applicable City ordinances regarding conflicts of interest disclosure requirements. Should circumstances arise which may modify or alter my interests, personal or financial, I will inform the City Administrator and request an opinion on such interest as specified in City ordinances. Signature Date Ordinance No. 097-410 - Final 9 CJb TO: Mayor, Councilmembers City Administrator~ FROM: David L. Olson Community Development Director SUBJECT: HRA Board / Ordinance Change DATE: December I, 1997 INTRODUCTION Several HRA Board members have suggested that the composition of the HRA Board be changed to include appointed citizens. The Council was previously provided with background information on this issue. DISCUSSION The previous information that has been submitted to the Council on this issue contemplated a change to the Board makeup whereby three Board positions would be filled by citizens appointed by the Council and the remaining two positions would be occupied by current members of the City Council. Since Minnesota Statutes specify that terms for Board positions be five years in length, it was suggested that the initial appointments be staggered from 1-3 years and that subsequent appointments to these positions be four and five years respectively. The following are questions that the Council needs to address relative to this issue: Is it the consensus that the HRA Board should include appointed citizens? Should there be a mix of appointed citizens and elected Councilmembers and if so what ratio? When should this change be implemented? Should the bylaws be modified relative to selecting a Chairperson and Vice- Chairperson? BUDGET IMPACT None Citl) of Farmint)ton 325 Oak Street · Farminqton, MN 55024 · (612) 463.7111 . Fax (612) 463.2591 ", AuthoritY Establishea Initial Appointments Criteria Adopted Effective Date AUTHORITY ESTABLISHED: It is hereoyreco'gnizedthat.in the 'ditY()fJ='a.rm'in9torithere'~as.created.: tv1arc~1~>':i97~ :.: a . Housing and Redevelopment Authority which it is herein reaffirmed.didana continues to exist as an independent administrative authority 'exerCising ail of the powers granted to it under M.S. 462.445. (Ord.080-91, 4-7-80) \"'~" ',... The Dakota County Housing and Redevelopment Authority is authorized to exercise on behalf of the City the powers conferred by Minnesota Statutes. sections 462C.01 to 462C.08 including power to issue and sell single famiiy housing revenue bonds. The HRA shall, upon request of the City councIl. make oerioaic status reports to the City Council regarding the progress of the housing program and bond issue undertaken pursuant to the power conferrea hereoy. The HRA shall submit the Housing Plan and Program for the City, ~reoarea by the HRA, to the City Council for Its aoproval. prior to suomlSSlon of sala Plan ana Program to the Metrooolitan CounCil ana Minnesota r-iouslng Finance Agency, resoect:veIY. (Ord. 083-149. 8-1-83) 2-8-2: iNITIAL .';PPOINTMENTS: ':1ii:ial aooctntmems were r:-:aee to acccmOlisn ::1e -atatlon -:f cverlaOOlng :erms aescr-:oea ::1 3L10SeC:lon 2-8-3(0) .:e!ow. ,Ora. 080-91. ~-7-aO: ame. 'Jre. 094-329. ~_~_~a. ) :'\'~<;'.> ;~ ,-' -, (S)Designated Seats: All seats shall be held by sitting members of the City Council. (0) Term of Office: Terms shall be concurrent with City.Council.terms and shall expire at the same time as the members'Counciltermof office. (C) Qualifications: Members shall be citizens of the residents of the City. (E) Compensation: The authority shall establish the compensation to be paid members and the reimbursement for personal expenses within the limits prescribed in M.S.A. 462.441. (F) Oath of Office: Prior to assuming the duties to which first appointed, each member shall take an oath of office. (Ord. 094-329,4-4-94) . 2-8-4: EFFECTIVE DATE: This Ordinance becomes effective upon adoption by the Council and upon subsequent publication in the official newspaper. (Ord. 080-91, 4-7-80) "".. 59.1 Cit'l or F=rmtr.?ror:. .,. /, ':_.i.' ~". ~,<;~-~ SUBD. l-Regularmeetingsofthe Housiriga:ndRedevelopmentAuthority shallbe held on . ...... secOIici (2nd) Monday of eachmonthat7:00 P~M. . Any, regular meeting falling~po~'a hOliday.shallp,e ~~ld()n- . the n~~tt foUo~g~\LSiI1e,ss,~y at th~S3Il1e~~e aI].d place. All meetings, including specia1aIl~,~~jeum.~e meetirigs, shall be held ill the 'City HallUDlessotherwise designated.:';..: '~..':'.i(F"'i;:~";_?<L;;>(:. ~- ' -,.~.:_- - '; " -, _:.".-".p;.,'; ~",;:~;~:<)-,: :>-~" ;'-~<~- -.;' - - ~ - ,- -, .. ": 'irs;:,:-:_-.-<(:!~::'~:-t~~.:::-;~. SUBD. 2- Special meetings of the Autl1orityma.y be called by the ChairPerson orm writtenf'Onn by any' . other two (2) members of the Authority, filed with the Executive Director. At least 3 days'beforethe meeting, the Executive Director shall notify each member of the time, place and purpose ofmemeering by causing written notice thereof to be delivered to himtber personallyifhelshe can be folind.or, ifhel she c:mnot be found, by leaving a copy at the home of the member with some person of suitable f~sponsibility. .J\tlellSttbr~ (3) da.yspportothe meeting,theEx~cutive Director~hallaJ.so.p9stno~ge 6f the meeting and notify each person~oh3S ,filed a Written req~est for notice of sP~cial#1~~~g~~:~t.. >.. ~/_-"__' ", '_ '-, ..\' _:__.,:,c:'--'_: _ ,,',' _ ,>,: :.,<.: ','. ,..- '-':', ""'.__ : <'.i/: -. ",,, ':-. '",-'. -:, ,_ " "":-'.: <:,-,-",":" ',,..?,,,.:- '.- - ''':'''>-.,'' :>",,':.' ,"':<"',:~,''''':','' ,', "'~)'-'<~'-' ".-",,,,.,,, ,.....,';~ . may, ifnecessary, provide such other more restricted notice; as allowedby StatutC~'such as; M~S~'471.''l9S~ ',.'_ " '_""',:' :".'Y' ",' .~_ ::','t.:c '..' ,'" ~.- " '",,/.:.- ;""--;,'.' '. ,-:'-',~.,.",..,:,:,,"-:,::c,'-"~~"'.:~"l:";" .",L'I:.:':"o;'.'-~'\i, subd.. 1 C, paragraph g,'"1f a person receiveS aciu.a1 notice of a meeting ofa public body at 1~asf21 hot;: before the meeting, all notice requirementS of this subdivision are satisfied with respecf to that person, regardless of the method of receipt of notice." Emergency meetings may be heldbecause''of circumstances that, in the judgement of the Authority require immediate attention. The notice of special meeting shall state the item(s) to be discussed and possibly acted upon. Items not stated in the notice may be discussed, but no action may be taken if any member objects. Any special meeting attended by a majority of the Authority members shall be a valid meeting ror the transaction of any business that may come before the meeting. ,5 UBD. 3 - At the first regular Authoritymeeting in J anuaryof each year, the Authority shall (1) Designate the depositories of Authority funds; (2) Designate the official newspaper: (3) Choose a Chairperson ana a Vice-Chairperson from the Authority, who shall perform the duties of the Chairperson during the disability or absence of the Chairperson from the Authority or, in case ofa vacancy in the or'tlce oIChairnerson. ::ntii a successor has been appointed and qualifies. SLeD. - -l. All Authority meetings, as defined by StateL:l\v. inciuciing speciai and adjourned meetings shall be open to the public. The Authority Attorney shall advise the Authority in \\-TIring as to his :merpretation of the state "Open Meeting Law". All new memoers shail be provided SUCD. written interpretation ana briefed on such by the Attorney. The Attorney shail bring any changes i:1 his interpretation to the attention of the Authority in writing a.T1d have the subject piaceci on tne agencia II discussion. I 1 \ . " ^,>,,',' ;-,:," _ ,'--,,', " . .' "';"--- ,;,-- ',_ _""" -";', ,:- ,_:<, ,: ' ',' ;.r: :,".':-,-"-:',,,- " SUBD. 2 _ Any member cmplace an item on the agenda1:,r so instrUcting the Executiye Director~ :.. i"" '--:"> : -' " ',"/',::;':' ,'> {::L", '--:.-- "', ~':~(:' '_,'':>>-'~-~'' ,:,~(,-,',>i?:;: ,_:<,:":~,: -i>:\:' -/'<_ . ':"';:' ,',:- ,::' ->> ','" ' , ", ,::'-,' "'; ,,,:'-'Y,<'<',- ,':':", .::,,:-,::~' ,,:'/:;-:<:';,',::;~:;;>3r :':: --,;,:'Jpi-':~~>'::_ ';....,:,.., - ',;-, ," \ '.- :"-',:,:- ",~ SUBD.3 -No item shall be placed on the agenda unless the item is expressed is such a way asto;' , clearly show the subjec~ IIlatter involved.;; ',"" ':" ' SUBD. 4 _ The' agCnda add-ons ~; b~ ~j';" i.; appio~~Y.~ niajori';'Voie of th~ tti~eis./ , . present. Items on the agenda may be discllssecL but no action may be' taken if any member objects.' , Sl-'''BD. 2 _ The order of business may be varied by the presiding officer. but ail public hearings snall be held at the time specified in the notice of hearing. SECTIO~ V 'lINlrrrS :SEBD. 1 _ Minutes of eacn Authority meeting shail be kept by the ~xecunve Director. ::r. :'"1 his/ .:osence. his/her desilIDee. In the absence ofeoth. the tlresidin~ officer shail atltloint a secret3IVtlrO te..u. - ... - ... ... . .. ~esoiutions and claims need not be recorded in fuil in the minutes if they appe:ll' in other permanent :-ecords of the Executive Director and can ce :lccuratdy ide:mned t70m the descnption given in the :nmutes. Attest: ~ ~ ", ; -- ,'-:~. ' ;, . '. - ::. "\" - ,-. - " ~ ,.'< \~~,~ WilliamJ.Fitch V'" HRA ChaiIperson Gerald A. H~nricks HRAExecutive Director " '. ~e'.'ls~dl.'1:"96 ~\ \linnesota Statutes 1996. Table of Chapters .ble of contents for Chapter 469 469.003 C~ty housinq and redevelopment authority. S~=d~~~sic~ 1. Preliminary city findinqs and declaration. :here is crea~ed in each ci~y ~~ ~~~s 3~a~e ~ ~~b:~= ==dy, =~rpora~e and politic, to be known as ~~e ~cus~~; :nd rede':elc~:::en~ :u~hority in and for that city. :'10 suc:-- :ut:--ority shall transact any business cr exercise any ~owers ~nt~: t~e governing body of the city shall, =y resolu~~cn, :~n~ ~ha~ ~~ ~~a~ ~ity (l) substandard, sllli~, or blighted areas ex~s~ ~hi=:-- cannot =e redeveloped without goverr~en~ assistance, or :z: ~here is a shortage of decent, safe, and sanitary dwelling :ccc:::modations available to persons of low income and their :ami:~es a~ =en~als they can afford, and shall decla=e ~~a~ ~~ere is ~eed for a housing and redevelcpmen~ au~hcr~~y -~ :~ncticn in tja~ city. In determining whether dwellin; :ccc~~odaticns are unsafe or unsanitary, or whe~her substandard, sl~~, ~~ bl~;hted areas exist, the governing body may consicer ~~e degree of deteriora~ion, obsolescence, or overcrowding, t~e ~ercen~age cf land coverage, the light, air, space, and access :vailable to inhabitants of the dwelling accommodations, ~je si=e and arrangement of rooms, the sanitary facilities, the extent to which conditions exist in the buildings tha~ endanger _ife cr ~ro~erty by fire or other causes, and the ori;i~al land ~la~ni~g, :O~ layout, and conditions of title in the area. Subd. 2. Public hearinq. The governing body of a ".::ity sr-.all ::::::nsider such a resolution only after a pubJ.~c ~earing ~s ~eld on i~ after publication cf no~ice i~ a ~ews~aper of general ::ircula:ion in the ci~y a~ leas~ once noe less tjan ten days ~or ~ore tjan 30 days prior to t~e da~e of :~e ~ear~~g. 2;;or~uni~y ~o be heard shall te ;=an~ed ~= ~~: =esiden~s ~= ~he ci~y and :0 all o~her ~~~e=es~ed ;e=s8~s. ~~e =esolut~::n sjall ~e published in t~e same :::anner -- ~n~::~ ordinances are published in tje municipa~it!. 3ubci. ...,,, Conc~usi.veness of resoJ.ution.. :'lhen ~:-.e resolution =ecomes finally effecti7e, i: sj:~~ ~e s~::~=~~n~ - ~. .. . _. . .. ~c~c~~s~~e =:= a~_ ~u=~oses ~: ~~ cec~a=es ~~a~ ~~e=e ~3 ~~ed ~:= ~n a~=~==~~v and ~~~ds ~~ subs~a~~~a::~ ~~e ~e~=s ~==~~=e~ s~~di~~s~~~ : ~~a~ :~e c=~diti~~s ~~~=e~~ Gesc=~=ec ..;:.'~" :::- -~.._.... - .. -,,~~ Copy f~~ed wit.'" commissioner ~_ '::.=acie ana economic deve~opment. ;'ihen t~e ;::-'::sc ':"'~:'~::-. ='=C:::-.e5 :: :.:-.=-.:...:... ef~ec~~~e, ~~~ ~_e=K c~ ~~e :~~~ sha~~ ~~:~ ~ :~=~~~~~= ::;~. :.-: ','ii-::-~ -::-.= ':2:::"'~':SS:'::::2~ :: -==3.ce =':-.8. -=::::::-.:::-.:":: :.~.:~~:::;::-.e:--.-:.. - -... -...- _..' ...___1 ~ -- . .....- -- -- ....., == ~===ee~~~; ~~7=~~:~; ~~9 ..: --...-." -..... . ------. ..:......,.;---~-~...- ...-----.........- -~ -- =~ia_::~; ~: ~~y :=~~=~=~ :~ ::.- =.,...--............. _..- _.... ---.-----.. ~;'-:' -::-.: =: :'.' ~ :-_.;. _.:.. ':,2 .::: ::::~ ....:s =- ".-e 2.. i. '.::.ee~.ec: -- -:::,....::. -.:.....--0 -.... ..-. - ---........... ~=_;___~~ec 2~= ~~~~==~:2C ~: -:=~~sa=-: .... . . ::::: . - =- ~::::: ::. -.... .::. '.' .::. ..... -. .: ~ ----.....-- -..- --......._---- ;=~e=3 .~~=:: :~3~ ::.._~~~. ==:::c: :: --..... ___~__~~:~ ~~= ~: --~- ::.._~~; ~3! =: ~ace ~~ ~~! s~c~ S~~~, - --- . -- -----.., := ;:=::::9~C.':':-..:: _.' -.::l......--~.._-=-.:. ----------- ::-. = - ................ ~ ::::: . ........ ~ ..... --..-..-----...-- ~==.:..:: -::...- : :::-.:::-.:..: :2~:~~.:~:':".e:"'..:. . -- :~7e ~c=~issioners, who shall ce r~siden~s 0: ~~e area c: ~~e=a~~:~ 2: :~e aut~ority, who shal: ::solu~~;~ =e~=mes :~~ally effec~~7e. ::e ap~~ir:r.ed ~i-.=."" -:-~ --...-- --...- 3ubd. O. Appointment; approva~; tez:m; vacancy. :'!':e _o=rnissi=~ers 5hall be appointed by ~he ~ayor, ~i~~ the app=~val of ~he gover~~~g body. Those initially appoin~ed shall be a~~ointed :or ~erms of one, two, three, four, and ~~,e years, respecci7ely. Thereafter all commissioners shall =e a~~ci~~ed :or fi v'e-~'ear -:erms. =:ach vacancy in an unexpired tem shal2.. ::e :~~:ed :or ~~e remainder of the ~e~ f~= whi=~ ~~e c=igi~a~ appoint::tenl: ...;as made. Any member c: t::.e g~ve:!:'!1i:1g cody cf = city may ::e a~~ointed and may serve as a cc=missioner of -:!':e auchority for ~he city. The council of any city which ap~oi~ts members of t~e cicy council as commissioners may se~ ~he ~erms of office of ~ commissioner to coincide wit!': ~~e commissioner's term of office as a council member. Subd.~. Certificate of appointment; fi~inq. Commissioners shall hold office until ~heir successors have ceen a~poinced and ~ualified. A cer~ifica~e of a~poi~tmenc of ~ach ccmmissioner shall ::e filed with the clerk a~d a cert~:ied =opy shall =e ~=a~s~itted to the commissioner 0= ~=ade and econo~ic develo~men~. A certifica~e so filed shall =e conclusive evidence of appoincmenc. ~IST: :986 c 444; 1987 c 291 s 3; 1987 0 312 art 1 s 26 sued 2 Copyright 1996 by t~e Office of Revisar == S~ac~ces, State == Mi~nesoca. '. 0cl TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Prairie Waterway IIVAsh Street Reconstruction Project- Discontinuation of Joint Project Efforts DATE: December 1, 1997 INTRODUCTION At the Special Joint City Council meeting held on November 19, 1997 with representatives from Castle Rock Township, Dakota County Fair Board, Dakota County Extension Service, and Dakota County, it was jointly determined that further project efforts should be discontinued. DISCUSSION This joint meeting was characterized by continuing discussions regarding financial concerns the City has had with Castle Rock Township and the Dakota County Fair Board relative to their full financial participation in project costs. As the decision by the City Council to order the projects was in large measure dependent upon reaching substantive financial cost-sharing agreements with these two entities, it was acknowledged that the City did not have the financial ability and legal authority to underwrite the entire cost of both projects as much of the project area was located outside of the City's jurisdiction. Points of Discussion Supporting the Decision to Discontinue Joint Project Efforts Castle Rock Township - The proposal by the Township to reimburse the City of Farmington for Prairie Waterway III project costs once development occurs within the Township was discussed and rejected as impractical and legally questionable. Additionally, the Township felt it could not assess its residents for the reconstruction of Ash Street as the costs exceeded the perceived property benefit and that many residents simply could not afford that high an assessment. In addition, there was continuing'disagreement \\1th the Township over the level of storm water drainage originating from Township property. Dakota County Fair Board - With respect to the Fair Board's participation, it was indicated by Mr. Stelzel that the Fair Board simply does not have the financial resources to participate to the extent called for in the project cost analyses. In addition, there \vas continuing disagreement with the Fair Board over the level of storm water drainage originating from Fair Board property. Dakota County - Officials indicated that they would not be able to financially participate in the project beyond what is allowable under current County Transportation Policies. Currently, Citlj of Farmint)ton 325 Oak Street · Farmin(jton, ,UN 55024 · (672) 463-777 7 · Fa,~ (612) 463.2591 Mayor and Councilmembers Ash Street and Prairie Waterway III - Discontinue Project Efforts Page 2 of3 County participation is limited to 100 percent of the township's costs for road reconstruction, with a 55%/45% County/City cost sharing, respectively for the City portion of the roadway. Dakota County Extension Service - As the Extension Service is subject to the authority of the County Board, it could not commit to any [mancial participation as they are under the auspices of the County and are subject to County transportation policies. In effect, the Extension Service has very little flexibility to commit funding for infrastructure improvements not specifically authorized under County policies. City of Farmington - The City's decision whether or not to proceed with the two projects was significantly dependent on the financial participation of the other affected public entities. As both the Township and Fair Board were unable to [mancially participate to the level specified in the project analysis, the City could not commit to ordering the projects. In addition, the City's participation was also dependent o.n property assessments pursuant to M.S. 429. In the final analysis, the City does not have the financial resources to order the projects, and there is considerable question as to the legal authority the City does have to commit taxpayer funds for improvements outside its respectiye jurisdiction. Tentative agreement between the City, Township and Fair Board as to the inability to jointly proceed with the two projects was reached, with the parties indicating that a formal declaration would be forwarded to Dakota County indicating that the Ash Street Reconstruction Project would not be feasible at this time. Proposed Overlay of Ash Street It was indicated that the City, the Township and Dakota County would work together on any remaining issues associated with the potential option of overlaying Ash Street in lieu of the street reconstruction. At the meeting, Commissioner Harris indicated that if overlayment of Ash Street was approved by the County Board, he would not support any additional costs of clearing the natural storm water drainage channels that are currently non-functional. While this point was heavily debated, the County's position on this particular issue remained unchanged during the meeting. BUDGET IMP ACT The City has expended $34,691.19 on related engineering studies and feasibility reports associated with the reconstruction of Ash Street and approximately $1,903 on Phase III of the Prairie Waterway to-date. At the November 19, 1997 Joint Council Workshop, the City requested that Castle Rock Tovvnship and Dakota County Fair Board consider sharing in these costs as the information obtained benefited all entities in their decision-making processes. If the two entities refuse to share in these costs, the City will have to absorb these expenditures through the City's Road and Bridge Fund. As a significant portion of these costs were associated with storm water drainage issues, the Storm Water Utility Fund could be used to offset related costs and reimburse the Road and Bridge Fund. Mayor and Councilmembers Ash Street and Prairie Waterway III - Discontinue Project Efforts Page 3 of3 It is recommended that in the future should any joint projects be considered);y the City that upfront written financial commitments be obtained from third party entities prior to expending any project related funds. ACTION REQUESTED Adopt the attached Resolution declaring the City Council's decision to discontinue further joint project efforts with Castle Rock Township, Da.lcota County Fair Board and Dakota County Extension Service for the reconstruction of Ash Street and the construction of Phase III of the Prairie Water Way at this time. Respe.1 fuJY oubmitted, 'i!tf'f'VD hn F. Erar r ity Administrator RESOLUTION NO. R- RESOLUTION DECLARING THE CITY OF FAIU"fiNGTON'S DECISION TO DISCONTINUE JOINT PROJECT EFFORTS RELATED TO THE RECONSTRUCTION OF ASH STREET AND THE CONSTRUCTION OF THE THIRD PHASE OF THE PRAIRIE WATERWAY. WHEREAS, the City of Farmington, Castle Rock TO\vnship, Dakota County Fair Board and the Dakota County Extension Service have participated in numerous special meetings and work sessions to discuss related project issues associated with the proposed ordering of the Ash Street Reconstruction Project and the construction of Phase III of the Prairie Waterway; and WHEREAS, the City of Farmington has participated in good faith to bring about the reconstruction of Ash Street and the construction of Phase III of the Prairie Waterway as evidenced by the expenditure of $34,691 for engineering studies on Ash Street, and the expenditure of $1,903 on Phase III of Prairie Waterway, exclusive of City staff time and materials, to date; and WHEREAS, the City Council has reviewed project feasibility reports and project analyses which identify the estimated level of third party financial participation needed to underwrite project costs; and WHEREAS, joint discussions with the other affected entities have not produced the necessary financial commitments and assurances to enable the City to order the two projects; and WHEREAS, substantial project financing is currently not available to fund the two projects and, consequently the City is unable to commit adequate resources to meet total project financing requirements without external financial participation from Castle Rock Township, Dakota County Fair Board and Dakota County Extension Service; and WHEREAS, Dakota County has requested that the City declare its' iritimtions regarding the reconstruction of Ash Street in 1998. NOW THEREFORE, BE IT RESOLVED that the Farmington City Council, after thoroughly reviewing all available and relevant project information, hereby declares its' decision to discontinue further joint project efforts regarding the reconstruction of Ash Street and the construction of Phase III of the Prairie Waterway at this time due to inadequate financial resources available to underwrite project costs; BE IT FURTHER RESOL YED that City of Farmington is interested in pursuing the option of overlayment of Ash Street and working towards the resolution of any associated issues with Castle Rock Township and Dakota County on related storm water drainage issues specific to the overlayment of Ash Street. This resolution adopted this 1st day of December, 1997. Mayor Gerald Ristow Attest: John F. Erar, City Administrator } D~ / TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator Sl.JBJECT: Notification ofIntent to Terminate Legal Services DATE: December 1,1997 INTRODUCTION The City Attorney has notified the City that he desires to terminate the provision of legal services in 1998 effective upon the City securing new legal serviCes. DISCUSSION Dave Grannis has indicated that he wishes to terminate his relationship with the City of Farmington in 1998. Mr. Grannis has indicated a willingness to provide legal services until the City has established a relationship with a new law firm. Mr. Grannis has been providing legal services in both the civil and criminal areas to the City since 1986. The City and community have benefited tremendously from Dave's astute legal judgement, analytical mind and personal insights into many of the legal challenges the City has confronted since assuming the position of City Attorney. It is with sincere regret and deep appreciation that the City accepts notification of service termination from the Grannis and Grannis, P.A. law firm. With respect to filling this legal service need, the City will need to proceed expediently in selecting and contracting with a new firm. A re\ iew of the City Code indicates no established procedure for selecting a new City Attorney. In terms of the interview and selection process for a ne\v City Attorney, it is proposed that the interview and selection processes allow for the participation of a Council member on the interview team that will forward a final recommendation of appointment to the full Council. It is proposed that the interview team will consist of a Council member (to be selected by Council), the City Administrator, the Police Chief and the Director of Community Development. The rationale for including a Council member in this process lies with the fact that the City Attorney jointly serves the Council, the Administrator and City Departments. Ideally, City Attorneys, in general, must maintain a sense of balance and harmony in supporting both Council policy and staff's implementation of those policies into management objectives while vigorously ensuring that the legal risks to the municipality are clearly articulated and minimized. Citl) of FarminfJton 325 Oak Street · Farminqton, J/N 55024 · (672) 463.7117 · Far (672) 463.2597 Mayor and Councilmembers Notification of Intent to Terminate Legal Services Page 2 of2 It is my opinion that the City Attorney's working relationship with the chief administrative officer should be that of a legal advisor, as opposed to a direct reporting relationship for the express purpose of preserving and maintaining a system of checks and balances in the local unit of government. Along similar lines, a City Attorney must also be free to express legal opinions on issues of Council policy, even when that opinion may be contrary to the Council's objectives without fear of reprisal or retaliation. It is my understanding that legal friction is usually more prominent in the policy development arena than in the interpretation of organizational procedures. . In the final analysis, Council and staff must have a City Attorney who understands and supports both Council and staffs role in developing and translating policy into practice, respectively, and is able to develop and communicate legal strategies that enable implementation without jeopardizing the legal standing ofthe City. As the law firm providing City Attorney services will have the most contact with staff on a wide variety of issues, it is important to involve primary staff and evaluate the candidate law firm in terms of their respective qualifications; extent of municipal experience; professional depth and size of firm; legal fees; and work relationship references. Essentially, Council, the administrator and the management team have a very strong interest in selecting a law firm that can best meet the multi-faceted needs ofthe City. BUDGET IMPACT Disclosure of a proposed fee schedule in all Requests For Proposals will be evaluated according to budgetary guidelines. ACTION REQUESTED 1) Acknowledge, with regrets, the current City Attorney's decision to terminate City legal services in early 1998 effective upon the City securing new City Attorney services. 2) Approve the solicitation of proposals for legal services under a Request for Proposal format. 3) Conceptually approve the participation of a Councilmember on the Interview and Selection Team and designate a Council representatiye to serve on the team. ~OV-26-97 WED 8:46 . - GRANNIS LAW OFFICE FAX NO. 6124552359 DAVIl) L. GRANNIS JOYcr; M. OM/iNIS MnusSA A. R.ossow John Erar City of Farmington 325 Oak Street Farmington, MN 55024 LAw OmCEs GRAAWS & GRANNIS, P.A. 412 ~BO~~oI\1tD sum; 100 SCl1.nn ST. PAL'!., MINlol2~TA 5S07S TElDtiONE. (612) 455.1661 F....~ (6 J 2) 4SS -2359 November 26, 1997 VIA FAX: 463-2591 Re: City of Farmington - Legal Representation Dear John: This letter is to confirm our telephone conversation that our office is requesting that the City find other legal representation. We will continue to represent the City until such time as it finds other representation. OUr rate of compensation will remain the same into 1998. Very truly yours, DLG:k GRANNIS & GRANNIS, P.A. ---..- _. -.. '6--- -'- ". \ ---- . By ~ . t.o_.. David L. Grannis P.02 Rt!!lV Q, 0<''''$ \..'WAL ASSlllT ANT TO: Mayor, Councilme~~d City Administrator!~ Daniel M. Siebenaler Chief of Police FROM: SUBJECT: Citizen's letter/ Response DATE: December 1,1997 INTRODUCTION / DISCUSSION At the November 17 City Council meeting a letter was presented from a citizen regarding the issue of animal control as it pertains to cats. Staff spoke to the resident by phone and answered all of her questions and concerns. She stated she was satisfied with the progress the City was making in the area of animal control and was pleased that there was a plan to increase compliance. Staff also forwarded a written response to her and invited any additional comments or questions. A copy of the original letter outlining the City response is attached. ACTION REOUESTED Information only. Respectfully submitted, ~~/ffQ&~l Daniel M. Siebenaler Chief of Police J~ CZ City of Farmint}.ton 325 Oak Street · Farminf)ton, JI,V 55024 · (672) 463.777 7 · Far (672) 463.2597 Michael and Kathryn Phillipsen 5055 193rd Street West Fannington, MN 55024 Mr. and Mrs. Phillipsen, I received your letter to the Fannington City Council regarding animal enforcement on November 17. Let me take a few minutes of your time to explain the current restrictions placed on animals in the City of Fannington and a brief description of progress made in the area of animal control. Under the previous City Ordinance only dogs were required to be restricted in any way. As a result of City Council action in 1996 the ordinance was changed to include both dogs and cats, however the actual enforcement of the ordinance was restricted to dogs only. At this time the restrictions placed on cats are voluntary. In choosing this alternative several factors were taken into consideration. Animal ordinance enforcement has been done on a complaint basis only. Historically only dogs that have become nuisance or dangerous animals have been ticketed or impounded. Based on those "complaint" responses only, the City of Fannington has spent in excess of $1 0,000 per year for pick up, kennel fees and disposal fees. Through 1996. fees generated by an average of 170 animal licenses produced only approximately $1,000 per year. The reason for these low revenues was the fact that there was no one available to actively enforce animal licensing. As you can see the cost of even limited enforcement far exceeded the fees generated by licenses. When cats were included in the ordinance, research was done to project the costs of the added enforcement. According to several animal control organizations the number of dogs picked up from impound by owners is nearly 80%, leaving only 20% to be adopted or destroyed. The cost of those services are billed directly to the City of Fann ington. In the case of cats, the number is approximately reversed. Only 20% of impounded cats are picked up by owners, leaving 80% to be disposed of at City expense. Based only on response to complaints, that would have meant the additional expenditure of . approximately $16,000 per year for cat enforcement. The dilemma faced by the City was to find a way to off set the expenses with license revenues rather than increasing taxes. The City Council agreed to an experimental program of license enforcement using an Intern position in the Police Department. The prognm was limited to dogs to find out whether such enforcement could produce positive results. That program was initiated in a three month period during the Summer of 1997. and resulted in 1057 dog licer;ses sold. While this licensing activity will not cover all expenses associated with animal enforcement, it is a positive step toward that goal. The 1998 City budget includes a continuation of the Intern program. Based on continued program success and with assurance that enforcement will not result in increased taxes, it may be possible to expand the enforcement oflhe animal ordinance to include ~31s in the following year. City ~ Fa,,'UttiK9to.K 325 Oak $Lmi · Fa-\HWuj/u. I+{I{ 55024 · (6[2) 463-7111 @ I'm sure you can appreciate the fact that the City Council has no desire to raise taxes in the City of Farmington. The approach to animal control being implemented places the burden of the expense of animal enforcement squarely on the shoulders of animal owners. While it is not an immediate solution to the problem you have identified, it is a positive response that moves us closer to the solution you desire. I hope I have addressed your concerns even though I have not provided the most desirable answer to you. If you have additional questions or comments please feel free to contact me directly at 463-3333. Respectfu Ily, Q;4 C;:L~ Daniel M. Siebenaler Chief of Police VVednesday,November05,1997 Farmington City Council- I have a concern related to residents of Farmington who own pets, and in particular, cats. Stray and roaming cats are just as much of a nuisance as stray or roaming dogs and O'Nners should be required to contain and/or restrain their cats just the same as those of us who 0Yt11 dogs. Our neighborhood is one of many pets, both dogs and cats. VVe ourselves own 2 dogs. VVe have invested in a fence to keep our dogs happy, healthy, and on our property as is required by law. The only time that they get out unrestrained is if there is a stray animal they can see or more rarely if the gate gets left open by one of our children. They are naturally very protective of their domain and their only intent is to protect it. It is an animal instinct. VVe do our best to chase them down immediately and return them to our home. VVe, in the past, have had prOblems with stray dogs but that problem is almost nonexistent now. Our problem now is that our cat owning neighbors see no problem with making the outdoors completely accessable to their cats. They leave garage doors up enough so the animal can come and go at its leisure, \Vaather they are home or not. They have no idea where or when their cat is prowling about. Two of them seem to enjoy either sitting on our front steps and staring at our dogs through our windows or perching on the neighbors retaining wall and antognizing them by staring and strutting. Although 'We have done our best to make our yard "escape proof', \Va have a large dog YKlo is able to push her way out undemeith the fence when she is antagonized enough. I believe that both of our dogs have come to dislike cats because of their experience with them. VVe do not own a cat ourselves so our dogs do not understand them in any capacity except for the taunting they recieve from the neighborhood strays. As an example to show my frustration, here is what I need to do if our dog or dogs should get out of our fenced yard. I need to chase them down the street leaving my two children alone for the short legnth of time it takes to see if they will return home on command. If they are out after a stray, chances are that they will not. I then need to return home, pack up my children and toad them in the car. I hope that our dogs do not run into traffic on Akin Road and get killed by a passing vehicle. VVe then need to drive around until vve find them or a kind resident takes them in, checks their identification tag, calls our vet or you at the city to find out who they belong to and for us to come and pick them up. It is an enormous inconvienence for not only myself and my children, but to anybody else that may become involved. Also it makes us appear to be irresponsible pet owners and in the end we are the ones that end up looking bad. I cannot be doing this on a regular basis; I do not feel that I should have to. I feel that the city ordinance that governs dogs should be the same for cats and for that matter, any other pets. They should need to be restrained when not kept indoors, get their yearly vaccinations, be licensed, all requirements need to be equal regardless of what type of pet you own. At. least those that are able to be outdoors. We enjoy our dogs immensely. We could no easier get rid of them as 'We could our own children. If something should happen to them 'We 'NOuld be devistated. We feel that all pet owners Yd'lo care about their pets need to take responsibility for them. And for those v.tlo do not, residents of Farmington need to have a course of action 'We can take Ywtlich is enforcable by law in the form of an ordinance. I hate to make a big issue out of something such as this, but it makes life more difficult and less enjoyable when stray animals disrupt my life as they do. I plan to voice my concern at the next city council meeting. I hear that there is a plan in motion to add at least cats to the city ordinance regarding animal ownership and control. I would like to see this put into effect as soon as possible and to have the mayor and council stop slowing down its progress. My day to day life in our city 'NOuld be improved greatly with the passage of such an ordinance. Sincerely, Michael and Kathryn Phillipsen 5055 193rd Street West 460-6295